HOUSE OF REPRESENTATIVES

STATE OF HAWAII

TWENTY-THIRD STATE LEGISLATURE

REGULAR SESSION, 2006

 

April 24, 2006

 

54th Day

 

ORDER OF BUSINESS

 

Invocation - Representative Jon Riki Karamatsu

 

Roll Call

Reading of the Journal

Messages from the Governor

Received message numbers 266 to 268 informing the House that the following Senate Bill and House Bills were signed into law on April 21, 2006:

S.B. No. 2224 Act 010 H.B. No. 2057, H.D. 2 Act 012

H.B. No. 3250, H.D. 1 Act 011

 

Senate Communications

See Addendum

ORDER OF THE DAY

 

Unfinished Business

 

Conf. Comm. Rep. No. 4-06

S.B. No. 2609, S.D. 1, H.D. 1, C.D. 1

RELATING TO WRIT OF CERTIORARI.

(Writ of Certiorari; Filing Requirements)

AS AMENDED, PASS FINAL READING

HUMAN SERVICES/HEALTH

 

S.C.R. No. 77, S.D. 2, H.D. 1

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT TWO STUDIES OF RECOMMENDED PROCEDURES THAT WILL ENSURE THAT STATE-FUNDED HEALTH CARE PAYMENTS ADEQUATELY REIMBURSE PROVIDERS WHO PROVIDE SERVICES FOR, FIRST, MEDICAID OR QUEST RECIPIENTS AND, SECOND, FOR INJURED EMPLOYEES UNDER WORKERS COMPENSATION INSURANCE.

AS AMENDED, FOR ADOPTION

HEALTH

 
 

S.C.R. No. 117, S.D. 1, H.D. 1

REQUESTING THE GOVERNOR TO CONVENE A TASK FORCE TO EVALUATE AND RECOMMEND POSSIBLE PROCEDURAL, STATUTORY, AND PUBLIC POLICY CHANGES TO MINIMIZE THE CENSUS AT HAWAII STATE HOSPITAL AND PROMOTE COMMUNITY-BASED HEALTH SERVICES FOR FORENSIC PATIENTS.

AS AMENDED, FOR ADOPTION

   

Reports of Standing Committees

Energy & Environmental Protection/Agriculture

Stand. Comm. Rep. No. 1827-06

S.C.R. No. 36

REQUESTING THE UNITED STATES CONGRESS TO APPROVE THE PROPOSED HAWAII INVASIVE SPECIES ACT.

FOR ADOPTION

Consumer Protection & Commerce

Stand. Comm. Rep. No. 1828-06

S.C.R. No. 55

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY ON THE ISSUE OF RECLASSIFYING VARIABLE ANNUITY CONTRACTS AS INSURANCE RATHER THAN SECURITIES.

FOR ADOPTION

 

Stand. Comm. Rep. No. 1829-06

S.C.R. No. 82, S.D. 1

URGING CONGRESS AND THE FEDERAL COMMUNICATIONS COMMISSION TO ADDRESS PUBLIC INTERESTS AND COMMUNITY NEEDS FOR LOCAL MEDIA, INCLUDING NEWS, ACCESS, AND OWNERSHIP.

FOR ADOPTION

 

Stand. Comm. Rep. No. 1830-06

S.C.R. No. 150

REQUESTING THE INSURANCE COMMISSIONER TO CONVENE A TASK FORCE TO STUDY THE PHYSICIAN ON-CALL CRISIS.

FOR ADOPTION

Consumer Protection & Commerce/Health

Stand. Comm. Rep. No. 1831-06

S.C.R. No. 113, S.D. 1

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY THE ISSUE OF AUTHORIZING PSYCHOLOGISTS WHO HAVE OBTAINED THE APPROPRIATE EDUCATION, TRAINING, AND EXPERIENCE TO PRESCRIBE A LIMITED FORMULARY OF PSYCHOTROPIC MEDICATIONS FOR THE TREATMENT OF MENTAL ILLNESS WHILE PRACTICING IN FEDERALLY QUALIFIED HEALTH CENTERS OR LICENSED HEALTH CLINICS LOCATE IN FEDERALLY DESIGNATED MEDICALLY UNDERSERVED AREAS OR IN MENTAL HEALTH PROFESSIONAL SHORTAGE AREAS.

FOR ADOPTION

Higher Education

Stand. Comm. Rep. No. 1832-06

S.C.R. No. 157, S.D. 1

REQUESTING THE UNIVERSITY OF HAWAII BOARD OF REGENTS TO NAME THE KOMOHANA RESEARCH AND EXTENSION CENTER'S ADMINISTRATIVE OFFICE WING IN HONOR OF DR. TADASHI HIGAKI.

FOR ADOPTION

Health

Stand. Comm. Rep. No. 1833-06

S.C.R. No. 1

RECOGNIZING JANUARY AS CERVICAL CANCER MONTH IN HAWAI`I.

FOR ADOPTION

Health/Human Services

Stand. Comm. Rep. No. 1834-06

S.C.R. No. 115, S.D. 1

REQUESTING THE EXECUTIVE OFFICE ON AGING TO CONVENE A FOCUS GROUP WITH OTHER STAKEHOLDERS TO ASSESS YEARLY SERVICE DELIVERY NEEDS AND LONG-TERM STRATEGIC PLANNING FOR KUPUNA CARE.

FOR ADOPTION

Human Services/Health

Stand. Comm. Rep. No. 1835-06

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

URGING THE DEPARTMENT OF HUMAN SERVICES TO ADDRESS THE IMPACT OF POSITIVE ENROLLMENT IN THE RECENTLY ISSUED QUEST REQUEST FOR PROPOSAL.

AS AMENDED, FOR ADOPTION

Energy & Environmental Protection

Stand. Comm. Rep. No. 1836-06

S.C.R. No. 86, S.D. 1, H.D. 1

URGING THE HAWAII 2050 TASK FORCE TO USE A SCIENCE-BASED FRAMEWORK AS THE GUIDE TO MAPPING AND MEASURING THE SUCCESSES IN REALIZING THE GOALS OF THE SUSTAINABILITY PLAN.

AS AMENDED, FOR ADOPTION

Labor & Public Employment

Stand. Comm. Rep. No. 1837-06

S.C.R. No. 49, S.D. 1

REQUESTING THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS TO CONDUCT A STUDY OF THE STATE FIRE COUNCIL.

FOR ADOPTION

Labor & Public Employment

Stand. Comm. Rep. No. 1838-06

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

URGING HAWAII EMPLOYERS TO DEVELOP AND IMPLEMENT STANDARDS OF CONDUCT AND POLICIES FOR MANAGERS AND EMPLOYEES TO REDUCE WORKPLACE BULLYING AND PROMOTE HEALTHFUL AND SAFE WORK ENVIRONMENTS.

FOR ADOPTION

Agriculture/Energy & Environmental Protection

Stand. Comm. Rep. No. 1839-06

S.C.R. No. 14, S.D. 1

REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO SEEK FEDERAL FUNDING TO BE USED FOR PROGRAMS AND MEASURES INTENDED TO PREVENT AND FIGHT AGAINST INVASIVE SPECIES IN HAWAII.

FOR ADOPTION

 

Stand. Comm. Rep. No. 1840-06

S.C.R. No. 159, S.D. 1, H.D. 1

REQUESTING THE DEPARTMENT OF AGRICULTURE TO ESTABLISH AN AGRICULTURAL PESTICIDE DISPOSAL ASSISTANCE PROGRAM.

AS AMENDED, FOR ADOPTION

Consumer Protection & Commerce

Stand. Comm. Rep. No. 1841-06

S.C.R. No. 31, S.D. 1

REQUESTING THE AUDITOR TO CONDUCT AN ANALYSIS OF PROPOSED REGULATORY MEASURES REQUIRING PROFESSIONAL LICENSURE OF GENETIC COUNSELORS.

FOR ADOPTION

Public Safety & Military Affairs/Energy & Environmental Protection

Stand. Comm. Rep. No. 1842-06

S.C.R. No. 170

REQUESTING THAT THE UNITED STATES HOUSE OF REPRESENTATIVES SUPPORT AND PASS H.R. 4259, THE VETERANS' RIGHT TO KNOW ACT, WHICH CREATES A COMMISSION TO BRING RELIEF TO VETERANS INVOLVED IN PROJECT 112 AND THE SHIPBOARD HAZARD AND DEFENSE PROJECT AND OTHER INCIDENTS OF CHEMICAL OR BIOLOGICAL TESTING.

FOR ADOPTION

Public Safety & Military Affairs

Stand. Comm. Rep. No. 1843-06

S.C.R. No. 147

URGING THE CONGRESS OF THE UNITED STATES TO AUTHORIZE AND APPROPRIATE FUNDS TO ALLOW ALL MEMBERS OF THE ARMED FORCES RESERVE COMPONENT TO ACCESS THE TRICARE PROGRAM.

FOR ADOPTION

 

Stand. Comm. Rep. No. 1844-06

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

REQUESTING THAT THE DEPARTMENT OF DEFENSE PRESENT A HOMELAND SECURITY PLAN TO THE LEGISLATURE.

AS AMENDED, FOR ADOPTION

Legislative Management

Stand. Comm. Rep. No. 1845-06

S.C.R. No. 32, S.D. 1, H.D. 1

REQUESTING THE STATE ETHICS COMMISSION TO REVIEW POSSIBLE ETHICS VIOLATIONS COMMITTED BY THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM.

AS AMENDED, FOR ADOPTION

Water, Land, & Ocean Resources

Stand. Comm. Rep. No. 1846-06

S.C.R. No. 130, S.D. 1

REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO RECOMMEND SOLUTIONS TO ABATE AND PREVENT THE ACCUMULATION OF SEDIMENT AT WAILOA SMALL BOAT HARBOR AND ALONG HILO BAYFRONT.

FOR ADOPTION

 

Stand. Comm. Rep. No. 1847-06

S.C.R. No. 137

URGING THE ASSOCIATION OF HAWAIIAN CIVIC CLUBS AND THE STATE OF HAWAI`I TO AFFIRM AND SUPPORT THE HISTORIC, CULTURAL, AND SACRED SIGNIFICANCE OF MAUNA`ALA-THE ROYAL MAUSOLEUM.

FOR ADOPTION

Water, Land, & Ocean Resources

Stand. Comm. Rep. No. 1848-06

S.C.R. No. 148

URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO WORK WITH THE SAMUEL MILLS DAMON ESTATE TRUSTEES, MOANALUA GARDENS FOUNDATION, THE TRUST FOR PUBLIC LANDS, THE NATURE CONSERVANCY, AND OFFICE OF HAWAIIAN AFFAIRS TO PURCHASE THE MOANALUA GARDENS.

FOR ADOPTION

 

Stand. Comm. Rep. No. 1849-06

S.C.R. No. 98, S.D. 1, H.D. 1

URGING THE CITY AND COUNTY OF HONOLULU TO PROCEED WITH CAUTION IN REVIEWING DEVELOPMENTS ON STEEP HILLSIDES WITH POTENTIAL ROCKFALL HAZARDS.

AS AMENDED, FOR ADOPTION

Water, Land, & Ocean Resources/Economic Development & Business Concerns

Stand. Comm. Rep. No. 1850-06

S.C.R. No. 196, S.D. 1, H.D. 1

CALLING FOR THE RIGOROUS REEXAMINATION OF THE DEVELOPMENT EXPANSION PLAN AT TURTLE BAY RESORT DUE TO THE PASSAGE OF TIME AND CHANGED CONDITIONS OF THE NORTH SHORE AND THE ISLAND OF OAHU.

AS AMENDED, FOR ADOPTION

Water, Land, & Ocean Resources/Housing

Stand. Comm. Rep. No. 1851-06

S.C.R. No. 195

REQUESTING THE HONOLULU BOARD OF WATER SUPPLY OF THE CITY AND COUNTY OF HONOLULU TO WORK WITH THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII ON THE REPLACEMENT OF THE WAIAHOLE VALLEY WATER SYSTEM AND FOR THE BOARD OF WATER SUPPLY TO ACCEPT DEDICATION OF THE UPGRADED WATER SYSTEM.

FOR ADOPTION

Water, Land, & Ocean Resources/Transportation

Stand. Comm. Rep. No. 1852-06

S.C.R. No. 23, S.D. 1

REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO DEDICATE BERTHING AREAS IN EACH COUNTY WHERE NON-PROFIT ORGANIZATIONS CAN MOOR THEIR VOYAGING CANOES.

FOR ADOPTION

Finance

Stand. Comm. Rep. No. 1853-06

S.C.R. No. 13

REQUESTING THE GOVERNOR TO CONVENE A WORK-FAMILY TASK FORCE TO REVIEW HAWAII'S WORK-FAMILY LAWS AND POLICIES, AND REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY OTHER STATES' LAWS AND PRACTICES THAT PROMOTE GOOD WORK-FAMILY POLICY.

FOR ADOPTION

FINANCE

Stand. Comm. Rep. No. 1854-06

S.C.R. No. 37, S.D. 1

REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF MIXED MARTIAL ARTS.

FOR ADOPTION

 

Stand. Comm. Rep. No. 1855-06

S.C.R. No. 97, S.D. 1

REQUESTING THE AUDITOR TO CONDUCT A MANAGEMENT AUDIT OF STUDENT HOUSING SERVICES AT THE UNIVERSITY OF HAWAII AT MANOA.

FOR ADOPTION

 

Stand. Comm. Rep. No. 1856-06

S.C.R. No. 128, S.D. 1

REQUESTING THAT THE DEPARTMENT OF HAWAIIAN HOME LANDS ENTER INTO A LEASE/PURCHASE AGREEMENT FOR THE CONSTRUCTION OF A NEW OFFICE FACILITY ON HAWAIIAN HOME LANDS IN EAST KAPOLEI TO BE FUNDED BY THE ISSUANCE OF CERTIFICATES OF PARTICIPATION.

FOR ADOPTION

 

Stand. Comm. Rep. No. 1857-06

S.C.R. No. 211

SUPPORTING A FOUR-YEAR DEGREE PROGRAM IN HISTORIC PRESERVATION AT THE UNIVERSITY OF HAWAII.

FOR ADOPTION

FINANCE

Stand. Comm. Rep. No. 1858-06

S.C.R. No. 85

REQUESTING A REVIEW OF THE UNIVERSITY OF HAWAII BOARD OF REGENTS' CONFLICT OF INTEREST POLICY.

FOR ADOPTION

Health

Stand. Comm. Rep. No. 1859-06

S.C.R. No. 76, S.D. 1

URGING HEALTHCARE FACILITIES IN THE STATE OF HAWAII TO IMPLEMENT THE "UTILIZATION GUIDE FOR THE AMERICAN NURSES ASSOCIATION PRINCIPLES FOR SAFE STAFFING."

FOR ADOPTION

 

Stand. Comm. Rep. No. 1860-06

S.C.R. No. 70, H.D. 1

REQUESTING THE DIRECTOR OF HEALTH TO CONVENE A TASK FORCE TO DETERMINE A MEANS FOR A CHILD TO BE SCREENED PRIOR TO THE START OF THE CHILD'S EDUCATION, AT THE CHILD’S FIRST ENTRY INTO PRESCHOOL AND ELEMENTARY SCHOOL, TO PROVIDE FOR DIAGNOSIS, REFERRAL, CORRECTION OR TREATMENT, AND TO INTEGRATE THE EFFORTS OF COMMUNITY AND STATE ORGANIZATIONS RELATED TO SCREENING UNDER THIS HAWAII CHILDHOOD SCREENING INITIATIVE.

AS AMENDED, FOR ADOPTION

HEALTH

Stand. Comm. Rep. No. 1861-06

S.C.R. No. 72, S.D. 1, H.D. 1

REQUESTING THE DEPARTMENT OF HEALTH TO CONSIDER CONDUCTING BACTERIA-LEVEL TESTING OF THE SAND AT ALL BEACHES WHERE CONTAMINATED WATER WARNING SIGNS HAVE BEEN POSTED DUE TO CONTAMINATION CAUSED BY A SEWAGE SPILL.

AS AMENDED, FOR ADOPTION

 

Stand. Comm. Rep. No. 1862-06

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

REQUESTING THE DEPARTMENT OF BUDGET AND FINANCE TO CONVENE A TASK FORCE TO RESEARCH AVENUES OF APPROPRIATE FINANCING FOR CAPITAL IMPROVEMENTS FOR FEDERALLY QUALIFIED HEALTH CENTERS, INCLUDING USE OF REVOLVING LOAN FUNDS.

AS AMENDED, FOR ADOPTION

Transportation

Stand. Comm. Rep. No. 1863-06

S.C.R. No. 41

REQUESTING THE DEPARTMENT OF TRANSPORTATION AND THE EXECUTIVE OFFICE ON AGING TO COLLABORATE ON PROVIDING TRANSPORTATION TO SENIORS AND TO VISUALLY IMPAIRED PERSONS, AND EXPRESSING THE LEGISLATURE'S SUPPORT FOR FEDERAL LEGISLATION TO PROVIDE FUNDING FOR ITNAMERICA FOR A FIVE-YEAR NATIONAL ROLL-OUT AND GRANTS.

REFER TO Judiciary

TRANSPORTATION

Stand. Comm. Rep. No. 1864-06

S.C.R. No. 44

REQUESTING THE AUDITOR TO CONDUCT A MANAGEMENT AUDIT OF THE CAPITAL IMPROVEMENT PROJECTS OF THE DEPARTMENT OF TRANSPORTATION.

REFER TO Finance

Consumer Protection & Commerce

Stand. Comm. Rep. No. 1865-06

S.C.R. No. 217

REQUESTING THE COUNTIES TO ADOPT AN ORDINANCE TO PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY RATING SYSTEM TO OBTAIN MONETARY DISCOUNTS IN PURCHASING FLOOD INSURANCE.

REFER TO Finance

Health

Stand. Comm. Rep. No. 1866-06

S.C.R. No. 71, S.D. 1

REQUESTING A STUDY ON THE ISSUES HOSPITALS FACE WITH REGARD TO WAIT LISTED PATIENTS IN HAWAII IN NEED OF LONG TERM MEDICAL CARE.

REFER TO Finance

Health/International Affairs

Stand. Comm. Rep. No. 1867-06

S.C.R. No. 145

URGING THE NATIONAL COUNCIL OF STATE BOARDS OF NURSING TO CONDUCT THE NATIONAL COUNCIL LICENSURE EXAMINATION IN THE CITY OF MANILA IN THE REPUBLIC OF THE PHILIPPINES.

REFER TO Consumer Protection & Commerce

Legislative Management

Stand. Comm. Rep. No. 1868-06

S.C.R. No. 216, H.D. 1

CREATING A LEGISLATIVE TASK FORCE TO MAKE RECOMMENDATIONS FOR STATUTORY ENACTMENT TO ENHANCE TRANSPARENCY IN LEGISLATIVE PROCEEDINGS.

AS AMENDED, REFER TO Judiciary

 

 

Reports of Conference Committees

Conf. Comm. Rep. No. 5-06

(48-Hour Notice)

S.B. No. 2213, S.D. 2, H.D. 2, C.D. 1

RELATING TO TORT ACTIONS.

(Motorsports Facilities; Tort Actions; Waiver of Liability; Qualified Immunity)

AS AMENDED, PASS FINAL READING

   

Announcements

Addendum

Received communication informing the House that the Senate has appointed conferees to the following House Bills:

H.B. No. 1021, H.D. 2, S.D. 2

Menor, Chair; Taniguchi, Co-Chair; Baker, Hogue

H.B. No. 1214, H.D. 2, S.D. 2

Kanno, Chair; Espero, Co-Chair; Hanabusa

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

Menor, Chair; Taniguchi, Co-Chair; Espero, Kanno, Tsutsui, Hogue

H.B. No. 2176, H.D. 2, S.D. 2

Menor, Chair; Taniguchi, Co-Chair; Baker, Espero, Inouye, Whalen

H.B. No. 2966, H.D. 2, S.D. 2

Menor, Chair; Taniguchi, Co-Chair; Baker, Espero, Tsutsui, Whalen

H.B. No. 2991, H.D. 2, S.D. 2

Menor, Chair; Taniguchi, Co-Chair; Baker, Espero, Tsutsui

H.B. No. 3118, H.D. 1, S.D. 1

Menor, Chair; Taniguchi, Co-Chair; Espero, Fukunaga, Tsutsui, Hogue

 

Received communication informing the House that the Senate has appointed conferees to the following Senate Bills:

S.B. No. 2076, S.D. 2, H.D. 2

Menor, Chair; Taniguchi, Co-Chair; Baker, Espero, Kokubun, Hogue

S.B. No. 2193, S.D. 1, H.D. 1

Senator Menor, Chair; Ige, Whalen

S.B. No. 2545, S.D. 2, H.D. 2

Menor, Chair; Taniguchi, Co-Chair; Espero, Tsutsui, Trimble

S.B. No. 2773, SD3, H.D. 2

Menor, Chair; Taniguchi, Co-Chair; Baker, Espero, Kokubun, Hogue

S.B. No. 2958, S.D. 2, H.D. 1

Menor, Chair; Taniguchi, Co-Chair; Baker, Chun Oakland, Espero, Tsutsui, Whalen

 

Received communication informing the House that the Senate has made changes to Senate conferee assignments to the following House and Senate Bills:

H.B. No. 1867, H.D. 1, S.D. 2

Senator Espero added as conferee.

H.B. No. 2678, H.D. 2, S.D. 2

Senator Ihara added as conferee.

H.B. No. 2947, H.D. 2, S.D. 2

Senator Espero added as conferee.

H.B. No. 2950, S.D. 2

Senator Espero added as conferee.

S.B. No. 3021, S.D. 2, H.D. 2

Senator Taniguchi added as conferee.

 

Received communication informing the House that the Senate has reconsidered action in disagreeing to amendments proposed by the House, has moved to agree, and has passed the following Senate Bill on Final Reading:

S.B. No. 2357, H.D. 1

 

Received communications returning the following House Concurrent Resolutions, all having been adopted in the Senate:

H.C.R. No. 47

H.C.R. No. 49, H.D. 1

H.C.R. No. 76, H.D. 1

H.C.R. No. 84

H.C.R. No. 86

H.C.R. No. 120

H.C.R. No. 155, H.D. 1

H.C.R. No. 226, H.D. 1

H.C.R. No. 249

H.C.R. No. 262, H.D. 1

H.C.R. No. 290, H.D. 1

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

H.C.R. No. 30, H.D. 1, S.D. 1

H.C.R. No. 88, S.D. 1

H.C.R. No. 98, H.D. 1, S.D. 1

H.C.R. No. 164, S.D. 1

H.C.R. No. 197, S.D. 1

H.C.R. No. 312, H.D. 1, S.D. 1