THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2003

 

FIFTY-FIRST DAY

April 14, 2003-Monday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Larry King

Halawa Heights Baptist Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: None
  2. Departmental Communications: None
  3. House Communication No(s).: 516-564
    4.  

    Informing the Senate that on April 11, 2003, the following House Concurrent Resolutions were Adopted in the House:

    REFERRAL
         

    516

    H.C.R. No. 10, H.D. 2

    "REQUESTING THAT THE PRESIDENT AND CONGRESS RECOGNIZE AN OFFICIAL POLITICAL RELATIONSHIP BETWEEN THE UNITED STATES GOVERNMENT AND THE INDIGENOUS HAWAIIAN PEOPLE."(Indigenous Hawaiian Federal Recognition)

    JHW/TMG
         

    517

    H.C.R. No. 12, H.D. 1

    "REQUESTING THE OFFICE OF THE PUBLIC GUARDIAN TO CONVENE A TASK FORCE TO RE-EVALUATE THE PLACEMENT OF THE OFFICE OF THE PUBLIC GUARDIAN."(Reevaluate Placement of Office of the Public Guardian)

    JHW
         

    518

    H.C.R. No. 17, H.D. 1

    "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 ILOCOS NORTE OF THE REPUBLIC OF THE PHILIPPINES."(Sister-State Relationship with Ilocos Norte, Philippines)

    TMG
         

    519

    H.C.R. No. 19

    "SUPPORTING THE DEVELOPMENT OF A RURAL HEALTH CARE CENTER AT THE UNIVERSITY OF HAWAII AT HILO."(UHH; Rural Health Science Center)

    EDU/HTH
         

    520

    H.C.R. No. 95

    "REQUESTING THE EMPLOYEES' RETIREMENT SYSTEM TO STUDY THE FEASIBILITY OF A DEFERRED RETIREMENT OPTION PLAN BENEFIT FOR FIRE FIGHTERS AND POLICE OFFICERS."(Requesting the Employees' Retirement System of the State of Hawaii to study a deferred retirement option plan for firefighters and police officers and make recommendations for the establishment of such a plan.)

    LBR
         

    521

    H.C.R. No. 97, H.D. 1

    "REQUESTING THE EMPLOYEES' RETIREMENT SYSTEM TO CONDUCT A STUDY ON THE FEASIBILITY OF A HYBRID RETIREMENT PLAN."(Requests the ERS to study the feasibility of a hybrid plan.)

    LBR
         

    522

    H.C.R. No. 109

    "REQUESTING THE EMPLOYEES' RETIREMENT SYSTEM TO REVIEW ITS INVESTMENT PRACTICES, DETERMINE WHETHER ANY INVESTMENTS ARE BEING MADE WITH COMPANIES BASED IN COUNTRIES THAT SUPPORT TERRORISM, AND RETHINK ITS INVESTMENT POLICIES REGARDING THESE COMPANIES."(Requesting the Employees' Retirement System to review its investment practices, determine whether any investments are being made with companies based in countries that support terrorism, and rethink its investment policies regarding these companies.)

    LBR
         

    523

    H.C.R. No. 117

    "REQUESTING THE DEPARTMENT OF EDUCATION TO ENTER INTO A REAL ESTATE TRANSACTION AGREEMENT FOR A NEW ELEMENTARY SCHOOL IN KAHULUI, MAUI."(Maui Lani Elementary School; Kahului, Maui)

    EDU
         

    524

    H.C.R. No. 120

    "REQUESTING THAT THE STATE OF HAWAII PURSUE A WIRELESS E911 INTERIM WORKING GROUP."(Wireless E911 Working Group)

    TMG/SAT
         

    525

    H.C.R. No. 128, H.D. 1

    "REQUESTING TELECOMMUNICATIONS AND CALL CENTERS TO INITIATE CUSTOMER RIGHT TO KNOW PROCEDURES REGARDING ALL INBOUND AND OUTBOUND COMMUNICATIONS."(Right to Know)

    ECD
         

    526

    H.C.R. No. 131, H.D. 2

    "REQUESTING A MANAGEMENT AND FINANCIAL AUDIT OF THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII'S FEDERAL SECTION 8 VOUCHER PROGRAM"

    CPH/WAM
         

    527

    H.C.R. No. 134

    "REQUESTING AN AUDIT OF THE HAWAII STATE JUDICIARY, DIVISION OF DRIVER EDUCATION."(Division of Driver Education; Audit)

    JHW/WAM
         

    528

    H.C.R. No. 135

    "REQUESTING DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM TO ESTABLISH A TASK FORCE TO DEVELOP AN EMERGENCY ACTION PLAN TO ASSIST AND EMPOWER THE WAI'ANAE COMMUNITY AND OTHER COMMUNITIES AROUND THE STATE TO FOSTER GREATER SELF-SUFFICIENCY"(Wai`anae Coast; Governor's Task Force; Emergency Action Plan )

    ECD
         

    529

    H.C.R. No. 137, H.D. 1

    "RELATING TO RECOMMENDATIONS FOR PUBLIC ASSISTANCE."(Public Assistance Guidelines)

    HMS
         

    530

    H.C.R. No. 142, H.D. 1

    "REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY PREDATORY HOME LENDING PRACTICES AND LAWS."(LRB to Study Predatory Home Lending Practices and Laws)

    CPH/JHW
         

    531

    H.C.R. No. 143

    "REQUESTING THE UNITED STATES PRESIDENT TO SUBMIT THE KYOTO PROTOCOL TO THE UNITED STATES SENATE FOR RATIFICATION."(Kyoto Protocol)

    TMG/ENE
         

    532

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

    "URGING THE BOARD OF EDUCATION AND THE SUPERINTENDENT OF EDUCATION TO CONSIDER DECLINING ANY FURTHER PARTICIPATION IN THE "NO CHILD LEFT BEHIND ACT OF 2001" AND TO RETURN ALL FEDERAL FUNDS CONDITIONED ON THE IMPLEMENTATION OF THE ACT BY THE STATE OF HAWAII, UNLESS CONGRESS FULLY FUNDS THE ACT."("No Child Left Behind Act of 2001"; Title I)

    EDU
         

    533

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

    "REQUESTING THE ESTABLISHMENT OF AN INTERIM TASK FORCE ON UNIVERSAL HEALTH CARE."(Universal Health Interim Task Group)

    HTH/CPH
         

    534

    H.C.R. No. 157, H.D. 1

    "FORMALIZING THE ONGOING EFFORTS OF THE AGRICULTURE WORKING GROUP IN ADDRESSING THE MANDATE OF ARTICLE XI, SECTION 3 OF THE STATE CONSTITUTION AND RELATED AGRICULTURAL AND LAND ISSUES."(Recognizing the efforts of the Agriculture Working Group in addressing the mandates of article XI, section 3 of the state constitution.)

    WLA
         

    535

    H.C.R. No. 158, H.D. 1

    "REQUESTING THE DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF LAND AND NATURAL RESOURCES TO UPDATE AND REPORT TO THE LEGISLATURE ON THEIR EFFORTS TO MONITOR AND RESTRICT THE IMPORTATION OF INVASIVE ALIEN AQUATIC ORGANISMS AND THEIR EFFORTS TO ERADICATE THESE ORGANISMS."(Alien Aquatic Organisms; DLNR; DOA)

    WLA/ENE
         

    536

    H.C.R. No. 162, H.D. 1

    "REQUESTING ESTABLISHMENT OF A TASK FORCE TO EXAMINE STATE REGULATION OF PROVIDERS OF DEATH CARE SERVICES."(Death Care Services; Task Force)

    CPH
         

    537

    H.C.R. No. 165, H.D. 1

    "REQUESTING THE AUDITOR TO CONDUCT AN AUDIT OF THE KALAUPAPA SETTLEMENT OPERATIONS AND EXPENDITURES."(Kalaupapa Settlement Audit)

    HTH/WAM
         

    538

    H.C.R. No. 172, H.D. 1

    "REQUESTING THE CONSUMER ADVOCATE TO FORM AN AD HOC ADVISORY GROUP TO INVESTIGATE AND MAKE RECOMMENDATIONS REGARDING THE DEVELOPMENT AND IMPLEMENTATION OF STANDARD OFFER CONTRACTS AND STANDARDIZED INTERCONNECTION AGREEMENTS TO REDUCE THE APPROVAL PROCESS TIME FOR THE IMPLEMENTATION OF RENEWABLE ENERGY SYSTEMS; AND FACILITATE THE PURCHASE OF ELECTRICITY FROM RENEWABLE ENERGY PRODUCERS IN HAWAII."(Instructing the Consumer Advocate to convene a working group to study the need for and make recommendations regarding the implementation of standardized power purchase contracts and standardized interconnection agreements.)

    ENE, CPH
         

    539

    H.C.R. No. 179, H.D. 1

    "REQUESTING THE DEPARTMENT OF HEALTH AND HAWAII'S U.S. PUBLIC HEALTH OFFICE TO FURTHER IMPLEMENT THEIR EPIDEMIC PREVENTION PROGRAM TO PREVENT THE POTENTIAL ENTRY OF COMMUNICABLE DISEASE VECTORS THAT MAY CAUSE AN EPIDEMIC IN HAWAII"(Epidemic Prevention Program; Department of Health)

    HTH
         

    540

    H.C.R. No. 182, H.D. 1

    "REQUESTING THE DEPARTMENTS OF LABOR AND INDUSTRIAL RELATIONS AND HEALTH TO CONDUCT A STUDY RELATING TO THE OCCUPATIONAL AND HEALTH RISKS OF COUNTY REFUSE COLLECTION WORKERS."(County Refuse Collection Workers; ERS)

    HTH/LBR, TMG
         

    541

    H.C.R. No. 183, H.D. 1

    "REQUESTING THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY TO CONDUCT AN ANALYSIS OF ITS CURRENT EFFORTS TO DETERMINE TO WHAT EXTENT IT IS UTILIZING PROMISING ENERGY EFFICIENCY AND RENEWABLE ENERGY TECHNOLOGIES IN ITS DEVELOPMENT DISTRICTS."(HCDA; RENEWABLE ENERGY EFFICIENCY AND ANALYSIS)

    ENE/WLA
         

    542

    H.C.R. No. 185

    "URGING THE DEPARTMENT OF EDUCATION TO IMPLEMENT CAREER PATHWAYS AS A PART OF A SCHOOL REFORM MODEL TO INCLUDE THE REDESIGN OF CAREER AND TECHNICAL EDUCATION THAT IS REFLECTIVE OF ECONOMIC DEVELOPMENT INITIATIVES AND PRIORITIES."(Redesign of Career and Technical Education)

    EDU
         

    543

    H.C.R. No. 186, H.D. 1

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

    EDU
         

    544

    H.C.R. No. 188

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO STUDY THE FEASIBILITY OF ESTABLISHING FLYER STOPS WITHIN THE RIGHT-OF-WAY OF OAHU'S H-2 FREEWAY AND CONNECTING TO PARK-AND-RIDE FACILITIES."(Department of Transportation; Flyer Stop Feasibility Study)

    TMG
         

    545

    H.C.R. No. 197, H.D. 1

    "REQUESTING THE CITY AND COUNTY OF HONOLULU TO DETERMINE THE FEASIBILITY OF CONSTRUCTING A MULTI-USE PATH ALONG THE WAIANAE COAST FROM MAILI BEACH PARK TO MAKAHA SURFING BEACH."(Waianae Coast Exercise Path; DLNR Feasibility Study)

    TMG
         

    546

    H.C.R. No. 201, H.D. 1

    "REQUESTING AN INVESTIGATION ON THE STATE AND COUNTIES' LAND USE POLICIES WITH REGARD TO SOLID WASTE MANAGEMENT PROGRAMS."(Investigation on the State and Counties' Land use Policies with regard to Solid Waste Management Programs.)

    WLA/ENE, WAM
         

    547

    H.C.R. No. 223, H.D. 1

    "CONCERNING CERTAIN PUBLIC LEASES."(Public Leases)

    WLA
         

    548

    H.C.R. No. 225

    "REQUESTING THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO TAKE SPECIFIC ACTIONS TO HELP THE AIRLINES SERVING THE STATE OF HAWAII IN THE EVENT OF A WAR."(Select House Committee on War Preparedness)

    TMG
         

    549

    H.C.R. No. 226

    "URGING THE CITY AND COUNTY OF HONOLULU TO EXPAND ITS BRUNCH ON THE BEACH AND SUNSET ON THE BEACH PROGRAM TO ACTIVELY WELCOME AND INCLUDE THE PARTICIPATION OF MILITARY FAMILIES."(C&C Brunch on the Beach and Sunset on the Beach Program)

    TMG
         

    550

    H.C.R. No. 227, H.D. 1

    "REQUESTING THE HAWAII TOURISM AUTHORITY TO DEVELOP AND IMPLEMENT A PROGRAM TO PROVIDE MILITARY FAMILIES STATIONED IN HAWAII WITH AN AFFORDABLE OPPORTUNITY TO SEE THE STATE."(Military families in Hawaii to see the state.)

    TSM/TMG
         

    551

    H.C.R. No. 228, H.D. 1

    "REQUESTING THE DEPARTMENT OF EDUCATION TO IMPLEMENT PROGRAMS TO DEMONSTRATE TO THE CHILDREN OF ARMED SERVICES MEMBERS THAT THE PEOPLE OF HAWAII VALUE AND APPRECIATE THE SACRIFICES OF THE ARMED SERVICES MEMBER AND THEIR FAMILIES."(Children of military families.)

    TMG
         

    552

    H.C.R. No. 229

    "URGING THE HAWAII TOURISM AUTHORITY, IN CONJUNCTION WITH THE AIRLINE AND HOTEL INDUSTRY, TO IMPLEMENT A PROGRAM WHICH GIVES REDUCED PRICES FOR AIRFARE AND HOTEL ACCOMMODATIONS TO VISITING RELATIVES AND FAMILIES OF MILITARY PERSONNEL TO SHOW OUR ALOHA FOR THEIR SACRIFICE."

    TSM/TMG
         

    553

    H.C.R. No. 230

    "URGING THE FEDERAL GOVERNMENT TO CONSIDER THE LIMITED RESOURCES OF HAWAII CONTRACTORS IN ITS PROCUREMENT PROCEDURES FOR GOODS, SERVICES, AND CONSTRUCTION IN HAWAII."(Urging the president of the united states to request that federal agencies in Hawaii parcel out its contracts.)

    TMG
         

    554

    H.C.R. No. 41, H.D. 1

    "URGING THE DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES TO ESTABLISH AN INTERGOVERNMENTAL-COMMUNITY TASK FORCE TO PLAN FOR THE DEVELOPMENT OF AN ALTERNATIVE ACCESS ROAD TO KAILUA HIGH SCHOOL IN KAILUA, O`AHU."(Intergovernmental-Community Task Force; Alternate Access Road)

    TMG
         

    555

    H.C.R. No. 47, H.D. 1

    "REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY CONCERNING THE ESTABLISHMENT OF AN OFFICE OF INTERNATIONAL AFFAIRS IN STATE GOVERNMENT."(Establishing an Office of International Affairs)

    TMG/WAM
         

    556

    H.C.R. No. 51

    "REQUESTING THAT THE SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY ESTABLISH A PACIFIC OCEANIC ADMINISTRATIVE REGION WITHIN THE DEPARTMENT OF HOMELAND SECURITY TO BE HEADQUARTERED IN HONOLULU."(Requesting the Secretary of the Department of Homeland Security to establish a Pacific Oceanic Administrative Region within the Department of Homeland Security to be headquartered in Honolulu.)

    TMG
         

    557

    H.C.R. No. 55, H.D. 1

    "REQUESTING THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM BUSINESS ACTION CENTER TO COORDINATE AND FACILITATE THE PROJECT REVIEW AND PERMITTING PROCESS OF A PLASMA-ARC TORCH FACILITY IN THE STATE."(Plasma arc torch facility)

    ECD/HTH
         

    558

    H.C.R. No. 68, H.D. 1

    "REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES TO EXPLORE THE LEASING OF UNUTILIZED FAST AND SUBMERGED LANDS AT KEEHI LAGOON FOR THE PRIVATE DEVELOPMENT OF BOATING AND OCEAN RECREATIONAL FACILITIES."(BLNR; Keehi Lagoon; Submerged Lands; Develop Master Plan)

    WLA
         

    559

    H.C.R. No. 80, H.D. 1

    "ENCOURAGING THE PRESERVATION OF OUR STATE BEACHES AND SHORELINES."(Shorelines.)

    WLA/TMG
         

    560

    H.C.R. No. 85, H.D. 1

    "REQUESTING A PROGRAM AUDIT AND INVESTIGATION OF THE VARIOUS AGENCIES INVOLVED IN THE CHILD PROTECTIVE SERVICES SYSTEM."(Child Protective Services)

    HMS/WAM
         

    561

    H.C.R. No. 92

    "REQUESTING THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, IN CONJUNCTION WITH HAWAII'S HEALTH PLANS, TO EXPLORE OPTIONS FOR PROVIDING MEDICAL SAVINGS ACCOUNTS AND HIGH DEDUCTIBLE HEALTH PLANS TO HAWAII'S BUSINESSES UNDER HAWAII'S PREPAID HEALTH CARE ACT."(Requesting the Department of Labor and Industrial Relations, in conjunction with Hawaii's health plans, to explore options for providing medical savings accounts and high deductible plans to Hawaii's businesses under Hawaii's Prepaid Health Care Act.)

    LBR
         

    562

    H.C.R. No. 93

    "REQUESTING A STUDY OF THE FEASIBILITY OF MEDICAL SAVINGS ACCOUNTS."(Requests that auditor to conduct a study on the feasibility of medical savings accounts and its impacts on the Prepaid Health Care Act.)

    CPH
         

    563

    H.C.R. No. 94, H.D. 1

    "REQUESTING THE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT TO SUBMIT REPORTS ON EXEMPT EMPLOYEES AS REQUIRED BY ACT 253, SESSION LAWS OF HAWAII 2000."(Department of Human Resources Development to submit reports on exempt employees as required by Act 253, Session Laws of Hawaii 2000.)

    LBR
         
         
     

    Informing the Senate that on April 10, 2003, the House disagreed to the amendments proposed by the Senate to the following House Bills:

    		  
         

    564

    H.B. No. 133, H.D. 1, S.D. 3

    "RELATING TO CHILD PROTECTION."(Abandoned Children; Immunity from Prosecution in Certain Circumstances; Child Abuse; Public Safety Officers; Authority to Assume Protective Custody; Established)

    FILE
         
     

    H.B. No. 1225, S.D. 2

    "RELATING TO THE ADMINISTRATION OF TAXES."(Tax Administration; Act 190, SHL 2002, and Act 221, SLH 2001; Adjusted)

    		  
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None

    6. ORDER OF THE DAY

  6. Deferred Matters – Approval of the Journal
  7. Deferred Matters - Referrals
    8.  

    Informing the Senate that on April 10, 2003, the following House Concurrent Resolutions were Adopted in the House:

    		  
         

    510

    H.C.R. No. 54

    "URGING THE STATE AND COUNTIES TO SUPPORT THE DEVELOPMENT AND ESTABLISHMENT OF AN OFFICIALLY RECOGNIZED URBAN SEARCH AND RESCUE TEAM IN HAWAII."(Officially Recognized Urban Search and Rescue Team in Hawaii)

    TMG
         

    511

    H.C.R. No. 65

    "STRONGLY URGING THE GLAXOSMITHKLINE CORPORATION TO IMMEDIATELY RESUME PRESCRIPTION DRUG DELIVERIES TO CANADIAN-BASED MAIL-ORDER PHARMACIES."(GlaxoSmithKline; Resume Pharmaceutical Deliveries to Canadian Pharmacies.)

    HTH
         

    512

    H.C.R. No. 76

    "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
         

    513

    H.C.R. No. 77

    "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)

    		  
         

    514

    H.C.R. No. 82, H.D. 1

    "URGING HAWAII HEALTH SYSTEMS CORPORATION AND ST. FRANCIS HEALTHCARE SYSTEM TO CONTINUE THEIR PARTNERSHIP IN SERVING THE NEEDS OF DIALYSIS PATIENTS IN HAWAII."(St. Francis Healthcare System; Dialysis)

    HTH
         

    515

    H.C.R. No. 219, H.D. 1

    "SUPPORTING THE RESTORATION AND MAINTENANCE OF THE SANJU PAGODA IN NUUANU VALLEY."(Sanju Pagoda; Renovation and Maintenance)

    SAT
         
         

     

  8. Final Reading

    9. S.B. No. 1405, H.D. 1

    "RELATING TO COMMERCIAL DRIVER LICENSING."
       
       
  9. Re-Referrals

    10. RE-REFERRALS FOR MONDAY, APRIL 14, 2003
         

    H.B. NO.

    TITLE

    RE-REFERRAL
         

    391, H.D. 2, S.D. 2

    RELATING TO COLLECTIVE BARGAINING.

    (Privatization; Managed Competition) (LBR, WAM)

    TMG/LBR, WAM
         

    S.B. NO.

    TITLE

    RE-REFERRAL
         

    687, S.D. 1, H.D. 1

    RELATING TO LEAVES OF ABSENCE.

    (Public Service; Leaves of Absence) (LBR)

    LBR, WAM
         
         
  10. Miscellaneous Communications: None
  11. Miscellaneous Business

    12. Reconsideration of Disagreement to House Amendments; One Day Notice for Final Reading

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

    "RELATING TO WATERCRAFT."

    S.B. No. 1075, S.D. 1, H.D. 1

    "RELATING TO CONTESTED CASES."

    S.B. No. 1107, S.D. 1, H.D. 1

    "RELATING TO CHAPTER 711, HAWAII REVISED STATUTES."

    S.B. No. 1156, H.D. 2

    "RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS."

    S.B. No. 1361, S.D. 2, H.D. 1

    "RELATING TO PRESCRIPTION DRUGS."

     

  12. Announcements
  13. Adjournment