THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

FIFTIETH DAY

April 15, 2002-Monday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Senator David M. Matsuura

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: None
  2. Departmental Communications: None
  3. House Communications: Nos. 552-566
    4.  

    Informing the Senate that on April 12, 2002, the following House Concurrent Resolution(s) were Adopted in the House:

    REFERRAL
         

    552

    H.C.R. No. 37, H.D. 1

    "URGING THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH TO INTRODUCE HEALTHFUL JUICES AND SNACKS ON HAWAII SCHOOL PREMISES."

    		  
         

    553

    H.C.R. No. 65

    "URGING THE UNITED STATES NAVY TO MAINTAIN ITS INITIATIVE AND RESPONSIBILITY TO CLEAR KAHO`OLAWE OF UNEXPLODED ORDNANCE BEYOND THE DATE IT IS CURRENTLY SCHEDULED TO BE TURNED OVER TO THE STATE."(Kaho`olawe Ordnance Removal Extension)

    		  
         

    554

    H.C.R. No. 77, H.D. 1

    "REQUESTING THE DEPARTMENT OF EDUCATION TO CONDUCT A COMPREHENSIVE OCCUPATIONAL VALIDATION STUDY OF EDUCATIONAL OFFICERS AND DEVELOP A MARKET-BASED RECRUITMENT AND RETENTION PLAN."

    		  
         

    555

    H.C.R. No. 81, H.D. 1

    "REQUESTING THE CREATION OF A HANAI TASK FORCE TO RECOMMEND A CONSISTENT POLICY ON HANAI RELATIONSHIPS."(Adoption; Hanai Task Force)

    		  
         

    556

    H.C.R. No. 101, H.D. 1

    "REQUESTING A WORKING GROUP TO BE CONVENED TO EVALUATE AND RECOMMEND MEASURES TO ENCOURAGE THE USE OF SAFETY PROGRAMS SUCH AS THE EDDIE EAGLE PROGRAM FOR FIREARM SAFETY."

    		  
         

    557

    H.C.R. No. 106

    "URGING THE PRESIDENT OF THE UNITED STATES AND CONGRESS TO FULLY FUND THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT."(IDEA; Full Federal Funding)

    		  
         

    558

    H.C.R. No. 108, H.D. 1

    "REQUESTING THE AUDITOR TO CONDUCT A MANAGEMENT AUDIT OF THE PUBLIC UTILITIES COMMISSION."(Management Audit of the PUC by the Auditor )

    		  
         

    559

    H.C.R. No. 121, H.D. 1

    "REQUESTING THE UNITED STATES DEPARTMENT OF DEFENSE TO MAINTAIN THE CURRENT STRUCTURE OF THE UNITED STATES PACIFIC COMMAND."

    		  
         

    560

    H.C.R. No. 125

    "REQUESTING UNITED AIRLINES TO RESUME DIRECT NONSTOP SERVICE BETWEEN CHICAGO AND HONOLULU."(United Airlines; Chicago to Honolulu Service)

    		  
         

    561

    H.C.R. No. 148

    "DESIGNATING SEPTEMBER 23-27, 2002 AS "KIDS VOTING HAWAII WEEK"."(Kids voting Hawaii week, September 23-27, 2002)

    		  
         

    562

    H.C.R. No. 171, H.D. 1

    "REQUESTING THE CREATION OF A TASK FORCE TO RESOLVE ISSUES RELATED TO COURT-APPOINTED COUNSEL IN HAWAII."(Task Force, Court-appointed Counsel)

    		  
         

    563

    H.C.R. No. 172, H.D. 1

    "OPPOSING THE CLOSURE OF THE UNITED AIRLINES PILOT DOMICILE AND FLIGHT ATTENDANT DOMICILE IN HONOLULU, HAWAII."

    		  
         

    564

    H.C.R. No. 176

    "RECOGNIZING THE ORION SOCIETY FOR ITS COMMITMENT TO NATURE THROUGH COMMUNITY INVOLVEMENT, ART, AND WRITING, AND URGING STATE AGENCIES TO ENCOURAGE PARTICIPATION IN THE ORION SOCIETY'S FORGOTTEN LANGUAGE TOUR."(The Orion Society's Forgotten Language Tour)

    		  
         

    565

    H.C.R. No. 194, H.D. 2

    "REQUESTING THE DRAFTING AND IMPLEMENTATION OF A PROTOCOL TO ALLOW EMERGENCY CONTRACEPTION."

    		  
         
     

    Informing the Senate that on April 11, 2002, the House agreed to the amendments proposed by the Senate and said bill has passed Final Reading in the House:

    REFERRAL

    566

    H.B. No. 2167, H.D. 1,S.D.1

    RELATING TO TRAFFIC ENFORCEMENT. (Traffic Enforcement Demonstration Project; Repealer)

    FILE
         
  4. Senate Communications: None
  5. Judiciary Communications: None

    6.  

     

     

     

     

    ORDER OF THE DAY

  6. Deferred Matters - Referrals
    7.  

    Informing the Senate that on April 11, 2002, the following House Concurrent Resolution(s) were Adopted in the House:

    REFERRAL
         

    506

    H.C.R. No. 16

    "RELATING TO THE BIENNIAL REVIEW OF THE COMPENSATION PLANS AND THE COSTS THEREOF."( Biennial Review of the Compensation Plans)

    		  
         

    507

    H.C.R. No. 17

    "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)

    		  
         

    508

    H.C.R. No. 18

    "AUTHORIZING THE LEASE OF EASEMENT COVERING PORTION OF SUBMERGED LANDS AT LAHAINA, MAUI, HAWAII, FOR CONCRETE PIER AND DECK PURPOSES."(For Concrete Pier and Deck Purposes)

    		  
         

    509

    H.C.R. No. 19, H.D. 2

    "REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES TO ISSUE A LONG-TERM LEASE FOR THE MARINE FUEL FACILITY PREMISES AT ALA WAI SMALL BOAT HARBOR TO PROVIDE CONTINUED FUELING SERVICES TO THE BOATING PUBLIC AT THAT LOCATION."(Ala Wai Fuel Facility; Long Term Lease)

    		  
         

    510

    H.C.R. No. 21

    "AUTHORIZING THE LEASE OF EASEMENT COVERING PORTION OF SUBMERGED LANDS AT MAUNALUA, HONOLULU, OAHU, FOR MAINTENANCE OF BREAKWATER PURPOSES. (Maintenance of breakwater)

    		  
         

    511

    H.C.R. No. 26

    "REQUESTING THE AUDITOR TO STUDY THE FEASIBILITY OF TRANSFERRING THE OPERATION AND MANAGEMENT OF THE ALOHA STADIUM FROM THE HAWAII STADIUM AUTHORITY TO THE UNIVERSITY OF HAWAII AND THE KAPOLEI RECREATIONAL SPORTS COMPLEX TO THE UNIVERSITY OF HAWAII OR THE DEPARTMENT OF LAND AND NATURAL RESOURCES."

    		  
         

    512

    H.C.R. No. 42, H.D. 1

    "REQUESTING A REVIEW OF THE PERFORMANCE INFORMATION PURCHASE SYSTEM."

    		  
         

    513

    H.C.R. No. 43

    "REQUESTING THE DEPARTMENT OF BUDGET AND FINANCE TO ENTER INTO A FINANCING AGREEMENT FOR A NEW ELEMENTARY SCHOOL IN KAHULUI, MAUI." (Central Maui; Elementary School Financing)

    		  
         

    514

    H.C.R. No. 47, H.D. 1

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

    		  
         

    515

    H.C.R. No. 48

    "REQUESTING THE GOVERNOR AND THE PRESIDENT OF THE UNIVERSITY OF HAWAII TO ESTABLISH SISTER-STATE EDUCATIONAL, CULTURAL, AND ECONOMIC EXCHANGES BETWEEN THE STATE OF HAWAII AND THE PROVINCE OF ILOCOS SUR OF THE REPUBLIC OF THE PHILIPPINES."(Request to establish educational, cultural and economic development exchanges between the state of Hawaii and the sister province of Ilocos Sur)

    		  
         

    516

    H.C.R. No. 56, H.D. 1

    "REQUESTING THE SOCIAL SCIENCE RESEARCH INSTITUTE OF THE UNIVERSITY OF HAWAII TO CONDUCT AN ASSESSMENT OF THE EDUCATIONAL NEEDS OF THE NORTH HAWAII REGION."

    		  
         

    517

    H.C.R. No. 62

    "REQUESTING THE DEPARTMENT OF PUBLIC SAFETY, WITH THE ASSISTANCE OF THE HAWAII CRIMINAL JUSTICE DATA CENTER, TO COMPARE THE RECIDIVISM RATES OF INMATES TRANSFERRED TO MAINLAND CORRECTIONAL FACILITIES WITH SIMILARLY SITUATED INMATES WHO REMAINED INCARCERATED IN HAWAII."(Inmates housed in mainland correctional facilities; Recidivism study)

    		  
         

    518

    H.C.R. No. 70, H.D. 1

    "URGING THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE TO INITIATE A PROGRAM TO ERADICATE FRUIT FLIES IN HAWAII."

    		  
         

    519

    H.C.R. No. 72

    "URGING THE HAWAII TOURISM AUTHORITY TO DEVELOP AN OVERALL STRATEGY, POLICY, AND PLAN TO AWARD TOURISM PRODUCT ENRICHMENT AND DIVERSIFICATION GRANTS."(HTA; Tourism Enrichment and Diversification Grants)

    		  
         

    520

    H.C.R. No. 75

    "REQUESTING THE AUDITOR TO ANALYZE THE PROBABLE EFFECTS OF PROPOSED REGULATION OF ATHLETE AGENTS AND ASSESS WHETHER ITS ENACTMENT IS CONSISTENT WITH STATE POLICY."

    		  
         

    521

    H.C.R. No. 82

    "URGING THE USE OF ALTERNATIVE ENERGY SOURCES TO ADDRESS ENERGY NEEDS ON THE ISLAND OF KAHO`OLAWE."(Alternate Energy Research on Kaho`olawe)

    		  
         

    522

    H.C.R. No. 94, H.D. 1

    "REQUESTING THE ESTABLISHMENT OF AN AGRICULTURAL TASK FORCE TO DEVELOP RECOMMENDATIONS FOR THE PROMOTION OF AGRICULTURAL DEVELOPMENT AND THE PROTECTION OF EXISTING AGRICULTURAL LAND RESOURCES AND THEIR COMPONENTS."

    		  
         

    523

    H.C.R. No. 95

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY CONCERNING THE USE OF EXISTING RAILROAD TRACKS AND PREVIOUS RIGHTS OF WAYS TO REVITALIZE RAIL AND OTHER ALTERNATIVE FORMS OF TRANSIT."(DOT study; Rail transit)

    		  
         

    524

    H.C.R. No. 105

    "REQUESTING THE AUDITOR TO CONDUCT A STUDY OF PRINTING PRODUCTS AND SERVICES UTILIZED, CONTRACTED, AND SUBCONTRACTED BY HAWAII STATE GOVERNMENT"(Requesting the auditor to conduct a study of printing products and services utilized, contracted, and sub-contracted by Hawaii State government.)

    		  
         

    525

    H.C.R. No. 107, H.D. 1

    "REQUESTING THE SPECIAL ASSISTANT ON CHILDREN AND FAMILIES IN THE OFFICE OF THE GOVERNOR TO CONVENE AND CO-CHAIR THE HAWAII AFTER-SCHOOL INITIATIVE."(After-school Initiative)

    		  
         

    526

    H.C.R. No. 112

    "REQUESTING THE GOVERNOR TO CONVENE A TASK FORCE REGARDING A LIGHT RAIL SYSTEM."(Light Rail System)

    		  
         

    527

    H.C.R. No. 117, H.D. 1

    "REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY THE MOVEMENT OF CAPITAL OUT OF THE STATE."(LRB to study movement of capital out of the State)

    		  
         

    528

    H.C.R. No. 118

    "REAFFIRMING SUPPORT FOR THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII'S HOPE VI REVITALIZATION GRANT APPLICATION FOR KUHIO PARK TERRACE AND URGING THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ACT FAVORABLY ON THE APPLICATION."(Kuhio Park Terrace; Hawaii's Hope VI Revitalization Grant App)

    		  
         

    529

    H.C.R. No. 128

    "REQUESTING THE UNIVERSITY OF HAWAII TO STUDY THE FEASIBILITY OF PERMITTING CERTAIN IMMIGRANT STUDENTS WHO HAVE NOT YET ATTAINED LEGAL PERMANENT RESIDENT STATUS TO ATTEND THE UNIVERSITY OF HAWAII AT THE RESIDENT TUITION RATE."(Immigrant students; resident tuition)

    		  
         

    530

    H.C.R. No. 130

    "REQUESTING THE AUDITOR TO CONDUCT A MANAGEMENT AND PERFORMANCE AUDIT OF THE EMPLOYEES' RETIREMENT SYSTEM."(Employees' Retirement System; Management and Performance Audit)

    		  
         

    531

    H.C.R. No. 131

    "REQUESTING THE INSURANCE COMMISSIONER TO DO AN ACTUARIAL ANALYSIS OF THE UTILIZATION AND RATE IMPACTS, IF ANY, OF REINSTATING NATUROPATHY AMONG THE PERSONAL INJURY PROTECTION BENEFITS IN MOTOR VEHICLE INSURANCE."(NATUROPATHY)

    		  
         

    532

    H.C.R. No. 132, H.D. 1

    "REQUESTING THE AUDITOR TO CONDUCT A FINANCIAL AND MANAGEMENT AUDIT OF CONNECTIONS, VOYAGER, LANIKAI ELEMENTARY, KANU O KA AINA, WEST HAWAII EXPLORATION ACADEMY, AND WATERS OF LIFE CHARTER SCHOOLS."(Charter School; Audit)

    		  
         

    533

    H.C.R. No. 134, H.D. 1

    "REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY OF THE GUARDIANS AD LITEM/ATTORNEY STATUTORY FEE REQUIREMENTS TO DETERMINE IF THERE IS A MORE EFFECTIVE MODEL THAT COULD BE ADOPTED FOR HAWAII."(Guardians Ad Litem; Study)

    		  
         

    534

    H.C.R. No. 137, H.D. 1

    "SUPPORTING CONGRESS'S PLAN TO ENDORSE AND OBTAIN OBSERVER STATUS FOR TAIWAN AT THE ANNUAL SUMMIT OF THE WORLD HEALTH ASSEMBLY IN MAY 2002 IN GENEVA, SWITZERLAND."(WHO; Taiwan)

    		  
         

    535

    H.C.R. No. 139, H.D. 1

    "REQUESTING THE AUDITOR TO CONDUCT A STUDY ON VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS TO DETERMINE THEIR FEASIBILITY AS VIABLE HEALTH INSURANCE PLANS FOR PUBLIC EMPLOYEES, RETIREES, AND THEIR DEPENDENTS."(Requesting the Auditor to conduct a study on VEBAs and their feasibility as viable health insurance plans.)

    		  
         

    536

    H.C.R. No. 150

    "SUPPORTING THE DEVELOPMENT OF A BIOTECHNOLOGY INDUSTRY IN THE STATE OF HAWAII."(Biotechnology Industry; Task Force)

    		  
         

    537

    H.C.R. No. 151, H.D. 1

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION, IN COOPERATION WITH COUNTY GOVERNMENTS, TO DEVELOP A PLAN FOR THE REGULAR MAINTENANCE OF ROADS IN LIMBO."(Department of Transportation, in cooperation with COUNTY )

    		  
         

    538

    H.C.R. No. 155, H.D. 1

    "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO ADDRESS THE CONCERNS OF KOKEE STATE PARK LESSEES WITH EXPIRING LEASES."

    		  
         

    539

    H.C.R. No. 159

    "REQUESTING THAT COMPANIES SUPPLYING ELECTRONIC DEVICES TO CONSUMERS INVESTIGATE EFFICIENCY TO REDUCE FINANCIAL AND ENVIRONMENTAL COSTS."(Electricity; Energy Savings)

    		  
         

    540

    H.C.R. No. 173, H.D. 1

    "REQUESTING THE AUDITOR TO REVIEW PRIVATIZATION CONTRACTS ENTERED INTO BY CERTAIN STATE AND COUNTY AGENCIES."

    		  
         

    541

    H.C.R. No. 179, H.D. 1

    "REQUESTING DEVELOPMENT OF AN ACTION PLAN TO ASSESS AND REDUCE CARBON DIOXIDE EMISSIONS."(Carbon dioxide emissions; DOH requested to develop an action plan to assess and reduce emissions and report to 2003 Legislature. (HCR179 HD1) )

    		  
         

    542

    H.C.R. No. 181

    "REQUESTING PLANNING COLLABORATION BETWEEN THE UNIVERSITY OF HAWAII AND THE LEGISLATURE."(University of Hawaii; Policy Briefings)

    		  
         

    543

    H.C.R. No. 187, H.D. 1

    "REQUESTING THE AUDITOR TO EVALUATE THE OPERATIONAL EFFICIENCY AND PROGRAMMATIC EFFECTIVENESS OF THE STATE'S INTEGRATED SPECIAL EDUCATION DATABASE SYSTEM."(Integrated Special Education Database System; ISPED)

    		  
         

    544

    H.C.R. No. 193

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO CONVENE A TASK FORCE TO EXAMINE WAYS TO CONTROL THE USE OF MOTORIZED SCOOTERS AND OTHER MOTORIZED DEVICES ON SIDEWALKS, HIGHWAYS, AND PUBLIC AREAS."(Motorized Scooters; Task Force)

    		  
         

    545

    H.C.R. No. 195, H.D. 1

    "URGING THE DESIGNATION OF ALL AREAS OF THE STATE CAPITOL AS A SMOKE-FREE WORKPLACE."(Smoke-free Workplace; State Capitol)

    		  
         

    546

    H.C.R. No. 199, H.D. 1

    "REQUESTING THE GOVERNOR TO DESIGNATE THE MONTH OF AUGUST 2002, AS THE "DUKE PAOA KAHANAMOKU HO'OLAULEA" TO COMMEMORATE THE LIFETIME ACCOMPLISHMENTS OF DUKE PAOA KAHANAMOKU."

    		  
         
         
  7. Adopt Resolution
    8.    

    REFFERAL
     

    S.C.R. No. 182

    "REQUESTING THE GOVERNOR TO RETURN SENATE BILL NO. 748 TO THE SENATE TO RECONSIDER ACTION TAKEN."

    ADOPT
         
  8. Miscellaneous Communications: None
  9. Miscellaneous Business
  10. Announcements
  11. Adjournment