THE SENATE

OF THE

TWENTY-SEVENTH LEGISLATURE

STATE OF HAWAI'I

REGULAR SESSION OF 2013

 

 

FORTIETH DAY

 

March 28, 2013-Thursday-11:30 O'CLOCK A.M.

 

 

 

ORDER OF BUSINESS

Roll Call

Approval of the Journal

Introductions

CONGRATULATING AND RECOGNIZING DR. AMEFIL AGBAYANI AND DR. DORIS CHING FOR INITIATING AND PUBLISHING ASIAN AMERICANS AND PACIFIC ISLANDERS IN HIGHER EDUCATION RESEARCH AND PERSPECTIVES ON IDENTITY, LEADERSHIP, AND SUCCESS.  (Senator Taniguchi)

 

 

  1. Messages from the Governor: Nos. 251-255 and 757-772

 

MEASURE

TITLE

REFERRAL

 

 

 

G.M. No. 251

Dated March 19, 2013, transmitting the 2012 Annual Report of the Hawaii Community Development Authority pursuant to Section 206E-19, HRS.

FILE

 

 

 

G.M. No. 252

Dated March 27, 2013, transmitting proposed changes to the FB 2013-15 Biennium Budget for the Department of Budget and Finance.

FILE

 

 

 


G.M. No. 253

Dated March 21, 2013, transmitting the Office of Information Management and Technology Procurement Report as of February 28, 2013, pursuant to Act 222, SLH 2012.

FILE

 

 

 

G.M. No. 254

Dated March 27, 2013, transmitting the Report and Recommendations of the Commission on Salaries pursuant to Section 26-56, HRS.

FILE

 

 

 

G.M. No. 255

Dated March 27, 2013, transmitting the Medicaid Health Care Insurance Plan Contracts Report, prepared by the Department of Human Services, Med-QUEST Division, pursuant to Section 103F-107, HRS.

FILE

 

 

 

G.M. No. 757

Submitting for consideration and confirmation to the Stadium Authority, Gubernatorial Nominee, WILBERT CHEE, for a term to expire 6-30-2017.

EGH

 

 

 

G.M. No. 758

Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Strategic Development Corporation, Gubernatorial Nominee, JEFFREY TORRES, for a term to expire 6-30-2017.

EGH

 

 

 

G.M. No. 759

Submitting for consideration and confirmation to the Hawai'i Community Development Authority (Kalaeloa District), Gubernatorial Nominee, SHIRLEY SWINNEY, for a term to expire 6-30-2017.

EGH

 

 

 

G.M. No. 760

Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee, RICHARD SUZUKI, for a term to expire 6-30-2017.

CPN

 

 

 

G.M. No. 761

Submitting for consideration and confirmation to the Contractors License Board, Gubernatorial Nominee, ALDON MOCHIDA, for a term to expire 6-30-2017.

CPN

 

 

 

G.M. No. 762

Submitting for consideration and confirmation to the Contractors License Board, Gubernatorial Nominee, WILLIAM KAMAI, for a term to expire 6-30-2017.

CPN

 

 

 

G.M. No. 763

Submitting for consideration and confirmation to the Contractors License Board, Gubernatorial Nominee, LES BOTELHO, for a term to expire 6-30-2017.

CPN

 

 

 

G.M. No. 764

Submitting for consideration and confirmation to the Pest Control Board, Gubernatorial Nominee, TERRANCE MANAGO, for a term to expire 6-30-2015.

CPN

 

 

 

G.M. No. 765

Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial Nominee, LAURIE LEE, for a term to expire 6-30-2017.

CPN

 

 

 

G.M. No. 766

Submitting for consideration and confirmation to the Civil Rights Commission, Gubernatorial Nominee, ARTEMIO BAXA, for a term to expire 6-30-2017.

JDL

 

 

 

G.M. No. 767

Submitting for consideration and confirmation to the Island Burial Council, Island of Hawai'i, Gubernatorial Nominee, ELDON PATE-KAHAKALAU, for a term to expire 6-30-2016.

THA

 

 

 

G.M. No. 768

Submitting for consideration and confirmation to the Board of Directors of the Agribusiness Development Corporation, Gubernatorial Nominee, SANDI KATO-KLUTKE, for a term to expire 6-30-2017.

AGL

 

 

 

G.M. No. 769

Submitting for consideration and confirmation to the Policy Advisory Board for Elder Affairs, Gubernatorial Nominee, MAEONA MENDELSON, for a term to expire 6-30-2016.

HMS

 

 

 

G.M. No. 770

Submitting for consideration and confirmation to the Statewide Health Coordinating Council , Gubernatorial Nominee, WENDY MORRIARTY, for a term to expire 6-30-2017.

HTH

 

 

 

G.M. No. 771

Submitting for consideration and confirmation to the Statewide Health Coordinating Council, Gubernatorial Nominee, JOHN BARNETT, for a term to expire 6-30-2017.

HTH

 

 

 

G.M. No. 772

Submitting for consideration and confirmation to the Crime Victim Compensation Commission, Gubernatorial Nominee, ABELINA SHAW, for a term to expire 6-30-2017.

PSM

 

 

 

 

 

 

 

  1. Departmental Communication No. 95

 

MEASURE

TITLE

REFERRAL

 

 

 

D.C. No. 95

From the County Clerk, County of Kaua'i, dated March 22, 2013, transmitting Resolution No. 2013-40, Draft 1, which was adopted by the Kaua'i County Council on March 13, 2013.

FILE

 

 

 

 

 

 

 

  1. House Communication No. 382

 

 

Informing the Senate that on March 27, 2013, the House disagreed to the amendments proposed by the Senate to the following House bill:

REFERRAL

 

 

 

382

H.B. No. 776, H.D. 2, S.D. 1

"RELATING TO GOVERNMENT TORT LIABILITY."(Government Tort Liability)

FILE

 

 

 

 

 

 

 

  1. Senate Communications: None
  2. Judiciary Communications: None
  3. Standing Committee Report Nos. 1056-1077

 

1056

(EDU/HTH)

S.R. No. 27

"ENCOURAGING THE DEPARTMENT OF EDUCATION TO WORK WITH THE DEPARTMENT OF HEALTH TO DEVELOP NUTRITIONALLY-SOUND PUBLIC SCHOOL MEAL PLANS THAT GIVE STUDENTS THE OPTION OF A VEGETARIAN ENTRÉE AT LEAST ONCE A WEEK."

(Recommends referral to WAM)

 

 

 

 

 

 

1057

(EDU)

S.C.R. No. 76

"REQUESTING THE BOARD OF EDUCATION TO RESEARCH STATE MODELS AND BEST PRACTICES ON HOME SCHOOLED STUDENT PARTICIPATION IN PUBLIC SCHOOL EXTRACURRICULAR ACTIVITIES AND SPORTS AND EXPLORE IMPLEMENTATION OF SUCH A PROGRAM IN HAWAII."

(Recommends referral to WAM)

 

 

 

 

 

 

1058

(EDU)

S.R. No. 43

"REQUESTING THE BOARD OF EDUCATION TO RESEARCH STATE MODELS AND BEST PRACTICES ON HOME SCHOOLED STUDENT PARTICIPATION IN PUBLIC SCHOOL EXTRACURRICULAR ACTIVITIES AND SPORTS AND EXPLORE IMPLEMENTATION OF SUCH A PROGRAM IN HAWAII."

(Recommends referral to WAM)

 

 

 

 

 

 

1059

(EDU)

S.C.R. No. 77

"REQUESTING THE BOARD OF EDUCATION TO DEVELOP A UNIFORM SEXUALITY HEALTH EDUCATION PROGRAM FOR ALL PUBLIC SCHOOLS."

(Recommends referral to WAM)

 

 

 

 

 

 

1060

(EDU)

S.R. No. 44

"REQUESTING THE BOARD OF EDUCATION TO DEVELOP A UNIFORM SEXUALITY HEALTH EDUCATION PROGRAM FOR ALL PUBLIC SCHOOLS."

(Recommends referral to WAM)

 

 

 

 

 

 

1061

(EDU/HRE)

S.C.R. No. 96

"COMMENDING THE JUMP START TASK FORCE ON THE CREATION OF THE JUMP START PROGRAM, ENCOURAGING EXPANSION OF THE PROGRAM TO SCHOOLS ON THE ISLANDS OF MAUI AND HAWAII, AND REQUESTING THE DEPARTMENT OF EDUCATION AND THE UNIVERSITY OF HAWAII COMMUNITY COLLEGES TO CONTINUE THEIR SUPPORT OF THE PROGRAM."

(Recommends referral to WAM)

 

 

 

 

 

 

1062

(EDU/HRE)

S.R. No. 62

"COMMENDING THE JUMP START TASK FORCE ON THE CREATION OF THE JUMP START PROGRAM, ENCOURAGING EXPANSION OF THE PROGRAM TO SCHOOLS ON THE ISLANDS OF MAUI AND HAWAII, AND REQUESTING THE DEPARTMENT OF EDUCATION AND THE UNIVERSITY OF HAWAII COMMUNITY COLLEGES TO CONTINUE THEIR SUPPORT OF THE PROGRAM."

(Recommends referral to WAM)

 

 

 

 

 

 

1063

(EDU/EGH)

S.C.R. No. 190

"REQUESTING THE HAWAII BOARD OF EDUCATION TO REVIEW POLICY NO. 6701 IN LIGHT OF THE STATE'S EFFORT TO RENOVATE AND BUILD TWENTY-FIRST CENTURY SCHOOLS AND TO REPORT ITS RECOMMENDATIONS TO THE LEGISLATURE."

(Recommends referral to WAM)

 

 

 

 

 

 

1064

(EDU/EGH)

S.R. No. 145

"REQUESTING THE HAWAII BOARD OF EDUCATION TO REVIEW POLICY NO. 6701 IN LIGHT OF THE STATE'S EFFORT TO RENOVATE AND BUILD TWENTY-FIRST CENTURY SCHOOLS AND TO REPORT ITS RECOMMENDATIONS TO THE LEGISLATURE."

(Recommends referral to WAM)

 

 

 

 

 

 

1065

(TIA/PSM)

S.C.R. No. 121

"REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO PROPOSE AMENDMENTS TO THE AIRLINE DEREGULATION ACT TO EXEMPT HAWAII FROM THE UNITED STATES' PREEMPTION OF STATE ECONOMIC REGULATION OF INTERSTATE AIR TRANSPORTATION."

(Recommends referral to WAM)

 

 

 

 

 

 

1066

(TIA/PSM)

S.R. No. 84

"REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO PROPOSE AMENDMENTS TO THE AIRLINE DEREGULATION ACT TO EXEMPT HAWAII FROM THE UNITED STATES' PREEMPTION OF STATE ECONOMIC REGULATION OF INTERSTATE AIR TRANSPORTATION."

(Recommends referral to WAM)

 

 

 

 

 

 

1067

(TIA/PSM)

S.C.R. No. 169

"STRONGLY URGING HAWAII'S CONGRESSIONAL DELEGATION TO SEEK AND OBTAIN ADDITIONAL FEDERAL AID TO THE STATE OF HAWAI‘I FOR THE PROVISION OF EDUCATIONAL SERVICES TO MIGRANTS FROM THE COMPACT OF FREE ASSOCIATION NATIONS."

(Recommends referral to WAM)

 

 

 

 

 

 

1068

(TIA/PSM)

S.R. No. 126

"STRONGLY URGING HAWAII'S CONGRESSIONAL DELEGATION TO SEEK AND OBTAIN ADDITIONAL FEDERAL AID TO THE STATE OF HAWAI‘I FOR THE PROVISION OF EDUCATIONAL SERVICES TO MIGRANTS FROM THE COMPACT OF FREE ASSOCIATION NATIONS."

(Recommends referral to WAM)

 

 

 

 

 

 

1069

(TIA/PSM)

S.C.R. No. 182, S.D. 1

"EXPRESSING SUPPORT FOR THE ENHANCED TRADE AND INVESTMENT OPPORTUNITIES AMONG MEMBER COUNTRIES OF THE TRANS-PACIFIC PARTNERSHIP AND ENCOURAGING SUPPORT FOR FINALIZATION OF THE PARTNERSHIP."

(Recommends referral to WAM)

 

 

 

 

 

 

1070

(TIA/PSM)

S.R. No. 138, S.D. 1

"EXPRESSING SUPPORT FOR THE ENHANCED TRADE AND INVESTMENT OPPORTUNITIES AMONG MEMBER COUNTRIES OF THE TRANS-PACIFIC PARTNERSHIP AND ENCOURAGING SUPPORT FOR FINALIZATION OF THE PARTNERSHIP."

(Recommends referral to WAM)

 

 

 

 

 

 

1071

(One Day Notice)

(EDU)

S.C.R. No. 97

"REQUESTING THE DEPARTMENT OF EDUCATION TO UNDERTAKE A SYSTEMWIDE REVIEW OF ITS OVERSIGHT, MONITORING, AND ACCOUNTABILITY OF THE OPERATIONAL AND FISCAL PRACTICES OF THE DEPARTMENT'S SCHOOL FOOD SERVICES BRANCH."

(Recommends Adoption)

 

 

 

 

 

 

1072

(One Day Notice)

(EDU)

S.R. No. 63

"REQUESTING THE DEPARTMENT OF EDUCATION TO UNDERTAKE A SYSTEMWIDE REVIEW OF ITS OVERSIGHT, MONITORING, AND ACCOUNTABILITY OF THE OPERATIONAL AND FISCAL PRACTICES OF THE DEPARTMENT'S SCHOOL FOOD SERVICES BRANCH."

(Recommends Adoption)

 

 

 

 

 

 

1073

(One Day Notice)

(TIA/HMS/PSM)

S.C.R. No. 108

"URGING THE UNITED STATES CONGRESS TO INCLUDE RESIDENT CITIZENS OF THE FREELY ASSOCIATED STATES WHO LAWFULLY RESIDE IN THE UNITED STATES AS "QUALIFIED ALIENS" UNDER THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996 IN RECOGNIZING THEIR UNIQUE HISTORIC AND ONGOING SACRIFICES AND CONTRIBUTIONS TO THE UNITED STATES OF AMERICA."

(Recommends Adoption)

 

 

 

 

 

 

1074

(One Day Notice)

(TIA/HMS/PSM)

S.R. No. 74

"URGING THE UNITED STATES CONGRESS TO INCLUDE RESIDENT CITIZENS OF THE FREELY ASSOCIATED STATES WHO LAWFULLY RESIDE IN THE UNITED STATES AS "QUALIFIED ALIENS" UNDER THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996 IN RECOGNIZING THEIR UNIQUE HISTORIC AND ONGOING SACRIFICES AND CONTRIBUTIONS TO THE UNITED STATES OF AMERICA."

(Recommends Adoption)

 

 

 

 

 

 

1075

(One Day Notice)

(EGH)

G.M. No. 522

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Housing Finance and Development Corporation, Gubernatorial Nominee, LEILANI PULMANO, for a term to expire 6-30-2016."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1076

(One Day Notice)

(AGL)

G.M. No. 597

"Submitting for consideration and confirmation to the Board of Agriculture, Gubernatorial Nominee, GLENN HONG, for a term to expire 6-30-2017."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1077

(One Day Notice)

(AGL)

G.M. No. 503

"Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee, JAMES ESCHLE, for a term to expire 6-30-2016."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1077

(One Day Notice)

(AGL)

G.M. No. 504

"Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee, JEFFREY KERMODE, for a term to expire 6-30-2016."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1077

(One Day Notice)

(AGL)

G.M. No. 505

"Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee, JOHN MCHUGH, for a term to expire 6-30-2015."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1077

(One Day Notice)

(AGL)

G.M. No. 506

"Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee, ROGER BREWER, for a term to expire 6-30-2015."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

 

 

 

 

ORDER OF THE DAY

 

  1. Deferred Matters – House Communication

 

HSE. COM. NO.

Returning the following Senate Bill which passed Third Reading in the House on March 25, 2013, in an amended form:

REFERRAL

 

 

 

381

S.B. No. 870, S.D. 1, H.D. 1

"RELATING TO USE OF FORCE BY PERSONS WITH SPECIAL RESPONSIBILITY FOR CARE, DISCIPLINE, OR SAFETY OF OTHERS."(Use of Force by Persons with Special Responsibility for Care, Discipline, or Safety of Others)

AGREE/DISAGREE

 

 

 

 

 

 

 

 

  1. Miscellaneous Communications: None
  2. Miscellaneous Business
  3. Announcements

CONGRATULATING CHALLENGER CENTER HAWAII IN COMMEMORATION OF ITS 20TH ANNIVERSARY.  (Senator Ige)

 

CELEBRATING THE 20TH YEAR OF THE W.M. KECK OBSERVATORY.  (Senator Solomon)

 

·         Committee Hearing Schedule:

 

COMMITTEE

DATE & TIME

ROOM

AGL/CPN

3/28/2013 1:15 PM

229

EDU/WTL

3/28/2013 1:15 PM

225

PSM/HTH/HMS

3/28/2013 1:15 PM

016

WTL

3/28/2013 1:15 PM

225

WTL/EGH

3/28/2013 1:15 PM

225

WTL/PSM

3/28/2013 1:15 PM

225

HTH/TEC

3/28/2013 1:20 PM

414

PSM/HMS

3/28/2013 1:20 PM

016

TEC

3/28/2013 1:20 PM

414

HMS

3/28/2013 1:30 PM

016

HMS/CPN

3/28/2013 1:30 PM

016

WTL/ENE/PSM

3/28/2013 2:30 PM

225

ENE/WTL

3/28/2013 2:45 PM

225

HRE/AGL

3/28/2013 2:45 PM

414

INFO-PSM-PBS

3/28/2013 2:45 PM

423

HRE/JDL

3/28/2013 2:50 PM

414

AGL

3/28/2013 3:00 PM

229

HRE

3/28/2013 3:00 PM

414

HRE/CPN

3/28/2013 3:00 PM

414

HRE/EGH

3/28/2013 3:00 PM

414

HTH/HRE

3/28/2013 3:00 PM

414

AGL/WTL

3/28/2013 3:05 PM

229

PSM

3/28/2013 4:00 PM

224

WTL/PSM

3/28/2013 4:00 PM

224

PSM/WAM

4/1/2013 9:55 AM

211

WAM

4/1/2013 10:00 AM

211

ENE/CPN

4/1/2013 10:30 AM

229

EGH/WTL/PSM

4/1/2013 2:45 PM

016

PSM/WTL/EGH

4/1/2013 2:45 PM

016

EGH/PSM

4/1/2013 2:46 PM

016

PSM/EGH

4/1/2013 2:46 PM

016

EGH

4/1/2013 3:00 PM

016

JDL

4/2/2013 10:30 AM

016

HMS/TEC

4/2/2013 1:15 PM

016

WTL/JDL

4/2/2013 1:15 PM

225

WTL/THA/JDL

4/2/2013 1:20 PM

225

HMS

4/2/2013 1:30 PM

016

THA/WTL/TEC

4/2/2013 1:30 PM

225

AGL/PSM

4/2/2013 2:30 PM

224

EGH/PSM

4/2/2013 2:45 PM

224

PSM

4/2/2013 2:45 PM

224

HRE

4/2/2013 3:00 PM

414

CPN

4/3/2013 10:00 AM

229

HMS/TIA/PSM

4/3/2013 1:15 PM

224

TIA

4/3/2013 1:16 PM

224

WAM

4/4/2013 9:00 AM

211

INFO-PSM

4/4/2013 2:30 PM

224

ENE

4/4/2013 2:45 PM

225

 

 

 

 

 

 

 

  1. Adjournment