THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2006

 

SIXTIETH DAY

May 4, 2006-Thursday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Kekapa Lee

Lili'uokalani Protestant Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 579-606

    2. G.M. NO.

    TITLE

    REFERRAL
         

    579

    Informing the Senate that on May 1, 2006, the Governor signed the following bill into law: HB2210 SD1 (Act 53)

    FILE
         

    580

    Informing the Senate that on May 1, 2006, the Governor signed the following bill into law: HB1833 HD1 SD2 (Act 54)

    FILE
         

    581

    Informing the Senate that on May 1, 2006, the Governor signed the following bill into law: HB2443 HD1 SD1 (Act 55)

    FILE
         

    582

    Informing the Senate that on May 1, 2006, the Governor signed the following bill into law: HB3194 HD1 SD1 (Act 56)

    FILE
         

    583

    Informing the Senate that on May 1, 2006, the Governor signed the following bill into law: HB3018 HD1 SD1 (Act 57)

    FILE
         

    584

    Informing the Senate that on May 1, 2006, the Governor signed the following bill into law: HB2780 HD1 SD1 (Act 58)

    FILE
         

    585

    Informing the Senate that on May 1, 2006, the Governor signed the following bill into law: HB1983 HD1 SD1 (Act 59)

    FILE
         

    586

    Informing the Senate that on May 1, 2006, the Governor signed the following bill into law: HB2207 HD1 SD1 (Act 60)

    FILE
         

    587

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB2747 HD2 SD1 (Act 61)

    FILE
         

    588

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB2508 HD2 SD1 (Act 62)

    FILE
         

    589

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB1899 HD1 SD1 (Act 63)

    FILE
         

    590

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB3257 HD1 SD2 (Act 64)

    FILE
         

    591

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB2457 HD1 SD1 (Act 65)

    FILE
         

    592

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB877 HD2 SD1 (Act 66)

    FILE
         

    593

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB1982 HD2 SD1 (Act 67)

    FILE
         

    594

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB1984 HD1 SD1 (Act 68)

    FILE
         

    595

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB2192 HD2 SD1 (Act 69)

    FILE
         

    596

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB1947 SD1 (Act 70)

    FILE
         

    597

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB2434 SD1 (Act 71)

    FILE
         

    598

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB2898 SD1 (Act 72)

    FILE
         

    599

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB3253 SD1 (Act 73)

    FILE
         

    600

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB2050 HD2 SD1 (Act 74)

    FILE
         

    601

    Informing the Senate that on May 2, 2006, the Governor signed the following bill into law: HB1 HD2 SD1 (Act 75)

    FILE
         

    602

    Informing the Senate that on May 2, 2006, the Governor returned the following bill without approval: HB173 HD1 SD1

    FILE
         

    603

    Informing the Senate that on May 2, 2006, the Governor returned the following bill without approval: HB1155 HD1 SD2

    FILE
         

    604

    Informing the Senate that on May 2, 2006, the Governor returned the following bill without approval: HB2454 HD1 SD2

    FILE
         

    605

    Informing the Senate that on May 2, 2006, the Governor has withdrawn LINDA L. SMITH, Gubernatorial Nominee to the Hawaii Public Housing Administration (PHA) (GM515) from consideration by the Senate.

    FILE
         

    606

    Informing the Senate that on May 3, 2006, the following bill became law without the Governor's signature: HB1233 HD1 SD1 (Act 76)

    FILE
         
         
  2. Departmental Communications: No(s). 51

    3. D.C. NO.

    TITLE

    REFERRAL
         

    51

    From the State Auditor dated May 1, 2006, transmitting a report, "Management Audit of the Hawaii Youth Correctional Facility," (Report No. 06-03).

    FILE
         
         
  3. House Communications: No(s). 850-863

    4. 850

    Informing the Senate that on May 2, 2006, the following House and Senate Bill(s) passed Final Reading in the House:

    REFERRAL
     

    SEE ATTACHED LETTER

    FILE
         
         
         
         
         
         
         
         
     

    Informing the Senate that on May 2, 2006, the House reconsidered its action in disagreeing to the amendments proposed by the Senate and has agreed to the amendments. The House further informs the Senate that said bill(s) passed Final Reading in the House:

    		  

    851

    H.B. No. 2278, H.D. 1, S.D. 2

    "MAKING EMERGENCY APPROPRIATIONS FOR THE DEPARTMENT OF THE ATTORNEY GENERAL."(DNA Registry Special Fund; Emergency Appropriations)

    FILE
         

    852

    H.B. No. 2313, S.D. 1

    "RELATING TO BUSINESS REGISTRATION."(Business Registration)

    FILE
         

    853

    H.B. No. 2315, S.D. 2

    "RELATING TO THE CODE OF FINANCIAL INSTITUTIONS."(Financial Institutions; Licensing and Regulation)

    FILE
         

    854

    H.B. No. 2319, H.D. 1, S.D. 1

    "RELATING TO INSURANCE."(Insurance; Statutory Conformity)

    FILE
         

    855

    H.B. No. 2423, H.D. 1, S.D. 1

    "RELATING TO THE STATE HIGHWAY FUND."(Transportation Projects; Funding)

    FILE
         

    856

    H.B. No. 2535, S.D. 2

    "RELATING TO OFFENSES AGAINST PROPERTY RIGHTS."(Theft; Use of Computers)

    FILE
         

    857

    H.B. No. 2641, H.D. 1, S.D. 2

    "RELATING TO PUBLIC WORK PROJECTS."(Prevailing Wages; Indirect Public Works Projects; Compliance)

    FILE
         

    858

    H.B. No. 2713, H.D. 1, S.D. 1

    "RELATING TO SPECIAL PURPOSE REVENUE BONDS FOR KAWAIAHAO SCHOOL."(Kawaiahao School; SPRBs)

    FILE
         

    859

    H.B. No. 2964, H.D. 1, S.D. 2

    "RELATING TO AFFORDABLE HOUSING."(Nonprofits; Affordable Housing; Land Leases)

    FILE
         

    860

    H.B. No. 2987, H.D. 1, S.D. 2

    "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR SAINT LOUIS SCHOOL."(SPRBs; Saint Louis School)

    FILE
         

    861

    H.B. No. 3100, H.D. 1, S.D. 1

    "RELATING TO MORTGAGE FORECLOSURES."(Mortgage Foreclosures)

    FILE
         
         
     

    Informing the Senate that on May 2, 2006, the House agreed to the amendments proposed by the Senate to the following House Concurrent Resolution(s) and that said resolution(s) passed Final Adoption:

    		  

    862

    H.C.R. No. 145, H.D. 1, S.D. 1

    "URGING THE UNITED STATES PRESIDENT AND CONGRESS TO CREATE A PATHWAY FOR UNDOCUMENTED IMMIGRANTS TO LEGALIZE THEIR STATUS AND REQUESTING THE STATE AND THE FEDERAL GOVERNMENT TO ADEQUATELY REIMBURSE HEALTH CARE PROVIDERS SO THAT THEY CAN CONTINUE TO PROVIDE EMERGENCY MEDICAL TREATMENT TO THIS POPULATION."(Illegal Immigrants)

    FILE
         

    863

    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."(commercial vendors; Nu`uanu Pali Lookout.)

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

    6. ORDER OF THE DAY

  6. Advise and Consent

    7. 3763

    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.
         
         

    3763

    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.
         
         

    3806

    CPH

    G.M. No. 515

    "Submitting for consideration and confirmation to the Hawaii Public Housing Administration (PHA), Gubernatorial Nominee, LINDA L. SMITH, for a term to expire 6-30-2010."
         
         

    3826

    WLA

    G.M. No. 428

    "Submitting for consideration and confirmation to the Board of Land and Natural Resources, Gubernatorial Nominee, FRANK DE LUZ III, for a term to expire 6-30-2010."

    (Recommends Senate Not Consent to Nomination)
         
         

    3827

    WLA

    G.M. No. 473

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

    (Recommends Senate Not Consent to Nomination)
         
         
         
  7. Final Reading

    8. Conf. Com. Rep. No. 187-06

    S.B. No. 2133, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO HEALTH."

    (Health)
       
       

    Conf. Com. Rep. No. 208-06

    H.B. No. 3056, H.D. 2, S.D. 2, C.D. 1

    "RELATING TO KAWAI NUI MARSH."

    (Kawai Nui Marsh; Appropriation)
       
       

    Conf. Com. Rep. No. 238-06

    S.B. No. 2546, S.D. 1, H.D. 2, C.D. 1

    "RELATING TO ECONOMIC DEVELOPMENT."

    (Innovation Special Fund)
       
       

    Conf. Com. Rep. No. 239-06

    H.B. No. 2043, H.D. 2, S.D. 3, C.D. 1

    "RELATING TO MEDICAID."

    (Medicaid; Cost Share Program)
       
       

    Conf. Com. Rep. No. 240-06

    H.B. No. 2258, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO HUMAN SERVICES."

    (TANF Funds; Legislative Appropriation and Oversight)
       
       

    Conf. Com. Rep. No. 241-06

    H.B. No. 2878, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO SPECIAL PURPOSE REVENUE BONDS TO ASSIST TRADEWINDS FOREST PRODUCTS, LLC."

    (Special Purpose Revenue Bonds; Tradewinds Forest Products, LLC)
       
       

    Conf. Com. Rep. No. 242-06

    H.B. No. 2806, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO SUSTAINABILITY."

    (Hawaii 2050 Sustainability Plan)
       
       

    Conf. Com. Rep. No. 243-06

    H.B. No. 3036, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO CONTRACTS."

    (Contracts; Prompt Payment)
       
       

    Conf. Com. Rep. No. 244-06

    H.B. No. 3118, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO CORPORATIONS."

    (Corporations; Responsible Business Corporation Act)
       
       

    Conf. Com. Rep. No. 245-06

    H.B. No. 3261, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO INGENUITY CORPORATION CHARTER."

    (Hawaii Ingenuity Corporation Charter)
       
       

    Conf. Com. Rep. No. 246-06

    H.B. No. 3060, H.D. 1, S.D. 2, C.D. 1

    "RELATING TO HIGH TECHNOLOGY."

    (High Technology Development Corporation)
       
       

    Conf. Com. Rep. No. 247-06

    H.B. No. 2419, H.D. 1, S.D. 3, C.D. 1

    "RELATING TO TAXATION."

    (Integrated Tax Services and Management Systems; Special Fund)
       
       

    Conf. Com. Rep. No. 248-06

    H.B. No. 957, H.D. 1, S.D. 1, C.D. 1

    "RELATING TO TAXATION."

    (Income Tax Relief)
       
       

    Floor Amendment No. 12

    S.B. No. 2461, S.D. 1, H.D. 1, C.D. 2

    "RELATING TO GRANTS."

    (Grants; Transportation; Housing; Maui)
       
       

    Floor Amendment No. 13

    S.B. No. 218, S.D. 4, H.D. 1, C.D. 2

    "RELATING TO HEALTH."

    (Health; MICT; EMT Stipend Program)
       
       

    Floor Amendment No. 15

    S.B. No. 2006, S.D. 3, H.D. 2, C.D. 2

    "PROHIBITING SALES OF OPIHI."

    (Conservation and Resources; Resource Management; Opihi)
       
       

    Conf. Com. Rep. No. 237-06

    S.B. No. 2956, S.D. 2, H.D. 2, C.D. 1

    "RELATING TO EDUCATION."

    (Fix Hawaii's Schools Act)
       
       
  8. Miscellaneous Communications: No(s). 7

    9. M.C. NO.

    TITLE

    REFERRAL
         

    7

    From the Board of Trustees of the Hawaii Employer-Union Health Benefits Trust Fund, dated May 1, 2006, transmitting its Annual Report, prepared by Garner Consulting.

    FILE
         
         
  9. Miscellaneous Business

    10. Adopt Resolutions:

    S.R. No. 164

    AMENDING THE RULES OF THE SENATE OF THE TWENTY-THIRD LEGISLATURE OF THE STATE OF HAWAII TO PROVIDE ADDITIONAL TIME TO CONSIDER GUBERNATORIAL NOMINATIONS.
       
       
       

    S.R. No. 165

    STATING THE INTENT OF THE LEGISLATURE REGARDING THE EFFECTIVE DATE OF HOUSE BILL NO. 2043, HOUSE DRAFT 2, SENATE DRAFT 3, CONFERENCE DRAFT 1.
       
       

    S.R. No. 166

    REQUESTING THE CONTINUATION OF THE HIGH CORE PROGRAM FOR ALIENATED YOUTH.
       
       

    S.R. No. 167

    AMENDING THE SENATE RULES RELATING TO ETHICS.
       
       

    S.R. No. 168

    AMENDING THE SENATE RULES RELATING TO INTERNSHIPS.
       
       

    S.R. No. 169

    AMENDING THE SENATE RULES RELATING TO FUNDRAISERS.
       
       

    Usual and Customary Resolutions:

    S.R. No. 170

    RETURNING ALL BILLS, CONCURRENT RESOLUTIONS, AND RESOLUTIONS TO THE CLERK'S DESK.
       

    S.R. No. 171

    AUTHORIZING THE PRESIDENT TO APPROVE THE JOURNAL OF THIS SENATE FOR THE SIXTIETH DAY.
       

    S.R. No. 172

    RELATING TO THE PRINTING OF THE JOURNAL OF THE SENATE.
       

    S.R. No. 173

    AUTHORIZING THE PRESIDENT TO DESIGNATE THE EMPLOYEES WHO WILL WORK AFTER ADJOURNMENT.
       

    S.R. No. 174

    REGARDING COMPLETION OF THE WORK OF THE TWENTY-THIRD LEGISLATURE SUBSEQUENT TO THE ADJOURNMENT THEREOF.
       

    S.R. No. 175

    INFORMING THE HOUSE AND GOVERNOR THAT THE SENATE IS READY TO ADJOURN SINE DIE.
       

     

  10. Announcements
  11. Adjournment