THE SENATE

OF THE

TWENTY-FOURTH LEGISLATURE

STATE OF HAWAI'I

REGULAR SESSION OF 2007

 

 

FORTY-SECOND DAY

 

April 2, 2007-MONDAY-11:30 O'CLOCK A.M.

 

 

 

ORDER OF BUSINESS

 

Invocation by    Pastor Michael Palompo

                        New Hope Mililani

Roll Call

Approval of the Journal

Introductions

1.      Messages from the Governor: No(s). 722

G.M. NO.

TITLE

REFERRAL

 

 

 

722

Informing the Senate that on March 29, 2007, the Governor has withdrawn LISA ANN S.L. WONG, Gubernatorial Nominee to the Civil Rights Commission from consideration by the Senate (GM303).

FILE

 

 

 

 

 

 

 

2.      Departmental Communications: None


3.      House Communications: No(s). 486-494

 

Informing the Senate that on March 30, 2007, the following Senate Bill(s) passed Third Reading in the House:

 

REFERRAL

 

 

 

486

S.B. No. 58, S.D. 2, H.D. 1

"RELATING TO DENTISTS."

(Dentists)

AGREE/DISAGREE

 

 

 

487

S.B. No. 1444, S.D. 1, H.D. 1

"RELATING TO THE PURPOSE OF THE HAWAII YOUTH CORRECTIONAL FACILITY."

(Hawaii Youth Correctional Facility)

AGREE/DISAGREE

 

 

 

488

S.B. No. 1528, H.D. 1

"RELATING TO TRAFFIC INFRACTIONS."

(Traffic Infractions; Penalties)

AGREE/DISAGREE

 

 

 

489

S.B. No. 776

"RELATING TO FIRE PROTECTION."

(Fire Protection)

FILE

 

 

 

490

S.B. No. 923

"RELATING TO CONDOMINIUMS."

(Condominiums; Association of Apartment Owners; Liens)

FILE

 

 

 

491

S.B. No. 1513

"RELATING TO MOTOR VEHICLES."

(Relating to motor vehicles)

FILE

 

 

 

 

 

 


 

Informing the Senate that on March 30, 2007, the following House Concurrent Resolution(s) were adopted in the House:

 

 

492

H.C.R. No. 72, H.D. 1

"REQUESTING THE DEPARTMENT OF HEALTH TO DEVELOP AND ADOPT POLICIES THAT ENSURE NOTIFICATION BY ALL HEALTH CARE FACILITIES AND HEALTH CARE PROVIDERS TO THE GOVERNOR-DESIGNATED PROTECTION AND ADVOCACY ENTITY OR AGENCY PRIOR TO TRANSFERRING ANY INDIVIDUAL OUT-OF-STATE TO A TREATMENT, REHABILITATION, OR LONG-TERM CARE FACILITY."

(ELDERLY AND DEVELOPMENTALLY DISABLED; TRANSFERS TO MAINLAND HEALTH CARE FACILITIES; NOTIFICATION TO APPROPRIATE STATE AGENCIES.)

 

 

 

 

493

H.C.R. No. 135, H.D. 1

"REQUESTING A COMPARISON STUDY OF THE BOARD OF REGENTS OF THE UNIVERSITY OF HAWAII AND THE BOARDS OF REGENTS OF SIMILAR STATE UNIVERSITIES ACROSS THE NATION."

(UH Board of Regents; Comparison Study)

 

 

 

 

494

H.C.R. No. 293

"URGING THE GOVERNOR TO CHANGE THE HAWAII ADMINISTRATIVE RULES TO ALLOW RAPID HIV TESTING IN THE STATE."

(Rapid HIV testing; Hawaii Administrative Rules)

 

 

 

 

 

 

 

 

4.      Senate Communications: None

5.      Judiciary Communications: None

6.      Deferred Matters - Standing Committee Reports: No(s). 1353

 

1353

(One Day Notice)

(PBS/HSP)

H.B. No. 1358, H.D. 1, S.D. 1

"RELATING TO THE PURPOSE OF THE HAWAII YOUTH CORRECTIONAL FACILITY."

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

 

 

 

 

 

 

 

7.      Standing Committee Reports: No(s). 1410-1435

 

1410

(One Day Notice)

(EDU)

S.C.R. No. 56, S.D. 1

"REQUESTING THE HAWAII EDUCATIONAL POLICY CENTER TO REPORT ON THE RETENTION AND CHANGE IN ASSIGNMENT OF TEACHERS WITHIN THE DEPARTMENT OF EDUCATION." (AMENDED TITLE)

(Recommends Adoption)

 

 

 

 

 

 

1411

(One Day Notice)

(EDU)

S.R. No. 32, S.D. 1

"REQUESTING THE HAWAII EDUCATIONAL POLICY CENTER TO REPORT ON THE RETENTION AND CHANGE IN ASSIGNMENT OF TEACHERS WITHIN THE DEPARTMENT OF EDUCATION." (AMENDED TITLE)

(Recommends Adoption)

 

 

 

 

 

 

1412

(One Day Notice)

(EDU/WAH)

S.C.R. No. 95, S.D. 1

"REQUESTING THE COLLEGE OF TROPICAL AGRICULTURE AND HUMAN RESOURCES AT THE UNIVERSITY OF HAWAII AND THE HAWAII AGRICULTURE RESEARCH CENTER TO REFRAIN FROM DEVELOPING, TESTING, PROPAGATING, CULTIVATING, RAISING, OR GROWING GENETICALLY MODIFIED TRADITIONAL HAWAIIAN TARO VARIETIES IN THE STATE OR CONDUCTING ANY TYPE OF RESEARCH THAT WOULD SIGNIFICANTLY IMPACT TRADITIONAL HAWAIIAN TARO VARIETIES."

(Recommends Adoption)

 

 

 

 

 

 

1413

(One Day Notice)

(EDU)

S.C.R. No. 78, S.D. 1

"REQUESTING THE DEPARTMENT OF EDUCATION TO REPORT ON CURRENT INITIATIVES AND DEVELOP A PLAN FOR FUTURE AREAS OF IMPROVEMENT." (AMENDED TITLE)

(Recommends Adoption)

 

 

 

 

 

 

1414

(One Day Notice)

(EDU)

S.R. No. 45, S.D. 1

"REQUESTING THE DEPARTMENT OF EDUCATION TO REPORT ON CURRENT INITIATIVES AND DEVELOP A PLAN FOR FUTURE AREAS OF IMPROVEMENT." (AMENDED TITLE)

(Recommends Adoption)

 

 

 

 

 

 

1415

(One Day Notice)

(EDU)

S.C.R. No. 67

"REQUESTING THE P-20 COUNCIL AND THE UNIVERSITY OF HAWAII TO REPORT ON EARLY COLLEGE AWARENESS PROGRAMS FOR ELEMENTARY AND MIDDLE SCHOOL STUDENTS."

(Recommends Adoption)

 

 

 

 

 

 

1416

(One Day Notice)

(EDU)

S.C.R. No. 166

"REQUESTING THE DEPARTMENT OF EDUCATION TO ESTABLISH A TEMPORARY LOCATION FOR THE MANOA PUBLIC LIBRARY TO ACCOMMODATE THE COMMUNITY AND STUDENTS DURING THE LIBRARY'S TWO-YEAR CLOSURE."

(Recommends Adoption)

 

 

 

 

 

 

1417

(One Day Notice)

(EDU)

S.C.R. No. 79

"REQUESTING THE UNIVERSITY OF HAWAII TO REPORT ON THE LINKING OF FUNDING FOR INDIVIDUAL CAMPUSES WITH PERFORMANCE GOALS."

(Recommends Adoption)

 

 

 

 

 

 

1418

(One Day Notice)

(EDU)

S.R. No. 46

"REQUESTING THE UNIVERSITY OF HAWAII TO REPORT ON THE LINKING OF FUNDING FOR INDIVIDUAL CAMPUSES WITH PERFORMANCE GOALS."

(Recommends Adoption)

 

 

 

 

 

 

1419

(One Day Notice)

(EDU)

S.C.R. No. 73, S.D. 1

"REQUESTING THAT THE UNIVERSITY OF HAWAII SUBMIT A REPORT WITH INFORMATION REGARDING THE SALARIES OF UNIVERSITY OF HAWAII AT MANOA FACULTY AND ADMINISTRATORS." (AMENDED TITLE)

(Recommends Adoption)

 

 

 

 

 

 

1420

(One Day Notice)

(HSP/IGM)

S.C.R. No. 23

"REQUESTING EACH COUNTY TO EXAMINE ITS CURRENT ZONING LAWS, BUILDING CODES, AND SUBDIVISION REQUIREMENTS AND ELIMINATE ENCUMBRANCES TO FAMILY CAREGIVING AND AGING IN PLACE."

(Recommends Adoption)

 

 

 

 

 

 

1421

(One Day Notice)

(HSP/IGM)

S.C.R. No. 69

"URGING THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO REMOVE DESIGNATED BUILDINGS AT KALIHI VALLEY HOMES SCHEDULED FOR DEMOLITION."

(Recommends Adoption)

 

 

 

 

 

 

1422

(One Day Notice)

(HSP/IGM)

S.R. No. 42

"URGING THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO REMOVE DESIGNATED BUILDINGS AT KALIHI VALLEY HOMES SCHEDULED FOR DEMOLITION."

(Recommends Adoption)

 

 

 

 

 

 

1423

(One Day Notice)

(HSP/JDL)

S.C.R. No. 10

"REQUESTING THE JUDICIARY TO IMPLEMENT A PILOT FAMILY COURT PARENTING PLAN MODEL PROGRAM IN THE FIRST CIRCUIT FAMILY COURT."

(Recommends Adoption)

 

 

 

 

 

 

1424

(One Day Notice)

(HSP)

S.C.R. No. 21

"URGING THE CHILDCARE AND ELDERCARE COMMUNITIES TO ACKNOWLEDGE THE UNIQUE CIRCUMSTANCES OF GRANDPARENTS RAISING GRANDCHILDREN BY SUPPORTING POLICIES AND SERVICES THAT ARE CONDUCIVE TO THAT FAMILIAL RELATIONSHIP."

(Recommends Adoption)

 

 

 

 

 

 

1425

(One Day Notice)

(HSP)

S.R. No. 9

"URGING THE CHILDCARE AND ELDERCARE COMMUNITIES TO ACKNOWLEDGE THE UNIQUE CIRCUMSTANCES OF GRANDPARENTS RAISING GRANDCHILDREN BY SUPPORTING POLICIES AND SERVICES THAT ARE CONDUCIVE TO THAT FAMILIAL RELATIONSHIP."

(Recommends Adoption)

 

 

 

 

 

 

1426

(One Day Notice)

(HSP)

H.C.R. No. 25

"URGING THE CHILDCARE AND ELDERCARE COMMUNITIES TO ACKNOWLEDGE THE UNIQUE CIRCUMSTANCES OF GRANDPARENTS RAISING GRANDCHILDREN BY SUPPORTING POLICIES AND SERVICES THAT ARE CONDUCIVE TO THAT FAMILIAL RELATIONSHIP."

(Recommends Adoption)

 

 

 

 

 

 

1427

(One Day Notice)

(WAH)

S.C.R. No. 3, S.D. 1

"REQUESTING THE PUBLIC UTILITIES COMMISSION TO STUDY THE RATE STRUCTURES OF PRIVATE ENTITIES THAT FURNISH WATER USED FOR AGRICULTURAL PURPOSES." (AMENDED TITLE)

(Recommends Adoption)

 

 

 

 

 

 

1428

(One Day Notice)

(WAH)

S.C.R. No. 206

"REQUESTING THE DEPARTMENT OF AGRICULTURE TO DEVELOP A TARO SECURITY AND PURITY RESEARCH PROGRAM."

(Recommends Adoption)

 

 

 

 

 

 

1429

(One Day Notice)

(WAH)

S.C.R. No. 192

"REQUESTING THE DEPARTMENT OF AGRICULTURE TO ESTABLISH A TASK FORCE TO DEVELOP LONG-TERM SOLUTIONS TO EFFECTIVELY PROTECT THE LIVESTOCK INDUSTRY IN HAWAII."

(Recommends Adoption)

 

 

 

 

 

 

1430

(One Day Notice)

(WAH)

S.R. No. 122

"REQUESTING THE DEPARTMENT OF AGRICULTURE TO ESTABLISH A TASK FORCE TO DEVELOP LONG-TERM SOLUTIONS TO EFFECTIVELY PROTECT THE LIVESTOCK INDUSTRY IN HAWAII."

(Recommends Adoption)

 

 

 

 

 

 

1431

(One Day Notice)

(EDT)

G.M. No. 524

"Submitting for consideration and confirmation to the King Kamehameha Celebration Commission, Gubernatorial Nominee, CAROLEE K. ARICAYOS, for a term to expire 6-30-2011."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1432

(One Day Notice)

(EDT)

G.M. No. 481

"Submitting for consideration and confirmation to the Board of Taxation Review, 4th Taxation District (Kaua'i), Gubernatorial Nominee, ALBERT WARREN STIGLMEIER, for a term to expire 6-30-2011."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1432

(One Day Notice)

(EDT)

G.M. No. 482

"Submitting for consideration and confirmation to the Board of Taxation Review, 1st Taxation District (Oahu), Gubernatorial Nominee, MANOJ P. SAMARANAYAKE, CPA, for a term to expire 6-30-2011."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1432

(One Day Notice)

(EDT)

G.M. No. 499

"Submitting for consideration and confirmation to the Board of Taxation Review, 3rd Taxation District (Hawai'i), Gubernatorial Nominee, CAROL P. WEIR, for a term to expire 6-30-2011."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1433

(One Day Notice)

(HTH)

G.M. No. 329

"Submitting for consideration and confirmation to the Policy Advisory Board for Elder Affairs, Gubernatorial Nominee, DANIEL J. VARGAS, for a term to expire 6-30-2011."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1434

(One Day Notice)

(HTH)

G.M. No. 342

"Submitting for consideration and confirmation to the Board of Health, Gubernatorial Nominee, PAULA A. Y. ARCENA, for a term to expire 6-30-2011."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1435

(One Day Notice)

(HTH)

G.M. No. 346

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Health Systems Corporation, Gubernatorial Nominee, ANDREW DON M.D., for a term to expire 6-30-2011."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1435

(One Day Notice)

(HTH)

G.M. No. 347

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Health Systems Corporation, Gubernatorial Nominee, ROSANNE C. HARRIGAN Ed.D., for a term to expire 6-30-2011."

 

(Recommends Senate Consent to Nomination)

ORDER OF THE DAY

 

8.      Advise and Consent

1360

EDT

G.M. No. 435

"Submitting for consideration and confirmation to the Board of Directors of the Natural Energy Laboratory of Hawai'i Authority, Gubernatorial Nominee, JOHN H. DELONG, for a term to expire 6-30-2011."

 

 

 

 

 

 

1361

EDT

G.M. No. 474

"Submitting for consideration and confirmation to the Hawai'i Historic Places Review Board, Gubernatorial Nominee, NAOMI CLARKE LOSCH, for a term to expire 6-30-2010."

 

 

 

 

 

 

1361

EDT

G.M. No. 520

"Submitting for consideration and confirmation to the Hawai'i Historic Places Review Board, Gubernatorial Nominee, JOYCE NAOMI CHINEN Ph.D., for a term to expire 6-30-2011."

 

 

 

 

 

 

1362

HTH

G.M. No. 343

"Submitting for consideration and confirmation to the Health Planning Council, Honolulu Subarea, Gubernatorial Nominee, EMMET WHITE, for a term to expire 6-30-2011."

 

 

 

 

 

 

1362

HTH

G.M. No. 344

"Submitting for consideration and confirmation to the Health Planning Council, Tri-Isle Subarea, Gubernatorial Nominee, GLENN SOICHI IZAWA, for a term to expire 6-30-2011."

 

 

 

 

 

 

1362

HTH

G.M. No. 345

"Submitting for consideration and confirmation to the Health Planning Council, Tri-Isle Subarea, Gubernatorial Nominee, ELAINE JULIA SLAVINSKY, for a term to expire 6-30-2011."

 

 

 

 

 

 

1362

HTH

G.M. No. 417

"Submitting for consideration and confirmation to the Health Planning Council, Hawai'i County Subarea, Gubernatorial Nominee, THOMAS O. BROWN, for a term to expire 6-30-2011."

 

 

 

 

 

 

1363

HTH

G.M. No. 361

"Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Hawai'i Service Area Board, Gubernatorial Nominee, ANDREW DAVID BISSET, Ph.D., M.D., for a term to expire 6-30-2010."

 

 

 

 

 

 

1363

HTH

G.M. No. 362

"Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Kaua'i Service Area Board, Gubernatorial Nominee, JANA HERKES, for a term to expire 6-30-2011."

 

 

 

 

 

 

1363

HTH

G.M. No. 363

"Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Kaua'i Service Area Board, Gubernatorial Nominee, MARY ANN MORISHIGE, for a term to expire 6-30-2011."

 

 

 

 

 

 

1363

HTH

G.M. No. 364

"Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Maui Service Area Board, Gubernatorial Nominee, VIRGINIA RUTH SHAW, Ph.D., for a term to expire 6-30-2011."

 

 

 

 

 

 

1363

HTH

G.M. No. 365

"Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Maui Service Area Board, Gubernatorial Nominee, PHIL E. KAY, for a term to expire 6-30-2011."

 

 

 

 

 

 

1364

JDL

G.M. No. 315

"Submitting for consideration and confirmation to the Defender Council, Gubernatorial Nominee, JULIE KAI BARRETO, for a term to expire 6-30-2011."

 

 

 

 

 

 

1364

JDL

G.M. No. 316

"Submitting for consideration and confirmation to the Defender Council, Gubernatorial Nominee, MICHELLE L. DREWYER, for a term to expire 6-30-2011."

 

 

 

 

 

 

1364

JDL

G.M. No. 462

"Submitting for consideration and confirmation to the Defender Council, Gubernatorial Nominee, MICHAEL KAIPOLEIMANU SOONG, for a term to expire 6-30-2011."

 

 

 

 

 

 

1365

JDL

G.M. No. 424

"Submitting for consideration and confirmation to the Hawai'i Labor Relations Board, Gubernatorial Nominee, JAMES BURTON NICHOLSON, for a term to expire 6-30-2012."

 

 

 

 

 

 

1366

JDL

G.M. No. 495

"Submitting for consideration and confirmation to the Commission to Promote Uniform Legislation, Gubernatorial Nominee, KEN HIDESHI TAKAYAMA, for a term to expire 6-30-2011."

 

 

 

 

 

 

1367

EDT/WAM

G.M. No. 278

"Submitting for consideration and confirmation to the Director of the Department of Taxation, Gubernatorial Nominee, KURT K. KAWAFUCHI, for a term to expire 12-6-2010."

 

 

 

 

 

 

1369

PBS

G.M. No. 314

"Submitting for consideration and confirmation to the Crime Victim Compensation Commission, Gubernatorial Nominee, LISA ANN ASCHENBRENNER DUNN, for a term to expire 6-30-2011."

 

 

 

 

 

 

1370

PBS

G.M. No. 277

"Submitting for consideration and confirmation as Director of the Department of Public Safety, Gubernatorial Nominee, IWALANI D. WHITE, for a term to expire 12-6-2010."

 

 

 

 

 

 

 

 

 

 


9.      Third Reading

(See Stand. Com. Rep. No. 1355)

H.B. No. 17, H.D. 1, S.D. 1

"RELATING TO EDUCATION." - (EDU)

 

(DOE; Committee on Weights; Weighted Student Formula)

 

 

 

 

(See Stand. Com. Rep. No. 1356)

H.B. No. 987, H.D. 1, S.D. 1

"RELATING TO POLICE OFFICERS." - (JDL)

 

(Police Officers; Representation by Counsel)

 

 

 

 

(See Stand. Com. Rep. No. 1357)

H.B. No. 1153, S.D. 1

"RELATING TO PRECURSORS TO THE MANUFACTURE OF CONTROLLED SUBSTANCES." - (JDL)

 

(Controlled Substances; Precursors to Manufacture)

 

 

 

 

(See Stand. Com. Rep. No. 1368)

H.B. No. 1157

"RELATING TO DANGEROUS DRUGS." - (JDL)

 

(Dangerous drugs)

 

 

 

 

 

 

 


10.  Re-Referrals

 

RE-REFERRALS FOR MONDAY, APRIL 2, 2007

 

 

 

S.C.R. NO.

TITLE

RE-REFERRAL

 

 

 

54

REQUESTING THE STATE HISTORIC PRESERVATION OFFICER TO NOMINATE THE HILO COUNTY JAIL TO THE REGISTER OF HISTORIC PLACES.

(Hilo County Jail; Nomination to Register of Historic Places) (WAH/PBS)

EDT/PBS

 

 

 

S.R. NO.

TITLE

RE-REFERRAL

 

 

 

29

REQUESTING THE STATE HISTORIC PRESERVATION OFFICER TO NOMINATE THE HILO COUNTY JAIL TO THE REGISTER OF HISTORIC PLACES.

(Hilo County Jail; Nomination to Register of Historic Places) (WAH/PBS)

EDT/PBS

 

 

 

 

 

 

 

11.  Miscellaneous Communications: None

12.  Miscellaneous Business

13.  Announcements

RECOGNIZES AND CONGRATULATES THE MAUI ECONOMIC DEVELOPMENT BOARD, INCORPORATED ON ITS 25TH ANNIVERSARY.  (Senator Baker)

 

 

Committee Hearing Schedule:

COMMITTEE

DATE & TIME

ROOM

JDL

4/2/2007 9:00 AM

229

EDU-IGM

4/2/2007 1:15 PM

225

EDU

4/2/2007 1:15 PM

225

HTH-EDU

4/2/2007 1:15 PM

016

EDU-WAH-TIA

4/2/2007 1:30 PM

225

IGM-TIA

4/2/2007 1:45 PM

229

EDU-ENE

4/2/2007 2:00 PM

225

TIA

4/2/2007 2:15 PM

224

WAH

4/2/2007 2:45 PM

414

CPH-WAM

4/3/2007 9:30 AM

211

JDL-WAM

4/3/2007 9:30 AM

211

EDT-WAM

4/3/2007 9:30 AM

211

WAM

4/3/2007 9:30 AM

211

WAH-IGM

4/3/2007 9:30 AM

225

JDL

4/3/2007 9:45 AM

229

WAM

4/3/2007 9:45 AM

211

CPH

4/3/2007 10:00 AM

016

HSP

4/3/2007 1:15 PM

016

PBS-WAH-EDU

4/3/2007 2:45 PM

225

JDL

4/4/2007 10:00 AM

229

EDU

4/4/2007 1:15 PM

225

HTH-IGM

4/4/2007 1:15 PM

016

EDU

4/4/2007 1:30 PM

225

HTH

4/4/2007 1:30 PM

016

WAH

4/4/2007 2:45 PM

414

HTH-HSP-PBS

4/5/2007 1:15 PM

016

WAH

4/11/2007 9:30 AM

414

EDT-TSG

4/17/2007 1:15 PM

229

 

 

 

14.  Adjournment