THE SENATE

OF THE

TWENTY-FOURTH LEGISLATURE

STATE OF HAWAI'I

REGULAR SESSION OF 2008

 

 

THIRTIETH DAY

 

March 12, 2008-Wednesday-11:30 O'CLOCK A.M.

 

 

 

ORDER OF BUSINESS

 

Invocation by    The Reverend Akihiro Okada

                        Daijingu Temple

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: None
  2. Departmental Communications: None
  3. House Communications: None
  4. Senate Communications: None
  5. Judiciary Communications: None
  6. Introduction of Measures          Senate Concurrent Resolution Nos. 132-153

                                                      Senate Resolution Nos. 68-83

 

 


  1. Standing Committee Report Nos. 2923-2924

2923

(One Day Notice)

(EDU)

G.M. No. 341

"Submitting for consideration and confirmation to the Education Commission of the States, Gubernatorial Nominee, ANN R. BOTTICELLI, for a term to expire 6-30-2012."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

2924

(One Day Notice)

(EDU)

G.M. No. 349

"Submitting for consideration and confirmation to the Western Interstate Commission for Higher Education (WICHE), Gubernatorial Nominee, ROY T. OGAWA, for a term to expire 6-30-2012."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

 

 

 

 

ORDER OF THE DAY

 

  1. Advise and Consent

2918

 

Testimony  Status

JDL

G.M. No. 403

"Submitting for consideration and confirmation to the Defender Council, Gubernatorial Nominee, SHIRLEY MIKI KAWAMURA, for a term to expire 6-30-2010."

 

 

 

 

 

 

2919

 

Testimony  Status

JDL

G.M. No. 404

"Submitting for consideration and confirmation to the Board of Trustees of the Deferred Compensation Plan, Gubernatorial Nominee, KENNETH T. TAIRA, for a term to expire 6-30-2012."

 

 

 

 

 

 

2920

 

Testimony  Status

JDL

G.M. No. 405

"Submitting for consideration and confirmation to the Language Access Advisory Council, Gubernatorial Nominee, EARNEST  CHUNG, for a term to expire 6-30-2012."

 

 

 

 

 

 

2920

 

Testimony  Status

JDL

G.M. No. 406

"Submitting for consideration and confirmation to the Language Access Advisory Council, Gubernatorial Nominee, DOMINIC K. INOCELDA, for a term to expire 6-30-2012."

 

 

 

 

 

 

2920

 

Testimony  Status

JDL

G.M. No. 407

"Submitting for consideration and confirmation to the Language Access Advisory Council, Gubernatorial Nominee, GERALD HISASHI OHTA, for a term to expire 6-30-2012."

 

 

 

 

 

 

2921

 

Testimony  Status

JDL

G.M. No. 409

"Submitting for consideration and confirmation to the Board of Registration of the Island of Oahu, Gubernatorial Nominee, MAUREEN K. MURAOKA, for a term to expire 6-30-2012."

 

 

 

 

 

 

2922

 

Testimony  Status

JDL

G.M. No. 410

"Submitting for consideration and confirmation to the Commission to Promote Uniform Legislation, Gubernatorial Nominee, PETER J. HAMASAKI, for a term to expire 6-30-2012."

 

 

 

 

 

 

2922

 

Testimony  Status

JDL

G.M. No. 411

"Submitting for consideration and confirmation to the Commission to Promote Uniform Legislation, Gubernatorial Nominee, KEVIN P.H. SUMIDA, for a term to expire 6-30-2012."

 

 

 

 

 

 

 

 

 

 

  1. Referrals and Re-Referrals

REFERRALS FOR WEDNESDAY, MARCH 12, 2008

MEASURE

TITLE

REFERRAL

 

 

 

S.C.R. 96

REQUESTING THE STATE AUDITOR TO CONDUCT A PROGRAM, PERFORMANCE, AND FINANCIAL AUDIT OF THE NATURAL ENERGY LABORATORY OF HAWAII AUTHORITY.

(Auditor; Natural Energy Laboratory of Hawaii Authority)

EDT, WAM

 

 

 

S.C.R. 97

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO PREPARE LEGISLATION FOR A PROPOSED CONSTITUTIONAL AMENDMENT TO PROHIBIT EXECUTIVES, OFFICERS, AGENTS, OR EMPLOYEES OF INSURERS AND BUSINESS ENTITIES THAT HAVE CASES IN LITIGATION FROM SERVING ON THE HAWAII JUDICIAL SELECTION COMMISSION.

(Hawaii Judicial Selection Commission; Bias)

JDL, WAM

 

 

 

S.C.R. 98

REQUESTING THE AUDITOR TO CONDUCT A FINANCIAL AND MANAGEMENT AUDIT OF THE HAWAII DISABILITY RIGHTS CENTER.

(Hawaii Disability Rights Center; Financial and Management Audit)

HSP, WAM

 

 

 

S.C.R. 99

REQUESTING THE AUDITOR TO CONDUCT A STUDY TO DETERMINE THE EFFECTS OF INDUSTRY REGULATION AND SAFETY STANDARDS ON RECREATIONAL INFLATABLE PLAY STRUCTURES FOR CHILDREN.

(Requests the auditor to study the regulation of the effects of industry regulation of recreational inflatable play structures for children.)

CPH/HSP, WAM

 

 

 

S.C.R. 100

REQUESTING THE CONVENING OF A TASK FORCE TO ADDRESS THE ISSUE OF SHARING CRIMINAL BACKGROUND INFORMATION BETWEEN THE FEDERAL AND STATE GOVERNMENT.

(Immigration; information sharing; task force)

IGM, JDL

 

 

 

S.C.R. 101

REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO IDENTIFY, DURING THE 2009 REGULAR SESSION, TWO POSSIBLE LOCATIONS TO USE AS A HEADQUARTERS SITE FOR THE SHERIFF DIVISION.

(Sheriff Division; Headquarters; Site Locations)

PBS

 

 

 

S.C.R. 102

REQUESTING THE DEPARTMENTS OF PUBLIC SAFETY AND HUMAN RESOURCES DEVELOPMENT TO INCREASE THE SALARIES AND IMPROVE THE BENEFITS THAT ARE PROVIDED TO DEPUTY SHERIFFS.

(Deputy Sheriffs; Increase Salaries; Improve Benefits)

PBS/JDL

 

 

 

S.C.R. 103

REQUESTING THE AUDITOR TO CONDUCT A STUDY ON THE IMPACT OF ACT 226, SESSION LAWS OF HAWAII 2007, ON NURSE AIDES WHO ARE EMPLOYED IN STATE-CERTIFIED OR STATE-LICENSED HEALTH CARE SETTINGS TO PROVIDE A BASIS FOR THE LEGISLATURE TO DECIDE WHETHER TO AMEND ACT 226, SESSION LAWS OF HAWAII 2007.

(Requesting the Auditor to Study the Impact of Act 226, SLH 2007)

HTH/CPH, WAM

 

 

 

S.C.R. 104

REQUESTING THE DEPARTMENT OF EDUCATION AND THE UNIVERSITY OF HAWAII, IN CONSULTATION WITH MEDICAL AND BRAIN INJURY EXPERTS, TO WORK WITH THE ATHLETIC COMMUNITY TO DEVELOP A STATEWIDE CONCUSSION PREVENTION AND AWARENESS PROGRAM FOR YOUNG ATHLETES.

(Concussion Prevention and Awareness)

EDU/HTH

 

 

 

S.C.R. 105

CALLING ON THE DEPARTMENT OF HUMAN SERVICES TO CONVENE A TASK FORCE TO ESTABLISH A PROTOCOL AND TRAINING PROGRAM FOR FIRST RESPONDERS IN CHILD PROTECTIVE AWARENESS SKILLS.

(Task Force; Protocols; First Response; Child Protective Services)

HSP/PBS

 

 

 

S.C.R. 106

REQUESTING THAT THE OFFICE OF YOUTH SERVICES AND CHILD WELFARE SERVICES CONDUCT A STUDY INTO SAFE SHELTER OPTIONS FOR YOUTH.

(Shelter Admission; Youth Services; Child Welfare Services; Study)

HSP

 

 

 

S.C.R. 107

REQUESTING THE DEPARTMENT OF HEALTH TO DEVELOP NUTRITIONALLY-SOUND PUBLIC SCHOOL MENU PLANS THAT GIVE STUDENTS THE OPTION OF A VEGETARIAN SCHOOL LUNCH MEAL.

(DOH; Vegetarian School Lunches)

HTH/EDU

 

 

 

S.C.R. 108

ENCOURAGING THE DEPARTMENT OF TRANSPORTATION AND COUNTY TRANSPORTATION AGENCIES TO ACTIVELY SEEK OPPORTUNITIES TO CONSTRUCT MORE ROUNDABOUTS INSTEAD OF SIGNALIZED, RIGHT-ANGLE INTERSECTIONS IN THE STATE.

(DOT; Construct More Roundabouts)

TIA/IGM

 

 

 

S.C.R. 109

STRONGLY SUPPORTING THE PASSAGE AND ENACTMENT INTO LAW OF S. 1315, THE VETERANS BENEFITS ENHANCEMENT ACT OF 2007, IN SUPPORT OF FILIPINO VETERANS.

(Support Veterans Benefits Enhancement Act of 2007; Filipino Vets)

IGM

 

 

 

S.C.R. 110

URGING THE DEPARTMENT OF EDUCATION TO STUDY THE FEASIBILITY OF INTEGRATING REHABILITATION PROGRAMS FOR STUDENTS WITH ANGER PROBLEMS.

(Anger Management; DOE Programs)

EDU

 

 

 

S.C.R. 111

REQUESTING THE DEPARTMENT OF EDUCATION TO PREPARE CURRICULAR MATERIALS THAT REFLECT THE HAWAII STANDARDS TO ASSIST A TEACHER WHO HAS TO TEMPORARILY TEACH IN AN AREA WHERE THE TEACHER IS NOT HIGHLY QUALIFIED.

(DOE; Highly Qualified Teachers; Curricular Materials and Assistance)

EDU

 

 

 

S.C.R. 112

REQUESTING THE DEPARTMENT OF EDUCATION TO CONVENE THE LIBRARY TASK FORCE TO EXAMINE ISSUES RELATING TO THE PROVISION OF LIBRARY SERVICES THROUGHOUT THE STATE.

(DOE; Library Task Force)

EDU

 

 

 

S.C.R. 113

REQUESTING THE EDUCATIONAL WORKFORCE WORKING GROUP TO CONTINUE ITS WORK TO PLAN AND IMPLEMENT THE RECOMMENDATIONS PROPOSED IN ITS 2007 REPORT TO THE LEGISLATURE.

(DLIR; Educational Workforce Working Group)

JDL/EDU

 

 

 

S.C.R. 114

CREATING A WORKING GROUP TO RE-ENGINEER THE DEPARTMENT OF EDUCATION'S OFFICE OF HUMAN RESOURCES.

(DOE; Office of Human Resources; Working Group)

EDU

 

 

 

S.C.R. 115

REQUESTING THE DEPARTMENT OF EDUCATION TO CONVENE A PILOT PROJECT TO ALLOW A SCHOOL COMPLEX TO IDENTIFY CRITICAL DEPARTMENT RULES AND POLICIES THAT IMPEDE EFFECTIVE DECISION-MAKING, ADMINISTERING, AND TEACHING AND TO OPERATE FREE OF THOSE RULES AND POLICIES.

(DOE; Model School Complex)

EDU

 

 

 

S.C.R. 116

REQUESTING THE AUDITOR TO CONDUCT A FINANCIAL AND MANAGEMENT AUDIT OF THE NATURAL ENERGY LABORATORY OF HAWAII AUTHORITY.

(NELHA; Auditor; Deep Seawater Pumping; Audit)

EDT, WAM

 

 

 

S.C.R. 117

SUPPORTING A HOME FOR THE AFRICAN AMERICAN DIVERSITY CULTURAL CENTER HAWAII.

(African American Diversity Cultural Center Hawaii; Facility)

EDT

 

 

 

S.C.R. 118

REQUESTING THE DEPARTMENT OF EDUCATION TO CONVENE A TASK FORCE TO ENSURE THAT ADDITIONAL INVESTMENT FOR EDUCATION IN THE STATE WILL MEET THE PUBLIC'S EXPECTATIONS.

(Department of Education Task Force on Education Funding Adequacy)

EDU

 

 

 

S.C.R. 119

REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES TO LEASE APPROXIMATELY 13.2 ACRES OF STATE-OWNED PUBLIC LAND NEAR KE‘EHI LAGOON.

(Public Land; Ke‘ehi Community Resource Center)

WTL/HSP

 

 

 

S.C.R. 120

REQUESTING THE UNIVERSITY OF HAWAI‘I AND THE DEPARTMENT OF EDUCATION TO DEVELOP, OFFER, AND EXPAND PHILIPPINE LANGUAGE COURSES.

(UH; DOE; Philippine Language Courses)

EDU

 

 

 

S.C.R. 121

REQUESTING TEACHING STRATEGIES FOR SPEAKERS OF HAWAI‘I PIDGIN IN HAWAI‘I PUBLIC SCHOOLS.

(DOE; UH; Bidialectical Teaching Strategies)

EDU

 

 

 

S.C.R. 122

REQUESTING THE DEPARTMENT OF EDUCATION TO DEVELOP A PLAN TO PROVIDE CURRENT PUBLIC SCHOOL ADMINISTRATORS AND FACULTY WITH COURSES IN HAWAIIAN LANGUAGE AND CULTURE INSTRUCTION, AND TO INCORPORATE THESE COURSES INTO THE DEPARTMENT'S PREFERENCES FOR EMPLOYMENT AND CONDITIONS FOR TEACHER LICENSURE.

(Hawaiian Language; Hawaii State Teacher Standards)

EDU/AHW

 

 

 

S.C.R. 123

REQUESTING THE ESTABLISHMENT OF A TASK FORCE TO STUDY THE FEASIBILITY IN HAWAII OF COMMUNITY-BASED AND WORK CAMP ALTERNATIVES TO MAINLAND PRISONS.

(DPS; Task Force; Prison Alternatives)

PBS/AHW

 

 

 

S.C.R. 124

REQUESTING THE AUDITOR TO CONDUCT A FINANCIAL AND MANAGEMENT AUDIT OF THE DEPARTMENT OF HUMAN SERVICES MEDICAID-SPONSORED PROGRAMS.

(Department of Human Services; Medicaid; Audit)

HSP, WAM

 

 

 

 

 

 

 

 

 

MEASURE

TITLE

REFERRAL

 

 

 

S.R. 56

REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO IDENTIFY, DURING THE 2009 REGULAR SESSION, TWO POSSIBLE LOCATIONS TO USE AS A HEADQUARTERS SITE FOR THE SHERIFF DIVISION.

(Sheriff Division; Headquarters; Site Locations)

PBS

 

 

 

S.R. 57

REQUESTING THE DEPARTMENTS OF PUBLIC SAFETY AND HUMAN RESOURCES DEVELOPMENT TO INCREASE THE SALARIES AND IMPROVE THE BENEFITS THAT ARE PROVIDED TO DEPUTY SHERIFFS.

(Deputy Sheriffs; Increase Salaries; Improve Benefits)

PBS/JDL

 

 

 

S.R. 58

REQUESTING THE DEPARTMENT OF EDUCATION AND THE UNIVERSITY OF HAWAII, IN CONSULTATION WITH MEDICAL AND BRAIN INJURY EXPERTS, TO WORK WITH THE ATHLETIC COMMUNITY TO DEVELOP A STATEWIDE CONCUSSION PREVENTION AND AWARENESS PROGRAM FOR YOUNG ATHLETES.

(Concussion Prevention and Awareness)

EDU/HTH

 

 

 

S.R. 59

CALLING ON THE DEPARTMENT OF HUMAN SERVICES TO CONVENE A TASK FORCE TO ESTABLISH A PROTOCOL AND TRAINING PROGRAM FOR FIRST RESPONDERS IN CHILD PROTECTIVE AWARENESS SKILLS.

(Task Force; Protocols; First Response; Child Protective Services)

HSP/PBS

 

 

 

S.R. 60

ENCOURAGING THE DEPARTMENT OF TRANSPORTATION AND COUNTY TRANSPORTATION AGENCIES TO ACTIVELY SEEK OPPORTUNITIES TO CONSTRUCT MORE ROUNDABOUTS INSTEAD OF SIGNALIZED, RIGHT-ANGLE INTERSECTIONS IN THE STATE.

(DOT; Construct More Roundabouts)

TIA/IGM

 

 

 

S.R. 61

URGING THE DEPARTMENT OF EDUCATION TO STUDY THE FEASIBILITY OF INTEGRATING REHABILITATION PROGRAMS FOR STUDENTS WITH ANGER PROBLEMS.

(Anger Management; DOE Programs)

EDU

 

 

 

S.R. 62

SUPPORTING A HOME FOR THE AFRICAN AMERICAN DIVERSITY CULTURAL CENTER HAWAII.

(African American Diversity Cultural Center Hawaii; Facility)

EDT

 

 

 

S.R. 63

REQUESTING THE DEPARTMENT OF EDUCATION TO CONVENE A TASK FORCE TO ENSURE THAT ADDITIONAL INVESTMENT FOR EDUCATION IN THE STATE WILL MEET THE PUBLIC'S EXPECTATIONS.

(Department of Education Task Force on Education Funding Adequacy)

EDU

 

 

 

 

 

 

MEASURE

TITLE

REFERRAL

 

 

 

H.C.R. 11

RECOGNIZING THE SECOND WEEK OF JUNE AS MEN'S HEALTH WEEK.

(Men's Health Week)

HTH

 

 

 

H.C.R. 25

URGING ALL HOSPITALS THAT PROVIDE MEDICAL CARE TO NEWBORNS TO PROVIDE PARENTS OF THE NEWBORN WITH WRITTEN EDUCATIONAL INFORMATION APPROVED BY THE DEPARTMENT OF HEALTH ABOUT THE DANGEROUS EFFECTS OF SHAKEN BABY SYNDROME AND THE METHODS OF PREVENTING SHAKEN BABY SYNDROME.

(Shaken Baby Syndrome; Prevention)

HTH/HSP

 

 

 

H.C.R. 33, H.D. 1

ACKNOWLEDGING THE MONTH OF SEPTEMBER AS NATIONAL OVARIAN CANCER MONTH AND GYNECOLOGICAL CANCER AWARENESS MONTH.

(Ovarian Cancer; Awareness of Common Symptoms)

HTH

 

 

 

H.C.R. 53

REQUESTING THE HEALTHCARE ASSOCIATION OF HAWAII TO CONTINUE ITS EFFORTS TO DEVELOP SOLUTIONS TO THE PROBLEM OF PATIENTS IN HOSPITALS WHO ARE WAITLISTED FOR LONG-TERM CARE.

(Long-term Care; Waitlisted Patients)

HTH/HSP

 

 

 

 

  1. Miscellaneous Communications: None
  2. Miscellaneous Business
  3. Announcements

·         Committee Hearing Schedule:

COMMITTEE

DATE & TIME

ROOM

HSP-HTH

3/12/2008 1:15 PM

016

HSP/HTH

3/12/2008 1:15 PM

016

EDU

3/12/2008 2:00 PM

225

TIA

3/12/2008 2:00 PM

224

TIA/JDL

3/12/2008 2:00 PM

224

TIA/TSG

3/12/2008 2:00 PM

224

HSP/HTH

3/12/2008 2:45 PM

016

HTH/HSP

3/12/2008 2:45 PM

016

WTL

3/12/2008 2:45 PM

414

CPH

3/13/2008 10:00 AM

229

JDL

3/13/2008 10:30 AM

016

TSG

3/13/2008 1:00 PM

229

EDT/CPH

3/13/2008 1:15 PM

224

HSP

3/13/2008 1:15 PM

016

HSP/PBS

3/13/2008 1:15 PM

016

HTH

3/13/2008 1:15 PM

225

EDT/EDU

3/13/2008 1:30 PM

224

HSP/JDL

3/13/2008 1:30 PM

016

EDT

3/13/2008 1:40 PM

224

EDT

3/13/2008 2:05 PM

224

AHW

3/13/2008 2:45 PM

224

AHW/CPH

3/13/2008 2:45 PM

224

AHW/WTL

3/13/2008 2:45 PM

224

EDT/AHW

3/13/2008 2:45 PM

224

EDT/TSG

3/13/2008 2:45 PM

229

ENE/AHW

3/13/2008 2:45 PM

224

PBS

3/13/2008 2:45 PM

225

PBS/WTL

3/13/2008 2:45 PM

225

ENE

3/13/2008 3:00 PM

414

HIC

3/13/2008 3:00 PM

229

CPH/IGM

3/14/2008 9:00 AM

229

WAM

3/14/2008 9:00 AM

211

CPH

3/14/2008 9:15 AM

229

WAM

3/14/2008 9:55 AM

211

WAM

3/14/2008 10:00 AM

211

HSP/HTH

3/14/2008 1:15 PM

016

HTH

3/14/2008 1:15 PM

016

HTH/HSP

3/14/2008 1:15 PM

016

IGM

3/14/2008 1:15 PM

229

AHW/EDU

3/14/2008 2:00 PM

225

EDU

3/14/2008 2:00 PM

225

EDU/ENE

3/14/2008 2:00 PM

225

ENE/EDU

3/14/2008 2:00 PM

225

WTL

3/14/2008 2:45 PM

414

HTH/CPH

3/17/2008 9:00 AM

229

CPH

3/17/2008 9:30 AM

229

JDL

3/17/2008 9:30 AM

016

AHW/ENE/TIA

3/17/2008 1:15 PM

224

AHW/WTL/JDL

3/17/2008 2:45 PM

414

WTL/AHW/JDL

3/17/2008 2:45 PM

414

CPH

3/18/2008 9:00 AM

229

EDT

3/18/2008 1:15 PM

224

AHW

3/18/2008 2:45 PM

224

PBS/JDL

3/18/2008 2:45 PM

225

EDT

3/20/2008 1:15 PM

224

EDT

3/25/2008 1:15 PM

224

AHW

4/1/2008 2:45 PM

224

AHW

4/3/2008 2:45 PM

224

 

 

 

 

 

 

 

  1. Adjournment