THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2003

 

FORTY-SEVENTH DAY

April 4, 2003-Friday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Pastor David Monroy

Hope Chapel, Manoa

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor No(s).: 264-266

    2. G.M. NO.

    TITLE

    REFERRAL
         

    264

    Dated March 3, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of October 2002, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001.

    FILE
         

    265

    Dated March 3, 2003, transmitting the Report on the Deposits and Disbursements from the Special Fund and Report on the Effectiveness of Its Use Towards Increasing Organ Donations, prepared by the Department of Health, Organ Donor Center of Hawaii, pursuant to Act 88, SLH 1999.

    FILE
         

    266

    Dated March 28, 2003, transmitting the 2002 Annual Report of the Environmental Council.

    FILE
         
         
  2. Departmental Communications: None
  3. House Communication No(s).: 357-377
    4.  

    Informing the Senate that on April 3, 2003, the following House Concurrent Resolutions were Adopted in the House:

    REFERRAL
         

    357

    H.C.R. No. 31

    "REQUESTING STRONG SUPPORT BY CONGRESS FOR TITLE IX, THE PATSY TAKEMOTO MINK EQUAL OPPORTUNITY IN EDUCATION ACT."(Title IX, Urge Congress to Support)

    		  
         

    358

    H.C.R. No. 60

    "EXPRESSING SUPPORT FOR THE SCHOOL OF OCEAN AND EARTH SCIENCE AND TECHNOLOGY OF THE UNIVERSITY OF HAWAII."(School of Ocean and Earth Science and Technology; Support)

    		  
         

    359

    H.C.R. No. 90

    "REQUESTING THE U.S. SMALL BUSINESS ADMINISTRATION TO RE-EXAMINE THE CRITERIA FOR DESIGNATING HUBZONES UNDER THE HUBZONE EMPOWERMENT CONTRACTING PROGRAM AS IT APPLIES TO THE STATE OF HAWAII."(Hubzones under the hubzones empowerment contracting programs as it applies to the State of Hawaii.)

    		  
         

    360

    H.C.R. No. 184

    "RECOGNIZING THE WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY."(Western Interstate Commission for Higher Education)

    FILE
         

    361

    H.C.R. No. 211, H.D. 1

    "REAFFIRMING THE VALUE AND MEANING OF ALOHA IN THE FACE OF MILITARY ACTION AGAINST IRAQ."(Reaffirming aloha; Iraq war)

    FILE
         
         
     

    Informing the Senate that on April 3, 2003, the following Senate Bills passed Third Reading in the House:

    REFERRAL
         

    362

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

    "RELATING TO THE TEACHER EDUCATION COORDINATING COMMITTEE."(Teacher Education Coordinating Committee; UOH, DOE, HTSB)

    AGREE/DISAGREE
         

    363

    S.B. No. 205, S.D. 3, H.D. 2

    "RELATING TO EMPLOYMENT."(Paid Leave; Education or Health of Children)

    AGREE/DISAGREE
         

    364

    S.B. No. 540, S.D. 1, H.D. 2

    "MAKING AN APPROPRIATION FOR AGRICULTURAL RESEARCH AND DEVELOPMENT."(Hawaii Farm Bureau Federation; Pineapple Research)

    AGREE/DISAGREE
         

    365

    S.B. No. 579, S.D. 1, H.D. 1

    "MAKING AN APPROPRIATION FOR DEVELOPMENT OF A NON-EMERGENCY REPORT SYSTEM, KNOWN AS 3-1-1."(Non-Emergency 3-1-1 Report System; Grant-in-Aid)

    AGREE/DISAGREE
         

    366

    S.B. No. 611, S.D. 1, H.D. 2

    "RELATING TO COURT APPOINTED COUNSEL."(Appointed Counsel; Compensation)

    AGREE/DISAGREE
         

    367

    S.B. No. 768, S.D. 1, H.D. 2

    "RELATING TO COLLECTIVE BARGAINING."(Collective Bargaining; Reinstatement to Binding Arbitration)

    AGREE/DISAGREE
         

    368

    S.B. No. 789, S.D. 1, H.D. 2

    "RELATING TO PUBLIC EMPLOYEE HEALTH BENEFITS."(Public Employee Health Benefits)

    AGREE/DISAGREE
         

    369

    S.B. No. 843, S.D. 1, H.D. 2

    "RELATING TO CONSERVATION OF AQUATIC LIFE, WILDLIFE, AND LAND PLANTS."(Conservation; Safe Harbor Agreements; Habitat Conservation Plans)

    AGREE/DISAGREE
         

    370

    S.B. No. 1258, S.D. 1, H.D. 1

    "RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION."(Agribusiness Development Corporation)

    AGREE/DISAGREE
         

    371

    S.B. No. 1279, S.D. 2, H.D. 2

    "RELATING TO TOBACCO."(Tobacco)

    AGREE/DISAGREE
         

    372

    S.B. No. 1334, H.D. 1

    "RELATING TO THE STATE INTERNET PORTAL."(State Internet Portal)

    AGREE/DISAGREE
         

    373

    S.B. No. 1381, S.D. 1, H.D. 2

    "RELATING TO THE HAWAII STATE PUBLIC LIBRARY SYSTEM."(Kapolei Library; Emergency Appropriation)

    AGREE/DISAGREE
         

    374

    S.B. No. 1413, H.D. 1

    "RELATING TO KIKALA-KEOKEA."(Kikala-Keokea)

    AGREE/DISAGREE
         

    375

    S.B. No. 1425, S.D. 2, H.D. 1

    "RELATING TO BUSINESS MENTORING OF YOUTH AND YOUNG ADULTS."(Demonstration Program of Business Mentoring of Youth and Young Adults)

    AGREE/DISAGREE
         

    376

    S.B. No. 1495, S.D. 1, H.D. 1

    "MAKING AN APPROPRIATION FOR THE HAWAII DROUGHT PLAN."(Appropriation; Hawaii Drought Plan)

    AGREE/DISAGREE
         

    377

    S.B. No. 1396

    "RELATING TO THE ADMINISTRATION OF TAXES."(Administration of taxes)

    FILE
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Standing Committee Report No(s).: 1307-1313

    7. 1307

    (48 Hrs. Notice)

    (CPH)

    H.B. No. 1165, H.D. 2, S.D. 1

    "RELATING TO BUSINESS REGISTRATION."

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

    1308

    (JHW)

    S.C.R. No. 69

    "REQUESTING AN AUDIT OF VARIOUS EXECUTIVE DEPARTMENTS REGARDING CEDED LAND REVENUE."

    (Recommends referral to WAM)
         
         

    1309

    (JHW)

    S.R. No. 46

    "REQUESTING AN AUDIT OF VARIOUS EXECUTIVE DEPARTMENTS REGARDING CEDED LAND REVENUE."

    (Recommends referral to WAM)
         
         

    1310

    (EDU/HTH)

    S.C.R. No. 152

    "CONTINUING THE JOINT SENATE-HOUSE INVESTIGATIVE COMMITTEE TO INVESTIGATE THE STATE'S EFFORTS TO COMPLY WITH THE FELIX CONSENT DECREE."

    (Recommends referral to JHW)
         
         

    1311

    (EDU/TMG)

    S.C.R. No. 182

    "REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY THE ADVANTAGES AND COST-EFFECTIVENESS OF OUTSOURCING THE PROPERTY MANAGEMENT OF PUBLIC SCHOOL BUILDINGS, FACILITIES, AND GROUNDS."

    (Recommends referral to WAM)
         
         

    1312

    (One Day Notice)

    (TMG/ECD)

    S.C.R. No. 176, S.D. 1

    "URGING THE U.S. CONGRESS TO DISCONTINUE MILITARY BASE CLOSURES IN THE STATE OF HAWAII AND ESTABLISHING A BASE REALIGNMENT AND CLOSING COMMITTEE TO PRESERVE LOCAL BASES. (AMENDED TITLE)"

    (Recommends Adoption)
         
         

    1313

    (One Day Notice)

    (TMG/ECD)

    S.R. No. 124, S.D. 1

    "URGING THE U.S. CONGRESS TO DISCONTINUE MILITARY BASE CLOSURES IN THE STATE OF HAWAII AND ESTABLISHING A BASE REALIGNMENT AND CLOSING COMMITTEE TO PRESERVE LOCAL BASES.(AMENDED TITLE)"

    (Recommends Adoption)
         
         
         

     

     

     

     

    ORDER OF THE DAY

  7. Deferred Matters – Referrals

    8. HOUSE COM. NO.

    Informing the Senate that on April 1, 2003, the following House Concurrent Resolutions were Adopted in the House:

    REFERRAL
         

    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 2, 2003, the following House Concurrent Resolutions were Adopted in the House:

    		  
         

    340

    H.C.R. No. 141, H.D. 1

    "REQUESTING THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY TO RECONSIDER THE EXISTING KALAELOA REDEVELOPMENT PLAN AND MAKE REVISIONS AS NECESSARY TO MAXIMIZE THE SOCIAL AND ECONOMIC DEVELOPMENT POTENTIAL OF THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT."(HCDA; Kalaeloa Redevelopment Plan)

    		  
         

    341

    H.C.R. No. 146

    "REQUESTING MEMBERS OF HAWAII'S CONGRESSIONAL DELEGATION TO WORK TO OBTAIN ADDITIONAL FUNDS NECESSARY TO MEET THE MANDATES OF THE FEDERAL "NO CHILD LEFT BEHIND ACT OF 2001"."(No Child Left Behind Act of 2001)

    		  
         

    342

    H.C.R. No. 160, H.D. 1

    "DESIGNATING APRIL AS "FINANCIAL LITERACY FOR YOUTH IN HAWAII MONTH.""(Financial Literacy for Youth in Hawaii Month)

    		  
         

    343

    H.C.R. No. 208

    "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."(Head Start Program)

    		  
         

    344

    H.C.R. No. 216

    "SUPPORTING THE MANY BENEFITS OF HAWAI`I GROWN CHOCOLATE TO OUR STATE AND DIVERSIFIED AGRICULTURE."(Chocolate; diversified agriculture)

    		  
         
         
  8. Advise and Consent

    9. 1276

    JHW

    J.C. No. 2

    "Submitting for consideration and confirmation to the District Court of the First Circuit, State of Hawaii, BERT I. AYABE."
         
         

    1277

    JHW

    J.C. No. 3

    "Submitting for consideration and confirmation to the District Family Court of the First Circuit, State of Hawaii, MICHAEL F. BRODERICK."
         
         
         

     

     

     

     

     

     

  9. Third Reading

    10. Stand. Com. Rep. No. 1264

    H.B. No. 133, H.D. 1, S.D. 2

    "RELATING TO CHILD PROTECTION." - (JHW)

    (Abandoned Children)
       
       

    Stand. Com. Rep. No. 1265

    H.B. No. 135, H.D. 1, S.D. 1

    "RELATING TO INTERNATIONAL MATCHMAKING ORGANIZATIONS." - (JHW)

    (International Matchmaking Organizations; Criminal and Marital History of Prospective Spouses)
       
       

    Stand. Com. Rep. No. 1266

    H.B. No. 287, H.D. 3, S.D. 2

    "RELATING TO PUBLIC EMPLOYEES." - (JHW)

    (Public Employees; Public Officials; Termination; Felony Conviction)
       
       

    Stand. Com. Rep. No. 1267

    H.B. No. 736, H.D. 1, S.D. 2

    "RELATING TO PROFESSIONAL AND VOCATIONAL LICENSES." - (JHW)

    (Occupational License; Certification of Student Loan Default;)
       
       

    Stand. Com. Rep. No. 1268

    H.B. No. 807, H.D. 2, S.D. 2

    "RELATING TO CHAPTER 291E." - (JHW)

    (Intoxicants; Habitually Operating a Vehicle Under the Influence; Prior Valid Convictions; Repeal of Sanctions Notice Requirements )
       
       

    Stand. Com. Rep. No. 1269

    H.B. No. 1010, H.D. 1, S.D. 2

    "RELATING TO THE USE OF INTOXICANTS." - (JHW)

    (Intoxicants; Blood Alcohol Content Testing)
       
       

    Stand. Com. Rep. No. 1270

    H.B. No. 1572, H.D. 3

    "RELATING TO PARKING FOR DISABLED PERSONS." - (JHW)

    (Disabled Persons; Parking)
       
       

    Stand. Com. Rep. No. 1271

    H.B. No. 58

    "RELATING TO MOTOR VEHICLES." - (CPH)

    (Motor Vehicles; Removal and Shipping)
       
       

    Sta\nd. Com. Rep. No. 1272

    H.B. No. 1453, H.D. 1

    "RELATING TO RESIDENTIAL LEASEHOLDS." - (CPH)

    (Land Reform Act, Residential Lot, Qualifying)
       
       

    (See Stand. Com. Rep. No. 1273)

    H.B. No. 1594, H.D. 1, S.D. 1

    "RELATING TO NONPROFIT CORPORATIONS." - (CPH)

    (Nonprofit Corporations; Members; Termination and Cancellation; Indemnification)
       
       

     

     

     

     

     

    		  
  10. Adopt Resolutions

    11. 1278

    EDU

    S.C.R. No. 25

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

    1279

    EDU

    S.R. No. 14

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

    1280

    EDU

    S.C.R. No. 51, S.D. 1

    "REQUESTING THE UNIVERSITY OF HAWAII TO SUBMIT A REPORT ON THE STATUS AND EFFECTIVENESS OF STUDENT FINANCIAL AID PROGRAMS."
         
         

    1281

    EDU

    S.R. No. 31, S.D. 1

    "REQUESTING THE UNIVERSITY OF HAWAII TO SUBMIT A REPORT ON THE STATUS AND EFFECTIVENESS OF STUDENT FINANCIAL AID PROGRAMS."
         
         

    1282

    EDU

    S.C.R. No. 58

    "REQUESTING THE DEPARTMENT OF EDUCATION TO ESTABLISH PROCEDURES AND GUIDELINES BY WHICH HOME-SCHOOLED STUDENTS ARE ABLE TO PARTICIPATE IN EXTRACURRICULAR AND CO-CURRICULAR ACTIVITIES AT PUBLIC SCHOOLS."
         
         

    1283

    EDU

    S.R. No. 38

    "REQUESTING THE DEPARTMENT OF EDUCATION TO ESTABLISH PROCEDURES AND GUIDELINES BY WHICH HOME-SCHOOLED STUDENTS ARE ABLE TO PARTICIPATE IN EXTRACURRICULAR AND CO-CURRICULAR ACTIVITIES AT PUBLIC SCHOOLS."
         
         

    1284

    EDU

    S.C.R. No. 60

    "URGING THE ESTABLISHMENT OF A TEACHER CADET PROGRAM TO RECRUIT HAWAII'S BRIGHTEST AND BEST PUBLIC HIGH SCHOOL STUDENTS FOR TEACHING CAREERS IN THE HAWAII PUBLIC SCHOOL SYSTEM."
         
         

    1285

    EDU

    S.R. No. 40

    "URGING THE ESTABLISHMENT OF A TEACHER CADET PROGRAM TO RECRUIT HAWAII'S BRIGHTEST AND BEST PUBLIC HIGH SCHOOL STUDENTS FOR TEACHING CAREERS IN THE HAWAII PUBLIC SCHOOL SYSTEM."
         
         

    1286

    EDU

    S.C.R. No. 150

    "REQUESTING THE ESTABLISHMENT OF A TASK FORCE ON ASIA-PACIFIC EDUCATION TO ENSURE THAT HAWAII'S STUDENTS MEET HIGH PERFORMANCE STANDARDS IN EDUCATION ABOUT ASIA AND THE PACIFIC AND UNDERSTAND THE IMPACT OF THE STATE'S RELATIONSHIP WITH THE REGION."
         
         

    1287

    EDU

    S.C.R. No. 181

    "REQUESTING THE DEPARTMENT OF EDUCATION TO ENTER INTO AN AGREEMENT WITH THEODORA MALLICK FOR THE CONSTRUCTION OF THE PAHOA SCHOOL GYMNASIUM."
         
         

    1288

    EDU

    S.R. No. 129

    "REQUESTING THE DEPARTMENT OF EDUCATION TO ENTER INTO AN AGREEMENT WITH THEODORA MALLICK FOR THE CONSTRUCTION OF THE PAHOA SCHOOL GYMNASIUM."
         
         

    1289

    CPH/SAT

    S.C.R. No. 120, S.D. 1

    "REQUESTING A REPORT ON THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS' PLANS AND POLICIES AFFECTING PUBLIC, EDUCATIONAL, OR GOVERNMENTAL ACCESS TELEVISION.(AMENDED TITLE)"
         
         

    1290

    CPH/SAT

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

    "REQUESTING A REPORT ON THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS' PLANS AND POLICIES AFFECTING PUBLIC, EDUCATIONAL, OR GOVERNMENTAL ACCESS TELEVISION."(AMENDED TITLE)
         
         

    1291

    EDU

    S.C.R. No. 32, S.D. 1

    "REQUESTING THE DEPARTMENT OF EDUCATION TO USE RESEARCH-BASED CURRICULUM AND STANDARDS-BASED CLASSROOM ASSESSMENTS, IN ADDITION TO LARGE-SCALE ACHIEVEMENT TESTS, TO MEET THE REQUIREMENTS OF THE NO CHILD LEFT BEHIND ACT.(AMENDED TITLE)"
         
         

    1292

    EDU

    S.R. No. 20, S.D. 1

    "REQUESTING THE DEPARTMENT OF EDUCATION TO USE RESEARCH-BASED CURRICULUM AND STANDARDS-BASED CLASSROOM ASSESSMENTS, IN ADDITION TO LARGE-SCALE ACHIEVEMENT TESTS, TO MEET THE REQUIREMENTS OF THE NO CHILD LEFT BEHIND ACT.(AMENDED TITLE)"
         
         

    1293

    EDU

    S.C.R. No. 59, S.D. 1

    "REQUESTING THE DEVELOPMENT AND IMPLEMENTATION OF CURRICULUM GUIDELINES FOR INSTRUCTION ON THE HISTORICAL FACTS AND IMPACT UPON OUR NATION OF THE INTERNMENT OF JAPANESE AMERICANS DURING WORLD WAR II.(AMENDED TITLE)"
         
         

    1294

    EDU

    S.R. No. 39, S.D. 1

    "REQUESTING THE DEVELOPMENT AND IMPLEMENTATION OF CURRICULUM GUIDELINES FOR INSTRUCTION ON THE HISTORICAL FACTS AND IMPACT UPON OUR NATION OF THE INTERNMENT OF JAPANESE AMERICANS DURING WORLD WAR II.(AMENDED TITLE)"
         
         

    1295

    EDU

    S.C.R. No. 147, S.D. 1

    "REQUESTING THE DEPARTMENT OF EDUCATION AND THE UNIVERSITY OF HAWAII TO COLLABORATIVELY DEVELOP AN IMPLEMENTATION PLAN TO ESTABLISH CERTIFICATED PUBLIC SCHOOLS.(AMENDED TITLE)"
         
         

    1296

    EDU

    S.R. No. 99, S.D. 1

    "REQUESTING THE DEPARTMENT OF EDUCATION AND THE UNIVERSITY OF HAWAII TO COLLABORATIVELY DEVELOP AN IMPLEMENTATION PLAN TO ESTABLISH CERTIFICATED PUBLIC SCHOOLS.(AMENDED TITLE)"
         
         

    1297

    EDU

    S.C.R. No. 151, S.D. 1

    "SUPPORTING THE UNIVERSITY OF HAWAII'S RESEARCH ENTERPRISE AND REQUESTING THE DEVELOPMENT AND IMPLEMENTATION OF A FIVE YEAR PLAN FOR ITS EXPANSION."
         
         

    1298

    EDU

    S.R. No. 104, S.D. 1

    "SUPPORTING THE UNIVERSITY OF HAWAII'S RESEARCH ENTERPRISE AND REQUESTING THE DEVELOPMENT AND IMPLEMENTATION OF A FIVE YEAR PLAN FOR ITS EXPANSION."
         
         
         

     

     

     

  11. Re-Referrals

    12. RE-REFERRALS FOR FRIDAY, APRIL 4, 2003
         

    S.C.R. NO.

    TITLE

    RE-REFERRAL
         

    158

    REQUESTING A REVIEW OF EXISTING LEGISLATION REGULATING CRUISE SHIPS AND THEIR ENVIRONMENTAL EFFECTS.

    (Cruise Ships; Environmental Effects; LRB Research) (ENE/TMG, WAM)

    ENE/TMG
         
         
  12. Miscellaneous Communications: None
  13. Miscellaneous Business
  14. Announcements
  15. Adjournment