THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2004

 

FORTY-SECOND DAY

April 2, 2004-Friday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Sister Malia Wong

Dominican Sisters of the Most Holy Rosary

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: None
  2. Departmental Communications: None
  3. House Communications: No(s).: 313
    4.  

    Informing the Senate that on April 1, 2004, the following House Concurrent Resolution was Adopted in the House:

    REFERRAL
         

    313

    H.C.R. No. 36, H.D. 1

    "AUTHORIZING AND REQUESTING THE GOVERNOR TO ESTABLISH A SISTER-STATE RELATIONSHIP BETWEEN THE STATE OF HAWAII OF THE UNITED STATES AND THE STATE OF RABAT-SALÉ-ZEMMOUR-ZAËR, KINGDOM OF MOROCCO."

         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Standing Committee Report No(s).: 3100-3105

    7. 3100

    (One Day Notice)

    (ENE)

    G.M. No. 217

    "Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee MICHAEL A. FAYE, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    3100

    (One Day Notice)

    (ENE)

    G.M. No. 218

    "Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee D'ARCY KERRIGAN, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    3100

    (One Day Notice)

    (ENE)

    G.M. No. 219

    "Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee VICTOR T. KIMURA, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    3100

    (One Day Notice)

    (ENE)

    G.M. No. 220

    "Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee CHESTER SAITO, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    3100

    (One Day Notice)

    (ENE)

    G.M. No. 221

    "Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee BRANT T. TANAKA, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    3101

    (One Day Notice)

    (ENE)

    G.M. No. 301

    "Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee MANSFIELD DACAY, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    3101

    (One Day Notice)

    (ENE)

    G.M. No. 303

    "Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee MARSHALL LUM, for a term to expire 06-30-07 "

    (Recommends Senate Consent to Nomination)
         
         

    3101

    (One Day Notice)

    (ENE)

    G.M. No. 304

    "Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee EASSIE M. MILLER, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    3101

    (One Day Notice)

    (ENE)

    G.M. No. 305

    "Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee VICTOR D. MORELAND, for a term to expire 06-30-04"

    (Recommends Senate Consent to Nomination)
         
         

    3101

    (One Day Notice)

    (ENE)

    G.M. No. 306

    "Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee VICTOR D. MORELAND, for a term to expire 06-30-08"

    (Recommends Senate Consent to Nomination)
         
         

    3102

    (One Day Notice)

    (ENE)

    G.M. No. 308

    "Submitting for consideration and confirmation to the Board of Certification of Public Water Systems Operators, Gubernatorial Nominee DANIEL K. MASUNO, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    3103

    (One Day Notice)

    (ENE)

    G.M. No. 378

    "Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee SHAD S. KANE, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)
         
         

    3104

    (48 Hrs. Notice)

    (WAM)

    H.B. No. 2511, S.D. 1

    "RELATING TO INCOME TAX WITHHOLDING."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    3105

    (48 Hrs. Notice)

    (WAM)

    H.B. No. 2397, H.D. 1, S.D. 1

    "MAKING AN EMERGENCY APPROPRIATION FOR THE HAWAII STATE DISASTER REVOLVING LOAN FUND."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         
         

    ORDER OF THE DAY

  7. Advise and Consent

    8. 3096

    TMG

    G.M. No. 244

    "Submitting for consideration and confirmation to the State Highway Safety Council, Gubernatorial Nominee SIDNEY M. ROSEN, for a term to expire 06-30-07"
         
         

    3097

    TMG

    G.M. No. 245

    "Submitting for consideration and confirmation to the State Highway Safety Council, Gubernatorial Nominee MARIE H. WEITE, for a term to expire 06-30-07"
         
         
         
  8. Third Reading

    9. (See Stand. Com. Rep. No. 3085)

    H.B. No. 1800, H.D. 1, S.D. 1

    "RELATING TO THE STATE BUDGET." - (WAM)

    (State Budget)
       
       

    (See Stand. Com. Rep. No. 3088)

    H.B. No. 2002, H.D. 2, S.D. 1

    "RELATING TO EDUCATION." - (EDU/WAM)

    (Education Reform; Weighted Student Formula; School Community Councils)
       
       

    (See Stand. Com. Rep. No. 3091)

    H.B. No. 2003, H.D. 1, S.D. 1

    "RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES." - (JHW/HTH)

    (Relating To Substance Abuse; Substance Abuse Omnibus Bill)
       
       

    (See Stand. Com. Rep. No. 3092)

    H.B. No. 2004, H.D. 1, S.D. 1

    "RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES." - (WAM)

    (Crime Reduction; Crystal Meth Treatment; Task Force Measures)
       
       

    (See Stand. Com. Rep. No. 3077)

    H.B. No. 2196, H.D. 1, S.D. 1

    "RELATING TO CRIMINAL TRESPASS." - (JHW)

    (Criminal Trespass)
       
       

    (See Stand. Com. Rep. No. 3078)

    H.B. No. 2375, H.D. 1, S.D. 1

    "RELATING TO SOLID WASTE CONTROL." - (JHW)

    (Solid Waste Control)
       
       

    (See Stand. Com. Rep. No. 3079)

    H.B. No. 2378

    "RELATING TO THE SOVEREIGN IMMUNITY OF BOARDS AND COMMISSIONS." - (JHW)

    (SOVEREIGN IMMUNITY OF BOARDS AND COMMISSIONS)
       
       

    (See Stand. Com. Rep. No. 3080)

    H.B. No. 2379, H.D. 1, S.D. 1

    "RELATING TO TESTIMONY." - (JHW)

    (Testimony)
       
       

    (See Stand. Com. Rep. No. 3081)

    H.B. No. 2380, H.D. 1, S.D. 1

    "RELATING TO APPELLATE JURISDICTION." - (JHW)

    (Appellate Jurisdiction)
       
       

    (See Stand. Com. Rep. No. 3082)

    H.B. No. 2685

    "RELATING TO BAIL JUMPING." - (JHW)

    (Bail Jumping)
       
       

    (See Stand. Com. Rep. No. 3083)

    H.B. No. 2689

    "RELATING TO STALKING." - (JHW)

    (Crimes; Family and Circuit Court; Jurisdiction)
       
       

    (See Stand. Com. Rep. No. 3084)

    H.B. No. 2300, H.D. 1, S.D. 1

    "RELATING TO THE JUDICIARY." - (JHW/WAM)

    (Judiciary Supplemental Budget)
       
       

    Stand. Com. Rep. No. 3086

    H.B. No. 2796, H.D. 1, S.D. 2

    "RELATING TO STATE FUNDS." - (WAM)

    (Approp.; Health/Human Svs.; Emergency and Budget Reserve Fund)
       
       

    (See Stand. Com. Rep. No. 3087)

    H.B. No. 2743, H.D. 2, S.D. 1

    "RELATING TO NON-GENERAL FUNDS." - (WAM)

    (Special Funds; Revolving Funds; Transfer of Funds)
       
       

    (See Stand. Com. Rep. No. 3089)

    H.B. No. 1824, S.D. 1

    "RELATING TO ELECTRICIANS AND PLUMBERS." - (CPH)

    (Plumber Licensing; Continuing Education; Triennial Renewal)
       
       

    (See Stand. Com. Rep. No. 3090)

    H.B. No. 2411, H.D. 1, S.D. 1

    "RELATING TO INSURANCE." - (CPH)

    (Insurance; Housekeeping; Self-Employed Medical Coverage)
       
       

    (See Stand. Com. Rep. No. 3093)

    H.B. No. 2683, S.D. 1

    "RELATING TO DEFERRED ACCEPTANCE OF GUILTY PLEA AND DEFERRED ACCEPTANCE OF NOLO CONTENDERE PLEA." - (JHW)

    (Deferred Acceptance of Guilty Plea and Nolo Contendere Plea)
       
       

    (See Stand. Com. Rep. No. 3094)

    H.B. No. 2789, H.D. 1, S.D. 1

    "RELATING TO SEXUAL ASSAULT." - (JHW)

    (Crimes; Sexual Assault of a Minor)
       
       

    (See Stand. Com. Rep. No. 3095)

    H.B. No. 1103, H.D. 2, S.D. 1

    "RELATING TO PROCUREMENT." - (TMG/ECD)

    (Public Works; Wages and Hours)
       
       
       
  9. Re-Referrals

    10. RE-REFERRALS FOR FRIDAY, APRIL 2, 2004
         

    H.B. NO.

    TITLE

    RE-REFERRAL
         

    2005, H.D. 1

    RELATING TO PRESCRIPTION DRUGS.

    (Rx Plus) (CPH/HTH, WAM)

    CPH/HTH
         

    S.C.R. NO.

    TITLE

    RE-REFERRAL
         

    150

    CONCERNING THE RIGHTS OF UNITED STATES CITIZENS IN FOREIGN COUNTRIES.

    (U.S. Citizens' rights in foreign countries.) (JHW)

    JHW/TMG
         

    151

    CALLING ON THE PEOPLE'S REPUBLIC OF CHINA IMMEDIATELY AND UNCONDITIONALLY TO RELEASE REBIYA KADEER AND URGING PRESIDENT BUSH TO TAKE URGENT STEPS TO SECURE THE RELEASE OF REBIYA KADEER AS SOON AS POSSIBLE.

    (Rebiya Kadeer; Release from Prison in People's Republic of China) (JHW)

    JHW/TMG
         

    164

    REQUESTING THE DEPARTMENT OF EDUCATION TO ESTABLISH A STUDENT EXCHANGE PROGRAM TO INVOLVE STUDENTS IN THE PUBLIC SCHOOLS IN HAWAII AND STUDENTS IN THE PROVINCES IN THE REPUBLIC OF THE PHILIPPINES WITH WHICH THE STATE HAS STATE-PROVINCE RELATIONSHIPS.

    (Student Exchange Programs for Hawaii/Philippine Sister-States) (EDU)

    EDU/TMG
         

    177

    URGING THE PRESIDENT OF THE UNITED STATES AND MEMBERS OF CONGRESS TO SUPPORT A BAN ON RESEARCH, DEVELOPMENT, AND TESTING OF NUCLEAR WEAPONS.

    (Nuclear Weapons Test Ban) (ENE, SAT)

    ENE/TMG, SAT
         
         

    S.R. NO.

    TITLE

    RE-REFERRAL
         

    43

    REQUESTING THE DEPARTMENT OF EDUCATION TO WORK IN CONJUNCTION WITH THE YOUTH OF THE FIRST REPRESENTATIVE DISTRICT AND COMMUNITY AGENCIES IN THE AREA TO DEVELOP COMMUNITY-BASED YOUTH PROGRAMS.

    (Community based youth programs.) (EDU/WLA/TMG)

    EDU/TMG
         
         

    84

    REQUESTING THE DEPARTMENT OF EDUCATION TO ESTABLISH A STUDENT EXCHANGE PROGRAM TO INVOLVE STUDENTS IN THE PUBLIC SCHOOLS IN HAWAII AND STUDENTS IN THE PROVINCES IN THE REPUBLIC OF THE PHILIPPINES WITH WHICH THE STATE HAS STATE-PROVINCE RELATIONSHIPS.

    (Student Exchange Programs for Hawaii/Philippine Sister-States) (EDU)

    EDU/TMG
         

     

    		    
  10. Miscellaneous Communications: None
  11. Miscellaneous Business
  12. Announcements

    13. Committee Hearing Schedule:

    COMMITTEE

    DATE

    TIME

    ROOM

    JHW

    Hearing

    Friday, 04/02

    1:00PM

    229

    WLA

    Hearing

    Friday, 04/02

    1:15PM

    224

    LBR / EDU

    Hearing

    Friday, 04/02

    2:00PM

    225

    HTH

    Hearing - Info. Brief

    Friday, 04/02

    2:00PM

    016

    JHW / HMS / TMG

    Hearing

    Friday, 04/02

    3:00PM

    229

    JHW

    Decision Making

    EDU / JHW

    Hearing

    Friday, 04/02

    3:30PM

    212

     

    CPH / JHW

    Decision Making

    Monday, 04/05

    9:00AM

    016

    CPH / TMG

    Hearing

    Monday, 04/05

    9:00AM

    016

    CPH / HTH

    CPH

    CPH

    Decision Making

    Monday, 04/05

    9:00AM

    016

    WAM

    Decision Making

    Monday, 04/05

    9:00AM

    211

     

  13. Adjournment