THE SENATE
OF THE
TWENTY-SECOND LEGISLATURE
STATE OF HAWAII
REGULAR SESSION OF 2003
FORTY-FIFTH DAY
April 2, 2003-Wednesday-11:30 O'CLOCK A.M.
ORDER OF BUSINESS
Invocation by Reverend Alan Urasaki
Honpa Hongwanji
Roll Call
Approval of the Journal
Introductions
G.M. NO. |
TITLE |
REFERRAL |
260 |
Letter dated March 31, 2003, transmitting proposed changes to the General Appropriations Act, H.B. No. 200. |
FILE |
261 |
Letter dated March 7, 2003, transmitting a request to amend H.B. No. 1152, H.D. 1, Relating to State Funds, to retain, rather than repeal, the state disaster loan revolving fund, and to transfer $400,000 from the state disaster loan revolving fund to the general fund for fiscal year 2003-2004. |
FILE |
262 |
Informing the Senate that on April 1, 2003, the Governor signed the following bill into law: HB658 (Act003) |
FILE |
263 |
Submitting for consideration and confirmation to the Kaho`olawe Island Reserve Commission, Gubernatorial Nominee GILBERT COLOMA-AGARAN, for a term to expire 06-30-07. |
WLA/TMG |
HOUSE COM. NO. |
Informing the Senate that on March 31, 2003, the following Senate Bills passed Third Reading in the House: |
REFERRAL |
307 |
S.B. No. 616 "RELATING TO HATE CRIMES."(Hate Crimes; Enhanced Criminal Penalties) |
FILE |
308 |
S.B. No. 685 "RELATING TO SOCIAL SECURITY NUMBERS PLACED IN POLL BOOKS."(Elections; Poll Books; Social Security Numbers; Not Allowed) |
FILE |
309 |
S.B. No. 1270, S.D. 1 "RELATING TO ANTITRUST."(Antitrust; Damages; Housekeeping) |
FILE |
310 |
S.B. No. 295, S.D. 1, H.D. 1 "RELATING TO MOTOR VEHICLE TOWING."(Towing; Counties Authorized to Regulate) |
AGREE/DISAGREE |
311 |
S.B. No. 394, H.D. 1 "RELATING TO CONDOMINIUM PROPERTY REGIMES."(Condominiums, Liens for Maintenance Fees) |
AGREE/DISAGREE |
312 |
S.B. No. 678, S.D. 1, H.D. 1 "RELATING TO INSURANCE."(Workers' Compensation; LLC; Partners; Sole Proprietors) |
AGREE/DISAGREE |
313 |
S.B. No. 687, S.D. 1, H.D. 1 "RELATING TO LEAVES OF ABSENCE."(Public Service; Leaves of Absence) |
AGREE/DISAGREE |
314 |
S.B. No. 1200, S.D. 1, H.D. 1 "RELATING TO CAPTIVE INSURANCE."(Captive Insurers; Financial Condition Statement; Applicability of Insurance Laws; Housekeeping) |
AGREE/DISAGREE |
315 |
S.B. No. 1361, S.D. 2, H.D. 1 "RELATING TO PRESCRIPTION DRUGS."(Prescription Drugs) |
AGREE/DISAGREE |
316 |
S.B. No. 1589, S.D. 1, H.D. 1 "RELATING TO NONPROFIT CORPORATIONS."(Nonprofit Corporations; Member termination, redemption, cancellation; Officer and director indemnification) |
AGREE/DISAGREE |
317 |
S.B. No. 1630, H.D. 1 "RELATING TO NONPROFIT CORPORATIONS."(Nonprofit Corporations; Election of Directors; Mail Ballots Allowed) |
AGREE/DISAGREE |
Informing the Senate that on March 31, 2003, the following House Concurrent Resolutions were Adopted in the House: |
||
318 |
H.C.R. No. 78 "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) |
|
319 |
H.C.R. No. 79 "APPROVING AND AUTHORIZING THE ESTABLISHMENT OF STATE-PROVINCE RELATIONS OF FRIENDSHIP BETWEEN THE STATE OF HAWAII OF THE UNITED STATES OF AMERICA AND THE PROVINCE OF THUA THIEN-HUE OF THE SOCIALIST REPUBLIC OF VIETNAM."(Province of Thua Thien-Hue, Socialist Republic of Vietnam) |
|
320 |
H.C.R. No. 89 "SUPPORTING THE RALPH BUNCHE CENTENARY CELEBRATION."(Ralph Bunche Centenary Celebration) |
|
321 |
H.C.R. No. 163 "SUPPORTING THE ESTABLISHMENT OF THE HAWAII HOMEOWNERSHIP CENTER."(Homeownership Center Support) |
|
Informing the Senate that on April 1, 2003, the following House Concurrent Resolutions were Adopted in the House: |
||
322 |
H.C.R. No. 81, H.D. 1 "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO PRESERVE AND PROTECT THE RECREATION RESIDENCE TRACTS WITHIN THE KOKE'E AND WAIMEA CANYON STATE PARKS."(Koke`e and Waimea Canyon State Parks; Historic Preservation) |
|
323 |
H.C.R. No. 96 "CONTINUING THE JOINT SENATE-HOUSE INVESTIGATIVE COMMITTEE TO INVESTIGATE THE STATE'S EFFORTS TO COMPLY WITH THE FELIX CONSENT DECREE."(Continuing the Joint Felix Investigative Committee) |
|
324 |
H.C.R. No. 119, H.D. 1 "REQUESTING THE DEPARTMENT OF HAWAIIAN HOME LANDS TO REVIEW THE SALE OF LEASES AND SUBMIT RECOMMENDATIONS TO THE LEGISLATURE FOR THE ADOPTION OF POLICIES THAT ARE FAIR TO AWARDEES, LEASE PURCHASERS, AND TO THE STATE."(DHHL; leases) |
|
325 |
H.C.R. No. 198, H.D. 1 "SUPPORTING THE PRESERVATION OF THE HAWAIIAN LANGUAGE AND THE PERPETUATION OF ITS STUDY AND USE."(Hawaiian language) |
|
326 |
H.C.R. No. 203 "REQUESTING THE DEPARTMENT OF HUMAN SERVICES, WITH THE ASSISTANCE OF THE HAWAII CONGRESSIONAL DELEGATION, TO RESTORE THE DISPROPORTIONATE SHARE OF HOSPITAL PAYMENTS FOR COMPENSATION FOR CARE PROVIDED TO THE UNINSURED."(DHS; Restore Disproportionate Share of Hospital Payments) |
|
Informing the Senate that on April 1, 2003, the following Senate Bills passed Third Reading in the House: |
||
327 |
S.B. No. 550, S.D. 1 "RELATING TO AGRICULTURAL COMMODITIES."(Agricultural Theft) |
FILE |
328 |
S.B. No. 1256 "RELATING TO THE AGRICULTURAL WATER USE AND DEVELOPMENT PLAN."(Agricultural water use and development plan) |
FILE |
329 |
S.B. No. 1415 "RELATING TO PENALTIES FOR VIOLATIONS WITHIN THE CONSERVATION DISTRICT."(Penalties for violations within the conservation district) |
FILE |
330 |
S.B. No. 38, H.D. 2 "RELATING TO THE HAWAII TOURISM AUTHORITY."(Hawaii Tourism Authority; Attorneys; Marketing; Registry) |
AGREE/DISAGREE |
331 |
S.B. No. 41, H.D. 1 "RELATING TO PUBLIC CONTRACTS."(Public Contracts Disclosure; Hawaii Tourism Authority) |
AGREE/DISAGREE |
332 |
S.B. No. 319, S.D. 2, H.D. 1 "RELATING TO COUNTIES."(Food Waste Recycling; County Requirements Established) |
AGREE/DISAGREE |
333 |
S.B. No. 337, S.D. 1, H.D. 1 "RELATING TO THE MANAGEMENT OF SCHOOL FACILITIES."(Management of School Facilities; Repair and Maintenance Backlog) |
AGREE/DISAGREE |
334 |
S.B. No. 363, H.D. 1 "RELATING TO EXPERIMENTAL MODERNIZATION PROJECTS FOR COUNTY BOARDS OF WATER SUPPLY."(Civil Service Experimental Projects) |
AGREE/DISAGREE |
335 |
S.B. No. 534, S.D. 2, H.D. 1 "RELATING TO AGRICULTURE."(Agricultural Research and Outreach; Appropriation) |
AGREE/DISAGREE |
336 |
S.B. No. 1139, S.D. 1, H.D. 1 "RELATING TO FAMILY COURT."(Family Court; Surcharge Increase for Parent Education) |
AGREE/DISAGREE |
337 |
S.B. No. 1154, H.D. 1 "RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS."(Hui 'Imi Advisory Council; Reauthorization) |
AGREE/DISAGREE |
338 |
S.B. No. 1255, S.D. 2, H.D. 1 "RELATING TO AGRICULTURAL INSPECTIONS."(Agricultural certifications and audits) |
AGREE/DISAGREE |
339 |
S.B. No. 1306, H.D. 1 "RELATING TO TELECOMMUNICATIONS RELAY SERVICES."(Relating to Telecommunications Relay Services) |
AGREE/DISAGREE |
1253 (One Day Notice) |
(HMS) |
S.C.R. No. 93, S.D. 1 "REQUESTING THE ESTABLISHMENT OF AN AD HOC COMMITTEE TO STUDY THE CONTINUATION OF SERVICES AFTER THE PLANNED CLOSING OF THE CASEY FAMILY PROGRAMS' HAWAII OFFICES."(AMENDED TITLE) (Recommends Adoption) |
1254 (One Day Notice) |
(HMS) |
S.C.R. No. 115, S.D. 1 "SUPPORTING THE CONTINUED AVAILABILITY OF A STATEWIDE NETWORK OF MULTI-PURPOSE SENIOR CENTERS." (Recommends Adoption) |
1255 (One Day Notice) |
(HMS) |
S.C.R. No. 193 "URGING THE U.S. CONGRESS TO RECOGNIZE THE MERITS AND SUCCESSES OF THE HEAD START PROGRAM AND TO REJECT ANY PROPOSAL TO LIMIT THE PROGRAM'S SCOPE OR TO MOVE IT FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES TO THE U.S. DEPARTMENT OF EDUCATION." (Recommends Adoption) |
1256 (One Day Notice) |
(JHW) |
S.C.R. No. 18 "REAFFIRMING THE STATE OF HAWAII'S COMMITMENT TO CIVIL LIBERTIES AND THE BILL OF RIGHTS." (Recommends Adoption) |
1257 (One Day Notice) |
(JHW) |
S.R. No. 8 "REAFFIRMING THE STATE OF HAWAII'S COMMITMENT TO CIVIL LIBERTIES AND THE BILL OF RIGHTS." (Recommends Adoption) |
1258 (One Day Notice) |
(JHW) |
S.C.R. No. 23, S.D. 1 "URGING THE GOVERNOR TO ALLOCATE ADEQUATE FUNDING TO THE HAWAII STATE COMMISSION ON THE STATUS OF WOMEN TO ENABLE IT TO CARRY OUT ITS MISSION AND DUTIES AS MANDATED BY LAW."(AMENDED TITLE) (Recommends Adoption) |
1259 (One Day Notice) |
(JHW) |
S.R. No. 13, S.D. 1 "URGING THE GOVERNOR TO ALLOCATE ADEQUATE FUNDING TO THE HAWAII STATE COMMISSION ON THE STATUS OF WOMEN TO ENABLE IT TO CARRY OUT ITS MISSION AND DUTIES AS MANDATED BY LAW."(AMENDED TITLE) (Recommends Adoption) |
1260 (One Day Notice) |
(JHW) |
S.C.R. No. 86, S.D. 1 "CONVENING A TASK FORCE TO DETERMINE WHETHER HAWAII SHOULD ENACT A THREE STRIKES LAW." (Recommends Adoption) |
1261 (One Day Notice) |
(JHW) |
S.R. No. 60, S.D. 1 "CONVENING A TASK FORCE TO DETERMINE WHETHER HAWAII SHOULD ENACT A THREE STRIKES LAW." (Recommends Adoption) |
1262 (One Day Notice) |
(JHW) |
S.C.R. No. 119 "REQUESTING THE HAWAII SUPREME COURT TO MAKE PUBLIC THE DISPOSITION OF ATTORNEY DISCIPLINARY PROCEEDINGS." (Recommends Adoption) |
1263 (One Day Notice) |
(JHW) |
S.R. No. 78 "REQUESTING THE HAWAII SUPREME COURT TO MAKE PUBLIC THE DISPOSITION OF ATTORNEY DISCIPLINARY PROCEEDINGS." (Recommends Adoption) |
1264 (48 Hrs. Notice) |
(JHW) |
H.B. No. 133, H.D. 1, S.D. 2 "RELATING TO CHILD PROTECTION." (Recommends passage on Third Reading) |
1265 (48 Hrs. Notice) |
(JHW) |
H.B. No. 135, H.D. 1, S.D. 1 "RELATING TO INTERNATIONAL MATCHMAKING ORGANIZATIONS." (Recommends passage on Third Reading) |
1266 (48 Hrs. Notice) |
(JHW) |
H.B. No. 287, H.D. 3, S.D. 2 "RELATING TO PUBLIC EMPLOYEES." (Recommends passage on Third Reading) |
1267 (48 Hrs. Notice) |
(JHW) |
H.B. No. 736, H.D. 1, S.D. 2 "RELATING TO PROFESSIONAL AND VOCATIONAL LICENSES." (Recommends passage on Third Reading) |
1268 (48 Hrs. Notice) |
(JHW) |
H.B. No. 807, H.D. 2, S.D. 2 "RELATING TO CHAPTER 291E." (Recommends passage on Third Reading) |
1269 (48 Hrs. Notice) |
(JHW) |
H.B. No. 1010, H.D. 1, S.D. 2 "RELATING TO THE USE OF INTOXICANTS." (Recommends passage on Third Reading) |
1270 (48 Hrs. Notice) |
(JHW) |
H.B. No. 1572, H.D. 3 "RELATING TO PARKING FOR DISABLED PERSONS." (Recommends passage on Third Reading) |
1271 (48 Hrs. Notice) |
(CPH) |
H.B. No. 58 "RELATING TO MOTOR VEHICLES." (Recommends passage on Third Reading) |
1272 (48 Hrs. Notice) |
(CPH) |
H.B. No. 1453, H.D. 1 "RELATING TO RESIDENTIAL LEASEHOLDS." (Recommends passage on Third Reading) |
1273 (48 Hrs. Notice) |
(CPH) |
H.B. No. 1594, H.D. 1, S.D. 1 "RELATING TO NONPROFIT CORPORATIONS." (Recommends passage on SECOND READING and placement on the calendar for Third Reading) |
1274 |
(JHW) |
S.C.R. No. 103 "REQUESTING A MANAGEMENT AND FINANCIAL AUDIT OF THE DEPARTMENT OF PUBLIC SAFETY, NARCOTICS ENFORCEMENT DIVISION." (Recommends referral to WAM) |
1275 |
(JHW) |
S.R. No. 71 "REQUESTING A MANAGEMENT AND FINANCIAL AUDIT OF THE DEPARTMENT OF PUBLIC SAFETY, NARCOTICS ENFORCEMENT DIVISION." (Recommends referral to WAM) |
ORDER OF THE DAY
HOUSE COM. NO. |
Informing the Senate that on March 28, 2003, the following House Concurrent Resolutions were adopted in the House: |
REFERRAL |
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) |
|
1240 |
TMG |
S.C.R. No. 5 "EXPRESSING SUPPORT FOR THE MILITARY AFFAIRS COUNCIL OF THE CHAMBER OF COMMERCE OF HAWAII IN ITS EFFORTS TO IMPROVE THE QUALITY OF LIFE FOR MILITARY PERSONNEL STATIONED IN HAWAII." |
1241 |
TMG |
S.C.R. No. 27, S.D. 1 "REQUESTING THE HAWAII CONGRESSIONAL DELEGATION TO ASK THE UNITED STATES DEPARTMENT OF JUSTICE TO CONSIDER AND REPORT WHETHER HAWAIIAN AND ALOHA AIRLINES CAN DISCUSS FLIGHT SCHEDULING TO BETTER ACCOMMODATE TRAVELERS."(AMENDED TITLE)" |
1242 |
TMG |
S.R. No. 16, S.D. 1 "REQUESTING THE HAWAII CONGRESSIONAL DELEGATION TO ASK THE UNITED STATES DEPARTMENT OF JUSTICE TO CONSIDER AND REPORT WHETHER HAWAIIAN AND ALOHA AIRLINES CAN DISCUSS FLIGHT SCHEDULING TO BETTER ACCOMMODATE TRAVELERS."(AMENDED TITLE)" |
1243 |
TMG |
S.C.R. No. 29 "URGING THE STATE, COUNTIES, AND PARTICIPATING PRIVATE ENTITIES TO SUPPORT THE DEVELOPMENT AND ESTABLISHMENT OF AN OFFICIALLY RECOGNIZED URBAN SEARCH AND RESCUE TEAM IN HAWAII." |
1244 |
TMG |
S.R. No. 17 "URGING THE STATE, COUNTIES, AND PARTICIPATING PRIVATE ENTITIES TO SUPPORT THE DEVELOPMENT AND ESTABLISHMENT OF AN OFFICIALLY RECOGNIZED URBAN SEARCH AND RESCUE TEAM IN HAWAII." |
1246 |
HMS |
S.C.R. No. 94, S.D. 1 "DECLARING APRIL 9 AS "SAFE RETURN DAY" FOR INDIVIDUALS WITH ALZHEIMER'S DISEASE IN THE STATE OF HAWAII." |
1247 |
CPH |
S.C.R. No. 31 "REQUESTING THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII TO INVESTIGATE AND QUANTIFY ECONOMIC DIFFERENCES BETWEEN THE WORKING POOR AND FAMILIES ON PUBLIC ASSISTANCE IN FEDERAL LOW INCOME HOUSING." |
1248 |
CPH |
S.R. No. 19 "REQUESTING THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII TO INVESTIGATE AND QUANTIFY ECONOMIC DIFFERENCES BETWEEN THE WORKING POOR AND FAMILIES ON PUBLIC ASSISTANCE IN FEDERAL LOW INCOME HOUSING." |
1249 |
HMS |
S.C.R. No. 154, S.D. 1 "REQUESTING THE REVISION OF PUBLIC ASSISTANCE FORMULAS."(AMENDED TITLE) |
1250 |
HMS |
S.R. No. 102, S.D. 1 "REQUESTING THE REVISION OF PUBLIC ASSISTANCE FORMULAS."(AMENDED TITLE) |
Stand. Com. Rep. No. 1224 |
H.B. No. 192, H.D. 1, S.D. 1 "RELATING TO ACCRETED LANDS." - (JHW) (Accreted Lands) |
Stand. Com. Rep. No. 1225 |
H.B. No. 285, H.D. 1, S.D. 2 "RELATING TO ADMINISTRATIVE PROCEDURE." - (JHW) (Admin. Proce.; Rules; Repeal; Sml. Bus. Reg. Rev. Bd. Rpt.) |
Stand. Com. Rep. No. 1226 |
H.B. No. 373, H.D. 2, S.D. 1 "RELATING TO POLITICAL SPEECH." - (JHW) (Political Speech; Landlord-Tenant Code; Sign Posting; Elections; Campaign Signs; Roadside Display) |
Stand. Com. Rep. No. 1227 |
H.B. No. 385, H.D. 2, S.D. 2 "RELATING TO THE PREVENTION OF WORKPLACE VIOLENCE." - (JHW) (Worksite; TRO) |
Stand. Com. Rep. No. 1228 |
H.B. No. 651, H.D. 2, S.D. 1 "RELATING TO INFORMED CONSENT." - (JHW) (Medical Informed Consent Standards; Statutory Requirements; Adjusted) |
Stand. Com. Rep. No. 1229 |
H.B. No. 914, H.D. 2, S.D. 1 "RELATING TO ADULT RESIDENTIAL CARE HOMES." - (JHW) (Adult Residential Care Homes; Caregiver Qualifications; Inspections) |
Stand. Com. Rep. No. 1230 |
H.B. No. 1198, H.D. 2, S.D. 2 "RELATING TO CHILD LABOR." - (JHW) (Child Labor Law; Adult Entertainment) |
Stand. Com. Rep. No. 1231 |
H.B. No. 1214, H.D. 2, S.D. 2 "RELATING TO PUBLIC LAND LIABILITY." - (JHW) (Public Land Liability) |
Stand. Com. Rep. No. 1232 |
H.B. No. 1217, H.D. 1, S.D. 1 "RELATING TO CONTROLLED SUBSTANCES." - (JHW) (Controlled Substances; Schedules of Controlled Substances Updated; Process of Dispensing Prescriptive Drugs Clarified) |
(See Stand. Com. Rep. No. 1233) |
H.B. No. 1161, H.D. 1, S.D. 1 "RELATING TO PSYCHOLOGIST LICENSING REQUIREMENTS." - (CPH) (Psychologist Licensing Requirements) |
(See Stand. Com. Rep. No. 1234) |
H.B. No. 1172 "RELATING TO THE UNIFORM SECURITIES ACT." - (CPH) (Uniform securities act) |
RE-REFERRALS FOR WEDNESDAY, APRIL 2, 2003 |
||
H.B. NO. |
TITLE |
RE-REFERRAL |
73, S.D. 1 |
RELATING TO STATE GOVERNMENT. (Law Enforcement Officers; Civil Defense Functions; Liability Immunity) (TMG)(TMG, WAM)(TMG, JHW/WAM) |
TMG, JHW |
519, H.D. 1 |
RELATING TO THE ELDER JUSTICE ACT. (Dependent Elders; Protection) (HMS, JHW) |
HMS/JHW |
1253, H.D. 1 |
RELATING TO PROCUREMENT. (Procurement; Small Purchases; GET and Use Tax) (TMG, WAM) |
TMG |
H.C.R. NO. |
TITLE |
RE-REFERRAL |
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) (TMG) |
HMS/HTH/EDU, TMG |