THE SENATE

OF THE

TWENTY-FIRST LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2002

 

THIRTY-EIGHTH DAY

March 22, 2002-Friday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Napoleon Andres, MS

St. Anthony Church

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 246-249
  2. G.M. NO.

    TITLE

    REFERRAL

         

    246

    Dated March 7, 2002, transmitting a report, "Success is a Journey . . . Bring It On! -- Proceedings of the 2001 Hawaii State Student Conference," pursuant to Chapter 317, HRS.

    FILE

         

    247

    Dated March 12, 2002, transmitting the report, "Nurturing a Clean Energy Future in Hawaii: Assessing the Feasibility of the Large-Scale Utilization of Hydrogen and Fuel Cells in Hawaii," and the Progress Report on the State's Hydrogen Fuel and NELHA Gateway Projects, pursuant to Act 283,SLH 2001.

    FILE

         

    248

    Dated March 15, 2002, transmitting the Report on Mental Health Services from the Child and Adolescent Mental Health Division, prepared by the Department of Health pursuant to Act 259, Section 33, SLH 2001.

    FILE

         

    249

    Dated March 13, 2002, transmitting the Monthly Report for February on Expenditures for the Felix Consent Decree, Felix Special Monitor, and Felix Monitoring Project, prepared by the Department of Education pursuant to Act 259, Section 53, SLH 2001.

    FILE

         
         
  3. Departmental Communications: None
  4. House Communications: No(s). 318-319
  5.  

    Informing the Senate that on March 21, 2002, the following House Concurrent Resolution was Adopted in the House:

    REFERRAL

    318

    H.C.R. No. 96

    "DESIGNATING THE CITY OF KAPOLEI AS THE E-COMMERCE CITY OF O`AHU."(Kapolei, the wired city of O`ahu)

    EDT, TIA

     

    Informing the Senate that on March 21, 2002, the following Senate Bill passed Third Reading in the House:

    REFERRAL

    319

    S.B. No. 2788

    "RELATING TO UNEMPLOYMENT INSURANCE APPEALS."(Unemployment Insurance Appeals)

    FILE

         
         
  6. Senate Communications: None
  7. Judiciary Communications: None
  8. Standing Committee Reports: No(s). 2933-2987
  9. 2933

    (One Day Notice)

    (JDC)

    G.M. No. 173

    "Submitting for consideration and confirmation to the Crime Victim Compensation Commission, Sandra Joy Eastlack, for a term to expire 6-30-2002; Dawn Yoshimura Sinclair, for a term to expire 6-30-2003 and Sandra Joy Eastlack, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)

         
         

    2934

    (One Day Notice)

    (CPH)

    G.M. No. 180

    "Submitting for consideration and confirmation to the State Boxing Commission of Hawai'i, Gubernatorial Nominee Alfred Castro, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)

         
         

    2935

    (One Day Notice)

    (CPH)

    G.M. No. 181

    "Submitting for consideration and confirmation to the Credit Union Advisory Board, Gubernatorial Nominee Michael E. Asam, for a term to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)

         
         

    2936

    (One Day Notice)

    (EDU)

    G.M. No. 182

    "Submitting for consideration and confirmation to the Education Commission of the States, Gubernatorial Nominees Karen Y. Aka, Ph.D., for a term to expire 6-30-2006; and Carl T. Takamura, for terms to expire 6-30-2004."

    (Recommends Senate Consent to Nomination)

         
         

    2937

    (One Day Notice)

    (EDU)

    G.M. No. 240

    "Submitting for consideration and confirmation to the Board of Directors, Research Corporation of the University of Hawai'i, Gubernatorial Nominees Lynn C. Kinney, for a term to expire 6-30-2005; Shigeo Iwamoto and Brian T. Tamamoto, for terms to expire 6-30-2006."

    (Recommends Senate Consent to Nomination)

         
         

    2938

    (One Day Notice)

    (EDU)

    S.C.R. No. 54

    "REQUESTING THE DEPARTMENT OF EDUCATION TO DESIGN AND REPORT FINDINGS AND RECOMMENDATIONS FOR IMPLEMENTING A GRADES 6-12 CAREER AND LIFE SKILLS PROGRAM, AS A PART OF A COMPREHENSIVE CAREER DEVELOPMENT SYSTEM."

    (Recommends Adoption)

         
         

    2939

    (One Day Notice)

    (AGT)

    S.C.R. No. 50

    "DECLARING THE WISHES OF THE LEGISLATURE WITH RESPECT TO THE PRESERVATION AND PROTECTION OF EXISTING AGRICULTURAL LAND RESOURCES AND THEIR COMPONENTS."

    (Recommends Adoption)

         
         

    2940

    (One Day Notice)

    (AGT)

    S.R. No. 28

    "DECLARING THE WISHES OF THE LEGISLATURE WITH RESPECT TO THE PRESERVATION AND PROTECTION OF EXISTING AGRICULTURAL LAND RESOURCES AND THEIR COMPONENTS."

    (Recommends Adoption)

         
         

    2941

    (One Day Notice)

    (HAW)

    H.B. No. 2493, H.D. 1

    "RELATING TO THE HAWAIIAN HOMES COMMISSION ACT, 1920, AS AMENDED."

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

         
         

    2942

    (One Day Notice)

    (TMG)

    H.B. No. 1726

    "RELATING TO DRIVER'S LICENSE INSTRUCTION PERMIT."

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

         
         

    2943

    (48 Hrs. Notice)

    (TMG)

    H.B. No. 1970, S.D. 1

    "RELATING TO THE HAWAII STATE EMERGENCY RESPONSE COMMISSION."

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

         
         

    2944

    (48 Hrs. Notice)

    (AGT)

    H.B. No. 2009, H.D. 1, S.D. 1

    "RELATING TO AGRICULTURE."

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

         
         

    2945

    (EDU/JDC)

    H.B. No. 1969, S.D. 1

    "RELATING TO THE BOARD OF EDUCATION."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2946

    (HHS)

    H.B. No. 1842, H.D. 1, S.D. 1

    "RELATING TO THE PRACTICE OF PHARMACY."

    (Recommends passage on SECOND READING and referral to CPH)

         
         

    2947

    (HHS)

    H.B. No. 2056, H.D. 2, S.D. 1

    "RELATING TO SOCIAL WORK."

    (Recommends passage on SECOND READING and referral to CPH)

         
         

    2948

    (HHS/EDU)

    H.B. No. 2761, H.D. 1

    "RELATING TO COMMUNITY ORAL HEALTH."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2949

    (One Day Notice)

    (JDC)

    H.B. No. 2117, H.D. 1

    "RELATING TO HAWAII PENAL CODE."

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

         
         

    2950

    (48 Hrs. Notice)

    (JDC)

    H.B. No. 2305, H.D. 1, S.D. 1

    "RELATING TO THE UNIFORM PROBATE CODE."

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

         
         

    2951

    (One Day Notice)

    (JDC)

    H.B. No. 2306, H.D. 2

    "RELATING TO JUDICIARY RECORDS."

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

         
         

    2952

    (One Day Notice)

    (JDC)

    H.B. No. 2308, H.D. 2

    "RELATING TO THE COURTS."

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

         
         

    2953

    (One Day Notice)

    (JDC)

    H.B. No. 2310

    "RELATING TO VENUE."

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

         
         

    2954

    (JDC)

    H.B. No. 2311, H.D. 2, S.D. 1

    "RELATING TO JUDGES FOR THE CIRCUIT COURT."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2955

    (One Day Notice)

    (JDC)

    H.B. No. 2317

    "RELATING TO THE JURISDICTION OF THE COURTS."

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

         
         

    2956

    (One Day Notice)

    (JDC)

    H.B. No. 2318

    "RELATING TO FORFEITURE OF BAIL OR BONDS."

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

         
         

    2957

    (48 Hrs. Notice)

    (JDC)

    H.B. No. 2387, H.D. 1, S.D. 1

    "RELATING TO THE PENAL CODE."

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

         
         

    2958

    (48 Hrs. Notice)

    (JDC)

    H.B. No. 2427, H.D. 1, S.D. 1

    "RELATING TO VICTIMS OF CRIMES."

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

         
         

    2959

    (One Day Notice)

    (JDC)

    H.B. No. 2437

    "RELATING TO FOREIGN PROTECTIVE ORDERS."

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

         
         

    2960

    (48 Hrs. Notice)

    (JDC)

    H.B. No. 2438, H.D. 1, S.D. 1

    "RELATING TO IDENTITY."

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

         
         

    2961

    (JDC)

    H.B. No. 2563, H.D. 1, S.D. 1

    "RELATING TO COMPENSATION OF CRIME VICTIMS."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2962

    (HHS/EDU)

    H.B. No. 1858, H.D. 2, S.D. 1

    "RELATING TO BEFORE-SCHOOL, AFTER-SCHOOL, AND WEEKEND PROGRAMS."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2963

    (LBR)

    H.B. No. 682

    "RELATING TO CONTESTS OF OCCUPATIONAL SAFETY AND HEALTH MATTERS."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2964

    (LBR)

    H.B. No. 2232, H.D. 1

    "RELATING TO THE WHISTLEBLOWERS' PROTECTION ACT."

    (Recommends passage on SECOND READING and referral to JDC)

         
         

    2965

    (LBR/TIA)

    H.B. No. 1772

    "RELATING TO RESIDENCY OF POLICE OFFICER APPLICANTS."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2966

    (AGT/CPH)

    H.B. No. 1825, H.D. 1

    "RELATING TO THE REVISED UNIFORM COMMERCIAL CODE ARTICLE 9 SECURED TRANSACTIONS."

    (Recommends passage on SECOND READING and referral to JDC)

         
         

    2967

    (AGT/CPH)

    H.B. No. 2630, H.D. 2, S.D. 1

    "RELATING TO A SEAL OF QUALITY FOR FRESH AND PROCESSED AGRICULTURAL PRODUCTS PROGRAM."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2968

    (WLE)

    H.B. No. 2554

    "RELATING TO NONCOMMERCIAL PIERS."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2969

    (WLE)

    H.B. No. 2710, H.D. 1

    "RELATING TO OCEAN LEASING."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2970

    (WLE)

    S.C.R. No. 27

    "REQUESTING AN EVALUATION OF THE PROBLEMS OF LEASES ON PUBLIC LANDS DUE TO EXPIRE."

    (Recommends referral to WAM)

         
         

    2971

    (TIA)

    H.B. No. 2045, H.D. 1, S.D. 1

    "RELATING TO REVENUE BONDS."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2972

    (TIA)

    H.B. No. 2192, H.D. 1, S.D. 1

    "RELATING TO THE HAWAII TOURISM AUTHORITY."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2973

    (TIA/CPH)

    H.B. No. 2199, H.D. 1

    "RELATING TO LIQUOR."

    (Recommends passage on SECOND READING and referral to JDC)

         
         

    2974

    (TIA)

    H.B. No. 2451, S.D. 1

    "RELATING TO THE CONVENTION CENTER."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2975

    (TIA/AGT)

    H.B. No. 2595, H.D. 1, S.D. 1

    "MAKING AN APPROPRIATION TO ENHANCE AGRICULTURAL TOURISM VENUES."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2976

    (TIA)

    H.B. No. 2832, H.D. 1, S.D. 1

    "RELATING TO TIME SHARING PLANS."

    (Recommends passage on SECOND READING and referral to CPH)

         
         

    2977

    (TMG)

    H.B. No. 1093

    "RELATING TO THE USE OF WASHINGTON PLACE FOR CAMPAIGN ACTIVITIES."

    (Recommends passage on SECOND READING and referral to JDC)

         
         

    2978

    (TMG)

    H.B. No. 1823, H.D. 1, S.D. 1

    "RELATING TO GOVERNMENT SERVICES."

    (Recommends passage on SECOND READING and referral to WAM)

         
         

    2979

    (TMG)

    H.B. No. 2349, H.D. 1, S.D. 1

    "RELATING TO AUTHORIZED EMERGENCY VEHICLES."

    (Recommends passage on SECOND READING and referral to JDC)

         
         

    2980

    (TMG)

    H.B. No. 2509, H.D. 1, S.D. 1

    "RELATING TO PARKING FOR PERSONS WITH DISABILITIES."

    (Recommends passage on SECOND READING and referral to JDC)

         
         

    2981

    (TMG)

    H.B. No. 2580

    "RELATING TO DRIVER LICENSING."

    (Recommends passage on SECOND READING and referral to JDC)

         
         

    2982

    (One Day Notice)

    (TIA)

    S.C.R. No. 34, S.D. 1

    "REQUESTING A STUDY OF PRIVATE SECTOR SPENDING TO ADVERTISE AND PROMOTE HAWAII AS A VISITOR DESTINATION."

    (Recommends Adoption)

         
         

    2983

    (One Day Notice)

    (TIA)

    S.R. No. 15, S.D. 1

    "REQUESTING A STUDY OF PRIVATE SECTOR SPENDING TO ADVERTISE AND PROMOTE HAWAII AS A VISITOR DESTINATION."

    (Recommends Adoption)

         
         

    2984

    (One Day Notice)

    (TMG/WLE)

    S.C.R. No. 44, S.D. 1

    "REQUESTING THE ARMY NATIONAL GUARD AND OTHER AGENCIES OF THE STATE OF HAWAII TO PROVIDE LOGISTICAL AND TRANSPORTATION SUPPORT AND TRAINING TO THE EMERGENCY ENVIRONMENTAL WORKFORCE WHEN POSSIBLE."

    (Recommends Adoption)

         
         

    2985

    (One Day Notice)

    (TMG/WLE)

    S.R. No. 25, S.D. 1

    "REQUESTING THE ARMY NATIONAL GUARD AND OTHER AGENCIES OF THE STATE OF HAWAII TO PROVIDE LOGISTICAL AND TRANSPORTATION SUPPORT AND TRAINING TO THE EMERGENCY ENVIRONMENTAL WORKFORCE WHEN POSSIBLE."

    (Recommends Adoption)

         
         

    2986

    (One Day Notice)

    (AGT)

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

    "URGING THE DEPARTMENT OF AGRICULTURE TO SCIENTIFICALLY EVALUATE QUARANTINE OPTIONS THAT REDUCE ANIMAL CONFINEMENT."

    (Recommends Adoption)

         
         

    2987

    (One Day Notice)

    (AGT)

    S.R. No. 37, S.D. 1

    "URGING THE DEPARTMENT OF AGRICULTURE TO SCIENTIFICALLY EVALUATE QUARANTINE OPTIONS THAT REDUCE ANIMAL CONFINEMENT."

    (Recommends Adoption)

         
         
         

    ORDER OF THE DAY

  10. Re-Referrals
  11.      

    RE-REFERRALS FOR FRIDAY, MARCH 22, 2002

         

    H.B. NO.

    TITLE

    RE-REFERRAL

         

    2720, H.D. 1

    RELATING TO THE USE TAX.

    (Use Tax; Out-of-State Automobile Purchases) (TMG/TIA, WAM)

    WAM

         

    S.C.R. NO.

    TITLE

    RE-REFERRAL

         

    103

    REQUESTING THE AUDITOR TO REVIEW PRIVATIZATION CONTRACTS ENTERED INTO BY CERTAIN STATE AND COUNTY AGENCIES.

    (Auditor; Review of Privatization Contracts) (LBR/TMG/TIA, WAM)

    LBR/TMG, WAM

         

    121

    REQUESTING A STUDY OF THE CURRENT POLICIES AND CRITERIA USED IN CONDUCTING SUNRISE REVIEWS PURSUANT TO CHAPTER 26H, HAWAII REVISED STATUTES.

    (Study of policies and criteria used for sunrise reviews) (TMG, WAM)

    TMG/HHS

         

    137

    URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO HALT ANY FURTHER DEVELOPMENT ON THE SUMMIT OF MAUNA KEA AND ITS SURROUNDING LANDS UNTIL SUCH TIME AS THE FULL IMPACT OF SUMMIT ACTIVITY CAN BE ASSESSED.

    (Mauna Kea; Development Moratorium) (WLE/HAW)

    EDU/WLE/HAW

         

    138

    URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO OBTAIN REASONABLE COMPENSATION FOR THE USE OF THE LANDS ON MAUNA KEA BY THE ASTRONOMICAL OBSERVATORIES.

    (Mauna Kea Revenues; Audit and Lease Rent Review) (EDU, WAM)

    HAW/EDU, WAM

         

    145

    URGING THE UNITED STATES CONGRESS TO REFORM THE INDIVIDUALS WITH DISABILITIES IN EDUCATION ACT.

    (Reform the Individuals with Disabilities in Education Act) (EDU/TIA)

    EDU

         
         
  12. Miscellaneous Communications: None
  13. Miscellaneous Business
  14. Announcements
  15. Adjournment