THE SENATE

OF THE

TWENTY-THIRD LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2005

 

THIRTIETH DAY

March 15, 2005-Tuesday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Mr. Jon Shimabuku

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
  7. ORDER OF THE DAY

  8. Advise and Consent
  9. 1011

    HTH

    G.M. No. 208

    "Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Hawai`i Service Area Board, Gubernatorial Nominee, ALEX B. WALTER PhD, for a term to expire 06-30-2008."

         
         

    1012

    HTH

    G.M. No. 209

    "Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Kaua`i Service Area Board, Gubernatorial Nominee, ROY A. ASHER, for a term to expire 06-30-2007."

         
         

    1012

    HTH

    G.M. No. 210

    "Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Kaua`i Service Area Board, Gubernatorial Nominee, CANDACE M. SANDAL, for a term to expire 06-30-2008."

         
         

    1012

    HTH

    G.M. No. 211

    "Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Kaua`i Service Area Board, Gubernatorial Nominee, BRENDA K. VIADO, for a term to expire 06-30-2006."

         
         

    1016

    JHW

    G.M. No. 376

    "Submitting for consideration and confirmation to the Circuit Court of the First Circuit (Twelfth Division), State of Hawaii, Gubernatorial Nominee, RANDAL K.O. LEE, for a term of Ten Years."

         
         

    1017

    HTH

    G.M. No. 150

    "Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial Nominee, LIZ ANN K. IHU, for a term to expire 06-30-2008."

         
         

    1018

    HTH

    G.M. No. 151

    "Submitting for consideration and confirmation to the Disability and Communication Access Board, Gubernatorial Nominee, BRIAN KAJIYAMA, for a term to expire 06-30-2006."

         
         
  10. Deferred Matters Referral
  11. HSE. COM. NO.

     

    REFERRAL

         

    352

    H.C.R. No. 3, H.D. 1

    "URGING THE PRESIDENT TO SUPPORT FEDERAL POLICIES DESIGNED TO ELIMINATE HOMELESSNESS IN THE UNITED STATES."(Requesting the President to support policies ending homelessness in the United States.)

    CPH/HMS/IGA

         

    353

    H.C.R. No. 7

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION TO INCLUDE A REVIEW OF THE ECONOMIC FEASIBILITY OF CONSTRUCTING A FIXED RAIL SYSTEM AROUND THE ISLAND OF HAWAII IN THE HAWAII LONG RANGE LAND TRANSPORTATION PLAN."(Fixed Rail; Island of Hawaii)

    TGO/IGA, WAM

         

    354

    H.C.R. No. 51

    "REQUESTING THE OAHU METROPOLITAN PLANNING ORGANIZATION TO STUDY THE FEASIBILITY OF AN ALTERNATE ROUTE OF INGRESS TO AND EGRESS FROM MILILANI MAUKA."(Oahu Metropolitan Planning Organization; Mililani Mauka)

    TGO/IGA, WAM

         

    355

    H.C.R. No. 57

    "REQUESTING THE DEPARTMENT OF TRANSPORTATION REVIEW STATE AIRPORT AND HARBOR FEES AND ADJUST THESE FEES AS NECESSARY."(Requesting the department of transportation review state airport and harbor fees and adjust these fees as necessary.)

    TGO, WAM

         
         
  12. Referrals and Re-Referrals
  13. REFERRALS FOR TUESDAY, MARCH 15, 2005

    S.C.R. NO.

    TITLE

    REFERRAL

         

    65

    AUTHORIZING THE BOARD OF LAND AND NATURAL RESOURCES TO LEASE SUBMERGED AND TIDAL LANDS OF THE HONOKOHAU SMALL BOAT HARBOR TO PRIVATE ENTITIES FOR COMMERCIAL, RECREATIONAL, EDUCATIONAL, AND RESEARCH PURPOSES.

    WLA/BED, WAM

         

    66

    URGING THE DEPARTMENT OF EDUCATION AND BOARD OF EDUCATION TO ADOPT POLICIES AND PROGRAMS THAT PROMOTE SCHOOL CONNECTEDNESS AND ADDRESS BEHAVIORAL CHANGES.

    (Substance abuse prevention programs)

    EDM

         

    67

    REQUESTING THE DEPARTMENT OF TRANSPORTATION TO EXPEDITE ITS NEGOTIATIONS WITH HAWAII SUPERFERRY INC., AND REPORT BACK TO THE LEGISLATURE.

    (Hawaii Superferry; Strict Review)

    TGO/IGA, WAM

         

    68

    REQUESTING THE AUDITOR TO REVIEW ADMINISTRATIVE PROCEDURES AND POLICIES AT KAPIOLANI COMMUNITY COLLEGE TO ENSURE AND UPHOLD THE UNIVERSITY OF HAWAII'S COMMITMENT TO ACADEMIC QUALITY AND INTEGRITY, EQUITY, AND FAIRNESS.

    (UH; Information; Alleged Grievances; Professor; Student)

    HRE

         

    69

    URGING THE DEPARTMENT OF EDUCATION TO MEET WITH THE NATURE CONSERVANCY AND OTHER ENVIRONMENTAL GROUPS TO REVIEW AND UPDATE WHERE NECESSARY THE CONTENT AND PERFORMANCE STANDARDS ON STEWARDSHIP OF PLANET EARTH.

    (DOE; Content and Performance Standards on Environmental Conservation and Protection.)

    EDM/EIA

         

    70

    REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO REEVALUATE THE DEPARTMENT OF DEFENSE ENLISTMENT POLICY FOR HOMESCHOOLERS.

    (Homeschoolers; Reevaluation of Department of Defense Enlistment Policy)

    EDM/IGA

         

    71

    REQUESTING THE UNITED STATES CONGRESS TO SUPPORT A REPEAL OF THE FEDERAL EXCISE TAX ON TELECOMMUNICATIONS.

    (Federal Excise Tax on Telecommunications; Requesting a Repeal)

    MAT, WAM

         

    72

    REQUESTING THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF HAWAII PROTECT WORKERS FROM UNION VIOLENCE.

    (REQUESTING THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF HAWAII PROTECT WORKERS FROM UNION VIOLENCE.)

    LBR/IGA

         

    73

    REQUESTING THAT HAWAII'S CONGRESSIONAL DELEGATION WORK TO ABOLISH THE DEATH TAX PERMANENTLY.

    (Urging the congressional delegation of the State of Hawaii to work to abolish the death tax permanently.)

    IGA, WAM

         

    74

    REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO WORK TO PASS SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.

    (Urging the congressional delegation of the State of Hawaii work to pass social security personal retirement accounts.)

    LBR/IGA, WAM

         

    75

    REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO WORK TO END THE ABUSE OF TORT LAW AGAINST THE FIREARMS INDUSTRY.

    (Urging the congressional delegation of the State of Hawaii to end the abuse of tort law against the firearms industry.)

    JHW/IGA

         

    76

    EXPRESSING OPPOSITION TO THE PRIVATIZATION OF SOCIAL SECURITY AND URGING HAWAII'S CONGRESSIONAL DELEGATION TO REJECT PROPOSED CHANGES TO THE SOCIAL SECURITY SYSTEM.

    (Social Security Changes; Opposition)

    LBR/IGA, WAM

         

    77

    REQUESTING A STUDY ON THE FEASIBILITY OF INSTALLING A WIRELESS FIDELITY INTERNET NETWORK SYSTEM IN THE STATE CAPITOL.

    (Internet Network System; State Capitol)

    MAT/TGO, WAM

         

    78

    REQUESTING THE COLLABORATIVE DEVELOPMENT OF STANDARDS FOR ELECTRONIC HEALTH AND MEDICAL RECORDS MANAGEMENT.

    (Health Industry Electronic Information Management Consortium)

    HTH/MAT

         

    79

    REQUESTING THE CONVENING OF A TASK FORCE TO FACILITATE THE ESTABLISHMENT OF VIABLE NATURALLY OCCURRING RETIREMENT COMMUNITIES.

    (Naturally Occurring Retirement Communities)

    HMS/HTH

         

    S.R. NO.

    TITLE

    REFERRAL

         

    30

    URGING THE DEPARTMENT OF EDUCATION AND BOARD OF EDUCATION TO ADOPT POLICIES AND PROGRAMS THAT PROMOTE SCHOOL CONNECTEDNESS AND ADDRESS BEHAVIORAL CHANGES.

    (Substance abuse prevention programs)

    EDM

         

    31

    URGING THE DEPARTMENT OF EDUCATION TO WORK WITH AND THROUGH THE STATE OFFICE OF ELECTIONS AND THE COUNTY CLERKS OFFICES TO INCREASE THE PARTICIPATION OF HIGH SCHOOL STUDENTS IN VOTER REGISTRATION, VOTER EDUCATION AND VOTING AMONG EIGHTEEN YEAR OLD STUDENTS.

    (DOE; Voter Registration and Education; Voting among Eighteen Year Old Students.)

    EDM, JHW

         

    32

    URGING THE DEPARTMENT OF EDUCATION TO REVIEW ITS CONTENT AND PERFORMANCE STANDARDS TO INCORPORATE A GLOBAL DIMENSION IN TEACHING, REFLECTING THE NEW MIX OF RELIGIONS, CULTURES, LANGUAGES, AND GEOPOLITICS OF THE TWENTY-FIRST CENTURY.

    (Education; Global Awareness; Standards)

    EDM, JHW

         

    33

    REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO REEVALUATE THE DEPARTMENT OF DEFENSE ENLISTMENT POLICY FOR HOMESCHOOLERS.

    (Homeschoolers; Reevaluation of Department of Defense Enlistment Policy)

    EDM/IGA

         

    34

    REQUESTING THE UNITED STATES CONGRESS TO SUPPORT A REPEAL OF THE FEDERAL EXCISE TAX ON TELECOMMUNICATIONS.

    (Federal Excise Tax on Telecommunications; Requesting a Repeal)

    MAT, WAM

         

    35

    REQUESTING THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF HAWAII PROTECT WORKERS FROM UNION VIOLENCE.

    (Hobbs Act; Requesting a Reauthorization)

    LBR/IGA

         

    36

    REQUESTING THAT HAWAII'S CONGRESSIONAL DELEGATION WORK TO ABOLISH THE DEATH TAX PERMANENTLY.

    (Urging the congressional delegation of the State of Hawaii to work to abolish the death tax permanently.)

    IGA, WAM

         

    37

    REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO WORK TO PASS SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.

    (Urging the congressional delegation of the State of Hawaii work to pass social security personal retirement accounts.)

    LBR/IGA, WAM

         

    38

    REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO WORK TO END THE ABUSE OF TORT LAW AGAINST THE FIREARMS INDUSTRY.

    (Urging the congressional delegation of the State of Hawaii to end the abuse of tort law against the firearms industry.)

    JHW/IGA

         

    39

    ESTABLISHING HAWAII'S BILL OF RIGHTS DAY ON DECEMBER 15 ANNUALLY.

    (Urging the establishment of a Bill of Rights Day in the State of Hawaii.)

    TGO/IGA, JHW

         

    40

    REQUESTING A STUDY ON THE FEASIBILITY OF INSTALLING A WIRELESS FIDELITY INTERNET NETWORK SYSTEM IN THE STATE CAPITOL.

    (Internet Network System; State Capitol)

    MAT/TGO, WAM

         

    41

    REQUESTING THE COLLABORATIVE DEVELOPMENT OF STANDARDS FOR ELECTRONIC HEALTH AND MEDICAL RECORDS MANAGEMENT.

    (Health Industry Electronic Information Management Consortium)

    HTH/MAT

         

    42

    REQUESTING THE CONVENING OF A TASK FORCE TO FACILITATE THE ESTABLISHMENT OF VIABLE NATURALLY OCCURRING RETIREMENT COMMUNITIES.

    (Naturally Occurring Retirement Communities)

    HMS/HTH

         
         

    RE-REFERRALS FOR TUESDAY, MARCH 15, 2005

         

    H.B. NO.

    TITLE

    RE-REFERRAL

         

    8, H.D. 1

    RELATING TO MILITARY SERVICE.

    (Hawaii Medal of Honor) (EDM/TGO)

    EDM

         

    30, H.D. 1

    RELATING TO PRESCRIPTION DRUGS.

    (State Prescription Drug Programs; Federal Supply Schedule) (HMS/CPH, WAM)

    HTH/HMS/CPH, WAM

         

    155, H.D. 1

    RELATING TO TIME SHARING.

    (Time Sharing Omnibus) (TSM/CPH)

    CPH

         

    164, H.D. 1

    RELATING TO UNAUTHORIZED MOTION PICTURE RECORDING.

    (Unauthorized Motion Picture Recording) (MAT, JHW)

    MAT/CPH, JHW

         

    390, H.D. 1

    RELATING TO RENTAL MOTOR VEHICLE SURCHARGE TAX.

    (Rental Motor Vehicle Surcharge Tax) (TGO, WAM)

    CPH, WAM

         

    416, H.D. 2

    RELATING TO THE WAIANAE COAST.

    (Waianae Coast Commercial Boat Permits; Moratorium) (EIA, WAM)

    BED, WLA

         

    491

    RELATING TO MAKENA STATE BEACH PARK.

    (Makena State Beach Park; Lifeguards) (WLA, WAM)

    WLA/BED, WAM

         

    852, H.D. 2

    RELATING TO PERMIT APPROVALS.

    (Automatic Permit Approval) (WLA/BED, CPH)

    WLA/BED, JHW

         

    1528, H.D. 2

    RELATING TO PUBLIC EMPLOYEES.

    (Public Employees) (LBR, WAM)

    LBR/TGO, WAM

         
         

    1542, H.D. 1

    RELATING TO CONTRACTORS.

    (Contractors; Complaints and Investigations) (CPH)

    CPH, WAM

         

    1773, H.D. 1

    RELATING TO WORKERS' COMPENSATION LAW.

    (Workers' Compensation Law) (WAM)

    LBR, WAM

         
         
  14. Miscellaneous Communications: None
  15. Miscellaneous Business
  16. Announcements
  17. Committee Hearing Schedule:

    COMMITTEE

    DATE & TIME

    ROOM

    CPH

    3/15/2005 9:00 AM

    016

    JHW

    3/15/2005 9:00 AM

    229

    EIA

    3/15/2005 1:15 PM

    224

    MAT/BED

    3/15/2005 1:15 PM

    225

    MAT/WLA/TGO/IGA/CPH

    3/15/2005 1:15 PM

    225

    HMS

    3/15/205 2:45 PM

    016

    CPH

    3/16/2005 9:00 AM

    016

    EDM

    3/16/2005 1:15 PM

    225

    EDM/LBR

    3/16/2005 1:15 PM

    225

    TGO

    3/16/2005 1:15 PM

    224

    TGO/WLA

    3/16/2005 1:15 PM

    224

    BED

    3/16/2005 2:45 PM

    414

    HTH

    3/16/2005 2:45 PM

    016

    HTH/IGA

    3/16/2005 2:45 PM

    016

    HTH/TGO

    3/16/2005 2:45 PM

    016

    LBR

    3/16/2005 2:45 PM

    229

    WLA

    3/16/2005 2:45 PM

    212

    CPH

    3/17/2005 9:00 AM

    016

    JHW/HTH

    3/17/2005 9:00 AM

    229

    EIA/WLA

    3/17/2005 1:15 PM

    224

    HRE/HTH/EDM

    3/17/2005 1:15 PM

    212

    TSM/BED

    3/17/2005 1:15 PM

    229

    HMS/HTH

    3/17/2005 2:45 PM

    016

    IGA/EDM/WLA

    3/17/2005 2:45 PM

    225

    CPH/TGO/BED

    3/18/2005 9:00 AM

    016

    HTH/CPH

    3/18/2005 9:00 AM

    016

    WAM

    3/18/2005 10:00 AM

    211

    EDM/TGO

    3/18/2005 1:00 PM

    225

    EDM

    3/18/2005 1:15 PM

    225

    EDM/HTH

    3/18/2005 1:15 PM

    225

    TGO

    3/18/2005 1:15 PM

    224

    LBR

    3/18/2005 2:45 PM

    229

    EDM

    3/21/2005 1:15 PM

    225

    TGO/IGA

    3/21/2005 1:15 PM

    224

    WLA

    3/21/2005 1:30 PM

    212

    IGA/JHW

    3/22/2005 2:45 PM

    225

    JHW

    3/28/2005 9:00 AM

    229

    JHW

    3/28/2005 10:00 AM

    229

  18. Adjournment