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HomeMy WebLinkAboutCOM 0688.000 1996-1998 ;:.w..K Hawaii State Association of Counties Counties of Kauai, Maui anti Hawaii, City 8. County of Honolulu ~h w •~YF` January 23, 1998 nma-! BY• w ~ i....~----------~' To: James Arakaki, Chairman County Council and Members of the Hawaii Cou~nt/y Counci] From: AI Smith, Secretary-Treasurer clpr Hawaii State Association of Counties (HSAC) Subject: HSAC Executive Committee Meeting -January 21, 1998 The following highlights of the HSAC Executive Committee meeting of January 21, 1998 are hereby submitted. The Secretary's Minutes of the Executive Committee Meeting of December 10, 1997 were approved and placed on file (Attached for information). The Treasurer reports for November 1997 and December 1997 was approved and placed on file (Attached for information). Under NACo/WIR Reports, President Mansho advised that Hawaii will have a booth at the NACo Legislative Conference where counties will be able to promote their islands as pre or post conference destinations for the WIR Conference in Juneau and the Annual Conference in Portland. Councilmember Kouchi reported that the deadline to include legislation in the NACo package is January 31, 1998. Under Unfinished Business, all four counties approved items relating to privatization and recreational tort liability for inclusion in the ] 998 HSAC Legislative Package. The Executive Committee deferred action on other legislative package items pending approval by all counties. It is requested that the Hawaii County Council consider a legislative proposal authorizing the counties to establish a general excise tax of one-half percent. (Attached, action requested). An amended version of the HSAC Legislative Policy Statement, United States Air Rights Negotiations and the Statewide Uniform Alcohol and Substance Abuse Testing Policy were approved by all counties. A copy of the amended HSAC policy statement is provided for your information. (Policy attached). (.e~i..x. l~~a • t~•t_..._._. :1~P1 6 1998 r?•_ Chair Arakaki & Members January 23, 1998 Page ? Under New Business, the Executive Committee reviewed City & County resolutions expressing opposition to the United Nations protocol on global warming and the Environment Protection Agency's newly adopted standards on ozone and particulate matter. These resolutions were forwarded to the counties for consideration. (Attached, action requested). There being no further business, the meeting was adjourned. Attachments. AS/ctd Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii. City 8. County of Honolulu hP.v ,y~'~ HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE MEETING December 10, 1997 Turtle Bay Hilton Golf and Tennis Resort Kahuku, Oahu, Hawaii I. CALL TO ORDER The HSAC Executive Committee was called to order by President Rene Mansho at 9:45 a.m. The following members present made up a quorum: City and County of President Rene Mansho Honolulu Staff AndrewSekine Staff Ann Thornock County of Maui Maui Alternate Charmaine Tavazes First Vice President Dennis Nakamura (arrived later) Staff David Raatz County of Kauai Second Vice President Ronald Kouchi Staff Cyndi Ayonon County of Hawaii Secretary-Treasurer Al Smith Staff Gerald Monden Staff Georgette Kamakaiwi II. EXECUTIVE COMMITTEE MEETING MINUTES The minutes of the November 14, 1997 meeting of the HSAC Executive Committee were approved as circulated. TREASURER'S REPORT The Treasurer's Report for the month of October 1997 was approved as circulated. ,,.eat .O IV. REPORTS A. Executive Committee Reports An Executive Committee Report on the approval of an HSAC position urging the Hawaii State Government to comply with Section 209E-9 of the Hawaii Revised Statutes, which authorizes the counties to designate enterprise zones (Approved on November 14, 1997) was received and placed on file.. B. County Report There were no County Reports. C. NACo Report Second Vice President Kouchi reported that the NACo Board of Directors did meet in Minnesota over the past weekend (12/4-5/97). First, an aggressive investment strategy for portions of NACo's reserves have resulted in higher interest earnings ($30,000 to $40,000 over the projected $260,000 was reported. This strategy will be continued next year. Second, NACo's three year plan of saving 4% of its budget each year into a operating reserve fund that will be equivalent to 45% of the operating budget by the year 2007 was approved. NACo anticipates that in 2007, it will be making decisions on housing its headquarters. Finally, NACo has initiated some meetings with the President in looking at the various kinds of celebrations being planned for the millennium. If any of the counties are aware on any planning for the millennium, it is suggested that this information be forwarded to NACo. President Mansho also reported the receipt of a letter dated November 20, 1997, from NACo President Randy Johnson which advised that there was no sunset to the 2.8% annual dues increases for NACo. D. WIR Report President Mansho advised the Executive Committee that the Western States are being offered an opportunity to promote their State or Counties as apre- or post- WIR and/or Annual Conference sights. At the Legislative Conference in March, NACo will have available space for Counties to setup information booths. Hawaii has reserved a space. In working with your respective Visitors Bureaus, each county could bring up something to the Legislative Conference to promote Hawaii as an pre- or postconference destination. 2 V. UNFINISHED BUSINESS A. HSAC Legislative Package The purpose of this item is to discuss proposals for the 1998 HSAC Legislative Package. See memorandum from Dennis Y. Nakamura, HSAC First Vice President to President Mansho, dated October 7, 1997; and communication from David Raatz, Maui OCS, to Andrew Sekine, Honolulu OCS, dated November 6, 1997. Action on the 1998 HSAC Legislative Package was deferred pending action by all the counties. B. Privatization The purpose of this item is to act on a resolution requesting the Governor and the State Legislature to give priority attention to addressing and resolving matters relating to privatization. See Honolulu Council Resolution 97-339. Action on this item was deferred pending action by Maui on 1/] 6/97 and Kauai on 12/17/97. Both Hawaii County and Oahu reported approval on December 3, 1997. C. HSAC Legislative Policy Statement The purpose of this item is [o act on a draft of the 1998 HSAC Legislative Program Policy Statement. See Honolulu Council Resolution 97-271, CD 1. Action on this matter was deferred pending action by Maui County on 1/16/98. All other counties have reported approval of either the original version or the compromise version of the 1998 HSAC Policy Statement. Hawaii County adopted the original version on 11/13/97; Kauai County adopted the original version on 9/10/97; and the City and County adopted the amended version on December 3, 1997. D. United States Air Rights Negotiations The purpose of this item is to act on HSAC's proposal to support Honolulu Council Resolution 97-126, CD1, urging the United States Department of Transportation to recognize Hawaii s geographic constraints during air rights negotiations. This matter was deferred pending action by the county of Maui. 3 E. Statewide Uniform Alcohol and Substance Abuse Testing Policy The purpose of this item is to act on a resolution urging the Governor and the four counties of the State to collectively establish a statewide uniform alcohol and substance abuse testing policy. See Honolulu Council Resolution 97-255. This matter was deferred pending action by the county of Maui. F. National Policy on Alcohol and Substance Abuse Testing Program The purpose of this item is to act on a resolution urging the President of the United States and the members of the U.S. Congress to establish a nationwide uniform alcohol and substance abuse testing policy. See Honolulu Council Resolution 97-314. This matter was deferred pending action by the counties of Kauai and Maui. G. Proposed Interim Amendments Dividing Duties Of Secretary-Treasurer The purpose of this item is [o act on the proposed interim bylaws and policy amendments to divide the duties of the HSAC Secretary-Treasurer. See Honolulu Council Resolution 97-272. All four counties have reported approval of these proposed interim bylaws and policy amendments. The Hawaii County Council approved these amendments on 10/1/97; [he Kauai County Council approved these amendments on 9/10/97; the Maui County Council approved these amendments on 12/9/97; and the City and County of Honolulu approved these amendments with the adoption of Honolulu Council Resolution 97-272 on October 15, 1997. Your Executive Committee recommends submittal of the Proposed Interim Bylaw and Policy amendments dividing the duties of the HSAC Secretary-Treasurer among two newly-created positions of HSAC Secretary and HSAC Treasurer and the deletion of one HSAC Vice President position to the General Membership for ratification and adoption. H. HSAC End-of--Year Conference (Maui County) The purpose of this item is to discuss the planning of the HSAC End-of--Year Conference. Maui County will be looking at June 9-]0, 1998 as tentative dates. 4 i, VI. NEW BUSINESS A. HSAC and NACo Statement of Values HSAC is in receipt of a NACo Statement of Values which was adopted by the NACo Board of Directors and its General Membership on July 15, 1997. Council Member Tavares from Maui noted that these (7) values seem to cover what is already in Maui County's adopted Mission Statement and Goals. It is proposed that HSAC also adopt these Statement of Values. This matter was referred to the counties for consideration. VII. COMMUNICATIONS The following communications were placed on file: A. From Al Smith, HSAC Secretary-Treasurer, to President Mansho, dated November 5, 1997, regarding net proceeds for the 1997 HSAC Year-End Conference. B. From President Mansho to Wayne Nishiki, Chair, Committee of the Whole, Maui Council, dated November 20, 1997, regarding outstanding legislative issues. C. From President Mansho to Wayne Nishiki, Chair, Committee of the Whole, Maui Council, dated November 20, 1997, regarding the 1998 HSAC Legislative Program Policy Statement. D. From President Mansho and AI Smith, HSAC Secretary -Treasurer, to Coopers & Lybrands L.L.P., dated November 5, 1997, regarding audit of HSAC financial statements. E. From Al Smith, HSAC Secretary-Treasurer, to HSAC Executive Committee Members, dated December 1, 1997, transmitting the FY 1997 HSAC Financial Audit. VIII. ANNOUNCEMENTS The next meeting of the HSAC Executive Committee is scheduled for 10:00 a.m. on January 20, 1998 at the Honolulu City Council Committee Room. 5 IX. ADJOURNMENT There being no further business, the meeting of the Executive Committee was adjourned at 10:25 a.m. Very truly yours, AL SMITH Secretary-Treasurer Hawaii State Association of Counties 6 Hawaii State Association Ur Counties Counties of Kauai, Maui and Hawaii, City ~ County of Honolulu 33 q v 1i~ t~ '~:'w December 9, 1997 The Executive Committee Members Hawaii State Association of Counties Dear Sirs: Please find enclosed the report of the Association's revenues collected and expenses paid for the f scal period November 1 to November 30, 1997. Very truly yours, ~y~""'~i AL SMITH Secretary-Treasurer Hawaii State Association of Counties Enclosure HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period :November 1 through November 30, 1997 FUND BALANCE AT BEGINNING DATE $39,133.78 This Year to Period Date Budget Receipts 001 Membership Fees $0.00 $14,000.00 $28,000.00 010 Conference Income $4,846.65 $4,846.65 $6,000.00 0301nterest Income $127.60 $470.51 $1,300.00 090 Miscellaneous $0.00 $2,429.80 $0.00 Total $4,974.25 $21,746.96 $35,300.00 TOTAL RECEIPTS THIS PERIOD $4,974.25 Disbursements Executive Committee 201 Travel $0.00 $0.00 $3,300.00 202 Auditing Services $962.91 $4,062.47 $4,500.00 203 Stationery $0.00 $0.00 $0.00 209 Miscellaneous $0.00 $0.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,200.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $0,00 $1,596.00 $9,000.00 402 Promotional $0,00 $0.00 $500.00 403 Dues $0.00 $0.00 $18,992.00 409 Miscellaneous $0.00 $0.00 $500.00 WIR 501 Travel $0.00 $0.00 $3,000.00 502 Promotional $0.00 $0.00 $500.00 503 Dues $0.00 $0.00 $2,200.00 509 Miscellaneous $0.00 $0.00 $0.00 Conferences 606 FY 95-96 Annual $0.00 $0.00 $0.00 607 FY 96-97 Mid Year $1,000.00 $1,000.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 Advance for WIR Conference(repmt) $0.00 $0.00 $0.00 TOTAL $1,962.91 $6,658 47 $44,292.00 TOTAL EXPENSES THIS PERIOD $1,962.91 FUND BALANCE AT END OF PERIOD $42,145.12 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii. City 8, County of Honolulu ~f1 , ~~~~I January 12, 1998 The Executive Committee Members Hawaii State Association of Counties Deaz Sirs: Please find enclosed the report of the Association's revenues collected and expenses paid for the fiscal period December 1 to December 31, 1997. Very truly yours, AL SMITH Secretary-Treasurer Hawaii State Association of Counties Enclosure .O HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period :December 1 through December 31, 1997 FUND BALANCE AT BEGINNING DATE $42,145.12 This Year to Period Date Budget Receipts 001 Membership Fees $7,000.00 $21,000.00 $28,000.00 010 Conference Income $0.00 $4,846.65 $6,000.00 0301nterest Income $114.25 $584.76 $1,300.00 090 Miscellaneous $0.00 $2,429.80 $0.00 Total $7,114.25 $28,861.21.$35,300.00 TOTAL RECEIPTS THIS PERIOD $7,114.25 Disbursements Executive Committee 201 Travel $0.00 $0.00 $3,300.00 202 Auditing Services $375.00 $4,437.47 $4,500.00 203 Stationery $0.00 $0.00 $0.00 209 Miscellaneous $0.00 $0.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,200.00 309 Miscellaneous $0.00 $0.00 $t 00.00 NACo 401 Travel $0.00 $1,596.00 $9,000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $18,992.00 $18,992.00 $18,992.00 409 Miscellaneous $0.00 $0.00 $500.00 WIR 501 Travel $0.00 $0.00 $3,000.00 502 Promotional $0.00 $0.00 $500.00 503 Dues $2,200.00 $2,200.00 $2,200.00 509 Miscellaneous $0.00 $0.00 $0.00 Conferences 606 FY 95-96 Annual $0.00 $0.00 $0.00 607 FY 96-97 Mid Year $0.00 $1,000.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 Advance for WIR Conference(repmt) $0.00 $0.00 $0.00 TOTAL $21,567.00 $28,225 47 $44,292 00 TOTAL EXPENSES THIS PERIOD $21,567.00 FUND BALANCE AT END OF PERIOD $27,692.37 " Hawaii Sta~° Association o~ Counties : Counties of Kauai, Maui and Hawaii. City 8. County of Honolulu January 12, 1998 '•,M1~' MEMO TO: President Rene Mansho and Members of the Hawaii State Association of Counties (HSAC) Executive Committee r FROM: Dennis Y. Nakamura, HSAC First Vice President SUBJECT: HB 94 (1997), RELATING TO COUNTY TAXES Please find attached a copy of House Bill No. 94 (1997). The purpose of the bill is to authorize the counties to establish a general excise tax (GET) of one-half per cent. I believe that it may be worthwhile for HSAC to take a position on this bill, which may be promoted during the 1998 legislative session as a new county revenue source designed to offset a possible reduction in the counties' share of transient accommodations tax (TAT) revenues. May I request that you consider whether this matter should be referred to the respective county councils. Thank you for your consideration. Should you have any questions, please contact me or my HSAC staff, David Raatz, at the Council Office (243-7663). ocs:hsac:980109a:dr Attachment cc: Honorable Bob Nakasone, State House of Representatives (w!o attachment) ~Q~ H.B. NO. q ~ HOUSE OF REPRESENTATIVES NINETEENTH LEGISLATURE, 1997 STATE OF HAWAII A BILL FOR AN ACT RELATING TO COUNTY TAXES: BE IT ENACTED BY THE LEGLSLATURE OF THE STATE OF HAWAII: ] SECTION 1. Section 46-16.7, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "346-16.7 County general excise and use tax [surcharge]. 4 (a) Each county, except the county of Kalawao, may establish a Sgeneral excise and use tax (surcharge] of one-half per cent. 6 Each county shall establish the general excise and use tax 7 [surcharge] by ordinance (adopted before October 1, 1992, which 8 shall take effect on January 1, 1993, and remain in effect for 9 ten years through December 31, 2002, unless earlier repealed, 10 pursuant to subsection (c)]. No ordinance shall be adopted until lithe county has conducted a public hearing on the proposed 12 ordinance. Notice of the public hearing shall be published in a 13 newspaper of general circulation within the county at least twice 14 within a period of thirty days immediately preceding the date of 15 the hearing. (If a county fails to adopt a county general excise 16 and use tax surcharge ordinance by October 1, 1992, the county 17sha11 not be covered by this section.) 1g (b) Each county shall notify the director of taxation 19 within ten days after the county has adopted a general excise and HB LRB 97-0856 ,i Page 2 I I I LJ E N O luse tax [surcharge) ordinance, and the director of taxation shall 2 levy, assess, collect, and otherwise administer the general 3 excise and use tax. [surcharge] for the next taxable year 4 beginning January 1, (1993,] and for taxable years thereafter 5 [through December 31, 2002,] as provided by chapters 237 and 238. 6 (c) The general excise and use tax [surcharges] received 7from the State by each county shall be used [as follows: S (1) The city and county of Honolulu shall use the 9 surcharges to develop a fixed rail rapid transit 10 system. All private source revenues generated or 11 pledged to develop a fixed rail rapid transit system 12 that are received prior to the operatipn of the system 13 shall be used as county matching funds for moneys 14 requested from the transit capital development fund, 15 pursuant to chapter S1D, before surcharges may be used. 16 The director of finance shall determine whether or not 17 private sources are adequate to meet county matching 18 requirements. The director ofrfinance shall submit a 19 report of the findings to the legislature. Upon 20 legislative acceptance of the findings, within sixty 21 days of the first regular legislative session convened 22 following the submittal of the findings, no additional HB LRB 97-0856 Page 3 H, B, N O~ 9 I 1 moneys may be expended from the transit fund; provided 2 that: 3 (A) Such limitation on the expenditure of moneys from 4 the transit fund shall not occur prior to 5 December 31, 1992; and 6 (B) Private source revenues received prior to the ~ operation of the system or received in each year g that the surcharge is in effect shall be committed 9 to the funding of the capital costs of the fixed 10 rail rapid transit system prior to any 11 determination regarding the duration of the 12 surcharge. 13 (2) All surcharges collected by the State for the city and 14 county of Honolulu but not used for the purpose of 15 developing a fixed rail rapid transit system shall be 16 deposited into the state treasury to be returned to the 17 taxpayers who resided in the city and county of lg Honolulu for more than two hundred days of the taxable 19 year in the aggregate during the time that the 2p surcharges were collected, in the form of an income tax 21 credit, the amount of the credit to be determined by 11 law. HB LRB 97-0856 e~ s i Page 4 H. B. N O. 1 (3) The general excise and use tax surcharge shall be 2 repealed upon the determination by the director of 3 finance that all authorized capital costs of the fixed q rail rapid transit system or county projects under 5 paragraph (4) have been collected and distributed 6 pursuant to chapter 248. ~ (4) The counties of Hawaii, Kauai, and Maui shall use the 8 surcharges for public transportation systems, including 9 mass transportation, sewage, or water development, and 10 parks, including park operation, maintenance, 11 infrastructure, or purchase. 12 (d) As used in this section: 13 "Capital costs" means nonrecurring costs required to 14 construct a transit facility or system, including debt service, 15 costs of land acquisition and development, acquiring of rights- 16 of-way, planning, design, and construction, including equipping 17 and furnishing the facility or system. I8 'Private source revenue" means all €unds, concessions, 19 development rights, or those assets of value contractually agreed 20 upon with the county from sources other than state, county, or 2l federal governments as a result of, or for the purposes of, 22 developing mass transportation.] as each respective county HB LRB 97-0856 e, Page s H, B, N O. 1 lauthorizes by ordinance." 2 SECTION 2. Section 235-110.7, Hawaii Revised Statutes, is 3 amended as follows: 4 1. By amending subsections (a) and (b) to read: 5 "(a) There shall be allowed to each taxpayer subject to the 6 tax imposed by this chapter a capital goods excise tax credit 7 which shall be deductible from the taxpayer's net income tax 8 liability, if any, imposed by this chapter for the taxable year gin which the credit is properly claimed. 10 The amount of the tax credit shall be determined by the llapplication of the following rates against the cost of the 12 eligible depreciable tangible personal property used by the 13 taxpayer in a trade or business and placed in service within 14 Hawaii after December 31, 1987. For calendar years beginning 15 after: December 31, 1987, the applicable rate shall be three per 16 cent; December 31, 1988, and thereafter, the applicable rate 17 shall be four per cent, except that [for the period January 1, 18 1993, through December 31, 2002, and] for. eligible depreciable 19 tangible personal property used in a trade or business that is 20 purchased in a county in which the county general excise and use 21 tax [surcharge] is in effect and placed in service in any county 22 the applicable rate shall be four and one-half per cent. For HB LRB 97-0856 ,e ~ 'L Page 6 T H.B. NO. 1 taxpayers with fiscal taxable years, the applicable rate shall be 2 the rate for the calendar year in which the eligible depreciable 3 tangible personal property used in the trade or business is 4 placed in service within Hawaii. 5 In the case of a partnership, S corporation, estate, or 6 trust, the tax credit allowable is for eligible depreciable 7 tangible personal property which is placed in service by the 8 entity. The cost upon which the tax credit is computed shall be 9 determined at the entity level. Distribution and share of credit 10 shall be determined by rules. 11 In the case of eligible depreciable tangible personal 12 property for which a credit for sales or use taxes paid to 13 another state is allowable under section 238-3(i), the amount of 14 the tax credit allowed under this section shall not exceed the 15 amount of use tax[,] and [for the period January 1, 1993, through 16 December 31, 2002,] the amount of the county general excise and 17 use tax [surcharge], if any, actually paid under chapter 238 18 relating to such tangible personal property. 19 If a deduction is taken under section 179 (with respect to 20 election to expense..certain depreciable business assets) of the 211nternal Revenue Code of 1954, as amended, no tax credit shall be 22 allowed for that portion of the cost of property for which the HB LRB 97-0856 1 Pagel H,B, NO. g~l 1 deduction was taken. 2 (b) If the tax credit is claimed by a taxpayer at the rate 3 of four and one-half per cent, and the tangible personal property 4 is purchased in a county in which the county general excise and 5 use tax [surcharge] is not in effect, there shall be added to and 6 become part of the tax liability of the taxpayer: 7 (1) The amount of the tax credit claimed under this section g multiplied by three; or 9 (2) Ten per cent of the income tax liability for the 10 taxable year for which the income tax return is being 11 filed, 12 whichever is greater. 13 If the capital goods excise tax credit allowed under 14 subsection (a) exceeds the taxpayer's net income tax liability, 15 the excess of credit over liability shall be refunded to the 16 taxpayer; provided that no refunds or payment on account of the 17 tax credit allowed by this section shall be made for amounts less 18 than $1. 19 All claims for tax credits under this section, including any 20 amended claims, muse be filed on or before the end of the twelfth 2l month following the close of the taxable year for which the 22 credits may be claimed. Failure to comply with the foregoing HB LRB 97-0856 PageB H~U~ lprovision shall constitute a waiver of the right to claim the 2 credit." 3 2. By amending subsection (e) to read: 4 "(e) As used in this section, the definition of section 38 5 property (with respect to investment in depreciable tangible 6 personal property) as defined by section 48(a)(1)(A), (a)(1)(B), 7 (a)(3), (a)(4), (a)(7), (a)(8), (a)(10)(A), (b), (c), (f), (1), 8 (m), and (s) of the Internal Revenue Code of 1954, as amended as 9of December 31, 1984, is operative for the purposes of this 10 section only. 11 As used in this section: 12 "Cost" means (1) the actual invoice price of the tangible 13 personal property, or (2) the basis from which depreciation is 14 taken under section 167 (with respect to depreciation) or from 15 which a deduction may be taken under section 168 (with respect to 16 accelerated cost recovery system) of the Internal Revenue Code of 17 1954, as amended, whichever is less. 18 "Eligible depreciable tangible personal property" is section 1938 property as defined by the operative provisions of section 48 20 and having a depreciable life under section 167 or for which a 2l deduction may be taken under section 168 of the federal Internal 22 Revenue Code of 1954, as amended. HB LRB 97-0856 u e, Page9 I 1"U~ NO""~~ 1 "Placed in service" means the earliest of the following 2 taxable years: 3 (1) The taxable year in which, under the: 4 (A) Taxpayer's depreciation practice, the period for $ depreciation; or (B) Accelerated Cost recovery system, a claim for 7 recovery allowances; $ with respect to such property begins; or 9 (2) The taxable year in which the property is placed in a 10 condition or state of readiness and availability for a 11 specifically assigned function. 12 "Purchase" means an acquisition of property. 13 "Tangible personal property' means tangible personal 14 property which is placed in service within Hawaii after 15 December 31, 1987, and the purchase or importation of which 16 resulted in a transaction which was subject to the imposition and 17 payment of tax at the rate of four per cent, except that [for the 18 period January 1, 1993, through Decemberr3l, 2002, and] if the 19 county general excise and use tax [surcharge] is in effect the 20 tax rate shall be four and one-half per cent, under chapter 237 21 or 238. "Tangible personal property" does not include tangible 22 personal property which is an integral part of a building or HB LRB 97-0856 Page 10 I--~~B~ NO~~~ lstructure or tangible personal property used in a foreign trade 2 zone, as defined under chapter 212." 3 SECTION 3. Section 237-8.5, Hawaii Revised Statutes, is 4 amended to read as follows: 5 "5237-8.5 County general excise and use tax [surcharge]; 6 agministration. (a) The county general excise and use tax 7 [surcharge], upon the adoption of county ordinances under section 8 46-16.7, shall be levied, assessed, and collected as provided in 9 this section on all gross proceeds and gross income taxable under 10 this chapter at the four per cent tax rate in such manner that lithe combined state general excise tax and the county general llexcise and use tax [surcharge tax] shall be four and one-half per 13 cent in those counties adopting the [surcharge.] tax. All 14 provisions of this chapter shall apply to the county general 15 excise and use tax [surcharge]; and with respect to the 16 [surcharge,] tax, the director shall have all the rights and 17 powers provided under this chapter. In addition, the director of 18 taxation shall have the exclusive rights. and power to determine 19 the county or counties in which a person is engaged in business 20 and, in the case of-a person engaged in business in more than one 2l county, the director shall determine through apportionment or 22 other means, that portion of the general excise and use tax HB LRB 97-0856 Q Page 11 LJ , D , O , 1[surcharge] attributable to business conducted in each county. 2 (b) Each county general excise and use tax [surcharge] 3 adopted pursuant to section 46-16 .7 (a) shall be levied as of 4 January 1, [1993,] of the next taxable year following the 5 enactment of the ordinance and shall continue [for a period of 6 ten years through December 31, 2002, or] until [earlier) 7 repealed. 8 (c) The county general excise and use tax [surcharge] shall 9 be imposed on the gross proceeds or gross income of all written 10 contracts that require the passing on of the taxes imposed under llthis chapter; provided that if the gross proceeds or gross income 12 are received as payments after December 31, [1992,] of the year 13 preceding the first year of imposition of the county general 14 excise and use tax on contracts entered into before [June 19, IS 1990,) the effective date of the ordinance and the written 16 contracts do not provide for the passing on of increased rates of 17 taxes, the county general excise and use tax [surcharge] shall 18 not be imposed on the gross proceeds or gross income covered 19 under the written contracts. The county general excise and use 20 tax [surcharge] shall be imposed on the gross proceeds or gross 2l income from all contracts entered into on or after [June 19, 221990,] the effective date of the ordinance whether or not the HB LRB 97-0856 O ~ M1 Page 12 H~~~ ~IO~ !T lcontract allows for the passing on of any tax or any tax 2 increases. 3 (d) No county general excise and use tax [surcharge] shall 4 be established on any: 5 (1) Gross income or gross proceeds taxable under this 6 chapter at the one-half per cent tax rate; 7 (2) Gross income or gross proceeds taxable under this 8 chapter at the 0.15 per cent tax rate; or 9 (3) Transactions, amounts, persons, gross income, or gross 10 proceeds exempt from tax under this chapter. 11 (e) The director of taxation shall revise the general 12 excise tax forms to provide for the clear and separate 13 designation of the imposition and payment of the county general 14 excise and use tax (surcharge]. 15 The taxpayer shall designate the taxation district to which 16 the county general excise and use tax [surcharge] is assigned in 17 accordance with rules adopted by the director of taxation under 18 chapter 91. The taxpayer shall file a schedule with the 19 taxpayer's periodic and annual general excise and use tax returns 20 summarizing the amount of taxes assigned to each taxation 2l district. 22 The penalties provided by section 231-39 for failure to file HB LRB 97-0856 a Page l3 H.B. NO. la tax return shall be imposed on the amount of [surcharge] county 2 general excise and use tax due on the return being filed for the 3failure to file the schedule required to accompany the return. 4 In addition, there shall be added to the tax an amount equal to 5 ten per cent of the amount of the [surcharge] county general 6 excise and use tax and the state tax due on the return being 7filed for the failure to file the schedule or the failure to 8 correctly report the assignment of the county general excise and 9 use tax and general excise tax by taxation district on the 10 schedule required under this subsection. 11 (f) All taxpayers who file on a fiscal year basis (whose 12 fiscal year ends after December 31, 1992, or after December 31, 132002,] shall file a short period annual return for the period 14 preceding January 1, [1993, or preceding January 1, 2003. Each 15 fiscal year taxpayer shall also file a short period annual return 16 for the period starting after December 31, 1992, and ending 17 before January 1, 1994, and for the period starting after 18 December 31, 2002, and ending before January 1, 2004. 19 All monthly, annual, and amended returns due under this 20 chapter for any period preceding January 1, 2003, which are 2l submitted to the department after December 31, 2002, shall 22 include in payments submitted with the return any county general HB LRB 97-0856 " Page 14 H ~ B , ~ I O ~ lexcise and use tax surcharge that may be due for the period 2 preceding January 1, 2003.] of the first year the county excise 3 and use tax is imposed." 4 SECTION 4. Section 238-2.5, Hawaii Revised Statutes, is 5 amended to read as follows: 6 "5238-2.5 County general excise and use tax [surcharge]; 7 administration. (a) The county general excise and use tax 8 [surcharge], upon the adoption of a county ordinance under 9section 46-16.7, shall be levied, assessed, and collected as 10 provided in this section on the value of property taxable under llthis chapter at the four per cent tax rate under section 238-2 (3) 12 in a manner that the combined state use tax and the county 13 general excise and use tax (surcharge] shall be four and one-half 14 per cent in those counties adopting the [surcharge.] county 15 general excise and use tax. All provisions of this chapter shall 16 apply to the county general excise and use tax [surcharge]. With 17 respect to the [surcharge,) county general excise and use tax, 18 the director shall have all the rights and powers provided under 19 this chapter. In addition, the director of taxation shall have 20 the exclusive rights and power to determine the county or 2l counties in which a person imports or purchases tangible personal 22 property and, in the case of a person importing or purchasing HB LRB 97-0856 ~/^/{~C/~/i a Page 15 H ~ B ~ N O ~ ` / ltangible property in more than one county, the director shall 2 determine through apportionment or other means, that portion of 3 the county general excise and use tax [surcharge] attributable to 4 the importation or purchase in each county. 5 (b) Each county general excise and use tax [surcharge] 6 shall be levied as of January 1, [1993,] of the first taxable 7~~ear after the effective date of the ordinance and shall continue 8 [for a period of ten years through December 31, 2002, or] until 9 [earlier] repealed. 10 (c) No county general excise and use tax [surcharge] shall llbe established upon any use taxable under this chapter at the 12 one-half per cent tax rate or upon any use that is not subject to 13 taxation or that is exempt from taxation under this chapter. 14 (d) The director of taxation shall revise the use tax forms 15 to provide for the clear and separate designation of the 16 imposition and payment of the county general excise and use tax 17 [surcharge]. 18 The taxpayer shall designate the taxation district to which 19 the county general excise and use tax [surcharge] is assigned in 20 accordance with rules adopted by the director of taxation under 2l chapter 91. The taxpayer shall file a schedule with the 22 taxpayer's periodic and annual general excise and use tax returns HB LRB 97-0856 n n Page l6 I I~(~~ 1 VOA 9~ lsummarizing the amount of taxes assigned to each taxation 2 district. 3 The penalties provided by section 231-39 for failure to file 4 a tax return shall be imposed on the amount of [surcharge] county Sgeneral excise and use tax due on the return being filed for the 6failure to file the schedule required to accompany the return. 7In addition, there shall be added to the tax an amount equal to S ten per cent of the amount of the [surcharge] county general 9excise and use tax and state tax due on the return being filed lOfor the failure to file the schedule or the failure to correctly llreport the assignment of the use tax by taxation district on the 12 schedule required under this subsection. 13 (e) All taxpayers who file on a fiscal year basis (whose 14 fiscal year ends after December 31, 1992, or after December 31, 152002,] shall file a short period annual return for the period 16 preceding January 1, [1993, or preceding January 1, 2003. Each 17 fiscal year taxpayer shall also file a short period annual return lSfor the period starting after December 31, 1992, and ending 19 before January 1, 1994, and for the period starting after 20 December 31, 2002, and ending before January 1, 2009. 21 All monthly, annual, and amended returns due under this 22 chapter for any period preceding January 1, 2003, which are HB LRB 97-0856 a o n Page 17 H . B , N O . lsubmitted to the department after December 31, 2002, shall 2 include in payments submitted with the return any county general 3 excise and use tax surcharge that may be due for the period 4 preceding January 1, 2003.] of the first year the county oeneral 5 excise and use tax is imposed." 6 SECTION 5. Section 248-2.5, Hawaii Revised Statutes, is 7 amended to read as follows: 8 •[[]§248-2.5[]] County general excise and use tax 9 (surcharge]; disposition of proceeds. (a) All county general 10 excise and use [tax surcharges] taxes collected by the director llof taxation shall be paid into the state treasury each month 12 within ten working days after collection, and shall be kept by 13 the state director of finance in special accounts. Out of the 14 county general excise and use [tax surcharges] taxes paid into 15 the state treasury special accounts, the state director of 16 finance shall retain, from time to time, sufficient amounts to 17 reimburse the State for the costs of assessment, collection, and 18 disposition of the county general excise and use tax [surcharge] 19 incurred by the State. Amounts retained shall be general fund 20 realizations of the-State. 21 (b) The costs of assessment, collection, and disposition of 22 county general excise and use [tax surcharges] taxes shall be HB LRB 97-0856 Page ]8 NO. 1~ lwithheld from payment to the several counties by the State out of 2 the county general excise and use [tax surcharges] taxes 3 collected for the current calendar year. 4 The costs of assessment, collection, and disposition of the 5 county general excise and use [tax surcharges] taxes shall be 6 borne by each of the several counties in an amount proportional 7 to the total amount of [surcharges] county General excise and use 8 taxes allocated to that county divided by the total amount of 9 [surcharges] county general excise and use taxes collected for lOthe entire State for the preceding calendar year. 11 For the purpose of this section, the costs of assessment, 12 collection, and disposition of the county general excise and use 13 [tax surcharges] taxes shall include any and all costs, direct or 14 indirect, which are deemed necessary and proper to effectively 15 administer this section and sections 237-8.5 and 238-2.5. Costs 16 include refunds or reductions of income taxes under section 17235-110.7 attributable to the county general excise and use tax 18 [surcharge] . 19 (c) After the deduction of the costs under subsection (b), 20 the-state director of finance shall pay the remaining balance on 21a monthly or quarterly basis to the director of finance for each 22 county which has adopted a county general excise and use tax HB LRB 97-0856 c, v a Page 19 u ~ iJ ~ N O ~ 1 [surcharge] under section 46-16.7. The payments shall be made as 2 soon as possible after the county general excise and use [tax 3 surcharges] taxes have been paid into the state treasury special 4 accounts, or after the disposition of any tax appeal, as the case 5 may be. All county general excise and use [tax surcharges] taxes 6 collected shall be distributed by the state director of finance 7 to the county in which the county general excise tax [surcharge] 8 is generated and shall be a general fund realization of the 9 county [to be used for the purposes specified in section 46-16.7 10 by each of the several counties]." I1 SECTION 6. Section 235-16, Hawaii Revised Statutes, is 12 repealed. 13 ["5235-16 County surcharge excise tax credit. (a) If the 14 collection of the county general excise and use tax surcharge 15 starts on January 1, 1993, as provided in sections 46-16.7, 16 237-8.5, and 238-2.5, then for taxable years, in each year that 17 the surcharge is in effect, beginning after December 31, 1992, 18 and ending before January 1, 2003, each resident individual 19 taxpayer, who files an individual income tax return for a taxable 20 year, and who is not claimed or is not otherwise eligible to be 2l claimed as a dependent by another taxpayer for federal or Hawaii 22 state individual income tax purposes, may claim a county HB LRB 97-0856 e ~ ~ Page 20 ~ ~ R ~ n l O ~ / lsurcharge excise tax credit in the amount computed under this 2section against the resident taxpayer's individual income tax 3 liability for the taxable year for which the individual income 4 tax return is being filed; provided that a resident individual Swho has no income or no income taxable under this chapter and who 6 is not claimed or is not otherwise eligible to be claimed as a 7 dependent by a taxpayer for federal or Hawaii state individual 8 income tax purposes may claim this credit. 9 (11 Each resident individual taxpayer who resides for more 10 than two hundred days of the taxable year in the 11 aggregate in a county in which the county general 12 excise and use tax surcharge is in effect may claim the 13 tax credit according to the adjusted gross income 14 bracket shown in the following scheflule: 15 TAX CREDIT SCHEDULE 16 Adjusted Gross Income Tax Credit 17 Under $5,000 $ 25 18 $5,000 under $10,000 45 19 $10,000 under $15,000 65 20 $15,000 under $20,000 90 Z1 $20,000 under $30,000 110 22 $30,000 under $40,000 125 HB LRB 97-0856 y ~ Page 21 I--~ ~ U ~ N O ~ ~ / L 1 $40,000 under $50,000 145 2 $50,000 under $75,000 185 3 $75,000 under $100,000 205 q $100,000 and over 210 5 (2) Each resident individual taxpayer who resides for more 6 than two hundred days of the taxable year in the '7 aggregate in a county which has not adopted the county g general excise and use tax surcharge may claim a tax 9 credit according to the adjusted gross income bracket 10 shown in the schedule below: 11 TAX CREDIT SCHEDULE 12 Adjusted Gross Income Tax Credit 13 Under $5,000 $ 5 14 $5,000 under $10,000 10 15 $10,000 under $20,000 15 16 $20,000 under $30,000 20 17 $30,000 under $40,000 25 lg $40,000 under $50,000 r 30 19 $50,000 under $75,000 35 20 $75,000 and over 40 21 A husband and wife filing separate returns for a taxable 22 year for which a joint return could have been filed by them shall HB LRB 97-0856 c 9 t Page 22 H ~ B ~ ~ I O ~ v/ / lclaim only the tax credit to which they would have been entitled Z had a joint return been filed. 3 (b) The tax credit under this section shall not be 4 available to (1) any person who has been convicted of a felony Sand who has been committed to prison and has been physically 6 confined for the full taxable year; (2) any person who would 7 otherwise be eligible to be claimed as a dependent but who has 8 been committed to a youth correctional facility and has resided 9 at the facility for the full taxable year; or (3) any lOmisdemeanant who has been committed to jail and has been llphysically confined for the full taxable year. 1Z (c) The tax credits claimed by a resident taxpayer pursuant 13 to this section shall be deductible from the resident taxpayer's 14 individual income tax liability, if any, for the tax year in 15 which they are properly claimed. If the tax credits claimed by a 16 resident taxpayer exceed the amount of income tax payment due 17 from the resident taxpayer, the excess of credits over payments 18 due shall be refunded to the resident taxpayer; provided that tax 19 credits properly claimed by a resident individual who has no 20 income tax liability shall be paid to the resident individual. 21 (d) If the tax credit is claimed by an individual who does 22 not reside in the appropriate county as set forth in subsection HB LRB 97-0856 ~ h Page 23 H ~ B ~ N O 1 (a)(1) or (a)(2), there shall be added to and become a part of 2 the tax liability of the individual: 3 (1) The amount of the tax credit claimed under this section q multiplied by three; or $ (2) Ten per cent of the income tax liability for the 6 taxable year for which the individual income tax return ~ is being filed, 8 whichever is greater. 9 All claims for tax credits under this section, including any 10 amended claims, must be filed on or before the end of the twelfth llmonth following the close of the taxable year for which the 12 credits may be claimed. Failure to comply with the foregoing 13 provision shall constitute a waiver of the right to claim the 14 credit."] 15 SECTION 7. Statutory material to be repealed is bracketed. 16 New statutory material is underscored. 17 SECTION 8. This Act shall take effect upon its approval; 18 provided that 19 (1) Sections 3 and 4 of this Act shall take effect on 2p July 1, 1997; and 21 (2) Sections 2 and 6 of this Act shall apply to taxable 22 years beginning after December 31, 1996. 23 2q INTRODUCED B / / JAN 1 5 1997 HB LRB 97-0856 J Q ' • ~ CITY COUNCIL { I CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII NO. 97-Z71, CDl RESOLUTION CONCERNING THE "1998 LEGISLATIVE PROGRAM POLICY STATEMENT" OF THE HAWAII STATE ASSOCIATION OF COUNTIES. WHEREAS, under Section 10 of the Hawaii State Association of Counties (HSAC) Bylaws, the Executive Committee is HSAC's primary liaison with State government; and •WHEREAS, the HSAC President has referred the attached "1998 Legislative Program Policy Statement" to the county councils for review and approval; and WHEREAS, the "Statement" contains the policies and procedures by which HSAC shall be guided during the 1998 legislative session; now, therefore, BE IT RESOLVED by the Council o€ the City and County of Honolulu that this body approves the attached "1998 Legislative Program Policy Statement" of the Hawaii State Association of Counties; and 3 OCS00953.R97 c• ~ - RESOLUTION BE IT FINALLY RESOLVED that the Clerk is directed to transmit a certified copy of this Resolution to the HSAC President. INTRODUCED BY: Rene Mansho • Councilmembers DATE OF INTRODUCTION: September 2 1997 Honolulu, Hawaii r (OCS/111897/ct) -Z' CITY COUNCIL ADOPTED MEETING HELD CITY AND COUNTY OF HONOLULU Reference: HONOLULU, HAWAII q NO A BAIN M Report No. I hereby certify that the foregoing RESOLUTION was FE IX adopted by the COUNCIL OF THE CITY AND COUNTY OF HONOLULU on the date and by the vote indicated to the H NM NN right. KIM Resolution No. ATTEST: MAN H 97-271 , CD1 MIRIKITANI IM RA GENEVIEVE G. WONG JOHN DeSOTO DeSOT City Clerk CHAIR AND PRESIDING OFFICER Datetl CITY COUNCIL I ; ,•..WiLq• , CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII NO. RESOLUTION EXPRESSING OPPOSITION TO THE RECENTLY ADOPTED UNITED NATIONS PROTOCOL ON GLOBAL WARMING. WHEREAS, in December 1997 in Kyoto, Japan, the parties to the United Nations Framework Convention on Climate Change adopted a protocol to limit greenhouse gas emissions by developed countries for the post-2000 period; and WHEREAS, although it has been claimed that the amount of greenhouse gases in the Earth's atmosphere may be increasing as a result of human activities, this point requires more thorough scientific research and analysis; and WHEREAS, many in the scientific community recognize that current climate models cannot accurately forecast the timing, magnitude or likely regional impacts, if any, of human activities on global climate change generally; and WHEREAS, to comply with the 1992 Rio Treaty, thousands of U.S. companies, including Hawaii-based businesses, voluntarily participate in U.S. government programs aimed at limiting greenhouse gas emissions; and WHEREAS, energy use is the foundation for economic growth and a rising standard of living, especially in growth-dependent areas such as the State of Hawaii; and WHEREAS, a growing body of economic evidence suggests that U.S. efforts to limit energy use and greenhouse gas emissions would slow economic growth, cost thousands of American jobs, and place unnecessary costs on the State of Hawaii; and WHEREAS, mandatory constraints on fossil fuel use would raise the cost of monthly electricity, heating and cooling bills, limit personal mobility, and could seriously disrupt local economies and the lives of individuals, as did gasoline lines and high energy prices in the 1970's and early 1980's; and WHEREAS, constraints on energy use would be particularly harmful to the State of Hawaii by discouraging businesses seeking to enter the marketplace in Hawaii; and OC100001.R98 CITY COJNCIL I: CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII NO. RESOLUTION WHEREAS, restrictions on energy use would: (1) Harm individuals on fixed incomes and individuals living in rural areas who may be dependent on personal transportation for work and worthwhile social activities; (2) Be unfair to businesses that depend on transportation to compete effectively against their foreign counterparts; and (3) Adversely affect U.S. military interests based in Hawaii and U.S. security interests generally; and WHEREAS, the Hawaii State Association of Counties (HSAC) dedicates itself to educating its members, constituents and others on the fact that there is currently scientific disagreement on the need to limit greenhouse gas emissions; and WHEREAS, the unanimous approval of all county councils is necessary for the adoption of an official HSAC position; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that this body express its opposition to the recently adopted United Nations protocol on global warming because it is not justified by sound science and economic policy and is unfair to U.S. and, in particular, Hawaiian economic interests; and BE IT FURTHER RESOLVED that the Hawaii State Association of Counties also oppose this protocol; and BE IT FURTHER RESOLVED-that HSAC support global climate policies that are balanced and cost-effective and that do not unfairly unburden U.S. businesses and the citizens of a particular state or local community; and -2- a n' 'f RESOLUTION BE IT FINALLY RESOLVED that the Clerk is directed to transmit copies of this Resolution to the President of the Hawaii State Association of Counties. INTRODUCED BY: Councilmembers DATE OF INTRODUCTION: Honolulu, Hawaii (OCS/123097/mg) -3 CITY COUNCIL ADOPTED MEETING HELD CITY AND COUNTY OF HONOLULU Reference: HONOLULU, HAWAII qY N A E GAIN M Report No. I hereby certify that the foregoing RESOLUTION was adopted by the COUNCIL OF THE CITY AND COUNTY OF F IX HONOLULU on the date and by the vote indicated to the H NfN M NN 'ight~ IM Resolution No. ATTEST: M N H MIRIKIT NI Y HIM RA GENEVIEVE G. WONG JOHN DeSOTO DeSOT City Clerk CHAIR AND PRESIDING OFFICER Dated w , CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII NO. RESOLUTION EXPRESSING OPPOSITION TO THE ENVIRONMENTAL PROTECTION AGENCY'S NEWLY ADOPTED STANDARDS ON OZONE AND PARTICULATE MATTER. WHEREAS, on July 19, 1997, the Environmental Protection Agency (EPA) issued final rules establishing a more stringent National Ambient Air Quality Standard (NAAQS) for ozone and a new NAAQS limiting airborne particulate matter which is at or below 2.5 microns (PM 2.5) in size; and WHEREAS, the issuance of the final rules appears premature, as evidenced by the conclusion of EPA's Clean Air Scientific Advisory Committee that there is no "bright line" that distinguishes any public health benefit for the revised ozone standard; and WHEREAS, EPA's Clean Air Scientific Advisory Committee was also unable to agree on the level or form of the new particulate matter (PM 2.5) standard and called on EPA to establish a monitoring system, collect PM 2.5 data, and conduct the necessary research to address the scientific uncertainties; and WHEREAS, thousands of U.S. companies, including Hawaii-based businesses, will be adversely affected by the direct and indirect costs of these more stringent standards; and WHEREAS, there is a body of economic evidence that suggests that these new standards could slow economic growth, cost thousands of American jobs, and place unnecessary costs on the State of Hawaii; and WHEREAS, the new standards will increase the cost of monthly electricity, heating and cooling bills, limit personal mobility, and could seriously disrupt local economies and individual lives; and WHEREAS, the impact of these new standards will be particularly harmful to the State of Hawaii by discouraging businesses seeking to enter the market place in Hawaii because of higher energy and transportation costs; and WHEREAS, the increased cost of energy as a result of these standards will cause harm to individuals on fixed incomes and individuals living in rural areas who may be dependent on personal transportation for work and worthwhile social activities; and CC100002.R98 +i ~ CITY COUNCIL CITY AND COUNTY OF HONOLULU 4~~~ HONOLULU, HAWAII NO• RESOLUTION WHEREAS, responsible legislation introduced in the U.S. House of Representatives as H.R. 1984 and in the U.S. Senate as S. 1084 would place the new standards on hold for a period of 5 years while research is conducted to address existing scientific uncertainties; and WHEREAS, the 1990 Clean Air Act Amendments will assure continued reductions in ambient concentrations of ozone and particulate matter at or below 2.5 microns during the holding period; and WHEREAS, the Hawaii State Association of Counties (HSAC) dedicates itself to educating its members, constituents, and others on the fact that there is currently scientific disagreement on the public health benefits of EPA's new ozone and particulate matter standards; and WHEREAS, the unanimous approval of all county councils is necessary for the adoption of an official HSAC position; now, therefore, BE ZT RESOLVED by the Council of the City and County of Honolulu that this body express its opposition to the Environmental Protection Agency's newly adopted standards on ozone and particulate matter; and BE IT FURTHER RESOLVED that the Hawaii State Association of Counties also oppose these standards; and BE IT FURTHER RESOLVED that HSAC support National Ambient Air Quality Standards that are based on sound science, are balanced and cost-effective, and do not unfairly burden U.S. businesses and the citizens of a particular state or local community; and BE IT FURTHER RESOLVED that HSAC support passage of legislation such as H.R. 1984 or S. 1084 or similar legislative alternatives that place the new standards on hold while research is conducted to answer current scientific uncertainties associated with the new standards; 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: Councilmembers DATE OF INTRODUCTION: Honolulu, Hawaii (OCS/123097/mg) -3- CITY COUNCIL ADOPTED CITY AND COUNTY OF HONOLULU MEETING HELD Reference: HONOLULU, HAWAII AYE N A E Report No. I hereby certify that the foregoing RESOLUTION was AIN M adopted by the COUNCIL OF THE CITY AND COUNTY OF F IX HONOLULU on the date and by the vote indicated to the HANN MANN right. H LME IM Resolution No. ATTEST: MAN H MIRIKITANI Y HIM RA GEN EVIEVE G. WONG JOHN DeSOTO DeSOTO City Clerk CHAIR AND PRESIDING OFFICER Oared • • 41. ..OJN<V Of Hq�. AARON S.Y. CHUNG ��,I',,,, Phone: (808)961-8396 Councilmen�ber yl„ FAX: (808)969-3291 .�F-Nr'•�•• COUNTY COUNCIL C County of Hawaii Hawaii County Building 25 Aupuni Street Hilo,Hawaii 96720 January 26, 1998 The Honorable James Y. Arakaki Chair, Hawaii County Council Hilo, Hawaii 96720 RE: HSAC Executive Committee Pursuant to Section 1(e) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written approval is submitted in regards to the attached information from the Hawaii State Association of Counties (HSAC)Executive Committee Meeting of January 21, 1998, waiving said referral from the Committee of Finance in order that appropriate action can be taken by the Council. In reviewing the contents of the referral, it is deemed advisable that such waiver be granted. Aaron S.Y. C ng, Chair Committee on Finance • : . wed: ;at. • J. es Arakaki, Chair Ha .ii County Council AC/ctd r•. c N1vmN AARON S.Y. CHUNG ~9 ~ . ~ Phone: (808) 961-5396 Cowicilmem6er ~ ~ • - FAX: (808) 969-3291 . ~ ~ 26 rii'1 11. 10 'S3 Jiir, h O~ N~'~ G." COUNTY COUNCIL CG~'~ , ; ~ . , County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 January 26, 1998 The Honorable James Y. Arakaki Chair, Hawaii County Council Hilo, Hawaii 96720 RE: HSAC Executive Committee Pursuant to Section 1(e) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written approval is submitted in regards to the attached information from the Hawaii State Association of Counties (HSAC) Executive Committee Meeting of January 21, 1998, waiving said referral from the Committee of Finance in order that appropriate action can betaken by the Council. In reviewing the contents of the referral, it is deemed advisable that such waiver be granted. Aaron S.Y. C ng, Chair Committee on Finance Appro} ed: ames . Arak i hair Haw ~ County Council AC/ctd