THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2006

 

FIFTY-SIXTH DAY

April 26, 2006-Wednesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Edna Yano

Konko Mission of Wahiawa

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 538-545

    2. G.M. NO.

    TITLE

    REFERRAL
         

    538

    Informing the Senate that on April 25, 2006, the Governor signed the following bill into law: SB2593 (Act 20)

    FILE
         

    539

    Informing the Senate that on April 25, 2006, the Governor signed the following bill into law: SB2598 (Act 21)

    FILE
         

    540

    Informing the Senate that on April 25, 2006, the Governor signed the following bill into law: SB2050 (Act 22)

    FILE
         

    541

    Informing the Senate that on April 25, 2006, the Governor signed the following bill into law: SB2051 (Act 23)

    FILE
         

    542

    Informing the Senate that on April 25, 2006, the Governor signed the following bill into law: SB2332 SD2 (Act 24)

    FILE
         

    543

    Informing the Senate that on April 25, 2006, the Governor signed the following bill into law: SB2506 HD1 (Act 25)

    FILE
         

    544

    Informing the Senate that on April 25, 2006, the Governor signed the following bill into law: HB2275 SD1 (Act 26)

    FILE
         

    545

    Informing the Senate that on April 25, 2006, the Governor signed the following bill into law: SB2263 SD1 (Act 27)

    FILE
         
         
  2. Departmental Communications: None
  3. House Communications: No(s). 836-837
    4.  

    Informing the Senate that on April 25, 2006, the following Senate Concurrent Resolution(s) were adopted in the House:

    REFERRAL
         

    836

    S.C.R. No. 58

    "URGING THE OWNERS OF KUKUI GARDENS TO SELL THE PROJECT TO A QUALIFIED AFFORDABLE HOUSING NON-PROFIT ORGANIZATION."(Kukui Gardens; Non-Profit Organization; Sale)

    FILE
         

    837

    S.C.R. No. 107

    "URGING THE COUNTY COUNCILS TO ASSIST LOW-INCOME HOMEOWNERS."(URGING TAX RELIEF FOR LOW INCOME HOUSEHOLDS.)

    FILE
         
         
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Conference Committee Reports: Nos. 12-16; 55-59

    7. 12-06

    (48 Hrs. Notice)

    S.B. No. 427, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO CHILD PASSENGER SAFETY."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    13-06

    (48 Hrs. Notice)

    S.B. No. 706, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO INTOXICATING LIQUOR VIOLATIONS INVOLVING MINORS."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    14-06

    (48 Hrs. Notice)

    S.B. No. 2667, S.D. 2, H.D. 1, C.D. 1

    "RELATING TO FIREWORKS."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       
       

    15-06

    (48 Hrs. Notice)

    S.B. No. 2237, S.D. 1, H.D. 1, C.D. 1

    "RELATING TO STATE RISK MANAGEMENT."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    16-06

    (48 Hrs. Notice)

    S.B. No. 2021, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO THE EMPLOYER-UNION HEALTH BENEFITS TRUST FUND."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    55-06

    (48 Hrs. Notice)

    H.B. No. 2639, H.D. 2, S.D. 2, C.D. 1

    "RELATING TO USE OF INTOXICANTS WHILE OPERATING A MOTOR VEHICLE."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    56-06

    (48 Hrs. Notice)

    H.B. No. 1861, S.D. 1, C.D. 1

    "RELATING TO EDUCATION."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    57-06

    (48 Hrs. Notice)

    H.B. No. 862, H.D. 2, S.D. 2, C.D. 1

    "RELATING TO TRAFFIC OFFENSES."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    58-06

    (48 Hrs. Notice)

    H.B. No. 2422, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO HIGHWAY SAFETY."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       

    59-06

    (48 Hrs. Notice)

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

    "RELATING TO COURTS."

    (Recommends passage on FINAL READING as amended C.D. 1)
       
       
  7. Standing Committee Report Nos. 3746-3763

    8. 3746

    (One Day Notice)

    (CPH)

    G.M. No. 367

    "Submitting for consideration and confirmation to the Credit Union Advisory Board, Gubernatorial Nominee, GAY L. MATHEWS, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3747

    (One Day Notice)

    (JHW)

    G.M. No. 401

    "Submitting for consideration and confirmation to the Commission on the Status of Women, Gubernatorial Nominee, ROSEMARIE E. AQUINO, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)
         
         

    3747

    (One Day Notice)

    (JHW)

    G.M. No. 402

    "Submitting for consideration and confirmation to the Commission on the Status of Women, Gubernatorial Nominee, ROSEMARIE E. AQUINO, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3748

    (One Day Notice)

    (JHW)

    G.M. No. 403

    "Submitting for consideration and confirmation to the Commission on the Status of Women, Gubernatorial Nominee, MAMO P. GRAHAM, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3749

    (One Day Notice)

    (JHW)

    G.M. No. 404

    "Submitting for consideration and confirmation to the Commission on the Status of Women, Gubernatorial Nominee, MARGARET KURODA MASUNAGA, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3750

    (One Day Notice)

    (JHW)

    G.M. No. 445

    "Submitting for consideration and confirmation to the Correctional Industries Advisory Committee, Gubernatorial Nominee, TAI SUK HAHN, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3750

    (One Day Notice)

    (JHW)

    G.M. No. 446

    "Submitting for consideration and confirmation to the Correctional Industries Advisory Committee, Gubernatorial Nominee, THOMAS K. SING, for a term to expire 6-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    3751

    (One Day Notice)

    (JHW)

    G.M. No. 468

    "Submitting for consideration and confirmation to the Island Burial Council, Island of Molokai, Gubernatorial Nominee, MALIA K.H. AKUTAGAWA ESQ., for a term to expire 6-30-2008."

    (Recommends Senate Consent to Nomination)
         
         

    3752

    (One Day Notice)

    (JHW)

    G.M. No. 469

    "Submitting for consideration and confirmation to the Island Burial Council, Island of Oahu, Gubernatorial Nominee, T. KEHAULANI KRUSE, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3753

    (One Day Notice)

    (JHW)

    G.M. No. 470

    "Submitting for consideration and confirmation to the Island Burial Council, Islands of Kaua'i and Ni'ihau, Gubernatorial Nominee, DEE M. CROWELL, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3754

    (One Day Notice)

    (JHW)

    G.M. No. 489

    "Submitting for consideration and confirmation to the Board of Registration of the Island of Hawai'i, Gubernatorial Nominee, CAROL M. JUNG, for a term to expire 6-30-2009."

    (Recommends Senate Consent to Nomination)
         
         

    3755

    (One Day Notice)

    (JHW)

    G.M. No. 503

    "Submitting for consideration and confirmation to the Island Burial Council, Island of Hawai'i, Gubernatorial Nominee, ULULANI K. SHERLOCK, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3756

    (One Day Notice)

    (JHW)

    G.M. No. 504

    "Submitting for consideration and confirmation to the Island Burial Council, Islands of Maui and Lanai, Gubernatorial Nominee, CHARLES KAULUWEHI MAXWELL SR., for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3757

    (One Day Notice)

    (JHW)

    G.M. No. 517

    "Submitting for consideration and confirmation to the Board of Registration of the Islands of Maui, Molokai, Lanai, and Kaho'olawe, Gubernatorial Nominee, ANDREW MUTSUO HIROSE, for a term to expire 6-30-2007."

    (Recommends Senate Consent to Nomination)
         
         

    3758

    (One Day Notice)

    (WLA)

    G.M. No. 316

    "Submitting for consideration and confirmation to the Kaua'i Aquatic Life and Wildlife Advisory Committee, Gubernatorial Nominee, LOIS FUJISHIGE, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3759

    (One Day Notice)

    (WLA)

    G.M. No. 342

    "Submitting for consideration and confirmation to the Natural Area Reserve System Commission, Gubernatorial Nominee, JAMES D. JACOBI PHD, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3760

    (One Day Notice)

    (WLA)

    G.M. No. 399

    "Submitting for consideration and confirmation to the Board of Certification of Public Water System Operators, Gubernatorial Nominee, GUY SEICHI MORIGUCHI, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3761

    (One Day Notice)

    (WLA)

    G.M. No. 407

    "Submitting for consideration and confirmation to the Board of Land and Natural Resources, Gubernatorial Nominee, TIMOTHY E. JOHNS, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3762

    (One Day Notice)

    (WLA)

    G.M. No. 337

    "Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee, RANSOM A.K. PILTZ, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3763

    (One Day Notice)

    (WLA)

    G.M. No. 318

    "Submitting for consideration and confirmation to the Hawai'i Community Development Authority (HCDA), Gubernatorial Nominee, EVELYN E. SOUZA, for a term to expire 6-30-2010."

    (Recommends Senate Consent to Nomination)
         
         

    3763

    (One Day Notice)

    (WLA)

    G.M. No. 366

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

    (Recommends Senate Consent to Nomination)
         
         
         

    ORDER OF THE DAY

  8. Advise and Consent

    9. 3745

    MAT

    G.M. No. 371

    "Submitting for consideration and confirmation to the Board of Directors of the High Technology Development Corporation, Gubernatorial Nominee, GAIL ANN HONDA PHD, for a term to expire 6-30-2010."
         
         

    3745

    MAT

    G.M. No. 372

    "Submitting for consideration and confirmation to the Board of Directors of the High Technology Development Corporation, Gubernatorial Nominee, ASSUMPTA C. RAPOZA, for a term to expire 6-30-2010."
         
         
         
  9. Adopt Resolutions

    10. H.C.R. No. 278, H.D. 1

    "REQUESTING THE OFFICE OF HAWAIIAN AFFAIRS, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF HAWAIIAN HOME LANDS, DEPARTMENT OF LAND AND NATURAL RESOURCES, CITY AND COUNTY OF HONOLULU, HONOLULU BOARD OF WATER SUPPLY, QUEEN EMMA FOUNDATION, AND KAMEHAMEHA SCHOOLS TO SUPPORT THE ESTABLISHMENT OF A CULTURAL PRESERVE IN HA'IKU VALLEY AND NORTH HALAWA VALLEY."
         
         

    3743

    WLA

    H.C.R. No. 11, H.D. 1

    "REQUESTING THE HAWAII INVASIVE SPECIES COUNCIL TO STUDY AND REPORT ON SPECIFIC STRATEGIES TO PREVENT THE SPREAD OF COQUI FROGS AND OTHER INVASIVE SPECIES."

         
         

    3744

    WLA

    H.C.R. No. 300, H.D. 1

    "ESTABLISHING A LAND USE WORKING GROUP TO ADDRESS ISSUES RELATING TO NON-AGRICULTURAL ACTIVITY ON AGRICULTURALLY CLASSIFIED LANDS."

         
         
         
  10. Final Reading

    11. Conf. Com. Rep. No. 5-06

    S.B. No. 2213, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO TORT ACTIONS."

    (Motorsports Facilities; Tort Actions; Waiver of Liability; Qualified Immunity)
       
       
       
  11. Miscellaneous Communications: None
  12. Miscellaneous Business

    13. Reconsideration of Disagreement to House Amendments; One Day Notice for Final Reading

    S.B. No. 2259, S.D. 1, H.D. 1

    JHW

    "RELATING TO INFORMATION CHARGING."
         

    Motion to Reconsider Disagreement to House Amendments; One Day Notice for Final Adoption

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

    EDM/TGO

    "REQUESTING THAT THE DEPARTMENT OF DEFENSE PRESENT A HOMELAND SECURITY PLANT OT HE LEGISLATURE."

    S.C.R. No. 67, S.D. 1, H.D. 1

    HMS, WAM

    "REQUESTING THE DEPARTMENT OF HUMAN SERVICES ENSURE THAT THE CURRENT RESIDENTIAL ALTERNATIVES COMMUNITY CARE FOSTER FAMILY HOMES SERVICE ARRAY IS NOT DISMANTLED WITH THE PROPOSED QUEST EXPANSION PROGRAM."

    S.C.R. No. 70, H.D. 1

    HTH

    "REQUESTING THE DIRECTOR OF HEALTH TO CONVENE A TASK FORCE TO DETERMINE A MEANS FOR A CHILD TO BE SCREENED PRIOR TO THE START OF THE CHILD'S EDUCATION, AT THE CHILD’S FIRST ENTRY INTO PRESCHOOL AND ELEMENTARY SCHOOL, TO PROVIDE FOR DIAGNOSIS, REFERRAL, CORRECTION OR TREATMENT, AND TO INTEGRATE THE EFFORTS OF COMMUNITY AND STATE ORGANIZATIONS RELATED TO SCREENING UNDER THIS HAWAII CHILDHOOD SCREENING INITIATIVE."

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

    WLA

    "URGING THE CITY AND COUNTY OF HONOLULU TO PROCEED WITH CAUTION IN REVIEWING DEVELOPMENTS ON STEEP HILLSIDES WITH POTENTIAL ROCKFALL HAZARDS."

    S.C.R. No. 117, S.D. 1, H.D. 1

    HTH

    "REQUESTING THE GOVERNOR TO CONVENE A TASK FORCE TO EVALUATE AND RECOMMEND POSSIBLE PROCEDURAL, STATUTORY, AND PUBLIC POLICY CHANGES TO MINIMIZE THE CENSUS AT HAWAII STATE HOSPITAL AND PROMOTE COMMUNITY-BASED HEALTH SERVICES FOR FORENSIC PATIENTS."

    S.C.R. No. 118, S.D. 1, H.D. 1

    HTH

    "REQUESTING THE DEPARTMENT OF BUDGET AND FINANCE TO CONVENE A TASK FORCE TO RESEARCH AVENUES OF APPROPRIATE FINANCING FOR CAPITAL IMPROVEMENTS FOR FEDERALLY QUALIFIED HEALTH CENTERS, INCLUDING USE OF REVOLVING LOAN FUNDS."

     

  13. Announcements

    14. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    TGO

    4/26/2006 9:30 AM

    224

    BED

    4/26/2006 2:30 PM

    414

    WLA

    4/26/2006 2:45 PM

    212

    HRE

    4/27/2006 9:30 AM

    329

    MAT/BED/WLA/HRE

    4/27/2006 10:30 AM

    423

    MAT

    4/27/2006 10:30 AM

    423

    LBR

    4/27/2006 1:15 PM

    225

    LBR

    4/27/2006 1:30 PM

    225

    LBR

    4/27/2006 2:00 PM

    225

    LBR

    4/27/2006 2:30 PM

    225

    LBR

    4/27/2006 3:00 PM

    225

    HMS

    4/27/2006 4:00 PM

    229

    TSM

    4/28/2006 9:30 AM

    224

    CPH

    4/28/2006 11:15 AM

    016

  14. Adjournment