THE SENATE
OF THE
TWENTY-SECOND LEGISLATURE
STATE OF HAWAII
REGULAR SESSION OF 2004
FIFTY-FOURTH DAY
April 26, 2004-Monday-11:30 O'CLOCK A.M.
ORDER OF BUSINESS
Invocation by Pastor Russell Takaezu
Calvary Chapel
Roll Call
Approval of the Journal
Introductions
G.M. NO. |
TITLE |
REFERRAL |
490 |
Informing the Senate that on April 23, 2004, the Governor signed the following bill into law: HB2378 (Act 16). |
FILE |
491 |
Informing the Senate that on April 23, 2004, the Governor signed the following bill into law: HB2685 (Act 17). |
FILE |
492 |
Informing the Senate that on April 23, 2004, the Governor signed the following bill into law: HB2689 (Act 18). |
FILE |
493 |
Informing the Senate that on April 26, 2004, the Governor signed the following bill into law: HB2198, HD1 (Act 19). |
FILE |
Informing the Senate that on April 23, 2004, the following Senate Concurrent Resolutions were adopted in the House: |
REFERRAL |
|
636 |
S.C.R. No. 17, H.D. 1 "URGING THE SETTING OF AN EXAMPLE TO OUR CHILDREN AND OUT-OF-STATE VISITORS BY DESIGNATING ALL AREAS OF THE STATE CAPITOL SMOKE-FREE."(Smoke-Free Capitol) |
AGREE/DISAGREE |
637 |
S.C.R. No. 64, S.D. 1, H.D. 1 "REQUESTING THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION TO WORK WITH THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO ENSURE THAT THE HAWAIIAN SPINNER DOLPHIN POPULATION ARE MANAGED AND PROTECTED IN A MANNER THAT IS CONSISTENT WITH THE UNITED STATES MARINE MAMMAL PROTECTION ACT."(Management Plan by DNLR for Spinner Dolphins) |
AGREE/DISAGREE |
638 |
S.C.R. No. 75 "URGING THE GOVERNOR, DEPARTMENT OF HEALTH, DEPARTMENT OF HUMAN SERVICES, AND UNIVERSITY OF HAWAII TO RECOGNIZE THE IMPORTANCE OF THE CONTRIBUTIONS OF FAMILY CAREGIVERS AND TO SUPPORT THEM IN SERVING THE STATE'S LONG-TERM CARE NEEDS."(IMPORTANCE OF THE CONTRIBUTIONS OF FAMILY CAREGIVERS) |
FILE |
Informing the Senate that on April 23, 2004, the House reconsidered its action in disagreeing to the amendments proposed by the Senate to the following House bills: |
||
639 |
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) |
FILE |
H.B. No. 2048, H.D. 1, S.D. 1 "RELATING TO NET ENERGY METERING."(Net Energy Metering; Govt. Entity; Increased Capacity) |
||
H.B. No. 2292, H.D. 1, S.D. 1 "RELATING TO FEES FOR ELECTRONIC FILING, SIGNING, SERVING, CERTIFICATION, AND VERIFICATION OF COURT DOCUMENTS."(Court Documents; Fees; Judiciary Computer System Special Fund) |
||
H.B. No. 2385, H.D. 1, S.D. 1 "RELATING TO ACCESS TO VITAL STATISTICS RECORDS BY CHILD SUPPORT ENFORCEMENT AGENCIES."(Vital Statistics Records; Child Support Enforcement Agencies) |
||
H.B. No. 2798, H.D. 1, S.D. 2 "RELATING TO THE PRACTICE OF PHARMACY."(Pharmacy; Scope of Practice; Intranasal Delivery of Vaccines) |
||
H.B. No. 2859, H.D. 2, S.D. 2 "RELATING TO THE DEVELOPMENT OF AN INTERNATIONAL EQUESTRIAN FACILITY."(International Equestrian Facility) |
||
|
||
Informing the Senate that on April 23, 2004, the House reconsidered its action in disagreeing to the amendments proposed by the Senate to the following House bill: |
||
640 |
H.B. No. 2789, H.D. 1, S.D. 1 "RELATING TO SEXUAL ASSAULT."(Crimes; Sexual Assault of a Minor) |
FILE |
Informing the Senate that on April 23, 2004, the House reconsidered its action in disagreeing to the amendments made by the Senate and has agreed to the amendments. The House further informs the Senate that said resolution(s) have been adopted in final form in the House: |
||
641 |
H.C.R. No. 50, H.D. 1, S.D. 1 "DESIGNATING THE HAWAII CAPITAL CULTURAL DISTRICT AND ENCOURAGING THE MAXIMUM INVOLVEMENT AND SUPPORT OF ALL PUBLIC AND PRIVATE ORGANIZATIONS TO COLLABORATE WITH THE STATE FOUNDATION ON CULTURE AND THE ARTS TO SUSTAIN AND PROMOTE CULTURE AND THE ARTS IN HAWAII."(Hawaii capital cultural district (HD1)) |
FILE |
Informing the Senate that on April 23, 2004, the House made changes to conferee assignments to the following bill(s): |
||
642 |
S.B. No. 3156, S.D. 1, H.D. 1 "RELATING TO EMERGENCY MEDICAL SERVICES."(Emergency Medical Services; Professional Development Training) Added Representative Hamakawa as Third Co-Chair. |
FILE |
Informing the Senate that on April 23, 2004, the House made changes to conferee assignments to the following bill(s): |
||
643 |
S.B. No. 3156, S.D. 1, H.D. 1 "RELATING TO EMERGENCY MEDICAL SERVICES."(Emergency Medical Services; Professional Development Training) Added Representative Arakaki as Second Co-Chair. |
FILE |
15-04 (48 Hrs. Notice) |
H.B. No. 2578, H.D. 1, S.D. 2, C.D. 1 "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST HONOLULU SEAWATER AIR CONDITIONING LLC PROJECTS ON THE ISLAND OF OAHU." (Recommends passage on FINAL READING as amended C.D. 1) |
16-04 (48 Hrs. Notice) |
H.B. No. 2322, H.D. 1, S.D. 2, C.D. 1 "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST PROCESSING ENTERPRISES." (Recommends passage on FINAL READING as amended C.D. 1) |
17-04 (48 Hrs. Notice) |
H.B. No. 1828, H.D. 1, S.D. 1, C.D. 1 "RELATING TO PUBLIC ORDER." (Recommends passage on FINAL READING as amended C.D. 1) |
18-04 (48 Hrs. Notice) |
H.B. No. 2022, H.D. 2, S.D. 1, C.D. 1 "RELATING TO GENERAL ASSISTANCE." (Recommends passage on FINAL READING as amended C.D. 1) |
19-04 (48 Hrs. Notice) |
S.B. No. 3207, S.D. 2, H.D. 2, C.D. 1 "RELATING TO ETHANOL TAX CREDIT." (Recommends passage on FINAL READING as amended C.D. 1) |
3462 |
(HTH) |
H.C.R. No. 141 "REQUESTING THE DEPARTMENT OF HEALTH TO ESTABLISH A COORDINATED STATEWIDE EFFORT TO ADDRESS FETAL ALCOHOL SPECTRUM DISORDER." (Recommends Adoption) |
3463 |
(HTH) |
H.C.R. No. 150 "SUPPORTING AND ENCOURAGING NATIONAL, STATE, AND LOCAL EFFORTS TO SECURE ACCESS AND REMOVE BARRIERS TO HEALTH CARE FOR MEN AND THEIR FAMILY MEMBERS." (Recommends Adoption) |
3464 |
(HMS/HTH) |
H.C.R. No. 211 "REQUESTING THAT THE DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES SEARCH FOR SURPLUS PROPERTY WITHIN THE STATE SYSTEM THAT COULD BE LEASED TO SUBSTANCE ABUSE TREATMENT PROGRAMS TO ASSIST IN THE TREATMENT OF RECOVERING ADDICTS AND THAT THE DEPARTMENT OF HEALTH AND DEPARTMENT OF HUMAN SERVICES LOOK FOR AVAILABLE FEDERAL MONIES AND OTHER GRANTS TO HELP DEVELOP HOUSING FACILITIES FOR THESE TREATMENT PROGRAMS." (Recommends Adoption) |
3465 |
(WLA) |
H.C.R. No. 124, H.D. 1 "AUTHORIZING THE ISSUANCE OF A LEASE OF WATER RIGHTS FOR THE USE OF THE "BLUE HOLE" DIVERSION AND PORTIONS OF A WATER TRANSMISSION SYSTEM LOCATED IN THE WAILUA SECTION OF THE LIHUE-KOLOA FOREST RESERVE FOR HYDROPOWER PRODUCTION PURPOSES." (Recommends Adoption) |
3466 |
(WLA) |
H.C.R. No. 255, H.D. 1 "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND CITY & COUNTY OF HONOLULU TO ASSIST HOMEOWNERS IN PREVENTING FURTHER EROSION ALONG HEEIA, KEAAHALA/KEOLAA, KAWA, AND KANEOHE STREAMS ON OAHU." (Recommends Adoption) |
3467 |
(WLA/ECD) |
H.C.R. No. 260 "REQUESTING AN AGRIBUSINESS INCUBATOR IN WAIALUA." (Recommends Adoption) |
3468 |
(CPH) |
H.C.R. No. 90, H.D. 1 "REQUESTING THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF MONEY TRANSMITTERS." (Recommends Adoption) |
3469 |
(CPH/ECD/HMS) |
H.C.R. No. 123, H.D. 1 "REQUESTING THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII TO MAKE FINANCING TOOLS AVAILABLE TO ASSIST PRIVATE DEVELOPERS IN PURCHASING RENTAL PROPERTIES." (AMENDED TITLE) (Recommends Adoption) |
3470 |
(CPH/HMS) |
H.C.R. No. 214 "REQUESTING THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII TO EXPLORE HOME OWNERSHIP OPTIONS AND STUDY THE FEASIBILITY OF IMPLEMENTING A HOUSING DEMONSTRATION PROJECT AT HAUIKI HOMES AND OTHER STATE-OWNED AND OPERATED HOUSING PROJECTS." (Recommends Adoption) |
3471 |
(HTH/HMS) |
H.C.R. No. 103, H.D. 1 "REQUESTING THE DEPARTMENT OF HEALTH AND DEPARTMENT OF HUMAN SERVICES TO EXAMINE THE FEDERAL INDEPENDENCE PLUS INITIATIVE TO DETERMINE IF HAWAII CAN BENEFIT FROM APPLYING FOR AND OBTAINING A WAIVER OR WAIVERS TO PROVIDE INDIVIDUALS WITH DISABILITIES WITH SERVICES IN THE COMMUNITY." (AMENDED TITLE) (Recommends Adoption) |
3472 |
(HTH) |
H.C.R. No. 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." (Recommends Adoption) |
3473 |
(HTH/HMS) |
H.C.R. No. 154 "REQUESTING THE EXECUTIVE OFFICE ON AGING TO PROVIDE DATA ON HAWAII'S FAMILY CAREGIVERS AND THE OLDER ADULTS TO WHOM THEY PROVIDE ASSISTANCE." (Recommends Adoption) |
3474 |
(HTH/CPH) |
H.C.R. No. 138, H.D. 1, S.D. 1 "REQUESTING THE DEPARTMENT OF HEALTH AND THE INSURANCE COMMISSIONER TO REVIEW REIMBURSEMENT LEVELS OF PROVIDERS FOR ALL MAMMOGRAPHY STUDIES AND FOLLOW UP DIAGNOSTIC TESTING DESIGNED TO IDENTIFY BREAST-RELATED CANCERS IN ORDER TO ASCERTAIN THE APPROPRIATENESS OF THOSE REIMBURSEMENT LEVELS." (AMENDED TITLE) (Recommends Adoption) |
3475 |
(ENE/HTH) |
H.C.R. No. 245, H.D. 1, S.D. 1 "REQUESTING THE DEPARTMENT OF HEALTH TO WORK WITH THE HAWAII FOOD INDUSTRY ASSOCIATION TO DETERMINE THE FEASIBILITY OF REQUIRING THE BACKHAUL OF SHIPPING MATERIALS AND PALLETS BY LARGE "BIG BOX" RETAILERS AND WHOLESALERS." (AMENDED TITLE) (Recommends Adoption) |
3476 |
(WLA) |
H.C.R. No. 13 "AUTHORIZING THE ISSUANCE OF NON-EXCLUSIVE EASEMENT COVERING PORTION OF SUBMERGED LANDS AT KANEOHE, KOOLAUPOKO, OAHU, HAWAII, FOR MAINTENANCE OF BREAKWATER PURPOSES." (Recommends Adoption) |
3477 |
(WLA) |
H.C.R. No. 54, H.D. 1, S.D. 1 "REQUESTING THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY TO TRANSFER OWNERSHIP OF THE KANEOHE MEADOWLAND (HE'EIA WETLANDS) TO THE STATE OF HAWAII AS PUBLIC LANDS TO BE ADMINISTERED BY THE DEPARTMENT OF LAND AND NATURAL RESOURCES FOR THE PROTECTION AND ENHANCEMENT OF THE NATURAL AND CULTURAL RESOURCES OF THE WETLANDS." (AMENDED TITLE) (Recommends Adoption) |
3478 |
(WLA) |
H.C.R. No. 73 "REQUESTING DEL MONTE AND THE GALBRAITH ESTATE TO ALLOW RESIDENTS TO CONTINUE TO RESIDE AT POAMOHO CAMP UNTIL AT LEAST DECEMBER 2005, TO ALLOW THE RESIDENTS TIME TO FIND HOUSING SOLUTIONS OR AFFORDABLE ALTERNATIVE HOUSING." (Recommends Adoption) |
3479 |
(EDU/HTH) |
H.C.R. No. 63 "CONTINUING THE JOINT SENATE-HOUSE INVESTIGATIVE COMMITTEE TO INVESTIGATE THE STATE'S EFFORTS TO COMPLY WITH THE FELIX CONSENT DECREE." (Recommends Adoption) |
3480 |
(EDU/HTH) |
H.C.R. No. 84 "URGING THE UNIVERSITY OF HAWAII TO SPEEDILY REBUILD A SCHOOL OF GLOBAL AND PUBLIC HEALTH." (Recommends Adoption) |
3481 |
(EDU/HTH) |
H.C.R. No. 158 "ENCOURAGING A COLLEGE OF PHARMACY AT THE UNIVERSITY OF HAWAII AT HILO." (Recommends Adoption) |
3482 |
(ENE) |
H.C.R. No. 49, H.D. 1, S.D. 1 "REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A REVIEW OF THE SAN FRANCISCO PRECAUTIONARY PRINCIPLE ORDINANCE." (AMENDED TITLE) (Recommends Adoption) |
3483 |
(ENE/WLA) |
H.C.R. No. 118, H.D. 1 "REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY THE FEASIBILITY OF ESTABLISHING A WATER QUALITY MONITORING PROGRAM FOR MARINE WATERS THAT EMPHASIZES ENVIRONMENTAL PROTECTION." (Recommends Adoption) |
3484 |
(HTH/HMS/EDU) |
H.C.R. No. 133 "URGING THE GOVERNOR, DEPARTMENT OF HEALTH, DEPARTMENT OF HUMAN SERVICES, AND UNIVERSITY OF HAWAII TO RECOGNIZE THE IMPORTANCE OF THE CONTRIBUTIONS OF FAMILY CAREGIVERS AND TO SUPPORT THEM IN SERVING THE STATE'S LONG-TERM CARE NEEDS." (Recommends Adoption) |
3485 |
(HTH/HMS/TMG) |
H.C.R. No. 153, H.D. 1 "REQUESTING THE UNITED NATIONS TO CONSIDER ESTABLISHING IN HAWAII A CENTER FOR THE ADVANCEMENT OF GLOBAL HEALTH, WELFARE, EDUCATION, AND PEACE BY AND FOR CHILDREN, YOUTH, AND FAMILIES." (AMENDED TITLE) (Recommends Adoption) |
3486 |
(ECD/TMG) |
H.C.R. No. 202 "URGING HAWAII'S CONGRESSIONAL DELEGATION TO INTRODUCE FEDERAL LEGISLATION TO PROVIDE ADDITIONAL RESOURCES TO EXPAND VISA PROCESSING CAPACITY IN THE CONSULAR SECTION OF THE UNITED STATES EMBASSY IN SEOUL IN THE REPUBLIC OF KOREA AND TO INCLUDE THE REPUBLIC OF KOREA IN THE VISA WAIVER PROGRAM." (Recommends Adoption) |
3487 |
(JHW) |
H.C.R. No. 261, H.D. 1, S.D. 1 "REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO REVIEW, ANALYZE, AND RECOMMEND CHANGES TO STATUTES AND STATE RULES THAT CRIMINALIZE NON-SERIOUS OFFENSES AND REQUESTING EACH COUNTY TO REVIEW, ANALYZE, AND CHANGE COUNTY ORDINANCES AND RULES THAT CRIMINALIZE NON-SERIOUS OFFENSES." (Recommends Adoption) |
3488 |
(JHW/HMS) |
H.C.R. No. 265, H.D. 1 "REQUESTING THE DEPARTMENT OF PUBLIC SAFETY AND THE OFFICE OF YOUTH SERVICES TO DEVELOP A PLAN FOR CREATING AND IMPLEMENTING GENDER RESPONSIVE ENVIRONMENTS AT THE WOMEN'S COMMUNITY CORRECTIONAL CENTER AND AT THE HAWAII YOUTH CORRECTIONAL FACILITY." (Recommends Adoption) |
3489 |
(JHW) |
H.C.R. No. 267, H.D. 1 "REQUESTING THE ATTORNEY GENERAL TO REPORT TO THE LEGISLATURE ON PROGRESS MADE BY THE OFFICE OF THE ATTORNEY GENERAL AND THE PROSECUTING ATTORNEYS FROM THE COUNTIES OF THE STATE OF HAWAII IN USING CHAPTER 846E, HAWAII REVISED STATUTES, TO RESTORE PUBLIC ACCESS TO REGISTRATION INFORMATION REGARDING DANGEROUS PERSONS CONVICTED OF CERTAIN OFFENSES AGAINST CHILDREN AND CERTAIN SEXUAL OFFENSES." (Recommends Adoption) |
3490 |
(HTH) |
H.C.R. No. 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." (AMENDED TITLE) (Recommends Adoption) |
3491 |
(SAT/WLA) |
H.C.R. No. 165, S.D. 1 "TO HOLD THE DEPARTMENT OF LAND AND NATURAL RESOURCES ACCOUNTABLE FOR ITS DECISIONS TO INCLUDE OR ELIMINATE QUALIFIED CANDIDATES FROM THE LIST SENT TO THE GOVERNOR FOR APPOINTMENT TO THE ISLAND BURIAL COUNCILS." (Recommends Adoption) |
3492 |
(SAT/WLA) |
H.C.R. No. 181, H.D. 1 "REQUESTING THE STATE HISTORIC PRESERVATION DIVISION OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO REQUIRE CONSTRUCTION PROJECTS TO HAVE CULTURAL CONSULTANTS AND MONITORS." (Recommends Adoption) |
3493 |
(SAT) |
H.C.R. No. 238 "REQUESTING THE GOVERNOR TO IMPLEMENT AN ONLINE "FIXIT" SYSTEM ON THE STATE WEBSITE." (Recommends Adoption) |
3494 |
(SAT/TMG) |
H.C.R. No. 83, S.D. 1 "REQUESTING A STATUS REPORT ON THE CURRENT USE OF OPEN SOURCE SOFTWARE IN STATE GOVERNMENT AND THE ADOPTION OF A STATE POLICY SUPPORTING USE OF OPEN SOURCE SOFTWARE IN STATE GOVERNMENT OPERATIONS." (Recommends Adoption) |
ORDER OF THE DAY
3460 |
JHW |
G.M. No. 379 "Submitting for consideration and confirmation to the Hawaiian Homes Commission, Gubernatorial Nominee MILTON K. PA, for a term to expire 06-30-08." |
3461 |
JHW |
G.M. No. 408 "Submitting for consideration and confirmation to the Board of Registration of the Island of Oahu, Gubernatorial Nominee MAUREEN K. MURAOKA, for a term to expire 06-30-08." |
S.B. No. 2842, S.D. 1, H.D. 4 |
"RELATING TO CHAPTER 846E, HAWAII REVISED STATUTES." - (JHW) (Relating to Chapter 846E, HRS) |
S.B. No. 2843, S.D. 1, H.D. 2 |
"PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII." - (JHW) (Proposing an Amendment to Article I of the Constitution of the State of Hawaii) |
S.B. No. 2846, S.D. 1, H.D. 2 |
"PROPOSING AMENDMENTS TO ARTICLE I, SECTION 14, OF THE HAWAII CONSTITUTION." - (JHW) (Constitutional amendment re privileged confidential communications) |
Conf. Com. Rep. No. 12-04 |
H.B. No. 1840, H.D. 1, S.D. 1, C.D. 1 "RELATING TO AIR POLLUTION CONTROL." (Air pollution control) |
Conf. Com. Rep. No. 13-04 |
H.B. No. 1793, H.D. 2, S.D. 1, C.D. 1 "RELATING TO LAND EXCHANGE." (Poamoho; Land Exchange) |
Conf. Com. Rep. No. 14-04 |
S.B. No. 3135, S.D. 1, H.D. 1, C.D. 1 "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST ST. FRANCIS HEALTHCARE SYSTEM OF HAWAII AND ITS AFFILIATES." (Special Purpose Revenue Bonds; St. Francis Healthcare) |
Motion to Reconsider Previous Action; Recommit to Conference Committee
S.B. No. 17, SD1, HD1, CD1 |
EDU, WAM |
RELATING TO EDUCATION. |
Committee Hearing Schedule:
COMMITTEE |
DATE |
TIME |
ROOM |
|
WLA |
Hearing |
Monday, 04/26 |
2:00PM |
224 |
CPH |
Hearing |
Tuesday, 04/27 |
9:00AM |
016 |