THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

TWENTY-THIRD DAY

February 20, 2002-Wednesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Jim Tweedie

Mililani Presbyterian Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: Nos. 180-188

    2. G.M. NO.

    TITLE

    REFERRAL
         

    180

    Submitting for consideration and confirmation to the State Boxing Commission of Hawai'i, Gubernatorial Nominee Alfred Castro, for a term to expire 6-30-2006.

    CPH
         

    181

    Submitting for consideration and confirmation to the Credit Union Advisory Board, Gubernatorial Nominee Michael E. Asam, for a term to expire 6-30-2006.

    CPH
         

    182

    Submitting for consideration and confirmation to the Education Commission of the States, Gubernatorial Nominees Karen Y. Aka, Ph.D., and Carl T. Takamura, for terms to expire 6-30-2006.

    EDU
         

    183

    Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominees Faith Caplan, Gail L.G. Kaaialii, Ph.D., and Melissa Dumaran, for terms to expire 6-30-2006.

    WLE
         

    184

    Submitting for consideration and confirmation to the Hawai'i Performance Partnerships Board, Gubernatorial Nominees Michael T. Fitzgerald, for a term to expire 6-30-2004; Mary Alice Evans, for a term to expire 12-02-2002; and Aaron S. Fujioka, for a term to expire 10-15-2005.

    LBR
         

    185

    Submitting for consideration and confirmation to the Board of Trustees, Hawai'i Public Employees Health Fund, Gubernatorial Nominee Tracy K. Chang, for a term to expire 6-30-2004.

    LBR
         

    186

    Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominees Pravin Desai, Steven Lee Montgomery, Ph.D., and Randall F. Sakumoto, for terms to expire 6-30-2006.

    WLE
         

    187

    Submitting for consideration and confirmation to the Board of Directors, Natural Energy Laboratory of Hawai'i Authority, Gubernatorial Nominees Richard Henderson, for a term to expire 6-30-2004; Marni Herkes, for a term to expire 6-30-2003; and Thomas P. Whittemore, for a term to expire 6-30-2006.

    EDT
         

    188

    Submitting for consideration and confirmation to the Stadium Authority, Gubernatorial Nominees Alvin S. Narimatsu, Howard. Y. Ikeda, and Gilbert M. Kimura, for terms to expire 6-30-2006.

    EDT
         
         

     

  2. Departmental Communications: None
  3. House Communications: Nos. 21-22

    4. Informing the Senate that on February 19, 2002, the House

    made changes to conferee assignments to the following bills:

    REFERRAL

    21

    S.B. No. 449, S.D. 2, H.D. 1

    "RELATING TO EMPLOYMENT PRACTICES." (Whistleblowers' Protection Act)

    Discharged Representative Yoshinaga as first Co-Chair.

    Added Representative Saiki as first Co-Chair.

    FILE
     

    S.B. No. 849, S.D. 1, H.D. 2

    "RELATING TO COLLECTIVE BARGAINING." (Collective Bargaining Agreements; Arbitration Criteria)

    Discharged Representative Yoshinaga as first Co-Chair.

    Added Representative Saiki as first Co-Chair.

    		  
     

    S.B. No. 733, S.D. 1, H.D. 1

    "RELATING TO EMPLOYMENT SECURITY." (Employment and Training Fund; Maintains Current Assessment)

    Discharged Representative Yoshinaga as first Co-Chair.

    Added Representative Nakasone as second Co-Chair.

    		  
     

    S.B. No. 1058, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO THE PUBLIC EMPLOYEES HEALTH FUND." (Health Fund; Member Contribution)

    Discharged Representative Yoshinaga as first Co-Chair.

    Added Representative Suzuki as second Co-Chair.

    Discharged Representative Davis as a member.

    Added Representative Rath as a member.

    		  

     

     

     

     

    Informing the Senate that on February 19, 2002, the House discharged Representative Yoshinaga as Co-Chair and added Representative Nakasone as a Co-Chair for the following House bills:

    REFERRAL

    22

    H.B. No. 171, H.D. 1, S.D. 2

    "RELATING TO PUBLIC EMPLOYMENT." (Strikes; Restores Strike Rights to Certain Public Workers)

    FILE
     

    H.B. No. 562, H.D. 2, S.D. 2

    "RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM." (Deferred Compensation; ERS Transfer)

    		  
     

    H.B. No. 568, H.D. 2, S.D. 1

    "RELATING TO PUBLIC EMPLOYEE HEALTH BENEFITS." (Health Fund; Benefit Delivery; Employer-Union Trust)

    		  
     

    H.B. No. 852, H.D. 2, S.D. 2

    "RELATING TO PUBLIC EMPLOYMENT." (Excluded Public Employees; Equity with Included Counterparts)

    		  
     

    H.B. No. 1056, H.D. 1, S.D. 1

    "RELATING TO PUBLIC EMPLOYEES." (Health Benefits; Collective Bargaining)

    		  
     

    H.B. No. 1595, H.D. 1, S.D. 1

    "RELATING TO PUBLIC EMPLOYEES." (Compensation and Benefit Packages; Excluded Employees)

    		  

     

  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Introduction of Measures

    7.  

     

  7. Standing Committee Report No. 2439-2451

    8. 2439

    (48 Hrs. Notice)

    (EDU)

    S.B. No. 2264, S.D. 1

    "RELATING TO EDUCATION."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2440

    (48 Hrs. Notice)

    (JDC)

    S.B. No. 2125

    "RELATING TO EVIDENCE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2441

    (48 Hrs. Notice)

    (JDC)

    S.B. No. 2529, S.D. 1

    "RELATING TO STALKING"

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2442

    (48 Hrs. Notice)

    (JDC)

    S.B. No. 2625, S.D. 1

    "RELATING TO THE COURTS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2443

    (48 Hrs. Notice)

    (JDC)

    S.B. No. 2627, S.D. 1

    "RELATING TO JUDICIARY RECORDS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2444

    (48 Hrs. Notice)

    (JDC)

    S.B. No. 2629, S.D. 1

    "RELATING TO THE UNIFORM PROBATE CODE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2445

    (48 Hrs. Notice)

    (JDC)

    S.B. No. 2632

    "RELATING TO ARRESTS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2446

    (48 Hrs. Notice)

    (JDC)

    S.B. No. 2650

    "RELATING TO THE JURISDICTION OF THE COURTS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2447

    (48 Hrs. Notice)

    (JDC)

    S.B. No. 2651, S.D. 1

    "RELATING TO FORFEITURE OF BAIL OR BONDS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2448

    (48 Hrs. Notice)

    (JDC)

    S.B. No. 2696, S.D. 1

    "RELATING TO IDENTITY."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2449

    (48 Hrs. Notice)

    (AGT/CPH)

    S.B. No. 2518, S.D. 1

    "RELATING TO MEASUREMENT STANDARDS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    2450

    (WAM)

    S.B. No. 2824, S.D. 1

    "RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAW TO THE INTERNAL REVENUE CODE."

    (Recommends passage on SECOND READING and recommittal to WAM)
         

    2451

    (WAM)

    S.B. No. 3011, S.D. 1

    "RELATING TO THE EXPENSES OF THE LEGISLATURE."

    (Recommends passage on SECOND READING and recommittal to WAM)
         
         
         

    ORDER OF THE DAY

  8. Deferred Matters - Referrals

    9. Informing the Senate that on February 13, 2002, the following House Bills passed Third Reading in the House:

    REFERRAL

    5

    H.B. No. 1764

    "RELATING TO FIREARMS." (Firearms; Pardons)

    JDC

    6

    H.B. No. 1806

    "RELATING TO OFFENSES AGAINST PROPERTY RIGHTS." (Offenses Against Property; Hotel)

    TIA, JDC

    7

    H.B. No. 2432

    "RELATING TO DIRECT PAYMENT OF CHILD SUPPORT." (Direct payment of child support)

    HHS, JDC
         
         
         
         
         
         

    Informing the Senate that on February 13, 2002, the following House Concurrent Resolutions were Adopted in the House:

    REFERRAL

    8

    H.C.R. No. 12

    "SUPPORTING THE TANF REAUTHORIZATION ACT OF 2001 (HR 3113)." (Supporting TANF Reauthorization Act of 2001)

    HHS, WAM

    Informing the Senate that on February 14, 2002, the following House Bills passed Third Reading in the House:

    REFERRAL

    9

    H.B. No. 1011, H.D. 1

    "RELATING TO ELECTIONS." (Elections; Voting)

    HHS, JDC

    10

    H.B. No. 1713, H.D. 1

    "RELATING TO CONDOMINIUM PROPERTY REGIMES." (Condominiums; Notice of Fees)

    CPH

    11

    H.B. No. 1715, H.D. 1

    "RELATING TO CONDOMINIUM PROPERTY REGIMES." (Condominium Bylaw Amendments)

    CPH

    12

    H.B. No. 2631

    "RELATING TO MEAT GRADING." (Meat Grading)

    AGT, WAM

    Informing the Senate that on February 15, 2002, the following House Bills passed Third Reading in the House:

    REFERRAL

    13

    H.B. No. 1804

    "RELATING TO EXPUNGEMENT." (Expunging Certain Juvenile Arrest Records)

    HHS, JDC

    14

    H.B. No. 2049

    "RELATING TO OPTOMETRY." (Optometry; Use of Pharmaceuticals)

     

     

     

     

    HHS, CPH

    15

    H.B. No. 2282

    "RELATING TO AGREEMENTS TO ARBITRATE MADE BEFORE JULY 1, 2002." (Uniform Arbitration Act; Applicability)

    LBR, JDC

    16

    H.B. No. 2310

    "RELATING TO VENUE." (Venue)

    JDC

    17

    H.B. No. 2317

    "RELATING TO THE JURISDICTION OF THE COURTS." (Jurisdiction of Courts)

    JDC

    18

    H.B. No. 2318

    "RELATING TO FORFEITURE OF BAIL OR BONDS." (Bail; Bonds; Forfeiture)

    JDC

    19

    H.B. No. 2437

    "RELATING TO FOREIGN PROTECTIVE ORDERS." (Foreign protective orders)

    JDC

    20

    H.B. No. 2467

    "RELATING TO NATUROPATHY." (Relating to Naturopathy)

    HHS, CPH
  9. Deferred Matters - Third Reading

    10. (See Stand. Com. Rep. No. 2212)

    S.B. No. 2810, S.D. 1

    "RELATING TO THE DEFINITION OF LANDOWNER FOR SAFE HARBOR AGREEMENTS AND HABITAT CONSERVATION PLANS." - (WLE/JDC)

    (Safe Harbor Agreements)

     

     

     

     

     

     

     

     

  10. Re-Referrals

    11. RE-REFERRALS FOR WEDNESDAY, FEBRUARY 20, 2002
         

    S.B. NO.

    TITLE

    RE-REFERRAL
         

    2102

    RELATING TO EDUCATION.

    (Board of Education; Abolish; Constitutional Amendments) (EDU/TMG, WAM)(EDU/TMG/JDC, WAM)

    EDU/TMG/JDC/WAM
         
         
  11. Miscellaneous Communications: None
  12. Miscellaneous Business
  13. Announcements
  14. Adjournment