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HomeMy WebLinkAboutCOM 1550.000 2006-2008 M r 1, BOBJACOBSON Councilmember Chair, Environmental Management Committee Vice-Chair, Finance Committee HAWAII COUNTY COUNCIL ; . County of Hawai `i ` 333 Kilauea Avenue, Second Floor', ! Ben Franklin Building, Hilo, Hawaii 96720 Mailing Address: 25 Aupuni Street, Suite 200 Phone: (808) 961-8263 3* -,t Fax: (808) 961-8911 E-Mail: bjacobsonCco.hawaii.hi.us o October 23, 2008 ? a LZ Pete Hoffmann, Chair Hawaii County Council r , Re: Hawaii State Association of Counties Executive Committee Meeting October 20, 2008 Aloha Pete, On Monday, October 20, 2008, I attended the Hawaii State Association of Counties (HSAC) Executive Committee Meeting with my legislative assistant in Honolulu. I have attached for your review copies of the follow documents that were discussed at the meeting: • HSAC Executive Committee Meeting Agenda; Monday, October 20, 2008 • September 26, 2008, HSAC Executive Committee Meeting Minutes • Memorandum dated October 1, 2008, from Mel Rapozo, HSAC President, transmitting proposals for inclusion in the 2009 Hawaii State Association of Counties (HSAC) Legislative Package • Resolution in support of the Hawaiian Monk Seal • Communication from Roy T. Hiraga, Maui County Clerk, to Mel Rapozo, HSAC President, dated September 24, 2008 transmitting Committee Report No. 08-111 • Communication from Denise De Costa, Honolulu City Clerk, to Mel Rapozo, HSAC President, dated September 26, 2008 • Communication from Council Administrative Support Services, to Mel Rapozo, HSAC President, dated October 6, 2008 Thank you for allowing me to continue to serve in this capacity. Comm, No.-~~-~ 0 Ref. To: YW 1 Ref. Date T 2 3 2008 District 6 - Upper Puna, Ka'q, and South Kona Hawai'i County Is An Equal Opportunity Provider And Employer Hawaii State.Association of Counties q Counties of Kauai, Maui, Hawaii and City and County of Honolulu P AGENDA HSAC EXECUTIVE COMMITTEE MEETING Monday, October 20, 2008 1:00 P.M. Committee Meeting Room Honolulu Hale Honolulu, Hawaii 1. CALL TO ORDER II. MINUTES Minutes of the September 26, 2008 Executive Committee Meeting, submitted by the,HSAC Secretary. III. REPORTS A, County Reports.' 1. Maui County Report. 2. Hawai'i County Report. 3. City and County of Honolulu Report. " 4. Kaua'i County Report. B. National Association of Counties (NACo) Report. C. Western Interstate Region (WIR) Report. IV. UNFINISHED BUSINESS A. 2009 HSAC Legislative Package s' Communication dated October 1, 2008 from HSAC President to the HSAC Executive Committee transmitting eight (8) draft legislative_ proposals for the individual County Councils consideration and approval as part of the 2009 HSAC Legislative Package. 1. HAWAI'I COUNTY COUNCIL (Approved on September 10, 2008) a. A BILL FOR AN ACT RELATING TO PRODUCT BRANDING AND LABELING • 3O HSAC Executive Committee Agenda Page 2 b. A BILL FOR AN ACT RELATING TO THE PUBLIC UTILITIES COMMISSION 2. MAUI COUNTY COUNCIL (Approved on September 23, 2008) The following 3 proposals were included as part of the 2008 HSAC Legislative Package, however, none of them passed. a. A BILL FOR AN ACT RELATING TO HOUSING b. A BILL FOR AN ACT RELATING TO PROCUREMENT C. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS 3. CITY & COUNTY OF HONOLULU (Approved on September 24, 2008) a. A CONCURRENT RESOLUTION URGING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO ASSIST THE COUNTIES IN NEGOTIATING AGREEMENTS WITH PEG ACCESS ORGANIZATIONS FOR A PORTION OF CABLE FRANCHISE FEES b. A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES C. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS (Similar measure to proposal listed in Section IV. 2.c. submitted by Maui). IV. NEW BUSINESS A. HSAC Draft Resolution In Support of the Recovery of the Hawai'i State Mammal, the Critically Endangered Endemic Hawaiian Monk Seal. B. Correspondence dated September 24, 2008 from Maui County Clerk, transmitting a copy of Committee Report No. 08-111, adopted by the Maui County Council at its meeting on September 23, 2008 relating to matters involving the Hawaii State Association of Counties 2009 HSAC Legislative Package proposals. C. Correspondence dated September 26, 2008 from Honolulu City Clerk, transmitting legislation that was adopted by the Council of the City and County of Honolulu at its meeting on September 24, 2008 as follows: HSAC Executive Committee Agenda Page 3 1. Resolution 08-183, D1, urging the Hawai'i State Legislature to appropriately amend the Hawai'i Revised Statutes to require that nomination papers for elective office be obtained at least 24 hours prior to the filing deadline. 2. Resolution 08-184, relating to the inclusion in the 2009 HSAC Legislative Package of a proposal transferring a portion of the fines and forfeitures from uncontested traffic infractions to the counties. 3. Resolution 08-201, relating to the inclusion in the 2009 HSAC Legislative Package of a proposal providing the counties the authority to conduct criminal history record checks on taxicab drivers and applicants for taxicab driver's certificates. 4. Resolution 08-206, FD1, relating to the inclusion in the 2009 HSAC Legislative Package of a resolution relating to cable tv public access programming. D. Correspondence dated October 6, 2008 from Honolulu City Council Fiscal Officer, transmitting the net proceeds in the amount of $7,234.37 from the HSAC 2008 Annual Conference hosted by the Honolulu City Council in June 2008 and a fiscal report. VI. ANNOUNCEMENTS A. Next meeting is scheduled for Monday, November 24, 2008 - 10 a.m. in the Honolulu City Council Committee Room. B. Other announcements. VII. ADJOURNMENT Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu MINUTES HSAC EXECUTIVE COMMITTEE MEETING September 26, 2008 Council Committee Room, Honolulu Hale Honolulu, Hawaii I. CALL TO ORDER The HSAC Executive Comnlttfee was called to order by President Mel Rapozo at 10:05 a.m. The following memes comprised a quorum: County of Kauai: President Mef Rapozo County of Hawaii: Vice President;Bob Jacobson City and County of Honolulu: Secretary Nestor Gaebfg , r___ County of Maui: Treasurer Joseph Pontahilla Others present: Maui Council Chair G. Riki Hokarta', Hawaii Staff Barbara Lively Honolulu Staff Gavin Kennedy, r Honolulu Staff Darrell Young Maui Staff Gayle Revels r MCBI Program Director Keiko Buttc r f _ _s. II. MINUTES - The minutes of the August 25, 2008, Executive Committee meeting were approved as circulated. jr OCS/100708/04:29/HM III. REPORTS A. Treasurer's Report The following Treasurer's report was approved: 1. Report for August 2008, submitted by the HSAC treasurer, by correspondence dated September 16, 2008, for the fiscal period of August 1 through 31, 2008. B. County Reports 1. Maui County Report. Treasurer Pontanilla reported that a council committee approved a new water conservation ordinance and the proposal is currently under review by the Board of Water Supply. The council also continues to work on the bed and breakfast/TVR ordinance to present to the General Plan Advisory Committee for review. The council has also provided a transportation subsidy for workers residing on Molokai and Lanai who work in west Maui. 2. Hawaii County Report. Vice President Jacobson reported that due to the recent council election results changes will be made in HSAC executive committee representation from Hawaii County in the near future. The Hawaii county mayor vetoed the council's plastic bag ban bill and the council is considering amendments to the proposal to gain approval. The county also held a successful conference on "zero-waste' solutions to solid waste issues. Vice President Jacobson also informed the executive committee that the council's GMO ban passed first reading and if other counties consider GMO bans they should expect a large level of community interest. He also reported that Hawaii county successfully began its NACo- sponsored prescription drug program. 3. City and County of Honolulu Report. Secretary Garcia reported that the chair of the planning and sustainability committee is considering revisiting the plastic bag ban issue. He stated that the bills passed by the Maui and Hawaii councils will likely assist in crafting a bill that is successful. The zoning committee recently approved Bill 6, which specifically addresses bed and breakfast establishments, but is still a work in progress. 4. Kauai County Report. President Rapozo reported that the council held a public hearing on air quality testing conducted by the state department of health to determine why certain elementary school children were reporting illness. The tests will attempt to determine the source of the illness, which is suspected to be related to 2 agricultural development in the area. The real property tax reform bill has been tabled until a workshop can be conducted. He also stated that the Kauai council will be appointing a new HSAC member to serve as president if the members of the executive committee agree to retain the presidency with Kauai. C. National Association of Counties (NACo) Report President Rapozo distributed copies of a report on the 2008 NACo annual conference to members of the executive committee. He emphasized the importance of HSAC members to educate and inform their fellow councilmembers and the general public of the value of NACo membership. He cited the NACo prescription drug discount card program as an example of how membership in NACo improves the lives of county residents directly. Maui council chair Hokama reported that NACo is convening a governance task force in San Diego on October 1 s'. The task force is considering giving the NACo board the power to appoint committee chairs and removing that power from the NACo presidency. This proposal raises concerns for Hawaii as a member of NACo because the shift in power would favor the large states and result in less representation for Hawaii in NACo governing bodies. Council chair Hokama informed the committee that the NACo fall board meeting is being held in Tempe, Arizona, and he intends to attend the meeting. He stated that he will likely have to travel for his NACo duty as audit chairman. Maui council chair Hokama also informed the committee that to take full advantage of NACo's cooperative purchasing program for the counties the Maui council has submitted a bill for the HSAC legislative package that would allow county governments to take full advantage of the program. President Rapozo stated that this legislative session Senator Chun Oakland will be an important ally in passing the bill proposed by Maui. Secretary Garcia agreed that the proposal would be of great importance to the counties in the coming legislative session. Secretary Garcia commented that the committee should explore giving ex officio or emeritus status to NACo participants from Hawaii counties in order to retain the important institutional knowledge and connections the organization may be losing with the changes in membership of current county councils. President Rapozo stated that a special committee could be formed to allow former members to continue if the incoming HSAC members agreed to it. Treasurer Pontanilla added that NACo bylaws require any members to be elected officials from the respective counties and this rule must be kept in mind. 3 Maui council chair Hokama commented that the current and near-future presidents of NACo are reliable supporters of Hawaii's participation in leadership positions in NACo. He emphasized that this reliable support would need to be actively maintained through participation and early endorsements by HSAC in NACo. D. Western Interstate Region (WIR) Report Vice President Jacobson stated that an upcoming WIR meeting will be held in California and he would provide members with the details if another committee member is interested in attending. IV. UNFINISHED BUSINESS .A. NACo Prescription Drug Discount Card Program Update President Rapozo stated that an analysis of the program is included in the agenda packet. He commented that the program has been successful in the City and County of Honolulu and the County of Kauai, saving consumers money on prescription drugs. Vice President Jacobson informed the committee that Hawaii County has begun the program and the drug discount cards are being made as accessible to the general public as possible. President Rapozo stated that some pharmacies on Kauai are choosing to place the discount cards in their establishments as well. The NACo Prescription Drug Discount Card Program Update was filed. B. 2009 HSAC Legislative Package President Rapozo stated that he had received the proposals from Hawaii County and the City and County of Honolulu for the 2009 HSAC legislative package. Treasurer Pontanilla informed the committee that Maui County had passed its proposals and would be forwarding them to the president. Maui council chair Hokama asked if Honolulu was planning to submit a proposal that addressed the government television access issue presented by secretary Garcia at the previous HSAC meeting. Secretary Garcia stated that the Honolulu council had approved of such a proposal and offered to present the issue to neighbor island procurement officers and elected officials. He reported that he met with state House leadership on the issue and plans to meet with Senate leadership as well. President Rapozo suggested that if the Honolulu legislative proposal is not passed by all counties then the HSAC executive committee should consider an HSAC resolution supporting the provisions of the proposal. 4 President Rapozo stated that once all the proposals are considered by the councils all approved proposals will be voted on by the HSAC executive committee to finalize the package. He stated that he hoped to be ready to vote at the next executive committee meeting. President Rapozo stated that there will only be two more meetings to vote on the legislative package before December 1, 2008, when both he and Vice President Jacobson will be leaving office and no longer able to serve on the HSAC executive committee. V. NEW BUSINESS A. Correspondence dated. September 12, 2008, from Bob Jacobson transmitting two •(2) measures for consideration as part of the 2009 legislative priorities package, approved on September 10, 2008 by the Hawaii County council: 1. A Bill for an Act Relating to Product Branding and Labeling 2. A Bill for an Act Relating to the Public Utilities Commission Vice President Jacobson stated that the branding proposal was attempted previously by Hawaii County, however it was not accepted by all members of HSAC. He emphasized the importance of taking the issue to the state level and explained that the proposal would allow agricultural businesses to earn money in the state. The proposal would inform consumers of the origin of certain agricultural products through the packaging, thus placing a premium on items grown in the state of Hawaii and prohibiting deceptive branding of products by limiting the use of Hawaii or regions of Hawaii on labels to those items that are grown in the state. Vice President Jacobson explained that the second proposal from Hawaii County would increase the requirements of the renewable energy portfolio standard placed on each electric utility company. He stated that the Department of Energy consultant working with the State of Hawaii believed that the goals in the bill were achievable by the counties. Hawaii County will likely surpass the current requirements. Secretary Garcia asked if the bill was proposing new standards of if the state already has the same requirements for renewable energy. Vice President Jacobson stated that the standards set in the proposal would raise the standards set by the state similar to the goals set by the 2050 Sustainability Plan. Vice President Jacobson stated that the proposal would also decouple compensation rates paid for renewable energy sources to independent power producers from the avoided costs of non-renewable sources. 5 President Rapozo stated that if members had more questions the proposals would be discussed further at the next meeting. He stated that the committee would; be voting at the next meeting. The correspondence' dated September 12, 2008, from Bob Jacobson was filed. B. Kauai County Council Resolution No. 2008-42, Draft 1, Resolution Supporting the Recovery of the Hawaii State Mammal, the Critically Endangered Endemic Hawaiian Monk Seal, approved on September 10, 2008 by the Kauai County Council. President Rapozo stated that he wants HSAC to consider a resolution that would assist in the preservation of the monk seal. He called Keiko Bonk to give a presentation to the executive committee. Ms. Keiko Bonk of the Marine Conservation Biology Institute distributed a packet on the Hawaiian monk seal and summarized the information contained in it. She explained why the MCBI is lobbying county governments to support resolutions requesting greater federal funding for the support of the monk seal. I • 1100 monk seals in Hawaii and numbers are decreasing The monk seal is the most endangered marine mammal in the U.S. • Main reasons for depleting numbers also impact humans: o Climate change o Marine,debris in Northwestern Hawaiian islands o Disease from alien species o Over-fishing o Greater intemal competition $7 million is needed in addition to current funding Vice President Jacobson asked for clarification on the age of the species as compared to the Hawaiian islands. Ms. Bonk responded that the Hawaiian monk seal is 16 million years old, which is older than Maui and Hawaii islands. Treasurer Pontanilla asked about monk seal education programs for surfers and windsurfers. Ms. Bonk responded that surfers are a targeted demographic for education programs by MCBI. She added that another important group to education is county workers. Secretary Garcia requested that Ms. Bonk provide him information on monk seals pertaining to the City and County of Honolulu in order to write a council resolution that would include local statistics. Secretary Garcia asked for clarification if federal funding for monk seal preservation relies 6 on matching funds from the state or county. Ms. Bonk responded that federal funding was not contingent on matching funds for most funding, however, some programs require state or local commitments. She added that any funding for'county public education program that partners with the state or federal governments would be up to the counties. President Rapozo stated that he intended to eventually propose an HSAC resolution after the counties have passed their own monk seal resolutions in order to demonstrate the collective will of the counties. He stated that he would work with Ms. Bonk to draft the HSAC resolution. He stated'that if there were no objections, he would have a draft resolution prepared for the next HSAC meeting for members to consider. President Rapozo asked if there was any further discussion. Secretary Garcia asked to ladd an item to New Business on the agenda. There were no objections, Secretary Garcia asked the committee members how their respective councils may view a proposal currently being held in committee in the Honolulu council. The proposal would condemn the state elections officer for certain aspects of his preparation for the elections during the current election cycle. The clerks of the counties had been consulted on the resolution and suggested that the resolution be held until after the 2008 elections in order to evaluate his performance. Secretary Garcia also stated that Honolulu is discussing a possible proposal that, would address the issue of last minute filing for elections. Neither of these proposals is currently in Honolulu's submission to the 2009 HSAC legislative package but secretary Garcia stated that Honolulu may add these items later in the process and wanted the executive committee to know they are being considered. President Rapozo requested that secretary Garcia provide the members with information on the issues that may be proposed and stated that they could be added to the agenda at the next meeting. Kauai County Council Resolution No. 2008-42, Draft 1, was filed. VI. ANNOUNCEMENTS A. Schedule next HSAC Executive Committee meetings. October 20, 1:00 p.m., council committee meeting room, Honolulu Hale November 24, 10:00 a.m. council committee meeting room, Honolulu Hale I 7 B. Other Announcements None. VII. ADJOURNMENT There being no further business, the meeting was adjourned at 11:34 a.m. V ry truly rs, STOR GARCIA I Secretary Hawaii State Association of Counties I I i I~ I I 8 Hawaii" State Association of Counties Counties of Kauai, Maui and Hawaii, City & County of Honolulu i MiY 4 MEMORANDUM 4 i (October 1, 2008 TO: HSAC EXECUTIVE COMMITTEE MEMBERS CCCE: ROMMEL RAPOHSAC PRESIDENT " PROPOSALS FORANCLUSION IN THE 2009 HAWAII STATE ASSOCIATION- JOF COUNTIES (HSAC) LEGISLATIVE PACKAGE The following proposals have berme eferre bhe ndividual County Councils and are transmitted for your consideration and=approval%as part of the 2009 HSAC Legislative Package: The HSAC Legislative Package will only include~m` asures that receive approval from all the four (4) Councils. I would like to request your action on these matters prior to the a next -SAC Executive Committee meeting which is scheduled for October 20, 2008. A. HAWAII COUNTY COUNCIL (Approved on September 10, (2008e): i ` 1. A BILL FOR AN ACT RELATING TO PRODUCT B ` ' I~NG o LABELING ll The purpose of this bill is to provide information to consumers on product labels that indicate regions of origin and percentages of each country's port`ion~of the product in the package and establishes a minimum for the labeling of~a 100% Hawaii Grown product to increase its minimum percentage of Kona-grown coffee from 10% to 75% for any coffee blend using the label, "Kona Coffee Blend." This bill proposes to add a new Section 147-6, Hawaii Revised Statutes. I1JNYY~Of /yL'I~O/ y!YY OY."'i D:2008Pbj..... . -1343a/CA:Iki _ ^ • 2. A BILL FOR AN ACT RELATING TO THE PUBLIC UTILITIES COMMISSION The purpose of this bill is to increase the renewable energy portfolio standard of each electric utility company to 10% by 2010, 20% by 2015, 30% by 2020, and 60% by 2030, and to decouple compensation rates. This bill proposes to amend Section 269-92, of the Hawaii Revised Statutes, adds a new sub-section (4) in Section (a), and creates a new Section (e). B. MAUI COUNTY COUNCIL (Approved on September 23, 2008)• The following 3 proposals were included as part of the 2008 HSAC Legislative Package, however; none of them passed during the 2008 legislative session. 3. A BILL FOR AN ACT RELATING TO HOUSING The purpose of this bill is to extend the 45-day window to 90 days for a legislative body to approve, approve: with modification(s), or deny an affordable housing project under Section 201H-38, Hawaii Revised Statutes. 4. A BILL FOR AN ACT RELATING TO PROCUREMENT The purpose of this bill is to remove the requirement for local governments to comply with rules adopted by the policy board and places the decision-making power to use cooperative contracts within the discretion of local governments. 5. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS The purpose of this bill is 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 occur by creating a new chapter, 291F, Hawaii Revised Statutes, entitled 'transmittal of Uncontested Traffic Fines and Forfeitures to Counties," and amends Section 291C-171(a), Hawaii Revised Statutes. C. CITY & COUNTY OF HONOLULU (Approved on September 24,2008): 6. A CONCURRENT RESOLUTION URGING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO ASSIST THE COUNTIES IN NEGOTIATING AGREEMENTS WITH PEG ACCESS ORGANIZATIONS FOR A PORTION OF CABLE FRANCHISE FEES The purpose of this resolution is to urge the Department of Commerce and Consumer Affairs to assist the counties in negotiating agreements with PEG access organizations for a portion of cable franchise fees. D:2008-1343s/CA:lki 7. A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES The purpose of this bill is to allow the counties to conduct criminal history record checks on taxicab drivers and applicants for taxicab driver's certificates, amending Section 846-2.7, Hawaii Revised Statutes by amending subsection (b). 8. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS (Similar measure to proposal #5 submitted by Maui County.) The purpose of this bill is 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 occur 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), Hawaii Revised Statutes. Attachments cc: October 20, 2008 HSAC Executive Committee Meeting Agenda (A) HAWAII COUNTY COUNCIL'S PROPOSALS JUSTIFICATION SHEET PROPOSER: Hawai'i State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO PRODUCT BRANDING AND LABELING PURPOSE: To provide information to consumers on product labels that indicate regions of Hawaii where produce is grown, to indicate countries of origin and percentages of each countries portion of the product in the package and to establish a minimum of 100% Hawaii grown product for a label to say "100%" Hawaiian and to increase the minimum percentage of Kona-grown coffee from 10% to 75% for any coffee blend using the label, "Kona Coffee Blend" MEANS: By creating a new section 147-6, in the Hawaii Revised Statues, titled "Product Branding and Labeling". JUSTIFICATION: This act will protect Hawai`i's niche farmers from coffee bean producers that are benefiting from the use of the term "Hawaiian-Made" or "100% Hawaiian" when in fact their products do not contain 100% Hawaiian grown beans. This act will also help to inform consumers when making purchases of products labeled "Hawaiian-Made or "100% Hawaiian", weather or not it is indeed a "Hawaiian" product. .B. NO. A BILL FOR AN ACT RELATING TO PRODUCT BRANDING AND LABELING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. All products made and packaged in Hawaii shall 2 conform with the following: 3 Require that honey, macadamia nuts coffee, tea and vanilla 4 products that have any information or name indicating "Hawai`i" 5 or a region of Hawaii be identified on the front label with 6 the country of origin and percentage of each country's portion 7 of that product in letters equal in size to the largest font on 8 the label. 9 to Establish a minimum of 100% Hawaii-grown product for a 11 label to say "100% Hawaii-Grown (product)" "Hawaii-Grown 12 (product)", "100% Hawaiian (product)", or "Hawaiian (product)" 13 "100% Hawaii-Made (product)", "Hawai`i-Made (product)" or 14 "Hawaiian-Made". (Spices added to a product should be exempted 15 unless spice is the major portion of the product.] 16 17 SECTION 2. All local product packaging and labeling shall 18 reflect the following: 19 20j Increase the minimum percentage of Kona- rown coffee from 21 10% to 75% for any coffee blend using the label, "Kona Coffee 22 Blend," and require the front label to reflect the country of 23 origin for remainder of the coffee blend in letters as large as 24 the largest font for any other information or company name 25 26 SECTION 3. Statutory material to be repealed is bracketed 27 and stricken. New statutory material is underscored. 28 29 SECTION 4. This Act shall take effect upon its approval. 30 31 INTRODUCED BY: JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO THE PUBLIC UTILITIES COMMISSION PURPOSE: To increase the renewable energy portfolio standard of each electric utility company to 10 % by 2010,20% by 2015,30% by 2020, and 60% by 2030, and to decouple compensation rates. MEANS: Amends Section 269-92, of the Hawaii Revised Statutes, adds a new sub-section (4) in Section (a), and creates a new Section (e). JUSTIFICATION: This measure will help the State to reach its goal of energy Sustainability sooner while reducing the cost of energy to residents and business. Hawaii is in a unique position of having unfettered and consistent access to wind, solar, water and geothermal resources. We must utilize the technology that is available and begin an aggressive program of increasing use of alternative sources of energy and decrease our dependency on fossil fuels. This measure will also decouple compensation rates paid for renewable energy sources to independent power producers from the avoided costs of non-renewable sources such as oil or other non-renewables. .B. NO. A BILL FOR AN ACT RELATING TO PUBLIC UTILITIES COMMISSION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: I SECTION 1. HRS 269-92, relating to the Public Utilities 2 Commission is amended to read as follows: 3 5269-92 Renewable portfolio standards. (a) Each electric a utility company that sells electricity for consumption in the 5 State shall establish a renewable portfolio standard of: 6 (1) Ten per cent of its net electricity sales by 7 December 31, 2010; 8 (2) Twenty (Fifteen) per cent of its net electricity 9 sales by December 31, 2015; and 10 (3) Thirty (may] per cent of its net electricity ii sales by December 31, 2020. 12 (9) Sixty percent of its net electricity sales by 13 December 31, 2030. 14 (b) The public utilities commission may establish 15 Standards for each utility that prescribe what portfolio of the 16 renewable portfolio standards shall be met by specific types of 17 renewable resources; provided that: 18 Paget B. NO. 1 (1) One hundred [Fifty] percent of the renewable 2 portfolio 3 standards shall be met by electrical energy 4 generated using renewable energy as the source; 5 (2) Where electrical energy is generated or displaced 6 by a combination of renewable and nonrenewable 7 means, the proportion attributable to the 8 renewable means shall be credited as renewable 9 energy; and 10 (3) Where fossil and renewable fuels are co-fired in 11 the same generating unit, the unit shall be 12 considered to generate renewable electrical 13 energy (electricity) in direct proportion to the i 14 percentage of the total heat value represented by 15 the heat value of the renewable fuels. 16 (c) If the public utilities commission determines 17 That an electric utility company failed to meet the renewable 18 portfolio standard, after a hearing in accordance with chapter 19 91, the utility shall be subject to penalties to be established 20 by the public utilities commission; provided that if the 21 commission determines that the electric utility company is 22 unable to meet the renewable portfolio standards due to reasons Page 3 . B. NO. 1 beyond the reasonable control of an electric utility, as set z forth in subsection (d), the commission, in its discretion, may 3 waive in whole or in part any otherwise applicable penalties. 4 (d) Events or circumstances that are outside of an 5 electric utility company's reasonable control may 6 include, to the extent the event or circumstance 7 could not be reasonably foreseen and ameliorated: S (1) Weather-related damage; 9 (2) Natural disasters; 10 (3) Mechanical or resource failure; 11 (4) Failure of renewable electrical energy producers 12 to meet contractual obligations to the electric 13 utility company; 14 (5) Labor strikes or lockouts; 15 (6) Actions of governmental authorities that 16 adversely affect the generation, transmission, or 17 distribution of renewable electrical energy under 18 contract to an electric utility company; 19 (7) Inability to acquire sufficient renewable 20 electrical energy due to lapsing of tax credits 21 related to renewable energy development; Page 4 . U. NO. O. 1 (8) Inability to obtain permits or land use approvals 2 for renewable electrical energy projects; 3 (9) Inability to acquire sufficient cost-effective 4 renewable electrical energy; 5 (10) Substantial limitations, restrictions, or, 6 (11) prohibitions on utility renewable electrical 7 energy projects; and 8 Other events and circumstances of a similar 9 nature. (L 2001, c 272, § 3; am L 2004, c 95, §5; 10 am L 2006, c 162 §5] 11 (e) Each electric utility company that sells 12 electricity for consumption in the State shall decouple 13 compensation rates paid for renewable ener y sources to 14 independent power producers from the avoided costs of non- 15 renewable sources such as oil or other non-renewables 16 SECTION 3. Statutory material to be repealed is bracketed 17 and stricken. New statutory material is underscored. 18 19 SECTION 4. This Act shall take effect upon its approval. 20 21 INTRODUCED BY: COUNTY"COUNCIL COUNTY OF KAUAI 2008-, Re-50 futt" 0 it No.D a ft 12 RESOLUTION SUPPORTING THE RECOVERY OF THE HAWAII STATE MAMMAL, THE CRITICALLY ENDANGERED ENDEMIC HAWAIIAN MONK SEAL WHEREAS, the Hawaiian Monk Seal, Monachus schauinslandi, is a critically endangered seal that is endemic to the waters off the Hawaiian Islands and was known to the native Hawaiians as `Iho-holo-i-ka-uaua, or "dog that runs in rough waters"; and WHEREAS, to raise awareness for the species' plight, the Hawaiian Monk Seal was declared Hawai`i's official State Mammal on June 11, 2008 by Lieutenant Governor James Aiona; and WHEREAS, the Hawaiian Monk Seals are among the most endangered species of all seals, although the Mediterranean Monk Seal is even rarer, and the Caribbean Monk Seal, last sighted in the 1950s, was officially declared extinct in June 2008; and WHEREAS, the population of the Hawaiian Monk Seal continues to decline, and in 2008, it is estimated that only 1,200 remain throughout the world; and WHEREAS, human and environmental factors such as habitat loss, competition for food supply, marine debris entanglement, disease, shark predation, and climate change have contributed to the species decline; and WHEREAS, Hawaiian Monk Seals are protected by the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), which listed the Hawaiian Monk Seal endangered in 1976; and WHEREAS, the MMPA and ESA protects the species and the ecosystems upon which they depend, and individuals harming, harassing, taking, or killing these animals are subject to fines of up to $50,000; and WHEREAS, these laws require that governmental agencies recover and prevent this species from going extinct; and WHEREAS, most of the Hawaiian Monk Seal population exists in the Northwest Hawaiian Island (NWHI) where the seals are declining rapidly; and WHEREAS, there are 100-150 seals found in the Main Hawaiian Islands and this subpopulation is increasing; and WHEREAS, the waters off Kauai and Niihau have the highest concentration of Hawaiian Monk Seals in the Main Hawaiian Islands; and WHEREAS, saving the Hawaiian Monk Seal from extinction requires developing government and private partnerships to raise public and visitor awareness about the response and recovery programs; and WHEREAS, the Hawaiian Monk Seal Recovery Plan, signed by the National Marine Fisheries Service NOAA Administrator on August 2007 requires a budget of approximately $7 million to adequately fund the recovery programs in this plan; and WHEREAS, the 2008 federal budget approved for the recovery plan was approximately $2.1 million, which may possibly receive an increase of up to $4 million; and WHEREAS, the ESA and MMPA requires the State of Hawaii to write an Incidental Take Plan for mammals taken in commercial and recreational fisheries, which includes adequate responses to fishing interactions, other harmful interactions, and human disturbances; now, therefore, BE IT RESOLVED THAT THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII, that it urges the Federal Administration and Congress to adequately fund the Hawaiian Monk Seal Recovery Plan with a budget of $7 million in 2010. BE IT FURTHER RESOLVED, that it urges the State of Hawaii to adequately. fund the Main Hawaiian Island Monk Seal Response and the Incidental Take Plan programs within the Department of Land and Natural Resources- Aquatics Division with a $1 million annual budget. BE IT FURTHER RESOLVED, that the four (4) counties of Hawaii partner with the appropriate Federal and State agencies to develop public awareness of the Hawaiian Monk Seal and develop a program for regulating human-seal interactions at State/County beaches and parks frequented by monk seals. BE IT FURTHER RESOLVED, that copies of this Resolution be transmitted to Carlos M. Gutierrez, the Secretary of Commerce; Vice Admiral Conrad C. Lautenbacher, Jr., Under Secretary of Commerce and NOAA Administrator; Jim Balsiger, Director, National Marine Fisheries Service, NOAA; U.S. Senator Daniel K. Inouye; U.S. Senator Daniel K. Akaka; U.S. House Representative Neil Abercrombie; U.S. House Representative Mazie K. Hirono; Hawaii State Governor Linda Lingle; Hawaii State Senator Colleen Hanabusa; Hawaii State Representative Calvin K. Y. Say; Kauai County Mayor Bill "Kaipo" Asing; Honolulu City and County Mayor Mufi Hannemann; Maui County Mayor Charmaine Tavares; Hawaii County Mayor Harry Kim; Honolulu City Council Chair Barbara Marshall; Maui County Council Chair G. Riki Hokama; and Hawaii County Council Chair Pete Hoffmann. Introduced by: /s/ JOANN A. YUKIMURA /s/ MEL RAPOZO 91 ~ i~i ca Ce lx to tion CC -0e LAtt , d,at a'. 2008-42, C~ 1, 4 4 95" 4 e5epU 10, 2008. 0 (B) MAUI COUNTY COUNCIL'S PROPOSALS 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 are 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. pafghr:07-241b .B. NO. A BILL FOR AN ACT RELATING TO HOUSING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The forty-five day window for a 2 legislative body to approve, approve with modification, or 3 disapprove an affordable housing project is too short to have a 4 meaningful discussion of the project. Allowing ninety days will 5 provide an expedited review while allowing the legislative body 6 to do its due diligence in evaluating a project. 7 SECTION 2. Section 201H-38, Hawaii Revised Statutes, is 8 amended by amending subsection (a) to read as follows: 9 ,(a) The corporation may develop on behalf of the State or 10 with an eligible developer, or may assist under a government 11 assistance program in the development of, housing projects that 12 shall be exempt from all statutes, ordinances, charter 13 provisions, and rules of any government agency relating to 14 planning, zoning, construction standards for subdivisions, 15 development and improvement of land, and the construction of 16 dwelling units thereon; provided that: 07-241a Page 2 . B. NO. 1 (1) The corporation finds the housing project is 2 consistent with the purpose and intent of this 3 chapter, and meets minimum requirements of health and 4 safety; 5 (2) The development of the proposed housing project does 6 not contravene any safety standards, tariffs, or rates 7 and fees approved by the public utilities commission S for public utilities or of the various boards of water 9 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 [f==`_1 °__:c] ninety days after 16 the corporation has submitted the preliminary 17 plans and specifications for the project to the is legislative body. If on the [_==t 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, 07-241a Page 3 B. NO. I approving, modifying, or disapproving the plans 2 and specifications; and 3 (C) The final plans and specifications for the 4 project shall be deemed approved by the 5 legislative body if the final plans and 6 specifications do not substantially deviate from 7 the preliminary plans and specifications. The 8 final plans and specifications for the project 9 shall constitute the zoning, building, 10 construction, and subdivision standards for that 11 project. For purposes of sections 501-85 and 12 502-17, the executive director of the corporation 13 or the responsible county official may certify 14 maps and plans of lands connected with the 15 project as having complied with applicable laws 16 and ordinances relating to consolidation and 17 subdivision of lands, and the maps and plans 18 shall be accepted for registration or recordation 19 by the land court and registrar; and 20 (4) The land use commission shall approve, approve with 21 modification, or disapprove a boundary change within 22 forty-five days after the corporation has submitted a 23 petition to the commission as provided in section 07-241a Page 4 B. NO. 1 205-4. If on the forty-sixth day the petition is not 2 disapproved, it shall be deemed approved by the 3 commission.° 4 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 8 INTRODUCED BY: 07-241a JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: A BILL FOR AN ACT RELATING TO PROCUREMENT PURPOSE: To remove 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. MEANS: Amends §103D-802, Hawaii Revised Statutes (HRS), by deleting language pertaining to rules adopted by the policy board. JUSTIFICATION: §103D-201 and §103D-202, HRS, establish a procurement policy board with the authority to adopt rules consistent with Chapter 103D. Chapter 103D is based on the Model Procurement Code. All states have adopted a version of the Model Procurement Code. Most states that allow cooperative purchasing do not have policy boards restricting a government's ability to participate in cooperative contracts. Currently, local governments in the State of Hawaii are limited by the Hawaii Administrative Rules set by the policy board to choose whether to use cooperative contracts. This is true even if the cooperative contracts went through a competitive selection process similar to the laws and rules of the State of Hawaii. Consequently, local governments may not be able to enter into a cooperative contract that is the most cost-effective choice for itself or for its taxpayers. Local governments are in the best position to assess their own needs and the needs of the people they serve. Therefore, local governments are also in the best position to make competent decisions as to whether to use a cooperative contract. The amendment would merely provide local governments with another option when deciding whether to enter into a cooperative contract. There may be contracts, other than the cooperative contract, that have gone through Hawaii's procurement process and are still more cost efficient for local governments. The amendment gives local governments another choice. paEhnh:07-2396 .B. NO. A BILL FOR AN ACT RELATING TO PROCUREMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 103D-802, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "S103D-802 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 e nonprofit private procurement units pursuant to [rulesadopted 9 by the peliey beard ] 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. IS SECTION 3. This Act shall take effect upon its approval. 0 07-239a Page 2 . B. NO. 1 2 INTRODUCED BY: 3 07-239a. JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO TRAFFIC INFRACTIONS PURPOSE: To require the State to transfer a portion of the fines and forfeitures collected for uncontested traffic infractions to the county in which the violations occurred MEANS: Create a new chapter, 291 F, "Transmittal of Uncontested Traffic Fines and Forfeitures to Counties," and amend section 291 C- 171 (a), Hawaii Revised Statutes JUSTIFICATION: While the counties are responsible for enforcement, revenues accruing from violations of the Statewide Traffic Code are paid solely to the State. Traffic citations are issued by police officers whose costs, including salaries, equipment, and administrative support, are funded by the counties. Allowing each county to receive the fines and forfeitures generated as a result of county enforcement of traffic laws is fair and will provide the counties a much-needed modicum of financial relief from the State. The measure specifically excludes those fines and forfeitures accruing from State-enforced violations, which do not involve the expenditure of County resources. When traffic violations remain uncontested, there is no need to resort to the State courts. The burden on State-funded personnel and resources is, therefore, minimized. The bill seeks solely to have those fines and forfeitures paid by offenders without contest transferred to the county in which the infraction occurred. Authorizing the counties to collect such fines and forfeitures would provide the counties with a dedicated revenue source and diversify the counties' revenue bases. As a result, the measure would help to stabilize the counties' budgets and promote the viability of the counties' public services, including the provision of traffic-safety improvements. .B. NO. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The Hawaii Revised Statutes is amended by 2 adding a new chapter to be appropriately designated and to read 3 as follows: 4 "CHAPTER 5 TRANSMITTAL OF UNCONTESTED TRAFFIC FINES 6 AND FORFEITURES TO COUNTIES 7 Sec. 291F-A Definitions. For purposes of this chapter, 8 unless the context clearly requires otherwise: 9 "Traffic infractions" means the same as defined under 10 section 291D-2. 11 "Uncontested traffic infraction" means a traffic infraction 12 for which the person noticed under section 291D-5 does not 13 contest the infraction. A person "does not contest" an 14 infraction if, in accordance with section 291D-6(b)(1), the 15 person admits the commission of the infraction without 16 requesting a hearing to explain mitigating circumstances and 17 pays or remits bail forfeiture by mail within thirty days. Paget .B. NO. 1 Sec. 291F-H Transmittal of fines and forfeitures. (a) The 2 state director of finance shall transmit to each county not more 3 than thirty days after the end of each fiscal quarter ` per 4 cent of all the fines and forfeitures collected for uncontested 5 traffic infractions committed in that county which are in excess 6 of amounts required by the State to pay the administrative costs 7 of the traffic violations bureau. 8 (b) Subsection (a) shall not apply to: 9 (1) Fines and forfeitures for violations that occur on 10 state off-street parking facilities, parks, airports, 11 and harbors that are subject to enforcement by the 12 State; and 13 (2) Fines and forfeitures that are required by law to be 14 paid into a special, revolving, or trust fund. 15 No county shall be entitled to any portion of the fines and 16 forfeitures described in this subsection.,, 17 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is 18 amended by amending subsection (a) to read as follows: 19 "(a) All fines and forfeitures collected upon conviction or 20 upon the forfeiture of bail of any person charged with a 21 violation of any section or provision of the state traffic laws 22 and all assessments collected relating to the commission of Page 3 . B. NO. 1 traffic infractions shall be paid to the director of finance of 2 the State. 3 The judiciary shall identify those uncontested traffic 4 infractions as defined in section 291F-A. The disposition of 5 fines and forfeitures paid to the state director of finance 6 shall be subject to section 291F-B." 7 SECTION 3. In codifying the new sections added by section 8 1 of this Act, the revisor of, statutes shall substitute 9 appropriate section numbers for the letters used in designating 10 the new sections in this Act. 11 SECTION 4. New statutory material is underscored. 12 SECTION 5. This Act shall take effect on July 1, 2008. 13 INTRODUCED BY: (C) HONOLULU CITY & COUNTY COUNCIL'S PROPOSALS C.R. NO. CONCURRENT RESOLUTION URGING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO ASSIST THE COUNTIES IN NEGOTIATING AGREEMENTS WITH PEG ACCESS ORGANIZATIONS FOR A PORTION OF CABLE FRANCHISE FEES. 1 WHEREAS, Section 440G-8.2(f), Hawaii Revised Statutes, 2 states that cable operators shall designate three or more 3 channels for public, educational, or governmental use, and 4 Hawaii Administrative Rules section 16-131-34 states that each 5 cable operator shall maintain at least one specially designated 6 channel for government use; and 7 8 WHEREAS, government access programming is available to the 9 residents of each county of the State through the public, 10 educational, and governmental ("PEG") access organizations: 11 Olelo Community Television; Akaku: Maui Community Television; 12 Hoike: Kauai Community Television; and Na Leo 0 Hawaii; and 13 14 WHEREAS, the department of commerce and consumer affairs 15 requires a cable franchise fee from the local cable operators, 16 as authorized by the federal Cable Communications Act of 1984, a 17 portion of which is passed on to PEG access organizations; and 18 19 WHEREAS, the cable franchise fee required by the department 20 of commerce and consumer affairs is a charge passed on by the 21 local cable operators to cable customers through their cable 22 bills; and 23 24 WHEREAS, the county councils currently use their counties' 25 general fund money, taken from property taxes and other sources, 26 to execute contracts with private television production 27 companies to produce council proceedings for broadcast through 28 PEG access organizations; and R08-206 FD1.GK Page 2 . ^ . ^ . NO. 1 2 WHEREAS, the public effectively is taxed twice to view 3 government programming by paying property taxes and by paying 4 their cable bills which include a charge to cover the cable 5 franchise fee; and 6 7 WHEREAS, since 1998, the Hawaii Educational Network 8 Consortium ("HENC"), representing public and private primary, 9 secondary and higher educational institutions, has entered into 10 an agreement with Olelo in which HENC has control of and awards 11 the portion of the franchise fees collected for educational 12 purposes to various educational programming projects; and 13 14 WHEREAS, the production of council proceedings qualify for 15 and should be funded with the portion of the franchise fees 16 collected for government programming; and 17 18 WHEREAS, the HENC agreement with Olelo, as approved by the 19 department of commerce and consumer affairs, to provide 20 educational programming may provide a model for counties to 21 negotiate directly with PEG access organizations to receive a 22 portion of cable franchise fees collected for government 23 programming, thereby avoiding the use of property tax money for 24 production of government programming, including council 25 proceedings; now, therefore, 26 27 BE IT RESOLVED by the the 28 concurring, that the department of commerce and consumer affairs_ 29 is urged to assist counties in negotiating agreements with. PEG 30 access organizations for a portion of the franchise fees 31 collected for the purpose of government programming; and 32 33 R08-206 FD1.GK Page 3 C.R. .NO. 1 BE IT FURTHER RESOLVED that certified copies of this 2 Concurrent Resolution be transmitted to the director of commerce 3 and consumer affairs, the governor, the mayor and council chair 4 of Hawaii County, the mayor and the council chair of the City 5 and County of Honolulu, the mayor and council chair of Kauai 6 County, the mayor and council chair of Maui County, and local 7 PEG access organizations: Olelo Community Television; Akaku: 8 Maui Community Television; Hoike: Kauai Community Television; 9 and Na Leo 0 Hawaii. 10 11 12 OFFERED BY: R08-206 FD1.GK CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 08-206, FD1 Introduced: 08/28/08 By: NESTOR GARCIA Committee: INTERGOVERNMENTAL AFFAIRS Title: RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A RESOLUTION RELATING TO CABLE TV PUBLIC ACCESS PROGRAMMING. INTERGOVERNMENTAL 9/4/08 CR-284 - RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. AFFAIRS COUNCIL 9/24/08 CR-284 ADOPTED. RESOLUTION AMENDED TO FD1 ON THE COUNCIL FLOOR AND SUBSEQUENTLY ADOPTED, AS AMENDED (RESOLUTION 08-206, FD1) APO Y CACHOLA Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL =.Y OKINO Y TAM Y I hereby certify that the above Is a true record of action by the Council of the City and County of Honolulu on this RESOLUTION. -/d"- DENISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER CITY COUNCIL f ' • CITY AND COUNTY OF HONOLULU No. 08-206, F131 HONOLULU, HAWAII RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A RESOLUTION RELATING TO CABLE TV PUBLIC ACCESS PROGRAMMING. WHEREAS, government access programming is available to the residents of each county of the state through the public, educational, and governmental ("PEG") access organizations: Olelo Community Television; Akaku: Maui Community Television; Hoike: Kauai Community Television; and Na Leo O Hawaii; and WHEREAS, the department of commerce and consumer affairs requires a cable franchise fee from the local cable operator, as authorized by the federal Cable Communications Act of 1984, a portion of which is passed on to PEG access organizations; and WHEREAS, the cable franchise fee required by the department of commerce and consumer affairs is a charge passed on by the local cable operator to cable customers through their cable bills; and WHEREAS, the Honolulu City Council currently uses general fund money, taken from property taxes and other sources, to execute a contract with a private television production company to produce council proceedings for broadcast on Olelo; and WHEREAS, the public effectively is taxed twice to view government programming by paying property taxes and by paying their cable bills which include a charge to cover the cable franchise fee; and .WHEREAS, since 1998, the Hawaii Educational Network Consortium ("HENC"), representing public ahd private primary, secondary and higher educational institutions, has entered into an agreement with Olelo in which HENC has control of and awards the portion of the franchise fees collected for educational purposes to various educational programming projects; and WHEREAS, the production of council proceedings should be funded with the portion of the franchise fees collected for government programming; and WHEREAS, the HENC agreement with Olelo, as approved by the department of commerce and consumer affairs, to provide educational programming may provide a model for all counties to negotiate directly with PEG access organizations to receive a portion of cable franchise fees collected for government programming; and OCS/090908/08:27/CT 1 CITY COUNCIL Y " • CITY AND COUNTY OF HONOLULU No. 08-206, FD1 HONOLULU, HAWAII RESOLUTION WHEREAS, approval by all the counties is required to include a proposal in the 2009 HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2009 HSAC legislative package a resolution, attached as Exhibit A, urging the department of commerce and consumer affairs to assist the counties in negotiating agreements with PEG access organizations for a portion of the franchise fees collected for the purpose of government programming; and BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. INTRODUCED BY: Nestor Garcia DATE.OF INTRODUCTION: August 28, 2008 Honolulu, Hawaii Councilmembers 2 JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES PURPOSE: To allow the counties to conduct criminal history record checks on taxicab drivers and applicants for taxicab driver's certificates. MEANS: Amend section 846-2.7, Hawaii Revised Statutes by amending subsection (b). JUSTIFICATION: Criminal history record checks are authorized to be conducted on individuals in sensitive positions in government agencies, government contractors, and government regulated businesses. The intent of conducting criminal history record checks in certain areas of employment is to protect vulnerable members of the public from harm that may be perpetrated by criminal offenders against them. These members of the public include children and the elderly. The taxicab industry is part of the statewide transportation system and taxicab passengers, including children, the elderly, and tourists, reasonably expect that the drivers are trustworthy. Allowing the county agencies that regulate the taxicab industry to conduct criminal history record checks on drivers will ensure proper vetting of applicants for taxicab driver's certificates. This measure will increase the level of protection the public expects from potential criminal acts. d .B. NO. A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 846-2.7, Hawaii Revised Statutes, is 2 amended by amending subsection (b) to read as follows: 3 "(b) Criminal history record checks may be conducted by: 4 (1) The department of health on operators of adult foster 5 homes or developmental disabilities domiciliary homes 6 and their employees, as provided by.section 333F-22; 7 (2) The department of health on prospective employees, 8 persons seeking to serve as providers, or 9 subcontractors in positions that place them in direct 10 contact with clients when providing non-witnessed 11 direct, mental health services as provided by section 12 321-171.5; 13 (3) The department of health on all applicants for 14 licensure for, operators for, and prospective 15 employees, and volunteers at one or more of the 16 following: skilled nursing facility, intermediate 17 care facility, adult residential care home, expanded HSAC criminal taxi.gk Page 2 B. NO. 1 adult residential care homes, assisted living 2 facility, home health agency, hospice, adult day 3 health center, special treatment facility, therapeutic 4 living program, intermediate care facility for the 5 mentally retarded, hospital, rural health center and 6 rehabilitation agency, and, in the case of any of the 7 above-related facilities operating in a private 8 residence, on any adult living in the facility other 9 than the client as provided by section 321-15.2; 10 (4) The department of education on employees, prospective 11 employees, and teacher trainees in any public school 12 in positions that necessitate close proximity to 13 children as provided by section 302A-601.5; 14 (5) The counties on employees and prospective employees 15 who may be in positions that place them in close 16 proximity to children in recreation or child care 17 programs and services; 18 (6) The county liquor commissions on applicants for liquor 19 licenses as provided by section 281-53.5; 20 (7) The department of human services on operators and 21 employees of child caring institutions, child placing HSAC criminal taxi.gk Page 3 B. NO. 1 organizations, and foster boarding homes as provided 2 by section 346-17; 3 (B) The department of human services on prospective 4 adoptive parents as established under section 5 346-19.7; 6 (9) The department of human services on applicants to 7 operate child care facilities, prospective employees 8 of the applicant, and new employees of the provider 9 after registration or licensure as provided by section 10 346-154; 11 (10) The department of human services on persons exempt 12 pursuant to section 346-152 to be eligible to provide 13 child care and receive child care subsidies as 14 provided by section 346-152.5; 15 (11) The department of human services on operators and 16 employees of home and community-based case management 17 agencies and operators and other adults, except for 18 adults in care, residing in foster family homes as 19 provided by section 346-335; 20 (12) The department of human services on staff members of 21 the Hawaii youth correctional facility as provided by 22 section 352-5.5; HSAC criminal taxi.gk Page4 B. NO. 1 (13) The department of human services on employees, 2 prospective employees, and volunteers of contracted 3 providers and subcontractors in positions that place 4 them in close proximity to youth when providing 5 services on behalf of the office or the Hawaii youth 6 correctional facility as provided by section 352D-4.3; 7 (14) The judiciary on employees and applicants at detention 8 and shelter facilities as provided by section 571-34; 9 (15) The department of public safety on employees and 10 prospective employees who are directly involved with 11 the treatment and care of persons committed to a 12 correctional facility or who possess police powers 13 including the power of arrest as provided by section 14 353C-5; 15 (16) The department of commerce and consumer affairs on 16 applicants for private detective or private guard 17 licensure as provided by section 463-9; 18 (17) Private schools and designated organizations on 19 employees and prospective employees who may be in 20 positions that necessitate close proximity to 21 children; provided that private schools and designated 22 organizations receive only indications of the states HSAC criminal taxi.gk Page 5 . B. NO. 1 from which the national criminal history record 2 information was provided as provided by section 3 302c-1; 4 (18) The public library system on employees and prospective 5 employees whose positions place them in close 6 proximity to children as provided by section 302A- 7 601.5; 8 (19) The State or any of its branches, political 9 subdivisions, or agencies on applicants and employees 10 holding a position that has the same type of contact 11 with children, dependent adults, or persons committed 12 to a correctional facility as other public employees 13 who hold positions that are authorized by law to 14 require criminal history record checks as a condition 15 of employment as provided by section 78-2.7,- 16 (20) The department of human services on licensed adult day 17 care center operators, employees, new employees, 18 subcontracted service providers and their employees, 19 and adult volunteers as provided by section 346-97; 20 (21) The department of human services on purchase of 21 service contracted and subcontracted service providers 22 and their employees serving clients of the adult and HSAC criminal taxi.gk Page 6 B. NO. 1 community care services branch, as provided by section 2 346-97; 3 (22) The department of human services on foster grandparent 4 program, senior companion program, and respite 5 companion program participants as provided by section 6 346-97; 7 (23) The department of human services on contracted and 8 subcontracted service providers and their current and 9 prospective employees that provide home and community- 10 based services under Section 1915(c) of the Social 11 Security Act (42 U.S.C. §1396n(c)), as provided by 12 section 346-97; [aid] 13 (24) The county agencies responsible for taxicab regulation 14 on taxicab drivers and applicants for taxicab driver's 15 certificates; and 16 [(24) (25) Any other organization, entity, or the State, 17 its branches, political subdivisions, or agencies as 18 may be authorized by state law." 19 SECTION 2. Statutory material to be repealed is bracketed 20 and stricken. New statutory material is underscored. 21 SECTION 3. This Act shall take effect upon its approval. 22 INTRODUCED BY: HSAC criminal taxi.gk CITY COUNCIL • CITY AND COUNTY OF HONOLULU No. Q HONOLULU, HAWAII RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL PROVIDING THE COUNTIES THE AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD CHECKS ON TAXICAB DRIVERS AND APPLICANTS FOR TAXICAB DRIVER'S CERTIFICATES. WHEREAS, a key part of the statewide transportation system, the taxicab industry transports thousands of passengers each day; and WHEREAS, taxicab passengers may be young unaccompanied children, the elderly, and tourists who expect that the drivers are trustworthy and possess high moral character; and WHEREAS, Section 12-1.9(c)(4), Revised Ordinances of Honolulu requires that no taxicab driver's certificate shall be issued to any person unless such person has complied with the standards promulgated by the director of customer services relating to the moral character and physical fitness of the applicant based on prior records or certified documents relative thereto; and WHEREAS, the disclosure of federal and out-of-state convictions may only be obtained through the United States Department of Justice, Federal Bureau of Investigations and is restricted by Public Law 92-184, 85 Stat. 627, 642 (1971) from disclosure of criminal history information to state and local governments unless authorized by state statute and approved by the attorney general; and WHEREAS, the Hawaii Revised Statutes do not currently authorize criminal history record checks on taxicab drivers and applicants for taxicab driver's certificates; and WHEREAS, approval by all the counties is required to include a proposal in the 2009 HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2009 HSAC legislative package a proposal, attached as Exhibit A, that would allow counties to conduct criminal history record checks on taxicab drivers and applicants for taxicab driver's certificates; and OCS/082708/02:04/CT 1 !GA r ' f CITY COUNCIL • f " • CITY AND COUNTY OF HONOLULU NO i ' HONOLULU, HAWAII RESOLUTION BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. INT UC B DATE OF INTRODUCTION: AUG 2 8 2009 Honolulu, Hawaii Councilmembers 2 CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 08-201 Introduced: 08128/08 By: NESTOR GARCIA Committee: INTERGOVERNMENTAL AFFAIRS Title: RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL PROVIDING THE COUNTIES THE AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD CHECKS ON TAXICAB DRIVERS AND APPLICANTS FOR TAXICAB DRIVER'S CERTIFICATES. la 1-1 INTERGOVERNMENTAL 9/4/08 CR-281 - RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. AFFAIRS COUNCIL 9/24/08 CR-281 AND RESOLUTION 08-201 WERE ADOPTED. APO Y CACHOLA Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL Y OKINO Y TAM Y I hereby certify that the above is a true record of action by the Council of the City and County of Honolulu on this RESOLUTION. DENISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO TRAFFIC INFRACTIONS PURPOSE: To require the State to transfer a portion of the fines and forfeitures collected for uncontested traffic infractions to the county in which the violations occurred. MEANS: Create a new chapter, "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 Statewide Traffic Code are paid solely to the State. Traffic citations are issued by police officers whose costs, including salaries, equipment, and administrative support, are funded by the counties. Allowing each county to receive the fines and forfeitures generated as a result of county enforcement of traffic laws is fair and will provide the counties a much-needed modicum of financial relief from the State. The measure specifically excludes those fines and forfeitures accruing from State-enforced violations, which do not involve the expenditure of County resources. When traffic violations remain uncontested, there is no need to resort to the State courts. The burden on State-funded personnel and resources is, therefore, minimized. The bill seeks solely to have those fines and forfeitures paid by offenders without contest transferred to the county in which the infraction occurred. Authorizing the counties to collect such fines and forfeitures would provide the counties with a dedicated revenue source and diversify the counties' revenue bases. As a result, the measure would help to stabilize the counties' budgets and promote the viability of the counties' public services, including the provision of traffic-safety improvements. .B. NO. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS. BE IT ENACTED BY THE LEGISLATURE. OF THE STATE OF HAWAII: 1 SECTION 1. The Hawaii Revised Statutes is amended by 2 adding a new chapter to be appropriately designated and to read 3 as follows: 4 "CHAPTER 5 TRANSMITTAL OF UNCONTESTED TRAFFIC FINES 6 AND FORFEITURES TO COUNTIES 7 § -1 Definitions. For purposes of this chapter, unless 8 the context clearly requires otherwise: 9 "Traffic infractions" means the same as defined under 10 section 291D-2. 11 "Uncontested traffic infraction" means a traffic infraction 12 for which the person noticed under section 291D-5 does not 13 contest the infraction. A person "does not contest" an 14 infraction if, in accordance with section 291D-6(b)(1), the 15 person admits the commission of the infraction without HSAC unadjudicated.gk Page 2 . B. NO. 1 requesting a hearing to explain mitigating circumstances and 2 pays or remits bail forfeiture by mail within thirty days. 3 § -2 Transmittal of fines and forfeitures. (a) The state 4 director of finance shall transmit to each county not more than 5 thirty days after the end of each fiscal quarter per cent of 6 all the fines and forfeitures collected for uncontested traffic 7 infractions committed in that county which are in excess of 8 amounts required by the State,to pay the administrative costs of 9 the traffic violations bureau. 10 (b) Subsection (a) shall not apply to: 11 (1) Fines and forfeitures for violations that occur on 12 state off-street parking facilities, parks, airports, 13 and harbors that are subject to enforcement by the 14 State; and 15 (2) Fines and forfeitures that are required by law to be 16 paid into a special, revolving, or trust fund. 17 No county shall be entitled to any portion of the fines and 18 forfeitures described in this subsection." 19 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is 20 amended by amending subsection (a) to read as follows: 21 "(a) All fines and forfeitures collected upon conviction or 22 upon the forfeiture of bail of any person charged with a HSAC unadjudicated.gk Page 3 . B. NO. 1 violation of any section or provision of the state traffic laws 2 and all assessments collected relating to the commission of 3 traffic infractions shall be paid to the director of finance of 4 the State. 5 The judiciary shall identify those uncontested traffic 6 infractions as defined in section -1. The disposition of 7 fines and forfeitures paid to the state director of finance 8 shall be subject to section -2." 9 SECTION 3. New statutory material is underscored. 10 SECTION 9. This Act shall take effect on July 1, 2009. 11 INTRODUCED BY; HSAC unadjudicated.gk CITY COUNCIL f CITY AND COUNTY OF HONOLULU NO HONOLULU, HAWAII RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL TRANSFERRING A PORTION OF THE FINES AND FORFEITURES FROM UNCONTESTED TRAFFIC INFRACTIONS TO THE COUNTIES. WHEREAS, the counties are responsible for the enforcement of the Statewide Traffic Code (Chapter 291C, Hawaii Revised Statutes) and county traffic ordinances; and WHEREAS, the cost to the counties of enforcing the state and county traffic laws and prosecuting violators is substantial and presently paid mainly from county general funds and highway funds; and WHEREAS, all fines and forfeitures from the state and county traffic violations, however, are paid to the state and used as state general fund revenues; and WHEREAS, none of the fines and forfeitures are transmitted to the counties despite their enforcement and prosecution efforts; and WHEREAS, the council understands that a substantial portion of the traffic fines and forfeitures received by the state are derived from uncontested infractions; and WHEREAS, the council also understands that the state judiciary does not have to make substantial expenditures of state funds to collect the uncontested fines and forfeitures; and .WHEREAS, transferring to the counties a portion of the uncontested traffic fines and forfeitures would' be equitable and assist the counties in funding the cost of enforcing state and county traffic laws and prosecuting violators; and WHEREAS, approval by all the counties is required to include a proposal in the 2009 HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2009 HSAC legislative package a proposal, attached as Exhibit A, that would transfer a portion of the fines and forfeitures from uncontested traffic infractions to the counties; and OCS/080508/09:23/CT 1 iGA CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU No. 0 8 2 8 4 HONOLULU, HAWAII RESOLUTION BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. I E Y: DATE OF INTRODUCTION: 'AU G - 5 2008 Honolulu, Hawaii Councilmembers 2 CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 08-184 Introduced: 08/05/08 By. NESTOR GARCIA Committee: INTERGOVERNMENTAL AFFAIRS Title: RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL TRANSFERRING A PORTION OF THE FINES AND FORFEITURES FROM UNCONTESTED TRAFFIC INFRACTIONS TO THE COUNTIES. INTERGOVERNMENTAL 914108 CR-278 - RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. AFFAIRS COUNCIL 9/24/08 CR-278 AND RESOLUTION 08-184 WERE ADOPTED. APO Y CACHOLA. Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL Y OKINO Y TAM Y I hereby certify that the above is a true record of action by the Council of the City and County of Honolulu on this RESOLUTION. DENISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER Hawaii State Association of Counties Counties of Kauai, Maui, Hawaii and City and County of Honolulu e F NF~F RESOLUTION IN SUPPORT OF THE RECOVERY OF THE HAWAII STATE MAMMAL, THE CRITICALLY ENDANGERED ENDEMIC HAWAIIAN MONK SEAL WHEREAS, the Hawaiian Monk Seal, Monachus schauinslandi, is a critically endangered seal that is endemic to the waters off the Hawaiian Islands and was known to the native Hawaiians as `Ilio-holo-i-ha-uaua, or "dog that runs in rough waters"; and, WHEREAS, to raise awareness for the species' plight, the Hawaiian Monk Seal was declared Hawai`i's official State Mammal on June 11, 2008 by Lieutenant Governor James Aiona; and WHEREAS, the Hawaiian Monk Seals are among the most endangered species of all seals, although the Mediterranean Monk Seal is even rarer, and the CaribbeanMonk Seal, last sighted in the 1950s, was officially declared extinct in June 2008; and WHEREAS, the population of the Hawaiian Monk Seal continues to decline, and in 2008, it is estimated that only 1,200 remain throughout the world; and WHEREAS, human and environmental" factors such as habitat loss, competition for food supply, marine debris,bntanglement, disease, shark predation, and climate change have contributed to the species decline; and WHEREAS, Hawaiian Monk Seals are protected by the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), which listed the Hawaiian Monk Seal endangered in 1976; and rWHEREAS, the MMPA and ESA protect the species and the ecosystems upon which they depend, and individuals harming, harassing, taking or killing ;these animals are subject to fines of up to $50,000; and WHEREAS, these laws require that governmental agencies recover and prevent this species from going extinct; and WHEREAS, most of the Hawaiian Monk Seal population exists in the Northwest Hawaiian Islands (NWHI) where the seals are declining rapidly; and a iv eena ` ~ v„W I Page 2 WHEREAS, there are 100-150 seals found in the Main Hawaiian Islands and this subpopulation is increasing; and WHEREAS, the waters off Kauai and Niihau has the highest concentration of Hawaiian Monk Seals in the Main Hawaiian Islands; and WHEREAS, saving the Hawaiian Monk Seal from extinction requires developing government and private partnerships to raise public and visitor awareness about the response and recovery programs; and WHEREAS, the Hawaiian Monk Seal Recovery Plan, signed by the National Marine Fisheries Service NOAA Administrator on August 2007 requires a budget of approximately $7 million to adequately fund the recovery programs in this plan; and WHEREAS, the 2008 federal budget approved for the recovery plan was approximately $2.1 million, which may possibly receive an increase of up to $4 million; and WHEREAS, the ESA and MMPA require the State of Hawaii to write an Incidental Take Plan for mammals taken in commercial and recreational fisheries, to which includes adequate responses to fishing interactions and other harmful interactions and human disturbances; now, therefore, BE IT RESOLVED THAT THE HAWAII STATE ASSOCIATION OF COUNTIES, that it urges the Federal Administration and Congress to adequately fund the Hawaiian Monk Seal Recovery Plan with a budget of $7 million in 2010.. BE IT FURTHER RESOLVED, that the State of Hawaii adequately fund the Main Hawaiian Island Monk Seal Response and the Incidental Take Plan programs within the Department of Land and Natural Resources-Aquatics Division with a $1 million annual budget. BE IT FURTHER RESOLVED, that the four (4) counties of Hawaii partner with the appropriate Federal and State agencies to develop public awareness of the Hawaiian Monk Seal and develop a program for regulating human-seal interactions at State/County beaches and parks that monk seals frequent. BE IT FURTHER RESOLVED, that copies of this Resolution be transmitted to Carlos M. Gutierrez, the Secretary of Commerce; Vice Admiral Conrad C. Lautenbacher, Jr., Under Secretary of Commerce and NOAA Administrator; Jim Balsiger, Director, National Marine Fisheries Service, NOAA; U.S. Senator Daniel K. Inouye; U.S. Senator Daniel K. Akaka; U.S. Representative Neil Abercrombie; U.S. Representative Mazie K. Hirono; Hawaii State Governor Linda Lingle; Page 3 Hawaii State Senator Colleen Hanabusa; Hawaii State Representative Calvin K. Y. Say; Kauai County Mayor Bill "Kaipo" Asing; Honolulu City and County Mayor Mufi Hannemann; Maui County Mayor Charmaine Tavares; Hawaii County Mayor Harry Kim; Honolulu City Council Chair Barbara Marshall; Maui County Council Chair G. Riki Hokama; and Hawaii County Council Chair Pete Hoffmann. Introduced by: MEL RAPOZO President BOB JACOBSON Vice President NESTOR GARCIA Secretary JOSEPH PONTANILLA Treasurer NSY or `pJ ~G ROYT HIRAGA JEFFREY T. KUWADA County Clerk Deputy County Clerk ~ylE OF HP~P OFFICE OF THE COUNTY CLERK COUNTY OF MAUI 200 SOUTH HIGH STREET WAILUKU, HAWAII 96793 September 24, 2008 Honorable Mel Rapozo, President Hawaii State Association of Counties Executive Committee 4396 Rice Street, Room 206 Lihue, Hawaii 96766 Dear Sir: Respectfully transmitted is a copy of Committee Report No. 08-111, which was adopted by the Council of the County of Maui at its meeting held on September 23, 2008. Respectfully yours, YC~ HIRAG County Clerk /jym Enclosure t r COUNCIL OF THE COUNTY OF MAUI POLICY COMMITTEE September 23, 2008 Committee Report No. 08-111 Honorable Chair and Members of the County Council County of Maui Wailuku, Maui, Hawaii Chair and Members: Your Policy Committee, having met on September 2, 2008, makes reference to County Communication No. 07-10, from the Council Chair, relating to matters involving the Hawaii State Association of Counties (HSAC). Your Committee is in receipt of correspondence dated July 22, 2008, from Councilmember Joseph Pontanilla, HSAC Treasurer, transmitting a memorandum dated July 1, 2008, from HSAC President, Mel Rapozo, requesting that proposals for inclusion in the 2009 HSAC Legislative Package be submitted by October 1, 2008. Your Committee is in receipt of correspondence dated July 29, 2008, from your Committee's Chair, requesting that proposals for the 2009 HSAC Legislative Package be submitted by August 22, 2008. Your Committee is in receipt of the following proposals for consideration in the 2009 HSAC Legislative Package: 1. Correspondence dated July 30, 2008, from Councilmember Pontanilla, transmitting a proposed State bill entitled "A BILL FOR AN ACT RELATING TO HOUSING", and a justification sheet for the bill. The purpose of the proposed bill is to extend the 45-day window for a legislative body to approve, approve with modification, or disapprove an affordable housing project under Section 20111-38, Hawaii Revised Statutes, to 90 days. 2. Correspondence dated August 26, 2008, from the Council Chair, transmitting a proposed State bill entitled "A BILL FOR AN ACT RELATING TO PROCUREMENT", and a justification sheet for the bill. The purpose of the proposed bill is to remove 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. COUNCIL OF THE COUNTY OF MAUI POLICY COMMITTEE September 23, 2008 Committee Page 2 Report No. 08-111 3. Correspondence dated August 26, 2008, from your Committee Chair, transmitting a proposed State bill entitled "A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS", and a justification sheet for the bill. The purpose of the proposed bill is 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. Your Committee met with the First Deputy Corporation Counsel. There was no public testimony. Your Committee notes that the three proposals were included in the 2008 HSAC Legislative Package; however, none of the proposals were successful during the 2008 legislative session. Your Committee voted to approve the three proposals for inclusion in the 2009 HSAC Legislative Package. Your Policy Committee RECOMMENDS the following: 1. That the following proposals be APPROVED for inclusion in the 2009 HSAC Legislative Package: a. a proposed,bill entitled "A BILL FOR AN ACT RELATING TO HOUSING" and justification sheet; b. a proposed bill entitled "A BILL FOR AN ACT RELATING TO PROCUREMENT" and justification sheet; and c. a proposed bill entitled "A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS" and justification sheet; and 2. That a copy of this committee report be TRANSMITTED to the HSAC Executive Committee. . ' COUNCIL OF THE COUNTY OF MAUI POLICY COMMITTEE September 23, 2008 Committee Page 3 Report No. 08-111 Adoption of this report is respectfully requested. poLcr.08003 (5)aa:kmh COUNCIL OF THE COUNTY OF MAUI POLICY COMMITTEE September 23, 2008 Committee 08-111 Page 4 Report No. D NY A~TEE~, Chair BILL KAUAKE EDEIROS Member GeMKI HO A Vice-Chair MICHAEL J. MOL A Member ~~jjy~j~ /y~_ MIAHE jEANI E RSON Member JO H P NT LA Member GLADY C. B SA Member MICHAEL P. VICTORINO Member f ~ ''Jf.~lt./ /6NE JOHNSO ' Member COUNCIL OF THE COUNTY OF MAUI WAILUKU, HAWAII 96793 CERTIFICATION OF ADOPTION It is HEREBY CERTIFIED that COMMITTEE REPORT NO. 08-111 was adopted by the Council of the County of Maui, State of Hawaii, on the 23rd day of September, 2008, by the following vote: G. Riki Dennis A. Michelle Gladys C. JoAnne VAlllam J. Michael J. Joseph Michael P. MEMBERS HOKAMA MATEO ANDERSON SAISA JOHNSON MEDEIROS MOLINA PONTANILLA VICTORINO Chair Vice-Chair - ROLL CALL Aye Aye Excused Aye Aye Excused Aye Aye Aye I / N CLERK T ' LpUNiY OF~Q qo NDyO - 'p= OFFICE OF THE CITY CLERK CITY AND COUNTY OF HONOLULU • s'?rr 0O 41~ HONOLULU, HAWAII 96813-3077 /TELEPHONE 768-3810 DENISE C. DE COSTA CITY CLERK September 26, 2008 Mr. Mel Rapozo, President Hawaii State Association of Counties 4396 Rice Street, Suite 206 Lihue, HI 96766 Dear Mr. Rapozo: This is to inform you that Resolution 08-183, CD1, urging the Hawaii State Legislature to appropriately amend the Hawaii Revised Statutes to require that nomination papers for elective office be obtained at least 24 hours prior to the filing deadline, was adopted by the Council of the City and County of Honolulu at its meeting on Wednesday, September 24, 2008. Sincerely, DENISE C. DE COSTA City Clerk he Attachment CITY COUNCIL I CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII No. 08-183, CD1 RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO APPROPRIATELY AMEND THE HAWAII REVISED STATUTES TO REQUIRE THAT NOMINATION PAPERS FOR ELECTIVE OFFICE BE OBTAINED AT LEAST 24 HOURS PRIOR TO THE FILING DEADLINE. WHEREAS, Section 12-2.5, Hawaii Revised Statutes (HRS) provides that "[n]omination papers shall be made available from the first working day of February in every even-numbered year; provided that in the case of a special primary or special election, nomination papers shall be made available at least ten days prior to the close of filing"; and WHEREAS, since there is no statutory deadline by which a person seeking candidacy for elective office must obtain nomination papers, such papers may currently be obtained until the filing deadlines imposed under Section 12-6, HRS; and WHEREAS, during the 2008 nomination period, there were news accounts of people obtaining nomination papers within 30 minutes of the filing deadline, leading to chaos and controversy as they attempted to file the nomination papers prior to the statutory deadline; and WHEREAS, requiring nomination papers to be obtained no later than 24 hours prior to the filing deadline would help to avoid chaos and controversy caused by last minute filings of nomination papers; and WHEREAS, the city clerk is responsible for managing the election filing process and last minute filings can create a substantial burden on the city clerk's office; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that the Hawaii state legislature is urged to appropriately amend the Hawaii Revised Statutes to require that nomination papers for elective office be obtained at least 24 hours prior to the filing deadline; and BE IT FURTHER RESOLVED that the Hawaii State Association of Counties is requested to consider including in the 2009 HSAC legislative package a measure to amend state law to require that nomination papers for elective office be obtained at least 24 hours prior to the filing deadline; and OCS/091208/04:21/HM 1 I. ' CITY COUNCIL I CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII No. _ 08-183. CD1 RESOLUTION BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the governor, all members of the Hawaii state house of representatives and Hawaii state senate, the chief election officer, and the president of the Hawaii State Association of Counties. INTRODUCED BY: Charles Diou DATE OF INTRODUCTION: August 5. 2008 Honolulu, Hawaii Councilmembers 2 CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 08-183, CD1 Introduced: 08105/08 By: CHARLES DJOU Committee: INTERGOVERNMENTAL AFFAIRS Title: RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO APPROPRIATELY AMEND THE HAWAII REVISED STATUTES TO REQUIRE THAT NOMINATION PAPERS FOR ELECTIVE OFFICE BE OBTAINED AT LEAST 24 HOURS PRIOR TO THE FILING DEADLINE. ~.a INTERGOVERNMENTAL 9/4/08 CR-277 AND RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION IN AFFAIRS CD1 FORM. COUNCIL 9/24108 CR-277 AND RESOLUTION AS AMENDED (RES08-183, CD1) WERE ADOPTED. APO Y CACHOLA Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL Y OKINO Y TAM Y I hereby certify that the above Ise /true record of action by the Council of the City andd/C)ou/nty of Honolulu on this RESOLUTION. DENISE C. DE COSTA, CITY CLERK SA ARA MARSHALL. CHAIR AND PRESIDING OFFICER I ' PO CVUNTY VT. LOyO H Q~ OFFICE OF THE CITY CLERK CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII 96813-3077 / TELEPHONE 768-3810 DENISE C. DE COSTA CITY CLERK September 26, 2008 Mr. Mel Rapozo, President Hawaii State Association of Counties 4396 Rice Street, Suite 206 Lihue, HI 96766 Dear Mr. Rapozo: This is to inform you that Resolution 08-184, relating to the inclusion in the 2009 Hawaii State Association of Counties Legislative package of.a proposal transferring a portion of the fines and forfeitures from uncontested traffic infractions to the counties, was adopted by the Council of the City and County of Honolulu at its meeting on Wednesday, September 24, 2008. Sincerely, D 0, DENISE C. DE COSTA City Clerk he Attachment CITY COUNCIL f T CITY AND COUNTY OF HONOLULU NO. HONOLULU, HAWAII RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL TRANSFERRING A PORTION OF THE FINES AND FORFEITURES FROM UNCONTESTED TRAFFIC INFRACTIONS TO THE COUNTIES. WHEREAS, the counties are responsible for the enforcement of the Statewide Traffic Code (Chapter 291 C, Hawaii Revised Statutes) and county traffic ordinances; and WHEREAS, the cost to the counties of enforcing the state and county traffic laws and prosecuting violators is substantial and presently paid mainly from county general funds and highway funds; and WHEREAS, all fines and forfeitures from the state and county traffic violations, however, are paid to the state and used as state general fund revenues; and WHEREAS, none of the fines and forfeitures are transmitted to the counties despite their enforcement and prosecution efforts; and WHEREAS, the council understands that a substantial portion of the traffic fines and forfeitures received by the state are derived from uncontested infractions; and WHEREAS, the council also understands that the state judiciary does not have to make substantial expenditures of state funds to collect the uncontested fines and forfeitures; and WHEREAS, transferring to the counties a portion of the uncontested traffic fines and forfeitures would be equitable and assist the counties in funding the cost of enforcing state and county traffic laws and prosecuting violators; and WHEREAS, approval by all the counties is required to include a proposal in the 2009 HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2009 HSAC legislative package a proposal, attached as Exhibit A, that would transfer a portion of the fines and forfeitures from uncontested traffic infractions to the counties; and OCS/080508/09:23/CT 1 IGA CITY COUNCIL f CITY AND COUNTY OF HONOLULU No. 8 4 HONOLULU, HAWAII RESOLUTION BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. E Y: o DATE OF INTRODUCTION: AUG ° 2008 Honolulu, Hawaii Councilmembers 2 EXHIBIT A .B. NO. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The Hawaii Revised Statutes is amended by 2 adding a new chapter to be appropriately designated and to read 3 as follows: 4 "CHAPTER 5 TRANSMITTAL OF UNCONTESTED TRAFFIC FINES 6 AND FORFEITURES TO COUNTIES 7 § -1 Definitions. For purposes of this chapter, unless 8 the context clearly requires otherwise: 9 "Traffic infractions" means the same as defined under 10 section 291D-2. 11 "Uncontested traffic infraction" means a traffic infraction 12 for which the person noticed under section 291D-5 does not 13 contest the infraction. A person "does not contest" an 14 infraction if, in accordance with section 291D-6(b)(1), the 15 person admits the commission of the infraction without HSAC unadjudi.cated.gk Page 2 . B. NO. 1 requesting a hearing to explain mitigating circumstances and 2 pays or remits bail forfeiture by mail within thirty days. 3 § -2 Transmittal of fines and forfeitures. (a) The state 4 director of finance shall transmit to each county not more than 5 thirty days after the end of each fiscal quarter per cent of 6 all the fines and forfeitures collected for uncontested traffic 7 infractions committed in that county which are in excess of 8 amounts required by the State.to pay the administrative costs of 9 the traffic violations bureau. 10 (b) Subsection (a) shall not apply to: 11 (1) Fines and forfeitures for violations that occur on 12 state off-street parking facilities, parks, airports, 13 and harbors that are subject to enforcement by the 14 State; and 15 (2) Fines and forfeitures that are required by law to be 16 paid into a special, revolving, or trust fund. 17 No county shall be entitled to any portion of the fines and 18 forfeitures described in this subsection." 19 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is 20 amended by amending subsection (a) to read as follows: 21 "(a) All fines and forfeitures collected upon conviction or 22 upon the forfeiture of bail of any person charged with a HSAC unadjudicated.gk Page 3 B. NO. 1 violation of any section or provision of the state traffic laws 2 and all assessments collected relating to the commission of 3 traffic infractions shall be paid to the director of finance of 4 the State. 5 The judiciary shall identify those uncontested traffic 6 infractions as defined in section -l. The disposition of 7 fines and forfeitures paid to the state director of finance 8 shall be subject to section -2." 9 SECTION 3. New statutory material is underscored. 10 SECTION 4. This Act shall take effect on July 1, 2009. 11 INTRODUCED BY: HSAC unadjudicated.gk JUSTIFICA'T'ION SHEET PROPOSER: I-lawaii State Association of Counties TITLE: RELATING TO TRAFFIC INFRACTIONS PURPOSE: To require the State to transfer a portion of the fines and forfeitures collected for uncontested traffic infractions to the county in which the violations occurred. MEANS: Create a new chapter, "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 Statewide Traffic Code are paid solely to the State. Traffic citations are issued by police officers whose costs, including salaries, equipment, and administrative support, are funded by the counties. Allowing each county to receive the fines and forfeitures generated as a result of county enforcement of traffic laws is fair and will provide the counties a much-needed modicum of financial relief from the State. The measure specifically excludes those fines and forfeitures accruing from State-enforced violations, which do not involve the expenditure of County resources. When traffic violations remain uncontested, there is no need to resort to the State courts. The burden on State-funded personnel and resources is, therefore, minimized. The bill seeks solely to have those fines and forfeitures paid by offenders without contest transferred to the county in which the infraction occurred. Authorizing the counties to collect such fines and forfeitures would provide the counties with a dedicated revenue source and diversify the counties' revenue bases. As a result, the measure would help to stabilize the counties' budgets and promote the viability of the counties' public services, including the provision of traffic-safety improvements. CITY COUNCIL " CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 08-184 Introduced: 08/05/08 By: NESTOR GARCIA Committee: INTERGOVERNMENTAL AFFAIRS Title: RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL TRANSFERRING A PORTION OF THE FINES AND FORFEITURES FROM UNCONTESTED TRAFFIC INFRACTIONS TO THE COUNTIES. INTERGOVERNMENTAL 9/4/08 CR-278 - RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. AFFAIRS COUNCIL 9/24/08 CR-278 AND RESOLUTION 08-184 WERE ADOPTED. APO Y CACHOLA Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL Y OKINO Y TAM Y I hereby certify that the above is a true record of action by the Council of the City and County of Honolulu on this RESOLUTION. DENISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER ~,UNTYO , = P OFFICE OF THE CITY CLERK CITY AND COUNTY OF HONOLULU °f HONOLULU, HAWAII 96813-3077 /TELEPHONE 768-3810 DENISE C. DE COSTA CITY CLERK September 26, 2008 Mr. Mel Rapozo, President Hawaii State Association of Counties 4396 Rice Street, Suite 206 Lihue, HI 96766 Dear Mr. Rapozo: This is to inform you that Resolution 08-201, relating to the inclusion in the 2009 Hawaii State Association of Counties legislative package of a proposal providing the counties the authority to conduct criminal history record checks on taxicab drivers and applicants for taxicab driver's certificates, was adopted by the Council of the City and County of Honolulu at its meeting on Wednesday, September 24, 2008. Sincerely, 60.x. 0. DENISE C. DE COSTA City Clerk he Attachment CITY COUNCIL P CITY AND COUNTY OF HONOLULU NO. A - 2 0 HONOLULU, HAWAII RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL PROVIDING THE COUNTIES THE AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD CHECKS ON TAXICAB DRIVERS AND APPLICANTS FOR TAXICAB DRIVER'S CERTIFICATES. WHEREAS, a key part of the statewide transportation system, the taxicab industry transports thousands of passengers each day; and WHEREAS, taxicab passengers may be young unaccompanied children, the elderly, and tourists who expect that the drivers are trustworthy and possess high moral character; and WHEREAS, Section 12-1.9(c)(4), Revised Ordinances of Honolulu requires that no taxicab driver's certificate shall be issued to any person unless such person has complied with the standards promulgated by the director of customer services relating to the moral character and physical fitness of the applicant based on prior records or certified documents relative thereto; and WHEREAS, the disclosure of federal and out-of-state convictions may only be obtained through the United States Department of Justice, Federal Bureau of Investigations and is restricted by Public Law 92-184, 85 Stat. 627, 642 (1971) from disclosure of criminal history information to state and local governments unless authorized by state statute and approved by the attorney general; and WHEREAS, the Hawaii Revised Statutes do not currently authorize criminal history record checks on taxicab drivers and applicants for taxicab driver's certificates; and WHEREAS, approval by all the counties is required to include a proposal in the 2009 HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2009 HSAC legislative package a proposal, attached as Exhibit A, that would allow counties to conduct criminal history record checks on taxicab drivers and applicants for taxicab driver's certificates; and OCS/082708/02:04/CT 1 IGA CITY COUNCIL f + CITY AND COUNTY OF HONOLULU No. (p Q _ HONOLULU, HAWAII RESOLUTION BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. INT UC DATE OF INTRODUCTION: AUG 2 8 2008 Honolulu, Hawaii Councilmembers 2 EXHIBIT A B. NO. A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 846-2.7, Hawaii Revised Statutes, is 2 amended by amending subsection (b) to read as follows: 3 "(b) Criminal history record checks may be conducted by: 4 (1) The department of health on operators of adult foster 5 homes or developmental disabilities domiciliary homes 6 and their employees, as provided by section 333F-22; 7 (2) The department of health on prospective employees, 8 persons seeking to serve as providers, or 9 subcontractors in positions that place them in direct 10 contact with clients when providing non-witnessed 11 direct mental health services as provided by section 12 321-171.5; 13 (3) The department of health on all applicants for 14 licensure for, operators for, and prospective 15 employees, and volunteers at one or more of the 16 following: skilled nursing facility, intermediate 17 care facility, adult residential care home, expanded HSAC criminal taxi.gk Page 2 B. NO. 1 adult residential care homes, assisted living 2 facility, home health agency, hospice, adult day 3 health center, special treatment facility, therapeutic 4 living program, intermediate care facility for the 6 mentally retarded, hospital, rural health center and 6 rehabilitation agency, and, in the case of any of the 7 above-related facilities operating in a private 8 residence, on any adult living in the facility other 9 than the client as provided by section 321-15.2; 10 (4) The department of education on employees, prospective 11 employees, and teacher trainees in any public school 12 in positions that necessitate close proximity to 13 children as provided by section 302A-601.5; 14 (5) The counties on employees and prospective employees 16 who may be in positions that place them in close 16 proximity to children in recreation or child care 17 programs and services; 18 (6) The county liquor commissions on applicants for liquor 19 licenses as provided by section 281-53.5; 20 (7) The department of human services on operators and 21 employees of child caring institutions, child placing HSAC criminal taxi.gk Page 3 B. NO. 1 organizations, and foster boarding homes as provided 2 by section 346-17; 3 (8) The department of human services on prospective 4 adoptive parents as established under section 5 346-19.7; 6 (9) The department of human services on applicants to 7 operate child care facilities, prospective employees 8 of the applicant, and new employees of the provider 9 after registration or licensure as provided by section 10 346-154; 11 (10) The department of human services on persons exempt 12 pursuant to section 346-152 to be eligible to provide 13 child care and receive child care subsidies as 14 provided by section 346-152.5; 15 (11) The department of human services on operators and 16 employees of home and community-based case management 17 agencies and operators and other adults, except for 18 adults in care, residing in foster family homes as 19 provided by section 346-335; 20 (12) The department of human services on staff members of 21 the Hawaii youth correctional facility as provided by 22 section 352-5.5; HSAC criminal taxi.gk Page 4 , B. NO. 1 (13) The department of human services on employees, 2 prospective employees, and volunteers of contracted 3 providers and subcontractors in positions that place 4 them in close proximity to youth when providing 5 services on behalf of the office or the Hawaii youth 6 correctional facility as provided by section 352D-4.3; 7 (14) The judiciary on employees and applicants at detention 8 and shelter facilities as provided by section 571-34; 9 (15) The department of public safety on employees and 10 prospective employees who are directly involved with 11 the treatment and care of persons committed to a 12 correctional facility or who possess police powers 13 including the power of arrest as provided by section 14 353C-5; 15 (16) The department of commerce and consumer affairs on 16 applicants for private detective or private guard 17 licensure as provided by section 463-9; 18 (17) Private schools and designated organizations on 19 employees and prospective employees who may be in 20 positions that necessitate close proximity to 21 children; provided that private schools and designated 22 organizations receive only indications of the states HSAC criminal taxi.gk Page 5 . B. NO. 1 from which the national criminal history record 2 information was provided as provided by section 3 302C-1; 4 (18) The public library system on employees and prospective 5 employees whose positions place them in close 6 proximity to children as provided by section 302A- 7 601.5; 8 (19) The State or any of its branches, political 9 subdivisions, or agencies on applicants and employees 10 holding a position that has the same type of contact 11 with children, dependent adults, or persons committed 12 to a correctional facility as other public employees 13 who hold positions that are authorized by 'law to 14 require criminal history record checks as a condition 15 of employment as provided by section 78-2.7; 16 (20) The department of human services on licensed adult day 17 care center operators, employees, new employees, 18 subcontracted service providers and their employees, 19 and adult volunteers as provided by section 346-97; 20 (21) The department of human services on purchase of 21 service contracted and subcontracted service providers 22 and their employees serving clients of the adult and HSAC criminal taxi.gk Page 6 B. NO. 1 community care services branch, as provided by section 2 346-97; 3 (22) The department of human services on foster grandparent 4 program, senior companion program, and respite 5 companion program participants as provided by section 6 346-97; 7 (23) The department of human services on contracted and 8 subcontracted service providers and their current and 9 prospective employees that provide home and community- 10 based services under Section 1915(c) of the Social 11 Security Act (42 U.S.C. §1396n(c)), as provided by 12 section 346-97; [ate] 13 (24) The county agencies responsible for taxicab regulation 14 on taxicab drivers and applicants for taxicab driver's 15 certificates; and 16 [(2-4) (25) Any other organization, entity, or the State, 17 its branches, political subdivisions, or agencies as 18 may be authorized by state law." 19 SECTION 2. Statutory material to be repealed is bracketed 20 and stricken. New statutory material is underscored. 21 SECTION 3. This Act shall take effect upon its approval. 22 INTRODUCED BY: HSAC criminal taxi.gk JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES PURPOSE: To allow the counties to conduct criminal history record checks on taxicab drivers and applicants for taxicab driver's certificates. MEANS: Amend section 846-2.7, Hawaii Revised Statutes by amending subsection (b). JUSTIFICATION: Criminal history record checks are authorized to be conducted on individuals in sensitive positions in government agencies, government contractors, and government regulated businesses. The intent of conducting criminal history record checks in certain areas of employment is to protect vulnerable members of the public from harm that may be perpetrated by criminal offenders against them. These members of the public include children and the elderly. The taxicab industry is part of the statewide transportation system and taxicab passengers, including children, the elderly, and tourists, reasonably expect that the drivers are trustworthy. Allowing the county agencies that regulate the taxicab industry to conduct criminal history record checks on drivers will ensure proper vetting of applicants for taxicab driver's certificates. This measure will increase the level of protection the public expects from potential criminal acts. CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 08-201 Introduced: 08/28/08 By: NESTOR GARCIA Committee: INTERGOVERNMENTAL AFFAIRS Title: RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A PROPOSAL PROVIDING THE COUNTIES THE AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD CHECKS ON TAXICAB DRIVERS AND APPLICANTS FOR TAXICAB DRIVER'S CERTIFICATES. rags M%691 ~ huvi , .rm ~.--+a• ' :,~..t,_ ~'i INTERGOVERNMENTAL 9/4/08 CR-281 - RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. AFFAIRS COUNCIL 9/24/08 CR-281 AND RESOLUTION 08-201 WERE ADOPTED. APO Y CACHOLA Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL Y OKINO Y TAM Y I hereby certify that the above is a true record of action by the Council of the City and Count' of Honolulu on this RESOLUTION. DENISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER q LpUNTYpIIQ~ , OFFICE OF THE CITY CLERK e CITY AND COUNTY OF HONOLULU s'vrE^y,`~4, HONOLULU, HAWAII 96813-3077 /TELEPHONE 768-3810 DENISE C. DE COSTA CITY CLERK September 26, 2008 Mr. Mel Rapozo, President Hawaii State Association of Counties 4396 Rice Street, Suite 206 Lihue, HI 96766 Dear Mr. Rapozo: This is to inform you that Resolution 08-206, FD1, relating to the inclusion in the 2009 Hawaii State Association of Counties legislative package of a resolution relating to cable tv public access programming, was adopted by the Council of the City and County of Honolulu at its meeting on Wednesday, September 24, 2008. Sincerely, DENISE C. DE COSTA City Clerk he Attachment 4 CITY COUNCIL ! CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII NO. 08-206, FD1 RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A RESOLUTION RELATING TO CABLE TV PUBLIC ACCESS PROGRAMMING. WHEREAS, government access programming is available to the residents of each county of the state through the public, educational, and governmental ("PEG') access organizations: Olelo Community Television; Akaku: Maui Community Television; Hoike: Kauai Community Television; and Na Leo O Hawaii; and WHEREAS, the department of commerce and consumer affairs requires a cable franchise fee from the local cable operator, as authorized by the federal Cable Communications Act of 1984, a portion of which is passed on to PEG access organizations; and WHEREAS, the cable franchise fee required by the department of commerce and consumer affairs is a charge passed on by the local cable operator to cable customers through their cable bills; and WHEREAS, the Honolulu City Council currently uses general fund money, taken from property taxes and other sources, to execute a contract with a private television production company to produce council proceedings for broadcast on Olelo; and WHEREAS, the public effectively is taxed twice to view government programming by paying property taxes and by paying their cable bills which include a charge to cover the cable franchise fee; and WHEREAS, since 1998, the Hawaii Educational Network Consortium ("HENC"), representing public and private primary, secondary and higher educational institutions, has entered into an agreement with Olelo in which HENC has control of and awards the portion of the franchise fees collected for educational purposes to various educational programming projects; and WHEREAS, the production of council proceedings should be funded with the portion of the franchise fees collected for government programming; and WHEREAS, the HENC agreement with Olelo, as approved by the department of commerce and consumer affairs, to provide educational programming may provide a model for all counties to negotiate directly with PEG access organizations to receive a portion of cable franchise fees collected for government programming; and OCS/090908/08:27/CT 1 j;. CITY COUNCIL + - CITY AND COUNTY OF HONOLULU NO. OH-2OB, FD1 HONOLULU, HAWAII RESOLUTION WHEREAS, approval by all the counties is required to include a proposal in the 2009 HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approves for inclusion in the 2009 HSAC legislative package a resolution, attached as Exhibit A, urging the department of commerce and consumer affairs to assist the counties in negotiating agreements with PEG access organizations for a portion of the franchise fees collected for the purpose of government programming; and BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. INTRODUCED BY: Nestor Garcia DATE OF INTRODUCTION: August 28. 2008 Honolulu, Hawaii Councilmembers 2 EXHIBIT A .C.R. NO. CONCURRENT RESOLUTION URGING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS TO ASSIST THE COUNTIES IN NEGOTIATING AGREEMENTS WITH PEG ACCESS ORGANIZATIONS FOR A PORTION OF CABLE FRANCHISE FEES. 1 WHEREAS, Section 440G-8.2(f), Hawaii Revised Statutes, 2 states that cable operators shall designate three or more 3 channels for public, educational, or governmental use, and 4 Hawaii Administrative Rules section 16-131-34 states that each 5 cable operator shall maintain at least one specially designated 6 channel for government use; and 7 8 WHEREAS, government access programming is available to the 9 residents of each county of the State through the public, 10 educational, and governmental ("PEG") access organizations: 11 Olelo Community Television; Akaku: Maui Community Television; 12 Hoike:.Kauai Community Television; and Na Leo 0 Hawaii; and 13 14 WHEREAS, the department of commerce and consumer affairs 15 requires a cable franchise fee from the local cable operators, 16 as authorized by the federal Cable Communications Act of 1984, a 17 portion of which is passed on to PEG access organizations; and 18 19 WHEREAS, the cable franchise fee required by the department 20 of commerce and consumer affairs is a charge passed on by the 21 local cable operators to cable customers through their cable 22 bills; and 23 24 WHEREAS, the county councils currently use their counties' 25 general fund money, taken from property taxes and other sources, 26 to execute contracts with private television production 27 companies to produce council proceedings for broadcast through 28 PEG access organizations; and R08-206 FD1.GK Page 2 . V. 1 NO. O. 1 2 WHEREAS, the public effectively is taxed twice to view 3 government programming by paying property taxes and by paying 4 their cable bills which include a charge to cover the cable 5 franchise fee; and 6 7 WHEREAS, since 1998, the Hawaii Educational Network 8 Consortium ("HENC"), representing public and private primary, 9 secondary and higher educational institutions, has entered into 10 an agreement with Olelo in which HENC has control of and awards 11 the portion of the franchise fees collected for educational 12 purposes to various educational programming projects; and 13 14 WHEREAS, the production of council proceedings qualify for 15 and should be funded with the portion of the franchise fees 16 collected for government programming; and 17 18 WHEREAS, the HENC agreement with Olelo, as approved by the 19 department of commerce and consumer affairs, to provide 20 educational programming may provide a model for counties to 21 negotiate directly with PEG access organizations to receive a 22 portion of cable franchise fees collected for government 23 programming, thereby avoiding the use of property tax money for 24 production of government programming, including council 25 proceedings; now, therefore, 26 27 BE IT RESOLVED by the the 28 concurring, that the department of commerce and consumer affairs 29 is urged to assist counties in negotiating agreements with PEG 30 access organizations for a portion of the franchise fees 31 collected for the purpose of government programming; and 32 33 R08-206 FD1.GK Page 3 . ^ . R. NO. 1 BE IT FURTHER RESOLVED that certified copies of this 2 Concurrent Resolution be transmitted to the director of commerce 3 and consumer affairs, the governor, the mayor and council chair 4 of Hawaii County, the mayor and the council chair of the City 5 and County of Honolulu, the mayor and council chair of Kauai 6 County, the mayor and council chair of Maui County, and local 7 PEG access organizations: Olelo Community Television; Akaku: 8 Maui Community Television; Hoike: Kauai Community Television; 9 and Na Leo 0 Hawaii. 10 11 12 OFFERED BY: J R08-206 FD1.GK . CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 08-206, FD1 Introduced: 08/28/08 By: NESTOR GARCIA Committee: INTERGOVERNMENTAL AFFAIRS Title: RESOLUTION RELATING TO THE INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE OF A RESOLUTION RELATING TO CABLE TV PUBLIC ACCESS PROGRAMMING. r~.t}'4~CS,..,~.'~~ ~ ~ v ~ ' M w „ct Y~ 3 Fjc=~'~F~~ INTERGOVERNMENTAL 914/08 CR-284 - RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. AFFAIRS COUNCIL 9/24/08 CR-284 ADOPTED. RESOLUTION AMENDED TO FD1 ON THE COUNCIL FLOOR AND SUBSEQUENTLY ADOPTED, AS AMENDED (RESOLUTION 08-206, FD1) APO Y CACHOLA Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL Y OKINO Y TAM Y I hereby certify that the above Is a true record of action by the Council of the City and County of Honolulu on this RESOLUTION. DENISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER .o~c~ NiY Os CITY COUNCIL P!i fC~ 1 O~~ wl'- CITY AND COUNTY O F H O N O L U L U H O N O L U L U. H A W A I I 9 8 8 1 3- 3 0 6 5 ~ °f~ar xP~ Council Administrative Support Services Tel,p6ow, (808) 764.30U Faaimilu (808) 768-3011 C, C October 6, 2008 =a The Honorable Mel Rapozo Councilmember and HSAC President o Kauai County Council 4396 Rice Street, Room 206 Lihue, Kauai, Hawaii 96766 Dear Councilmember Rapozo: This letter is to transmit Check No. 70000050 for $7,234.37 from the Aloha Pacific Federal Credit Union (APFCU) made payable to the Hawaii State Association of Counties. The aforementioned sum represents net proceeds from the HSAC 2008 Annual Conference that the City Council, City and County of Honolulu, hosted in June 2008. Included in the amount is the return of $1,000.00 in HSAC "seed money" that was advanced in order for "Savings" and "Checking" accounts to be opened. Also attached are: a... Exhibit 1. Two confirmation receipts that substantiate the transfer of the "Checking" balance to "Savings" (to consolidate the funds prior to the closing of the accounts) and the subsequent zeroing of the "Savings" balance for the issuance of Check No. 70000050. b... Exhibit 2. Five monthly statements from the APFCU that span May 2008 to September 2008 (no earned interest for October 1, 2008, the closing date). c... Exhibit 3. A fiscal report that recaps available funds and expenses and whose net amount matches the figure on the check being transmitted. Page 2 1 will be present at the next HSAC Executive Committee Meeting should you or any of the members have questions. Sincerely yours, Clayton Wong, Fiscal Officer Honolulu City Council attachments cc: The Honorable Bob Jacobson, Councilmember & HSAC Vice-President The Honorable Joseph Pontanilla, Councilmember & HSAC Treasurer The Honorable Nestor Garcia, Councilmember & HSAC Secretary Gavin Kennedy, Legislative Analyst, Council Services r r LO %r tr) B 1 LO B P) O O O B O N a C) 6 C 9 N r O t` Irr dy Q 6 n Y (T) ¦ N 6 s i CD ID 0 t P O r N U 00 ! a 1 x r 6 .1 I I v w _B i F I A~ - f ~L iFi N 4 < 3 i 1 i i Ul ik f0 < - •rF 4. ? N C ''s C 2 M ` 4 4r Y. In c U I 01 .-1 W O Q ~ -3- ~ a kv OF L) G Ln 'S CD 4J 0 /yC'd W a CC 'Y W W N o I O ~ x a CD 'O UI N U) 4j ,U 'CUM 00 r 6 + c ~~y.1 o v ~.rn r c C U f0 c M, 4 p O 7 C Y Im y W rf+ ..7 W wa OW •-1 I CL 3 y. O U S U E U L W W o My st { r-'G Exhibit 1 I , r 6¢ L b M II 6 w F- 11 6 M G E M II m O N it ~ m m U m ~ 11 1 m m a n c O a u L 11 N co N m a r b d 6 c N C N ' i O i }.~7 S. Q U)) wN i ON.~7)~Zb a m S- a o as Ix 2 a Y •-I U o N i G' _ 2 ID w a a a c'' _ ' v o # a N U- r c * ar u Q * + S. c m co .0 c M Ir: mYN * U,z M U G f to m ..U G ms+ 3 a rd I R1•+ Q 7 C C Y N in = 0 3 2 u D O - (tip ¦ U m -7 t U d Q am U Z .0 m E a E n 11 1l a M I: II m V7 6 Q S. N M II M i U> M 11 m CO m a I- II a ' N N a'0 w M II 7 u- Q M II m m~N c x co II M c co II ^ N O a IT 11 m 6 U c i 0 a .aa. II n y 11 1 11 11 a .....r 7 II 3 c C U it C z If Q II Q 11 N co N y M CZ) M M Q C m y C N ' O N a - N m 4- 2 i o N M a a - C A i~ 2 S .aa a U ¦ c Iii t+ a r U b ~D ~ E 3 a a * ce a W CL I+- CD El m m * U) z G c # U U 3 u c E Ti Y N N i' d Y N a ^`ti~, U c rn~ w R c is a m Q 7 C N CO 7 Y N N CS U N ti S. a U L 5 i U a t a= Q a UI H Z Q a u I- Z Exhibit 2 o6 Pacific FEDERAL CREDIT UNION Member No. I Statement Date Page 832 Sour HOTEL STREET I HONOLULU, HwwAll 9681; XXXXXXX674 Thru 05131/08 1 of 2 Phone: (808) 531-3711 Branch: Main ~LUUOII Checldng c $ 13,50731 1 Regular Savings $ 250.17 HSAC 2008 ANNUAL CONFEREN C/O CITY COUNCIL- CLAYTON WONG 530 SOUTH KING ST ROOM 202N HONOLULU HI 96813 Hot Summer, Cool Deal t Ready to Upgrade" KalaRewards Checking is one of the hottest products Save money this * in Hawaii. Ask about our summer with our coo! deals and other Home Equity Loans! member benefits today. Membership required, while supplies last. See branch for details. Membership & credit approval required. See branch for details. 13rrEnlag Totpi Tildafg ~YT4a[5tadend" 8atattce. 134pesNs, Wilhdrawais 8alanoa $ 0.00 $ 13 507.31 $ 0.00 $ 13 507.31 $ 2.31 Joint Owner(s): Colleen M. Tamaye, Nanette A Saito Transaction Date Transaction Description Deposit Withdrawal Balance 04128/08 Balance Forward ( 0.00 05/07/08 Deposit 750.00 750.00 05/09/08 Deposit 2,970.00 3,720.00 05/19/08 Deposit 1,650.00 5,370.00 05/22/08 Deposit 3,845.00 9,215.00 05/27/08 Deposit 4,290.00 13,505.00 05/31/08 Dividend 2.31 13,507.31 Annual Percentage Yield Earned 0.50% From 05/07/08 Thru 05131/08 on an Average Daily Balance of $ 6,736.40. Regular Savings I Begtnning Total , TotAl ,"•Entl'dLg Y7'.isOtdide "atarce, .r; tleposOs ,Lrifhtlra+als "6alante,,, $ 0.00 $ 250.17 $ 0.00 $ 250.17 $ 0,17 Joint Owner(s): Nanette A Saito, Colleen M. Tamaye Transaction Date Transaction Description Deposit Withdrawal Balance 04/28/08 Balance Forward 0.00 05/07/08 Deposit 250.00 250.00 05/31/08 I Dividend 0.17 25017 Annual Percentage Yield Earned 1.00% From 05/07/08 Thru 05131/06 on an Average Daily Balance of $ 250.00. Member No. Statement Date Page XXXXXXX674 Thru 05/31/08 2 of 2 Branch: Main ,ccount Balance Summaries Savings $ 250.17 Checking $ 13,507.31 Aloha Pacific` FEDERAL CREDIT UNION Member No. Statement Date I Page 832 SOUTH HoTEt STREET I HONOLULU, HAWAII 96E13 XXXXXXX674 Thru 06/30/08 1 of 2 Phone: (808) 531-3711 Branch: Main I~a3Ta71RiZ1e 1 C 9 Idng $ 27,579.67 1 Re ular Savings $ 250.37 HSAC 2008 ANNUAL CONFEREN C/O CITY COUNCIL- CLAYTON WONG 530 SOUTH KING ST ROOM 202N HONOLULU HI 96813 ESTATE PLANNING SEMINAR Go to your nearest Sprint store and tell them you're a credit August 7, 2008 union member and get great deals! Ala Moana Hotel, Carnation Roam 9:00 a.m. Registration - 10% off regJady priced Spdnl 8 Nealel service pans 9:30-10:30 a.m. Presentation - - Waived activation fee on new scflva8ons -Available to new a emeting customers Sprint' Free with $10 deposit (refunded at door). Continental Breakfast, HAWAII Ample Parking. Seating is limited. Call Kathy at 539-0193. Misit SprintSave4CU.com for details. Checking I Tii09 FiotdK Futat 'fndaa3 s a .::.BakAC! < Y T{1T}iYtdeHd$ be{eOSitf: alft4f.+1LY8f4 ~~ataht s t M.. $13,507.31 $ 21,790.99 $ 7,718.63 $ 27,579.67 $ 13.30 Joint Owner(s): Colleen M. Tamaye, Nanette A Saito Transaction Date Transaction Description Deposit Withdrawal Balance 06/01108 Balance Forward 13,507.31 06/02/08 Deposit 5,105.00 18,612.31 06102/08 Deposit 3,905.00 22,517.31 06/16/08 Deposit 2,650.00 25,167.31 06/16/08 Deposit 4,800.00 29,967.31 06/16/08 Deposit.- 4,275.00 34,242.31 09!16&06. Deposit 525.00 V,7V.31 06120108 Paid Check #104 Sequence #5012486 -14.30 34,753.01 06/20/08 Paid Check #103 Sequence #31005694 -80.00 34,673.01 06123108 Paid Check #102 Sequence #31004802 -600.00 34,073.01 06123/08 Paid Check #101 Sequence #31015592 -1,686.37 32,386.64 06/24/08 Deposit 520.00 32,906.64 06/24108 Paid Check #106 Sequence #99400390 -302.39 32,604.25 06125/08 Paid Check #108 Sequence #31030708 -430.72 32,173.53 06/25108 Paid Check #105 Sequence #31027220 -500.00 31,673.53 06/25108 I Paid Check #107 Sequence #31030706 4,104.85 27,568.68 06/30/08 Dividend 10.99 27,579.67 Annual Percentage Yield Earned 0.50% From 06101/08 Thru 06/30108 on an Average Daily Balance of $ 26,741.36. Cleared Check Recap: CHECK# AMOUNT CHECK# AMOUNT CHECK# AMOUNT CHECK# AMOUNT 101 1,686.37 103 80.00 105 500.00 107 4,104.85 102 600.00 104 14.30 106 302.39 108 430.72 Member No. I Statement Date Page XXXXXXX674 Thru 06/30/08 2 of 2 Branch: Main Regular Savings I 'Becpnning Tatat Total. z ~Entluiij y i•.b D{rWands. 13alapce DegasNs , 4Ynpdtawals, ` ;Balance , , $ 250.17 $ 0.20 $ 0.00 $ 250.37 $ 0.37 Joint Owner(s): Nanette A Saito, Colleen M. Tamaye Transaction Date Transaction Description Deposit Withdrawal Balance 06101/08 Balance Forward 250.17 06/30/08 Dividend 0.20 250.37 Annual Percentage Yield Earned 0.98% From 06/01/08 Thru 06/30/08 on an Average Daily Balance of $ 250.17. Account 13alance Summaries Savings $ 250.37 Checking $ 27,579.67 kolia Pacific FEDERAL CREDIT UNION Member No. I Statement Date I Page 832 SOUTH HOTEL Srnaer I HONOLULU, HAWAII 96813 AXXXXXX674 Thru 07/31/08 1 of 2 Phone: e: (80 (808) ) 531-3711 Branch: Main 1 Checking $ 8,130.42 1 Regular Savings $ 250 56 HSAC 2008 ANNUAL CONFEREN C/O CITY COUNCIL- CLAYTON WONG 530 SOUTH KING ST ROOM 202N HONOLULU HI 96813 \ Use your KalaCard or KalaCheckCard Go to your nearest Sprint store and tell them you're a Ctedit anywhere you see the CO-OP Network logo union member and get great deals! CO OP for surcharge-free access to your money. 10% off With 25,000 ATMs available in the U.S. and - Waived adivatlG regularly tee priced on " nevi acOw acvatixtel semce plans - Waived vatlnnons FINANCIAL Canada, you'll always have quick and easy Available In new aexisting customers Sprint SERVICES access to your Aloha Pacific FCU account. For more information, call 531-3711 or visit us at kalanet.com, Visit SprinlSeVe4CU.COm for details. HAWAII ;Checking I Etegmpto9 Teta1 'TC11 ...;:Egds flataaee T1epo g(t q W(thGraMml $atahce, Y i {7 9Ly[SerMs $ 27,579.67 $ 7,101.57 $ 26,550.82 $ 8,130.42 $ 14.87 Joint Owner(s): Colleen M. Tamaye, Nanette A Saito Transaction Date Transaction Description De osit Withdrawal Balance 07/01/08 Balance Forward 27,579.67 07/01/08 Paid Check #109 Sequence #31053956 -25,978.45 1,601.22 07/03108 Deposit 905.00 2,506.22 07/03/08 Deposit 195.00 2,701.22 07/09/08 Paid Check #110 Sequence #32000318 -369.47 2,331.75 07/24/08 Deposit 5,000.00 7,331.75 07/29108 Paid Check #111 Sequence #6011182 -172.90 7,158.85 07/30/08 Deposit ( 1,000.00 6,158.85 07/31/08 On-Us Check (Cash) #113 Sequence #0 -30.00 8,128.85 07131/08 Dividend 1.57 8,130.42 Annual Percentage Yield Earned 0.50% From 07101/08 Thru 07/31/08 on an Average Daily Balance of $ 3,693.27. Cleared Check Recap: CHECK# AMOUNT CHECK# AMOUNT CHECK# AMOUNT CHECK# AMOUNT 109 25,978.45 110 369.47 111 172.90 113• 30.00 Indicates check or share draft out of sequence. Member No. Statement Date I Page XXXXXXXG74 Thru 07131/08 2 of 2 Branch: Main 'Negular Savings Begormrng ` Gtltet [a~7 Ending X T 0 Dtv)dends 4BplanCe LieposNs ~ 1NifhilraSvats Balance ~ s $ 250.37 $ 0.21 $ 0.00 $ 250.58 $ 0.58 )oint Owner(s): Nanette A Saito, Colleen M. Tamaye ransaction Date Transaction Description Deposit Withdrawal Balance 37/01/08 Balance Forward 250.37 )7!31/08 Dividend 0.21 250.58 4nnual Percentage Yield Earned 0.99% From 07101/08 Thru 07!31/08 on an Average Daily Balance of $ 250.37. .ccount Balance Summaries "'v-, ~;i Savings $ 250.58 _ Checking $8,130.42 ~loha Pacific FEDERAL CREDIT UNION Member No. Statement Date I Page 832 Soura HOTEL STREET I HONOLULU, HAwmi 96813 XXXXXXX674 Thru 08/31/08 1 of 1 Phone: (808) 531-3711 Branch: Main c.t. l 1 1 Checking $ 8,854.07 t Regular Savings $ - 250.78 HSAC 2008 ANNUAL CONFEREN C/O CITY COUNCIL- CLAYTON WONG 530 SOUTH KING ST ROOM 202N HONOLULU HI 96813 Go Green, Save Money Hawaii Kai Branch & Switch to a .Fuel-Efficient Vehicle ATM Now Open Ask about our special Go Green auto Koko Marina Center loan rates on new hybrid vehicles. 7192 Kalanianaole Hwy. Suite A144 (next to Price Busters) _ More than 00 KALABASN ATTMa r • throughout Hawag Begrmm~9 ToT[ : Total Checking I :alatNk # DeJk& .Wdbtlrav;~Is, 9ance mt $ 8,130.42 $ 723.65 $ 0.00 $ 8,854.07 Joint Owner(s): Colleen M. Tamaye, Nanette A Saito Transaction Date Transaction Description Deposit Withdrawal Balance 08!01108 Balance Forward 78,, 130.42 08/12/08 Deposit 720,0850.42 08/31/08 Dividend 3.65 854,07 Annual Percentage Yield Earned 0.50% From 08/01/08 Thru 08/31/08 on an Average Daily Balance of $ 8,594.94. _ Regular Savings I BCginnm '('btaR TW1 yldai~ z 8'3lanca Depns&s lNdfalrawals NO do T~q'Rlyi [ard $ 250.58 $ 0.21 $ 0.00 $ 250.79 $0.79 Joint Owner(s): Nanette A Saito, Colleen M. Tamaye Transaction Date Transaction Description Deposit Withdrawal Balance 08/01/08 Balance Forward 250.58 08/31/08 Dividend 0.21 250,79 Annual Percentage Yield Earned 0.99% From 08/01/08 Thru 08/31/08 on an Average Daily Balance of $ 250.58. ~ccclunt Balance Summaries Savings $ 250.79 Checking $ 8,854.07 Apha Pacific FEDERAL CREDIT UNION Member No. I Statement Date I Page 832 Sourx HOTEL STREET I HoNoLuiu, HAwAn 96813 XXXXXXX674 Thru 09130/08 1 of 2 Phone: (808) 531-3711 Branch: Main 1 Ctmddng $ Q983. 77 1 ReguFar Savings $ 251,00 HSAC 2008 ANNUAL CONFEREN C/O CITY COUNCIL- CLAYTON WONG 530 SOUTH KING ST ROOM 202N HONOLULU HI 96813 ATTENTION ALL MEMBERS! If there are any errors in your statement, please write within 10 days to: Supervisory Committee I P.O. Box 4623 1 Honolulu, HI 96812 If you are mailing loan payments and/or savings and checking deposits, please send them to: Aloha Pacific FCU 1 832 South Hotel Street Honolulu, HI 96813 tn1'big $ 3.24 $ 1,873.94 $6,983.37 $ 21„76 Joint Owner(s): Colleen M. Tamaye, Nanette A Saito Transaction Date Transaction Description Deposit Withdrawal Balance 09101108 Balance Forward 8,854.07 09/08/08 Paid Check #114 Sequence #31043570 -80.00 8,774.07 09/16/08 Paid Check #112 Sequence #31058426 -1,793.94 6,980.13 09/30/08 Dividend 3.24 6,983.37 Annual Percentage Yield Earned 0.50% From 09/01/08 Thru 09/30/08 on an Average Daily Balance of $ 7,895.77. Cleared Check Recap: CHECK# AMOUNT CHECK# AMOUNT 112 1,793.94 114' 80.00 Indicates check or share draft out of sequence. Regular Savings I f3eg(nnip(7 Totat:i~ Tot41 --.Et}darg _ In 8?Mrtc( $ Ihil aWat>t , BaWttae $ 250.79 $ 0.21 $ 0.00 $ 251.00 Joint Owner(s): Nanette A Saito, Colleen M. Tamaye Transaction: Date Transaction Description Deposit Withdrawal Balance 08/01%08 Balance Forward` 250.79 00130108' < Dividend . 0.21 251:00 Annual Percentage Yield Earned 1-02% From 0910008 Thru 09/30/08 on an Average Daily Balance of $ 250.79. Member No. I Statement Date I Page XXXXXXX674 Thru 09/30/08 2 of 2 Branch: Main Account Balance Summaries Savings $ 251.00 Checking $ 6,983.37 Exhibit 3 HSAC 2008 ANNUAL CONFERENCE AVAILABLE FUNDS, EXPENSES & NET PROCEEDS Updated: October 3, 2008 AVAILABLE FUNDS Amount Running Balance Date of Deposit Check No. START-UP FUNDS ($1,000.00 "seed money" from HSAC Home Office); Aloha Pacific Federal Credit Union (APFCU) was chosen as the financial institution to assist with this event. Deposit No. 1 (into "Checking"; prior action was the establishment $750.00 $750.00 05/07/2008 of a "Savings" account at the APFCU: May 7, 2006 INCOMING REVENUE (registration fees, sponsorships, exhibit fees) Deposit No. 2 $2,970.00 05/0912006 Deposit No. 3 $1,650.00 05/19/2006 Deposit No. 4 $3,845.00 051222008 Deposit No. 5 $4,290.00 0527/2008 Deposit No. 6 $5,105.00 06/02/2008 Deposit No. 7 $3,905.00 06/022008 Deposit No. 8 $4,800.00 06/16/2008 Deposit No. 9 $2,650,00 06/1612008 Deposit No. 10 $4,275.00 06/162008 Deposit No. 11 $525.00 06/1612008 Deposit No. 12 $520.00 0612412008 Deposit No. 13 $905.00 07/0312006 Deposit No. 14 $195.00 07/0312008 Deposit No. 15 $5,000.00 07/2412008 Deposit No. 16 $1,000.00 07/302008 Deposit No. 17 $720.00 $42,355.00 08/12/2008 ACCRUED INTEREST --"CHECKING"ACCOUNT From May 7, 2008 to Dosing date of October 1, 2008. May interest $2.31 June interest $10.99 July interest $1.57 August interest $3.65 September interest $3.24 October Interest $0.00 $21.76 AMOUNT DEPOSITED INTO THE "SAVINGS" ACCOUNT: ' This account was opened May 7, 2008 $250.00 $250.00 ACCRUED INTEREST - "SAVINGS" ACCOUNT From May 7, 2008 to closing date of October 1, 2008. May interest $0.17 June interest $0.20 Jury interest $0.21 August interest $0.21 September interest $0.21 October interest $0.00 $1.00 ADJUSTMENT: RECOGNITION OF REGISTRATION FEE REVENUE: Peter Hoffmann's check to the "Sheraton Waikiki Hotel" resulted $230.00 $230.00 in a credit of $230.00 on the Sheraton invoice; $230.00 is being recognized as HSAC conference revenue. FOOTNOTE FOR SPONSORSHIPS Carbon Diversion, Inc. did not honor its $500.00 commitment $0.00 $0.00 GTSI did not honor its $250.00 commitment $0.00 $0.00 TOTAL AVAILABLE FUNDS ("seed money", revenue, interest & adj.) $43,607.76 wits EXPENSES C. Mike Kido (reimbursement for golf prizes) $1,686.37 101 Jill Baptist (reimbursement for golf prizes) $600.00 102 Po'ohala Lei & Flowers, LLC (20 lei for guest speakers) $80.00 103 Glenn Imamura of City PAN Shop (overtime to generate HSAC program on time) $14.30 104 City 6 County of Honolulu freimbvnemenr to Cound/ for deposit to Sheraton) $500.00 105 Spicer, Paper (replenishment of City Print Slop paper for HSAC program) $302.39 106 Romy M. Cacola (use of personal funds to pay Honolulu Canty Club.-gall) $4,104.85 107 Romy M. Cachola (reimbursement for meal expenses-golf committee meetings) $430.72 108 Starwood Hotels & Resorts, Inc. (a.k.a., Sheraton Waikiki) $25,976.45 109 Ruth Baker (reimbursement of supply hems) $369.47 110 U:S. Postal Service (reimbursement to City Clerk for postage) $172.90 111 City & County of Honolulu (RMC's NACo WIR airfare reimbursement) $1,793.94 112 Romy M. Cacholo (reimbursemenl for NACo WIR shuttle expenses) $30.00 113 C&C of Han. (relmbursar0enl for paying 2 Wel. Rec. leas ovred by Schnitder) $80.00 114 EXPENSES CHARGED TO THE APFCU'CHECKING• ACCOUNT (NOS. 101-114) $36,143.39 ADJUSTMENT TO EXPENSES (attendee's payment to Sheraton) Add $230.00 from Peter Hoffmann, whose check was made $230.00 $230.00 payable to the Sheraton Waikiki Hotel. The overall bill for the Sheraton was $26,708.45, before subtracting $230.00 for Councilmember Hoffmann and $500.00 for the good faith deposit advanced by the City Council. HSAC Check No. 105 was issued to reimburse the City for $500.00. TOTAL EXPENSES $36,373.39 REMITTANCE AMOUNT TO THE HSAC HOME OFFICE $7,234.37