‘Aha Kenekoa ‘Aha‘ōlelo Iwakāluakumamāwalu

THE SENATE

OF THE

TWENTY-EIGHTH LEGISLATURE

Moku‘āina ‘O Hawai‘i

STATE OF HAWAI'I

‘Ākoakoa Kūmau MH 2015

REGULAR SESSION OF 2015

 

 

Lā Kanalimakumamāwalu

FIFTY-EIGHTH DAY

 

1 Mei 2015 - Po‘alima - Hola 6:30 P.M.

May 1, 2015-Friday-6:30 O'CLOCK P.M.

 

 

 

Papahana O Ka Lā

ORDER OF BUSINESS

 

Kāhea Papainoa

ROLL CALL

 

‘Āpono Mo‘olelo O Ka Puke Hālāwai

APPROVAL OF THE JOURNAL

 

Ho‘olauna Mea Kipa

INTRODUCTIONS

 

Ho‘oka‘a‘ike Mai Ke Kia‘āina

MESSAGES FROM THE GOVERNOR: No. 896

 

MEASURE

TITLE

REFERRAL

 

 

 

G.M. No. 896

Informing the Senate that on April 30, 2015, the Governor has withdrawn RENWICK V. TASSIL, Gubernatorial Nominee to the Hawaiian Homes Commission, from consideration by the Senate (GM743).

FILE

 

 

 

 

 

 

 

Ho‘oka‘a‘ike Mai Nā ‘Oihana

DEPARTMENTAL COMMUNICATIONS: None


 

Ho‘oka‘a‘ike No Ka Hale

HOUSE COMMUNICATION Nos. 650-652

 

 

Informing the Senate that on April 30, 2015, the House agreed to the amendments proposed by the Senate and that said resolutions have been adopted in final form in the House:

REFERRAL

 

 

 

650

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

"AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT LAHAINA, MAUI FOR SEAWALL ENCROACHMENT PURPOSES AND AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT FOR THE RIGHT, PRIVILEGE, AND AUTHORITY TO USE, MAINTAIN, REPAIR, AND REPLACE AN EXISTING SEAWALL OVER, UNDER, AND ACROSS STATE-OWNED LAND IN LAHAINA, MAUI."(State Submerged Lands; Non-exclusive Easement; Board of Land and Natural Resources; Paul D. Gossman Residence Trust; Association of Apartment Owners of Lahaina Roads)

FILE

 

 

 

 

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

"REQUESTING THE GOVERNOR AND DEPARTMENT OF TRANSPORTATION TO INCLUDE IN THE 2017-2018 SUPPLEMENTAL CAPITAL IMPROVEMENT PROGRAM REQUEST IMPROVEMENTS TO CRUISE SHIP PASSENGER TERMINALS AT NAWILIWILI HARBOR IN KAUAI, HONOLULU HARBOR IN OAHU, KAHULUI HARBOR IN MAUI, AND HILO HARBOR IN HAWAII."(Department of Transportation; Capital Improvements; Cruise Ship Passenger Terminals)

 

 

 

 

 

H.C.R. No. 86, H.D. 1, S.D. 1

"REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CONSIDER DEVELOPING PERMITTING PROVISIONS TO REQUIRE THAT EMPLOYEES OF WATERSPORT EXCURSION COMPANIES WHO TAKE CUSTOMERS ON WATERSPORT EXCURSIONS ARE TRAINED IN BASIC SAFETY MEASURES."(Watersport Excursion Companies; Safety Training)

 

 

 

 

 

H.C.R. No. 108, S.D. 1

"REQUESTING THE CONVENING OF A CLIMATE CHANGE AND HEALTH WORKING GROUP TO ASSESS THE SCOPE AND RISKS OF CLIMATE CHANGE ON THE HEALTH OF HAWAII'S RESIDENTS AND TO DEVELOP A STRATEGIC PLAN TO ADDRESS CLIMATE CHANGE RISKS TO HEALTH STATEWIDE."(Climate Change and Health Working Group)

 

 

 

 

 

H.C.R. No. 119, S.D. 1

"REQUESTING A REPORT OF RECOMMENDATIONS TO STOP THE DECLINE AND REPLENISH THE SUPPLY OF LIMU AND REEF FISH IN CERTAIN AREAS OF THE EWA COAST OF OAHU."(Limu; Reef Fish; Ewa Coast)

 

 

 

 

 

H.C.R. No. 141, H.D. 1, S.D. 1

"REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE COUNTIES TO IMPROVE PUBLIC BEACH ACCESS FOR PERSONS WITH DISABILITIES IN HAWAII."(Beach Access; Reasonable Accommodation; Disabled Persons)

 

 

 

 

 

H.C.R. No. 155, S.D. 1

"REQUESTING THE JUDICIAL COUNCIL TO APPOINT A COMMITTEE TO REVIEW AND RECOMMEND REVISIONS TO THE HAWAII PENAL CODE."(Penal Code Review; Judicial Council Review Committee)

 

 

 

 

 

H.C.R. No. 158, H.D. 1, S.D. 1

"REQUESTING THE HAWAII SISTER-STATE COMMITTEE TO EVALUATE AND DEVELOP RECOMMENDATIONS FOR THE INITIATION OF A SISTER-STATE RELATIONSHIP BETWEEN THE STATE OF HAWAII AND THE STATE OF DAKHLA OF THE REGION OF OUED ED-DAHAB-LAGOUIRA OF THE KINGDOM OF MOROCCO, AND FORWARD ITS RECOMMENDATION TO THE LEGISLATURE, PURSUANT TO SECTION 229‑3, HAWAII REVISED STATUTES, FOR FURTHER ACTION."(Sister-state; State of Dakhla of the Kingdom of Morocco)

 

 

 

 

 

H.C.R. No. 168, H.D. 2, S.D. 1

"REQUESTING THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS TO CONVENE A WORKING GROUP TO STREAMLINE THE STATE'S WORKERS' COMPENSATION PROCESS."(Workers' Compensation; Working Group)

 

 

 

 

 

H.C.R. No. 178, H.D. 1, S.D. 1

"URGING THE GOVERNOR TO DEVELOP A MODERNIZED OAHU COMMUNITY CORRECTIONAL CENTER IN THE VICINITY OF THE HALAWA CORRECTIONAL FACILITY THROUGH A PUBLIC-PRIVATE PARTNERSHIP."(Halawa Correctional Facility; Oahu Community Correctional Center; Consolidation; Redevelopment; Private-Public Partnership)

 

 

 

 

 

H.C.R. No. 185, S.D. 1

"AUTHORIZING THE ISSUANCE OF FOUR TERM, NON-EXCLUSIVE EASEMENTS COVERING PORTIONS OF STATE SUBMERGED LANDS AT STABLE ROAD BEACH, STABLE ROAD, SPRECKELSVILLE, WAILUKU, MAUI, FOR THE USE, MAINTENANCE, AND REPAIR OF FOUR EXISTING ROCK GROINS."(Easement; Rock Groin; State Submerged Lands; Stable Road Beach)

 

 

 

 

 

H.C.R. No. 187, H.D. 1, S.D. 1

"REQUESTING THE DEPARTMENT OF AGRICULTURE TO CONVENE A TASK FORCE TO CLARIFY AND COORDINATE AGRICULTURAL-BASED COMMERCIAL SUPPORT OF BONA-FIDE FARMING OPERATIONS ACROSS THE STATE."(Agricultural-Based Commerce Activities Task Force)

 

 

 

 

 

H.C.R. No. 189, H.D. 1, S.D. 1

"REQUESTING THE BROADBAND ASSISTANCE ADVISORY COUNCIL TO CREATE A MASTER PLAN OF PROVIDING UNIVERSAL HIGH SPEED BROADBAND ACCESS IN RESORT AREAS AND OTHER AREAS OF IMPORTANCE THROUGHOUT HAWAII, INCLUDING BUT NOT LIMITED TO HONOLULU INTERNATIONAL AIRPORT AND HAWAII PUBLIC SCHOOLS."(Broadband; Resort Areas; Universal Wireless Access; Department of Business, Economic Development, and Tourism Working Group)

 

 

 

 

 

H.C.R. No. 204, S.D. 1

"REQUESTING THE STATE PROCUREMENT ADMINISTRATOR TO COLLECT INFORMATION ON EACH OF THE INDIVIDUAL PROCUREMENT JURISDICTIONS."(Comprehensive review of the State Procurement process)

 

 

 

 

 

H.C.R. No. 208, H.D. 1, S.D. 1

"STRONGLY URGING THE UNITED STATES CONGRESS AND THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RESTORE FEDERAL HEALTHCARE FUNDING FOR U.S. RESIDENTS PRESENT UNDER THE COMPACTS OF FREE ASSOCIATION, IN RECOGNITION OF THEIR UNIQUE HISTORIC AND ONGOING SACRIFICES AND CONTRIBUTIONS TO THE UNITED STATES OF AMERICA AND TO THE WORLD."(Compact of Free Association Nations Migrants; Restore Federal Healthcare Funding)

 

 

 

 

 

H.C.R. No. 217, H.D. 1, S.D. 1

"REQUESTING THE JUDICIARY TO CONVENE A TASK FORCE TO EXAMINE ESTABLISHING HAWAIIAN LANGUAGE RESOURCES FOR THE STATE OF HAWAII JUDICIARY."(Judiciary Website; Hawaiian Language Translation)

 

 

 

 

 

H.C.R. No. 224, S.D. 1

"NAMING THE NEW WAIMANALO ELEMENTARY AND INTERMEDIATE SCHOOL BUILDING IN HONOR OF AL LEWIS."(Waimanalo Elementary and Intermediate School; Al Lewis)

 

 

 

 

 

Informing the Senate that on April 30, 2015, the House reconsidered its action in disagreeing to the amendments proposed by the Senate to the following House Bills:

 

 

 

 

651

H.B. No. 393, H.D. 2, S.D. 2

"RELATING TO HAWAIIAN FISHPONDS."(Loko i‘a; Hawaiian Fishponds; Waiver; Water Quality Certification)

FILE

 

 

 

 

H.B. No. 770, H.D. 1, S.D. 1

"RELATING TO INTOXICATING LIQUOR."(Liquor Licenses; Restaurant; Retail Dealer; Brewpub; Small Craft Producer Pub)

 

 

 

 

652

H.B. No. 1349, H.D. 2, S.D. 1

"RELATING TO TEACHER TENURE."(Teacher Tenure; Department of Education)

FILE

 

 

 

 

 

 

 

Ho‘oka‘a‘ike No Ka ‘Aha Kenekoa

SENATE COMMUNICATIONS: None

 

Ho‘oka‘a‘ike Mai Ka ‘Ao‘ao Ho‘okolokolo

JUDICIARY COMMUNICATIONS: None

 

Palapala Hō‘ike Na Nā Kōmike Kūmau

STANDING COMMITTEE REPORT Nos. 1711-1714

 

1711

(One Day Notice)

(HSH)

G.M. No. 796

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Public Housing Authority, Gubernatorial Nominee, JASON ESPERO, for a term to expire 6-30-2019."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1712

(One Day Notice)

(HSH)

G.M. No. 795

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Public Housing Authority, Gubernatorial Nominee, ALENA MEDEIROS, for a term to expire 6-30-2018."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1712

(One Day Notice)

(HSH)

G.M. No. 797

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Public Housing Authority, Gubernatorial Nominee, LAURA SMITH, for a term to expire 6-30-2019."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1712

(One Day Notice)

(HSH)

G.M. No. 798

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Public Housing Authority, Gubernatorial Nominee, LISA A. DARCY, for a term to expire 6-30-2016."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1712

(One Day Notice)

(HSH)

G.M. No. 799

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Public Housing Authority, Gubernatorial Nominee, NANCY CABRAL, for a term to expire 6-30-2019."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1712

(One Day Notice)

(HSH)

G.M. No. 800

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Public Housing Authority, Gubernatorial Nominee, PONO D. SHIM, for a term to expire 6-30-2019."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1713

(One Day Notice)

(TSI)

G.M. No. 825

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Tourism Authority, Gubernatorial Nominee, CRAIG NAKAMURA, for a term to expire 6-30-2018."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1713

(One Day Notice)

(TSI)

G.M. No. 826

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Tourism Authority, Gubernatorial Nominee, FRED ATKINS, for a term to expire 6-30-2018."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1713

(One Day Notice)

(TSI)

G.M. No. 827

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Tourism Authority, Gubernatorial Nominee, GERALD L. DE MELLO, for a term to expire 6-30-2018."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1713

(One Day Notice)

(TSI)

G.M. No. 828

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Tourism Authority, Gubernatorial Nominee, RODNEY G. K. KAM, for a term to expire 6-30-2018."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1713

(One Day Notice)

(TSI)

G.M. No. 829

"Submitting for consideration and confirmation to the Board of Directors of the Hawai'i Tourism Authority, Gubernatorial Nominee, SEAN DEE, for a term to expire 6-30-2018."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

1714

(One Day Notice)

(JDL)

J.C. No. 7

"Submitting for consideration and confirmation to the District Family Court of the First Circuit, Judicial Nominee, DYAN M. MEDEIROS, for a term to expire in 6 years."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

 

 

 

 

Papahana O Ka Lā

ORDER OF THE DAY

 

 

 

Heluhelu Hope Loa

FINAL READING

 

Conf. Com. Rep. No. 2

 

Prior Versions/Status & Testimony

H.B. No. 287, H.D. 1, S.D. 1, C.D. 1

"RELATING TO THE UNIFORM INFORMATION PRACTICES ACT."

 

(Judiciary Package; UIPA; Government Records)

 

 

 

 

Conf. Com. Rep. No. 3

 

Prior Versions/Status & Testimony

S.B. No. 1049, S.D. 1, H.D. 1, C.D. 1

"RELATING TO ELECTRONIC WASTE RECYCLING."

 

(Electronic Waste; Recycling; Prohibition)

 

 

 

 

Conf. Com. Rep. No. 4

 

Prior Versions/Status & Testimony

S.B. No. 878, S.D. 1, H.D. 1, C.D. 1

"RELATING TO WASTEWATER."

 

(Counties; Wastewater; Individual Systems)

 

 

 

 

Conf. Com. Rep. No. 5

 

Prior Versions/Status & Testimony

S.B. No. 419, S.D. 2, H.D. 1, C.D. 1

"RELATING TO NEIGHBORHOOD BOARDS."

 

(Neighborhood Boards; Public Meetings; Permitted Interactions)

 

 

 

 

Conf. Com. Rep. No. 6

 

Prior Versions/Status & Testimony

S.B. No. 1096, S.D. 1, H.D. 2, C.D. 1

"RELATING TO ON-BILL PROGRAMS."

 

(On-bill Financing; On-bill Repayment; Public Utilities Commission; Electric Utilities; Billing and Collections)

 

 

 

 

Conf. Com. Rep. No. 7

 

Prior Versions/Status & Testimony

H.B. No. 858, H.D. 2, S.D. 2, C.D. 1

"RELATING TO DOMESTIC VIOLENCE."

 

(Landlord-Tenant Code; Domestic Violence; Residential Rental Agreements; Early Termination)

 

 

 

 

Conf. Com. Rep. No. 8

 

Prior Versions/Status & Testimony

H.B. No. 1075, H.D. 2, S.D. 2, C.D. 1

"RELATING TO HEALTH."

 

(Maui Regional System Facilities; Public-private Partnership; Transfer to Private Nonprofit Management Entity)

 

 

 

 

Conf. Com. Rep. No. 9

 

Prior Versions/Status & Testimony

H.B. No. 119, H.D. 2, S.D. 1, C.D. 1

"RELATING TO HEALTH."

 

(Hawaii ABLE Savings Program; Individuals with a Disability and Families)

 

 

 

 

 

 

 

Ho‘ouna Kōmike Ho‘olohe A Ho‘ouna Hou Paha

REFERRALS AND RE-REFERRALS

 

Ho‘oka‘a‘ike ‘Ē A‘e

MISCELLANEOUS COMMUNICATIONS: None

 

Hana ‘Ē A‘e

MISCELLANEOUS BUSINESS

 

·         Reconsideration of Disagreement to House Amendments; Motion to Agree; One Day Notice for Final Reading

 

S.B. No. 218, S.D. 1, H.D. 1

 

JDL

"RELATING TO ORDER OF SUCCESSION."(Order of Succession; Lieutenant Governor)

 

 

 

 

 

 

 

 

Ho‘olaha

ANNOUNCEMENTS

 

 

 

Ke Pani ‘Ana

ADJOURNMENT