HomeMy WebLinkAboutCOM 0120.000 2000-2002
J. CURTIS TYLER, III Bus (808) 326-5684
Cornell Member Fax (808) 326-5697
D~.s(nct N (North XonaJ ctylp~apnte~pac ael
February 12, 2001
MEMORANDUM
TO James Y Arakakr, Chair and Council Members
FROM J Curtis Tyler, III, Vlce-Charr and HSAC Vi P
SUBJECT HSAC Executive Committee Meeting of Feb , 2001
and Recommendations for Council Action
For your information, attached please the agenda and attachments for the Februay 9, 2001
Hawazr State Association of Counties (HSAC) Executive Committee meetutg held at the Council
Committee Room, Crty Hall, Honolulu, Hawaz`r I attended the meeting accompamed by staff
member Rory Flynn The following summary detazls items discussed and actions taken at this
meeting
l Minutes and Treasurer's Report. The minutes of the January 17, 2001 HSAC Executive ,
Comrmttee meeting were approved, along with the HSAC Treasurer's Report dated Januazy
23, 2001
2 Status of 2001 HSAC Lel¢slative Package The HSAC Executive Comrmttee received a
status report on HSAC's 2001 legislative package prepared by Honolulu City & County staff
Andrew Sekme As you well recall, the 2001 HSAC le~slahve package, approved by the
Hawaii County Council in concurrence with the other three counties, consists of four items,
as follows (1) Immunity from liability agaznst damages ansing from the operation of beach
parks, (2) allowance for each county to select publication(s) m which to publish pubhc
notices, (3) lumtmg the liability of counties for persons participating rn hazardous
recreational activities, and (4) allocation of a share of pubhc sernce company tax revenues to
the counties Presently, those bills proceeding in the legislature pursuant to HSAC's package
are as follows
• State and County Tort Lrabrlrty H B 280, S B 796
• Publication of Notice H B 382, S B 190
• Liriuted Lrabrlrty of Counties S B 793
• Public Service Company Tax H B 723, S B 1198
This Council and individual members are encouraged to submit testunony in support of these
bills Both Chairman Arakalu and myself have submitted testimony in support of the pubhc
sernce company tax bills On Febnrary 13, 2001 I submitted wntten testimony m support of
S B 190, relating to publication of notices
Kone Council Office 77-6399 Nalani Strcet • Suite IU4 • Kailua-Kona • Hawei i 1`Q{~'Ii1Q-8~, / ~0
1!}le No. H 5 G -
Ref. Tot OvN ct~-
xef FEB 1 4 200
3 New Legidtttlon. The Executive Committee passed a motion to support legislation relating
to dangerous dogs-S B. 643 and H B 1526-as these bills support the principle of home
rule by suthonzing the counties to enact and enforce ordinances relatmg to dangerous dogs
S B 643 has passed first reading and will be heazd by the Senate's AGT/[IA Committee on
February 15, 2001 at 3.30 p m
4 Balance of HSAC's WIIt Allocation to Hawaii County HSAC Treasurer Ron Kouclu
instructed our county to request the remaining balance ($9,795 48) of HSAC's allocation for
the May, 2001 Western Interstate Region conference Upon request, tius amount will be
promptly transferred to Hawaii County A letter requesting tlus balance has been fotwazded
by Legislative Auditor Constance R Ktnu
5 Hawaii County Communicatlons re: WIR 2001 A bnef presentation by the tindersigned
concerning our County's efforts to solicit exhibitors at the May 23-26, 2001 WIR Conference
was made, along with distnbution of a 3-page solicitation packet to HSAC Executive
Committee members and visiting guest Jonathan C Gradte, PhD of TerraSystems, Inc Also
attached is my memorandwn dated February 8, 2001 to HSAC Executive Committee
members enlisting support and donations to assist our exlibit booth promotion of WIR 2001
at NACo's upcoming conference in Washington, D C on March 2-6, 2001 Finally, attached
are my letters dated February 2, 2001 to Council Chaos requesting that each county provide
one clencal staff member to assist in WIR 2001 registration tasks and other dunes
6. HSAC Meeting Dates: The Executive Committee set the following dates and times for
HSAC Executive Committee meetings throughout 2001
March 7, 2001 (9 30 a m )
Apnl 12, 2001 (9 30 a m )
May 11, 2001 (9 30 a m )
June (to be scheduled during HSAC mid-year conference on Kauai)
July - No meeting
August - No mcetmg
September 14, 2001 (9 30 a m )
October 12, 2001 (9 30 a m )
November 9, 2001 (9 30 a m )
December (to be scheduled during HSAC yeaz-end conference m Hawar'i)
7 Council Approval of HSAC Nomination to the NACo Board of Directors. Subsequent to
HSAC nominations of J Cwtis Tyler, III to fill the Minonty-At-Large position on the Board
of DireMors of the National Association of Counties (NACo) and G Rile Hokama, Maw
Councilmember, to serve on an additional NACo boazd seat, action is required by each
County Council to approve these nominations and transmit such approval to the president of
the Hawaii State Association of Counties At its meeting of January 24, 2001, the Hawaz`i
County Cotincil considered and approved the appointment of the undersigned to the cwrent
vacancy on the NACo Boazd of Directors For your information, I have attached a letter
dated February 1, 2001 to the undersigned from NACo President Jane Hague expressing
thanks for my willingness to serve on the NACo Board of Directors However, Council
approval of the nomination of Maw County Councilman G Rtki Hokama to the NACo Boazd
of Directors is also required The Council's action on this matter will be greatly appreciated
Action Requested: A floor motion to approve the HSAC Executive Committee nomination
of G Riki Hokama to the Board of Directors of the National Association of Counties for the
remainder of tlvs fiscal year and wntten transmittal of such approval to the President, Hawaii
State Association of Counties
LENINGRAD ELARIONOFF Tel (808) 961-8225
CwnaUmnaber ~ Fax (808) 961-8912
~ F~~ i~~ In L'2
COUNTY COUNCfL
County ojKawai'~
Hawa~ ~ County Bu~ldtng
15 An,^.v i, °~~eet
Hilo, Hawaii 9b710
February 13,2001
James Y. Arakakr, Chair
Hawar'i County Council
25 Aupum Street
Hilo, Hawaii 96720
RE: (Commumcation No. 120 HSAC Executive Commrttee Meeting of
February 9, 2001 and Recommendations for Councrl Action)
Pursuant to Section 1(g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawaii, this written request is submitted with my approval that the above-referenced matter be
warved from the Commttee on Public Works and Intergovernmental Relations to the full
Council for immediate action In revrewmg this matter, timely approval rs cruc?al. It rs therefore
advantageous that approval is granted and the matter placed onto the next Council agenda for
review. However, in the event this request is denied, for whatever reason, I understand the
matter shall be referred to the Committee on Public Works and Intergovenunental Relations for
placement on its future agenda.
Sincere ,
'
cc~,<.ckl ,
Lenin Elanon , C r
Committee on Public Wo and Int overnmental Relations
A v cil• Disappmved/Date/Refer to PWIRC:
akaki, Chair James Y Arakaki, Chair
aw ounty Council Hawaii County Council
DISTRICT 9
Kohala, Waimea, Warkoloa, Kawathae
1
• Hawaii State Association of Counties
Counties of Kauai. Maui and Hawaii, City 8. County of Honolulu
s3o swm+ aye sa..~ PI,. teoe) aaaool
Fbrwlulu, H~wail 88813 Faz• (808) 647.78Yt Etrrll nnru~FwQ~bha oom
HAWAII STATE ASSOCIATION OF COUNTIES (HSAC)
EXECUTIVE COMMITTEE MEETING
February 9, 2001
9:30 a.m
Council Committee Room
City Hall
Honolulu, Hawaii
I CALL TO ORDER
II. EXECUTIVE COMMITTEE MEETING MINUTES
January 17, 2001
III. TREASURER'S REPORT
December 2000
IV. REPORTS
A Executive Commmee Reports
B. County Reports
C. NACo Report
V. UNFIIQISHED BUSINESS
A. HSAC Nominations to the NACo Board of Directors
The purpose of tins item is to act on HSAC's nominations to NACo's board of
directors. See Honolulu Council Resolution 01-21.
Hawazr -
Kauai -
Maur -
Honolulu -
B HSAC Bylaws Amendments Concerning Procedures for Appointing
Representatives to Serve on the NACo and WIR Boards of Duectors
The purpose of this item is to act on proposed amendments to HSAC bylaws
concerning procedures for appointing representatives to serve on the boards of
directors of NACo and WIR. See Honolulu Council Resolutton 01-24.
Hawazr -
Kauai -
Maui -
Honolulu -
C. 2001 HSAC Legislative Package
The purpose of this item is to discuss the 2001 HSAC Legislattve Package List of
legislative items of interost to be hand-carried.
D. Other Legislation Relating to Counties
The purpose of this item is to discuss legislation not included in the 2001 HSAC
Legrslative Package that may be of concern to counties.
1. Sharing of revenues for Enterpnse Zones--House Bill No. 185 and Senate
Bill No 170.
2.
3.
E. Master Calendar for HSAC Executive Committee Meetrngs
-2-
e
VI. NEW BUSINESS
VII. COMMUNICATIONS
A. From Al Komshi, Hawazi County Clerk, to Pres~dcnt Manaho, dated January 26,
2001, relating to Hawaii County Council Appointment of HSAC Officer and
Alternate.
VIII. ANNOUNCEMENTS
A Next meeting•
IX ADJOURNMENT
-3-
Hawaii State Association of Counties
Counties of Kauai, Maui and Hawaii, City 8, County of Honolulu
January 17, 2001
Council Committee Room ~ '
City Hall
Honolulu, Hawaii I
I. CALL TO ORDER
' The HSAC Executve Commrttee was called to order by President Rene
Mansho at 2:05 p.m The following members comprised a quorum:
City and County of Honolulu President Rene Mansho
Staff Andrew Sekine
Staff Ann Thomock `j
County of Hawaii: Vice President J. Curtis Tyler III
Councilmember Gary Safank !
Staff Rory Flynn
County of Maui: Secretary Dain P. Kane
Councilmember Riki Hokama
Staff Roy T Hiraga
Staff Richelle Kawasaki
I County of Kauai: Alternate James Tokioka
Staff Cyndi Ayonon
e II EXECUTIVE COMMITTEE MEETING MINUTES
t
The minutes of the December 12, 2000, Executive Committee meeting
were approved
III. REPORTS OF THE TREASURER
There was no Treasurer's Report.
IV REPORTS OF COMMITTEES
A Executive Committee Reports
The following reports were recewed and placed on file:
HSAC Executive Committee
Minutes of the January 17, 2000, meeting ,
Page 2
1 From HSAC Secretary Kane reporting on the actions
taken by the Executive Committee in conjunction with
the 2001 HSAC Legislative Package.
2. From HSAC Secretary Kane reporting on the actions
taken by the Executive Committee on the proposed
amendment to the Bylaws and Policies
B County Reports
There were no county reports.
C NACo Reports
Vice President Tyler asked the other counties to assist in providing
products for g'rft packages to be distributed at the NACo legislative
conference in Washington D.C in March. He asked that the dem
either be brought to the conference in D.C, forwarded to the
Hawai i County Buikting m care of Rory Flynn, Hawai i County Staff
or that contact information be provided to Mr. Flynn so he may
contact the donors directly Vice President Tyler noted that the gift
bags will be Hawaiian punt in design and they will be distributed to
NACo officers, WIR officers, key NACo members, key Committee
Chairs and key NACo Staff.
Vice President Tyler also asked the other counties for their
assistance with the WIR conference at the HiRon Waikoloa m May.
He inquired about the $15,000 grant that could be obtained from
the Hawaii Tourism Authority (HTA) Cyndi Ayonon, Kauai
County Staff, informed him that the County of Hawai'i's Legislative
Auditor has written to the HTA requesting the grant Ms. Ayonon
also indicated that the HSAC Executive Committee had previously
approved funds for the VUIR conference and that a letter should be
sent the Executive Committee to request the balance of the funds.
Noting the vacancy created by the departure of Councdmember
Dennis Y Nakamura, your Committee agreed to refer the matter of
Vice President Tyler's nomination to the NACo Board of Directors'
Minority-At-Large seat to the member counties for their
consideration of the matter.
Your Committee noted that an additional seat on the NACo Board
of Directors has been awarded to HSAC due to the approval of the
recent amendment to the NACo Bylaws which provides for an
additional seat on the Board for associations that achieve 100
HSAC Executive Committee
Minutes of the January 17, 2000, meeting
• Page 3
percent participation of all counties in the state Your Committee
agreed to refer the matter of Councilmember Hokama's nomination
to the NACo Board of Directors for this additional position
Your Committee also agreed to refer the matter relating to a
proposed amendment to the HSAC bylaws which would provide
that the HSAC President shall be the WIR representative and each
of the counties shall have at least one nomination to the NACo
Board of Directors so long as at least three positions are available
to HSAC members.
V. UNFINISHED BUSINESS
A 2001 HSAC Legislative Package
President Mansho noted that the PSC bill being supported by
HSAC will be introduced by the State The bills on tort liability will
be introduced by Senator Jonathan Chun and Representative Ezra
Kanoho
President Mansho requested that the counties provide her with
copies of all testimonies submitted on HSAC legislative package
items.
Vice President Tyler noted that Hawaii County Mayor Harry Kim
has included the four HSAC package items as part of Hawaii
County's package
Your Committee agreed that the City and County of Honolulu will
shepherd the public notification bill through the legislative process.
Kauai County will take the lead on the beach liability bill and Maui
County will head the efforts in support of the hazardous recreation
bill
Vice President Tyler noted that legislation allowing privatization by
the counties will sunset this year President Mansho noted that the
four counties are not in agreement on this matter as Maui County's
Mayor has taken the position that Maui County is seeking to
eliminate privatization and will work with the unions President
Mansho indicated that there might be a compromise position that
the four counties could agree to pursue at the Legislature regarding
this issue
Councilmember Hokama mentioned that HSAC may wish to
consider pursuing the counties' ability to subpoena employees in
HSAC Executive Committee
Minutes of the January 17, 2000, meeting
Page 4
investigations. He also noted that the counties may have to
consider whether they will accept taxing authority if the State grants
such authority to the counties.
VI. NEW BUSINESS
A. 2001 HSAC EXECUTIVE COMMITTEE MEETING SCHEDULE
Your Committee agreed to meet on the second Fnday of each
month at 9:30 a.m at Honolulu Hale.
President Mansho requested copies of the counties' calendars be
sent to Honolulu City and County Staff, Andrew Sekine
B. STATE LEGISLATION RELATING TO ENTERPISE ZONES
Your Committee agreed to refer the proposed bdl relating to
enterprise zones to the member counties for possible inclusion m
the 2001 HSAC legislative package
VII. COMMUNICATIONS
There were no communications.
VIII. ANNOUNCEMENTS
A. President Mansho announced that the next meeting would be
scheduled for February 9, 2001 at 9:30 a.m. at Honolulu Hale.
IV. ADJOURNMENT
There being no further business, the meeting was adjourned at 3:55 p.m.
Very truly yours,
DAIN P. tCA
Secretary
Hawaii State Association of Counties
ocs Iuoc010177 ~I[k
. Hawaii State Association of Counties
Counties of Kauai, Maui and Hawaii, City County of Honolulu
January 23, 2001
The Executive Committee Members
Hawaii State Association of Counties
Deaz Executive Committee Members:
Please find enclosed the report of the Assodation's revenues
collected and expenses paid for the fiscal period December 1
through December 31, 2000.
Since~relQy, /
(.t~ ~~L
RONALD KOUCHI
Treasurer, Hawaii State Assodation
of Counties
Enc.
HAWAII STATE ASSOCIATION OF COUNTiHS
REVEN[71tS COLLE(.'I'BD AND ERPENSE6 PAID
Fiscal Period• December 1 through Deo®ber 31, 2000
FUND BALANCE AT BEGINNING DATE 537,230.09
lhia Period Year to Date )~41
001 Membership Fees 50.00 528,000.00 528,000 00
010 Conference Income 58.643.37 58,643 37 58,000 00
011 Conference Seed Money Remibtirsemmt 51,000.00 51,000 00 SO 00
030 Interest lacome 599.95 5724 91 51,300 00
Total 59,743.32 538,368 28 537,300 00
TOTi1L RECEIPTS THIS PERIOD S9, 743.32
DL~biirxments
Execvuvc Committee
201 Travel 312.00 312 00 3,300 00
202 Auditing Services 0.00 000 4,750.00
203 Stationery 000 000 1,000.00
209 Miscellaneous 000 0.00 500.00
Special Committers
301 Travel 000 000 600 00
309 Miscellaneous 000 0.00 100 00
NACo
401 Travel 2,765 96 2,765 96 9,000 00
402 Proinotroml 000 000 0.00
403 Dues 000 20,592 00 20,637.00
409 Miscellaneous 000 000 000
WiR
501 Travel 985 16 985 16 2,000 00
502 Promotional 0.00 0.00 500 00
503 Dues 000 2,200 00 2,200.00
509 Miacellai>cous 000 000 000
n
Conferences ~ unn~
605 FY 2000.2001 Annual 000 000 000 e~ 7
606 FY 2000-2001 Mid Year 000 1,000 00 000 ~~µQ-
609 MiscellLaeous 000 0.00 0.00 r rc.+ f~j ~ 9 S.L+~
610 WIR Confetence 2001 000 5,000 00 14,795 48
Si
Total 54.063.12 S 32.855 12 S 59,382 48 -1
7~`
l%~
TOTAL EXPENSES THIS PERIOD SI,~•12
FUND BALANCE AT END OF PERIOD: 542,910.29
CITY COUNCIL
CITY AND COUNTY OF HONOLULU 1~
1. HONOLULU, HAWAII NO.
RESOLUTION
CONCERNING THE HAWAII STATE ASSOCIATION OF COUNTIES' NOMINATIONS
TO THE NATIONAL ASSOCIATION OF COUNTIES BOARD OF DIRECTORS AND
WESTERN INTERSTATE REGION BOARD OF DIRECTORS.
WHEREAS, the Hawaii State Association of Counties (HSAC)
annually nominates two members to serve on the Board of Directors
of the National Association of Counties (NACo); and
WHEREAS, one of the nominees serves as HSAC's representative
and the other, who must be from a minority ethnic group, serves
in an at-large capacity; and
WHEREAS, HSAC also annually nominates a member to serve on
the Board of Directors of the Western Interstate Region (WIR);
now, therefore,
BE IT RESOLVED by the Council of the City and County of
Honolulu that the following nominations to the NACo Board of
Directors and WIR Board of Directors are approved:
NACo Board of Directors
HSAC Representative Ron Kouchi, Kauai Council Chair
Minority At-Large Dennis Nakamura, Maui Councilmember
WIR Board of Directors
HSAC Representative Rene Mansho, Honolulu Councilmember
and
BE IT FURTHER RESOLVED that the Council's voting member in
HSAC is authorized to vote accordingly at the annual general
membership meeting; and
OCS00334.R99
BED
RESOLUTION
BE IT FINALLY RESOLVED that the Clerk is directed to
transmit a copy of this Resolution to the President of the Hawaii
State Association of Counties.
INTRODUCED BY:
wYLo~cT
Councilmembers
DATE OF INTRODUCTION:
MAY t 3 t999
Honoiulu, Hawaii
-2-
CITY COUNCIL ADOPTED
MEETING HELD
CITY AND COUNTY OF HONOLULU ~ e Refenrtce.
HONOLULU, HAWAII
Y N A Report No BED-2a4
I hanby urtlfY that tha fanpoinp RESOLUTION was AINUM X
adopted by tfr COUNCIL OF THE CITY AND COUNTY OF DeS0T0
HONOLULU an the date and by the vote Indicated to tha X
Resolution No.
EST: Q" ~
GENEVIEVE O. WO URA
~,i, quo nusone orrice
o.e.e 6/9!99
. = CITY COUNCIL
CITY AND COUNTY OF HONOLULU 0.1
i
HONOLULU, HAWAII NO.
RESOLUTION
RELATING TO HSAC BYLAWS AMENDMENTS CONCERNING PROCEDURES FOR
APPOINTING REPRESENTATIVES TO SERVE ON THE BOARDS OF DIRECTORS OF
THE NATIONAL ASSOCIATION OF COUNTIES AND THE WESTERN INTERSTATE
REGION.
WHEREAS, the Hawaii State Association of Counties (HSAC)
annually nominates members to serve on the boards of directors of
the National Association of Counties (NACo) and the Western
Interstate Region (WIR); and
WHEREAS, the Executive Committee of HSAC finds there is a
need to amend HSAC bylaws to formalize procedures with respect to
nominating members to serve on the boards of directors of NACo
and WIR; and
WHEREAS, amendments to HSAC bylaws require the unanimous
approval of the county councils; now, therefore,
BE IT RESOLVED by the Council of the City and County of
Honolulu that the bylaws of the Hawaii State Association of
Counties are amended to add a new section to read as follows:
..Nn~., nnrn wTR nnnRrlC nF T~TR F.f TffRC aPPnTNTMF.NTR
SECTION lBa. The President shall serve as HSAC's
representative on the WIR Board of Directors.
A member from each of the councils other than the council
represented by the President shall be one of the three HSAC
representatives on the NACo Board of Directors. The
representatives shall be appointed in the same manner as HSAC
officers."
and
BE IT FURTHER RESOLVED that the amendments to the HSAC
bylaws shall take effect upon approval by the HSAC General
Membership; and
OCS00061.R01
RESOLUTION
BE IT FINALLY RESOLVED that the Clerk is directed to
transmit a copy of this Resolution to the President of the Hawaii
State Association of Cotmties.
INTRODUCED BY:
Councilmembers
DATE OF INTRODUCTION:
January 16, 2001
Honolulu, Hawaii
(OCS/011801/ct) -2-
CITY COUNCIL ADOPTED
MEETING HELD
CITY AND COUNTY OF HONOLULU Reference
HONOLULU, HAWAII AYE NO A/E
BAINUM Report No
I hereby eertdy that the foregoing RESOLUTION wes CACHOLA
adopted by the COUNCIL OF THE CITY AND COUNTY DwSOTO
OF HONOLULU on the date and by the vote mdkated to ~U%
the nght HOLMES Resolution No.
ATTEST MANSHO
MIRIKITANI
OKINO ~1~
GENEVIEVE G. WONG JON C YOSHIMURA YoSHIMURA
~ Cyr CHAIR ANO PRESIDING OFFICER
OtlW
HB185 Page 1 of7
' Rrport Titles:
Enterprise Zones
D~~oriptioa:
Requires State to share with the relevant county a portion of
general excise, use, and income taxes paid by businesses initially
assisted by State and local incentives to allow county to recoup
its initial investment in an enterprise zone.
HOUSE OF REPRESENTATIVES H g N O . 185
TWENTY-FIRST LEGISLATURE, '
2001
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ENTERPRISE ZONES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. State law establishes the enterprise zone program. The
program is intended to work as a partnership between the State and
the county within which an enterprise zone is located. A county is
authorized to initiate the designation of up to six enterprise
zones for twenty years. Upon gubernatorial approval of a county-
designated enterprise zone, qualified businesses within the zone
become eligible during their initial years of operation for the
following:
(1) State tax incentives in the form of income tax
credits and general excise and use tax exemptions;
and
(2) "Local incentives" offered by the county, such
http://www.capitol.hawaii.eov/sessionciment/bills/hb185 htm mm~nM1~
I.1B185 Page 2 of 7 '
as real property tax rebates and permit fee
waivers.
The incentives are intended to promote the viability of the
qualified businesses during their initial years of operation.
After the expiration of the initial incentive eligibility period,
the qualified businesses become subject to the taxes and fees. Then
the State, primarily through the general excise, use, and income
taxes, has the opportunity to generate more revenues from an
enterprise zone than does a county. A county has no access to those
tax revenues and, accordingly, has less of an opportunity to recoup
its initial investment in an enterprise zone. Thus, the legislature
finds that the State should share with the relevant county a
portion of the general excise, use, and income taxes paid by
businesses initially assisted by state and local incentives.
The legislature finds that the sharing of taxes will emphasize the
partnership between the State and county, enable a county to recoup
its investment in and derive positive net revenues from an
enterprise zone, and encourage a county to propose more and larger
enterprise zones. The legislature intends that this Act send each
county a signal to be bold and visionary in the promotion of
economic revitalization and development.
The legislature recognizes that the counties offer local incentives
of different levels, some of which are more generous than others.
The legislature finds that this Act may encourage a county to
establish better local incentives which offer greater financial
assistance to qualified businesses.
The purpose of this Act is to provide for the sharing between the
State and a county of general excise, use, and income taxes paid by
businesses in an enterprise zone which were initially assisted with
state and local incentives, including real property tax exemptions
intended to promote construction or renovation by a business either
within or outside an enterprise zone.
SECTION 2. Chapter 209E, Hawaii Revised Statutes, is amended by
adding a new section to be appropriately designated and to read as
follows:
"§209E- R~v~nu~ aharinQ. (a) For the purpose of this section:
"Enterprise zone activity" means a type of business activity_
u Described under the definition of "qualified
business" in section 209E-2; and
u Enaaaed in within an enterprise zone by a
corporation, partnership, or sole proprietorship
which was or continues to be a "qualified
httnJ/vwvw.cavitol.hawaii.QOV/sessioncurrent/bills/hb185 .htm 02/02/?n(11
HB 185 Page 3 of 7
business."
The term does not mean business activity conducted at a location
which was, but no longer is, within an enterprise zone because of
termination or expiration of that zone.
"Incentive period" means the period established under section 209E-
11 during which a qualified business is eligible for exemption from
the general excise and use taxes.
"Local tax and fee incentives" means:
11L Tax and fee reductions proposed by a county in
an enterprise zone apQlication approved by the
governor; and
Real property tax exemptions provided to a
business to promote construction or renovation of a
non-dwelling improvement situated either within or
outside an enterprise zone.
"Relevant county" means the county which has established the
enterprise zone within which a business subject to this section is
situated.
"State enterprise zone tax incentives" means the state tax
exemptions and credits provided to a qualified business under this
chapter.
(b) After the expiration of the incentive period for a qualified
business, the State shall transmit to the relevant county the
county's share of the general excise, use, and income taxes paid by
that business on its enterprise zone activity.
The "county's share" shall be the percentage
calculated by dividing the dollar value of the
local tax and fee incentives provided to the
_qualified business during its incentive period b~
the sum of the following:
u The dollar value of the local tax and
fee incentives provided to the qualified
business during its incentive period; and
u The dollar value of the state
enterprise zone tax incentives provided to
the qualified business during its
incentive period.
The "dollar value" of tax and fee incentives shall
be the amount in dollars of the taxes and fees
http://www.capitol.hawaii.QOV/sessioncutrent/bills/hb185 .htm 02102!2001
HB 185 Page 4 of 7
foregone by the State or relevant county because of
the state enterprise zone tax incentives or local
tax and fee incentives ppovided to the aualified
business. The dollar value of the state enterprise
zone tax incentives shall be determined by the
state director of taxation and shall be conclusive
for the purpose of this section. The dollar value
of the local tax and fee incentives shall be
determined by the relevant county's director of
finance or equivalent officer and shall be
conclusive for the purpose of this section. From
the determinations of the dollar values of the
incentives, the state director of business,
economic development, and tourism shall calculate
the percentage, rounded to the nearest tenth of a
per cent, which is the "county's share." The
director of business, economic development, and
tourism shall make the calculation within thirty
des of the expiration of the incentive period for
the qualified business. The percentage shall be
applicable until the termination or expiration of
the enterprise zone for determining the county's
share of the general excise, use, and income taxes
paid by that particular business on its enterprise
zone activity.
u The "general excise, use, and income taxes paid
by the business on its enterprise zone activity"
means•
The general excise taxes paid b~ the
business upon the gross income or gross
Qroceeds derived from the business's
enterprise zone activity;
The use taxes paid by the business
upon the price or value of property
imported or purchased for use in the
business's enterprise zone activity; and
u The net income taxes paid by the
business upon taxable income earned from
the business's enterprise Zone activity.
"Net income taxes" means income taxes paid
less refunds.
The state director of taxation shall determine the
amount of taxes paid by a particular business upon
its enterprise zone activity. The determination
shall be conclusive for the purpose of this
section.
http:/lwww.capiWl.hawaii.goy/sessioncurrenWills/hb185_.htm 02/02!2001
HB185 Page 5 of7
Lc) Except as otherwise provided by subsection (d) the state
director of finance, on behalf of the State. shall transmit to the
relevant county the county's share of the general excise use and
income taxes by the following deadlines:
jll The transmittal of the county's share of the
general excise taxes paid by a business on its
enterprise zone activiy during a fiscal vear shall
be made within thirty davs of the filing by the
business of the annual general excise tax return
for that fiscal vear;
S~1 The transmittal of the county's share of the
use taxes paid by a business on its enterprise zone
activity shall be made within thirty davs of the
filina by the business of any monthly, quarterly
or semiannual use tax return; and
The transmittal of the county's share of the
income taxes paid by a business on its enterprise
zone activity shall be made within thirty davs of
the filing by the business of its annual net tax
return for a taxable year.
When a return by a business covers a fiscal period extending beyond
the termination or expiration date of an enterprise zone, the
county's share shall be calculated only on the taxes paid by the
business on its enterprise zone activity before the termination or
expiration date.
(dl The transmittal deadline set under subsection (c)(1), (2), or
(3) shall not apply when a county's share of taxes cannot be
determined on the deadline because of an appeal or delinguenc~ by a
business. When the county's share does become determinable because
of resolution of the appeal or payment of the delinguency~ the
state director of finance shall transmit to the relevant county the
county's share of the applicable taxes within thirty davs of the
date of resolution or payment.
(e) The share of the general excise, use, and income taxes required
to be transmitted to the relevant county by this section shall be
deemed revenues of that county, not the State. No legislative
aQpropriation shall be necessary for the transmittal of those
revenues to the relevant county.
(f) This section shall not require the transmittal to a counter of
general excise, use, or income taxes paid by a business before the
expiration of the business's incentive eeriod. This provision shall
apply even if the business loses its "qualified" status for any
fiscal year during the incentive period.
http://www.capitol.hawaii.¢ov/sessioncwrent/bills/hbl 85 .htm n~imnnn,
HB 185 Page 6 of 7
This section also shall not require the transmittal to a count ~ of
general excise, use, and income taxes due and owing by a business
because of activity conducted after the termination or expiration
of an enterprise zone."
SECTION 3. Section 235-119, Hawaii Revised Statutes, is amended to
read as follows:
"5235-119 Tara, stag r~alisationa[T], axo~tion. All income
taxes, except the share required to be transmitted to a county
pursuant to section 209E- shall be [€af]_
For the use of the Stated and [ ]
u2 Paid into the state treasury at such times as
the director of finance shall direct."
SECTION 9. Section 237-31, Hawaii Revised Statutes, is amended to
read as follows:
"5237-31 A~mittanc~s. All remittances of taxes imposed by this
chapter shall be made by money, bank draft, check, cashier's check,
money order, or certificate of deposit to the office of the
department of taxation to which the return was transmitted. The
department shall issue its receipts therefor to the taxpayer and
shall pay the moneys into the state treasury as a state
realization, to be kept and accounted for as provided by law;
provided that:
(1) The sum from all general excise tax revenues
realized by the State that represents the
difference between 595,000,000 and the proceeds
from the sale of any general obligation bonds
authorized for that fiscal year for the purposes of
the state educational facilities improvement
special fund shall be deposited in the state
treasury in each fiscal year to the credit of the
state educational facilities improvement special
fund;
(2) A sum, not to exceed S5, 000, 000, from all
general excise tax revenues realized by the State
shall be deposited in the state treasury in each
fiscal year to the credit of the compound interest
bond reserve fund; [ate]
(3) A sum, not to exceed the amount necessary to
meet the obligations of the integrated tax
information management systems performance-based
contract may be retained and deposited in the state
treasury to the credit of the integrated tax
http:/(www.capitol.hawaii.Roy/sessioncutm?t/bills/hb185 .htm 02/02x2001
HB185 Page 7 of 7
information management systems special fund. The
sum retained by the director of taxation for
deposit to the integrated tax information
management[}] systems special fund for each fiscal
year shall be limited to amounts appropriated by
the legislature. This paragraph shall be repealed
on July 1, 2009[x]; and
5.91 The share of general excise tax revenues
required to be transmitted to a county pursuant to
section 209E- shall be a county realization, not
a state realization."
SECTION 5. Section 238-14, Hawaii Revised Statutes, is amended to
read as follows:
"§238-14 Taxaa atata raalirations[-r]; axewtion. All taxes
collected under this chapter shall be state realizations[]; except
that the share required to be transmitted to a county pursuant to
section 209E- shall be county realizations"
SECTION 6. Statutory material to be repealed is bracketed and
stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2001.
INTRODUCED BY:
http://www.capiWl.hawaii.goy/sessioncument/bills/hb185 .htm 02/02/2001
JAMES Y ARAKAKI ~ AARON S.Y. CHUNG
Chorrman 6 PrerrdnrR t~nr ' ~ BOHBY JEAN LEITHEAD-TODI
LENINGRAD ELARIONOFF
J CURTIS TYLER, III JULIE JACOBSON
~'~ce Chairman NANCY PISICCHIO
GARY SAFARIK
DOMINIC YAGONG
COUNTY COUNCIL
County ofHawar'r
Hawar r County Bmldmg
25 Aupum Street
Hilo. Hawar r 96720
Phone 961-8125
facsrmrlre 961-B911
January 25, 2001 Re. Comm. 64
Honorable Rene Mansho, President
Hawaii State Association of Counties
530 S. King Street
Honolulu, Hawa~`~ 96813
Dear Ms. Mansho:
At its meeting of January 24, 2001, the Hawaii County Council considered and approved the
appointment of Councilman J. Curtis Tyler, III to the current vacancy on the Board of Directors
of the National Association of Counties (NACo).
Also approved was the nommat~on of the appointment of Councilman Gary Safarik as Hawaii
County's alternative representative to the Hawai`! State Association of Counties (HSAC).
Should you have any questions, please feel free to call my office at (808) 961-8272. Thank you.
Sincerely,
e aki, Chairman
Ha i'i County Council
_T
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HB279 Bill Status Page 1 of 1
Hawaii Sts~e ie~isiature
2001 Legislative Session
Bill Status
HB279
Generated on 2/8/01 3.59 46 PM
Measure Title: RELATING TO STATE AND COUNTY IMMUNITY FROM LIABILTI'Y
Report Title: Public Landowner Ltabtltty
Description: Repeals sunset date on the temporary watver of itabtltty the State and counties
currently have when adequate warning srgns are displayed at public beach
pazks
Package: None
Companion:
Introducer(s): KANOHO, MORTTA, KAWAKAMI
Current Referral: WLU, JHA
r Date Status Text
1/19/01 H, introduced
1/22/0 -J Pass First Reading
1/23/01 ~ H j Referred to the commtttees on WLU, JHA, referral sheet 2.
1/26/01 I H Bill scheduled to be heard by WLU on Wednesday, 01-31-O1 at 8 30 AM m House
conference room 312 ~
1/31/01'iHJLThe committee(s) recommends that the measure be deferred until 02-07-O1 ~
2/5/01 I H I °~ll scheduled for dectston making on Wednesday, 0' 07/01 at 8 30 AM m ~ _
,conference room 312
2/7/01 .H The committee on WLU recommends that the measure he deferred
$ = Appropnat~on measure
ConAm = Constrtut~onal Amendment
http //w~ww capitol hawau gov/s~tel/dots/getstatus2 asp~b~llno=HB279 _ 02/08/2001
HB280 Bill Status Page 1 of 1
Hawaii Sufis La~islalure
2001 Legislative Session
Bill Status
~2so
Generated on 2/8/01 4 00 22 PM
Measure Title: RELATING TO STATE AND COUNTY TORT LIABILITY
Report Title: Beach Parks; Immunity from Liability
Description: Provides the State, counties, and lifeguards immunity from liability against
damages ansing from the operation of beach parks
Package: None
Companion:
Iotroducer(s): KANOHO, MORITA, KAWAKAMI
Current Referral: WLU, JHA
Date ~ Status Text
1/19/~j] Introduced _ _ _
J
1/22/01 nnPass Fiist Reading _
1/23/01 ~IJrReferred to the committees on WLU, JHA, referral sheet 2
1/26/01 j H Blll scheduled to be heard by WLU on Wednesday, 01-31-01 at 8 30 AM in House ~
conference room 312 ~
:_1/31/01 H The committee(s) recommends that the measure be deferred unti102-07-01 J
2/5/01 H ~ Bill scheduled for decision making on Wednesday, 02/07/01 at 8 30 AM in
conference room 312 i
~ ,The committee on WLU recommends that the measure be PASSED, WITH '
2/7/01 H ~ AMENDMENTS The votes in WLU w•erc as follows 8 Ayes Rep (s) Kanoho, Hale,
Monta, Schatz, Bukoski, Jaffe, Meyer, Thielen, Ayes with reservations None, 0
Noes None, and 2 Excused Rep (s) Ito, B Oshiro
$ = Appropnation measure
ConAm = Constnuuonal Amendment
- http //www capitol hawaii gov/sitel/docs/getstatus2 asp~billno=HB280 02/08/2001
HB363 Btll Status Page 1 of 1
Hawaii Sts~s Legislature
2001 Legislative Session
Bill Status
FIB363
Generated on 2/8/01 4 00.58 PM
Measure Title: RELATING TO LIABILITY.
Report Title: Tort Liability
Description: Provides immumty from liability to county lifeguard and the employing county
for the ltfeguazd's rescue, resuscitative, or other emergency service
Package: None
Companion:
Iotroducer(s): CHANG, ICAH]ICIIVA, ABINSAY, MORITA, AHU ISA, SUZUICI,
WHALEN, CASE, JAFFE, Souki, Halford, Garcia
Current Referral: WLU, JHA
Date Status Text
1/22/01 H Introduced
1/23/01 Pass First Reading
1/25/01 ~H ~eferred to the committees on WLU, JHA, refeaal sheet 3
1/26/01 ~ H Bill scheduled to be heazd by WLU on Wednesday, 01-31-01 at 8 30 AM to House
conference room 312
1/31/01 H The committee(s) recommends that the measure be deferred until 02-07-01
~ Bill scheduled for decision making on Wednesday, 02/07/01 at 8.30 AM in
2/5/01 H. conference room 312
2/7/01 , H The committee on W Ll' recommends that the measure be deferred.
S = 4ppropnation measure
ConAm =Constitutional Amendment
http //www capitol hawaii gov/sitel/dots/getstatus2 asp~billno=HB363 02/08/2001
SB1 Btll Status Page 1 of 1
Hawaii Stsfia L~e~slatune
2001 Legislative Session
Bill Status
SBl SDl
Generated on 2/8/01 4 04 34 PM
Measure Title: RELATING TO LIABILITY
Report Title: Tort Ltabtltty
Description: Provides tmmuntty firm ltabtltty to county Itfeguazd and the employing county
for the lifeguazd's rescue, resuscitative, or other emergency service (SD 1)
Package: None
Companion:
Introducer(s): ICIM
Current Referral: TIA, JDC
Date Status Text
1/~ 17/01 G Introduced
1/17/01 ~ Passed First Reading
1/ /22
O1 S Referred to TIA, JDC
1/29/01 ]iBill scheduled to be heazd by TIA on 02-01-01 at 3.30 pm m conference room 212
~ The committee(s) on TIA recommends that the measure be PASSED, WITH
2/1/01 SIAMENDMENTS
The votes to TIA were as follows 6 Aye(s)• Senator(s) Kim, English, Buen, Inouye,
_ 2/1/01 ~ S i Kawamoto, Sloni, Aye(s) with reservations None, 0 No(es) None, and 2 Excused
.Senator(s) Matsuura, Sakamoto
Reported from TIA (Stand Com Rep No 7) with recommendation of passage on
2/6/01 ~ S Second Reading, as amended (SD 1) and referral to JDC
Report adopted, Passed Second Reading, as amended (SD 1) and referred to JDC
$ = Appropnation measure
ConAm = Constnution.il Amendment
http //ww~v capitol hawaii gov/sitel/dots/getstatus2 asp~billno=SB1 02/08/2001
SB1 Page 1 of3
Report Title:
Tort Liability
Description:
Provides immunity from liability to county lifeguard and the
employing county for the lifeguard's rescue, resuscitative, or
other emergency service. (SD1)
THE SENATE ^ B N O 1
TWENTY-FIRST LEGISLATURE, vti ¦ S D 1
2001
STATE OF HAWAII
A BILL FOR AN ACT
relating to liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. During the Regular Session of 2000, the legislature
passed S.B. No. 2001, S.D. 1, concerning county tort liability.
Among other provisions, the bill required the state attorney
general to defend and indemnify the counties for liability claims
arising out of the provision of county lifeguard services at
certain county operated beach parks. The governor, however, vetoed
the bill, primarily because of an objection to paving the State
assume the defense against and liability for clams resulting from
a county's fault. -
In the veto message, the governor suggested, as an alternative,
granting liability immunity to the counties for the provision of
lifeguard services at county beach parks The legislature finds
http-!/www capitol hawau gov/sess:oncurrenW~lls/sbl_sdl_ htm 02/08/2001
SB1 Page 2 of3
that the governor's suggestion will serve the public interest.
It is the purpose of this Act to provide limited immunity from tort
liability for county lifeguards and the employing county for an act
or omission of a lifeguard while providing rescue, resuscitative,
or other emergency service. The legislature notes that this Act
expands upon the governor's suggestions by granting immunity for
county lifeguard services provided not only at county beach parks,
but at any location.
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by
adding a new section to part I to be appropriately designated and
to read as follows:
"6663- Exception to liability for county lifectuard services. ~
For the purpose of this section:
"County lifeguard" means a person employed as a lifeguard by a
county of this State.
"Employing county" means the county employing a county lifeguard.
(b) A county lifeguard and the employing county shall not be liable
for any civil damages resulting from any act or omission of the
lifeguard while providing rescue, resuscitative, or other emergency
service in the scope of employment as a county lifeguard. This
exception from liability, however, shall not apply when the claim
for civil damages results from a county lifeguard's gross
negligence or wanton act or omission.
(c) This section shall apply to a county lifeguard and the
employing county even while the lifeguard is an "employee of the
State" as defined in section 662-1."
SECTION 3. Section 662-2, Hawaii Revised Statutes, is amended to
read as follows:
"6662-2 Waiver and liability of State. [~Fke] ~aZ Except as provided
in subsection (b), the State hereby waives its immunity [f-ar] from
liability for the torts of its employees and shall be liable in the
same manner and to the same extent as a private individual under
like circumstances, but shall not be liable for interest prior to
judgment or for punitive damages.
(b) The waiver of immunity from liability in subsection ~ shall
not supersede the exception from liability in section 663- for_
A county lifeguard while serving as an_em~lo~ee
of the State pursuant to this chapter, or
http //www capitol hawa~i goy/sess~oncuaenWills/sbl_sdl_ htm 02/08/2001
SB 1 Page 3 of 3
~ The lifeguard's employing county"
SECTION 4. This Act does not affect rights and duties that matured,
penalties that were incurred, and proceedings that were begun,
before its effective date.
SECTION 5. Statutory material to be repealed is bracketed
and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
http //www capitol hawai~ gov/sessioncurtenWills/sbl_sdl_ htm 02/08/2001
SSCR7 Page 1 of 3
STAND.
COM.
REP.
NO. 7
Honolu:
Hawaii
2001
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Tourism and Intergovernmental Affairs, to which
was referred S.B. No. 1 entitled:
"A BILL FOR AN ACT RELATING TO LIABILITY,"
begs leave to report as follows:
The purpose of this measur~_ _s to provide limited immunity for
county lifeguard services a:~d the employing county for the _
lifeguard's rescue, resuscitative, or other emergency services.
Your Committee received testimony in support of this measure from
the Department of Land and Natural Resources, City and County of
Honolulu, County of Hawaii, County of Kauai, Maui County Council,
http //www capitol hawaii gov/sess~oncurrent/commreports/sbl_sdl_sscr7_ htm 02/08/2001
SSCR7 Page 2 of 3
Kona-Kohala Chamber of Commerce, Hawaiian Lifeguard Association,
and Life of the Land. The Department of the Attorney General gave
oral testimony in support. Consumer Lawyers of Hawaii submitted
testimony in opposition.
Your Committee finds that each year, the counties must expend
hundreds of thousands of dollars in settlements, damages,
attorneys' fees, and other costs arising from alleged injuries at
county operated and owned beach parks. As a result, the counties
must allocate resources otherwise intended to provide public
services, to the detriment of the public dependent on these
services.
Your Committee notes that this measure is also intended to address
the concerns raised by the Governor in his veto of S.B. No. 2001,
S.D. 1, passed by the 2000 legislature, which would have required
the state attorney general to defend and indemnify the counties for
liability claims arising out of the provision of county lifeguard
services at certain county operated parks. In that veto message,
the Governor instead suggested granting liability immunity to the
counties for the provision of lifeguard services at county beach
parks.
Your Committee finds that this measure will address both the
concerns of the counties and the State. Your Committee has amended
this measure to add a saving provision to ensure that rights,
duties, penalties, and proceedings prior to the effective date of
the Act are not affected.
As affirmed by the record of votes of the members of your Committee
on Tourism and Intergovernmental Affairs that is attached to this
report, your Committee is in accord with the intent and purpose of
S.B. No. 1, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 1, S D. 1, and be
referred to the Committee on Judiciary.
Respectful]
submitted
on behalf
of the
members
of the
Committee
on
=sue
a::c
Intergoverr
Affa_~s,
http //www capitol hawau gov/sess~oncurrent/commreports/sbl_sdl_sscr7_ htm 02/08!2001
SSCR7 Page 3 of 3
jDONNA MERCADO KIM, Chair
http //www capitol hawatt gov/sesstoncurrent/commreports/sbl_sdl_sscr7_ htm 02/08/2001
SB186 Bill Status Page 1 of 1
Hawaii State Le~siature
2001 Legislative Session
Bill Status
SB186
Generated on 2/8/01 3:50:49 PM
Measure Title: RELATING TO STATE AND COUNTY TORT LIABILITY.
Report Title: State Tort Liability
Description: Provides the State, counties, and ltfeguazds immunity from lrabrlrty against
damages ansrng from the operation of beach pazks.
Package: None
Companion:
Introducer(s): CHUN, KOKUBUN, BUEN
Current Referral: TLNEDT, JDC
- -
i Date Status Text
i 1/19/Ol':S. Introduced and passed First Reading
11/23/01 LS Referred to TIA, JDC
1/25/01 ~i Re-Referred to TIA/EDT, JDC
1/29/01 S Bill scheduled to be heard by TIA/EDT on 02-01-01 at 1 30 pm m conference room
224__
2/1/01 ~ S The commtttee(s) on EDT recommends that the measure be deferred until 02-06-O1 at
],1 30 pm m conference room 224
~~Notrce of public decision making by TIA on 02-06-O1 at 3 30 p m m conference
2/2/01 S;~oom 212
2/6/01 . S The committee(s) on TIA/EDT recommends that the measure be HELD
~The votes m TIA were as follows 5 Aye(s) Senator(s) Kim, English, Inouye,
;2/6/01 ~ S Kawamoto, Slom, Aye(s) with reservahons None, 0 No(es) None, and 3 Excused
Senator(s) Buen, Matsuura, Sakamoto
'The votes m EDT were as follo~~ s 4 .4~ n sl Senator(s) Tam, Ige, Taniguchi, Slom,
2/6/01 ' S Aye(s) w•rth reservahons None, 0 \o(eai \unc, and 3 Excused Senatorls) Ihara,
Kim, Matsunaga
$ = Appropnation measure
ConAm =Constitutional Amendment
http //www capitol hawan gov/s~tel/docs/getstatus2 asp~billno=SB186 - 02/08/2001
SB604 Bill Status Page 1 of 1
Hawaii State Legislature
2001 Legislative Session
Bill Status
SB604
Generated on 2/8/01 3 51 46 PM
Measure Title: RELATING TO TORTS.
Report Title: Tort Lrabrlrty, County Indemmficahon; Beach Park Operation
Description: Extends state tort lrabtlrty to include rndemmfication of counties against
damages ansmg from the operation of certain beach pazks by a county
Package: None
Companion:
Introducer(s): INOiJYE, English
Current Referral: EDT/TIA, JDC
Date_ ! Status Text ~
1/19/01 I S I
Introduced and passed First Reading
1 /25/01 I S .Referred to EDT/TIA, JDC
1/29/ 1 S B24 scheduled to be heazd by EDT/TIA on 02-O1-Ol at 1 30 pm m conference room
2/1/01 S The committee(s) on EDT recommends that the measure be deferred until 02-06-01 at
1 30 pm rn conference room 224
2/2/01 , S Nonce of public decision making by TIA on 02-06-01 at 3 30 p m in conference
room 212
2,V O1 , S .The committee(s) on EDT/TIA recommends that the measure be HELD J
-
The votes m EDT were as follows 4 Aye(s). Senator(s) Tam, Ige, Tamguchr, Slom,
2/6'01 ~ S .Aye(s) with reservations None, 0 No(es). None, and 3 Excused Senator(s) Ihaza,
Kim, Matsunaga
'The votes m TIA were as follows 5 Aye(s)• Senator(s) ICrm, English, Inouye,
2.6,'01 S Kawamoto, Slom, Aye(s) with reservations None, 0 No(es) None, and 3 Excused
Senator(s) Buen, Matsuura, Sakamoto
$ = Appropnation measure
ConAm = Const~tut~onal Amendment
http //www capitol hawau gov/srtel/dots/getstatus2 asp'brllno=SB604 02/08/2001
SB770 Bill Status Page 1 of 2
Hawaii Stake l:~islature
2001 Legislative Session
Bill Status
sB~~o
Generated on 2/8/01 3:52:43 PM
Measure Title: RELATING TO LANDOWNER LIABILITY
Report Title: Landowner Liability
Description: Amends landowner Itability law as to recreational use to clanfy purpose,
include exceptions to immunity m liability and duty of caze provisions, relieve
landowner from duty to investigate risks, and make user liable for attorneys
fees and court costs if landowner is found not liable under an exception to
immunity
Package: None
Companion: HB1580
Introducer(s): CHUMBLEY, ENGLISH
Current Referral: EDT/'I'IA, JDC
- - ~
Date Status Text
1/19/01 Sl Introduced and passed First Reading
'1/25/01 S Referred to EDT/TIA, JDC
~ 1/29/01 S' B24 scheduled to be heard by EDT/TIA on 02-Ol-Ol at 1 30 pm in conference room
2/1/01 S ~ The committee(s) on EDT recommends that the measure be deferred until 02`06-O1 at
1 30 pm in conference room 224
2/2/01 S 2 ice of public decision making by TIA on 02-06-O1 at 3.30 pm in conference room
2/6/01 S The committee on EDT deferred the measure until 02-13-01 at 1 30 pm in conference
room 224
2/6/01 S T1ie committee(s) on TIA recommends that the measure be PASSED,
L\ Ab1f\DED
The votes m TIA were as follows 5 Aye(s) Senator(s) Kim, English, Inouye,
2/6/01 S Kawamoto, Slom, Aye(s) with reservations None, 0 No(es) None, and 3 Excused
Senator(s) Bucn, Matsuura, Sakamoto
$ = Appropnauon measure _
http //www capitol hawaii gov/site)/docs/getstatus2 asp~btllno=SB770 02/08/2001
SB793 Brll Status Page 1 of 1
Hawaii State Legislature
2001 Legislative Session
Bill Status
SB793
Generated on 2/8/01 4:02.23 PM
Measure Title: RELATING TO COUNTIES
Report Title: County Liability, Hazazdous Recreational Activities
Description: Provides immunity to counties for liability for inlunes to a participants,
persons assisting a participant, and spectators arising out of a hazazdous
recreational activity, defines hazazdous recreational activity, clanfies that
immunity does not apply to a county's fazlure to warn, gross negligence,
recklessness, or wilful, wanton, or deliberate conduct
Package: None
Companion:
Introducer(s): ENGLISH, CHUMBLEY, KOKUBUN, CHUN, MATSUURA, Kawamoto,
Buen, Tam, Sakamoto
Current Referral: TIA, JDC
Date ] Status Text
1/19/01 SJ Introduced and passed First Reading
1/25/01 ]_Referred to TIA, JDC
1/29/Ol']'Bill scheduled to be heard by TIA on 02-O1-Ol at 3:30 pm m conference room 212
2/1/01 S The committee(s) on TIA rccommends that the measure be PASSED,
UNAMENDED
-The votes m TIA were as follows 6 Aye(s) Senator(s) ICim, English, Buen, Inouye,
~2/1/O1 iiS Kawamoto, Slom, Aye(s) w ith reservations None, 0 No(es) None, and 2 Excused
I Senator(s) Matsuura, Sakamoto
'Reported from TIA (Stand Com Rep No l0) with recommendation of passage on ,
2/61 /O1 'I S
I .Second Readmg and referral to JDC Report adopted, Passed Second Readmg
S = Appropnation measure
ConAm =Constitutional Amendment
http //www capitol hawaii gov/site]/dots/getstatus2 asp~billno=SB793 02/08/2001
SB796 Bill Status Page 1 of 2
Naw~i Sufis Legislature
2001 Legislative Session
Bill Status
SB796
Generated on 2/8/01 3 53 12 PM
Measure Title: RELATING TO STATE AND COUNTY TORT LIABILITY
Report Title: Beach Pazks, Immunity from Liability
Description: Provides the State, counties, and lifeguazds tmmuntty from liability against
damages ansmg from the operation of beach pazks
Package: None
Companion:
Introducer(s): ENGLISH, CHUMBLEY, CHIJN, KOKUBUN, Matsuura, Menor, Tam,
Nakata, Kawamoto, Buen, Sakamoto
Current Referral: EDT/TIA, JDC
Date Status Text
1/19/01 , S Introduced and passed First Reading
1/25/01 ~ Referred to EDT/TIA, JDC
~J---
1/29/O1 ' S B2141 scheduled to be heazd by EDT/TIA on 02-O1-Ol at 1 30 pm m conference room
2/1/01 S jThe committee(s) on EDT recommends that the measure be deferred until 02-06-O1 at
1 30 pm m conference room 224
2/2/01 I S I Z
i
Z~ce of public decision making by TIA on 02-06-01 at 3 30 pm m conference room
2/G/Ol . S The committee(s) on EDT/TIA recommends that the measure be PASSED,
LJNAMENDED
'The votes m EDT were as follows 4 Aye(s) Senator(s) Tam, Ige, Tamguch~, Slom,
2/6/01 S ~ Aye(s) w•~th reservations None; 0 No(es) None, and 3 Excused Senator(s) ll~ara,
Kim, Matsunaga
The votes m TIA were as follows 5 Aye(s) Senator(s) ICim, English, Inouye,
2/6;01 S ~Kawamoto, Slom, Aye(s) with reservations NonerO No(es)• None, and 3 Excused
Senator(s) Buen, Matsuura, Sakamoto
S = Appropnat~on measure
ConAm = Constitutional Amendment
http //www capitol hawau~ov/sitel/does/getstatus2 asp~billno=SB796 02/08/2001
SB918 Bill Status Page 1 of 1
Hawaii Stafie Legislature
2001 Legislative Session
Bill Status
SB918
Generated on 2/8/01 4:09:18 PM
Measure Title: RELATING TO PUBLIC LAND LIABILITY IIvIMUNITY.
Report Title: Public Lands; Liability
Description: Declazes that the govemment is not liable for accidents and tn~unes occurring
on unimproved public property, requrres the State or county operating a public
beach pazk to develop and implement a plan for wammg of dangerous natural
conditions, repeals Act 190, SLH 1996
Package: None
Companion:
Introducer(s): CHUMBLEY
Current Referral: WLE/TIA, JDC
Date Status Text
1/23/01 S Introduced and passed First Reading
1/26/01 i S Referred to WLE/TIA, JDC
$ = Appropnation measure
ConAm =Constitutional Amendment
http //www capitol hawaii gov/srtel/docs/getstatus2 asp~b~lino=SB918 02/08/2001
' ' HB1526 Bill Status Page 1 of 1
Hawaii Stile Lra~la~ure
2001 Legislative Session
Bill Status
HB1526
Generated on 2/2/01 2:50:51 PM
Measure Title: RELATING TO DOGS
Report Title: Dangerous Dogs; County Ordinances
Description: Authorizes counties to enact and enforce ordinances relating to dangerous
dogs; grandfathers ordinances in effect before July 1, 2001 Grand fathers
existing ordinances.
Package: None
Companion:
Introducer(s): B OSHIRO, PENDLETON, MAGAOAY, THIELEN, MORITA, SCHATZ,
LUKE, SAIKI, Hamakawa
Current Referral: JHA
Date ~ Status Text
1/26/01 H? Introduced and Pass First Reading
1/29/01 H? Referred to the committee on JHA, referral sheet 5.
$ =Appropriation measure
ConAm =Constitutional Amendment ,
http //www capitol hawau gov/s~tel/docs/getstatus2 asp?btllno=HB1526 02/02/2001
' HB template Page 1 of 3
Report Title:
Dangerous Dogs; County Ordinances
Description:
Authorizes counties to enact and enforce ordinances relating to
dangerous dogs; grandfathers ordinances in effect before July 1,
2001. Grand fathers existing ordinances.
HTWENTY-FIRST LEG SLATURES H ~ B ~ N O ~ 1526
2001
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO DOGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 192-74, Hawaii Revised Statutes, is amended to
read as follows:
"§142-74 Liability of dog owner; penalty. ~ If any dog, while on
private property without the consent of the owner of that property,
injures or destroys any sheep, cattle, goat, hog, fowl, or other
property belonging to any person other than the owner of the dog,
the owner of the dog shall be liable in damages to the person
_n7ured for the value of the property so injured or destroyed. The
caner of the dog shall confine or destroy the dog, and if the c•wne_
of *_he dog neglects or refuses to do so, the owner of the dog, in
the event of any further damage being done to the person or
property of any person by the dog, in addition to paying the person
inured for the damage, shall pay the costs of the trial together
with the penalty imposed under section 192-12, and it shall be
http //www capitol hawaii gov/sess~oncurrent/bills/h61526_ htm 02/02/2001
HB template Page 2 of 3
lawful for any other person to destroy the dog.
(b) Each county may enact and enforce ordinances regulating persons
who own, harbor, or keen anv dog which attacks, injures, kills, or
poses a risk of serious injury or death to an animal belonging to
another person. No ordinance enacted under this subsection shall be
held invalid on the ground that it covers anv subject or matter
embraced within anv statute or rule of the State; provided that the
ordinance shall not affect the civil liability of a person owning
harboring, or keeping the dog. Upon enactment of an ordinance,
whether enacted on, before, or after June 30, 2001, the ordinance
shall have full force and effect, and shall supersede this section
until the ordinance is repealed or otherwise invalidated."
SECTION 2. Section 192-75, Hawaii Revised Statutes, is amended to
read as follows:
~~[{]§142-75[}] Human bitten by doq; duty of doq owners; action
against owner. (a) The owner of any dog which has bitten a human
being shall have the duty to take such reasonable steps as are
necessary to prevent the recurrence of such incident.
(b) Whenever a dog has bitten a human being on at least two
separate occasions for which none of the exceptions specified in
section 663-9.1 apply, any person may bring an action against the
owner of such dog in the district court of the judicial circuit in
which such owner resides, to determine whether conditions of the
treatment or confinement of the dog or other circumstances existing
at the time of the bites have been changed so as to remove the
danger to other persons presented by such animal. The court, after
hearing, may make any order it deems appropriate to prevent the
recurrence of such an incident, including, but not limited to, the
removal of the animal from the area or its destruction by its
owner. In making its decision, the court may consider (1) the
vicious or dangerous propensities of the animal, (2) the ability of
the owner to adequately confine or remove the animal, and i3~ the
necessity of any destruction of an animal in light of the health,
safety and welfare of the community. This section shall nct
preclude any existing common law remedies.
(c) Each county may enact and enforce ordinances regulating persons
who own, harbor or keep any dog which attacks, injures, kills, or
poses a risk of serious in~ury or death to a-n-an-fma'~-,w,:ging-ta
another person. No ordinance enacted under this subsection shall be
held invalid on the ground that it covers any subject or matter
e~braced_within a~ statute or rule of the State; provided that the
ordinance shall not affect the civil liability of a person owning
harboring, or ke~ing_the dog. Upon enactment of an ordinance,
whether enacted on, before, or after June 30, 200~_the ordi-~ance
shall have full force and effect~_and shall supersede this section
until the ordinance is repealed or otherwise invalidated."
http //www.capitol hawan gov/sessioncurrent/b~lls/hb1526_.htm 02/02/2001
' HB template Page 3 of 3
SECTION 3. Any county ordinance enacted before
July 1, 2001, dealing with the subject matter covered by sections
192-74 and 142-75, Hawaii Revised Statutes, even though enacted
before the effective date of this Act, are deemed valid
retroactively to the date of enactment, and as provided by this Act
shall supersede sections 192-79 and 192-75, Hawaii Revised
Statutes, as provided in these sections.
SECTION 9. Statutory material to be repealed is bracketed and
stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on June 30, 2001.
INTRODUCED BY:
http //www.capitol.hawau gov/sessioncurrent/bills/hb1526_.htm 02/02/2001
6B643 Bill Status Page 1 of 1
Hawaii Suede twuro
2001 Legislative ession
Bill Status
SB643
Generated on 2/2/01 2:52:59 PM
Measure Title: RELATING TO DOGS.
Report Title: Vicious Animals; County Ordinances
Description: Authorizes counties to enact and enforce ordinances relating to vicious
animals
Package: None
Companion:
Introducer(s): MATSUNAGA, Ige, Chumbley
Current Referral: AGTlI'IA, JDC
Date ~ Status Test
1/19/01 S Introduced and passed FiraR Reading.
1/25/01 Sa Referred to AGT/I'[A, JDC
$ = Appropnation measure ~
ConAm =Constitutional Amendment '
i`•,M~~
http //www capitol hawau.gov/sitel/docs/getstatus2.asp~billno=SB643 02/02/2001
6B643 Page 1 of 3
Report Title:
Vicious Animals; County Ordinances
Description:
Authorizes counties to enact and enforce ordinances relating to
vicious animals.
THE SENATE C ¦ B . N O . 643
TWENTY-FIRST LEGISLATURE, J
2001
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO DOGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 142-79, Hawaii Revised Statutes, is amended to
read as follows:
"§142-74 Liability of doq owner; penalty. ~ If any dog, while on
private property without t`:e consent of the owner of that property,
injures or destroys any sheep, cattle, goat, hog, fowl, or other
property belonging to any person other than the owner of the dog,
the owner of the dog sha h be liable in damages to the person
injured for the value of the property so injured or destroyed. The
ow--er ~he dog shall conf=ne or destroy the dog, and if the owner
of the neglects or refuses to do so, the owner of the dog, in
the eve~~ cf any further damage being done to the person or
orooerty of any person by the dog, in addition to paying the person
_;~;ured fcc the damage, shall pay the costs of the trial together
with the penalty imposed under section 142-12, and it shall be
lawful for any other person to destroy the dog.
http //www caprtol.hawan gov/sessioncun•endb~lls/sb643_ htm 02/02/2001
SB643 Page 2 of 3
(b) Each county may enact and enforce ordinances regulating Aersons
who own, harbor, or keep anv dog which attacks, injures, kills or
poses a risk of serious injury or death to an animal belonging to
another person. No ordinance enacted under this subsection shall be
held invalid on the ground that it covers any subject or matter
embraced within any statute or rule of the State; provided that the
ordinance shall not affect the civil liability of a person owning
harboring, or keeping the dog. Upon enactment of an ordinance under
this subsection, the ordinance shall have full force and effect
and shall supersede this section until the ordinance is repealed or
otherwise invalidated."
SECTION 2. Section 192-75, Hawaii Revised Statutes, is amended to
read as follows:
"[f]§142-75[}] Human bitten by dog; duty of dog oMnare; action
against owner. (a) The owner of any dog which has bitten a human
being shall have the duty to take such reasonable steps as are
necessary to prevent the recurrence of such incident.
(b) Whenever a dog has bitten a human being on at least two
separate occasions for which none of the exceptions specified in
section 663-9.1 apply, any person may bring an action against the
owner of such dog in the district court of the judicial circuit in
which such owner resides, to determine whether conditions of the
treatment or confinement of the dog or other circumstances existing
at the time of the bites have been changed so as to remove the
danger to other persons presented by such animal. The court, after
hearing, may make any order it deems appropriate to prevent the
recurrence of such an incident, including, but not limited to, the
removal of the animal from the area or its destruction by its
owner. In making its decision, the court may consider (1) the
vicious or dangerous propensities of the animal, (2) the ability of
the owner to adequately confine or remove the animal, and (3) the
necessity of any destruction of an animal in light of the health,
safety and welfare of the community. This section shall not
preclude any existing common law remedies.
(c) Each county may enact and enforce ordinances regulating persons
who own, harbor, or keep any dos which attacks, injures, kills, or
poses a risk_of serious injury or death to an animal belonging to
another person. No ordinance enacted under this subsection shall be
held invalid_on the ground that it covers anv subject or matter
embraced within any statute or rule of the State; provided that the
ordinance sha:_ r affect the civil liability of a~erson owning,
harbori~, or keeY_-j the dog. UPOn enactment of an ordinance under
this subsections th_e ordinance shall have full force and effect -
and shall =.cersede t'~is section until the ordinance is re~ealed_or
otherwise invalidated "
SECTION 3. statutory material to be repealed is bracketed and
http //www capitol.hawan.gov/sess~oncun•ent/bills/sb643_.htm 02/02/2001
• •SB643 Page 3 of 3
stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
http //www.capitol hawaii gov/sesstoncurrent/b~lls/sb643_.htm 02/02/2001
. F~-~B-2~1 Q8.27 t:OWTM pP Kp~gj 898 241 6319 P.01i1
Maryanne W. Kwaka p~~~ HariweR H. K. Slake
`F+D ~ AaOmey
OFFICE OF THE COUNTY ATTORNEY
COUNTY OP EAUA'4 STATE OF HAWAII
1~W'IKBHA BUB.DIIiO AAy L VaY/, Fort Lk}oh
MM RICE STa1sEf, SUITE 730 C Wp T. Ndu~~n
UHU'E. KAUAI, HAWAII %766-1300 3iLrtaret aawe.
7'Fl. (tW) 7A1~3I3 IaaY I,oo
PAX (wp 7AIE319 w~y.e B.Bhl~lso
Ark 7. Frjll
Curtk 8. SNrura
February 8, 2001
TO: MS. RENE MANSHO, CHAIR Total pages = 15
Hawaii State Association of Counties
AdII: Mr. Andrew Seltime (Fax: 550-6313)
Office of Council Services
FR: GALEN T. NAKAMURA
Aepury County Attoroey
RE: H.B. 723 8c S.B. 1198 -RELATING TO THE PUBLIC SERVICE COMPANY TAX
Attached is letter dated February 8, 2001 with affb~w*++'*fYe.
~ ~ FEB-0!}2001 ~ ~ ~ COUNTY OF KRLp I E3BE3 241 6319 P. 02115
141atyanne W. Kusaka Hrrhvell H. K Bhke
br~yor coomr Anomey
oi+T7c~ of THE covN~rY ATTO1tlvEY
coUt~l'Y OF tuUA'~. STATE of HAWAt'I lZSmalu
rwo•rtcr:TtA atm~wo A.r Ll,.ti, ~ nepury
sots ucl: s'Itteer, sorts. zw a,ie. r, rl.r..~„
[1HU'E, IUIUA'I, t1AWA1'I %1661300 lt~rprat ltuar
TEL (ion 4414115 Lrnl tae
FAX (f0i) ]614119 W yK 8, til~~
Ark T. tyY
Gtirtlf K Aiuim
February 8, 2001
Ivls. R,enc Mansho, President
Hawaii State Associafion of Counties
530 S. King Stroet, Rm 202
Honolulu, HI 96813
Re: Senate Bill No.1198 and Home Bill No. 723 "Relating to the Public Service
Company Tax" (2001 L~egfsbtlire, Sate of Hawaii
Dear Ivls. Manslro:
Recently, the Hawaii State Association of Coutltita ("HSAC") eadotsed as part of its
2001 legislative package the ptuposc and intent of bills which had not yet beat finalized, but
which in prtliminary form proposed to re-direct a portion of the public service company tax from
the State to the four counties.
At the time HSAC nude its endorsement, HSAC was unable to endorse say specific bills
since settlement negotiations amongst the four cotmties, the Stara administration, sad the major
public utilities statewide were still ongoing.
Settlaneat negotiations amongst the parties culminated in an agreement on or about
January l 8, 2001. As a result of this agreement, the State administration submitted two bills to
the 2001 Hawaii Legislature to implement the avenue-sharing scheme called for by the
settlement agreement.
Inasmuch es two bills to implement the settlement agteement have now been introduced
at the Legislature, Kauai County requests that HSAC consider providing endorsements of the
two measures to House Speaku Say and Senate President Bonds as soon as practicable. 'The
Couary further requests that its request be considered by HSAC's Executive Con'rmittee at its
meeting on Friday, February 9, 2001.
' FEB-00-2001 08:28 COLR~IfY OF KfY.pi
B08 241 6319 P.03/15
Ms. Rene Mansho -2- February 8, 2001
The two bills, House Bill N0.723 and Senate Bill No. 1198 are attached for your
infolmatioa and rrfereace.
1 apologize that 1 will sot be present is person to matte thu request, as l will be attending
Senate and House hearings alt these bills at the time of your sleeting.
Should you have any questions, please do sot hesitate to contact me on Kauai at
(808) 241-6315.
Very ~Y yours,
GALEN T. NAKAMURA
Deputy County Attorney
GTN:jg
eats.
FEH-0B-2901 08 28 COUNTY OF Kf~X1I B08 241 6319 P.04i15
~ ~Pl~ Page 1 of 6
Report Titlo:
[Click here and type Report Title (1 line limit)]
Descsipti.oa
[Click here and type Description (5 line limit)]
HOUSE OF REPRESENTATIVES 723
TWENTY-FIRST LEGISLATURE, ~ • B ¦ N O •
2001
STATE OF HAWAII
-~.n
A BILL FOR AN ACT
RELATING TO THE PUBLIC SERVICE COMPANX TAX.
BE IT ENACTED BY' rHE LEGLSLATORT OF THE STATE OF I3AWAII:
SECTION 1. The purpose of this Act is to effectuate an agreement
entered into by and among the State of Hawaii, the city ~ county of
Honolulu, the county of Maui, the county of Kauai, the county of
Hawaii, and a number of public service companies by providing for a
sharing of the public service company tax revenues with those
counties that establish by ordinance an exemption from real
property tax for public service companies. Although no party to the
agreement has made any admissions with respect to issues involved
in the pending litigation, one of the purposes of this Act is to
clarify the tax imposed by section 239-5(a), Hawaii Revised
Statutes, as a lawful exercise of the State's taxing authority, in
accordance with Article VIII, sections 3 and 6 of the Hawaii
Constitution.
SECTION 2. Section 239-4, Hawaii Revised Statutes, is amended to
read as follows:
FEg-eg-2~1 0g:2g CQMY OF KRLpI B08 241 6319 P.05i15
•rui template Page 2 of 6
"SZ39-4 P~tnras. Each public service company, on or before the
twentieth day of the fourth month following the close of the
taxable year, shall file with the office of the department of
taxation for the district within which the principal office of the
public service company is maintained a return in such form as the
department may prescribe, showing its taxable gross income for the
preceding taxable year. In case any public service company engages
in lines of business other than its public service company
business, the receipts therefrom shall not be subject to tax under
this chapter, but the same tax liabilities shall attach to the
public service company on account of the other lines of business as
would exist if no public service company business were engaged in.
In the case of a public utility subject to the rate of tax imposed
by section 239-5(a) or (b), if the public utility engages in lines
of business other than its public utility business the real
property used in connection with the other lines of business shall
be taxed in acaccordanee with the apg icable county tax ordinance,
the same as ~f no public utility business were done. in the case of
a public utiiitv~emittina payments to a county of a,por~on of the
revenues generated from the tax imposed_py section 239-5(a), the
pyb],ip utility shall•also file wig the director of finance of the
county to which such nabnent is gaid. a statement showing all gross
income from the public utility business upon which the tax is
calculated and xhe allocation of that gross income among the
counties."
SECTION 3. Section 239-5, Hawaii Revised Statutes, is amended by
amending subsection (a) to read as follows:
"(a) There shall be levied and assessed upon each public utility,
except airlines, motor carriers, common carriers by water, and
contract carriers taxed by section 239-6, a tax of such rate per
cent of its gross income each year from its public utility business
as shall be determined in the manner hereinafter provided. The tax
imposed by this section is in lieu of all taxes other than those
below set out, and is a means of taxing the [real property (owned
by the public utility or leased to it by a lease under which the
public utility is required to pay the texas upon the property), and
the] personal property of the public utility, tangible and
intangible, including going concern value. In addition ~o the tax
imposed by this chapter there also are imposed income taxes, the
specific taxes imposed by chapter 249, the fees prescribed by
chapter 269, any tax specifically imposed by the terms of the
public utility's franchise or under chapter 240, the use or
consumption tax imposed by chapter 238, and employment taxes.
The rate of the tax uoon_the arose income of thy.public utility
shall be ~,ur per cent, provided that if:
u A county provides by ordinance for a
real property tax exemption for real
FEH~~2001 0829 COLMY OF KfiLIRI 806 241 6319 P.06i1
~Pl~ Page 3 oY~
property used by a public utility in
its
g~lis utility business owned ~y the
public utility (ox leased to ~~,by a lease
ur+,y~ar which the public utili*~ is rq ~irgd
t0
paV the taxes uoon the nrogerty)
~ the county has not defied the
g~e~lption to the public utility, but
excluding a denial based upon a dispute as
to the ownership, lease,. or use of a
specific~arcel of real nron~_*_s•,
Men there shall be levied and assessed a tax in excess of the_foy~
percent rate determined in the manner hereinafter providedypon
the groas income allocable tQ such county,. The revenues generated
mom the t in excess of the four per Gant rate hereinbefore
established slysll be gaid by the oubl~.c utility direct_y to such
county based uoon the proportion of gross incolgy from its publi4
utility bu;mess attributable to such county, based upon the
allocation made in tl1~_pub11G utility's filingg_with the Statp ~
Hawaii, ovided that if the cross income from the public utility
business attributable to such_cqunty is ngt so allocat®d in the
public, utility's State filings, ther. the cross ingome from the
public utility business shah be equitably allocated to_each
county. Thg relative number of access lines in_each county sh~l]~~g
deemed an acceptaT~le basis of equitable allocation for
telecommunication companies.
The rate of the tax in excess Qf the four per cent rate
hereinbefore established upon the gross income [of] f=om the public
utility business shall be determined as follows:
If the ratio of the net income of the company to its gross income
is fifteen per cent or less, the rate of [the] tax y~@xcesa of the
four per cent rate on gross income shall be [5.885] 1.885 per cent;
for all companies having net income in excess of fifteen per cent
of the gross, the rate of the tax on gross income shall increase
continuously in proportion to the increase in ratio of net income
to gross, at such rate that for each increase of one per cent in
the ratio of net income to gross, there shall be an increase of
.2675 per cent in the rate of the tax.
The following formula may be used to determine the rate, >_n which
formula the term "R" is the ratio of net income to groas income,
and "X" is the required rate of the tax on gross income for the
utility in question:
X [(1.8725+26.758)] (26.758-2.1275)x;
provided that in no case governed by the formula shall "X" be less
than [5.885] 1,885 per cent or more than (8.2] 4_2 per cent.
FE~BO-2001 08:29 COLpJTY OF Kf~.IRI 8B8 241 6319 P.07i15
' HB umplate Page 4 of b
However, if the gross income is apportioned under section 239-8 (b)
or (c), there shall be no adjustment of the rate of tax on the
amount of gross income so apportioned to the State on account of
the ratio of the net income to the gross income being in excess of
fifteen per cent, and it shall be assumed in such case that the
ratio is fifteen per cent or less."
SECTION 4. Section 239-7, xawaii Revised Statues, is amended to
read as follows:
"5239-7 ]1sa~ssmants; paymaata; chapter 233 appliaabl~. (a) The tax
imposed by this chapter shall be assessed against each public
service company in the manner provided by this chapter, and shall
be paid to the department of taxation at the times[,] and in the
manner (in installments or otherwise) provided by this sections
except as provided in section 239-~(al, where there 3,g_1Qvied ~1
assessed a tax },n excess of four Der cent upon gross incglg4. the
revenues generated from the tax in excess c3,f the four per cent,r_ate
shall be Daid to the resDeetiye county director o~ #j.nance at the
times and in thG manner (in installments or otherwise) Droyi~(@~ ~y
this section.
(b) The total amount of the tax imposed by this Chapter shall be
paid on or before the twentieth day of the fourth month following
the close of the taxable year. The public service company may elect
to pay the tax in four equal installments, in which case the first
installment shall be paid on or before the twentieth day of the
fourth month following the close of the taxable year, the second
installment shall be paid on or before the twentieth day of the
sixth month following the close of the taxable year, the thizd
installment shall be paid on or before the twentieth day of the
ninth month following the close of the taxable year, and the fourth
installment shall be paid on or before the twentieth day of the
twelfth month following the close of the taxable year.
Notwithstanding the preceding, if the total tax liability under
this chapter for the taxable year exceeds 5100,000, the taxes so
levied shall be payable in twelve equal installments, in which case
the first installment shall be paid on or before the tenth day of
the first month following the close of the taxable year, and the
remaining installments shall be paid on or before the tenth day of
each calend8r month after such date. I! any installment is not paid
on or before the date fixed for its payment, the department or the
c~c,yn~~director of finance_,~ to y~~yments due the county under
section 239-51a), at [its] the election of the department or the
cry director, may cause the balance of the tax unpaid to become
payable upon not less than ten days' notice and demand, and this
amount shall be paid upon the date so fixed in the notice and
demand from the department or the county director_o~ finance as.f.4
~yments due to ~1t county.
(c) The department shall prescribe the forms in which returns shall
FEg-0g_2001 08:29 COLNTY OF Kf~.IRI 808 241 6319 P.08i15
" ~ temPlate Page 5 of 6
be made so as to reflect clearly the liability of each public
service company subject to this tax, and may provide in the forms
for such additional information as it may deem necessary. All
provisions of the laws, not inapplicable and not inconsistent with
this chapter, relating to returns for income tax purposes, the
assessment (including additional assessments), collection, and
payment (in installments or otherwise) of income taxes and the
powers and duties of the department and the State director of
finance 1n connection therewith, and relating to appeals from or
other adjustments of such assessments, limitation periods for
assessments, enforcement of attendance of witnesses, and the
production of evidence, examination of witnesses and records, the
effect of assessments, tax books, and lists and other official tax
records as evidence, delinquent dates and penalties, and the rights
and liabilities (civil and criminal) of taxpayers antl other persons
in connection with any matters dealt with by chapter 235, are made
applicable (1) to the taxes and the assessment, payment, and
collection thereof, provided by this chapter, and i2) to the
department and State director of finance in connection with the
taxes and the assessment, payment, or enforcement of payment and
collection thereof, and (3) to taxpayers and other persons affected
by this chapter, as the case may be. The provisions of chapter 235
regarding the limitation period for assessment and refunds shall
run from the filing of the return for the taxable year, or the due
date prescribed for the filing of the return, whichever is later.
Provi ed further. that with resgect to oa~nents due to a county of
the r venues venerated-from the tax in excess of the four ttez cent
rat posed under section 239_5!0, a coupty director of finance
.ball be affoFded such rights and procedures ~f the department in
th orcement of Davment and collection of the taxes assessed ~d
j<ygied under xhis chaflte~."
SECTION 5. Section 239-10, Hawaii Revised Statutes, is amended to
read as follows:
"§239-10 Diapoaitioa of raveauaa. All taxes collected under this
chapter shall be state realizations[.] Drovided that where a tax
in excess of the four per cent rate upon gro_Z~ incom¢ is levied an
~sessed under section 239-5(a), such tax revenues to be ~d to
the county shall be realizations of quch countv."
Section 6. Section 239-3, Hawaii Revised statutes, is repealed.
SECTION 7. Statutory material to be repealed is bracketed. New
statutory material is underscored.
SECTION 8. Transition period. Commencing with the July 2001
installmnnt of the remaining quarterly or monthly installments of
the tax upon gross income which has been levied and assessed £or
the calendar year 2001 under section 239-5(a), that portion of each
such installment that is described in Section 3 of this Act as the
tax in excess of the rate of four per cent that is paid to a county
FEB~B-2001 0830 COLNTY OF KfiLlq] B08 241 6319 P.09i1`.
' i~ template Page 6 of
if the county provides for a real property tax exemption for real
property used by a public utility in its public utility business,
shall be paid to the respective county director of finance as
provided in Section 3 of this Act. Provided that for the period
July 2001 through December 2001, if a public utility is not
required to pay to a particular county director of finance tax in
excess of the rate of lour per cent, as provided 1n Section 3 of
this Act, the public utility shall not be liable to the State or
respective county for such portion of the installments of the tax
imposed in excess of the rate of Pour per cent under section 239-5
(e) for the period July 2001 through December 2001.
Section 9. This Act shall take effect on July 1, 2001.
INTRODUCED SY:
FEB-x-2001 88:30 CDL~ITY OF KfYXaI 808 241 6319 P. SBi15
anliro Yage L ot6
Rfport Titlr:
[Click here aad type Report Title (l line limit)]
Dosariptiua:
[Click here and type Description (5 line limit)]
TTWESNTYA RST LEGISLATURE, S ~ B ~ ~ O . 1198
2001
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE PUBLIC SERVICE COMPANY TAX.
BE IT ENACTTLD BY THE LEGLSLATZJRE OF TFYE STATE OF AAWAII:
SECTION 1. The purpose of this Act is to effectuate an agreement
entered into by and among the State of Hawaii, the city & county of
Honolulu, the county of Maui, the county of Kauai, the county of
Hawaii, and a number of public service companies by providing for a
sharing of the public service company tax revenues with triose
counties that establish by ordinance an exemption from real
property tax for public service companies. Although no party to the
agreement has made any admissions with respect to issues involved
in the pending litigation, one of the purposes of this Act is to
clarify the tax imposed by section 239-5(a), Hawaii Revised
Statutes, as a lawful exercise of the State's taxing authority, in
accordance with Article VIII, sections 3 and 6 of the Hawaii
Constitution.
SECTION 2. Section 239'4, Hawaii Revised Statutes, is amended to
read as follows:
FEH~-2001 08:30 CAL~(TY OF KpJRI 808 241 6319 P.11/15
• SB1298 Page 2 of 6
"5239-4 il.turas. Each public service company, on or before the
twentieth day of the fourth month following the close of the
taxable year, shall file with the office o£ the department of
taxation for the district within which the principal office of the
public service company is maintained a return in such form as the
department may prescribe, showing its taxable gross income for the
preceding taxable year. In case any public service company engages
in lines of business other than its public service company
business, the receipts therefrom shall not be subject to tax under
this chapter, but the same tax liabilities shall attach to the
public service company on account of the other lines of business as
would exist if no public service company business were engaged in.
In the case of a public utility subject to the rate of tax imposed
by section 239-5(a) or (b), if the public utility engages in lines
of business other than its public utility business the real
property used in connection with the other lines of business shall
be taxed yp,accordance with the, applicable county tax ord~.nance.
the same as if no public utility business were done. In the CASE of
a pub_~ie utility Xemittina oavments to a county of a portion of t~lg
revenues generated from the tax imposed by section 239-5(ay, the
public utility shall also file with the director of financc_of the
countv_to which such payment j,~ paid. a statement showing all gross
inrgmA_.from the Qublic utility businesq upon which the tax is
calculated and the allocation of_that cross income among the
counties`. "
SECTION 3. Section 239-5, Hawaii Revised Statutes, is amended by
amending subsection (a) to read as follows:
"(a) There shall be levied and assessed upon each public utility,
except airlines, motor carriers, common carriers by water, and
contract carriers taxed by section 239-6, a tax of such rate per
cent of its gross income each year lrom its public utility business
as shall be determined in the manner hereinafter provided. The tax
imposed by this section is in lieu of all taxes other than those
below set out, and is a means of taxing the [real property (owned
by the public utility or leased to it by a lease under which the
public utility is required to pay the taxes upon the property), and
the] personal property of the public utility, tangible and
intangible, including going concern value. In addition to the tax
imposed by this chapter there also are imTosed income taxe3, the
specific taxes imposed by chapter 249, the fees prescribed by
chapter 269, any tax specifically imposed by the terms of the
public utility's franchise or under chapter 240, the use or
consumption tax imposed by chapter 238, and employment taxes.
~g rate of the taxsbpon the vross income of the e~blic utility
shall be _f our per cent, provided that if:
1.1.) A county provides,by ordinance _f pr ~
zee property tax exam tD ion_for meal
FEB-02001 08:31 CQIJTY ~ Kf~.pl 808 241 6319 P.12i1`_
• SB 1198 . , Page 3 of E
property~sed by a public utility in its
public uti~i~y business and owned by! the
uubli c uti li tv (or leas}l~! to i t by a lease
under which the public utility i reauired
to pay the taxes upgn the ,groperty), and
L2,Z the_sounty has not denied the
exemption ~.Q~,he public utility, but
excluding a den~at based upon a dispute a
to the ownership, lease, or use of n
s~ecific;~arcel of real property"
than there shall be lev_,~,ed and assessed a tax in e~ccess o_* the four
Aer cent rate determined in the manner hereinafter provided upon
the gross income allocable to such count The revenues generated
from the tax in excess o~,tYlt,four 8er cent rate herein etorc
established shall be paid b~ the public utility directly to such
county based upon the eroportion of_gross income from its pubes
utility 1?gsineas attributable to such county, based ton the
allocation made in__~$ public utility's filings with the tate~
Hawaii, provided that if the aro~s income from the public ut;lj„~.y
business attributab,~_to such county is not so allocated in the
publi4 utility's State filings, then the gross income from t]lg
public utility }~~~iness shall be equitably gllocated to each
co The relative number of access lines in each coyj}.ty~ shallot
g
deemed an a~gAgtabte basis of equitable all,oeation ~Q~
telecommunication companies.
The rate of the tax ;n y}~qg~ of the four per cent rate
hsseinbefore established upon the gross income [of] from the public
utility business shall be determined as follows:
If the ratio of the net income of the company to its gross income
is fifteen per cent or less, the rate of [the] tax in excess of the
dour per cent rate on gross income shall be [5.885) 1.885 per cent;
for all companies having net income in excess of fifteen per cant
of the gross, the rate of the tax on gross income shall increase
continuously in proportion to the increase l.n ratio of net income
to gross, at such rate that for each increase of one per cent in
the ratio of net income to gross, there shall be an increase of
.2675 per cent in the rate of the tax.
The following Formula may be used to determine the rate, in which
formula the term "R" is the ratio of net income to gross income,
and "X" is the required rate of the tax on gross income for the
utility in question:
X~[(1.8725+26.75R)] L6.75R-2.1275)$;
provided that in no case governed by the formula shall "X" be less
than [5.885] 1.885 per cent or more than [8.2] y.,s per cent.
FEB-0B-2001 08 31 C~JTY OF Kf~Jpl B08 241 6319 P.13i15
SB 1198 Page 4 of 6
However, if the gross income is apportioned under section 239-8 (b}
or (c}, there shall be no adjustment of the rate of tax on the
amount of gross income so apportioned to the State on account of
the ratio of the net income to trie gross income being in excess of
fifteen per cent, and it shall be assumed in such case that the
ratio is fifteen per cent or less."
SECTION 4. Section 239-7, Hawaii Revised Statues, is amended to
read as follows:
"5239-7 Assasemmats; paymeata; chapter 235 applicable. (a) The tax
imposed by this chapter shall be assessed against each public
service company in the manner provided by this chapter, and shall
be paid to the department of taxation at the times[,] and in the
manner tin installments or otherwise) provided by this sections
except as provided in section 239-5(a), w~gre there is levied and
assessed a tax in excess of four_per cent upon~ross income L the
r4penues generated from the tax in excess of the ~qur per cent rate
shall be paid to the respective county director of finance at the
S.llu~&,~d in the manner ji,~ installments or otherwise provided by
this section.
(b) The total amount of the tax imposed by this chapter shall be
paid on or before the twentieth day of the fourth month following
the close of the taxable year. The public service company may elect
to pay the tax in four equal installments, in which case the first
installment shall be paid on or before the twentieth day of the
fourth month following the close of the taxable year, Ghe second
installment shall be paid on or before the twentieth day of the
sixth month following the close of the taxable year, the third
installment shall be paid on or before the twentieth day of the
ninth month following the close of the taxable year, and the fourth
installment shall be paid on or before the twentieth day of the
twelfth month following the close of the taxable year.
Notwithstanding the preceding, if the total tax liability under
this chapter for the taxable year exceeds 5100,000, the taxes so
levied shall be payable ir. twelve equal installments, .n which case
the first installment shall be paid on or before the tenth day of
.he first month following the close of the taxable year, and the
remaining installments shall be paid on or before the tenth day of
each calendar month after such date. If any installment is not paid
on or before the date fixed for its payment, the department or the
cgylnty director of finance as to pavmerit~ due the counter under
section 239-5(e), at (its] ~g election Qf the department or the
count} director, may cause the balance of the tax unpaid to become
payable upon not less than ten days' notice and demand, and this
amount shall be paid upon the date so fixed in the notice and
demand from the department or the county direGtor__of finance as to
~avments due to the Goun
(c) The department shall prescribe the forms in which returns shall
F®-08-2001 BB~32 CQNfY ~ KfY~ii BBB 241 6319 P.14/15
• SB 1198 Psge 5 of 6
be made so as to reflect clearly the liability of each public
service company subject to this tax, and may provide in the forms
for such additional information as it may deem necessary. All
provisions of the laws, not inapplicable and not inconsistent with
this chapter, relating to returns for income tax purposes, the
assessment (including additional assessments), collection, and
payment (in installments or otherwise) of income taxes and the
powers and duties of the department and the State director of
finance in connection therewith, and relating to appeals from or
other adjustments of such assessments, limitation periods for
assessments, enforcement of attendance of witnesses, and the
production of evidence, examination of~witnesses and records, the
effect of assessments, tax books, and lists and other official tax
records as evidence, delinquent dates and penalties, and the rights
and liabilities (civil and criminal) of taxpayers and other persons
in connection with any matters dealt with by chapter 235, are made
applicable (1) to the taxes and the assessment, payment, and
collection thereof, provided by this chapter, and (2) to the
department and the State director o£ finance in connection with the
taxes and the assessment, payment, or enforcement of payment and
collection thereof, and (3) to taxpayers and other persons affected
by this chapter, as the case may be. The provisions of chapter 235
regarding the limitation period for assessment and refunds shall
run from the filing o° the return for the taxable year, or the due
date prescribed for the filing of the return, whichever is later.
Provided further, that with respect to~gymp~g due to a county of
tkye revenues generated from th8 tax in excess of the four g~~cent
rate imposed under section 239-5(a), a c,DUar~ director of finance
shall bedforded such rights and procedures, p€ the department in
the enforcement of.oavment and cg1lection of the taxes asses,~ed and
levied under this chapter."
SECTION 5. Section 239-10, Hawaii Revised Statutes, is amended to
read as follows:
"5239-10 Diapoaitson of rovonn~s. All taxes collected under this
chapter shall be state realizationsL•l ~ provided that where a tax
in excess ~ the four_ger cent rate upon gross income is levi~#cL~
assessed under seetson 239-5(a), such tax revenues to be paid to
~_Gp~ty shall be realizations of such county."
Section 6. Section 239-3, Hawaii Revised Statutes, is repealed.
SECTION 7. Statutory material to be repealed is bracketed. New
statutory material is underscored.
SECTION 8. Transition period. Commencing with the July 2001
installment of the remaining quarterly or monthly installments of
the tax upon gross income which has been levied and assessed fox
the calendar year 2001 under section 239-5(a), that portion of each
such installment that is described in Section 3 of this Act as the
tax in excess of the rate of four per cent that is paid to a county
FEB-89-2091 08 32 COMITY OF KAL~II 808 241 6319 P.SSi1`_
SB1198 _ ~a~e 6 of
if the county provides for a real property tax exemption for real
property used by a public utility in its public utility business,
shall be paid to the respective county director of finance as
provided in Section 3 of this Act. Provided that for the period
July 2001 through December 2001, if a public utility is not
required to pay to a particular county director of finance tax in
excess of the rate of four per cent, as provided in Section 3 of
this Act, the public utility shall not be liable to the State or
respective county for such portion of the installments of the tax
imposed in excess of the rate of four per cent under section 239-5
(a) for the period July 2001 through December 2001.
Section 9. This Act shall take effect 4n July 1, 2001.
INTRODUCED BY:
+_k - a1 l••u'f 161.-s 1~T _"-J~1k}.~}iYr 'A~*(.~! Ai-P~-~ ~ _
~ F ~
~~~19 a ~
G~ ~ ~
Kauai County
2001
Legislative Package
Submitted by: Mayor Maryanne Kusaka
Council Chair Ron Kouchi
Vice Chair Randal Valenciano
Councilmember Bill "Kaipo" Asing
Councilmember Bryan Baptiste
Councilmember Gary Hooser
Councilmember Daryl Kaneshiro
Councilmember James Kunane Tokioka
2001 KAUAI COUNTY
LEGISLATIVE PACKAGE
CAPITAL IMPROVEMENT PROJECTS:
1. CIP PROJECTS DIRECTLY BENEFITING
STATE PROGRAMS (100$ STATE FUNDING) - PRIORITY I
2. OTHER KAUAI COUNTY CIP PROJECTS
(50$ MATCHING) - PRIORITY II
]001 1C]?IIAI COUNTY LEOiISL11TIV8 PACK1?(iE
OTSiR SUPPORT 1~A8VRE8
(TO BE INTRODUCED BY HSAC, OTHER COUNTIES,
OR STATE ADMINISTRATION)
1. A BILL FOR AN ACT RELATING TO STATE AND COUNTY
TORT LIABILITY
(Amends Chapter 663, H.R.S.)
2. A BILL FOR AN ACT RELATING TO LIMITED LIABILITY
FOR COUNTIES
(Amends Chapter 46, H.R.S.)
3. A BILL FOR AN ACT RELATING TO THE PUBLIC SERVICE
COMPANY TAX
(Amends Chapter 239, H.R.S.)
4. A BILL FOR AN ACT RELATING TO PUBLICATION OF NOTICE
(Amends Chapter 1-28.5, H.R.S.)
5. A BILL FOR AN ACT RELATING TO LIABILITY
(Amends Chapter 663, H.R.S.)
6. A BILL FOR AN ACT RELATING TO MOTOR VEHICLES
(Amends Chapter 291-D, H.R.S.)
(COK2001)
2001 KAUAI COUNTY LEGISLATIVE PACKAGE
Listed below is the final prioritized 2001 Kauai County
Legislative Package approved by the Council and the
Administration for the fiscal year 2001-2002.
PRIORITY I. CIP PROJECTS DIRECTLY BENEFITING STATE PROGRAMS
A. Regional Stadium Complex
(Department of Education) $1,500,000
Antone Vidinha Stadium
(Baseball Lighting and Grandstand
Improvements $800,000;
Rubberized Track $700,000)
B. Waimea High School/District Swimming Pool
(Department of Education) 550,000
C. Kokee Road Safety Improvements (DOT/DLNR)
(Realignment/Reconstruction Portion) 600,000
PRIORITY II. OTHER COUNTY CIP PROJECTS
A. Solid Waste Facilities $1,340,000
(Plans, New Disposal Facility $840,000)
(Land Acq., Auto Recycle Center $500,000)
B. Waimea Sewer System 200,000
(Update Facilities Plan and
Upgrade Effluent Quality for Reuse)
C. Kauai Civic Center - Phase IIIB 1,920,000
(Renovation Plans, Construction)
D. Lihue Sewer System 900,000
(Rehabilitate Anaerobic Digester,
Upgrade Marriott Pump Station,
Chlorination System Upgrade,
Kapaia Pump Station Odor Control)
E. Hanapepe Stadium Sport Complex 500,000
(Roadway/Parking Improvements,
Relocation of Little League Field,
Parking, Irrigation for Soccer Field)
F. Wailua/Kapaa Sewer System 350,000
(Relief Sewer Line to WWTP,
Wailua System Odor Control)
G. Drainage Master Plan 300,000
(Kapaa/Wailua Area)
(COK2001)
.B. NO.
A BILL FOR AN ACT
PROVIDES FOR OPERATING AND CAPITAL IMPROVEMENT APPROPRIATIONS AND
AUTHORIZATIONS FOR THE EXECUTIVE $RANCH FOR THE FISCAL YEAR
2001-2002.
BE Tf ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The state budget director is authorized to issue
2 an appropriation for fiscal year 2001-2002, for the following
3 projects for the Department of Education, Department of Land and
4 Natural Resources, and Department of Transportation to include
5 improvements to county of Kauai Facilities in their respective
6 budgets:
7 FY 2001-02
8 DEPARTMENT` OF EDUCATION
9 A. REGIONAL STADIUM COMPLEX $1,500,000
10 ANYONE VIDINHA STADIUM COMPLEX
11 (Baseball Lighting and Grandstand
12 Improvements-$800,000, Rubberized Track-$700,000)
13 Plans and development of 10 acre stadium complex.
14 Improvements over the next six (6) years to include renovation
15 of football/soccer field, new baseball field lighting,
16 construction of 400 meter rubberized track at existing stadium
17 complex. Development of 10 acre site to include site grading,
COK2(N) I -01
PRIORI f Y I
Page 2 . B . N O .
1 utilities and drainage, landscaping, construction of tennis
2 courts, 50 meter swimming pool, multi-purpose gymnasium/arena,
3 locker room, restroom facilities and additional parking.
4 Improvements would attract tournaments and semi-pro and
S professional sports and a more competitive atmosphere for the
6 school track events.
7 B. WAIMEA HIGH SCHOOL/DISTRICT SWIMMING POOL $550,000
S (Renovation-100$)
9 Plans/Design $50,000
10 Construction $550,000
11 This project consists of restoring and renovating a 33-year
12 old pool to meet Department of Health regulations (replacing
13 entire plumbing system, re-plastering pool shell, re-molding
14 chlorination room, replacing diving boards and ladders, installing
15 handicap ramp and lift, and installing new chlorination system).
16 The Waimea Swimming Pool is utilized by hundreds of students from
17 Waimea High School for their physical education and athletic
18 departments. Renovations and improvements are needed to comply
19 with health and federal regulations. Currently, the Waimea pool
20 is the only county pool available for the public usage on the
21 westside of Kauai.
COK2001-OI
PRIORII']' 1
Page 3 . ~ , w , O .
1 DEP7IRT!!~1'P OF TRIINSPORI?TION/DEPART!!~1'P OF I.nND 4 NATURAL RESOURCES
2 C. KOKEE ROAD SAFETY IMPROVEME2ITS & EMERGENCY ESCAPE RAMPS
3 (Realignment and Reconstruction of Portion-100$) $600,000
4 Plans, right-of-way acquisition, realignment, widening,
5 construction, reconstruction and safety improvements to Kokee Road
6 to escape ramps. Kokee state Parks and Waimea Canyon are the most
7 publicized and frequented attractions on Kauai. Kokee Road is the
8 major access to the state Park and also to federal installations
9 located on the Kokee Road. The roadway has a narrow pavement
10 section, steep grade, narrow shoulders, including emergency escape
11 ramps, widen, realign, or reconstruction of the roadway and safety
12 improvements, such as guardrails and drainage improvements.
13 SECTION 2. The sum appropriated shall be expended by the
14 state budget director for the purposes of this Act.
15 SECTION 3. This Act shall take effect on July 1, 2001.
16
17 INTRODUCED BY:
COK200I-0I
PRIORITY 1
.B. NO.
A BILL FOR AN ACT
AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND MAKING
AN APPROPRIATION FOR THE COUNTY OF KAUAI CAPITAL
IMPROVEMENT PROJECTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The director of finance is authorized to issue
2 general obligation bonds in the sum of $5,510,000 or so much
3 thereof as may be necessary, to be appropriated for fiscal year
4 2001-2002, for the following projects for the County of Kauai:
5 FY 2001-02
6 A. SOLID WASTE FACILITIES $1,340,000
7 (Plans, New Disposal Facility $840,000)
e (Land Acquisition - Auto Recycle Center $500,000)
9 PLANNING FOR FUTURE SOLID WASTE DISPOSAL CAPACITY
10 Phase II of the Kekaha Landfill opened for operation on
11 October 8, 1993 with a design capacity to take an approximate
12 536,000 tons of waste. Although the County of Kauai is actively
13 engaged in waste diversified efforts, such as recycling, by
14 September 1996 Kekaha Phase II was filled to approximately 78~ of
35 the design capacity. Hurricane debris composed 408 of the waste
16 landfilled up to September 1996. Vertical expansion within the
COK2001-02
PRIORI'CY II
Page 2 . B. N O.
1 existing landfill footprint is expected to add another 4 to 5
2 years' capacity.
3 Landfilling is the primary means of solid waste disposal on
4 Kauai. With the implementation of Subtitle D of RCRA, costs and
5 liabilities associated with landfilling have escalated
6 significantly (approximately $118 per ton of waste disposed).
7 The proposed planning study will examine the costs/benefits
8 of continued landfilling versus development of alternative
9 disposal methods and recommend a specific course of action for
10 having a new disposal capacity online when Kekaha Phase II
11 Landfill reaches capacity. Included, will be a siting study to
12 identify and evaluate sites suitable for the selected disposal
13 capacity, considering such factors as regulatory requirements,
14 centroid of waste generation, hauling distance, environmental
15 protection and socio-economic considerations. Once a suitable
16 disposal capacity is identified and legislative approvals are
17 received, an environmental assessment will be conducted with
18 land acquisition, design and construction to follow.
19 Construction of the new landfill will be phased. Initial
20 construction will include necessary infrastructure to commence
21 landfill operations including initial capacity for solid waste
22 liner and leachate management, scales, office area, maintenance
COK2001A2
PRIORITY II
Page 3 . ~ . ~ O .
1 facilities, etc. New cell construction will be phased every four
2 years to provide additional capacity for MSW. The planned
3 phased landfill will have ultimate capacity for 30 years of
4 refuse, considering current and anticipated intake volumes.
5 PROJECT ANTICIPATED EXPENDITURES YEAR
6 STUDY $ 840 2001-2002
7 SITE ACQUISITION 6,000 2002-2003
S DESIGN AND CONSTRUCTION 8,400 2003-2004
9 FUTURE AUTO RECYCLING CENTER
10 Kauai's population produces approximately 1400 junk vehicles
11 each year or approximately four junk vehicles each day. At this
12 accumulation rate, there is an urgent need for an economical
13 solution for disposal of Kauai's junked vehicles. State law has
14 prohibited the disposal of junk vehicles and white goods in
15 landfill operations; therefore junk vehicles must be shipped off
16 island to metals recycling companies by the safest and most
17 economical methods.
18 Junk vehicles must be processed in order to be shipped or
19 transported off island. Processing includes, but is not limited
20 to, removal of the junk vehicles' gasoline, oil, and battery.
21 Masterworks, Kauai's only facility permitted to accept and
22 process junk vehicles, white goods and scrap metal, was shut
COK2001-02
PRIORITY II
Page 4 , g , N O .
1 down in late January, 1996. Since Masterworks shut down, there
2 has been a rising occurrence of illegal dumping of junk vehicles
3 island-wide. Junk vehicles, which are usually illegally dumped
4 or abandoned, contain the battery, gasoline, and oil.
5 There is an urgent need for a permanent facility to
6 constantly process junk vehicles generated on Kauai.
7 Accumulation and intermittent processing of junk vehicles is an
e adequate long-term method of handling Kauai's junk vehicle
9 disposal needs. State Department of Health (DOH) temporary junk
30 vehicle storage site permits also require progress on the
11 establishment of a long-term junk vehicle processing site, or
12 temporary storage permits will be revoked.
13 The County plans to develop an "Auto Recycling Center"
14 (ARC) to serve as a permanent site for processing of junk
15 vehicle, white goods and other scrap metals. The facility will
16 exemplify recycling and enable an efficient and economical means
17 to ship junk vehicles, white goods and scrap metals to
18 off-island recycling companies.
19 Site selection and construction of necessary infrastructure
20 is complete. Breakdown for anticipated expenditure is as
21 follows:
COK2001-02
PRIORITY II
Page 5 , g . N O .
1 PROJECT ANTICIPATED EXPENDITURE YEAR
2 AUTO RECYCLING CENTER $500,000 2001-2001
3 B. WAIMEA SEWER SYSTEM $200,000
4 (Update Facilities Plan and Upgrade
5 Effluent Quality for Reuse)
6 Chapter 62, Wastewater Systems of the State Department of
7 Health's Administrative Rules, Title II, requires that public
8 wastewater treatment works initiate facilities planning work when
9 the actual flow at the treatment plant reaches 758 of the design
10 capacity. The wastewater flows to the Waimea Wastewater Treatment
11 Plant is nearing 908 of the design capacity. The County received
12 an unsatisfactory rating from the Department of Health for
13 violation of its administrative rule. Another urgent need is to
14 plan for disposal of the additional effluent by upgrading the
15 effluent quality for reuse through Kikiaola's proposed master plan
16 land use change.
17 Existing collector sewer lines within the Waimea area will
18 need to be inspected and repaired as necessary. Since a high
19 ground water table is encountered in this area, excessive
20 infiltration will cause additional plant capacity problems.
21 C. KAUAI CIVIC CENTER - PHASE IIIB $1,920,000
22 (Renovation Plans, Construction)
COK2001-02
PR10RT1'Y II
Page 6 . ~ . w , O .
1 For FY 2001-02, $1,920,000 will be utilized for Phase III-B
2 of the Civic Center renovations. Phase III-B will provide
3 office space for County agencies.
4 For FY 2002-03, $600,000 will be utilized for Phase III-C,
5 improvements to the Historic County Building to provide offices
6 for Council Services and the Council Chamber.
7 For FY 2003-04, $300,000 will be utilized for a master
e plan, and design for a total Kauai Civic Center (Phase IV). As
9 conceived by this master plan, a civic center for Kauai will
10 eventually encompass all State and County buildings between
11 Hardy and Rice Streets, and Kuhio Highway and Umi Street. Site
12 and facilities development designated in the mater plan will
13 incorporate site improvements within the entire complex,
14 including a new parking layout, extensive landscaping, traffic
15 pattern renovations, and utility improvements. Facilities to be
16 improved will involve the Lihue Shopping Center structure, the
17 Historic County Building, and the County Building Annex I. This
18 project also includes construction plans and construction cost.
19 For FY 2004-05, $1,000,000 will be utilized to complete the
20 construction for Phase IV.
COK2001-02
PR1ORI7'Y II
Page 7 . B . N O .
1 ESTIMATED COSTS AND PROPOSED FUNDING
2 STATE
3 Required - Phase III-B $960,000 Design/Construction
4 Required - Phase III-C $1,300,000 Design/Construction
5 COUN'T'Y
6 County Phase III-CIP $960,000 Design/Construction
7 D. LIHUE SEWER SYSTEM $900,000
8 (Rehabilitate Anaerobic Digester,
9 Upgrade Marriott Pump Station,
10 Chlorination System Upgrade, Kapaia
11 Pump Station Odor Control)
12 In keeping abreast with stringent Department of Health
T3 regulations regarding the safe operation of wastewater treatment
14 plants, the rehabilitation of the secondary anaerobic digester,
15 upgrading the Marriott pump station and plant chlorination
16 system, and implementation of odor controls for the Kapaia sewer
17 pump station must commence soon.
TS With the expansion of the Lihue Wastewater Treatment Plant
19 to 2.5-mgd capacity in 1996, collector sewer lines must be
20 installed in non-sewered residential and commercial areas. The
21 expected increase in population in the Lihue District will
22 necessitate the eventual increase in plant capacity; this will
COK2001-02
PRIORITY II
Page 8 . B . N O .
1 require updating the facilities plan in conjunction with the
2 Island's General Plan update.
3 Anticipation of additional Department of Health regulations
4 on the Island's wastewater treatment plant operations will
S require a larger modernized chemistry laboratory for sampling
6 and testing the treated water to comply with federal regulated
7 standards on effluent discharges into the environment.
8 E. HANAPEPE STADIUM SPORTS COMPLEX $500,000
9 (Roadway/Parking Improvements,
10 Relocation of Little League Field,
11 Parking, Irrigation for Soccer Field)
12 The Hanapepe Sports Complex is comprised of 14 acres and
13 serves as a regional facility for West Kauai. Adults, High
14 School, and youth organizations utilize the various sports
1S fields at this Complex. Recently, six (6) acres of the sports
16 complex was cleared of overgrowth and was grassed. The proposed
17 improvements called for in the next six years will complete the
18 implementation of the sports complex master plan.
19 ESTIMATED COSTS ARE:
20 2001-02 DESIGN/CONSTRUCTION ROADWAY/PARKING $500,000
21 Roadway/Parking improvements (includes relocation of
22 Little League Field and Irrigation System for Soccer Field)
COK2001-02
PRIORITY II
Page 9 . ~ . ~ O .
1 F. WAILUA/KAPAA SEWER SYSTEM $350,000
2 (Relief Sewer Line to WWTP,
3 Wailua System Odor Control)
4 Immediate needs are to provide a relief sewer line leading to
5 the Wailua Wastewater Treatment Plant to eliminate raw sewage
6 spills. Pursuant to the State department of Health's policy on
7 effluent reuse and to ensure R-2 quality water for the County's
8 Wailua Golf Course, the plant's effluent filter system must be
9 upgraded or replaced.
10 In addition, a new Wailua-Kapaa Wastewater Facilities Plan,
11 in conjunction with the County's General Plan Update, must be
12 programmed and implemented for the near future. Accordingly,
13 plans and construction to collect sewers for the non-sewered
14 sub-areas of Kapaa Town must continue. The Coco Palms SPS and
15 the Wailua Wastewater rapid-bloc plant must also be upgraded and
16 rehabilitated to accommodate the increased sewer capacities.
17 G. DRAINAGE MASTER PLAN $300,000
18 (Rapaa/Wailua Area)
19 The County's comprehensive zoning ordinance requires the
20 development of a detailed drainage masterplan to supplement the
21 General Plan. With the completion of the masterplan, a sound
ZZ capital improvement program can be formulated. Also, the
COK2001-02
PRIORITY II
Page 10 . ~ . w ' O .
1 masterplan will be useful for various agencies in their review
2 of new subdivision and building developments. The drainage
3 masterplan will include boundaries of watersheds 100 acres or
4 larger, stream capacities, limitations on existing channel
5 capacities, proposed channel modifications, and new drainage
6 facilities and appurtenances.
7 First order of work on developing a drainage masterplan is
e to prepare and develop ortho-photo maps for the urban areas of
9 Kauai. Ortho-photo mapping for the major urban areas, namely
10 Kealia-Kapaa, Wailua; Hanamaulu-Lihue-Nawiliwili; Kalaheo-Lawai-
11 Koloa-Poipu; and Kekaha-Waimea-Hanapepe-Eleele are completed.
1Z The use of the ortho-photo maps is immeasurable. The maps
13 facilitate design work for improvements to roadways, drainage,
14 sewers, and water facilities. Comprehensive planning for these
15 facilities cannot be completed without adequate mapping that
16 provides ground topography. The necessity of these maps was
17 demonstrated by the participation of the State of Hawaii,
18 Highways Division for mapping the areas.
19 Second order of work is to develop a Drainage Design Manual
20 to replace the Storm drainage Standards in use today. The
21 purpose of the Manual is to establish County Storm Water
22 Management objectives, principles and design consideration. The
cox2ool-oz
PRIORITY II
Page 11 . ~ . ~ O .
1 Manual will provide objectives and principles to handle the
Z infrequent storms for protection of property and life and the
3 frequent storms to minimize inconveniences or disruption of
4 activities. The Manual will provide design considerations for
5 hydrologic and hydraulic reporting including criteria and
6 methodology for developing detention basins.
7 Once the Drainage Manual has been developed and accepted by
8 the County, the next order of work will be to develop the
9 masterplan of drainage and flood control systems for the urban
30 areas of Kauai. The masterplan will be developed for the urban
11 areas of Kapaa, Lihue, Poipu, Kalaheo, Hanapepe, Waimea, and
1Z Kekaha.
13 PRELIMINARY COST ESTIMATES AND PROPOSED SCHEDULE
14 1997-2000 Drainage Manual $ 300,000
15 2001-2002 Kapaa-Wailua Drainage Masterplan 300,000
16 2002-2003 Hanamaulu-Lihue-Puhi Masterplan 300,000
17 2003-2004 Poipu-Koloa Masterplan 250,000
18 2004-2005 Kalaheo Masterplan 300,000
19 2005-2006 Hanapepe-Eleele Masterplan and
ZO Waimea-Kekaha Masterplan 400,000
21 TOTAL $1,850,000
COK2001-02
PRIORITY II
Page 12 . ~ . w , O .
1 SECTION 2. The sum appropriated shall be expended by
2 the county of Kauai for the purposes of the Act.
3 SECTION 3. This Act shall take effect on July 1, 2001.
4
5
COK2001-02
PRIORI'CY li
J. CURTIS TYLER, III . ;~.=r• Bus (808) 327-3666
l ree (-hair Fax (808) 326-5697
Orerrrrr N (Nnrrh Aonar cttiienn interpsc nct
HAWAII COUNTY COUNCIL
February 8, 2001
TO. HSAC Executive Board Me ber
FROM• J. Curtis Tyler, III
Vice Chau VVV
RE. NACo Western Intersta egion Conference
Promotion at Washington, D C
March 2-6, 2001
This is to remind you that Hawaz`i County will be promoting the Western Interstate Region
Conference to be held from May 23-26, 2001, at an exhibit booth at the Washington Hilton & Towers.
The Hawaii Visitor and Conventions Bureau based in Washington D C will assist us with the
tabletop scenic display, hula dancers, brochures and macadamia nut candies. We are also obtaining
donations of flowers, chocolate covered mango, macadamia nut brittle, and aloha stickers for
conference-wide distribution Hawaii County has purchased Hawaii postcards, Kona coffee candies
and coconut candies as handouts We also would be grateful for any help you can offer in the booth
With regard to the VIP packages which we will be distnbuting. Maur Counry and Kauai County will
be providing cookies Our County has arranged for donations of confections, cookies, Kona coffee
and other snack items. Any other local products will be appreciated and should be sent c/o Liana Cox-
Ishizu or Rory Flynn at the Washington Hilton & Towers The VIP packages from HSAC will be
delivered to the NACo officers, key NACo staff, and W[R officers Please contact Rory with the
names of other VIPs you wish to include, such as your standing committee chairs.
We have arranged for specially designed WIR 2001 Conference t-shirts and polo shirts that will be
sold at the Legislative Conference and at the WIR Conference itself
Mahalo nui loa for your kokua
Should you have any questions, please contact Rory at (808) 961-8564
Kona Council OfR~c 77-6399 Nalam Strcer • Swtc 104 • Kadua-Kona • Hawar i • 96740.8980
.;r... V J
J. CURTIS TYLER, HI Bus• (808) 326-5684
Counrll Membrr Ftuc (8081326-5697
DLsrelrt 8 /NonA Kona/ c[yle~(a1mtc~pac nLK
HAWAII COUNTY COUNCIL
Febniary 2, 2001
John C. Yoshimura, Council Chatr
City and County of Honolulu
City Hall
Honolulu, HI 96713
Dear Council Chatr Yos ura•
RE. 2001 Western Interstate Region Conference
May 23-26, 2001
Waikoloa, Hawaii
This is to request your assistance in providing one clerical staff for the 2001 Western
Interstate Region Conference to be held from May 23-26, 2001 at the Hilton Waikoloa
Village ResoR. This person will be staffing the registration desk and assisting in the
other parts of the conference We, through NACo, will waive the registration fees for
every day that person works at the conference.
Please inform Legislative Auditor Connie Ktnu at (808) 961-8388 of the staff person
who will be helping us at the conference. The person's name will be added to our
registration waiver list. Thank you in advance for your assistance. If you need more
information, please do not hesitate to contact Connie.
S cere x
i
1 i Tyler, III
Vice Chair
Hawaii County Council
Hawaii State Association of Counties
Kone Council Office 77fi399 Nelem Street • Smte 104 • KeOua-Kona • Hawat'~ • 96740-8980
~W :~y
J. CURTIS TYLER, II[ Bus (808) 326-5684
Counrd kfember Fax (808) ]26-5697
Dafnr(8 /Nor lh kona/ ~ dyla(a~mlapec nel
h~~d
HAWAII COUNTY COUNCIL
February 2, 2001
Patrick S Kawano, Council Chair
Maui County Council
200 South High Street
Wailuku, HI 96793
Dear Council Chair Kano.
RE. 2001 Western Interstate Region Conference
May 23-26, 2001
Waikoloa, Hawaii
This is to request your assistance in providing one clerical staff for the 2001 Western
Interstate Region Conference to be held from May 23-26, 2001 at the Hilton Waikoloa
Village Resort This person will be staffing the registration desk and assisting in the
other parts of the conference We, through NACo, will waive the registration fees for
every day that person works at the conference
Please inform Legislative Auditor Connie Kiriu at (808) 961-8388 of the staff person
who will be helping us at the conference. The person's name will be added to otu
registration waiver list Thank you in advance for your assistance. If you need more
information, please do not hesitate to contact Connie.
Smcerel ,
J ~i
J. urti Tyler, lit '
Vice it
Hawaii County Council
Hawaii State Association of Counties
Kona Council Ottice 77-6799 Nalem Strew • Sune 104 • Kailua-Kona • Hawa~'~ • 96740-8980
.~r-r,~
J. CURTIS TYLER, iii Bus (808) 326-5684
Caunrrl Mtmber Fax (808)326-5697
Uarnef 8 fh'm fh Anna/ ~ ctyle~a;mlapac na
HAWAII COUNTY COUNCIL
February 2, 2001
Ronald Kouchi, Council Chair
Kauai County Council
4396 Rice Street, Room 206
Lihue, HI 96766
Dear Council Chair hi:
RE 2001 Western Interstate Region Conference
May 23-26, 2001
Waikoloa, Hawaii
Tlus is to request your assistance in providing one clerical staff for the 2001 Western
Interstate Region Conference to be held from May 23-26, 2001 at the Hilton Waikoloa
Village Resort. This person will be staffing the registration desk and assisting in the
other parts of the conference We, through NACo, will waive the registration fees for
every day that person works at the conference.
Please inform Legislative Auditor Connie Kiriu at (808) 961-8388 of the staff person
who will be helping us at the conference. The person's name will be added to our
registration waiver list. Thank you in advance for your assistance. If you need more
information, please do not hesitate to contact Conroe.
"ncerely,
J rti Tyler, II
Vice air
Hawaii County Council
Hawaii State Association of Counties
Kona Council OIFce 77-6799 Nalant Street • Swte 104 • Katlue-Kona • Hawei't • 96740-89R0
CITY COUNCIL
CITY AND COUNTY OF HONOLULU
''*.I...•'`• HONOLULU, HAWAII NO. O~_
RESOLUTION
CONCERNING THE HAWAII STATE ASSOCIATION OF COUNTIES' NOMINATIONS
TO THE NATIONAL ASSOCIATION OF COUNTIES BOARD OF DIRECTORS.
WHEREAS, the Hawaii State Association of Counties (HSAC)
annually has nominated two members to serve on the Board of
Directors of the National Association of Counties (NACo); and
WHEREAS, one of the nominees serves as HSAC's representative
and the other, who must be from a minority ethnic group, serves
in an at-large capacity; and
WHEREAS, HSAC's current representatives on NACo's Board of
Directors for FY 2001 are•
HSAC Representative Ron Kouchi, Kauai Council Chair
Minority At-Large Dennis Nakamura, Maui
Councilmember;
and
WHEREAS, Dennis Nakamura is no longer a member of the Maui
Council; and
WHEREAS, the HSAC Executive Committee therefore nominates J.
Curtis Tyler, Hawaii Councilmember to fill the Minority At-Large
position on NACo's Board of Directors; and
WHEREAS, HSAC has been awarded a third seat on the NACo
Board of Directors because it is among the state associations
that have managed to gain one hundred percent participation of
the state's respective counties; and
WHEREAS, the HSAC Executive Committee nominates G. Riki
Hokama, Maui Councilmember, to serve on the additional NACo Board
of Directors position; now, therefore,
OCS00059.R01
COUNCfl.
CITY COUNCIL
CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII N0. 0~~
RESOLUTION
BE IT RESOLVED by the Council of the City and County of
Honolulu that the following nominations to the NACo Board of
Directors are approved for the remainder of the fiscal year:
Minority At-Large J. Curtis Tyler, Hawaii
Councilmember
HSAC Representative G. Riki Hokama, Maui Councilmember
BE IT FURTHER RESOLVED that Ron Kouchi, Kauai Council Chair,
who was previously approved, shall continue to serve for the
remainder of the fiscal year; and
-2-
RESOLUTION
BE IT FINALLY RESOLVED that the Clerk is directed to
transmit a copy of this Resolution to the President of the Hawaii
State Association of Counties.
INTRODUCED BY:
~,L~L,L~
Counc i lmernbers
DATE OF INTRODUCTION•
January 18, 2001
Honolulu, Hawaii
(OCS/O1 ] 801 /mg) - 3 -
CITY COUNCIL ADOPTED
CITY AND COUNTY OF HONOLULU MEETING HELD
HONOLULU, HAWAII 1 24 O1 Reference
AYE NO A/E
I hereby certdy that the foregoing RESOLUTION was BAINUM X Report No
adopted by the COUNCIL OF THE CITY AND COUNTY CACHOLA X
OF HONOLULU on the date and by the vote Indicated to De50T0 X
the nght FELIX X
HDI.ME9 x Resolution No.
ATTEST ~ MANSHO
$~y, MIRIKITANI X
OKINO
GENEVIEVE G WO JON C YOSHI RA VOSHIMURA X OZ ~
CMy CNrk CHAIR AND P G OFFICER
9 0 0
oafs 1 /24/01
02/08/01 FRI 08.17 FAS 808J2838B7
N ACS "'"~~'°'s
Febnlazy 1, 2001
Hon. Curtis Tp1er III c T =
CoundlMember ~ c m -
Hawaii Count9 ~ `J -
77-6399 Nalaai Street, Suite 104 c
Salina-Kash, HI 46740 -
Dear Curtis: =
cr
As President of the National Association of Counties, I thank you for
your wIDing<rrasa to serve on the NACo Board of Directors as one of my
presidential appointments.
The NACo Board is our organiratiast's printery governing body. Your
dedsbna, commitment and active participation wiII determine NACo'e future
and how effective we will be is helping counties Bern our cittaeas.
The Board of Directors meets four times a year to oversee the business
affairs of NACo, and adopt policy resolutions sepzesenting our members. The
Board's next electing will the Legislative Conference in VJashingbon, DC March
2-6, 2001.
As electtd officials, we have both the responsibility and privilege to nerve
the public. As a member of the NACo Board of bisectors, you have an even
greater opporhurity to work with colleagues aatlonwidc. Your leadership wr71
help NACo meet the challenges facing our counties.
This will be as exciting year and I look forward to working with you.
_ Sincerely,
~`:t^'"
Jane Hague
President
NoFiasew.nw -
w,r.yrn, ocasssas~rso
aaaaoarm
Far7pp~.~7
wMJtlN.aQ
Hawaii State Association of Counties
Counties of Kauai, Maui and Hawaii, City 8.County of Honolulu
CERTIFICATE OF MERIT ~ ' "
On be~C~o~the J~tct[uaii ~1a.1e//~~~
f33ociaEion o/?~/J/l/.o[u[fie3, [ue crre plea3ed
1o pne3ertf 1~ci3 l,erfi~icate o~ /f/erif fo
WAYNE G. CARVALHO
In recognition of an outstanding career in public service
Police Chief Wayne G Carvalho's career m law enforcement began in 1964 After
steady progression through the ranks, lus career culminated in lus appointment as Chef
of Police, County of Hawan rn November of 1994
Chief Carvalho is an outstanding individual who has dedicated lus professional life to
preserving the peace and public safety for the citizens of Hawan County His
unequivocal support for the D A R E program is commendable and allows Hawau's
youth the opportunity to be educated concerning drugs and the choices available to them
to resist drug use
On the occasion of Cluef Carvalho's retirement, we commend and thank him for lus
service and offer best vnshes for continued success, good health and happiness m all
future endeavors
~iven under our hwut fhi3 13~i o~~ebruar~, 2001.
President ty & County of Honolulu
Vice-P dent Hawaii County
ccre~ n ~ M}~ounty
(/J. C/
Treasurer Kauai County
. ~J . - ~