THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2006

 

FIFTH DAY

January 25, 2006-Wednesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Senator Will Espero

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 149-202
  2. G.M. NO.

    TITLE

    REFERRAL

         

    149

    Dated December 20, 2005, transmitting a report on the reporting requirements of Act 178, SLH 2005.

    FILE

         

    150

    Dated December 22, 2005, 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, 2005, pursuant to Act 41, Section 72, SLH 2004.

    FILE

         

    151

    Dated December 27, 2005, 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.

    FILE

         

    152

    Dated December 27, 2005, transmitting a Report on Receipts and Expenditures of the Antitrust Trust Fund for Fiscal Year 2004-2005, prepared by the Department of the Attorney General pursuant to Section 28-13, HRS.

    FILE

         

    153

    Dated December 28, 2005, transmitting the 2005 Annual Report of the Office of Information Practices.

    FILE

         

    154

    Dated December 28, 2005, transmitting the Annual Report on the Efforts to Increase the Number of High-Skilled Jobs in Targeted Industry Clusters in 2005, prepared by the Department of Business, Economic Development and Tourism pursuant to Act 148, SLH 2003.

    FILE

         

    155

    Dated December 29, 2005, transmitting a report prepared by the Department of Human Resources Development pursuant to H.R. No. 198 (2005) on the number of less than full-time public employees that are ineligible for health benefits.

    FILE

         

    156

    Letter Dated December 29, 2005, informing the Senate that pursuant to Act 253, Sections 119 and 120, SLH 2000, the Department of Human Resources Development reports that there was no election of Separation Incentives by any employee affected by Reduction-in-Force (RIF) in the Executive Branch for the 2005 calendar year and that during the calendar year 2005, two members of civil service in permanent appointments were served official notices of RIF.

    FILE

         

    157

    Dated December 29, 2005, transmitting a Report on the Study of Parity Between Occupational Therapists, Physical Therapists and Speech Pathologists Working Within the Department of Education, prepared by the Department of Human Resources Development pursuant to H.C.R. No. 203 (2004).

    FILE

         

    158

    Dated December 29, 2005, transmitting a report prepared by the Housing and Community Development Corporation of Hawaii, pursuant to Act 227, Section 9, SLH 2002, which puts into place streamlined public housing eviction procedures.

    FILE

         

    159

    Dated December 29, 2005, transmitting a Report Relating to the Reorganization of the State's Housing Functions, prepared by the Housing and Community Development Corporation of Hawaii pursuant to Act 196, SLH 2005.

    FILE

         

    160

    Dated December 29, 2005, transmitting a Report on the Assessment of Central Data Center Business Continuity and Disaster Recovery Strategies, prepared by Gartner for the Department of Accounting and General Services pursuant to Act 178, Section 78, SLH 2005.

    FILE

         

    161

    Dated December 29, 2005, transmitting the 2006 Report on Positions Exempted from the Civil Service, prepared by the Department of Human Resources Development pursuant to H.C.R. No. 270 (2005).

    FILE

         

    162

    Dated December 16, 2005, transmitting the Crime Victim Compensation Commission's Annual Report for July 1, 2004 - June 30, 2005, prepared by the Department of Public Safety pursuant to 351-70, HRS.

    FILE

         

    163

    Dated December 21, 2005, transmitting the Annual Report of the Hawaii Civil Rights Commission for Fiscal Year Ending June 30, 2005 pursuant to Section 317-7, HRS.

    FILE

         

    164

    Dated December 28, 2005, transmitting the Department of Taxation's Report Regarding the Department's Goals and Objectives, pursuant to Act 100, SLH 1999.

    FILE

         

    165

    Dated December 28, 2005, transmitting a Report Relating to Diversified Agriculture Industry, prepared by the Department of Agriculture, Plant Industry Division pursuant to S.C.R. No. 28 (2005).

    FILE

         

    166

    Dated December 28, 2005, transmitting a Report on Deployed Positions, pursuant to Act 178, Section 164, SLH 2005.

    FILE

         

    167

    Dated December 29, 2005, transmitting the Annual Evaluation of the Hawaii Unemployment Compensation Fund, prepared by the Department of Labor and Industrial Relations pursuant to Section 383-126.5, HRS.

    FILE

         

    168

    Dated December 29, 2005, transmitting a Report on the Employment and Training Fund Program for Program Year 2004 - 2005, prepared by the Department of Labor and Industrial Relations, Workforce Development Division.

    FILE

         

    169

    Dated December 29, 2005, transmitting a Report of Contested Cases from July 1, 2004 - June 30, 2005, prepared by the Department of Labor and Industrial Relations, Occupational Safety and Health Division pursuant to Section 396-11, HRS.

    FILE

         

    170

    Dated December 29, 2005, transmitting a Report on Non-General Fund Information 2004 - 2005, prepared by the Department of Labor and Industrial Relations

    FILE

         

    171

    Dated December 29, 2005, transmitting the Hoisting Machine Operators' Advisory Board Annual Report for Fiscal Year 2004-2005.

    FILE

         

    172

    Dated December 29, 2005, transmitting the Hawaii Labor Relations Board Annual Report for Fiscal Year 2004 - 2005 and reflecting the status of the Board on June 30, 2005, pursuant to Section 89-5, HRS.

    FILE

         

    173

    Dated December 29, 2005, transmitting a report regarding the streamlined sales tax project, prepared by the Department of Taxation pursuant to Act 3, SLH 2005.

    FILE

         

    174

    Dated December 30, 2005, transmitting a Report Relating to Medicaid Managed Care Plans, prepared by the Department of Human Services, Med-QUEST Division pursuant to Act 4, Special Session 2005.

    FILE

         

    175

    Dated December 30, 2005, transmitting the Department of Human Services' Annual Report for Fiscal Year 2005.

    FILE

         

    176

    Dated January 4, 2006, transmitting the Department of Taxation's Annual Report on Payments to the State by Electronic Funds Transfer, pursuant to Act 177, SLH 1997 as amended by Act 44, SLH 2001.

    FILE

         

    177

    Dated January 4, 2006, 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

         

    178

    Dated December 27, 2005, transmitting the Department of Business, Economic Development, and Tourism's Feasibility Study, pursuant to S.C.R. No. 155 (2005), requesting that the Department of Business, Economic Development, and Tourism and the Hawaii Tourism Authority convene a work group of interested parties to examine the feasibility of hosting an International Pacific Youth Baseball League Championship Tournament in the State.

    FILE

         

    179

    Dated December 27, 2005, transmitting the Hawaii State Public Library Systems' Annual Report for Fiscal Year Ending June 30, 2005, 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

         

    180

    Dated December 29, 2005, transmitting a Progress Report: Noise Level Study for Residential Areas Adjacent to the H-1 Freeway, prepared by the Department of Transportation pursuant to Act 178, Section 16, SLH 2005.

    FILE

         

    181

    Dated December 29, 2005, transmitting the Annual Report of the Stadium Authority Stadium Special Fund Statement of Receipts, Expenditures and Transfers for Fiscal Year Ended June 30, 2005, prepared by the Department of Accounting and General Services pursuant to Section 109-3, HRS.

    FILE

         

    182

    Dated December 29, 2005, transmitting a Report Relating to Government Operations, prepared by the Department of Transportation pursuant to Act 100, Section 7, SLH 1999.

    FILE

         

    183

    Dated December 29, 2005, transmitting the 2005 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

         

    184

    Dated December 29, 2005, transmitting a Report of the Hawaii Health Care Task Force, prepared by the Hawaii Uninsured Project for the Department of Commerce and Consumer Affairs, Insurance Division, pursuant to Act 223, SLH 2005.

    FILE

         

    185

    Dated January 4, 2006, transmitting the Hawaii Employer-Union Health Benefits Trust Fund's Annual Report for Fiscal Year Ending June 30, 2005.

    FILE

         

    186

    Dated January 5, 2006, transmitting the Report of the Insurance Commissioner of Hawaii 2005, prepared by the Department of Commerce and Consumer Affairs pursuant to Section 431:2-211, HRS.

    FILE

         

    187

    Dated January 9, 2006, transmitting the Department of Accounting and General Services' Uniform Statewide Building Code Task Force Report and Recommendations, pursuant to S.C.R. No. 17 (2005).

    FILE

         

    188

    Dated January 9, 2006, transmitting a Report on Land Dispositions Made of Public Lands for Calendar Year 2005, prepared by the Department of Land and Natural Resources pursuant to Section 171-29, HRS.

    FILE

         

    189

    Dated December 15, 2005, transmitting the Annual Report of the Activities of the Board of Certification of Operating Personnel in Wastewater Treatment Facilities, prepared by the Department of Health pursuant to Section 340B-12, HRS.

    FILE

         

    190

    Dated December 22, 2005, transmitting the Annual Report on the Activities Under the Neurotrauma Special Fund, prepared by the Department of Health pursuant to Section 321H-4, HRS.

    FILE

         

    191

    Dated January 9, 2006, transmitting a report prepared by the Department of Health, Executive Office on Aging, pursuant to S.C.R. No. 79 (2005), requesting the convening of a task force to facilitate the establishment of naturally occurring retirement communities in Hawaii.

    FILE

         

    192

    Dated January 9, 2006, transmitting the Department of Agriculture's Annual Report for Fiscal Year 2004.

    FILE

         

    193

    Dated January 9, 2006, transmitting a Report Relating to Home and Community-Based Services, prepared by the Department of Human Services, Social Services Division pursuant to Act 153, SLH 2004.

    FILE

         

    194

    Dated January 9, 2006, transmitting a report prepared by the Department of Health, pursuant to S.C.R. No. 197 (2005), requesting the Director of Health to convene a medical marijuana working group to make recommendations to improve Hawaii's medical marijuana program.

    FILE

         

    195

    Dated January 9, 2006, transmitting the Report on the Status of the Environmental Health Education Fund, prepared by the Department of Health pursuant to Section 321-27, HRS.

    FILE

         

    196

    Dated January 9, 2006, transmitting the Annual Audit Report of the Sanitation Branch, prepared by the Department of Health, pursuant to Section 321-27.5, HRS.

    FILE

         

    197

    Dated January 9, 2006, transmitting a Report on the Implementation of Section 321-193.5, Hawaii Revised Statutes, prepared by the Department of Health, Alcohol and Drug Abuse Division, pursuant to Act 161, Section 10, SLH 2002.

    FILE

         

    198

    Dated January 9, 2006, transmitting a Report on the Statewide Comprehensive Strategic Plan for Services and Supports for Individuals with Developmental Disabilities or Mental Retardation, prepared by the Department of Health pursuant to S.C.R. No. 151 (1999).

    FILE

         

    199

    Dated January 9, 2006, transmitting a report, "Regarding Maternal and Child Health Services and Contract Services for Early Identification and Home Visiting Services to Support Healthy Start Program," prepared by the Department of Health, pursuant to Act 178, Section 23, SLH 2005.

    FILE

         

    200

    Dated January 9, 2006, transmitting the Annual Report on Solid Waste Management, prepared by the Department of Health, Office of Solid Waste Management pursuant to Section 342G-15, HRS.

    FILE

         

    201

    Dated December 29, 2005, transmitting a Report on the Assessment of Central Data Center Business Continuity and Disaster Recovery Strategies, prepared by Gartner for the Department of Accounting and General Services pursuant to Act 178, Section 78, SLH 2005.

    FILE

         

    202

    Dated January 9, 2006, transmitting the Department of Transportation's Annual Report for Fiscal Year Ending June 30, 2004.

    FILE

         
         
  3. Departmental Communications: No(s). 29-44
  4. D.C. NO.

    TITLE

    REFERRAL

         

    29

    From the City and County of Honolulu Police Department dated November 23, 2005, transmitting its 2005 Annual Misconduct Report, pursuant to Section 52D-3.5, HRS.

    FILE

         

    30

    From the County of Kauai Police Department dated January 4, 2006, transmitting its Report on Misconduct and Disciplinary Action Regarding Police Officers, pursuant to Act 242, SLH 1995, was read by the Clerk and was placed on file.

    FILE

         

    31

    From the County of Maui Police Department dated December 30, 2005, transmitting its Standard of Conduct Report for 2005; and its Report on Disciplinary Action Imposed, Suspensions and Terminations for Calendar Year 2005.

    FILE

         

    32

    From the County of Hawaii Police Department dated December 28, 2005, transmitting its 2005 Annual Misconduct Report, pursuant to Section 52D-3.5, HRS.

    FILE

         

    33

    From the City and County of Honolulu Police Department dated December 21, 2005, transmitting its Report on Electric Guns in the Custody and Control of the Honolulu Police Department, pursuant to Section 134-16, HRS.

    FILE

         

    34

    From the University of Hawaii dated December 8, 2005, transmitting the Annual Report on the Activities of the Hawai`i Research Center for Futures Studies, pursuant to Chapter 222, HRS.

    FILE

         

    35

    From the Hawaii Tourism Authority dated December 12, 2005, transmitting the Hawaii Convention Center Expenditure Report FY 04-05 and FY 05-06 pursuant to Act 178, Section 4, SLH 2005.

    FILE

         

    36

    From the University of Hawaii dated December 13, 2005, transmitting the Annual Report on Goals, Objectives/Policies, Action Plan, and Performance Measures, pursuant to Act 100, SLH 1999, and Section 304-4.5, HRS.

    FILE

         

    37

    From the University of Hawaii dated December 14, 2005, transmitting the Annual Report on University of Hawai`i Tuition and Fees Special Fund Expenditures for the Purpose of Generating Private Donations FY 2005, pursuant to Section 304-16.5, HRS.

    FILE

         

    38

    From the University of Hawaii dated December 14, 2005, transmitting the Annual Report on the University of Hawai`i Risk Management Special Fund, pursuant to Act 186, SLH 2003.

    FILE

         

    39

    From the University of Hawaii dated December 14, 2005, transmitting the Annual Report on Salaries Paid to Executive/Managerial and Faculty Employees, pursuant to Section 304-13.5, HRS.

    FILE

         

    40

    From the State Auditor dated December 29, 2005, transmitting "A Study of the Department of Commerce and Consumer Affairs' Requirements for License for Professions and Vocations Part 1," (Report No. 05-14).

    FILE

         

    41

    From the Circuit Court of the First Judicial Circuit dated January 5, 2006, transmitting an Addendum to the Final Report of the Committee to Conduct Comprehensive Review of the Hawai`i Penal Code.

    FILE

         

    42

    From the Department of Business, Economic Development and Tourism dated January 11, 2006, transmitting the 2005 Hawaii Data Disc containing the 2000-2004 State of Hawaii Data Book.

    FILE

         

    43

    From the University of Hawaii dated January 18, 2006, transmitting the Annual Report on the Establishment of a Task Force to Determine Whether Classification of the Offenses of Assault and Terroristic Threatening Based on the Occupation of the Victim is Still Necessary, pursuant to S.C.R. No. 141 (2005).

    FILE

         

    44

    From the State Auditor dated January 23, 2006, transmitting a report, "Audit of the Department of Human Services' Temporary Assistance for Needy Families Program," (Report No. 06-02).

    FILE

         
         
  5. House Communications: None
  6. Senate Communications: None
  7. Judiciary Communications: None
  8. Introduction of Measures
  9.  

    ORDER OF THE DAY

  10. Referrals
  11. REFERRALS FOR WEDNESDAY, JANUARY 25, 2006

    S.B. NO.

    TITLE

    REFERRAL

         

    2001

    RELATING TO A HAWAII CAREGIVER GRANT PROGRAM.

    (Caregiver Grant Program; Established)

    HTH/HMS, WAM

         

    2002

    RELATING TO BUILDING.

    (Building Code)

    CPH

         

    2003

    RELATING TO HUMAN SERVICES.

    (Human Services)

    HMS, WAM

         

    2004

    RELATING TO HISTORIC PRESERVATION.

    (Historic Preservation; Ahu o Laka)

    WLA/MAT

         

    2005

    RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.

    (Employees' Retirement System; DOCARE Officers)

    LBR/WLA, WAM

         

    2006

    PROHIBITING SALES OF OPIHI.

    (Conservation and Resources; Resource Management; Opihi)

    WLA, JHW

         

    2007

    RELATING TO COMMERCIAL DRIVER LICENSING.

    (Commercial Driver Licensing; Armed Forces)

    TGO/IGA, EDM

         

    2008

    RELATING TO SPECIAL NUMBER PLATES.

    (Special Number License Plates; Iraqi Conflict; Afghani conflict)

    TGO/IGA, EDM

         

    2009

    RELATING TO MOTOR VEHICLE DRIVER'S LICENSE.

    (Motor Vehicle Driver License; United States Armed Forces Reserve Component)

    TGO/IGA, EDM

         

    2010

    RELATING TO NOISE POLLUTION.

    (Motor Vehicles; Prohibited Noise; Radios)

    EIA, TGO

         

    2011

    RELATING TO SOLICITATION OF FUNDS.

    (Solicitation of Funds)

    CPH

         

    2012

    RELATING TO LOW-INCOME REFUNDABLE TAX CREDIT.

    (Low-Income Refundable Tax Credit)

    WAM

         

    2013

    RELATING TO INCOME TAX CREDITS.

    (Income Tax Credit for Low-income Household Renters)

    CPH, WAM

         

    2014

    RELATING TO HIGH TECHNOLOGY.

    (Small Business Technology Transfer Program; Established)

    MAT, WAM

         

    2015

    RELATING TO HIGH TECHNOLOGY INNOVATION CORPORATION.

    (High Technology Innovation Corporation; Exemptions)

    MAT, WAM

         

    2016

    MAKING AN APPROPRIATION TO THE HIGH TECHNOLOGY DEVELOPMENT CORPORATION.

    (High Technology Research & Development; Appropriation)

    MAT, WAM

         

    2017

    MAKING AN APPROPRIATION FOR STATE LIFEGUARDS.

    (Lifeguards; Appropriations; Kauai and Maui)

    WLA/IGA, WAM

         

    2018

    RELATING TO PUBLIC UTILITIES.

    (Public Utilities; CPCN; Rate Notice)

    CPH

         

    2019

    RELATING TO COMPUTER CRIME.

    (Unlawful Distribution and Installation of Adware or Spyware)

    MAT, JHW

         

    2020

    RELATING TO WORKERS' COMPENSATION.

    (Workers' Compensation; LLC; Partners; Sole Proprietors)

    LBR/WAM

         

    2021

    RELATING TO THE EMPLOYER-UNION HEALTH BENEFITS TRUST FUND.

    (Employer-Union Health Benefits Trust Fund; Retiree Benefits; Reimbursement)

    LBR/WAM

         

    2022

    RELATING TO STATE EMPLOYEE LEGAL IDENTIFICATION CARDS.

    (State Employees, Legal Identification Cards)

    TGO, WAM

         

    2023

    RELATING TO STATE FINANCIAL ADMINISTRATION.

    (State Financial Administration; Automated Clearinghouse System)

    TGO, WAM

         

    2024

    WORKERS' COMPENSATION INSURANCE PREMIUMS.

    (Workers' Compensation Insurance Premiums; Hourly Wage Employees)

    LBR/WAM

         

    2025

    RELATING TO COLLECTION OF IMPACT FEES.

    (Impact Fees, Collection)

    IGA, WAM

         
         

     

     

     

     

     

  12. Miscellaneous Communications: No(s). 1
  13. M.C. NO.

    TITLE

    REFERRAL

         

    1

    From the County of Kauai, Department of Water, dated November 28, 2005, transmitting the "Proposed C.I.P. Projects, Request for State Aid, 2006 Legislative Session," and Resolution No. 3, 2006-2007.

    FILE

         
         
  14. Miscellaneous Business
  15. Announcements
  16. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    MAT

    1/26/2006 1:15 PM

    225

    EDM-EDN

    1/27/2006 2:00 PM

    309

    HTH

    1/27/2006 2:30 PM

    016

    JHW-WAM

    1/31/2006 9:00 AM

    211

         

  17. Adjournment