THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

FOURTH DAY

January 22, 2002-Tuesday-9:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Marvin Samiano

Our Lady of Peace Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 8-94
  2. G.M. NO.

    TITLE

    REFERRAL

         

    8

    Dated November 19, 2001, transmitting a report prepared by the Department of Health pursuant to Act 259, Section 36, SLH 2001, requesting detailed quarterly reports on projected and actual expenditures from the behavioral health administration.

    FILE

         

    9

    Dated November 23, 2001, transmitting the Hawaii State Public Library System's Annual Report for fiscal year ending June 30, 2001, pursuant to Sections 312-3.6 and 312-22, HRS.

    FILE

         

    10

    Dated November 30, 2001, transmitting the Department of Taxation Annual Report for Fiscal Year Ending June 30, 2001.

    FILE

         

    11

    Dated December 3, 2001, transmitting a report prepared by the Public Utilities Commission pursuant to Act 87, SLH 2000, relating to energy.

    FILE

         

    12

    Dated December 5, 2001, transmitting the Annual Report on Geothermal Royalties and Geothermal and Cable Development Activities, prepared by the Department of Land and Natural Resources, pursuant to Sections 182-18 and 196D-11, HRS.

    FILE

         

    13

    Dated December 5, 2001, transmitting the Annual Report on the North Shore Paukauila Streambank Erosion and Riparian Area Community Project, prepared by the Department of Land and Natural Resources pursuant to S.C.R. No. 223 (1995).

    FILE

         

    14

    Dated December 5, 2001, transmitting the Annual Report on the Status of the Kahoolawe Rehabilitation Trust Fund, prepared by the Kahoolawe Island Reserve Commission pursuant to Section 6K-9.5e, HRS.

    FILE

         

    15

    Dated December 10, 2001, transmitting the Annual Report on Identification of Streams and Rivers that Exhibit Special Natural Qualities Worthy of Protection for Fiscal Year Ending June 30, 2001, prepared by the Department of Land and Natural Resources, Commission on Water Resource Management, pursuant to Section 174C-31, HRS.

    FILE

         

    16

    Dated December 10, 2001, transmitting the Expenditure and Progress Report of Study Incorporating the State Agricultural Water Use and Development Plan into the State Water Projects Plan for Fiscal Year Ending June 30, 2001, prepared by the Department of Land and Natural Resources, Commission on Water Resource Management, pursuant to Act 259, SLH 2001.

    FILE

         

    17

    Dated December 10, 2001, transmitting the Project Funded Staff Services Budget Report for Fiscal Year Ending June 30, 2001, prepared by the Department of Land and Natural Resources pursuant to Act 259, SLH 2001.

    FILE

         

    18

    Dated December 12, 2001, transmitting the Annual Report Requesting Further Action on the Designation of a State Recreational and Historic Park and Nature Reserve at Kapua, Honomalino, Okoe, Kaulanamauna, and Manuka, Districts of South Kona and Kau, Island of Hawaii for Fiscal Year Ending June 30, 2001, prepared by the Department of Land and Natural Resources in response to S.C.R. No. 140 (2001).

    FILE

         

    19

    Dated December 12, 2001, transmitting the Annual Report of the Hawaii Historic Preservation Fund for Fiscal Year Ending June 30, 2001, prepared by the Department of Land and Natural Resources pursuant to Section 6E-3, HRS.

    FILE

         

    20

    Dated December 12, 2001, transmitting the Annual Report for the Implementation of Chapter 190D, HRS, Ocean and Submerged Lands Leasing for Fiscal Year Ending June 30, 2001, prepared by the Department of Land and Natural Resources and Department of Agriculture pursuant to Act 176, Section 12, SLH 1999.

    FILE

         

    21

    Dated December 12, 2001, transmitting the Status Report from the Task Force on Beach and Water Safety for Fiscal Year Ending June 30, 2001, prepared by the Department of Land and Natural Resources in conjunction with the Task Force on Beach and Water Safety pursuant to Act 101, SLH 1999.

    FILE

         

    22

    Dated December 14, 2001, transmitting the Report Requesting the Department of Land and Natural Resources to Negotiate with Kamehameha Schools, Bishop Museum, and the Office of Hawaiian Affairs to Lease Kalihi Valley Nature Park for a Native Hawaiian Education Center for Fiscal Year Ending June 30, 2001, prepared by the Department of Land and Natural Resources in response to H.C.R. No. 75 (2001).

    FILE

         

    23

    Dated December 14, 2001, transmitting the Annual Report on State Positions Assigned to Salary Ranges SC-1, SC-2, and SC-3 as of December, 2001, prepared by the Department of Human Resources Development pursuant to Section 77-13, HRS.

    FILE

         

    24

    Dated December 14, 2001, transmitting the Report on the Development of the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Operations Plan and Clarification of the State's Role and Responsibilities, prepared by the Department of Land and Natural Resources in response to S.C.R. No. 89 (2001).

    FILE

         

    25

    Dated December 14, 2001, transmitting the Report on the Assessment and Improvement Recommendations for the Molokai Irrigation System, prepared by Hawaii Agriculture Research Center pursuant to S.C.R. No. 43 (2001)

    FILE

         

    26

    Dated December 14, 2001, transmitting the Department of Agriculture's Annual Report pursuant to Act 100, SLH 1999.

    FILE

         

    27

    Dated December 14, 2001, transmitting the Annual Report on All Special, Trust, and Revolving Fund Transactions Carried Out Over the Previous Fiscal Year, prepared by the Department of Land and Natural Resources in response to H.C.R. No. 125 (1993).

    FILE

         

    28

    Dated December 17, 2001, transmitting the Annual Report of the Interagency Federal Revenue Maximization Revolving Fund for Fiscal Year 2000-2001, prepared by the Department of Accounting and General Services.

    FILE

         

    29

    Dated December 17, 2001, transmitting the Report on Various Cost Options on Customary Fee Profiles for Non-Institutional Health Care Providers, prepared by the Department of Human Services pursuant to Section 346-59, HRS.

    FILE

         

    30

    Dated December 17, 2001, transmitting the Report of the Task Force to Create a Master Plan for Water Quality and Flood Mitigation for Waimanalo, prepared by the Department of Land and Natural Resources in response to H.C.R. No. 120 (2000).

    FILE

         

    31

    Dated November 23, 2001, transmitting the Monthly Report on Expenditures for the Felix Consent Decree, Felix Special Monitor, and Felix Monitoring Project, prepared by the Department of Education pursuant to Act 259, Section 53, SLH 2001.

    FILE

         

    32

    Dated December 17, 2001, transmitting the Department of Accounting and General Services' Annual Report of Claims and Lawsuits Arbitrated, Compromised, or Settled for $10,000 or Less for Fiscal Year 2000-2001

    FILE

         

    33

    Dated December 17, 2001, transmitting the Report on the Status of the Native Hawaiian Rehabilitation Fund, prepared by the Department of Hawaiian Home Lands pursuant to H.C.R. No. 54 (2001).

    FILE

         

    34

    Dated December 17, 2001, transmitting the Financial Report of the Special Unemployment Insurance Fund Revenues and Expenditures for the Fiscal Year Ending June 30, 2001, pursuant to Section 383-127, HRS.

    FILE

         

    35

    Dated December 17, 2001, transmitting the Department of Accounting and General Services' Annual Report of the State Educational Facilities Improvement Special Fund for Fiscal Year 2000-2001.

    FILE

         

    36

    Dated December 17, 2001, transmitting the Department of Accounting and General Services' Annual Report on Goals and Objectives--January 2002, pursuant to Act 100, SLH 1999.

    FILE

         

    37

    Dated December 17, 2001, transmitting the Annual Report of Stadium Authority, Stadium Special Fund Statement of Receipts, Expenditures and Transfers for the Fiscal Year Ended June 30, 2001, prepared by the Department of Accounting and General Services pursuant to Section 109-3, HRS.

    FILE

         

    38

    Dated December 17, 2001, transmitting the Project-Funded Staff Services Budget Report for the Period July 1, 2001, to June 30, 2002, prepared by the Department of Accounting and General Services pursuant to Act 259, Section 105, SLH 2001.

    FILE

         

    39

    Dated December 17, 2001, transmitting the Variance Report for Fiscal Years 2001 and 2002, pursuant to Section 37-75, HRS.

    FILE

         

    40

    Dated December 17, 2001, transmitting the Hawaii School Repair and Maintenance Fund Progress Report, prepared by the Department of Accounting and General Services pursuant to Act 309, Section 4, SLH 2001.

    FILE

         

    41

    Dated December 17, 2001, transmitting the Report Regarding Establishment of Official Policy Supporting Native Hawaiian Culture and Arts, prepared by the State Foundation on Culture and the Arts pursuant to S.C.R. No. 76 (2001).

    FILE

         

    42

    Dated December 17, 2001, transmitting the Progress Report on the Feasibility of Acquiring the No. 1 Capitol District, pursuant to H.C.R. No. 192 (2000).

    FILE

         

    43

    Dated December 17, 2001, transmitting the Hawaii Civil Rights Commission's Annual Report for Fiscal Year Ending June 30, 2001.

    FILE

         

    44

    Dated December 19, 2001, transmitting a Report Relating to Government Operations, prepared by the University of Hawaii pursuant to Act 100, SLH 1999.

    FILE

         

    45

    Dated December 19, 2001, transmitting the Annual Report of the Public Utilities Commission for Fiscal Year 2000-2001.

    FILE

         

    46

    Dated December 19, 2001, transmitting a Report Relating to the Feasibility, Benefits, and Costs of Establishing a Comprehensive, Linked K-16 Database in the State of Hawaii, prepared by the University of Hawaii pursuant to S.C.R. No. 99 (2001).

    FILE

         

    47

    Dated December 20, 2001, transmitting the Report on Expenditures to Pay Unemployment Compensation Claims of Former State Employees, prepared by the Department of Human Services Development pursuant to Act 259, Section 83, SLH 2001.

    FILE

         

    48

    Dated December 19, 2001, transmitting the Department of Human Services' Interim Report pursuant to Act 273, SLH 2001.

    FILE

         

    49

    Dated December 20, 2001, transmitting a report prepared by the University of Hawaii pursuant to Section 304-16.5, HRS, on Fiscal Year 2000-2001 University of Hawaii Tuition and Fees Special Fund Expenditures for the Purpose of Generating Private Donations.

    FILE

         

    50

    Dated December 20, 2001, transmitting a report prepared by the University of Hawaii pursuant to Act 193, SLH 2001, Transfers to the University of Hawaii Commercial Enterprises Revolving Fund.

    FILE

         

    51

    Dated December 21, 2001, transmitting the Department of Human Resources Development's Itemized Expenditure Report for Fiscal Year Ending June 30, 2001, pursuant to Act 91, Section 60, SLH 1999.

    FILE

         

    52

    Dated December 27, 2001, transmitting the Monthly Report by the Governor on Actions Taken Under Act 15, Third Special Session of 2001.

    FILE

         

    53

    Dated December 19, 2001, transmitting the Insurance Commissioner's Annual Report on the Use of the Insurance Regulation Fund for the Fiscal Year 2000-2001, pursuant to Section 431:2-215, HRS.

    FILE

         

    54

    Dated December 20, 2001, transmitting the Annual Report on the Hawaii Research Center for Future Studies, prepared by the University of Hawaii pursuant to Section 222-3, HRS.

    FILE

         

    55

    Dated December 20, 2001, transmitting the Report on the Spouse and Child Abuse Special Account, prepared by the Department of Human Service, Social Services Division, pursuant to Act 232, Section 2, SLH 1994.

    FILE

         

    56

    Dated December 20, 2001, transmitting a Report Relating to the State Budget, prepared by the Department of Human Services, Social Services Division, pursuant to Act 259, SLH 2001.

    FILE

         

    57

    Dated December 20, 2001, transmitting a Report on the Progress of Establishing the Reasonable Cost to be Assessed to the Permittees as Defined by Water Use Permit Applications, prepared by the Department of Land and Natural Resources, Commission on Water Resource Management, pursuant to Act 259, Section 20, SLH 2001.

    FILE

         

    58

    Dated December 20, 2001, transmitting a Report Requesting an Investigation of the Impacts of Increased Public Access on Kaawaloa and Kealakekua Bay, Island of Hawaii, prepared by the Department of Land and Natural Resources pursuant to S.C.R. No. 139 (2001).

    FILE

         

    59

    Dated December 20, 2001, transmitting a Report on Equipment Modernization Efforts by the Bureau of Conveyances, prepared by the Department of Land and Natural Resources pursuant to Act 259, Section 69, SLH 2001.

    FILE

         

    60

    Dated December 20, 2001, transmitting the Report on the Hawaii Caves Task Force for Fiscal Year Ending June 30, 2001, prepared by the Department of Land and Natural Resources pursuant to S.C.R. No. 85 (2001).

    FILE

         

    61

    Dated December 21, 2001, transmitting the Violent Firearm Crime Coalition Report, prepared by the Department of the Attorney General pursuant to Act 127, SLH 2000.

    FILE

         

    62

    Dated December 21, 2001, transmitting a Report on All Backlogs Pertaining to the Repair and Maintenance of Small Boat Harbors and Expenditures Made to Reduce Backlogs for the Period July 1, 2000 to December 15, 2001, prepared by the Department of Land and Natural Resources, Division of Boating and Ocean Recreation, pursuant to Act 259, Section 62, SLH 2001.

    FILE

         

    63

    Dated December 21, 2001, transmitting a Report on the Development of a Master Plan for Pohoiki Boat Ramp, prepared by the Department of Land and Natural Resources, Division of Boating and Ocean Recreation, pursuant to S.C.R. No. 118 (1999).

    FILE

         

    64

    Dated December 27, 2001, transmitting a Report Requiring All Departments and Agencies to Identify Their Goals, Objectives, and Policies, to Provide a Basis for Determining Priorities and Allocating Limited Public Funds and Human Resources, prepared by the Department of Land and Natural Resources pursuant to Act 100, Sections 6 and 7, SLH 1999.

    FILE

         

    65

    Dated December 27, 2001, transmitting a Report on the Department of the Attorney General's 2002 Goals and Objectives, pursuant to Act 100, Section 7, SLH 1999.

    FILE

         

    66

    Dated December 27, 2001, transmitting the Department of Budget and Finance's Plan of Action for Implementation of Goals and Objectives, pursuant to Act 100, SLH 1999.

    FILE

         

    67

    Dated December 27, 2001, transmitting the Report of the Mandated Benefits Advisory Task Force, prepared by the Department of Commerce and Consumer Affairs, Insurance Division, pursuant to H.C.R. No. 129 (2001).

    FILE

         

    68

    Dated December 27, 2001, transmitting the Department of Labor and Industrial Relations' Annual Report, pursuant to Section 371-7, HRS.

    FILE

         

    69

    Dated December 27, 2001, transmitting a Report on the Goals and Objectives for the Department of Human Resources Development, pursuant to Act 100, SLH 1999.

    FILE

         

    70

    Dated December 28, 2001, transmitting the 2001 Annual Update Report on Home Property Liens, prepared by the Department of Human Services pursuant to Section 346-29.5, HRS.

    FILE

         

    71

    Dated December 28, 2001, transmitting the Annual Report on the Status of the Issuance of Incidental Take Licenses for Endangered, Threatened, Proposed, and Candidate Species; and the Condition of the Endangered Species Trust Fund, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Section 195D-26, HRS.

    FILE

         

    72

    Dated December 31, 2001, transmitting a Report on the Financial Statements of the State Educational Facilities Repair and Maintenance Fund and State Physical Plant Operations and Maintenance fund and Project Status as of November 30, 2001, prepared by the Department of Accounting and General Services pursuant to Act 316, SLH 2001.

    FILE

         

    73

    Dated December 31, 2001, transmitting the Pesticide Use Revolving Fund Annual Report for Fiscal Year Ending June 30, 2001, prepared by the Department of Agriculture pursuant to Act 154, SLH 2000.

    FILE

         

    74

    Dated January 2, 2002, transmitting the Annual Evaluation of the Hawaii Unemployment Compensation Fund, prepared by the Department of Labor and Industrial Relations pursuant to Section 383-126.5, HRS.

    FILE

         

    75

    Dated January 2, 2002, transmitting a Report on the Feasibility of a Wind Resistive Device Grant Program, prepared by the Hawaii Hurricane Relief Fund's Technical Advisory Committee on Hazard Mitigation pursuant to Act 153, SLH 2000.

    FILE

         

    76

    Dated January 3, 2002, transmitting the Office of Information Practices' Annual Report for Fiscal Year Ending June 30, 2001.

    FILE

         

    77

    Dated January 3, 2002, transmitting the Department of the Attorney General Enforcement Unit's Annual Report for the Fiscal Year Ending June 30, 2001, pursuant to Act 249, SLH 2000, and Act 270, SLH 2001.

    FILE

         

    78

    Dated January 3, 2002, transmitting the Department of the Attorney General's Report on the Receipts and Expenditures of the Antitrust Trust Fund, pursuant to Section 28-13, HRS.

    FILE

         

    79

    Dated January 3, 2002, transmitting the Final Report on Convening a Working Group to Study Conditions at Punaluu and Kamehame Beaches, prepared by the Department of Land and Natural Resources pursuant to S.C.R. No. 89 (2000).

    FILE

         

    80

    Dated January 3, 2002, transmitting the Department of Defense Annual Report for Fiscal Year Ending June 30, 2001.

    FILE

         

    81

    Dated January 3, 2002, transmitting a Report on the Reevaluation of the Boundaries of the Hilo Bay Recreational Thrill Craft Zone, prepared by the Department of Land and Natural Resources, Division of Boating and Ocean Recreation, pursuant to H.C.R. No. 56 (2001).

    FILE

         

    82

    Dated January 16, 2002, transmitting the Executive Supplemental Budget -- Budget Period 2001-2003.

    FILE

         

    83

    Dated January 4, 2002, transmitting The Research Corporation of the University of Hawaii's Annual Report for the Fiscal Year Ending June 30, 2001, pursuant to Chapter 307, HRS.

    FILE

         

    84

    Dated January 7, 2002, transmitting the Asset Forfeiture Annual Report for Fiscal Year Ending June 30, 2001, prepared by the Department of the Attorney General pursuant to Section 712A-16, HRS.

    FILE

         

    85

    Dated January 7, 2002, transmitting the Progress Report on State Irrigation Program's Self-Sufficiency, prepared by the Department of Agriculture pursuant to Act 259, Section 6, SLH 2001.

    FILE

         

    86

    Dated January 9, 2002, transmitting the Coordinated Care Organization Review Task Force Report, pursuant to Act 166, SLH 1998.

    FILE

         

    87

    Dated January 10, 2002, transmitting the Department of Defense's Report Relating to Government Operations, pursuant to Act 100, SLH 1999.

    FILE

         

    88

    Dated January 10, 2002, transmitting a Report on the Progress of Assessing the Cultural Sites and Burial Remains in Makua Valley and the Monitoring of These Cultural Sites and Burial Sites, prepared by the Department of Land and Natural Resources pursuant to Act 159, Section 61, SLH 2001.

    FILE

         

    89

    Dated January 10, 2002, transmitting the Progress Report on Expenditures and Effectiveness of Invasive Species Programs for the Period July 1, 2001 to October 31, 2001, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Act 259, Section 18, SLH 2001.

    FILE

         

    90

    Dated January 10, 2002, transmitting the Report on the Status of the Wildlife Revolving Fund 2000-2001, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Section 183-10.5, HRS.

    FILE

         

    91

    Dated January 10, 2002, transmitting the Report of Findings on Adjustments to the Compensation Plans, prepared by the Public Employees Compensation Appeals Board pursuant to Chapter 77, HRS.

    FILE

         

    92

    Dated January 11, 2002, transmitting the Barbers Point Naval Air Station Redevelopment Commission's Annual Report for Fiscal Year Ending June 30, 2001.

    FILE

         

    93

    Dated January 11, 2002, transmitting the Hawaii Community Development Authority's 2001 Annual Report, pursuant to Chapter 206E, HRS.

    FILE

         

    94

    Dated January 14, 2002, transmitting the Aloha Tower Development Corporation's Annual Report for Fiscal Year Ending June 30, 2001.

    FILE

         
  3. Departmental Communications: None
  4. House Communications: None
  5. Senate Communications: None
  6. Judiciary Communications: None
  7. Introduction of Measures
  8. ORDER OF THE DAY

  9. Miscellaneous Communications: None
  10. Miscellaneous Business
  11. Announcements
  12. Adjournment