THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2006

 

THIRTY-SECOND DAY

March 16, 2006-Thursday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Aunty Sarah Akiona

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 308-309

    2. G.M. NO.

    TITLE

    REFERRAL
         

    308

    Dated March 9, 2006, transmitting a Report on the Activities of the Deposit Beverage Container Program, prepared by the Department of Health pursuant to Act 178, Section 16, SLH 2002, and Act 228, Section 2, SLH 2005.

    FILE
         

    309

    Dated March 10, 2006, transmitting the Department of Agriculture's Annual Report for Fiscal Year 2005.

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: None
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Introduction of Measures
  7. Standing Committee Reports: No(s). 2941-2955

    8. 2941

    (TGO)

    H.B. No. 2215

    "RELATING TO CONCESSIONS ON PUBLIC PROPERTY."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2942

    (TGO)

    H.B. No. 2273

    "MAKING EMERGENCY APPROPRIATIONS FOR RISK MANAGEMENT."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2943

    (TGO)

    H.B. No. 2454, H.D. 1, S.D. 1

    "RELATING TO LEGISLATIVE VACANCIES."

    (Recommends passage on SECOND READING and referral to JHW)
         
         

    2944

    (TGO)

    H.B. No. 2274, H.D. 1, S.D. 1

    "RELATING TO STATE RISK MANAGEMENT."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2945

    (TGO)

    S.C.R. No. 38, S.D. 1

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO STUDY THE FEASIBILITY OF INSTALLING AN OUTDOOR WIRELESS CORRIDOR ALONG THE H-1 FREEWAY IN ORDER TO ENCOURAGE UTILIZATION BY HIGHLY OCCUPIED VEHICLES AND BUSSES, AND TO FACILITATE THE GATHERING OF TRAFFIC METRICS."

    (Recommends referral to MAT)
         
         

    2946

    (LBR)

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

    "RELATING TO WORKERS' COMPENSATION."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2947

    (LBR)

    H.B. No. 2309

    "RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2948

    (LBR)

    H.B. No. 2311, H.D. 1

    "RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2949

    (LBR/EDM)

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

    "RELATING TO COLLECTIVE BARGAINING FOR EMPLOYEES IN NEW CENTURY CHARTER SCHOOLS."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2950

    (LBR)

    H.B. No. 2678, H.D. 2, S.D. 1

    "RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2951

    (LBR)

    H.B. No. 2691, S.D. 1

    "RELATING TO PREVAILING WAGES."

    (Recommends passage on SECOND READING and referral to JHW)
         
         

    2952

    (LBR)

    H.B. No. 2698, H.D. 1, S.D. 1

    "RELATING TO WORKERS' COMPENSATION."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2953

    (LBR)

    H.B. No. 2947, H.D. 2, S.D. 1

    "RELATING TO EMPLOYMENT SECURITY."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2954

    (LBR)

    H.B. No. 2950, S.D. 1

    "RELATING TO VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION TRUSTS."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2955

    (LBR)

    H.B. No. 3254, H.D. 1

    "RELATING TO OATHS OF OFFICE."

    (Recommends passage on SECOND READING and referral to JHW)
         
         
         

    ORDER OF THE DAY

  8. Advise and Consent

    9. 2932

    TGO

    G.M. No. 256

    "Submitting for consideration and confirmation to the Civil Defense Advisory Council, Gubernatorial Nominee, MANUEL MAKAHIAPO KULOLOIO, for a term to expire 6-30-2010."
         
         

    2933

    TGO

    G.M. No. 257

    "Submitting for consideration and confirmation to the Civil Defense Advisory Council, Gubernatorial Nominee, ANN M. SAKAGUCHI, for a term to expire 6-30-2010."
         
         

    2934

    TGO

    G.M. No. 275

    "Submitting for consideration and confirmation to the State Highway Safety Council, Gubernatorial Nominee, MITCHELL DAVID ROTH, for a term to expire 6-30-2010."
         
         

    2935

    TGO

    G.M. No. 277

    "Submitting for consideration and confirmation to the Medical Advisory Board, Gubernatorial Nominee, JOYCE H. CASSEN MD, for a term to expire 6-30-2010."
         
         
         

     

     

     

     

     

  9. Adopt Resolutions

    10. 2928

    HTH

    S.R. No. 1

    "RECOGNIZING JANUARY AS CERVICAL CANCER MONTH IN HAWAI`I."
         
         

    2929

    HTH

    S.C.R. No. 1

    "RECOGNIZING JANUARY AS CERVICAL CANCER MONTH IN HAWAI`I."
         
         

    2930

    HTH

    S.C.R. No. 15, S.D. 1

    "SUPPORTING THE GOAL OF ELIMINATING SUFFERING AND DEATH FROM CANCER BY THE YEAR 2015."
         
         

    2939

    TGO

    S.C.R. No. 33, S.D. 1

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO CONTINUE TO COLLABORATE WITH THE HAWAII HARBOR USERS GROUP TO IMPLEMENT PLANNED IMPROVEMENTS AND CONSTRUCTION TO IMPROVE CARGO TERMINAL AND CONTAINER FACILITIES AT HONOLULU HARBOR, KAHULUI HARBOR, AND HILO HARBOR, AND COMMENDING AND CONGRATULATING THE DEPARTMENT OF TRANSPORTATION AND THE HAWAII HARBOR USERS GROUP FOR THEIR FINE WORK IN COMPLETING THE HAWAII HARBORS USER GROUP'S REPORT."
         
         

    2940

    TGO

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

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO CONTINUE TO COLLABORATE WITH THE HAWAII HARBOR USERS GROUP TO IMPLEMENT PLANNED IMPROVEMENTS AND CONSTRUCTION TO IMPROVE CARGO TERMINAL AND CONTAINER FACILITIES AT HONOLULU HARBOR, KAHULUI HARBOR, AND HILO HARBOR, AND COMMENDING AND CONGRATULATING THE DEPARTMENT OF TRANSPORTATION AND THE HAWAII HARBOR USERS GROUP FOR THEIR FINE WORK IN COMPLETING THE HAWAII HARBORS USER GROUP'S REPORT."
         
         
         
  10. Referrals and Re-Referrals

    11. REFERRALS FOR THURSDAY, MARCH 16, 2006

    S.C.R. NO.

    TITLE

    REFERRAL
         

    86

    REQUESTING THE DEPARTMENT OF HEALTH TO STUDY THE HEALTH IMPACTS OF THE WAIMANALO GULCH SANITARY LANDFILL.

    (Waimanalo Gulch Landfill; Health Impact Study)

    HTH/IGA
         

    87

    CONVENING A TASK FORCE TO EXAMINE THE IMPLEMENTATION OF AN AUTOMATED VICTIM NOTIFICATION SYSTEM.

    (Automated Victim Notification System)

    JHW
         

    88

    ESTABLISHING A TASK FORCE TO EXAMINE THE ISSUE AND DEVELOP LEGISLATION TO HALT HUMAN TRAFFICKING.

    (Relating to Human Trafficking)

    HMS, JHW
         

    89

    CONVENING A TASK FORCE TO EXAMINE THE ISSUE OF CHANGES TO THE HAWAII PENAL CODE FOR THE SENTENCING OF REPEAT OFFENDERS.

    (Repeat Offenders; Sentencing)

    JHW
         

    90

    REQUIRING THE LEGISLATIVE REFERENCE BUREAU TO STUDY THE CRIME RATES IN JURISDICTIONS IN THE UNITED STATES THAT ALLOW FOR THE OPEN CARRY OF A FIREARM.

    (Firearms; Open carry)

    JHW
         

    91

    ESTABLISHING A TASK FORCE TO EXAMINE THE BACKLOG IN UNSERVED ARREST WARRANTS.

    (Unserved arrest warrants; backlog)

    JHW
         

    92

    REQUESTING THE HAWAII STATE BAR ASSOCIATION TO CONVENE A TASK FORCE TO CONDUCT A STUDY ON WHETHER A FOURTH CIRCUIT COURT SHOULD BE ESTABLISHED ON OAHU FOR THE KAPOLEI DISTRICT.

    (Fourth Circuit Court Task Force)

    JHW
         

    93

    REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY TO DETERMINE WHETHER PUBLIC, EDUCATION, AND GOVERNMENT ACCESS ORGANIZATIONS SHOULD BE EXEMPT FROM STATE PROCUREMENT LAWS.

    (LRB Study; Exemption of PEG Access Organizations from State Procurement Law)

    CPH, TGO
         

    94

    ESTABLISHING A TASK FORCE TO EXAMINE THE ISSUE OF DISCRETIONARY FUNCTION EXCEPTION FOR OF THE STATE AND COUNTIES.

    (Tort actions; Discretionary function)

    JHW/IGA
         

    95

    URGING THE CITY AND COUNTY OF HONOLULU TO IMPROVE THE SYNCHRONIZATION OF TRAFFIC SIGNALS ON ALA MOANA BOULEVARD BETWEEN PUNCHBOWL STREET AND KALAKAUA AVENUE, AND TO ASSUME JURISDICTION OF THAT SAME PORTION OF ROAD IN THE INTEREST OF PROMOTING SAFE TRAFFIC FLOW.

    (Ala Moana Boulevard Traffic Signals; Jurisdiction)

    TGO/IGA
         

    96

    REQUESTING THE HARBORS DIVISION OF THE DEPARTMENT OF TRANSPORTATION TO PROCEED WITH EXECUTING THE TEN-YEAR LEASE APPROVED BY THE DEPARTMENT OF LAND AND NATURAL RESOURCES FOR PACIFIC SHIPYARDS INTERNATIONAL TO CONTINUE TO PROVIDE VITAL SHIP REPAIR SERVICES TO THE MARITIME COMMUNITY FROM ITS EXISTING HONOLULU HARBOR FACILITY.

    (Requesting the Harbors Division of the Department of Transportation to proceed with executing the ten-year lease approved by the Department of Land and Natural Resources for Pacific Shipyards International to continue to provide vital ship repair services to the maritime community from its existing Honolulu Harbor facility.)

    TGO/WLA
         

    97

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

    (Management Audit of Student Housing Services; UH Manoa)

    HRE
         

    98

    REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CREATE A TASK FORCE TO ASSESS THE STATUS OF AHU O LAKA IN KANEOHE BAY, OAHU, AND TO ADDRESS OTHER ISSUES RELATED TO THE SITE.

    (Ahu o Laka; Kaneohe Bay; Department of Land and Natural Resources)

    WLA, JHW
         

    99

    SUPPORTING THE ADOPTION OF A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES REGARDING THE RIGHT OF ALL UNITED STATES CITIZENS TO A PUBLIC EDUCATION OF EQUAL HIGH QUALITY.

    (Amendment to U.S. Constitution; Right to Education)

    EDM
         

    100

    REQUESTING A STUDY TO SHOW THE COSTS ASSOCIATED WITH, AND THE ADVISABILITY OF MANDATING THE USE OF SEAT BELTS FOR MINORS IN EVERY SCHOOL BUS.

    (Seat Belts)

    EDM, WAM
         

    101

    URGING THE DEPARTMENT OF EDUCATION AND BOARD OF EDUCATION TO HELP PARENTS UNDERSTAND THE RESPONSIBILITIES AND LIABILITIES OF PARENT-TEACHER ASSOCIATIONS AND PARENT-TEACHER GROUPS.

    (PARENT-TEACHER ASSOCIATIONS AND PARENT-TEACHER GROUPS)

    EDM/JHW
         

    102

    REQUESTING THE HAWAII HEALTH SYSTEMS CORPORATION TO DISCLOSE OWNERSHIP INTERESTS IN ANY OF THE VENDORS WITH WHOM THE CORPORATION DOES BUSINESS.

    (Hawaii Health Systems Corporation; Vendor Ownership Disclosure)

    HTH
         

    103

    REQUESTING THE SUPERINTENDENT OF EDUCATION, WITH THE ASSISTANCE OF THE DIRECTOR OF HEALTH, TO ESTABLISH A ONE-YEAR PILOT PROGRAM IN SELECTED PUBLIC ELEMENTARY SCHOOLS ON THE WAIANAE COAST TO PROVIDE FREE EYE EXAMINATIONS TO CHILDREN ENTERING KINDERGARTEN, OR ANY OTHER ELEMENTARY GRADE LEVEL IF ENTERING THE STATE PUBLIC SCHOOL SYSTEM FOR THE FIRST TIME, WITH A VIEW TO SCREENING FOR EYE HEALTH, AND VISION PROBLEMS, AND ENSURING THAT STUDENTS ARE NOT ERRONEOUSLY DIAGNOSED AS HAVING ATTENTION DEFICIENT HYPERACTIVITY DISORDER.

    (Eye Examinations; Pilot Program; Waianae; Elementary Schools.)

    HTH, EDM
         

    S.R. NO.

    TITLE

    REFERRAL
         

    56

    REQUESTING THE DEPARTMENT OF HEALTH TO STUDY THE HEALTH IMPACTS OF THE WAIMANALO GULCH SANITARY LANDFILL.

    (Waimanalo Gulch Landfill; Health Impact Study)

    HTH/IGA
         

    57

    URGING THE CITY AND COUNTY OF HONOLULU TO IMPROVE THE SYNCHRONIZATION OF TRAFFIC SIGNALS ON ALA MOANA BOULEVARD BETWEEN PUNCHBOWL STREET AND KALAKAUA AVENUE, AND TO ASSUME JURISDICTION OF THAT SAME PORTION OF ROAD IN THE INTEREST OF PROMOTING SAFE TRAFFIC FLOW.

    (Ala Moana Boulevard Traffic Signals; Jurisdiction)

    TGO/IGA
         

    58

    URGING THE DEPARTMENT OF EDUCATION AND BOARD OF EDUCATION TO HELP PARENTS UNDERSTAND THE RESPONSIBILITIES AND LIABILITIES OF PARENT-TEACHER ASSOCIATIONS AND PARENT-TEACHER GROUPS.

    (PARENT-TEACHER ASSOCIATIONS AND PARENT-TEACHER GROUPS)

    EDM/JHW
         

    59

    REQUESTING THE HAWAII HEALTH SYSTEMS CORPORATION TO DISCLOSE OWNERSHIP INTERESTS IN ANY OF THE VENDORS WITH WHOM THE CORPORATION DOES BUSINESS.

    (Hawaii Health Systems Corporation; Vendor Ownership Disclosure)

    HTH
         
         

    RE-REFERRALS FOR THURSDAY, MARCH 16, 2006
         

    H.B. NO.

    TITLE

    RE-REFERRAL
         

    1368, H.D. 2

    RELATING TO LAND USE.

    (Land Use; Permissible Use; Agricultural Districts) (WLA, JHW)

    WLA/JHW
         

    2180, H.D. 2

    RELATING TO LABOR.

    (Workforce Development; University of Hawaii community colleges; Rapid Response Program; Appropriation) (HRE/LBR/IGA, WAM)

    HRE/IGA, WAM
         

    2440, H.D. 2

    RELATING TO THE UNIFORM ATHLETE AGENTS ACT.

    (Uniform Athlete Agents Act; Student-Athletes; Athlete Agents) (CPH/HRE, JHW)

    CPH, JHW/WAM
         

    S.C.R. NO.

    TITLE

    RE-REFERRAL
         

    65

    SUPPORTING THE CONCEPT OF A PUBLIC-PRIVATE JOINT VENTURE TO DEVELOP A NEW ADVANCED SIMULATOR AIRLINE TRAINING FACILITY IN HAWAII.

    (Advanced Flight Simulator Airline Training Facility) (MAT/BED, WAM)

    BED, WAM
         

    S.R. NO.

    TITLE

    RE-REFERRAL
         

    42

    SUPPORTING THE CONCEPT OF A PUBLIC-PRIVATE JOINT VENTURE TO DEVELOP A NEW ADVANCED SIMULATOR AIRLINE TRAINING FACILITY IN HAWAII.

    (Advanced Flight Simulator Airline Training Facility) (MAT/BED, WAM)

    BED, WAM
         
         
  11. Miscellaneous Communications: None

    12.  

     

     

  12. Miscellaneous Business

    13. Adopt Resolution:

    S.R. No. 162

    (One Day Notice)

    "AMENDING THE RULES OF THE SENATE OF THE TWENTY-THIRD LEGISLATURE OF THE STATE OF HAWAII TO REQUIRE THE USE OF THE LINE ITEM BUDGET FORMAT FOR THE SENATE BUDGET."

    (Senate Rules; Amendment; Senate Budget; Line Item Format)

  13. Announcements

    14. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    CPH

    3/16/2006 9:00 AM

    Auditorium

    JHW

    3/16/2006 9:00 AM

    229

    EIA

    3/16/2006 1:15 PM

    224

    EIA/JHW

    3/16/2006 1:15 PM

    224

    HRE/HTH/EDM

    3/16/2006 1:15 PM

    212

    MAT

    3/16/2006 1:15 PM

    225

    HMS/IGA/EDM

    3/16/2006 2:15 PM

    016

    HMS

    3/16/2006 2:45 PM

    016

    IGA

    3/26/2006 2:45 PM

    016

    IGA/JHW

    3/16/2006 2:45 PM

    225

    TGO/IGA

    3/16/2006 3:00 PM

    225

    JHW

    3/17/2006 9:00 AM

    229

    WAM

    3/17/2006 10:00 AM

    211

    EDM

    3/17/2006 1:15 PM

    225

    EDM/IGA

    3/17/2006 1:15 PM

    225

    TGO

    3/17/2006 1:15 PM

    224

    TGO/HTH/HMS

    3/17/2006 1:15 PM

    224

    TGO/JHW

    3/17/2006 1:15 PM

    224

    TGO/CPH

    3/17/2006 2:00 PM

    224

    HTH

    3/17/2006 2:30 PM

    016

    TGO

    3/17/2006 2:30 PM

    224

    BED

    3/17/2006 2:45 PM

    414

    BED/MAT

    3/17/2006 2:45 PM

    414

    WLA

    3/17/2006 2:45 PM

    212

    CPH

    3/20/2006 8:30 AM

    016

    JHW

    3/20/2006 9:00 AM

    229

    EDM

    3/20/2006 1:15 PM

    225

    TGO

    3/20/2006 1:15 PM

    224

    HTH

    3/20/2006 2:30 PM

    016

    HTH/JHW

    3/20/2006 2:30 PM

    016

    BED/EIA/MAT

    3/20/2006 2:45 PM

    414

    JHW

    3/21/2006 9:00 AM

    229

    CPH/HMS/IGA

    3/22/2006 9:00 AM

    016

    HTH

    3/22/2006 2:30 PM

    016

    WLA

    3/22/2006 2:45 PM

    212

    CPH

    3/24/2006 9:00 AM

    016
         

  14. Adjournment