THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2003

 

TWENTY-FOURTH DAY

February 27, 2003-Thursday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Pastor Peter Kamakawiwoole

Kalihi Union Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 210-224

    2. G.M. NO.

    TITLE

    REFERRAL
         

    210

    Dated February 12, 2003, transmitting a Report on the Findings and Recommendations on a Review of the Home and Community-Based Waiver Program in Developmental Disabilities, prepared by the Department of Budget and Finance, Budget, Program Planning and Management Division, pursuant to Act 177, SLH 2002.

    FILE
         

    211

    Dated February 21, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of November 2002, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001.

    FILE
         

    212

    Dated February 21, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of August 2002, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001.

    FILE
         

    213

    Dated February 21, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of December 2002, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001.

    FILE
         

    214

    Dated February 21, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of September 2002, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001.

    FILE
         

    215

    Dated February 21, 2003, transmitting the Detailed Quarterly Reports on Projected and Actual Expenditures from the Behavioral Health Administration for the Quarter Ending September 30, 2002, prepared by the Department of Health pursuant to Act 259, Section 36, SLH 2001.

    FILE
         

    216

    Dated February 21, 2003, transmitting the 2002 Annual Report of the Board of Certification of Operating Personnel in Wastewater Treatment Facilities, pursuant to Section 340B-12, HRS.

    FILE
         

    217

    February 21, 2003, transmitting a Report on the Statewide Comprehensive Strategic Plan for Services and Supports for Individuals with Developmental Disabilities or Mental Retardation, prepared by the Department of Health pursuant to S.C.R. No. 151 (1999).

    FILE
         

    218

    Dated January 9, 2003, transmitting a Report Concerning the Effectiveness of the Invasive Species Programs, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Act 259, Section 18, SLH 2001.

    FILE
         

    219

    Dated January 9, 2003, transmitting the Annual Report Relating to the Natural Area Reserves System and Natural Area Partnership Program, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Section 195-6.6, HRS.

    FILE
         

    220

    Dated January 9, 2003, transmitting the Annual Report on the Status of the Issuance of Incidental Take Licenses for Endangered, Threatened, Proposed, and Candidate Species; and the Condition of the Endangered Species Trust Fund for the Period July 1, 2001 - June 30, 2002, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Section 195D-26, HRS.

    FILE
         

    221

    Dated January 17, 2003, transmitting the Annual Report Relating to the Forest Stewardship Program, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Section 195F-6, HRS.

    FILE
         

    222

    Dated January 21, 2003, transmitting a Report on the Hawaii Statewide Trail and Access System, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Section 198D-9, HRS.

    FILE
         

    223

    Dated February 18, 2003, transmitting the Annual Report of the Hawaii Community-Based Economic Development Technical and Financial Assistant Program.

    FILE
         

    224

    Dated January 9, 2003, transmitting the Annual Report on the Wildlife Revolving Fund, prepared by the Department of Land and Natural Resources pursuant to Section 183D-10.5, HRS.

    FILE
         
         
  2. Departmental Communications: No(s). 25

    3. D.C. NO.

    TITLE

    REFERRAL
         

    25

    From the Department of Land and Natural Resources, Division of State Parks, transmitting a report: "The Hawaii State Park System: A Vision for the Future and a Plan for Repair and Maintenance of Park Facilities," pursuant to Act 250, SLH 2002.

    FILE
         
         
  3. House Communications: No(s). 6-11
    4.  

    Informing the Senate that on February 19, 2003, the following House Bill(s) passed Third Reading in the House:

    REFERRAL
         

    6

    H.B. No. 182

    "RELATING TO BROWN TREE SNAKES."(Brown Tree Snakes)

    		  
         

    7

    H.B. No. 562

    "RELATING TO SEXUAL ASSAULT."(Sexual Assault; Age of Consent)

    		  
         

    8

    H.B. No. 652

    "RELATING TO STATUTORY REVISION: AMENDING, REENACTING, OR REPEALING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS."(Revision Bill)

    		  
         

    9

    H.B. No. 899

    "RELATING TO FIREWORKS."(Fireworks; Permit Fee)

    		  
         

    10

    H.B. No. 991

    "RELATING TO FIREARMS."(Firearms; Pardons)

    		  
         

    11

    H.B. No. 1113

    "RELATING TO DRIVERS' LICENSES."(Drivers' Licenses)

    		  
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Introduction of Measures
  7. Standing Committee Report No(s). 578-628

    8. 578

    (48 Hrs. Notice)

    (TMG/ECD)

    S.B. No. 42, S.D. 1

    "RELATING TO WATERCRAFT."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    579

    (48 Hrs. Notice)

    (EDU)

    S.B. No. 69, S.D. 1

    "RELATING TO THE TEACHER EDUCATION COORDINATING COMMITTEE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    580

    (48 Hrs. Notice)

    (EDU)

    S.B. No. 1245

    "RELATING TO THE EVALUATION OF TEACHERS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    581

    (48 Hrs. Notice)

    (ENE)

    S.B. No. 840, S.D. 1

    "RELATING TO ENVIRONMENTAL IMPACT STATEMENTS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    582

    (48 Hrs. Notice)

    (ENE/ECD)

    S.B. No. 1080, S.D. 1

    "RELATING TO PENALTIES."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    583

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 394

    "RELATING TO CONDOMINIUM PROPERTY REGIMES."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    584

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 678, S.D. 1

    "RELATING TO INSURANCE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    585

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1077, S.D. 1

    "RELATING TO CONTINUING EDUCATION FOR INSURANCE LICENSEES."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    586

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1314

    "RELATING TO PSYCHOLOGIST LICENSING REQUIREMENTS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    587

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1319, S.D. 1

    "RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    588

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1323

    "RELATING TO INSURANCE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    589

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1325

    "RELATING TO THE UNIFORM SECURITIES ACT."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    590

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1630

    "RELATING TO NONPROFIT CORPORATIONS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    591

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 368

    "RELATING TO CRIMINAL PROPERTY DAMAGE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    592

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 390

    "RELATING TO EXPUNGEMENT."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    593

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 616

    "RELATING TO HATE CRIMES."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    594

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 617

    "RELATING TO CRIMINAL OFFENSES."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    595

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 685

    "RELATING TO SOCIAL SECURITY NUMBERS PLACED IN POLL BOOKS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    596

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 830, S.D. 1

    "RELATING TO CRIMINAL HISTORY RECORD CHECKS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    597

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 1130

    "RELATING TO THE COURTS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    598

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 1131

    "RELATING TO TRAFFIC INFRACTIONS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    599

    (48 Hrs. Notice)

    (ENE)

    S.B. No. 29, S.D. 1

    "RELATING TO SPECIAL WASTES RECYCLING."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    600

    (48 Hrs. Notice)

    (ENE)

    S.B. No. 1611

    "RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    601

    (48 Hrs. Notice)

    (WLA)

    S.B. No. 538, S.D. 1

    "RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    602

    (48 Hrs. Notice)

    (WLA/TMG)

    S.B. No. 1403

    "RELATING TO DEPARTMENT OF TRANSPORTATION'S MARITIME-RELATED USES."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    603

    (48 Hrs. Notice)

    (CPH/HTH)

    S.B. No. 958, S.D. 1

    "RELATING TO THE PRACTICE OF PHARMACY."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    604

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1058, S.D. 1

    "RELATING TO CAPTIVE INSURANCE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    605

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1200, S.D. 1

    "RELATING TO CAPTIVE INSURANCE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    606

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1306

    "RELATING TO TELECOMMUNICATIONS RELAY SERVICES."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    607

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1589, S.D. 1

    "RELATING TO NONPROFIT CORPORATIONS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    608

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 345, S.D. 1

    "RELATING TO MOTOR VEHICLES."

    (Recommends passage on Third Reading)
         
         

    609

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 373, S.D. 1

    "RELATING TO CONDOMINIUM PROPERTY REGIMES."

    (Recommends passage on Third Reading)
         
         

    610

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 562

    "RELATING TO TERMINABLE RENTAL ADJUSTMENT CLAUSE VEHICLE LEASES."

    (Recommends passage on Third Reading)
         
         

    611

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 676

    "RELATING TO MOTOR VEHICLES."

    (Recommends passage on Third Reading)
         
         

    612

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1468, S.D. 1

    "RELATING TO RESIDENTIAL LEASEHOLDS."

    (Recommends passage on Third Reading)
         
         

    613

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 550, S.D. 1

    "RELATING TO AGRICULTURAL COMMODITIES."

    (Recommends passage on Third Reading)
         
         

    614

    (48 Hrs. Notice)

    (JHW/WAM)

    S.B. No. 38

    "RELATING TO THE HAWAII TOURISM AUTHORITY."

    (Recommends passage on Third Reading)
         
         

    615

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 1002

    "PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 2, OF THE HAWAII CONSTITUTION, TO ALLOW THE STUDENT MEMBER OF THE BOARD OF EDUCATION TO VOTE."

    (Recommends passage on Third Reading)
         
         

    616

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 1242

    "RELATING TO FAIR ACCESS FOR STATE GOVERNMENT."

    (Recommends passage on Third Reading)
         
         

    617

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 1449, S.D. 1

    "RELATING TO PUBLIC MEETINGS."

    (Recommends passage on Third Reading)
         
         

    618

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 1415

    "RELATING TO PENALTIES FOR VIOLATIONS WITHIN THE CONSERVATION DISTRICT."

    (Recommends passage on Third Reading)
         
         

    619

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 1594

    "RELATING TO THE COMMISSION ON WATER RESOURCE MANAGEMENT."

    (Recommends passage on Third Reading)
         
         

    620

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 792, S.D. 2

    "RELATING TO ADVANCED PRACTICE REGISTERED NURSES."

    (Recommends passage on Third Reading)
         
         

    621

    (48 Hrs. Notice)

    (CPH)

    S.B. No. 1318, S.D. 1

    "RELATING TO BUSINESS REGISTRATION."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    622

    (48 Hrs. Notice)

    (CPH)

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

    "RELATING TO MEDICAL SAVINGS ACCOUNTS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    623

    (WLA)

    S.B. No. 254, S.D. 1

    "RELATING TO AGRICULTURE."

    (Recommends passage on SECOND READING and recommittal to WLA)
         
         

    624

    (One Day Notice)

    (TMG)

    G.M. No. 3

    "Submitting for consideration and confirmation as Comptroller, Department of Accounting and General Services, Gubernatorial Nominee RUSSELL SAITO, for a term to expire 12-04-06."

    (Recommends Senate Consent to Nomination)
         
         

    625

    (One Day Notice)

    (TMG)

    G.M. No. 8

    "Submitting for consideration and confirmation as Adjutant General and Director of Civil Defense, Gubernatorial Nominee BRIGADIER GENERAL ROBERT G.F. LEE, for a term to expire 12-04-06."

    (Recommends Senate Consent to Nomination)
         
         

    626

    (One Day Notice)

    (TMG)

    G.M. No. 102

    "Submitting for consideration and confirmation as Director of the Department of Transportation, Gubernatorial Nominee RODNEY HARAGA, for a term to expire 12-04-06."

    (Recommends Senate Consent to Nomination)
         
         

    627

    (One Day Notice)

    (JHW)

    G.M. No. 1

    "Submitting for consideration and confirmation as Attorney General of the State of Hawaii, Gubernatorial Nominee MARK J. BENNETT, for a term to expire 12-04-06."

    (Recommends Senate Consent to Nomination)
         
         

    628

    (One Day Notice)

    (JHW)

    G.M. No. 5

    "Submitting for consideration and confirmation as Chairman, Department of Hawaiian Home Lands, Gubernatorial Nominee MICAH A. KANE, for a term to expire 12-04-06."

    (Recommends Senate Consent to Nomination)
         
         
         

    ORDER OF THE DAY

  8. Third Reading

    9. (See Stand. Com. Rep. No. 572)

    S.B. No. 1290, S.D. 1

    "RELATING TO PRODUCT PROCUREMENT PREFERENCES BY STATE AGENCIES." - (TMG/ENE)

    (Product procurement preferences by state agencies)
       
       

    (See Stand. Com. Rep. No. 573)

    S.B. No. 1334

    "RELATING TO THE STATE INTERNET PORTAL." - (SAT)

    (State Internet Portal)
       
       

     

     

     

     

     

  9. Referrals and Re-Referrals

    10. REFERRALS FOR THURSDAY, FEBRUARY 27, 2003

    S.C.R. NO.

    TITLE

    REFERRAL
         

    21

    URGING THE PRESIDENT OF THE UNITED STATES TO NOT PREEMPTIVELY START A WAR WITH IRAQ, BUT TO PURSUE A PEACEFUL, DIPLOMATIC RESOLUTION BUILT UPON INTERNATIONAL SUPPORT.

    (Anti-war Resolution)

    TMG
         

    22

    REQUESTING ALL STATE DEPARTMENTS AND ALTERNATIVE FUEL PROVIDERS TO EFFECTUATE THE GOALS OF SECTIONS 501 AND 507 OF THE ENERGY POLICY ACT OF 1992.

    (State and Alternative Fuel Provider Fleets; Energy Policy Act of 1992)

    ENE/TMG
         

    23

    SUPPORTING THE HAWAII STATE COMMISSION ON THE STATUS OF WOMEN.

    (Expresses Support for the Hawaii Commission on the Status of Women.)

    JHW
         

    24

    REQUESTING HAWAII'S HOTELS TO PROVIDE FACILITIES FOR EMAIL AND INTERNET ACCESS FOR THEIR GUESTS.

    (Hawaii's Hotels; Email and Internet Access for Guests)

    TSM
         

    25

    REQUESTING THE DEPARTMENT OF EDUCATION TO ENCOURAGE THE USE OF CLOSED-CAPTIONING TELEVISION TO TEACH READING TO STUDENTS.

    (Education, reading, closed-captioned television)

    EDU
         

    26

    URGING STATE AND COUNTY GOVERNMENTS TO ACCEPT THE MATRICULA CONSULAR AS AN OFFICIAL FORM OF IDENTIFICATION FOR MEXICAN IMMIGRANTS IN HAWAII.

    (Acceptance of Mexican Consular Card as an Official ID Card)

    TMG/ECD/JHW
         

    S.R. NO.

    TITLE

    REFERRAL
         

    11

    URGING THE PRESIDENT OF THE UNITED STATES TO NOT PREEMPTIVELY START A WAR WITH IRAQ, BUT TO PURSUE A PEACEFUL, DIPLOMATIC RESOLUTION BUILT UPON INTERNATIONAL SUPPORT.

    (Anti-war Resolution)

    TMG
         

    12

    REQUESTING ALL STATE DEPARTMENTS AND ALTERNATIVE FUEL PROVIDERS TO EFFECTUATE THE GOALS OF SECTIONS 501 AND 507 OF THE ENERGY POLICY ACT OF 1992.

    (State and Alternative Fuel Provider Fleets; Energy Policy Act of 1992)

    ENE/TMG
         

    13

    SUPPORTING THE HAWAII STATE COMMISSION ON THE STATUS OF WOMEN.

    (Expresses Support for the Hawaii Commission on the Status of Women.)

    JHW
         

    14

    REQUESTING THE DEPARTMENT OF EDUCATION TO ENCOURAGE THE USE OF CLOSED-CAPTIONING TELEVISION TO TEACH READING TO STUDENTS.

    (Education, reading, closed-captioned television)

    EDU
         

    15

    URGING STATE AND COUNTY GOVERNMENTS TO ACCEPT THE MATRICULA CONSULAR AS AN OFFICIAL FORM OF IDENTIFICATION FOR MEXICAN IMMIGRANTS IN HAWAII.

    (Acceptance of Mexican Consular Card as an Official ID Card)

    TMG/ECD/JHW
         
         

    RE-REFERRALS FOR THURSDAY, FEBRUARY 27, 2003
         
         

    S.B. NO.

    TITLE

    RE-REFERRAL
         

    254, S.D. 1

    RELATING TO AGRICULTURE.

    (Agriculture) (WLA)

    WLA/WAM
         
         

    358

    RELATING TO ECONOMIC DEVELOPMENT.

    (Tax Credit for Creating Quality Jobs) (ECD, WAM)

    ECD/WAM
         

    918, S.D. 1

    RELATING TO NONPROFIT CORPORATIONS AND ORGANIZATIONS.

    (Nonprofit Organization Employees and Volunteers; Auto Insurance) (HMS, CPH)

    HMS, CPH/WAM
         
         

    S.R. NO.

    TITLE

    RE-REFERRAL
         

    6

    REQUESTING THAT ALL OPERATING SODA MACHINES IN PUBLIC HIGH SCHOOLS DISPENSE ONLY HEALTHY AND NON-CARBONATED BEVERAGES.

    (Healthy beverage options in public high school soda machines) (HTH)

    HTH/EDU
         
         

     

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