THE SENATE

OF THE

TWENTY-SEVENTH LEGISLATURE

STATE OF HAWAI'I

REGULAR SESSION OF 2013

 

 

FIFTY-EIGHTH DAY

 

April 26, 2013-Friday-6:00 O'CLOCK P.M.

 

 

 

ORDER OF BUSINESS

 

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: Nos. 272 and 1150-1156

 

MEASURE

TITLE

REFERRAL

 

 

 

G.M. No. 272

Dated April 25, 2013, transmitting a proposed conference draft (C.D. 1) amending S.B. No. 909, S.D. 1, H.D. 1 to fund the agreement concerning Collective Bargaining Unit 13.

FILE

 

 

 

 

 

 

G.M. No. 1150

Informing the Legislature that on April 25, 2013, the Governor signed the following bill into law: HB530 (Act 050).

RELATING TO HOMELESSNESS.

FILE

 

 

 

G.M. No. 1151

Informing the Legislature that on April 25, 2013, the Governor signed the following bill into law: HB696 HD1 (Act 051).

RELATING TO THE OFFICE OF THE LIEUTENANT GOVERNOR.

FILE

 

 

 

 


G.M. No. 1152

Informing the Legislature that on April 25, 2013, the Governor signed the following bill into law: SB1185 SD1 (Act 052).

RELATING TO DENIAL OF GENERAL EXCISE TAX BENEFITS.

FILE

 

 

 

G.M. No. 1153

Informing the Legislature that on April 25, 2013, the Governor signed the following bill into law: SB194 SD1 HD1 (Act 053).

RELATING TO CRIMINAL PROCEDURE.

FILE

 

 

 

G.M. No. 1154

Informing the Legislature that on April 25, 2013, the Governor signed the following bill into law: SB442 SD1 HD1 (Act 054).

RELATING TO INTOXICATING LIQUOR.

FILE

 

 

 

G.M. No. 1155

Informing the Legislature that on April 25, 2013, the Governor signed the following bill into law: SB327 SD1 HD1 (Act 055).

RELATING TO AGRICULTURE.

FILE

 

 

 

G.M. No. 1156

Informing the Legislature that on April 25, 2013, the Governor signed the following bill into law: SB1079 HD1 (Act 056).

RELATING TO HEALTH INSURANCE.

FILE

 

 

 

 

 

 

 

 

  1. Departmental Communication Nos. 102-103

 

MEASURE

TITLE

REFERRAL

 

 

 

D.C. No. 102

From the County Clerk, County of Hawai'i, dated April 17, 2013, transmitting Resolution No. 84-13, which was adopted by the Hawai'i County Council on April 9, 2013.

FILE

 

 

 

 

 

 

D.C. No. 103

From the County Clerk, County of Hawai'i, dated April 25, 2013, transmitting Resolution No. 102-13, which was adopted by the Hawai'i County Council on April 17, 2013.

FILE

 

 

 

 

 

 

 

  1. House Communication Nos. 743-751

 

 

Returning the following Senate Concurrent Resolutions which were adopted by the House on April 25, 2013:

REFERRAL

 

 

 

743

S.C.R. No. 135

"URGING THE UNITED STATES CONGRESS TO GRANT FULL VOTING RIGHTS FOR RESIDENTS OF THE DISTRICT OF COLUMBIA."(United States Congress; Full Voting Rights for Residents of the District of Columbia)

FILE

 

 

 

744

S.C.R. No. 147, S.D. 2

"REQUESTING THE BOARD OF EDUCATION, AS PART OF ITS DEVELOPMENT OF A COMPREHENSIVE HAWAIIAN STUDIES PROGRAM, TO CREATE A COALITION TO ADDRESS THE ISSUE OF DEVELOPING ASSESSMENTS IN THE HAWAIIAN LANGUAGE FOR HAWAIIAN LANGUAGE IMMERSION STUDENTS TO MORE ACCURATELY MEASURE THEIR ACADEMIC ACHIEVEMENT."(Board of Education; Hawaiian Language Immersion Program)

FILE

 

 

 

745

S.C.R. No. 149, S.D. 1

"URGING HAWAII RESIDENTS AND BUSINESSES TO COMPLY WITH THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA AND NOT TO BUY OR SELL IVORY OF UNKNOWN ORIGIN THAT MAY HAVE BEEN ILLEGALLY SMUGGLED INTO THE STATE."(Dept. of Land and Natural Resources; Ban Sale of Ivory Products)

FILE

 

 

 

746

S.C.R. No. 166

"REQUESTING THE CONVENING OF A TASK FORCE TO STUDY THE SOCIAL, ECONOMIC, AND RELIGIOUS IMPACTS OF ENACTING MARRIAGE EQUALITY IN HAWAII."(Social, Economic, and Religious Impacts of Enacting Marriage Equality in Hawaii)

FILE

 

 

 

 

Informing the Senate that on April 25, 2013, the House reconsidered its action in disagreeing to the amendments proposed by the Senate to the following House Bills:

 

 

 

 

747

H.B. No. 791, H.D. 1, S.D. 1

"RELATING TO NONPROFIT CORPORATIONS."(Nonprofit Corporations; Inspection of Records by Directors)

FILE

 

 

 

 

H.B. No. 847, H.D. 2, S.D. 1

"RELATING TO ENFORCEMENT TOOLS TO IMPROVE PATIENT SAFETY."(Hawaii Medical Board; Summary Suspension of a License; Physical and Mental Examination Order)

 

 

 

 

 

Informing the Senate that on April 25, 2013, the House agreed to the amendments proposed by the Senate and that said resolutions have been adopted in final form in the House:

 

 

 

 

748

H.C.R. No. 47, S.D. 1

"REQUESTING THE EXTENSION OF THE GOVERNMENT CONTRACTING TASK FORCE TO DEVELOP RECOMMENDATIONS TO ADDRESS ISSUES THAT AFFECT PROCUREMENT FOR GOODS AND SERVICES PURCHASED THROUGH NONPROFIT ORGANIZATIONS, INCLUDING HUMAN SERVICE NONPROFIT ORGANIZATIONS THAT DELIVER PIVOTAL GOODS AND SERVICES TO INDIVIDUALS, FAMILIES, COMMUNITIES, AND OTHER SMALL BUSINESSES."(Prompt Payment Task Force; Government Contracting Task Force; Extend to 12/31/13)

FILE

 

 

 

 

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

"REQUESTING THE DIRECTOR OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM TO ESTABLISH A WORKING GROUP TO STUDY, CONSIDER, AND RECOMMEND WAYS TO REDUCE THE TRANSPORT TIME AND COST OF SHIPPING GOODS TO OAHU FROM MOLOKAI, LANAI, AND HANA, MAUI."(Working Group; Shipping; Maui to Oahu)

 

 

 

 

 

Informing the Senate that on April 25, 2013, the following bills passed Final Reading in the House:

 

 

 

 

749

S.B. No. 48, H.D. 1, C.D. 1

"RELATING TO THE DEPARTMENT OF EDUCATION."(Department of Education; Aerospace Advisory Committee; Marine and Coastal Management)

FILE

 

 

 

 

S.B. No. 84, H.D. 2, C.D. 1

"RELATING TO PUBLIC HOUSING."(Hawaii Public Housing Authority; Public Housing Project; Definition)

 

 

 

 

 

S.B. No. 328, S.D. 1, H.D. 2, C.D. 1

"RELATING TO ANIMALS."(Residential Landlord-tenant Code; Security Deposit; Animals; Pet Animals)

 

 

 

 

 

S.B. No. 502, S.D. 1, H.D. 1, C.D. 1

"RELATING TO REAL ESTATE SELLER DISCLOSURE."(Real Estate; Seller Disclosure; Required Documents)

 

 

 

 

 

S.B. No. 1066, H.D. 1, C.D. 1

"RELATING TO SECURITIES LAW."(Uniform Securities Act)

 

 

 

 

 

S.B. No. 1082, S.D. 1, H.D. 2, C.D. 1

"RELATING TO TRANSPORTATION OF SCHOOL CHILDREN."(Transportation of School Children; Contracting Provisions)

 

 

 

 

 

Informing the Senate that on April 25, 2013, the House agreed to the amendments proposed by the Senate and that said bills passed Final Reading in the House:

 

 

 

 

750

H.B. No. 654, H.D. 2, S.D. 1

"RELATING TO NURSING."(Nursing-Related Data; Nursing; Licensing)

FILE

 

 

 

 

H.B. No. 877, H.D. 1, S.D. 1

"RELATING TO THE DESIGNEES FOR THE DIRECTORS OF THE DEPARTMENTS OF COMMERCE AND CONSUMER AFFAIRS, OF HEALTH, OF HUMAN SERVICES, AND OF LABOR AND INDUSTRIAL RELATIONS FOR THE BOARD OF DIRECTORS OF THE HAWAII HEALTH INSURANCE EXCHANGE."(Hawaii Health Insurance Exchange; Hawaii Health Connector; Board of Directors; Designee's Voting Authority)

 

 

 

 

 

H.B. No. 980, H.D. 2, S.D. 2

"RELATING TO HIGHWAY SAFETY."(Highway Safety; Use of Mobile Electronic Devices)

 

 

 

 

 

Informing the Senate that on April 25, 2013, the House appointed Conferees to the following bill:

 

 

 

 

751

S.B. No. 1388, S.D. 2, H.D. 2

"RELATING TO THE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII."(Research Corporation of the University of Hawaii; Board of Directors; Procurement)

FILE

 

 

 

 

 

 

 

  1. Senate Communications: None
  2. Judiciary Communications: None
  3. Conference Committee Reports: Nos. 80-86 and 100

 

80

(48 Hrs. Notice)

S.B. No. 94, H.D. 2, C.D. 1

"RELATING TO THE HAWAII INTERAGENCY COUNCIL ON HOMELESSNESS."

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

 

 

 

 

81

(48 Hrs. Notice)

S.B. No. 102, S.D. 2, H.D. 1, C.D. 1

"RELATING TO THE ELDERLY."

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

 

 

 

 

82

(48 Hrs. Notice)

S.B. No. 345, S.D. 1, H.D. 1, C.D. 1

"RELATING TO PORTABLE ELECTRONICS INSURANCE."

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

 

 

 

 

83

(48 Hrs. Notice)

S.B. No. 997, S.D. 2, H.D. 2, C.D. 1

"RELATING TO PUBLIC ARCHIVES."

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

 

 

 

 

84

(48 Hrs. Notice)

S.B. No. 1003, S.D. 2, H.D. 1, C.D. 1

"RELATING TO INFORMATION TECHNOLOGY."

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

 

 

 

 

85

(48 Hrs. Notice)

S.B. No. 993, S.D. 2, H.D. 1, C.D. 1

"RELATING TO AGRICULTURAL LOANS."

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

 

 

 

 

86

(48 Hrs. Notice)

S.B. No. 1360, S.D. 1, H.D. 1, C.D. 1

"RELATING TO GENERAL EXCISE TAX."

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

 

 

 

 

100

(48 Hrs. Notice)

H.B. No. 762, H.D. 2, S.D. 1, C.D. 1

"RELATING TO WASHINGTON PLACE."

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

 

 

 

 

 

 

 

ORDER OF THE DAY

 

  1. Final Reading

 

Conf. Com. Rep. No. 10

 

Prior Versions/Status & Testimony

S.B. No. 960, S.D. 1, H.D. 1, C.D. 1

"RELATING TO FORECLOSURES."

 

(Foreclosures; Postponement or Cancellation of Public Sale; Zombie Title)

 

 

 

 

Conf. Com. Rep. No. 11

 

Prior Versions/Status & Testimony

S.B. No. 1196, S.D. 1, H.D. 1, C.D. 1

"RELATING TO CASH ECONOMY ENFORCEMENT."

 

(Cash Economy Enforcement)

 

 

 

 

Conf. Com. Rep. No. 12

 

Prior Versions/Status & Testimony

S.B. No. 1207, H.D. 2, C.D. 1

"RELATING TO TRANSPORTATION."

 

(Submerged Lands; Department of Transportation Exemption)

 

 

 

 

Conf. Com. Rep. No. 13

 

Prior Versions/Status & Testimony

S.B. No. 995, H.D. 1, C.D. 1

"RELATING TO IRRIGATION WATER DEVELOPMENT."

 

(Irrigation Water Development)

 

 

 

 

Conf. Com. Rep. No. 14

 

Prior Versions/Status & Testimony

H.B. No. 1207, H.D. 1, S.D. 1, C.D. 1

"RELATING TO HUMAN SERVICES."

 

(Department of Human Services Compliance; Affordable Care Act)

 

 

 

 

 

 

 

  1. Miscellaneous Communications: None
  2. Miscellaneous Business

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

 

S.B. No. 827, S.D. 1, H.D. 1

 

 

JDL

"RELATING TO ELECTION OFFENSES."

 

 

 

 

 

 

 

S.B. No. 856, H.D. 1

 

 

JDL, TEC

"RELATING TO HOLIDAYS."

 

 

 

 

 

 

 

 

  1. Announcements

 

 

 

  1. Adjournment