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
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 |
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 |
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) |
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
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) |
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 |
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. |
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 |