THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

FIFTY-SIXTH DAY

April 24, 2002-Wednesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Senator Matt Matsunaga

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: None
  2. Departmental Communications: None
  3. House Communications: Nos. 622-627
    4.  

    Informing the Senate that on April 23, 2002, the House Disagreed to the amendments proposed by the Senate to the following House Concurrent Resolutions:

    REFERRAL
         

    622

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

    "REQUESTING A MANAGEMENT AUDIT OF THE DEPARTMENT OF HEALTH'S DENTAL HEALTH DIVISION. (AMENDED TITLE)"(Audit of Department of Health Dental Health Division)

    FILE
         
     

    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."(AG Task Force; Develop Recommendations)

    		  
         
     

    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)"

    		  
         
         
     

    Informing the Senate that on April 23, 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
         

    623

    H.B. No. 2445, S.D. 2

    "RELATING TO HOUSING."(Affordable Elderly Housing; Age Requirements)

    FILE
         
         
     

    Informing the Senate that on April 23, 2002, the following Senate Concurrent Resolution(s) were Adopted in the House:

    REFERRAL
         

    624

    S.C.R. No. 34, S.D. 1

    "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 from 1997-2001; report to 2003 legislature.)

    FILE
         

    625

    S.C.R. No. 79, S.D. 1

    "REQUESTING THE STATE AUDITOR TO CONDUCT A PROGRAM AND FINANCIAL AUDIT OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION."

    FILE
         

    626

    S.C.R. No. 121

    "REQUESTING A STUDY OF THE CURRENT POLICIES AND CRITERIA USED IN CONDUCTING SUNRISE REVIEWS PURSUANT TO CHAPTER 26H, HAWAII REVISED STATUTES."(Study of policies and criteria used for sunrise reviews)

    FILE
         
         
     

    Informing the Senate that on April 24, 2002, the House has made changes to the conferee assignments to the following bill(s):

    REFERRAL
         

    627

    S.B. No. 2179, S.D. 2, H.D. 1

    Discharged Representative Takamine as Third Co-Chair.

    Added Representative Saiki as Third Co-Chair.

    FILE
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Conference Committee Report Nos.: 4-02, 54-02 – 57-02

    7. 4-02

    (48 Hrs. Notice)

    		  

    H.B. No. 2527, S.D. 1, C.D. 1

    "RELATING TO SAFETY INSPECTION FREQUENCIES FOR REGULATED EQUIPMENT."

    (Recommends passage on FINAL READING as amended C.D. 1)
         
         

    54-02

    (48 Hrs. Notice)

    		  

    S.B. No. 99, H.D. 1, C.D. 1

    "RELATING TO THE LIQUOR COMMISSION."

    (Recommends passage on FINAL READING as amended C.D. 1)
         

    55-02

    (48 Hrs. Notice)

    		  

    S.B. No. 2964, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO THE HAWAII COMMISSION FOR NATIONAL AND COMMUNITY SERVICE."

    (Recommends passage on FINAL READING as amended C.D. 1)
         
         

    56-02

    (48 Hrs. Notice)

    		  

    S.B. No. 3053, S.D. 2, H.D. 1, C.D. 1

    "RELATING TO PUBLIC HEALTH NURSING."

    (Recommends passage on FINAL READING as amended C.D. 1)
         
         

    57-02

    (48 Hrs. Notice)

    		  

    S.B. No. 3040, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO CAPTIVE INSURANCE."

    (Recommends passage on FINAL READING as amended C.D. 1)
         
         
  7. Standing Committee Report Nos. 3506-3510

    8. 3506

    (One Day Notice)

    (TMG/WLE)

    H.C.R. No. 163

    "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO FACILITATE SECURING SPACE FOR THE COMMERCIAL HAUL OUT OF BOATS FOR SAFETY, COMPLIANCE INSPECTIONS, AND ECONOMIC DEVELOPMENT."

    (Recommends Adoption)
         
         

    3507

    (One Day Notice)

    (TMG)

    G.M. No. 320

    "Submitting for consideration and confirmation to the State Highway Safety Council, Gubernatorial Nominees Mitchell Roth, David Sandler and Claire M. Sasaki-Lundgren for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3508

    (One Day Notice)

    (TMG)

    G.M. No. 333

    "Submitting for consideration and confirmation to the Procurement Policy Board, Gubernatorial Nominee Gordon K.T. Ing, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3509

    (One Day Notice)

    (TIA)

    G.M. No. 293

    "Submitting for consideration and confirmation to the Board of Directors, Hawai'i Tourism Authority, Gubernatorial Nominee, Nadine K. Nakamura, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3510

    (One Day Notice)

    (TIA)

    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."

    (Recommends Adoption)
         
         
         

    ORDER OF THE DAY

  8. Final Reading

    9. Conf. Com. Rep. No. 3-02

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

    "RELATING TO CORRECTIONAL FACILITIES."

    (Correctional Facilities; Site Selection, Expansion; Public Notice and Comment)
       
       

    (From 04-22-02)

    S.B. No. 2180, S.D. 2, H.D. 1

    "RELATING TO GENETIC INFORMATION AND GENETIC TESTING."

    (Employment Discrimination; Genetics)
       
       

    S.B. No. 2817, S.D. 2, H.D. 1

    "RELATING TO THE REPEAL OF NULL AND VOID AND UNNECESSARY ADMINISTRATIVE RULES."

    (Repeal of Null and Void and Unnecessary Administrative Rules)
       
       

     

    (From 04-23-02)

    S.B. No. 1320, S.D. 2, H.D. 1

    "RELATING TO ANTITRUST."

    (Antitrust; Unfair Methods of Competition)
       
       

    S.B. No. 2242, S.D. 1, H.D. 1

    "RELATING TO PUBLIC LAND LEASES."

    (Agricultural Leases; Extension)
       
       

    S.B. No. 2289, S.D. 1, H.D. 2

    "RELATING TO CONDOMINIUM PROPERTY REGIMES."

    (Condominium Property Regimes; Telecommunications Equipment)
       
       

    S.B. No. 2422, S.D. 2, H.D. 2

    "RELATING TO MOTOR VEHICLE INSPECTIONS."

    (Motor Vehicle Inspections)
       
       

    S.B. No. 2721, S.D. 1, H.D. 1

    "RELATING TO DENTAL INSURANCE."

    (Relating to Dental Insurance)
       
       

    S.B. No. 2772, H.D. 1

    "RELATING TO TATTOO ARTISTS."

    (Tattoo Artists)
       
       

    S.B. No. 2782, S.D. 1, H.D. 1

    "RELATING TO HOSPITAL LICENSING."

    (Hospitals; State Licensing)
       

     

     

     

     

    		  
  9. Advise and Consent

    10. 3488

    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."
         
         

    3489

    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"
         
         

    3490

    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."
         
         

    3491

    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."
         
         

    3492

    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."
         
         

    3493

    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."
         
         

    3494

    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."
         
         

    3495

    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."
         
         

    3496

    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."
         
         

    3497

    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."
         
         

    3498

    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."
         
         

    3499

    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."
         
         
  10. Adopt Resolutions

    11. 3485

    (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)
         
         

    3500

    LBR

    H.C.R. No. 130

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

    3501

    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."
         
         

    3502

    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."
         
         

    3503

    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."
         
         

    3504

    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."
         
         

    3505

    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)"
         
         
  11. Final Adoption (From 04-23-02)

    12. 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."
         
         
  12. Re-Referrals

    13. RE-REFERRALS FOR WEDNESDAY, APRIL 24, 2002
         

    H.C.R. NO.

    TITLE

    RE-REFERRAL
         

    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.

    (Freshwater Fishery at Wahiawa Reservoir, Oahu) (EDT, WAM)

    EDT
         
         
  13. Miscellaneous Communications: None
  14. Miscellaneous Business
  15. Announcements
  16. Adjournment