THE SENATE

OF THE

TWENTY-FOURTH LEGISLATURE

STATE OF HAWAI'I

REGULAR SESSION OF 2008

FORTY-FOURTH DAY

April 3, 2008-Thursday-11:30 O'CLOCK A.M.

ORDER OF BUSINESS

Invocation by    Pastor Michael Palompo

                        New Hope Mililani

Roll Call

Approval of the Journal

Introductions

• Floor Presentations:

                  HONORING AND COMMENDING JEANINE WONG ON BEING NAMED THE 2008 HAWAII YOUNG MOTHER OF THE YEAR.  (Senator Gabbard)

                  CommendING and CongratulatING Margaret Marie “Nip” Ho On being named the 2008 Hawai’i State Mother of the Year.  (Senator Gabbard)

                  RECOGNIZING MAUI ECONOMIC OPPORTUNITY, INC. IN HONOR OF NATIONAL COMMUNITY ACTION MONTH.  (Senator Tsutsui)

                  CONGRATULATING BAMBOO RIDGE PRESS ON ITS 30TH ANNIVERSARY.  (Senator Sakamoto)

                  RECOGNIZING AND HONORING VARIOUS FILIPINO ORGANIZATIONS.  (Senator Menor)

1. Messages from the Governor: None
2. Departmental Communication Nos. 40

MEASURE	TITLE	REFERRAL
D.C. No. 40	From the Department of Education dated March 24, 2008, transmitting the Superintendent's 18th Annual Report for School Year 2006-2007.	FILE

3. House Communication Nos. 446-457

	Informing the Senate that on April 2, 2008, the House disagreed to the amendments proposed by the Senate to the following House Bill:	REFERRAL
446	H.B. No. 2810, H.D. 1, S.D. 1 "RELATING TO WATER RATES."(Agricultural Water Rates; Public Utilities Commission)	FILE
	Informing the Senate that on April 2, 2008, the following House Concurrent Resolutions were adopted in the House:
447	H.C.R. No. 124, H.D. 1 "REQUESTING A STUDY ON CONSTRUCTION."(Construction)
448	H.C.R. No. 230, H.D. 1 "RECOGNIZING THE WEEK OF SEPTEMBER 1 – SEPTEMBER 7 AS HAWAII LABOR HISTORY WEEK."(Hawaii Labor History Week)
	Returning the following Senate Bills which passed Third Reading in the House on April 2, 2008, in an amended form:
449	S.B. No. 1802, H.D. 1 "RELATING TO MENTAL HEALTH."(Mental Health Records; Confidentiality; Exceptions)	AGREE/DISAGREE
450	S.B. No. 2141, H.D. 1 "RELATING TO PUBLIC HOUSING."(Public Housing Project; Intoxicating Liquor)	AGREE/DISAGREE
451	S.B. No. 2363, S.D. 2, H.D. 1 "RELATING TO SEXUAL ASSAULT."(Sexual Assault)	AGREE/DISAGREE
452	S.B. No. 2997, S.D. 1, H.D. 1 "RELATING TO LAND USE."(Land Use; historic agricultural landmark)	AGREE/DISAGREE
453	S.B. No. 3203, S.D. 1, H.D. 1 "RELATING TO ANIMAL HOARDING."(Cruelty to Animals; Hoarding Pets)	AGREE/DISAGREE
	Returning the following Senate Bills which passed Third Reading in the House on April 2, 2008:
454	S.B. No. 2399 "RELATING TO STATUTORY REVISION:  AMENDING OR REPEALING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS."(Revision Bill)	FILE
455	S.B. No. 2401, S.D. 1 "RELATING TO CONDOMINIUMS:  MAKING VARIOUS TECHNICAL AMENDMENTS TO THE HAWAII REVISED STATUTES FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, AND CLARIFYING LANGUAGE."(Condominium Housekeeping Bill)	FILE
456	S.B. No. 2898, S.D. 1 "RELATING TO THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE."(Interstate Agreement; Presidential Election; National Popular Vote)	FILE
457	S.B. No. 3105, S.D. 1 "RELATING TO PUBLIC AGENCY MEETINGS."(Public Attendance; Agency Meetings)	FILE

4. Senate Communications: None
5. Judiciary Communications: None
6. Standing Committee Report Nos. 3302-3338

3302 (One Day Notice)	(CPH)	S.R. No. 47, S.D. 2 "URGING ASSOCIATIONS OF APARTMENT OWNERS AND CONDOMINIUM UNIT OWNERS' ASSOCIATIONS IN THE STATE TO DEVELOP EMERGENCY AND EVACUATION PLANS FOR RESIDENTS, INCLUDING PROVISIONS FOR SENIORS AND RESIDENTS WITH SPECIAL HEALTH NEEDS." (Recommends Adoption)
3303 (One Day Notice)	(CPH)	S.C.R. No. 85, S.D. 2 "URGING ASSOCIATIONS OF APARTMENT OWNERS AND CONDOMINIUM UNIT OWNERS' ASSOCIATIONS IN THE STATE TO DEVELOP EMERGENCY AND EVACUATION PLANS FOR RESIDENTS, INCLUDING PROVISIONS FOR SENIORS AND RESIDENTS WITH SPECIAL HEALTH NEEDS." (Recommends Adoption)
3304 (One Day Notice)	(EDT)	S.R. No. 132, S.D. 1 "ACKNOWLEDGING THE WORK OF THE STATE FOUNDATION ON CULTURE AND THE ARTS IN SUPPORTING ARTS AND CULTURE IN HAWAII, AND REQUESTING THAT AS AGENCIES MOVE FROM THE NO. 1 CAPITOL DISTRICT BUILDING, THE VACATED SPACE SHALL BE ASSIGNED TO THE STATE FOUNDATION ON CULTURE AND THE ARTS AND THE STATE ART MUSEUM." (AMENDED TITLE) (Recommends Adoption)
3305 (One Day Notice)	(EDT)	S.C.R. No. 225, S.D. 1 "ACKNOWLEDGING THE WORK OF THE STATE FOUNDATION ON CULTURE AND THE ARTS IN SUPPORTING ARTS AND CULTURE IN HAWAII, AND REQUESTING THAT AS AGENCIES MOVE FROM THE NO. 1 CAPITOL DISTRICT BUILDING, THE VACATED SPACE SHALL BE ASSIGNED TO THE STATE FOUNDATION ON CULTURE AND THE ARTS AND THE STATE ART MUSEUM." (AMENDED TITLE) (Recommends Adoption)
3306 (One Day Notice)	(HSP/IGM/EDU)	S.R. No. 118, S.D. 1 "REQUESTING THE NATIONAL DISASTER PREPAREDNESS TRAINING CENTER TO DEVELOP A PROGRAM FOR PRIVATE, GOVERNMENTAL, AND NON-PROFIT ENTITIES WITH AN EMPHASIS ON AT-RISK COMMUNITIES." (AMENDED TITLE) (Recommends Adoption)
3307 (One Day Notice)	(HSP/IGM/EDU)	S.C.R. No. 204, S.D. 1 "REQUESTING THE NATIONAL DISASTER PREPAREDNESS TRAINING CENTER TO DEVELOP A PROGRAM FOR PRIVATE, GOVERNMENTAL, AND NON-PROFIT ENTITIES WITH AN EMPHASIS ON AT-RISK COMMUNITIES." (AMENDED TITLE) (Recommends Adoption)
3308 (One Day Notice)	(HSP/PBS)	S.R. No. 59, S.D. 1 "CALLING ON THE DEPARTMENT OF HUMAN SERVICES TO CONVENE A TASK FORCE TO ESTABLISH PROTOCOLS AND TRAINING PROGRAMS FOR FIRST RESPONDERS IN CHILD PROTECTIVE AWARENESS SKILLS." (AMENDED TITLE) (Recommends Adoption)
3309 (One Day Notice)	(HSP/PBS)	S.C.R. No. 105, S.D. 1 "CALLING ON THE DEPARTMENT OF HUMAN SERVICES TO CONVENE A TASK FORCE TO ESTABLISH PROTOCOLS AND TRAINING PROGRAMS FOR FIRST RESPONDERS IN CHILD PROTECTIVE AWARENESS SKILLS." (AMENDED TITLE) (Recommends Adoption)
3310 (One Day Notice)	(PBS)	S.C.R. No. 125, S.D. 1 "REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO RESEARCH AND STUDY EARLY PAROLE ELIGIBILITY PROGRAMS THAT REDUCE THE MINIMUM PERIOD OF TIME THAT HAWAII INMATES MUST WAIT TO BECOME ELIGIBLE FOR PAROLE." (AMENDED TITLE) (Recommends Adoption)
3311 (One Day Notice)	(PBS)	S.R. No. 64, S.D. 1 "REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO RESEARCH AND STUDY EARLY PAROLE ELIGIBILITY PROGRAMS THAT REDUCE THE MINIMUM PERIOD OF TIME THAT HAWAII INMATES MUST WAIT TO BECOME ELIGIBLE FOR PAROLE." (AMENDED TITLE) (Recommends Adoption)
3312 (One Day Notice)	(HSP/IGM)	H.C.R. No. 111, H.D. 1, S.D. 1 "URGING HAWAII'S CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATIVE INCENTIVES FOR PUBLIC HOUSING TENANTS TO TRANSITION INTO PERMANENT HOUSING." (AMENDED TITLE) (Recommends Adoption)
3313 (One Day Notice)	(HTH/HSP/IGM)	S.R. No. 83 "SUPPORTING THE "DIVIDED WE FAIL" CAMPAIGN." (Recommends Adoption)
3314 (One Day Notice)	(HTH/HSP/IGM)	S.C.R. No. 153 "SUPPORTING THE "DIVIDED WE FAIL" CAMPAIGN." (Recommends Adoption)
3315 (One Day Notice)	(JDL)	S.C.R. No. 222 "REQUESTING STATE DEPARTMENTS TO CONVERT EXEMPT EMPLOYEES TO CIVIL SERVICE IN ACCORDANCE WITH ACT 253, SESSION LAWS OF HAWAII 2000, AND ACT 300, SESSION LAWS OF HAWAII 2006." (Recommends Adoption)
3316 (One Day Notice)	(WTL/HSP)	S.C.R. No. 119 "REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES TO LEASE APPROXIMATELY 13.2 ACRES OF STATE-OWNED PUBLIC LAND NEAR KE‘EHI LAGOON." (Recommends Adoption)
3317 (48 Hrs. Notice)	(JDL)	H.B. No. 1978, H.D. 1, S.D. 1 "RELATING TO PUBLIC ORDER." (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
3318 (48 Hrs. Notice)	(ENE/IGM)	H.B. No. 2977, H.D. 1, S.D. 1 "RELATING TO INVASIVE SPECIES." (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
3319 (One Day Notice)	(JDL)	H.B. No. 3011, H.D. 1, S.D. 1 "RELATING TO MOTOR VEHICLE REGISTRATION." (Recommends passage on THIRD READING)
3320 (One Day Notice)	(JDL)	H.B. No. 2254, H.D. 2, S.D. 1 "RELATING TO BANKS AND FINANCIAL INSTITUTIONS." (Recommends passage on THIRD READING)
3321 (One Day Notice)	(JDL)	H.B. No. 2675, H.D. 2, S.D. 1 "RELATING TO MEDICAL MARIJUANA." (Recommends passage on THIRD READING)
3322 (One Day Notice)	(JDL)	H.B. No. 2326, H.D. 2, S.D. 1 "RELATING TO MORTGAGES." (Recommends passage on THIRD READING)
3323 (One Day Notice)	(WAM)	H.B. No. 2366, S.D. 1 "RELATING TO THE ORGAN DONOR REGISTRY." (Recommends passage on THIRD READING)
3324 (One Day Notice)	(WAM)	H.B. No. 2238, H.D. 1, S.D. 1 "RELATING TO PUBLIC HOUSING." (Recommends passage on THIRD READING)
3325 (One Day Notice)	(WAM)	H.B. No. 2739, H.D. 1, S.D. 2 "RELATING TO STATE ENTERPRISE ZONES." (Recommends passage on THIRD READING)
3326 (One Day Notice)	(WAM)	H.B. No. 2441 "RELATING TO WORKERS' COMPENSATION." (Recommends passage on THIRD READING)
3327 (One Day Notice)	(WAM)	H.B. No. 2163, H.D. 2, S.D. 1 "RELATING TO COMPTROLLER SUPERVISION OF ACCOUNTS." (Recommends passage on THIRD READING)
3328 (One Day Notice)	(WAM)	H.B. No. 2527, H.D. 1, S.D. 1 "RELATING TO SMART GROWTH." (Recommends passage on THIRD READING)
3329 (One Day Notice)	(WAM)	H.B. No. 2306, H.D. 2, S.D. 2 "RELATING TO GENERAL EXCISE TAXATION." (Recommends passage on THIRD READING)
3330 (One Day Notice)	(WAM)	H.B. No. 2761, H.D. 1, S.D. 1 "RELATING TO WOMEN'S HEALTH." (Recommends passage on THIRD READING)
3331 (One Day Notice)	(WAM)	H.B. No. 2763, H.D. 1, S.D. 1 "RELATING TO THE CHILDREN OF INCARCERATED PARENTS TASK FORCE." (Recommends passage on THIRD READING)
3332 (One Day Notice)	(JDL)	H.B. No. 2730, H.D. 1, S.D. 1 "RELATING TO LEGAL REQUIREMENTS FOR NEIGHBORHOOD BOARD MEETINGS." (Recommends passage on THIRD READING)
3333 (One Day Notice)	(JDL)	H.B. No. 2696, H.D. 2 "RELATING TO THE BOARD OF THE JUDICIARY HISTORY CENTER." (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
3334 (48 Hrs. Notice)	(JDL)	H.B. No. 2699, H.D. 1, S.D. 1 "RELATING TO THE UNIFORM PROBATE CODE." (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
3335 (48 Hrs. Notice)	(JDL)	H.B. No. 2729, H.D. 1, S.D. 1 "RELATING TO BURGLARY." (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
3336 (48 Hrs. Notice)	(JDL)	H.B. No. 3002, H.D. 1, S.D. 1 "RELATING TO PROSTITUTION." (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
3337 (48 Hrs. Notice)	(JDL)	H.B. No. 3383, S.D. 1 "RELATING TO HAWAII PENAL CODE." (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
3338 (One Day Notice)	(WTL)	G.M. No. 258 "Submitting for consideration and confirmation as Director of the Office of Planning, Gubernatorial Nominee, ABBEY SETH MAYER, for a term to expire 12-06-2010" (Recommends Senate Consent to Nomination)

ORDER OF THE DAY

1. Deferred Matters – House Communications for Agree/Disagree

HSE. COM. NO.
402	S.B. No. 1035, S.D. 1, H.D. 1 "RELATING TO MAKAHIKI DAY COMMEMORATION." - (WAH/EDT) (Makahiki; Commemoration)	AGREE/DISAGREE
403	S.B. No. 2441, H.D. 1 "RELATING TO HIGHWAYS." - (TIA/IGM) (State Highways; County Subdivision Ordinances; Exemption)	AGREE/DISAGREE
404	S.B. No. 2849, S.D. 1, H.D. 1 "RELATING TO AGRICULTURAL LANDS." - (AHW/ENE) (Agricultural-energy Facilities; Agricultural Districts)	AGREE/DISAGREE
415	S.B. No. 2159, H.D. 1 "RELATING TO PROFESSIONS." - (CPH) (Regulation of Licensed mental health counselors; Sunset; Repealed; Reimbursable Practitioners)	AGREE/DISAGREE
416	S.B. No. 2434, H.D. 1 "RELATING TO THE STADIUM AUTHORITY." - (EDT/TSG) (Stadium Authority; Composition)	AGREE/DISAGREE
417	S.B. No. 2464, H.D. 1 "RELATING TO THE STATE MAMMAL." - (EDT) (Hawaiian Monk Seal; State Mammal)	AGREE/DISAGREE
418	S.B. No. 2584, S.D. 2, H.D. 1 "RELATING TO HONEY." - (CPH) (Honey; Commodity)	AGREE/DISAGREE
419	S.B. No. 3166, H.D. 1 "RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY." - (EDT/WTL) (HCDA; Kakaako Small Business Representatives)	AGREE/DISAGREE
444	S.B. No. 2499, H.D. 1 "RELATING TO TARO." - (AHW) (Taro; Kalo; State Plant)	AGREE/DISAGREE

7. Advise and Consent

3282 Testimony Status	CPH	G.M. No. 323 "Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial Nominee, CAROL MAE A. BALL, for a term to expire 6-30-2012."
3282 Testimony Status	CPH	G.M. No. 324 "Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial Nominee, MICHELE SUNAHARA LOUDERMILK, for a term to expire 6-30-2012."
3283 Testimony Status	CPH	G.M. No. 305 "Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee, MICHAEL S. CHU, for a term to expire 6-30-2012."
3283 Testimony Status	CPH	G.M. No. 306 "Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee, ROSS S. OKUDA, for a term to expire 6-30-2012."
3284 Testimony Status	CPH	G.M. No. 303 "Submitting for consideration and confirmation to the Credit Union Advisory Board, Gubernatorial Nominee, WAYNE MINORU SHINTANI, for a term to expire 6-30-2012."
3285 Testimony Status	CPH	G.M. No. 301 "Submitting for consideration and confirmation to the Contractors License Board, Gubernatorial Nominee, DENNY R. SADOWSKI, for a term to expire 6-30-2012."
3286 Testimony Status	TSG	G.M. No. 541 "Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Tourism Authority, Gubernatorial Nominee, SHARON R. WEINER, for a term to expire 6-30-2012."

8. Adopt Resolutions

3287 Testimony Prior Versions Status

CPH

S.C.R. No. 134, S.D. 2 "URGING THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH TO "BUY LOCAL" AND TO IMPLEMENT AND DEVELOP FOOD WARE AND FOOD WASTE RECYCLING PROGRAMS TO ENCOURAGE SUSTAINABILITY." (AMENDED TITLE)

9. Final Reading

S.B. No. 1805, S.D. 1 Testimony Prior Versions Status

"RELATING TO GENETIC COUNSELORS." – (HTH, CPH) (Genetic Counselors; Licensure)

10. Third Reading

(See Stand. Com. Rep. No. 3280) Testimony Prior Versions Status	H.B. No. 3085, H.D. 2, S.D. 1 "RELATING TO BUSINESS REGISTRATION." - (CPH/JDL) (Trade Names and Marks)
(See Stand. Com. Rep. No. 3281) Testimony Prior Versions Status	H.B. No. 3174, H.D. 1, S.D. 1 "RELATING TO FEDERAL FISHERIES REGULATIONS." - (WTL) (Federal Fisheries Regulation)
Stand. Com. Rep. No. 3290 Testimony Prior Versions Status	H.B. No. 2165 "RELATING TO NURSING." - (CPH) (Registered Nurses; Licensure)
Stand. Com. Rep. No. 3291 Testimony Prior Versions Status	H.B. No. 2301, H.D. 1, S.D. 1 "RELATING TO DENTISTRY." - (CPH) (Dentistry)
Stand. Com. Rep. No. 3292 Testimony Prior Versions Status	H.B. No. 2523 "RELATING TO THE LAND USE COMMISSION." - (WTL) (Land Use Commission; Decision-making Criteria; County General Plan)
(See Stand. Com. Rep. No. 3293) Testimony Prior Versions Status	H.B. No. 3343, H.D. 1 "RELATING TO FILIPINO-AMERICAN HISTORY MONTH." - (EDT) (Filipino-American History Month)

11. Miscellaneous Communications: None
12. Miscellaneous Business
13. Announcements

• Floor Presentation for Friday, April 4, 2008:

                   CONGRATULATING CAMPBELL HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING THE DIVISION II STATE CHAMPIONSHIP TITLE.  (Senator Espero)

· Committee Hearing Schedule:

COMMITTEE	DATE & TIME	ROOM
AHW/ENE	4/3/2008 1:15 PM	414
EDT	4/3/2008 1:15 PM	224
EDU	4/3/2008 1:15 PM	016
HSP/CPH	4/3/2008 1:15 PM	016
HSP/HTH	4/3/2008 1:15 PM	016
TSG	4/3/2008 1:15 PM	229
AHW	4/3/2008 2:45 PM	224
ENE	4/3/2008 2:45 PM	414
ENE/CPH	4/3/2008 2:45 PM	414
ENE/WTL	4/3/2008 2:45 PM	414
PBS	4/3/2008 2:45 PM	225
PBS/JDL	4/3/2008 2:45 PM	225
CPH	4/4/2008 9:30 AM	229
WAM	4/4/2008 10:00 AM	211
WAM	4/4/2008 10:05 AM	211
WAM	4/4/2008 10:10 AM	211
HTH/HSP	4/4/2008 1:15 PM	016
PBS-PSM	4/5/2008 9:00 AM	225
EDT	4/9/2008 1:00 PM	016
HTH	4/9/2008 1:15 PM	016
TSG	4/10/2008 1:00 PM	229
EDT	4/10/2008 1:15 PM	224
HSP	4/10/2008 1:15 PM	016
ENE/EDT	4/10/2008 2:45 PM	414
ENE/TSG	4/10/2008 2:45 PM	414
EDT	4/17/2008 1:15 PM	224

• Senate Session will convene at 11:30 a.m. on Friday, April 4, 2008.

14. Adjournment