THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2004

 

TENTH DAY

February 5, 2004-Thursday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Dr. Tom Fujita

Nuuanu Congregational Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 134-141

    2. G.M. NO.

    TITLE

    REFERRAL
         

    134

    Dated January 21, 2004, transmitting a Report on the Efforts to Increase the Number of High-Skilled Jobs in Targeted Industry Clusters, prepared by the Department of Business, Economic Development and Tourism pursuant to Act 148, SLH 2003.

    FILE
         

    135

    Dated January 22, 2004, transmitting a report prepared by the Department of Health, pursuant to Act 185, SLH 2003, requiring the Department of Health and the Hawaii Real Estate Commission to conduct a study on the impact and feasibility of allowing condominium and cooperative housing corporation projects to become licensed assisted living facilities.

    FILE
         

    136

    Dated January 23, 2004, transmitting a Report on the Development of Public Health Strategies to Address the Hepatitis C Problem in Hawaii, prepared by the Department of Health pursuant to S.C.R. No. 16 (2003).

    FILE
         

    137

    Dated January 27, 2004, transmitting a Report on the Statewide Comprehensive Strategic Plan for Services and Supports for Individuals with Developmental Disabilities or Mental Retardation, prepared by the Department of Health pursuant to S.C.R. No. 151 (1999).

    FILE
         

    138

    Dated January 27, 2004, transmitting a Report Establishing the Primary Health Care Incentive Program and the Primary Care Roundtable, prepared by the Department of Health pursuant to Act 41, SLH 1992.

    FILE
         

    139

    Dated January 29, 2004, transmitting a Report Relating to the Drinking Water Treatment Revolving Loan Fund of the Department of Health, prepared by the Department of Health, Environmental Health Administration, Environmental Management Division, Safe Drinking Water Branch, Wastewater Branch, pursuant to Section 340E-33, HRS.

    FILE
         

    140

    Dated January 30, 2004, transmitting a Report on Substance Abuse Treatment for Offenders, prepared by the Department of Health, Alcohol and Drug Abuse Division, pursuant to Act 200, Section 27, SLH 2003.

    FILE
         

    141

    Dated January 30, 2004, transmitting the Annual Report of the Hawaii Advisory Commission on Drug Abuse and Controlled Substances pursuant to Section 329-3, HRS.

    FILE
         
         
  2. Departmental Communications: No(s). 20-21

    3. D.C. NO.

    TITLE

    REFERRAL
         

    20

    From the State Auditor dated January 28, 2004, transmitting a report "Audit of the Department of Health's Administration of A Statewide Solid Waste Program and Assessment of Related Land Use Policies," (Report No. 04-01).

    FILE
         

    21

    From the Department of Human Services dated January 29, 2004, transmitting a report summarizing the work of the statewide interagency Task Force in developing a plan for coordination and expansion of services provided through Healthy Start to young children and their families, pursuant to S.C.R. No. 13 (2003).

    FILE
         
         
  3. House Communications: None
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Introduction of Measures
  7. Standing Committee Reports: No(s). 1
    8.      

    ORDER OF THE DAY

  8. Re-Referrals

    9. RE-REFERRALS FOR THURSDAY, FEBRUARY 5, 2004
         

    S.B. NO.

    TITLE

    RE-REFERRAL
         

    2293

    RELATING TO HOUSING FINANCING PROGRAMS.

    (Relating to Housing Financing Programs) (TMG, WAM)

    TMG/CPH, WAM
         

    2348

    RELATING TO THE OFFICE OF COMMUNITY SERVICES.

    (Services for Freely Associated States Immigrants; Appropriation) (EDU, WAM)

    LBR/EDU, WAM
         

    2683

    RELATING TO PRIMARY HEALTH CARE.

    (Appropriation; Community Health Centers) (HTH/HMS, WAM)

    HTH, WAM
         

    2684

    RELATING TO PRESCRIPTION DRUGS.

    (Imported Prescription Drugs; Correctional Facilities ) (JHW/CPH, WAM)

    CPH/JHW, WAM
         

    2698

    RELATING TO STATE PARKS.

    (Revenue Bonds; Improvements to State Parks) (ECD/TSM, WAM)

    ECD/WLA/TSM, WAM
         

    2702

    RELATING TO CONVEYANCE TAX.

    (Conveyance Tax; Homeless; Historic Preservation) (WLA, WAM)

    CPH, WAM
         

    2703

    RELATING TO COMMERCIAL ELECTRONIC MAIL.

    (Unsolicited Commercial Email; Ban) (SAT, JHW)

    SAT/CPH, JHW
         

    2714

    RELATING TO DRUGS AND INTOXICATING COMPOUNDS.

    (Prosecution for Drug Offenses; Immunity; Pregnant Women) (HMS, JHW)

    HTH, JHW
         

    2731

    RELATING TO THE AUDITOR.

    (Auditor; Reimbursement) (TMG, JHW)

    TMG/JHW, WAM
         

    2746

    RELATING TO HABITUAL OPERATION OF A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT.

    (Motor Vehicles; DUI; Habitual Offenders) (JHW, WAM)

    TMG/JHW, WAM
         

    2749

    RELATING TO SPEEDING.

    (Crimes; Traffic Safety; Speeding) (JHW, WAM)

    TMG/JHW, WAM
         

    2757

    RELATING TO EDUCATION.

    (DOE; BOE; Attorneys) (EDU, JHW)

    EDU/JHW, WAM
         

    2758

    RELATING TO CEDED LANDS.

    (Public Land Trust; Ceded Lands; Inalienable) (JHW, WAM)

    JHW/WLA, WAM
         

    2779

    RELATING TO TRADITIONAL HAWAIIAN HEALING PRACTICES.

    (Traditional Hawaiian Healing Practices) (HTH/JHW)

    HTH, JHW
         

    2795

    RELATING TO THE HAWAII FILM ENHANCEMENT REBATE PROGRAM.

    (Hawaii Film Enhancement Rebate Program) (SAT/ECD, WAM)

    ECD/SAT, WAM
         

    2817

    RELATING TO MICROORGANISM IMPORT.

    (Relating to Microorganism Import.) (SAT, WAM)

    WLA/SAT, WAM
         

    2825

    RELATING TO THE ELECTIONS APPOINTMENT AND REVIEW PANEL.

    (Elections Appointment and Review Panel) (JHW)

    TMG/JHW
         

    2839

    RELATING TO SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES.

    (Relating to Solicitation of Funds for Charitable Purposes.) (CPH, JHW)

    CPH/JHW, WAM
         

    2869

    RELATING TO THE MAINTENANCE OF PROPERTIES WITHIN THE KALAELOA COMMUNITY DEVELOPMENT DISTRICT.

    (Maintenance of Properties within The Kalaeloa Community Development District) (ECD)

    WLA/ECD, WAM
         

    2870

    RELATING TO TAX CREDITS FOR FILM AND PERFORMING ARTS.

    (Tax Credits for Film and Performing Arts) (SAT, WAM)

    ECD/SAT, WAM
         

    2884

    RELATING TO INSURANCE.

    (Expand Authority of Insurance Fraud Investigations Branch) (CPH, JHW)

    CPH/JHW, WAM
         

    2887

    RELATING TO INTERSTATE INSURANCE COMPACT.

    (Interstate Insurance Compact) (CPH)

    CPH, WAM
         

    2928

    RELATING TO THE RENTAL HOUSING TRUST FUND ADVISORY COMMISSION.

    (Rental Housing Trust Fund Advisory Commission) (CPH)

    CPH, WAM
         

    2931

    RELATING TO BACKGROUND CHECKS FOR PROVIDERS OF HOME AND COMMUNITY-BASED SERVICES.

    (Background Checks) (HMS, JHW)

    HMS/JHW, WAM
         

    2936

    RELATING TO MEDICAL ASSISTANCE FOR PREGNANT LEGAL IMMIGRANTS.

    (Medical Assistance for Pregnant Legal Immigrants) (HMS/HTH, WAM)

    HMS, WAM
         

    2948

    RELATING TO PUBLIC HEALTH NURSING SERVICES.

    (Public Health Nursing Services) (HTH/HMS)

    HTH, WAM
         

    2953

    MAKING AN EMERGENCY APPROPRIATION FOR THE HAWAII HEALTH SYSTEMS CORPORATION.

    (Emergency Appropriation for the Hawaii Health Systems Corporation) (HTH/LBR, WAM)

    HTH, WAM
         

    2956

    RELATING TO EMERGENCY MEDICAL SERVICES.

    (Emergency Medical Services) (HTH/TMG, WAM)

    HTH, WAM
         

    2959

    RELATING TO INTERAGENCY COORDINATION.

    (Interagency Coordination) (HTH, JHW)

    HTH/JHW, WAM
         

    2985

    RELATING TO A LONG-TERM CARE TAX CREDIT.

    (Long-Term Care Tax Credit) (HMS/HTH, WAM)

    HTH/HMS, WAM
         

    3002

    MAKING AN APPROPRIATION FOR THE PROJECT EAST INITIATIVE IN HAWAII'S PUBLIC SCHOOLS.

    (Project EAST; Appropriation) (SAT/EDU, WAM)

    SAT/ECD, WAM
         

    3014

    RELATING TO EDUCATION.

    (DOE; Transfer of Functions, Positions, Records and Equipment from Other State Agencies) (TMG, JHW)

    TMG/JHW, WAM
         

    3022

    RELATING TO RESORT FACILITY TAX CREDIT.

    (Tax Credit; Resort Facility; Wireless Internet Access) (SAT/TSM, WAM)

    SAT/ECD/TSM, WAM
         

    3025

    RELATING TO THE OFFICE OF PLANNING.

    (Office of Planning; Required to Report to Director of DBEDT) (ECD/WLA, WAM)

    WLA/ECD, WAM
         

    3026

    RELATING TO TORT DAMAGES.

    (Tort Action; Noneconomic Damages; Medical Tort Reform) (CPH, JHW)

    HTH, JHW
         

    3061

    RELATING TO MOTOR VEHICLE RENTAL INDUSTRY.

    (Fuel purchase options; commissions; rental vehicles) (CPH)

    TMG, CPH
         

    3073

    RELATING TO HEALTH CARE INSURANCE TAX CREDIT.

    (Health Insurance Incentives; Part-Time Employees) (LBR, WAM)

    LBR/CPH, WAM
         

    3099

    RELATING TO CORAL REEF PROTECTION IN THE NORTHWESTERN HAWAIIAN ISLANDS.

    (Northwestern Hawaiian Islands Refuge Act; Coral Reef Protection) (WLA, JHW)

    WLA/JHW, WAM
         

    3111

    RELATING TO WORKERS' COMPENSATION.

    (Workers' Compensation; Prescription Drug Benefits) (LBR, CPH)

    LBR/CPH, WAM
         

    3114

    RELATING TO KALAUPAPA SETTLEMENT.

    (Kalaupapa Settlement) (HTH)

    HTH, WAM
         

    3130

    RELATING TO ZONING

    (County Zoning; Campaign Headquarters Exemption) (TMG, JHW)

    TMG/WLA, JHW
         

    3131

    RELATING TO SUBSTANCE ABUSE.

    (Drug Abuse) (HMS, WAM)

    HTH, WAM
         

    3138

    RELATING TO INVASIVE SPECIES.

    (Invasive Algae; Control and Eradication) (ENE)

    ENE, WAM
         

    3155

    RELATING TO HEALTH INSURANCE.

    (Universal Health Care Insurance) (HTH/TMG, WAM)

    HTH/CPH, WAM
         

    3156

    RELATING TO EMERGENCY MEDICAL SERVICES.

    (Emergency Medical Services; Professional Development Training) (HTH/TMG, WAM)

    HTH, WAM
         

    3159

    RELATING TO CONTRACTORS.

    (Contractors; General and Specialty Contracting) (CPH)

    TMG, CPH
         

    3167

    RELATING TO PARKING FOR PERSONS WITH DISABILITIES.

    (Parking for Disabled Persons) (HMS/TMG, JHW)

    HTH/TMG, JHW
         

    3169

    RELATING TO ETHANOL.

    (Ethanol Tax Credit) (CPH, WAM)

    ECD/CPH, WAM
         

    3170

    RELATING TO PETROLEUM PRODUCTS.

    (Petroleum Industry Reporting; Ethanol Content in Gasoline) (ECD, WAM)

    ECD/CPH, WAM
         

    3183

    RELATING TO HAWAII HEALTH SYSTEMS CORPORATION.

    (Direct Patient Care Services; Hawaii Health Systems Corporation) (HTH/HMS, WAM)

    HTH, WAM
         

    3235

    RELATING TO CRYSTAL METHAMPHETAMINE.

    (Tobacco tax; Crystal methamphetamine prevention and treatment) (HMS/HTH, WAM)

    HTH/HMS, WAM
         

    3236

    RELATING TO CRYSTAL METHAMPHETAMINE.

    (Tobacco settlement money; Crystal methamphetamine treatment and prevention) (HMS/HTH, WAM)

    HTH/HMS, WAM
         
         
  9. Miscellaneous Communications: No(s). 4-7

    10. M.C. NO.

    TITLE

    REFERRAL
         

    4

    From the City and County of Honolulu Police Department dated December 17, 2003, transmitting its 2003 Annual Report, pursuant to 52D-3.5, HRS.

    FILE
         

    5

    From the County of Hawaii Police Department dated December 10, 2003, transmitting the 2003 Annual Misconduct Report, pursuant to Section 92F-14, HRS.

    FILE
         

    6

    From the County of Maui Police Department dated December 31, 2003, transmitting its Standard of Conduct Report for 2003.

    FILE
         

    7

    From the County of Maui Police Department dated January 5, 2004, transmitting its summary of incidents and violations which resulted in the suspension or discharge of Police Officers for 2003, pursuant to Act 242, SLH 1995.

    FILE
         
         

     

  10. Miscellaneous Business
  11. Announcements
  12. Adjournment