THE SENATE

OF THE

TWENTY-FOURTH LEGISLATURE

STATE OF HAWAI'I

REGULAR SESSION OF 2007

FORTY-SIXTH DAY

April 10, 2007-Tuesday-10:00 O'CLOCK A.M.

ORDER OF BUSINESS

Invocation by    Reverend Frank Chong

                        AlohaCare

Roll Call

Approval of the Journal

Introductions

1. Messages from the Governor: No(s). 730

G.M. NO.	TITLE	REFERRAL
730	Dated March 30, 2007, transmitting the Employees' Retirement System's Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2006.	FILE

2. Departmental Communications: None

3. House Communications: No(s). 535-547

	Informing the Senate that on April 5, 2007, the House disagreed to the amendments proposed by the Senate to the following House Bill(s):	REFERRAL
535	H.B. No. 13, H.D. 1, S.D. 1 "RELATING TO EDUCATION. "(DOE; Revolving Fund; Food Distribution Program)	FILE
	H.B. No. 14, H.D. 1, S.D. 1 "RELATING TO EDUCATION. "(DOE; Transfer of Functions; Repeal)
	H.B. No. 17, H.D. 1, S.D. 1 "RELATING TO EDUCATION. "(DOE; Committee on Weights; Weighted Student Formula)
	H.B. No. 92, H.D. 1, S.D. 1 "RELATING TO THE GENERAL EXCISE TAX. "(Investment Securities; Broker and Agent; General Excise Tax)
	H.B. No. 334, H.D. 1, S.D. 1 "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST SOPOGY INC., IN THE DEVELOPMENT OF RENEWABLE ENERGY. "(Special Purpose Revenue Bonds; Sopogy, Inc.)
	H.B. No. 506, H.D. 1, S.D. 1 "RELATING TO ETHANOL. "(Ethanol Facility Tax Credit; Extend Sunset Date 5 Years)
	H.B. No. 692, H.D. 2, S.D. 1 "RELATING TO AGRICULTURE. "(Special Purpose Revenue Bonds; Lapsing; Aloun Farms)
	H.B. No. 831, H.D. 2, S.D. 1 "RELATING TO VETERAN BURIAL GRANTS. "(Filipino Veterans; Burial)
	H.B. No. 870, H.D. 1, S.D. 1 "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST SEAWATER AIR CONDITIONING PROJECTS ON THE ISLAND OF OAHU. "(Special Purpose Revenue Bonds; Honolulu Seawater Air Conditioning LLC)
	H.B. No. 899, H.D. 1, S.D. 1 "RELATING TO INTEGRATED STRATEGIES FOR STATEWIDE FOOD AND ENERGY CROP PRODUCTION. "(Integrated Strategies for Statewide Food and Energy Crop Production)
	H.B. No. 1014, H.D. 2, S.D. 1 "RELATING TO EDUCATION. "(Teacher Recruitment and Retention; Appropriation)
	H.B. No. 1120, H.D. 2, S.D. 1 "RELATING TO DENTAL HEALTH. "(Dental Health)
	H.B. No. 1334, H.D. 1, S.D. 1 "RELATING TO PROFESSIONAL AND VOCATIONAL LICENSING FEES. "(Expedited Licensing Discounts)
	H.B. No. 1353, H.D. 1, S.D. 1 "RELATING TO THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED. "(Hawaiian Homes Commission Act)
	H.B. No. 1361, H.D. 1, S.D. 1 "RELATING TO HOUSING. "(Hawaii Public Housing Authority; Housekeeping)
	H.B. No. 1364, H.D. 2, S.D. 1 "RELATING TO THE STATE RENT SUPPLEMENT PROGRAM. "(State Rent Supplement Program)
	H.B. No. 1368, S.D. 1 "RELATING TO THE HOSPITAL AND MEDICAL FACILITIES SPECIAL FUND. "(Hospital and Medical Facilities Special Fund)
	H.B. No. 1411, H.D. 2, S.D. 1 "RELATING TO CONFORMITY OF THE HAWAII INCOME TAX LAW TO THE INTERNAL REVENUE CODE. "(Conforms the Hawaii Income Tax Law to the Internal Revenue Code)
	H.B. No. 1902, S.D. 1 "RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS TO ASSIST UTILITIES SERVING THE GENERAL PUBLIC. "(Special Purpose Revenue Bonds; Utilities)
	Informing the Senate that on April 5, 2007, the following Senate Bill(s) passed Third Reading in the House:
536	S.B. No. 1956 "RELATING TO THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE." (Agreement among the states to elect the president by national popular vote)	FILE
537	S.B. No. 55, S.D. 1, H.D. 2 "RELATING TO DENTISTRY." (Dentists; Exam)	AGREE/DISAGREE
538	S.B. No. 784, S.D. 1, H.D. 2 "RELATING TO DRIVER LICENSING." (Provisional Driver's License; Financial Responsibility)	AGREE/DISAGREE
539	S.B. No. 866, S.D. 1, H.D. 1 "RELATING TO TOURISM." (Hawaii Tourism Authority; Board of Directors)	AGREE/DISAGREE
540	S.B. No. 1047, H.D. 2 "RELATING TO HIGHWAY SAFETY." (Commercial Drivers Licensing; Age Requirement; Deferred Pleas.)	AGREE/DISAGREE
541	S.B. No. 1063, S.D. 1, H.D. 1 "RELATING TO LEGISLATIVE VACANCIES." (Legislative Vacancies; Appointments)	AGREE/DISAGREE
542	S.B. No. 1675, S.D. 1, H.D. 1 "RELATING TO AUTOMATED EXTERNAL DEFIBRILLATORS." (Automated External Defibrillators; Liability)	AGREE/DISAGREE
	Informing the Senate that on April 5, 2007, the following House Concurrent Resolution(s) was adopted in the House:
543	H.C.R. No. 82 "PROCLAIMING APRIL 30 OF EVERY YEAR AS HAWAIIAN RESTORATION DAY." (Proclaiming April 30 of Every Year as Hawaiian Restoration Day)
544	H.C.R. No. 280 "REQUESTING THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM TO CONDUCT A STUDY ON CREATING A ONE-STOP PERMIT SHOP FOR RENEWABLE ENERGY PROJECTS." (DBEDT study; feasibility of one-stop permit shop for renewable energy projects.)
545	H.C.R. No. 129 "REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO SUPPORT THE GLOBAL DEMOCRACY PROMOTION ACT, WHICH WOULD REPEAL THE "GLOBAL GAG RULE" AND RELEASE MUCH-NEEDED FUNDS FOR INTERNATIONAL FAMILY PLANNING PROGRAMS." (Congress; International Affairs; Health; Family Planning)
546	H.C.R. No. 291 "REQUESTING THE WORLD HEALTH ORGANIZATION TO CONFER "OBSERVER STATUS" UPON TAIWAN IN ORDER TO PERMIT TAIWAN'S PARTICIPATION IN THE WORLD HEALTH ORGANIZATION'S PROGRAMS AND ACTIVITIES." (World Health Organization; Taiwan; Observer Status)
547	H.C.R. No. 292 "RECOGNIZING THE NUUANU-LILIHA CORRIDOR AS THE NUUANU-LILIHA HISTORIC CORRIDOR." (Nuunanu-Liliha Historic Corridor)

4. Senate Communications: None

5. Judiciary Communications: None

6. Standing Committee Reports: No(s). 1702

1702 (One Day Notice)

(TSG)

G.M. No. 265 "Submitting for consideration and confirmation as Comptroller of the Department of Accounting and General Services, Gubernatorial Nominee, RUSS K. SAITO, for a term to expire 12-6-2010." (Recommends Senate Consent to Nomination)

ORDER OF THE DAY

7. Advise and Consent

1621	WAH	G.M. No. 419 "Submitting for consideration and confirmation to the Island Burial Council, Island of Oahu, Gubernatorial Nominee, CHARLES ANDREW EHRHORN, for a term to expire 6-30-2011."
1621	WAH	G.M. No. 356 "Submitting for consideration and confirmation to the Island Burial Council, Islands of Kaua'i and Ni'ihau, Gubernatorial Nominee, CLISSON KUNANE AIPOALANI, for a term to expire 6-30-2010."

8. Adopt Resolutions

1622	EDU/ENE	S.C.R. No. 194, S.D. 1 "REQUESTING THE UNIVERSITY OF HAWAII TO CONDUCT A STUDY ON THE MOLUCCA ALBIZIA TREE."
1623	EDU/TSG	S.C.R. No. 42, S.D. 1 "ENCOURAGING THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES TO PROVIDE EXPERIENTIAL LEARNING OPPORTUNITIES FOR STUDENTS." (AMENDED TITLE)
1624	EDU/TSG	S.R. No. 22, S.D. 1 "ENCOURAGING THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES TO PROVIDE EXPERIENTIAL LEARNING OPPORTUNITIES FOR STUDENTS." (AMENDED TITLE)
1625	HTH/EDU	S.C.R. No. 113 "ENCOURAGING THE DEPARTMENT OF HEALTH TO DEVELOP A SKIN CANCER EDUCATION AND PREVENTION PROGRAM AND COLLECT DATA ON THE INCIDENCE OF ALL FORMS OF SKIN CANCER AMONG RESIDENTS AND TO WORK WITH THE DEPARTMENT OF EDUCATION TO IMPLEMENT A CANCER AWARENESS PROGRAM IN ALL PUBLIC SCHOOLS."
1626	HTH/EDU	S.R. No. 70 "ENCOURAGING THE DEPARTMENT OF HEALTH TO DEVELOP A SKIN CANCER EDUCATION AND PREVENTION PROGRAM AND COLLECT DATA ON THE INCIDENCE OF ALL FORMS OF SKIN CANCER AMONG RESIDENTS AND TO WORK WITH THE DEPARTMENT OF EDUCATION TO IMPLEMENT A CANCER AWARENESS PROGRAM IN ALL PUBLIC SCHOOLS."
1627	HTH	S.C.R. No. 212, S.D. 1 "REQUESTING THE DIRECTOR OF HEALTH TO CONVENE A TEMPORARY TASK FORCE TO EXAMINE ALL RELEVANT ISSUES, OTHER THAN MEDICAL MALPRACTICE LIABILITY AND INSURANCE PREMIUMS, THAT MAY CONTRIBUTE TO THE EXODUS OF PHYSICIANS FROM THE STATE." (AMENDED TITLE)
1628	HTH	S.C.R. No. 202 "REQUESTING THE DEPARTMENT OF HEALTH TO REVIEW THE STATE'S VACCINATION REQUIREMENTS AND DETERMINE WHETHER VACCINATION FOR PNEUMOCOCCAL DISEASE FOR CHILDREN ENTERING CHILD CARE SHOULD BE ADDED TO THE CURRENT LIST OF REQUIRED VACCINATIONS."
1629	HTH	S.R. No. 129 "REQUESTING THE DEPARTMENT OF HEALTH TO REVIEW THE STATE'S VACCINATION REQUIREMENTS AND DETERMINE WHETHER VACCINATION FOR PNEUMOCOCCAL DISEASE FOR CHILDREN ENTERING CHILD CARE SHOULD BE ADDED TO THE CURRENT LIST OF REQUIRED VACCINATIONS."
1630	IGM/TIA	S.C.R. No. 216 "REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO SUPPORT THE GLOBAL DEMOCRACY PROMOTION ACT, WHICH WOULD REPEAL THE "GLOBAL GAG RULE" AND RELEASE MUCH-NEEDED FUNDS FOR INTERNATIONAL FAMILY PLANNING PROGRAMS."
1631	IGM/TIA	S.R. No. 140 "REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO SUPPORT THE GLOBAL DEMOCRACY PROMOTION ACT, WHICH WOULD REPEAL THE "GLOBAL GAG RULE" AND RELEASE MUCH-NEEDED FUNDS FOR INTERNATIONAL FAMILY PLANNING PROGRAMS."
1632	WAH	S.C.R. No. 64, S.D. 1 "REQUESTING THE DEPARTMENT OF HAWAIIAN HOME LANDS TO ESTABLISH A HAWAIIAN HOMESTEAD COMMUNITY SELF-GOVERNANCE TASK FORCE."

9. Third Reading

FLOOR AMENDMENTS

Stand. Com. Rep. No. 1514	H.B. No. 928, H.D. 1, S.D. 1 "RELATING TO SOCIAL SERVICES." - (WAM) (Social Services; Homeownership)
(See Stand. Com. Rep. No. 1580)	H.B. No. 1836, H.D. 1, S.D. 1 "RELATING TO GAMBLING." - (JDL) (Gambling; Lottery; Sweepstakes)
(See Stand. Com. Rep. No. 1608)	H.B. No. 1152, H.D. 1, S.D. 1 "RELATING TO SENTENCING." - (JDL) (Sentencing; Jury factual determination, enhanced penalties)
(See Stand. Com. Rep. No. 1614)	H.B. No. 1909, H.D. 1, S.D. 1 "RELATING TO STANDARDS OF CONDUCT." - (JDL) (Legislators; Standards of Conduct; Ethics)
Stand. Com. Rep. No. 1617	H.B. No. 1345, H.D. 2, S.D. 2 "MAKING AN EMERGENCY APPROPRIATION FOR NATURAL DISASTERS." - (WAM) (Emergency Appropriation; Natural Disasters)
Stand. Com. Rep. No. 1642	H.B. No. 367, H.D. 1, S.D. 2 "RELATING TO INTERVENTION FOR SUBSTANCE ABUSE." - (WAM) (Substance Abuse; Intervention)
Stand. Com. Rep. No. 1663	H.B. No. 1018, H.D. 2, S.D. 2 "RELATING TO LIQUOR." - (CPH) (Liquor Licenses; Condominium Hotels)
Stand. Com. Rep. No. 1673	H.B. No. 1757, H.D. 1, S.D. 2 "RELATING TO TRANSPORTATION." - (JDL) (Vehicle Gross Weight)
Stand. Com. Rep. No. 1674	H.B. No. 1608, S.D. 2 "RELATING TO TRANSPORTATION." - (JDL) (Transportation; Highways; Highway Access)
Stand. Com. Rep. No. 1701	H.B. No. 1848, H.D. 2, S.D. 1 "RELATING TO AQUATIC RESOURCES." - (WAM) (Aquatic Resources; Maka‘i O Ke Kai Program; Established)

RECOMMITTALS

(See Stand. Com. Rep. No. 1579)

H.B. No. 248, H.D. 1, S.D. 1 "RELATING TO FIREARMS." - (JDL) (Firearms; Ammunition Magazine Capacity)

CONSENT CALENDAR

(See Floor Amendment No. 8)	H.B. No. 987, H.D. 1, S.D. 2 "RELATING TO POLICE OFFICERS." - (JDL) (Police Officers; Representation by Counsel)
Stand. Com. Rep. No. 1505	H.B. No. 1323, S.D. 1 "RELATING TO CAPTIVE INSURANCE." - (WAM) (Maximum Annual Premium Tax)
Stand. Com. Rep. No. 1506	H.B. No. 1631, H.D. 2, S.D. 2 "RELATING TO HIGH TECHNOLOGY BUSINESS INVESTMENT TAX CREDIT." - (WAM) (High Technology Tax Incentives; Reports)
Stand. Com. Rep. No. 1507	H.B. No. 1719, H.D. 1, S.D. 1 "RELATING TO GENERAL EXCISE TAX." - (WAM) (General Excise Tax)
Stand. Com. Rep. No. 1509	H.B. No. 1370, H.D. 1, S.D. 1 "MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HEALTH FOR THE ADULT MENTAL HEALTH DIVISION." - (WAM) (Emergency Appropriation; DOH)
Stand. Com. Rep. No. 1512	H.B. No. 317, H.D. 2, S.D. 2 "RELATING TO PROFESSIONAL EMPLOYMENT ORGANIZATIONS." - (WAM) (GET; Exemption; Professional Employment Organization)
(See Stand. Com. Rep. No. 1523)	H.B. No. 1646, H.D. 2, S.D. 1 "RELATING TO PESTICIDES." - (ENE/WAH) (Pesticides; Signs; Department of Agriculture)
(See Stand. Com. Rep. No. 1540)	H.B. No. 1339, H.D. 1, S.D. 1 "RELATING TO CONTRACTOR LICENSING REQUIREMENTS DURING A STATE OF EMERGENCY OR DISASTER." - (CPH) (Contractor Licensing)
(See Stand. Com. Rep. No. 1541)	H.B. No. 1612, S.D. 1 "RELATING TO CONSUMER CREDIT REPORTING AGENCIES." - (CPH) (Consumer Credit Report; Security Freeze)
(See Stand. Com. Rep. No. 1545)	H.B. No. 910, H.D. 1, S.D. 1 "RELATING TO PUBLIC FINANCIAL DISCLOSURE STATEMENTS." - (JDL) (Public Financial Disclosure Statements)
(See Stand. Com. Rep. No. 1549)	H.B. No. 1379, H.D. 1, S.D. 1 "RELATING TO EMPLOYMENT SECURITY LAW." - (WAM) (Employment Security Law)
Stand. Com. Rep. No. 1551	H.B. No. 1256, H.D. 1, S.D. 1 "RELATING TO THE PERFECTION OF APPEALS TO THE TAX APPEAL COURT." - (JDL) (Tax Appeals)
Stand. Com. Rep. No. 1552	H.B. No. 528, H.D. 2 "RELATING TO MINORS." - (JDL) (Minor; Consent; Primary Medical Care and Services)
Stand. Com. Rep. No. 1553	H.B. No. 1260, H.D. 1, S.D. 1 "RELATING TO SENTENCING." - (JDL) (Examinations of Defendants)
Stand. Com. Rep. No. 1554	H.B. No. 1399, S.D. 1 "RELATING TO INCARCERATED PERSONS." - (JDL) (Relating to incarcerated persons.)