HomeMy WebLinkAboutCOM 0119.000 2008-2010Hawaii State Association of Counties
Counties of Kauai, Maui and Hawaii, City ~ County of Honolulu
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MEMORANDUM Cr ~
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FROM: Dennis "Fresh" Onishi ~ ~ rri ~-''
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HSAC Representative\~ y, ~ • s
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DATE: January 26 2009 ~ 2 y
SUBJECT: HSAC
On Tuesday, Januazy 13, 2009, I attended the HSAC; \gt~a~iti~e Briefing n Oahu.
Others in attendance were: HSAC President Derek Kawakamt; HSAC Treasurer Joe
Pontanilla, HSAC Secretary Nestor Gazcia, Kauai staff member Cyndi Ay non, and Maui
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sta member Gayle Revels. Also in attendance were Senate.President Colleen Hanabusa
and her staff and Representative Marcus Oshiro. ~,-t~''1
We presented Senate President Hanabusa with four proposed bills. Copies of letters to
Senate President Hanabusa and House Speaker Say, along with the 2009 HSAC
Legislative Package are attached for your review. Senate President Hanabusa agreed to
look into the proposed bills; however, due to budget constraints the bill relating to Traffic
Infractions will require further consideration. 1«
The next scheduled HSAC meeting will be held on Oahu on February 23,
Attachments
Comm.
Ref. To:
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~ Serving the Interests ojthe People ojOur Island
~r„F ~,~ Hawai i County is an Egual Opportunity Provider and Employer
'~`~<~ ..lp ~ Hawaii State Association of Counties
' Counties of Kauai ty ~,
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2009
Legislative
Priorities
Dear Honorable Senate President Colleen Hanabusa:
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HSAC would like to humbly request your support and introduction of the four proposals. which
will be the focus of our efforts this session.
A Bill Relating to Housing -This proposal extends the forty-five day window for a legislative
body to approve, approve with modification, or disapprove an affordable housing project
under Section 201-H-38, Hawaii Revised Statutes, to ninety days.
2. A Bill Relating to Procurement -This proposal removes the equipment for focal
gover,~,ments to comply with the rules adopted by the policy board and to place the
dec~is o smaking power to use cooperative contracts within the discretion of the local
gover~n~?efits.
""~3. A Bill Relating to Gi7t~ii~iFHistory Record Checks by Counties -This proposal allows the
counties to conduct'~Cnirj~~a'~~; history ecord checks on taxicab drivers and applicants for
taxicab driver's certificates `~' ~`.~~;
4. A Bill Relating to Traffic Infractions - This~p;~opo~sa"t~re~cjxi ~~~the State to transfer a portion
of the fines and forfeitures collected for uncontested.L4rafFic.lh~fractions to the county in which
the violations occurred. ~~
As the non-profit organization representing all the counties, we n
these proposals and are willing to discuss our priorities with you further
We look forward to working with you during the session.
Si~rely,
VK
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Derek S. K. Kawakami, HSAC
Hawaii State Association of Counties, Go Kauai County Council, 4396 Rice Street, Suite 206; Lihu'e; HI 96766 Ph. (808) 241-6371
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'`~~ Hawaii State Association of Counties _:~ ~'q
`~;, ~ ~,..;;:' Counties of Kauai, Maui, Hawaii and City and County of Honolulu 9
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2009
Legislative
Priorities
Dear Honorable House Speaker Calvin K.Y. Say:
HSAC would like to humbly request your support and introduction of the four proposals which
will be the focus of our efforts this session.
1. A Bill Relating to Housing -This proposal extends the forty-five day window for a legislative
body to approve, approve with modification, or disapprove. an affordable housing project
under Section 201-H-38, Hawaii Revised Statutes, to ninety days.
2. A Bill Relating to Procurement -This proposal removes the equipment for local
goverx~~ents to comply with the rules adopted by the policy board and to place the
deciston'rtiaking power to use cooperative contracts within the discretion of the local
go~e~rM °'nts.
3. A Bill Relating to n f~a History Record Checks by Counties -This proposal allows the .
counties to conduct gTah2!ja~7a histo , rec rd checks on taxicab drivers and applicants for
taxicab driver's certificates ~"
4. A Bill Relatin to Traffic Infractions - Thlss ~o osahj'e" ,es~the State to transfer a portion
of the fines and forfeitures collected for untested~af4~nfractions to the county in which
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the violations occurred. .~
As the non-profit organization representing all the counties, we
these proposals and are willing to discuss our priorities with you furthe
We look forward to working with you during the session.
Sincerely,
~~ ~~
Derek S.K. Kawakami, HSAC
Hawaii State Association of Counties, c/o Kauai County Council, 4396 Rice Street, Suite 206, Lfiu'e, HI 96766 Ph. (808) 241-6377
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Hawaii State Association of Counties ='~ 9
~;~ Counties of Kauai, Maui, Hawaii and City and County of Honolulu Y
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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:'
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JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: A BILL FOR AN ACT RELATING TO HOUSING
PURPOSE: Extends the forty-five day window for a legislative body to
approve, approve with modification, or disapprove an affordable
housing project under Section 201H-38, Hawaii Revised Statues,
to ninety days.
MEANS: Amends Section 201H-38, Hawaii Revised Statues.
JUSTIFICATION: With the authority granted to the county councils by Act 249
(2007) to modify affordable housing projects, extending the
councils' review period to ninety days will produce projects that
aze better suited to the counties' respective needs while still
providing an expedited process.
The 45-day deadline is inadequate for a responsible review of a
project, partly because a significant amount of time is consumed
by the notice requirements under Chapter 92, HRS, for scheduling
Council and committee meetings.
Passage of this measure would reflect the Legislature's recognition
of the scheduling and other limitations imposed on the councils by
the Sunshine Law.
This measure only addresses the councils' role in the approval
process, which historically has not been the source of delays and
increased costs for good affordable housing projects.
paf: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
l1 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:
07-241 a
Page 2 . ~ . . ^ O .
1 (1) The corporation finds the ,housing project is
2 consistent with the purpose and intent of this
3 chapter, and meets minimum requirements of health and
4 safety;
5 (2) The development of the proposed housing project does
6 not contravene any safety standards, tariffs, or rates
7 and fees approved by the public. utilities commission
8 for public utilities or of the various boards of water
9 supply authorized under chapter 54;
10 (3) The legislative body of the county in which the
l1 housing project is to be situated shall have approved
12 the project with or without modifications:
13 (A) The legislative body shall approve, approve with
14 modification, or disapprove the project by
15 resolution within [°==- ""=] ninety days after
16 the corporation has submitted the preliminary
plans and specifications for the project to the
18 legislative body. If on the [``_=t =i_:t`~]
t9 ninety-first day a project is not disapproved, it
z0 shall be deemed approved by the legislative body;
21 (B) No action shall be prosecuted or maintained
22 against any county, its officials, or employees
23 on account of actions taken by them in reviewing,
07-241a
Page 3
.B. NO.
1 approving, modifying, or disapproving the plans
2' and specifications; and
3 (C) The final plans and specifications for the
4 project shall be deemed approved by the
5 legislative body if the final plans and
6 specifications do not substantially deviate from
7 the preliminary plans and specifications. The
8 final plans and specifications for the project
9 shall constitute the zoning, building,
10'. construction, and subdivision standards for that
11 project. For purposes of sections 501-85 and
12 502-17, the executive director of the corporation
13 or the responsible county official may certify
l4 maps and plans of lands connected with the
15 project as having complied with applicable laws
16 and ordinances relating to consolidation and
17 subdivision of lands, and the maps and plans
18 shall be accepted for registration or recordation
19 by the land court and registrar; and
20 (4) The land use commission shall approve, approve with
21 modification, or disapprove a boundary change within
22 forty-five days after the corporation has submitted a
23 petition to the commission as provided in section
07-241a
Page 4 . ~ . ~ 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
S INTRODUCED SY:
07-241a
b
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
rule's 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.
NSTIFICATION: §103D-201 and §103D-202, HRS, establish a procurement policy
boazd with the authority to adopt rules consistent with Chapter
]03D. Chapter ]03D 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 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 aze 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.
pef.3anh:07-239b
,~
.B. NO.
A BILL FOR AN ACT
RELATING TO PROCUREMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
t SECTION 1. Section 103D-802, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "~103D-802 Cooperative purchasing authorized. A public
4 procurement unit may either participate in, sponsor, conduct, or
5 administer a cooperative purchasing agreement for the
6 procurement of goods, services, or construction with one or more
7 public procurement units, external procurement units, or
8 nonprofit private procurement units pursuant to [--adegted
9 ] 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
l3 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.
lei SECTION 3. This Act shall take effect upon its approval.
07-239a
e
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Page 2
INTRODUCED BY:
.B. NO.
07-239a
.IUS77FICATION SHEET
PROPOSER: Hawaii Stale 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
roe.
JUSTIFICATION: Criminal history record checks aze authorized to be conducted on
individuals in sensitive positions in government agencies, govemment
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 maybe
perpetrated by crimina] 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 wil] 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,
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
1d 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
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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
.U. 1 VO.
1 organizations, and foster boarding homes as provided
2 by section 396-17;
3 (8) The department of human services bn 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
8 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 346-152 to be eligible to provide
13 child care and receive child care subsidies as
14 provided by section 346-152.5;
15 (11) The department of human services on operators and
16 employees of home and community-based case management
17 agencies and operators and other adults, except for
18 adults in care, residing in foster family homes as
19 provided by section 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
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(13) The department of human services on.employees,
prospective employees, and volunteers of contracted
providers and subcontractors in positions that place
them in close proximity to youth when providing,
services on behalf of the office or the Hawaii youth
correctional facility as provided by section 352D-9.3;
(19) The judiciary on employees and applicants at detention
and shelter facilities as provided by section 571-39;
(15) The department of public safety on employees and
prospective employees who are directly involved with
the treatment and care of persons committed to a
correctional facility or who possess police powers
including the power of arrest as provided by section
353C-5;
(16) The department of commerce and consumer affairs on
applicants for private detective or private guard
licensure as provided by section 963-9;
(17) Private schools and designated organizations on
employees and prospective employees who may be in
positions that necessitate close proximity to
children; provided that private schools and designated
organizations receive only indications of the states
i
HSAC criminal taxi.gk
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Page 5 . ~ . ~ O .
1 from which the national criminal history record
2 information was provided as provided by section
3 3020-1;
4 (18) . The public library system on employees and prospective
5 employees whose positions place them in close
6 proximity to children as provided by section 302A-
7 601.5;
8 (19) The State or any of its branches, political
9 subdivisions, or agencies on applicants and employees
10 holding a position that has the same type of contact
11 with children, dependent adults, or persons committed
12 to a correctional facility as other public employees
13 who hold positions that are authorized by law to
14 require criminal history record checks as a condition
15 of employment as provided by section 78-2.7;
16 (20) The department of human services on licensed adult day
17 care center operators, employees, new employees,
18 subcontracted service providers and their employees,
19 and adult volunteers as provided by section 396-97;
20 (21) The department of human services on purchase of
21 service contracted and subcontracted service providers
22 and their employees serving clients of the adult and
HSAC criminal taxi.gk
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Page 6
.B. NO.
.. . ,
1 community care services branch, as provided by section
2 396-97;
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 servipe 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; [a~dJ
13 (29) The county agencies responsible for taxicab regulation
14 on taxicab drivers and applicants for taxicab driver's
15 certificates; and
16 [-r2~;-] (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
G.t
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, 291F, "Transmittal of Uncontested Traffic
Fines and Forfeitures to Counties," and amend section 291 C-
171(a), Hawaii Revised Statutes
JUSTIFICATION: While the counties are responsible for enforcement, revenues
accruing from violations of the Statewide Traffic Code are paid
solely to the State. Traffic citations aze 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 a
much-needed modicum of financial relief from the State. The
measure specifically excludes those fines and forfeitures accruing
from State-enforced violations, which do not involve the
expenditure of County resources.
When traffic violations remain uncontested, there is no need to
resort to the State courts. The burden on State-funded personnel
and resources is, therefore, minimized. The bill seeks solely to
have those fines and forfeitures paid by offenders without contest
transferred to the county in which the infraction occurred.
Authorizing the counties to collect such fines and forfeitures would
provide the counties with a dedicated revenue source and diversify
the counties' revenue bases. As a result, the measure would help
to stabilize the counties' budgets and promote the viability of the
counties' public services, including the provision oftraffic-safety
improvements.
.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
$ TRANSMITTAL OF UNCONTESTED TRAFFIC FINES
6 AND FORFEITURES TO COUNTIES
7 Sac. 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
.B. NO.
1 Sec. 291F-H Transmittal of fines snd forfeitures. (a) The
2 state director of finance shall transmit to each county not more
3 than thirty days after the end of each fiscal quarter per
4 cent of all the fines and forfeitures collected for uncontested
5 traffic infractions committed in that county which are in excess
6 of amounts required by the State to pay the administrative costs
7 of the traffic violations bureau.
8 (b) Subsection (a) shall not apply to:
9 (1) Fines and forfeitures for violations that occur on
10 state off-street parking facilities, parks, airports,
11 and harbors that are subject to enforcement by the
12 State; and
13 (2) Fines and forfeitures that are required by law to be
14 paid into a special, revolving, or trust fund.
15 No county shall be entitled to any portion of the fines and
16 forfeitures described in this subsection."
17 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is
18 amended by amending subsection (a) to read as follows:
18 "(a) All fines and forfeitures collected upon conviction or
20 upon the forfeiture of bail of any person charged with a
21 violation of any section or provision of the state traffic laws
22 and all assessments collected relating to the commission of
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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-H."
7 SECTION 3. In codifying the new sections added by section
8 1 of this Act, the revisor of statutes shall substitute
9 appropriate section numbers for the letters used in designating
10 the new sections in this Act.
11 SECTION 4. New statutory material is underscored.
72 SECTION 5. This Act shall take effect on July 1, 2008.
13 INTRODUCED HY: