THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

FIFTY-THIRD DAY

April 19, 2002-Friday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Sister Francis Regis, OSF

St. Francis Convent and Schools

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: Nos. 351-353

    2. G.M. NO.

    TITLE

    REFERRAL
         

    351

    Informing the Senate that on April 18, 2002, the Governor signed the following bill into law: SB410, SD3 (Act023)

    FILE
         

    352

    Informing the Senate that on April 18, 2002, the Governor returned the following bill without approval: SB748

    FILE
         

    353

    Informing the Senate that on April 18, 2002, the Governor returned the following bill without approval: HB2467

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: Nos.586-592
    4.  

    Informing the Senate that on April 18, 2002, the House named conferees for the consideration of amendments proposed by the House to the following Senate Bills:

    REFERRAL

    586

    SB331, SD2, HD2

    Representatives Kahikina/Hamakawa, Co-Chairs; Auwae

    FILE
     

    SB859, SD1, HD2

    Representatives Garcia/Hamakawa, Co-Chairs; Auwae

    		  
     

    SB2179, SD2, HD1

    Representatives Morita/Hiraki/Takamine, Co-Chairs; Schatz, Rath, Whalen

    		  
     

    SB3047, SD1, HD1

    Representatives Arakaki/Kahikina/Kawakami, Co-Chairs Cabreros, McDermott, Stonebraker

    		  
         
         
     

    Informing the Senate that on April 18, 2002, the House reconsidered its action in disagreeing to the amendments proposed by the Senate and has agreed and that said bill has passed Final Reading in the House:

    REFERRAL

    587

    HB1768, HD1,SD1

    FILE
         
         
     

    Informing the Senate that on April 18, 2002, the House reconsidered its action in disagreeing to the amendments proposed by the Senate and has agreed and that said bills have passed Final Reading in the House:

    REFERRAL

    588

    HB1970, SD1

    HB2009, HD1, SD1

    FILE
         
         
     

    Informing the Senate that on April 18, 2002, the House reconsidered its action in disagreeing to the amendments proposed by the Senate and has agreed and that said bills have passed Final Reading in the House:

    REFERRAL

    589

    HB1746, HD1, SD1

    HB2056, HD2, SD2

    HB2169, HD2, SD1

    FILE
         
         
     

    Informing the Senate that on April 18, 2002, the House made changes to conferee assignments to the following bill(s):

    REFERRAL
         

    590

    S.B. No. 2069, S.D. 2, H.D. 1

    Discharged Representative Ito as first Co-Chair.

    Added Representative Takumi as first Co-Chair.

    FILE
         
         
     

    Informing the Senate that on April 18, 2002, the following Senate Concurrent Resolution(s) were Adopted in the House:

    REFERRAL
         

    591

    S.C.R. No. 75, S.D. 1, H.D. 1

    "REQUESTING THE OFFICE OF PLANNING TO CONVENE A FOOD SECURITY TASK FORCE TO DEVELOP AN ACTION PLAN TO ENHANCE FOOD SECURITY IN HAWAII."(Patient Safety Task Force; Healthcare Association Of Hawaii)

    AGREE/DISAGREE
         

    592

    S.C.R. No. 50

    "DECLARING THE WISHES OF THE LEGISLATURE WITH RESPECT TO THE PRESERVATION AND PROTECTION OF EXISTING AGRICULTURAL LAND RESOURCES AND THEIR COMPONENTS."(Preservation and Protection of Existing Agricultural Land)

    FILE
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Senate Communications: No. 4

    7.  

    Notice to Governor dated April 18, 2002, transmitting the following bill(s) which proposes amendments to the Hawaii Constitution:

    REFERRAL

    4

    SB996, HD1, CD1

    "PROPOSING AMENDMENTS TO ARTICLE I, SECTION 10, OF THE HAWAII CONSTITUTION."

    JOURNAL
  7. Conference Committee Report Nos. 1-02 – 2-02; 51-02 – 52-02

    8. 1-02

    (Deferred Until 04-30-2002)

    H.B. No. 2848, H.D. 1, S.D. 2, C.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." (Recommends passage on FINAL READING)
       
       

    2-02

    (Deferred Until 04-30-2002)

    H.B. No. 1012, S.D. 1, C.D. 1

    "PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6, OF THE HAWAII CONSTITUTION, TO CHANGE THE ELIGIBILITY TO SERVE AS A MEMBER OF THE SENATE OR HOUSE OF REPRESENTATIVES." (Recommends passage on FINAL READING)
       
       

    51-02

    (Deferred Until 04-30-2002)

    S.B. No. 996, H.D. 1, C.D. 1

    "PROPOSING AMENDMENTS TO ARTICLE I, SECTION 10, OF THE HAWAII CONSTITUTION." (Recommends passage on FINAL READING)
       
       

    52-02

    (Deferred Until 04-30-2002)

    S.B. No. 997, H.D. 1, C.D. 1

    "RELATING TO CRIMINAL OFFENSES." (Recommends passage on FINAL READING)
       
       
       
       
  8. Standing Committee Report Nos. 3444-3451

    9. 3444

    (One Day Notice)

    (EDU)

    G.M. No. 259

    "Submitting for consideration and confirmation to the State Foundation on Culture and the Arts Commission, Gubernatorial Nominee Charles M. Freedman, term to expire 6-30-2002; Mary Philpotts, term to expire 6-30-2005; Mona Abadir and Charles M. Freedman, term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3445

    (One Day Notice)

    (EDU)

    G.M. No. 281

    "Submitting for consideration and confirmation to the Board of Regents, University of Hawai'i, Gubernatorial Nominees Everett R. Dowling, and Myron A. Yamasato, for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3446

    (One Day Notice)

    (EDU)

    G.M. No. 288

    "Submitting for consideration and confirmation to the Western Interstate Commission for Higher Education (WICHE), Gubernatorial Nominee, Doris M. Ching, Ed.D., for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3447

    (One Day Notice)

    (TMG)

    G.M. No. 274

    "Submitting for consideration and confirmation to the Medical Advisory Board, Gubernatorial Nominees David A. Kaku, M.D., Kevin K. Lui, O.D., Samuel Dacanay, M.D., and David Mai, M.D., for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3448

    (One Day Notice)

    (TMG)

    G.M. No. 286

    "Submitting for consideration and confirmation to the Commission on Transportation, Gubernatorial Nominees Kazu Hayashida, for a term to expire 6-30-2004; Harold K. Kageura, for a term to expire 6-30-2005; James C. Pacopac, William H. Crozier III, Kirk T. Tanaka and Norman K. Tsuji, for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3449

    (One Day Notice)

    (TMG)

    H.C.R. No. 34

    "REQUESTING CONGRESS AND THE PRESIDENT OF THE UNITES 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."

    (Recommends Adoption)
         
         

    3450

    (WLE)

    H.C.R. No. 103, H.D. 1, S.D. 1

    "REQUESTING THE STATE ENVIRONMENTAL COUNCIL, THE DEPARTMENT OF LAND AND NATURAL RESOURCES, SIERRA CLUB, HAWAII CHAPTER, LAND USE RESEARCH FOUNDATION, CONSERVATION COUNCIL OF HAWAII, ESTATE OF JAMES CAMPBELL, EARTHJUSTICE LEGAL DEFENSE FUND, UNIVERSITY OF HAWAII, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM, AND OTHER INTERESTED PARTIES, TO ANALYZE POTENTIAL AMENDMENTS TO HAWAII'S ENDANGERED SPECIES LAW, CHAPTER 195D, HAWAII REVISED STATUTES, TO FURTHER THE GOALS OF PROTECTING AND PROMOTING THE RECOVERY OF HAWAII'S UNIQUE AND IMPERILED FLORA AND FAUNA." (AMENDED TITLE)

    (Recommends referral to WAM)
         
         

    3451

    (AGT)

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

    (Recommends referral to WAM)
         
         

    ORDER OF THE DAY

  9. Advise and Consent

    10. 3434

    JDC

    G.M. No. 229

    "Submitting for consideration and confirmation to the Civil Rights Commission, Gubernatorial Nominee Richard Turbin, for a term to expire 6-30-2004"
         
         

    3435

    JDC

    G.M. No. 241

    "Submitting for consideration and confirmation to the Commission to Promote Uniform Legislation, Gubernatorial Nominee Elizabeth Kent, for a term to expire 6-30-2006."
         
         

    3436

    JDC

    G.M. No. 260

    "Submitting for consideration and confirmation to the Defender Council, Gubernatorial Nominees Dana Ishibashi and Pamela E. Tamashiro, terms to expire 6-30-2006."
         

    3437

    LBR

    G.M. No. 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."
         

    3438

    LBR

    G.M. No. 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."
         
         

    3439

    AGT

    G.M. No. 172

    "Submitting for consideration and confirmation to the Board of Directors, Agribusiness Development Corporation, Gubernatorial Nominee Wayne K. Katayama, for a term to expire 6-30-2005."
         
         

    3440

    HHS

    G.M. No. 261

    "Submitting for consideration and confirmation to the Policy Advisory Board for Elder Affairs, Gubernatorial Nominees Robert P. Takushi, Barbara K. Ideta, Joan P. White, and Carol H. Kikkawa-Ward, for terms to expire 6-30-2006."
         
         

    3441

    HHS

    G.M. No. 265

    "Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Health Systems Corporation, Gubernatorial Nominees Kenneth H. Sandefur, for a term to expire 6-30-2004; Richard E. Meiers, for a term to expire 6-30-2006."

     

     

     

     

     

     

     

    		    
  10. Adopt Resolutions

    11. 3433

    TIA

    S.R. No. 73, S.D. 1

    "URGING THE HAWAII TOURISM AUTHORITY TO DELAY ANY CONTRACT EXTENSIONS OR NEW CONTRACT AWARDS UNTIL THE SUCCESSOR TO THE CURRENT BOARD MEMBERS HAVE BEEN APPOINTED. (AMENDED TITLE)"
         
         
  11. Third Reading

    12. Stand. Com. Rep. No. 3430

    H.B. No. 2307, H.D. 1

    "RELATING TO ELECTRONIC TRANSACTIONS." - (JDC)

    (Electronic Transactions)
       
       
  12. Re-Referrals

    13. RE-REFERRALS FOR FRIDAY, APRIL 19, 2002
         

    H.C.R. NO.

    TITLE

    RE-REFERRAL
         

    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. (AGT, TIA)

    AGT
         
         

    121, H.D. 1

    REQUESTING THE UNITED STATES DEPARTMENT OF DEFENSE TO MAINTAIN THE CURRENT STRUCTURE OF THE UNITED STATES PACIFIC COMMAND. (TMG, JDC)

    TMG
         

    123

    REQUESTING THE UNITED NATIONS TO CONSIDER THE ESTABLISHMENT IN HAWAII, OF A CENTER FOR THE HEALTH, WELFARE, AND EDUCATION OF CHILDREN, YOUTH, AND FAMILIES FOR ASIA AND THE PACIFIC AND REQUESTING SUPPORT FOR THE CENTER FROM THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES.

    (Children & Youth; United Nations Center in Hawaii) (HHS/TIA)

    HHS
         
         

    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) ) (WLE, WAM)

    WLE, CPH/WAM
         
         
  13. Miscellaneous Communications: None
  14. Miscellaneous Business
  15. Announcements
  16. Adjournment