THE SENATE
OF THE
TWENTY-THIRD LEGISLATURE
STATE OF HAWAII
REGULAR SESSION OF 2005
SECOND DAY
January 20, 2005-Thursday-11:30 O'CLOCK A.M.
ORDER OF BUSINESS
Invocation by Ms. Estrel Lohmeier's Second Grade Class
Punahou School
Roll Call
Approval of the Journal
Introductions
|
G.M. NO. |
TITLE |
REFERRAL |
|
1 |
Dated July 30, 2004, transmitting the Report on Tax Credits Claimed by Hawaii Taxpayers, 2002, prepared by the Department of Taxation. |
FILE |
|
2 |
Dated August 4, 2004, transmitting the Report on the Status of the Environmental Health Education Fund as Established by Act 169, SLH 1994, prepared by the Department of Health pursuant to Section 321-27, HRS. |
FILE |
|
3 |
Dated September 29, 2004, transmitting the 2003 OYS Annual Report for Fiscal Year 2002, prepared by the Office of Youth Services pursuant to Section 352D-6, HRS, and Act 151, Section 4, SLH 1991. |
FILE |
|
4 |
Dated October 1, 2004, transmitting a preliminary report prepared by the Department of the Attorney General in response to H.C.R. No. 267, H.D. 1, on the progress made in using Chapter 846E, HRS, to restore public access to registration information regarding dangerous persons convicted of certain offenses against children and certain sexual offenses. |
FILE |
|
5 |
Dated October 8, 2004, transmitting the Compact of Free Association Grant Plan, 2004, pursuant to Act 41, SLH 2004. |
FILE |
|
6 |
Dated October 22, 2004, transmitting the Department of Business, Economic Development and Tourism's 2004-2005 Report on Goals and Objectives, pursuant to Act 100, SLH 1999. |
FILE |
|
7 |
Dated November 22, 2004, transmitting the 2004 Hawaii Data Disc containing the 2002-2003 State of Hawaii Data Book and the Hawaii Census and Population, prepared by the Department of Business, Economic Development and Tourism |
FILE |
|
8 |
Dated November 29, 2004, transmitting the Report on Special Purpose Revenue Bonds Issued and Outstanding and Authorized But Unissued as of July 1, 2004, pursuant to Article VII, Section 12, of the Constitution of the State of Hawaii, and Section 39A-1, HRS. |
FILE |
|
9 |
Dated December 6, 2004, transmitting a report prepared by the Department of Hawaiian Home Lands on the reporting requirements of Act 41, Section 37.1, SLH 2004. |
FILE |
|
10 |
Dated December 15, 2004, transmitting the Department of Budget and Finance's Plan of Action for Implementation of Goals and Objectives, pursuant to Act 100, SLH 1999. |
FILE |
|
11 |
Dated December 15, 2004, transmitting the Annual Report of the Public Utilities Commission for Fiscal Year 2003-2004, pursuant to Section 269-5, HRS. |
FILE |
|
12 |
Dated December 17, 2004, transmitting the Public Utilities Commission's Special Fund Report for Fiscal Year 2003-2004, pursuant to Section 269-33 HRS. |
FILE |
|
13 |
Dated December 20, 2004, transmitting the Multi-Year Program and Financial Plan and Executive Budget for the Period 2005-2011 (Budget Period: 2005-2007); the Variance Report for Fiscal Years 2004 and 2005, pursuant to Section 37-75, HRS; and the FB 2005-2007 Executive Biennium Budget, Budget in Brief, prepared by the Department of Budget and Finance. |
FILE |
|
14 |
Dated December 22, 2004, transmitting the Department of Human Resources Development's Annual Report on Goals and Objectives, pursuant to Act 100, SLH 1999. |
FILE |
|
15 |
Dated December 22, 2004, transmitting the Public Utilities Commission's 2003 Annual Report on Special Purpose Revenue Bonds Authorized Under Act 262, SLH 1998. |
FILE |
|
16 |
Dated December 27, 2004, transmitting the 2005 Exempt Study Report, prepared by the Department of Human Resources Development pursuant to H.C.R. No. 94 (2003) and Act 128, SLH 2004. |
FILE |
|
17 |
Dated December 27, 2004, transmitting the Department of Human Resources Development's Findings and Results of Collaboration with Stakeholder Groups Regarding the Social Worker Shortage, pursuant to S.C.R. No. 127 (2004). |
FILE |
|
18 |
Dated December 27, 2004, transmitting a Report on the Study of Parity Between Occupational Therapist, Physical Therapist and Speech Therapist Working in the Department of Education, prepared by the Department of Education and the Department of Human Resources Development pursuant to H.C.R. No. 203 (2004). |
FILE |
|
19 |
Dated December 28, 2004, transmitting the Hawaii State Public Library Systems' Annual Report for Fiscal Year Ending June 30, 2004, prepared by the Hawaii State Public Library System, Department of Education, pursuant to Act 129, SLH 1989 and Act 327, SLH 1993 as amended by Act 45, SLH 1999. |
FILE |
|
20 |
Dated December 29, 2004, transmitting the Department of Commerce and Consumer Affairs' Report of the Ad Hoc Advisory Group on the Development and Implementation of Standard Offer Contracts and Standardized Interconnection Agreements to Reduce the Approval Process Time for the Implementation of Renewable Energy Systems and to Facilitate the Purchase of Electricity from Renewable Energy Producers in Hawaii, pursuant to H.C.R. No. 172 (2003). |
FILE |
|
21 |
Dated December 29, 2004, transmitting the Report of the Insurance Commissioner of Hawaii 2004, prepared by the Department of Commerce and Consumer Affairs pursuant to Section 431:2-211, HRS. |
FILE |
|
22 |
Dated December 30, 2004, transmitting a report prepared by the Department of Human Services and the Department of Health, pursuant to S.C.R. No. 106 (2004), requesting an inquiry into the delays in payment to developmental disability providers. |
FILE |
|
23 |
Dated December 30, 2004, transmitting a Report Relating to Public Land Liability, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Act 82, Section 4, SLH 2003. |
FILE |
|
24 |
Dated December 28, 2004, transmitting the 2004 Annual Report of the Office of Information Practices. |
FILE |
|
25 |
Dated December 29, 2004, transmitting the Condominium Dispute Resolution Pilot Program Report, prepared by the Department of Commerce and Consumer Affairs pursuant to Act 164, SLH 2004. |
FILE |
|
26 |
Dated December 30, 2004, transmitting the Pesticide Use Revolving Fund Annual Report for Fiscal Year Ending June 30, 2004, prepared by the Board of Agriculture pursuant to Act 154, SLH 2000. |
FILE |
|
27 |
Dated December 30, 2004, transmitting the 2004 Annual Report on Home Property Liens, prepared by the Department of Human Services, Med-QUEST Division, pursuant to Section 346-29.5, HRS. |
FILE |
|
28 |
Dated December 30, 2004, transmitting the Report on the Health Insurance Portability and Accountability Act, prepared by the Department of Human Services pursuant to Act 41, Section 36.1, SLH 2004. |
FILE |
|
29 |
Dated December 30, 2004, transmitting a report prepared by the Department of Human Services, Social Services Division, on the Chore Services Program and the Nursing Home without Walls and Residential Alternative Community Care Program, pursuant to Act 41, Sections 35 and 37, SLH 2004. |
FILE |
|
30 |
Dated December 30, 2004, transmitting Report on Prescription Drugs for Fee-for-Service Clients Including Mental Health Treatment, prepared by the Department of Human Services, Med-QUEST Division, pursuant to Act 200, Section 36, SLH 2003. |
FILE |
|
31 |
Dated December 30, 2004, transmitting a report prepared by the Department of Human Services, Social Services Division, on Multi-Agency Case Coordinators and Case Support Coordinators for Child Welfare Services; on the Title IV-E Reimbursements and the Centralized Eligibility Determination Unit; and on Child Out-of-Home Payments, pursuant to Act 200, Sections 31, 32, and 34, SLH 2003. |
FILE |
|
32 |
Dated December 30, 2004, transmitting a Report on the Implementation of Chapter 190D, Hawaii Revised Statutes, Ocean and Submerged Lands Leasing, prepared by the Department of Land and Natural Resources and the Department of Agriculture pursuant to Act 176, Section 12, SLH 1999. |
FILE |
|
33 |
Dated December 30, 2004, transmitting the Report on Operations of the Filing Office for Financing Statements Under the Uniform Commercial Code, Secured Transactions, prepared by the Department of Land and Natural Resources pursuant to Section 490:9-527, HRS. |
FILE |
|
34 |
Dated December 30, 2004, transmitting the Annual Report on Geothermal Royalties, prepared by the Department of Land and Natural Resources pursuant to Section 182-18, HRS. |
FILE |
|
35 |
Dated December 30, 2004, transmitting the Annual Report on Identification of Rivers and Streams Worthy of Protection, prepared by the Department of Land and Natural Resources, Commission on Water Resource Management, pursuant to Section 174C-31, HRS. |
FILE |
|
36 |
Dated December 30, 2004, transmitting the Hawaii Employer-Union Health Benefits Trust Fund's Annual Report for Fiscal Year Ending June 30, 2004. |
FILE |
|
37 |
Dated January 3, 2005, transmitting a report prepared by the Housing and Community Development Corporation, Affordable Housing Task Force, pursuant to S.C.R. No. 135 (2004), requesting the convening of an affordable housing task force. |
FILE |
|
38 |
Dated December 27, 2004, transmitting a Report on Parental Preferences in Government Contracts, Programs, and Services, prepared by the Executive Branch pursuant to Act 162, SLH 2002. |
FILE |
|
39 |
Dated December 29, 2004, transmitting the Board of Nursing's Report with findings resulting from research on the matter relating to the Commission on Graduates of Foreign Nursing Schools examination and the English proficiency examination, pursuant to Act 88, SLH 2004. |
FILE |
|
40 |
Dated December 29, 2004, transmitting the Annual Report of the Joint Formulary Advisory Committee on Its Activities and Recommendations with Respect to the Prescriptive Authority Formulary for Advanced Practice Registered Nurses; and a Report from the Board of Medical Examiners that clearly justifies its denial of any recommendations made by the Committee, prepared by the Department of Commerce and Consumer Affairs, Professional and Vocational Licensing Division, pursuant to Act 150, SLH 2004, and Act 192, SLH 2002. |
FILE |
|
41 |
Dated December 29, 2004, transmitting the 2004 Annual Report of the Hawaii Real Estate Commission for Fiscal Year Ending June 30, 2004, prepared by the Department of Commerce and Consumer Affairs, Professional and Vocational Licensing Division, Real Estate Branch. |
FILE |
|
42 |
Dated December 29, 2004, transmitting the 2005 Annual Report of the Medical Claims Conciliation Panel and the Design Professional Conciliation Panel, prepared by the Department of Commerce and Consumer Affairs pursuant to Section 672-12 and 671-20, HRS. |
FILE |
|
43 |
Dated December 29, 2004, transmitting a Report on How the Department of Commerce and Consumer Affairs' Expenditures will be Aligned With its Special Fund Revenue Collections, and its Plans to Lower Fees to Appropriate Levels, prepared by the Department of Commerce and Consumer Affairs pursuant to Act 200, Section 60, SLH 2003. |
FILE |
|
44 |
Dated December 30, 2004, transmitting a report prepared by the Department of Human Services, Med-QUEST Division, on the payments made to the Department of Health, Adult Mental Health Division, pursuant to Act 41, Section 38.1, SLH 2004. |
FILE |
|
45 |
Dated December 30, 2004, transmitting a report prepared by the Department of Human Services, Social Services Division, on adoption assistance and difficulty of care payments for child welfare services, pursuant to Act 41, Section 33, SLH 2004. |
FILE |
|
46 |
Dated December 30, 2004, transmitting the Report on the Hawaii Statewide Trail and Access System, prepared by the Department of Land and Natural Resources, Division of Forestry and Wildlife, pursuant to Section 198D-9, HRS. |
FILE |
|
47 |
Dated December 30, 2004, transmitting the Report on Receipts and Expenditures of the Antitrust Trust Fund for Fiscal Year 2003-2004, prepared by the Department of the Attorney General pursuant to Section 28-13, HRS. |
FILE |
|
48 |
Dated December 30, 2004, transmitting a Report Concerning Special, Trust, and Revolving Funds for Fiscal Year 2003-2004, prepared by the Department of the Attorney General pursuant to Act 200, Section 69, SLH 2003. |
FILE |
|
49 |
Dated December 30, 2004, transmitting a Report on the Progress Made 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, prepared by the Department of the Attorney General's Report pursuant to H.C.R. No. 267 (2004). |
FILE |
|
50 |
Dated December 30, 2004, transmitting the Annual Report of Proceedings Under the Hawaii Omnibus Criminal Forfeiture Act for Fiscal Year 2003-2004, prepared by the Department of the Attorney General. |
FILE |
|
51 |
Dated December 30, 2004, transmitting the Department of the Attorney General's 2005 Goals and Objectives, pursuant to Act 100, Section 7, SLH 1999. |
FILE |
|
52 |
Dated December 30, 2004, transmitting the 2005 Report of the Criminal History Record Check Working Group, prepared by the Department of the Attorney General pursuant to Act 95, Section 19, SLH 2003. |
FILE |
|
53 |
Dated December 30, 2004, transmitting the Report on Any Shortage or Condition Affecting the Supply of Petroleum Products, prepared by the Department of the Attorney General pursuant to Section 486H-17, HRS, and Act 242, SLH 2004. |
FILE |
|
54 |
Dated December 30, 2004, transmitting the 2004 Annual Report on the Recommendations for Denial of Claims for Legislative Relief, prepared by the Department of the Attorney General pursuant to Section 37-77, HRS. |
FILE |
|
55 |
Dated December 30, 2004, transmitting the Annual Report of the Tobacco Enforcement Unit for Fiscal Year 2003-2004, prepared by the Department of the Attorney General pursuant to Section 28-15, HRS. |
FILE |
|
56 |
Dated December 30, 2004, transmitting the Report on Litigation Deposits Trust Fund Transactions and Collections Made on Behalf of Other Departments and Agencies for Fiscal Year 2003-2004, prepared by the Department of the Attorney General. |
FILE |
|
57 |
Dated December 20, 2004, transmitting a report prepared by the Department of Health pursuant to H.C.R. No. 103 (2004) 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. |
FILE |
|
58 |
Dated December 20, 2004, transmitting a report prepared by the Radiologic Technology Board pursuant Act 167, SLH 2004, requiring the Radiologic Technology Board to adopt guidelines for the imposition of fines. |
FILE |
|
59 |
Dated December 22, 2004, transmitting the Annual Report of Administratively Established Appropriations, prepared by the Department of Agriculture pursuant to Act 178, SLH 2002. |
FILE |
|
60 |
Dated December 22, 2004, transmitting the Department of Agriculture's Annual Report, pursuant to Act 100, SLH 1999. |
FILE |
|
61 |
Dated December 24, 2004, transmitting the Monthly Notification of Expenditures from the Director of Health Relative to the Felix Consent Decree Made to the United States Ninth District Court, the Felix Special Monitor, the Felix Monitoring Project, or Any Other Agent of the United States Judiciary for the Month of April, 2004, prepared by the Department of Health pursuant to Act 200, Section 30, SLH 2003. |
FILE |
|
62 |
Dated December 24, 2004, transmitting a report prepared by the Department of Health, pursuant to Section 321-27.5, HRS, requiring the Department of Health to conduct an annual audit of the sanitation branch. |
FILE |
|
63 |
Dated December 29, 2004, transmitting the Annual External Review Report, prepared by the Department of Commerce and Consumer Affairs, Insurance Division, pursuant to Section 432E-13, HRS. |
FILE |
|
64 |
Dated December 29, 2004, transmitting the 2004 Annual Compliance Resolution Fund Report for Fiscal Year Ending June 30, 2004, prepared by the Department of Commerce and Consumer Affairs pursuant to Section 26-9, HRS. |
FILE |
|
65 |
Dated December 30, 2004, transmitting the Annual Report Relating to the Wildlife Revolving Fund, prepared by the Department of Land and Natural Resources pursuant to Section 183D-10.5, HRS. |
FILE |
|
66 |
Dated December 30, 2004, transmitting the Department of Accounting and General Services' Annual Report of Claims and Lawsuits Arbitrated, Compromised, or Settled for $10,000 or Less for Fiscal Year 2003-2004, pursuant to Section 41D-4, HRS. |
FILE |
|
67 |
Dated December 30, 2004, transmitting the Annual Report Relating to Agricultural Marketing, prepared by the Agribusiness Development Corporation pursuant to Act 194, SLH 2002. |
FILE |
|
68 |
Dated December 30, 2004, transmitting the Report on the Status of the Kaho`olawe Rehabilitation Trust Fund, prepared by the Kaho`olawe Island Reserve Commission pursuant to Section 6K-9.5, HRS. |
FILE |
|
69 |
Dated December 30, 2004, transmitting the Annual Report on the Efforts to Increase the Number of High-Skilled Jobs in Targeted Industry Clusters in 2004, prepared by the Department of Business, Economic Development and Tourism pursuant to Act 148, SLH 2003. |
FILE |
|
70 |
Dated December 30, 2004, transmitting the Annual Report on Geothermal and Cable Development Activities, prepared by the Department of Land and Natural Resources pursuant to Section 196D-11, HRS. |
FILE |
|
71 |
Dated December 30, 2004, transmitting a report "U.S. Mainland Organizations Promoting Hawaii and its Products," prepared by the Department of Business, Economic Development and Tourism, pursuant to S.C.R. No. 68 (2004). |
FILE |
|
72 |
Dated January 4, 2005, transmitting the Department of Taxation's Annual Report on Payments to the State by Electronic Funds Transfer, pursuant to Act 177, SLH 1997. |
FILE |
|
73 |
Dated January 4, 2005, transmitting the Annual Report on the Integrated Tax Information Management System, prepared by the Department of Taxation pursuant to Act 273, SLH 1996 and Act 155, SLH 1999. |
FILE |
|
74 |
Dated December 30, 2004, transmitting the 2004 Annual Report of the State Energy Resources Coordinator, prepared by the Department of Business, Economic Development and Tourism pursuant to Section 196-4 (11), HRS. |
FILE |
|
75 |
Dated November 30, 2004, transmitting a Report on the Enrollment and Financial Status of the Hawaii Rx Plus Program, prepared by the Department of Human Services, Med-QUEST Division, pursuant to Section 346-319, HRS. |
FILE |
|
76 |
Dated December 20, 2004, transmitting the Department of Human Resources Development's reports on all expenditures, including the number of claims for workers' compensation claim payments; statistics on the duration of payments made to claimants; statistics on the average compensation paid per claimant; and a breakdown of claims paid by department for fiscal year ending June 30, 2004; and the statistics and breakdown reports for Fiscal Year Ending June 30, 2003, pursuant to Act 41, Section 72, SLH 2004. |
FILE |
|
77 |
Submitting for consideration and confirmation to the Circuit Court of the Second Circuit, State of Hawaii, Gubernatorial Nominee, RICHARD THOMAS BISSEN, JR., for a term of ten years. |
JHW |
|
78 |
Submitting for consideration and confirmation to the Circuit Court of the Third Circuit, State of Hawaii, Gubernatorial Nominee, ELIZABETH ANN STRANCE, for a term of ten years. |
JHW |
|
Informing the Senate that on January 19, 2005, the following House Concurrent Resolutions were adopted in the House: |
REFERRAL |
|
|
1 |
H.C.R. No. 1 "RELATING TO RECESS DAYS FOR THE REGULAR SESSION OF 2005."(Determining the recess days of the 2005 Regular Session.) |
ADOPT |
|
2 |
H.C.R. No. 2 "REQUESTING THE GOVERNOR TO ADDRESS THE LEGISLATURE ASSEMBLED IN JOINT SESSION."(Requesting the Governor to Address the Legislature Assembled in Joint Session) |
ADOPT |
|
1 |
Final Report on S.R. No. 40, S.D. 2 (2004) "REQUESTING THE SENATE COMMITTEE ON HUMAN SERVICES TO CONVENE INTERIM HEARINGS ON THE MISUSE OF LEGAL INTERVENTIONS AVAILABLE TO THE FAMILY COURT." |
FILE |
ORDER OF THE DAY
Committee Hearing Schedule:
|
COMMITTEE |
DATE & TIME |
ROOM |
|
WAM |
1/20/2005 9:00 AM |
211 |
|
EIA |
1/20/2005 1:00 PM |
224 |
|
MAT |
1/20/2005 1:15 PM |
225 |