THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2005

 

THIRTY-NINTH DAY

March 30, 2005-Wednesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Senator Sam Slom

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 534-546

    2. G.M. NO.

    TITLE

    REFERRAL
         

    534

    Letter dated March 18, 2005, notifying the Senate that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Department of Education in the increased amount of $42,451.

    FILE
         

    535

    Letter dated March 22, 2005, notifying the Senate that she has approved the increase of expenditure levels and expenditure of non-appropriated federal funds for the Department of Transportation in the increased amount of $1,573,500.

    FILE
         

    536

    Letter dated March 22, 2005, notifying the Senate that she has approved the expenditure of federal funds in excess of levels authorized by the Legislature for the Natural Energy Laboratory of Hawaii (NELHA) in the Department of Business, Economic Development and Tourism in the increased amount of $410,000.

    FILE
         

    537

    Letter dated March 23, 2005, transmitting her proposed changes to H.B. No. 100, H.D. 1, and requesting the Senate's favorable consideration for those budget items.

    FILE
         

    538

    Letter dated March 23, 2005, notifying the Senate that she has approved the expenditure of non-appropriated federal funds for the Department of Transportation in the amount of $5,462,500.

    FILE
         

    539

    Letter dated March 23, 2005, notifying the Senate that she has approved the expenditure of non-appropriated federal funds for the Department of Transportation in the amount of $2,199,375.

    FILE
         

    540

    Letter dated March 23, 2005, notifying the Senate that she has approved the expenditure of non-appropriated federal funds for the Department of Transportation in the amount of $1,638,750.

    FILE
         

    541

    Letter dated March 23, 2005, notifying the Senate that she has approved the expenditure of non-appropriated federal funds for the Department of Transportation in the amount of $1,552,500.

    FILE
         

    542

    Letter dated March 23, 2005, acknowledging receipt of the Senate's letter dated March 18, 2005, expressing concern over the significant number of vacancies to be filled for boards and commissions and informing the Senate of her intent to transmit nominees for the remaining boards and commissions no later than April 21, 2005.

    FILE
         

    543

    Dated March 23, 2005, transmitting a Report on the Activities of the Deposit Beverage Container Program, prepared by the Department of Health pursuant to Act 176, Section 16, SLH 2002.

    FILE
         

    544

    Letter dated March 24, 2005, notifying the Senate that the decision of the arbitration panel for Bargaining Unit 11, represented by Hawaii Firefighters Association was received on February 15, 2004, and transmitting, for the Senate's consideration, a proposed Senate draft amending H.B. No. 260 in its entirety to fund the settlement.

    FILE
         

    545

    Letter dated March 28, 2005, notifying the Senate that she has approved the expenditure of non-appropriated federal funds for the Department of Transportation in the amount of $1,092,500.

    FILE
         

    546

    Letter dated March 28, 2005, notifying the Senate that she has approved the Hawaii State Public Library System's request to increase their appropriated federal fund ceiling in the amount of $1,000,000 funded from the Library Services and Technology Act, Public Law 104-208.

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: No(s). 360-361
    4.  

    Informing the Senate that on March 28, 2005, the following House Concurrent Resolution(s) were Adopted in the House:

    REFERRAL
         

    360

    H.C.R. No. 82

    "REQUESTING THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES OF AMERICA TO SUPPORT THE CONTINUED FUNDING OF THE DEEP OCEAN ASSESSMENT AND REPORTING OF TSUNAMI BUOYS."(Requesting congressional support for providing funding for the DART buoy system.)

    TGO/IGA
         

    361

    H.C.R. No. 83

    "REQUESTING THE INSURANCE DIVISION OF THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO CONDUCT A REVIEW OF THE NATIONAL CONFERENCE OF INSURANCE LEGISLATORS (NCOIL) PROPERTY-CASUALTY INSURANCE MODERNIZATION ACT AS AMENDED ON NOVEMBER 21, 2003."(Requesting Insurance Division of Department of Commerce and Consumer Affairs to conduct a review of the insurance modernization act approved by the NCOIL Executive Committee.)

    CPH
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Standing Committee Reports: No(s). 1284-1315

    7. 1284

    (48 Hrs. Notice)

    (WAM)

    H.B. No. 624, S.D. 1

    "MAKING AN EMERGENCY APPROPRIATION FOR COLLECTIVE BARGAINING COST ITEMS FOR PUBLIC EMPLOYEES."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1285

    (One Day Notice)

    (BED)

    G.M. No. 266

    "Submitting for consideration and confirmation to the Small Business Regulatory Review Board, Gubernatorial Nominee, DONALD DYMOND, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1285

    (One Day Notice)

    (BED)

    G.M. No. 267

    "Submitting for consideration and confirmation to the Small Business Regulatory Review Board, Gubernatorial Nominee, GEORGE J. HANDGIS, for a term to expire 06-30-2009."

    (Recommends Senate Consent to Nomination)
         
         

    1285

    (One Day Notice)

    (BED)

    G.M. No. 268

    "Submitting for consideration and confirmation to the Small Business Regulatory Review Board, Gubernatorial Nominee, NOELANI WHITTINGTON, for a term to expire 06-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    1285

    (One Day Notice)

    (BED)

    G.M. No. 269

    "Submitting for consideration and confirmation to the Small Business Regulatory Review Board, Gubernatorial Nominee, MICHAEL C. L. YEE, for a term to expire on 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1286

    (One Day Notice)

    (BED)

    G.M. No. 271

    "Submitting for consideration and confirmation to the Stadium Authority, Gubernatorial Nominee, MARVIN A. FONG, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1286

    (One Day Notice)

    (BED)

    G.M. No. 272

    "Submitting for consideration and confirmation to the Stadium Authority, Gubernatorial Nominee, ALEXANDER C. KANE, JR., for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1287

    (One Day Notice)

    (LBR)

    G.M. No. 194

    "Submitting for consideration and confirmation to the Hoisting Machine Operators Advisory Board, Gubernatorial Nominee, ROY SEIYEI AKAMINE, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1287

    (One Day Notice)

    (LBR)

    G.M. No. 195

    "Submitting for consideration and confirmation to the Hoisting Machine Operators Advisory Board, Gubernatorial Nominee, THOMAS S. VENDETTA, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1288

    (One Day Notice)

    (LBR)

    G.M. No. 394

    "Submitting for consideration and confirmation to the Board of Trustees of the Employees' Retirement System (ERS), Gubernatorial Nominee, ALTON T. KUIOKA, for a term to expire 01-01-2011."

    (Recommends Senate Consent to Nomination)
         
         

    1289

    (One Day Notice)

    (LBR)

    G.M. No. 147

    "Submitting for consideration and confirmation to the Board of Trustees of the Deferred Compensation Plan, Gubernatorial Nominee, KENNETH T. TAIRA, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1290

    (One Day Notice)

    (LBR)

    G.M. No. 303

    "Submitting for consideration and confirmation to the Hawaii Workforce Development Council, Gubernatorial Nominee, GLADYS C. BAISA, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1290

    (One Day Notice)

    (LBR)

    G.M. No. 304

    "Submitting for consideration and confirmation to the Hawaii Workforce Development Council, Gubernatorial Nominee, JEFFREY BLOOM, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1290

    (One Day Notice)

    (LBR)

    G.M. No. 305

    "Submitting for consideration and confirmation to the Hawaii Workforce Development Council, Gubernatorial Nominee, JONATHAN J. CHUN, for a term to expire 06-30-2009."

    (Recommends Senate Consent to Nomination)
         
         

    1290

    (One Day Notice)

    (LBR)

    G.M. No. 306

    "Submitting for consideration and confirmation to the Hawaii Workforce Development Council, Gubernatorial Nominee, ALAN L. GARSON Ed.D., for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1290

    (One Day Notice)

    (LBR)

    G.M. No. 307

    "Submitting for consideration and confirmation to the Hawaii Workforce Development Council, Gubernatorial Nominee, DENIS MACTAGONE, for a term to expire 06-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    1291

    (One Day Notice)

    (WAM)

    G.M. No. 274

    "Submitting for consideration and confirmation to the Board of Taxation Review, 1st Taxation District (Oahu), Gubernatorial Nominee, MICHAEL J. CHOI, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1292

    (One Day Notice)

    (WAM)

    G.M. No. 275

    "Submitting for consideration and confirmation to the Board of Taxation Review, 2nd Taxation District (Maui), Gubernatorial Nominee, ALAN K. BERNALDO, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1293

    (One Day Notice)

    (WAM)

    G.M. No. 276

    "Submitting for consideration and confirmation to the Board of Taxation Review, 3rd Taxation District (Hawaii), Gubernatorial Nominee, DWAYNE STEPHEN LERMA, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1294

    (One Day Notice)

    (WAM)

    G.M. No. 277

    "Submitting for consideration and confirmation to the Board of Taxation Review, 3rd Taxation District (Hawaii), Gubernatorial Nominee, CAROL P. WEIR, for a term to expire 06-30-2007."

    (Recommends Senate Consent to Nomination)
         
         

    1295

    (One Day Notice)

    (WAM)

    G.M. No. 278

    "Submitting for consideration and confirmation to the Board of Taxation Review, 4th Taxation District (Kauai), Gubernatorial Nominee, SANDRA L. DAY, MBA, CPA, Gubernatorial Nominee, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1295

    (One Day Notice)

    (WAM)

    G.M. No. 279

    "Submitting for consideration and confirmation to the Board of Taxation Review, 4th Taxation District (Kauai), Gubernatorial Nominee, ALBERT W. STIGLMEIER, for a term to expire 06-30-2007."

    (Recommends Senate Consent to Nomination)
         
         

    1296

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 119, H.D. 1

    "RELATING TO ELECTIONS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1297

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 313

    "RELATING TO 911 EMERGENCY SERVICE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1298

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 320, H.D. 1, S.D. 1

    "RELATING TO FINANCIAL DISCLOSURE STATEMENTS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1299

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 494

    "RELATING TO TRAFFIC INFRACTIONS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1300

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 806, H.D. 1, S.D. 1

    "RELATING TO CRIMINAL TRESPASS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1301

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 894

    "RELATING TO ELECTIONS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1302

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 1221

    "RELATING TO STATUTORY REVISION: AMENDING, REENACTING, OR REPEALING VARIOUS PROVISIONS OF THE HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, CLARIFYING LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1303

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 496

    "RELATING TO PETTY MISDEMEANORS."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1304

    (HTH/CPH)

    S.C.R. No. 30, S.D. 1

    "REQUESTING AN ASSESSMENT OF THE COST TO INSURE A GROUP HEALTH INSURANCE PLAN FOR THE STATE OF HAWAII BASED ON A RISK POOL EQUIVALENT TO THE STATE'S POPULATION."

    (Recommends referral to WAM)
         
         

    1305

    (HTH/CPH)

    S.C.R. No. 28, S.D. 1

    "REQUESTING THE AUDITOR TO ASSESS THE SOCIAL AND FINANCIAL EFFECTS OF REQUIRING HEALTH INSURERS TO OFFER COVERAGE FOR INITIAL MEDICAL VISITS AND PSYCHOLOGICAL ASSESSMENTS, EVEN WHEN SUCH MEDICAL VISITS AND PSYCHOLOGICAL ASSESSMENTS MAY INCLUDE PREVIOUSLY UNDIAGNOSED MEDICAL AND PSYCHOLOGICAL CONDITIONS."

    (Recommends referral to WAM)
         
         

    1306

    (One Day Notice)

    (JHW)

    J.C. No. 1

    "Submitting for consideration and confirmation to the District Court of the First Circuit, Judicial Nominee EDWIN C. NACINO."

    (Recommends Senate Consent to Nomination)
         
         

    1307

    (TGO)

    H.C.R. No. 57, S.D. 1

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION REVIEW STATE AIRPORT AND HARBOR FEES AND ADJUST THESE FEES AS NECESSARY."

    (Recommends referral to WAM)
         
         

    1308

    (One Day Notice)

    (CPH/BED)

    S.C.R. No. 18

    "REQUESTING A REVIEW OF THE NATIONAL CONFERENCE OF INSURANCE LEGISLATORS PROPERTY/CASUALTY INSURANCE MODERNIZATION ACT."

    (Recommends Adoption)
         
         

    1309

    (48 Hrs. Notice)

    (EDM)

    H.B. No. 8, H.D. 1

    "RELATING TO MILITARY SERVICE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1310

    (48 Hrs. Notice)

    (CPH)

    H.B. No. 644, H.D. 1, S.D. 1

    "RELATING TO POOLED INSURANCE."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1311

    (48 Hrs. Notice)

    (CPH)

    H.B. No. 785, H.D. 1, S.D. 1

    "RELATING TO MORTGAGE FORECLOSURES."

    (Recommends passage on SECOND READING and placement on the calendar for Third Reading)
         
         

    1312

    (TGO/IGA)

    S.C.R. No. 67

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO EXPEDITE ITS NEGOTIATIONS WITH HAWAII SUPERFERRY INC., AND REPORT BACK TO THE LEGISLATURE."

    (Recommends referral to WAM)
         
         

    1313

    (TGO/IGA)

    S.R. No. 39

    "ESTABLISHING HAWAII'S BILL OF RIGHTS DAY ON DECEMBER 15 ANNUALLY."

    (Recommends referral to JHW)
         
         

    1314

    (TGO/IGA)

    H.C.R. No. 51

    "REQUESTING THE OAHU METROPOLITAN PLANNING ORGANIZATION TO STUDY THE FEASIBILITY OF AN ALTERNATE ROUTE OF INGRESS TO AND EGRESS FROM MILILANI MAUKA."

    (Recommends referral to WAM)
         
         

    1315

    (TGO/IGA)

    H.C.R. No. 7

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO INCLUDE A REVIEW OF THE ECONOMIC FEASIBILITY OF CONSTRUCTING A FIXED RAIL SYSTEM AROUND THE ISLAND OF HAWAII IN THE HAWAII LONG RANGE LAND TRANSPORTATION PLAN."

    (Recommends referral to WAM)
         
         
         

    ORDER OF THE DAY

  7. Deferred Matters - Third Reading

    8. (See Stand. Com. Rep. No. 1110)

    H.B. No. 79

    "RELATING TO SPECIAL NUMBER PLATES." - (TGO/IGA)

    (Special number license plates)

     

     

     

     

     

     

     

     

  8. Re-Referrals

    9. RE-REFERRALS FOR WEDNESDAY, MARCH 30, 2005
         

    G.M. NO.

    TITLE

    RE-REFERRAL
         

    512

    Submitting for consideration and confirmation to the Radiologic Technology Board, Gubernatorial Nominee, LORI H. O. KAMIKAWA, for a term to expire 06-30-2009.

    (Radiologic Technology Board) (CPH)

    HTH
         

    513

    Submitting for consideration and confirmation to the Submitting for consideration and confirmation to the Radiologic Technology Board, Gubernatorial Nominee, VICTORY KNEISLEY, for a term to expire 06-30-2009.

    (Radiologic Technology Board) (CPH)

    HTH
         

    514

    Submitting for consideration and confirmation to the Submitting for consideration and confirmation to the Radiologic Technology Board, Gubernatorial Nominee, MARJORIE M. KUNIYOSHI, for a term to expire 06-30-2008.

    (Radiologic Technology Board) (CPH)

    HTH
         

    515

    Submitting for consideration and confirmation to the Submitting for consideration and confirmation to the Radiologic Technology Board, Gubernatorial Nominee, MARK MONIZ, for a term to expire 06-30-2009.

    (Radiologic Technology Board) (CPH)

    HTH
         

    516

    Submitting for consideration and confirmation to the Submitting for consideration and confirmation to the Radiologic Technology Board, Gubernatorial Nominee, STEIN ERIK RAFTO MD, for a term to expire 06-30-2009.

    (Radiologic Technology Board) (CPH)

    HTH
         

    H.B. NO.

    TITLE

    RE-REFERRAL
         

    109, H.D. 1, S.D. 1

    RELATING TO LAND USE COMMISSION.

    (Land Use; Farm Dwellings; Rural Districts) (WLA/CPH, JHW)(WLA, JHW)

    WLA, JHW/WAM
         

    S.C.R. NO.

    TITLE

    RE-REFERRAL
         

    99

    EXPRESSING THE LEGISLATURE'S CONCERN OVER THE TRANSFER OF FUNDS FROM THE VERIZON HAWAII PENSION PLAN TO VERIZON COMMUNICATIONS, INC. UPON COMPLETION OF THE SALE OF VERIZON HAWAII, INC.

    (Verizon Hawaii; Pension Plan Overfunding) (CPH/LBR)

    LBR/CPH, WAM
         

    213

    REQUESTING COORDINATION BY STATE AND COUNTY REGULATORY AGENCIES WITH RESPECT TO THE MANAGEMENT OF GENETICALLY MODIFIED ORGANISMS (GMO) RELATING TO HEALTH, AGRICULTURE, AND THE ENVIRONMENT.

    (Genetically Modified Organisms (GMO); Coordination of state and county regulatory agencies) (WLA/HTH/IGA)

    WLA/IGA
         

    224

    SUPPORTING THE EFFORTS OF THE HAWAII BIOTECH POLICY FORUM TO CONVENE KEY STAKEHOLDERS ON THE USE OF GENETICALLY ENGINEERED CROPS IN HAWAII.

    (Genetically Engineered Crops; Hawaii Biotech Policy Forum.) (MAT/WLA)

    WLA/MAT
         

    S.R. NO.

    TITLE

    RE-REFERRAL
         

    121

    REQUESTING COORDINATION BY STATE AND COUNTY REGULATORY AGENCIES WITH RESPECT TO THE MANAGEMENT OF GENETICALLY MODIFIED ORGANISMS (GMO) RELATING TO HEALTH, AGRICULTURE, AND THE ENVIRONMENT.

    (Genetically Modified Organisms (GMO); Coordination of state and county regulatory agencies) (WLA/HTH/IGA)

    WLA/IGA
         

    129

    SUPPORTING THE EFFORTS OF THE HAWAII BIOTECH POLICY FORUM TO CONVENE KEY STAKEHOLDERS ON THE USE OF GENETICALLY ENGINEERED CROPS IN HAWAII.

    (Genetically Engineered Crops; Hawaii Biotech Policy Forum.) (MAT/WLA)

    WLA/MAT
         
         
  9. Miscellaneous Communications: None
  10. Miscellaneous Business
  11. Announcements

    12. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    CPH

    3/30/2005 9:00 AM

    016

    JHW

    3/30/2005 9:00 AM

    229

    EDM

    3/30/2005 1:15 PM

    225

    BED/EIA

    3/30/2005 1:30 PM

    414

    HTH

    3/30/2005 2:45 PM

    016

    HTH/CPH

    3/30/2005 2:45 PM

    016

    WLA

    3/30/2005 2:45 PM

    212

    CPH

    3/31/2005 9:00 AM

    016

    WAM

    3/31/2005 9:00 AM

    211

    HRE/HTH

    3/31/2005 1:15 PM

    212

    HRE/HTH/MAT

    3/31/2005 1:15 PM

    212

    MAT/TGO

    3/31/2005 1:45 PM

    225

    HMS/IGA

    3/31/2005 2:45 PM

    225

    JHW

    4/1/2005 9:00 AM

    229

    WAM

    4/1/2005 9:30 AM

    211

    WAM

    4/1/2005 9:45 AM

    211

    EDM/HMS

    4/1/2005 1:15 PM

    225

    BED/IGA/MAT

    4/1/2005 1:30 PM

    414

    HMS/LBR

    4/1/2005 2:45 PM

    229

    IGA

    4/1/2005 2:45 PM

    212

    WLA/IGA

    4/1/2005 2:45 PM

    212

    WLA/BED/MAT

    4/1/2005 3:30 PM

    212

    EDM/IGA

    4/4/2005 1:15 PM

    225

    TGO

    4/4/2005 1:15 PM

    224

    HTH/TGO

    4/4/2005 2:45 PM

    016

    HTH/MAT

    4/4/2005 2:45 PM

    016

    WAM

    4/5/2005 10:00 AM

    211

    WAM

    4/5/2005 10:15 AM

    211

    TGO

    4/6/2005 1:15 PM

    224

    EDM/HMS/IGA

    4/6/2005 1:45 PM

    225

    CPH

    4/7/2005 9:00 AM

    016

    CPH

    4/8/2005 9:00 AM

    016

    JHW/WLA

    4/15/2005 9:00 AM

    229

  12. Adjournment