THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2004

 

FIFTY-SECOND DAY

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

 

 

ORDER OF BUSINESS

Invocation by Reverend Yoshiaki Fujitani

Bukkyo Dendo Kyokai Sudatta Society

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: None
  2. Departmental Communications: None
  3. House Communications: No(s).: 631-633
    4.  

    Informing the Senate that on April 21, 2004, the House made changes to conferee assignments to the following bill(s):

    REFERRAL
         

    631

    H.B. No. 1856, H.D. 1, S.D. 1

    "RELATING TO THE UNIVERSITY OF HAWAII."(UH; Hawaii Student Caucus; Appropriation)

    Added Representative Takamine as Second Co-Chair.

    FILE
         
     

    S.B. No. 2405, S.D. 1, H.D. 1

    "RELATING TO SOLID WASTE DISPOSAL."(Solid Waste; Disposal)

    Discharged Representative B. Oshiro as Second Co-Chair.

    Added Representative Hamakawa as Second Co-Chair.

    		  
         
         
     

    Informing the Senate that on April 21, 2004, the House made changes to conferee assignments to the following bill(s):

    		  
         

    632

    S.B. No. 2541, S.D. 1, H.D. 1

    "MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS FOR PUBLIC EMPLOYEES."(Salary Increases; Bargaining Unit (13))

    Added Representative M. Oshiro as First Co-Chair.

    FILE
         
     

    S.B. No. 2542, S.D. 1, H.D. 1

    "MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS FOR PUBLIC EMPLOYEES."(Salary Increases; Bargaining Units (2), (3), (4), (6), (8), and (13))

    Added Representative M. Oshiro as First Co-Chair.

    		  
         
     

    S.B. No. 2543, S.D. 1, H.D. 1

    "MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS FOR PUBLIC EMPLOYEES."(Salary Increases; Bargaining Unit (2))

    Added Representative M. Oshiro as First Co-Chair.

    		  
         
     

    S.B. No. 2544, S.D. 1, H.D. 1

    "MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS FOR PUBLIC EMPLOYEES."(Salary Increases; Bargaining Unit (3))

    Added Representative M. Oshiro as First Co-Chair.

    		  
         
     

    S.B. No. 2545, S.D. 1, H.D. 1

    "MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS FOR PUBLIC EMPLOYEES."(Salary Increases; Bargaining Unit (4))

    Added Representative M. Oshiro as First Co-Chair.

    		  
         
     

    S.B. No. 2546, S.D. 1, H.D. 1

    "MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS FOR PUBLIC EMPLOYEES."(Salary Increases; Bargaining Unit (6))

    Added Representative M. Oshiro as First Co-Chair.

    		  
         
     

    S.B. No. 2547, S.D. 1, H.D. 1

    "MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS FOR PUBLIC EMPLOYEES."(Salary Increases; Bargaining Unit (8))

    Added Representative M. Oshiro as First Co-Chair.

    		  
         
     

    S.B. No. 2549, S.D. 1, H.D. 1

    "MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS."(Collective Bargaining Cost Items; Unit 1; Appropriation)

    Added Representative M. Oshiro as First Co-Chair.

    		  
         
     

    S.B. No. 2550, H.D. 1

    "MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS."(Collective Bargaining Cost Items; Appropriation; Unit 5)

    Added Representative M. Oshiro as First Co-Chair.

    		  
         
     

    S.B. No. 2551, H.D. 1

    "MAKING AN APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS."(Collective Bargaining Cost Items; Unit 7; Appropriation)

    Added Representative M. Oshiro as First Co-Chair.

    		  
         
     

    S.B. No. 2556, H.D. 1

    "RELATING TO STATE OFFICERS AND EMPLOYEES EXCLUDED FROM COLLECTIVE BARGAINING AND MAKING APPROPRIATIONS AND OTHER ADJUSTMENTS."(Legislative agencies; salary increases; cost adjustments)

    Added Representative M. Oshiro as First Co-Chair.

    		  
         
     

    S.B. No. 3052, S.D. 2, H.D. 2

    "RELATING TO IMPORTANT AGRICULTURAL LANDS."(Important Agricultural Lands; Identification)

    Discharged Representative Nakasone as a member.

    Added Representative Waters as a member.

    		  
         
     

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

    "RELATING TO THE COMPENSATION OF OFFICIALS IN THE LEGISLATIVE SERVICE AGENCIES."(Legislative Officers; Salaries)

    Added Representative M. Oshiro as Second Co-Chair.

    		  
         
         
     

    Informing the Senate that on April 21, 2004, the House reconsidered its action in disagreeing to the amendments made by the Senate and has agreed to the amendments to the following bill:

    		  
         

    633

    H.B. No. 1743, H.D. 2, S.D. 2

    "RELATING TO LIGHT POLLUTION."(Artificial Light on Ocean Waters)

    FILE
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Conference Committee Report No(s).: 12-04

    7. 12-04

    (48 Hrs. Notice)

    H.B. No. 1840, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO AIR POLLUTION CONTROL."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       
       
  7. Standing Committee Report No(s).: 3451-3459

    8. 3451

    (One Day Notice)

    (WAM)

    H.B. No. 1919, H.D. 1

    "RELATING TO PUBLIC EMPLOYEES."

    (Recommends passage on Third Reading)
         
         

    3452

    (One Day Notice)

    (WAM)

    H.B. No. 2446

    "MAKING AN EMERGENCY APPROPRIATION FOR COLLECTIVE BARGAINING INCREASES."

    (Recommends passage on Third Reading)
         
         

    3453

    (One Day Notice)

    (WAM)

    H.B. No. 2466

    "MAKING AN EMERGENCY APPROPRIATION FOR THE STATE WORKERS' COMPENSATION PROGRAM."

    (Recommends passage on Third Reading)
         
         

    3454

    (One Day Notice)

    (WAM)

    H.B. No. 2293

    "RELATING TO INTERSTATE ADULT OFFENDER SUPERVISION."

    (Recommends passage on Third Reading)
         
         

    3455

    (One Day Notice)

    (WAM)

    H.B. No. 2294

    "RELATING TO FEES FOR ADMINISTRATIVE COSTS IN TRAFFIC CASES."

    (Recommends passage on Third Reading)
         
         

    3456

    (One Day Notice)

    (WAM)

    H.B. No. 2295, H.D. 1

    "RELATING TO COLLECTIONS ON DELINQUENT COURT-ORDERED PAYMENTS."

    (Recommends passage on Third Reading)
         
         

    3457

    (One Day Notice)

    (WAM)

    H.B. No. 2296, H.D. 1

    "RELATING TO THE USE OF CREDIT AND DEBIT CARDS."

    (Recommends passage on Third Reading)
         
         

    3458

    (One Day Notice)

    (WAM)

    H.B. No. 2354

    "MAKING AN EMERGENCY APPROPRIATION TO RISK MANAGEMENT."

    (Recommends passage on Third Reading)
         
         

    3459

    (One Day Notice)

    (WAM)

    H.B. No. 2439

    "RELATING TO CIVIL DEFENSE SIRENS."

    (Recommends passage on Third Reading)
         
         
         

    ORDER OF THE DAY

  8. Deferred Matters - Advise and Consent

    9. 3438

    WLA

    G.M. No. 156

    "Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee KYONG-SU IM, for a term to expire 06-30-07"
         
         

    3439

    WLA

    G.M. No. 167

    "Submitting for consideration and confirmation to the Commission on Water Resource Management, Gubernatorial Nominee JAMES A. FRAZIER, for a term to expire 06-30-07"
         
         

    3440

    WLA

    G.M. No. 170

    "Submitting for consideration and confirmation to the Board of Directors of the Agribusiness Development Corporation, Gubernatorial Nominee TEENA M. RASMUSSEN, for a term to expire 06-30-05"
         
         

    3441

    WLA

    G.M. No. 251

    "Submitting for consideration and confirmation to the Kaneohe Bay Regional Council, Gubernatorial Nominee KEOKI A. LEONG, for a term to expire 06-30-05"
         
         

    3442

    WLA

    G.M. No. 340

    "Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee JO-ANNA NAKATA, for a term to expire 06-30-07"
         
         

    3442

    WLA

    G.M. No. 341

    "Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee CYNTHIA K.L. REZENTES, for a term to expire 06-30-07"
         
         

    3443

    WLA

    G.M. No. 375

    "Submitting for consideration and confirmation to the Board of Agriculture, Gubernatorial Nominee ALAN H. GOTTLIEB, for a term to expire 06-30-05."
         
         

    3444

    WLA

    G.M. No. 401

    "Submitting for consideration and confirmation to the Natural Area Reserve System Commission, Gubernatorial Nominee DALE B. BONAR, for a term to expire 06-30-08."
         
         

    3444

    WLA

    G.M. No. 402

    "Submitting for consideration and confirmation to the Natural Area Reserve System Commission, Gubernatorial Nominee RICHARD F. HUGHES PH.D., for a term to expire 06-30-08."
         
         

    3444

    WLA

    G.M. No. 403

    "Submitting for consideration and confirmation to the Natural Area Reserve System Commission, Gubernatorial Nominee LLOYD LEE LOOPE, for a term to expire 06-30-08."
         
         

    3445

    HTH

    G.M. No. 388

    "Submitting for consideration and confirmation to the Health Planning Council, Honolulu Subarea, Gubernatorial Nominee JOAN DOBBS PH.D., C.N.S., for a term to expire 06-30-08."
         
         
         

    3447

    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"
         
         

    3448

    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."
         
         

    3448

    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."
         
         

    3448

    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."
         
         

    3449

    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."
         
         

    3450

    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"
         
         

    3450

    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."
         
         
         
  9. Final Reading

    10. S.B. No. 1362, S.D. 3, H.D. 2

    "RELATING TO MENTAL HEALTH." - (HTH, JHW)

    (Department of Health; Mental Health)
       
       

    S.B. No. 2897, S.D. 2, H.D. 2

    "RELATING TO THE DENTAL EXAMINATION." - (HTH, CPH)

    (Dental Examination)
       
  10. Adopt Resolution

    11. 3446

    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)
         
         

     

     

     

     

     

     

  11. Re-Referrals

    12. RE-REFERRALS FOR THURSDAY, APRIL 22, 2004
         

    G.M. NO.

    TITLE

    RE-REFERRAL
         

    476

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

    (Hawai`i Community Development Authority) (ECD)

    WLA
         
         

     

  12. Miscellaneous Communications: None
  13. Miscellaneous Business

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

    S.B. No. 2009, SD1, HD1

    CPH

    RELATING TO CONDOMINIUM PROPERTY REGIMES.

     

     

    Motion to Reconsider Disagreement to House Amendments; One Day Notice for Final Adoption

    S.C.R. No. 30, HD1

    ECD/TMG

    ENDORSING AND SUPPORTING THE SPIRIT OF HAWAII GOODWILL AND FRIENDSHIP COASTAL KOREA VISIT AND URGING THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA TO SUPPORT JAE KWON LEE AND JONATHAN COWLES ON THEIR JOURNEY TO NORTH KOREA.

     

  14. Announcements

    15. Committee Hearing Schedule:

    COMMITTEE

    DATE

    TIME

    ROOM

    TSM

    Hearing

    Thursday, 04/22

    1:15PM

    212

    WLA / ECD

    Hearing

    Thursday, 04/22

    1:30PM

    229

    HTH

    Hearing

    Thursday, 04/22

    2:00PM

    229

    HTH

    Decision Making

    HTH / HMS / TMG

    Hearing

    Thursday, 04/22

    2:30PM

    229

    HTH / HMS

    EDU / HTH

    Hearing

    Thursday, 04/22

    2:30PM

    229

    EDU / HTH

    Decision Making

    Thursday, 04/22

    2:30PM

    229

    HTH / HMS / EDU

    ENE

    Hearing

    Friday, 04/23

    8:00AM

    212

    ENE / WLA

    Hearing

    Friday, 04/23

    8:30AM

    212

    ECD / TMG

    Hearing

    Friday, 04/23

    9:30AM

    224

    SAT / TMG

    Hearing

    Friday, 04/23

    9:30AM

    224

    SAT / WLA

    SAT

     

  15. Adjournment