THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2005

 

FIFTY-SIXTH DAY

April 27, 2005-Wednesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Mr. Dennis Brown

Big Brothers Big Sisters of Honolulu

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 839-847

    2. G.M. NO.

    TITLE

    REFERRAL
         

    839

    Informing the Senate that on April 26, 2005, the Governor signed the following bill into law: HB1118 (Act 30)

    FILE
         

    840

    Informing the Senate that on April 26, 2005, the Governor signed the following bill into law: SB1802, SD1 (Act 31)

    FILE
         

    841

    Letter dated April 21, 2005, notifying the Senate that the decision of the arbitration panel for Bargaining Units 2, 3, 4, 6, 8, and 13, represented by Hawaii Government Employees Association was received on April 15, 2005, and transmitting a proposed conference draft amending H.B. No. 263 in its entirety to fund the settlement.

    FILE
         

    842

    Letter dated April 21, notifying the Senate that the decision of the arbitration panel for Bargaining Unit 9, represented by Hawaii Government Employees Association (HGEA) was received on April 15, 2005, and transmitting a proposed conference draft amending H.B. No. 258 in its entirety to fund the settlement.

    FILE
         

    843

    Letter dated April 25, 2005, notifying the Senate that the Hawaii State Teachers Association and the employer entered into a tentative agreement concerning Bargaining Unit 5 on April 23, 2005; transmitting summaries of the included and excluded requirements of the settlement for the upcoming fiscal biennium in anticipation of the union ratification to facilitate meeting the legislative timetable; and transmitting a proposed conference draft amending H.B. No. 254 that will become effective July 1, 2005.

    FILE
         

    844

    Letter dated April 26, 2005, notifying the Senate that the United Public Workers and the employer entered into a tentative agreement concerning Bargaining Units 1 and 10 on April 23, 2005; transmitting summaries of the included and excluded requirements of the settlement for the upcoming fiscal biennium in anticipation of the union ratification to facilitate meeting the legislative timetable; and transmitting a proposed conference draft amending H.B. No. 250 in its entirety to fund the settlement.

    FILE
         

    845

    Letter dated April 26, 2005, notifying the Senate that the decision of the arbitration panel for Bargaining Units 2, 3, 4, 6, 8, 9, and 13, represented by Hawaii Government Employees Association (HGEA) was received on April 15, 2005, and transmitting a proposed conference draft amending H.B. No. 1599 in its entirety to fund HEUHBTF costs.

    FILE
         

    846

    Informing the Senate that on April 26, 2005, the Governor has withdrawn ANDREW K. ARCE, Gubernatorial Nominee to the Molokai Irrigation System Water Users Advisory Board (GM762) and KARL P. ESPALDON, Gubernatorial Nominee to the Hawai`i Commission for National and Community Service (GM491) from consideration by the Senate.

    FILE
         

    847

    Informing the Senate that on April 26, 2005, the Governor has withdrawn BERTON HAMAMOTO CRB, CRS, Gubernatorial Nominee to the Board of Land and Natural Resources (GM627) and JAMES M. LOWSON, Gubernatorial Nominee to the Board of Land and Natural Resources (GM628) from consideration by the Senate.

    FILE
         
         
         
  2. Departmental Communications: No(s). 35

    3. D.C. NO.

    TITLE

    REFERRAL
         

    35

    From the State Auditor dated April 26, 2005, transmitting a report, "Audit of the Office of Hawaiian Affairs," (Report No. 05-03).

    FILE
         
         
  3. House Communications: No(s).: 742-748
    4.  

    Informing the Senate that on April 26, 2005, the House has agreed to the amendments proposed by the Senate and that said bill(s) has passed Final Reading in the House:

    REFERRAL
         

    742

    H.B. No. 155, H.D. 1, S.D. 1

    "RELATING TO TIME SHARING."(Time Sharing Omnibus)

    FILE
         

    743

    H.B. No. 516, H.D. 2, S.D. 1

    "RELATING TO EMERGENCY HEALTH POWERS."(Emergency Response Stockpile; CBRNE Events and Public Health Emergencies)

    FILE
         

    744

    H.B. No. 683, H.D. 1, S.D. 2

    "MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HEALTH FOR THE ADULT MENTAL HEALTH DIVISION."(Emergency Appropriation)

    FILE
         
     

    Informing the Senate that on April 26, 2005, the House reconsidered its action in disagreeing to the amendments made by the Senate to the following bills:

    		  
         

    745

    H.B. No. 685, S.D. 1

    "RELATING TO WIRELESS ENHANCED 911 SERVICE."(Wireless Enhanced 911 Service)

    FILE
         

    746

    H.B. No. 835, H.D. 2, S.D. 1

    "RELATING TO TIME SHARING PLANS."(Time Share; Disclosure; Signage; Prohibited Acts)

    FILE
         

    747

    H.B. No. 1015, H.D. 2, S.D. 1

    "RELATING TO THE DEPOSIT BEVERAGE CONTAINER PROGRAM."(Deposit Beverage Container Program; Passenger Vessel; Exemption)

    FILE
         

    748

    H.B. No. 1666, H.D. 1, S.D. 1

    "RELATING TO STATE FUNDS."(Security at Hawaii Health Systems Corporation Hospitals)

    FILE
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Conference Committee Reports: Nos. 4-8, 51-55

    7. 4

    (48 Hrs. Notice)

    S.B. No. 1843, S.D. 1, H.D. 2, C.D. 1

    "RELATING TO PROCUREMENT."

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

    5

    (48 Hrs. Notice)

    S.B. No. 761, S.D. 2, H.D. 1, C.D. 1

    "RELATING TO MENTAL HEALTH."

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

    6

    (48 Hrs. Notice)

    S.B. No. 122, S.D. 1, H.D. 3, C.D. 1

    "RELATING TO PATIENT SAFETY."

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

    7

    (48 Hrs. Notice)

    S.B. No. 1003, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO NET ENERGY METERING."

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

    8

    (48 Hrs. Notice)

    S.B. No. 1903, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO THE SEAWATER AIR CONDITIONING."

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

    51

    (48 Hrs. Notice)

    H.B. No. 295, H.D. 2, S.D. 2, C.D. 1

    "RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING."

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

    52

    (48 Hrs. Notice)

    H.B. No. 1320, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO EMERGENCY 911."

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

    53

    (48 Hrs. Notice)

    H.B. No. 606, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO STANDARDS FOR NET METERED RENEWABLE ENERGY SYSTEMS."

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

    54

    (48 Hrs. Notice)

    H.B. No. 712, H.D. 2, S.D. 2, C.D. 1

    "RELATING TO VIOLATIONS OF CHAPTER 6E. "

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

    55

    (48 Hrs. Notice)

    H.B. No. 864, S.D. 1, C.D. 1

    "RELATING TO COUNTIES."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       
       
  7. Standing Committee Reports: No(s). 1825-1835

    8. 1825

    (One Day Notice)

    (EIA)

    G.M. No. 705

    "Submitting for consideration and confirmation to the Environmental Council, Gubernatorial Nominee, JAMES J. RODRIGUES, for a term to expire 06-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    1826

    (One Day Notice)

    (EIA)

    G.M. No. 790

    "Submitting for consideration and confirmation to the Board of Certification of Public Water System Operators, Gubernatorial Nominee, JEFFREY T. PEARSON, for a term to expire 06-30-2009."

    (Recommends Senate Consent to Nomination)
         
         

    1827

    (One Day Notice)

    (WLA)

    H.C.R. No. 165

    "SUPPORTING ESTATE GROWN HAWAII NONI AND ENCOURAGING CONSUMERS TO PURCHASE AND SUPPORT ESTATE GROWN HAWAII NONI AND THE LOCAL NONI INDUSTRY."

    (Recommends Adoption)
         
         

    1828

    (One Day Notice)

    (HMS)

    H.C.R. No. 58

    "REQUESTING A FISCAL AND MANAGEMENT AUDIT OF THE DEPARTMENT OF HUMAN SERVICES' USE OF FEDERAL TEMPORARY ASSISTANCE TO NEEDY FAMILIES FUNDS."

    (Recommends Adoption)
         
         

    1829

    (HMS/IGA)

    H.C.R. No. 105

    "URGING THE VARIOUS COUNTY COUNCILS TO PROVIDE RELIEF TO RESIDENTS ON FIXED INCOMES WHO ARE UNABLE TO AFFORD HIGHER PROPERTY TAXES."

    (Recommends referral to WAM)
         
         

    1830

    (One Day Notice)

    (HMS)

    H.C.R. No. 175, H.D. 1

    "REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO IMPLEMENT A PILOT PUBLIC-PRIVATE PARTNERSHIP PROGRAM WITH THE HAWAII ASSOCIATION OF INDEPENDENT SCHOOLS AND HAWAII CATHOLIC SCHOOLS DEPARTMENT WITH THE GOAL OF ALLOWING THE HAWAII ASSOCIATION OF INDEPENDENT SCHOOLS AND HAWAII CATHOLIC SCHOOLS DEPARTMENT TO SELF-REGULATE AND MANAGE THEIR PRIVATE PRESCHOOLS." (AMENDED TITLE)

    (Recommends Adoption)
         
         

    1831

    (One Day Notice)

    (HMS/HTH)

    H.C.R. No. 277

    "REQUESTING A ONE-YEAR EXTENSION OF THE STATEWIDE INTERAGENCY TASK FORCE TO CONTINUE TO DEVELOP A PLAN FOR COORDINATION AND EXPANSION OF SERVICES PROVIDED THROUGH HEALTHY START TO YOUNG CHILDREN AND THEIR FAMILIES."

    (Recommends Adoption)
         
         

    1832

    (One Day Notice)

    (HMS)

    H.C.R. No. 278

    "REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO POST TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BUDGET INFORMATION ON ITS WEBSITE FOR PUBLIC REVIEW."

    (Recommends Adoption)
         
         

    1833

    (One Day Notice)

    (LBR)

    G.M. No. 477

    "Submitting for consideration and confirmation to the Hoisting Machine Operators Advisory Board, Gubernatorial Nominee, RALPH CUSHNIE, for a term to expire 06-30-2009."

    (Recommends Senate Consent to Nomination)
         
         

    1834

    (One Day Notice)

    (LBR)

    H.C.R. No. 270, H.D. 1

    "REQUESTING A REPORT ON CIVIL SERVICE EXEMPT POSITIONS IN EACH EMPLOYING STATE JURISDICTION."

    (Recommends Adoption)
         
         

    1835

    (One Day Notice)

    (LBR/HMS)

    H.C.R. No. 265, H.D. 1

    "REQUESTING THE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT TO REINSTATE THE SOCIAL WORKER SERIES IN ITS CLASSIFICATION AND COMPENSATION PLAN." (AMENDED TITLE)

    (Recommends Adoption)
         
         
         

    ORDER OF THE DAY
  8. Advise and Consent

    9. 1816

    HMS

    G.M. No. 651

    "Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, JANE KNOX, for a term to expire 06-30-2009."
         
         

    1816

    HMS

    G.M. No. 652

    "Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, LARRY M. LITTLETON, for a term to expire 06-30-2009."
         
         

    1816

    HMS

    G.M. No. 653

    "Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, KRISTINE K. H. PAGANO, for a term to expire 06-30-2009."
         
         

    1817

    WLA

    G.M. No. 629

    "Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee, THOMAS CONTRADES, for a term to expire 06-30-2009."
         
         

    1817

    WLA

    G.M. No. 630

    "Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee, DUANE KANUHA, for a term to expire 06-30-2009."
         
         

    1817

    WLA

    G.M. No. 631

    "Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee, RANSOM A.K. PILTZ, for a term to expire 06-30-2006."
         
         
         

     

     

     

     

  9. Adopt Resolutions

    10. 1818

    WLA

    H.C.R. No. 262, H.D. 1

    "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO ESTABLISH A TRAINING PROGRAM IN CONJUNCTION WITH THE LOCAL REAL ESTATE APPRAISER'S NATIONAL ORGANIZATION AS PART OF THEIR PROFESSIONAL EDUCATIONAL SEMINARS TO TRAIN REAL ESTATE APPRAISERS TO USE THE INCOME CAPITALIZATION APPROACH TO SET LEASE RENT RATES FOR STATE AGRICULTURAL LEASE REOPENING."
         
         

    1819

    WLA

    H.C.R. No. 293, H.D. 1

    "URGING THE COMMISSION ON WATER RESOURCE MANAGEMENT TO FULFILL ITS CONSTITUTIONAL AND STATUTORY MANDATE TO PROTECT PUBLIC TRUST INSTREAM USES."
         
         

    1820

    HTH/HMS

    H.C.R. No. 40, H.D. 1

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

    1821

    HTH/HMS

    H.C.R. No. 95

    "URGING THE STATE TO RECOGNIZE THE IMPORTANCE OF THE CONTRIBUTIONS OF FAMILY CAREGIVERS AND TO SUPPORT THEM TO THE EXTENT POSSIBLE IN SERVING THE LONG-TERM CARE NEEDS OF THE STATE'S RESIDENTS."
         
         

    1822

    HTH/HMS

    H.C.R. No. 96

    "URGING THE DEPARTMENT HEALTH AND THE DEPARTMENT OF HUMAN SERVICES TO DEVELOP METHODS TO SUPPORT FAMILY CAREGIVERS WHO PROVIDE AT-HOME CARE TO QUALIFIED RELATIVES."
         
         

    1823

    HTH

    H.C.R. No. 99

    "URGING THE DESIGNATION OF ALL OF HAWAII'S AIRPORTS AS SMOKE-FREE AREAS FROM AIRPLANE CABIN TO AIRPORT CURB."
         
         

    1824

    HTH

    H.C.R. No. 255, H.D. 2

    "ESTABLISHING AN INTERIM TASK FORCE ON THE ACCESSIBILITY OF MENTAL HEALTH CARE TO CONSIDER THE FEASIBILITY OF THE STATE AUTHORIZING TRAINED AND SUPERVISED PSYCHOLOGISTS TO SAFELY PRESCRIBE PSYCHOTROPIC MEDICATIONS FOR THE TREATMENT OF MENTAL ILLNESS." (AMENDED TITLE)
         
         
         

     

     

     

  10. Miscellaneous Communications: None
  11. Miscellaneous Business

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

    S.C.R. No. 7, H.D. 1

    HTH

    REQUESTING THE DEVELOPMENT OF A STATEWIDE STRATEGIC PLAN TO PROMOTE OBESITY PREVENTION AND HEALTHY LIFESTYLES.

    S.C.R. No. 106, S.D. 2, H.D. 1

    TGO, WAM

    CONVENING A JOINT LEGISLATIVE TASK FORCE TO REVIEW AND MAKE RECOMMENDATIONS CONCERNING THE HAWAII PUBLIC PROCUREMENT CODE..

    S.C.R. No. 221, S.D. 1, H.D. 1

    TGO

    REQUESTING THE DEPARTMENT OF TRANSPORTATION TO UPDATE THE HAWAII COMMERCIAL HARBORS 2020 MASTER PLAN; ESTABLISH A CENTRALIZED STATEWIDE CARGO AND PASSENGER SHIP ARRIVAL AND DEPARTURE SCHEDULING SYSTEM TO COORDINATE AND IMPROVE THE EFFICIENCY OF SHIP MOVEMENT AMONG THE HARBORS OF THE STATE; AND CONDUCT A COMPREHENSIVE STUDY OF CURRENT AND ANTICIPATED HARBOR USES ON OAHU TO IMPROVE HARBOR EFFICIENCY AND EFFECTIVENESS.
  12. Announcements

    13. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    TGO

    4/27/2005 9:30 AM

    224

    BED/MAT

    4/27/2005 10:30 AM

    414

    LBR

    4/27/2005 10:30 AM

    225

    HRE

    4/27/2005 2:00 PM

    Auditorium

    WLA

    4/27/2005 2:45 PM

    414

    CPH

    4/28/2005 9:00 AM

    016

    CPH

    4/28/2005 9:30 AM

    016

    JHW

    4/29/2005 9:00 AM

    407

  13. Adjournment