THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2004

 

SECOND DAY

January 22, 2004-Thursday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Mrs. Pat Fujikawa

Moanalua Gardens Missionary Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 1-40

    2. G.M. NO.

    TITLE

    REFERRAL
         

    1

    Submitting for consideration and confirmation to the Circuit Court of the First Circuit, 16th Division, Gubernatorial Nominee PATRICK W. BORDER, for a term to ten years.

    JHW
         

    2

    Submitting for consideration and confirmation to the Intermediate Court of Appeals, Associate Judge, Gubernatorial Nominee CRAIG H. NAKAMURA, for a term of ten years.

    JHW
         

    3

    Dated April 2, 2003, transmitting the Detailed Expenditure and Status Report prepared by the Department of Public Safety, Correctional Industries Division, pursuant to Act 170, SLH 1995.

    FILE
         

    4

    Dated April 29, 2003, transmitting the Housing and Community Development Corporation of Hawaii's Funds Report for Fiscal Year Ending June 30, 2001.

    FILE
         

    5

    Dated June 6, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of February, 2003, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001.

    FILE
         

    6

    Dated June 6, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of March, 2003, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001.

    FILE
         

    7

    Dated July 16, 2003, transmitting the 2002 Annual Report on Special Purpose Revenue Bond Financing of Electric and Gas Utility Capital Improvement Programs, prepared by the Public Utilities Commission pursuant to Act 262, SLH 1998 and Act 57, SLH 1999.

    FILE
         

    8

    Letter dated July 9, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Defense in the amount of $21,397,500.

    FILE
         

    9

    Letter dated July 9, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Defense in the amount of $2,387,500.

    FILE
         

    10

    Letter dated July 29, 2003, pursuant to Act 200, Section 11, SLH 2003, sending notification that she has approved the transfer of $49,000 from design to plans for Item E-4, Hawaii Health Systems Foundation, Hawaii.

    FILE
         

    11

    Dated July 30, 2003, transmitting a Report on the Mental Health Services from the Child and Adolescent Mental Health Division for the Quarter Ending June 2003, prepared by the Department of Health pursuant to Act 259, Section 33, SLH 2001.

    FILE
         

    12

    Dated July 30, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of April, 2003, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001.

    FILE
         

    13

    Dated July 30, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of May, 2003, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001.

    FILE
         

    14

    Dated July 30, 2003, transmitting a Detailed Quarterly Report on Projected and Actual Expenditures from the Behavioral Health Administration for the Quarter ending March 31, 2003, prepared by the Department of Health pursuant to Act 259, Section 36, SLH 2001.

    FILE
         

    15

    Letter dated August 1, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Agriculture in the amount of $29,739.

    FILE
         

    16

    Letter dated August 6, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Business, Economic Development and Tourism, in the amount of $437,066.

    FILE
         

    17

    Letter dated August 6, 2003, pursuant to Act 200, Section 111, SLH 2003, sending notification that she has approved the transfer of $10,000 from construction to design for health and safety requirements statewide, Act 177, Item K-17, SLH 2002.

    FILE
         

    18

    Letter dated August 8, 2003, pursuant to Act 200, Sections 133 and 134, SLH 2003, sending notification that she has approved the following transfers for the Department of Business, Economic Development and Tourism: transfer of operating funds in the amount of $70,000 from BED 144 Statewide Planning and Coordination to BED 142 General Support for Economic Development and $57,720 from BED 102 Business Services to BED 142 General Support for Economic Development; and the transfer of one permanent position count from BED 144 to BED 142 and one temporary position count from BED 102 to BED 142.

    FILE
         

    19

    Letter dated August 26, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Health in the amount of $200,000 for the Traumatic Brain Injury Implementation Grant.

    FILE
         

    20

    Letter dated August 26, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Health in the amount of $99,694 for the Early Childhood Comprehensive Systems Grant.

    FILE
         

    21

    Letter dated August 29, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Land and Natural Resources in the amount of $50,000.

    FILE
         

    22

    Dated September 1, 2003, transmitting the Annual Reports for the Housing and Community Development Corporation of Hawaii for Fiscal Years 2001 and 2002, pursuant to Chapter 201G, HRS.

    FILE
         

    23

    Dated September 8, 2003, transmitting the 2002 Annual Report on the Juvenile Justice State Advisory Council prepared by the Office of Youth Services, pursuant to Section 223 of the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended.

    FILE
         

    24

    Letter dated October 31, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Health, in the amount of $2,137,365 for the Bioterrorism Hospital Preparedness Program.

    FILE
         

    25

    Letter dated September 8, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Health, in the amount of $725,000 to implement the Hawaii Systems Change for Community Living, Community Personal Assistance Services and Supports.

    FILE
         

    26

    Letter dated September 10, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Transportation, in the amount of $3,000,000.

    FILE
         

    27

    Letter dated September 12, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Agriculture, in the amount of $10,000.

    FILE
         

    28

    Dated September 12, 2003, transmitting the Strategic Plan for the State Foundation on Culture and the Arts for Fiscal Year 2003-2008.

    FILE
         

    29

    Letter dated September 12, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Human Services, in the amount of $226,348.

    FILE
         

    30

    Dated September 12, 2003, transmitting the 2002 Annual Report prepared by Department of Hawaiian Home Lands pursuant to Section 222 of the Hawaiian Homes Commission Act, 1920, as amended.

    FILE
         

    31

    Dated September 16, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of June, 2003, prepared by the Department of Health pursuant to Act 259, Section 34, SLH 2001.

    FILE
         

    32

    Dated September 16, 2003, transmitting the Detailed Quarterly Report on Projected and Actual Expenditures from the Behavioral Health Administration for the quarter ending June 30, 2003, prepared by the Department of Health pursuant to Act 259, Section 36, SLH 2001.

    FILE
         

    33

    Letter dated September 22, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Human Services, in the amount of $268,245 for FY 03 Economic Development Initiative, Special Projects Grant.

    FILE
         

    34

    Letter dated September 26, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Public Safety, in the amount of $72,609.

    FILE
         

    35

    Dated September 26, 2003, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree for the Month of July, 2003, prepared by the Department of Health pursuant to Act 259, Section 30 (sic), SLH 2001.

    FILE
         

    36

    Dated October 17, 2003, transmitting the Enterprise Zones Partnership Annual Report 2002-2003, prepared by the Department of Business, Economic Development and Tourism.

    FILE
         

    37

    Letter dated October 23, 2003, pursuant to Act 200, Section 129, SLH 2003, sending notification that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Transportation, in the amount of $419,892.

    FILE
         

    38

    Dated December 1, 2003, transmitting the Annual Report on the North Shore Paukauila Streambank Erosion and Riparian Area Community Project, prepared by the Department of Land and Natural Resources pursuant to S.C.R. No. 223 (1995).

    FILE
         

    39

    Dated December 1, 2003, transmitting the Annual Report on Geothermal Royalties, prepared by the Department of Land and Natural Resources pursuant to Section 182-18, HRS.

    FILE
         

    40

    Dated December 1, 2003, transmitting the Report on Operations of the Filing Office for Financing Statements Under the Uniform Commercial Code, Secured Transactions (Revised Article 9), prepared by the Department of Land and Natural Resources pursuant to Section 490:9-527, HRS.

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: No(s). 1-2
    4.  

    Informing the Senate on January 21, 2004, the following House Concurrent Resolutions were Adopted in the House:

    REFERRAL
         

    1

    H.C.R. No. 1

    "RELATING TO RECESS DAYS FOR THE REGULAR SESSION OF 2004"(Recess days of regular session of 2004.)

    ADOPT
         

    2

    H.C.R. No. 2

    "REQUESTING THE GOVERNOR TO ADDRESS THE LEGISLATURE ASSEMBLED IN JOINT SESSION."(Requesting the Governor to address the Legislature.)

    ADOPT
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Special Committee Report No. 1

    7. 1

    Final Report on S.R. No. 147 (2003)

    "REQUESTING THE SENATE COMMITTEE ON JUDICIARY AND HAWAIIAN AFFAIRS AND TWO MEMBERS OF SENATE LEADERSHIP TO CONDUCT AN INTERIM STUDY OF THE SENATE RULES REGARDING DECISION-MAKING BY STANDING COMMITTEES AND CONFERENCE PROCEDURES REGARDING DECISION-MAKING BY CONFERENCE COMMITTEES."

    FILE
  7. Introductions of Measures

    8. ORDER OF THE DAY

  8. Deferred Matters - Adoption
    9.  

    S.R. No. 1

    "AMENDING THE RULES OF THE SENATE OF THE TWENTY-SECOND LEGISLATURE."

    ADOPT
         
     

    S.R. No. 2

    "AMENDING THE RULES OF THE SENATE TO REQUIRE REFERRAL OF BILLS BASED ON THE JURISDICTION OF COMMITTEES AS DESCRIBED IN THE RULES."(Senate Rule Amendments.)

    ADOPT
         
     

    S.R. No. 3

    "AMENDING THE RULES OF THE SENATE RELATING TO COMMITTEE PROCEDURES ON DEFERRING CONSIDERATION ON A BILL."(Senate Rule Amendments.)

    ADOPT
         
     

    S.R. No. 4

    "AMENDING THE RULES OF THE SENATE TO AUTHORIZE THE PRESIDENT TO ADOPT CONFERENCE COMMITTEE PROCEDURES."(Senate Rules Amendments)

    ADOPT
         
  9. Miscellaneous Communications: None
  10. Miscellaneous Business
  11. Announcements
  12. Adjournment