THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2006

 

FIFTY-THIRD DAY

April 21, 2006-Friday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Bishop Stephen Randolph Sykes

Hawaii Inclusive Orthodox Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: None
  2. Departmental Communications: None
  3. House Communications: No(s). 771-780
    4.  

    Informing the Senate that on April 20, 2006, the following Senate Concurrent Resolution(s) were Adopted in the House:

    REFERRAL
         

    771

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

    "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)

    FILE
         

    772

    S.C.R. No. 6, S.D. 1

    "URGING PRESIDENT BUSH AND THE UNITED STATES CONGRESS TO NOT PRIVATIZE SOCIAL SECURITY."(Legislature; Social Security (SD1))

    FILE
         

    773

    S.C.R. No. 43

    "URGING HAWAII'S CONGRESSIONAL DELEGATION TO SUPPORT THE ENACTMENT OF LAWS THAT ASSIST HUNGRY AMERICANS."(Urging Hawaii's congressional delegation to support legislation that assists hungry Americans.)

    FILE
         

    774

    S.C.R. No. 47

    "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)

    FILE
         

    775

    S.C.R. No. 95

    "URGING THE CITY AND COUNTY OF HONOLULU TO IMPROVE THE SYNCHRONIZATION OF TRAFFIC SIGNALS ON ALA MOANA BOULEVARD BETWEEN PUNCHBOWL STREET AND KALAKAUA AVENUE, AND TO ASSUME JURISDICTION OF THAT SAME PORTION OF ROAD IN THE INTEREST OF PROMOTING SAFE TRAFFIC FLOW."(Ala Moana Boulevard Traffic Signals; Jurisdiction)

    FILE
         

    776

    S.C.R. No. 108

    "REQUESTING CONGRESS TO EXAMINE THE PUBLIC POLICY UNDERLYING THE RECOVERY OF MEDICAL ASSISTANCE PAYMENTS."(Recovery of Medical Assistance Payments)

    FILE
         

    777

    S.C.R. No. 144, S.D. 1

    "URGING THE DEVELOPMENT OF A LONG-TERM CARE INFRASTRUCTURE PLAN FOR HAWAII TO ENSURE PUBLIC SAFETY WHILE SUPPORTING AGING IN PLACE."(LTC Infrastructure; Aging in Place; DOH-DHS Task Force; Study)

    FILE
         

    778

    S.C.R. No. 204, S.D. 1

    "RECOGNIZING MARCH AS CAREGIVERS' MONTH IN HAWAII."(Caregivers' Month)

    FILE
         
         
     

    Informing the Senate that on April 20, 2006, the House named conferees to the following bill(s):

    		  
         

    779

    S.B. No. 1740, S.D. 1, H.D. 1

    "RELATING TO ADJUSTING THE INCOME TAX BRACKETS."(Income Taxes)

    Representatives Takamine, Chair; Kawakami, Nakasone, Moses

    FILE
         
     

    S.B. No. 3185, S.D. 2, H.D. 2

    "RELATING TO ENERGY."(Public Utilities Commission; Energy)

    Representatives Morita/Herkes/Takamine,

    Co-Chairs; Thielen

    		  
         
         
     

    Informing the Senate that on April 20, 2006, the House made changes to conferee assignments to the following bill(s):

    		  
         

    780

    H.B. No. 266, H.D. 1, S.D. 2

    "RELATING TO LABOR."(Public Employees; Collective Bargaining)

    Adds Representative Stevens as a member.

    FILE
         
     

    H.B. No. 2043, H.D. 2, S.D. 3

    "RELATING TO MEDICAID."(Medicaid; Cost Share Program)

    Adds Representative Finnegan as a member.

    		  
         
     

    S.B. No. 3084, S.D. 2, H.D. 3

    "RELATING TO REAL PROPERTY."(Lands Having Value as a Resource to the State; Appraisals)

    Discharges Representative Evans as a Co-Chair.

    Adds Representative Yamashita as a Co-Chair.

    		  
         
     

    S.B. No. 3105, S.D. 2, H.D. 2

    "RELATING TO DEPOSIT BEVERAGE CONTAINER PROGRAM."(Deposit Beverage Container Program)

    Discharges Representative Kawakami as a

    Co-Chair.

    Adds Representative Takamine as a Co-Chair.

    		  
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None

    6.  

     

     

     

     

     

  6. Standing Committee Reports: No(s). 3705-3710

    7. 3705

    (One Day Notice)

    (TGO/IGA)

    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."

    (Recommends Adoption)
         
         

    3706

    (One Day Notice)

    (TGO/IGA)

    H.C.R. No. 204

    "REQUESTING THE STATE AND THE COUNTIES TO PRIORITIZE EXPENDITURE OF FEDERAL HOMELAND SECURITY FUNDS ON INTEROPERABLE COMMUNICATIONS SYSTEMS."

    (Recommends Adoption)
         
         

    3707

    (One Day Notice)

    (BED)

    H.C.R. No. 196

    "SUPPORTING THE CONCEPT OF A PUBLIC-PRIVATE JOINT VENTURE TO DEVELOP A NEW ADVANCED SIMULATOR AIRLINE TRAINING FACILITY IN HAWAII."

    (Recommends Adoption)
         
         

    3708

    (One Day Notice)

    (BED)

    H.C.R. No. 205

    "REQUESTING THE AUDITOR TO REVIEW PROPOSED PLANS AND EXISTING AND ANTICIPATED APPROPRIATION REQUESTS OF THE STADIUM AUTHORITY AND THE GOVERNOR FOR THE REPAIR, RENOVATION, REFURBISHMENT, OR REPLACEMENT OF THE ALOHA STADIUM."

    (Recommends Adoption)
         
         

    3709

    (One Day Notice)

    (HTH)

    H.C.R. No. 219, H.D. 1

    "REQUESTING THE DEPARTMENT OF HEALTH TO SUPPORT THE FORMATION OF A HEALTH INFORMATION EXCHANGE SYSTEM FOR THE STATE OF HAWAII." (AMENDED TITLE)

    (Recommends Adoption)
         
         

    3710

    (HMS)

    H.C.R. No. 147, H.D. 1

    "REQUESTING THE ATTORNEY GENERAL TO PROVIDE A DEFINITIVE LEGAL OPINION REGARDING WHETHER CHAPTERS 383, 386, 392, AND 393 HAWAII REVISED STATUTES, EACH EXCLUDE FROM THE DEFINITION OF "EMPLOYMENT" THOSE INDIVIDUALS WHO PERFORM ATTENDANT CARE AND DAY CARE SERVICES AUTHORIZED UNDER THE SOCIAL SECURITY ACT, AS AMENDED, IN THE EMPLOY OF PERSONS, INCLUDING CORPORATIONS AND PRIVATE AGENCIES, WHO CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES AND WHO ARE THE RECIPIENTS OF SOCIAL SERVICE PAYMENTS."

    (Recommends referral to LBR)
         

    ORDER OF THE DAY

  7. Advise and Consent

    8. 3698

    HTH

    G.M. No. 341

    "Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Oahu Service Area Board, Gubernatorial Nominee, RICHARD CHARLES JACKSON, for a term to expire 6-30-2010."
         
         
         
  8. Adopt Resolutions

    9. 3685

    IGA

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

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION SERVICES OF THE CITY AND COUNTY OF HONOLULU TO INSTALL A LIGHTED CROSSWALK ON KAMEHAMEHA HIGHWAY IN KANEOHE, OAHU, AT THE CROSSWALK BETWEEN LILIPUNA ROAD AND MEHANA STREET AND TO ESTABLISH A MARKED CROSSWALK ON KEOLU DRIVE NEAR KAELEPULU ELEMENTARY SCHOOL."
         
         

    3686

    WLA/IGA

    H.C.R. No. 12, S.D. 1

    "REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO SEEK FEDERAL FUNDING TO BE USED FOR PROGRAMS AND MEASURES INTENDED TO PREVENT AND FIGHT AGAINST INVASIVE SPECIES IN HAWAII." (AMENDED TITLE)
         
         

    3687

    WLA

    H.C.R. No. 30, H.D. 1, S.D. 1

    "URGING THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY TO IMMEDIATELY RESCIND BOTH ITS REQUEST FOR PROPOSALS AND ANY CONTRACT OR AGREEMENT AWARDED, OR COMMITMENT MADE, TO ALEXANDER & BALDWIN PROPERTIES, INC. FOR THE DEVELOPMENT OF KAKAAKO MAKAI."
         
         

    3688

    WLA

    H.C.R. No. 98, H.D. 1, S.D. 1

    "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO PREPARE A PLAN TO REDUCE THE STATEWIDE FERAL PIG POPULATION." (AMENDED TITLE)
         
         

    3689

    WLA/IGA

    H.C.R. No. 155, H.D. 1

    "REQUESTING THE COUNTY OF MAUI, WITH THE ASSISTANCE OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES, TO DETERMINE THE FEASIBILITY OF REDEVELOPING THE OLD NAHIKU SCHOOL SITE AND MAKING IT AVAILABLE AS A COMMUNITY FACILITY."
         
         

    3690

    WLA

    H.C.R. No. 164, S.D. 1

    "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CONSULT WITH HAWAIIAN CIVIC ORGANIZATIONS BEFORE SELECTING ANY COMMERCIAL VENDORS AT THE NU`UANU PALI LOOKOUT ON THE ISLAND OF OAHU." (AMENDED TITLE)
         
         

    3691

    WLA

    H.C.R. No. 249

    "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO REEVALUATE THE BOUNDARIES OF THE HILO BAY RECREATIONAL THRILL CRAFT ZONE."
         
         

    3692

    HTH

    H.C.R. No. 84

    "REQUESTING THE DEPARTMENT OF HEALTH TO REVIEW THE AVAILABLE SCIENTIFIC RESEARCH ON DECABROMODIPHENYL ETHER AND ASSESS THE AVAILABILITY OF SAFER, EFFECTIVE, AND TECHNICALLY FEASIBLE FLAME RETARDANTS THAT CAN BE USED IN ITS PLACE."
         
         

    3693

    HTH/IGA

    H.C.R. No. 76, H.D. 1

    "REQUESTING THE DEPARTMENT OF HEALTH TO REPORT ON THE STATUS OF ITS LITIGATION AGAINST WASTE MANAGEMENT OF HAWAII, INC. AND THE CITY AND COUNTY OF HONOLULU AND REPORT ON HOW THE DEPARTMENT OF HEALTH CONDUCTS HEALTH SURVEILLANCES RELATED TO ENVIRONMENTAL FACTORS, SUCH AS LANDFILLS AND INFECTIOUS DISEASE, AND HOW THE DIVISIONS OF THE DEPARTMENT OF HEALTH WORK TOGETHER TO SHARE INFORMATION AND DETERMINE ANY ACTIONS TO BE TAKEN."
         
         

    3694

    HTH

    H.C.R. No. 88, S.D. 1

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

    3695

    HTH

    H.C.R. No. 197, S.D. 1

    "REQUESTING LEAHI HOSPITAL TO DEVELOP A MASTER PLAN AND FINANCIAL FEASIBILITY REPORT FOR ITS EXISTING CAMPUS THAT WILL TAKE ADVANTAGE OF ITS UNIQUE LOCATION AND RELATIONSHIPS IN EAST HONOLULU."
         
         

    3696

    HTH/HMS

    H.C.R. No. 290, H.D. 1

    "REQUESTING THE EXECUTIVE OFFICE ON AGING TO CONVENE A FOCUS GROUP WITH OTHER STAKEHOLDERS TO ASSESS YEARLY SERVICE DELIVERY NEEDS AND LONG-TERM STRATEGIC PLANNING FOR KUPUNA CARE."
         
         

    3697

    HTH

    H.C.R. No. 226, H.D. 1

    "REQUESTING THE DEPARTMENT OF HEALTH TO CONVENE A WORKING GROUP TO DETERMINE FAMILY PLANNING FUNDING NEEDS FOR LEGISLATIVE CONSIDERATION IN THE STATE'S FISCAL BIENNIAL 2007-2009 BUDGET."

         
         

    3699

    EDM

    H.C.R. No. 47

    "URGING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO SUPPORT IMPROVING THE QUALITY OF THE NATION'S PUBLIC SCHOOLS BY SUBSTANTIALLY INCREASING EDUCATION FUNDING."
         
         

    3700

    EDM

    H.C.R. No. 49, H.D. 1

    "REQUESTING THE UNITED STATES SECRETARY OF THE NAVY TO PROVIDE RENT RELIEF TO THE USS BOWFIN SUBMARINE MUSEUM AND PARK AND USS MISSOURI MEMORIAL."

         
         

    3701

    EDM

    H.C.R. No. 120

    "URGING THE BUSH ADMINISTRATION AND THE UNITED STATES CONGRESS TO FULLY RESTORE THE BUDGET CUTS TO THE EQUIPMENT AND PERSONNEL BUDGET OF THE ARMY NATIONAL GUARD AND AIR NATIONAL GUARD OF THE UNITED STATES."
         
         

    3702

    EIA

    H.C.R. No. 312, H.D. 1, S.D. 1

    "URGING THE ADOPTION OF THE UNITED NATIONS' CONVENTION ON THE RIGHTS OF THE CHILD." (AMENDED TITLE)
         
         

    3703

    IGA/TGO

    H.C.R. No. 86

    "REQUESTING THE CITY AND COUNTY OF HONOLULU TO INCLUDE IN ITS TRANSPORTATION PLAN FOR A LIGHT-RAIL TRANSIT SYSTEM AN ADDITIONAL SPUR LINE TO MILILANI."
         
         
         

     

     

     

     

     

     

     

     

  9. Final Reading

    10. Conf. Com. Rep. No. 1-06

    S.B. No. 2479, H.D. 1, C.D. 1

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

    (SPRBS; Constitutional Amendment; Agricultural Infrastructure)
       
       

    Conf. Com. Rep. No. 2-06

    S.B. No. 995, S.D. 1, H.D. 1, C.D. 1

    "PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE HAWAII CONSTITUTION TO REMOVE THE MANDATORY RETIREMENT AGE FOR STATE JUSTICES AND JUDGES."

    (Judges; Mandatory Retirement Age)
       
       

    Conf. Com. Rep. No. 3-06

    S.B. No. 2246, S.D. 1, H.D. 2, C.D. 1

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

    (Sexual Assault Crimes; ConAm)
       
       

    Conf. Com. Rep. No. 51-06

    H.B. No. 1917, H.D. 2, S.D. 2, C.D. 1

    "PROPOSING AMENDMENTS TO THE HAWAII CONSTITUTION RELATING TO THE ESTABLISHMENT OF A SALARY COMMISSION."

    (Salary Commission; Constitutional Amendment)
       
       

    S.B. No. 2357, H.D. 1

    "RELATING TO SECTION 13 OF ACT 380, SESSION LAWS OF HAWAII 1997."

    (Environment; endangered species)
  10. Re-Referrals

    11. RE-REFERRALS FOR FRIDAY, APRIL 21, 2006
         

    G.M. NO.

    TITLE

    RE-REFERRAL
         

    444

    Submitting for consideration and confirmation to the Hawai'i Community Development Authority (HCDA), Gubernatorial Nominee, AMANDA S. CHANG-KWAK, for a term to expire 6-30-2010.

    WLA
         

    493

    Submitting for consideration and confirmation to the Hawai'i Community Development Authority (HCDA), Gubernatorial Nominee, C. SCOTT BRADLEY, for a term to expire 6-30-2010.

    (Hawai'i Community Development Authority (HCDA)) (CPH)

    WLA
  11. Miscellaneous Communications: None
  12. Miscellaneous Business

    13. Waiver of Referral; One day notice for adoption of resolutions

    H.C.R. No. 92, H.D. 1

    "URGING THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES TO RELAX RESTRICTIONS ON THE ISSUANCE OF TEMPORARY NONIMMIGRANT E2 AND E3 VISAS TO ALLOW GRADUATE NURSES TO ENTER THE UNITED STATES FOR THE PURPOSE OF TAKING THE NATIONAL COUNCIL LICENSURE EXAMINATION FOR REGISTERED AND PRACTICAL NURSES, AND TO ALLOCATE MORE EMPLOYMENT VISAS TO INDIVIDUALS TO ENTER THE UNITED STATES TO WORK AS NURSES."

    H.C.R. No. 193, H.D. 1

    "REQUESTING THE ESTABLSHMENT OF A TEMPORARY ADVISORY COMMISSION ON BIOPROSPECTING."

    H.C.R. No. 235, H.D. 1

    "REQUESTING A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING VIDEO-CONFERENCING CAPABILITY IN THE STATE CAPITOL TO ENSURE CLOSE COMMUNICATION WITH NEIGHBOR ISLAND RESIDENTS."

     

    Waiver of Referral; One day notice for Advise and Consent

    G.M. No. 511

    Submitting for consideration and confirmation to the Board of Directors of the Natural Energy Laboratory of Hawai'i Authority, Gubernatorial Nominee, JOHN DELONG, for a term to expire 6-30-2007.

     

  13. Announcements

    14. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    MAT

    4/21/2006 9:00 AM

    414

    WAM

    4/21/2006 9:00 AM

    211

    BED

    4/21/2006 9:30 AM

    414

    CPH/IGA

    4/21/2006 10:00 AM

    016

    CPH

    4/21/2006 11:15 AM

    016

    LBR

    4/21/2006 1:00 PM

    225

    HTH

    4/21/2006 2:30 PM

    229

    WLA

    4/21/2006 2:45 PM

    212

    JHW

    4/24/2006 9:00 AM

    407

    WAM

    4/24/2006 9:00 AM

    211

    HTH

    4/24/2006 2:30 PM

    229

    CPH

    4/24/2006 6:00 PM

    016

    TGO

    4/26/2006 9:30 AM

    224

    WLA

    4/26/2006 2:45 PM

    212
         

  14. Adjournment