THE SENATE

OF THE

TWENTY-FIFTH LEGISLATURE

STATE OF HAWAI'I

REGULAR SESSION OF 2010

 

 

FIFTY-THIRD DAY

 

April 20, 2010-Tuesday-11:30 O'CLOCK A.M.

 

 

 

ORDER OF BUSINESS

 

Invocation by  Ms. Page Kraker

                        Office of Senator Shan S. Tsutsui

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: Nos. 489-495

MEASURE

TITLE

REFERRAL

 

 

 

G.M. No. 489

Informing the Senate that on April 19, 2010, the Governor signed the following bill into law: SB2117 SD1 (Act 031).

"RELATING TO EDUCATION."

FILE

 

 

 

G.M. No. 490

Informing the Senate that on April 19, 2010, the Governor signed the following bill into law: HB2028 SD1 (Act 032).

"RELATING TO GROUP LIFE INSURANCE."

FILE

 

 

 

G.M. No. 491

Informing the Senate that on April 19, 2010, the Governor signed the following bill into law: SB1178 SD2 HD2 (Act 033).

"RELATING TO HEALTH."

FILE

 

 

 


G.M. No. 492

Informing the Senate that on April 19, 2010, the Governor signed the following bill into law: SB2120 SD1 (Act 034).

"RELATING TO THE CERTIFICATION OF PRINCIPALS AND VICE-PRINCIPALS."

FILE

 

 

 

G.M. No. 493

Informing the Senate that on April 19, 2010, the Governor signed the following bill into law: SB2837 SD1 HD1 (Act 035).

"RELATING TO LICENSING."

FILE

 

 

 

G.M. No. 494

Informing the Senate that on April 19, 2010, the Governor signed the following bill into law: SB2910 HD1 (Act 036).

"RELATING TO REAL PROPERTY."

FILE

 

 

 

G.M. No. 495

Informing the Senate that on April 19, 2010, the Governor signed the following bill into law: SB2440 HD2 (Act 037).

"RELATING TO THE BOARDS OF WATER SUPPLY."

FILE

 

 

 

 

 

 

 

  1. Departmental Communications: None
  2. House Communication Nos. 583-597

 

Informing the Senate that on April 19, 2010, the following bill passed Final Reading in the House:

REFERRAL

 

 

 

583

H.B. No. 1900, S.D. 1, C.D. 1

"RELATING TO MILITARY PERSONNEL."(Prisoner of War and Missing in Action Casualty Status)

FILE

 

 

 

 

Informing the Senate that on April 19, 2010, the House agreed to the amendments proposed by the Senate and that said resolution has been adopted in final form in the House:

 

 

 

 

584

H.C.R. No. 64, S.D. 1

"RECOGNIZING MARCH AS "ADULT RESIDENTIAL CARE HOME AND ADULT FOSTER HOME OPERATORS MONTH.""(Adult Residential Care Home and Adult Foster Home Operators Month)

FILE

 

 

 

 

Informing the Senate that on April 19, 2010, the House agreed to the amendments proposed by the Senate and that said bill passed Final Reading in the House:

 

 

 

 

585

H.B. No. 2016, S.D. 1

"RELATING TO COUNTIES."(Counties; Chief of Police)

FILE

 

 

 

 

Informing the Senate that on April 19, 2010, the House reconsidered its action in disagreeing to the amendments proposed by the Senate to the following House Bill:

 

 

 

 

586

H.B. No. 2897, H.D. 1, S.D. 1

"RELATING TO CONTRACTORS."(Contractor License; Revocation or Suspension; Illegal Worker)

FILE

 

 

 

 

Returning the following Senate Concurrent Resolutions which were adopted by the House on April 19, 2010:

 

 

 

 

587

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

"REQUESTING A MANAGEMENT AND FINANCIAL AUDIT OF DEPARTMENT OF TAXATION CONTRACTS."(Auditor; Department of Taxation; CGI Contracts)

FILE

 

 

 

588

S.C.R. No. 79, S.D. 1

"URGING THE PROVISION OF ORIENTATION AND ADDITIONAL TRAINING TO INCREASE THE ABILITY OF STATE AGENCY CASE WORKERS TO ADDRESS THE ISSUES FACED BY GRANDPARENTS RAISING GRANDCHILDREN."(DHS Workers Training re Grandparents Raising Grandchildren (SD1))

FILE

 

 

 

589

S.C.R. No. 99

"REQUESTING THE ESTABLISHMENT OF A WORKING GROUP TO ANALYZE THE POTENTIAL DEVELOPMENT OF GEOTHERMAL ENERGY AS THE PRIMARY ENERGY SOURCE TO MEET THE BASELOAD DEMAND FOR ELECTRICITY ON THE BIG ISLAND."(Geothermal Energy; Working Group)

FILE

 

 

 

590

S.C.R. No. 126

"URGING THE UNITED NATIONS TO GRANT TAIWAN MEANINGFUL PARTICIPATION IN THE INTERNATIONAL CIVIL AVIATION ORGANIZATION."(Taiwan; International Civil Aviation Organization Participation)

FILE

 

 

 

591

S.C.R. No. 167, S.D. 2

"REQUESTING THE HAWAII STATE CENTER FOR NURSING TO EVALUATE THE NEED FOR AND RESOURCES REQUIRED TO ESTABLISH A CONTINUING EDUCATION PROGRAM FOR NURSES."(Hawaii State Center for Nursing; Establishing a Joint Task Force)

FILE

 

 

 

592

S.C.R. No. 179, S.D. 2

"REQUESTING THE DEVELOPMENT OF PROPOSED LEGISLATION MANDATING THE SIZE AND EXTENT OF A MANAGED CARE PLAN'S SPECIALTY NETWORK."(Managed Care; California)

FILE

 

 

 

593

S.C.R. No. 194

"REQUESTING THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO AUTHORIZE THE JOINT LEGISLATIVE COMMITTEE ON AGING IN PLACE TO CONTINUE TO MEET AND CARRY OUT THE WORK OF THE COMMITTEE."(Joint Legislative Committee on Aging in Place)

FILE

 

 

 

 

Returning the following Senate Concurrent Resolutions which were adopted by the House on April 19, 2010, in an amended form:

 

 

 

 

594

S.C.R. No. 18, S.D. 1, H.D. 1

"ESTABLISHING A JOINT LEGISLATIVE INVESTIGATING COMMITTEE TO OVERSEE THE INVESTIGATION OF THE DEPARTMENT OF BUDGET AND FINANCE'S HANDLING OF THE STATE'S INVESTMENT IN STUDENT LOAN AUCTION RATE SECURITIES."(Joint Legislative Investigating Committee; State Investments in Student Loan Auction Rate Securities)

AGREE/DISAGREE

 

 

 

595

S.C.R. No. 110, S.D. 2, H.D. 1

"REQUESTING THE ESTABLISHMENT OF A WORKING GROUP TO DEVELOP A COMPREHENSIVE PLAN TO IMPROVE AWARENESS OF AND STRENGTHEN SUPPORT FOR PERSONS WITH DYSLEXIA."(Students with Dyslexia; Working Group; DOE; UH)

AGREE/DISAGREE

 

 

 

596

S.C.R. No. 183, S.D. 1, H.D. 1

"CONVENING A LEGISLATIVE NOISE POLLUTION TASK FORCE TO REVIEW BEST PRACTICES FROM OTHER STATES IN REDUCING URBAN NOISE POLLUTION."(Noise Pollution; Legislative Task Force)

AGREE/DISAGREE

 

 

 

 

Informing the Senate that on April 19, 2010, the House appointed Conferees to the following bill:

 

 

 

 

597

S.B. No. 2849, S.D. 2, H.D. 1

"RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND."(Hawaii Employer-Union Health Benefits Trust Fund; Trustee)

 

M. Oshiro/Rhoads, Co-Chrs; Yamashita

FILE

 

 

 

 

 

 

 

  1. Senate Communications: None
  2. Judiciary Communications: None
  3. Conference Committee Report Nos. 9-11 and 58

 

9-10

(48 Hrs. Notice)

H.B. No. 2077, H.D. 1, S.D. 1, C.D. 1

"RELATING TO EDUCATION."

(Recommends passage on FINAL READING as amended C.D. 1)

 

 

 

 

10-10

(48 Hrs. Notice)

H.B. No. 2631, H.D. 2, S.D. 2, C.D. 1

"RELATING TO ENERGY INDUSTRY REPORTING."

(Recommends passage on FINAL READING as amended C.D. 1)

 

 

 

 

11-10

(48 Hrs. Notice)

H.B. No. 2533, H.D. 1, S.D. 2, C.D. 1

"RELATING TO THE EMPLOYMENT OF EMPLOYEES' RETIREMENT SYSTEM RETIRANTS."

(Recommends passage on FINAL READING as amended C.D. 1)

 

 

 

 

58-10

(48 Hrs. Notice)

S.B. No. 2566, H.D. 2, C.D. 1

"RELATING TO MEDICAL AND REHABILITATION BENEFITS."

(Recommends passage on FINAL READING as amended C.D. 1)

 

 

 

 

 

 

 

  1. Standing Committee Report Nos. 3206-3213

 

3206

(One Day Notice)

(WTL)

G.M. No. 340

"Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee, RONALD I. HELLER, for a term to expire 6-30-2014."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3207

(One Day Notice)

(WTL)

G.M. No. 341

"Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee, RANSOM A.K. PILTZ, for a term to expire 6-30-2014."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3208

(One Day Notice)

(WTL)

G.M. No. 338

"Submitting for consideration and confirmation to the Land Use Commission, Gubernatorial Nominee, DUANE KANUHA, for a term to expire 6-30-2013."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3209

(One Day Notice)

(HMS)

G.M. No. 414

"Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, DONALD THOMSON, for a term to expire 6-30-2013."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3209

(One Day Notice)

(HMS)

G.M. No. 447

"Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, JUDITH CORYELL, for a term to expire 6-30-2013."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3209

(One Day Notice)

(HMS)

G.M. No. 448

"Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, REGINA GOO, for a term to expire 6-30-2013."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3209

(One Day Notice)

(HMS)

G.M. No. 449

"Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, GWEN L. KELIIHOOMALU, for a term to expire 6-30-2013."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3209

(One Day Notice)

(HMS)

G.M. No. 450

"Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, PINA S. LEMUSU, for a term to expire 6-30-2013."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3209

(One Day Notice)

(HMS)

G.M. No. 451

"Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, HOWARD ALAN LESSER, for a term to expire 6-30-2013."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3209

(One Day Notice)

(HMS)

G.M. No. 452

"Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, ROBERT SCOTT WALL, for a term to expire 6-30-2013."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3210

(One Day Notice)

(LBR)

G.M. No. 422

"Submitting for consideration and confirmation to the Hawai'i Labor Relations Board, Gubernatorial Nominee, NORMAN KENICHI KATO II, for a term to expire 6-30-2011."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3211

(One Day Notice)

(LBR)

G.M. No. 453

"Submitting for consideration and confirmation to the Board of Trustees of the Employees' Retirement System (ERS), Gubernatorial Nominee, JERRY RAUCKHORST, for a term to expire 1-1-2014."

 

(Recommends Senate Consent to Nomination)

 

 

 

 

 

 

3212

(One Day Notice)

(WTL)

H.C.R. No. 44

"AUTHORIZING THE SALE OF STATE RECLAIMED LAND AT KAALAEA, KOOLAUPOKO, OAHU, FOR PRIVATE PROPERTY PURPOSES."

(Recommends Adoption)

 

 

 

 

 

 

3213

(One Day Notice)

(WTL)

S.R. No. 12, S.D. 1

"REQUESTING THE ESTABLISHMENT OF A STATEWIDE SERVICE PROJECT TO PLANT ONE MILLION TREES AND CLEAN BEACHES ACROSS THE STATE BY OCTOBER 2010, AS PART OF THE CHILDREN AND YOUTH MONTH CELEBRATION." (AMENDED TITLE)

(Recommends Adoption)

 

 

 

 

 

 

 

 

 

 

ORDER OF THE DAY

 

  1. Deferred Matters – Agree/Disagree

HSE. COM. NO.

 

REFERRAL

 

 

 

577

S.C.R. No. 93, S.D. 1, H.D. 1

"REQUESTING THE HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION TO REVIEW THE FEASIBILITY OF DEVELOPING SINGLE ROOM OCCUPANCY DWELLINGS IN TRANSIT ORIENTED DEVELOPMENT PROJECTS TO ALLEVIATE THE AFFORDABLE HOUSING SHORTAGE." (AMENDED TITLE) (HHFDC; Single Room Occupancy)

AGREE/DISAGREE

 

 

 

578

S.C.R. No. 202, S.D. 1, H.D. 1

"AUTHORIZING THE MUTUAL CANCELLATION OF LEASE OF NON-EXCLUSIVE EASEMENT S-5252 AND ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS SITUATED AT LAPAAKEA, LAHAINA, MAUI, IDENTIFIED BY TAX MAP KEY:  (2) 4-5-001:055:  SEAWARD OF TAX MAP KEY:  (2) 4‑5‑001:006."(BLNR; Non-Exclusive Easement; Napili Beach Club)

AGREE/DISAGREE

 

 

 

 

 

 

 

 

 

 

  1. Advise and Consent

3173

 

Testimony  Status

EDH

G.M. No. 408

"Submitting for consideration and confirmation to the Hawai'i Teacher Standards Board, Gubernatorial Nominee, ALVIN NAAWAO PARKER, for a term to expire 6-30-2013."

 

 

 

 

 

 

3173

 

Testimony  Status

EDH

G.M. No. 429

"Submitting for consideration and confirmation to the Hawai'i Teacher Standards Board, Gubernatorial Nominee, GAIL H. AWAKUNI, for a term to expire 6-30-2013."

 

 

 

 

 

 

3173

 

Testimony  Status

EDH

G.M. No. 430

"Submitting for consideration and confirmation to the Hawai'i Teacher Standards Board, Gubernatorial Nominee, LEONARDO FLORES DELGADO, for a term to expire 6-30-2012."

 

 

 

 

 

 

3173

 

Testimony  Status

EDH

G.M. No. 431

"Submitting for consideration and confirmation to the Hawai'i Teacher Standards Board, Gubernatorial Nominee, JONATHAN D. KISSIDA, for a term to expire 6-30-2013."

 

 

 

 

 

 

3173

 

Testimony  Status

EDH

G.M. No. 432

"Submitting for consideration and confirmation to the Hawai'i Teacher Standards Board, Gubernatorial Nominee, RUTH L. SILBERSTEIN, for a term to expire 6-30-2013."

 

 

 

 

 

 

3174

 

Testimony  Status

HTH

G.M. No. 383

"Submitting for consideration and confirmation to the Hawai'i Advisory Commission on Drug Abuse and Controlled Substances, Gubernatorial Nominee, KARL P. ESPALDON, for a term to expire 6-30-2014."

 

 

 

 

 

 

3175

 

Testimony  Status

HTH

G.M. No. 417

"Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Oahu Service Area Board, Gubernatorial Nominee, ELLEN ALISSA HEID, for a term to expire 6-30-2014."

 

 

 

 

 

 

3176

 

Testimony  Status

HTH

G.M. No. 348

"Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial Nominee, TIFFANY R. VARA, for a term to expire 6-30-2011."

 

 

 

 

 

 

3176

 

Testimony  Status

HTH

G.M. No. 349

"Submitting for consideration and confirmation to the State Council on Developmental Disabilities, Gubernatorial Nominee, BARBARA A. IOLI, for a term to expire 6-30-2014."

 

 

 

 

 

 

3177

 

Testimony  Status

HTH

G.M. No. 350

"Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Hawai'i Service Area Board, Gubernatorial Nominee, COLLEEN O'SULLIVAN, for a term to expire 6-30-2011."

 

 

 

 

 

 

3178

 

Testimony  Status

HTH

G.M. No. 437

"Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee, RONALD G. HAY, for a term to expire 6-30-2012."

 

 

 

 

 

 

3178

 

Testimony  Status

HTH

G.M. No. 438

"Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee, LEE A. MANSFIELD, for a term to expire 6-30-2014."

 

 

 

 

 

 

3178

 

Testimony  Status

HTH

G.M. No. 439

"Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee, AUDREY K. UYEMA PAK, for a term to expire 6-30-2011."

 

 

 

 

 

 

3178

 

Testimony  Status

HTH

G.M. No. 440

"Submitting for consideration and confirmation to the Board of Certification of Operating Personnel in Wastewater Treatment Plants, Gubernatorial Nominee, VIRGILIO A. VIERNES, for a term to expire 6-30-2013."

 

 

 

 

 

 

3179

 

Testimony  Status

HTH

G.M. No. 441

"Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Maui Service Area Board, Gubernatorial Nominee, ELOISE JOEY ENOS, for a term to expire 6-30-2014."

 

 

 

 

 

 

3179

 

Testimony  Status

HTH

G.M. No. 442

"Submitting for consideration and confirmation to the Mental Health and Substance Abuse, Maui Service Area Board, Gubernatorial Nominee, PETER GONZALEZ, for a term to expire 6-30-2011."

 

 

 

 

 

 

3180

 

Testimony  Status

LBR

G.M. No. 369

"Submitting for consideration and confirmation to the Hawai'i Workforce Development Council, Gubernatorial Nominee, ALENA N. MEDEIROS, for a term to expire 6-30-2010."

 

 

 

 

 

 

3180

 

Testimony  Status

LBR

G.M. No. 370

"Submitting for consideration and confirmation to the Hawai'i Workforce Development Council, Gubernatorial Nominee, ALENA N. MEDEIROS, for a term to expire 6-30-2014."

 

 

 

 

 

 

 

 

 

 

  1. Final Reading

S.B. No. 2323, H.D. 2

 

Testimony  Prior Versions  Status

"RELATING TO EMPLOYMENT SECURITY."

 

(Prohibiting Online Requirements by the Department of Labor and Industrial Relations)

 

 

 

 

 

 

 

 

  1. Miscellaneous Communications: None
  2. Miscellaneous Business
  3. Announcements

·         Committee Hearing Schedule:

COMMITTEE

DATE & TIME

ROOM

CONF

4/20/2010 1:00 PM

229

CONF

4/20/2010 1:00 PM

224

EDH

4/20/2010 1:20 PM

329

CONF

4/20/2010 1:30 PM

225

WTL/JGO

4/20/2010 1:30 PM

224

CONF

4/20/2010 2:00 PM

329

CONF

4/20/2010 2:00 PM

224

CONF

4/20/2010 2:15 PM

325

CONF

4/20/2010 2:30 PM

325

CONF

4/20/2010 2:30 PM

329

CONF

4/20/2010 2:30 PM

423

CONF

4/20/2010 3:00 PM

312

CONF

4/20/2010 3:30 PM

225

CONF

4/20/2010 3:30 PM

224

CONF

4/20/2010 3:30 PM

225

CONF

4/20/2010 5:00 PM

016

CONF

4/20/2010 6:00 PM

309

CONF

4/20/2010 7:00 PM

309

CONF

4/20/2010 7:30 PM

309

CONF

4/21/2010 9:00 AM

229

CONF

4/21/2010 9:15 AM

312

CONF

4/21/2010 9:20 AM

312

CONF

4/21/2010 10:00 AM

229

CONF

4/21/2010 1:30 PM

229

EDT

4/21/2010 1:30 PM

423

PSM/TIA

4/21/2010 1:30 PM

312

PSM

4/21/2010 1:40 PM

312

CONF

4/21/2010 2:00 PM

229

CONF

4/21/2010 2:00 PM

329

CONF

4/21/2010 2:00 PM

423

CONF

4/21/2010 2:00 PM

329

CONF

4/21/2010 2:30 PM

224

CONF

4/21/2010 2:30 PM

329

CONF

4/21/2010 4:00 PM

224

CONF

4/21/2010 4:05 PM

224

CONF

4/21/2010 4:10 PM

224

CONF

4/21/2010 4:30 PM

325

PSM/HMS

4/22/2010 9:00 AM

312

CONF

4/22/2010 10:00 AM

229

CONF

4/23/2010 9:00 AM

016

CONF

4/23/2010 9:30 AM

016

TIA

4/23/2010 10:30 AM

225

PSM

4/28/2010 8:30 AM

229

 

 

 

 

 

 

 

  1. Adjournment