Loading...
HomeMy WebLinkAboutCOM 0015.000 2008-2010BOBJACOBSON Councilmember Chair, Environmental Management Committee Vice-Clrair, Finance Committee HAWAII COUNTY COUNCIL County ofHawai `i 333 Kilauea Avenue, Second Floor Ben Franklin Building, Hilo, Hawaii 96720 Mailing Address: 25 Aupuni Street, Suite 200 Phone: (808)961-8263 Fax: (808) 96/-8912 E-Mail: bjacobsoneco.hawaii.hi.us November 26, 2008 To: Pete Hoffmann, Chair Hawaii County Council From: Bob Jacobson, Council Member . District 6 Re: HSAC Meeting Aloha Pete, t") ~ Z ~ c J - r_ N r : S . ~. t7J ~~ _ ~ -~a ~1 ~_._ r,i a _ ~ 1 N i, .- ', .,~ On Monday, November 24, 2008 I attended the monthly HSAC Executive Committee Meeting on Oahu with my legislative assistant Bazbaza Lively. Others in attendance were; HSAC President Mel Rapozo, HSAC Treasurer Joe Pontanilla, HSAC Secretary Nestor Gazcia, Kauai staff member Cyndi Ayonon, Maui staff member Gayle Revels, Oahu staff member Andrew Sekine, and Kauai Council Member Shaylene Iseri-Carvalho. A copy of the meeting agenda is attached for your review. Meeting minutes from October 20, 2008 were approved and are attached here for your review. The treasurers report for October 2008 was filed. President Rapozo is requesting that the new Hawaii County Council Chair forwazd a letter transmitting the names of the new representatives when the new council is seated. President Rapozo is also requesting Brenda Ford's attendance at the next HSAC meeting (December 18 or 20) to vote to install the new representatives, acommunication from his office will be sent. Thank you for allowing me to serve in this capacity. BJ/bl Att. District 6 -Upper Puna, Ka`a, and South Kona Hawat'i County /s An Equal Opportunity Provider And Employer Comm. No. ~It.n.~r-- Ref. To: ll II~~ ~~ Ref. Dare NOVNOV 2 Hawaii State Association of Counties Counties of Kauai, Maui and Ha~Vai`i, City & County of Honolulu ~~ . a AGENDA HSAC EXECUTIVE COMMITTEE MEETING Monday, November 24, 2008 10:00 a.m. Council Committee Meeting Room ,,,, Honolulu Hale Honolulu, Hawaii I. .CALL TO.ORDER IL ~ MINUTES <,,, '~.,- A. Minutes of the Octot~r:' 20, 2008 Executive Committee Meeting, submitted by the HSAC;Secretary:~ "".:~-; ,::: . III. REPORTS '{- A. Treasurer's Reports _1.. Report for.September2008, submitted by the.HS`AC Treasurer, by correspondence dated November 10, 2008 for the fiscal period of September 1 through September 30, 2008. `? 4 2. Report for October 2008, submitted by the HSAC Treasure, by correspondence dated November 10, 2008 for th`e;fiscal period of October 1 through October 31, 2008. '~ "~ ~%'~ B. Executive Committee Reports 1. Report of official action taken at the October 20, 2008 Executive Committee Meeting, approving a resolution in support of the recovery of the Hawaii State Mammal, the Critically Endangered Endemic Hawaiian Monk Seal. 2. Report of official action taken at the October 20, 2008 Executive Committee Meeting, approving and referring to the county councils seven proposals for inclusion in the 2009 HSAC Legislative Package. a. A proposal to inform consumers on product labels that indicate regions of Hawaii where produce is grown, to indicate countries of origin, and to require that any product labeled as Hawaiian originates from the state. b. A proposal to increase the renewable energy portfolio standards for public utility companies to 20 percent in 2015, 30 percent in 2020, and 60 percent in 2030; and to decouple the compensation rates for renewable energy sources from the cost of fossil fuels. c. A proposal to extend the forty-five (45) day window for a legislative body to approve, approve with modification, or disapprove an affordable housing project under Section 201 H-38, Hawaii Revised States, to ninety days (90). d. A proposal to remove the requirement for local governments to comply with rules adopted by the state Procurement Policy Board regarding cooperative contracting, thus placing the decision-making power to use cooperative contracting within the discretion of local governments. e. A resolution urging the Department of Commerce and Consumer Affairs to assist the counties in negotiating agreements with cable public access organizations for a portion of cable franchise fees. f. A proposal to give counties the authority to conduct criminal history record checks on applicants for taxi cab operator licenses. g. A proposal to transfer fines and forfeitures from uncontested traffic infractions to the counties. C. County Reports 1. Maui County Report. 2. Hawaii County Report. 3. City and County of Honolulu Report. 4. Kauai County Report. D. National Association of Counties (NACo) Report E. Western Interstate Region (WIR) Report IV. UNFINISHED BUSINESS A. 2009 HSAC Legislative Package HSAC -Page 2 1. A BILL FOR AN ACT RELATING TO PRODUCE BRANDING AND LABELING (Hawai`i) 2. A BILL FOR AN ACT RELATING TO THE PUBLIC UTILITIES , COMMISSION (Hawai`i) 3. A BILL FOR AN ACT RELATING TO HOUSING (Maui) 4. A BILL FOR AN ACT RELATING TO PROCUREMENT (Maui) 5. 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 (Honolulu) 6. A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES (Honolulu) 7. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS (Honolulu) B. Communication dated October 8, 2008 from Governor Linda Lingle regarding receipt of HSAC resolution in support of the National Association of Counties Initiative Against Child Sexual Exploitation. C. Communication dated November 12, 2008 from Roy T. Hiraga, County Clerk, County of Maui, transmitting a copy of Committee Report No. 08-142, which was adopted by the Council of the County of Maui at its meeting held on November 7, 2008, approving for inclusion in the 2009 HSAC Legislative Package: 1. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO HOUSING"; 2. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO PROCUREMENT"; 3. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES"; and 4. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS." HSAC -Page 3 ., V. NEW BUSINESS A. Kauai County Council's Representative to the HSAC Executive Committee. VI. ANNOUNCEMENTS A. Schedule next meeting. B. Other announcements. VII. ADJOURNMENT HSAC -Page 4 ~` Hawaii State Association of Counties Counties of Kauai, Maui anti Hawaii, City 8. County of Honolulu ,,..., 0 9 MINUTES HSAC EXECUTIVE COMMITTEE MEETING October 20, 2008 Council Committee Room, Honolulu Hale ;l~yY~;`z.;,J. Honolulu, Hawaii _F. I. CALL TO ORDER r~~' The HSAC Executive Commr~eE was called to order by President Mel Rapozo at 1:06 p.m. The following mei:~~erse4comprised a quorum: County of Kauai: Presidertt:Msl~Rapozo r_>-~r•w~~= __= x~. County of Hawaii: Vice President $obx.Ta~Obson . , City and County of Honolulu: Secretary NestorGarcl~~,~` s>. -.. County of Maui: Treasurer Joseph Pontanilla Others present: Kauai Councilmember Shaylene t~€r~,Gatvalho Maui Council Chair G. Riki Hokama~•-.:-~' }. -K_~. y Hawaii Staff Barbara Livel _ ~ ., ~ ~ -3 '~'~~` ~` `• - `~ 7 - ' . ~~. x . < 'T~ x~-= mil; ~y ~ Honolulu Staff Gavin Kennedy ~- - Honolulu Staff Mark Segami ~ , ,~ ~ ~~' ° ;~ `. Honolulu Staff Clayton Wong = ~~ "t ~ -~' Kauai Staff C ndi A onon Maui Staff Gayle Revels _~~`,;~~,~.. -. MINUTES The minutes of the September 26, 2008, Executive Committee meeting were approved as circulated. • f OCS/111008/08:23/HM .1 \~ Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii. City 8. County of Honolulu _ ,,.,. ~ ~~ ... MINUTES HSAC EXECUTIVE COMMITTEE MEETING October 20, 2008 Council Committee Room, Honolulu Hale _:`,.;:;,:. Honolulu, Hawaii ' ~, ;~. yK~s Y F~.',~^ = ~.~' ReR?is"~ ~~:: I: CALL TO ORDER I ~ The HSAC Executive ~Commr'~ee was called to order by President Mel Rapozo at G 1:06 p.m. The following mein~?es~comprised a quorum: ..., 'i County of Kauai: PresidentM~~rRap4ozo ~., -y, County of Hawaii: Vice President Botr ~ahsorf . . ~r~ City and County of Honolulu: Secretary Nestor Garclan „, _: <>,.. ;... '. County of Maui: Treasurer Joseph Fontamlla ;', Others present: Kauai Councilmember Shaylene I~e~,~,C~~Nalho Maui Council Chair G. Riki Hoka ~~~ ,I i Hawaii Staff Barbara Lively ,~x~3'~'~ .F--~ .. Honolulu Staff Gawn Kennedy ~~ ~~ z4 i , Honolulu Staff Mark Segami ~~~~ ,~ - ,~ r.~ M ~ ~ Honolulu Staff Clayton Wong ~~ --~~ .. ii ', Kauai Staff Cyndi Ayonon F~~ ~ `~ ~ i Maui Staff Ga le Revels _ -= v _s-;_ x;;>;;' i~ j II. ~~ ~~ MINUTES ' 1' The minutes of the September 26, 2008, Executive Committee meeting were ' ' approved as circulated. 11008/08:23/HM t~ III. REPORTS A. County Reports Maui Countv Report. Treasurer Pontanilla reported that a new water conservation bill was sent by the council back to committee in order to address concerns raised by the hotels and community members. The planning committee extended the general plan update process into 2009 as more time was needed for completion. The council received its first applicant for affordable housing development under a new ordinance approved earlier this year, providing funding from real property taxes to assist development of affordable housing. The applicant is Maui Family Life Center. 2. Hawaii Countv Report. Vice President Jacobson reported that the Hawaii council has reviewed the proposals for the HSAC legislative package and is considering their approval. He informed the committee that the council had passed a GMO ban, a resolution supporting the Hawaiian monk seal, and an agricultural tourism bill. He also added that Community Development Plans for the county were approved. City and Countv of Honolulu Report. Secretary Garcia reported that he had recently met with Maui county officials, including council members, to discuss both PEG access funding and policies regarding transient vacation rentals. He informed the committee that the Honolulu council continues to consider bill 6, relating to bed and breakfast accommodations, and recently returned the bill to its committee. The county also has seven projects up for consideration by the neighborhood stabilization plan for funding. 4. Kauai County Report. President Rapozo reported that the council approved a resolution requesting the state take action to prevent the varroa mite from causing damage to the bee colonies on the island. Regarding transition issues for HSAC and NACo, he stated that Kauai council had agreed to Shaylene Iseri-Carvalho serving her remaining term on NACo, and that, contingent on the November election results, Ron Kouchi would take over the Kauai seat on the HSAC executive committee as President to ensure continuity. B. National Association of Counties (NACo) Report Maui Council Chair Riki Hokama informed the executive committee that the NACo finance committee will meet Thursday in Virginia, however he will be unable to attend due to prior commitments. 2 `! Kauai Councilmember Iseri-Carvalho announced that Mr. Bruce Elwell, a member of the NACo board of directors, is suffering from cancer and suggested that HSAC send notes of sentiment to him. President Rapozo stated that he would send information on Mr. Elwell to Secretary Garcia so that a card from HSAC could be prepared. C. Western Interstate Region (V1IIR) Report None. IV. UNFINISHED BUSINESS A. 2009 HSAC Legislative Package President Rapozo stated that there were eight legislative proposals for consideration in the HSAC legislative package. He suggested that the Executive Committee vote on each item to determine which proposals should be included in a package to be sent to the councils for approval. Treasurer Pontanilla stated that he could not vote prior to a vote by the Maui county council on the individual items. 1:35 - a recess was called. 1:45 -meeting reconvened. President Rapozo stated that he would like to vote on the items, however if not all members were ready to vote at the current meeting the vote could be deferred. He stated that if the vote is delayed he is concerned about timely submission of the HSAC package to the legislature. Vice President Jacobson stated that removal of proposals could occur at the council level and his understanding was that HSAC representatives must then follow the recommendation of their respective councils. He added that the current proposals could be referred to the councils, which could amend the package only through removal of proposals, not amendment or addition of new proposals. Vice President Jacobson moved to approve the following legislative proposals as the HSAC legislative package and refer the package to the county councils for approval: 1) A BILL FOR AN ACT RELATING TO PRODUCT BRANDING AND LABELING (Hawaii) 2) A BILL FOR AN ACT RELATING TO THE PUBLIC UTILITIES COMMISSION (Hawaii) 3) A BILL FOR AN ACT RELATING TO HOUSING (Maui) ~/ 4) A BILL FOR AN ACT RELATING TO PROCUREMENT (Maui) 5) A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS (Maui) 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 (Honolulu) 7) A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES (Honolulu) 8) A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS (Honolulu) Secretary Garcia seconded the motion. Secretary Garcia asked for an explanation of proposal 2. Vice President Jacobson stated that the bill proposes enactment of the recommendations of the 2050 Sustainability Proposals regarding energy. He explained that the section regarding decoupling would remove the link between the cost of oil and renewable sources of electricity. Secretary Garcia stated that he was willing to bring the proposal before his council for consideration. Treasurer Pontanilla stated that he had some reservations with the proposal considering that while many people support the idea of renewable energy, often the implementation is opposed when the realities are detailed. Vice President Jacobson responded that federal officials appeared to believe that the proposed standards would be achievable. Secretary Garcia asked for an explanation of proposal 3. Treasurer Pontanilla stated that the proposal would extend the deadline for approving or denying HRS Chapter 201 H waivers in order to give county councils enough time to consider the proposals. President Rapozo stated that the housing directors of the counties oppose this proposal. Secretary Garcia raised the possibility of expanding the scope of proposal 1 to cover products that are grown statewide and in counties outside the island of Hawaii. He was concerned that the proposal applied only to Hawaii island products. Vice President Jacobson stated that the intent of the proposal was not to limit it to specific products, but to cover all Hawaii grown products. Secretary Garcia asked for clarification that proposal 4 would allow counties to conduct cooperative purchasing without being blocked by the state procurement policy board. Maui Council Chair Hokama stated that that was an accurate understanding of the proposal. Secretary Garcia asked if this would be similar to the four counties coming to an agreement to buy in bulk and achieve cost savings. Chair Hokama responded that 4 C~, !, the issues were different in that the proposal allows the counties to utilize a NACo procured contract to purchase goods and does not necessitate a joint procurement process among all counties. Secretary Garcia informed the members that proposal 7 would permit the counties access to the criminal history database in order to conduct criminal history background checks on taxi drivers. Vice President Jacobson stated that his county has experienced problems with some taxi drivers that may be solved if a background check is conducted. President Rapozo asked what the differences between proposals 5 and 8 were. It was explained that there were no substantive differences, however proposal 5 included an incorrect effective date. Treasurer Pontanilla moved to amend the original motion to include only proposals 1, 2, 3, 4, 6, 7, and 8 in the HSAC Legislative Package and refer the proposals to the county councils for approval. Vice President Jacobson seconded the motion. The motion to amend the original motion was carried. President Rapozo stated that the vote on the main motion would betaken, clarifying that it would include all proposals listed on the agenda, with the deletion of proposal 5, and that the motion was to approve the HSAC Legislative Proposal and refer it to the counties for approval. The motion was carried. V. NEW BUSINESS A. HSAC Draft Resolution In Support of the Recovery of the Hawaii State Mammal, the Critically Endangered Endemic Hawaiian Monk Seal President Rapozo explained that an amended version would be required to be approved as the draft did not include transmittal to the Kauai Council Chair. Vice President Jacobson moved to approve the draft resolution, amended to include transmittal to the Kauai Council Chair, In Support of the Recovery of the Hawaii State Mammal, the Critically Endangered Endemic Hawaiian Monk Seal. Treasurer Pontanilla seconded the motion. ~, President Rapozo asked if there was any discussion. The motion was carried. The following items were received and filed: B. Correspondence dated September 24, 2008, from the 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 the 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. D. Correspondence dated October 6, 2008 from the 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. Schedule next HSAC Executive Committee meetings. November 24, 10:00 a.m. council committee meeting room, Honolulu Hale B. Other Announcements None. VII. ADJOURNMENT There being no further business, the meeting was adjourned at 2:33 p.m. Ve t my yours, NESTOR GARCIA Secretary Hawaii State Association of Counties `~~ ~: i•ry....Y~ ,. Hawaii State Association of Counties j -~ Counties of Kauai, Maui, Hawaii and City and County of Honolulu t y\ November 10, 2008 President Mel Rapozo and Members of the Executive Committee Dear President Rapozo: SUBJECT: TREASURER'S REPORTS FOR SEPTEMBER AND OCTOBER 2008 Attached please find reports of the Association's revenues and expenses for the fiscal periods September 1 through September 30, 2008 and October 1 through October 31, 2008. Sincerely, ~`~'- : JOSEPH PONTANILLA ,~, ~T~; } HSAC Treasurer ~~~ ~; x,s ~~~, ~" rc, ~:3w .r.,,.. :jam % :, ' ^~,; Attachments 1ei''" ocs:prof: hsac: FY2009:091tr:081107tr:ghr oP ~ M ~~1 i 1 NT -U / ~T Mn~'` O Y/ Hawaii State Association of Counties REVENUES COLLECTED AND EXPENSES PAID Period: September 1, 2008 through September 30, 2008 ~i BEGINNING BALANCE FY 2009 FY 2009 ~ This Period Year to Date Budsaet ~ REVENUES $88,163.28 Membership Fees $0.00 $0.00 $43,680.00 Conference Income $0.00 $0.00 $10,000.00 Interestllncome $3.62 $11.30 $55.00 Miscellaneous $0.00 $0.00 $0.00 Fund B dance, prior FY $0.00 $91,082.43 $85,000.00 Total $3.62 $91,093.73 $138,735.00 ~ Total Receipts This Period j EXPENSES Executive Committee Travel $139.06 $439.06 $5,250.00 Auditing Services $0.00 $0.00 $5,000.00 I~ Stationery $0.00 $0.00 $150.00 I Miscellaneous $23.77 $50.00 $1,000.00 Special Committees Travel $0.00 $0.00 $500.00 Miscellaneous $0.00 $0.00 $100.00 NACo WIR Travel -Board Travel -Steering Committees Promotional Dues Miscellaneous Travel Promotional Dues Miscellaneous for Travel and Related Expenses National Conference Fund $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $0.00 $0.00 $0.00 $600.60 $10,800.00 $9,000.00 $250.00 $26,525.00 $1,000.00 $0 .00 $0. 00 $7,200. 00 $0 .00 $0. 00 $250. 00 $0 .00 $0. 00 $3,700. OC $0 .00 $0. 00 $1,000. 00 $0 .00 $0. 00 $17,010. 00 $0 .00 $0. 00 $50,000. 00 $3.62 Conferences $0.00 $0.00 $0.00 Total $162.83 $3,089.88 $138,735.00 Total Expenses This Period ENDING BALANCE $162.83 $88,004.07 ocs:proj: F~ j Hawaii State Association of Counties REVENUES COLLECTED AND EXPENSES PAID Period: October 1, 2008 through October 31, 2008 BEGINNING BALANCE $88,004.07 FY 2009 FY 2009 This Period Year to Date Budget REVENUES Membership Fees $0.00 $0.00 $43,680.00 Conference Income $7,234.37 $7,234.37 $10,000.00 Interest Income $3.89 $15.19 $55.00 Miscellaneous $0.00 $0.00 $0.00 Fund Balance, prior FY $0.00 $91,082.43 $85,000.00 Total $7,238.28 $98,331.99 $138,735.00 Total Receipts This Period $7,238.26 EXPENSES Executive Committee Travel $304.76 $743.82 $5,250.00 Auditing Services $0.00 $0.00 $5,000.00 Stationery $0.00 $0.00 $150.00 Miscellaneous $16.23 $66.23 $1,000.00 Special Committees Travel $0.00 $0.00 $500.00 Miscellaneous $0.00 $0.00 $100.00 NACo Travel -Board $0.00 $2,000.00 $10,800.00 Travel -Steering Committees $0.00 $0.00 $9,000.00 Promotional $0.00 $0.00 $250.00 Dues $0.00 $0.00 $26,525.00 Miscellaneous $0.00 $600.60 $1,000.00 WIR Travel $0.00 $0.00 $7,200.00 Promotional $0.00 $0.00 $250.00 Gues $O:OG $C.CO $3,700.OE Miscellaneous $0.00 $0.00 $1,000.00 Adjustments for Travel and Related Expenses $0.00 $0.00 $17,010.00 National Conference Fund $0.00 $0.00 $50,000.00 Conferences $0.00 $0.00 $0.00 Total $320.99 $3,410.85 $138,735.00 Total Expenses This Period $320.99 ENDING BALANCE $94,921.34 ocs:prof:hsac: FY2009:09tr:0810tr:ghr Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City 8. County of Honolulu ~-E1 The Honorable Mel Rapozo, President Hawaii~~~ssociation of Counties 4396 F~r€teet ~` : Lihue,.Hau~ai'96766-1371 Dear President Rapozo r ~ E Official Action Taken ~ ~,_,;.3 Approval By Executive Committee Meeting of October 20, 2008 >,=~-;_t Pursuant to Section 20 of the..,_'IaYVS of the Hawaii State Association of Counties (HSAC), which requires a report of e ~~Ficial action-taken, the following reports on the approval of the RESOLUTION IN StJPPORT.QF<~'~11=;;.RECOVERY OF THE HAWAII STATE MAMMAL, THE CRITICALLY EN[7AN'rfZED.,E.NDEMIC HAWAIIAN MONK SEAL. The Executive Committee finds that the Hawaiian monk se?t~s endangered and endemic to the waters off the Hawaiian IslaisKis.'fcAonk protected by the Marine Mammal Protection Act and Endangered Speci also Hawaii's official state mammal. The Executive Committee finds th< protection effective the federal and state governments must adequately programs designed to protect the Hawaiian monk seal. The Executive Committee has agreed and approved a resolutii recovery of the Hawaiian monk seal, and requesting that the federal g the Hawaiian Monk Seal Recovery Plan with $7 million and the state c the Main Hawaiian Island Monk Seal Response Plan and Incidental T million. • l -~ OCS/111008/11:14/CT seals are Ve truly ou , NESTOR GARCIA, Secretary Hawaii State Association of Counties and are lke this [e;::. -v_..;__..._ . ItlAt¢ ~~`s ' ~rxth~+1 r~.,{~.;. ,.. . . Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii, City 8. County of Honolulu r The HcsRO~abte Mel Rapozo, President Hawarl~~te"Association of Counties ;:-4396 fret ",' iihue, Ffawaj[: 96766-1371 Dear President Rapozo: :::~' Official Action Taken Approval By Executive Committee Meeting of October 20, 2008 Pursuant to Section 20 of the-~~raaws of the Hawaii State Association of Counties (HSAC), which requires a report of'eyti}rofficial action taken, the following reports on the approval by the HSAC executive committee`ot<s~r,R~oposals for inclusion in the ~.-~ ~... ~. 2009 HSAC Legislative Package and referral to `t~re'c©it€[="•.eouncils. ~. . r t The seven proposals are the following: ~ ~~ , z : ~>-~~ ~-~~~ ~. ~. ~':r"-. . .r (1) A proposal to inform consumers on product la~~ts `indicate regions of Hawaii where produce is grown, to indicate countries of origin, and to require that any product labeled as Hawaiian originates from:2he-state. (2) A proposal to increase the renewable energy portfolio standa~~t~tis< utility companies to 20 percent in 2015, 30 percent in 2020 ~r~+G~- ~ .. percent in 2030; and to decouple the compensation rates~fx~t„~n~w~~~ _, energy sources from the cost of fossil fuels. i ~ ~ ~, ~,~ ti, ~ ~~-~-~- -a -` .r . ~ ~, (3) A proposal to extend the forty-five day window for a legislativr~'~ :_ approve, approve with modification, or disapprove an affordat~i~'~flpli'snig ~_' A3 project under Section 201 H-38, Hawaii Revised Statutes, to=y .days. ~??` . (4) A proposal to remove the requirement for local governments to' comply with rules adopted by the state Procurement Policy Board regarding cooperative contracting, thus placing the decision-making power to use cooperative contracting within the discretion of local governments. (5) A resolution urging the department of commerce and consumer affairs to assist the counties in negotiating agreements with cable public access organizations for a portion of cable franchise fees. er. \o oCS/111008/11:13/CT , The Honorable Mel Rapozo Page 2 (6) A proposal to give counties the authority to conduct criminal history record checks on applicants for taxi cab operator licenses. (7) A proposal to transfer fines and forfeitures from uncontested traffic infractions to the counties. The Executive Committee finds that the seven proposals represent fair treatment of the counties. The proposals promote the counties' home rule authority and improved financial stability. The Executive Committee has agreed and approved the proposals for inclusion in the 2009 HSAC Legislative Package and referred them to the county councils for approval. Ve truly ours, NESTOR GARCIA, Secretary Hawaii State Association of Counties s o x~ t~ ,eaa Y.ro /~d~ 4aes.y~ EXECUTIVE CHAMBERS HONOLULU LINDA LINGLE cov ennon Mr. Mel Rapozo President Hawaii State Association of Counties 4396 Rice Street, Suite 206 Lihue, HI 96766 Mrs. Shaylene Iseri-Carvalho Board Member National Association of Counties c/o 4396 Rice Street, Suite 206 Lihue, HI 96766 October 8 2008 , ~ ~ o C~ S ~ r ts'i .%J ~" -..•, n '< l H ~ .:~ - .. ' ~ ~_.~ 1V Re: Resolution in Suooort of the National Association of Counties Initiative Against Child Sexual Exploitation Deaz Mr. Rapozo and Mrs. Iseri-Carvalho: Thank you for your letter dated August 27, 2008 informing me of the approval of your resolution entitled, "Resolution in Support of the National Association of Counties Initiative Against Child Sexual Exploitation." The sexual exploitation of children is reprehensible and the State of Hawaii supports your resolution's commitment in protecting our children. Thank you for recognizing this most important issue which deserves more discussion and prevention efforts. Please let us know if we can be of further assistance. Sincerely, LINDA LING 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. NSTIFICATION: 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 ffie 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. pef:ghr:07-2416 .B. NO. 1 2 A BILL FOR AN ACT RELATING TO HOUSING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAH: SECTION 1. The forty-five day window for a 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 S 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 10 it 12 13 14 1S 16 °(a) The corporation may develop on behalf of the State or with an eligible developer, or may assist under a government assistance program in the development of, housing projects that shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to planning, zoning, construction standards for subdivisions, . development and improvement of land, and the construction of dwelling units thereon; provided that: 07-241 a Page 2 .B. NO. ~ (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 q 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 e for public utilities or of the various boards of water 9 supply authorized under chapter 54; 18 (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 is resolution within [°_.=~ °'_--=] ninety days after 16 the corporation has submitted the preliminary 17 plans and specifications for the project to the 18 legislative body. If on the [`.=`-~ ='_=='-`] 1g ninety-first day a project is not disapproved, it 2p 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 ?~ 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 (C) The final plans and specifications for the 4 project shall be deemed approved by the s legislative body if the final plans and 6 specifications do not substantially deviate from 7 the preliminary plans and specifications. The e final plans and specifications for the project 9 shall constitute the zoning, building, 1o construction, and subdivision standards for that 11 project. For purposes of sections 501-85 and IZ 502-17, the executive director of the corporation t3 or the responsible county official may certify 14 maps and plane of lands connected with the Is project as having complied with applicable laws 16 and ordinances relating to consolidation and 17 subdivision of lands, and the maps and plane Ig shall be accepted for registration or recordation 19 by the land court and registrar; and zo (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 3 and in strlkethrough. 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 Hiles 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 governnents 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 nceds 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. p.rmm:m-2t9e .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 303D-802, Hawaii Revised Statutes, ie 2 amended to read as follows: 3 "S103D-802 Cooperative purchasing authorised. A public 4 procurement unit may either participate in, sponsor, conduct, or S administer a cooperative purchasing agreement for the 6 procurement of goods, services, or construction with one or more 7 public procurement unite, external procurement unite, or e nonprofit private procurement units pursuant to [~es~egEe~ 9 J 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 1S exempt from preferences pursuant to part X. 16 SECTION 2. Statutory material to be deleted is bracketed 17 and in strikethrough. 18 SfiCTION 3. This Act shall take effect upon its approval. 07-239a Page 2 .B. NO. INTRODUCED BY: 07-239a 1 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 azeas 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 drivers certificates. This measure will increase the level of protection the public expects from potential criminal acts. .. ,. .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 896-2.7, 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 333E-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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .B. NO. adult residential care homes, assisted living facility, home health agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for the mentally retarded, hospital, rural health center and rehabilitation agency, and, in the case of any of the above-related facilities operating in a private residence, on any adult living in the facility other than the client as provided by section 321-15.2; (9) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5; (5) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services; (6) The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5; (7) The department of human services on operators and employees of child caring institutions, child placing HSAC criminal taxi.gk ~" Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .B. NO. organizations, and foster boarding homes as provided by section 396-17; (8) The department of human services on prospective adoptive parents as established under section 396-19.7; (9) The department of human services on applicants to operate child care facilities, prospective employees of the applicant, and new employees of the provider after registration or licensure as provided by section 396-159; (10) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5; (11) The department of human services on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in foster family homes as provided by section 396-335; (12) The department of human services on staff members of the Hawaii youth correctional facility as provided by 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 (19) The judiciary on employees and applicants at detention 8 and shelter facilities as provided by section 571-39; 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 963-9; 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 s 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Page 5 .B. NO. from which the national criminal history record information was provided as provided by section 302C-1; (18) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A- 601.5; (19) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with--children, dependent adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7; (20) The department of human services on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 346-97; (21) The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult and HSAC criminal taxi,gk Page 8 .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 6 396-97; 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 (92 U.S.C. ~1396n(c)), as provided by 12 section 396-97; [axd] 13 (29) The county agencies responsible for taxicab regulation 14 on taxicab drivers and applicants for taxicab driver's 15 certificates; and 16 [-(-~4}j (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 NSTIFICATION 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 291 C-171(a), Hawaii Revised Statutes. JUSTIFICATION: While the counties are responsible for enforcement, revenues accruing from violations of the Statewide Traffic Code aze 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 amuch-needed modicum of financial relief from the State. The measure specifically excludes those fines and forfeitures -accruing-from State-enforced-violations, which do not involve the expenditure of County resources. When traffic violations remain uncontested, there is no need to resort to the State courts. The burden on State-funded personnel and resources is, therefore, minimized. The bill seeks solely to have those fines and forfeitures paid by offenders without contest transferred to the county in which the infraction occurred. Authorizing the counties to collect such fines and forfeitures would provide the counties with a dedicated revenue source and diversify the counties' revenue bases. As a result, the measure would help to stabilize the counties' budgets and promote the viability of the counties' public services, including the provision oftraffic-safety improvements. 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 forfeiturea. (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 .• e 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 6 infractions as defined in section -1. 7 fines and forfeitures paid to the state 8 shall be subject to section -2." 9 SECTION 3. New statutory material 10 SECTION 4. This Act shall take of 11 INTRODUCED BY: uncontested traffic The disposition of director of finance is underscored. `ect on July 1, 2009. HSAC unadjudicated.gk JNSY OF L~ ROY T. HIRAGA County Clerk ' ~ ' tgFF Of H~J~ OFFICE OF THE COUNTY CLERK COUNTY OF MAUI 200 SOUTH HIGH STREET WAILUKU, HAWAII 96793 November 12, 2008 Honorable Mel Rapozo, President Hawaii State Association of Counties Executive Committee 4396 Rice Street, Room 206 Lihue, Hawaii 96766 Dear Sir: JEFFREY T. KUWADA Deputy County Clerk Respectfully transmitted is a copy of Committee Report No. 08-142, which was adopted by the Council of the County of Maui at its meeting held on November 7, 2008. Respectfully yours, T. HI A Cou ty Clerk /jym Enclosure tl COUNCIL OF THE COUNTY OF MAUI POLICY COMMITTEE November 7, 2008 Committee Report No. 08-142 Honorable Chair and Members of the County Council County of Maui Wailuku, Maui, Hawaii Chair and Members: Your Policy Committee, having met on October 28, 2008, makes reference to County Communication No. 07-10, from the Council Chair, relating to matters pertaining to the Hawaii State Association of Counties (HSAC). By correspondence dated October 6, 2008, Councilmember Joseph Pontanilla, HSAC Treasurer, transmitted correspondence dated September 29, 2008, from Mel Rapozo, HSAC President, requesting consideration of the following proposals for inclusion in the 2009 HSAC Legislative Package. 1. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO PRODUCT BRANDING AND LABELING", and a justification sheet for the bill, submitted by the Hawaii County Council. The purpose of the ~, proposed State bill is 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 establish a minimum of 100 percent Hawaii i grown product for a label to say "100%" Hawaiian and to increase the minimum percentage of Kona-grown coffee from 10 percent to 75 percent ~~ for any coffee blend using the label, "Kona Coffee Blend". 2. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO ~~ PUBLIC UTILITIES COMMISSION", and a justification sheet for the', bill, submitted by the Hawaii County Council. The purpose of the proposed State bill is to increase the renewable energy portfolio standazd of each electric utility company to 10 percent by 2010, 20 percent by 2015, 30 peroent by 2020, and 60 percent by 2030; and to decouple compensation rates. COUNCIL OF THE COUNTY OF MAUI POLICY COMMITTEE November 7, 2008 Page 2 Committee Report No. 08-142 3. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO HOUSING", and a justification sheet for the bill, submitted by the Maui County Council. The purpose of the proposed State 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 201H-38, Hawaii Revised Statutes, to 90 days. 4. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO PROCUREMENT", and a justification sheet for the bill, submitted by the Maui County Council. The purpose of the proposed State 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. 5. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS", and a justification sheet for the bill, submitted by the Maui County Council. The purpose of the proposed State 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. 6. A proposed State concurrent resolution entitled "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", submitted by the Honolulu City Council. The purpose of the proposed State concurrent resolution is to urge the Department of Commerce and Consumer Affairs to assist the counties in negotiating agreements with public, educational, and government (PEG) access organizations for a portion of cable franchise fees. 7. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES", and a justification sheet for the bill, submitted by the Honolulu City Council. The purpose of the proposed State bill is to allow the counties to conduct criminal history record checks on taxicab drivers and applicants for taxicab driver's certificates. Y COUNCIL OF THE COUNTY OF MAUI POLICY COMMITTEE November 7, 2008 Page 3 Committee Report No. 08-142 8. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS", and a justification sheet for the bill, submitted by the Honolulu City Council. The purpose of the proposed '~ State bill is to require the State to transfer a portion of the fines and forfeitures collected for uncontested traffic infractions to the county in i which the violations occurred. , By correspondence. dated October 27, 2008, Councihnember Joseph Pontanilla,', transmitted correspondence dated October 21, 2008, from Mel Rapozo, HSAC President, ; regarding the deletion of the proposed State bill submitted by the Maui County Council relating to traffic infractions because the proposed State bill relating to traffic infractions submitted by the Honolulu City Council has the correct effective date. At its meeting, your Committee met with a Deputy Corporation Counsel. Your Committee received public testimony from 17 individuals opposed to'~ inclusion of the proposed State concurrent resolution in the 2009 HSAC Legislative', Package. Three of the testifiers, including the President of Akaku: Maui Community, Television, also submitted written testimony. Your Committee noted that all four councils must unanimously approve each proposed State bill or resolution in order for the bill or resolution to be included in the,, 2009 HSAC Legislative Package. Your Committee decided that the proposed State bills entitled "A BILL FOR AN ACT RELATING TO PRODUCT BRANDING AND LABELING" and "A BILL FOR AN ACT RELATING TO PUBLIC UTILITIES COMMISSION", respectively, need not be part of the HSAC Legislative Package, but would perhaps be more appropriately considered for inclusion in individual county packages. Your Committee agreed that the proposed State bill submitted by the Maui, County Council relating to traffic infractions need not be included in the HSAC Legislative Package; as it is a duplicate of the proposed State bill submitted by the', Honolulu City Council. Your Committee discussed the proposed State concurrent resolution. Your, Committee noted that some Maui County residents may essentially be paying for public' access television twice, once through the cable franchise fee on their cable bill, and agaim, I COUNCIL OF THE COUNTY OF MAUI POLICY COMMITTEE November 7, 2008 Committee Page 4 Report No. 08-142 through real property taxes when the Council uses that tax revenue to pay Akaku: Maui Community Television for recording and cablecasting committee and Council meetings. Your Committee noted that the State Department of Commerce and Consumer Affairs is authorized to require up to 5 percent of revenue to be utilized for PEG access organizations, but currently requires only 3 percent. Your Committee concluded that it would be better to advocate for an increase in the percentage required, with a corresponding increase being allotted to governmental agencies, rather than to advocate for a portion of the existing fee. Your Committee voted to recommend approval of the following proposed State bills, along with their corresponding justification sheets, for inclusion in the 2009 HSAC Legislative Package: "A BILL FOR AN ACT RELATING TO HOUSING", "A BII,L FOR AN ACT RELATING TO PROCUREMENT", "A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES", and "A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS". Your Policy Committee RECOMMENDS the following: That the following proposals with their corresponding justification sheets, attached hereto, be APPROVED for inclusion in the 2009 HSAC Legislative Package: a. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO HOUSING"; b. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO PROCUREMENT"; c. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES"; and d. A proposed State bill entitled "A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS"; and 2. That a copy of this committee report be TRANSMITTED to the HSAC Executive Committee. COUNCIL OF THE COUNTY OF MAUI POLICY COMMITTEE November 7, 2008 Committee Page 5 Report No. 08-142 Adoption of this report is respectfully requested. pol:cr:08003(5)ab:ghr COUNCIL OF THE COUNTY OF MAUI POLICY COMMITTEE November 7, 2008 Committee Page 6 Report No. 08-142 ~~.a BILL K.AUAKEA MEDEII20S Member ~. MICHAEL J. A Member 70~4EPH PPNTANILLA Member ~ e MICHAEL P. VICTORIIYO Member J JO JOHNSON Member .+ COUNCIL OF THE COUNTY OF MAUI WAILUKU, HAWAII 96793 CERTIFICATION OF ADOPTION It is HEREBY CERTIFIED that COMMITTEE REPORT NO. 08-142 was adopted by the Council of the County of Maui, State of Hawaii, on the 7th day of November, 2008, by the following vote: G. RIM Dannia A Mlehalla Glatlya C. Jo Anne NAllivn J. Mkhasl J. Jwaph Miohasl P. MEMBERS NOKAMA MAlEO ANDERSON 6AISA JOHNSON MEDEIROS MOLINA pONTANILW NCTORINO Ohalr VIes~Chalr ROLL CALL Aye Aye Aye- Aye Aye Aye Aye Aye Aye !/ {{I / ' I, Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City ~ County of Honolulu TO: _/~^HSAC EXEC COMIVIITTEE MEMBERS FRO, M: MEI L RAPO ,HSAC PRESIDENT l~J RE~PROPOSALS FOR.INCLUSION IN THE 2009 HAWAII STATE ASSOCIATION--~OF COUNTIES (HSAC) LEGISLATIVE PACKAGE The following proposals have been eferre°d by LhE and are transmitted for your consideration arid.approvf Legislative Package: tC The HSAC Legislative Package will only approval from all the four (4) Councils. County Councils 'the 2009 HSAC receive I would like to request your action on these matters prior to Executive Committee meeting which is scheduled for October 20, 2 A. 1. A BILL FOR AN ACT RELATING TO PRODUCT LABELING The purpose of this bill is to provide information to consumers on prod ct labels that indicate regions of origin and percentages of each country's p rt~ionrof 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. ~loh~ ~1~ G-trP/ `, G D:2008.1343a/CA:Iki ~. b esl~ ~ir,or ~4 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 20081egislative 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:2008-1343a/CA:Iki 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: Hawaii 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 I O% 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 indicatin "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 t0 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 IS unless spice is the ma'or portion of the product ] 16 17 SECTION 2. All local product packaging and labeling shall 18 reflect the following: 19 20 Increase the minimum percentage of Kona-grown coffee from 21 10$ to 75$ for anv coffee blend usin 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 anv 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: NSTIFICAT[ON 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 Hawal`i Revised Statutes, adds a new sub-section (4) in Section (a), and creates a new Section (e). NSTIFICATION: 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, solaz, 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 ofnon-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: 1 SECTION 1. HRS 269-92, relating to the Public Utilities 2 Commission is amended to read as follows: 3 §269-92 Renewable portfolio standards. (a) Each electric 4 utility compa ny that sells electricity for consumption in the 5 State shall e stablish a renewable portfolio standard of• 6 (1) Ten per cent of its net electricity sales by 7 December 31, 2010; e (2) Twenty (~"_~~;.] per cent of its net electricity 9 sales by December 31, 2015; and 10 (3) Thirty [~re~-}+] per cent of its net electricity 1~ 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 Page 2 • ~ . ~ O . 1 (1) One hundred (£~€~] 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 to (3) Where fossil and renewable fuels are co-fired in ~~ the same generating unit, the unit shall be 12 considered to generate renewable electrical ~3 energy (electricity) in direct proportion to the ~4 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 ~S 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. 1 V O. . ~ beyond the reasonable control of an electric utility, as set 2 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: 8 (1) Weather-related damage; 9 (2) Natural disasters; to (3) Mechanical or resource failure; 11 (9) Failure of renewable electrical energy producers 12 to meet contractual obligations to the electric ~3 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 ZO electrical energy due to lapsing of tax credits z~ related to renewable energy development; Page 4 ~ . U. 1 Y O. I (8) Inability to obtain permits or land use approvals 2 for renewable electrical energy projects; 3 (9) Inability to acquire sufficient cost-effective d 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 2009, c 95, §5; 10 am L 2006, c 162 §5] ~1 (e) Each electric utility company that sells 12 electricity for consumption in .the State shall decouple 13 compensation rates paid for renewable energy sources to t4 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 ~~ ~ ~ ~ ~ ~ ~ ~ No.Draft 12> RESOLUTION SUPPORTING THE RECOVERY OF THE HAWAII STATE MAMMAL, THE CRITICALLY ENDANGERED ENDEMIC HAWAIIAN MONK Far 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-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 s,~ 9~ ~ ~ ~~ x g~ ~ ~Ca,,,,R;,~ ~JE ~~ ~ ..,~a ~ `Jala.P 7 O O 0 We tR.a.t J~.eaoP.u.t;,o,~, ~JZa. 2008-42, ~~ 1, ~aa aa.~prea 8,~. tke ~ou.ncil~ ~ tRe ~ .'~. ~~ ~ .11.aw.ai'i,. dM~.w'e, `JG~.'4. ~aa.'c. a,. eSe~Xern.Piar, 10, 2008. (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 anaffordable housing project under Section 201H-38, Hawaii Revised Statues, to ninety days. MEANS: Amends Section 201H-38, Hawaii Revised Statues. JUSTIFICATION: With the authority granted to the county councils by Act 249 (2007) to modify affordable housing projects, extending the councils' review period to ninety days will produce projects that aze better suited to the counties' respective needs while still providing an expedited process. The 45-day deadline is inadequate for a responsible review of a project, partly because a significant amount of time is consumed by the notice requirements under Chapter 92, HRS, for scheduling Council and committee meetings. Passage of this measure would reflect the Legislature's recognition of the scheduling and other limitations imposed on the councils by the Sunshine Law. This measure only addresses the councils' role in the approval process, which historically has not been the source of delays and increased costs for good affordable housing projects. pef.~ghr:07.2416 .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 l0 with an eligible developer, or may assist under a government t1 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 i 2 3 4 5 6 7 8 9 l0 It 12 13 14 15 16 17 18 19 20 21 22 23 .B. NO. (1) The corporation finds the housing project is consistent with the purpose and intent of this chapter, and meets minimum requirements of health and safety; (2) The development of the proposed housing project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or of the various boards of water supply authorized under chapter 54; (3) The legislative body of the county in which the housing project is to be situated shall have approved the project with or without modifications: (A) The legislative body shall approve, approve with modification, or disapprove the project by resolution within [__=~ °_:=] ninety days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body. If on the [f~.rt7 -o~~] ninety-first day a project is not disapproved, it shall be deemed approved by the legislative body; (B) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken by them in reviewing, 07-241a 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 3 .B. NO. approving, modifying, or disapproving the plans and specifications; and (C) The final plans and specifications for the project shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the zoning, building, construction, and subdivision standards for that project. For purposes of sections 501-85 and 502-17, the executive director of the corporation or the responsible county official may certify maps and plans of lands connected with the project as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the land court and registrar; and (4) The land use commission shall approve, approve with modification, or disapprove a boundary change within forty-five days after the corporation has submitted a petition to the commission as provided in section 07-241a Page 4 . ~ . ~ ^ O . 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 boazd 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 boazd. JUSTIFICATION: §103D-201 and §103D-202, HRS, establish a procurement policy boazd 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 boazds restricting a government's ability to participate in cooperative contracts. Currently, local governments in the State of Hawaii aze limited by the Hawaii Administrative Rules set by the policy boazd to choose whether to use cooperative contracts. This is true even if the cooperative contracts went through a competitive selection process similaz 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. o~r:bnn:or-z~9n .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 °~103D-802 Cooperative purchaeiag 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 8 nonprofit private procurement units pursuant to [des-adegted 9 ~;- t: ~ ^^" -" '-^^-~ -^a] an agreement entered into between the l0 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. 18 SECTION 3. This Act shall take. effect upon its approval. 07-239a Paget .~. NO. INTRODUCED BY: 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- 191(a), Hawaii Revised Statutes JUSTIFICATION: While the counties are responsible for enforcement, revenues accnting from violations of the Statewide Traffic Code are paid solely to the State. Traffic citations are issued by police officers whose costs, including salazies, 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 Taws 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 wunties with a dedicated revenue source and diversify the counties' revenue bases. As a result, the measure would help to stabilize the counties' budgets and promote the viability of the counties' public services, including the provision oftraffic-safety improvements. .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. Page 2 . ~ . ~ O . 1 Sec. 291F-8 Transmittal of fines and forfeitures. (a) The 2 state director of finance shall transmit to each county not more 3 than thirty days after the end of each fiscal quarter per 4 cent of all the fines and forfeitures collected for uncontested 5 traffic infractions committed in that county which are in excess 8 of amounts required by the State to pay the administrative costs 7 of the traffic violations bureau. 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 (b) Subsection (a) shall not apply to: (1) Fines and forfeitures for violations that occur on state off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; and (2) Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund. No county shall be entitled to any portion of the fines and forfeitures described in this subsection." SECTION 2. Section 291C-171, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws 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 291E-A. The disposition of 5 fines and forfeitures paid to the state director of finance 6 shall be subject to section 291E-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 9. New statutory material is underscored. 12 SECTION 5. This Act shall take effect on July 1, 2006. 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 940G-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 16-131-39 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 1989, 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 .C.R. 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: ROS-206 FD1.GK clTr couNCIL CITYAND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE Introduced: 08/28/08 By: NESTOR GARCIA RESOLUTION 08-206, FD1 Committee: I NT E RG O V E R N M E NTA L AFFAIRS 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 0&206, FD1) APO Y CACHOLA Y DELA CRUZ Y DJOU Y GARCIA Y KOBAYASHI Y MARSHALL Y OKINO Y TAM Y I hereby certl(y that Ue above Is a true record of actlon by the Countll of the City and County of Honolulu on this RESOLUTION. DENISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER 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. ;~';w~~~ CITY COUNCIL • , f - CITY AND COUNTY OF HONOLULU ~~_-~'• HONOLULU, HAWAII RESOLUTION No. 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. 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 ;~° ~~•` CITY COUNCIL • I " ~ CITY AND COUNTY OF HONOLULU •'~ HONOLULU, HAWAII No. 08-206, FD1 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: DATE.OF INTRODUCTION: Nestor Garcia August 28, 2008 Honolulu, Hawaii Councilmembers .JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties T[TLE: RELATING TO CRIMINAL HISTORY RECORD CHECKS BY COUNTIES PURPOSE: 1'o 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 aze authorized to be conducted on individuals in sensitive positions in government agencies, govermment 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. .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 896-2.7, 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, $ 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 (9) 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 . ~ . ~ ^ O . 1 organizations, and foster boarding homes as provided 2 by section 396-17; 3 (8) The department of human services on prospective 4 adoptive parents as established under section 5 396-19.7; 6 (9) -The department of human services on applicants to 7 operate child care facilities, prospective employees $ of the applicant, and new employees of the provider 9 after registration or licensure as provided by section 10 396-154; 11 (10) The department of human services on persons exempt 12 pursuant to section 396-152 to be eligible to provide 13 child care and receive child care subsidies as 14 provided by section 396-152.5; 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 396-335; 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-9.3; 7 (19) The judiciary on employees and applicants at detention 8 and shelter facilities as provided by section 571-39; 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 963-9; 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Page 5 .B. NO. from which the national criminal history record information was provided as provided by section 302C-1; (18) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A- 601.5; (19) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, dependent adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7; (20) The department of human services on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 346-97; (21) The department of human services on purchase of service contracted and subcontracted service providers 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 396-97; [ate] 13 (29) The county agencies responsible for taxicab re ulation 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 ~'`~~~~~ CITY COUNCIL • f CITY AND COUNTY OF HONOLULU '<e; .~.•' HONOLULU, HAWAII No.08°20? 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 ~ IGA '`~~"~ CITY COUNCIL • f CITY AND COUNTY OF HONOLULU '°~•....•'` HONOLULU, HAWAII No. 08-2~f 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 2U!)8 Honolulu, Hawaii Councilmembers 2 clrY 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. INTERGOVERNMENTAL 9/4108 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 Mat the above is a true record of actlon by the CounrJl of the Ciry and Ccunty 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: 12ELATING 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 aze paid solely to the State. Traffic citations are issued by police officers whose costs, including salazies, 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 amuch-needed modicum of financial relief from the State. 1'he 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 occuned. 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 . ^ . ~ O . 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 o£ 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 4. This Act shall take effect on July 1, 2009. 11 INTRODUCED BY: HSAC unadjudicated.gk '1, , ;'~•~~ "~. CITY COUNCIL • f CITY AND COUNTY OF HONOLULU ~' 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 Ciry 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 -~'" HONOLULU, HAWAII No.Q8-184 RESOLUTION BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. I Y: DATE OF INTRODUCTION: AUG - 5 2008 Honolulu, Hawaii Councilmembers 2 CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 08-184 Introduced: 08105/08 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 8/4108 CR-278 -RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. AFFAIRS COUNCIL 9124/08 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 Coundl of the Ciry and County of Honolulu on this RESOLUTION. DENISE C. DE COSTA, CITY CLERK BARBARA MARSHALL, CHAIR AND PRESIDING OFFICER