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HomeMy WebLinkAboutCOM 0684.003 2006-2008 t±w~ BOB .)(E1kCOBSON ~c~ ' 333 Klauea Avenue, Second Floor Ben Franklin Building, Hilo, Hawaii 96920 Couucilmember ' ' Mailing Address: 25 Aupuni Stree[, Suite 200 Chair, Environmental Management Committee •'•h,a M~"~ Phone: (808) 961-8263 Vice-Chair, Finance Committee Fax: (808) 961-8912 E-Mail: jjaco@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii r.. Memorandum October 5, 2007 To: Pete Hoffmann, Chair and Members of the Hawaii County Council 91-~ From: Bob Jacobson, Council Member District 6 , ~ Subject: HSAC legislative priorities Attached for your review are the legislative priorities submitted by Honolulu City Council Member Romy Cachola and the Council of Kauai for inclusion in the HSAC Legislative Priorities Package. Legislative priorities from the County of Maui will be forthcoming. It is my hope that you will accommodate the late submissions. Also for your review and referral is one additional item to be added to Hawaii County's legislative priorities. BJ/bl Att. Comm. No. V 0 ~f . ~j Ref. To: Raf. Date District 6 -Upper Puna, Ka `A, and South Kona Hawaii County Is An Equa! Opportunity Provider And Employer PETE HOFFMANN yy or N BRENDA FORD "''%-'"~W, STACY K. HIGA Chair & Presiding Officer ~~~C DONALD IKEDA K. ANGEL PILAGO ~ • BOB JACOBSON Vice Chair EMILY L NAEOLE DOMINIC YAGONG „Oi~"r~ J YOSHIMOTO HAWAII COUNTY COUNCIL County of Hawai `i Hawaii County Building 25 Aupuni Street Hila, Hawai `i 96720 October 5, 2007 Pete Hoffmann, Chair Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: Communication transmitting Honolulu, Maui and Kauai Counties Legislative Priorites and 1 item to be added to the Hawaii State Association of Counties (HSAC) Legislative Priorities for Hawaii County. Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written request is submitted with my approval that the above-referenced matter be waived from the Public Works and Intergovernmental Relations Committee to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Public Works and Intergovernmental Relations Committee for placement on its future agenda. ,Sincerely, ~`V° Brenda Ford, Chair Publi~c~~W~o~rksand Intergovernmental Relations Committee ~yAp~~F ,~U aive to un il: Disapproved/Date/Refer to FC: Y'6 Pete Hoffmann, Chair Pete Hoffmann, Chair Hawaii County Council Hawaii County Council BF/bl Hawaii County Is An Equa[ Opportunity Provider And Employer a,4,~ BOB JACOBS~N ~C~ ' 333 Kilauea Avenue, Second Floor Ben Franklin Building, Hilo, Hawaii 96720 Councilmember Mailing Address: 25 Aupuni Street, Sui[e 200 Chair, Environmental Management Committee „«,N~~,` Phone: (808) 961-8263 Vice-Chair, Finance Committee Eax; (808) 961-8912 E-Mail: jjaco@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i October 5, 2007 Mel Rapozo, Chair Hawaii State Association of Counties Honolulu, Hawaii Re: Rationale for proposed legislation for HSAC legislative priorities package Aloha Mel: Attached for your review is proposed legislation for inclusion in the HSAC Legislative Priorities package from the County of Hawaii. This legislation is important because it will add a l Orh trigger to section 345-5 (a) of the Hawaii Revised Statute to read as follows: "Any proposed development that will have an anticipated significant negative impact on the environment, unless a specific exemption applies." This will address instances where individuals want to build in a FEMA Floodway and clear cutting activities that interrupt or change non-regulated water courses and negatively impact the surrounding properties. Mahalo t ~~c~~ ~ Bob Jaco Council Member District 6 BJ/bl Att. District 6 -Upper Puna, KaYt, and South Kona Hawai `i County /s An Equai Opportunity Provider And Employer _ .6. NO. A BILL FOR AN ACT RELATING TO ENVIRONMENTAL IMPACT STATEMENTS BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. This legislation adds a lOt" condition to HRS 2 345-5 (a) to read as follows: ~~Any proposed development that 3 will have an anticipated significant negative impact on the 4 environment, unless a specific exemption applies. 5 SECTION 2. Statutory material to be repealed is bracketed 6 and stricken. New statutory material is underscored. 7 SECTION 3. This Act shall take effect upon its approval. 8 9 10 11 INTRODUCED BY: 1-Rehiring retirees JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO TRAFFIC INFRACTIONS PURPOSE: To require the State to transfer a portion of the fines and forfeitures collected for uncontested traffic infractions to the county in which the violations occurred MEANS: Create a new chapter, 291 F, "Transmittal of Uncontested Traffic Fines and Forfeitures to Counties," and amend section 291C- 17l(a), Hawaii Revised Statutes JUSTIFICATION: While the counties are responsible for enforcement, revenues accruing from violations of the Statewide Traffic Code are paid solely to the State. Traffic citations are issued by police officers whose costs, including salaries, equipment, and administrative support, are funded by the counties. Allowing each county to receive the fines and forfeitures generated as a result of county enforcement of traffic laws is fair and will provide the counties a much-needed modicum of financial relief from the State. The measure specifically excludes those fines and forfeitures accruing from State-enforced violations, which do not involve the expenditure of County resources. When traffic violations remain uncontested, there is no need to resort to the State courts. The burden on State-funded personnel and resources is, therefore, minimized. The bill seeks solely to have those fines and forfeitures paid by offenders without contest transferred to the county in which the infraction occurred. Authorizing the counties to collect such fines and forfeitures would provide the counties with a dedicated revenue source and diversify the counties' revenue bases. As a result, the measure would help to stabilize the counties' budgets and promote the viability of the counties' public services, including the provision oftraffic-safety improvements. , CITY COUNCIL ~ ~ ~ 1 ` I CITY AND COUNTY OF HONOLULU NO. „..~o HONOLULU, HAWAII - RESOLUTION RELATING TO THE INCLUSION IN THE 2008 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL TRANSFERRING A PORTION OF THE FINES AND FORFEITURES FROM UNCONTESTED TRAFFIC INFRACTIONS TO THE COUNTIES. WHEREAS, the counties are responsible for the enforcement of the Statewide Traffic Code (Chapter 291 C, Hawaii Revised Statutes) and county traffic ordinances; and WHEREAS, the cost to the counties of enforcing the state and county traffic laws and prosecuting violators is substantial and presently paid mainly from county general funds and highway funds; and WHEREAS, all fines and forfeitures from the state and county traffic violations, however, are paid to the state and used as state general fund revenues; and WHEREAS, none of the fines and forfeitures are transmitted to the counties despite their enforcement and prosecution efforts; and WHEREAS, the council understands that a substantial portion of the traffic fines and forfeitures received by the state are derived from uncontested infractions; and WHEREAS, the council also understands that the state judiciary does not have to make substantial expenditures of state funds to collect the uncontested fines and forfeitures; and WHEREAS, transferring to the counties a portion of the uncontested traffic fines and forfeitures would be equitable and assist the counties in funding the cost of enforcing state and county traffic laws and prosecuting violators; and WHEREAS, the Executive Committee of the Hawaii State Association of Counties (HSAC) has referred to the county councils the attached proposal addressing the issues for possible inclusion in the 2008 HSAC legislative package; and WHEREAS, approval by all the counties is required to include a proposal in the 2008 HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2008 HSAC legislative package a proposal, attached as OCSI092707/09:38/HM 1 CITY COUNCIL ' - C " • CITY AND COUNTY OF HONOLULU No• 0 7 - 3 1 2 HONOLULU, HAWAII RESOLUTION Exhibit A, that would transfer a portion of the fines and forfeitures from uncontested traffic infractions to the counties; and BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. INTROD~ED BY_ ,~6~ ~81,e~ DATE OF INTRODUCTION: OCT - 2 2007 Honolulu, Hawaii Councilmembers 2 EXHIBIT A .B. NO. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The Hawaii Revised Statutes is amended by 2 adding a new chapter to be appropriately designated and to read 3 as follows: 4 "CHAPTER 5 TRANSMITTAL OF UNCONTESTED TRAFFIC FINES 6 AND FORFEITURES TO COUNTIES 7 Sec. 291F-A Definitions. For purposes of this chapter, 8 unless the context clearly requires otherwise: 9 "Traffic infractions" means the same as defined under 10 section 291D-2. 11 "Uncontested traffic infraction" means a traffic infraction 12 for which the person noticed under section 291D-5 does not 13 contest the infraction. A person "does not contest" an 14 infraction if, in accordance with section 291D-6(b)(1), the 15 person admits the commission of the infraction without 16 requesting a hearing to explain mitigating circumstances and 17 pays or remits bail forfeiture by mail within thirty days. Page3 NO. 1 traffic infractions shall be paid to the director of finance of 2 the State. 3 The judiciary shall identify those uncontested traffic 4 infractions as defined in section 291F-A. The disposition of 5 fines and forfeitures paid to the state director of finance 6 shall be subject to section 291F-B." 7 SECTION 3. In codifying the new sections added by section 8 1 of this Act, the revisor of statutes shall substitute 9 appropriate section numbers for the letters used in designating 10 the new sections in this Act. 11 SECTION 4. New statutory material is underscored. 12 SECTION 5. This Act shall take effect on July 1, 2008. 13 INTRODUCED BY: Page 2 . .B. NO. 1 Sec. 291E-B Transmittal of fines and forfeitures. (a) The 2 state director of finance shall transmit to each county not more 3 than thirty days after the end of each fiscal quarter per 4 cent of all the fines and forfeitures collected for uncontested 5 traffic infractions committed in that county which are in excess 6 of amounts required by the State to pay the administrative costs 7 of the traffic violations bureau. 8 (b) Subsection {a) shall not apply to: 9 (1) Fines and forfeitures for violations that occur on 10 state off-street parking facilities, parks, airports, 11 and harbors that are subject to enforcement by the 12 State; and 13 (2) Fines and forfeitures that are required by law to be 14 paid into a special, revolving, or trust fund. 15 No county shall be entitled to any portion of the fines and 16 forfeitures described in this subsection." 17 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is 18 amended by amending subsection (a) to read as follows: 19 "(a) A11 fines and forfeitures collected upon conviction or 20 upon the forfeiture of bail of any person charged with a 21 violation of any section or provision of the state traffic laws 22 and all assessments collected relating to the commission of FVJ: HSAC Legislative Package Initiatives Page 1 of 1 Fleming, Melissa From: Cyndi Ayonon [cayonon@kauai.gov] Sent: Thursday, October 04, 2007 3:20 PM To: Lively, Barbara; Gayle Revels; Kennedy, Gavin N M; Sekine, Andrew K. Subject: FW: HSAC Legislative Package Initiatives Attachments: 2008 legislature -Privatization Bill (HSAC).doc; Act 183 amendment proposing removal of 51% rule 2dversion.doc; 2008 legislature -Public Beach Parks Bill (HSAC).doc; 2008 Leg Pkg JUSTIFICATION SHEET on ACT 191.doc; 2008 Leg Pkg JUSTIFICATION SHEET on ACT 82.doc Hi Gang! Attached are the 3 proposed bills that the Kauai County Council approved at their meeting yesterday for inclusion as part of the HSAC Legislative Package. Please transmit these 3 bills for your Council's action by our next HSAC Meeting on 10/26/07. I will send you the justification sheet for the Important Agricultural Lands Bill as soon as it is finalized. Sorry but there were some revisions that took place. Thanks, Cyndi -----Original Message----- From: Aida Okasaki Sent: Thursday, October 04, 2007 2:52 PM To: Cyndi Ayonon Subject: RE: HSAC Legislative Package Initiatives «2008 legislature -Privatization Bill (HSAC).doc» «Act 183 amendment proposing removal of 51 % rule 2dversion.doc» «2008 legislature -Public Beach Parks Bill (HSAC).doc» «2008 Leg Pkg JUSTIFICATION SHEET on ACT 191.doc» «2008 Leg Pkg JUSTIFICATION SHEET on ACT 82.doc» -----Original Message----- From: Cyndi Ayonon Sent: Thursday, ORober 04, 2007 2:10 PM 70: Aida Okasaki Subject: HSAC Legislative Package Initiatives Plcasc c marl me the 3 proposed bi/Is and jusbtica6'on streets so dial I can forward to the other coanties for action. Thanks. 10/5/2007 JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO GOVERNMENT PURPOSE: The purpose of this bill is to remove the limitations on the ability of the counties of Hawaii, Maui, and Kauai to enter into contracts to privatize. Act 191, Session Laws of Hawaii 2007, allows these counties to contract for personnel services with private persons or entities, but limits these contracts to no more than one year and less than $750,000. MEANS: Amend Act 191, SLH 2007 JUSTIFICATION: Removal of the limitations allows the counties of Hawaii, Maui, and Kauai more flexibility and opportunities to provide services more cost effectively. Depending on the services to be provided, proposals from prospective providers may be more favorable if the contract periods and amounts were raised. JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY PURPOSE: The purpose of this bill is to provide counties protection from liability as a result of natural conditions on or near public beach parks. MEANS: Amends Act 82, SLH 2003, to remove the exclusion of public beach parks. JUSTIFICATION: Deletion of the exclusion would provide the counties with additional immunity in its operation of county parks. .B. NO. A BILL FOR AN ACT RELATING TO GOVERNMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: t SECTION 1. Section 76-77, Hawaii Revised Statutes, is amended to read as follows: 2 76-77 Civil service and exemptions. The civil service to which this part applies 3 comprises all positions in the public service of each county, now existing or hereafter 4 established, and embraces all personal services performed for each county, except the following: 5 (1) Positions in the office of the mayor; provided that the positions shall be included 6 in the classification systems; 7 (2) Positions of officers elected by public vote, positions of heads of departments, and 8 positions of one first deputy or first assistant of heads of departments; 9 (3) Positions of deputy county attorneys, deputy corporation counsel, deputy 10 prosecuting attorneys, and law clerks; t t (4) Positions of members of any boazd, commission, or agency; 12 (5) Positions filled by students; positions filled through federally funded programs 13 which provide temporazy public service employment such as the federal 14 Comprehensive Employment and Training Act of 1973; and employees engaged 15 in special research or demonstration projects approved by the mayor, for which 16 projects federal funds aze available; 17 (6) Position of district judges, jurors, and witnesses; 2008 legislature -Privatization Bill (HSAC) Page 2 . ~ . ~ O . • 1 (7) Positions filled by persons employed by contract where the personnel director has 2 certified that the service is special or unique, is essential to the public interest, and 3 that because of the circumstances surrounding its fulfillment, personnel to 4 perform the service cannot be recruited through normal civil service procedures; 5 provided that no contract pursuant to this paragraph shall be for any period 6 exceeding one year; 7 (8) Positions of a temporazy nature needed in the public interest where the need does 8 not exceed ninety days; provided that before any person may be employed to 9 render temporary service pursuant to this paragraph, the director shall certify that to the service is of a temporazy nature and that recruitment through normal civil 11 service recruitment procedures is not practicable; and provided further that the tz employment of any person pursuant to this paragraph may be extended for good 13 cause for an additional period not to exceed ninety days upon similaz certification 14 by the director; 15 (9) Positions of temporary election clerks in the office of the county clerk employed 16 during election periods; t~ (10) Positions specifically exempted from this part by any other state statutes; 18 (11) Positions of one private secretary for each department head; provided that the t9 positions shall be included in the classification systems; zo (12) Positions filled by persons employed on a fee, contract, or piecework basis who 21 may lawfully perform their duties concurrently with their private business or zz profession or other private employment, if any, and whose duties require only a 20081egislature -Privatization Bill (HSAC) Page 3 .B. NO. t portion of their time, where it is impracticable to ascertain or anticipate the 2 portion of time devoted to the service of the county and the fact is certified by the 3 director; 4 (13) Positions filled by persons with a severe disability who are certified by the state 5 vocational rehabilitation office as able to safely perform the duties of the 6 positions; 7 (14) Positions of the housing and community development office or department of 8 each county; provided that this exemption shall not preclude each county from 9 establishing these positions as civil service positions; t0 (15) The following positions in the office of the prosecuting attorney: private t t secretary to the prosecuting attorney; secretazy to the first deputy prosecuting 12 attorney, and administrative or executive assistants to the prosecuting attorney; 13 provided that the positions shall in included in the classifications system; and 14 (16) Positions or contracts for personal services with private persons or entities for 15 services [lasting no more than one year and] at a cost of no more than [$750,000.] 16 $ per yeaz. t7 The director shall determine the applicability of this section to specific positions and shall 18 determine whether or not positions exempted by paragraphs (7) and (8) shall be included 19 in the classification systems. zo Nothing in this section shall be deemed to affect the civil service status of any incumbent 21 private secretary of a department head who held that position on May 7, 1977." 2008 legislature -Privatization Bill (HSAC) Page 4 .B. NO. 1 SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory 2 material is underscored. 3 SECTION 3. This Act shall take effect on July 1, 2008. 4 INTRODUCED BY: 2008 legislatwe -Privatization Bill (HSAC) R N • • • ~ O • ~ Formatted: Inden[:2FOrst line: 0.5" , Deleted: A BILL FOR AN ACT DNe~d° Deleted: r, Formatted: Section start: RELATING TO IMPORTANT AGRICULTURAL LANDS continuous i . Otletetl: ~ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: tine spacing: Double Deleted: Del .a 1 ECTION 1 ection 205-49. Hawaii Revised Statutes, is amended by amendin subsection (al ~i~ mw ~tl~~~o oe83 emams J eP P important egicultural lands and Y, perpetration and developmrn[ ofNe 2 aS fOlIOWS~ ~ egriculNre industryin Hawefi. Section 205-I(aX3) of Ac[ 163, however, removes asignificant portion of agticulNral lands 3 `~a) After receipt of the maps of eligible agricultural lands from the counties and the ~ firm conaideraern as important 1 ~ Formatted: Font: 12 Dt 4 recommendations of the department of agriculture and the office of planning, the commission Font 1z pt 5 shall then proceed to identify and designate important agricultural lands, subject to z Fonnattetl: Font: 12 pt " rmatted 3 6 section~05-45tThe decision shall consider the county maps of eligible important agricultural FO . - - - - - - - , "t Fomutted: Font: 12 Pt 7 lands; declaratory orders issued by the commission designating important agricultural lands Deletm:: Formatted: Font: 12 pt 8 I during the three year period following the enactment of legislation establishing incentives and c'; Deleted: I q Formatted: LeR f: 9 protections contemplated under section 205-~ as provided in section 9 of Act 18~, Session , Fonr. 1z pt Deleted: Designation ofimport 5 10 Laws of Hawaii 2005; landowner position statements and representations; and any other 1 I relevant information. _E Deleted: 12 In designating important agricultural lands in the State, pursuant to the recommendations Deleted: F - - - _ Deleted: 183 13 I of the individual counties, the commission shall consider the extent to which: Deleted: I Deleted: 14 (I~The proposed lands meet the standards and criteria under section 205-44; Fonr. 1z Dt - - - - Deleted: D 15 (2j,_The proposed designation is necessary to meet the objectives_ and policies of_ oeleoea: 16 important agricultural lands in section 205-42 and 205-43; and Fonr 1z pt - Deleted: e Deleted: C i . Deleted: 1 (3~^The commission has designated lands as important agricultural lands, pursuant to ; - Formamea: Font: 1z pt Deleted:e 2 section 205-4J,[S ;j, [provided that if the_ majority ot< landowners landholdings is 3 already designated as important agricultural lands, excluding lands held in the Deleted: E 4 conservation district, pursuant to section 205-45 or any other provision of thi~_ Deleted: 5 part, the commission shall not designate any additional lands of that landowner as Deleted: e 6 important agricultural lands except by a petition pursuant to section 205-4~J 7 Any decision regarding the designation of lands as important agricultural lands and the 8 adoption of maps of those lands pursuant to this section shall be based upon written 9 findings of fact and conclusions of law, presented in at least one public hearing 10 conducted in the county where the land is located in accordance with chapter 91, that the DNeted: D 11 subject lands meet the standazds and criteria set forth in section 205-44 and shall be 12 approved bytwo-thirds of the membership to which the commission is entitled:' DNetetl: 1 13 SECTION~~Statutory material to be repealed is bracketed, New statutory material __4;:_.__ Formatted: NO Underline 14 isynderscored. s DNecetl: 15 SECTION This Act shall take effect on July 1, 200,8.______ Formatted: No underline Deleted: Deleted: 1 ~ Formatted: Indent: First line: 0.5" Dele[etl: 18 INTRODUCED BY: • Formatted: No underline l9 ~ Deleted: . ' Deleted: ~ Deleted: Formatted: indent: LeR: 1" DNe[ed: Formatted: Font: 12 pt PaOa 1: [1] Dalated Aida 10/3/2007 3:56:00 PM The recently passed Act 183 is a major step towazds preservation of important agricultural lands and perpetuation and development of the agriculture industry in Hawaii. Section 205-I(a)(3) of Act 183, however, removes a significant portion of agricultural lands from consideration as important agricultural lands (IAL) based on an arbitrary rule that has no relationship to the suitability of the land for agriculture. Under Section 205-I(a)(3) if the "majority" (51 of a landowner's lands have been declared IAL, the remainder of the lands cannot be considered no matter how valuable the land may be for agriculture. This provision was never considered by the Department of Agriculture-convened Agriculture Working Group which met over a period of six months in 2004 to prepare the bill which ultimately resulted in Act 183. The "51 % provision" appeared in the last stages of the legislative process. This sudden appearance did not allow for a full discussion or deliberation of the implications of, or motives behind, such provision. The wholesale removal of such significant amount of acreage from consideration as Important Agricultural Lands is contrary to the stated policy of the Act to ; "Promote agricultural development and land use planning that delineates blocks of productive agricultural land and azeas of agricultural activity for protection from the encroachment ofnon-agricultural uses". This proposed amendment removes the problematic portion of subsection 205- I(a)(3). SECTION 2. Act 183, Session Laws of Hawaii, 2005, is amended by amending subsection 205-I(a)(3) to read as follows Page 1: [2] Formatted Aida 10/2/2007 8:19:00 AM Font: 12 pt, No underline Page 1: [3] Formatted Aida 10/2/2007 8:19:00 AM Font: 12 pt, No underline Pape 1: [4] Deleted Aida 10/1/2007 3:33:00 PM Pape 1: [5] Deleted Alda 10/3/20073:30:00 PM Designation of important agricultural lands; Adoption of important agricultural land maps. .B. NO. A BILL FOR AN ACT RELATING TO PUBLIC LAND LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 663- , Hawaii Revised Statutes, is amended by amending the 2 definition of "improved public lands" to read as follows: 3 "Improved public lands" means lands designated as part of the state park system, parks, 4 and parkways under chapter 184, or as part of a county's park system, and lands which are part 5 of the Hawaii statewide trail and access system under chapter 198D, excluding buildings and 6 structures constructed upon such lands. For purposes of this part, "improved public lands" 7 excludes ocean and submerged lands[, and further excludes any public beach pazk falling within 8 Act 190, Session Laws of Hawaii 1996. as amended by Act 101, Session Laws of Hawaii 1999]." 9 SECTION 2. Statutory material to be repealed is bracketed. New statutory material is 1o underscored. 11 SECTION 3. This Act shall take effect upon its approval. 12 13 14 15 INTRODUCED BY: 16 2008 legislature -Public Beach Pazks Bill (HSAC)