THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2006

 

FORTIETH DAY

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

 

 

ORDER OF BUSINESS

Invocation by Pastor Wendy Tajima

Waipahu United Church of Christ

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 362-363

    2. G.M. NO.

    TITLE

    REFERRAL
         

    362

    Dated February 22, 2006, transmitting the Hawaii Coastal Zone Management Program Annual Report for Fiscal Year Ending June 30, 2005, prepared by the Department of Business, Economic Development and Tourism, Office of Planning pursuant to Section 205A-3, HRS.

    FILE
         

    363

    Dated March 15, 2006, transmitting Hawaii's Sister State/Cities Program Report, prepared by the Department of Business, Economic Development and Tourism, Strategic Marketing and Support Division, pursuant to Section 201-84.

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: No(s). 367-385
    4.  

    Informing the Senate that on March 28, 2006, the House disagreed to the amendments made by the Senate to the following House Bill(s):

    REFERRAL
         

    367

    H.B. No. 1983, H.D. 1, S.D. 1

    "RELATING TO THE JUDICIARY."(Judiciary; Emergency)

    FILE
         
     

    H.B. No. 2098, H.D. 1, S.D. 1

    "RELATING TO DEVELOPMENTAL DISABILITIES."(Health; Developmental Disabilities)

    		  
         
     

    H.B. No. 2207, H.D. 1, S.D. 1

    "RELATING TO SEXUAL ASSAULT."(Crimes; Sexual Assault of a Minor)

    		  
         
     

    H.B. No. 2898, S.D. 1

    "RELATING TO ARBITRATION."(Arbitration)

    		  
         
     

    H.B. No. 2899, H.D. 1, S.D. 1

    "RELATING TO JUDGMENT LIENS."(Judgment Liens)

    		  
         
     

    Informing the Senate that on March 28, 2006, the following Senate Bill(s) passed Third Reading in the House:

    		  

    368

    S.B. No. 706, S.D. 2, H.D. 2

    "RELATING TO INTOXICATING LIQUOR VIOLATIONS INVOLVING MINORS."(Liquor to a Minor)

    AGREE/DISAGREE
         

    369

    S.B. No. 826, H.D. 2

    "RELATING TO CHILD ABUSE."(Child Abuse)

    AGREE/DISAGREE
         

    370

    S.B. No. 895, S.D. 1, H.D. 2

    "RELATING TO LIMU MANAGEMENT AREA."(Ewa Beach; Shoreline; Limu; Management Area)

    AGREE/DISAGREE
         

    371

    S.B. No. 2255, S.D. 1, H.D. 1

    "RELATING TO TIME LIMITATIONS."(Fraud Crimes; Statute of Limitations)

    AGREE/DISAGREE
         

    372

    S.B. No. 2283, S.D. 1, H.D. 1

    "RELATING TO INSURANCE."(Insurance; Examination and Reporting Requirements)

    AGREE/DISAGREE
         

    373

    S.B. No. 2430, S.D. 2, H.D. 1

    "RELATING TO ELECTION."(Elections; Convicted Felons)

    AGREE/DISAGREE
         

    374

    S.B. No. 2501, S.D. 1, H.D. 1

    "RELATING TO FISHING."(Fishing Rights and Regulations; Ha`ena, Kauai)

    AGREE/DISAGREE
         

    375

    S.B. No. 2506, H.D. 1

    "RELATING TO THE REPRODUCTIVE RIGHTS PROTECTION COMMITTEE."(Reproductive Rights Protection; Persons with Disabilities)

    AGREE/DISAGREE
         

    376

    S.B. No. 2603, S.D. 1, H.D. 1

    "RELATING TO MOTOR VEHICLE INSURANCE."(Motor Vehicle Insurance; Offenses)

    AGREE/DISAGREE
         

    377

    S.B. No. 2924, S.D. 1, H.D. 1

    "RELATING TO CRUELTY TO ANIMALS."(Forfeiture of Pet Animals; Impoundment)

    AGREE/DISAGREE
         

    378

    S.B. No. 2941, S.D. 1, H.D. 1

    "RELATING TO BRUSH FIRES."(Crimes; Brush Fires; Parental Liability)

    AGREE/DISAGREE
         
         
         
         
         
         
     

    Informing the Senate that on March 28, 2006, the following House Concurrent Resolution(s) were adopted in the House:

    		  

    379

    H.C.R. No. 39, H.D. 1

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH A HAWAII PORT AUTHORITY TASK FORCE TO DETERMINE THE FEASIBILITY OF ESTABLISHING A HAWAII PORT AUTHORITY."(Requesting the DOT to establish a Hawaii Port Authority Task Force.)

    TGO/WLA
         

    380

    H.C.R. No. 40, H.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 HARBOR USERS GROUP'S REPORT."(Statewide Harbor Improvements; Harbor User Group)

    TGO
         

    381

    H.C.R. No. 43

    "URGING THE DEPARTMENT OF TRANSPORTATION TO INCREASE THE NUMBER OF SAFETY SIGNS ALONG MAMALAHOA HIGHWAY AND QUEEN KAAHUMANU HIGHWAY AND TO EXPEDITE THE CREATION OF A DIVIDED HIGHWAY FROM KAILUA-KONA TO KAWAIHAE."(Urging the Department of Transportation to increase the number of safety signs along Mamalahoa Highway and Queen Kaahumanu Highway and to expedite the creation of a divided highway from Kailua-Kona to Kawaihae.)

    TGO
         

    382

    H.C.R. No. 51

    "REQUESTING THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO ASSIST IN THE PRIVATIZATION OF ITS PALOLO VALLEY HOMES PROJECT."(Palolo Valley Homes Project)

    CPH
         

    383

    H.C.R. No. 54

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO COMPLY WITH COUNTY ORDINANCES AND STANDARDS RELATING TO OUTSIDE LIGHTING AT AIRPORTS AND HARBORS, AND TO PROVIDE CUT-OFF OR FULLY SHIELDED LENS FIXTURES TO DIRECT ARTIFICIAL LIGHTING DOWNWARD TO PREVENT DIFFUSION THE LIGHT INTO THE ATMOSPHERE, ON THE ISLAND OF HAWAII AND THE ISLAND OF MAUI."(DOT; Airports and Harbors; Bright Lights)

    TGO
         

    384

    H.C.R. No. 79

    "REQUESTING THE HARBORS DIVISION OF THE DEPARTMENT OF TRANSPORTATION TO PROCEED WITH EXECUTING THE TEN-YEAR LEASE APPROVED BY THE DEPARTMENT OF LAND AND NATURAL RESOURCES FOR PACIFIC SHIPYARDS INTERNATIONAL TO CONTINUE TO PROVIDE VITAL SHIP REPAIR SERVICES TO THE MARITIME COMMUNITY FROM ITS EXISTING HONOLULU HARBOR FACILITY."(Requesting the Harbors Division of the Department of Transportation to proceed with executing the ten-year lease approved by the Department of Land and Natural Resources for Pacific Shipyards International to continue to provide vital ship repair services to the maritime community from its existing Honolulu Harbor facility.)

    TGO/WLA
         

    385

    Informing the Senate that on March 29, 2006, the Speaker has discharged all House Conferees listed on the House and Senate Action Sheets dated March 28, 2006.

    FILE
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Standing Committee Reports: No(s). 3170-3184

    7. 3170

    (One Day Notice)

    (BED)

    G.M. No. 250

    "Submitting for consideration and confirmation to the Small Business Regulatory Review Board, Gubernatorial Nominee, CHARLES K. H. AU, for a term to expire 6-30-2009."

    (Recommends Senate Consent to Nomination)
         
         

    3171

    (One Day Notice)

    (BED)

    G.M. No. 258

    "Submitting for consideration and confirmation to the Community-Based Economic Development Advisory Council, Gubernatorial Nominee, JOHN ISOBE, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3172

    (One Day Notice)

    (HTH)

    G.M. No. 280

    "Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Maui Service Area Board, Gubernatorial Nominee, THOMAS E. ABBOTT SR., for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3172

    (One Day Notice)

    (HTH)

    G.M. No. 281

    "Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Maui Service Area Board, Gubernatorial Nominee, DONNA DARLENE HANSEN, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3172

    (One Day Notice)

    (HTH)

    G.M. No. 282

    "Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Maui Service Area Board, Gubernatorial Nominee, EILEEN ANNE LANG, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3173

    (EIA)

    S.R. No. 40, S.D. 1

    "REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATION REQUIRING THE UNITED STATES DEPARTMENT OF DEFENSE TO LOCATE AND REMOVE CHEMICAL AND CONVENTIONAL MUNITIONS DUMPED AT SEA."

    (Recommends referral to EDM)
         
         

    3174

    (EIA)

    S.C.R. No. 63, S.D. 1

    "REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATION REQUIRING THE UNITED STATES DEPARTMENT OF DEFENSE TO LOCATE AND REMOVE CHEMICAL AND CONVENTIONAL MUNITIONS DUMPED AT SEA."

    (Recommends referral to EDM)
         
         

    3175

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 3250, H.D. 1

    "RELATING TO SUPERSEDEAS BONDS."

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

    3176

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 386, H.D. 1, S.D. 1

    "RELATING TO COURTS."

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

    3177

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 877, H.D. 2, S.D. 1

    "RELATING TO CRIME."

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

    3178

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 1233, H.D. 1, S.D. 1

    "RELATING TO CIVIL RIGHTS."

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

    3179

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 2282, H.D. 1, S.D. 1

    "RELATING TO CHAPTER 846E."

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

    3180

    (48 Hrs. Notice)

    (JHW)

    H.B. No. 2897, H.D. 1, S.D. 1

    "RELATING TO APPELLATE JURISDICTION."

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

    3181

    (One Day Notice)

    (EIA/MAT)

    S.R. No. 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."

    (Recommends Adoption)
         
         

    3182

    (One Day Notice)

    (EIA/MAT)

    S.C.R. No. 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."

    (Recommends Adoption)
         
         

    3183

    (One Day Notice)

    (IGA/CPH)

    S.C.R. No. 107

    "URGING THE COUNTY COUNCILS TO ASSIST LOW-INCOME HOMEOWNERS."

    (Recommends Adoption)
         
         

    3184

    (One Day Notice)

    (IGA/CPH)

    S.R. No. 63

    "URGING THE COUNTY COUNCILS TO ASSIST LOW-INCOME HOMEOWNERS."

    (Recommends Adoption)
         
         
         

     

     

     

    ORDER OF THE DAY

  7. Adopt Resolutions

    8. 3168

    CPH

    S.R. No. 37

    "URGING THE OWNERS OF KUKUI GARDENS TO SELL THE PROJECT TO A QUALIFIED AFFORDABLE HOUSING NON-PROFIT ORGANIZATION."
         
         

    3169

    CPH

    S.C.R. No. 58

    "URGING THE OWNERS OF KUKUI GARDENS TO SELL THE PROJECT TO A QUALIFIED AFFORDABLE HOUSING NON-PROFIT ORGANIZATION."
         
         
  8. Deferred Matters - Third Reading

    9. (See Stand. Com. Rep. No. 3041)

    H.B. No. 1982, H.D. 2, S.D. 1

    "RELATING TO THE STATE FISH." - (MAT/TGO)

    (Emblems and Symbols; State Fish)
       

    (See Stand. Com. Rep. No. 3042)

    H.B. No. 1984, H.D. 1, S.D. 1

    "RELATING TO CONVICTION DATA." - (JHW)

    (Criminal History; Conviction Data; Review)
       

    (See Stand. Com. Rep. No. 3043)

    H.B. No. 2299, H.D. 1, S.D. 1

    "RELATING TO CHAPTER 803." - (JHW)

    (Criminal Defendants'; Constitutional Rights)
       

    (See Stand. Com. Rep. No. 3044)

    H.B. No. 2896

    "RELATING TO EMOTIONAL DISTRESS." - (JHW)

    (Tort Actions; Emotional Distress; Property)
       

    (See Stand. Com. Rep. No. 3045)

    H.B. No. 3253, S.D. 1

    "RELATING TO THE HAWAII RULES OF EVIDENCE." - (JHW)

    (Evidence; Appeal)
       

    (See Stand. Com. Rep. No. 3163)

    H.B. No. 2508, H.D. 2, S.D. 1

    "RELATING TO WAIVER OF ABANDONED VEHICLE PUBLIC AUCTION REQUIREMENTS." - (TGO/IGA)

    (Abandoned Vehicles; Public Auction Requirements; Waiver)
       
       
  9. Deferred Matters – Referral

    10. HSE. COM. NO.

    		  

    REFERRAL
         

    357

    H.C.R. No. 19

    "REQUESTING THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO STUDY POTENTIAL USE OF WATERWAYS AND LANDS WITHIN PEARL HARBOR UNDER FEDERAL JURISDICTION FOR PUBLIC TRANSPORTATION."(Pearl Harbor Waterways and Lands; Potential Use of)

    EDM/IGA, TGO
         

    358

    H.C.R. No. 53

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION AND THE COUNTY FIRE CHIEFS TO COLLABORATE AND COOPERATE TO REACH A MUTUALLY AGREEABLE SOLUTION OVER FIRE INSPECTION RESPONSIBILITIES AT THE HONOLULU INTERNATIONAL AIRPORT AND OTHER STATE AIRPORTS."(Fire Inspections; Airports)

    TGO/IGA
         
         
  10. Re-Referrals

    11. RE-REFERRALS FOR THURSDAY, MARCH 30, 2006
         

    G.M. NO.

    TITLE

    RE-REFERRAL
         

    319

    Submitting for consideration and confirmation to the Community-Based Economic Development Advisory Council, Gubernatorial Nominee, LORRAINE M. MENDOZA, for a term to expire 6-30-2010.

    (Community-Based Economic Development Advisory Council) (WLA)

    BED
         
         
         
         

    H.B. NO.

    TITLE

    RE-REFERRAL
         

    1368, H.D. 2

    RELATING TO LAND USE.

    (Land Use; Permissible Use; Agricultural Districts) (WLA, JHW)(WLA/JHW)

    WLA
         

    2265, H.D. 2

    RELATING TO CORRECTIONS.

    (Department of Public Safety; Hawaii Paroling Authority) (JHW, WAM)

    JHW
         
         
         
         
         

    S.C.R. NO.

    TITLE

    RE-REFERRAL
         

    49

    REQUESTING THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS TO AUTHORIZE THE STATE FIRE COUNCIL TO EMPLOY AN ADMINISTRATOR AND AN ADMINISTRATIVE ASSISTANT.

    (State Fire Council; Administrator; Administrative Assistant) (LBR)

    LBR/IGA
         

    S.R. NO.

    TITLE

    RE-REFERRAL
         

    30

    REQUESTING THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS TO AUTHORIZE THE STATE FIRE COUNCIL TO EMPLOY AN ADMINISTRATOR AND AN ADMINISTRATIVE ASSISTANT.

    (State Fire Council; Administrator; Administrative Assistant) (LBR)

    LBR/IGA
         
         
  11. Miscellaneous Communications: None
  12. Miscellaneous Business
  13. Announcements

    14. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    CPH

    3/30/2006 9:00 AM

    016

    JHW

    3/30/2006 9:00 AM

    229

    WAM

    3/30/2006 9:00 AM

    211

    TGO/IGA

    3/30/2006 2:45 PM

    225

    TGO

    3/30/2006 3:30 PM

    225

    WAM

    3/31/2006 9:00 AM

    211

    CPH

    3/31/2006 10:00 AM

    016

    CPH/IGA

    3/31/2006 10:00 AM

    016

    WLA/HTH/IGA

    3/31/2006 1:00 PM

    212

    EDM

    3/31/2006 1:15 PM

    225

    BED

    3/31/2006 2:45 PM

    414

    EDM

    3/31/2006 3:00 PM

    225

    CPH/HTH

    4/3/2006 9:00 AM

    016

    JHW

    4/3/2006 9:00 AM

    229

    TGO/WAM

    4/3/2006 9:00 AM

    211

    WAM

    4/3/2006 10:00 AM

    211

    EDM

    4/3/2006 1:00 PM

    225

    TGO

    4/3/2006 1:15 PM

    224

    TGO

    4/3/2006 1:45 PM

    224

    LBR/IGA/HMS

    4/3/2006 2:45 PM

    229

    CPH

    4/4/2006 9:00 AM

    016

    JHW/WAM

    4/4/2006 9:00 AM

    211

    MAT

    4/4/2006 1:15 PM

    225

    HMS

    4/4/2006 2:45 PM

    016

    EDM/HMS

    4/5/2006 2:00 PM

    225

    HTH

    4/5/2006 2:30 PM

    016

    EDM-EDN

    4/5/2006 3:00 PM

    309

    JHW

    4/12/2006 9:00 AM

    229

  14. Adjournment