THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2004

 

FIFTY-SIXTH DAY

April 28, 2004-Wednesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Sam Cox

Kailua Methodist Church and The Interfaith Open Table

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s).: 498-502

    2. G.M. NO.

    TITLE

    REFERRAL
         

    496

    Informing the Senate that on April 27, 2004, the Governor returned the following bill without approval: HB1797

    FILE
         

    497

    Informing the Senate that on April 27, 2004, the Governor returned the following bill without approval: SB2525, HD1, CD1

    FILE
         

    498

    Informing the Senate that on April 28, 2004, the Governor signed the following bill into law: SB2815 (Act 20)

    FILE
         

    499

    Informing the Senate that on April 28, 2004, the Governor signed the following bill into law: HB1926 (Act 21)

    FILE
         

    500

    Informing the Senate that on April 28, 2004, the Governor signed the following bill into law: SB2005 (Act 22)

    FILE
         

    501

    Informing the Senate that on April 28, 2004, the Governor signed the following bill into law: HB2142, HD2, (Act 23)

    FILE
         

    502

    Informing the Senate that on April 26, 2004, the Governor has withdrawn the following name from consideration and confirmation by the Senate: GM445, Gubernatorial Nominee, Robert T. Okuda, Cable Advisory Committee.

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: No(s).: 677-690
    4.  

    Informing the Senate that on April 27, 2004, the following Senate Concurrent Resolutions were adopted in the House:

    REFERRAL
         

    677

    S.C.R. No. 51

    "REQUESTING OUR CONGRESSIONAL DELEGATION'S SUPPORT FOR MEASURES TO RESTORE HEALTH CARE BENEFITS TO VETERANS."(Veterans' Health Care Benefits)

    FILE
         

    678

    S.C.R. No. 52

    "URGING THE SUPPORT OF DEPLOYED HAWAII NATIONAL GUARD AND MILITARY RESERVISTS THROUGH ECONOMIC RELIEF MEASURES."(Hawaii National Guard; Military Reserve; Refunds on Deposits)

    FILE
         

    679

    S.C.R. No. 68, S.D. 1

    "REQUESTING A STUDY OF THE FEASIBILITY OF ESTABLISHING COOPERATIVE VENTURES WITH ORGANIZATIONS ON THE U.S. MAINLAND IN PROMOTING HAWAII AND ITS PRODUCTS. (AMENDED TITLE)"(Feasibility study on cooperative ventures with mainland organizations in promoting Hawaii)

    FILE
         

    680

    S.C.R. No. 97

    "URGING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO SUPPORT THE PASSAGE \OF H.R. 3587 TO BENEFIT FILIPINO WORLD WAR II VETERANS AND THEIR FAMILIES."(Support for H.R. No. 3587 benefiting Filipino World War II veterans and their families.)

    FILE
         

    681

    S.C.R. No. 126

    "URGING CONGRESS TO INCREASE FUNDING FOR VETERANS BENEFITS AND SERVICES AND EXPRESSING DISAPPOINTMENT IN PRESIDENT GEORGE W. BUSH'S PLANS TO REDUCE VETERANS BENEFITS."(Urging Congress to increase funding for veterans benefits and services and expressing disappointment in president George W. Bush's plans to reduce veterans benefits.)

    FILE
         

    682

    S.C.R. No. 181, S.D. 1

    "RECOMMENDING THE LONG-TERM CARE VETERANS AFFAIRS STATE HOME IN HILO BE NAMED IN HONOR OF YUKIO OKUTSU.(AMENDED TITLE)"(VA State Home – Hilo; Naming in Honor of Yukio Okutsu)

    FILE
         

    683

    S.C.R. No. 203

    "URGING THE UNITED STATES CONGRESS TO SUPPORT THE PASSAGE OF S. 68, RELATING TO IMPROVING BENEFITS FOR FILIPINO VETERANS OF WORLD WAR II."(Filipino Veterans of WWII; Passage of S. 68)

    FILE
         

    684

    S.C.R. No. 209, S.D. 1

    "URGING THE RENAMING OF HEEIA STATE PARK TO LAE 'O KEALOHI STATE PARK."(Renaming Heeia State Park to Lae 'O Kealohi State Park.)

    FILE
         
         
     

    Informing the Senate that on April 27, 2004, the House disagreed to the amendments proposed by the Senate to the following House Concurrent Resolutions:

    		  
         

    685

    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."(Precautionary Principle; LRB Study)

    FILE
         
     

    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."(Kaneohe Meadowland; Conservation Protection)

    		  
         
     

    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."(Open source software in state government operations)

    		  
         
     

    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."(Breast Cancer; Mammography Services)

    		  
         
     

    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."(Island Burial Councils; DLNR failure to provide nominees.)

    		  
         
     

    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."(Backhauling of Shipping Materials By Big Box Retailers.)

    		  
         
     

    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."(Criminal Penalties; Decriminalization of Non-Serious Offenses)

    		  
         
         
     

    Informing the Senate that the House has agreed to the amendments proposed by the Senate and that said bills have passed Final Reading in the House:

    		  
         

    686

    H.B. No. 1944, H.D. 1, S.D. 1

    "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST INDUSTRIAL ENTERPRISES."(Worldwide Energy Group; SPRBs; Hawaii Sugar Ethanol Project)

    FILE
         
     

    H.B. No. 2250, H.D. 2, S.D. 2

    "RELATING TO HABITUAL OPERATION OF A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT."(Motor Vehicles; DUI; Habitual Offenders)

    		  
         
     

    H.B. No. 2297, H.D. 1, S.D. 2

    "RELATING TO GUARDIANSHIP AND PROTECTIVE PROCEEDINGS."(Guardianship and Protective Proceedings)

    		  
         
     

    H.B. No. 2740, H.D. 1, S.D. 1

    "RELATING TO NOTIFICATION OF EMPLOYMENT CHANGES."(Dislocated Workers)

    		  
         
         
     

    Informing the Senate that the House has agreed to the amendments proposed by the Senate and that said bill has passed Final Reading in the House:

    		  
         

    687

    H.B. No. 2337, H.D. 1, S.D. 1

    "RELATING TO NAME CHANGES."(Name Changes; Filing Fee)

    FILE
         
         
     

    Informing the Senate that on April 27, 2004, the House has reconsidered it action taken in disagreeing to the amendments proposed by the Senate to the following House bills:

    		  
         

    688

    H.B. No. 1991, H.D. 1, S.D. 1

    "RELATING TO AUTOMATIC EXTERNAL DEFIBRILLATORS."(Automatic External Defibrillators; Liability Immunity)

    FILE
         
     

    H.B. No. 2223, S.D. 1

    "RELATING TO BOXING."(Boxing; Commission)

    		  
         
         
     

    Informing the Senate that on April 27, 2004, the House has reconsidered it action taken in disagreeing to the amendments proposed by the Senate to the following House bills:

    		  
         

    689

    H.B. No. 1824, S.D. 1

    "RELATING TO ELECTRICIANS AND PLUMBERS."(Plumber Licensing; Continuing Education; Triennial Renewal)

    FILE
         
     

    H.B. No. 2140, H.D. 1, S.D. 1

    "RELATING TO MANDATORY CONTINUING EDUCATION FOR PHARMACISTS."(Pharmacists; Continuing Education)

    		  
         
     

    H.B. No. 2147, H.D. 1, S.D. 1

    "RELATING TO THE UNIFORM COMMERCIAL CODE."(UCC; Article 7; Documents of Title)

    		  
         
     

    H.B. No. 2421, S.D. 1

    "RELATING TO THE LICENSING REQUIREMENTS FOR PRIVATE DETECTIVES AND GUARDS."(Private Detectives and Guards; Licensing)

    		  
         
         
     

    Informing the Senate that on April 27, 2004, the House has reconsidered it action taken in disagreeing to the amendments proposed by the Senate to the following House bills:

    		  
         

    690

    H.B. No. 1893, H.D. 2, S.D. 1

    "RELATING TO EDUCATION."(Education; Trust Fund)

    FILE
         
     

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

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

    		  
         
     

    H.B. No. 2363, H.D. 1, S.D. 2

    "RELATING TO PUBLIC BENEFIT CORPORATIONS."(Public Benefit Corporations; Attorney General Oversight)

    		  
         
     

    H.B. No. 2569, H.D. 1, S.D. 1

    "RELATING TO NIIHAU SHELL PRODUCTS."(Native Hawaiian Economic Development; Ni?ihau Shells; Protection)

    		  
         
     

    H.B. No. 2871, H.D. 2, S.D. 1

    "RELATING TO TOBACCO."(Tobacco Use in Public Schools and at Public School Functions; Prohibited)

    		  
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Conference Committee Report Nos. 23-04 - 37-04

    7. 23-04

    (48 Hrs. Notice)

    S.B. No. 2586, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    24-04

    (48 Hrs. Notice)

    S.B. No. 2948, S.D. 2, H.D. 1, C.D. 1

    "RELATING TO PUBLIC HEALTH NURSING SERVICES."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    25-04

    (48 Hrs. Notice)

    S.B. No. 2608, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO CRITICAL ACCESS HOSPITALS."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    26-04

    (48 Hrs. Notice)

    S.B. No. 2929, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO MEDICAID REIMBURSEMENT."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    27-04

    (48 Hrs. Notice)

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

    "RELATING TO THE UNIFORM COMMERCIAL CODE."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    28-04

    (48 Hrs. Notice)

    H.B. No. 2020, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO PROSTITUTION."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    29-04

    (48 Hrs. Notice)

    H.B. No. 2013, S.D. 2, C.D. 1

    "RELATING TO POLYBROMINATED DIPHENYL ETHERS."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    30-04

    (48 Hrs. Notice)

    S.B. No. 2748, S.D. 1, H.D. 2, C.D. 1

    "RELATING TO DRUG DEMAND REDUCTION ASSESSMENTS."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    31-04

    (48 Hrs. Notice)

    S.B. No. 2840, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO TOBACCO."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    32-04

    (48 Hrs. Notice)

    S.B. No. 2861, S.D. 1, H.D. 2, C.D. 1

    "RELATING TO CRIMINAL PROCEDURE."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    33-04

    (48 Hrs. Notice)

    S.B. No. 3113, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO VOTING."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    34-04

    (48 Hrs. Notice)

    H.B. No. 1765, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO GOVERNMENT BOARDS, COMMISSIONS, AND AGENCIES."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    35-04

    (48 Hrs. Notice)

    H.B. No. 2254, S.D. 1, C.D. 1

    "RELATING TO CHAPTER 707, HAWAII REVISED STATUTES."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    36-04

    (48 Hrs. Notice)

    H.B. No. 2683, S.D. 1, C.D. 1

    "RELATING TO DEFERRED ACCEPTANCE OF GUILTY PLEA AND DEFERRED ACCEPTANCE OF NOLO CONTENDERE PLEA."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    37-04

    (48 Hrs. Notice)

    S.B. No. 3025, H.D. 1, C.D. 1

    "RELATING TO THE OFFICE OF PLANNING."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       
       
  7. Standing Committee Reports: No(s).: 3501

    8. 3501

    (One Day Notice)

    (EDU/LBR)

    H.C.R. No. 203

    "REQUESTING THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT TO STUDY AND IMPLEMENT PARITY BETWEEN OCCUPATIONAL THERAPISTS, PHYSICAL THERAPISTS, AND SPEECH THERAPISTS WITHIN THE DEPARTMENT OF EDUCATION."

    (Recommends Adoption)
         
         
         

     

    ORDER OF THE DAY

  8. Advise and Consent

    9. 3495

    TSM

    G.M. No. 163

    "Submitting for consideration and confirmation to the Board of Directors of the Hawai`i Tourism Authority, Gubernatorial Nominee VERNON F.L. CHAR, for a term to expire 06-30-06"
         
         

    3495

    TSM

    G.M. No. 164

    "Submitting for consideration and confirmation to the Board of Directors of the Hawai`i Tourism Authority, Gubernatorial Nominee JOHN J. TONER, for a term to expire 06-30-06"
         
         

    3495

    TSM

    G.M. No. 409

    "Submitting for consideration and confirmation to the Board of Directors of the Hawai`i Tourism Authority, Gubernatorial Nominee KYOKO Y. KIMURA, for a term to expire 06-30-08."
         
         

    3496

    TMG

    G.M. No. 448

    "Submitting for consideration and confirmation to the Civil Defense Advisory Council, Gubernatorial nominee MYRON N. DOBASHI (RET), for a term to expire 06-30-08."
         
         
         
  9. Final Reading

    10. S.B. No. 2899, S.D. 1, H.D. 2

    "RELATING TO NURSES."(Nurse Licensure; Foreign Nursing Schools) - (HTH, CPH)
       
       

    Conf. Com. Rep. No. 15-04

    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."

    (SPRBs; Honolulu Seawater Air Conditioning LLC)
       
       

    Conf. Com. Rep. No. 16-04

    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."

    (Special Purpose Revenue Bonds; Aloun Farms)
       
       

    Conf. Com. Rep. No. 17-04

    H.B. No. 1828, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO PUBLIC ORDER."

    (Urinating and Defecating in Public)
       
       

    Conf. Com. Rep. No. 18-04

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

    "RELATING TO GENERAL ASSISTANCE."

    (General Assistance)
       
       

    Conf. Com. Rep. No. 19-04

    S.B. No. 3207, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO ETHANOL TAX CREDIT."

    (Ethanol Facility Tax Credit)
       
       

     

  10. Final Adoption of Resolutions

    11. 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."(Land Exchange with Maui Land & Pineapple Company Inc.) - (WLA)
         
         

    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) - (HTH)
         
         
  11. Adoption of Resolutions

    12. 3497

    TMG

    H.C.R. No. 250

    "REQUESTING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO SUPPORT H.R. 677 EXTENDING VETERANS' BENEFITS TO FILIPINO VETERANS."
         
         

    3498

    TMG

    H.C.R. No. 36, H.D. 1

    "AUTHORIZING AND REQUESTING THE GOVERNOR TO ESTABLISH A SISTER-STATE RELATIONSHIP BETWEEN THE STATE OF HAWAII OF THE UNITED STATES AND THE STATE OF RABAT-SALÉ-ZEMMOUR-ZAËR OF THE KINGDOM OF MOROCCO." (AMENDED TITLE)
         
         

    3499

    TMG

    H.C.R. No. 171

    "REQUESTING THE DIRECTOR OF TRANSPORTATION TO STUDY THE ADVISABILITY OF TRANSFERRING THE VANPOOL PROGRAM TO THE COUNTIES."
         
         

    3500

    TMG

    H.C.R. No. 258

    "URGING THE UNITED STATES CONGRESS TO SUPPORT THE PASSAGE OF S. 68, RELATING TO IMPROVING BENEFITS FOR FILIPINO VETERANS OF WORLD WAR II."
         
         
         
  12. Miscellaneous Communications: None
  13. Miscellaneous Business
  14. Announcements

    15. Committee Hearing Schedule:

    COMMITTEE

    DATE

    TIME

    ROOM

    WLA

    Hearing - G.M.

    Thursday, 04/29

    10:30AM

    212

    ENE

    Hearing - G.M.

    Thursday, 04/29

    2:00PM

    212

    Decision Making

  15. Adjournment