THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2003

 

THIRTY-FOURTH DAY

March 17, 2003-Monday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Pastor Marla Wade

NEW Grace Christian Fellowship

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: None
  2. Departmental Communications: None
  3. House Communications No(s).: 295
    4.  

    Informing the Senate that on March 14, 2003, the following House Concurrent Resolution was adopted in the House:

    REFERRAL
         

    295

    H.C.R. No. 36

    "ACKNOWLEDGING THE CONTRIBUTIONS OF HULA AND RECOGNIZING APRIL 1, 2003, TO MARCH 31, 2004, AS THE "YEAR OF THE HULA.""(Year of the Hula)

    		  
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Standing Committee Report No(s).: 1022-1023

    7. 1022

    (One Day Notice)

    (HTH)

    G.M. No. 9

    "Submitting for consideration and confirmation as Director, Department of Health, Gubernatorial Nominee CHIYOME L. FUKINO, MD, for a term to expire 12-04-06."

    (Recommends Senate Consent to Nomination)
         
         

    1023

    (One Day Notice)

    (TSM)

    S.C.R. No. 24

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

    (Recommends Adoption)
         
         
         

    ORDER OF THE DAY
  7. Deferred Matters – Referrals

    8. HOUSE COM. NO.

    Informing the Senate that on March 13, 2003, the following House Concurrent Resolutions were Adopted in the House:

    REFERRAL
         

    290

    H.C.R. No. 20

    "AFFIRMING THE LEGISLATURE'S COMMITMENT TO HUMAN RIGHTS, CIVIL LIBERTIES, AND ALL PROTECTIONS GUARANTEED BY THE CONSTITUTIONS OF THE UNITED STATES AND THE STATE OF HAWAII, AND OTHER INTERNATIONAL CHARTERS AND COVENANTS."(Civil liberties; human rights)

    		  
         

    291

    H.C.R. No. 22, H.D. 1

    "STRONGLY URGING THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO CONSIDER PROPOSALS THAT ARE CONSISTENT WITH THE UNITED STATES' NATIONAL INTERESTS AND ARE RESPONSIVE TO HOMELAND SECURITY CONCERNS TO RELAX THE RESTRICTIONS ON THE GRANTING OF NONIMMIGRANT VISAS TO NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE PURPOSE OF BUSINESS, TOURISM, AND STUDY IN THE UNITED STATES."(Temporary Visas; People's Republic of China; Ease Restrictions)

    		  
         

    292

    H.C.R. No. 28

    "REQUESTING CONGRESS TO FULLY FUND THE MILLENNIUM CHALLENGE ACCOUNT AND INVOLVE WOMEN AS FULL AND ACTIVE PARTICIPANTS IN ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS IN THEIR NATIONS."(Millennium Challenge Account; Funding and Involvement of Women)

    		  
         

    293

    H.C.R. No. 35

    "SUPPORTING THE PACIFIC BASIN ECONOMIC COUNCIL AND ENCOURAGING IT TO MAINTAIN ITS HEADQUARTERS IN HAWAII."(Expressing support for the Pacific Basin Economic Council.)

    		  
         

    294

    H.C.R. No. 52, H.D. 1

    "ESTABLISHING A SISTER STATE-PREFECTURE RELATIONSHIP BETWEEN THE STATE OF HAWAII OF THE UNITED STATES OF AMERICA AND THE EHIME PREFECTURE OF JAPAN."(Sister state-prefecture relationship with Ehime prefecture.)

    		  
         
         

     

    Deferred Matters - Advise and Consent

    1016

    CPH

    G.M. No. 4

    "Submitting for consideration and confirmation as Director, Department of Commerce and Consumer Affairs, Gubernatorial Nominee MARK RECKTENWALD, for a term to expire 12-04-06."
         

     

     

    		    
  8. Third Reading

    9. (See Stand. Com. Rep. No. 1017)

    H.B. No. 564, S.D. 1

    "RELATING TO PROMOTION OF CONTROLLED SUBSTANCES." - (JHW)

    (Controlled Substances; Protected Places)
       
       

    (See Stand. Com. Rep. No. 1018)

    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." - (JHW)

    (Revision Bill)
       

     

     

     

     

     

     

     

    		  
  9. Adopt Resolutions

    10. 1021

    HTH/HMS

    S.C.R. No. 8

    "EXPRESSING SUPPORT FOR A WOMEN'S HEALTH PLATFORM THAT RECOGNIZES SERIOUS INEQUITIES IN THE HEALTH PREVENTION AND TREATMENT OF WOMEN, AND CALLS FOR THE ELIMINATION OF THESE INEQUITIES TO IMPROVE THE HEALTH STATUS OF WOMEN IN HAWAII."
         
         
  10. Referrals and Re-Referrals

    11. REFERRALS FOR MONDAY, MARCH 17, 2003

    S.C.R. NO.

    TITLE

    REFERRAL
         

    78

    REQUESTING THE UNIVERSITY OF HAWAII SYSTEM TO IMPLEMENT A SYSTEMWIDE SENIOR CITIZEN VISITOR PROGRAM.

    (UH System; Senior Visitor Program)

    EDU/HMS
         

    79

    SUPPORTING THE RALPH BUNCHE CENTENARY CELEBRATION.

    (Ralph Bunche Centenary Celebration)

    SAT/EDU
         

    80

    STRONGLY SUPPORTING THE CONVENING OF THE 2003 ANNUAL MEETING OF THE UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL'S PERMANENT FORUM ON INDIGENOUS ISSUES TO BE HELD IN HAWAII.

    (UN Permanent Forum on Indigenous Issues; Meeting in Hawaii)

    JHW/TMG
         

    81

    REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF HYPNOTHERAPISTS.

    (Sunrise Review)

    CPH, WAM
         

    82

    URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO OBTAIN REASONABLE COMPENSATION FOR THE USE OF THE LANDS ON MAUNA KEA BY THE ASTRONOMICAL OBSERVATORIES.

    (Mauna Kea Astronomical Observatories)

    WLA/EDU, WAM
         

    83

    REQUESTING THE HAWAII MEDICAL ASSOCIATION, THE HAWAII NURSES' ASSOCIATION, THE UNIVERSITY OF HAWAII JOHN A. BURNS SCHOOL OF MEDICINE, AND THE UNIVERSITY OF HAWAII SCHOOL OF NURSING TO PROVIDE TRAINING TO PHYSICIANS AND NURSES TO IMPROVE PAIN MANAGEMENT AND PALLIATIVE CARE.

    (Palliative Care and Pain Management)

    HTH/EDU
         

    84

    REQUESTING A COMPARATIVE STUDY ON HEALTH INSURANCE MARKET CONDITIONS.

    (Comparative (State vs. Hawaii) Health Insurance Market Conditions; Auditor Study)

    CPH, WAM
         

    85

    SUPPORTING THE EFFORTS OF THE ANAHOLA HOMESTEADERS COUNCIL IN DEVELOPING THE PROJECT FAITH MULTI-PURPOSE COMMUNITY CENTER IN ANAHOLA, KAUA`I.

    (Supporting Project Faith)

    JHW
         

    86

    CONVENING A TASK FORCE TO DETERMINE WHETHER HAWAII SHOULD ENACT A THREE STRIKES LAW.

    (Three Strikes Law; Task Force)

    JHW
         

    87

    REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY TO DETERMINE REVENUE LOSS FROM CERTAIN ACTIVITIES IN THE STATE OF HAWAII.

    (LRB Study; Revenue Loss in Hawaii)

    WAM
         

    88

    REQUESTING THE DIRECTOR OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM TO ASSESS THE LEVEL OF LIGHT POLLUTION IN THE STATE OF HAWAII AND DEVELOP A STRATEGY FOR REDUCING THE AMOUNT OF ELECTRICITY BEING CONSUMED BY EXCESS ILLUMINATION.

    (Light Pollution; DBEDT; Energy Conservation)

    ENE
         

    89

    REQUESTING A STUDY ON REAL PROPERTY LEASES.

    (Lease Rent Renegotiation; Study)

    CPH, WAM
         

    90

    REQUESTING REVIEW OF AND RECOMMENDATIONS ON POLICIES TO ALIGN WORKFORCE DEVELOPMENT EDUCATION TO RESPOND TO ECONOMIC AND WORKFORCE NEEDS.

    (Workforce Development; Alignment With Workforce Needs)

    EDU/LBR
         

    91

    REQUESTING THE DIRECTOR OF LABOR AND INDUSTRIAL RELATIONS TO REPORT ON THE PROGRESS MADE BY THE DEPARTMENT TO ADDRESS THE CONCERNS RAISED IN THE AUDITOR'S MANAGEMENT AUDIT OF THE DISABILITY COMPENSATION DIVISION.

    (DLIR)

    LBR
         

    92

    REQUESTING THE GATHERING AND ANALYZING OF LONGITUDINAL DATA ON STUDENT ACHIEVEMENT AND THE SUBMISSION OF AN ANNUAL REPORT, INCLUDING IDENTIFICATION OF KEY INDICATORS OF PERFORMANCE.

    (Public Schools; Longitudinal Student Achievement Data Reports)

    EDU
         

    93

    REQUESTING THE ESTABLISHMENT OF AN AD HOC COMMITTEE TO STUDY THE CONTINUATION OF SERVICES AFTER THE PLANNED CLOSING OF THE CASEY FAMILY FOUNDATION OFFICES IN HAWAII.

    (Foster Care; Committee to study continuation of services for foster children after Casey Family Programs' planned closing)

    HMS
         

    94

    DECLARING APRIL 9 AS "SAFE RETURN DAY" FOR INDIVIDUALS WITH ALZHEIMER'S DISEASE IN THE STATE OF HAWAII.

    (Safe Return Day; Alzheimer's Association)

    HMS
         

    95

    REQUESTING A REVIEW CONCERNING THE REGULATION AND LICENSURE REQUIREMENTS OF PROFESSIONS AND VOCATIONS BY THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS.

    (Professional and Vocational Regulation; Auditor Review)

    CPH, WAM
         

    96

    SUPPORTING THE HAWAII HOMEOWNERSHIP CENTER.

    (Hawaii Homeownership Center)

    CPH
         

    97

    REQUESTING THE AUDITOR TO CONDUCT MANAGEMENT AND FINANCIAL AUDITS.

    (Auditor; HCDCH Management and Financial Audit)

    CPH, WAM
         

    98

    CONVENING AN ECONOMIC SUMMIT.

    (Economic Summit; DBEDT to Convene)

    ECD
         

    99

    REQUESTING THE DEPARTMENT OF TRANSPORTATION TO CONVENE A TRAFFIC ADVISORY TASK FORCE TO STUDY OAHU TRAFFIC CONGESTION ISSUES AND RECOMMEND SOLUTIONS.

    (Traffic Advisory Task Force; Traffic Concerns & Solutions)

    TMG
         

    100

    URGING THE UNITED STATES CONGRESS TO SUPPORT THE PASSAGE OF S. 68, RELATING TO IMPROVING BENEFITS FOR FILIPINO VETERANS OF WORLD WAR II.

    (Filipino Veterans of WW II; Passage of S. 68)

    TMG
         

    101

    URGING THE UNITED STATES CONGRESS TO SUPPORT THE PASSAGE OF H.R. 664, RELATING TO IMPROVING BENEFITS FOR FILIPINO VETERANS OF WORLD WAR II.

    (Improve Benefits for World War II Filipino Veterans)

    TMG
         

    102

    REQUESTING THE OFFICE OF ENVIRONMENTAL QUALITY CONTROL AND THE DEPARTMENT OF AGRICULTURE TO STUDY THE FEASIBILITY OF UTILIZING BIOSOLIDS AS A SOURCE OF NUTRIENTS IN AGRICULTURE.

    (Biosolids; Agriculture)

    WLA/ENE
         

    S.R. NO.

    TITLE

    REFERRAL
         

    53

    REQUESTING THE UNIVERSITY OF HAWAII SYSTEM TO IMPLEMENT A SYSTEMWIDE SENIOR CITIZEN VISITOR PROGRAM.

    (UH System; Senior Visitor Program)

    EDU/HMS
         

    54

    SUPPORTING THE RALPH BUNCHE CENTENARY CELEBRATION.

    (Ralph Bunche Centenary Celebration)

    SAT/EDU
         

    55

    STRONGLY SUPPORTING THE CONVENING OF THE 2003 ANNUAL MEETING OF THE UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL'S PERMANENT FORUM ON INDIGENOUS ISSUES TO BE HELD IN HAWAII.

    (UN Permanent Forum on Indigenous Issues; Meeting in Hawaii)

    JHW/TMG
         

    56

    URGING THE BUREAU OF CITIZENSHIP AND IMMIGRATIONS SERVICE OF THE DEPARTMENT OF HOMELAND SECURITY TO RECOGNIZE HAWAII'S CATHOLIC SCHOOLS AS LICENSED SCHOOLS IN THE STATE OF HAWAII.

    (Urging the Bureau of Citizenship and Immigration Services of the Department of Homeland Security to recognize Hawaii's Catholic schools as licensed schools in the State of Hawaii.)

    EDU
         

    57

    REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF HYPNOTHERAPISTS.

    (Sunrise Review)

    CPH, WAM
         

    58

    REQUESTING THE HAWAII MEDICAL ASSOCIATION, THE HAWAII NURSES' ASSOCIATION, THE UNIVERSITY OF HAWAII JOHN A. BURNS SCHOOL OF MEDICINE, AND THE UNIVERSITY OF HAWAII SCHOOL OF NURSING TO PROVIDE TRAINING TO PHYSICIANS AND NURSES TO IMPROVE PAIN MANAGEMENT AND PALLIATIVE CARE.

    (Palliative Care and Pain Management)

    HTH/EDU
         

    59

    SUPPORTING THE EFFORTS OF THE ANAHOLA HOMESTEADERS COUNCIL IN DEVELOPING THE PROJECT FAITH MULTI-PURPOSE COMMUNITY CENTER IN ANAHOLA, KAUA`I.

    (Supporting Project Faith)

    JHW
         

    60

    CONVENING A TASK FORCE TO DETERMINE WHETHER HAWAII SHOULD ENACT A THREE STRIKES LAW.

    (Three Strikes Law; Task Force)

    JHW
         

    61

    REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY TO DETERMINE REVENUE LOSS FROM CERTAIN ACTIVITIES IN THE STATE OF HAWAII.

    (LRB Study; Revenue Loss in Hawaii)

    WAM
         

    62

    REQUESTING THE DIRECTOR OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM TO ASSESS THE LEVEL OF LIGHT POLLUTION IN THE STATE OF HAWAII AND DEVELOP A STRATEGY FOR REDUCING THE AMOUNT OF ELECTRICITY BEING CONSUMED BY EXCESS ILLUMINATION.

    (Light Pollution; DBEDT; Energy Conservation)

    ENE
         

    63

    REQUESTING A STUDY ON REAL PROPERTY LEASES.

    (Lease Rent Renegotiation; Study)

    CPH, WAM
         

    64

    REQUESTING THE DIRECTOR OF LABOR AND INDUSTRIAL RELATIONS TO REPORT ON THE PROGRESS MADE BY THE DEPARTMENT TO ADDRESS THE CONCERNS RAISED IN THE AUDITOR'S MANAGEMENT AUDIT OF THE DISABILITY COMPENSATION DIVISION.

    (DLIR)

    LBR
         

    65

    REQUESTING THE GATHERING AND ANALYZING OF LONGITUDINAL DATA ON STUDENT ACHIEVEMENT AND THE SUBMISSION OF AN ANNUAL REPORT, INCLUDING IDENTIFICATION OF KEY INDICATORS OF PERFORMANCE.

    (Public Schools; Longitudinal Student Achievement Data Reports)

    EDU
         

    66

    REQUESTING THE AUDITOR TO CONDUCT MANAGEMENT AND FINANCIAL AUDITS.

    (Auditor; HCDCH Management and Financial Audit)

    CPH, WAM
         

    67

    CONVENING AN ECONOMIC SUMMIT.

    (Economic Summit; DBEDT to Convene)

    ECD
         

    68

    REQUESTING THE DEPARTMENT OF TRANSPORTATION TO CONVENE A TRAFFIC ADVISORY TASK FORCE TO STUDY OAHU TRAFFIC CONGESTION ISSUES AND RECOMMEND SOLUTIONS.

    (Traffic Advisory Task Force; Traffic Concerns & Solutions)

    TMG
         

    69

    URGING THE UNITED STATES CONGRESS TO SUPPORT THE PASSAGE OF S. 68, RELATING TO IMPROVING BENEFITS FOR FILIPINO VETERANS OF WORLD WAR II.

    (Filipino Veterans of WW II; Passage of S. 68)

    TMG
         

    70

    URGING THE UNITED STATES CONGRESS TO SUPPORT THE PASSAGE OF H.R. 664, RELATING TO IMPROVING BENEFITS FOR FILIPINO VETERANS OF WORLD WAR II.

    (Improve Benefits for World War II Filipino Veterans)

    TMG
         
         

    RE-REFERRALS FOR MONDAY, MARCH 17, 2003
         

    H.B. NO.

    TITLE

    RE-REFERRAL
         

    1029, H.D. 1

    RELATING TO PERMIT APPROVALS.

    (Automatic permit approval; repeal) (JHW, WAM)

    JHW, TMG/WAM
         

    S.C.R. NO.

    TITLE

    RE-REFERRAL
         

    73

    REQUESTING EXAMINATION OF THE FEASIBILITY OF DEDICATING TEN PERCENT OF GENERAL EXCISE TAX FROM OCEAN RECREATION BUSINESSES TO THE STATEWIDE BOATING PROGRAM.

    (Statewide Boating Program) (WLA/ECD)

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