THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

THIRTEENTH DAY

February 5, 2002-Tuesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Joseph Grimaldi

Vicar General, Diocese of Honolulu

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 143-163

    2. G.M. NO.

    TITLE

    REFERRAL
         

    143

    Dated January 10, 2002, transmitting the Contraceptive Services Report, prepared by Department of Commerce and Consumer Affairs, Insurance Division, pursuant to Act 267, SLH 1999.

    FILE
         

    144

    Dated January 10, 2002, transmitting the Annual External Review Report, prepared by the Department of Commerce and Consumer Affairs, Insurance Division, pursuant to Section 432E-13, HRS.

    FILE
         

    145

    Dated January 22, 2002, transmitting the Report on Implementation of the State Plan for Substance Abuse, prepared by the Department of Health, Alcohol and Drug Abuse Division, pursuant to Section 321-195, HRS.

    FILE
         

    146

    Dated January 25, 2002, transmitting the 2001 Annual Report prepared by the High Technology Development Corporation.

    FILE
         

    147

    Dated January 28, 2002, transmitting the Report Relating to Fees Collected by the Department of Health for the Domestic Violence Prevention Special Fund, prepared by the Department of Health pursuant to Act 216, SLH 1997.

    FILE
         

    148

    Dated January 25, 2002, transmitting the Project-Funded Staff Services Budget Report, prepared by the Hawaii Community Development Authority pursuant to Act 259, Section 92, SLH 2001.

    FILE
         

    149

    Dated January 28, 2002, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of December, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001

    FILE
         

    150

    Dated January 8, 2002, transmitting the Report on Substance Abuse Treatment for Offenders, prepared by the Department of Health, Alcohol and Drug Abuse Division, pursuant to Act 259, Section 32, SLH 2001.

    FILE
         

    151

    Dated January 28, 2002, transmitting the Report by the Hawaii Advisory Commission on Drug Abuse and Controlled Substances, pursuant to Section 329-3, HRS.

    FILE
         

    152

    Dated January 28, 2002, transmitting the Report Regarding Maternal and Child Health Services and Contract Services for Home Visitation to Support the Healthy Start Program, prepared by the Department of Health pursuant to Act 259, Section 25, SLH 2001.

    FILE
         

    153

    Dated January 28, 2002, transmitting the Report Relating to the State Water Pollution Control Revolving Fund of the Department of Health, prepared by the Department of Health, Environmental Health Administration, Environmental Management Division, Wastewater Branch, pursuant to Sections 342D-80 through 342D-87, HRS.

    FILE
         

    154

    Dated January 28, 2002, transmitting the Annual Report Establishing the Primary Health Care Incentive Program and the Primary Care Roundtable, prepared by the Department of Health pursuant to Act 41, SLH 1992.

    FILE
         

    155

    Dated January 28, 2002, transmitting the Department of Agriculture's Annual Report for Fiscal Year 2001.

    FILE
         

    156

    Dated January 29, 2002, transmitting the Report Relating to Youth Services, prepared by the Department of Human Services, Office of Youth Services, pursuant to Act 253, SLH 2001.

    FILE
         

    157

    Dated January 29, 2002, transmitting the Report of the Revenues and Expenditures of the Hawaii National Guard Youth Challenge Academy, pursuant to Act 259, Section 47, SLH 2001.

    FILE
         

    158

    Dated January 29, 2002, transmitting the Department of Human Services' Annual Report for the Fiscal Year Ending June 30, 2001, pursuant to Act 231, SLH 2001.

    FILE
         

    159

    Dated January 31, 2002, transmitting the Report on the Hawaii State Incentive Grant, Youth Substance Abuse Prevention Strategy, 2001.

    FILE
         

    160

    Dated January 31, 2002, transmitting the Report Relating to the Drinking Water Treatment Revolving Loan Fund of the Department of Health, prepared by the Department of Health pursuant to Sections 340E-31 through 340E-41, HRS.

    FILE
         

    161

    Dated February 1, 2002, transmitting the Assessment of the Repair and Maintenance Needs of the State's War Memorials and Veteran's Cemeteries, prepared by the Department of Defense, Office of Veterans Services, pursuant to Section 363-3, HRS.

    FILE
         

    162

    Dated February 4, 2002, transmitting the Report on the Status of the Environmental Health Education Fund as Established by Act 169, SLH 1994, prepared by the Department of Health.

    FILE
         

    163

    Dated February 4, 2002, transmitting the Annual Report of the Radiologic Technology Board for the Fiscal Year 2000-2001, pursuant to Chapter 466J, HRS.

    FILE
         
         
  2. Departmental Communications: No(s). 10-12

    3. D.C. NO.

    TITLE

    REFERRAL
         

    10

    From the Department of Education dated January 18, 2002, transmitting the Financial Report of the Department of Education for the Period July 1, 2000 to June 30, 2001.

    FILE
         

    11

    From the State Auditor dated February 1, 2002, transmitting a report, "New Century School Allocations Project - FY2001-2002," (Report No. 02-03).

    FILE
         

    12

    From the State Auditor dated January 30, 2002, transmitting a report, "Management Audit of the Department of Education's Storeroom," (Report No. 02-02).

    FILE
         
         
  3. House Communications: None
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Introduction of Measures
  7. Standing Committee Report Nos. 2011-2016

    8. 2011

    (HHS)

    S.B. No. 2086, S.D. 1

    "RELATING TO PREPAID HEALTH CARE PLAN."

    (Recommends passage on SECOND READING and referral to CPH)
         
         

    2012

    (HHS)

    S.B. No. 2089, S.D. 1

    "RELATING TO REGULATION OF PRESCRIPTIVE AUTHORITY OVER CONTROLLED SUBSTANCES."

    (Recommends passage on SECOND READING and referral to CPH)
         
         

    2013

    (HHS)

    S.B. No. 2091

    "RELATING TO MENTAL HEALTH, ALCOHOL, AND DRUG ABUSE."

    (Recommends passage on SECOND READING and referral to CPH)
         
         

    2014

    (HHS)

    S.B. No. 2092, S.D. 1

    "RELATING TO STANDARDIZED INSURANCE FORMS."

    (Recommends passage on SECOND READING and referral to CPH)
         
         

    2015

    (HHS)

    S.B. No. 2351, S.D. 1

    "RELATING TO NURSING EDUCATION."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    2016

    (HHS)

    S.B. No. 2140

    "RELATING TO PRESUMPTIVE MEDICAID ELIGIBILITY FOR PREGNANT WOMEN."

    (Recommends passage on SECOND READING and referral to WAM)
         
         
         

    ORDER OF THE DAY

  8. Deferred Matters - Adopt Resolutions

    9. 2008

    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."
         
         
  9. Re-Referrals

    10. RE-REFERRALS FOR TUESDAY, FEBRUARY 5, 2002
         

    H.C.R. NO.

    TITLE

    RE-REFERRAL
         

    7, H.D. 1

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

    (Continuing the Joint Felix Investigative Committee.) (EDU/HHS, WAM)

    EDU, WAM
         

    S.B. NO.

    TITLE

    RE-REFERRAL
         

    2010

    RELATING TO PRESCRIPTION DRUGS.

    (Drug Assistance for Seniors)

    (CPH/HHS, WAM)

    CPH, WAM
         

    2031

    RELATING TO PERMITS AND FEES FOR STATE SMALL BOAT HARBORS.

    (Small Boat Harbors; Permits and Fees)

    (WLE/EDT, WAM)

    EDT, WAM
         

    2035

    RELATING TO EDUCATION.

    (Education) (EDU)

    EDU, WAM
         

    2056

    RELATING TO THE BOARD OF EDUCATION.

    (Board of Education; Electoral College)

    (EDU, JDC)

    EDU/JDC, WAM
         

    2083

    RELATING TO PUBLIC SERVICE.

    (Organ Donation) (TIA/LBR, WAM)

    LBR, WAM
         

    2105

    RELATING TO HUMAN SERVICES.

    (Prescription Drug Coverage)

    (HHS/CPH, WAM)

    HHS, WAM
         

    2249

    RELATING TO INCOME TAX CHECK-OFF.

    (Income Tax Check-Off; Hawaii Election Campaign Fund) (TMG, WAM)

    JDC/TMG, WAM
         

    2259

    RELATING TO ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES.

    (Campaign Contributions; State and County Contractors) (TMG/TIA, JDC)

    JDC/TMG/TIA
         

    2265

    RELATING TO CRUELTY TO ANIMALS.

    (Animals, Custody, Cruelty Actions)

    (TIA, JDC)

    TIA/JDC, WAM
         

    2302

    RELATING TO HEALTH INSURANCE.

    (Health Insurance; Rate Regulation) (HHS/CPH/JDC)

    CPH/HHS, WAM
         

    2312

    RELATING TO HIGHWAYS.

    (Highways; Removal of Obstructions; Liability) (TMG, JDC)

    TMG/JDC, WAM
         

    2362

    PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION TO REQUIRE THE REAPPORTIONMENT COMMISSION TO REAPPORTION STATE SENATE DISTRICTS INTO MULTI-MEMBER DISTRICTS WHERE PRACTICABLE.

    (Reapportionment; senate districts)

    (TMG, JDC)

    JDC/TMG
         

    2369

    RELATING TO GOVERNMENT WASTE.

    (Controlling Government Waste)

    (TMG, WAM)

    TMG, WAM
         

    2378

    RELATING TO RECREATIONAL BOATING.

    (Boating; DLNR; Rogue Lawbreaking Managers) (WLE/EDT, JDC)

    WLE/EDT/JDC, WAM
         

    2421

    RELATING TO TOURISM.

    (Hawaii Tourism Authority)

    (TIA/TMG, WAM)

    TIA, WAM
         

    2469

    RELATING TO PRESCRIPTION DRUGS.

    (Prescription Drugs) (HHS/CPH, WAM)

    CPH, WAM
         

    2485

    RELATING TO ECONOMIC EMERGENCY.

    (Economic Emergency) (TMG, WAM)

    TMG/EDT, WAM
         

    2497

    RELATING TO HYPNOTHERAPISTS.

    (Hypnotherapists; Licensure) (HHS, CPH)

    HHS, CPH, WAM
         

    2519

    RELATING TO PRESCRIPTION DRUGS.

    (Prescription Drug Discount Plan)

    (HHS, CPH, WAM)

    CPH, WAM
         

    2520

    RELATING TO PRESCRIPTION DRUGS.

    (Prescription Drugs) (HHS, CPH, WAM)

    CPH, WAM
         

    2521

    RELATING TO MANDATORY HEALTH COVERAGE FOR HEALTH PROFESSIONAL SERVICES.

    (Mandatory Coverage; Naturopaths; Acupuncturists; Chiropractors) (HHS, CPH)

    HHS/CPH, WAM
         

    2526

    RELATING TO PARENTAL PREFERENCES IN GOVERNMENT CONTRACTS, PROGRAMS, AND SERVICES.

    (Parental Preferences in Government Contracts) (TMG/HHS, JDC)

    TMG/HHS/JDC, WAM
         

    2534

    RELATING TO SOCIAL SERVICE FACILITIES.

    (Social Service Facilities; Public Hearings)

    (HHS/TIA, JDC)

    HHS/TIA/JDC, WAM
         

    2555

    RELATING TO ELECTIONS.

    (Office of Elections; Task Force on Voters with Disabilities) (TMG/TIA, WAM)

    JDC/TIA, WAM
         

    2569

    MAKING AN APPROPRIATION FOR A KAHANA VALLEY MASTER PLAN.

    (Kahana Valley Master Plan; Appropriation)

    (EDT, WAM)

    EDT/WLE, WAM
         

    2573

    RELATING TO ELECTIONS.

    (Absentee ballots; investigations)

    (TMG/TIA/HHS, JDC)

    TMG/TIA, JDC
         

    2575

    MAKING AN APPROPRIATION FOR THE CHECKING OF THE VALIDITY OF REGISTERED VOTERS.

    (Elections; certification of registered voters.)

    (TMG/TIA/JDC, WAM)

    JDC/TIA, WAM
         

    2617

    RELATING TO ELECTIONS.

    (Elections) (TMG/TIA, JDC)

    JDC/TMG/TIA
         

    2621

    RELATING TO VOTER REGISTRATION.

    (Election Day; Registration)

    (TMG/TIA/JDC, WAM)

    JDC/TIA, WAM
         

    2622

    RELATING TO ELECTION RECOUNTS.

    (Elections; Recount) (TMG/TIA/JDC, WAM)

    JDC/TIA, WAM
         

    2634

    RELATING TO JUDGES FOR THE CIRCUIT COURT.

    (Circuit Judges; Number) (JDC)

    JDC, WAM
         

    2655

    RELATING TO CIVIL SERVICE AND EXEMPTIONS.

    (Civil Service; Exemptions)

    (LBR/TIA/TMG, CPH)

    LBR/TIA/TMG, CPH/WAM
         

    2675

    RELATING TO ELECTIONS.

    (Office of Elections; Voter Registration)

    (TMG/TIA/JDC, WAM)

    JDC/TIA, WAM
         

    2699

    RELATING TO LITIGATION INVOLVING HIGHWAYS.

    (Chapter 846E, Hawaii Revised Statute)

    (TMG, JDC)

    TMG/JDC, WAM
         

    2726

    RELATING TO CEMETERY AND FUNERAL TRUSTS.

    (Relating to Cemetery and Funeral Trusts)

    (CPH)

    CPH, WAM
         

    2747

    RELATING TO EDUCATIONAL ACCOUNTABILITY

    (Educational Accountability) (EDU, LBR)

    EDU/LBR, WAM
         

    2792

    RELATING TO THE HAWAII STATE PUBLIC LIBRARY SYSTEM

    (Hawaii State Public Library System)

    (EDU, JDC)

    EDU/JDC, WAM
         

    2810

    RELATING TO THE DEFINITION OF LANDOWNER FOR SAFE HARBOR AGREEMENTS AND HABITAT CONSERVATION PLANS.

    (Safe Harbor Agreements) (WLE, JDC)

    WLE/JDC
         

    2906

    RELATING TO ELECTIONS.

    (Elections; Recount of Votes)

    (TIA/TMG, JDC)

    JDC/TIA
         

    2939

    RELATING TO HEALTH CARE FACILITIES.

    (Acute Care Hospitals; Intermediate Care Hospitals) (HHS, CPH)

    HHS/CPH, WAM
         

    2962

    RELATING TO TRAFFIC ENFORCEMENT.

    (Traffic Enforcement Demonstration Project; Speeding) (TMG/TIA, JDC)

    TMG/TIA/JDC, WAM
         

    2989

    RELATING TO SPECIAL PURPOSE REVENUE BONDS FOR PROCESSING ENTERPRISES.

    (Special Purpose Revenue Bonds for Processing Enterprises) (AGT, WAM)

    AGT
         

    3033

    RELATING TO HEALTH INSURANCE.

    (Health Insurance; Coverage for Parents of Adults) (HHS, CPH)

    HHS/CPH, WAM
         

    3046

    RELATING TO BUSINESS DEVELOPMENT IN KAPOLEI.

    (Business Development; Gaming)

    (TMG/TIA/JDC, WAM)

    TMG/TIA/JDC/HHS, WAM
         

    3082

    RELATING TO CIVIL SERVICE AND EXEMPTIONS.

    (Civil Service; Exemptions; County Owned Utility Positions) (LBR/TIA/TMG, CPH)

    LBR/TIA/TMG, CPH/WAM
         

    3083

    RELATING TO PROCUREMENT.

    (Procurement; Electric Utilities)

    (TMG/TIA, CPH)

    TMG/TIA, CPH/WAM
         

    3086

    RELATING TO ELECTIONS.

    (Elections; Campaigns; Election Ballots)

    (TMG/TIA, JDC)

    TMG/TIA/JDC, WAM
         
         
  10. Miscellaneous Communications: None
  11. Miscellaneous Business
  12. Announcements
  13. Adjournment