HomeMy WebLinkAboutCOM 0589.009 2006-2008 Enterprises , t~,f ~I,~1
HC-1 Box 5626
Kea'au, Hawaii 96749~a JflN Z3 P(~ y 1.3
January 21, zoos C~s~q, a ct~
t C)UN1 ~ ; « ~~'~\n);nll
Mr. Pete Hoffmann
Chairman
Hawaii County Council
Ben Franklin Building
333 Kilauea Avenue
Hilo, Hawaii 96720
Dear Chairman Hoffmann,
Enclosed is a copy of a document that I will be giving to Legislators when I meet with them. I
have individual meetings with each member of the Hawaii delegation starting on Tuesday,
January 22, 2008. I will be scheduling meetings with Committee Chairs for the following week.
All scheduled meetings are subject to change due to the scheduling of Committee briefings and
hearings.
During the week of Januazy 14`h I was able to attend the following briefings and meetings: 1)
Senate Committee on Ways and Means informational briefing on the UH budget; 2)Senate
Committee on Education and House Committee on Higher Education informational briefing on
UH budget; 3) Senate Committee on Ways and Means and House Committee on Finance
informational briefing on the County legislative packages; Senate Committee on
Intergovernmental and Military Affairs and House Public Safety & Militazy Affairs
informational briefing on Depleted Uranium; and, a meeting of the Hawaii State Association of
Counties.
Regarding the briefing on Depleted Uranium, the Hawaii County Council may want to consider
asking Coronel Howard J. Killian, US Army to provide them with a briefing. I got a copy of his
power point presentation and a brochure provided by the Army that I can provide upon any
Council Member's request.
As a thirty-three year resident of Hawaii County, I thank you and the Council for this
opportunity to benefit our County.
Sincerely,
Ralph C. Boyea
~ Enterprises (-~Q
Comm. No.
Rif. To: Rreseo~
Rif. Date JAN 24 inns
HAWAII COUNTY COUNCIL
Legislative Issues
Twenty-fourth Legislatlare, 2007-2008 Regular Session
Legislation Supported by the Hawaii County Council
I. Hawaii County Council Resolutions in support of specific
Legislation
II. Hawaii State Association of Counties Legislative Package
III. Other issues
IV. Hawaii County Mayor's Legislative Package
I. Hawaii County Council Passed the following Resolutions in
support of pending Legislation
Resolution 316-07 passed by the Hawaii County Council on October 3, 2007. Resolution
passed without dissention. Resolution 316-07 urges the State Legislature and the Governor
to Allow Voters Statewide the Opportunity to Decide on the Formation of Locally-Elected
Boards of Education. {Requests to place the question of locally-elected boards of education to
govern over their respective counties or districts (within each of the counties) before the voters
of the State of Hawaii.}; and PWIRC-34.
Resolution 439-07 passed by the Committee on Public Works and Intergovernmental
Relations, January 8, 2008; pending Council action. No dissenting votes. This Resolution
urges our State Legislators to pass H6661, H.D.1 with amendments that establish
comprehensive public funding for elections to the Hawaii County Council. The
Committee recommended adoption with eight 'aye' votes. One member was absent.
Resolution 417-07 passed by the full Council on November 20, 2007. No dissenting
votes. Requests the Hawaii State Legislature to Schedule Committee Hearings, Give
Floor Consideration and Adopt Into Law the Provisions of H.B. 72 and S.B 661 to Provide
Truth-in-Labeling for Kona Coffee. {These bills remain on the legislative docket for
consideration at the 2008 legislative session.}
Resolution 462-08 passed by the Committee on Environmental Management, January 8,
2008; pending Council action. No dissenting votes. Supports S.B. 958, $.D.1, H.D.1
imposing a ten year moratorium on developing, testing, propagating, cultivation,
growing, and raising of genetically modified taro in the State of Hawaii.
Resolution 463-08 passed by the Committee on Environmental Management, January 8,
2008; pending Council action. No dissenting votes. Supports H.B. 1577, H.D.1
temporarily prohibiting the growing of genetically modified coffee for a period of five
years while at the same time permitting research in an environmentally secure facility.
II. Hawaii State Association of Counties Legislative Package
Attached is a copy of the Hawaii 2008 Hawaii State Association of Counties Legislative
Priorities. The Hawaii County Council supports this package.
III. Other issues presented by Council Members
Please note the following list is not in any order of priority.
Depleted Uranium - follow legislation relating to the issue of depleted uranium at
Pohakuloa and other locations in the State. Advocate to insure that residents are
protected from any harmful effects of this material.
DHHL zoning -advocate for more County involvement in zoning for commercial and
industrial developments on Hawaiian Homes Land.
Water rates on agricultural land -advocate for agricultural water rates on agricultural
land. See H.B. 1121 and Senate Concurrent Resolution #3, S.D. 1.
UH and HCC funding -support funding for the expansion of the University of Hawaii
and the Hawaii Community College on the island of Hawaii.
Support alternative energy and renewable energy proposals.
Hawaii County Council Legislative Issues 2
Support initiatives to control invasive species.
Support H.B. 1598 and S.B. 753 relating to single payer health care.
Support accurate product labeling. Establish a minimal percentage of "other" than
locally grown products in advertising standards.
Support the enforcement of the Federal COOL Act in protecting our 100% locally grown
agricultural products, including honey, macadamia nuts and coffee.
Support funding for combating invasive species on all islands.
Support the establishment of a permanent fund for low interest loans to the Counties.
Support funding for the extension of Kupulau Road.
Track Bills that may affect the County of Hawaii.
IV. Hawaii County Mayor's Legislative Package
Attached is a copy of Mayor Harry Kim's Legislative Package for 2008. The Hawai i
County Council supports the Mayor's legislative package.
We humbly request your support for the above referenced items.
If there is anything I can do to assist you in your support, please contact me.
I am available to provide additional information on any of these issues. If you have any
questions or concerns, please contact me.
Ralph C. Boyea, Legislative Advocate, Hawaii County Council
Cell: 808-937-3138 email: rcb946@gmail.com
Hawaii County Council Legislative Issues 3
MtY Of N~~ ~rLE COPY
Harry Kim Dixie Kaetsu
Mayor Managing Director
ith of N''~t•`
Barbara J. Kossow
/,(~'~~~y~ ~rt`jytt~~tG~ Deputy Managing Director
891 Ululani Street • Hilo, fiawai'i 9116720.39:812 • (808)961-8211 • Fax (808)961-6553
KONA: 75-5706 Kuakini Nighway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 Faz (808)326-5663
November 30, 2007
The Honorable Pete Hoffmann
and Council Members
County of Hawaii
Hilo, HI 96720
Dear Chair Hoffmann and Members:
Attached please find my tentative Legislative Package for 2008. The list of requests is
subject to change, although I do not expect there to be many modifications prior to my
presentation to the Legislature on January 15.
Your assistance and support would be very much appreciated.
AI, a,
1~
o1il~
~arry Ki
MAYOR
Attachment
County of HawaP i is an Equaf Opportunity Provider and Employer.
CIP REQUESTS
The Hawaii County administration requests support from the Hawaii State
Legislature for the following CIP Projects
I. County Projects:
1. To deal with our housing crisis:
a. Our number one priority this session is the Kaloko Housing Program
(KHP), $12,000,000. The only shelter that serves the homeless
population in all of West Hawaii (Ka Hale O Kawaihae) must close,
and we need to replace it with KHP. Our proposal is to develop 50
multi-family, cluster homes, providing housing and supportive
services for families affected by homelessness.
b. Of only slightly less importance is the Keahuolu Affordable Housing
HHFDC Project. To allow the creation of affordable housing on the
only parcel of government-owned, non-ceded land in Kona, we ask
you to fund needed North Kona Water System Improvements,
$12,000,000, and a "mid-level road" to open the property, at a cost
of $10,000,000.
II. Two other County projects, for which we would welcome your help:
Puna Regional Complex, $10,000,000
Multi-purpose Center, Kona, $500,000 (Aging)
III. HHSC: Recognizing the importance of healthcare in Hawaii, we ask you to
help HHSC fund the following:
1. Kona Community Hospital Emergency Room expansion and renovation,
$10,000,000
The emergency department at Kona Community Hospital was built to
accommodate 10,000 patient visits per year and is currently seeing 18,500
patient visits per year with a 9%/year visit increase. The department-needs to be
expanded and modernized to improve patient access, flow & privacy and to
provide for a better working environment for the staff."
2. Hilo Medical Center, two projects:
a. Replacement/expansion of long term care facilities. There is a desperate
shortage of long term care services statewide, particularly acute in East
Hawaii. If Hilo Medical Center can find a private company with which to
partner, HHSC will be asking for $25,000,000 in State funds for
construction. We understand that the entire estimated cost would be
$75,000,000.
b. Cardiovascular Laboratory. Much needed to support the ongoing
recruitment of cardiologists and a vascular surgeon. $7,000,000
IV. We also support a State DLNR request for $250,000, to cover the cost of an
EIS and planning for a public shooting range in West Hawaii. There has been a
strong community effort to establish such a facility, and it is deserving of your
consideration.
V. Finally, we would like to ask that you extend the deadline for a CIP item that
you authorized in Act 178 (2005), an Ocean View well. These funds were
designated to Hawaii County Department of Water Supply, which has worked
diligently to construct the well. It is expected that all funds will be encumbered
prior to the funds lapsing June 30, 2008. However, in case there are any
unanticipated problems, we would appreciate having the lapse date extended
orie year, to June 30, 2009.
REQUESTS FOR LEGISLATIVE SUPPORT
The Hawaii County administration requests support from the Hawaii State
Legislature for the following measures:
Other financial support
1. Loan fund for wastewater projects. The State has a revolving fund to enable
the counties to obtain loans for wastewater projects. Because $65,000,000 from
this fund was committed to the City and County of Honolulu, there is little or
nothing left to cover even our highest priority projects. We ask that this fund be
increased to reflect the great needs that exist. Because of the magnitude of the
problem, I hesitate to ask for a specific sum. Hawaii County alone could use up
to $53,000,000, and I am sure that the other counties have comparable needs.
2. Increase EMS appropriation for Hawaii County by $326,934 to cover new
retirement contribution rates. This increase is the result of the enactment of Act
256 in the last legislature, which increased the standardized retirement
contribution rates, beginning FY09, for firefighters (15.75% to 19.7%) and for
HGEA employees (13.75% to 15.0%). The State DOH said it would attempt to
have this added to its appropriation request, but recommended that we also
include it in the County's request, since the numbers were submitted late by our
Fire Department.
3. Reed Act, $2,000,000. In 2006, this Legislature appropriated $10,000,000
statewide (Act 190, 2006) for the four county workforce investment boards
(WIBs). Of that sum, $1,900,000 came to Hawaii County. The Department of
Labor, and' all involved with the Big Island WIB efforts, are justly proud of the
initiatives that this money enabled, such as Going Home, our prison-to-
community reentry initiative; Huiana, our island wide high school student
internship program; and an initiative to directly serve and strengthen Hawaii
County's work places through our business center and business service
representatives. This year, we would like to ask that you appropriate another
$2,000,000 from these federal funds, so that these initiatives can continue, and
new ideas can be developed by the WIB partners, such as an expansion of our
new disabilities consortium and its increased services to persons with disabilities-
-particularly our youth; and expanding our Huiana and Going Home initiatives to
serve more students and ex-offenders. Please also consider any comparable
requests that come from our sister counties.
4. Earthquake costs, $5,500,000. The earthquake in October, 2006 caused great
damage in Hawaii County. Last year's Legislature passed an emergency
appropriation bill that was meant to help, and we did receive $850,000 for some
of our parks repairs, for which we thank you and the Governor. However, we are
told by the State Department of Defense that it is difficult to tap the rest of the
funding because the Legislature appropriated the money from the Rainy Day
Fund rather than the General Fund, and the Governor does believe that this is
warranted. The County of Hawaii is left with matching requirements of
$1,344,089 for Federal Highways fund match; $665,000 for FEMA match; and
$3,761,621 for Department of Water Supply FEMA match and other excess
costs. Any help you can give us in covering these County out-of-pocket costs
would be appreciated.
5. Increase funding for maintenance of veterans' cemeteries. Current funding for
maintenance of these cemeteries is far below the actual cost, which is
approximately $165,000.
Issues
1. Firearms. Exempt the State and counties from absolute liability as firearm
owners under HRS 663-9.5.
2. Fireworks. Allow counties to enact fireworks ordinances that are more
stringent than the State statute (HRS Chapter 132D).
3. "Hire the Retiree." Allow state and county retirees to return to work without
forfeiting their retirement benefits.
Mi
4
Hawaii State Association of Counties - a
4
•~~'•;;.~..~r Counties of Kauai, Maui, Hawaii and City and County of Honolulu o. ,
2008
Hawaii State Association of Counties
Legislative Priorities
Dear Legislators:
Thank you for attending today's informal briefing on the 2008 Legislative Priorities proposed
by the Hawaii State Association of Counties.
HSAC humbly requests your support and/or input on the four (4) proposals which will be the
focus of our efforts this session.
1. A BILL RELATING TO PUBLIC LAND LIABIILTY
This proposal provides counties with protection from liability as a result of natural
conditions on or near public beach parks and amends Act 82, SLH 2003, to remove the
exclusion of public beach parka.
2. A BILL RELATING TO HOUSING
This proposal extends the forty-five day window for a legislative body to approve, approve
with modifications, or disapprove an affordable housing project under Section 201H-38,
Hawaii Revised Statutes, to ninety days.
3. A BILL RELATING TQ'PROCUREMENT
This proposal removes the requirement for local governments to comply with rules adopted
by the policy board and to place the decision-making power to use cooperative contracts
within the discretion of local governments.
4. A BILL RELATING TO TRAFFIC INFRACTIONS
Thie proposal requires the State to transfer a portion of the fines and forfeitures collected for
uncontested traffic infractions to the county in which the violations occurred by creating a
new chapter, 291F, Hawaii Revised Statutes, entitled "Transmittal of 'Uncontested Traffic
Fines and Forfeitures to Counties," and amending Section 291C-171(a), Haivai`i Revised
Statutes.
As the nonprofit organization representing all the County Councils, HSAC recognises the
importance of these proposals and are willing to discuss our priorities with you further; if n0cessary.
We look forward to working with you during the session.
ALOHA!
Hawaii State Association of Counties Executive Committee Members:
President Mel Rapozo (Kaua`i County) Ph.: (808)241-6371
Vice President Bob Jacobson (Hawai`i County) Ph.: (808)961-8912
Secretary Romy Cachola (City & County of Honolulu) Ph.: (808)550-6738
Treasurer Joseph Pontanilla (Maui County) Ph.: (808)270-5501
P O
T
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 wotxi~l,„Provide the counties with
additional immunity in its operation of county parks.
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: A BILL FOR AN ACT RELATING TO HOUSING
PURPOSE: Extends the forty-five day window for a legislative body to
approve, approve with modification, or disapprove an affordable
housing project under Section 201H-38, Hawaii Revised Statues,
to ninety days.
MEANS: Amends Section 201H-38, Hawaii Revised Statues.
JUSTIFICATION: With the authority granted to the county councils by Act 249
(2007) to modify affordable housing projects, extending the
councils' review period to ninety days will produce projects that
aze better suited to the counties' respective needs while still
providing an expedited process.
The 45-day deadline is inadequate for a responsible review of a
project, partly because a significant amount of time is consumed
by the notice requirements under Chapter 92, HRS, for scheduling
Council and committee meetings.
Passage of this measure would reflect the Legislature's recognition
of the scheduling and other limitations imposed on the councils by
the Sunshine Law.
This measure only addresses the councils' role in the approval
process, which historically has not been the source of delays and
increased costs for good affordable housing projects.
pefgbr.W-2416
Paget a ~ g®~
1 (1) The corporation finds the housing project is
2 consistent with the purpose and intent of this
g chapter, and meets minimum requirements of health and
q safety;
5 (2) The development of the proposed housing project does
6 not contravene any safety standards, tariffs, or rates
~ and fees approved by the public utilities commission
g for public utilities or of the"-various boards of water
g supply authorized under chapter 54;
10 (3) The legislative body of the county in which the
11 housing project is to be situated shall have approved
12 the project with or without modifications:
13 (A) The legislative body shall approve, approve with
14 modification, or disapprove the project by
15 resolution within [fey--five] ninet days after
16 the corporation has submitted the preliminary
1~ plans and specifications for the project to the
18 legislative body. Tf on the [`~~~i=~t`l
19 ninety-first day a project is not disapproved, it
20 shall be deemed approved by the legislative body;
21 (B) No action shall be prosecuted or maintained
22 against any county, its officials, or employees
23 on account of actions taken by them in reviewing,
2008 HSAC Leg Pkg. Bill Relating to Housing
Page 4 a ~ .
1 205-4. If on the forty-sixth day the petition is not
y disapproved, it shall be deemed approved by the
3 commission. "
q SECTION 3. Statutory material to be deleted is bracketed
5 and in strikethrough. New statutory material is underscored.
6 SECTION 4. This Act shall take effect upon its approval.
7
R INTRODUCED BY:
2008 HSAC Leg Pkg. Bill Relating to Housing
• B • N
A BILL FOR AN AGT
RELATING TO PROCUREMENT.
$E IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAR'AII:
1 SECTION 1. Section 103D-802, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "§103D-602 Cooperative purchasing authorized. A public
4 procurement unit may either participate in, sponsor, conduct, or
5 administer a cooperative purchasing agreement for the
6 procurement of goods, services, or construction with one or more
7 public procurement units, external procurement units, or
i.... ~a~,~tea
g nonprofit private procurement units pursuant to
y ] an agreement entered into between the
10 participants. The cooperative purchasing may include, but shall
11 not be limited to, joint or multi-party contracts between public
12 procurement units, and state public procurement unit
13 requirements contracts which are made available to local public
14 procurement units. Cooperative purchasing agreements may be
15 exempt from preferences pursuant to part X.
16 SECTION 2. Statutory material to be deleted is bracketed
17 and in strikethrough.
1g SECTION 3. This Act shall take effect upon its approval.
07-239a
JUSTII+'ICATYON 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
MEAN5: Create a new chapter, 291F, "Transmittal of Uncontested Traffic
Fines and Forfeitures to Counties," and amend section 291C-
171(a), Hawaii Revised Statutes
JUSTIFICATION: While the counties are responsible for enforcement, revenues
accruing from violations of the S~tewide Traffic Code are paid
solely to the State. Traffic citations are issued by police officers
whose costs, including salaries, equipment, and administrative .
support, ate 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 called 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.
Page 2
e
~ Sec. 291F-8 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
g of amounts required by the State to pay the administrative costs
7 of the traffic violations bureau.
g (b) Subsection (a) shall not apply to:
g (1) Fines and forfeitures for violations that occur on
0 state off-street parking facilities, parks, airports,
~ and harbors that are subject to enforcement by the
2 State; and
3 (2) Fines and forfeitures that are required by law to be
4 paid into a special, revolving, or trust fund.
5 No county shall be entitled to any portion of the fines and
6 forfeitures described in this subsection."
7 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is
8 amended by amending subsection (a) to read as follows:
g "(a) All fines and forfeitures collected upon conviction or
0 upon the forfeiture of bail of any person charged with a
violation of any section or provision of the state traffic laws
2 and all assessments collected relating to the commission of