THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2005

 

THIRTEENTH DAY

February 8, 2005-Tuesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Senator Lorraine R. Inouye

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 322-342
  2. G.M. NO.

    TITLE

    REFERRAL

         

    322

    Dated January 31, 2005, transmitting the Small Business Regulatory Review Board Annual Report, prepared by the Department of Business, Economic Development, and Tourism, Business Assistance Branch, pursuant to Chapter 201M, HRS.

    FILE

         

    323

    Dated January 31, 2005, transmitting the Small Business Regulatory Review Board Final Review of Agency Submitted Administrative Rules, prepared by the Department of Business, Economic Development and Tourism pursuant to Section 201M-7, HRS.

    FILE

         

    324

    Dated February 2, 2005, transmitting the Annual Report Regarding School-Level Minor Repair and Maintenance, prepared by the Department of Education pursuant to Section 302A-1504, HRS.

    FILE

         

    325

    Dated February 2, 2005, transmitting a Report on Carryover of Funds, prepared by the Department of Education pursuant to Section 37-41.5, HRS

    FILE

         

    326

    Dated February 2, 2005, transmitting a Report on the Philippine Student Exchange Program, prepared by the Department of Education pursuant to S.C.R. No. 164 (2004).

    FILE

         

    327

    Dated February 2, 2005, transmitting a Report on the Federal Grant Search, Development, and Application Revolving Fund, prepared by the Department of Education pursuant to Section 302A-1405, HRS.

    FILE

         

    328

    Dated February 2, 2005, transmitting a Report on the Two-Tier Junior Kindergarten and Kindergarten Program, prepared by the Department of Education pursuant to Act 219, SLH 2004.

    FILE

         

    329

    Dated February 2, 2005, transmitting a Report on Hawaii 3R's School Repair and Maintenance Fund, prepared by the Department of Education pursuant to Acts 213, 41 and 51, SHL 2004.

    FILE

         

    330

    Dated February 2, 2005, transmitting a Report on Robotics Education in Hawaii, prepared by the Department of Education pursuant to S.C.R. No. 131 (2004).

    FILE

         

    331

    Dated February 2, 2005, transmitting the Annual Report of the Activities of the Board of Certification of Operating Personnel in Wastewater Treatment Facilities, prepared by the Department of Health pursuant to Section 340B-12, HRS.

    FILE

         

    332

    Dated February 2, 2005, transmitting the Annual Evaluation Report on Elder Programs, prepared by the Department of Health, Executive Office on Aging, pursuant to Section 349-5, HRS.

    FILE

         

    333

    Dated February 2, 2005, transmitting the Annual Report on the Activities Under the Neurotrauma Special Fund, prepared by the Department of Health pursuant to Section 321H-4, HRS.

    FILE

         

    334

    Dated February 2, 2005, transmitting the Annual Financial Report for the Domestic Violence Prevention Special Fund, prepared by the Department of Health, pursuant to Section 321-1.3, HRS.

    FILE

         

    335

    Dated February 2, 2005, transmitting a Report on Hawaii's Family Caregivers and the Older Adults to Whom They Provide Assistance, prepared by the Department of Health, pursuant to H.C.R. No. 154 (2004).

    FILE

         

    336

    Dated February 2, 2005, transmitting reports on the Environmental Response Law and Hawaii Community Right to Know Act Financial and Environmental Site Information; and the Revenues and Expenditures of the Environmental Response Revolving Fund for Fiscal Year 2004, prepared by the Department of Health pursuant to Chapters 128D and 128E, HRS; and Act 200, Section 18, SLH 2003.

    FILE

         

    337

    Dated January 27, 2005, transmitting a Report Relating to the State Water Pollution Control Revolving Fund of the Department of Health, prepared by the Department of Health pursuant to Section 342D-82.

    FILE

         

    338

    Dated January 31, 2005, transmitting the Annual Report Relating to the Forest Stewardship Program, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Section 195F-6, HRS.

    FILE

         

    339

    Dated January 28, 2005, transmitting the Department of Transportation's Annual Report for Fiscal Year ending June 30, 2003.

    FILE

         

    340

    Dated January 28, 2005, transmitting four reports prepared by the Department of Transportation: Relating to Government Operations, pursuant to Act 100, Section 7, SLH 1999; Requesting the Director of Transportation to Study the Advisability of Transferring the Vanpool Program to the Counties, pursuant to H.C.R. No. 171 (2004); Requesting the Department of Transportation to Study the Feasibility of, and Provide Cost Estimates for, the Installation of an Access Road on the Southern End of Kawaihae Harbor to Increase Access to the Small Boat Harbor and Beach Area, and for Other Harbor Improvements, pursuant to H.C.R. No. 179 (2004); and Special Maintenance Reports, pursuant to Act 200, SLH 2003 as amended by Act 41, SLH 2004.

    FILE

         

    341

    Dated January 31, 2005, transmitting the Annual Report Relating to Invasive Species, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Act 41, SLH 2004.

    FILE

         

    342

    Informing the Senate that on February 7, 2005, the Governor signed the following bill into law: SB543 (Act 1)

    FILE

         
         
  3. Departmental Communications: None
  4. House Communications: No(s). 5-7
  5.  

    Informing the Senate that on February 7, 2005, the following bills passed Third Reading in the House:

    REFERRAL

         

    5

    H.B. No. 161, H.D. 1

    "RELATING TO SECURITIES."(Securities)

         

    6

    H.B. No. 214, H.D. 1

    "RELATING TO INSURANCE RATE REGULATION."(Lowered Insurance Rates; Use and File)

         

    7

    H.B. No. 644, H.D. 1

    "RELATING TO POOLED INSURANCE."(Pooled Insurance; Construction Projects)

         
         
  6. Senate Communications: None
  7. Judiciary Communications: None
  8. Introduction of Measures
  9. Standing Committee Reports: No(s). 5-6
  10. 5

    (MAT)

    S.B. No. 332, S.D. 1

    "RELATING TO TECHNOLOGY."

    (Recommends passage on SECOND READING and recommittal to MAT)

         
         

    6

    (HTH/JHW)

    S.B. No. 128

    "RELATING TO CONTROLLED SUBSTANCES."

    (Recommends passage on SECOND READING and referral to WAM)

         
         
         

     

     

     

     

     

     

     

    ORDER OF THE DAY

  11. Re-Referrals
  12. RE-REFERRALS FOR TUESDAY, FEBRUARY 8, 2005

         

    S.B. NO.

    TITLE

    RE-REFERRAL

         

    332, S.D. 1

    RELATING TO TECHNOLOGY.

    (Short Form; Technology) (MAT)

    MAT/TGO, WAM

         

    522

    RELATING TO DRUG REHABILITATION HOMES.

    (Drug Rehabilitation Homes; Permitted Use; Zoning) (IGA, JHW)

    WLA/IGA, JHW

         

    531

    RELATING TO THE COUNTIES.

    (Counties; Neighborhood Board Approval; After School Programs) (IGA, JHW)

    IGA/WLA, JHW

         

    665

    MAKING AN EMERGENCY APPROPRIATION FOR WIRELESS ENHANCED 911.

    (Emergency Appropriation for Wireless Enhanced 911) (MAT, WAM)

    CPH, WAM

         

    710

    RELATING TO THE SMALL BUSINESS BILL OF RIGHTS.

    (Small Business Bill of Rights) (BED)(BED, CPH)(BED, WAM)

    BED/CPH, WAM

         

    803

    RELATING TO CRIMINAL HISTORY RECORD CHECKS FOR SERVICE PROVIDERS OF THE OFFICE OF YOUTH SERVICES.

    (Criminal history record checks ) (HMS, JHW)

    HMS/JHW, WAM

         

    966

    RELATING TO PARKS.

    (State Parks; Transfer to Counties; Feasibility Study) (BED/WLA/IGA)

    BED/WLA/IGA, WAM

         

    1031

    RELATING TO PUBLIC SAFETY.

    (Children of Incarcerated Parents; Task Force; Support) (HMS, JHW)

    HMS/JHW, WAM

         

    1374

    RELATING TO ECONOMIC DEVELOPMENT.

    (China/Hawaii Economic Strategic Plan 2020) (BED/EIA)(BED/EIA, WAM)

    BED/EIA/MAT, WAM

         

    1440

    RELATING TO PRESCRIPTION DRUGS.

    (Prescription Drug Cost Containment) (HTH/HMS, CPH)

    HTH/HMS/CPH, WAM

         

    1587

    MAKING APPROPRIATIONS FOR AGRICULTURAL INFRASTRUCTURE.

    (Agricultural Infrastructure Appropriations) (IGA/WLA, WAM)

    WLA/IGA, WAM

         

    1713

    RELATING TO KALAUPAPA.

    (Kalaupapa; Residents) (HMS/HTH, WAM)

    HTH/HMS, WAM

         

    1751

    RELATING TO TAXATION.

    (General Excise Tax ) (WAM)

    CPH, WAM

         

    1817

    RELATING TO THE DEPARTMENT OF EDUCATION.

    (Department of Education; Criminal History Record Check) (EDM, JHW)

    EDM/JHW, WAM

         
         
  13. Miscellaneous Communications: No(s). 9
  14. M.C. NO.

    TITLE

    REFERRAL

         

    9

    From Honolulu Seawater Air Conditioning, LLC, dated February 2, 2005, transmitting the Feasibility Analysis of Using Seawater Air Conditioning in State of Hawaii Buildings, pursuant to S.C.R. No. 169 (2004).

    FILE

         
         
  15. Miscellaneous Business
  16. Announcements
  17. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    HRE

    2/8/2005 1:15 PM

    212

    HRE/LBR

    2/8/2005 1:15 PM

    212

    JHW/EIA

    2/8/2005 1:15 PM

    224

    MAT/TSM

    2/8/2005 1:15 PM

    229

    TGO/HRE

    2/8/2005 1:15 PM

    212

    TSM

    2/8/2005 1:15 PM

    229

    EIA

    2/8/2005 1:20 PM

    224

    MAT/BED

    2/8/2005 1:30 PM

    225

    HMS/IGA

    2/8/2005 2:30 PM

    016

    HMS

    2/8/2005 2:45 PM

    016

    IGA/JHW/WLA/TGO

    2/8/2005 2:45 PM

    225

    CPH

    2/9/2005 9:00 AM

    016

    JHW

    2/9/2005 9:00 AM

    229

    CPH/MAT

    2/9/2005 10:30 AM

    016

    EDM

    2/9/2005 1:15 PM

    225

    EDM/HRE/HMS

    2/9/2005 1:15 PM

    225

    TGO

    2/9/2005 1:15 PM

    224

    TGO

    2/9/2005 1:30 PM

    224

    BED

    2/9/2005 2:45 PM

    224

    HTH

    2/9/2005 2:45 PM

    016

    HTH/HMS

    2/9/2005 2:45 PM

    016

    LBR

    2/9/2005 2:45 PM

    229

    WLA

    2/9/2005 2:45 PM

    212

    JHW

    2/10/2005 9:00 AM

    229

    CPH/HTH

    2/10/2005 9:30 AM

    016

    EIA/WLA

    2/10/2005 1:15 PM

    224

    HRE/JHW

    2/10/2005 1:15 PM

    212

    MAT/BED

    2/10/2005 1:15 PM

    225

    HMS

    2/10/2005 2:30 PM

    016

    IGA

    2/10/2005 3:00 PM

    225

    EIA/WLA/MAT

    2/10/2005 3:30 PM

    224

    JHW/JUD

    2/11/2005 7:00 AM

    Aupuni Center Conference Rm., Hilo

    CPH/EIA/IGA

    2/11/2005 9:00 AM

    016

    JHW

    2/11/2005 9:00 AM

    229

    WAM

    2/11/2005 9:00 AM

    211

    WLA

    2/11/2005 1:00 PM

    212

    EDM/HTH

    2/11/2005 1:15 PM

    225

    HTH/MAT

    2/11/2005 2:45 PM

    016

    LBR/TGO

    2/11/2005 3:00 PM

    229

    HTH

    2/12/2005 9:00 AM

    Maui Comm. College, Paina Building,

    Main Dining Room

    JHW/JUD

    2/12/2005 10:00 AM

    Pahala Community Center

    JHW/JUD

    2/12/2005 4:00 PM

    Kealakehe High School Library, Kailua-Kona

    EDM

    2/14/2005 1:15 PM

    225

    EDM/LBR

    2/14/2005 1:15 PM

    225

    HTH

    2/14/2005 2:45 PM

    016

    HMS/HTH

    2/14/2005 6:30 PM

    016

    WAM

    2/15/2005 9:00 AM

    211

    HRE/TGO/EDM

    2/15/2005 1:15 PM

    212

    TSM/IGA/BED

    2/15/2005 1:15 PM

    229

    HMS

    2/15/2005 2:45 PM

    016

    HTH

    2/16/2005 2:45 PM

    016

    HRE

    2/24/2005 1:15 PM

    212

    JHW

    3/14/2005 9:00 AM

    229

    JHW

    3/15/2005 9:00 AM

    229

  18. Adjournment