THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2006

 

THIRTY-FIRST DAY

March 15, 2006-Wednesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Ms. Jade Young

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 306-307

    2. G.M. NO.

    TITLE

    REFERRAL
         

    306

    Dated March 9, 2006, transmitting a report prepared by the Department of Hawaiian Home Lands on the reporting requirements of Act 178, Section 166, SLH 2005.

    FILE
         

    307

    Dated March 9, 2006, transmitting a report prepared by the Department of Health and the Department of Human Services, pursuant to H.C.R. No. 96 (2005), urging the Department of Health and the Department of Human Services to develop methods to support family caregivers who provide at-home care to qualified relatives.

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: None
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Introduction of Measures
  7. Standing Committee Reports: No(s). 2928-2940

    8. 2928

    (One Day Notice)

    (HTH)

    S.R. No. 1

    "RECOGNIZING JANUARY AS CERVICAL CANCER MONTH IN HAWAI`I."

    (Recommends Adoption)
         
         

    2929

    (One Day Notice)

    (HTH)

    S.C.R. No. 1

    "RECOGNIZING JANUARY AS CERVICAL CANCER MONTH IN HAWAI`I."

    (Recommends Adoption)
         
         

    2930

    (One Day Notice)

    (HTH)

    S.C.R. No. 15, S.D. 1

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

    (Recommends Adoption)
         
         

    2931

    (HTH)

    S.C.R. No. 31, S.D. 1

    "REQUESTING THE AUDITOR TO CONDUCT AN ANALYSIS OF PROPOSED REGULATORY MEASURES REQUIRING PROFESSIONAL LICENSURE OF GENETIC COUNSELORS."

    (Recommends referral to CPH)
         
         

    2932

    (One Day Notice)

    (TGO)

    G.M. No. 256

    "Submitting for consideration and confirmation to the Civil Defense Advisory Council, Gubernatorial Nominee, MANUEL MAKAHIAPO KULOLOIO, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    2933

    (One Day Notice)

    (TGO)

    G.M. No. 257

    "Submitting for consideration and confirmation to the Civil Defense Advisory Council, Gubernatorial Nominee, ANN M. SAKAGUCHI, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    2934

    (One Day Notice)

    (TGO)

    G.M. No. 275

    "Submitting for consideration and confirmation to the State Highway Safety Council, Gubernatorial Nominee, MITCHELL DAVID ROTH, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    2935

    (One Day Notice)

    (TGO)

    G.M. No. 277

    "Submitting for consideration and confirmation to the Medical Advisory Board, Gubernatorial Nominee, JOYCE H. CASSEN MD, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    2936

    (TGO)

    H.B. No. 1899, H.D. 1, S.D. 1

    "RELATING TO THE USE OF SAFETY HELMETS BY MINORS."

    (Recommends passage on SECOND READING and referral to JHW)
         
         

    2937

    (TGO)

    H.B. No. 1947

    "RELATING TO LIABILITY."

    (Recommends passage on SECOND READING and referral to JHW)
         
         

    2938

    (TGO)

    H.B. No. 2343, H.D. 1, S.D. 1

    "RELATING TO THE PENAL CODE."

    (Recommends passage on SECOND READING and referral to JHW)
         
         

    2939

    (One Day Notice)

    (TGO)

    S.C.R. No. 33, S.D. 1

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO CONTINUE TO COLLABORATE WITH THE HAWAII HARBOR USERS GROUP TO IMPLEMENT PLANNED IMPROVEMENTS AND CONSTRUCTION TO IMPROVE CARGO TERMINAL AND CONTAINER FACILITIES AT HONOLULU HARBOR, KAHULUI HARBOR, AND HILO HARBOR, AND COMMENDING AND CONGRATULATING THE DEPARTMENT OF TRANSPORTATION AND THE HAWAII HARBOR USERS GROUP FOR THEIR FINE WORK IN COMPLETING THE HAWAII HARBORS USER GROUP'S REPORT."

    (Recommends Adoption)
         
         

    2940

    (One Day Notice)

    (TGO)

    S.R. No. 17, S.D. 1

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO CONTINUE TO COLLABORATE WITH THE HAWAII HARBOR USERS GROUP TO IMPLEMENT PLANNED IMPROVEMENTS AND CONSTRUCTION TO IMPROVE CARGO TERMINAL AND CONTAINER FACILITIES AT HONOLULU HARBOR, KAHULUI HARBOR, AND HILO HARBOR, AND COMMENDING AND CONGRATULATING THE DEPARTMENT OF TRANSPORTATION AND THE HAWAII HARBOR USERS GROUP FOR THEIR FINE WORK IN COMPLETING THE HAWAII HARBORS USER GROUP'S REPORT."

    (Recommends Adoption)
         
         
         

    ORDER OF THE DAY

  8. Advise and Consent

    9. 2921

    HTH

    G.M. No. 263

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial Nominee, ELVIRA LEE, for a term to expire 6-30-2010."
         
         

    2922

    HTH

    G.M. No. 270

    "Submitting for consideration and confirmation to the Statewide Health Coordinating Council, Gubernatorial Nominee, DAVID W. HEYWOOD, for a term to expire 6-30-2010."
         
         

    2922

    HTH

    G.M. No. 271

    "Submitting for consideration and confirmation to the Statewide Health Coordinating Council, Gubernatorial Nominee, WAYNE SACHIO HIGAKI, for a term to expire 6-30-2010."
         
         

    2922

    HTH

    G.M. No. 272

    "Submitting for consideration and confirmation to the Statewide Health Coordinating Council, Gubernatorial Nominee, VIRGINIA PRESSLER MD, MBA, FACS, for a term to expire 6-30-2010."
         
         

    2923

    HTH

    G.M. No. 264

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee, DEAN T. AOKI, for a term to expire 6-30-2010."
         
         

    2923

    HTH

    G.M. No. 265

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee, CHARLES W. FLEMING, for a term to expire 6-30-2010."
         
         

    2923

    HTH

    G.M. No. 266

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee, DEAN M. GEORGIEV, for a term to expire 6-30-2010."
         
         

    2924

    HTH

    G.M. No. 279

    "Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Hawai'i Service Area Board, Gubernatorial Nominee, GARY F. MICHELL, for a term to expire 6-30-2010."
         
         

    2925

    HTH

    G.M. No. 267

    "Submitting for consideration and confirmation to the Drug Product Selection Board, Gubernatorial Nominee, MARY JO KEEFE, for a term to expire 6-30-2010."
         
         

    2926

    HTH

    G.M. No. 268

    "Submitting for consideration and confirmation to the Policy Advisory Board for Elder Affairs, Gubernatorial Nominee, DONALD K. MATSUI, for a term to expire 6-30-2010."
         
         

    2927

    HTH

    G.M. No. 273

    "Submitting for consideration and confirmation to the Health Planning Council, Windward Oahu Subarea, Gubernatorial Nominee, GREIG E. GASPAR, for a term to expire 6-30-2010."
         
         

    2927

    HTH

    G.M. No. 274

    "Submitting for consideration and confirmation to the Health Planning Council, Windward Oahu Subarea, Gubernatorial Nominee, CHRISTOPHER J. LUTZ, for a term to expire 6-30-2010."
         
         
         

     

     

     

  9. Deferred Matters – Referral

    10. HSE. COM. NO.

    		  

    REFERRAL
         

    349

    H.C.R. No. 15

    "REQUESTING THE DEPARTMENT OF DEFENSE TO PRESENT A HOMELAND SECURITY PLAN TO THE LEGISLATURE."(Homeland Security Plan)

    EDM/TGO
         
         
  10. Referrals and Re-Referrals

    11. REFERRALS FOR WEDNESDAY, MARCH 15, 2006

    S.C.R. NO.

    TITLE

    REFERRAL
         

    66

    REQUESTING THAT THE LEGISLATIVE REFERENCE BUREAU STUDY AND EVALUATE THE FEASIBILITY OF ESTABLISHING AN ECONOMIC REDEVELOPMENT AGENCY FOR THE URBAN CORE OF HONOLULU.

    (Economic Redevelopment; Urban Core; Honolulu; Study; Feasibility)

    CPH, WLA
         

    67

    REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO ENSURE THAT THE CURRENT RESIDENTIAL ALTERNATIVE COMMUNITY CARE PROGRAM MODEL IS NOT DISMANTLED WITH THE PROPOSED QUEST EXPANDED ACCESS PROGRAM.

    (Residential Alternative Community Care Program)

    HMS, WAM
         

    68

    REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO CONVENE A WORKING GROUP TO DETERMINE THE FEASIBILITY OF IMPLEMENTING PROCEDURES FOR PLACING A CHILD IN TEMPORARY FOSTER CUSTODY WITH KIN OR NON-KIN FOSTER PARENTS.

    (Foster Children; Placement)

    HMS, JHW
         

    69

    REQUESTING THE DIRECTOR OF HEALTH TO CONDUCT A PREVENTION AND EDUCATION CAMPAIGN ON THE INCREASING INCIDENCE OF BEDBUGS.

    (Bedbugs; DOH)

    HTH, WAM
         

    70

    REQUESTING THE DIRECTOR OF HEALTH TO DEVELOP A TRAUMA SYSTEM PLAN FOR HAWAII.

    (Requesting Director of Health to Develop a Trauma System Plan)

    HTH
         

    71

    REQUESTING A STUDY ON THE ISSUES HOSPITALS FACE WITH REGARD TO WAIT LISTED PATIENTS IN HAWAII IN NEED OF LONG TERM MEDICAL CARE.

    (Wait Listed Long Term Care Patients)

    HTH
         

    72

    URGING HAWAII'S COUNTY, STATE, AND FEDERAL LEVEL GOVERNMENT OFFICIALS TO PLAY AN ACTIVE ROLE IN CREATING "HEART HEALTHY COMMUNITIES".

    (Health; Heart Healthy Communities)

    HTH/IGA
         

    73

    REQUESTING THE DIRECTOR OF COMMERCE AND CONSUMER AFFAIRS TO CONVENE A TASK FORCE TO CONSIDER THE REGULATION OF MORTGAGE BROKERS BY THE DIVISION OF FINANCIAL INSTITUTIONS.

    (DCCA Task Force Considering regulation of mortgage brokers.)

    CPH
         

    74

    REQUESTING THE DEPARTMENT OF TRANSPORTATION TO EXPEDITE THE COMPLETION OF THE LAHAINA BYPASS PROJECT AS A TOP PRIORITY AND, IN COOPERATION WITH THE COUNTY OF MAUI AND STAKEHOLDERS, DEVELOP STRATEGIES TO REDUCE MOTOR VEHICLE USE INTO AND OUT OF LAHAINA ON THE ISLAND OF MAUI.

    (Lahaina Bypass; DOT Expedite; Car Use Reduction Plan; Report)

    TGO/IGA
         

    75

    REQUESTING THE DEPARTMENT OF EDUCATION TO ALLOW GIFTED AND TALENTED STUDENTS TO TAKE ONLINE CLASSES FROM ACCREDITED UNIVERSITIES FOR CREDIT TOWARD DEPARTMENT OF EDUCATION REQUIREMENTS.

    (Education; Gifted; Talented; Online)

    EDM
         

    76

    URGING HEALTHCARE FACILITIES IN THE STATE OF HAWAII TO IMPLEMENT THE "UTILIZATION GUIDE FOR THE AMERICAN NURSES ASSOCIATION PRINCIPLES FOR SAFE STAFFING."

    (Urging healthcare facilities in the State of Hawaii to implement the American Nurses Association Principles for Nurse Staffing as noted in the Utilization Guide for the American Nurses Association Principles for Safe Staffing.)

    HTH
         

    77

    REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY AND ANALYSIS OF THE ADEQUACY OF PAYMENTS FOR HEALTH CARE FUNDED BY THE STATE AND THE ADEQUACY OF PAYMENTS FOR HEALTH CARE USING RATES ESTABLISHED BY THE STATE.

    (State-funded Health care payments; reimbursements.)

    HTH, CPH
         

    78

    REQUESTING THE UNITED STATES CONGRESS TO STRONGLY OPPOSE S. 147, COMMONLY KNOWN AS THE "AKAKA BILL", UNTIL THE BILL IS APPROPRIATELY AMENDED TO INCLUDE A VOTE BY THE PEOPLE OF HAWAII TO APPROVE ENACTMENT OF THE MEASURE..

    (Akaka Bill; Congress Oppose Unless Voters Approve)

    JHW
         

    79

    AUTHORIZING THE LEASE OF STATE SUBMERGED LANDS AND LANDS BENEATH TIDAL WATERS AT CERTAIN SMALL BOAT HARBORS.

    WLA
         

    80

    AUTHORIZING THE LEASE OF STATE SUBMERGED LANDS AND LANDS BENEATH TIDAL WATERS.

    WLA
         

    81

    REQUESTING THE AUDITOR TO CONDUCT A MANAGEMENT AUDIT OF THE DEPARTMENT OF HUMAN SERVICES'S VOCATIONAL REHABILITATION AND SERVICES FOR THE BLIND DIVISION.

    (Management Audit of the Vocational Rehabilitation and Services for the Blind Division)

    HMS
         

    82

    URGING CONGRESS AND THE FEDERAL COMMUNICATIONS COMMISSION TO ADDRESS PUBLIC INTERESTS AND COMMUNITY NEEDS FOR LOCAL MEDIA, INCLUDING NEWS, ACCESS, AND OWNERSHIP.

    MAT
         

    83

    RECOGNIZING THE IMPORTANCE OF A CULTURAL EXCHANGE BETWEEN THE PEOPLE OF HAWAI`I AND THE ISLAND OF RA`IATEA AND REQUESTING KE ALA `OLINO NATIVE CULTURAL CENTER TO CONVENE A TASK FORCE TO HELP FACILITATE A CULTURAL EXCHANGE.

    (Cultural Exchange; Island of Ra`iatea)

    EIA/MAT
         

    84

    REQUESTING THAT THE HA`IKU ELEMENTARY SCHOOL CAFETERIA BE KNOWN AS THE JEAN SUZUKI CAFETERIA IN HONOR OF FORMER HA`IKU ELEMENTARY SCHOOL CAFETERIA EMPLOYEE JEAN SUZUKI.

    (Haiku Elementary School; Jean Suzuki Cafeteria)

    EDM
         

    85

    REQUESTING A REVIEW OF THE UNIVERSITY OF HAWAII BOARD OF REGENTS' CONFLICT OF INTEREST POLICY.

    (Auditor Review; UH Board of Regents' Conflict of Interest Policy)

    HRE
         
         

    S.R. NO.

    TITLE

    REFERRAL
         

    43

    REQUESTING THAT THE LEGISLATIVE REFERENCE BUREAU STUDY AND EVALUATE THE FEASIBILITY OF ESTABLISHING AN ECONOMIC REDEVELOPMENT AGENCY FOR THE URBAN CORE OF HONOLULU.

    (Economic Redevelopment; Urban Core; Honolulu; Study; Feasibility)

    CPH, WLA
         

    44

    REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO ENSURE THAT THE CURRENT RESIDENTIAL ALTERNATIVE COMMUNITY CARE PROGRAM MODEL IS NOT DISMANTLED WITH THE PROPOSED QUEST EXPANDED ACCESS PROGRAM.

    (Residential Alternative Community Care Program)

    HMS, WAM
         

    45

    REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO CONVENE A WORKING GROUP TO DETERMINE THE FEASIBILITY OF IMPLEMENTING PROCEDURES FOR PLACING A CHILD IN TEMPORARY FOSTER CUSTODY WITH KIN OR NON-KIN FOSTER PARENTS.

    (Foster Children; Placement)

    HMS, JHW
         

    46

    REQUESTING A STUDY ON THE ISSUES HOSPITALS FACE WITH REGARD TO WAIT LISTED PATIENTS IN HAWAII IN NEED OF LONG TERM MEDICAL CARE.

    (Wait Listed Long Term Care Patients)

    HTH
         

    47

    URGING HAWAII'S COUNTY, STATE, AND FEDERAL LEVEL GOVERNMENT OFFICIALS TO PLAY AN ACTIVE ROLE IN CREATING "HEART HEALTHY COMMUNITIES".

    (Health; Heart Healthy Communities)

    HTH/IGA
         

    48

    REQUESTING THE DEPARTMENT OF TRANSPORTATION TO EXPEDITE THE COMPLETION OF THE LAHAINA BYPASS PROJECT AS A TOP PRIORITY AND, IN COOPERATION WITH THE COUNTY OF MAUI AND STAKEHOLDERS, DEVELOP STRATEGIES TO REDUCE MOTOR VEHICLE USE INTO AND OUT OF LAHAINA ON THE ISLAND OF MAUI.

    (Lahaina Bypass; DOT Expedite; Car Use Reduction Plan; Report)

    TGO/IGA
         

    49

    REQUESTING THE DEPARTMENT OF EDUCATION TO ALLOW GIFTED AND TALENTED STUDENTS TO TAKE ONLINE CLASSES FROM ACCREDITED UNIVERSITIES FOR CREDIT TOWARD DEPARTMENT OF EDUCATION REQUIREMENTS.

    (Education; Gifted; Talented; Online)

    EDM
         

    50

    URGING HEALTHCARE FACILITIES IN THE STATE OF HAWAII TO IMPLEMENT THE "UTILIZATION GUIDE FOR THE AMERICAN NURSES ASSOCIATION PRINCIPLES FOR SAFE STAFFING."

    (Urging healthcare facilities in the State of Hawaii to implement the American Nurses Association Principles for Nurse Staffing as noted in the Utilization Guide for the American Nurses Association Principles for Safe Staffing.)

    HTH
         

    51

    REQUESTING THE UNITED STATES CONGRESS TO DELAY A VOTE ON S. 147, COMMONLY KNOWN AS THE "AKAKA BILL," UNTIL THE BILL IS APPROPRIATELY AMENDED TO INCLUDE A VOTE BY THE PEOPLE OF HAWAII TO APPROVE ENACTMENT OF THE MEASURE.

    (Akaka Bill; Congress Oppose Unless Voters Approve)

    JHW
         

    52

    REQUESTING THE AUDITOR TO CONDUCT A MANAGEMENT AUDIT OF THE DEPARTMENT OF HUMAN SERVICES'S VOCATIONAL REHABILITATION AND SERVICES FOR THE BLIND DIVISION.

    (Management Audit of the Vocational Rehabilitation and Services for the Blind Division)

    HMS
         

    53

    URGING CONGRESS AND THE FEDERAL COMMUNICATIONS COMMISSION TO ADDRESS PUBLIC INTERESTS AND COMMUNITY NEEDS FOR LOCAL MEDIA, INCLUDING NEWS, ACCESS, AND OWNERSHIP.

    MAT
         

    54

    RECOGNIZING THE IMPORTANCE OF A CULTURAL EXCHANGE BETWEEN THE PEOPLE OF HAWAI`I AND THE ISLAND OF RA`IATEA AND REQUESTING KE ALA `OLINO NATIVE CULTURAL CENTER TO CONVENE A TASK FORCE TO HELP FACILITATE A CULTURAL EXCHANGE.

    (Cultural Exchange; Island of Ra`iatea)

    EIA/MAT
         

    55

    REQUESTING THAT THE HA`IKU ELEMENTARY SCHOOL CAFETERIA BE KNOWN AS THE JEAN SUZUKI CAFETERIA IN HONOR OF FORMER HA`IKU ELEMENTARY SCHOOL CAFETERIA EMPLOYEE JEAN SUZUKI.

    (Haiku Elementary School; Jean Suzuki Cafeteria)

    EDM
         
         
         
         
         
         
         
         

    RE-REFERRALS FOR WEDNESDAY, MARCH 15, 2006
         

    H.B. NO.

    TITLE

    RE-REFERRAL
         

    2181, H.D. 2

    RELATING TO ECONOMIC DEVELOPMENT.

    (Hawaii Innovations Partnership Corporation) (MAT, WAM)

    MAT/BED, WAM
         

    2765, H.D. 2

    RELATING TO INVASIVE SPECIES.

    (Invasive Species Control) (WLA/EIA)

    WLA/EIA, WAM
         
         
  11. Miscellaneous Communications: None
  12. Miscellaneous Business
  13. Announcements

    14. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    CPH/MAT

    3/15/2006 9:00 AM

    016

    JHW

    3/15/2006 9:00 AM

    229

    LBR/JHW

    3/15/2006 9:00 AM

    229

    EDM

    3/15/2006 1:15 PM

    225

    EDM/HTH

    3/15/2006 1:15 PM

    225

    LBR/TGO

    3/15/2006 1:15 PM

    224

    TGO

    3/15/2006 1:15 PM

    224

    TGO/HTH/HMS

    3/15/2006 2:00 PM

    224

    HMS/HTH

    3/15/2006 2:30 PM

    016

    LBR

    3/15/2006 2:45 PM

    229

    TGO

    3/15/2006 3:00 PM

    224

    TGO/EDM

    3/15/2006 3:00 PM

    224

    CPH

    3/16/2006 9:00 AM

    Auditorium

    JHW

    3/16/2006 9:00 AM

    229

    EIA

    3/16/2006 1:15 PM

    224

    EIA/JHW

    3/16/2006 1:15 PM

    224

    HRE/HTH/EDM

    3/16/2006 1:15 PM

    212

    MAT

    3/16/2006 1:15 PM

    225

    HMS/IGA/EDM

    3/16/2006 2:15 PM

    016

    HMS

    3/16/2006 2:45 PM

    016

    IGA/JHW

    3/16/2006 2:45 PM

    225

    TGO/IGA

    3/16/2006 3:00 PM

    225

    JHW

    3/17/2006 9:00 AM

    229

    WAM

    3/17/2006 10:00 AM

    211

    EDM

    3/17/2006 1:15 PM

    225

    EDM/IGA

    3/17/2006 1:15 PM

    225

    TGO/JHW

    3/17/2006 1:15 PM

    224

    TGO/CPH

    3/17/2006 2:00 PM

    224

    HTH

    3/17/2006 2:30 PM

    016

    TGO

    3/17/2006 2:30 PM

    224

    BED

    3/17/2006 2:45 PM

    414

    JHW

    3/20/2006 9:00 AM

    229

    HTH

    3/20/2006 2:30 PM

    016

    HTH/JHW

    3/20/2006 2:30 PM

    016

    BED/EIA/MAT

    3/20/2006 2:45 PM

    414

    HTH

    3/22/2006 2:30 PM

    016

    WLA

    3/22/2006 2:45 PM

    212
         

  14. Adjournment