THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

FIFTY-FIFTH DAY

April 23, 2002-Tuesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend William O'Connell

Chaminade University of Honolulu

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No. 354

    2. G.M. NO.

    TITLE

    REFERRAL
         

    354

    Dated April 26, 2002, transmitting the 2000-2001 Annual Report of the State Foundation on Culture and the Arts, pursuant to Section 9-3, HRS.

    FILE
         
         
  2. Departmental Communications: None

    3.  

     

     

     

  3. House Communications: Nos. 599-621
    4.  

    Informing the Senate that on April 22, 2002, the House made changes to conferee assignments to the following bill:

    REFERRAL
         

    599

    H.B. No. 1800, H.D. 1, S.D. 1

    "RELATING TO THE STATE BUDGET."

    Added Representatives Suzuki, Gomes and Meyer as Members.

    FILE
         
     

    Informing the Senate that on April 22, 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
         

    600

    H.B. No. 2387, H.D. 1, S.D. 1

    "RELATING TO THE PENAL CODE."(Offense of Desecration)

    FILE
         
         
     

    Informing the Senate that on April 22, 2002, the following Senate Concurrent Resolution(s) were Adopted in the House:

    REFERRAL
         

    601

    S.C.R. No. 15, S.D. 1, H.D. 1

    "CREATING A WORKING GROUP OF REPRESENTATIVES FROM HAWAIIAN ORGANIZATIONS, THE DEPARTMENT OF HAWAIIAN HOME LANDS, AND THE DEPARTMENT OF HEALTH TO FORM A COALITION TO PROVIDE BETTER ACCESS TO STATE VITAL STATISTICS RECORDS."

    AGREE/DISAGREE
         

    602

    S.C.R. No. 35, S.D. 1, H.D. 1

    "SUPPORTING THE COLLABORATIVE EFFORTS AND THE PARTNERING INITIATIVES OF THE VETERANS' ADMINISTRATION (VA) STATE HOME CONSTRUCTION OFFICE IN WASHINGTON, D.C., THE HAWAII HEALTH SYSTEMS CORPORATION, THE HAWAII VA MEDICAL AND REGIONAL OFFICE CENTER (VAMROC), AND THE HAWAII OFFICE OF VETERANS' SERVICES, TO ESTABLISH A STATE-OF-THE-ART VA STATE HOME FACILITY ON THE CAMPUS OF THE HILO MEDICAL CENTER WHICH WILL PROVIDE CRITICALLY NEEDED, HIGH QUALITY, ACCESSIBLE LONG-TERM CARE SERVICES TO VA BENEFICIARIES RESIDING IN EAST HAWAII COUNTY."

    AGREE/DISAGREE
         

    603

    S.C.R. No. 43, H.D. 1

    "ENCOURAGING STATE AGENCIES TO TAKE ACTION ON TRANSPORTATION ISSUES AFFECTING THE ECONOMY."(Encourages all relevant state agencies to take action on transportation issues that affect the economy.)

    AGREE/DISAGREE
         

    604

    S.C.R. No. 48, S.D. 1, H.D. 1

    "REQUESTING THE AUDITOR TO REASSESS THE SOCIAL AND FINANCIAL EFFECTS OF REQUIRING HEALTH INSURERS TO OFFER COVERAGE FOR SERVICES PROVIDED BY COMPLEMENTARY ALTERNATIVE CARE PROVIDERS."

    AGREE/DISAGREE
         

    605

    S.C.R. No. 63, H.D. 1

    "REQUESTING THAT A TASK FORCE BE CONVENED TO STUDY THE FEASIBILITY OF HAVING THE DEPARTMENT OF HEALTH REGULATE TOBACCO AS A CONSUMER PRODUCT."(Regulating tobacco as a consumer product; task force.)

    AGREE/DISAGREE
         

    606

    S.C.R. No. 69, H.D. 1

    "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 UNITED STATES CONGRESS."(Children & Youth; United Nations Center in Hawaii)

    AGREE/DISAGREE
         

    607

    S.C.R. No. 82, S.D. 1, H.D. 1

    "REQUESTING THE AUDITOR TO CONDUCT AN AUDIT OF THE FAMILY COURT SYSTEM."(ASSESSMENT OF THE HAWAII FAMILY COURT SYSTEM.)

    AGREE/DISAGREE
         

    608

    S.C.R. No. 100, S.D. 1, 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, AND REQUESTING THE AUDITOR TO CONDUCT AN AUDIT OF THE GUARDIAN AD LITEM FEES."

    AGREE/DISAGREE
         

    609

    S.C.R. No. 102, H.D. 1

    "REQUESTING FEDERAL REIMBURSEMENT RESULTING FROM THE IMPACT OF LAWFUL NONIMMIGRANTS FROM THE FEDERATED STATES OF MICRONESIA, THE REPUBLIC OF THE MARSHALL ISLANDS, AND PALAU OVER THE PAST 15 YEARS AND ADEQUATE FINANCIAL ASSISTANCE TO AMELIORATE ANY FURTHER IMPACT."

    AGREE/DISAGREE
         

    610

    S.C.R. No. 169, S.D. 1, H.D. 1

    "REQUESTING THE FORMATION OF THE POWER QUALITY TASK FORCE TO STUDY ISSUES RELATING TO RESPONSIBILITY OVER POWER QUALITY IN HAWAII."(PUC; Open Docket or Convening Power Quality Task Force)

    AGREE/DISAGREE
         

    611

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

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

    FILE
         

    612

    S.C.R. No. 39, S.D. 1

    "REQUESTING A REVIEW OF THE PERFORMANCE INFORMATION PROCUREMENT SYSTEM."(Requesting DAGS to form an advisory committee to review PIPS and report to the legislature.)

    FILE
         

    613

    S.C.R. No. 98, S.D. 2

    "REQUESTING A CONSIDERATION OF THE FEASIBILITY OF OPENING A PUBLIC UTILITIES COMMISSION DOCKET RELATING TO STANDBY CHARGES AND CUSTOMER RETENTION DISCOUNTS."

    FILE
         

    614

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

    "URGING THE USE OF ALTERNATIVE ENERGY SOURCES TO ADDRESS ENERGY NEEDS ON THE ISLAND OF KAHO`OLAWE."

    FILE
         

    615

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

    "REQUESTING THE AUDITOR TO REVIEW PRIVATIZATION CONTRACTS ENTERED INTO BY CERTAIN STATE AND COUNTY AGENCIES."(Auditor; Review of Privatization Contracts)

    FILE
         

    616

    S.C.R. No. 109

    "REQUESTING THE JUDICIARY TO MONITOR THE COLLECTION OF CRIME VICTIM COMPENSATION FEES."(Crime Victim Compensation; Fee Collection Report)

    FILE
         

    617

    S.C.R. No. 110

    "REQUESTING DEVELOPMENT AND IMPLEMENTATION OF A STRATEGY FOR STATEWIDE ERADICATION OF PEST FRUIT FLIES."(Eradication of Fruit Flies)

    FILE
         

    618

    S.C.R. No. 113

    "REQUESTING AN AUDIT OF VARIOUS EXECUTIVE DEPARTMENTS REGARDING CEDED LAND REVENUES. (AMENDED TITLE)"(State Agency Ceded Lands Audit)

    FILE
         

    619

    S.C.R. No. 127, S.D. 1

    "URGING ADEQUATE FINANCIAL IMPACT ASSISTANCE FOR PROVIDING SERVICES TO CITIZENS OF THE FREELY ASSOCIATED STATES WHO RESIDE IN THE STATE OF HAWAII."

    FILE
         

    620

    S.C.R. No. 136, 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)"(Leased Residences in Kokee State Park; DLNR)

    FILE
         

    621

    S.C.R. No. 161, S.D. 1

    "APPROVING AND AUTHORIZING THE ESTABLISHMENT OF A SISTER-STATE RELATIONSHIP BETWEEN THE STATE OF HAWAII OF THE UNITED STATES OF AMERICA AND THE MUNICIPALITY OF TIANJIN IN THE PEOPLE'S REPUBLIC OF CHINA."

    FILE
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Conference Committee Reports: Nos. 53-02

    7. 53-02

    (48 Hrs. Notice)

    		  

    S.B. No. 2732, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO BUSINESS REGISTRATION."

    (Recommends passage on FINAL READING as amended C.D. 1)
         
         
  7. Standing Committee Reports: No(s). 3487-3505

    8. 3487

    (48 Hrs. Notice)

    (WLE/TMG)

    H.C.R. No. 21

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

    (Recommends Adoption)
         
         

    3488

    (One Day Notice)

    (CPH)

    G.M. No. 282

    "Submitting for consideration and confirmation to the Board of Speech Pathology and Audiology, Gubernatorial Nominees Lenhanh P. Tran, M.D., Ana A. Gamble, Faye A.T. Matsunaga, Margaret K. Wada, and Mona S. Takumi, for terms to expire 6-30-2005."

    (Recommends Senate Consent to Nomination)
         
         

    3489

    (One Day Notice)

    (WLE)

    G.M. No. 176

    "Submitting for consideration and confirmation to the Kaho'olawe Island Reserve Commission, Gubernatorial Nominee Charles P.M.K. Burrows, Ed.D., for a term to expire 6-30-2004"

    (Recommends Senate Consent to Nomination)
         
         

    3490

    (One Day Notice)

    (WLE)

    G.M. No. 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."

    (Recommends Senate Consent to Nomination)
         
         

    3491

    (One Day Notice)

    (WLE)

    G.M. No. 234

    "Submitting for consideration and confirmation to the Board of Land and Natural Resources, Gubernatorial Nominee Toby Martyn, for a term to expire 6-30-2005; Timothy E. Johns, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3492

    (One Day Notice)

    (WLE)

    G.M. No. 235

    "Submitting for consideration and confirmation to the Natural Area Reserves System Commission, Gubernatorial Nominee James D. Jacobi, Ph.D., for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3493

    (One Day Notice)

    (WLE)

    G.M. No. 242

    "Submitting for consideration and confirmation to the Board of Certification of Public Water Systems Operators, Gubernatorial Nominee Ian Kagimoto, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3494

    (One Day Notice)

    (WLE)

    G.M. No. 271

    "Submitting for consideration and confirmation to the Kaho'olawe Island Reserve Commission, Gubernatorial Nominee Noa Emmett Aluli, M.D., for terms to expire 6-30-2005."

    (Recommends Senate Consent to Nomination)
         
         

    3495

    (One Day Notice)

    (WLE)

    G.M. No. 272

    "Submitting for consideration and confirmation to the Board of Land and Natural Resources, Gubernatorial Nominee Gerald L. De Mello, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3496

    (One Day Notice)

    (LBR)

    G.M. No. 303

    "Submitting for consideration and confirmation to the Board of Trustees, Deferred Compensation Plan, Gubernatorial Nominee Ronald N. Hirano, for a term to expire 6-30-2004."

    (Recommends Senate Consent to Nomination)
         
         

    3497

    (One Day Notice)

    (EDT)

    G.M. No. 266

    "Submitting for consideration and confirmation to the Hawai'i Television and Film Advisory Board, Gubernatorial Nominees Brenda K. H. Ching, for a term to expire 6-30-2003; Christopher Lee, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3498

    (One Day Notice)

    (EDT)

    G.M. No. 267

    "Submitting for consideration and confirmation to the Board of Directors, Hawai'i Strategic Development Corporation, Gubernatorial Nominees Glenn S. Yamada, for a term to expire 6-30-2003; Edmund C. Aczon, for a term to expire 6-30-2005; and Allan S. Kitagawa, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3499

    (One Day Notice)

    (EDT)

    G.M. No. 269

    "Submitting for consideration and confirmation to the Board of Directors, High Technology Development Corporation, Gubernatorial Nominees Stacey C.G. Hee, and Gail Ann M. Honda, Ph.D., for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3500

    (One Day Notice)

    (LBR)

    H.C.R. No. 130

    "REQUESTING THE AUDITOR TO CONDUCT A MANAGEMENT AND PERFORMANCE AUDIT OF THE EMPLOYEES' RETIREMENT SYSTEM."

    (Recommends Adoption)
         
         

    3501

    (One Day Notice)

    (LBR)

    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."

    (Recommends Adoption)
         
         

    3502

    (One Day Notice)

    (JDC)

    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."

    (Recommends Adoption)
         
         

    3503

    (One Day Notice)

    (JDC)

    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 Adoption)
         
         

    3504

    (One Day Notice)

    (JDC)

    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."

    (Recommends Adoption)
         
         

    3505

    (One Day Notice)

    (JDC)

    S.R. No. 96, S.D. 1

    "REQUESTING THE TIMELY PROCESSING OF EDUCATIONAL FACILITIES PROJECTS AND THE DEVELOPMENT OF NEW SCHOOL CONSTRUCTION. (AMENDED TITLE)"

    (Recommends Adoption)
         
         
         

    ORDER OF THE DAY

  8. Advise and Consent

    9. 3452

    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."
         

    3453

    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."
         

    3454

    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."
         

    3455

    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."
         

    3456

    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."
         

    3457

    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."
         

    3458

    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."
         

    3459

    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."
         

    3460

    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."
         

    3461

    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."
         

    3462

    CPH

    G.M. No. 279

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

    3463

    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."
         

    3464

    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."
         
         
  9. Adopt Resolutions

    10. 3466

    HHS

    H.C.R. No. 190

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

    3467

    EDT

    H.C.R. No. 150

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

    3468

    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."
         
         

    3469

    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"
         
         

    3470

    TMG

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

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

    3471

    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."
         
         

    3472

    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"
         

    3480

    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."
         
         

    3481

    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."
         
         

    3482

    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."
         

     

     

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