THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

TWENTY-FOURTH DAY

February 28, 2002-Thursday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Steve Murphy

Olivet Baptist Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: Nos. 189-216

    2. G.M. NO.

    TITLE

    REFERRAL
         

    189

    Dated January 22, 2002, transmitting the Carryover of Funds Annual Report, prepared by the Department of Education pursuant to Section 37-41.5, HRS.

    FILE
         

    190

    Dated January 22, 2002, transmitting the Annual Report on Federal Grant Search, Development, and Application Revolving Fund, prepared by the Department of Education pursuant to Section 302A-1405, HRS.

    FILE
         

    191

    Dated January 22, 2002, transmitting the Federal and Trust Funds Annual Report, prepared by the Department of Education pursuant to Section 29-25, HRS.

    FILE
         

    192

    Dated January 22, 2002, transmitting the Annual Report on Incentive and Innovation Grant Trust Fund, prepared by the Department of Education pursuant to Section 302A-301, HRS.

    FILE
         

    193

    Dated January 22, 2002, transmitting the Annual Report on School Priority Fund, prepared by the Department of Education pursuant to Section 302A-1309, HRS.

    FILE
         

    194

    Dated January 22, 2002, transmitting the Annual Report on the Teacher Education Coordinating Committee, prepared by the Department of Education pursuant to Section 304-20, HRS.

    FILE
         

    195

    Dated January 22, 2002, transmitting the Annual School-by-School Expenditures Report, prepared by the Department of Education pursuant to Section 302A-1004, HRS.

    FILE
         

    196

    Dated January 22, 2002, transmitting the Educational Assessment and Accountability Annual Reports, prepared by the Department of Education pursuant to Section 302A-1004, HRS.

    FILE
         

    197

    Dated January 22, 2002, transmitting the Report on Mandatory Expulsion Policy for Possession of a Firearm, prepared by the Department of Education pursuant to Section 302A-1134, HRS.

    FILE
         

    198

    Dated January 22, 2002, transmitting the Feasibility Study on Establishing a Resource Center for Students, Parents, and Teachers on the Island of Kauai, prepared by the Department of Education pursuant to H.C.R. No. 161 (2001).

    FILE
         

    199

    Dated January 22, 2002, transmitting a report prepared by the Department of Education pursuant to H.C.R. No. 158 (2000), requesting that the Department of Education and the University of Hawaii Community Colleges initiate a collaborative partnership to improve services for adults and expand opportunities for high school students that will result in substantive outcomes for the two entities.

    FILE
         

    200

    Dated January, 22, 2002, transmitting a report prepared by the Department of Education pursuant to S.C.R. No. 152 (2001), requesting the Department of Education to ensure that all middle and intermediate school students are provided with enrichment activities.

    FILE
         

    201

    Dated January 22, 2002, transmitting a report prepared by the Department of Education pursuant to S.C.R. No. 99 (2001), requesting the Department of Education and University of Hawaii to study the feasibility, benefits, and costs associated with linking their individual student information systems to create a linked K-16 database.

    FILE
         

    202

    Dated January 22, 2002, transmitting a report prepared by the Department of Education pursuant to S.C.R. No. 120 (2001), requesting the Department of Education to identify the full cost of educating federally connected children with disabilities as allowed by the federal impact aid formulas.

    FILE
         

    203

    Dated January 22, 2002, transmitting a report prepared by the Department of Education pursuant to S.C.R. No. 98 (2001), requesting the Department of Education to provide transportation for students involved in after school extracurricular activities.

    FILE
         

    204

    Dated January 22, 2002, transmitting a report prepared by the Department of Education pursuant to H.C.R. No. 163 (2001), requesting the Board and Department of Education to reevaluate reading goals for students in Hawaii's public schools and increase system accountability for attaining those goals.

    FILE
         

    205

    Dated January 22, 2002, transmitting a report prepared by the Department of Education pursuant to H.C.R. No. 33 (2001), requesting the board of education to create a program that will facilitate the voluntary participation of high school students in community service, work experience, or service learning.

    FILE
         

    206

    Dated January 22, 2002, transmitting a Report on School Rental Fees for Use of School Facilities, prepared by the Department of Education pursuant to Act 256, SLH 2000.

    FILE
         

    207

    Dated January 22, 2002, transmitting a Report on the Interagency Educational Accountability Working Group, prepared by the Department of Education pursuant to Act 235, SLH 2000.

    FILE
         

    208

    Dated January 22, 2002, transmitting the Report on the Education Research and Development Revolving Fund, prepared by the Department of Education pursuant to Act 261, SLH 2001.

    FILE
         

    209

    Dated January 22, 2002, transmitting the Report on Personnel Expenditures for CIP, prepared by the Department of Education pursuant to Act 259, Section 98, SLH 2001.

    FILE
         

    210

    Dated January 22, 2002, transmitting the Report on the DOE's Progress of Meeting Requirements of the Felix Response Plan, prepared by the Department of Education pursuant to Act 259, Section 51, SLH 2001.

    FILE
         

    211

    Dated February 6, 2002, transmitting a report prepared by The Natural Energy Laboratory of Hawaii Authority (HELHA) pursuant to S.C.R. No. 19 (2001), requesting The Natural Energy Laboratory of Hawaii Authority to revive its proposal for the reactivation of the Noi'i O Puna Research Center.

    FILE
         

    212

    Dated February 6, 2002, transmitting a report prepared by The Natural Energy Laboratory of Hawaii Authority (HELHA) pursuant to S.C.R. No. 124 (2001), requesting The Natural Energy Laboratory of Hawaii Authority to come up with recommendations to modify the make-up of its board to include more private sector participation.

    FILE
         

    213

    Dated February 8, 2002, transmitting a Report on the Feasibility of Developing Wave Power as a Renewable Energy Resource for Hawaii, prepared by the Department of Business, Economic Development, and Tourism pursuant to H.R. No. 8 (2001)

    FILE
         

    214

    Dated February 11, 2002, transmitting the 2001 Report of the Commission to Promote Uniform Legislation of the Department of the Attorney General.

    FILE
         

    215

    Dated February 14, 2002, transmitting a Report on the Separation Incentive Program, prepared by the Department of Human Resources Development pursuant to Act 253, Sections 119 and 120, SLH 2000.

    FILE
         

    216

    Dated February 14, 2002, transmitting the Foreign-Trade Zone No. 9's Annual Report to the Foreign-Trade Zones Board for Federal Fiscal Year Ending September 30, 2001, prepared by the Department of Business, Economic Development and Tourism.

    FILE
         
         

     

    		    
  2. Departmental Communications: None
  3. House Communications: Nos. 23-41

    4. Informing the Senate that on February 19, 2002, the following House Bill(s) passed Third Reading in the House:

     

    REFERRAL

    23

    H.B. No. 1716, H.D. 1

    "RELATING TO CONDOMINIUM PROPERTY REGIMES." (Condominiums; Mediation)

    CPH, JDC

    24

    H.B. No. 1970

    "RELATING TO THE HAWAII STATE EMERGENCY RESPONSE COMMISSION." (Hawaii State Emergency Response Commission)

    TMG

    25

    H.B. No. 2315, H.D. 1

    "RELATING TO THE OBSTRUCTION OF INGRESS OR EGRESS." (Crimes; Ingress and Egress)

    JDC

    26

    H.B. No. 2382, H.D. 1

    "RELATING TO CORRECTIONAL FACILITIES." (Correctional facilities)

    JDC, WAM

    27

    H.B. No. 2530, H.D. 1

    "RELATING TO UNEMPLOYMENT INSURANCE APPEALS." (Unemployment Insurance Appeals)

    LBR, WAM

    28

    H.B. No. 2601, H.D. 1

    "RELATING TO PUBLIC FINANCIAL DISCLOSURE STATEMENTS." (Financial Disclosure)

    TMG, JDC
         

    Informing the Senate that on February 20, 2002, the following House Bill(s) passed Third Reading in the House:

    REFERRAL

    29

    H.B. No. 1726

    "RELATING TO DRIVER'S LICENSE INSTRUCTION PERMIT." (Driver's license instruction permit)

     

    TMG

    30

    H.B. No. 1746, H.D. 1

    "RELATING TO UNATTENDED VEHICLES." (Unattended vehicles)

    TMG, JDC

    31

    H.B. No. 1761, H.D. 1

    "RELATING TO INSURANCE." (Health Insurance Rate Increases)

    CPH/HHS, WAM

    32

    H.B. No. 2014, H.D. 1

    "RELATING TO NEW CENTURY CONVERSION CHARTER SCHOOLS." (New Century Conversion Charter Schools; DOE; Education)

    EDU, WAM

    33

    H.B. No. 2192, H.D. 1

    "RELATING TO THE HAWAII TOURISM AUTHORITY." (Hawaii Tourism Authority; Voting Public Members)

    TIA, WAM

    34

    H.B. No. 2451

    "RELATING TO THE CONVENTION CENTER." (Convention Center)

    EDT/TIA, WAM

    35

    H.B. No. 2509, H.D. 1

    "RELATING TO PARKING FOR PERSONS WITH DISABILITIES." (Parking; Disabilities )

    TMG, JDC

    36

    H.B. No. 2609, H.D. 1

    "RELATING TO STATE PARKS." (State Parks Spec Fund; Legis Approp Authorized)

    EDT/TIA, WAM

    37

    H.B. No. 2805, H.D. 1

    "RELATING TO GOVERNMENT." (Provides special compensation to pensioners; establishes employers' worker retention special fund. (HB2805 HD1))

    LBR/TMG, WAM

    38

    H.B. No. 2834

    "RELATING TO PRESCRIPTION DRUGS." (Prescription Drugs)

     

     

     

     

     

    HHS/CPH, WAM

    39

    H.B. No. 2848, H.D. 1

    "PROPOSING AMENDMENTS TO ARTICLE VII, SECTION 12, AND ARTICLE X, SECTION 1, OF THE CONSTITUTION OF THE STATE OF HAWAII TO AUTHORIZE THE STATE TO ISSUE SPECIAL PURPOSE REVENUE BONDS AND USE THE PROCEEDS FROM THE BONDS TO ASSIST NOT-FOR-PROFIT PRIVATE ELEMENTARY SCHOOLS, SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES." (Special purpose revenue bonds; Schools)

    EDU/JDC, WAM
         

    Informing the Senate that on February 20, 2002, the following House Concurrent Resolution was Adopted in the House:

    REFERRAL

    40

    H.C.R. No. 25

    "EXTENDING THE REPORTING DATE OF THE TASK FORCE TO IMPROVE THE EFFICIENCY OF LAW ENFORCEMENT AND PUBLIC SAFETY AGENCIES." (Law Enforcement Efficiency Task Force)

    TMG, JDC
         

    Informing the Senate that on February 20, 2002, the House reconsidered it action taken on May 1, 2001, in passing the following Senate Bill and said bill has been recommitted to conference committee:

    REFERRAL

    41

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

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

    FILE
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Introduction of Measures
  7. Standing Committee Report Nos. 2452-2461

    8. 2452

    (CPH)

    S.B. No. 313, S.D. 1

    "RELATING TO BOARDS AND COMMISSIONS."

    (Recommends passage on SECOND READING and recommittal to CPH)
         
         

    2453

    (48 Hrs. Notice)

    (LBR)

    S.B. No. 1157

    "RELATING TO CONTESTS OF OCCUPATIONAL SAFETY AND HEALTH MATTERS."

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

    2454

    (48 Hrs. Notice)

    (LBR)

    S.B. No. 2784, S.D. 1

    "RELATING TO WORKERS' COMPENSATION."

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

    2455

    (48 Hrs. Notice)

    (LBR)

    S.B. No. 2787

    "RELATING TO THE WAGE AND HOUR LAW."

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

    2456

    (48 Hrs. Notice)

    (LBR)

    S.B. No. 2788

    "RELATING TO UNEMPLOYMENT INSURANCE APPEALS."

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

    2457

    (TMG)

    S.B. No. 411, S.D. 1

    "RELATING TO TRANSPORTATION."

    (Recommends passage on SECOND READING and recommittal to TMG)
         
         

    2458

    (LBR)

    S.C.R. No. 19, S.D. 1

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

    (Recommends referral to WAM)
         
         

    2459

    (HHS)

    S.C.R. No. 17, S.D. 1

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

    (Recommends referral to CPH)
         
         

    2460

    (HHS)

    S.C.R. No. 26, S.D. 1

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

    (Recommends referral to WAM)
         
         

    2461

    (TIA)

    H.B. No. 1806

    "RELATING TO OFFENSES AGAINST PROPERTY RIGHTS."

    (Recommends passage on SECOND READING and referral to JDC)
         
         

     

     

    ORDER OF THE DAY

  8. Third Reading

    9. (See Floor Amendment No. 1)

    S.B. No. 2810, S.D. 2

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

    (Safe Harbor Agreements)
       

    (See Stand. Com. Rep. No. 2439)

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

    "RELATING TO EDUCATION." - (EDU)

    (Education; Out-of-field Teachers; Hawaii Teacher Standards Board)
       

    (See Stand. Com. Rep. No. 2440)

    S.B. No. 2125

    "RELATING TO EVIDENCE." - (JDC)

    (Evidence Code; Domestic Violence)
       

    (See Stand. Com. Rep. No. 2441)

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

    "RELATING TO STALKING" - (JDC)

    (Harassment by Stalking)
       

    (See Stand. Com. Rep. No. 2442)

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

    "RELATING TO THE COURTS." - (JDC)

    (Family Court, Director, Duties)
       

    (See Stand. Com. Rep. No. 2443)

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

    "RELATING TO JUDICIARY RECORDS." - (JDC)

    (Judiciary Records)
       

    (See Stand. Com. Rep. No. 2444)

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

    "RELATING TO THE UNIFORM PROBATE CODE." - (JDC)

    (Probate, Commencement of Actions)
       

    (See Stand. Com. Rep. No. 2445)

    S.B. No. 2632

    "RELATING TO ARRESTS." - (JDC)

    (Arrests; Failure to Appear; Penalty)
       

    (See Stand. Com. Rep. No. 2446)

    S.B. No. 2650

    "RELATING TO THE JURISDICTION OF THE COURTS." - (JDC)

    (Jurisdiction of Courts)
       

    (See Stand. Com. Rep. No. 2447)

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

    "RELATING TO FORFEITURE OF BAIL OR BONDS." - (JDC)

    (Bail; Bonds; Forfeiture)
       

    (See Stand. Com. Rep. No. 2448)

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

    "RELATING TO IDENTITY." - (JDC)

    (Identity)
       

    (See Stand. Com. Rep. No. 2449)

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

    "RELATING TO MEASUREMENT STANDARDS." - (AGT/CPH)

    (Koa Wood; Representations of Content)
       

     

     

     

     

     

     

     

     

     

  9. Referrals and Re-Referrals

    10. REFERRALS FOR THURSDAY, FEBRUARY 28, 2002
         

    S.C.R. NO.

    TITLE

    REFERRAL
         

    29

    REQUESTING THE CONVENING OF A TASK FORCE TO EXAMINE THE EFFECTIVENESS OF THE HAWAII PREPAID HEALTH CARE ACT, CHAPTER 393, HAWAII REVISED STATUTES, AND TO CONSIDER THE FEASIBILITY OF AMENDING OR REPEALING THE ACT.

    (Task force to examine the effectiveness of the PHCA.)

    LBR, CPH
         

    30

    REQUESTING A REVIEW OF SPEED LIMITS ON PUBLIC ROADS AND STREETS UNDER THE JURISDICTION OF THE CITY AND COUNTY OF HONOLULU.

    (Requests C&C of Honolulu to review and recommend raising speed limits on county roads and streets.)

    TMG, TIA
         

    31

    REQUESTING THE CREATION OF A CONSUMER EDUCATION CAMPAIGN INFORMING CONSUMERS OF THE RELATIVE MERITS OF GENERIC DRUGS.

    (Prescription Drugs; Generic Drugs; Consumer Education Program.)

    HHS, CPH
         

    32

    DECLARING DECEMBER 15 AS BILL OF RIGHTS DAY.

    (Bill of Rights Day)

    JDC
         

    33

    OPPOSING THE PROPOSED MERGER BETWEEN HAWAIIAN AIRLINES, INC., AND ALOHA AIRLINES, INC.

    (Aloha and Hawaiian Airlines Merger; Legislative Opposition)

    TMG/CPH/TIA
         

    34

    REQUESTING A STUDY OF PRIVATE SECTOR SPENDING TO ADVERTISE AND PROMOTE HAWAII AS A VISITOR DESTINATION.

    (LRB to study private sector spending on tourism advertising and promotion.)

    TIA
         

    35

    REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH A FOOD ASSISTANCE PROGRAM.

    (Food Assistance Program; DHS)

    HHS, WAM
         

    36

    SUPPORTING THE ACQUISITION BY THE UNITED STATES NATIONAL PARK SERVICE OF KAHUKU RANCH FOR EXPANSION OF THE HAWAII VOLCANOES NATIONAL PARK AND OF KI`ILAE VILLAGE FOR EXPANSION OF PU`UHONUA O HONAUNAU NATIONAL HISTORICAL PARK.

    (Supports expansion of two national parks on the Big Island.)

    WLE/HAW
         

    37

    REQUESTING CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO SUPPORT LEGISLATION TO REPEAL THE RESCISSION ACT OF 1946 AND THE SECOND SUPPLEMENTAL SURPLUS APPROPRIATION RESCISSION ACT (1946), AND TO RESTORE FILIPINO WORLD WAR II VETERANS' TO FULL UNITED STATES VETERANS' STATUS AND BENEFITS.

    (Filipino World War II Veterans' Benefits)

    TMG
         

    38

    REQUESTING A MANAGEMENT AND FINANCIAL AUDIT OF THE DEPARTMENT OF HEALTH, EMERGENCY MEDICAL SERVICES SYSTEMS BRANCH.

    (Requesting a Management and Financial Audit of the DOH)

    HHS, TIA
         

    39

    REQUESTING A REVIEW OF THE PERFORMANCE INFORMATION PURCHASE SYSTEM.

    (Requesting a review of PIPS.)

    TMG, WAM
         

    40

    REQUESTING A FINANCIAL AND MANAGEMENT AUDIT OF THE `IOLANI PALACE.

    (Friends of `Iolani Palace; Audit)

    EDU, WAM
         

    S.R. NO.

    TITLE

    REFERRAL
         

    10

    REQUESTING ESTABLISHMENT OF A NON-ENFORCEMENT FOOD SAFETY CONSULTATIVE AND EDUCATION PROGRAM IN THE DEPARTMENT OF HEALTH.

    (Food Safety Consultative and Education Program)

    HHS
         

    11

    REQUESTING A REVIEW OF SPEED LIMITS ON PUBLIC ROADS AND STREETS UNDER THE JURISDICTION OF THE CITY AND COUNTY OF HONOLULU.

    (Requests C&C of Honolulu to review and recommend raising speed limits on county roads and streets.)

    TMG, TIA
         

    12

    REQUESTING THE CREATION OF A CONSUMER EDUCATION CAMPAIGN INFORMING CONSUMERS OF THE RELATIVE MERITS OF GENERIC DRUGS.

    (Prescription Drugs; Generic Drugs; Consumer Education Program.)

    HHS, CPH
         

    13

    DECLARING DECEMBER 15 AS BILL OF RIGHTS DAY.

    (Bill of Rights Day)

    JDC
         

    14

    OPPOSING THE PROPOSED MERGER BETWEEN HAWAIIAN AIRLINES, INC., AND ALOHA AIRLINES, INC.

    (Aloha and Hawaiian Airlines Merger; Legislative Opposition)

    TMG/CPH/TIA
         

    15

    REQUESTING A STUDY OF PRIVATE SECTOR SPENDING TO ADVERTISE AND PROMOTE HAWAII AS A VISITOR DESTINATION.

    (LRB to study private sector spending on tourism advertising and promotion.)

    TIA
         

    16

    SUPPORTING THE ACQUISITION BY THE UNITED STATES NATIONAL PARK SERVICE OF KAHUKU RANCH FOR EXPANSION OF THE HAWAII VOLCANOES NATIONAL PARK AND OF KI`ILAE VILLAGE FOR EXPANSION OF PU`UHONUA O HONAUNAU NATIONAL HISTORICAL PARK.

    (Supports expansion of two national parks on the Big Island.)

    WLE/HAW
         

    17

    REQUESTING CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO SUPPORT LEGISLATION TO REPEAL THE RESCISSION ACT OF 1946 AND THE SECOND SUPPLEMENTAL SURPLUS APPROPRIATION RESCISSION ACT (1946), AND TO RESTORE FILIPINO WORLD WAR II VETERANS' TO FULL UNITED STATES VETERANS' STATUS AND BENEFITS.

    (Filipino World War II Veterans' Benefits)

    TMG
         

    18

    REQUESTING A FINANCIAL AND MANAGEMENT AUDIT OF THE `IOLANI PALACE.

    (Friends of `Iolani Palace; Audit)

    EDU, WAM
         

    19

    REQUESTING A REVIEW OF THE PERFORMANCE INFORMATION PURCHASE SYSTEM.

    (Requesting a review of PIPS.)

    TMG, WAM
         

    20

    REQUESTING A MANAGEMENT AND FINANCIAL AUDIT OF THE DEPARTMENT OF HEALTH, EMERGENCY MEDICAL SERVICES SYSTEMS BRANCH.

    (Requesting a Management and Financial Audit of the DOH)

    HHS, TIA
         
         

    RE-REFERRALS FOR THURSDAY, FEBRUARY 28, 2002
         

    S.B. NO.

    TITLE

    RE-REFERRAL
         

    313, S.D. 1

    RELATING TO BOARDS AND COMMISSIONS.

    (Air Carrier Commission; Sunset Repealed) (CPH)

    CPH/WAM
         

    411, S.D. 1

    RELATING TO TRANSPORTATION.

    (Transportation; Inattention to Driving; Distracting Activities) (TMG)

    TMG/TIA/JDC
         

    2036

    RELATING TO EDUCATION.

    (Education; Nonstate Grants and Subsidies; Incentive Bonus) (EDU, WAM)

    EDU/WAM
         

    2586

    RELATING TO MOTOR VEHICLE RENTAL INDUSTRY.

    (Rental Car Collision Damage Waivers) (TMG, CPH)

    TMG/CPH
         
         
  10. Miscellaneous Communications: None
  11. Miscellaneous Business
  12. Announcements
  13. Adjournment