THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

TWELFTH DAY

February 4, 2002-Monday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Mr. Seaward B. Grant, C.S.

The First Church of Christ Scientists

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: None
  2. Departmental Communications: None
  3. House Communications: None
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Introduction of Measures
  7. Standing Committee Report Nos. 2008-2010

    8. 2008

    (One Day Notice)

    (EDU)

    S.C.R. No. 1

    "CONTINUING THE JOINT SENATE-HOUSE INVESTIGATIVE COMMITTEE TO INVESTIGATE THE STATE'S EFFORTS TO COMPLY WITH THE FELIX CONSENT DECREE."

    (Recommends Adoption)

    2009

    (HHS)

    S.B. No. 2021, S.D. 1

    "RELATING TO ENROLLMENT IN THE CHILDREN'S HEALTH INSURANCE PROGRAM."

    (Recommends passage on SECOND READING and referral to Ways and Means)

    2010

    (HHS)

    S.B. No. 2039, S.D. 1

    "RELATING TO VISITATION."

    (Recommends passage on SECOND READING and referral to Judiciary)

     

    ORDER OF THE DAY

  8. Referrals and Re-Referrals

    9. REFERRALS FOR MONDAY, FEBRUARY 4, 2002

    S.C.R. NO.

    TITLE

    REFERRAL
         

    2

    REQUESTING THE APPOINTMENT OF AFGHAN WOMEN TO THE PROVISIONAL GOVERNMENT OF AFGHANISTAN TO ENSURE EQUITABLE TREATMENT OF WOMEN IN THE NEW GOVERNMENT.

    (Appointment of Afghani Women to the Provisional Government)

    TIA, JDC
         

    3

    SUPPORTING THE TANF REAUTHORIZATION ACT OF 2001 (HR 3113).

    (Supporting TANF Reauthorization Act of 2001)

    EDU/HHS, WAM
         

    4

    ENCOURAGING SCHOOLS IN HAWAII TO ENCOURAGE CALCIUM INTAKE, ESPECIALLY IN YOUNG WOMEN, AND SUPPORTING EDUCATION AND AWARENESS OF CALCIUM DEFICIENCY.

    (Calcium Initiative)

    HHS
         

    5

    REQUESTING THE DEPARTMENT OF HEALTH, IN COOPERATION WITH THE DEPARTMENT OF EDUCATION, TO ESTABLISH A SUN PROTECTION POLICY FOR ELEMENTARY SCHOOL CHILDREN AND A SUN PROTECTION PROGRAM TO EDUCATE ELEMENTARY SCHOOL CHILDREN AND THEIR PARENTS.

    (Sun Protection; Depts. of Education and Health; Establish Policy)

    HHS/EDU
         

    6

    REQUESTING THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF EDUCATION TO JOINTLY DETERMINE WHETHER THE DIAGNOSIS OF CHILDREN WITH "ATTENTION DEFICIT DISORDER" OR "ATTENTION DEFICIT HYPERACTIVITY DISORDER" IN HAWAII HAS BEEN EXCESSIVE, WHETHER HAWAII'S CHILDREN ARE BEING SUBJECTED TO EXCESSIVE USE OF PSYCHIATRIC DRUGS TO MODIFY THEIR BEHAVIOR, AND TO RESEARCH, EXAMINE, AND RECOMMEND NON-DRUG ALTERNATIVES.

    (Attention Deficit Disorder; Diagnosis)

    HHS/EDU
         

    7

    EXPRESSING SUPPORT FOR THE TANF REAUTHORIZATION ACT OF 2001.

    (Temporary Assistance to Needy Families)

    EDU/HHS, WAM
         

    8

    REQUESTING EACH COUNTY TO DEVELOP A PLAN FOR THE REGULAR MAINTENANCE OF THE CHANNELS, STREAMBEDS, STREAMBANKS, AND DRAINAGEWAYS LOCATED IN THE COUNTY.

    (Counties; requested to develop plans for regular maintenance of channels, streambeds, streambanks, and drainageways located in the county.)

    WLE/TIA
         

    9

    EXTENDING THE REPORTING DATE OF THE TASK FORCE TO IMPROVE THE EFFICIENCY OF LAW ENFORCEMENT AND PUBLIC SAFETY AGENCIES.

    (Public Safety Task Force.)

    TMG, JDC
         

    10

    REQUESTING A CONGRESSIONAL RESOLUTION THAT A SIGNIFICANT PORTION OF EVERY MILITARY AND SECURITY PREPARATIONS AND OPERATIONS DOLLAR BE EARMARKED FOR A PEACEMAKING PROCESS.

    (World Peace; Hawaii Conference)

    TIA/TMG
         

    11

    REQUESTING AN AUDIT OF THE ENERGY, RESOURCES, AND TECHNOLOGY DIVISION OF THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM.

    (DBEDT; Energy, Resources, and Technology Division Audit)

    WLE, WAM
         

    12

    REQUESTING THE CONGRESS OF THE UNITED STATES TO REPEAL THE PASSENGER SERVICES ACT OF 1886.

    (Requesting the congress of the United States to Repeal the Passenger Services Act 1886.)

    TMG/EDT
         

    13

    CONCERNING THE PROPOSED MERGER OF HAWAIIAN AND ALOHA AIRLINES.

    (Interisland carrier monopoly; regarding the proposed merger of Hawaiian and Aloha airlines.)

    TMG/CPH/TIA, JDC
         

    14

    REQUESTING CONGRESS TO EXEMPT HAWAII, ALASKA, GUAM, AND PUERTO RICO FROM THE JONES ACT FOR THE HEALTH, SAFETY, AND SECURITY OF THEIR RESIDENTS.

    (Jones Act; Ask Congress to Repeal)

    TMG/TIA
         

    15

    CREATING A WORKING GROUP OF REPRESENTATIVES FROM HAWAIIAN ORGANIZATIONS AND THE DEPARTMENT OF HEALTH TO FORM A COALITION TO PROVIDE BETTER ACCESS TO STATE VITAL STATISTICS RECORDS.

    (DOH, Hawaiians, access to records)

    HAW/HHS
         

    16

    REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF HYPNOTHERAPISTS.

    (Hypnotherapists; Licensing)

    HHS, CPH
         

    17

    REQUESTING THE AUDITOR TO ASSESS THE SOCIAL AND FINANCIAL EFFECTS OF REQUIRING HEALTH INSURERS TO OFFER COVERAGE FOR BIOLOGICALLY BASED PSYCHIATRIC AND ADDICTION DISORDERS.

    (Hypnotherapists; Licensing)

    HHS, CPH
         

    18

    ADOPTING OUTCOME INDICATORS OF WELL-BEING FOR HAWAII'S CHILDREN AND FAMILIES.

    (Hawaii's Children and Families)

    HHS/EDU
         

    19

    RELATING TO THE BIENNIAL REVIEW OF THE COMPENSATION PLANS AND THE COSTS THEREOF.

    (Biennial Review of the Compensation Plans)

    LBR, WAM
         

    20

    AUTHORIZING THE LEASE OF EASEMENT COVERING PORTION OF SUBMERGED LANDS AT MAUNALUA, OAHU, HAWAII, FOR MAINTENANCE OF THE HAWAII KAI MARINA ENTRANCE CHANNEL PURPOSES.

    (Maintenance of the Hawaii Kai Marina Entrance Channel)

    WLE/EDT, WAM
         

    21

    AUTHORIZING THE LEASE OF EASEMENT COVERING PORTION OF SUBMERGED LANDS AT LAHAINA, MAUI, HAWAII, FOR CONCRETE PIER AND DECK PURPOSES.

    WLE, WAM
         

    22

    AUTHORIZING THE LEASE OF SUBMERGED LANDS AT ALA WAI SMALL BOAT HARBOR FOR REDEVELOPMENT, MANAGEMENT, AND OPERATION BY QUALIFIED PRIVATE ENTITIES FOR MARINA PURPOSES.

    WLE/EDT/TMG, WAM
         

    23

    AUTHORIZING THE LEASE OF SUBMERGED LANDS AT KEEHI SMALL BOAT HARBOR FOR REDEVELOPMENT, MANAGEMENT, AND OPERATION BY QUALIFIED PRIVATE ENTITIES FOR MARINA PURPOSES.

    WLE/EDT/TMG, WAM
         

    24

    AUTHORIZING THE LEASE OF EASEMENT COVERING PORTION OF SUBMERGED LANDS AT MAUNALUA, HONOLULU, OAHU, FOR MAINTENANCE OF BREAKWATER PURPOSES.

    WLE/TMG, WAM
         

    25

    AUTHORIZING THE BOARD OF LAND AND NATURAL RESOURCES TO LEASE SUBMERGED AND TIDAL LANDS OF THE ALA WAI AND HONOKOHAU SMALL BOAT HARBORS TO PRIVATE ENTITIES FOR COMMERCIAL, RECREATIONAL, EDUCATIONAL, AND RESEARCH PURPOSES.

    (Submerged lands lease authorization.)

    WLE/EDT/TMG, WAM
         

    26

    REQUESTING AND SUPPORTING IMPLEMENTATION OF A SINGLE ENTRY POINT SYSTEM FOR LONG-TERM CARE SERVICES.

    (Single Entry Point System for Long-Term Care)

    HHS, WAM
         

    27

    REQUESTING AN EVALUATION OF THE PROBLEMS OF LEASES ON PUBLIC LANDS DUE TO EXPIRE.

    (Public Lands Leasing; DLNR to evaluate and recommend changes.)

    WLE, WAM
         

    28

    REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION TO REVIEW THE STATE OF HAWAII'S PHOTO TRAFFIC ENFORCEMENT PROGRAM.

    (Requesting State Transportation Commission to review Hawaii's photo traffic enforcement demonstration program.)

    TMG
         

    S.R. NO.

    TITLE

    REFERRAL
         

    1

    REQUESTING THE APPOINTMENT OF AFGHAN WOMEN TO THE PROVISIONAL GOVERNMENT OF AFGHANISTAN TO ENSURE EQUITABLE TREATMENT OF WOMEN IN THE NEW GOVERNMENT.

    (Appointment of Afghani Women to the Provisional Government)

    TIA, JDC
         

    2

    SUPPORTING THE TANF REAUTHORIZATION ACT OF 2001 (HR 3113).

    (Supporting TANF Reauthorization Act of 2001)

    EDU/HHS, WAM
         

    3

    ENCOURAGING SCHOOLS IN HAWAII TO ENCOURAGE CALCIUM INTAKE, ESPECIALLY IN YOUNG WOMEN, AND SUPPORTING EDUCATION AND AWARENESS OF CALCIUM DEFICIENCY.

    (Calcium Initiative)

    HHS
         

    4

    REQUESTING THE DEPARTMENT OF HEALTH, IN COOPERATION WITH THE DEPARTMENT OF EDUCATION, TO ESTABLISH A SUN PROTECTION POLICY FOR ELEMENTARY SCHOOL CHILDREN AND A SUN PROTECTION PROGRAM TO EDUCATE ELEMENTARY SCHOOL CHILDREN AND THEIR PARENTS.

    (Sun Protection; Depts. of Education and Health; Establish Policy)

    HHS/EDU
         

    5

    REQUESTING THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF EDUCATION TO JOINTLY DETERMINE WHETHER THE DIAGNOSIS OF CHILDREN WITH "ATTENTION DEFICIT DISORDER" OR "ATTENTION DEFICIT HYPERACTIVITY DISORDER" IN HAWAII HAS BEEN EXCESSIVE, WHETHER HAWAII'S CHILDREN ARE BEING SUBJECTED TO EXCESSIVE USE OF PSYCHIATRIC DRUGS TO MODIFY THEIR BEHAVIOR, AND TO RESEARCH, EXAMINE, AND RECOMMEND NON-DRUG ALTERNATIVES.

    (Attention Deficit Disorder; Diagnosis)

    HHS/EDU
         

    6

    REQUESTING THE CONGRESS OF THE UNITED STATES TO REPEAL THE PASSENGER SERVICES ACT OF 1886.

    (Requesting the Congress of the United States to Repeal the Passenger Services Act of 1886.)

    TMG/EDT
         

    7

    CONCERNING THE PROPOSED MERGER OF HAWAIIAN AND ALOHA AIRLINES.

    (Interisland carrier monopoly; regarding the proposed merger of Hawaiian and Aloha airlines.)

    TMG/CPH/TIA, JDC
         

    8

    REQUESTING CONGRESS TO EXEMPT HAWAII, ALASKA, GUAM, AND PUERTO RICO FROM THE JONES ACT FOR THE HEALTH, SAFETY, AND SECURITY OF THEIR RESIDENTS.

    (Jones Act; Ask Congress to Repeal)

    TMG/TIA
         

    9

    REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION TO REVIEW THE STATE OF HAWAII'S PHOTO TRAFFIC ENFORCEMENT PROGRAM.

    (Requesting State Transportation Commission to review Hawaii's photo traffic enforcement demonstration program.)

    TMG
         
         

    RE-REFERRALS FOR MONDAY, FEBRUARY 4, 2002
         

    S.B. NO.

    TITLE

    RE-REFERRAL
         

    2029

    PROPOSING AN AMENDMENT TO ARTICLE XVI OF THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO GAMBLING.

    (Gambling; Proposed Constitutional Ban) (TMG/TIA/JDC, WAM)

    HHS/TMG/TIA/JDC, WAM
         

    2194

    RELATING TO TRAFFIC ENFORCEMENT.

    (Repeal of traffic enforcement demonstration project; automated enforcement devices; prohibition of use) (TMG/JDC, WAM)

    TMG/TIA/JDC, WAM
         

    2326

    RELATING TO A REFERENDUM ON GAMING.

    (Gaming Referendum)

    (TMG/TIA/JDC, WAM)

    HHS/TMG/TIA/JDC, WAM
         

    2780

    RELATING TO SMOKING.

    (Smoking) (HHS/CPH, JDC)

    HHS, CPH, JDC
         

    2817

    RELATING TO THE REPEAL OF NULL AND VOID AND UNNECESSARY ADMINISTRATIVE RULES.

    (Repeal of Null and Void and Unnecessary Administrative Rules) (TMG, WAM)

    TMG/CPH, WAM
         

    2889

    RELATING TO LIABILITY.

    (Tort Liability; County Lifeguard) (EDT/WLE/TIA, JDC)

    EDT/TIA, JDC
         

    2918

    RELATING TO MOTOR CARRIERS.

    (Property Carriers; Deregulation)

    (TMG, CPH)

    TMG/CPH, WAM
         

    2958

    RELATING TO THE PETROLEUM INDUSTRY.

    (Petroleum Industry, Reports)

    (TMG/EDT, CPH)

    TMG/EDT/CPH, WAM
         

    2963

    RELATING TO ACCOUNTANCY.

    (Accountancy) (CPH)

    CPH/JDC, WAM
         

    3002

    RELATING TO ANTITRUST LAW.

    (Interisland Air Carrier Mergers; Evaluation) (TMG/CPH/TIA, JDC)

    TMG/CPH/TIA/JDC, WAM
         

    3054

    RELATING TO ACQUIRED IMMUNE DEFICIENCY SYNDROME VACCINATIONS.

    (HIV Vaccinations; Mandated health coverage) (HHS, CPH)

    HHS, CPH, WAM
         
  9. Miscellaneous Communications: None
  10. Miscellaneous Business
  11. Announcements
  12. Adjournment