THE SENATE

OF THE

TWENTY-SECOND LEGISLATURE

STATE OF HAWAII

REGULAR SESSION OF 2003

 

TENTH DAY

January 30, 2003-Thursday-11:30 O'CLOCK A.M.

 

 

ORDER OF BUSINESS

Invocation by Reverend Jim Tweedie

Mililani Presbyterian Church and Preschool

Roll Call

Approval of the Journal

Introductions

  1. Messages from the Governor: No(s). 104-127
  2. G.M. NO.

    TITLE

    REFERRAL

         

    104

    Dated December 16, 2002, transmitting the Multi-Year Program and Financial Plan and Executive Budget for the Period 2003-2009, pursuant to Sections 37-69 and 37-71.

    FILE

         

    105

    Dated December 16, 2002, transmitting the Variance Report for Fiscal Years 2002 and 2003, pursuant to Section 37-75, HRS.

    FILE

         

    106

    Dated December 20, 2002, transmitting the Department of Accounting and General Services' Annual Report.

    FILE

         

    107

    Dated December 23, 2002, transmitting a Report on the Hawaii Research Center for Future Studies, prepared by the University of Hawaii pursuant to Section 222-3, HRS.

    FILE

         

    108

    Dated December 27, 2002, transmitting the Reporting Requirements of Act 259, SLH 2001, General Appropriations Act of 2001, As Amended by Act 3, 3rd Sp SLH 2001, and Act 177, SLH 2002, Supplemental Appropriations Act of 2002.

    FILE

         

    109

    Dated December 30, 2002, transmitting the Hawaii Real Estate Commission 2002 Progress Report on the Recodification of Chapter 514A, HRS, prepared by the Department of Commerce and Consumer Affairs, Professional and Vocational Licensing Division, Hawaii Real Estate Commission, pursuant to Act 213, Section 4, SLH 2000.

    FILE

         

    110

    Dated December 31, 2002, transmitting a report prepared by the Department of Public Safety in response to Act 259, Section 64, SLH 2001.

    FILE

         

    111

    Dated December 31, 2002, transmitting a Report prepared by the Department of Public Safety in response to H.C.R. No. 62 (2002).

    FILE

         

    112

    Dated December 31, 2002, transmitting the Annual Report on the Status of the Federal Reimbursement Maximization Special Fund for Fiscal Year 2002, prepared by the Department of Public Safety pursuant to Section 353C-7, HRS.

    FILE

         

    113

    Dated December 31, 2002, transmitting the Expenditure Report for Out-of-State Inmates, FY 2001-2002, prepared by the Department of Public Safety pursuant to Act 177, Section 4, Subsection 26, SLH 2002.

    FILE

         

    114

    Dated December 31, 2002, transmitting the Expenditure Report for Out-of-State Inmates, FY 2001-2002, prepared by the Department of Public Safety pursuant to Act 177, Section 4, Subsection 25, SLH 2002.

    FILE

         

    115

    Dated December 31, 2002, transmitting the Spouse and Child Abuse Special Account Annual Report for Fiscal Year Ending June 30 2002, prepared by the Department of Human Services, Social Services Division, pursuant to Act 232, Section 2, SLH 1994.

    FILE

         

    116

    Dated December 31, 2002, transmitting the Department of Human Services' Annual Report for Fiscal Year Ending June 30, 2002.

    FILE

         

    117

    Dated December 31, 2002, transmitting a report prepared by the Department of Human Services, Social Services Division, pursuant to Act 177, Sections 37 and 38, SLH 2002.

    FILE

         

    118

    Dated January 2, 2003, transmitting the Pesticide Use Revolving Fund Annual Report for Fiscal Year Ending June 30, 2002, prepared by the Department of Agriculture pursuant to Act 154, SLH 2000 .

    FILE

         

    119

    Dated January 2, 2003, transmitting the Supplement to the Multi-Year Program and Financial Plan and Executive Budget (PFP), prepared by the Department of Budget and Finance, Budget, Program Planning and Management Division.

    FILE

         

    120

    Dated January 3, 2003, transmitting a report prepared by the Department of Education pursuant to S.C.R. No. 131 and S.R. 113 (2002), requesting expedited budgeting, financing, and construction of new school facilities.

    FILE

         

    121

    Dated January 3, 2003, transmitting a Report on the Mandatory Expulsion Policy for Possession of a Firearm, prepared by the Department of Education, pursuant to Section 302A-1134, HRS.

    FILE

         

    122

    Dated January 3, 2003, transmitting the Educational Assessment and Accountability Annual Reports, prepared by the Department of Education pursuant to Section 302A-1004, HRS.

    FILE

         

    123

    Dated January 3, 2003, transmitting the Report to Promote Healthy Eating, prepared by the Department of Health, the Department of Agriculture and the Department of Education pursuant to H.C.R. No. 151 (2001).

    FILE

         

    124

    Dated January 3, 2003, transmitting a report, Kindergarten -- Change in Entry Age, prepared by the Department of Education, Office of the Superintendent, pursuant to S.C.R. No. 107 (2002).

    FILE

         

    125

    Dated January 3, 2003, transmitting the Annual Report on Federal and Trust Funds, prepared by the Department of Education pursuant to Section 29-25, HRS.

    FILE

         

    126

    Dated January 3, 2003, transmitting the Report on the Classification/Compensation Appeals Board, prepared by the Department of Education pursuant to Section 302A-620, HRS.

    FILE

         

    127

    Dated January 3, 2003, transmitting the Annual Report on School Priority Fund, prepared by the Department of Education pursuant to Section 302A-1309, HRS.

    FILE

         
         
  3. Departmental Communications: None
  4. House Communications: None
  5. Senate Communications: None
  6. Judiciary Communications: None
  7. Introduction of Measures
  8.  

    ORDER OF THE DAY

  9. Re-Referrals
  10. RE-REFERRALS FOR THURSDAY, JANUARY 30, 2003

         

    S.B. NO.

    TITLE

    RE-REFERRAL

         

    2

    RELATING TO PROCUREMENT.

    (Procurement; Local Agricultural Products) (TMG/WLA)

    TMG/WLA, WAM

         

    74

    PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII IN ORDER TO CHANGE THE GOVERNANCE, INTERNAL STRUCTURE, MANAGEMENT AND OPERATION OF PUBLIC SCHOOLS IN HAWAII.

    (Constitutional Amendment; Educational Governance) (EDU, JHW)

    EDU/JHW, WAM

         

    349

    RELATING TO EDUCATION.

    (Department of Education; Quality Schools and Teachers) (EDU/SAT)

    EDU/SAT, WAM

         

    362

    RELATING TO TAXATION.

    (Residential Construction and Remodeling Tax Credit; Extended) (WAM)

    ECD, WAM

         

    474

    RELATING TO THE AUDITOR.

    (Auditor's Confidentiality of Records) (JHW/EDU)

    JHW/EDU, WAM

         

    556

    RELATING TO WATERSHEDS.

    (Watershed Protection) (TMG/WLA)

    TMG/WLA, WAM

         

    684

    RELATING TO PARKING FOR PERSONS WITH DISABILITIES.

    (Parking for Persons with Disabilities) (TMG/HMS, WAM)

    TMG/HTH, WAM

         

    744

    RELATING TO PUBLIC EMPLOYEE PENSION FINANCING.

    (Pension Obligation Bonds; Authority to Issue; Established) (TMG, WAM)

    LBR/TMG, WAM

         

    748

    RELATING TO NURSING EDUCATION.

    (Nursing Education Loan Program; Established) (EDU, WAM)

    HTH/EDU, WAM

         

    749

    RELATING TO NURSING SCHOLARSHIPS.

    (Nursing Scholarships; University of Hawaii) (EDU, WAM)

    HTH/EDU, WAM

         

    868

    RELATING TO RESIDENTIAL CONSTRUCTION AND RENOVATION TAX CREDIT.

    (Residential Construction and Remodeling Tax Credit) (WAM)

    ECD, WAM

         

    903

    RELATING TO REAL PROPERTY LEASE CONTRACTS.

    (Real Property Leases; Renegotiation) (CPH/TMG, WAM)

    CPH

         

    952

    RELATING TO HEALTH INSURANCE REIMBURSEMENTS.

    (Hearing Aids; Health Insurance Coverage) (CPH)

    CPH, WAM

         

    953

    RELATING TO RESPITE CARE SERVICES.

    (Respite Care Services; Appropriation) (HMS, WAM)

    HTH/HMS, WAM

         

    975

    RELATING TO GOVERNMENT.

    (State and Counties Limited Immunity; Hazardous Recreational Activities) (TMG, JHW)

    TMG/ECD, JHW

         

    1022

    RELATING TO ADULT RESIDENTIAL CARE HOMES.

    (Adult Residential Care Homes) (HMS)

    HTH, WAM

         

    1061

    RELATING TO ADULT RESIDENTIAL CARE HOMES.

    (ARCH; Licensing and Staff Requirements; Unannounced Inspections) (HMS/HTH, CPH)

    HMS/HTH

         

    1062

    RELATING TO IMPROVING END-OF-LIFE CARE.

    (End of Life Care) (HMS, WAM)

    HTH, WAM

         

    1076

    RELATING TO NATURAL AREA RESERVES SYSTEM.

    (Natural Area Reserves System; Game Animal Control; Public Hunting) (ENE/WLA)

    WLA, WAM

         

    1088

    RELATING TO LONG-TERM CARE.

    (Long-Term Care Income Tax) (HMS, WAM)

    HTH/HMS, WAM

         

    1133

    RELATING TO RULES OF COURT.

    (Judiciary Computer System Special Fund) (JHW, WAM)

    JHW/SAT, WAM

         

    1159

    RELATED TO COLLECTIVE BARGAINING IN PUBLIC EMPLOYMENT.

    (Collective Bargaining; Public Employment) (LBR)

    LBR, WAM

         

    1188

    RELATING TO ENERGY RESOURCES.

    (Gas Cap Repeal) (CPH/TMG, WAM)

    CPH/TMG/ENE, WAM

         

    1193

    RELATING TO ENERGY.

    (Energy; "wheeling") (CPH)

    ENE, CPH

         

    1218

    RELATING TO HAWAII HEALTH SYSTEMS CORPORATION.

    (Hawaii Health Systems Corporation; Electronic Medical Record System) (SAT/HTH, WAM)

    HTH/SAT, WAM

         

    1238

    RELATING TO MENTAL HEALTH.

    (Advance Mental Health-Care Directives) (HMS, JHW)

    HTH, WAM

         

    1242

    RELATING TO FAIR ACCESS FOR STATE GOVERNMENT.

    (Fair Access to State Government) (TMG, JHW)

    SAT/TMG, JHW

         

    1258

    RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION.

    (Agribusiness development corporatoin) (WLA)

    WLA, WAM

         

    1263

    RELATING TO ELECTRONIC PROCUREMENT.

    (Electronic Procurement) (TMG)

    SAT, TMG

         

    1280

    RELATING TO ENERGY RESOURCES.

    (Energy Resources) (CPH/TMG)

    ENE/TMG, CPH

         

    1282

    RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

    (Housing and Community Development Corporation of Hawaii) (CPH)

    CPH, WAM

         

    1283

    RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

    (Housing and Community Development Corporation of Hawaii ) (CPH)

    CPH, WAM

         

    1286

    RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII.

    (Housing and Community Development Corporation of Hawaii) (CPH)

    HMS, CPH

         

    1288

    RELATING TO GOVERNMENT OPERATIONS.

    (Government Operations) (WLA, TMG)

    WLA/TMG, WAM

         

    1291

    RELATING TO TAXATION.

    (Taxation) (ECD, WAM)

    TSM, WAM

         

    1292

    RELATING TO THE ENERGY CONSERVATION INCOME TAX CREDIT.

    (Energy conservation income tax credit) (ENE, WAM)

    ENE/CPH, WAM

         

    1315

    RELATING TO INSURANCE FRAUD.

    (Insurance Fraud) (CPH)

    CPH, WAM

         

    1335

    PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 2 AND 3 OF THE HAWAII CONSTITUTION TO CREATE ELECTED DISTRICT SCHOOL BOARDS.

    (Amendment to Article X, Sections 2 and 3 of the Hawaii Constitution to create elected district school boards.) (EDU, JHW)

    EDU/JHW, WAM

         

    1338

    RELATING TO COLLECTIVE BARGAINING.

    (Collective Bargaining) (LBR/EDU)

    LBR/EDU, WAM

         

    1340

    RELATING TO TEACHER STANDARDS.

    (Teacher Standards) (EDU)

    EDU, WAM

         

    1343

    RELATING TO THE DEPARTMENT OF EDUCATION.

    (Department of Education) (LBR/EDU)

    LBR/EDU, WAM

         

    1366

    RELATING TO MENTAL HEALTH.

    (Mental Health) (HTH, JHW)

    HTH/JHW, WAM

         

    1399

    RELATING TO A LONG-TERM CARE TAX CREDIT.

    (Long-term care tax credit) (HMS, WAM)

    HTH/HMS, WAM

         

    1402

    RELATING TO THE IN-BOND CONCESSION AT STATE AIRPORTS.

    (In-bond concession at state airports) (TMG)

    TMG, WAM

         

    1414

    RELATING TO NONCOMMERCIAL PIERS.

    (Noncommercial piers) (WLA)

    WLA, WAM

         

    1421

    RELATING TO EARNED INCOME DEDUCTION FOR PUBLIC HOUSING RENT CALCULATION.

    (Public Housing) (CPH)

    CPH, WAM

         

    1433

    MAKING AN APPROPRIATION FOR CAREER AND TECHNICAL EDUCATION PROGRAMS WITHIN THE DEPARTMENT OF EDUCATION.

    (Career and Technical Education Program; DOE Appropriation) (EDU, WAM)

    EDU/ECD, WAM

         

    1436

    RELATING TO REGULATION OF FARM PRODUCE.

    (Genetically Engineered Crops) (ENE)

    WLA/ENE

         

    1446

    RELATING TO TECHNOLOGY.

    (Cancer Detection Special Fund; Technology) (HMS/SAT, WAM)

    HTH/SAT, WAM

         

    1449

    RELATING TO PUBLIC MEETINGS.

    (Sunshine Law; Meetings by Videoconference; Notice Required) (JHW)

    SAT, JHW

         

    1451

    RELATING TO ELECTIONS.

    (Hawaii Clean Elections Act) (TMG, JHW)

    TMG/JHW, WAM

         

    1457

    RELATING TO PROCUREMENT.

    (Procurement Contracts; Prevention of Abuse by Procurement Officials) (TMG, JHW)

    TMG/JHW, WAM

         

    1470

    RELATING TO GAMBLING.

    (Gambling; Goods and Services; Preference for HI Businesses) (ECD/TMG, JHW)

    ECD/TMG/JHW, WAM

         

    1497

    RELATING TO MARINE RESERVES.

    (Hawaii Marine Reserve Network Act) (WLA, JHW)

    WLA/JHW, WAM

         

    1499

    RELATING TO THE UNIFORM INFORMATION PRACTICES ACT (MODIFIED).

    (UIPA; Duties; Appointment Panel) (JHW)

    JHW, WAM

         

    1501

    RELATING TO PUBLIC, EDUCATION, AND GOVERNMENT ACCESS ORGANIZATIONS.

    (Public, Education, and Government Access, Plan) (SAT/TMG)

    SAT/TMG, WAM

         

    1532

    RELATING TO SOLID WASTE.

    (Solid Waste Disposal Activities; Underground Injection Control Line) (ENE/TMG)

    WLA

         

    1537

    RELATING TO GASOLINE DEALERS.

    (Gasoline Dealers; Divorcement Law; Repeal) (CPH)

    ENE, CPH

         

    1548

    RELATING TO PUBLIC UTILITIES.

    (Public Utilities Commission; Electricity; Profits) (CPH)

    ENE, CPH

         

    1657

    RELATING TO THE ADMINISTRATION OF PARKING FOR PERSONS WITH DISABILITIES.

    (Disabled Parking Special Fund Established; Vehicle Registration Fee Increased; Appropriation) (TMG/HMS, WAM)

    TMG/HTH, WAM

         

    1664

    RELATED TO THE STATE HEALTH PLANNING AND DEVELOPMENT AGENCY.

    (SHPDA) (HTH/HMS)

    HTH

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