THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2004

 

SIXTH DAY

January 30, 2004-Friday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Pastor David Monroy

Hope Chapel, Manoa

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 133

    2. G.M. NO.

    TITLE

    REFERRAL
         

    133

    Dated January 9, 2004, transmitting the Department of Taxation's Annual Report on Payments to the State by Electronic Funds Transfer, pursuant to Act 177, SLH 1997.

    FILE
         
         
  2. Departmental Communications: No(s). 1-19

    3. D.C. NO.

    TITLE

    REFERRAL
         

    1

    From the State Auditor dated May 7, 2003, transmitting a report, "Management Audit of the University of Hawaii Incentive Early Retirement Program (IER)," (Report No. 03-06).

    FILE
         

    2

    From the State Auditor dated May 16, 2003, transmitting a report, "Follow-Up Audit of the Department of Human Services' QUEST Demonstration Project," (Report No. 03-07).

    FILE
         

    3

    From the State Auditor dated May 19, 2003, transmitting a report, "Audit of the Department of Education's Special Education Equipment," (Report No. 03-08).

    FILE
         

    4

    From the State Auditor dated June 19, 2003, transmitting a report, "Fiscal Accountability Audit of the Department of Education: Do Measures of Effectiveness Impact Funding Decisions?," (Report No. 03-09).

    FILE
         

    5

    From the State Auditor dated June 30, 2003, transmitting a report, "Management and Financial Audit of the Hawai'i Tourism Authority's Major Contracts," (Report No. 03-10), pursuant to Section 23-13, HRS.

    FILE
         

    6

    From the State Auditor dated August 5, 2003, transmitting a report, "Audit of the Department of Human Services' Electronic Benefit Transfer (EBT) Program," (Report No. 03-11).

    FILE
         

    7

    From the State Auditor dated August 6, 2003, transmitting a report, "Follow-Up Audit of the Child Protective Services System," (Report No. 03-12).

    FILE
         

    8

    From the State Auditor dated October 15, 2003, transmitting a report, "Review of Revolving Funds, Trust Funds, and Trust Accounts of the Departments of Accounting and General Services, Agriculture, Budget and Finance, and Land and Natural Resources," (Report No. 03-13), pursuant to 23-12, HRS.

    FILE
         

    9

    From the State Auditor dated October 16, 2003, transmitting a report, "Study of Medical Savings Accounts," (Report No. 03-14).

    FILE
         

    10

    From the State Auditor dated December 11, 2003, transmitting a report, "Audit of Kalaupapa Settlement Operations and Expenditures," (Report No. 03-15).

    FILE
         

    11

    From the Hawaii Labor Relations Board, dated August 8, 2003, transmitting a corrected page from Informational Bulletin No. 41 dated April 2, 2003.

    FILE
         

    12

    From the Department of Accounting and General Services dated August 13, 2003, transmitting a report prepared by the CPA firm of Ernst & Young in connection with certain agreed-upon procedures performed on state funds paid to two employee organizations for health and life insurance benefits for the period July 1, 1994 through June 30, 2001.

    FILE
         

    13

    From the Department of Accounting and General Services dated August 13, 2003, transmitting a report prepared by the CPA firm of Ernst & Young in connection with certain agreed-upon procedures performed on state funds paid to eleven employee organizations for health and life insurance benefits for the period July 1, 1994 through June 30, 2001.

    FILE
         

    14

    From the Department of Transportation dated September 19, 2003, transmitting its Annual Report for Fiscal Year Ending June 30, 2002.

    FILE
         

    15

    From the Ombudsman dated December 29, 2003, transmitting the "Report of the Ombudsman," (Report No. 34), pursuant to Section 96-16, HRS.

    FILE
         

    16

    From the Department of Labor and Industrial Relations dated January 2, 2004, transmitting a letter informing the Senate that the department's annual report will be forthcoming and received no later than January 9, 2004.

    FILE
         

    17

    From the Department of Business, Economic Development and Tourism dated January 6, 2004, transmitting suggested legislation based on the report: "A Policy and Market Analysis of Gasoline Pricing and the Petroleum Industry in Hawaii," pursuant to Act 77, SLH 2002.

    FILE
         

    18

    From the Department of Hawaiian Home Lands dated January 21, 2004, transmitting a letter informing the Senate that DHHL was unable to convene a working coalition pursuant to S.C.R. No. 54 (2003).

    FILE
         

    19

    From the Department of Health, Environmental Health Administration, dated January 22, 2004, transmitting its Annual Indicators of Environmental Quality Report.

    FILE
         
         
  3. House Communications: None
  4. Senate Communications: None
  5. Judiciary Communications: No(s). 1-2

    6. J.C. NO.

    TITLE

    REFERRAL
         

    1

    Submitting for consideration and confirmation to the District Court of the First Circuit, State of Hawai`i, Judicial Nominee, WILLIAM A. CARDWELL.

    JHW
         

    2

    Submitting for consideration and confirmation to the District Family Court of the First Circuit, Judicial Nominee, CHRISTINE E. KURIYAMA.

    JHW
         
         
  6. Introduction of Measures

    7. ORDER OF THE DAY
  7. Referrals and Re-Referrals

    8. RE-REFERRALS FOR FRIDAY, JANUARY 30, 2004
         

    S.B. NO.

    TITLE

    RE-REFERRAL
         

    2043

    MAKING AN APPROPRIATION TO THE AVIATION MUSEUM OF THE PACIFIC.

    (Aviation Museum of the Pacific; Appropriation) (TMG, WAM)

    TMG/SAT, WAM
         

    2053

    RELATING TO IMPACT FEES.

    (Impact Fees) (TMG, WAM)

    TMG/WLA, WAM
         

    2084

    RELATING TO MENTAL HEALTH AND ALCOHOL AND DRUG ABUSE INSURANCE.

    (Mental Health Parity) (HTH, CPH)(HTH/CPH, WAM)

    HTH, CPH
         

    2085

    RELATING TO MENTAL HEALTH INSURANCE.

    (Mental Illness; Major Depression; Health Coverage) (HTH, CPH)(HTH/CPH, WAM)

    HTH, CPH
         

    2107

    RELATING TO HIGHWAYS.

    (Traffic Accidents) (TMG)

    TMG/SAT
         

    2214

    RELATING TO THE WAIKIKI NATATORIUM.

    (Waikiki War Memorial Natatorium Restoration; GO Bonds) (TSM, WAM)

    SAT, WAM
         

    2264

    MAKING AN APPROPRIATION TO THE UNIVERSITY OF HAWAII FOR A MASTER'S DEGREE IN SOCIAL WORK BY DISTANCE LEARNING PROGRAM.

    (UH; School of Social Work; Distance Learning Masters Program) (EDU, WAM)

    EDU/SAT, WAM
         

    2275

    RELATING TO ROADSIDE HERBICIDE USE.

    (Roadside Herbicide Use) (ENE, TMG)

    ENE/TMG, WAM
         

    2280

    MAKING AN APPROPRIATION FOR A LOCAL FLOOD WARNING SYSTEM FOR LAKE WILSON.

    (Local Flood Warning System) (ECD, WAM)

    ECD/SAT, WAM
         

    2286

    RELATING TO BOATING AND OCEAN RECREATION.

    (Small Boat Harbors; Transfer) (ECD/TMG, WAM)

    ECD/WLA/TMG, WAM
         

    2338

    RELATING TO PROCUREMENT OF RECYCLED GOODS.

    (Recycled Goods; Procurement; Higher Preference; Minimum Amounts) (ENE, TMG)

    ENE/TMG, WAM
         

    2351

    RELATING TO HOSPITAL CARE.

    (Hospitals; Staffing) (HTH/LBR)

    HTH/LBR, WAM
         

    2352

    RELATING TO MANDATORY OVERTIME FOR NURSES.

    (Nurses; Mandatory Overtime Prohibited) (LBR/HTH)

    LBR/HTH, WAM
         

    2354

    RELATING TO PUBLIC CONTRACTS.

    (Public Contracts; Right to Organize) (LBR, TMG)

    LBR/TMG, WAM
         

    2369

    RELATING TO THE KOMOHANA RESEARCH AND OUTREACH CENTER.

    (University of Hawaii; Komohana Research and Outreach Center) (EDU, WAM)

    EDU/WLA, WAM
         

    2370

    RELATING TO THE WAIMANALO RESEARCH AND OUTREACH CENTER.

    (Waimanalo Research and Outreach Center) (EDU, WAM)

    EDU/WLA, WAM
         

    2378

    RELATING TO GOVERNMENT RECORDS.

    (Government Records; Electronic Copies; Remote Access) (SAT, JHW)

    TMG/SAT, JHW
         

    2382

    RELATING TO PAWNBROKERS AND SECONDHAND DEALERS.

    (Pawnbrokers; Website) (CPH, WAM)

    CPH/SAT, WAM
         

    2410

    RELATING TO THE COQUI FROG.

    (Coqui Frog Eradication; County of Hawaii) (ENE, WAM)

    ENE/TMG, WAM
         

    2418

    RELATING TO RECYCLING.

    (Deposit Beverage Container Program; Tweaking) (ENE, WAM)

    ENE/CPH, WAM
         

    2441

    RELATING TO AGRICULTURE.

    (Agricultural Land Preservation; Waialua; Land Exchange) (WLA)

    WLA, WAM
         

    2454

    RELATING TO RULEMAKING.

    (Rulemaking; LRB) (TMG/JHW)

    TMG/JHW, WAM
         

    2475

    AUTHORIZING ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING AN APPROPRIATION FOR A NEW OFFICE BUILDING FOR EXTENSION PROGRAMS ON MOLOKAI.

    (Molokai Extension Programs; GO Bonds) (EDU, WAM)

    EDU/WLA, WAM
         

    2478

    RELATING TO IMPACT FEES.

    (DOE; Impact Fees; Collection) (EDU/TMG, WAM)

    EDU/TMG/WLA, WAM
         

    2488

    RELATING TO PUBLIC ACCESS.

    (Public Access; DCCA Website; Appropriation) (CPH, WAM)

    SAT/CPH, WAM
         

    2504

    RELATING TO RECYCLING.

    (Waste Management; Statewide Mandatory Recycling) (ENE, JHW)

    ENE/JHW, WAM
         

    2505

    RELATING TO WAIKANE VALLEY.

    (Waikane Valley; GO Bonds) (WLA, WAM)

    WLA/TMG, WAM
         

    2583

    RELATING TO CONTRACTORS.

    (Contractors; Licensing) (LBR, CPH)

    LBR/TMG, CPH
         

    2601

    RELATING TO HEALTH INSURANCE.

    (Obesity Reduction Prog; Children/Adolescents; Mandated Covered Hlth Benefit) (HTH, CPH)

    HTH/CPH, WAM
         

    2602

    RELATING TO HEALTH INSURANCE.

    (Smoking Cessation Program; Mandated Covered Health Benefit) (HTH, CPH)

    HTH/CPH, WAM
         

    2603

    RELATING TO HEALTH INSURANCE.

    (Oral Health and Hygiene Procedures; Mandated Covered Health Benefit) (HTH, CPH)

    HTH/CPH, WAM
         

    2606

    RELATING TO BREWPUB LICENSES.

    (Brewpub Licenses; Authorization to Sell Off-premises) (ECD, JHW)

    ECD/CPH, JHW
         

    2608

    RELATING TO CRITICAL ACCESS HOSPITALS.

    (Critical Access Hospitals; State's Share of Matching Funds) (HMS/HTH)

    HMS/HTH, WAM
         

    2629

    RELATING TO REAL PROPERTY LEASES.

    (Real Property Leases) (WLA, WAM)

    WLA/CPH, WAM
         

    2639

    RELATING TO SAFE NURSE STAFFING.

    (Nurses; Safe Nurse Staffing) (LBR/HTH)

    LBR/HTH, WAM
         

    2642

    RELATING TO LEASES.

    (Real Estate Appraisals; Lease Rent Renegotiation) (CPH)

    CPH, WAM
         

    2644

    RELATING TO LAND USE.

    (Land Use Law; Advisory Task Force to Review Law) (WLA/TMG)

    WLA/TMG, WAM
         

    2678

    RELATING TO A ONE CALL CENTER.

    (Excavations; utilities; one call center) (CPH)

    CPH/SAT
         
         
  8. Miscellaneous Communications: No(s). 1-3

    9. M.C. NO.

    TITLE

    REFERRAL
         

    1

    From the County of Kauai, Department of Water, dated December 4, 2003, transmitting its proposed CIP projects request for state aid for the 2004 Legislative Session.

    FILE
         

    2

    From the Good Beginnings Alliance dated December 31, 2003, transmitting its 2003 Annual Report and the School Readiness Task Force Report.

    FILE
         

    3

    From the Friends of Foster Kids dated January 2, 2004, transmitting its report on exploring the possibilities of replacing the services of Casey Family Programs as they exit our state, pursuant to S.C.R. No. 93 (2003).

    FILE
         
         
  9. Miscellaneous Business
  10. Announcements
  11. Adjournment