THE SENATE

OF THE

TWENTY-FIFTH LEGISLATURE

STATE OF HAWAI'I

REGULAR SESSION OF 2010

 

 

TWENTIETH DAY

 

February 18, 2010-Thursday-11:30 O'CLOCK A.M.

 

 

 

ORDER OF BUSINESS

 

Invocation by  Pastor Klayton Ko

                        First Assembly of God

Roll Call

Approval of the Journal

Introductions

RECOGNIZING PEARL HARBOR HISTORIC SITES PARTNERS AND COMMEMORATING THE 65TH ANNIVERSARY OF THE END OF WORLD WAR II AND THE ROLE OF THE USS MISSOURI IN THE SURRENDER CEREMONY.  (Senator Sakamoto)

 

 

  1. Messages from the Governor: Nos. 320-324

MEASURE

TITLE

REFERRAL

 

 

 

G.M. No. 320

Dated February 11, 2010, transmitting the Hawaii Housing Finance and Development Corporation's 2009 Annual Report.

FILE

 

 

 

G.M. No. 321

Dated February 12, 2010, transmitting a Report on the Expenditures for Chronic Disease Management and Control, prepared by the Department of Health pursuant to Act 162, Section 24, SLH 2009.

FILE


 

 

 

G.M. No. 322

Dated February 12, 2010, transmitting the Director of Finance's Report, prepared by the Department of Budget and Finance pursuant to Act 162, SLH 2009.

FILE

 

 

 

G.M. No. 323

Dated February 12, 2010, transmitting the Governor's Reports pursuant to Act 162, Sections 88, 90-95, 97, 99, 101, 102, 106-109, 112-114, 117, 119-121 and 131, SLH 2009.

FILE

 

 

 

G.M. No. 324

Dated February 12, 2010, transmitting the Governor's Reports Relating to the Budget pursuant to Act 67, Sections 14, 18 and 23, SLH 2009.

FILE

 

 

 

 

 

 

 

  1. Departmental Communications: None
  2. House Communication Nos. 30-32

 

Informing the Senate that on February 16, 2010, the House agreed to the amendments proposed by the Senate and that said bill passed Final Reading in the House:

REFERRAL

 

 

 

30

H.B. No. 2162, H.D. 1, S.D. 1

"MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE LEGISLATURE, THE AUDITOR, THE LEGISLATIVE REFERENCE BUREAU, AND THE OMBUDSMAN."(Legislative Appropriations)

FILE

 

 

 

 

Informing the Senate that on February 17, 2010, the following House Bills passed Third Reading in the House:

 

 

 

 

31

H.B. No. 2136

"RELATING TO DISTRIBUTIONS BY NONPROFIT CORPORATIONS."(Distributions by Nonprofit Corporations)

 

 

 

 

32

H.B. No. 2286

"RELATING TO CAPTIVE INSURANCE COMPANIES."(Captive Insurance Companies)

 

 

 

 

 

 

 

 

  1. Senate Communications: None
  2. Judiciary Communications: None
  3. Introduction of Measures: None
  4. Standing Committee Report No. 2337

 

2337

(WTL)

S.B. No. 1601, S.D. 1

"RELATING TO THE LAND USE COMMISSION."

(Recommends recommittal to WTL)

 

 

 

 

 

 

 

 

 

 

ORDER OF THE DAY

 

  1. Referrals and Re-Referrals

REFERRALS FOR THURSDAY, FEBRUARY 18, 2010

MEASURE

TITLE

REFERRAL

 

 

 

H.B. 134, H.D. 2

RELATING TO MOTOR VEHICLE DRIVER LICENSING.

(Motor Vehicle Driver Licensing)

TIA, JGO

 

 

 

H.B. 939, H.D. 1

RELATING TO COASTAL ZONE MANAGEMENT.

(Coastal Zone Management; Permits)

WTL/ENE, TIA

 

 

 

H.B. 1190, H.D. 1

RELATING TO TRAFFIC ACCIDENT INVESTIGATION.

(Highway Safety; Traffic Accident Investigation)

TIA, JGO

 

 

 

H.B. 1684, H.D. 2

RELATING TO INVASIVE SPECIES.

(Invasive Species; Penalties)

WTL, JGO

 

 

 

H.B. 1862, H.D. 1

RELATING TO PUBLIC ORDER.

(Public Order; Public Urination and Defecation)

JGO

 

 

 

H.B. 1863, H.D. 1

RELATING TO PROSTITUTION.

(Prostitution)

JGO

 

 

 

H.B. 1992, H.D. 1

RELATING TO THE INTERMEDIATE APPELLATE COURT.

(Intermediate Court of Appeals; Subpoenas; Oaths)

JGO

 

 

 

H.B. 2017

RELATING TO COUNTIES.

(Intoxicating Liquor; Liquor Administrator)

TIA

 

 

 

H.B. 2077, H.D. 1

RELATING TO EDUCATION.

(Department of Education; High School Student Age Limits)

EDH

 

 

 

H.B. 2197, H.D. 1

RELATING TO CONDOMINIUMS.

(Condominiums; Solar Energy; Wind Energy)

ENE, CPN

 

 

 

H.B. 2254, H.D. 1

RELATING TO COMPUTER SECURITY.

(Computer Crimes; Unauthorized Installation of Software)

JGO

 

 

 

H.B. 2351

RELATING TO VETERANS.

(Veterans' License Plates)

PSM/TIA

 

 

 

H.B. 2360

RELATING TO INTRASTATE TELECOMMUNICATIONS SERVICES.

(Intrastate Telecommunications Services )

CPN

 

 

 

H.B. 2397, H.D. 1

RELATING TO PRIMARY ELECTIONS.

(Primary Elections; Filing of Nomination Papers)

JGO

 

 

 

H.B. 2427, H.D. 1

RELATING TO SOLID WASTE MANAGEMENT.

(Solid Waste; Management Plans)

ENE/TIA

 

 

 

H.B. 2618, H.D. 1

RELATING TO RENEWABLE ENERGY.

(Renewable Energy; Subdivision Requirements Exemption)

ENE/TIA/WTL

 

 

 

H.B. 2721, H.D. 1

RELATING TO COURT REPORTERS.

(Judiciary; Shorthand Reporters)

JGO

 

 

 

S.C.R. 79

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.

(Providing Additional Training to DHS Workers in Relation to GRG)

HMS

 

 

 

S.C.R. 80

URGING THE PROVISION OF EDUCATION TO INCARCERATED PARENTS TO ENSURE CHILD SUPPORT ISSUES ARE ADDRESSED WITHOUT DELAY AND UPON RELEASE, TO PREPARE THEM FOR REINTEGRATION WITH THEIR CHILDREN AND FAMILIES, INCLUDING GRANDPARENTS WHO HAVE RAISED THEIR CHILDREN.

(Incarcerated Parents; Additional Information and Training by DPS)

HMS/PSM

 

 

 

S.C.R. 81

REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO EXAMINE AND EVALUATE THE FINANCIAL VIABILITY AND EFFECTIVENESS OF REQUIRING THE SUBSTITUTE CAREGIVER IN A COMMUNITY CARE FOSTER FAMILY HOME TO BE A CERTIFIED NURSE AIDE WHEN A THIRD CLIENT IS CARED FOR IN THE HOME.

(Community Care Foster Family Home; Second Caregiver; Nurse Aide)

HMS/HTH

 

 

 

S.C.R. 82

REQUESTING A TASK FORCE FOR THE DEVELOPMENT OF A SYSTEM TO ASSIST WITH MISSING OR LOST SENIOR CITIZENS.

(Missing Senior Citizens; System to Locate & Return; Task Force)

HMS/JGO, WAM

 

 

 

S.C.R. 83

URGING THE UNITED STATES CONGRESS TO OPPOSE PROPOSALS TO CREATE A FEDERAL INSURANCE OFFICE.

(Federal Insurance Office; Congress to Oppose Proposals)

CPN

 

 

 

S.C.R. 84

SUBMITTING TO THE LEGISLATURE OF THE STATE OF HAWAII FOR REVIEW OF ACTION TAKEN BY THE BOARD OF LAND AND NATURAL RESOURCES ON A LAND EXCHANGE.

(Board of Land and Natural Resources; Boy Scouts of America)

WTL/JGO

 

 

 

S.C.R. 85

REQUESTING AN AUDIT OF THE MENTAL HEALTH TRANSFORMATION STATE INCENTIVE GRANT AWARDED TO THE STATE OF HAWAII.

(Mental Health Transformation State Incentive Grant; Audit)

HTH, WAM

 

 

 

S.C.R. 86

URGING CONGRESS TO ENACT LEGISLATION TO RESTRICT TO APPROPRIATE LEVELS THE SALARIES OF EXECUTIVES AT FINANCIAL INSTITUTIONS THAT RECEIVED FEDERAL BAILOUT FUNDS.

(Federal Law; Bailout Funds; Executive Salaries)

CPN

 

 

 

S.C.R. 87

URGING THE HAWAII PUBLIC HOUSING AUTHORITY TO ESTABLISH HOMELESS SAFE ZONES.

(Homeless Safe Zones; Establishment)

EDH/HMS

 

 

 

S.C.R. 88

EXPRESSING SUPPORT FOR REPEAL OF THE DON'T ASK DON'T TELL POLICY OF THE UNITED STATES ARMED SERVICES.

(Don't Ask Don't Tell)

PSM

 

 

 

S.C.R. 89

REQUESTING THE UNITED STATES CONGRESS TO PASS LEGISLATION THAT PROMOTES JOBS AND INNOVATIVE ENERGY DEVELOPMENT, HEIGHTENS NATIONAL ENERGY AND ECONOMIC SECURITY, POSITIONS THE UNITED STATES TO BE AN INTERNATIONAL LEADER IN THE FIELD OF CLEAN ENERGY, AND ADDRESSES THE CONSEQUENCES OF CLIMATE CHANGE WITHOUT PREEMPTING STATES' RIGHTS TO CONTROL EMISSIONS AND TO PROMOTE RENEWABLE ENERGY.

(Congress; Renewable Energy)

ENE/TIA

 

 

 

S.C.R. 90

REQUESTING INCREASED COOPERATION BETWEEN LOCAL AGRICULTURAL PRODUCERS AND RETAILERS TO DEVELOP A CONSISTENT SYSTEM OF LABELING TO BETTER INFORM CONSUMERS OF GENETICALLY MODIFIED ORGANISMS.

(Genetically Modified; Labeling)

WTL/ENE, CPN

 

 

 

S.C.R. 91

REQUESTING AN AUDIT OF CHILD CUSTODY PROCEEDINGS INVOLVING THE COMMISSION OF FAMILY VIOLENCE BY A PARENT, TO ASSESS THE USE AND APPLICATION OF SECTION 571-46, HAWAII REVISED STATUTES.

(Family Courts; Family Violence; Audit)

HMS/JGO, WAM

 

 

 

S.C.R. 92

REQUESTING A REPORT TO THE LEGISLATURE REVIEWING WORKFORCE HOUSING IN KAKAAKO MAUKA.

(HCDA; Workforce Housing; Report to Legislature)

WTL/EDH

 

 

 

S.C.R. 93

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.

(HHFDC; Single Room Occupancy)

EDH/TIA

 

 

 

S.C.R. 94

REQUESTING THE DEPARTMENT OF EDUCATION TO ESTABLISH A TWO-YEAR PILOT PROGRAM TO OFFER ONLINE INSTRUCTION TO MIDDLE AND HIGH SCHOOL STUDENTS IN THE PUBLIC SCHOOL SYSTEM.

(Department of Education; Pilot Program; Online Instruction)

EDH

 

 

 

S.C.R. 95

REQUESTING THAT A TASK FORCE BE ESTABLISHED TO IDENTIFY THE LIBRARY SERVICES NEEDED IN UNDERSERVED COMMUNITIES AND SEEK COMMUNITY SOURCES OF FUNDING TO OFFSET THE LOSS OF FUNDING TO LIBRARIES.

(Public Libraries; Task Force; Underserved Communities)

EDH, WAM

 

 

 

S.C.R. 96

REQUESTING AN AUDIT OF THE EMPLOYER-UNION HEALTH BENEFITS TRUST FUND.

(EUTF; Audit)

LBR, WAM

 

 

 

S.C.R. 97

URGING THE COUNTY OF KAUA'I TO RESTORE PRINCE KUHIO PARK TO ITS FORMER CONFIGURATION.

(Prince Kuhio Park; Kaua'i)

TIA/WTL

 

 

 

S.C.R. 98

REQUESTING THE DEPARTMENT OF HEALTH TO STUDY THE FEASIBILITY OF ESTABLISHING AN AMBULANCE DISPATCH CENTER ON THE WEST SIDE OF KAUAI, BASED IN KALAHEO.

(Ambulance Dispatch Center; Kauai)

HTH, WAM

 

 

 

S.R. 34

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.

(Providing Additional Training to DHS Workers in Relation to GRG)

HMS

 

 

 

S.R. 35

URGING THE PROVISION OF EDUCATION TO INCARCERATED PARENTS TO ENSURE CHILD SUPPORT ISSUES ARE ADDRESSED WITHOUT DELAY AND UPON RELEASE, TO PREPARE THEM FOR REINTEGRATION WITH THEIR CHILDREN AND FAMILIES, INCLUDING GRANDPARENTS WHO HAVE RAISED THEIR CHILDREN.

(Incarcerated Parents; Additional Information and Training by DPS)

HMS/PSM

 

 

 

S.R. 36

EXPRESSING SUPPORT FOR REPEAL OF THE DON'T ASK DON'T TELL POLICY OF THE UNITED STATES ARMED SERVICES.

(Don't Ask Don't Tell)

PSM

 

 

 

S.R. 37

URGING THE UNITED STATES CONGRESS TO OPPOSE PROPOSALS TO CREATE A FEDERAL INSURANCE OFFICE.

(Federal Insurance Office; Congress to Oppose Proposals)

CPN

 

 

 

S.R. 38

URGING THE HAWAII PUBLIC HOUSING AUTHORITY TO ESTABLISH HOMELESS SAFE ZONES.

(Homeless Safe Zones; Establishment)

EDH/HMS

 

 

 

S.R. 39

REQUESTING THE UNITED STATES CONGRESS TO PASS LEGISLATION THAT PROMOTES JOBS AND INNOVATIVE ENERGY DEVELOPMENT, HEIGHTENS NATIONAL ENERGY AND ECONOMIC SECURITY, POSITIONS THE UNITED STATES TO BE AN INTERNATIONAL LEADER IN THE FIELD OF CLEAN ENERGY, AND ADDRESSES THE CONSEQUENCES OF CLIMATE CHANGE WITHOUT PREEMPTING STATES' RIGHTS TO CONTROL EMISSIONS AND TO PROMOTE RENEWABLE ENERGY.

(Congress; Renewable Energy)

ENE/TIA

 

 

 

S.R. 40

REQUESTING INCREASED COOPERATION BETWEEN LOCAL AGRICULTURAL PRODUCERS AND RETAILERS TO DEVELOP A CONSISTENT SYSTEM OF LABELING TO BETTER INFORM CONSUMERS OF GENETICALLY MODIFIED ORGANISMS.

(Genetically Modified; Labeling)

WTL/ENE, CPN

 

 

 

 

 

 

RE-REFERRALS FOR THURSDAY, FEBRUARY 18, 2010

 

 

 

MEASURE

TITLE

RE-REFERRAL

 

 

 

S.B. 2083, S.D. 1

RELATING TO EDUCATION.

(Keiki Caucus; After-School Programs; Prevention Programs; Hawaii State Plan) (EDH/HMS, WTL)

EDH/HMS

 

 

 

S.B. 2457

RELATING TO THE PROCUREMENT CODE.

(Procurement Code; Exemption; Kaho‘olawe Island Reserve Commission) (WTL, JGO)

WTL/JGO

 

 

 

S.B. 2838

RELATING TO THE DISPOSITION OF PUBLIC LANDS.

(Public Lands; Disposition) (WTL/JGO, WAM)

JGO/WAM

 

 

 

 

 

 

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

HONORING AND COMMENDING THE WALK ACROSS OAHU TEAM OF WALKERS.  (Senator Gabbard)

 

 

·         Committee Hearing Schedule:

COMMITTEE

DATE & TIME

ROOM

HRE

2/18/2010 1:15 PM

225

PSM/JGO

2/18/2010 1:15 PM

229

PSM

2/18/2010 1:25 PM

229

HMS/LBR

2/18/2010 1:45 PM

016

HMS/EDH

2/18/2010 2:15 PM

016

ENE

2/18/2010 2:45 PM

225

ENE/WTL

2/18/2010 2:45 PM

225

HMS-HTH

2/18/2010 2:45 PM

016

LBR

2/18/2010 2:45 PM

224

WTL/ENE

2/18/2010 2:45 PM

225

CPN

2/19/2010 9:15 AM

229

JGO

2/19/2010 9:30 AM

016

JGO

2/19/2010 11:00 AM

016

EDT/WTL

2/19/2010 1:15 PM

016

EDH

2/19/2010 1:30 PM

225

EDT

2/19/2010 1:45 PM

016

WTL

2/19/2010 3:15 PM

229

WAM

2/22/2010 10:00 AM

211

WAM

2/22/2010 10:05 AM

211

WAM

2/22/2010 10:10 AM

211

WTL/EDT/WAM

2/22/2010 10:15 AM

211

HTH/CPN

2/22/2010 3:00 PM

016

HTH

2/22/2010 3:15 PM

016

CPN

2/23/2010 9:00 AM

229

JGO

2/23/2010 9:30 AM

016

TIA/HMS

2/23/2010 2:30 PM

016

ENE/TIA

2/23/2010 2:45 PM

225

ENE/TSM

2/23/2010 2:45 PM

225

CPN

2/24/2010 9:00 AM

229

 

 

 

 

 

 

 

  1. Adjournment