THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2003

 

FORTY-THIRD DAY

March 31, 2003-Monday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Larry Kelly

Halawa Heights Baptist Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor No(s).: 251-256

    2. G.M. NO.

    TITLE

    REFERRAL
         

    251

    Dated March 24, 2003, transmitting a report, "Hawaii State Policy and the Nonprofit Sector, Optimizing the Relationship Between Nonprofits and Government," prepared by The Hawaii Community Services Council and The Hawaii Institute for Public Affairs and submitted to the Office of Planning, Department of Business, Economic Development and Tourism.

    FILE
         

    252

    Dated March 28, 2003, transmitting the Report of Decentralized Decision-Making, prepared by the University of Hawaii pursuant to Act 115, Section 27, SLH 1998.

    FILE
         

    253

    Dated March 3, 2003, transmitting a report, "Progress on the Study -- Planning for Sustainable Tourism in Hawaii: A Study on the Carrying Capacity for Tourism," prepared by the Department of Business, Economic Development and Tourism pursuant to Act 259, SLH 2001.

    FILE
         

    254

    Dated March 13, 2003, transmitting the Report on a Request to Establish a Task Force to Study the Feasibility of Establishing a Freshwater Fishery at the Wahiawa Reservoir, Oahu, prepared by the Department of Land and Natural Resources pursuant to H.C.R. No. 200 (2002).

    FILE
         

    255

    Submitting for consideration and confirmation the Public Utilities Commission, Gubernatorial Nominee CARLITO P. CALIBOSO, for a term to expire 06-30-04. (Replaces GM240)

    CPH
         

    256

    Informing the Senate that on March 28, 2003, the Governor signed the following bill into law: HB1077, HD1, SD1 (Act002)

    FILE
         
         
  2. Departmental Communications: None
  3. House Communication No(s): 304-306
    4.  

    Informing the Senate that on March 28, 2003, the House Disagreed to the amendments proposed by the Senate to the following House Bills:

    REFERRAL
         

    304

    H.B. No. 324, H.D. 1, S.D. 1

    "RELATING TO DRIVER LICENSING."(Persons without Social Security Numbers; Alternative Forms of Identification)

    FILE
         
     

    H.B. No. 401, H.D. 1, S.D. 1

    "RELATING TO ELECTIONS."(Office of Elections/Campaign Spdg. Comm. DAGS Attachment)

    		  
         
     

    H.B. No. 562, S.D. 1

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

    		  
         
     

    H.B. No. 980, H.D. 1, S.D. 1

    "RELATING TO CIVIL SETTLEMENTS."(Uniform Contribution Among Tortfeasors Act; Amendments)

    		  
         
     

    H.B. No. 1076, H.D. 1, S.D. 1

    "RELATING TO APPELLATE JURISDICTION."(Foreclosure Action, Appellate Jurisdiction)

    		  
         
     

    H.B. No. 1607, H.D. 2, S.D. 1

    "RELATING TO AUTHORIZED EMERGENCY VEHICLES."(Authorized Emergency Vehicles; Ocean Safety Vehicles)

    		  
         
         
     

    Informing the Senate that on March 28, 2003, the following House Concurrent Resolutions were adopted in the House:

    		  
         

    305

    H.C.R. No. 43

    "REQUESTING THE EXPLORATION OF OPTIONS FOR REDESIGNING THE BENEFIT LEVELS OF "A" STATUS PLANS DEFINED UNDER HAWAII'S PREPAID HEALTH CARE ACT."(Requesting the Department of Labor and Industrial Relations and Hawaii's health plan carriers to explore options for redesigning the benefit levels of "A" status plans defined under Hawaii's Prepaid Health Care Act.)

    		  
         

    306

    H.C.R. No. 58

    "REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF CONDOMINIUM ASSOCIATION MANAGERS."(Condominium Association Managers, Regulation, Sunrise Review)

    		  
         
         
  4. Senate Communications: None
  5. Judiciary Communication No(s): 4

    6. J.C. NO.

    TITLE

    REFERRAL
         

    4

    Submitting for consideration and confirmation to the District Court of the First Circuit, State of Hawai`i, Judicial Nominee FAYE KOYANAGI

    JHW
         
         
  6. Standing Committee Report Nos.: 1219-1239

    7. 1219

    (One Day Notice)

    (ECD/TSM)

    G.M. No. 14

    "Submitting for consideration and confirmation as Director, Department of Business, Economic Development and Tourism, Gubernatorial Nominee TED LIU, for a term to expire 12-04-06."

    (Recommends Senate Consent to Nomination)
         
         

    1220

    (One Day Notice)

    (CPH)

    S.C.R. No. 62

    "REQUESTING A SUNRISE ANALYSIS OF THE REGULATION OF CONDOMINIUM ASSOCIATION MANAGERS."

    (Recommends Adoption)
         
         

    1221

    (One Day Notice)

    (CPH)

    S.C.R. No. 106

    "REQUESTING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO RECOGNIZE ON-LINE COURSES FROM ACCREDITED INSTITUTIONS."

    (Recommends Adoption)
         
         

    1222

    (One Day Notice)

    (CPH)

    S.R. No. 74

    "REQUESTING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO RECOGNIZE ON-LINE COURSES FROM ACCREDITED INSTITUTIONS."

    (Recommends Adoption)
         
         

    1223

    (One Day Notice)

    (CPH)

    S.C.R. No. 96

    "SUPPORTING THE HAWAII HOMEOWNERSHIP CENTER."

    (Recommends Adoption)
         
         

    1224

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 192, H.D. 1, S.D. 1

    "RELATING TO ACCRETED LANDS."

    (Recommends passage on Third Reading)
         
         

    1225

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 285, H.D. 1, S.D. 2

    "RELATING TO ADMINISTRATIVE PROCEDURE."

    (Recommends passage on Third Reading)
         
         

    1226

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 373, H.D. 2, S.D. 1

    "RELATING TO POLITICAL SPEECH."

    (Recommends passage on Third Reading)
         
         

    1227

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 385, H.D. 2, S.D. 2

    "RELATING TO THE PREVENTION OF WORKPLACE VIOLENCE."

    (Recommends passage on Third Reading)
         
         

    1228

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 651, H.D. 2, S.D. 1

    "RELATING TO INFORMED CONSENT."

    (Recommends passage on Third Reading)
         
         

    1229

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 914, H.D. 2, S.D. 1

    "RELATING TO ADULT RESIDENTIAL CARE HOMES."

    (Recommends passage on Third Reading)
         
         

    1230

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 1198, H.D. 2, S.D. 2

    "RELATING TO CHILD LABOR."

    (Recommends passage on Third Reading)
         
         

    1231

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 1214, H.D. 2, S.D. 2

    "RELATING TO PUBLIC LAND LIABILITY."

    (Recommends passage on Third Reading)
         
         

    1232

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 1217, H.D. 1, S.D. 1

    "RELATING TO CONTROLLED SUBSTANCES."

    (Recommends passage on Third Reading)
         
         

    1233

    (48 Hrs. Notice)

    (CPH)

    H.B. No. 1161, H.D. 1, S.D. 1

    "RELATING TO PSYCHOLOGIST LICENSING REQUIREMENTS."

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

    1234

    (48 Hrs. Notice)

    (CPH)

    H.B. No. 1172

    "RELATING TO THE UNIFORM SECURITIES ACT."

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

    1235

    (CPH)

    S.C.R. No. 95

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

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    1236

    (CPH)

    S.C.R. No. 81

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

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    1237

    (CPH)

    S.R. No. 57

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

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    1238

    (CPH)

    S.C.R. No. 61

    "REQUESTING THE AUDITOR TO CONDUCT A STUDY OF PROPOSED MANDATORY HEALTH INSURANCE COVERAGE FOR HEARING AID DEVICES AND SERVICES."

    (Recommends passage on SECOND READING and referral to WAM)
         
         

    1239

    (CPH)

    S.C.R. No. 84, S.D. 1

    "REQUESTING A COMPARATIVE STUDY ON HEALTH INSURANCE MARKET CONDITIONS."

    (Recommends passage on SECOND READING and referral to WAM)
         
         
         

     

     

     

     

     

    ORDER OF THE DAY

  7. Deferred Matters – Referrals

    8. HSE. COM. NO.

    Informing the Senate that on March 27, 2003, the following House Concurrent Resolution(s) were Adopted in the House:

    REFERRAL

    303

    H.C.R. No. 62, H.D. 1

    "REQUESTING THE OFFICE OF THE GOVERNOR TO DETERMINE THE IMPACT OF THE COMPACT OF FREE ASSOCIATION ON THE STATE OF HAWAII, AND REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO INTRODUCE LEGISLATION IN CONGRESS CALLING FOR FURTHER REVIEW OF THE MIGRATION ISSUE AND FOR INCREASED AID FOR THE EDUCATIONAL AND SOCIAL IMPACT OF THE COMPACT, AND ANY NEWLY RENEGOTIATED COMPACT, ON THE STATE OF HAWAII."(Compact of Free Association; Micronesian Students; Federal Funds)

    		  
         
         
  8. Third Reading

    9. (See Stand. Com. Rep. No. 1215)

    H.B. No. 1307, H.D. 1, S.D. 1

    "RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS." - (WAM)

    (OHA; Transfer of Funds)
       
       
       
  9. Adopt Resolutions

    10. 1216

    CPH

    S.C.R. No. 33, S.D. 1

    "URGING THE STATE TO PURSUE LITIGATION AGAINST CHEVRONTEXACO FOR NONPAYMENT OF TAXES."
         
         

    1217

    CPH

    S.R. No. 21, S.D. 1

    "URGING THE STATE TO PURSUE LITIGATION AGAINST CHEVRONTEXACO FOR NONPAYMENT OF TAXES."
         
         

    1218

    TSM/ECD

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

    "REQUESTING THE HAWAII TOURISM AUTHORITY TO DESIGN, IMPLEMENT, AND EVALUATE A CULTURAL TELEVISION AND FILM PILOT PROJECT."
         
         
         
  10. Re-Referral

    11. RE-REFERRALS FOR MONDAY, MARCH 31, 2003
         

    S.C.R. NO.

    TITLE

    RE-REFERRAL
         

    153

    REQUESTING AN INVESTIGATION ON THE STATE AND COUNTIES' LAND USE POLICIES WITH REGARD TO SOLID WASTE MANAGEMENT PROGRAMS.

    (Land Use Policies; Auditor Investigation; Solid Waste Management Programs) (WLA/TMG/ENE, WAM)

    WLA/ENE, WAM
         
         

     

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