HOUSE OF REPRESENTATIVES

STATE OF HAWAII

TWENTY-SEVENTH STATE LEGISLATURE

REGULAR SESSION, 2013

 

 

March 28, 2013

 

 

40th Day

 

ORDER OF BUSINESS

 

 

Invocation -

Speaker Emeritus Calvin K.Y. Say

 

1.         Roll Call

 

2.         Reading of the Journal

 

3.         Messages from the Governor

 

 

Received message numbers 251 and 253 through 255.

 

Message 249 transmitting proposed changes to the FB 2013-15 Biennium Budget for the Department of Accounting and General Services (DAGS). 

1.    Adds 15 positions and $665,000 in general funds for FY 14 and FY 15 for the Office of Information Management and Technology (OIMT) for administrative support required to implement the Enterprise Resource Planning (ERP) projects statewide.

2.    Reduces 13 vacant positions and $665,000 in general funds for FY 14 and FY 15 to fund the newly created positions in OIMT.

3.    Adds $197,500 in general funds for FY 14 to restore the six-month delay in hiring imposed on new positions on the OIMTstaff.

4.    Adds $25,000,000 in interdepartmental transfer funds for FY 14 and FY 15 for OIMT.

5.    Adds $100,000 in special funds for FY 14 and FY 15 to the Shared Services Technology Special Fund for salary restoration of the current staff. 

 

Message number 250 transmitting proposed changes to the FB 2013-15 Biennium Budget for the Department of Budget and Finance (B&F). 

1.    Adds $25,000,000 in general funds for FY 14 to fund shortfalls in federal non-competitive grant amounts that are reduced in Federal Fiscal Year 2013 as the result of sequestration.

2.    Adds a proviso to limit the use of the funds to address shortfalls in federal funding for non-competitive funds in Federal Fiscal Year 2013 by allowing B&F to transfer up to a total of $25,000,000 to the affected department(s) and providing that the Legislature be notified of each transfer to the affected department(s) within ten days of the transfer.

 

Message 252 transmitting proposed changes to the FB 2013-15 Biennium Budget for the Department of Budget and Finance, State Salary Commission. 

1.    Adds $1,280,137 in general funds for FY 14 and $1,418,819 in general funds for FY 15.

2.    Adds $337,760 in special funds for FY 14 and $383,127 in special funds for FY 15.

3.    Adds $93,036 in revolving funds for FY 14 and $110,567 in revolving funds for FY 15.

 

 

 

4.         Senate Communications

 

 

Received communications returning the following House Bills, all having passed Third Reading in the Senate:

 

            H.B. No. 425, H.D. 1

            H.B. No. 915

 

            H.B. No. 31, H.D. 1, S.D. 1

            H.B. No. 430, H.D. 1, S.D. 1

            H.B. No. 815, H.D. 2, S.D. 1

            H.B. No. 848, H.D. 2, S.D. 1

            H.B. No. 999, H.D. 2, S.D. 1

 

 

 

ORDER OF THE DAY

 

 

5.         Floor Presentations

 

 

H.R. No. 208

RECOGNIZING AND COMMENDING DR. AMEFIL AGBAYANI AND DR. DORIS CHING FOR STRENGTHENING THE VOICES OF ASIAN AMERICANS AND PACIFIC ISLANDERS IN HIGHER EDUCATION.

 

 

 

 

H.R. No. 209

RECOGNIZING THE OUTSTANDING TEACHING ACCOMPLISHMENTS OF MILILANI HIGH SCHOOL'S JUDY TAPARRA.

 


6.         Reports of Standing Committees

 

            HUMAN SERVICES

 

            Stand. Comm. Rep. No. 1229

S.B. No. 54, S.D. 1, H.D. 1

 

RELATING TO AGING.

(Policy Advisory Board for Elder Affairs; Lifetime Membership)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

            JUDICIARY

 

            Stand. Comm. Rep. No. 1230

S.B. No. 442, S.D. 1, H.D. 1

 

RELATING TO INTOXICATING LIQUOR.

(Intoxicating Liquor; Minors)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

 

            Stand. Comm. Rep. No. 1231

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

 

RELATING TO SIMULATED FIREARMS.

(Simulated Firearms; Terroristic Threatening; Robbery)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

 

            Stand. Comm. Rep. No. 1232

S.B. No. 30, S.D. 1, H.D. 1

 

RELATING TO CAMPAIGN SPENDING.

(Campaign Spending; Voluntary Candidate Expenditure Limits; Prosecuting Attorney)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

            JUDICIARY

 

            Stand. Comm. Rep. No. 1233

S.B. No. 192, H.D. 1

 

RELATING TO PROSTITUTION.

(Prostitution; Minors; Offenses; Statute of Limitations; Forfeiture; Sex Offender Registry)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

 

            Stand. Comm. Rep. No. 1234

S.B. No. 853, S.D. 1, H.D. 1

 

RELATING TO THE ELECTIONS COMMISSION.

(Elections Commission; Evaluation of Chief Election Officer)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

            JUDICIARY/CONSUMER PROTECTION & COMMERCE

 

            Stand. Comm. Rep. No. 1235

S.B. No. 32

 

RELATING TO THE UNIFORM ELECTRONIC LEGAL MATERIAL ACT.

(Uniform Electronic Legal Material Act)

 

PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                      

 

            JUDICIARY

 

            Stand. Comm. Rep. No. 1236

S.B. No. 31, H.D. 1

 

RELATING TO CAMPAIGN SPENDING.

(Campaign Spending; Noncandidate Committee Reports; Filing Dates)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

            JUDICIARY

 

            Stand. Comm. Rep. No. 1237

S.B. No. 194, S.D. 1, H.D. 1

 

RELATING TO CRIMINAL PROCEDURE.

(Criminal Procedure; Deferred Acceptance of Guilty Pleas)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

 

            Stand. Comm. Rep. No. 1238

S.B. No. 966, H.D. 1

 

RELATING TO THE UNIFORM MEDIATION ACT.

(Uniform Mediation Act)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

            CONSUMER PROTECTION & COMMERCE

 

            Stand. Comm. Rep. No. 1239

S.B. No. 502, S.D. 1, H.D. 1

 

RELATING TO REAL ESTATE SELLER DISCLOSURE.

(Real Estate; Seller Disclosure; Required Documents)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

 

            Stand. Comm. Rep. No. 1240

S.B. No. 341, S.D. 2

 

RELATING TO DISPOSITION OF REMAINS.

(Dispositions of Remains; Right of Disposition)

 

PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                      

 

            WATER & LAND

 

            Stand. Comm. Rep. No. 1241

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

 

RELATING TO IRRIGATION WATER DEVELOPMENT.

(Irrigation Water Development)

 

AS AMENDED, PASS SECOND READING, PLACE ON THE CALENDAR FOR THIRD READING                                                                     

 

            VETERANS, MILITARY, & INTERNATIONAL AFFAIRS, & CULTURE AND THE ARTS

 

            Stand. Comm. Rep. No. 1242

H.R. No. 22

 

URGING THE UNITED STATES DEPARTMENT OF STATE, THE DEPARTMENT OF HOMELAND SECURITY, AND THE UNITED STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS FOR THE PEOPLE’S REPUBLIC OF CHINA.

 

REFER TO TOURISM                                                

 

 

            Stand. Comm. Rep. No. 1243

H.C.R. No. 8

 

URGING THE UNITED STATES DEPARTMENT OF STATE, THE DEPARTMENT OF HOMELAND SECURITY, AND THE UNITED STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS FOR THE PEOPLE’S REPUBLIC OF CHINA.

 

REFER TO TOURISM                                                

 

            OCEAN, MARINE RESOURCES, & HAWAIIAN AFFAIRS

 

            Stand. Comm. Rep. No. 1244

H.C.R. No. 109

 

REQUESTING THE BOARD OF EDUCATION, AS PART OF ITS DEVELOPMENT OF A COMPREHENSIVE HAWAIIAN STUDIES PROGRAM, TO CREATE A COALITION TO ADDRESS THE ISSUE OF DEVELOPING ASSESSMENTS REQUIRED BY THE NO CHILD LEFT BEHIND ACT OF 2001 IN THE HAWAIIAN LANGUAGE FOR HAWAIIAN LANGUAGE IMMERSION STUDENTS TO MORE ACCURATELY MEASURE THEIR ACADEMIC ACHIEVEMENT.

 

REFER TO EDUCATION                                          

 

            ECONOMIC DEVELOPMENT & BUSINESS

 

            Stand. Comm. Rep. No. 1245

H.R. No. 26

 

REQUESTING THE DEPARTMENT OF TAXATION, WITH THE COOPERATION OF THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM, TO CONDUCT A STUDY ON THE FEASIBILITY OF OFFERING A SOLAR WATER HEATING SYSTEM TAX CREDIT.

 

REFER TO FINANCE                                                

 

 

            Stand. Comm. Rep. No. 1246

H.C.R. No. 44

 

REQUESTING THE DEPARTMENT OF TAXATION, WITH THE COOPERATION OF THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM, TO CONDUCT A STUDY ON THE FEASIBILITY OF OFFERING A SOLAR WATER HEATING SYSTEM TAX CREDIT.

 

REFER TO FINANCE                                                

 

            ECONOMIC DEVELOPMENT & BUSINESS

 

            Stand. Comm. Rep. No. 1247

H.C.R. No. 226

 

EXPRESSING SUPPORT FOR FEDERAL FUNDING TO FINANCE A COMPREHENSIVE FEASIBILITY STUDY TO EVALUATE THE POTENTIAL FOR ESTABLISHING A WORLD-CLASS COMMERCIAL SPACE LAUNCH AND CONTROL FACILITY IN THE STATE OF HAWAII.

 

REFER TO FINANCE                                                

 

 

            Stand. Comm. Rep. No. 1248

H.R. No. 68

 

REQUESTING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS AND THE DEPARTMENT OF TAXATION TO CONDUCT A STUDY EXAMINING THE PARITY OF THE CURRENT TAX FEE STRUCTURE IMPOSED ON VIDEO PROGRAMMING SERVICE PROVIDERS.

 

REFER TO CONSUMER PROTECTION & COMMERCE                                                               

 

 

            Stand. Comm. Rep. No. 1249

H.C.R. No. 88

 

REQUESTING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS AND THE DEPARTMENT OF TAXATION TO CONDUCT A STUDY EXAMINING THE PARITY OF THE CURRENT TAX FEE STRUCTURE IMPOSED ON VIDEO PROGRAMMING SERVICE PROVIDERS.

 

REFER TO CONSUMER PROTECTION & COMMERCE                                                               

 

            TOURISM

 

            Stand. Comm. Rep. No. 1250

H.R. No. 144

 

REQUESTING THE HAWAII TOURISM AUTHORITY TO CONDUCT A FEASIBILITY STUDY ON OPTIONS TO GENERATE MORE REVENUE FROM THE HAWAII CONVENTION CENTER.

 

REFER TO FINANCE                                                

 

 

            Stand. Comm. Rep. No. 1251

H.C.R. No. 179

 

REQUESTING THE HAWAII TOURISM AUTHORITY TO CONDUCT A FEASIBILITY STUDY ON OPTIONS TO GENERATE MORE REVENUE FROM THE HAWAII CONVENTION CENTER.

 

REFER TO FINANCE                                                

 

 

            Stand. Comm. Rep. No. 1252

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

 

REQUESTING THE HAWAII TOURISM AUTHORITY WITH COOPERATION FROM THE DEPARTMENT OF HEALTH AND THE HAWAII VISITORS AND CONVENTION BUREAU TO IMPROVE MARKETING AND VISITOR INFORMATION STRATEGIES TO ATTRACT TRAVELERS WITH DISABILITIES TO HAWAII.

 

AS AMENDED, REFER TO HEALTH                     


 

            HIGHER EDUCATION

 

            Stand. Comm. Rep. No. 1253

H.R. No. 30

 

REQUESTING THE ESTABLISHMENT OF A TASK FORCE TO EXAMINE THE FEASIBILITY OF FORMING A UNIVERSITY OF HAWAII AT HILO MEN'S VOLLEYBALL TEAM.

 

REFER TO FINANCE                                                

 

 

            Stand. Comm. Rep. No. 1254

H.C.R. No. 48

 

REQUESTING THE ESTABLISHMENT OF A TASK FORCE TO EXAMINE THE FEASIBILITY OF FORMING A UNIVERSITY OF HAWAII AT HILO MEN'S VOLLEYBALL TEAM.

 

REFER TO FINANCE                                                

 

 

            Stand. Comm. Rep. No. 1255

H.R. No. 80, H.D. 1

 

REQUESTING THE OFFICE OF THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF UNACCREDITED DEGREE GRANTING INSTITUTIONS IN THE STATE.

 

AS AMENDED, REFER TO LEGISLATIVE MANAGEMENT                                                          

 

 

            Stand. Comm. Rep. No. 1256

H.C.R. No. 105, H.D. 1

 

REQUESTING THE OFFICE OF THE AUDITOR TO CONDUCT A SUNRISE REVIEW OF THE REGULATION OF UNACCREDITED DEGREE GRANTING INSTITUTIONS IN THE STATE.

 

AS AMENDED, REFER TO LEGISLATIVE MANAGEMENT                                                          

 

            LABOR & PUBLIC EMPLOYMENT/HIGHER EDUCATION

 

            Stand. Comm. Rep. No. 1257

H.R. No. 85

 

REQUESTING THE AUDITOR TO CONDUCT A STUDY ON THE POTENTIAL EFFECTS OF ALLOWING GRADUATE STUDENTS OF THE UNIVERSITY OF HAWAII TO UNIONIZE.

 

REFER TO FINANCE                                                

 

 

            Stand. Comm. Rep. No. 1258

H.C.R. No. 114

 

REQUESTING THE AUDITOR TO CONDUCT A STUDY ON THE POTENTIAL EFFECTS OF ALLOWING GRADUATE STUDENTS OF THE UNIVERSITY OF HAWAII TO UNIONIZE.

 

REFER TO FINANCE                                                

 

            ENERGY & ENVIRONMENTAL PROTECTION

 

            Stand. Comm. Rep. No. 1259

H.C.R. No. 128, H.D. 1

 

URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION TO MAKE AVAILABLE TO THE PUBLIC AN ANNUAL REPORT ON THE STATE'S ENDANGERED MARINE ANIMALS.

 

AS AMENDED, REFER TO OCEAN, MARINE RESOURCES, & HAWAIIAN AFFAIRS/WATER & LAND                                                                        


 

            ENERGY & ENVIRONMENTAL PROTECTION

 

            Stand. Comm. Rep. No. 1260

H.R. No. 73, H.D. 1

 

REQUESTING THE UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE TO WORK WITH AFFECTED PERSONS AND COUNTIES IN ESTABLISHING CRITICAL HABITAT DESIGNATIONS FOR ENDANGERED SPECIES IN THE STATE.

 

AS AMENDED, REFER TO WATER & LAND       

 

 

            Stand. Comm. Rep. No. 1261

H.C.R. No. 96, H.D. 1

 

REQUESTING THE UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE TO WORK WITH AFFECTED PERSONS AND COUNTIES IN ESTABLISHING CRITICAL HABITAT DESIGNATIONS FOR ENDANGERED SPECIES IN THE STATE.

 

AS AMENDED, REFER TO WATER & LAND       

 

            WATER & LAND

 

            Stand. Comm. Rep. No. 1262

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

 

REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO ESTABLISH A SMALL BOAT HARBOR MANAGEMENT TASK FORCE.

 

AS AMENDED, REFER TO FINANCE                   

 

 

            Stand. Comm. Rep. No. 1263

H.C.R. No. 160, H.D. 1

 

REQUESTING THE STATE HISTORIC PRESERVATION DIVISION OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CONVENE A HISTORIC PLACES TASK FORCE.

 

AS AMENDED, REFER TO FINANCE                   

 

            WATER & LAND

 

            Stand. Comm. Rep. No. 1264

H.C.R. No. 98

 

EXPRESSING SUPPORT FOR ONGOING EFFORTS TO PLAN AND DEVELOP A SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH (STEM) EDUCATION AND TRAINING CENTER IN KAKA‘AKO MAKAI.

 

REFER TO EDUCATION                                          

 

 

            Stand. Comm. Rep. No. 1265

H.R. No. 61

 

EXPRESSING SUPPORT FOR THE HAWAII STATE HISTORIC PRESERVATION PLAN.

 

REFER TO FINANCE                                                

 

 

            Stand. Comm. Rep. No. 1266

H.C.R. No. 77

 

EXPRESSING THE LEGISLATURE'S SUPPORT FOR THE HAWAII STATE HISTORIC PRESERVATION PLAN.

 

REFER TO FINANCE                                                


 

 

            VETERANS, MILITARY, & INTERNATIONAL AFFAIRS, & CULTURE AND THE ARTS

 

            Stand. Comm. Rep. No. 1267

H.R. No. 87

 

ENCOURAGING THE HAWAII STATE FOUNDATION ON CULTURE AND THE ARTS TO UTILIZE THE ART IN PUBLIC PLACES PROGRAM TO INCLUDE MORE ART PROGRAMS FOR CHILDREN.

 

FOR ADOPTION                                                         

 

 

            Stand. Comm. Rep. No. 1268

H.C.R. No. 116

 

ENCOURAGING THE HAWAII STATE FOUNDATION ON CULTURE AND THE ARTS TO UTILIZE THE ART IN PUBLIC PLACES PROGRAM TO INCLUDE MORE ART PROGRAMS FOR CHILDREN.

 

FOR ADOPTION                                                         

 

            WATER & LAND

 

            Stand. Comm. Rep. No. 1269

H.R. No. 131

 

ESTABLISHING A PILOT PROGRAM FOR THE CREATION OF URBAN ART ON STATE-OWNED PROPERTY UNDER THE DIRECTION OF THE HAWAII STATE FOUNDATION ON CULTURE AND THE ARTS.

 

FOR ADOPTION                                                         

 

 

            Stand. Comm. Rep. No. 1270

H.C.R. No. 163

 

ESTABLISHING A PILOT PROGRAM FOR THE CREATION OF URBAN ART ON STATE-OWNED PROPERTY UNDER THE DIRECTION OF THE HAWAII STATE FOUNDATION ON CULTURE AND THE ARTS.

 

FOR ADOPTION                                                         

 

 

 

 

7.         Announcements

 

 

Committee Referral Sheet No. 45

 

Floor presentations for Monday, April 1, 2013:

 

COMMENDING AND CONGRATULATING HALE KULA ELEMENTARY SCHOOL ON BEING A RECIPIENT OF A GRANT FROM THE DEPARTMENT OF DEFENSE PROGRAM FOR CONSTRUCTION, RENOVATION, REPAIR, OR EXPANSION OF PUBLIC SCHOOLS LOCATED ON MILITARY INSTALLATIONS.

 

CONGRATULATING THE KALANI HIGH SCHOOL BOYS SOCCER TEAM ON WINNING THE 2013 DIVISION I STATE CHAMPIONSHIP.