THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2004

 

FIFTY-FIFTH DAY

April 27, 2004-Tuesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Chaplain Bonnie Holcombe

Women's Community Correctional Center

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s).: 494-495

    2. G.M. NO.

    TITLE

    REFERRAL
         

    494

    Dated March 23, 2004, transmitting a Report Requesting the Establishment of a Task Force on Graduated Parenting, prepared by the Department of Health, pursuant to S.C.R. No. 12 (2003).

    FILE
         

    495

    Dated April 21, 2004, transmitting the Small Business Regulatory Review Board's Annual Report for Fiscal Year Ending June 30, 2003, prepared by the Department of Business, Economic Development and Tourism, Business Support Division, pursuant to Act 202, HRS 2002, codified as Chapter 201M, HRS.

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: No(s).: 644-676
    4.  

    Informing the Senate that on April 26, 2004, the following Senate Concurrent Resolutions were adopted in the House:

    REFERRAL
         

    644

    S.C.R. No. 5

    "SUBMITTING TO THE LEGISLATURE OF THE STATE OF HAWAII FOR REVIEW OF ACTION TAKEN BY THE BOARD OF LAND AND NATURAL RESOURCES ON LAND EXCHANGES."(Land exchange between State of Hawaii and Parker Ranch and Trust)

    FILE
         

    645

    S.C.R. No. 7

    "AUTHORIZING THE ISSUANCE OF NON-EXCLUSIVE EASEMENT COVERING PORTION OF SUBMERGED LANDS AT SPRECKELSVILLE, WAILUKU, MAUI, HAWAII, FOR MAINTENANCE OF ROCK GROIN PURPOSES."(Submerged Lands at Spreckelsville, Wailuku, Maui; Rock Groin)

    FILE
         

    646

    S.C.R. No. 8

    "AUTHORIZING THE ISSUANCE OF NON-EXCLUSIVE EASEMENT COVERING PORTION OF SUBMERGED LANDS AT KANEOHE, KOOLAUPOKO, OAHU, HAWAII, FOR MAINTENANCE OF BREAKWATER PURPOSES."(Submerged Lands at Kaneohe, Koolaupoko, Oahu, Hawaii; Breakwater)

    FILE
         

    647

    S.C.R. No. 12, S.D. 1

    "SENATE CONCURRENT RESOLUTION SUPPORTING INCREASING THE DEPTH OF BARBERS POINT HARBOR."(Supports increasing the depth of Barbers Point Harbor.)

    FILE
         

    648

    S.C.R. No. 18

    "SUPPORTING THE COURAGEOUS LEADERSHIP OF THE UNIFIED BUDDHIST CHURCH OF VIETNAM AND THE URGENT NEED FOR RELIGIOUS FREEDOM AND RELATED HUMAN RIGHTS IN THE SOCIALIST REPUBLIC OF VIETNAM."(Unified Buddhist Church of Vietnam; Religious Freedom in Socialist Republic of Vietnam)

    FILE
         

    649

    S.C.R. No. 20

    "REQUESTING THE UNIVERSITY OF HAWAII TO UPDATE THE 1994 DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES' MASTER BUILDING PLAN FOR THE COLLEGE OF EDUCATION."(UH College of Education (UH COE); DAGS 1994 UH COE Facilities Master Plan Update)

    FILE
         

    650

    S.C.R. No. 37

    "REQUESTING THE AUDITOR TO ASSESS THE SOCIAL AND FINANCIAL EFFECTS OF REQUIRING HEALTH INSURERS TO OFFER COVERAGE FOR COGNITIVE REHABILITATION."(Mandated Coverage; Cognitive Rehab; Traumatic Brain Injury)

    FILE
         

    651

    S.C.R. No. 81, S.D. 1

    "REQUESTING THE HAWAII STATE COMMISSION ON THE STATUS OF WOMEN TO MAINTAIN AND UTILIZE THE SELF-SUFFICIENCY STANDARD AS A FRAMEWORK TO EVALUATE PROGRAMS AND DEVELOP PUBLIC POLICY."(Standard)

    FILE
         

    652

    S.C.R. No. 106, S.D. 1

    "REQUESTING AN INQUIRY INTO THE DELAYS IN PAYMENT TO DEVELOPMENTAL DISABILITY PROVIDERS."(Health; Human Services)

    FILE
         

    653

    S.C.R. No. 115

    "REQUESTING A MANAGEMENT AND FINANCIAL AUDIT OF THE HAROLD L. LYON ARBORETUM."(Requesting a management and financial audit of the Harold L. Lyon Arboretum; University of Hawaii; Board of Regents.)

    FILE
         

    654

    S.C.R. No. 135, S.D. 1

    "REQUESTING THE CONVENING OF AN AFFORDABLE HOUSING TASK FORCE."(Affordable Housing Task Force)

    FILE
         

    655

    S.C.R. No. 149

    "EXPRESSING SUPPORT FOR HAWAII SUPERFERRY, INC. AND REQUESTING EXPEDITIOUS ADMINISTRATIVE PROCESSING OF NECESSARY PERMITS."(EXPRESSING SUPPORT FOR HAWAII SUPERFERRY, INC.)

    FILE
         

    656

    S.C.R. No. 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)

    FILE
         

    657

    S.C.R. No. 169

    "EXPRESSING THE SUPPORT OF THE LEGISLATURE OF THE STATE OF HAWAII FOR THE DEVELOPMENT OF THE SEAWATER AIR CONDITIONING/ THERMAL ENERGY STORAGE SYSTEM BY HONOLULU SEAWATER AIR CONDITIONING LLC FOR USE ON THE ISLAND OF OAHU."(Honolulu Seawater Air Conditioning and Thermal Energy Source System.)

    FILE
         

    658

    S.C.R. No. 175, S.D. 1

    "REQUESTING THAT THE UNITED STATES SECRETARY OF ENERGY SUPPORT A PARTNERSHIP BETWEEN ICELAND AND HAWAII FOR THE DEVELOPMENT AND DEPLOYMENT OF RENEWABLE HYDROGEN TECHNOLOGIES AS PART OF THE INTERNATIONAL PARTNERSHIP FOR A HYDROGEN ECONOMY.(AMENDED TITLE)"(Renewable hydrogen technologies; Iceland-Hawaii partnership)

    FILE
         

    659

    S.C.R. No. 185, S.D. 1

    "URGING IMMEDIATE DEVELOPMENT AND IMPLEMENTATION OF ALTERNATIVE RULES UNDER THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S SAFE DRINKING WATER ACT'S LEAD AND COPPER RULE.(AMENDED TITLE)"(Upcountry Maui; Lead-Water Reduction)

    FILE
         

    660

    S.C.R. No. 189

    "URGING SUPPORT FOR MALAMA O KAMALI'I MAKAMAE IN ITS EFFORTS TO DEVELOP CARE HOME FACILITIES FOR NEEDY CHILDREN OF HAWAIIAN ANCESTRY."(Malama O Kamali'i Makamae; Care Facilities for Native Hawaiian Children)

    FILE
         

    661

    S.C.R. No. 79, S.D. 1, H.D. 1

    "REQUESTING THE HAWAII STATE COUNCIL ON DEVELOPMENTAL DISABILITIES TO CONVENE A TASK FORCE TO IDENTIFY ISSUES AND SOLUTIONS REGARDING INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES AND THEIR CHOICE OF RESIDENTIAL SETTING."(Developmental Disabilities Task Force)

    AGREE/DISAGREE
         

    662

    S.C.R. No. 101, S.D. 1, H.D. 1

    "REQUESTING THE UNITED STATES CONGRESS TO PROVIDE FOR THE COMPENSATION OF AWARDS, TO THE FULLEST EXTENT, AS DETERMINED BY THE MARSHALL ISLANDS NUCLEAR CLAIMS TRIBUNAL."(WHEREAS, fifty years ago on March 1, 1954, at 6:45 a.m., the United States of America tested the "Bravo" hydrogen bomb on Bikini Atoll in the Republic of the Marshall Islands, resulting in an explosion that is now acknowledged as by far the most destructive nuclear detonation ever; and)

    AGREE/DISAGREE
         

    663

    S.C.R. No. 118, S.D. 1, H.D. 1

    "RELATING TO THE RECOMMENDATIONS OF THE 2004 EXECUTIVE SALARY COMMISSION."(2004 Executive Salary Commission)

    AGREE/DISAGREE
         

    664

    S.C.R. No. 119, S.D. 1, H.D. 1

    "RELATING TO THE RECOMMENDATIONS OF THE 2004 JUDICIAL SALARY COMMISSION."(2004 Judicial Salary Commission)

    AGREE/DISAGREE
         

    665

    S.C.R. No. 127, S.D. 1, H.D. 1

    "REQUESTING THE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT TO DELAY THE IMPLEMENTATION OF THE ELIMINATION OF THE SOCIAL WORKER SERIES."(DRHD; Social Workers Reclassification; Review Panel)

    AGREE/DISAGREE
         

    666

    S.C.R. No. 129, S.D. 1, H.D. 1

    "APPROVING AND AUTHORIZING THE ESTABLISHMENT OF STATE-PROVINCE RELATIONS OF FRIENDSHIP BETWEEN THE STATE OF HAWAII OF THE UNITED STATES OF AMERICA AND THE PROVINCE OF THUA THIEN-HUE OF THE SOCIALIST REPUBLIC OF VIETNAM."(Province of Thua Thien-Hue, Socialist Republic of Vietnam)

    AGREE/DISAGREE
         

    667

    S.C.R. No. 156, S.D. 1, H.D. 1

    "ENCOURAGING THE ESTABLISHMENT OF A COLLEGE OF PHARMACY AT THE UNIVERSITY OF HAWAII AT HILO."(UH Hilo; Pharmacy)

    AGREE/DISAGREE
         

    668

    S.C.R. No. 180, S.D. 1, H.D. 1

    "THE PUBLIC UTILITIES COMMISSION IS REQUESTED TO EXPLORE HOW TO IMPLEMENT THE CONCEPT OF INTRA-GOVERNMENTAL WHEELING TO FACILITATE GOVERNMENT WHEELING OF ELECTRICITY."(The Public Utilities Commission is requested to explore and implement the concept of intra-governmental wheeling to facilitate government wheeling of electricity)

    AGREE/DISAGREE
         

    669

    S.C.R. No. 199, H.D. 1

    "REQUESTING THE HAWAII WORK FORCE DEVELOPMENT COUNCIL, THE UNIVERSITY OF HAWAII, AND VSA ARTS OF HAWAII-PACIFIC TO JOINTLY CONVENE A TASK FORCE TO EXAMINE STRATEGIES FOR SYSTEMS CHANGE THAT WILL CREATE ACCESS TO SMALL BUSINESS DEVELOPMENT AND CAREERS IN CREATIVE INDUSTRIES FOR PEOPLE WITH DISABILITIES IN HAWAII."(Public Assistance; DHS/DLIR Study Incentives to Work)

    AGREE/DISAGREE
         
         
     

    Informing the Senate that on April 26, 2004, the House agreed to the amendments proposed by the Senate and that said bill has passed Final Reading in the House:

    		  
         

    670

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

    "RELATING TO SEXUAL ASSAULT."(Crimes; Sexual Assault of a Minor)

    FILE
         
         
     

    Informing the Senate that on April 26, 2004, the House agreed to the amendments proposed by the Senate and that said bills have passed Final Reading in the House:

    		  
         

    671

    H.B. No. 1560, H.D. 1, S.D. 1

    "RELATING TO DISPOSITION OF VESSELS BY THE DEPARTMENT OF LAND AND NATURAL RESOURCES."(Department of Land and Natural Resources)

    FILE
         
     

    H.B. No. 2048, H.D. 1, S.D. 1

    "RELATING TO NET ENERGY METERING."(Net Energy Metering; Govt. Entity; Increased Capacity)

    		  
         
     

    H.B. No. 2292, H.D. 1, S.D. 1

    "RELATING TO FEES FOR ELECTRONIC FILING, SIGNING, SERVING, CERTIFICATION, AND VERIFICATION OF COURT DOCUMENTS."(Court Documents; Fees; Judiciary Computer System Special Fund)

    		  
         
     

    H.B. No. 2385, H.D. 1, S.D. 1

    "RELATING TO ACCESS TO VITAL STATISTICS RECORDS BY CHILD SUPPORT ENFORCEMENT AGENCIES."(Vital Statistics Records; Child Support Enforcement Agencies)

    		  
         
     

    H.B. No. 2798, H.D. 1, S.D. 2

    "RELATING TO THE PRACTICE OF PHARMACY."(Pharmacy; Scope of Practice; Intranasal Delivery of Vaccines)

    		  
         
     

    H.B. No. 2859, H.D. 2, S.D. 2

    "RELATING TO THE DEVELOPMENT OF AN INTERNATIONAL EQUESTRIAN FACILITY."(International Equestrian Facility)

    		  
         
     

     

     

    		  
     

    Informing the Senate that on April 19, 2004, the following bills have passed Final Reading in the House:

    		  
         

    672

    H.B. No. 1294, S.D. 1, C.D. 1

    "RELATING TO ENVIRONMENTAL IMPACT STATEMENTS."(Environmental Impact Statements; Accepting Agency)

    FILE
         
     

    H.B. No. 2061, H.D. 2, S.D. 1, C.D. 1

    "RELATING TO TRANSIENT ACCOMMODATIONS TAX."(Tourism Special Fund; Aloha Aina Patrol)

    		  
         
         
     

    Informing the Senate that on April 26, 2004, the following bills have passed Final Reading in the House:

    		  
         

    673

    H.B. No. 1793, H.D. 2, S.D. 1, C.D. 1

    "RELATING TO LAND EXCHANGE."(Poamoho; Land Exchange)

    FILE
         
     

    H.B. No. 1840, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO AIR POLLUTION CONTROL."(Air pollution control)

    		  
         
     

    S.B. No. 3135, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST ST. FRANCIS HEALTHCARE SYSTEM OF HAWAII AND ITS AFFILIATES."(Special Purpose Revenue Bonds; St. Francis Healthcare)

    		  
         
     

     

     

     

     

     

    		  
     

    Informing the Senate that on April 26, 2004, the House reconsidered its action in disagreeing to the amendments proposed by the Senate to the following bills:

    		  
         

    674

    H.B. No. 1944, H.D. 1, S.D. 1

    "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST INDUSTRIAL ENTERPRISES."(Worldwide Energy Group; SPRBs; Hawaii Sugar Ethanol Project)

    FILE
         
     

    H.B. No. 2250, H.D. 2, S.D. 2

    "RELATING TO HABITUAL OPERATION OF A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT."(Motor Vehicles; DUI; Habitual Offenders)

    		  
         
     

    H.B. No. 2297, H.D. 1, S.D. 2

    "RELATING TO GUARDIANSHIP AND PROTECTIVE PROCEEDINGS."(Guardianship and Protective Proceedings)

    		  
         
     

    H.B. No. 2740, H.D. 1, S.D. 1

    "RELATING TO NOTIFICATION OF EMPLOYMENT CHANGES."(Dislocated Workers)

    		  
         
         
     

    Informing the Senate that on April 26, 2004, the House reconsidered its action taken in disagreeing to the amendments proposed by the Senate to the following bills:

    		  
         

    675

    H.B. No. 2337, H.D. 1, S.D. 1

    "RELATING TO NAME CHANGES."(Name Changes; Filing Fee)

    FILE
         
     

     

    		  
     

    Informing the Senate that on April 27, 2004, the Speaker has this day appointed Conferee(s) on the part of the House for the consideration of amendments proposed by the House to the following Senate Bill(s):

    		  
         

    676

    S.B. No. 2469, S.D. 2, H.D. 1

    "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR HPOWER PLANT BOILER ADDITION."(SPRB; HPOWER Plant Boiler Addition)

    Representatives Takamine, Chair; Karamatsu, Waters, Meyer.

    FILE
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Conference Committee Report: No(s).: 20-04 - 22-04

    7. 20-04

    (48 Hrs. Notice)

    H.B. No. 1860, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO CHILD ABUSE AND NEGLECT."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    21-04

    (48 Hrs. Notice)

    H.B. No. 1774, H.D. 2, S.D. 2, C.D. 1

    "RELATING TO UNEMPLOYMENT BENEFITS."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    22-04

    (48 Hrs. Notice)

    H.B. No. 2741, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO EXECUTIVE DEPARTMENTS."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       
  7. Standing Committee Report No(s).: 3495-3500

    8. 3495

    (One Day Notice)

    (TSM)

    G.M. No. 163

    "Submitting for consideration and confirmation to the Board of Directors of the Hawai`i Tourism Authority, Gubernatorial Nominee VERNON F.L. CHAR, for a term to expire 06-30-06"

    (Recommends Senate Consent to Nomination)
         
         

    3495

    (One Day Notice)

    (TSM)

    G.M. No. 164

    "Submitting for consideration and confirmation to the Board of Directors of the Hawai`i Tourism Authority, Gubernatorial Nominee JOHN J. TONER, for a term to expire 06-30-06"

    (Recommends Senate Consent to Nomination)
         
         

    3495

    (One Day Notice)

    (TSM)

    G.M. No. 409

    "Submitting for consideration and confirmation to the Board of Directors of the Hawai`i Tourism Authority, Gubernatorial Nominee KYOKO Y. KIMURA, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)
         
         

    3496

    (One Day Notice)

    (TMG)

    G.M. No. 448

    "Submitting for consideration and confirmation to the Civil Defense Advisory Council, Gubernatorial nominee MYRON N. DOBASHI (RET), for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)
         
         

    3497

    (One Day Notice)

    (TMG)

    H.C.R. No. 250

    "REQUESTING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO SUPPORT H.R. 677 EXTENDING VETERANS' BENEFITS TO FILIPINO VETERANS."

    (Recommends Adoption)
         
         

    3498

    (One Day Notice)

    (TMG)

    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 OF THE KINGDOM OF MOROCCO." (AMENDED TITLE)

    (Recommends Adoption)
         
         

    3499

    (One Day Notice)

    (TMG)

    H.C.R. No. 171

    "REQUESTING THE DIRECTOR OF TRANSPORTATION TO STUDY THE ADVISABILITY OF TRANSFERRING THE VANPOOL PROGRAM TO THE COUNTIES."

    (Recommends Adoption)
         
         

    3500

    (One Day Notice)

    (TMG)

    H.C.R. No. 258

    "URGING THE UNITED STATES CONGRESS TO SUPPORT THE PASSAGE OF S. 68, RELATING TO IMPROVING BENEFITS FOR FILIPINO VETERANS OF WORLD WAR II."

    (Recommends Adoption)
         
         
         

    ORDER OF THE DAY
  8. Deferred Matters - Final Reading

    9. S.B. No. 2842, S.D. 1, H.D. 4

    "RELATING TO CHAPTER 846E, HAWAII REVISED STATUTES." - (JHW)

    (Relating to Chapter 846E, HRS)
       
       

    S.B. No. 2843, S.D. 1, H.D. 2

    "PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII." - (JHW)

    (Proposing an Amendment to Article I of the Constitution of the State of Hawaii)
       
       

    S.B. No. 2846, S.D. 1, H.D. 2

    "PROPOSING AMENDMENTS TO ARTICLE I, SECTION 14, OF THE HAWAII CONSTITUTION." - (JHW)

    (Constitutional amendment re privileged confidential communications)
       
       

     

     

     

     

     

  9. Re-Referrals

    10. RE-REFERRALS FOR TUESDAY, APRIL 27, 2004
         

    S.R. NO.

    TITLE

    RE-REFERRAL
         

    40

    REQUESTING THE HAWAII STATE COMMISSION ON THE STATUS OF WOMEN TO ESTABLISH AND UTILIZE THE SELF-SUFFICIENCY STANDARD TO REPLACE THE FEDERAL POVERTY LEVEL STANDARD.

    (Hawaii State Commission on the Status of Women; Self-sufficiency Standard) (HMS/ECD)

    HMS/JHW
         
         
  10. Miscellaneous Communications: None
  11. Miscellaneous Business

    12. Motion for Reconsideration -- Senate Managers Agree to House Amendments;

    One Day Notice for Final Reading

    S.B. No. 2899, S.D. 2, H.D. 1

    HTH, CPH

    RELATING TO NURSES.

     

     

    Reconsideration of Disagreement to House Amendments; One Day Notice for Final Adoption

    S.C.R. No. 9, S.D. 1, H.D. 1

    WLA

    SUBMITTING TO THE LEGISLATURE OF THE STATE OF HAWAII FOR REVIEW OF ACTION TAKEN BY THE BOARD OF LAND AND NATURAL RESOURCES ON LAND EXCHANGES.

     

     

    S.C.R. No. 17, H.D. 1

    HTH

    URGING THE SETTING OF AN EXAMPLE TO OUR CHILDREN AND OUT-OF-STATE VISITORS BY DESIGNATING ALL AREAS OF THE STATE CAPITOL SMOKE-FREE.

     

     

  12. Announcements

    13. Committee Hearing Schedule:

    COMMITTEE

    DATE

    TIME

    ROOM

    EDU / TMG

    Hearing

    Tuesday, 04/27

    1:00PM

    212

    TSM / ENE

    Hearing

    Tuesday, 04/27

    1:15PM

    211

    TSM / ECD

    TSM

    Hearing - G.M.

    Hearing - Info. Brief

    JHW / WLA / TMG

    Hearing

    Tuesday, 04/27

    1:30PM

    016

    ENE / TMG

    Hearing

    Tuesday, 04/27

    3:30PM

    212

    TMG

    Hearing

    Tuesday, 04/27

    4:00PM

    224

    EDU

    Hearing - G.M.

    Wednesday, 04/28

    10:00AM

    212

     

  13. Adjournment