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HomeMy WebLinkAboutCOM 1137.000 2004-2006 Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii. City & County of Honolulu E c::r October 16, 2006 J MEMORANDUM TO: Stacy K. Higa, Council Chair and Council Members Hawaii County Council FROM: James Y. Arakaki, Alternate Vice Cha• Hawaii State Association of Counties SUBJECT: HSAC Executive Committee Meeting October 13, 2006 Attached for your review is the HSAC Executive Committee Meeting agenda and related communications. If you have any questions, please feel free to contact me. JYA/dwe Attachments Comm. No. Wal Ref. To: V.T Ref. Date f)CT 16 2006 Hawaii State Association of Counties Counties of Kauai, Maui, Hawaii and City and County of Honolulu Y AGENDA HSAC EXECUTIVE COMMITTEE MEETING Friday, October 13, 2006 10:00 a.m. Council Committee Room, Honolulu Hale Honolulu, Hawaii I. CALL TO ORDER II. MINUTES A. Minutes of the July 10, 2006 Executive Committee Meeting, submitted by the HSAC Secretary. III. REPORTS Executive Committee Reports. 1. Report of, official action taken at the July 10, 2006 Executive Committee° , Meeting, approving the appointment of Honolulu Councilrri' mber Barbara Marshall to the Board of Advisors to the State rter for Alternatye Dispute Resolution. M Judiciary"s C~"en> B. County Reports. 1. Maui County Report. 2. Hawai'i County Report. 3. City and County of Honolulu Report. 4. Kauai County Report. xv k ,s '00 C. National Association of Counties (NACo) Report. D. Western Interstate Region (WIR) Report. O HSAC Executive Committee Agenda Page 2 IV. UNFINISHED BUSINESS A. School Impact Fee Working Group (SIFWG). B. Schedule of Upcoming HSAC Meetings. November 2006, (TBA) December 8, 2006, Friday, 10:00 a.m. January 17, 2007, Wednesday, 2:00 p.m. (Opening of the Legislature) February 9, 2007, Friday, 10:00 a.m. March 9 2007, Friday, 10:00 a.m., (Tentative) April 13, 2007, Friday, 10:00 a.m., (Tentative) May 25, 2007, Friday, 10:00 a.m. June 2007 - HSAC Conference hosted by Maui (TBA) V. NEW BUSINESS A. Treasurer's Reports. 1. Report for June 2006, submitted by the HSAC Outgoing Treasurer, by correspondence dated July 11, 2006, for the fiscal period June 1 through June 30, 2006. 2. Report for July 2006, submitted by the HSAC Treasurer, by correspondence dated October 5, 2006, for the fiscal period July 1 through July 31, 2006. 3. Report for August 2006, submitted by the HSAC Treasurer, by correspondence dated October 5, 2006, for the fiscal period August 1 through 31, 2006. B. Proposed Amendment to the HSAC Fiscal Year (FY) 2006-2007 Budget. 1. Correspondence dated August 28, 2006, from the HSAC Treasurer, transmitting a proposed amendment to the HSAC Fiscal Year (FY) 2006-2007 budget. C. HSAC Audit Report. 1. Correspondence dated May 19, 2006, from Desmond M. Kotake, CPA, transmitting the financial statements and audit of the Hawai'i State Association of Counties, Inc. as of June 30, 2005. HSAC Executive Committee Agenda Page 3 D. 2007 HSAC Legislative Package. 1. Correspondence dated July 25, 2006, from HSAC President, transmitting a request to the HSAC Executive Committee for proposals to be submitted by October 2, 2006 for consideration by the HSAC Executive Committee. 2. Correspondence dated October 4, 2006, from Kaua'i County Council Member Mel Rapozo, transmitting two (2) proposals for consideration and possible inclusion as part of the 2007 HSAC Legislative Package on: SB 449, SD1/HB 302-Relating to Counties and HB 2541-Relating to Liability. E. Nominations. 1. Nomination to the Hawai'i Sister State and Province Committee. a. Correspondence dated August 4, 2006, from Theordore E. Liu, Director, State of Hawai'i, Department of Business, Economic Development & Tourism, requesting that HSAC appoint a member to serve on the Hawai'i Sister State and Province Committee, pursuant to Act 150 (SLH 2006) by August 25, 2006. b. Correspondence dated August 8, 2006, from the HSAC President, informing Theodore E. Liu, Director, State of Hawai'i, Department of Business, Economic Development & Tourism, that during the interium, he will accept serving on the Hawai'i Sister State and Province Committee, as the HSAC member until the HSAC board takes official action on this matter at its October meeting. 2. Nomination to the Hawai'i Anti-Phishing Task Force a. Correspondence dated August 31, 2006, from Marion M. Higa, Auditor, State of Hawai'i, requesting that HSAC appoint a member to serve on the Hawaii Anti-Phishing Task Force, pursuant to Act 140 (SLH 2006) by September 15, 2006. b. Correspondence dated September 15, 2006, from the HSAC President, informing Marion M. Higa, State Auditor, that during the interium, he will accept serving on the Hawai'i Anti-Phishing Task Force, as the HSAC member until the HSAC board takes official action on this matter at its October meeting. HSAC Executive Committee Agenda Page 4 F. Correspondence 1. Correspondence dated August 23, 2006 from Michele Warren, Program Director, Local Government Commission inviting HSAC to co- sponsor the 6th Annual New Partners for Smart Growth: Building Safe, Healthy and Livable Communities, to be held February 8-10, 2007 in Los Angeles, California. VI. ANNOUNCEMENTS A. Next Executive Committee Meeting Friday, November 2006, Honolulu Hale at 10:00 a.m. B. Other announcements. VII. ADJOURNMENT Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii. City &County of Honolulu MINUTES HSAC EXECUTIVE COMMITTEE MEETING July 10, 2006 Council Chambers, Historic County Building Lihue, Hawaii j STO ORDER The Executive Cc ' tt ';.was called to order by President Mel Rapozo at 10:04 The following members present comprised a quorum:.`:„ County of Kauai: Preside - Mel.,Rapozo County of Hawaii: Alternate Same' ,`1Ar4kaki Fs r t City and County of Alternate D3novan. I3 a Cruz Honolulu: County of Maui: Treasurer Joseph PontanJ: la.,. Others Present: Kauai Councilmember Jam'e ,l Tokioka Kauai Staff Cyndi Ayono~w Kauai Staff Lisa Ishib,,q Hawaii Staff Donna Wat-L Maui Staff Richelle Kaw,'as y Honolulu Staff Calvin Az II. EXECUTIVE COMMITTEE MEETING MINUTES The minutes of the June 16, 2006 meeting of the Executive Committee was approved. IIA. GENERAL MEMBERSHIP MEETING MINUTES The minutes of the June 16, 2006 meeting of the General Membership was approved. '"w ' <OCS/071206/07:57/CT III. REPORTS OF COMMITTEES The following Executive Committee Reports were approved: A. Report of official action taken at the June 16, 2006 meeting approving the slate of HSAC officers for fiscal year 2006-07; B. Report of official action taken at the June 16, 2006 meeting approving a disbursement of $1,000 to the Maui Council for opening a new HSAC checking account; and C. Report of official action taken approving the HSAC budget for fiscal year 2006-07. IV. UNFINISHED BUSINESS Appointment To Board Of Advisors To Center For Alternative Dispute Resolution By a correspondence, dated May 4, 2006, the Hawaii Chief Justice requested HSAC to appoint a representative to the Board of Advisors to the Judiciary's Center for Alternative Dispute Resolution. President Rapozo noted that Kauai Councilmember JoAnn Yukimura presently serves as one of two HSAC representatives on the Board of Advisors. Pursuant to the correspondence, dated June 28, 2006, from Secretary Cachola, Alternate Dela Cruz moved to nominate Honolulu Councilmember Barbara Marshall to serve as the other HSAC representative on the Board. Treasurer Pontanilla seconded the motion. Alternate Dela Cruz then moved to close the nominations. Treasurer Pontanilla seconded the motion. The Executive Committee approved the appointment of Councilmember Marshall to serve on the Board of Advisors to the Center for Alternative Dispute Resolution. President Rapozo noted that Hawaii Councilmember Bob Jacobsen, by a correspondence, dated July 3, 2006, expressed a desire to be considered for appointment to the 2 Board. The Executive Committee received and filed the correspondence because it was rendered moot by the appointment of Councilmember Marshall. V. NEW BUSINESS A. Treasurer's Report The Executive Committee received the Treasurer's Report for the fiscal period May 1 through 31, 2006. B. County Reports There were no county reports. C. National Association of Counties Report President Rapozo mentioned that, at the last Executive Committee meeting, there was discussion on the subject of HSAC support for a NACo second vice president candidate. The election for that office is contested, and the Executive Committee discussed whether HSAC should act as a bloc to support one of the candidates. President Rapozo asked for a list of councilmembers who will attend the upcoming NACo meeting in Chicago. Treasurer Pontanilla responded that Maui Council Chair Riki Hokama, Maui Councilmember Bob Carroll, and he will attend the meeting from the Maui Council. Alternate Dela Cruz stated that Honolulu Councilmembers Ann Kobayashi and Romy Cachola and he will attend the meeting. Others also may attend. Alternate Arakaki stated that Hawaii Council Chair Stacy Riga will attend. President Rapozo indicated that Kauai Councilmember Shaylene Iseri-Carvalho and he will attend from the Kauai Council. President Rapozo asked if HSAC should support a particular candidate for NACo second vice president. Alternate Dela Cruz responded that the county councils of HSAC should vote as a bloc. If supporting the winning candidate, then HSAC will be able to retain 3 three seats on the NACo Board of Directors, two because HSAC has 100 percent participation of its counties and one additional director appointed at the discretion of the NACo President. Treasurer Pontanilla and Alternate Arakaki agreed that HSAC should vote as a bloc. President Rapozo asked: if HSAC cannot agree on a candidate to support, then what happens? Alternate Dela Cruz responded that the county councils should vote and the majority should rule. He suggested that councilmembers who attend the NACo meeting caucus at the meeting before the election. Alternate Dela Cruz then moved that HSAC vote as a bloc, instead of separate county councils, at the NACo officer elections. Alternate Arakaki seconded the motion. President Rapozo noted that, under the NACo voting allocation, the Hawaii counties have a total of 50 votes. He further stated HSAC has historically voted as a bloc. Alternate Dela Cruz commented that the NACo dues for the county councils are split evenly among the counties. President Rapozo then asked for the vote on the motion for HSAC to vote as a bloc. Alternate Arakaki, Alternate Dela Cruz, and Treasurer Pontanilla voted "aye." President Rapozo noted "no." Because of lack of unanimity, the motion failed. After a brief recess, Treasurer Pontanilla moved to reconsider the motion. Alternate Arakaki seconded the motion to reconsider. 4 The Executive Committee approved the motion to reconsider. Alternate Dela Cruz then moved to defer a vote on the motion for HSAC to vote as a bloc until the HSAC members have the opportunity to caucus prior to the NACo officer elections at the NACo meeting in Chicago. Treasurer Pontanilla seconded the motion. The Executive Committee approved that motion. D. Western Interstate Region Report There was no WIR report. VI. ANNOUNCEMENTS A. Next Executive Committee Meeting President Rapozo announced that the next Executive Committee meeting is scheduled for Friday, October 13, 2006, in Honolulu. He requested the Executive Committee members to submit proposals for the 2007 HSAC Legislative Package no later than October 2, 2006 in order to post them for consideration at the October 13th meeting. He stated that the proposals should be in the form of draft bills with justification sheets. B. Other Announcements There were no other announcements. VII. ADJOURMENT There being no further business, President Rapozo adjourned the Executive Committee meeting at 10:31 a.m. Very truly y rs, DONOVAN M. DELA CRUZ Alternate to the Secretary Hawaii State Association of Coun es 5 Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii. City & County of Honolulu t? P F Official Action Taken Approval By Executive Committee Meeting of July 10, 2006 The Honorable Mel Rapozo, President Haw~I mate Association of Counties d, °439 treet F.L ihue ~3 aii 96766-1371 Dear President Kane: Pursuant to Sect i`dn 'the Bylaws of the Hawaii State Association of Counties which requires a report of every official action taken, the, fb9a~ring;reports, on the approval of the appointment of Honolulu Counciimembe„~?` ar'bara Marshall to A,~': the Board of Advisors to the State Judiciary xs,,Center for Alternative Dispute Resolution. Y 1 V It The Center for Alternative Dispute Resoluis'` established under Chapter 613, Hawaii Revis ~~5tatutes, as part of the State Judiciary. Its basic duty is to facilitate the effective, timely, and voluntary resolution of di s put es,,,--,as, an alternative to court litigation. d ,R~ S To assist and advise the Center, Chapter 613 alsosopeates as Board of Advisors to the Center. The Board is comprised p viz,, members appointed by the Chief Justice. Two of the met e S ttsf~ a 's be from HSAC. ' F ~Y -~S~ soLt By a correspondence, dated May 4, 2006, the Chief-,' notified the former HSAC President that one of the H3A~„slats` on x; the Board is vacant and requested the appointment of anryHAC representative to fill the vacancy. In response, the HSAC Secretary nominated Honolulu Councilmember Barbara Marshall to fill the vacancy. The nomination was formally expressed in a correspondence, dated June 28, 2006, to the Executive Committee. " ,s OCS/071206/08:28/HM ; The Executive Committee approved the nomination without discussion. Thus, Councilmember Marshall will serve as one of HSAC's two representatives on the Board of Advisors to the Center for Alternative Dispute Resolution. Kauai Councilmember JoAnn Yukimura currently serves as the other HSAC representative. The Executive Committee received and placed on file a correspondence, dated July 3, 2006, from Hawaii Councilmember Bob Jacobsen in which he expressed a desire to serve on the Board of Advisors. The action was taken because the appointment of Councilmember Marshall, who was nominated through an earlier dated correspondence, rendered Councilmember Jacobsen's correspondence moot. Very truly o DONOVAN M. DELA CRUZ, Alte e t the Secretary Hawaii State Association of Co ies 2 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu 4 July 11, 2006 The Executive Committee Members Hawaii State Association of Counties Dear Executive Committee Members: Please find enclosed a report of the Association's revenues collected and expenses paid for the fiscal period June 1 through June 30, 2006. Since , ES ANE TOKIOKA tgoing Treasurer, Hawaii State ssociation of Counties ht (D6-333 HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period: June 1 through June 30, 2006 FUND BALANCE AT BEGINNING DATE $78,106.99 This Period Year to Date Budget 001 Membership Fees $0.00 $42,000.00 $42,000.00 010 Conference Income 0.00 17,611.45 10,000.00 030 Interest Income 32.94 562.51 300.00 050 Corporate Sponsorship 0.00 0.00 500.00 2005 Mid-Year Conf. Seed Moneys 0.00 1,000.00 Carryover Balance Total $32.94 $61,173.96 $57,800.00 TOTAL RECEIPTS THIS PERIOD $32.94 Disbursements Executive Committee 201 Travel 2,388.00 2,838.00 4,500.00 202 Auditing Services 4,374.96 4,374.96 8,100.00 203 Stationery 0.00 0.00 100.00 209 Miscellaneous 0.00 5.00 500.00 Special Committees 301 Travel 100.00 100.00 600.00 309 Miscellaneous 0.00 0.00 100.00 NACo 401 Travel 3,933.88 4,719.03 9,000.00 402 Promotional 0.00 0.00 500.00 403 Dues 0.00 23,686.00 23,700.00 409 Miscellaneous 0.00 278.15 1,200.00 WIR 501 Travel 0.00 1,000.00 6,000.00 502 Promotional 0.00 0.00 500.00 503 Dues 0.00 2,750.00 3,000.00 509 Miscellaneous 0.00 0.00 0.00 Conferences 609 Miscellaneous 0.00 0.00 0.00 611 NACo Annual Conference 2005 0.00 0.00 0.00 613 2005 Mid-Year Conference 0.00 1,000.00 0.00 615 New HSAC Checking Account 1,000.00 1,000.00 Total $11,796.84 $41,751.14 $57,800.00 TOTAL EXPENSES THIS PERIOD $11,796.84 FUND BALANCE AT END OF PERIOD: $66,343.09 HSAC - Page 2 UCI. 6. ZUUb 11: hl AM COUNCIL StHVIU NO, 6394 P. 2 Hawaii State Association of Counties ' Counties of Kauai, Maui, Hawaii and City and County of Honolulu r October 5, 2006 President Mel Rapozo and Members of the Executive Committee Dear President Rapozo and Members: SUBJECT: TREASURER'S REPORTS FOR JULY AND AUGUST 2006 Attached please find reports of the Association's revenues and expenses for the fiscal periods July 1 through July 31, 2006 and August 1 through August 31, 2006. Sincerely, 40 JO PH P NTAMLLA Treasurer AMcbments *U n- = proj:bsae.N 2007:071a:061004tr:rkk a , .r OCT. 6. 2006 11:52AM COUNCIL SEKVICE Nu,bi94 r. i Hawaii State Association of Counties REVENUES COLLECTED AND EXPENSES PAID Period: July 1, 2006 through July 31, 2006 BALANCE FROM FY 2006 a $66,343.09 TRANSFER FROM ASB INTO CPS $1,000.00 FY 2007 FY 2007 Is Period Year to Date Budget REVENUES Membership Fees $0.00 $0.00 $42,000.00 Conference Income $0.00 $0.00 $0.00 Interest Income $32.86 $32.86 $115.00 Funds from Prior Year $0.00 $0.00 $12,065.00 Total $32.86 $32 86 $54,180.00 Total Receipts This Period $32.86 EXPENSES Executive Committee Travel $0.00 $0.00 $5,250.00 Auditing Services $0.00 $0.00 $3,500.00 Stationary $0.00 $0.00 $100.00 Miscellaneous $0.00 $0.00 $260.00 Special Committees Travel $0.00 $0.00 $0.00 Miscellaneous $0.00 $0.00 $0.00 NACo Travel $0.00 $0.00 $9,000.00 Promotional $0.00 $0.00 $260.00 Dues $0.00 $0.00 $25,560.00 Miscellaneous $0.00 $0.00 $1,000.00 WIR Travel $0.00 $0.00 $6,000.00 Promotional $0.00 $0.00 $250.00 Dues $0.00 $0.00 $3,000.00 Miscellaneous $0.00 $0.00 $0.00 Conferences Miscellaneous $0.00 $0.00 $0.00 Total $0,00 $0.00 $54,180.00 Total Expenses This Period $0.00 ENDING BALANCE 67,375.95 ocs:proj:hsac:FY 2007:07tr:0607tr:rkk OCT. 6. 2006 11:52AM COUNCIL SERVICE NO. 6394 P. 4 Hawaii State Association of Counties REVENUES COLLECTED AND EXPENSES PAID Period: August 1, 2006 through August 31, 2006 BEGINNING BALANCE $67,375.95 FY 2007 FY 2007 This Period Year to Date Buda et REVENUES Membership Fees $10,500.00 $10,500.00 $42,000.00 Conference Income $0.00 $0.00 $0.00 Interest Income $30.76 $63.62 $115.00 Miscellaneous $0.00 $1,000.00 $0.00 Carryover (FY 2006) $0.00 $0.00 $12,065.00 Total $10,530.76 $11,563.62 $54,180.00 Total Receipts This Period $10,530.76 EXPENSES Executive Committee Travel $0.00 $0.00 $5,250.00 Auditing Services 50.00 $0.00 $3,500.00 Stationary $0.00 $0.00 $100.00 Miscellaneous' $18.50 $18.50 $250.00 Special Committees Travel $0.00 $0.00 $0.00 Miscellaneous $0.00 $0.00 $0.00 NACo Travel $0.00 $0.00 $9,000.00 Promotional $0,00 $0,00 $250.00 Dues $0.00 $0.00 $25,580.00 Miscellaneous $0.00 $0.00 $1,000.00 WIR Travel $0.00 $0.00 $6,000.00 Promotional $0.00 $0.00 $250.00 Dues $0.00 $0.00 $3,000.00 Miscellaneous $0.00 $0.00 $0.00 Conferences Miscellaneous $0.00 $0.00 $0.00 Total $18.60 $18,50 $54,180.00 Total Expenses This Period $18.50 ENDING BALANCE 77,688.21 ' $18.50 erroneously charged for checks, should be credited on next CPB statement ocs:proj:hsac:FY 2007:07tr.0608tr:rkk Hawaii State Association of Counties ~T9 Rf Counties of Kauai, Maui, Hawaii and City and County of Honolulu v August 28, 2006 President Mel Rapozo and Members of the Hawaii State Association of Counties (HSAC) Executive Committee Dear President Rapozo and Members of the HSAC Executive Committee: SUBJECT: PROPOSED AMENDMENT TO THE HSAC FISCAL YEAR (FY) 2006-2007 BUDGET At the HSAC Executive Committee meeting of June 16, 2006, the HSAC Executive Committee voted to amend the HSAC FY 2006-2007 Budget to account for an increase in NACo dues of $1,215.00. The report of official action taken detailing the amendment is attached for your reference. the next HSAC conference will not occur until June 2007, it is unlikely that the dition erence revenue will be received before the end of FY 2006-2007. Therefore, ;ay I please request yo able consideration of a revision to the HSAC FY 2006-2007 Budget to delete the $l, cted in conference income under "revenues" and to instead increase by $1,215.00 the lanc " from $10,850.00 to $12,065.00. These proposed amendments are detailed in the attache pread5 °eet. Your attention to this matter is greatly appr ' ted. Sincere.v; SE PON ANILL SAC Treasurer Attachments ocs:proj:hsac:bsac 2005-2006:06letters:budget amendment2:rkk 'h r: a *F~r a ~ ~,~~r r ~ - j` r s r~n.~y1~x~ r4 r w+' 00000 0 0 0000 00 0000000 0 w 00000 0 0 0000 00 0000000 0 riooo i (6 0 6000 00 0000000 0 O - o t0 (OO(O0 0(00000(00 OD O m O O e' N (0 N O N O M O N O m C 7 NV ^ a (0 M W r c0V (D M 1LO N n O 0 0 O N O LL p E W v U) a a O CL 00000 0 0 0000 00 0000000 0 00000 0 0 0000 00 0000000 p (60060 0 0 000000 60 0000000 O M N co CD LO 0 w Q 0 0 co W N O M 0 < N (o N O N O O O N O r V O 04 (O M N Cl) O i cli V' D m It to N 0 ~ C m m O E W 0 o C_q N LL OD n 0 H 0 0 0 0 0 0 O 0 0 0 0 0 CO 0 0 0 0 0 0 0 0 0 w 00000 0 0 0000 0o OOOOOOO o N ( 0 0 0 0 10 6 n 6 0 6 0 66 6 6 6 (6 6 0 6 w O O I W T 0 0 N O O N O M O N O 001 N = C N N O CV 0 M N~ M ~ N 0 M CA m V It n ?1 W o (p o } p a LL U 0 0 0 0 0 0 O 0 0 0 0 00 0 0 0 0 0 0 0 p y 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 O LL F O O O O O O C 0 6 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O 0000 O O 0 0 0 0 0 0 0 O W M O O (0 co O O (0 (0 (O O M N h 0 l0 O a0 Q C; N (ti V co r N 0 (M LO tV x 14 M C to 0 o E R 0 0 U. a n 0 m } m U. C 00 C O N w v N 0 a1 v E m I- A y N C W LL. to m_ a1- N C d O N (n a) m N 0 (6 Q (o C C W y ((a Z 0 _ a1 a1 IL O w Cx m 1i E1v> E m N R Z y y m c ~ E 0) o o~ 0 =3 O ° a1 C O w C (u a1 O F- N to z L) E ca u N c LL 0 a U E E E E 2 0- m o t E. 0 X Q o o d N O m - c~NaU)i > W =roaCD~ vt?iUU >p0'>>E aa) t c Q d > rn d H a o o =3 a) ~c:3c mm ooo0~IL 0 o c O_ 'a aria a1 d d UUUU~_~_> ~UUU 1-- W Q W (A (n (n Zzzz 0 HAWAII STATE ASSOCIATION OF COUNTIES, INC. Financial Statements June 30, 2005 DESMOND M. KOTAKE Certified Public Accountant INDEPENDENT AUDITOR 'S REPORT To the Board of Directors of HAWAII STATE ASSOCIATION OF COUNTIES, INC. I have audited the accompanying statement of assets, liabilities, and net assets - cash basis of Hawaii State Association of Counties, Inc. (a non-profit corporation) as of June 30, 2005 and the related statement of support, revenue, and expenses - cash basis for the year then ended. These financial statements are the responsibility of the Association's management. My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. I believe that my audit provide a reasonable basis for my opinion. As described in note 1, these financial statements were prepared on the cash basis of accounting, which is a comprehensive basis of accounting other than U.S. generally accepted accounting principles. In my opinion, the financial statements referred to above present fairly, in all material respects, the assets, liabilities, and net assets of Hawaii State Association of Counties, Inc. as of June 30, 2005 and its support, revenue, and expenses for the year then ended, on the basis of accounting described in note 1. Honolulu, Hawaii May 19, 2006 1405 N. King Street, Suite 300 • Honolulu, Hawaii 96817 • Telephone (808) 848-8144 • Fax (808) 848-0894 HAWAII STATE ASSOCIATION OF COUNTIES, INC. Statement of Assets, Liabilities, and Net Assets - Cash Basis June 30, 2005 ASSETS Cash $ 71,346 Total assets $ 71,346 NET ASSETS Unrestricted $ 71,346 Total liabilities and net assets $ 71,346 See accompanying notes to financial statements. HAWAII STATE ASSOCIATION OF COUNTIES, INC. Statement of Support, Revenue and Expenses - Cash Basis For the year ended June 30, 2005 SUPPORT AND REVENUES RECEIVED Conference receipts $ 63,638 Membership fees 48,000 Interest income 300 Total support and revenues received 111,938 EXPENSES DISBURSED Program: Executive committee Conference $ 44,163 Consulting 24,500 Travel 4,740 73,403 National Association of Counties Grant - conference 37,308 Travel 7,876 45,184 Western Interstate Region Travel 808 Total program expenses 119,395 Administrative: Unallocated payments to affiliated organizations 25,791 Professional fees 3,333 Other 705 Total support expenses 29,829 Total expenses disbursed 149,224 Change in net assets (37,286) Net assets as of beginning of year 108,632 Net assets as of end of year $ 71,346 See accompanying notes to financial statements. HAWAII STATE ASSOCIATION OF COUNTIES, INC. Notes to Financial Statements June 30, 2005 (1) NATURE OFOPERATIONSANDSIGNIFICANTACCOUNTINGPOLICIES Nature of Operations The Hawaii State Association of Counties, Inc. (Association) was chartered as a nonprofit corporation under the laws of the State of Hawaii on November 8, 1974. The Association serves as an agent to coordinate county programs in the best interest of the people of the State of Hawaii through cooperation of the legislative bodies of the several counties of the State; the creation of more practical and efficient county legislation, administrative procedures; the provision of a single source of information in regard to all counties which shall be available to the Governor, the Legislature and to all proper persons, officials; and a general improvement in the conduct of the county government. Basis of Accountin¢ The Association's policy is to prepare its financial statements on the cash basis of accounting. Consequently, revenues and the related assets are recognized when received rather than earned, and expenses are recognized when paid rather than when the obligation is incurred. This basis of accounting is a comprehensive basis of accounting that is not generally accepted accounting principles. Financial Statement Presentation The Association has adopted Statement of Financial Accounting Standards (SFAS) No. 117 "Financial Statements of Not-for-Profit Organizations." Under SFAS 117, the Association is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. As permitted by the statement, the Association has discontinued its use of fund accounting. Public Support and Revenue The Association has also adopted SFAS No. 116, "Accounting for Contributions Received and Contributions Made." Contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support depending on the existence or nature of any donor restrictions. Donated Services and Facilities Various individuals and organizations donate their services and facilities toward the Association's programs and activities. The Association does not believe it is practical to assign or record a value for these donated services and facilities. HAWAII STATE ASSOCIATION OF COUNTIES, INC. Notes to Financial Statements June 30, 2005 (2) INCOME TAXES The Association qualifies as a non-profit organization and is, therefore, exempt from income taxes under Section 501(c) (3) of the Internal Revenue code. (3) CONCENTRATIONOFREVENUE The operations of the Association are funded substantially through dues from its county members and through two conferences held annually. (4) RELATED PARTY TRANSACTIONS The Association pays dues of $23,041 and $2,750 to the National Association of Counties for national and Western Interstate Region membership, respectively. In 2005, the Association granted $37,308 to City and County of Honolulu to help defray cost of hosting the National Association of Counties annual conference. The Association also reimburses travel costs to county members for meetings and conferences throughout the fiscal year. Travel reimbursements to members for the year ended June 30, 2005 are as follows: County of Maui $ 5,154 County of Hawaii 3,502 County of Kauai 3,258 City and County of Honolulu 1,510 424 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu' July 25, 2006 lei Members of the Executive Committee ss Haw i `i State Association of Counties (HSAC) i i D • ,HSA~ Excuti C~nmaraat#e: _ j SUBJECT: 2007 HSA EGISLATIVE PACKAGE Please submit your pro for the 2007 HSAC Legislative Package no later than Monday, October 2, 200c nsideration by the HSAC.. Executive Committee. Each proposal shallftjl a page,justification sheen and a draft bill. It would be ideal for the HSAC Executive Committed~) t submit to their , respective counties on October 13, 2006, a recommendatib rove the prop se 2'007 HSA-C-Legi`slatige ackage. " "Tlu's~tue~ablg dent time for each Council to apprope the proposed package SAC Execs tive Committee meeting which is tentatively schedule 9, 2006! t Thank you for your time and attention to this matter; F d you have questions, please feel free to contact me or Cyndi Ayonon of Council's staff at (808) 241-6371. Sincerely, MEL RAPOZO President, Hawaii State Association of Counties MR/ca COUNTY COUNCIL b~ t , os h~ OFFICE OF THE COUNTY CLERK Bill "Kaipo" Asing, Chair o Gy James Kunane Tokioka, Vice Chair ° Peter A. Nakamura, County Clerk Jay Furfaro Ernesto G. Pasion, Deputy County Clerk Shaylene Iseri-Carvalho a Daryl W. Kaneshiro qTg A Phone (808) 241-6371 Mel Rapozo OF Fax (808) 241-6349 JoAnn A. Yukimura Council Services Division 4396 Rice Street, Room 206 Llhu`e, Kauai, Hawaii 96766-1371 October 4, 2006 Members of the Executive Committee Hawai'i State Association of Counties (HSAC) Dear Members of the HSAC Executive Committee: The Kaua'i County Council's Finance/Intergovernmental Relations Committee at its meeting held on October 4, 2006 recommended that the Council approve the following legislative bills (from the 2006 Legislative Session) as part of the 2007 HSAC Legislative Package: SB 449, SD1/HB 302 - Relating to Counties HB 2541- Relating to Liability I would like to request that each individual County Council also consider these measures for inclusion in the 2007 HSAC Legislative Package. Your timeliness on taking action on this matter is greatly appreciated. Sincerely, Mel Rapozo Councilmember CA/ds2006-487 Att. Hawaii State Legislature 2006 Legislative Session SB449 SDI Generated on 9/19/2006 9:23:05 AM :easure Title: RELATING TO COUNTIES. eport Title: Counties; State Indemnification escription: Requires state agency that receives county assistance, services, permission to use county property, to indemnify the county. (SDI) ickage: County of Kauai ompanion: HB302 troducer(s): BUNDA (BR) urrent Referral: IGA/TGO, JHW Date Status Text 1/24/2005 S? Introduced and passed First Reading. 1/31/2005 S? Referred to IGA/TGO, JHW. 2/4/2005 The committee on IGA/TGO has scheduled a public hearing on 02-08-05 at SH12:45 pm in conference room 225. The committee(s) on IGA recommend(s) that the measure be PASSED, WITH E2/8/200:5 S AMENDMENTS. The votes in IGA were as follows: 5 Aye(s): Senator(s) Ige, Kim, Baker, English, Slom; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Inouye, Nishihara. 2/8/2005 The committee on TGO deferred the measure until 02-09-05 at 1:15 pm in conference room 224. The committee(s) on TGO recommend(s) that the measure be PASSED, WITH 2/9/2005 S AMENDMENTS. The votes in TGO were as follows: 4 Aye(s): Senator(s) Inouye, Espero, Baker, Menor; Aye(s) with reservations: none ; 0 No(es): none; and 3 Excused: Senator(s) Hee, Kanno, Whalen. 2/15/2005 S Reported from IGA/TGO (Stand. Com. Rep. No. 68) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JHW. 2/15/2005 Repoort adopted; Passed Second Reading, as amended (SD 1) and referred to lz/2/zoos 10:32:20 D Carried over to 2006 Regular Session. AM Appropriation measure rnAm = Constitutional Amendment Report Title: i Counties; State Indemnification Description: Requires state agency that receives county assistance, services, permission to use county property, to indemnify the county. (SDI) THE SENATE O 449 TWENTY-THIRD LEGISLATURE, 2005 S ¦ B N S.D. 1 STATE OF HAWAII A BILL FOR AN ACT relating to counties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: 11§46- Indemnification of counties. (a) A state agency may enter into an indemnity agreement with a county. An indemnity agreement between a state agency and a county may provide that the State: . Defend the county, its officers and employees, from claims made by public users; or (2) Indemnify the county, its officers and employees, for losses incurred as a direct result of the public use. (b) To receive county assistance, services, rights, or permission to use county property, or to provide services or otherwise act as a vendor to county agencies a state agency shall agree in writing to an indemnity provision to: (1) Defend the county, its officers, and employees, from claims made by public users; and (2) Indemnify the county, its officers, and employees, for losses incurred as a direct result of the public use. ider chapter 661 or otherwise waive the State's sovereign immunity." ;CTION 2. This Act does not affect rights and duties that matured, penalties iat were incurred, and proceedings that were begun, before its effective date. ;CTION 3. New statutory material is underscored. :CTION 4. This Act shall take effect upon its approval. STAND. COM. REP. NO. 68 Honolulu, Hawaii 2005 RE: S.B. No. 4 S.D. Honorable Robert Bunda President of the Senate Twenty-Third State Legislature Regular Session of 2005 State of Hawaii Sir: Your Committees on Intergovernmental Affairs and Transportation and Government operations, to which was referred S.B. No. 449 entitled: "A BILL FOR AN ACT RELATING TO COUNTIES," beg leave to report as follows: The purpose of this measure is to allow the State to enter into an indemnification agreement with a county. Your Committees received testimony in support of this measure from the Honolulu Corporation Counsel, Hawaii Corporation Counsel, Kauai County Attorney, and the Council Chair of the Kauai County Council. The intent of this measure is to limit the liability of the counties for liability exposure arising from acts or omissions performed by the State. The situation arises when the State uses a county facility. Your Committees have amended this measure on the recommendation of the county corporation counsels as follows: agreement to defend and indemnify; (2) Providing for a mandatory indemnity agreement to defend and indemnify in situations wherein the State receives county assistance, services, or the like; (3) Deleting the three conditions for an indemnity; and (4) Adding a savings clause to session law material and deleting the savings clause in the statute, as the preferred drafting style. affirmed by the records of votes of the members of your Committees on itergovernmental Affairs and Transportation and Government Operations that are :tacked to this report, your Committees are in accord with the intent and trpose of S.B. No. 449, as amended herein, and recommend that it pass Second lading in the form attached hereto as S.B. No. 449, S.D. 1, and be referred to ie Committee on Judiciary and Hawaiian Affairs. Respectfully submitted on behalf of the members of the Committees on Intergovernmental Affairs and Transportation and Government Operations, .ORRAINE R. INOUYE, Chair DAVID Y. IGE, Chair Hawaii State Legislature 2006 Legislative Session HB302 - Generated on 8/25/2006 1:48:40 PM Measure Title: RELATING TO COUNTIES. Report Title: Counties; State Indemnification of Description: Requires State agency that receives county assistance, services, permission to use county property, to indemnify the county. Package: County of Kauai Companion: Introducer(s): SAY (BR) Current Referral: JUD, FIN Date ? Status Text 1/21/2005 H? Pending introduction. 1/24/2005 H? Introduced and Pass First Reading 1/24/2005 H? Referred to JUD, FIN, referral sheet 3 12/2/2005 10:32:11 AM D Carried over to 2006 Regular Session $ = Appropriation measure ConAm = Constitutional Amendment :port Title: unties; State Indemnification of ascription: quires State agency that receives county assistance, services, permission to e county property, to indemnify the county. (OUSE OF REPRESENTATIVES B ¦ N O . 302 WENTY-THIRD LEGISLATURE, 2005 . TATE OF HAWAII A BILL FOR AN ACT relating to counties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: :CTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new ection to be appropriately designated and to read as follows: i46- Indemnification of counties. (a) To receive county assistance, services, ghts or permission to use county property, or to provide services or herwise act as a vendor to county agencies a state agency may agree in siting to an indemnity provision by which the State agrees to indemnify, fend and hold harmless a county agency, its officers agents, and employees ken all of the following conditions are satisfied: County law expressly or by clear implication requires the indemnity provision; (2) The governor, following a favorable review by the department of the attorney general, approves the State's proposed indemnification; and The comptroller, pursuant to chapter 41D, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision or has determined that it is not in the best interest of the State to obtain insurance. compliance with this section shall not give rise to a claim against the State under chapter 661 or otherwise waive the State's sovereign immunity. (c) This section shall not affect any existing indemnification explicitly provided by the State to the counties by law." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: Hawaii State Legislature 2006 Legislative Session HB2541 Generated on 8/25/2006 1:56:09 PM leasure Title: RELATING TO LIABILITY. .eport Title: Association of Counties; Public Land Liability lescription: Repeals the sunset dates of, thereby making permanent, laws that provide the state and county governments with liability protection for public use of certain state or county recreational areas. ackage: Hawaii State Association of Counties .ompanion: itroducer(s): SAY (BR) 'urrent Referral: WLO, JUD Date F1 Status Text 1/23/2006 ?H Pending introduction. 1/25/2006 ? Introduced and Pass First Reading. 1/27/2006 H? Referred to WLO, JUD, referral sheet 5 1/31/2006 nH Bill scheduled to be heard by WLO on Friday, 02-03-06 at 8:30 am in House conference room 312. 2/3/2006 H? The committee(s) recommends that the measure be deferred. = Appropriation measure mAm = Constitutional Amendment i Report Title: Association of Counties; Public Land Liability Description: Repeals the sunset dates of, thereby making permanent, laws that provide the state and county governments with liability protection for public use of certain state or county recreational areas. HOUSE OF REPRESENTATIVES 2541 TWENTY-THIRD LEGISLATURE, 2006 H ¦ B ¦ N O . STATE OF HAWAII A BILL FOR AN ACT relating to liability. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that the statutes providing state and county immunity on certain public lands have proven to be beneficial to the State and county governments as well as the general public. The liability protections have reduced the exposure of the state and county governments to substantial damages and, as a result, allowed the state and county governments to keep recreational areas with potentially dangerous conditions open to the public. Furthermore, the warning signage required by the statutes has promoted public safety by informing users of the recreational areas of potentially dangerous conditions. The purpose of this Act is to repeal the sunset dates of three statutes that provide the state and county governments with liability protection for public use of certain state or county recreational areas. SECTION 2. Act 170, Session Laws of Hawaii 2002, is amended by amending section 2 to read as follows: "SECTION 2. Act 190, Session Laws of Hawaii 1996, as amended by Act 101, Session Laws of Hawaii 1999, is amended by amending section 7 to read as follows: "SECTION 7. This Act shall take effect on July 1, 1996[ ~4e4 41,# t-i p AA# CTION 3. Act 170, Session Laws of Hawaii 2002, is amended by amending section to read as follows: ECTION 5. This Act shall take effect upon its approval[• ;444 ' " ~ s-~= s a s 3~' ~e 4: Q a T.,., ~n ~n9:7 'CTION 4. Act 82, Session Laws of Hawaii 2003, is amended by amending section to read as follows: 'ECTION 8. This Act shall take effect on July 1, 2003[r d shat be -g^a'ed 4:1:.Z 2n 2 nno] n ;CTION 5. Statutory material to be repealed is bracketed and stricken. New .atutory material is underscored. ;CTION 6. This Act shall take effect upon its approval. INTRODUCED BY: LINDA LINGLE F ;~q GOVERNOR A P +"'t 9 THEODORE E. LIU DIRECTOR DEPARTMENT OF BUSINESS, MARK V- ANDERSON DEK"MRCTOR K. i ECONOMIC DEVELOPMENT & TOURISM No. i Capitol District Building, 250 South Hotel Street, 5th Floor, Honolulu. Hawaii 96813 Telephone: (808) 585-2355 err A Mailing Address: P.O_ Box 2359, Honolulu, Hawaii 96804 Fax (808) 586-2377 4~fi6P Web site: w .hawail.gov/dbedt August 4, 2006 The Honorable Mel Rapozo President Hawaii State Association of Counties c/o Kauai County Council 4396 Rice Street, Suite 206 Lihue, Hawaii 96766 '06 ' 1 Dear Councilman Rapozo: On May 30, 2006, Governor Linda Lingle signed into law Act 150, which establishes a process for initiating and maintaining Hawaii's sister-state and sister-province relationships. Section 2 of the act requires that a Hawaii Sister-State Committee be established, within the Department of Business, Economic Development & Tourism, for administrative purposes. The purpose of the Committee will be "to advise the legislature on matters relating to sister state or province relations and relations, in general, between the State and the states or provinces of foreign countries." The Act requires that the Governor appoint five members, one member from, each of the five lists of nominees submitted by the following: 1) Speaker of the House of Representatives; 2) President of the Senate; 3) Native Hawaiian cultural organization; 4) East-West Center; and 5) Hawaii State Association of Counties. As President of the Hawaii State Association of Counties, we look forward to your submission of names for consideration for appointment to this Committee. We respectfully request that you submit your list by August 25, 2006, so that we can convene a meeting of this Committee shortly thereafter. If you have any questions, please call Dennis Ling of my staff at 587-2750. Sincerely, Theodore E. Liu P6Da ]i EXECUTIVE CHAMBERS HONOLULU LINDA LINGLE Gov, rj€ ao~ea HOn 6to ~41~S6 0. May 34, 2006 The Honorable Robert Bunda, President and Members of the Senate Twenty-Third State Legislature State Capitol, Room 003 Honolulu, Hawaii 96813 Dear Mr. President and Members of the Senate: This is to inform you that on May 30, 2006, the following bill was signed into law: S133192 SDI HD2 CD1 A BILL FOR AN ACT RELATING TO SISTER STATE AND PROVINCE RELATIONSHIPS. (ACT 150) Sincerely, LINDA LINGLE Approvea ay ine t,overnor MAY 3 0 2635 T ors 50- r THE SENATE 3192 TWENTY-THIRD LEGISLATURE, 2006 S .B . NO. S.D. 1 STATE OF HAWAII H.D. 2 CD=1 A BILL FOR AN ACT RELATING TO SISTER STATE AND PROVINCE RELATIONSHIPS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII- I SECTION 1. The purpose of this Act is to statutorily 2 reestablish the process for initiating and maintaining sister 3 state and sister province relationships as outlined by the 4 former state office of international relations in 1993. 5 SECTION 2. The Hawaii Revised Statutes is amended by 6 adding a new chapter to be appropriately designated and to read 7 as follows: 8 "CHAPTER 9 SISTER STATE AND PROVINCE RELATIONSHIPS 10 § -1 Definition. For the purposes of this chapter, 11 unless the context otherwise requires, "sister state or province 12 relationship" means a relationship between the State of Hawaii 13 and the state or province or similar governmental or political 14 subdivision of a foreign nation. is § -2 Hawaii sister state committee. There shall be 16 established the Hawaii sister state committee, to be placed 17 within the department of business, economic development, and 2006-2790 SB3192 CD1 SMA-l.doc f9PI~?;>!Rf?i~?~Ylf I~I91??Clll~fq?Iq?9tl?¶CIIV11'~InC~I(~V1961~1?9i?111?1?~gfil?p?~? Page 2 3192 S.B. NO. S.D.1 H.D. 2 C.D. 1 1 tourism for administrative purposes only, consisting of five 2 members appointed by the governor as provided in section 26-34- 3 The purpose of the committee shall be to advise the 4 governor and the legislature on matters relating to sister state 5 or province relations and relations, in general, between the 6 State and the states or provinces of foreign countries. The 7 governor shall appoint five members, one member from each of 8 five lists of nominees submitted respectively by the following: 9 (1) Speaker of the house of representatives; 10 (2) President of the senate; 11 (3) Native Hawaiian cultural organization; 12 (4) East-West Center; and 13 (S) Hawaii State Association of Counties. 14 A chair and vice chair of the committee shall be appointed 15 by the committee members from among themselves. Members shall 16 serve without compensation but shall be reimbursed for expenses, 17 including travel expenses, necessary for the performance of 18 their duties. 19 9 -3 initiating sister-state relationships. The Hawaii 20 sister state committee shall evaluate and develop 21 recommendations for the initiation of all sister state or 22 province relationships and forward its recommendation to the 2006-2790 SB3192 CD1 SMA-1.doc Page 3 S. B, i V V. 3192 S.D. 1 H.D. 2 C.D. 1 I legislature. The legislature, if it so chooses, shall implement 2 the recommendation to initiate a sister'state or province 3 relationship by either adopting a concurrent resolution or by 4 enacting session law to that effect. 5 S -4 Maintaining sister state relationships. The Hawaii 6 sister state committee shall periodically evaluate established 7 sister state relationships and forward its recommendations on 8 maintaining sister state relationships to the governor and to 9 the legislature. 10 9 -5 Dissolving sister state relationships. The Hawaii 11 sister state committee may make a recommendation to terminate a 12 sister state relationship it deems to be defunct, moribund, or 13 not beneficial and forward its recommendation to the 14 legislature. The legislature, if it so chooses, shall implement 15 the recommendation to terminate a sister state relationship 16 either by adopting a concurrent resolution or by enacting 17 session law to that effect." 18 SECTION 3. This Act shall take effect upon its approval. Z~ GOVERNOR OF THE STATE OF HAWAII 2006-2790 SB3192 CD1 SNA-l.doc Approved this day: MAY 3O 2U iVL~'IIII~IIr~~.~J~g9'If!9181<Vll~f Vfli~![IIIlf891!~Il~l~lfl~4'~~IE:IIEIsdVn!OILFBB S.B. No. 3192, S.D. 1, H.D. 2, C.D. 1 THE SENATE OF THE STATE OF HANVAII Date: May 2, 2006 Honolulu, Hawaii 96813 We hereby certify that the foregoing Bill this day passed Final Reading in the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006. *es nt of the Senate Clerk of the Senate THE HOUSE OF REPRESENTATIVES OF THE STATE OF HAWAII Date:May 2, 2006 Honolulu, Hawaii 96813 We hereby certify that the foregoing Bill this day passed Final Reading in the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006. C-4 Speaker, House of RRetprreesentativ Clerk, House of Representatives Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu Council Services 4396 Rice Stree Room 206, Lihu`e Hawaii 96766 " August 8, 2006 ` _ q E q Theodore E. Liu, Director Department of Business, Economic Development & Tourism P.O. Box 2359 Honolulu, 111 96804 Deax2Mr. Liu: as ae I am:.eceipt of your letter dated August 4, 2006, requesting that a member v.q of so a ion of bount~~ _p ti pate as onto th~five members of the ~awai ra5`i ter-State Committee, pursuant to Act 150 which was signed into law on May 30, 2006 by Governor Linda Ingle. [ Since our organization's neduled meeting is tentatively scheduled for October 13, 2006 and our board will not have Ggw ,p ortunity to take official action on yo' r request in order to submit names of those mt istetl fob your consideration by A gust 25, 2006, I will accept serving on this cam~m#tn§ g the interim. As a member of the Kauai County Council,' would; appreciate if your meetings were not scheduled on Wednesdays, since that is the, regular weekly scheduled day of our County Council and Committee meetingsy I look forward to hearing from you and participatzt#'. ~aviyF~a~S~41 the legislature on matters relating to' sister state or province rela~`i~;;'~`' he State and the states or provinces of foreign countries. ~y4sa ~'-~r ten"' In order to prepare for the!first meeting of this CommittQ;ease forward the current list of sister state or provinces of foreign countries, the criteria for the basis of the determination or any other pertinent information that would assist me. Thank you for your attention and consideration. S' cerely, MEL RAPOZO President, Hawaii State Association of Counties Councilmember, County of Kauai cc: HSAC Executive Committee Members Kauai County Council Members 10/13/06 HSAC Executive Committee Agenda ! CA/ds2006-366 ; <fi• o'r~ qh M. HIGA STATE OF HAWAII MARION M ~Pt ~g Sg •.~y OFFICE OF THE AUDITOR State Auditor 465 S. King Street, Room 500 f 1 (808) 587-0800 Honolulu, Hawaii 96813-2917 g FAX: (808) 587-0830 % '~,4 loo August 31, 2006 Mr. Mel Rapozo President Hawaii State Association of Counties o 3178 Kuhio Highway, Suite B2 Lihue, Hawaii 96766 Dear Mr. Rapozo: The Office of the Auditor is responsible for providing research and organizational support to the identify theft task force established by Act 140, SLH 2006,(HB 3244). The twenty-three member task force includes a member representing all the counties, appointed by the Hawaii State Association of Counties. As Act 140 calls for reports to the Legislature twenty days prior to the 2007 and 2008 sessions, we would like to convene the task force no later than the last week of September or early October. I look forward to receiving your appointee's name and contact information by September 15. Sincerely, a't4 cn v Marion M. Hig_ a State Auditor Encl: Act 140, SLH 2006 ORIGINAL ACT 140 HOUSE OF REPRESENTATIVES 3244 TWENTY-THIRD LEGISLATURE, 2006 H .B . NO. H.D. 1 STATE OF HAWAII S.D. 2 C: D 1 A BILL FOR AN ACT RELATING TO IDENTITY THEFT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: I SECTION 1. In 2005, the Hawaii anti-phishing task force 2 was established in the department of the attorney general to 3 develop state policy on how best to prevent further occurrences 4 of phishing and other forms of electronic commerce-based crimes 5 in the state. The task force focused on: 6 (1) Examining state agencies charged with the 7 responsibility of developing policies, procedures, and 8 operations to prevent, monitor, and enforce electronic 9 commerce-based criminal activities and sanctions; 10 (2) Deriving best practice models from the review of other 11 jurisdictions' activities, policies, and laws,related 12 to the prevention of electronic commerce-based crimes; 13 (3) Exploring other options available to the task force to 14 deter electronic commerce-based crimes from occurring 15 in the state; and 16 (4) Establishing findings and recommendations on 17 electronic commerce-based crime prevention. HB3244 CD1 HMS 2006-3845 III~PIIIIIIIIG&N~p~I~IGNIII@IIIVW'pI~IOI~IIti7bIWIIIIQilill Inll6f~~ ~I~ NNW f Paget 3244 ! '.B. NO. n I V H.D. 1 S.D. 2 C.D. 1 I The task force submitted to the legislature findings and 2 recommendations on deterring electronic commerce-based crime. 3 The purpose of this Act is to implement the recommendations 4 of the ~,ask force on identity theft. 5 PART I 6 SECTION 2. Act 65, Session Laws of Hawaii 2005, is amended 7 by amending section 2 to read as follows: g "SECTION 2. (a) There is established [within the 9 ] an 10 identity theft task force to examine options to prevent 11 electronic commerce-based crimes in the (State.] state and to 12 safeguard and protect from identity theft all personal 13 identifying information in public documents across the gamut of 14 state and county agencies. 15 (b) The [Hawaii anti ph "M. ] identity theft task force 16 shall include members as follows: 17 (1) The attorney general or the attorney general's 18 designee; 19 (2) The director of the office of consumer protection; 20 (3) The United States Attorney for the District of Hawaii 21 or the United States Attorney's desiqnee; Page 3 H, B. NO. 3244 H.D. 1 S.D. 2 C.D. 1 1 (4) Two members [e£-he Bawaii state senate] appointed by 2 the president of the senate; 3 (5) Two members [ ` the Hawaii ate he~ise at 4 ) appointed by the speaker of the house 5 of representatives; 6 (6) Two members representing the financial services 7 industry, one appointed by the president of the senate 8 and one appointed by the speaker of the house of 9 representatives; 10 (7) A member of the Honolulu police department's criminal 11 investigation division; [ate] 12 (8) A member of the Honolulu field office's United States 13 Secret Service electronic crimes unit[-]; 14 (9) The administrative director of the judiciary or the 15 administrative director's designee; 16 (10) A member representing all of the county police 17 departments, appointed by the police chiefs; 18 (11) A member representing the Hawaii Prosecuting 19 Attorneys' Association; 20 (12) A member representing the United States Postal 21 Service; 22 (13) A member representing the University of Hawaii; HB3244 CD1 HMS 2006-3845 ~mih),nano([(()ueuur(m~u([[FUU~(um[n~u(oRUnu(uluiu[uunudu[ Page 4 3244 H. B. NO. H.D. 1 S.D. 2 C.D. 1 1 (14) A member representing the department of education; 2 (15) A member representing all of the counties, appointed 3 by the Hawaii State Association of Counties; 4 (16) Two members representing consumer and business 5 organizations one appointed by the president of the 6 senate and one appointed by the speaker of the house 7 or representatives;. 8 (17) Two members representing the retail and small business 9 community, one appointed by the president of the 10 senate and one appointed by the speaker of the house 71 of representatives; and 72 (18) A member representing the department of accounting and 13 general services. 14 (c) The task force shall: 15 (1) Examine the policies, procedures, and operations of 16 state agencies charged with the responsibility of 17 developing policies to prevent electronic 18 commerce-based crimes, monitoring electronic 19 commerce-based criminal activity, and enforcing 20 electronic commerce-based criminal sanctions; 21 (2) Review other jurisdictions' activities, policies, 22 directives, and laws related to preventing electronic HB3244 CM HMS 2006-3845 Page 5 3244 H. B. Iv w, O. H.D.1 S.D. 2 C.D. 1 1 commerce-based crimes and derive best (praetlees] 2 practice models therefrom; 3 (3) Explore any other options available to the task force 4 to deter electronic commerce-based crimes from 5 occurring in the State; (a-Frdj 6 (4) Establish findings and develop.recommendations on how 7 the State may best deter electronic commerce-based g crimes from occurring in the [tee.) state; 9 (5) Identify the best practices to prevent identity theft 10 by reviewing other jurisdictions' activities, 11 policies, and laws related to protecting personal 12 identifying information collected by government 13 agencies, and establishing a timetable for the 14 immediate removal of personal identifying information 15 from public records in Hawaii, including: 16 (A) The review of current practices associated with 17 use and disclosure for public inspection of 18 social security numbers in any records or 19 documents maintained by state and county 20 aoencies; 21 (B) The review of the current volume of these records 22 or documents and likely future increase or H83244 CDl HMS 2006-3845 NINGINGRII PRGR1~11NPINNIIRENnl1!RpIRPNIGII!INRININI'I RGNIIINGNNINI~RC Page 6 H. B. A, O' 3244 'v H.D. .D1 S.D. 2 C.D. 1 1 decrease in the volume of these records or 2 documents; and 3 (C) The practicability of any proposed mandatory q redaction for certain types of records or 5 documents and the impact that any proposed 6 mandatory redaction may have on human or other 7 resources necessary to implement the redaction; g and 9 (6) Identify and recommend solutions to issues involving 10 social security number protection, including the sale, 11 lease, trade, rent, or otherwise intentional release 12 of an individual's social security number to a third 13 party- 14 (d) The members of the task force shall select the 15 chairperson of the task force and shall be reimbursed for 16 expenses including travel expenses, necessary for the 17 performance of their duties. 1s 1444-) (e) The task force shall submit its findings and 19 recommendations to the legislature, including any proposed 20 legislation,, no later than twenty days prior to the convening of 21 the [--2J£) 2007 regular session[-) and the 2008 regular session. HB3244 CD1 HMS 2006-3845 nemm nn nu wr nn nG n mG PduiG tlG G81N II IK MGI tl IItlR GiJNG IIN R E I11191114IiIB 6B IIG Page 7 3244 H. B. lv w, o. H.D:1 S.D. 2 C.D. 1 1 [-fe+) (f) The [department of the atteEne general] office 2 of the auditor shall provide the research and organizational 3 support services necessary to assist the task force in achieving 4 its purpose as required under this Act. S [{t}) (g) The task force shall cease to exist on 6 30, 2006 ) December 31, 2007." ' 7 SECTION 3. There is appropriated out of the general 8 revenues of the State of Hawaii the sum of $50,000 or so much 9 thereof as may be necessary for fiscal year 2006-2007 for 10 research and support services, including reimbursement of 11 expenses for members. 12 The sum appropriated shall be expended by the office of the 13 auditor for the purposes of this Act. 14 SECTION 4. All appropriations, records, equipment, is machines, files, supplies, contracts, books, papers, documents, 16 maps, and other personal property heretofore made, used, 17 acquired, or held by the department of the attorney general 18 relating to the functions transferred to the office of the 19 auditor shall be transferred with the functions to which they 20 relate. HB3244 CD1 HMS 2006-3$95 hill[lYllillltllY9 V[6fIIG1NgIIIIlgpbllCmgYGpI~BIYh IUiNW1111lRNMINN Page 8 H. B. NOW 3244 'v H.D.1 S.D. 2 C.D. 1 1 PART II 2 SECTION 5. Numerous law enforcement agencies in the state 3 have adopted and implemented strategies to address and combat 4 the increasing problem of identity theft. In particular, the 5 department of the attorney general has committed a substantial 6 amount of its resources and has worked closely with almost every 7 criminal enforcement authority in the state in an effort to 8 thwart identity theft. In 2002, the department created the 9 Hawaii high technology crime unit to increase the number of 10 investigations and prosecutions of computer-related crimes. The 11 unit focuses on prosecuting crimes involving Internet fraud and 12 recovering money for victims. The unit also creates and 13 administers task forces, which are composed of federal, state, 14 and county law enforcement agencies. The task forces coordinate 15 investigations, share resources, and provide community outreach. 16 Despite current participation from various departments and 17 agencies, more effort is needed to effectively combat the 18 occurrence of identity theft, prosecute criminals, and enforce 19 penalties. Law enforcement authorities track identity theft 20 crimes in various ways; the current tracking methods do not 21 provide accurate statistical information about identity theft in 22 the state. A uniform system of tracking will provide law HB3244 CD1 HMS 2006-3845 illiV:IERIIIIfWfI[p1C1118C~llll!H;hV~ h1~IdIRIIIpUItl11111111kIIII~iI1N@~9R Page 9 H. B. NO. 3244 H.D. 1 S.D. 2 C.D. 1 1 enforcement authorities with a better understanding of the depth 2 and pervasiveness of the problem in Hawaii. 3 Once adopted and implemented by law enforcement 4 authorities, the uniform tracking and reporting system will 5 yield better statistics on the range and breadth of identity 6 theft and electronic crimes. The compiled data is intended to 7 be used to support a future U.S. Secret Service application for 8 designation of Hawaii as one of its regional centers for the 9 Electronic Crimes Task Force. 10 SECTION 6. There is appropriated out of the general 11 revenues of the State of Hawaii the sum of $50,000 or so much 12 thereof as may be necessary for fiscal year 2006-2007 for the 13 high technology crime unit and the crime prevention and justice 14 assistance division of the department of the attorney general to 15 develop a uniform system of tracking identity theft crimes. 16 The sum appropriated shall be expended by the department of 17 the attorney general for the purposes of this Act. 18 SECTION 7. Statutory material to be repealed is bracketed 19 and stricken. New statutory material is underscored. 20 SECTION 8. This Act shall take effect upon its approval; 21 provided that sections 3 and 6 shall take effect on July 22 2000. HB3244 CM HMS 2006-3845 InBtlBlflU~ll€~II~I~aM ~18EaIVll181€~IIRG161p~1f~ Il"11'pIIIIN~18kIE~~B H.B. NO. Ho, S.D. 2 GD 1 ArPROVED this 2 S d8y of MDV , 2006,,- GOVERNOR OF THE STATE OF HAWAII HB No. 3244 HD 1 SD 2 CD I THE HOUSE OF REPRESENTATIVES OF THE STATE OF HAWAII Date: May 2, 2006 Honolulu, Hawaii We hereby certify that the foregoing Bill on this day passed Final Reading in the House of Representatives of the Twenty-Third Legislature of the State of Hawaii, Regular Session of 2006. Cab Calvin K.Y. Say Speaker House of Representatives Patricia Mau-Shimizu Chief Clerk House of Representatives THE SENATE OF THE STATE OF HAWAII Date: May 2, 2006 Honolulu, Hawaii We hereby certify that the foregoing Bill on this day passed Final Reading in the Senate of the Twenty-Third Legislature of the State of Hawaii, Regular Session of 2006. R Art tBundka President of the Senate Paul Kawaguchi Clerk of the Senate Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu County of Kauai Council Services 4396 Rice Street, Suite 206, Lshu`e Hawaii 96766 y September 15, 2006 Ms. Marion M. Higa State Auditor Office of the Auditor 465 S. King Street, Room 500 Honolulu, HI 96813-2917 Dear Ms. Higa: Ub :L 1 i4u' .YC :4 Subiect: Hawaii Anti-Phishing Task Force I nfit3,'recpipt ofyouur letter dated August ,1,_ 2006 'requesting that a s r mEOber representing all the counties, appointed by the Hawaii State Association of Counties, participate as one of¢he twenty-three members of the Identity Theft Task Force, pursuant to Act 1 yv#jch was signed into law oa May 25, 2006 by Governor Lingle. , Since our organization's next meetmg` is tentatively scheduled for October 13, 2006 and our board will not have an opportllralt ' take official action on your request to submit a name by September 15, 20Q6z 1%xi~t accept serving on this committee during the interim. As a member of the Kauai County Council, I would app~eaiae if your meetings were "not scheduled- on Wednesdays; since that is the re`guja7~ weekly scheduled day of our Council and Committee meetings. , I. look forward to participating in this important task lpYre,, si ce I_ am currently a private investigator and a Certified Identiy Theft Risc;aV1'aliageement Specialist. In order to prepare for the first meeting of this Committee, please forward any information that may assist me. Thank you for your interest in having our organization represented in this task force. Sincerely, MEL RAPOZO President, Hawaii tate Association of Counties Councilmember, County of Kauai cc: HSAC Executive Committee Members Kauai County Council Members If ! 10/13/06 HSAC Executive Committee Agenda CA/ds2006-449 ' Date: Wed, 23 Aug 2006 11:08:21 -0700 To: dain.kane@co.maui.hi.us From: Vallia Dahdouh <vdahdouh@lgc.org> Subject: Invitation to Cosponsor the New Partners for Smart Growth Conference Your Response is Needed Cc: Bee: X-Attachments: :Beech HD:3913514:NP07 Cosponsor Response Form: Mr. Dain P. Kane President Hawaii State Association of Counties 200 South High Street Wailuku, HI 96793-0000 Dear Mr. Kane: The Local Government Commission (LGC) is pleased to announce that planning is underway for the 6th Annual New Partners for Smart Growth: Building Safe, Healthy and Livable Communities, to be held February 8-10, 2007 in Los Angeles, California. We believe this conference is of great interest to your orpanization and would like to invite Hawaii State Association of Counties to cosponsor the event One of the unique features of this annual national event is its multi-disciplinary approach to implementing smart growth principles to help build safer, healthier, more economically viable, transit- oriented and pedestrian-friendly communities across the nation. Organizations, agencies, foundations and companies representing the environment, transportation, public health, the development community, planning, architecture, water, housing, crime prevention, local government, financial institutions, educators, the real estate community, advocates for older adults and youth, social equity advocates, bicycle and pedestrian advocates - all have signed on in support of this effort, and will play a role in shaping long-term smart growth solutions that address all of these concerns. The conference will build on the first five highly successful conferences in this series, held in 2002 in San Diego, 2003 in New Orleans, 2004 in Portland, 2005 in Miami Beach, and 2006 in Denver. We anticipate that this conference will draw a national multi-disciplinary of over 1,000 participants from across the nation. Please note: Your role as a conference cosponsor is to help ensure a well-publicized, well-attended event. We ask only for permission to use your name on conference materials and the conference webpage, for your assistance in publicizing the conference. to your members through your newsletters, publications, webpage and email lists, and for your help in distributing information about this event to any individuals who you feel would be likely to attend. Once your cosponsorship is confirmed, we will work directly with you to determine which of the above options will work the best to get information out to your members and constituency about this event. The success of this conference will depend largely on the support and assistance of organizations like yours. We hope that you will consider becoming a cosponsor of this very exciting event. Enclosed please find a Cosponsorship RSVP form that you can quickly use to indicate your interest. If you have any questions, please feel free to contact Vallia Dahdouh at (916) 448-1198 ext 327, or myself at ext. 308. Thank you for your consideration! Sincerely, Michele Warren Program Director Thanks, Vallia Dahdouh Project and Publications Coordinator Local Government Commission 1414 K Street, Suite 600 Sacramento, CA 95814 916-448-1198 ext. 327 Fax 916-448-8246 vdahdouh@lgc.org Mark Your Calendar! The 6th Annual New Partners.for Smart Groti-wh Conference will be held February 8-10, 2007 at The Westin Bonaventure Hotel in Los Angeles, California. Visit the conference Web site at http://www.NewPartners.org for more details on this important event! "The Local Government Commission is a non-partisan membership organization that provides inspiration,technical assistance, and networking to local elected officials and other dedicated community leaders who are working to create healthy, walkable, and resource-efficient communities." Thanks, Vallia Dahdouh Project and Publications Coordinator Local Government Commission 1414 K Street, Suite 600 Sacramento, CA 95814 916-448-1198 ext. 327 Fax 916-448-8246 vdahdouh@lgc.org Mark Your Calendar! The 61h Annual New Partners for Smart Growth Conference will be held February 8-10, 2007 at The Westin Bonaventure Hotel in Los Angeles, California. Visit the conference Web site at http://www.NewPartners.org for more details on this important event! "The Local Government Commission is a non-partisan membership organization. that provides inspiration,technical assistance, and networking to local elected officials and other dedicated New Partners for Smart Growth Page 1 of 9 x • 11 rrTr LA ~ T 11 I m • """-i r e _ xl-f*: •f F~ 111 ey,'.._' z February 8-10, 2007 Los Angeles, California' Home "Pg Place Making is proud to be a sponsor of the 6th Annual New Partners for Smart Growth Conference. Working in concert with our About the event clients to build safe, healthy, and livable places, particularly through integrated land use and transportation infrastructure projects, has Agenda been the focus of our company's practice for over a century of invited speakers professional service. We embrace the long-term goals of sustainabilit that the Conference promotes, and look forward to being an active special Features supporter of and participant at this important event." Sponsors -Paul F. Morris, FASLA, Managing Principal, PB PlaceMakin Past President, ASt Registration - Location Confirmed sponsors and co-sponsors as of September 15, 2006 Air Travel & Transportation This exciting event is being brought to you through the generous support of thl New Partners for Smart Growth Page 2 of 9 Join the LGC many conference sponsors who are committed to this effort and to the collaborative smart-growth theme on which it is based. These agencies, contact organizations, and companies provide the necessary monetary and in-kind support, and their active role in the planning process and program developmen Events help shape this dynamic multidisciplinary event. The commitment and willingnE of these diverse groups and their different constituencies to work together in Email to Friend support of this project show what can be accomplished through innovation and collaboration. To understand the levels of sponsorship, view or print this Sponsorships and Contributions and Benefits Chart (PDF). For information on how to become conference sponsor, e-mail Michele Kelso Warren at m_kwarren@igc.org. Conference Sponsors AMMAW QJ LA_ &&al s California Department of Transportation KAISER PERMANENTE. thrive Kaiser Permanente SlrlAhr1 11 1 F1. Smart Growth Network ent le9:nmw A F['~]lEniLd Stan nal Peo[ecum Agenct U.S. EPA Major Funders ASL,A American Society of Landscape Architects I 6' Annual New Partners for Smart Growth: Building Safe, Healthy & Livable Communities Conference February 8-10, 2007 - Los Angeles, California SPONSORSHIP CONTRIBUTIONS AND BENEFITS Sponsorship Categoru Level of Support Benefits and Recognition Conference $25,000 and ' Ten complimentary registrations Sponsors above • Display Space with skirted table • Name/Logo on all promotional materials, Website, Event Stationary, and Final Program Participation in Nat'l Planning Committee • Invitation to Special Reception for Funders Mentioned in media releases Acknowledgments by Conference Chair Major Funders $10,000- • Four complimentary registrations ' Display Space with skirted table $24,999 Name/Logo on all promotional materials, Website, Event Stationary, and Final Program • Invitation to Special Reception for Funders Mentioned in media releases • Acknowledgments by Conference Chair Benefactors $5,000 Three complimentary registrations Display Space with skirted table • Invitation to Special Reception for Funders Logo/ Link on conference on Website Name on conference materials I Patrons $2,500 Two complimentary registrations Display Space with skirted table Logo/ Link on conference Website j Name on conference materials Su OrterS $1 QQQ Logo/ Link on conference Website pp Name on conference materials I Cosponsors $0 Name on conference materials - only • available to government agencies and not- for-profit organizations in exchange for in- kind support and promotion of the conference HB430 Page 1 of 3 Report Title: Traffic Offenses; Fines Description: Requires payment to the counties of 50% of all the fines and forfeitures collected for uncontested traffic infractions committed in that county from 7/1/05, to 6/30/06, and 100% after 7/1/06. HOUSE OF REPRESENTATIVES 430 TWENTY-THIRD LEGISLATURE, 2005 H ¦ B . N O • STATE OF HAWAII A BILL FOR AN ACT RELATING TO UNADJUDICATED TRAFFIC FINES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "CHAPTER TRANSMITTAL OF UNADJUDICATED TRAFFIC FINES TO COUNTIES §291C-A Definitions. For purposes of this part, unless the context clearly requires otherwise: "Traffic infractions" means the same as defined under section 291D-2. "Uncontested traffic infraction" means a traffic infraction for which the person noticed under section 291D-5 does not contest the infraction. A person "does not contest" an infraction if, in accordance with section 291D-6(b)(1), the person admits the commission of the infraction without requesting a hearing to explain mitigating circumstances and pays or remits bail forfeiture by mail within thirty days. http://www.capitol.hawaii.gov/sessioneurrent/Bills/HB430_.htm 10/12/2006 HB430 Page 2 of 3 §291C-B Transmittal of fines and forfeitures from July 1, 2005 through June 30, 2006. (a) From July 1, 2005 through June 30, 2006, the state director of finance shall transmit to each county, not more than thirty days after the end of each fiscal quarter, fifty per cent of all the fines and forfeitures collected for uncontested traffic infractions committed in that county that are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau. (b) Subsection (a) shall not apply to: (1) Fines and forfeitures for violations that occur on state off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; and (2) Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund. No county shall be entitled to any portion of the fines and forfeitures described in this subsection. §291C-C Transmittal of fines and forfeitures from July 1, 2006. (a) From July 1, 2006, the state director of finance shall transmit to each county, not more than thirty days after the end of each fiscal quarter, all the fines and forfeitures collected for uncontested traffic infractions committed in that county that are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau. (b) Subsection (a) shall not apply to: (1) Fines and forfeitures for violations that occur on state off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; and (2) Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund. No county shall be entitled to any portion of the fines and forfeitures described in this subsection." SECTION 2. Section 291C-171, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments http://www.capitol.hawaii.gov/sessioncurrent/Bills/HB430_.htm 10/12/2006 HB430 Page 3 of 3 collected relating to the commission of traffic infractions shall be paid to the director of finance of the State. The judiciary shall identify those uncontested traffic infractions as defined in section 291C-A The disposition of fines and forfeitures paid to the state director of finance shall be subject to sections 291C-B and 291C-C." SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2005. INTRODUCED BY: http://www.capitol.hawaii.gov/sessioncuffent/Bills/HB430_.htm 10/12/2006 SB583 Page I of 3 Report Title: Traffic Offenses; Fines Description: Requires payment to the counties of 50% of all the fines and forfeitures collected for uncontested traffic infractions committed in that county from 7/1/05, to 6/30/06, and 100% after 7/1/06. THE SENATE 511 TWENTY-THIRD LEGISLATURE, 2005 c v ¦ B ¦ N O • STATE OF HAWAII A BILL FOR AN ACT RELATING TO UNADJUDICATED TRAFFIC FINES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "CHAPTER TRANSMITTAL OF UNADJUDICATED TRAFFIC FINES TO COUNTIES §291C-A Definitions. For purposes of this part, unless the context clearly requires otherwise: "Traffic infractions" means the same as defined under section 291D-2. "Uncontested traffic infraction" means a traffic infraction for which the person noticed under section 291D-5 does not contest the infraction. A person "does not contest" an infraction if, in accordance with section 291D-6(b)(1), the person admits the commission of the infraction without requesting a hearing to explain mitigating circumstances and pays or remits bail forfeiture by mail within thirty days. http://www.capitol.hawaii.gov/sessioncurrent/Bills/SB583_.htm 10/12/2006 SB583 Page 2 of 3 §291C-B Transmittal of fines and forfeitures from July 1, 2005 through June 30, 2006. (a) From July 1, 2005 through June 30, 2006, the state director of finance shall transmit to each county, not more than thirty days after the end of each fiscal quarter, fifty per cent of all the fines and forfeitures collected for uncontested traffic infractions committed in that county that are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau. (b) Subsection (a) shall not apply to: (1) Fines and forfeitures for violations that occur on state off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; and (2) Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund. No county shall be entitled to any portion of the fines and forfeitures described in this subsection. §291C-C Transmittal of fines and forfeitures from July 1, 2006. (a) From July 1, 2006, the state director of finance shall transmit to each county, not more than thirty days after the end of each fiscal quarter, all the fines and forfeitures collected for uncontested traffic infractions committed in that county that are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau. (b) Subsection (a) shall not apply to: (1) Fines and forfeitures for violations that occur on state off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; and (2) Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund. No county shall be entitled to any portion of the fines and forfeitures described in this subsection." SECTION 2. Section 291C-171, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments http://www.capitol.hawaii.gov/sessioncurrent/Bills/SB583_.htm 10/12/2006 SB583 Page 3 of 3 collected relating to the commission of traffic infractions shall be paid to the director of finance of the State. The judiciary shall identify those uncontested traffic infractions as defined in section 291C-A The disposition of fines and forfeitures paid to the state director of finance shall be subject to sections 291C-B and 291C-C." SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 9. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2005. INTRODUCED BY: http://www.capitol.hawaii.gov/sessioncurrentBills/SB583_.htm 10/12/2006