THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

FIFTY-FOURTH DAY

April 22, 2002-Monday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Senator Bob Nakata

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: None
  2. Departmental Communications: None
  3. House Communications: Nos. 593-598
    4.  

    Informing the Senate that on April 19, 2002, the House has agreed to the amendments proposed by the Senate and said resolution has been adopted in final form:

    REFERRAL
         

    593

    H.C.R. No. 28, S.D. 1

    "APPROVING AND AUTHORIZING THE ESTABLISHMENT OF STATE-PROVINCE RELATIONS OF FRIENDSHIP BETWEEN THE STATE OF HAWAII OF THE UNITED STATES OF AMERICA AND THE PROVINCE OF PANGASINAN OF THE REPUBLIC OF THE PHILIPPINES."

    FILE
         
         
     

    Informing the Senate that on April 19, 2002, the following Senate Concurrent Resolution(s) were Adopted in the House:

    REFERRAL

    594

    S.C.R. No. 142, H.D. 1

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

    AGREE/DISAGREE
         

    595

    S.C.R. No. 44, S.D. 1, H.D. 1

    "REQUESTING THE ARMY NATIONAL GUARD AND OTHER AGENCIES OF THE STATE OF HAWAII TO PROVIDE LOGISTICAL AND TRANSPORTATION SUPPORT TO THE EMERGENCY ENVIRONMENTAL WORKFORCE WHEN POSSIBLE."(Emergency Environmental Workforce; National Guard Assistance)

    AGREE/DISAGREE
         

    596

    S.C.R. No. 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.)

    FILE
         

    597

    S.C.R. No. 68, S.D. 1

    "AUTHORIZING DESIGNATION OF AN INDUSTRIAL PARK."(Industrial Park on Hawaii; Authorization of Designation by BLNR)

    FILE
         

    598

    S.C.R. No. 95

    "SUPPORTING THE GOALS OF THE HAWAI'I WATCHABLE WILDLIFE PROGRAM AND ENCOURAGING COLLABORATION AMONG ALL FEDERAL, STATE, AND COUNTY AGENCIES, AS WELL AS NON-PROFIT ORGANIZATIONS, AND PRIVATE SECTOR IN PROMOTING RESPONSIBLE WILDLIFE VIEWING AND NATURE-BASED TOURISM THAT BENEFIT THE PEOPLE OF THE STATE OF HAWAII."(Hawai'i Watchable Wildlife Program)

    FILE
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Conference Committee Report No. 3-02

    7. 3-02

    (48 Hr. Notice)

    		  

    H.B. No. 2382, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO CORRECTIONAL FACILITIES."

    (Recommends passage on FINAL READING as amended C.D. 1)
         
         
  7. Standing Committee Report Nos. 3452-3482

    8. 3452

    (One Day Notice)

    (CPH)

    G.M. No. 258

    "Submitting for consideration and confirmation to the Contractors License Board, Gubernatorial Nominees Leslie Isemoto, and Alvin T. Kobayashi, for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3453

    (One Day Notice)

    (CPH)

    G.M. No. 262

    "Submitting for consideration and confirmation to the Board of Electricians and Plumbers, Gubernatorial Nominees Carol H. Igarashi, term to expire 6-30-2005; Sam Failla and June Uyehara-Isono, for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3454

    (One Day Notice)

    (CPH)

    G.M. No. 263

    "Submitting for consideration and confirmation to the Elevator Mechanics Licensing Board, Gubernatorial Nominees Paul W. Condry, and Kenneth N. Shiira, terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3455

    (One Day Notice)

    (CPH)

    G.M. No. 264

    "Submitting for consideration and confirmation to the State Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominees Ken K. Hayashida, Alfredo G. Evangelista, Robert Y. Akinaka and Laurel Mau Nahme, for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3456

    (One Day Notice)

    (CPH)

    G.M. No. 270

    "Submitting for consideration and confirmation to the Board of Directors, Housing and Community Development Corporation of Hawai'i, Gubernatorial Nominees Steven J. Nishimura, for a term to expire 6-30-2004; Aipopo Aipopo Jr., and Wesley R. Segawa, for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3457

    (One Day Notice)

    (CPH)

    G.M. No. 273

    "Submitting for consideration and confirmation to the Board of Massage Therapy, Gubernatorial Nominees Michelle Nakata Takemoto, Emy M. Yamauchi and Vicki von Stroheim-Seay, for term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3458

    (One Day Notice)

    (CPH)

    G.M. No. 275

    "Submitting for consideration and confirmation to the Board of Medical Examiners, Gubernatorial Nominees G. Markus Polivka, for a term to expire 6-30-2003; Cullen T. Hayashida, Ph.D., for a term to expire 6-30-2005; Gregory Park, M.D., and Michael H. Dang, M.D., for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3459

    (One Day Notice)

    (CPH)

    G.M. No. 276

    "Submitting for consideration and confirmation to the State Board of Nursing, Gubernatorial Nominees Stephen A. Kula, Ph.D., Benjamin Mercado, L.P.N., Mary Frances Oneha, Ph.D., and Barbara Ann Tanner, R.N., for terms to expire 6-30-2005."

    (Recommends Senate Consent to Nomination)
         
         

    3460

    (One Day Notice)

    (CPH)

    G.M. No. 277

    "Submitting for consideration and confirmation to the Board of Examiners in Optometry, Gubernatorial Nominees Lee T. Nakamura, and Jon M. Ishihara, O.D., for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3461

    (One Day Notice)

    (CPH)

    G.M. No. 278

    "Submitting for consideration and confirmation to the Board of Private Detectives and Guards, Gubernatorial Nominees George Freitas, Steve Goodenow and Guy H. Kaulukukui, Ph.D., for terms to expire 6-30-2004."

    (Recommends Senate Consent to Nomination)
         
         

    3462

    (One Day Notice)

    (CPH)

    G.M. No. 279

    "Submitting for consideration and confirmation to the Board of Psychology, Gubernatorial Nominees Allyson M. Tanouye, Ph.D., and Lester K.M. Leu, for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3463

    (One Day Notice)

    (CPH)

    G.M. No. 280

    "Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial Nominees Vern M. Yamanaka, Louis E. Abrams, Kathleen Kagawa, Ph.D., Iris R. Okawa, for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3464

    (One Day Notice)

    (HHS)

    G.M. No. 287

    "Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominees Marshall Lum, for a term to expire 6-30-2003; Myron H. Nomura and Charles H. Dawrs, for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3465

    (HHS)

    H.C.R. No. 11, S.D. 1

    "REQUESTING A MANAGEMENT AUDIT OF THE DEPARTMENT OF HEALTH'S DENTAL HEALTH DIVISION. (AMENDED TITLE)"

    (Recommends Adoption)
         
         

    3466

    (One Day Notice)

    (HHS)

    H.C.R. No. 190

    "REQUESTING A REPORT BY THE PATIENT SAFETY TASK FORCE OF THE HEALTHCARE ASSOCIATION OF HAWAII."

    (Recommends Adoption)
         
         

    3467

    (One Day Notice)

    (EDT)

    H.C.R. No. 150

    "SUPPORTING THE DEVELOPMENT OF A BIOTECHNOLOGY INDUSTRY IN THE STATE OF HAWAII."

    (Recommends Adoption)
         
         

    3468

    (One Day Notice)

    (EDT)

    S.R. No. 108

    "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."

    (Recommends Adoption)
         
         

    3469

    (One Day Notice)

    (AGT)

    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"

    (Recommends Adoption)
         
         

    3470

    (One Day Notice)

    (TMG)

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

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

    (Recommends Adoption)
         
         

    3471

    (One Day Notice)

    (TMG)

    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."

    (Recommends Adoption)
         
         

    3472

    (One Day Notice)

    (EDU)

    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"

    (Recommends Adoption)
         
         

    3473

    (EDU)

    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."

    (Recommends referral to WAM)
         
         

    3474

    (EDT)

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

    "REQUESTING THE FORMATION OF A STATEWIDE ECONOMIC DEVELOPMENT TASK FORCE TO DEVELOP AND ADMINISTER AN ECONOMIC DEVELOPMENT PLAN FOR THE STATE. (AMENDED TITLE)"

    (Recommends referral to WAM)
         
         

    3475

    (EDT)

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

    "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO ADDRESS THE CONCERNS OF KOKEE STATE PARK LESSEES WITH EXPIRING LEASES AND DEVELOPMENT OF A MASTER PLAN FOR STATE PARKS. (AMENDED TITLE)"

    (Recommends referral to WAM)
         
         

    3476

    (EDT)

    H.C.R. No. 200, H.D. 1, S.D. 1

    "REQUESTING THE ESTABLISHMENT OF A TASK FORCE TO STUDY THE FEASIBILITY OF ESTABLISHING A FRESHWATER FISHERY AT THE WAHIAWA RESERVOIR, OAHU."

    (Recommends referral to WAM)
         
         

    3477

    (EDU)

    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."

    (Recommends referral to HHS)
         
         

    3478

    (EDU)

    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."

    (Recommends referral to JDC)
         
         

    3479

    (EDU)

    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."

    (Recommends referral to JDC)
         
         

    3480

    (One Day Notice)

    (CPH)

    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."

    (Recommends Adoption)
         
         

    3481

    (One Day Notice)

    (CPH)

    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."

    (Recommends Adoption)
         
         

    3482

    (One Day Notice)

    (CPH)

    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."

    (Recommends Adoption)
         
         

    3483

    (HAW)

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

    "REQUESTING THE CREATION OF A HANAI TASK FORCE TO RECOMMEND A CONSISTENT POLICY ON HANAI RELATIONSHIPS."

    (Recommends referral to JDC)
         
         

    3484

    (HAW)

    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."

    (Recommends referral to EDT)
         
         

    3485

    (48 Hrs. Notice)

    (WLE)

    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."

    (Recommends Adoption)
         
         

    3486

    (48 Hrs. Notice)

    (WLE/EDT)

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

    "AUTHORIZING THE LEASE OF NON-EXCLUSIVE EASEMENT COVERING PORTION OF SUBMERGED LANDS AT MAUNALUA, OAHU, HAWAII, FOR MAINTENANCE OF THE HAWAII KAI MARINA ENTRANCE CHANNEL PURPOSES." (AMENDED TITLE)

    (Recommends Adoption)
         
         
         

     

     

     

     

     

    ORDER OF THE DAY

  8. Advise and Consent

    9. 3444

    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."
         

    3445

    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."
         

    3446

    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."
         

    3447

    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."
         

    3448

    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."
         
         
  9. Adopt Resolutions

    10. 3449

    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."
         
         
       

    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.
         

     

     

     

     

     

     

    		    
       

    H.C.R. No. 103, H.D. 1, S.D. 2

    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)
         
         
         
  10. Re-Referrals

    11. RE-REFERRALS FOR MONDAY, APRIL 22, 2002
         

    H.C.R. NO.

    TITLE

    RE-REFERRAL
         

    53, H.D. 1

    REQUESTING ESTABLISHMENT OF A TASK FORCE TO EXAMINE STATE REGULATION OF DEATH CARE PROVIDERS.

    (Death Care; Task Force) (HHS, CPH)

    HHS
         
         

     

  11. Miscellaneous Communications: None
  12. Miscellaneous Business
  13. Announcements
  14. Adjournment