THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2004

 

FIFTY-FIRST DAY

April 21, 2004-Wednesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Senator Bob Hogue

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s).: 475-480

    2. G.M. NO.

    TITLE

    REFERRAL
         

    475

    Dated March 23, 2004, transmitting a report prepared by the Department of Health, pursuant to Act 200, Section 21, SLH 2003, requiring the Department of Health to prepare a detailed progress report on the Healthy Hawaii Initiative and to identify the impact on any aspect of the Healthy Hawaii Initiative success due to the reallocation of funds from the tobacco settlement fund to the healthy start purchase of service contracts.

    FILE
         

    476

    Submitting for consideration and confirmation to the Hawai`i Community Development Authority (HCDA), Gubernatorial Nominee, WARREN F. WEGESEND, JR., for a term to expire 06-30-07.

    ECD
         

    477

    Informing the Senate that on April 19, 2004, the Governor signed the following bill into law: SB3172, SD1 (Act 7).

    FILE
         

    478

    Informing the Senate that on April 19, 2004, the Governor signed the following bill into law: SB2902, SD2 (Act 8).

    FILE
         

    479

    Informing the Senate that on April 19, 2004, the Governor signed the following bill into law: SB2394, SD1 (Act 9).

    FILE
         

    480

    Informing the Senate that on April 19, 2004, the Governor signed the following bill into law: SB2278 (Act 10).

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: No(s).: 625-630
    4.  

    Informing the Senate that on April 19, 2004, the following Senate Concurrent Resolution was adopted in the House:

    REFERRAL
         

    625

    S.C.R. No. 9, S.D. 1, H.D. 1

    "SUBMITTING TO THE LEGISLATURE OF THE STATE OF HAWAII FOR REVIEW OF ACTION TAKEN BY THE BOARD OF LAND AND NATURAL RESOURCES ON LAND EXCHANGES."

    AGREE/DISAGREE
         
         
     

    Informing the Senate that on April 19, 2004, the, the Speaker has this day appointed Conferee(s) on the part of the House for the consideration of amendments proposed by the House to the following Senate Bill(s):

    		  
         

    626

    SEE ATTACHED LETTER

    FILE
         
         
     

    Informing the Senate that on April 19, 2004, the House made changes to conferee assignments the following bill(s):

    		  
         

    627

    H.B. No. 189, H.D. 2, S.D. 2

    "RELATING TO EMERGENCY CONTRACEPTIVES FOR SEX ASSAULT SURVIVORS IN EMERGENCY ROOMS."(Sexual Assault; Emergency Contraceptives; Training; Enforcement)

    Added Representative Lee as a member.

    FILE
         
     

    H.B. No. 1004, H.D. 1, S.D. 1

    "RELATING TO DISPOSITION OF CONVICTED DEFENDANTS."(First-time Drug Offenses; Re-Sentencing; Other Minor Offenses; Expungement)

    Added Representative Pendleton as a member.

    		  
         
     

    H.B. No. 1259, H.D. 1, S.D. 1

    "RELATING TO THE UNIFORM COMMERCIAL CODE."(Uniform Commercial Code; Article 1; Revised)

    Added Representative Thielen as a member.

    		  
         
     

    H.B. No. 1261, H.D. 2, S.D. 1

    "RELATING TO PUBLIC SAFETY."(Public Officials; Protection for Immediate Family)

    Added Representative Moses as a member.

    		  
         
     

    H.B. No. 1335, H.D. 3, S.D. 2

    "RELATING TO TUITION WAIVERS."(University of Hawaii; Tuition Waivers; Hawaiian Students)

    Added Representative Leong as a member.

    		  
         
     

    H.B. No. 1374, H.D. 2, S.D. 2

    "RELATING TO WORKERS' COMPENSATION."(Workers' Compensation)

    Added Representative Blundell as a member.

    		  
         
     

    H.B. No. 1560, H.D. 1, S.D. 1

    "RELATING TO DISPOSITION OF VESSELS BY THE DEPARTMENT OF LAND AND NATURAL RESOURCES."(Department of Land and Natural Resources)

    Added Representative Jernigan as a member.

    		  
         
     

    H.B. No. 1590, H.D. 2, S.D. 2

    "RELATING TO VETERANS' RIGHTS AND BENEFITS."(Filipino American Veterans; Burial; Appropriation)

    Added Representative Pendleton as a member.

    		  
         
     

    H.B. No. 1634, H.D. 1, S.D. 1

    "RELATING TO SPECIAL PURPOSE REVENUE BONDS."(Jacoby Development, Inc.; SPRBs; Processing; Waste-to-Energy)

    Added Representative Meyer as a member.

    		  
         
     

    H.B. No. 1774, H.D. 2, S.D. 2

    "RELATING TO UNEMPLOYMENT BENEFITS."(Unemployment Insurance; Weekly Benefits)

    Added Representative Bukoski as a member.

    		  
         
     

    H.B. No. 2022, H.D. 2, S.D. 1

    "RELATING TO GENERAL ASSISTANCE."(General Assistance)

    Discharged Representative Nishimoto as a member.

    Added Representative Shimabukuro as a member.

    		  
         
     

    H.B. No. 2136, H.D. 1, S.D. 1

    "RELATING TO PROCUREMENT."(Procurement Code; AG Waiver; Exemptions Repealed)

    Discharged Representative Hamakawa as a Second Co-Chair.

    Discharged Representative Herkes as a member.

    Added Representative Herkes as Second Co-Chair.

    Added Representative Magaoay as a member.

    		  
         
     

    H.B. No. 2814, H.D. 2, S.D. 1

    "RELATING TO KALAUPAPA SETTLEMENT."(Kalaupapa Settlement)

    Added Representative Kaho`ohalahala as a member.

    		  
         
     

    H.B. No. 2815, S.D. 1

    "RELATING TO EDUCATION."(Education; GO Bonds; Qualified Zone Academy Bonds)

    Added Representative Kaho`ohalahala as a member.

    		  
         
     

    H.B. No. 2883, H.D. 2, S.D. 2

    "RELATING TO WIRELESS ENHANCED 911 SERVICE."(Telecommunications; 911)

    Discharged Representative Hiraki as Second Co-Chair.

    Added Representative Herkes as Second Co-Chair.

    		  
         
     

    S.B. No. 2302, S.D. 2, H.D. 1

    "RELATING TO THE FILIPINO CENTENNIAL CELEBRATION COMMISSION."(Filipino Centennial Celebration)

    Added Representative Abinsay as a member.

    		  
         
         
     

    Informing the Senate that on April 19, 2004, the House made changes to conferee assignments the following bill(s):

    		  
         

    628

    H.B. No. 1839, H.D. 2, S.D. 2

    "RELATING TO PAIN PATIENT'S BILL OF RIGHTS."(Pain Patient's Bill of Rights)

    Discharged Representative Hiraki as Second Co-Chair.

    Added Representative Herkes as Second Co-Chair.

    FILE
         
     

    H.B. No. 1987, H.D. 1, S.D. 1

    "RELATING TO MOTOR VEHICLES."(Motor Vehicle Sun Screening Devices)

    Discharged Representative Hiraki as Second Co-Chair.

    Added Representative Herkes as Second Co-Chair.

    		  
         
     

    H.B. No. 2005, H.D. 1, S.D. 1

    "RELATING TO PRESCRIPTION DRUGS."(Prescription Drugs; Return, Credit, Reuse; Drug Repository)

    Discharged Representative Hiraki as Second Co-Chair.

    Added Representative Herkes as Second Co-Chair.

    		  
         
     

    H.B. No. 2048, H.D. 1, S.D. 1

    "RELATING TO NET ENERGY METERING."(Net Energy Metering; Govt. Entity; Increased Capacity)

    Added Representative Chang as a member.

    		  
         
     

    H.B. No. 2049, H.D. 1, S.D. 2

    "RELATING TO ENERGY."(Energy Performance Contracts; Financing Options)

    Added Representative Chang as a member

    		  
         
     

    H.B. No. 2092, H.D. 2, S.D. 2

    "RELATING TO MEDICINE AND SURGERY."(Physician Licensing; Canadian Residency Training & Exam)

    Discharged Representative Hiraki as Second Co-Chair.

    Added Representative Herkes as Second Co-Chair.

    		  
         
     

    H.B. No. 2098, H.D. 1, S.D. 2

    "RELATING TO MEDICAL RECORDS."(Release of Medical Records of Deceased Person; Next of Kin)

    Discharged Representative Hiraki as Second Co-Chair.

    Added Representative Herkes as Second Co-Chair.

    		  
         
     

    H.B. No. 2136, H.D. 1, S.D. 1

    "RELATING TO PROCUREMENT."(Procurement Code; AG Waiver; Exemptions Repealed)

    Discharged Representative Nakasone as First Co-Chair.

    Discharged Representative Magaoay as a member.

    Added Representative Magaoay as First Co-Chair.

    Added Representative Nakasone as a member.

    		  
         
     

    H.B. No. 2408, H.D. 2, S.D. 1

    "RELATING TO INSURANCE."(Health Insurance; Association Health Plan)

    Discharged Representative Hiraki as Third Co-Chair.

    Added Representative Herkes as Third Co-Chair.

    		  
         
     

    S.B. No. 2779, S.D. 2, H.D. 1

    "RELATING TO TRADITIONAL HAWAIIAN HEALING PRACTICES."(Traditional Hawaiian Healing Practices)

    Discharged Representative Hiraki as Third Co-Chair.

    Added Representative Herkes as Third Co-Chair.

    		  
         
         
     

    Informing the Senate that on April 19, 2004, the House made changes to conferee assignments the following bill(s):

    		  
         

    629

    S.B. No. 2474, S.D. 3, H.D. 2

    "RELATING TO RENEWABLE ENERGY."(Renewable Energy; Renewable Portfolio Standards; PUC Study)

    Discharged Representatives Morita/Hiraki as Co-Chairs.

    Discharged Representative Herkes, Thielen as members.

    FILE
         
         
     

    Informing the Senate that on April 19, 2004, the Speaker has this day appointed Conferee(s) on the part of the House for the consideration of amendments proposed by the Senate to the following House Bill(s):

    		  
         

    630

    H.B. No. 1103, H.D. 2, S.D. 1

    "RELATING TO PROCUREMENT."(Public Works; Wages and Hours)

    Representatives Hiraki/Nakasone, Co-Chairs; Herkes, Marumoto

    FILE
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Standing Committee Report No(s).: 3446-3450

    7. 3446

    (One Day Notice)

    (JHW)

    S.R. No. 113, S.D. 2

    "REQUESTING THE AUDITOR TO CONDUCT A MANAGEMENT AND EFFECTIVENESS AUDIT OF THE UNIVERSITY OF HAWAI`I'S EFFORTS TO RECRUIT AND RETAIN NATIVE HAWAIIAN AND HAWAIIAN STUDENTS AT THE UNIVERSITY OF HAWAI`I AND TO ESTABLISH A BASELINE FOR EVALUATION OF IMPROVEMENTS IN PROGRAMMING IN THE FUTURE, AND FURTHER REQUESTING THE CHANCELLORS OF THE UNIVERSITY OF HAWAI`I TO FORM TASK FORCES TO EVALUATE THE RESULTS OF THE AUDIT AND PLAN FOR THE IMPROVEMENT OF SERVICES TO RECRUIT AND RETAIN NATIVE HAWAIIAN AND HAWAIIAN STUDENTS." (AMENDED TITLE)

    (Recommends Adoption)
         
         

    3447

    (One Day Notice)

    (SAT)

    G.M. No. 246

    "Submitting for consideration and confirmation to the Hawai`i Historic Places Review Board, Gubernatorial Nominee JOYCE NAOMI CHINEN, PhD, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    3448

    (One Day Notice)

    (SAT)

    G.M. No. 395

    "Submitting for consideration and confirmation to the Island Burial Council, Island of Kaua`i and Ni`ihau, Gubernatorial Nominee DONNA A`ANA-NAKAHARA, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    3448

    (One Day Notice)

    (SAT)

    G.M. No. 396

    "Submitting for consideration and confirmation to the Island Burial Council, Island of Kaua`i and Ni`ihau, Gubernatorial Nominee BARBARA J. SAY, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    3448

    (One Day Notice)

    (SAT)

    G.M. No. 397

    "Submitting for consideration and confirmation to the Island Burial Council, Island of Kaua`i and Ni`ihau, Gubernatorial Nominee HENRIETTA ESTHER KULAMANU THAXTON, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    3449

    (One Day Notice)

    (SAT)

    G.M. No. 398

    "Submitting for consideration and confirmation to the Island Burial Council, Island of Maui and Lanai, Gubernatorial Nominee MEI LEE WONG, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         

    3450

    (One Day Notice)

    (SAT)

    G.M. No. 399

    "Submitting for consideration and confirmation to the Island Burial Council, Island of Oahu, Gubernatorial Nominee CY M. BRIDGES, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)
         
         

    3450

    (One Day Notice)

    (SAT)

    G.M. No. 400

    "Submitting for consideration and confirmation to the Island Burial Council, Island of Oahu, Gubernatorial Nominee KALEI S. KINI, for a term to expire 06-30-07."

    (Recommends Senate Consent to Nomination)
         
         
         

    ORDER OF THE DAY
  7. Re-Referrals

    8. RE-REFERRALS FOR WEDNESDAY, APRIL 21, 2004
         

    H.C.R. NO.

    TITLE

    RE-REFERRAL
         

    152, H.D. 2

    REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY ON HOW MEDICAL MARIJUANA PLANTS AND PRODUCTS MAY BE PROCURED AND DISTRIBUTED TO PATIENTS REGISTERED WITH THE MEDICAL MARIJUANA PROGRAM.

    (Medical Marijuana) (HTH/JHW)

    HTH
         

    156, H.D. 1

    REQUESTING THE DEPARTMENT OF HEALTH TO CONVENE A WORKING GROUP TO EVALUATE AND RECOMMEND POSSIBLE STATUTORY AND OTHER CHANGES TO STREAMLINE AND EXPEDITE MENTAL HEALTH TREATMENT TO PERSONS COMMITTED TO STATE-OPERATED OR -CONTRACTED FACILITIES.

    (DOH; Mental Health Treatment; Working Group) (HTH)

    HTH
         
         
  8. Miscellaneous Communications: None
  9. Miscellaneous Business

    10. Motion to Reconsider Disagreement to House Amendments; One Day Notice for Final Reading

    SB 1362, SD3, HD2

    HTH, JHW

    RELATING TO MENTAL HEALTH

    SB 2897, SD2, HD2

    HTH, CPH

    RELATING TO THE DENTAL EXAMINATION.
  10. Announcements

    11. Committee Hearing Schedule:

    COMMITTEE

    DATE

    TIME

    ROOM

    TMG

    Hearing

    Wednesday, 04/21

    2:45PM

    224

    CPH / ECD / HMS

    Hearing

    Thursday, 04/22

    8:30AM

    016

    CPH / HMS

    CPH

    WLA

    Hearing

    Thursday, 04/22

    9:30AM

    212

     

  11. Adjournment