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COM 0967.000 1996-1998
Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu 4 [ember 2, 1998 ~ To: James Arakaki, Chairman and Members of the Hawaii County Council From: Al Smith, Vice President Hawaii State Association of Counties (HSAC) Subject: HSAC Executive Committee Meeting - August 27, 1998 The following highlights of the HSAC Executive Committee meeting of August 27, 1998 are hereby submitted. The Secretary's Minutes of the Executive Committee Meeting June 9, 1998 were approved and placed on file (Attached for information). The Treasurer reports for the months of May, June and July 1998 was approved and placed on file (Attached for information). Under the heading of NACo Reports, the minutes of the NACo/NACoRF Board of Directors Meeting at the Western Interstate Regional Conference in Juneau, Alaska on May 22, 1998 were placed on file. Copies are available on request from the Legislative Auditor's Office. Also under NACo Reports, a memorandum from Diane S. Shea, Associate Legislative Director, dated July 27, 1998 on events before Environment, Energy and Land Use, to Environment, Energy and Land Use Steering Committee was placed on file (Attached for information). It was also reported that the new chair of this Steering Committee, Ron Houseman of Missouri, a long time friend and supporter of Hawai'i and its members, having lost his bid for public office in the primary election, may be stepping down. Finally under NACo Reports, it was reported that the Hawaii Visitors & Convention Bureau is in the process of submitting a bid for the NACo Annual Conference for July 2005. It is anticipated that both the Mayor and the County Council will be approached for welcoming endorsements of this venture. The first item under New Business was a discussion of Proposals for the 1999 HSAC Legislative Package. It is requested that proposals by members of the Hawai'i County Council be routed to me by October 7, 1998. Once endorsed by the Hawaii County Council, your proposals must then be reviewed and approved by our neighbor island counties (Action Requested). The County of Maui has already made a submittal of three proposals for inclusion in the 1999 HSAC Legislative Package. In light of previous accusation of conflicts with the electoral process, your Executive Committee has referred the first proposal, which authorizes county clerks to implement vote-by-mail elections, to the State Elections Commission (Attached for information). A second proposal attempts to clarify the subpoena powers of the legislative bodies. There was some discussion on this proposal as it could possibly violate the doctrine of separation of powers. It was suggested that counties check their charters and consult their respective Corporation Counsels before taking a position on this matter (Attached for information). ® FGoLum. No.-91&7 ile No. N Is Cr Ref. Date SP 0 2 1998 _Y James Arakaki, Chairman and Members of the Hawaii County Council September 2, 1998 Page 2 The third Maui proposal attempts to limit the liability of counties in claims of injuries and deaths resulting from the participation in a hazardous recreational activity on county-owned or controlled property (Attached for information). It is requested that the Hawai'i County Council consider the legislative proposals relating to subpoena powers of the legislative bodies and limiting liability for hazardous recreational activity for inclusion in the 1999 HSAC Legislative Package (Action Requested). Annually, HSAC adopts a Legislative Program Policy Statement. The 1999 HSAC Legislative Program Policy Statement, provides general guidance to the Executive Committee and authorizes the Executive Committee to provide testimony on legislative proposals which are part of HSAC Legislative Package. It is recommended that the 1999 HSAC Legislative Program Policy Statement be adopted (Attached for information, Action Requested). Finally under New Business, your Executive Committee received a presentation by Mr. Jeff Garland on Telecommunications. Mr. Garland suggested that the Cable Franchise Authority be decentralized and that counties use these funds to promote and expand its capabilities to bring government information to the people via the Internet on a real time basis. No action was taken on this matter in the absence of data detailing the financial impact (Attached for information). It was announced that the HSAC Mid-year Conference is being planned for December 3&4,1998, on the island of Kauai. The next HSAC Executive Committee Meeting is planned for October 23, 1998. There being no further business, the meeting was adjourned. Attachments 1 ~ Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu HAWAI'I STATE ASSOCIATION OF COUNTIES (HSAC) f! r1 EXECUTIVE COMMITTEE MEETING June 9, 1998 Manele Bay Hotel Island of Lanai, Hawai'i 1. CALL TO ORDER The HSAC Executive Committee was called to order by President Rene Mansho at 10:05 a.m. The following members present made up a quorum: l City and County of President Rene Mansho j Honolulu Staff Andrew Sekine County of Maui First Vice President Dennis Nakamura Staff David Raatz County of Kauai Second Vice-President Ron Kouchi Staff Cyndi Ayonon County of Hawai'i Secretary/Treasurer Al Smith Staff Gerald Monden Also Present: Maui Council Chair Pat Kawano Hawaii County Councilman Curtis Tyler Maui County Councilman Kimo Apana II. EXECUTIVE COMMITTEE MEETING MINUTES The minutes of the May 8, 1998 meeting of the HSAC Executive Committee were approved. i III. TREASURER'S REPORTS I The Treasurer Report for the month of April 1998 was approved. I IV. REPORTS A. Executive Committee Reports The following Executive Committee Reports were approved and placed on file: 1. From Al Smith, Secretary-Treasurer, to President Mansho, dated May 8, 1998, regarding approval of the HSAC and NACo Statement of Values. I I B. County Report The following Executive Committee Reports were placed on file: I. From Daryl T. Yamamoto, Maui County Clerk, to President Mansho, dated April 20, 1998, regarding adoption of Committee Report No. 98-62. C. NACo Report NACo Board Member Ronald Kouchi reported that discussions on the evaluation and compensation package for NACo Executive Director Larry Naake is still a matter of debate. He indicated that a "Management Study of Operation" will be done in order to consider a different method for the NACo Executive Director's evaluation. D. WIR Report President Mansho reported that the next WIR Fall Board Meeting will be scheduled sometime during the month of October in Utah. V. UNFINHED BUSINESS A. HSAC Annual Budget All four counties reported their approval of the annual HSAC budget for fiscal year 1998-1999. Hawaii on April 1, 1998, Kauai on March 11, 1998, Maui on June 5, 1998, and Oahu on May 6, 1998. The budget will be submitted to the HSAC General Membership for its approval. B. Proposed Slate of HSAC Officers for Fiscal Year 1998-1999 With each of the four counties appointing one of its members to serve as an officer of HSAC, the following slate of HSAC Officers for fiscal year 1998-1999 was composed and referred to the counties for their approval: President Rene Mansho, Honolulu Councilmember Vice President Al Smith, Hawaii County Councilmember Secretary Dennis Nakamura, Maui County Councilmember Treasurer Ron Kouchi, Kauai County Councilmember All four counties reported their approval of this slate. The slate will be submitted to the HSAC General Membership for its approval. C. HSAC Legislative Package Members of the Executive Committee were provided copies of Conference Committee Report No. 161 relating to Senate Bill 2213, SD 2, HD 2, CD 1 (Privatization) and Conference Committee Report No. 167 relating to Senate Bill 2259, SD 1, HD I, CD 1 (TAT). D. 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 Kauai and Maui. 2 r. v~ E. Support for NACo's Platform on ISTEA The purpose of this item is to act on a resolution supporting NACo's Platfoan on the Intermodal Surface Transportation Efficiency Act (ISTEA). See Honolulu Council Resolution 98-33. This matter was deferred pending action by Hawaii, Maui, and Oahu. F. Support for NACo's Position Opposing Federal Preemption of Local Zoning Authority over Satellite Broadcast on Cellular Phone Antennas The purpose of this item is to act on a resolution supporting NACo's position opposing federal preemption of local zoning authority over satellite broadcast on cellular phone antennas. See Honolulu Council Resolution 9840. This matter was deferred pending action by Hawaii, Maui, and Oahu. G. Support for the Proposed Amendment to the Internet Tax Freedom Act The purpose of this item is to act on a resolution supporting NACo's endorsement of the proposed amendment to the Internet Tax Freedom Act. See Honolulu Council Resolution 98-92. This matter was deferred pending action by Hawaii, Maui, and Oahu. VI. NEW BUSINESS There were no items on new business discussed. VII. COMMUNICATIONS The following communication was placed on file: I. From John DeSoto, Chair, Honolulu City Council, to Honolulu City Councilmembers, dated May 5, 1998, regarding appointment of Councilmember Rene Mansho to serve on the HSAC Executive Committee. 2. From Al Smith, Secretary-Treasurer, to Members, HSAC Executive Committee, dated May 27, regarding closing of the Associations books for FY98. VIII. ANNOUNCEMENTS The next meeting of the HSAC Executive Committee will be in August. Time and place to be announced at a later date. IX. ADJOURNMENT There being no further business, the meeting of the Executive Committee was adjourned at 10:36 a.m. Very Truly Yours, AL SMITH Secretary-Treasurer Hawaii State Association of Counties 3 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu a ~~yy!!~~ E v June 2, 1998 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 fiscal period May 1 to May 31, 1998. Very truly yours, AL SMITH Secretary-Treasurer Hawaii State Association of Counties Enclosure 1 „rr Yw'+ HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period : May 1 through May 31, 1998 FUND BALANCE AT BEGINNING DATE $39,159.16 This Year to Period Date Budget Receipts 001 Membership Fees $0.00 $28,000.00 $28,000.00 010 Conference Income $0.00 $9,229.34 $6,000.00 030 Interest Income $116.40 $1,135.26 $1,300.00 090 Miscellaneous $0.00 $2,429.80 $0.00 Total $116.40 $40,794.40 $35,300.00 TOTAL RECEIPTS THIS PERIOD $116.40 Disbursements Executive Committee 201 Travel $99.00 $444.00 $3,300.00 202 Auditing Services $0.00 $4,437.47 $4,500.00 203 Stationery $0.00 $0.00 $0.00 209 Miscellaneous $0.00 $5.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,200.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $1,764.00 $3,360.00 $9,000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $0.00 $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 $0.00 $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 $0.00 $0.00 608 FY 97-98 Annual $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 $1,863.00 $30,438.47 $44,292.00 TOTAL EXPENSES THIS PERIOD $1,863.00 FUND BALANCE AT END OF PERIOD $37,412.56 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu \.cer q~c July 20, 1998 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 fiscal period June 1, 1998 through June 30, 1998. Sincerely, l~ ~L RON KOUCHI Treasurer Hawaii State Association of Counties Enc. HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period : June 1 through June 30, 1998 FUND BALANCE AT BEGINNING DATE $37,412.56 This Year to Period Date Budget Receipts 001 Membership Fees $0.00 $28,000.00 $28.000.00 010 Conference Income $0.00 $9,229.34 $6,000.00 030 Interest Income $105.51 $1,240.77 $1,300.00 090 Miscellaneous $0.00 $2,429.80 $0.00 Total $105.51 $40,899.91 $35,300.00 TOTAL RECEIPTS THIS PERIOD $105.51 Disbursements Executive Committee 201 Travel $1,711.04 $2,155.04 $3,300.00 202 Auditing Services $0.00 $4,437.47 $4,500.00 203 Stationery $0.00 $0.00 $0.00 209 Miscellaneous $0.00 $5.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,200.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $4,704.60 $8,064.60 $9,000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $0.00 $18,992.00 $18,992.00 409 Miscellaneous $0.00 $0.00 $500.00 WIR 501 Travel $2,202.08 $2,202.08 $3,000.00 502 Promotional $0.00 $0.00 $500.00 503 Dues $0.00 $2,200.00 $2,200.00 509 Miscellaneous $(100 $0.00 $0.00 Conferences 606 FY 95-96 Annual $0.00 $0.00 $0.00 607 FY 96-97 Mid Year $0.00 $0.00 $0.00 608 FY 97-98 Annual $0.00 $1,000.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.06- Advance for WIR Conference(tepmt) $0.00 $0.00 $0.00 TOTAL $8,617.72 $39,056.19 $44,292.00 TOTAL EXPENSES THIS PERIOD $8,617.72 FUND BALANCE AT END OF PERIOD $28,900.35 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu August 13, 1998 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 fiscal period July 1 through July 31, 1998. Very truly yours, RONALD KOUCHI Treasurer, Hawaii State Association of Counties Enc. 7-HSAC 1: tdtr.7 L: ca/ao HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period: July 1 through July 31, 1998 FUND BALANCE AT BEGINNING DATE $28,900.35 This Year to Period Date Budget Receipts 001 Membership Fees $0.00 $0.00 $28,000.00 010 Conference Income $0.00 $0.00 $6,000.00 030 Interest Income $87.02 $87.02 $1,300.00 090 Miscellaneous $0.00 $0.00 $0.00 Total $87.02 $87.02 $35,300.00 TOTAL RECEIPTS THIS PERIOD $87.02 Disbursements Executive Committee 201 Travel $0.00 $0.00 $3,300.00 202 Audting Services $0.00 $0.00 $4,750.00 203 Stationery $0.00 $0.00 $1,000.00 209 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 $0.00 $9,000.00 402 Promotional $0.00 $0.00 $500.00 403 Dues $0.00 $0.00 $19,524.00 409 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 601 FY 97-98 Annual $0.00 $0.00 $0.00 602 FY 98-99 Mid Year $0.00 $0.00 $0.00 603 FY 98-99 Annual $0.00 $0.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 $46,074.00 TOTAL EXPENSES THIS PERIOD $0.00 FUND BALANCE AT END OF PERIOD $28,987.37 O National Association of Counties MEMORANDUM TO: Environment, Energy and Land Use Steering Committee State Association Executive Directors Other interested parties FROM: Diane S. Shea, associate legislative director Environment, Energy and Land Use DATE: July 27, 1998 RE: Monthly Legislative & Regulatory Briefing COMMITTEE BUSINESS It was great to see so many of you at the NACo Annual Conference in Portland last week; I hope you found the meetings informative and interesting. The Steering Committee reaffirmed two Interim Resolutions from the Legislative Conference last March (making them permanent), and revised and consolidated the ozone and particulate matter resolution into a single resolution. The new and revised resolutions will be included in the 1998-99 edition of American County Platform, scheduled to be printed this fall. NACo's -new President appointed a new chair of our Steering Co=.ittee County Clerk Ron Houseman from Taney County, Missouri. Ron has served as vice-chair of the Steering Committee for many years. I know that you join me in welcoming him as the new chair of the Steering Committee. The new list of Steering Committee members will be mailed as soon as it is finalized next month. If you plan to remain on the Committee, please make sure that your state association of counties/commissioners sent to NACo's Legislative Department a nomination form for you. They were due at NACo by the end of last month, but additions will be accepted. Congress has approximately six weeks of legislative time remaining before the scheduled end of the session in early October, not including a recess next month. Not much action is expected on any environmental or energy bills other than the budget appropriations 440FirstStreet. /Wbills, which are attracting "riders" on related non-budget issues. Washington, DC 20007-2080 2021393-6226 Fax 2021393-263 0 PROPERTY RIGHTS/TAKINGS In a tremendous victory this month, counties helped to defeat any further congressional action on the property rights/"takings" legislation. Supporters of S. 2271 (formerly H.R. 1534) fell well short of the 60 votes needed to proceed to a vote on the bill, effectively dooming the legislation for this Congress. By a vote of 52-42, the Senate refused to limit debate on the bill. With the extremely busy Senate calendar for the remainder of the session on appropriations and tax bills, Republican leadership staff said it was unlikely that a property rights bill would be brought up again this year. Counties responded in force to NACo's appeals for contacts, and the result was overwhelming. NACo's letters were quoted, verbatim, from the Senate floor, and local govemment decisions were used as illustrations of good planning and environmental stewardship. NACo's member counties, as well as the major effort by state associations of counties, helped to stop this radical measure that would have allowed developers to by-pass state courts, curtail local land use decisionmaking, and bring about premature and expensive lawsuits against counties. The cloture vote was primarily a party-line affair, with most Democrats supporting NACo's position. However 6 Republicans broke ranks with their party and voted with the Democrats against cloture. They were Senators John Chafee (R-RI), William Roth (R-DE), Judd Gregg (R-NH), James Jeffords (R-VT), Olympia Snowe (R-ME), and Susan Collins (R-ME). Five Democrats joined the majority of Republicans in supporting cloture. They were Senators Kent Conrad (D-ND), Byron Dorgan (D-ND), Harry Reid (D-NV), Mary Landrieu (D-LA), and Wendell Ford (D-KY). Six Senators were absent for the vote. They were Senators Alfonse D'Amato (R-NY), William Frist (R-TN), Joseph Biden (D-DE), John Breaux, (D-LA), John Glenn (D-OH), and Robert Torricelli (D-NJ). County officials can take credit for raising the profile of the issue and making the vote much closer than it was expected to be. However, the primary proponent of the bill, the National Association of Home Builders promised to bring back another bill on property rights next year. County officials should be discussing the issue of federal preemption of local land use decisions with congressional candidates this summer, particularly those candidates that are seeking endorsements from county officials. SUPERFUND NACo has joined with several other local govemment organizations to intervene to defend a new Superfund Municipal Solid Waste Settlement Policy against a lawsuit recently brought by a coalition of major industry groups. The industry lawsuit seriously threatens the EPA policy adopted in February - and strongly endorsed by NACo - which 2 authorizes EPA regional offices to resolve the Superfund liability of all local governments which generated or transported MSW to Superfund sites, or owned landfills which were placed on the federal Superfund list. Potentially 750 local governments, as well as thousands of small businesses, legally involved at 250 Superfund sites are eligible for the protections offered by the EPA policy. On May 18, a coalition of industry groups sued the EPA to throw out the Settlement Policy. The groups involved are the Chemical Manufacturers Association, the U.S. Chamber of Commerce, the American Petroleum Institute, the National Association of Manufacturers, the Electronic Industries Alliance, and the American Automobile Manufacturers Association. ELECTRIC UTILITY RESTRUCTURING After several months of inactivity, the issue of electricity restructuring has sprung back - if not exactly to life, at least to some degree of attention on the Hill - with the release of a new "pre-markup draft" bill that is a combination of two comprehensive electricity bills introduced by Members on the Commerce Committee's Energy and Power Subcommittee. The draft combines provisions from H.R. 655, introduced last year by the Subcommittee chairman, Rep. Dan Schaefer (R-CO), and a draft bill - circulated but never introduced - by Reps. Steve Largent (R-OK) and Bill Paxon (R-NY). It calls for states to introduce competition in the electricity retail market by January 1, 2001, but states that have already adopted competition plans would be "grandfathered". By the year 2010 utilities would have buy at least 4% of their supplies from renewable sources. States would have the discretion to handle the stranded costs issue as they decided. Other provisions include labeling of price and source of generation, and protection against market power abuses. TVA would be allowed to preserve its existing retail power contracts outside its mandated areas, but other power marketing administrations were not mentioned in the draft bill. Also absent are provisions regarding taxes, which will likely be addressed in the Ways and Means Committee. No hearings on the bill are expected and action in the House Energy and Power Subcommittee could take place when Congress returns from its August recess. The Administration also unveiled their bill, to be introduced by Senator Frank Murkowski (R-AK), chairman of the Senate Energy Committee, on June 26. The bill would allow customers to choose their electricity supplier by Jan. 1, 2003, but a state could opt out of retail competition if it believed that its consumers would be better off under the status quo or an alternative state plan. At least 5.5 % of all electricity sales would be required to be generated from renewable energy sources by the year 2010 under the bill. A public benefit fund would be established to pay for low-income assistance, energy efficiency programs and 3 development of emerging technologies. States would be encouraged to allow the recovery of stranded costs, and DOE would be authorized to require energy suppliers to disclose to customers a variety of information on prices, terms, and conditions of services, as well as the sources of electricity generation, including air emissions. Similar to the Republican House bill, the Administration bill is silent on the issues of taxes for local and state governments. Sen. Murkowski is expected to hold hearings on the Administration bill when Congress returns in September. AIR QUALITY Global Warming At the latest meeting on the Kyoto global warming treaty, a coalition of developing nations vigorously opposed any moves toward reducing greenhouse gas emissions commitments. The United States and European Union representatives had pressed for more debate on the role of developing countries under the treaty, which binds only industrialized nations to emissions reductions targets. In particular, the U.S. attempted to place on the agenda of the November 1998 conference in Buenos Aires an item regarding voluntary commitments for developing countries. However, China and the "G-77" coalition of smaller nations adamantly rejected the suggestions, refusing to discuss the issue in November. President Clinton has promised not to send the Kyoto treaty to the Senate for ratification unless key developing countries agree to "meaningfully participate" in emissions limitations. The treaty, if ratified, would require the U.S. to cut carbon dioxide and other greenhouse gas emissions to 7% below 1990 levels by 2012, an amount estimated by the Administration to cost between $7-10 billion to the economy. Industry estimates place the cost at ten times that amount. The President has also promised not to attempt to implement the treaty "through the back door" by incorporating climate change activities within EPA's budget for FY 99. The House of Representatives has indicated their distrust of the President's promise by restricting EPA from pursuing the goals of the Kyoto treaty in the House version of EPA's funding bill. A rider to the bill (H.R. 4194) would prohibit EPA from using any funds in their budget to develop rules or regulations to implement or "in contemplation of implementation" of the Kyoto treaty. The Senate, fearing that EPA may try to force greenhouse gas emission reductions through more stringent regulations, also added similar language to their version of the EPA funding bill last month. Based on those amendments, the President has threatened to veto the entire bill, which also includes funding for HUD, the Veterans Administration, NASA, and several other agencies. 4 WATER QUALITY Tullock Rule Overturned The U.S. Corps of Engineers lacks authority under the Clean Water Act to regulate dredging within a wetland when a small amount material deposited in the wetland is an incidental consequence the dredging operation, the U.S. Court of Appeals for the District of Columbia ruled in June. The Corps had overstepped its bounds, the Court held, when it promulgated the so-called "Tulloch" Rule in 1993 that required developers, counties and flood control districts to obtain a permit for inadvertent spills of dredged material into a wetlands. The Rule had required permits when a county was dredging, for example, a drainage ditch and accidentally dumped some of the debris into an adjacent area classified as wetlands. Such spillage is common, and gave the Corps authority to regulate county ditch-clearing activities that were not intended to be covered by the wetlands section of the Clean Water Act. Some county and regional flood control agencies, in particular, have had to wait years before receiving a Section 404 permit to dredge flood control channels. It is unclear whether the decision will be appealed to the Supreme Court. Clean Water Action Plan Appropriations committees in the House and Senate have failed to fund key components of the Administration's Clean Water Action Plan that are to be implemented by the U.S. Department of Agriculture. Administration requests for significant funding increases in USDA's Environmental Quality Incentives Program (EQUIP) program, which offers direct technical and financial assistance to farmers who agree to improve their environmental practices, were turned down by both Senate and House committees. The president had asked for a $100 million increase for EQUIP, but the Senate committee failed to approve any additional funds, while the House committee recommended that the program be cut by $26 million. EPA argued that the lack of new funds for EQUIP and related USDA programs will make it more difficult to make the Clean Water Action Plan work because the EQUIP program would have provided farmers with assistance to reduce pollution from agricultural runoff - a major source of water pollution. Water Quality Standards Last month EPA finalized an initial proposal to begin a full-scale review of the water quality standards program which most states administer. The "advanced notice of proposed rulemaking" was published in the Federal Register on July 7. A copy is available on EPA website: (www epa eov/OST/Rules/anprm.html). 5 The proposed rulemaking will examine, and possibly change, classification of designated uses of streams, rivers and other waterbodies. Designated uses determine how clean the water must be, and in turn, the levels of pollution that are allowed in each discharger's permit. Other subjects for review will include anti-degradation limits for clean waters, mixing zones, and water quality criteria. In addition, the rulemaking may develop separate wet weather standards to reflect the special conditions caused by major rainfall or storm events. EPA will sponsor three public hearings on the proposal, the first to take place on August 27 and 28 in Philadelphia, PA. Written comments will be due on January 4, 1999. Small Community and Environmental Regulations The National Association of Schools of Public Affairs and Administration (NASPAA) - the national accreditation body for university graduate programs in public service - is initiating a pilot project designed to involve small communities in developing environmental regulations that will affect them. The "Small Communities Outreach Project for Environmental Issues" (SCOPe) is being funded through a cooperative agreement with U.S. EPA. The pilot project is limited to communities in EPA's Region 4 (Southeast region of the U.S.) but may be expanded to other areas later. SCOPe's goal is to ensure that key concerns and potential areas of conflict for small communities are addresses early in the rulemaking process. Visit the SCOPe website at www.namis.org. 6 COUNCIL OF THE COUNTY OF MAUI COMMITTEE OF THE WHOLE July 17, 1998 Committee Report No. 98-115 Honorable Chair and Members of the County Council County of Maui Wailuku, Maui, Hawaii Chair and Members: Your Committee of the Whole, having met on July 2, 1998, makes reference to a Miscellaneous Communication dated June 9, 1998, from the County Clerk, reporting that on June 5, 1998, the Council referred the matter of mail-in and electronic voting to your Committee (Committee Report No. 98-93, As Amended). At its meeting, your Committee met with a Deputy Corporation Counsel and the County Clerk. At the meeting, by memoranda, your Committee Chair transmitted: (1) a copy of Section 16-1, Hawaii Revised Statutes ("HRS"), 'Voting systems authorized" and (2) the following articles found on the Internet: • "Mortham Announces Pilot Program for Voting on the Internet" <http://election.dos.state.fl.us/whatsnew/netvotpr.htm>; • 'Voting by Mail, Voting by Phone and Computer" <http://www.auburn.edu/tann/tann2/projecta.html>; and • "Report of the Vote-by-Mail Citizen Commission: Executive Summary" <http://www.sos.state.or.us/executive/vbmcc.study/toc.htm>. Your Committee notes that, according to the information received, the State of Oregon has experienced greatly increased efficiency and voter turnout with the use of vote-by-mail elections in special elections and that a state commission has recommended that Oregon implement vote-by-mail elections for all elections. The County Clerk informed your Committee that HRS Section 16-1 gives the State's chief elections officer the authority to approve the use of electronic-voting systems. Your Committee noted that the Council or the County Clerk could request that the chief elections officer provide such approval at any time. However, your Committee further noted that vote-by-mail elections are not specifically authorized under the Statute. The County Clerk suggested that, if the Council is interested in pursuing vote-by-mail elections for the County, the Legislature be requested to provide the respective county clerks with such COUNCIL OF THE COUNTY OF MAUI COMMITTEE OF THE WHOLE July 17, 1998 Committee Page 2 Report No. 98-115 authority. Your Committee voted to recommend that the Hawaii State Association of Counties (HSAC) Executive Committee be requested to include such proposed legislation in its proposed 1999 HSAC Legislative Package. Your Committee requested that the background information on Oregon's experience with vote-by-mail elections be provided to the HSAC Executive Committee. Your Committee of the Whole RECOMMENDS the following: 1. That the Hawaii State Association of Counties (HSAC) Executive Committee be REQUESTED to include in the proposed 1999 HSAC Legislative Package a bill to authorize the respective county clerks to implement vote-by-mail elections for county elections; 2. That a copy of this committee report and of the State of Oregon's "Report of the Vote-by-Mail Commission: Executive Summary" be TRANSMITTED to the Hawaii State Association of Counties Executive Committee; and 3. That the Miscellaneous Communication dated June 9, 1998, be FILED. Adoption of this report is respectfully requested. C0W:CR:9894aa:dr COUNCIL OF THE COUNTY OF MAUI COMMITTEE OF THE WHOLE July 17, 1998 Committee Page 3 Report No. 98-115 1 l WAYN ISHHQ Chair PATRI KAWANO Member ALAN M. A Vice-Chair ALICE L. LEE Member ~NtN4r J / /~~~1.t~ JAMES O" APANA Member DENNIS Y. NAKAMURA Member , J. KALAXI ENGLISH Member CHARMAINE TAVARES Member SOL P. KAHO'OHALAHALA Member COUNCIL OF THE COUNTY OF MAUI WAILUKU, HAWAII 96793 CERTIFICATION OF ADOPTION It is HEREBY CERTIFIED that COMMITTEE REPORT NO. 98-115 was adopted by the Council of the County of Maui, State of Hawaii, on the 17th day of July, 1998, by the following vote: ftwok 5. Jame. "limo" Alen J. K.lani Sol P. Allca L. Omni. Y. Wayne K. CM1arm.ina MEMBERS KAWANO APANA MZ"WA ENOUSN KANO'ONALANALA LEE NAKAMUNA NISHlM TAVAREs Cher VIO-0Stir ROLL CALL Aye Aye Aye Aye Aye Aye Excused Aye Aye COU TV ERK http.//www. sos. state. o.../vbmcc. study/n,. rtm http:/twww. sos.state.o.. Jvbmcc. studyAnbo. REPORT OF THE VOTE-BY-MAIL CITIZEN COMMISSION September 19, 1996 EXECUTIVE SUMMARY The mission of the Vote-by-Mail Citizen Commission is to analyze and evaluate the administration and impacts of vote-by-mail and its use in primary and general elections and to report and make recommendations to the appropriate bodies. INTRODUCTION in November 1995, Secretary of State Phil Keisling appointed a twelve-member citizen commission to evaluate Oregon's practice of voting by mail. Members represented a cross-section of opinion on the policy of mail-ballot elections and of experience in the public and private sectors. The Commission delineated the issues and areas of inquiry they wished to pursue, identified information sources and gathered previous research and reports on the topic. Oregon's special U.S. Senate elections had generated nation-wide interest. Several political and social science researchers who are studying the special U.S. Senate elections shared their findings with the Commission. Groups and constituencies from around the state provided their opinions and perceptions about vote-by-mail. (See Appendices A, B.)The Commission held eight meetings with the opportunity for public comment. They focused on elections procedures, voter satisfaction and participation in vote-by-mail and polling place elections and the impact of voting methods on campaigns and candidates. Findings and discussions of all these issues culminated in the Commission's conclusion concerning whether the practice of voting by mail should be extended to primary and general elections in Oregon. Previous Paae Next Paae Return to Table of Contents Executive office Home Page VBMCC Report - 9/19/96... ions & Recomn, ations . ittp://www.sos.state.o...bmcc.study/summary.W REPORT OF THE VOTE-BY-MAIL CITIZEN COMMISSION September 19, 1996 EXECUTIVE SUMMARY SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS Oregon citizens have a strong history of public involvement and civic participation and high voter turnouts when compared to national figures. That history and associated values were central in the VBMCC's discussion of voting by mail. Key issues for the Commission were: ¦ Does vote-by-mail increase participation in elections? ¦ Does vote-by-mail pose a threat to citizens sense of civic participation? ¦ Are the possibilities of fraud and undue influence of greater concern in vote-by-mail elections than in polling place elections? ¦ How do the costs of conducting elections differ for polling place elections and vote-by-mail elections? Increasing participation is the primary issue for some members who feel that vote-by-mail has demonstrated an ability to accomplish that. Convenience is the key to participation according to other members. Because it is convenient, they believe voting by mail has demonstrated the potential to increase future participation more than any other method of voting. These Commission members feel if vote-by-mail encourages some to vote who have not voted in the past, then it is increasing the sense of civic participation of those voters. Acknowledging the importance of civic participation to most Oregonians, other members of the Commission believe that casting votes by mail in all elections may diminish sense of civic participation over time. They believe particularly that the concept of acting in concert as voters on one Election Day is important and does more to strengthen representative democracy than voting by mail. These members suggest that either biennial elections or the quadrennial presidential election continue to be held at the polls. However, others felt if biennial or quadrennial polling place elections were maintained, there could be increased confusion caused by sporadically changing methods of voting. They also anticipated greater difficulty in recruiting, training and retaining poll workers over the several years period between polling place elections. To maintain the sense of going to the polling place, one suggestion was to offer a single place in each county where residents could go to a voting booth with their VBM ballots to vote, thereby accommodating those with the strongest feelings on that issue. While it may increase participation, most members feel vote-by-mail does not guarantee the quality of decisions made by voters will be greater than in other methods of conducting elections. Some members believe increasing the voter turnout may help build a stronger society, but that increased turnout needs also to encourage better informed voters. Some suggested that voting by mail may provide greater opportunity to study the issues and candidates for some voters. Another key issue often raised in discussion of vote-by-mail is that of fraud or undue influence. Although news media have often raised concerns about spousal influence and the potential for ballot parties, the Commission strongly believes that evidence indicates no greater incidence of fraud or undue influence in vote-by-mail than in polling place elections. Suggesting that we are in a societal transition which may soon provide other methods of voting, some members believe voting by mail is a stage in a technological revolution - a train we cannot stop. In VBMCC Report - 9119/96... ions 8 Recomm~..uations nttp:/twww.sos.state.o...bmcc.study/summary.titn their minds, vote-by-mail may come to be considered the tradition for younger voters now entering the electorate. These members cite the increasing number of persons who have elected to become permanent absentee voters. In coming to a vote on the issue of the expansion of vote-by-mail elections, members of the Commission concluded that Oregon has a long history of success with vote-by-mail elections. They believe evidence has shown this method of voting to be less expensive and more convenient than polling place elections, as well as the method preferred by a majority of Oregon voters. At the end of their discussion, Commission members agreed to vote on three options: 1) Extend VBM to primary and general elections; 2) Extend to primary and general elections, retaining the quadrennial presidential election as a polling place election; 3) No change from the current system. By a vote' of eight for the first option, two for the second and none for the third, it was concluded that - ¦ The Vote-by-Mail Citizen Commission recommends the extension of vote-by-mail to primary and general elections in Oregon. Previous Page Next Page Return to Table of Contents Executive office Home Page VBMCC Re - 9119/96: Admen ctio. Report of Ele nttp:/Avww.sos.stale.o.../vbmcc.study/admin.htr REPORT OF THE VOTE-BY-MAIL CITIZEN COMMISSION September 19, 1996 EXECUTIVE SUMMARY The Vote-by-Mail Citizen Commission offers specific recommendations regarding Administration of Elections The Commission compared vote-by-mail procedures and polling place procedures to understand the ways in which they may differ. Members considered variations in elections procedures as well as issues of duplicate and replacement ballots, security of the system, and potential for fraud. In order to reduce the problem of duplicate ballots and to improve the efficiency of elections administration, the VBMCC recommends the Secretary of State work with County Elections officials and County Boards of Commissioners to: ¦ Regularly include an insert in ballot mailings that reminds voters of the importance of keeping their registration updated, of what to do if the voter receives more than one ballot, and of the penalties for voting more than one ballot ¦ Initiate the implementation of centralized voter registration. The Commission believes counties should take additional steps to standardize processes and further enhance security to reduce the possibility of fraud and manipulation in the vote-by-mail system. The VBMCC recognizes counties have varying levels of resources for this purpose, but believes that should savings be realized in conducting elections by mail, the County Elections officials and the State Elections Division should: ¦ Effect implementation of more standardized elections procedures among counties by whatever means are available in order to increase the level of security in Vote-by-Mail elections as well as absentee balloting. • Increase the use of technology. ¦ Require party identification to be coded in some manner on outer mail ballot envelopes so that party affiliation is not easily identifiable. VBMCC Report - 9/19196: Admin of Electic,..., http://www.sos.state.o.../vbmcc.study/admin.ht Previous Pave Next Pave Return to Table of Contents Executive office Home Page VBMCC'Report - 9/19/96... action & Particip ntt://www.sos. p state.o...bmcc. study/satpaR.tMir REPORT OF THE VOTE-BY-MAIL CITIZEN COMMISSION September 19, 1996 EXECUTIVE SUMMARY The Vote-by-Mail Citizen Commission offers specific recommendations regarding Voter Satisfaction and Participation The Commission considered what factors apart from those strictly procedural might affect voter participation and satisfaction with the process. In the opinion of Commission members, the evidence seems to indicate that in general, voting by mail has increased turnout in Oregon elections because of its convenience, and that there is evidence to indicate that a majority of Oregonians prefer to vote by mail. Therefore the Vote-by-Mail Citizen Commission: ¦ Supports the continuation of vote-by-mail with the expectation that the increase in voter participation experienced to date will continue. The Commission evaluated evidence concerning how the method of election may influence who votes, or how the demographics of voters may differ in vote-by-mail and polling place elections. According to one report received by the Commission, there can be significant differences in voters from one election to the next. Sample sizes in another study made it difficult to attribute demographic differences in turnout to the method of election. Additional studies on the January 30 election may provide more information; however, citing inconclusive evidence and differences of opinion among Commission members, the VBMCC: ¦ Draws no conclusions concerning how conducting elections by mail affects the demographic composition of the voters in vote-by-mail elections. Although highly mobile voters such as students, migratory workers and homeless people may be more likely to be disenfranchised in vote-by-mail elections, the process of updating voter information through nonforwardable mail (address correction requested) increases the possibilities for the voter to have an opportunity to vote. While emphasizing voter responsibility for keeping County Election offices informed of changes in residence, the VBMCC also: ¦ Recommends that Oregon institutions of higher learning seek ways to encourage voting age students to update their voter registration. ¦ Encourages other social agencies working with highly mobile populations such as migrant families and the homeless to educate them concerning the need to keep VBMCC Report - 9/19/96... action & P rtic a 4 n http://www.sos.state.o...bmcc.study/satpart.htr their voter registration updated. The VBMCC considered whether voter perceptions of the possibilities for fraud and undue influence attributed to vote-by-mail could undermine voter satisfaction with the process and decrease participation. The studies reviewed by the Commission reported little evidence of undue influence. Indeed, the Commission concluded that Oregon's experience with vote-by-mail to date has been remarkably free from reported incidences of fraud and undue influence. Based on lack of evidence to support the concern, voters expressed preference for vote-by-mail and voter turnout, the Commission: ¦ Finds no indication or evidence of greater fraud or undue influence in vote-by-mail elections than in polling place elections. ¦ Believes that the majority of voters have confidence in the system. The Commission acknowledged the many individuals, groups and constituencies who suggested shortening the voting window. Some Commission members suggested that voters might not benefit by the longer window because they lose interest and/or lose their ballots. Other Commission members felt that having the ballot in hand for a longer period afforded more time to consider the pros and cons of the issues and the candidates. Citing in addition the needs of County Elections officials, and balancing these factors with expressed concerns but insufficient data, the Commission: ¦ Finds no compelling reason to change the length of the voting window. In their discussion of the voting window, the Commission also expressed a desire to effect more voted ballots returned on time. Commission members recommend the Oregon Secretary of State and County Election officials ensure that for every election, ballot materials mailed to voters: ¦ Prominently display the date by which the ballot must be received at the County Elections office. Commission members acknowledge citizen concerns whether voting by mail may decrease citizen's sense of civic participation. Some members feel making it convenient to participate may actually increase civic participation and voters sense of responsibility rather than decrease it, particularly among younger voters. Therefore, the Commission: ¦ Reaches no conclusion and makes no recommendation regarding how voting by mail may affect voters sense of civic participation. The Commission understands that there are wide variations in total population and density VBMCC'Report - 9/19/96... action 8 PartidF ntt:/twww.sos.state.o...b P mcc.study/satpart.htrt among Oregon counties and that these factors may have an impact on the conduct of elections. Acknowledging the jurisdiction of Oregon's counties to oversee elections processes, the Commission suggests that because returns indicate drop-sites are important to many Oregon voters: ¦ County Elections officials be encouraged to locate and operate drop-sites for maximum voter convenience as well as cost-effectiveness, publicizing locations and hours. The Commission also discussed how the use of the postmark to validate receipt of the ballot might impact voter participation. Because of concerns for potential delays in ballot counting and in view of the relatively small numbers of late ballots reported, the Commission found no evidence to suggest that use of the return postmark date would effectively increase participation. Therefore, the Commission recommends: ¦ The postmark date to validate receipt of the ballot should not be used. In their discussions, Commission members acknowledged concerns about the cost of postage as a possible barrier to voting in vote-by-mail elections. However, the Commission concluded that all voting methods have costs, therefore, the state's failure to pay postage did not unfairly disadvantage a particular segment of the voting population any more than having to travel to a polling place. Since there are indications that voters do not favor the postage paid option and since costs could be significant, the Commission recommends: ¦ Neither the State of Oregon nor its counties should be required to provide postage for mail ballot returns. Previous Page Next Page Return to Table of Contents executive office Home Page ' VBMCC Report - 9/19/96...Campaigns & C .fates ntt://www. P sos state.o...vbmcc.study(mpact.htr REPORT OF THE VOTE-BY-MAIL CITIZEN COMMISSION September 19, 1996 EXECUTIVE SUMMARY The Vote-by-Mail Citizen Commission offers specific recommendations regarding Impact on Campaigns and Candidates In its review of vote-by-mail elections potential effects on campaigns and candidates, the VBMCC felt that the issues were: the length of the voting window, how campaign dollars might be spent, and the availability of information on who had voted. Members of the Commission felt that the availability of information on who has voted and how it might be used in campaigns was a significant issue, particularly in relation to the length of the voting window. It was noted that although in a polling place election, poll watchers could gather that information from each polling place, it was not available until Election Day. Therefore, Commission members strongly feel that: ¦ Information on individuals who have voted should not be released until Election Day. At the end of its discussions on the impact of voting by mail on campaigns and candidates, the VBMCC: ¦ Found no basis for a recommendation regarding the possible advantages or disadvantages that vote-by-mail elections may have for individual campaigns and candidates. Previous Pace Next Pace Return to Table of Contents Executive office Home Page VBMCC'Report - 9/19/96: Issues for Furtht d y Y /www.sos.state.o...bmcc. study/further.htn REPORT OF THE VOTE-BY-MAIL CITIZEN COMMISSION September 19, 1996 EXECUTIVE SUMMARY The Vote-by-Mail Citizen Commission offers specific recommendations regarding Issues for Further Study issues for Further Study In concluding its work, there remained issues or areas of inquiry the Commission initially thought it would discuss but was unable to pursue either for lack of information or resources. The Commission recommends that these issues receive consideration for future study. ¦ VBM and Participation by Race/Ethnicity Given the overall size of Oregon's ethnic/racial minorities, achieving sample sizes in surveys that provide valid data is difficult, as the Southwell/University of Oregon and Traugott/University of Michigan surveys show. The Commission believes that additional research concerning the effects of vote-by-mail on participation among raciallethnic minorities would be of interest. ¦ VBM and Time Spent Studying Ballot Issues Since voters have their ballots in hand for nearly three weeks, do they spend more time considering the issues and candidates and coming to decisions than they would in a polling place election? Some Commission members felt this to be an issue worthy of study in relation to the length of the voting window. Previous Pace Next Pace Return to Table of Contents Executive office Home Page VBMCG Report - 9/19/96: Summary State IttP /Avww.sos.state.o...mcc.stud /sumstate. Y hB REPORT OF THE VOTE-BY-MAIL CITIZEN COMMISSION September 19, 1996 EXECUTIVE SUMMARY The Vote-by-Mail Citizen Commission offers specific recommendations regarding Summary Statement The members of the Vote-by-Mail Citizen Commission appreciate the opportunity to participate in an evaluation of Oregon's practice of voting by mail, and to consider whether the extension of this practice to all Oregon elections is in the best interests of its citizens. They recognize Oregon citizens strong history of public involvement and civic participation, and submit this report in the hope that however future citizens record their decisions on the issues or candidates before them, Oregonians level of civic participation will continue to enhance their lives. Previous Pace Next Pace Return to Table of Contents Executive Office Home Page n71nwoA 1 i 1A 7T Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii, City & County of Honolulu August 27, 1998 MEMO TO: President Rene Mansho and Members of the Hawaii State Association of Counties (HSAC) Executive Committee F R O M: Dennis Y. Nakamura, HSAC Secretary SUBJECT: 1999 HSAC LEGISLATIVE PACKAGE XY~ As reflected in Committee Report No. 98-115, the Maui County Council ~es requested that a bill to authorize the respective county clerks to implement /'vote-by-MALL elections be considered for inclusion in the 1999 HSAC Legislative ackage. In addition, Maui County Councilmember J. Kalani English is requesting consideration of a bill to clarify legislative bodies' subpoena power.vPlease find attached the following supporting materials relatinJT is proposa : 1. "Councilors told no Steel appearance", The Maui News, April 16, 1997-Newspaper account of Maui County Council's difficulty in having Administration officials appear before Council committees. 2. "Remedies Against Administration", Memorandum to Maui County Councilmember Alan Arakawa from Corporation Counsel J.P. Schmidt, January 12, 1998-Corporation Counsel opinion that "there are no officials who are required" to appear before the Council or its committees when requested to do so. 3. Senate Bill No. 2071 (1998) & House Bill No. 2610 (1998)-Bills introduced in the State Legislature on behalf of the Maui County Council last session to clarify legislative bodies' subpoena power. Memo To HSAC Executive Committee August 27, 1998 Page 2 Finally, Maui County Councilmember Charmaine Tavares and I are requesting consideration of a bill to provide liability relief for county skateboard parks. For your review, please find attached copies of Senate Bill No. 3167 (1998) and House Bill No. 3235 (1998), which were introduced as part of the 1998 HSAC Legislative Package. Those bills would have provided counties with liability relief for injuries arising from "hazardous recreational activities," including skateboarding. Thank you for your consideration of these proposals. Please let me know if you have any questions. ocs: hsac:980826a:dr Attachments v o o s .,.E L S MM~~ SL ~wwm=myO=O~ Cm~tlmn~unCTL~~.YN-Vj ~V? I.L a.3 = 3~Yy2~<wuS3 u$uoc Ct~A='~~= my 3~~ i Ut melt 'o rd~}. ~e°ii 3 EF n.5 o: - '4 a HER a s r u - Z O' J'1 g u-n - gs °a S' "•'e5 ~ U - i mo Z. G -e w a u „ t$$• g c HIS ot WMH e :r.. 00 us 22 If A~ a ° U ~Yy I EEE 5„1 4 KBE T off:' 3~ $ ctsr' O C rrrC y Y U L R w 4 T _T Ilia ~'waCy^rF C~-I ~39Ift3ERaE0 t2 s.-~vYg I a,'nOe mgr.-:4 O' -ACC O e~°F 10 IlRJoil- u's-~--WV 9 Y o ° -17 0 ''L m 77yQ55 g~+ gupp ui- t ciZL .ekes LO L -0.1: low. +1:19, all,-02: vvp: WWnu".na-FYg1-4 wen. *1:18. , -0xL - Ow. w.. +1w.:A1, -0.1 tW-IW © © ~ /1.7 Tz z.FL X1011 Councilors OWTU RM Zhu' few bmtbcM %tm of K~ Laenzomle effective told Steel Qa vas • ~ of ~ two "°llnpA 70 tea, Oeie Pale of Xam and Teresa RWMMDB& udchild of llmoltdu and threes Wont show A f a p 1 t o p ddupoembecumProblem am "pitoef" C all with arty. the study reported Ctlmkataatrom FoW Al of ShWle ShifllEbUku, 91 >vlatty, resent reaarch trr !cased Kahuhd. died Apra u,he cm have an impact m the My~i PeoRw 12,1997. at his red- Shims UhMA 01 91. of Kahj- me it they faau their eHoat m MOM add he weeN abamt the doom hd &M April 14. 1997. at Mwi h coats ads or work to stop.pa tesohmm to the full oeancit far table adepeLa Atdawa armed the VLdmtm wW be Memorial HospitaL times. Was vandalism, a a way to tommimee to lda~md 0 Sam 6 to 9 pm Pd- A fanaal will be herd at 3 pm. td off felonies, bat Depay m Bri. at Banhwick Sanvda at Nakmm The But Iawreaoe W. Sherman, d a P POW could 199%ftuary/Nor- hnily requests asotai ~ that iirman of the dePatmett of aimi- an Mao rid the daft messes bassos not these am'I. "a a sarrlss at 7:30 pm no Rowan be offend. ogy and ai nwal justice at the an Vidadoo wgl comimb from 9 to 11 vanity of Maryland and the lad had bun no public nod- it was an am 3ama a do asorum Mrs. shtmabulot was born June 1. 0or of the spat raid. "The mat tbe cmanm-,'t Namods Y. hen 11 11 am t Good $pa~~ 1905. ill 01®awa Japan droft xr= finding is to we really ~ fie had 4docopd Chum. Bmld w10 Sha is survived by two sans, Ham- i8eamg ~crime.majority A mf*rhood a m Stud sail. under inn law. mt*01- ~~p a ~ low ~ WOJism Kiyoshi) ~(Ciavude) of that ptoblan, Shan said, is soda *a Mai. awsk L.d Angeles: four dsmfbtas. Me Congress bas haver indsad an Mr aft a was boon As& 118 Noise") ~y~i of Okinawa same kind of adedfie evduatim 9 C7terrr a h?vaadpsa many iy74 its Da was Bacot Nms4 lha Pasty MOtOm Qlasman) Nalo,mura time won Promos t!an st said .that if tlis coma PhMppiosa. He bdmged to the Until- of Yahtthn. Mason Nobuko ainbac) for at=PK in teetto f naw didn't one sufficient ilfamUdM 10 ad Haeassios K Masi and Seam! 1Bµ a s both of HonolWu; two) 93. 14 of&W add whiles it is tikes meta a dacLdM sbmtacyalbst pia - B91s oavlvad by his wife. lore- binnhus, Nebo and Ship Kiyaba, I research that violet aims is it tzald el~o+Oe Am do. a saes Asher (Chbk two danfh sad a slim Yams Scuba, all of ,ily concemaso l in a few a[au ~pnad onsaw~pad recycHot tats. BdYt Sapyap and Mayan lI I M ad 12 atandchi]dten and auger odes, most members of Thera civil -,crones astr9' 1 wo M Mom imdar) Calsz a0 d Kahn- Oar' - yer vose to speed am the tom bat mad std nortass t6dr jobs t fight crime so more d'isaiiat ate . ; rid be wane aommnha0 t?T sled iry and coopeatlmin ~f bias- CORRECTIONS maser's l at t sesbtay Natl. Due to ma . from *0 sdmbdsuui o: iocaerett infmmadm IW by the i ' es itbe half Of an M n tha~IJmosddSSates xae ..If or dont~etaoopa~• Imoo.,I man JIU M MIMMktp. The wmog xcbool.dithee llstd"rader s oa...ewas .1 a.. , not oa published Ie'63 largest codes. which have OOm ;_aDfd° oearpadon .as now for aocand Sunday an Pup M. To be an the Headmaster's 16 percent of the radon's pope, ~~~s Ri d`Arb ~ arseher Rdwad Gown in an a, Even within then tied% said direams, deputies and dude ashler Tnadmy an Page A3. He is a Inst. strdma must can a grade. of 3.7 or better. racip idda arc heavily cmcenv:md cWeb ttasodly 11 1 the admta- hors psosa, atoadbtg to police pain Few neighborhoods isvadoo blocs that ooondl Empby- E sobtay kmttor toe. Mails lu Mad Newt spolopoes for the ea don't usually so before the oil- Omhsm is an the di dqutoe HU& sasses. Whoi- Jng settlement cl Q nN on to regdite ore nicotine kv- t,~°;m, State wants help for teachers clgaara m make dim ten TM r.gcft ptspant &a 0a seam " fall me that commy . sad He" C&Wrwad hem fte Al live, said a govemmmt official wbo cbarsesel s drdt cm ahradaa aaabont, Lilo: reducing class stye spoke on condition of a ocymii taoWdm o m For srtoe that dmands d Cad R assistance to fill ow gay pby*d and Case management R- e tobacco compawaslare a ggpt on this ppm*ukr iw^ 1 be disabilities ate one lb* am p k ~ spacial ad stttdenis aptly against my suet forme acid _ DOE somber Goriest Tofndn. ~ we less early to the tae than in- ,trian English trod his Proposed resold- aflhsspecidtlttavomimsa. addnf pay for special education s current . regulations, the tied was aahha an "ambW' nor faa a m 37f seaeoers in Hawaii taaehers who-, sWdes sort at about said r bough that companies have In an memgst m oat a fight, He sad the who ate Out" for specid o*MW S73A00 aYar• b ugh the mohman was *OAd &W a break rim trchas in Hawaii but who education teachers Ift aalits est is a mark toad that - &=g a ln Mnft smsim wbm tarp m retie Assaoams at we* P ame scan regular ciassao0t jcn~ mdic m stud would not ap• r aidr.7o~a sad. teaches t, and tacker anon offlciWs stlemevt d the Una one they have k Mar pow be foss timed members. Camis Kdima was a spacial ad my tot's the way it sbmtld be. Jcom engiansno- id -di--e merle fa toes yaws, but left wbm Re g the workload of spe4isl Flash said there s no way be sir was gives a class of 23 sadasm, edaoaion tremors is the key to cc~d- keeping them on the job. se include giving she PDA ref- wood anew Std 0 Scat an =Fee- all of whom had dtRamc omottat, ry and so rights, lerrntoj an outdoor t+P°`C00~0a p11ytFtalsad dirbilkMa sadJosmHowd.cwnegodarhr a advetismf ateh at Joa This matdstf Jestcb sad be 1 told ibsn It h 10 d0 the HSTA billboards, and ceasing to on would dralta leer m tb a mmimr. s11h job and do it adeguawly n asset "Thasys m oat to ® I tamd 4.9 n of people is ads. such as the askiuf for a wrote HA of se qae' the ehrildreas' seeds." Kobe sand, need to atppntt tnrLas all along go so him - rims about reeycliZI& - sod. "If 111 was too I was htdda than other way wbo deal whb special eduction solved mass =M still tint there's somesbM in bellow 11111 pnph. Wt F o W be in same phut mtdms." H»sted said. "We're not :s, etch a vMtha Caotea only Haus can answer. sha'1l be *m whoa k'a wane. I will r.: - po convinced the depamemt has move! approve the dal. (befen conned snaaoes)••-'. back an specW edtrtm'u • `•:s in the dimaim. N ~ or LINDA LINGLE • • J. P. SCHMIDT MAYOR CORPORATION COUNSEL tit i Hril DEPARTMENT OF THE CORPORATION COUNSEL COUNTY OF MAUI 200 SOUTH HIGH STREET WAILUKU. MAUI. HAWAII 96793 TELEPHONE (606) 243.7740 • FAX (806) 243-7152 January 12, 1998 MEMO TO: Honorable Alan Arakawa, Council member Committee of the Whole F R O M: J. P. SCHMIDT, Corporation Counsel., SUBJECT: Remedies Against Administration This memo is in response to your memo of October 13, 1997, asking three questions regarding remedies against the administration for misleading information. 1. What are the Council's remedies against the Administration for deliberate misinformation? Corporation Counsel Opinion 94-5 authored by Guy Haywood addresses this particular question and we agree with the position in that opinion. Corporation Counsel Opinion 94-5 states: "You then asked about Council's remedies for misleading or inaccurate information disseminated by Administration officials. Council has power, as stated above, to conduct investigations as to the operation of any department. If a department is regularly making misleading or inaccurate statements that reflect on the operation of the department, Council could investigate that matter. However, Council has no additional powers to control or otherwise discipline members of the administrative branch of the government. If such activities occur, there may be violations of the Code of Ethics or claims could be made in the political arena. Otherwise, I find no specific powers given to the Council to discipline members of the administration." On a related question in Corporation Counsel Opinion 94- 5, Mr. Haywood takes position that we believe must now be modified. Mr. Haywood states, "If the Council decides to conduct an investigation and the investigation requires the attendance of either Pnraea on re iea peaer ' Honorable Alan Arakawa, Councilmember January 13, 1998 Page 2 an elected or appointed official, those officials would be required to attend pursuant to HRS § 78-9." However, HRS § 78-9 only applies to officials who are required to take a loyalty oath in accordance with Chapter 85 of the Hawaii Revised Statutes. Chapter 85 of the Hawaii Revised Statutes relating to loyalty oaths was repealed in 1993. Therefore. there are no officials who are required by Chanter 85 to take a lovalty oath an t ere ore. HRS G 78-9 does nor_ anZ'l~o anvone and in essence is a nullity. 2. what type of remedial action may the Council take if it relied on false or misleading information provided by the Administration in making a decision and approving or granting the Administration authority to act? As stated, in the answer to question no. 1 above, and in Corporation Counsel Opinion 94-5, the Council's remedy against Administrative officials is primarily in the Code of Ethics or in the political arena. Council may wish to enact a law which changes the prior decision. However, generally that law would be effective only from the date that it was enacted. A "legislative act" predetermines what the law will be for fllrllLe cases. Life of the land v. City Council, 61 Haw. 390. Anyone who acted in reliance on the prior decision or actions of the Administration would probably be allowed to continue in accordance with that prior decision or action since there are constitutional restrictions on the ability of Council to pass laws that might be retroactive or impair the validity of contracts. Being a right vested by ordinance, subsequent enactments will not be read as operating retrospectively to destroy or impair it unless the language employed imperatively requires a contrary construction. In Re Cosmopolitan Hotel, 37 Haw. 611. If in fact the law is intended to act retrospectively, it can only be explanatory of statutes or declaratory of the common law. Brewster v. Gage, 280 US 327. 3. Can the Council revisit an issue and rescind it's decision if it relied on false or misleading information provided by the Administration? Generally speaking, the Council may always reconsider an action prior to the end of the meeting wherein the action was taken. Council may also rescind prior acts and votes at any subsequent time until the act or vote is complete and has been carried out. Regarding motions to reconsider, subsequent to the DARYL T. YA MAMOTO ROY T YIFA~a, County C16 0t Deputy County CI OFFICE OF THE COUNTY CLERK COUNTY OF MAUI 200 SOUTH HIGH STREET WAILUKU, HAWAII 96M May 23, 1994 MEMO TO: Guy Haywood, Corporation Counsel F R O M: Daryl T. Yamamoto, County Clerk 4 SUBJECT: LEGAL OPINION REQUEST (CC 94-1421 During its discussion of County Communication No. 94-142 at its meeting of May 20, 1994, the Council requested a legal opinion on the following: 1. How can the Administration officials be compelled to attend a Council/Committee meeting? 2. What can the Council do- about misleading or inaccurate information disseminated by Administration officials? Since County Communication No. 94-142 was referred to the Committee of the Whole, please transmit your response directly to the Committee. Please feel free to contact me if you have any questions on this matter. CC94/142:DTY/f xC: Council Chair Chair, Committee of the Whole Director of Council Services The Honorable Goro Hokama, Chair June 22, 1994 Page 2 when conducting any hearing or inquiry allowed by law, to require the attendance of elected or appointed officers. We support that conclusion. The language of Charter Section 3-6.3 speaks of "investigations" and HRS § 76-9 applies to "hearings" or "inquiries." These appear to be formal proceedings, more than simple requests to answer questions. Council should vote to conduct a formal hearing on a specific subject and then request witnesses to attend. you then asked about Council's remedies for misleading or inaccurate information disseminated by Administration officials. Council has power, as stated above, to conduct investigations as to the operation of any department. If a department is regularly making misleading or inaccurate statements that reflect on the operation of the department, council could investigate that matter. However, council has no additional powers to control or otherwise discipline members of the administrative branch of government. If such activities occur, there may be violations of the Code of Ethics or claims could be made in the political arena. Otherwise, I find no specific powers given to the Council to discipline members of the Administration. If you have any questions or comments, please feel free to contact me. Sincerely yours, DEPARTMENT OF CORPORATION COUNSEL G HAYWOOD Corporation Counsel GAH:1c Attachment 94-5 LINDA CROCKETT LINGLE GUY A. HAYWOC J`r x Mayor +r w~~' Corporation Couns s DEPARTMENT OF n1E CORPORATION COUNSEL COUNTY OF MAUI 200 SOUTH HIGH STREET WAILUKU. MAUI. HAWAII 96793 TELEPHONE: 0606) 243-7740 June 22, 1994 The Honorable Goro Hokama, Chair Committee of the Whole Maui County Council 200 South High Street Wailuku, Maui, Hawaii 96793 Re: Legal Opinion Request (CC94-142) Dear Mr. Hokama: By way of a letter dated May 23, 1994, County Clerk Daryl Yamamoto requested that I provide a legal opinion on two questions and refer my response directly to your committee. The questions are as follows: 1. How can Administration officials be compelled to attend a Council/Committee meeting? 2. what can the Council do about misleading or inaccurate information disseminated by Administration officials? In response to your first question, the Council has the power to conduct investigations of the operation of any department or function of the County. (See Charter Section 3-6.3) However, Charter Section 3-8.2 requires the Council, except in the above case, to deal with County employees or County officials solely through the Mayor. If the council decides to conduct an investigation and the investigation requires the attendance of either an elected or appointed official, those officials would be required to attend pursuant to HRS 5 78-9. Council's authority to compel attendance of witnesses was addressed in Corporation Counsel Opinion 80-20, attached hereto. That Opinion concludes the Council has no specific subpoena powers, but the provisions of HRS Section 78-9 gives the County Council, 94-5 RmUE On gCrc MC oqn _ Honorable Alan Arakawa, Councilmember January 13, 1998 Page 3 meeting at which action was taken, the Hawaii Supreme Court has stated that there must be an express or inferred statutory basis for a body to initiate reconsideration of a prior final decision. Yamada v. Natural Disaster claims commission, 54 Haw. 621 (1973). There is no express or implied provision in the Charter or county ordinances that provide for reconsideration of a decision. In addition, the Yana court stated that the principles of equitable estoppel are fully applicable against the government. "One evoking equitable estoppel must show that he or she has detrimentally relied on the representation or conduct of the person sought to be estopped and that such reliance was reasonable. Waugh v. University of Hawaii, 63 Haw. 117 (1980). In the case of County of Kauai v. Pacific! Standard T,ifp Insurance Comnanv, 65 Haw. 318 (1982) (commonly known as the "Nukolii" case), the Supreme Court reviewed what constitutes reasonable reliance. In the Nukolii case, the Court found that individuals could not reasonably rely on official assurances because they still had discretionary permits to obtain. If the Council decision or the administrative action sets up a process which entails further discretionary approval, Council may reconsider its action (if allowed by law) and those individuals who are still seeking further discretionary approvals may not claim equitable estoppel and may be barred from continuing. However, if Council reconsiders its action those who have reasonably relied on that action to their detriment could claim equitable estoppel. Because your questions are of a general nature regarding Council's remedies and right to remedial action or reconsideration, my answer also refers to general legal principles. Often these matters are very dependent on the specific facts involved, particularly when considering instances of equitable estoppel. If you have a specific matter that you are concerned about, please let me know and I will be happy to advise you on the application of these general principles to the specific facts. If you have any further questions, please do not hesitate to contact me. JPS.ko Enclosures s:\clerical\kao\co=cil\mem\remedy THE SENATE V ,B , 0,20071 NINETEENTH LEGISLATURE, 1998 \ STATE OF HAWAII JAN 21 1998 A BILL FOR AN ACT RELATING TO PUBLIC SERVICE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 78-8, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "378-8 Persons subject to sections 78-8 to 78-11. The 4 persons subject to sections 78-8 to 78-11 are those elected to or 5 appointed or employed in the government of the State or any 6 county, or in any political subdivision thereof, or appointed to 7 or employed in any office or employment any part of the 8 compensation of which is paid out of public funds[, and who are 9 required to take and subscribe a loyalty oath or affirmation 10 pursuant to chapter 85. All persons exempted from the llrequirements of chapter 85 are and shall be exempted from 12 sections 78-8 to 78-111." 13 SECTION 2. Section 78-9, Hawaii Revised Statutes, is 14 amended to read as follows: 15 "578-9 Failure to appear or testify, termination of 16 employment. If any person subject to sections 78-8 to 78-11, 17after lawful notice or process, wilfully refuses or fails to 18 appear before any court or judge, any legislative committee, or 19 any officer, board, commission, or other body [authorized to 1998-0167 SB SMA MCC-4 Page 2 S H , N O,10011 Iconduct any hearing or inquiry], or having appeared refuses to 2 testify or to answer any question regarding (1) the government, 3 property or affairs of the State or of any political subdivision 4 thereof, or (2) the person's qualifications for public office or 5 employment [(including matters pertaining to loyalty or 6 disloyalty)], or (3) the qualifications of any officer or 7 employee of the State or any political subdivision thereof, on 8the ground that the person's answer would tend to incriminate the 9 person, or refuses to testify or to answer any such question 10 without right, the person's term or tenure of office or H employment shall terminate and the office or employment shall be 12 vacant, and the person shall not be eligible to election or 13 appointment to any office or employment under the State or any 14 political subdivision thereof. To the extent that the State is 15 without authority to require, under the constitution or laws of 16the United States, compliance by any public officer or public 17 employee herewith, sections 78-8 to 78-11 shall not apply to the 18 officer or employee, but the sections shall apply to the extent 19 that they or any part thereof can lawfully be made applicable." 20 SECTION 3. Statutory material to be repealed is bracketed. 21 SECTION 4. This Act shall take effect upon its approval. 22 ,r \ 23 INTRODUCED BY : u 8v Reoues+ ) 1998-0167 SB SMA MCC-4 REPORT TITLE: Public Emp/Hearing Appearance DESCRIPTION: Deletes reference to repealed chapter 85, HRS, relating to loyalty from sections 78-8 and 78-9; deletes from section 78-9, a phrase that has been interpreted as limiting legislative bodies' subpoena power. 1998-0167 SB SMA MCC-4 HOUSE OF REPRESENTATIVES H, B, NO, 61 V 10 NINETEENTH LEGISLATURE, 1998 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PUBLIC SERVICE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: I SECTION 1. Section 78-8, Hawaii Revised Statutes, is 2 amended to read as follows: 3 11578-8. Persons subject to sections 78-8 to 78-11. The 4 persons subject to sections 78-8 to 78-11 are those elected to or 5 appointed or employed in the government of the State or any 6 county, or in any political subdivision thereof, or appointed to 7 or employed in any office or employment any part of the 8 compensation of which is paid out of public funds(, and who are 9 required to take and subscribe a loyalty oath or affirmation 10 pursuant to chapter 85. All persons exempted from the 11requirements of chapter 85 are and shall be exempted from 12 sections 78-8 to 78-11]." 13 SECTION 2. Section 78-9, Hawaii Revised Statutes, is 14 amended to read as follows: 15 "578-9. Failure to appear or testify, termination of % employment. If any person subject to sections 78-8 to 78-11, 17 after lawful notice or process, wilfully refuses or fails to 18 appear before any court or judge, any legislative committee, or 19 any officer, board, commission, or other body (authorized to 20 conduct any hearing or inquiry], or having appeared refuses to HB MCC 3604 (C) Paget H . B . NO . Allo 1 testify or to answer any question regarding (1) the government, 2property or affairs of the State or of any political subdivision 3 thereof, or (2) the person' s qualifications for public office or 4 employment [ (including matters pertaining to loyalty or 5 disloyalty) ] , or (3 ) the qualifications of any officer or 6 employee of the State or any political subdivision thereof, on 7the ground that the person' s answer would tend to incriminate the 8 person, or refuses to testify or to answer any such question 9without right, the person' s term or tenure of office or 10 employment shall terminate and the office or employment shall be llvacant, and the person shall not be eligible to election or 12 appointment to any office or employment under the State or any 13 political subdivision thereof . To the extent that the State is 14 without authority to require, under the constitution or laws of 15 the United States, compliance by any public officer or public 16 employee herewith, sections 78-8 to 78-11 shall not apply to the 17 officer or employee, but the sections shall apply to the extent 18 that they or any part thereof can lawfully be made applicable. " 19 SECTION 3 . Statutory material to be repealed is bracketed. 20 New statutory material is underscored. 21 SECTION 4 . This Act shall take effect upon its approval . 22 23 INTRODUCED BY: 444 .4* klAN 2 3. 1998 HB MCC 3604 (C) h.8. Nv. u,o REPORT TITLE: Public service DESCRIPTION: Repeals the loyalty oath or affirmation requirement by elected, appointed, or other employed state or county employees. Broadens the terms under which a public service employee may be terminated. AB MCC 3604 (C) THE SENATE V,B, N O, 3 1 461 NINETEENTH LEGISLATURE, 1998 STATE OF HAWAII JAN 2 9 1998 A BILL FOR AN ACT RELATING TO COUNTY LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended 2 by adding a new section to be appropriately designated and to 3 read as follows: 4 "546- Counties' liability limited for hazardous 5 recreational activities. 6 In a claim by a person against a county alleging personal 7 injury or death that occurred with the person was participating sin a hazardous recreational activity on county-owned or 9 controlled property, the county shall be liable only if the 10 injury or death occurred as a direct result of the county's: 11 (1) Failure to warn when: 12 (A) The county had actual knowledge of a physically 13 hazardous condition, sufficient time to warn 14 against the condition, and failed to do so; and 15 (B) When the physically hazardous condition was not 16 known to the person and would not have been known 17 to a reasonably prudent person participating in 1g the same hazardous recreational activity; 19 (2) Gross negligence; SB SAC 3869 (D) r Paget S.B. NO, 3 1467 1 (3) Recklessness; or 2 (4) Wilful, wanton, or deliberate conduct. 3 For the purposes of this section, hazardous recreational 4 activities include motorized vehicle racing, mountain bicycling, Shang gliding, archery, pistol or rifle shooting, surfing, 6 waterskiing, rock climbing, skateboarding, or other similar 7 activities." 8 SECTION 2. This Act does not affect rights and duties that 9 matured, penalties that were incurred, and proceedings that were 16 begun, before its effective date. 11 SECTION 3. New statutory material is underscored. 12 SECTION 4. This Act shall take effect upon its approval. 13 14 INTRODUCED BY : ~J n~J By Reques SB SAC 3869 (D) REPORT TITLE: County liability DESCRIPTION: Gives limited liability to the counties for hazardous recreational activities. SB SAC 3869 (D) HOUSE OF REPRESENTATIVES H, B, N O, 3 Z35 NINETEENTH LEGISLATURE, 1998 STATE OF HAWAII A BILL FOR AN ACT RELATING TO COMM LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended 2 by adding a new section to be appropriately designated and to 3 read as follows: 4 "546- Counties' liability limited for hazardous 5 recreational activities. 6 In a claim by a person against a county alleging personal 7 injury or death that occurred with the person was participating sin a hazardous recreational activity on county-owned or 9 controlled property, the county shall be liable only if the 10 injury or death occurred as a direct result of the county's: 11 (1) Failure to warn when: 12 (A) The county had actual knowledge of a physically 13 hazardous condition, sufficient time to warn 14 against the condition, and failed to do so; and 15 (B) When the physically hazardous condition was not 16 known to the person and would not have been known 17 to a reasonably prudent person participating in 1g the same hazardous recreational activity; 19 (2) Gross negligence; HB SAC 3869 (D) Y Paget H,B, NO. 3236 1 (3) Recklessness; or 2 (4) Wilful, wanton, or deliberate conduct. 3 For the purposes of this section, hazardous recreational 4 activities include motorized vehicle racing, mountain bicycling, 5 hang gliding, archery, pistol or rifle shooting, surfing, 6 waterskiing, rock climbing, skateboarding, or other similar 7 activities." 8 SECTION 2. This Act does not affect rights and duties that 9 matured, penalties that were incurred, and proceedings that were 10 begun, before its effective date. 11 SECTION 3. New statutory material is underscored. 12 SECTION 4. This Act shall take effect upon its approval. 13 14 INTRODUCED B e~p JAN 2 9 1998 HE SAC 3869 (D) FI 3235 REPORT TITLE: County liability DESCRIPTION: Gives limited liability to the counties for hazardous recreational activities. FIB SAC 3869 (D) Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii. City &County of Honolulu 530 South King Street Ph: (808) 547-7001 Honolulu, Hawaii 96813 Fax: (808) 566-1184 E-mail: rmansho@gold.chem.hawaii.edu 6QE~_ D~' August 13, 1998 TO: MEMBERS, EXECUTIVE COMMITTEE HAWAII STATE ASSOCIATION OF COUNTIES FROM: RENE MANSHO, PRESIDENT Oa4,-- 0 HAWAII STATE ASSOCIATION OF COUNTIES SUBJECT: 1999 HSAC LEGISLATIVE MATTERS Please find attached a draft 1999 HSAC Legislative Program Policy Statement that is based on the Policy Statement adopted by HSAC for the 1998 legislative session. The HSAC Executive Committee must officially approve the Statement. Please ask your Council to take appropriate action on this item. Please also find attached a 1999 HSAC Legislative Program Schedule. The Schedule is presented for information only. No action by the Executive Committee is required. Please also begin the solicitation of proposals from your Council for the 1999 Legislative Package. Your cooperation would be much appreciated. I look forward to seeing you at the August 27, 1998, Executive Committee Meeting. Attachments 0 1999 HSAC Legislative Program Policy statement The Hawaii State Association of Counties (HSAC) shall be guided by the following policies during the 1999 legislative session: 1. The Executive Committee shall determine the strategy for HSAC's efforts before the legislature. 2. An HSAC officer or designee shall testify before the Legislature on proposals in the 1999 HSAC Legislative Package. 1999 HSAC Legislative Program Schedule August/Sept. 1998 1. Solicit Proposals for inclusion in the 1999 HSAC Legislative Package. 2. Transmit the 1999 HSAC Legislative Program Policy Statement to the councils for review and approval. 3. Notify the councils of the 1999 HSAC Legislative Program Schedule. September 1998 1. Councils gather proposals for 1999 Package. Councils transmit proposals to the Executive committee. 2. Councils review the 1999 Legislative Program Policy Statement. October 1998 1. Executive Committee receives proposals for 1999 package from councils. Executive Committee transmits proposals to all councils for review and approval. 2. Executive Committee receives comments on 1999 Policy Statement. If necessary, Executive Committee revises Policy Statement and transmits to councils. November 1998 1. Councils approve proposals for 1999 Legislative Package. 2. Councils approve 1999 Policy Statement. December 1998 1. Executive Committee recommends 1999 Legislative Package and Policy Statement to General Membership. 2. General Membership reviews and approves 1999 Legislative Package and Policy Statement. January 1999 1. President causes new proposals in 1999 Legislative Package to be introduced. 2. Staff prepares testimonies on Package proposals. Jan. -April 1999 1. Monitor Package proposals and other measures, testify as necessary, and provide status after bill movement deadlines. Benefits of a County Based Franchise Authority Presentation to IISA( 8/27/98 Jell Uarland 11.0. Box 1292 Kailua, Iil 96734 Phone & Fax: (808) 239-8842 digitaleye(ah i. net hup://hpam. hi. net/ I With the rapid advancemen. new technologies, it is past d f rapid pa due or c,- dies to Icarn how to n"'oUalc and implement their own franchise agreements. Counties will develop practical expertise in regulating communication companies that utilize the public rights-of-way. This will lead to better land use and zofting decisions affecting a wide array of companies, including telecommunication companies constructing fiber optic networks, wireless antennae siting, etc. This expertise will help counties to develop their own infrastructure for public safety networks (police, fire, emergency, civil defense, etc ) and practical applications that will benefit their use of information technology. 2) Putting franchise authority in the County where the Cable Companies do business, money stays nn community where collected allowing for more local autonomy for access centers . 3) HSAC meets on all Neighbor Islands (vs. Leg only on Oahu) facilitating more "grassroots" involvement in the democratic process. 4) Local Community concerns on access issues can be dealt with at local council meetings 5) As KHLT plans on merging with 'Olelo and streamlining their operation by resource sharing with 'Olelo and ousting the union, they will be able to survive on less, thus the funding now taken frorn neighbor islands for KRET, that never come back into the community as jobs like on Oahu, can stay n-, the communities where they are collected and provide employment and financial strength. 6) Franchise Authority will be more accessible to citizens, access centers, local government and educational institutions and save money on tong distance communications. 7) Councils can help facilitate growth of knowledge in the medias in their own communities 8) Facilitate more direct, dependable support for schools and community colleges. 9) More equitable distribution of funds. 10) Most access centers across the nation use the City/County franchise authority model, only four are State controlled. 11) Some meetings could be held via video-conferencing between neighbor Islands thus creating an archive for future reference, unlike Statewide planning meetings in the past who's minutes went unrecorded. Would also save on transportation expenses. 12) Help local communities to expand their infrastructure to facilitate those areas that have yet to receive up to date phone service or cable connections. 13) Give the Counties the power to pool their own resources to help facilitate the expansion of the infrastructure such as using prisoners from city/county jails. 14) With the need for mass storage of Electronic Information growing at a rapid pace, counties could develop and implement plans for storing county information and developing ways to make it readily accessible to the public