THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2004

 

FIFTY-SEVENTH DAY

April 29, 2004-Thursday-6:30 O'CLOCK P.M.

 

 

ORDER OF BUSINESS

Invocation by Senator J. Kalani English

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s).: 503-519
  2. G.M. NO.

    TITLE

    REFERRAL

         

    503

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: SB2647, SD1 (Act 24)

    FILE

         

    504

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: SB2820 (Act 25)

    FILE

         

    505

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: SB2905 (Act 26)

    FILE

         

    506

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: SB2589, SD1 (Act 27)

    FILE

         

    507

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: SB2950, SD1 (Act 28)

    FILE

         

    508

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB2341, HD1 (Act 29)

    FILE

         

    509

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB2414 (Act 30)

    FILE

         

    510

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB2426 (Act 31)

    FILE

         

    511

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB2498, HD1 (Act 32)

    FILE

         

    512

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB2539, HD2 (Act 33)

    FILE

         

    513

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB2558, HD1 (Act 34)

    FILE

         

    514

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB2630, HD2 (Act 35)

    FILE

         

    515

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB1819 (Act 36)

    FILE

         

    516

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB1898, HD1 (Act 37)

    FILE

         

    517

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB2300, HD1, SD1, CD1 (Act 38)

    FILE

         

    518

    Informing the Senate that on April 29, 2004, the Governor signed the following bill into law: HB2466 (Act 39)

    FILE

         

    519

    Informing the Senate that on April 29, 2004, the Governor returned the following bill without approval: SB3238, SD2, HD2, CD1

    FILE

         
         
  3. Departmental Communications: None
  4. House Communications: Nos. 691-697
  5.  

    Informing the Senate that on April 28, 2004, the Senate Concurrent Resolutions were adopted in the House:

    REFERRAL

         

    691

    S.C.R. No. 99

    "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."(Poamoho Camp)

    FILE

         

    692

    S.C.R. No. 146, S.D. 1

    "URGING THE HAWAII HEALTH SYSTEMS CORPORATION AND ST. FRANCIS HEALTHCARE SYSTEM TO CONTINUE THEIR PARTNERSHIP IN SERVING THE NEEDS OF DIALYSIS PATIENTS IN THE PUNA DISTRICT OF THE ISLAND OF HAWAII BY EXPANDING ITS NETWORK OF DIALYSIS TREATMENT FACILITIES TO THE KEAAU FAMILY CENTER IN THE PUNA DISTRICT AND BY CONDUCTING A NEEDS ASSESSMENT THAT WILL DETERMINE THE COST AND REQUIREMENTS OF ESTABLISHING A DIALYSIS CENTER IN PUNA."(Dialysis Treatment; Puna District)

    FILE

         

    693

    S.C.R. No. 167

    "RECOGNIZING NATIVE HAWAIIANS AS TRADITIONAL, INDIGENOUS KNOWLEDGE HOLDERS AND RECOGNIZING THEIR COLLECTIVE INTELLECTUAL PROPERTY RIGHTS."(Recognizes Native Hawaiians as traditional, indigenous knowledge holders; recognizes Native Hawaiians' collective intellectual property rights; and requests DBEDT to conduct a study regarding native Hawaiian rights.)

    FILE

         
         
     

    Informing the Senate that on April 28, 2004, the House reconsidered it action taken in disagreeing to the amendments proposed by the Senate to the following bill:

     
         

    694

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

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

    FILE

         
         
     

    Informing the Senate that on April 28, 2004, the House reconsidered it action taken in disagreeing to the amendments proposed by the Senate to the following bills:

     
         

    695

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

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

    FILE

         
     

    H.B. No. 2749, S.D. 1

    "RELATING TO STATE FUNDS."(State Funds)

     
         

     

     

     

       
     

    Informing the Senate that on April 28, 2004, the House reconsidered it action taken in agreeing to the amendments proposed by the Senate to the following bill:

     
         

    696

    H.B. No. 851, H.D. 1, S.D. 1

    "RELATING TO TAXATION APPEALS."(Tax Appeal; Prepayment of Assessed Taxes)

    FILE

         
         
     

    Informing the Senate that on April 28, 2004, the Speaker has appointed conferees on the part of the House for the consideration of amendments proposed by the House to the following Senate Concurrent Resolution:

     
         

    697

    S.C.R. No. 127, S.D. 1, H.D. 1

    "REQUESTING THE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT TO DELAY THE IMPLEMENTATION OF THE ELIMINATION OF THE SOCIAL WORKER SERIES."(DRHD; Social Workers Reclassification; Review Panel)

    Representative M. Oshiro, Chair; Caldwell, Blundell

    FILE

         
         
  6. Senate Communications: None
  7. Judiciary Communications: None
  8. Conference Committee Report Nos.: 51-04 - 59-04
  9. 51-04

    (48 Hrs. Notice)

    S.B. No. 2704, H.D. 1, C.D. 1

    "RELATING TO MANDATORY SELLER DISCLOSURES."

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

       
       

    52-04

    (48 Hrs. Notice)

    S.B. No. 2909, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO APPLICATIONS SEEKING GENERAL RATE INCREASES FILED BY PUBLIC UTILITIES HAVING ANNUAL GROSS REVENUES OF LESS THAN $2,000,000."

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

       
       

    53-04

    (48 Hrs. Notice)

    S.B. No. 2951, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO RADIOLOGIC TECHNOLOGY."

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

       
       

    54-04

    (48 Hrs. Notice)

    H.B. No. 2786, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO ARBITRATION."

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

       
       

    55-04

    (48 Hrs. Notice)

    S.B. No. 2834, S.D. 2, H.D. 2, C.D. 1

    "MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES."

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

       
       

    56-04

    (48 Hrs. Notice)

    S.B. No. 3185, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO INFORMATION PRACTICES."

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

       
       

    57-04

    (48 Hrs. Notice)

    S.B. No. 2077, S.D. 2, H.D. 1, C.D. 1

    "RELATING TO PLANNING."

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

       
       

    58-04

    (48 Hrs. Notice)

    S.B. No. 2926, S.D. 1, H.D. 2, C.D. 1

    "RELATING TO THE HOUSING LOAN AND MORTGAGE PROGRAMS."

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

       
       

    59-04

    (48 Hrs. Notice)

    S.B. No. 2928, H.D. 2, C.D. 1

    "RELATING TO THE RENTAL HOUSING TRUST FUND ADVISORY COMMISSION."

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

       
       
  10. Standing Committee Report No(s).: 3502-3519
  11. 3502

    (One Day Notice)

    (CPH)

    G.M. No. 439

    "Submitting for consideration and confirmation to the State Boxing Commission of Hawai`i, Gubernatorial nominee HERBERT B. MINN, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3502

    (One Day Notice)

    (CPH)

    G.M. No. 440

    "Submitting for consideration and confirmation to the State Boxing Commission of Hawai`i, Gubernatorial nominee HENRY SASAKI, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3503

    (One Day Notice)

    (CPH)

    G.M. No. 469

    "Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial nominee CAROL MAE A. BALL, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3503

    (One Day Notice)

    (CPH)

    G.M. No. 470

    "Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial nominee MICHELLE SUNAHARA LOUDERMILK, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3504

    (One Day Notice)

    (CPH)

    G.M. No. 472

    "Submitting for consideration and confirmation to the Board of Certification of Public Water System Operators, Gubernatorial nominee STEPHEN C. GREEN, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3504

    (One Day Notice)

    (CPH)

    G.M. No. 473

    "Submitting for consideration and confirmation to the Board of Certification of Public Water System Operators, Gubernatorial nominee ANN T. ZANE, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3505

    (One Day Notice)

    (HTH)

    G.M. No. 449

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial nominee WILLIAM A. BURWELL, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3505

    (One Day Notice)

    (HTH)

    G.M. No. 450

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial nominee MARTHA GUINAN, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3505

    (One Day Notice)

    (HTH)

    G.M. No. 451

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial nominee PATRICIA L. HEU MD, MPH, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3505

    (One Day Notice)

    (HTH)

    G.M. No. 452

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial nominee MARY F. JOSSEM, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3505

    (One Day Notice)

    (HTH)

    G.M. No. 453

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial nominee ELROY K. M. MALO, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3505

    (One Day Notice)

    (HTH)

    G.M. No. 454

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial nominee EVAN A. R. MURAKAMI, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3505

    (One Day Notice)

    (HTH)

    G.M. No. 455

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial nominee SHERYL NELSON, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3505

    (One Day Notice)

    (HTH)

    G.M. No. 456

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial nominee MARK F. ROMOSER, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3505

    (One Day Notice)

    (HTH)

    G.M. No. 457

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial nominee BETSY R. WHITNEY, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3505

    (One Day Notice)

    (HTH)

    G.M. No. 458

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial nominee MARK YASUO YABUI, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3506

    (One Day Notice)

    (HTH)

    G.M. No. 459

    "Submitting for consideration and confirmation to the Health Planning Council, Hawai`i County Subarea, Gubernatorial nominee GLENN E. SPARKS BSN, MHA, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3507

    (One Day Notice)

    (HTH)

    G.M. No. 460

    "Submitting for consideration and confirmation to the Health Planning Council, Kaua`i County Subarea, Gubernatorial nominee ZACHARY J. OCTAVIO, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3508

    (One Day Notice)

    (HTH)

    G.M. No. 461

    "Submitting for consideration and confirmation to the Health Planning Council, Maui County Subarea, Gubernatorial nominee JULIE A. CLARK-MCGEE MN, RN, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3508

    (One Day Notice)

    (HTH)

    G.M. No. 462

    "Submitting for consideration and confirmation to the Health Planning Council, Maui County Subarea, Gubernatorial nominee DENISE L. COHEN, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3509

    (One Day Notice)

    (HTH)

    G.M. No. 463

    "Submitting for consideration and confirmation to the Health Planning Council, West Oahu Subarea, Gubernatorial nominee DAVID J.W. CHANG, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3510

    (One Day Notice)

    (HTH)

    G.M. No. 464

    "Submitting for consideration and confirmation to the Health Planning Council, Windward Oahu Subarea, Gubernatorial nominee CHRISTOPHER P. SIBLEY, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3511

    (One Day Notice)

    (CPH)

    G.M. No. 168

    "Submitting for consideration and confirmation to the State Board of Public Accountancy, Gubernatorial Nominee MARK D. HUNSAKER, for a term to expire 06-30-07"

    (Recommends Senate Consent to Nomination)

         
         

    3512

    (One Day Notice)

    (CPH)

    G.M. No. 441

    "Submitting for consideration and confirmation to the Cable Advisory Committee, Gubernatorial nominee SAM AIONA, for a term to expire 06-30-06."

    (Recommends Senate Consent to Nomination)

         
         

    3512

    (One Day Notice)

    (CPH)

    G.M. No. 442

    "Submitting for consideration and confirmation to the Cable Advisory Committee, Gubernatorial nominee D. MELE CARROLL, for a term to expire 06-30-05."

    (Recommends Senate Consent to Nomination)

         
         

    3512

    (One Day Notice)

    (CPH)

    G.M. No. 443

    "Submitting for consideration and confirmation to the Cable Advisory Committee, Gubernatorial nominee JENNY FUJITA, for a term to expire 06-30-04."

    (Recommends Senate Consent to Nomination)

         
         

    3512

    (One Day Notice)

    (CPH)

    G.M. No. 444

    "Submitting for consideration and confirmation to the Cable Advisory Committee, Gubernatorial nominee JENNY FUJITA, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3512

    (One Day Notice)

    (CPH)

    G.M. No. 446

    "Submitting for consideration and confirmation to the Cable Advisory Committee, Gubernatorial nominee GERRY SILVA, for a term to expire 06-30-04."

    (Recommends Senate Consent to Nomination)

         
         

    3512

    (One Day Notice)

    (CPH)

    G.M. No. 447

    "Submitting for consideration and confirmation to the Cable Advisory Committee, Gubernatorial nominee GERRY SILVA, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3513

    (One Day Notice)

    (WLA)

    G.M. No. 465

    "Submitting for consideration and confirmation to the Kaho'olawe Island Reserve Commission, Gubernatorial nominee CHARLES P. M. K. BURROWS EDD, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3513

    (One Day Notice)

    (WLA)

    G.M. No. 466

    "Submitting for consideration and confirmation to the Kaho'olawe Island Reserve Commission, Gubernatorial nominee ROBERT J. LU'UWAI, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3514

    (One Day Notice)

    (WLA)

    G.M. No. 467

    "Submitting for consideration and confirmation to the Kaneohe Bay Regional Council, Gubernatorial nominee JOHN M. MORGAN, for a term to expire 06-30-08."

    (Recommends Senate Consent to Nomination)

         
         

    3515

    (One Day Notice)

    (WLA)

    G.M. No. 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."

    (Recommends Senate Consent to Nomination)

         
         

    3516

    (One Day Notice)

    (EDU/TMG)

    H.C.R. No. 60

    "ENCOURAGING THE HAWAII'S CONGRESSIONAL DELEGATION TO SUPPORT THE DEVELOPMENT, RELIEF, AND EDUCATION FOR ALIEN MINORS ("DREAM") ACT."

    (Recommends Adoption)

         
         

    3517

    (One Day Notice)

    (EDU/TMG)

    H.C.R. No. 117

    "REQUESTING CONGRESS TO SUPPORT FULL FUNDING FOR THE CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT."

    (Recommends Adoption)

         
         

    3518

    (One Day Notice)

    (TSM/ECD)

    H.C.R. No. 161

    "REQUESTING THE GOVERNOR TO DECLARE HALEIWA TOWN AS THE SURFING CAPITAL OF THE WORLD."

    (Recommends Adoption)

         
         

    3519

    (One Day Notice)

    (JHW/WLA/TMG)

    H.C.R. No. 199

    "REQUESTING THE DEPARTMENT OF HAWAIIAN HOME LANDS, THE DEPARTMENT OF TRANSPORTATION, THE DEPARTMENT OF LAND AND NATURAL RESOURCES, AND THE OFFICE OF HAWAIIAN AFFAIRS TO CEASE ISSUING ANY EASEMENTS TO THE CITY AND COUNTY OF HONOLULU FOR ACCESS TO HAIKU VALLEY AND TO "HAIKU STAIRS"."

    (Recommends Adoption)

         
         

    ORDER OF THE DAY

  12. Final Reading
  13. Conf. Com. Rep. No. 20-04

    H.B. No. 1860, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO CHILD ABUSE AND NEGLECT."

    (Income Tax Check-Off; Child Abuse and Neglect)

       
       

    Conf. Com. Rep. No. 21-04

    H.B. No. 1774, H.D. 2, S.D. 2, C.D. 1

    "RELATING TO UNEMPLOYMENT BENEFITS."

    (Unemployment Insurance; Weekly Benefits)

       
       

    Conf. Com. Rep. No. 22-04

    H.B. No. 2741, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO EXECUTIVE DEPARTMENTS."

    (State Agencies; Deputy Director; Special Assistant; Appointment)

       
       
       
  14. Adopt Resolutions
  15. 3501

    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."

         
         
  16. Miscellaneous Communications: None
  17. Miscellaneous Business
  18. Motion for Reconsideration -- Senate Managers Agree to House Amendments;

    One Day Notice for Final Reading

    SB No. 469, HD1

    LBR, JHW

    RELATING TO EMPLOYMENT PRACTICES.

     

    SB No. 2021, SD1, HD2

    TMG

    RELATING TO STREET ROD VEHICLES.

     

    SB No. 2246, SD1, HD1

    WLA

    RELATING TO AGRICULTURE.

     

    SB No. 2869, SD2, HD1

    WLA/ECD, WAM

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

     

    SB No. 2882, SD1, HD1

    CPH

    RELATING TO ALIEN INSURERS.

     

    SB No. 2994, SD1, HD2

    JHW, WAM

    RELATING TO THE USE TAX.

     

    SB No. 3044, HD1

    WLA/TMG, JHW

    RELATING TO PUBLIC PROPERTY.

     

    SB No. 3190, SD1, HD1

    CPH

    RELATING TO THE PUBLIC UTILITIES COMMISSION.

     

     

     

    Reconsideration of Disagreement to House Amendments; One Day Notice for Final Adoption

    SCR No. 79, SD1, HD1

    HTH/HMS, JHW

    REQUESTING THE HAWAII STATE COUNCIL ON DEVELOPMENTAL DISABILITIES TO CONVENE A TASK FORCE TO IDENTIFY ISSUES AND SOLUTIONS REGARDING INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES AND THEIR CHOICE OF RESIDENTIAL SETTING.

     

     

    SCR No. 101, SD1, HD1

    ECD/TMG

    REQUESTING THE UNITED STATES CONGRESS TO PROVIDE FOR THE COMPENSATION OF AWARDS, TO THE FULLEST EXTENT, AS DETERMINED BY THE MARSHALL ISLANDS NUCLEAR CLAIMS TRIBUNAL.

     

     

    SCR No. 180, SD1 HD1

    ENE/HTH

    THE PUBLIC UTILITIES COMMISSION IS REQUESTED TO EXPLORE HOW TO IMPLEMENT THE CONCEPT OF INTRA-GOVERNMENTAL WHEELING TO FACILITATE GOVERNMENT WHEELING OF ELECTRICITY.

     

     

     

  19. Announcements
  20. Committee Hearing Schedule:

    COMMITTEE

    DATE

    TIME

    ROOM

    HMS / JHW

    Hearing

    Friday, 04/30

    8:30AM

    229

    EDU

    Decision Making

    Friday, 04/30

    10:00AM

    212

    WAM

    Decision Making

    Friday, 04/30

    11:30AM

    211

  21. Adjournment