HOUSE OF REPRESENTATIVES

STATE OF HAWAII

TWENTY-SECOND STATE LEGISLATURE

REGULAR SESSION, 2004

 

March 23, 2004

 

35th Day

 

ORDER OF BUSINESS

 

Invocation - Kahu John Kalili

Auwaiolimu Congregational Church

Roll Call

Reading of the Journal

Messages from the Governor

Received message numbers 153 through 160.

Senate Communications

Received communication transmitting Senate Concurrent Resolution No. 9, S.D. 1, having been adopted in the Senate.

 

ORDER OF THE DAY

 

Floor Presentations

H.R. No. 60 CONGRATULATING ROBERT HU AS THE 2004 HAWAII STATE TEACHER OF THE YEAR, AND BETTY BRASK, DEWEY GOTTLIEB II, SHARI KANESHIRO, PAMELA McMILLAN, MERLE OKABE, AND DONNA THERRIEN AS THE 2004 HAWAII STATE DISTRICT TEACHERS OF THE YEAR.

 

Reports of Standing Committees

Economic Development and Business Concerns

Stand. Comm. Rep. No. 780-04

S.B. No. 2909, S.D. 1

PUC General Rate Increase Filing Process

PASS SECOND READING, REFER TO Consumer Protection and Commerce

Labor and Public Employment

Stand. Comm. Rep. No. 781-04

S.B. No. 14, S.D. 1, H.D. 1

Rehiring Retired Principals and Vice Principals

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 782-04

S.B. No. 1638, H.D. 1

Costs Recovery for Workers' Compensation Appeals

AS AMENDED, PASS SECOND READING, REFER TO Judiciary

Labor and Public Employment/Higher Education

Stand. Comm. Rep. No. 783-04

S.B. No. 214, S.D. 3, H.D. 1

LCC Program for Freely Associated States Students

AS AMENDED, PASS SECOND READING, REFER TO Finance

Health/Human Services and Housing

Stand. Comm. Rep. No. 784-04

S.B. No. 3136, H.D. 1

Medical Assistance Programs Chiropractic Coverage

AS AMENDED, PASS SECOND READING, REFER TO Consumer Protection and Commerce

Water, Land Use and Hawaiian Affairs

Stand. Comm. Rep. No. 785-04

S.B. No. 2438, S.D. 2, H.D. 1

Shark Migratory Activity Appropriation

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 786-04

S.B. No. 3129, S.D. 1

Lake Wilson Flood Mitigation Appropriation

PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 787-04

S.B. No. 3044

Penalties for Restricting Public Access

PASS SECOND READING, REFER TO Judiciary

Economic Development and Business Concerns

Stand. Comm. Rep. No. 788-04

S.B. No. 195, S.D. 2

NELHA Tenants Confidential Business Trade Secrets and Proprietary Business Information

PASS SECOND READING, REFER TO Judiciary

Economic Development and Business Concerns

Stand. Comm. Rep. No. 789-04

S.B. No. 2869, S.D. 2

HCDA Ombudsman for Kalaeloa Community Development District

PASS SECOND READING, REFER TO Water, Land Use and Hawaiian Affairs

 

Stand. Comm. Rep. No. 790-04

S.B. No. 3002, H.D. 1

Project East Initiative Appropriation

AS AMENDED, PASS SECOND READING, REFER TO Education

Human Services and Housing

Stand. Comm. Rep. No. 791-04

S.B. No. 1000, S.D. 1

Child Abuse Reporting by Clergy

PASS SECOND READING, REFER TO Judiciary

 

Stand. Comm. Rep. No. 792-04

S.B. No. 2630, S.D. 1

Foster Custody Placement with Extended Family

PASS SECOND READING, REFER TO Judiciary

Water, Land Use and Hawaiian Affairs/Human Services and Housing

Stand. Comm. Rep. No. 793-04

S.B. No. 2440, S.D. 1, H.D. 1

999-year Homestead Lease Transfers to Family

AS AMENDED, PASS SECOND READING, REFER TO Finance

Transportation

Stand. Comm. Rep. No. 794-04

S.B. No. 2015

Abandoned Vehicles on Public Highways

PASS SECOND READING, REFER TO Judiciary

 

Stand. Comm. Rep. No. 795-04

S.B. No. 2017, S.D. 2, H.D. 1

Racing on Highways Penalties

AS AMENDED, PASS SECOND READING, REFER TO Judiciary

Economic Development and Business Concerns

Stand. Comm. Rep. No. 796-04

S.B. No. 2392, S.D. 2

Electricore Inc. SPRBs

PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 797-04

S.B. No. 2242, S.D. 1, H.D. 1

Employee Stock Ownership Plans

AS AMENDED, PASS SECOND READING, REFER TO Finance

Consumer Protection and Commerce/Judiciary

Stand. Comm. Rep. No. 798-04

S.B. No. 2839, S.D. 2, H.D. 1

Solicitation of Funds for Charitable Purposes Special Fund

AS AMENDED, PASS SECOND READING, REFER TO Finance

Water, Land Use and Hawaiian Affairs

Stand. Comm. Rep. No. 799-04

S.B. No. 2972, S.D. 1

Hawaii Historic Preservation Special Fund Deposits

PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 800-04

S.B. No. 2097, S.D. 1

Boating Fees and Penalties

PASS SECOND READING, REFER TO Finance

Transportation

Stand. Comm. Rep. No. 801-04

S.B. No. 2018, S.D. 1

Child Passenger Safety

PASS SECOND READING, REFER TO Judiciary

 

Stand. Comm. Rep. No. 802-04

S.B. No. 2021, S.D. 1, H.D. 1

Street Rod Vehicles

AS AMENDED, PASS SECOND READING, REFER TO Judiciary

Human Services and Housing/Health

Stand. Comm. Rep. No. 803-04

S.B. No. 2165, S.D. 1

Drug Affected Newborn Infants

PASS SECOND READING, REFER TO Finance

Human Services and Housing/Health

Stand. Comm. Rep. No. 804-04

S.B. No. 2605

ARCH Level of Care Payments

PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 805-04

S.B. No. 2936, S.D. 2

Medical Assistance for Pregnant Legal Immigrants

PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 806-04

S.B. No. 3134, S.D. 2

LTC Dialysis Patients

PASS SECOND READING, REFER TO Finance

Water, Land Use and Hawaiian Affairs

Stand. Comm. Rep. No. 807-04

S.B. No. 2693, S.D. 1

Sustainable Flood Project Development

PASS SECOND READING, REFER TO Finance

Legislative Management

Stand. Comm. Rep. No. 808-04

S.B. No. 2482, S.D. 1

Prohibit Campaign Communications in State Offices or Buildings

PASS SECOND READING, REFER TO Judiciary

Legislative Management

Stand. Comm. Rep. No. 809-04

S.B. No. 2718, S.D. 1

Auditor, LRB Director, Ombudsman and First Assistants or Deputies Compensation

PASS SECOND READING, REFER TO Finance

Legislative Management/Judiciary

Stand. Comm. Rep. No. 810-04

S.B. No. 3069, S.D. 2

State Capitol

PASS SECOND READING, REFER TO Finance

Water, Land Use and Hawaiian Affairs/Energy and Environmental Protection

Stand. Comm. Rep. No. 811-04

S.B. No. 2968, S.D. 1, H.D. 1

DLNR Conservation and Resources Enforcement Authority

AS AMENDED, PASS SECOND READING, REFER TO Judiciary

Water, Land Use and Hawaiian Affairs

Stand. Comm. Rep. No. 812-04

S.B. No. 2973, S.D. 1

DLNR Interim Rule Making for Indigenous Species

PASS SECOND READING, REFER TO Judiciary

Water, Land Use and Hawaiian Affairs

Stand. Comm. Rep. No. 813-04

S.B. No. 643, S.D. 2, H.D. 1

Bioprospecting

AS AMENDED, PASS SECOND READING, REFER TO Economic Development and Business Concerns

Public Safety and Military Affairs/Labor and Public Employment

Stand. Comm. Rep. No. 814-04

S.B. No. 2979, S.D. 2

HHSC Security

PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 815-04

S.B. No. 2975

Hawaii Paroling Authority Full-time Board Members

PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 816-04

S.B. No. 2919, S.D. 1

DOD Joint Headquarters and Assistant Adjutant General

PASS SECOND READING, REFER TO Finance

Public Safety and Military Affairs

Stand. Comm. Rep. No. 817-04

S.B. No. 2044, S.D. 1

Waipahu HS JROTC

PASS SECOND READING, REFER TO Education

Public Safety and Military Affairs

Stand. Comm. Rep. No. 818-04

S.B. No. 3043, S.D. 1

Aloha Aina Patrol

PASS SECOND READING, REFER TO Tourism and Culture

 

Stand. Comm. Rep. No. 819-04

S.B. No. 2842, S.D. 1, H.D. 1

Sex Offenders Registration

AS AMENDED, PASS SECOND READING, REFER TO Judiciary

 

Stand. Comm. Rep. No. 820-04

S.B. No. 2436

Special Sentencing of Habitual Violent Felons

PASS SECOND READING, REFER TO Judiciary

 

Stand. Comm. Rep. No. 821-04

S.B. No. 2843, S.D. 1

Constitutional Amendment - Public Access to Information Regarding Persons Convicted of Crimes Against Children and Persons Convicted of Sexual Offenses

PASS SECOND READING, REFER TO Judiciary

 

Stand. Comm. Rep. No. 822-04

S.B. No. 3228, S.D. 2

Emergency Relief for Natural Disasters

PASS SECOND READING, REFER TO Health

Energy and Environmental Protection

Stand. Comm. Rep. No. 823-04

S.B. No. 2996, S.D. 2, H.D. 1

Suspend State Tax on Alternative Fuels

AS AMENDED, PASS SECOND READING, REFER TO Finance

Economic Development and Business Concerns

Stand. Comm. Rep. No. 824-04

S.B. No. 2908, S.D. 1

Business Registration

PASS SECOND READING, REFER TO Consumer Protection and Commerce

 

Stand. Comm. Rep. No. 825-04

S.B. No. 2281, S.D. 1, H.D. 1

HTDC Special Fund Deposits

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 826-04

S.B. No. 2377, S.D. 1, H.D. 1

Privacy Violations

AS AMENDED, PASS SECOND READING, REFER TO Judiciary

 

Stand. Comm. Rep. No. 827-04

S.B. No. 2606, S.D. 1, H.D. 1

Brewpubs Malt Beverages Sales

AS AMENDED, PASS SECOND READING, REFER TO Judiciary

Health/Human Services and Housing

Stand. Comm. Rep. No. 828-04

S.B. No. 2621, S.D. 2

Medically Fragile Children's Trust Fund

PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 829-04

S.B. No. 2592, S.D. 2, H.D. 1

Sexual Assault Services Appropriation

AS AMENDED, PASS SECOND READING, REFER TO Finance

Health

Stand. Comm. Rep. No. 830-04

S.B. No. 2890, S.D. 1

Physicians on External Review Panels

PASS SECOND READING, REFER TO Consumer Protection and Commerce

 

Stand. Comm. Rep. No. 831-04

S.B. No. 2957, S.D. 2, H.D. 1

HHSC Captive Insurance Company

AS AMENDED, PASS SECOND READING, REFER TO Consumer Protection and Commerce

 

Stand. Comm. Rep. No. 832-04

S.B. No. 1362, S.D. 3, H.D. 1

Mental Health System Service Plan and Criminal History Record Checks

AS AMENDED, PASS SECOND READING, REFER TO Labor and Public Employment

Labor and Public Employment/Education

Stand. Comm. Rep. No. 833-04

S.B. No. 2424, S.D. 2, H.D. 1

New Century Conversion Charter Schools Personnel

AS AMENDED, PASS SECOND READING, REFER TO Finance

Water, Land Use and Hawaiian Affairs

Stand. Comm. Rep. No. 834-04

S.B. No. 1615, H.D. 1

North Kohala

AS AMENDED, PASS SECOND READING, REFER TO Finance

Public Safety and Military Affairs

Stand. Comm. Rep. No. 835-04

S.B. No. 2914, S.D. 1

Civil Defense Warning or Signal Devices and Sirens

PASS SECOND READING, REFER TO Water, Land Use and Hawaiian Affairs

Health

Stand. Comm. Rep. No. 836-04

S.B. No. 2579, S.D. 2, H.D. 1

Mental Health and Alcohol and Drug Abuse Insurance Coverage

AS AMENDED, PASS SECOND READING, REFER TO Consumer Protection and Commerce

Health

Stand. Comm. Rep. No. 837-04

S.B. No. 2090, S.D. 2, H.D. 1

Prescription Drug Repository Program

AS AMENDED, PASS SECOND READING, REFER TO Consumer Protection and Commerce

Consumer Protection and Commerce

Stand. Comm. Rep. No. 838-04

S.B. No. 1533, S.D. 2, H.D. 1

Time Share Associations GET Exemptions

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 839-04

S.B. No. 1553, S.D. 1, H.D. 1

Mortgage Brokers and Solicitors Licensing - Developers of Time Share Plans

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 840-04

S.B. No. 2105, S.D. 2, H.D. 1

Condominium Management Dispute Resolution

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 841-04

S.B. No. 2906, S.D. 1, H.D. 1

Certificates of Good Standing

AS AMENDED, PASS SECOND READING, REFER TO Finance

Consumer Protection and Commerce

Stand. Comm. Rep. No. 842-04

S.B. No. 2911, S.D. 1, H.D. 1

Advisory Committees

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 843-04

S.B. No. 3222, S.D. 2, H.D. 1

MV Insurance PIP Benefits - Naturopathy

AS AMENDED, PASS SECOND READING, REFER TO Finance

Higher Education

Stand. Comm. Rep. No. 844-04

S.B. No. 2066, S.D. 2

UH Medical Education Special Fund

PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 845-04

S.B. No. 2067, S.D. 1, H.D. 1

National Science Foundation Experimental Program to Stimulate Competitive Research Appropriation

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 846-04

S.B. No. 2072, H.D. 1

UH Center for Nursing Special Fund

AS AMENDED, PASS SECOND READING, REFER TO Finance

HIGHER EDUCATION

Stand. Comm. Rep. No. 847-04

S.B. No. 2114, H.D. 1

UH Campuses Safety and Security Improvements Appropriation

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 848-04

S.B. No. 2222, S.D. 1, H.D. 1

Bridge to Hope Program

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 849-04

S.B. No. 2264, S.D. 1, H.D. 1

UH MSW Distance Learning Program

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 850-04

S.B. No. 2429, S.D. 1, H.D. 1

Student Scholarship and Assistance Special

Fund

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 851-04

S.B. No. 2563, S.D. 2, H.D. 1

Small Business Development

AS AMENDED, PASS SECOND READING, REFER TO Finance

HIGHER EDUCATION

Stand. Comm. Rep. No. 852-04

S.B. No. 3013, S.D. 2, H.D. 1

UH Foundation

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 853-04

S.B. No. 3039, S.D. 1, H.D. 1

Hawaii Commission for National and Community Service

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 854-04

S.B. No. 2426, S.D. 2, H.D. 1

UH Center for School Redesign

AS AMENDED, PASS SECOND READING, REFER TO Finance

 

Stand. Comm. Rep. No. 855-04

S.B. No. 2716, S.D. 1, H.D. 1

Higher Education Statutory Revision Interim Study Group

AS AMENDED, PASS SECOND READING, REFER TO Legislative Management

Higher Education/Labor and Public Employment

Stand. Comm. Rep. No. 856-04

S.B. No. 2073, S.D. 2, H.D. 1

UH Optional Retirement System

AS AMENDED, PASS SECOND READING, REFER TO Finance

Energy and Environmental Protection

Stand. Comm. Rep. No. 857-04

S.B. No. 2474, S.D. 3, H.D. 1

Renewable Energy

AS AMENDED, PASS SECOND READING, REFER TO Consumer Protection and Commerce

 

Stand. Comm. Rep. No. 858-04

S.B. No. 3170, S.D. 2, H.D. 1

Ethanol in Gasoline

AS AMENDED, PASS SECOND READING, REFER TO Consumer Protection and Commerce

 

Stand. Comm. Rep. No. 859-04

S.B. No. 3193, S.D. 2, H.D. 1

Gasoline Prices

AS AMENDED, PASS SECOND READING, REFER TO Consumer Protection and Commerce

Consumer Protection and Commerce

Stand. Comm. Rep. No. 860-04

S.B. No. 1318, S.D. 1, H.D. 1

Business Registration Fees

AS AMENDED, PASS SECOND READING, REFER TO Judiciary

 

Stand. Comm. Rep. No. 861-04

S.B. No. 1322, S.D. 1, H.D. 2

Health Insurers Premium Tax Exemption

AS AMENDED, REFER TO Finance

Water, Land Use and Hawaiian Affairs

Stand. Comm. Rep. No. 862-04

S.B. No. 1556, S.D. 2, H.D. 1

Coastal Zone Management - Shorelines

AS AMENDED, PASS SECOND READING, REFER TO Finance

Education

Stand. Comm. Rep. No. 863-04

S.B. No. 3148, S.D. 2, H.D. 1

Host Culture Charter School District

AS AMENDED, PASS SECOND READING, REFER TO Water, Land Use and Hawaiian Affairs

Finance

Stand. Comm. Rep. No. 864-04

S.B. No. 2529, H.D. 1

Securities for Public Funds Protection

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 865-04

S.B. No. 3098, H.D. 1

Kikala-Keokea

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Finance

Stand. Comm. Rep. No. 866-04

S.B. No. 2983, S.D. 2, H.D. 1

IRC Conformity

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

 

Stand. Comm. Rep. No. 867-04

S.B. No. 3162, S.D. 1, H.D. 1

Renewable Energy Technologies Income Tax Credit

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING

Human Services and Housing

Stand. Comm. Rep. No. 868-04

H.R. No. 2, H.D. 1

Office of the Public Guardian

AS AMENDED, REFER TO Judiciary

 

Stand. Comm. Rep. No. 869-04

H.C.R. No. 7, H.D. 1

Office of the Public Guardian

AS AMENDED, REFER TO Judiciary

 

 

Legislative Management/International Affairs

Stand. Comm. Rep. No. 870-04

H.C.R. No. 23

Province of Thua Thien-Hue, Socialist Republic of Vietnam

FOR ADOPTION

 

Stand. Comm. Rep. No. 871-04

H.R. No. 8, H.D. 1

Spirit of Hawaii Goodwill and Friendship Coastal Korea Visit

AMENDED, FOR ADOPTION

 

Stand. Comm. Rep. No. 872-04

H.C.R. No. 21, H.D. 1

Spirit of Hawaii Goodwill and Friendship Coastal Korea Visit

AMENDED, FOR ADOPTION

   

Introduction of Resolutions

 

Announcements

Floor presentation for Wednesday, March 24, 2004:

RECOGNIZING KATHLEEN NULLET OF KAILUA INTERMEDIATE SCHOOL AS THE RECIPIENT OF THE 2003 OUTSTANDING GLOBAL TEACHER AWARD.