THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2006

 

TWENTY-THIRD DAY

February 22, 2006-Wednesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Senator Gordon Trimble

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s): 298-299

    2. G.M. NO.

    TITLE

    REFERRAL
         

    298

    Dated January 27, 2006, transmitting a report, "Hawaii's Workforce in 2005: Stepping Stones to 2006," prepared by the Department of Labor and Industrial Relations, Hawaii Workforce Development Council, pursuant to Chapter 202, HRS

    FILE
         

    299

    Dated February 15, 2006, transmitting a Report on the Adequacy of Federal Funding for the No Child Left Behind Act, prepared by the Department of Budget and Finance pursuant to Act 178, Section 153, SLH 2005.

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: No(s). 31-34
    4.  

    Informing the Senate that on February 21, 2006, the following House Bill(s) passed Third Reading in the House:

    REFERRAL
         

    31

    H.B. No. 2050, H.D. 2

    "RELATING TO INTERNATIONAL MATCHMAKING."(International Matchmaking; Domestic Abuse Orders)

    EIA, JHW
         

    32

    H.B. No. 2133

    "RELATING TO THE NATURAL AREA RESERVE SYSTEM."(Kaena Point; Natural Area Reserve System)

    WLA, JHW
         

    33

    H.B. No. 2287, H.D. 1

    "RELATING TO CHILD SUPPORT ENFORCEMENT."(Child support; delinquent payments)

    CPH, JHW
         

    34

    H.B. No. 3234, H.D. 1

    "RELATING TO ELECTIONS."(Candidates for Public Office; Public Service Announcements)

    JHW
         
         
  4. Senate Communications: No(s). 1
    5.  

    Notice to Governor dated February 22, 2006, transmitting the following Senate Bill(s) which propose amendments to the Hawaii State Constitution:

    REFERRAL

    1

    S.B. No. 2182, S.D. 1

    "PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 2, RELATING TO EDUCATION."

    (Board of Education; Student Member)

    JOURNAL
         
     

    S.B. No. 2479

    "PROPOSING AN AMENDMENT TO ARTICLE VII, SECTION 12, OF THE HAWAII STATE CONSTITUTION."

    (SPRBS; Constitutional Amendment; Agricultural Infrastructure)

    		  
         
     

    S.B. No. 2571

    "PROPOSING AMENDMENTS TO THE HAWAII STATE CONSTITUTION RELATING TO SPECIAL PURPOSE REVENUE BONDS."

    (Constitution Amend.; SPRBs; Low and Moderate Income Housing)

    		  
         
     

    S.B. No. 2610, S.D. 1

    "PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION RELATING TO CHANGING THE NAME OF THE INTERMEDIATE APPELLATE COURT."

    (Amend Constitution; Intermediate Court of Appeals Name Change)

    		  
         
     

    S.B. No. 2797

    "PROPOSING AN AMENDMENT TO THE HAWAII STATE CONSTITUTION RELATING TO JUDGES."

    (Judges; Mandatory Retirement Age)

    		  
         
     

    S.B. No. 3040

    "PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION RELATING TO EXCESS REVENUES."

    (Excess Revenues; Disposition; Constitutional Amendment)

    		  
  5. Judiciary Communications: None
  6. Introduction of Measures
  7. Standing Committee Report: No(s). 2543-2546

    8. 2543

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 2148, S.D. 1

    "PROPOSING AMENDMENTS TO THE HAWAII CONSTITUTION RELATING TO THE ATTORNEY GENERAL."

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

    2544

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 2246, S.D. 1

    "PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO SEXUAL ASSAULT."

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

    2545

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 2931, S.D. 1

    "RELATING TO LAW ENFORCEMENT."

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

    2546

    (48 Hrs. Notice)

    (JHW)

    S.B. No. 2582

    "RELATING TO THE HAWAII RULES OF EVIDENCE."

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

     

     

     

    ORDER OF THE DAY

  8. Deferred Matters - Third Reading

    9. (See Stand. Com. Rep. No. 2298)

    S.B. No. 3000, S.D. 1

    "RELATING TO HOUSING." - (CPH/IGA)

    (Affordable Housing; Permit Streamlining; Planning; Zoning; Construction)
       
       
  9. Deferred Matters – Referral

    10. HSE. COM. NO.

    		  

    REFERRAL
         

    27

    H.B. No. 2476

    "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."(Revision Bill)

    JHW
         

    28

    H.B. No. 2896

    "RELATING TO EMOTIONAL DISTRESS."(Tort Actions; Emotional Distress; Property)

    JHW
         

    29

    H.B. No. 2900

    "RELATING TO ELECTRONIC VOTING."(Electronic Voting; Voter Verifiable Paper Audit Trail)

    JHW
         

    30

    H.B. No. 3242

    "RELATING TO INTOXICATING LIQUOR."(Intoxicating Liquor; Minors)

    JHW
         
         
  10. Referrals and Re-Referrals

    11. REFERRALS FOR WEDNESDAY, FEBRUARY 22, 2006

    S.C.R. NO.

    TITLE

    REFERRAL
         

    1

    RECOGNIZING JANUARY AS CERVICAL CANCER MONTH IN HAWAI`I.

    (Cervical cancer; recognition of January as Cervical Cancer Month)

    HTH
         

    2

    REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO CONDUCT A STUDY AND PROVIDE RECOMMENDATIONS FOR ADDRESSING THE SHORTAGE OF INFANT AND TODDLER CHILD CARE PROVIDERS, FACILITIES, AND SERVICES IN THE STATE.

    (DHS Study Relating to Infant and Toddler Child Care)

    HMS
         

    3

    URGING ALL HAWAII SCHOOLS TO IMPLEMENT STANDARDS OF CONDUCT TO DISCOURAGE INTIMIDATION AND PROMOTE SAFE AND PEACEFUL SCHOOLS TO CREATE EFFECTIVE LEARNING ENVIRONMENTS.

    (Bullying and Intimidation; Schools Standard of Conduct)

    EDM
         

    4

    REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY THE IMPACT ON THE STATE ECONOMY CAUSED BY THE CONCENTRATION IN OWNERSHIP OF COMMERCIAL AND INDUSTRIAL LANDS.

    (Commercial and Industrial Lands; Landownership Concentration)

    BED, WAM
         

    5

    RECOGNIZING THE OFFICE OF HAWAIIAN AFFAIRS FOR TWENTY-FIVE YEARS OF OUTSTANDING SERVICE TO THE HAWAIIAN COMMUNITY AND THE STATE OF HAWAII COMMUNITY AT LARGE.

    (Office of Hawaiian Affairs)

    JHW
         

    6

    URGING PRESIDENT BUSH AND THE UNITED STATES CONGRESS TO NOT PRIVATIZE SOCIAL SECURITY.

    (Silver Legislature; Social Security)

    IGA/HMS
         

    7

    REQUESTING THE GOVERNOR TO RELEASE $4,500,000 TO RENOVATE AND BUILD A COMMUNITY CENTER AT THE MAKIKI COMMUNITY LIBRARY.

    (Makiki Library)

    IGA
         

    8

    URGING THE GOVERNOR TO USE THE STATE'S SURPLUS TO MEET THE CRITICAL SOCIAL, EDUCATIONAL, HEALTH, LONG-TERM CARE, TRANSPORTATION, AND OTHER NEEDS IN THE BEST INTEREST OF OUR STATE, RATHER THAN ISSUING A TAX REFUND.

    (State Surplus; Appropriation)

    WAM
         

    9

    URGING CULTURAL PERPETUATION IN RURAL HAWAIIAN COMMUNITIES.

    (Office of Hawaiian Affairs; Hawaiian Culture)

    JHW
         

    15

    SUPPORTING THE GOAL OF ELIMINATING SUFFERING AND DEATH FROM CANCER BY THE YEAR 2015.

    (Cancer; Eliminating Suffering and Death Caused by Cancer)

    HTH
         

    16

    REQUESTING THE HAWAII STATE CENTER FOR NURSING AT THE UNIVERSITY OF HAWAII TO INVESTIGATE AND RECOMMEND WAYS TO ASSIST THE PUBLIC AND PRIVATE SECTORS TO RELIEVE THE NURSING SHORTAGE AND ENSURE A CONTINUOUS, ADEQUATE SUPPLY OF NURSES TO STAFF HOSPITALS AND OTHER MEDICAL FACILITIES IN THE STATE.

    (Nursing Shortage; UH School of Nursing & Dental Hygiene Study)

    HTH/HRE
         

    17

    REQUESTING THE AUDITOR TO CONDUCT FINANCIAL AND MANAGEMENT AUDIT OF THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

    (Audit HCDCH)

    CPH, WAM
         

    18

    REQUESTING A FINANCIAL AND MANAGEMENT AUDIT OF THE CAPITAL FUND PROGRAM ADMINISTERED BY THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

    (Audit Housing and Community Development Corporation)

    CPH, WAM
         

    19

    REQUESTING THE AUDITOR TO ASSESS THE SOCIAL AND FINANCIAL EFFECTS OF REQUIRING HEALTH INSURERS TO OFFER COVERAGE FOR SURVIVORS OF BRAIN INJURIES.

    (Requiring health insurers to offer coverage for survivors of brain injuries.)

    HTH
         

    20

    URGING THE STATE COUNCIL OF HAWAIIAN HOMESTEAD ASSOCIATIONS TO DEVELOP AND SUBMIT TO THE SECRETARY OF THE INTERIOR A LIST OF CANDIDATES FOR THE NINE MEMBER COMMISSION CALLED FOR IN THE NATIVE HAWAIIAN REORGANIZATION ACT, ALSO KNOWN AS THE AKAKA BILL.

    (Akaka Bill; State Council of Hawaiian Homestead Associations; Candidates)

    JHW/IGA
         

    21

    URGING HAWAII'S FEDERAL AND STATE OFFICIALS TO SEEK AN EXCEPTION TO HOMELAND SECURITY POLICIES THAT BAR CERTAIN ACTIVITIES ON HAWAII'S WATERFRONT SO THAT SPECIFIC PIERS MAY BE USED BY THE PUBLIC TO DECORATE FLOATS FOR THE KING KAMEHAMEHA CELEBRATION, PRINCE KUHIO COMMEMORATIVE CELEBRATION, AND THE ALOHA WEEK FESTIVALS.

    (Commemorative Celebrations; Homeland Security; Harbors; Piers)

    TSM/TGO
         

    22

    REQUESTING THAT THE DEPARTMENT OF HAWAIIAN HOME LANDS ADVOCATE FOR THE PROTECTION OF MOLOKAI SURFACE AND GROUND WATER FOR HAWAIIAN HOMESTEADERS.

    (DHHL; Molokai Surface and Ground Water for Hawaiian Homesteaders)

    JHW/WLA
         

    23

    REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO DEDICATE A BERTHING AREA IN EACH COUNTY WHERE NON-PROFIT ORGANIZATIONS CAN MOOR THEIR VOYAGING CANOES.

    (Mooring fees; exemption)

    JHW/WLA
         

    24

    REQUESTING THE CLERK OF THE SENATE AND THE CLERK OF THE HOUSE OF THE HAWAII STATE LEGISLATURE TO POST INTERNAL ACCOUNTING INFORMATION ON THE INTERNET SITES OF THE RESPECTIVE HOUSES.

    (Legislative Accounting Information; Posting on Web)

    TGO/WAM

    S.R. NO.

    TITLE

    REFERRAL
         

    1

    RECOGNIZING JANUARY AS CERVICAL CANCER MONTH IN HAWAI`I.

    (Cervical cancer; recognition of January as Cervical Cancer Month)

    HTH
         

    6

    REQUESTING THE HAWAII STATE CENTER FOR NURSING AT THE UNIVERSITY OF HAWAII TO INVESTIGATE AND RECOMMEND WAYS TO ASSIST THE PUBLIC AND PRIVATE SECTORS TO RELIEVE THE NURSING SHORTAGE AND ENSURE A CONTINUOUS, ADEQUATE SUPPLY OF NURSES TO STAFF HOSPITALS AND OTHER MEDICAL FACILITIES IN THE STATE.

    (Nursing Shortage; UH School of Nursing & Dental Hygiene Study)

    HTH/HRE
         

    7

    URGING THE STATE COUNCIL OF HAWAIIAN HOMESTEAD ASSOCIATIONS TO DEVELOP AND SUBMIT TO THE SECRETARY OF THE INTERIOR A LIST OF CANDIDATES FOR THE NINE MEMBER COMMISSION CALLED FOR IN THE NATIVE HAWAIIAN REORGANIZATION ACT, ALSO KNOWN AS THE AKAKA BILL.

    (Akaka Bill; State Council of Hawaiian Homestead Associations; Candidates)

    JHW/IGA
         

    8

    URGING HAWAII'S FEDERAL AND STATE OFFICIALS TO SEEK AN EXCEPTION TO HOMELAND SECURITY POLICIES THAT BAR CERTAIN ACTIVITIES ON HAWAII'S WATERFRONT SO THAT SPECIFIC PIERS MAY BE USED BY THE PUBLIC TO DECORATE FLOATS FOR THE KING KAMEHAMEHA CELEBRATION, PRINCE KUHIO COMMEMORATIVE CELEBRATION, AND THE ALOHA WEEK FESTIVALS.

    (Commemorative Celebrations; Homeland Security; Harbors; Piers)

    TSM/TGO
         

    9

    REQUESTING THAT THE DEPARTMENT OF HAWAIIAN HOME LANDS ADVOCATE FOR THE PROTECTION OF MOLOKAI SURFACE AND GROUND WATER FOR HAWAIIAN HOMESTEADERS.

    (DHHL; Molokai Surface and Ground Water for Hawaiian Homesteaders)

    JHW/WLA
         

    10

    REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO DEDICATE A BERTHING AREA IN EACH COUNTY WHERE NON-PROFIT ORGANIZATIONS CAN MOOR THEIR VOYAGING CANOES.

    (Mooring fees; exemption)

    JHW/WLA
         
         

    RE-REFERRALS FOR WEDNESDAY, FEBRUARY 22, 2006
         

    H.B. NO.

    TITLE

    RE-REFERRAL
         

    2779, H.D. 1

    RELATING TO DISCRIMINATION.

    (Civil rights; Inability to speak English) (HMS, JHW)

    HMS/IGA, JHW

  11. Miscellaneous Communications: None
  12. Miscellaneous Business
  13. Announcements

    14. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    CPH

    2/22/2006 9:00 AM

    016

    JHW

    2/22/2006 9:00 AM

    229

    WLA/JHW

    2/22/2006 9:00 AM

    229

    EIA/WLA

    2/22/2006 2:45 PM

    212

    WLA

    2/22/2006 2:45 PM

    212

    CPH

    2/23/2006 9:00 AM

    016

    JHW

    2/23/2006 9:00 AM

    229

    WAM

    2/23/2006 9:00 AM

    211

    CPH

    2/24/2006 9:00 AM

    016

    JHW

    2/24/2006 9:00 AM

    229

    WAM

    2/24/2006 9:00 AM

    211

    CPH

    2/24/2006 10:00 AM

    016

    JHW

    2/24/2006 10:00 AM

    229

    JHW

    2/24/2006 11:00 AM

    229

    LBR/CPH

    2/24/2006 11:00 AM

    016

    LBR

    2/24/2006 11:30 AM

    225

    TGO

    2/24/2006 12:45 PM

    224

    TGO

    2/24/2006 1:15 PM

    224

    EIA/WLA

    2/25/2006 10:30 AM

    329

    EDM-EDN

    2/27/2006 1:30 PM

    309

    HMS

    2/28/2006 2:30 PM

    016

    HTH

    3/1/2006 2:30 PM

    016

    JHW

    3/17/2006 9:00 AM

    229
         

  14. Adjournment