HomeMy WebLinkAboutRES 268 Draft 01 2008-2010
COUNTY OF HAWAI'I
STATE OF HAWAI'I
RESOLUTION NO.
268 09
A RESOLUTION RELATING TO LEGISLATIVE PROPOSALS FOR INCLUSION IN
THE 2010 HAWAI'I STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE
PACKAGE.
WHEREAS, proposals have been submitted by member counties of the Hawai'i State
Association of Counties (HSAC) for consideration and adoption by the Hawai'i County Council
for inclusion in the 2010 HSAC legislative package; and
WHEREAS, timely action and concurrence by the Hawai'i County Council is required
to include these measures in the 2010 HSAC Legislative Package presented to the State
Legislature when it convenes in session on January 20, 2010; and
WHEREAS, bills are heard sooner during the legislative session, therefore three of the
five proposed resolutions have an accompanying bill and all are attached to this resolution, as
follows:
1. Relating to the State Department of Taxation - A resolution supporting and an
accompanying bill allowing the counties access to the State Department of Taxation
income tax database.
2. Relating to the Hawai'i Employer-Union Health Benefits Trust Fund (EUTF) - A
resolution urging the EUTF to conduct a feasibility study to establish a captive
insurance program, and an accompanying bill to add a trustee to the board of trustees
of the EUTF to represent the interests of the counties.
3. Relating to the State Land Use Commission - A resolution asking the State to
consider transferring the duties, functions and responsibilities of the State Land Use
Commission to each respective County Planning Commission, and an accompanying
bill which amends various Chapters, H.R.S. to abolish the State Land Use
Commission and state land use districts.
4. Relating to Elections - A resolution asking the State to provide appropriate levels of
service for the 2010 elections.
5. Relating to the Wireless Enhanced 911 Special Fund - A resolution asking the State
to refrain from utilizing the fund for purposes other than designated by Act 159
(2004), and to remove the spending cap.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAW AI'I, that it approves the foregoing proposals for inclusion in the 2010 Hawaii State
Association of Counties Legislative Package as set forth as attached; and
BE IT FIN ALL Y RESOLVED, that copies of this Resolution be transmitted by the
County Clerk to the HSAC President Derek Kawakami, Finance Director Nancy Crawford,
Managing Director William Takaba, and the Honorable Mayor William Kenoi.
, Hawai'i, this
day of
,2009.
Dated at
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAW AI'I
COUNTY COUNCIL
County of Hawai'i
Hilo, Hawai' i
ROLL CALL VOTE
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County ofHawai'i on
AYES NOES ASS EX
ENRIQUES
FORD
GREENWELL
HOFFMANN
IKEDA
NAEOLE
ONISHI
YAGONG
YOSHIMOTO
ATTEST:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
Reference: C- 607 /PWIRC-
RESOLUTION NO. 268 09
'51'
Hawai'i State AssOciation of Counties
Counties of Kaua'i, Maui, Hawai'i and City and County of Honolulu
RESOLUTION IN SUPPORT OF ALLOWING COUNTIES ACCESS TO THE STATE
DEPARTMENT OF TAXATION'S INCOME TAX DATABASE
WHEREAS, all four counties in the State of Hawaii currently tax real properties
according to the properties' highest and best use, using methods of mass appraisal; and
WHEREAS, access to the state department of taxation's income tax database
would enable counties to evaluate the efficacy of converting the current system to an
------~ -income -based-system~-eval uating-an-ind ivid ual's -abi lity-to--pay-by-measu ri n-g-i ncome--;------------ ----- ----
-.-~Ievel;-+and- + - --- ----
---_. -
WHEREAS, Section 235-117, Hawaii Revised Statutes, permits any county of
the state or the county's authorized representative to inspect the income tax returns of
any person for tax purposes, however, representatives of the counties' real property tax
agencies hav .. d that counties have been unable to access the state's income tax
database; nq, fore,
},t13E IT RESOLVED by t All STATE ASSOCIATION OF COUNTIES that it
urges the state legislature to eq",',y)}t)",i.rlation to permit all counties of the state, and
their authorized representatives;;;~:it):~~~~~s th ~nt of taxation's income tax
database; and P
nsmitted to the
te, and the
BE IT FINALLY RESOLVED that copies of thi 'es I
state director of taxation, the governor, the president of the.~tat~
sp~ the House of Representatives.
DER(/IlM: -
President
DENNIS ONISHI
Secretary
OCS/091609/02:02/CT
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO COUNTY TAXATION.
PURPOSE: To require the state tax department to grant counties access to the
state's income tax database.
MEANS: Amend sections 231.18 and 235-117, Hawaii Revised Statutes.
JUSTIFICATION: All four counties in the State of Hawaii currently tax real
properties according to the properties' highest and best use, using
methods of mass appraisal. Access to the state department of
taxation's income tax database would enable counties to nlOre
efficiently process applications for real property tax credits.
.8. NO.
A BILL FOR AN ACT
RELATING TO TAXATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1
SECTION 1. The purpose of this Act is to provide the
2 counties with access to the state income tax databases in order
3 to enable the counties to efficiently provide real property tax
4 relief to eligible taxpayers.
5
SECTION 2. Section 231-18, Hawaii Revised Statutes, is
6 amended to read as follows:
7
"231-18 Federal or other tax officials permitted to
8 inspect returns; counties' access to income tax databases;
9 reciprocal provisions.
10 Notwithstanding the provisions of any law making it unlawful for
11 any person, officer, or employee of the State to make known
12 information imparted by any tax return or permit any tax return
13 to be seen or examined by any person, it shall be lawful to
14 permit a duly accredited tax official of the United States, any
15 state or territory, any county of this State, or the Multistate
16 Tax Commission to inspect any tax return of any taxpayer, or to
Page 2
1 furnish to an official, commission, or the authorized
2 representative thereof an abstract of the return or supply the
3 official, commission, or the authorized representative thereof
4 with information concerning any item contained in the return or
5 disclosed by the report of any investigation of the return or of
6 the_subject matter of the return for tax purposes only. The
7 Multistate Tax Commission may make the information available to
8----a---duiyaccredited tax official of the United States, any state
9 or territory, or the authorized representative thereof, for tax
10 purposes only. The department shall permit any county of this
. 11 StaTe or -the---authorized representatives thereof to access the
12 income tax data of applicants for real property tax credits."
13
SECTION 3. Section 235-17, Hawaii Revised Statutes, is
14 amended to read as follows:
15
"235-117 Reciprocal supplying of tax information;
16 counties; access to income tax databases.
17 Notwithstanding section 235-116, the department may permit the
18 Secretary of the Treasury of the United States, the Commissioner
19 of Internal Revenue, the Multistate Tax Commission, or the
20 proper officer of any state or territory imposing an income tax
21 upon incomes of persons taxable under this chapter, or any
22 county of this State, or the authorized representatives thereof
23: to inspect the income tax returns and estimates of any such
24 person for tax purposes only. The department may also furnish
-'
Page 3
1 to these authorized persons an abstract of an income tax return
2 or ~stimate or supply these persons with information concerning
3 any item of income contained in a return or disclosed by the
4 report of an investigation of the incomebr return -of a
5 taxpayer. The Multistate Tax Commission may make the
6 information available to a duly accredited tax official of the
7 United States, any state or territory, or the authorized
8- repres-eri-t-ciEive-- tnere-6f~-- for-tax purposes only. The. department
9 shall permit any county of this State, or the authorized
10 representatives thereof to access the income tax data of
11 applicants for real property tax credits."
12
SECTION 4. New statutory material is underscored.
13
SECTION 5. This Act shall take effect upon its approval.
14
INTRODUCED BY:
Counties of Kaua'i, Maui, Hawai'i and City and County of Honolulu
Hawai'i State Association of Counties
RESOLUTION URGING THE HAWAII EMPLOYER-UNION HEALTH BENEFITS
TRUST FUND TO CONDUCT A FEASIBILITY STUDY TO ESTABLISH A CAPTIVE
INSURANCE PROGRAM FOR HEALTH INSURANCE AND ESTABLISH SUCH A
PROGRAM.
WHEREAS, Chapter 87A, Hawaii Revised Statutes, establishes the Hawaii
Employer-Union Health Benefits Trust Fund ("EUTF") to provide state and county
employees and retirees and their dependents with health insurance benefits, and was
created as asingle health benefits delivery system in 2001 to reduce the projected
--....--------~neCflth--mrn:f.c-o-sts~to-th-e-state-an-d-coonti-e-s;-and --~-~--------------
WHEREAS, the EUTF, the state, and Hawaii's counties must continue to
consider innovative means to take better control of their financial destinies, reduce
increases in premiums, and cut unnecessary costs to both health plan participants and
employers; an
WHE e total amount contributed to the EUTF for health benefit plans in
fiscal ar 2008 w 5$551,754,5 of this amount $307,468,074 came from the state,
$12 , 36,434 came from the and county water supply agencies, and
$115,650,073 was contributed ees;
loyer contribution
fiscal year
WHEREAS, as an example, Honolulu's appro
has increased from $50,000,000 in fiscal year 2000
2010, an increase of over 100%; and
WHEREAS, if this trend continues, the state and counties' required co
to the EUTF health fund might double again in the next decade; and
WHEREAS, according to the EUTF's annual report the total number
individuals (employees and dependents) enrolled with insurance coverage t
EUTF was 167,800, as of June 30,2008; and
WHEREAS, according to the state of Hawaii Data Book there were
workers and 18,550 county workers in 2008; and
WHEREAS, the numbers of state and county workers and individuals e ed
with the EUTF represent a substantial base to develop a captive health insurance
program; and
WHEREAS, E;!mployers and employees share in the payment of health insurance
premiums and the increases in the premiums are more than the annual increases in
inflation and in pay for employees; and
OCS/102009/04:04/HM
1
WHEREAS, many active employees experienced a 23.4% hike in their health
care premium contributions effective July 1 , 2009 and retirees are slated to face an
additional hike on January 1,2010; and
WHEREAS, the state is authorized to establish a captive insurance company
under HRS Chapter 431, Article 19; and
WHEREAS, according to the state department of commerce and consumer
affairs, Hawaii is the fifth largest captive insurance domicile in the world based on the
captives' combined capital assets of more than $7 billion and the ninth largest based on
the number of captives with 220 licenses issued and 165 active licenses, as of
December31,2008;and
WHEREAS, any captive insurance company created to provide health insurance
for state and county employees, retirees, and their dependents should be created by the
EUTF; and
WHEREAS, it is important that the EUTF look at innovative ways to achieve
reasonable costs and coverage for health insurance by reducing or slowing the runaway
rate increases that have occurred in the past decade, while maintaining the high level of
care expected by public employees and retirees; and
WHEREAS, the current status of state and county health insurance is not
sustainable and a solution is necessary to lower costs and maintain seNices; now,
therefore,
BE IT RESOLVED by the HAWAII STATE ASSOCIATION OF COUNTIES that it
urges the Hawaii Employer-Union Health Benefits Trust Fund to examine innovative
means of maintaining current health benefits while controlling costs to the state and
counties and their employees, including a feasibility study to establish a captive
insurance program for health benefits; and
BE IT FURTHER RESOLVED that if the feasibility study recommends the
creation of a captive health insurance program, the EUTF is urged to conduct a captive
health insurance pilot program for one or more counties or implement a captive health
insurance program outright for all members; and
2
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
Trustees of the Hawaii Employer-Union Health Benefits Trust Fund, the state insurance
commissioner, the governor, the president of the state senate, the speaker of the house
of reR ntatives, and the mayors and council chairs of the four counties.
"
DENNIS ONISHI
Secretary__
~._---- - ----~_.- --1-
.....
NESTOR GARCIA
Vice President
.~
---~NILLA-. 0_ ..--
----- - ----- __on_om Treasurer
3
-------/
.JUSTIFICA TION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO THE HA WAn EMPLOYER-UNION HEALTH
BENEFITS TRUST FUND BOARD OF TRUSTEES.
PURPOSE: To add a trustee to the board of trustees of the EUTF to represent
the interests of the counties.
MEANS: Amend section 87 A-5, Hawaii Revised Statutes.
JUSTIFICATION: In 2008 there were 74,300 state workers and 18,550 county
workers. For FY 2007-2008 the total amount contributed to the
EUTF for health benefit plans was over $550 million, with over
$128 ri1illiori coming froriithe counties8.11d county wakrsupply
agencies. Of the total EUTF board membership, there are five
employer trustees on the board who are currently state
administration representatives and current law does not include a
provision for county representation. As employers, the counties
pay a substantial amount into the EUTF and should have some say
on the board of trustees.
Recently, decisions have been made by the EUTF that affect the
counties, including the decision to change the prescription drug
program, and have caught members by surprise. By adding a
trustee to the EUTF to represent the counties, members may be
better informed of changes to the programs and decisions may be
made that will take county interests into consideration.
.B. NO.
A BILL FOR AN ACT
RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND
BOARD OF TRUSTEES.
----------BE-IT-ENACTED-BY-THE-r:;EGISLATURE-OF--THE-STA:TE-OF]{A:WAlI:
1
SECTION 1. The purpose of this Act is to add a trustee to
2 the board of trustees of the EUTF to represent the interests of
3 the counties.
4 According to the state of Hawaii 2008 Data Book there were
5 74,300 state workers and 18,550 county workers. For FY 2007-
6 2008 the total amount contributed to the EUTF for health benefit
7 plans in fiscal year 2008 was $551,754,581; of this amount
8 $307,468,074 came from the state, $128,636,434 came from the
9 counties and county water supply agencies, and $115,650,073 was
10 contributed by employees. Of the total EUTF board membership,
11 there are five employer trustees on the board who are currently
12 state administration employees and current law does not include
13 a provision for county representation. As employers, the
14 counties pay a substantial amount into the EUTF and should have
15 some say on the board of trustees. Recently, decisions have
16 been made that affect the counties, including the decision to
Page 2
.8. NO.
1 change the prescription drug program, and have caught members by
2 surprise. By adding a trustee to the EUTF to represent the
3 counties, ~members may be better informed of changes to the
4 programs and decisions may be made that will take county
5 interests into consideration.
6
SECTION 2. Section 87A-5, Hawaii Revised Statutes, is
7_----am~p'ded to read as follows:
8
"~87A-5 Composition of board. The board of trustees of
9 the employer-union health benefits trust fund shall consist of
10 [~] eleven trustees appointed by the governor in accordance
11 with the following procedure:
12
(1) Five trustees, one of whom shall represent retirees,
13
to represent employee-beneficiaries and to be selected
14
as follows:
15
(A) Three trustees shall be appointed from a list of
16
two nominees per trustee selected by each of the
17
three exclusive representative organizations that
18
have the largest number of employee-
19
beneficiaries;
20
(B) One trustee shall be appointed from a list of two
21
nominees selected by mutual agreement of the
22
remaining exclusive employee representative
23
organizations; and
Page 3
.8. NO.
1
(C) One trustee representing retirees shall be
2
appointed from a list of two nominees selected by
3
- mutual-agreement:--of- all--el-igible exclusive
4
representatives; and
5
(2) Five trustees to represent public employers.
6
H___ ( 3 ) One trustee to represent county public employers
7
appointed from a list of two nominees selected by the
8
Hawaii State Association of Counties, or if that
9
association shall cease to exist, by a successor
10
organization composed of the members of the councils
11
of all Hawaii counties excluding the county of
12
Kalawao.
13
Section 26-34 shall not apply to board member selection and
14 terms. Notwithstanding any other provision of this section, no
15 exclusive representative of a bargaining unit that sponsors or
16 participates in a voluntary employee beneficiary association
17 shall be eligible to select nominees or to be represented by a
18 trustee on the board.
19 As used in this section, the term "exclusive
20 representative" shall have the same meaning as in section 89-2."
21 SECTION 3. Statutory material to be repealed is bracketed
22 and stricken. New statutory material is underscored.
Page 4
.8. NO.
1
SECTION 4. This Act shall take effect upon its approval.
2
INTRODUCED BY:
_._,-
Counties of Kaua'i, Maui, Hawai'i and City and County of Honolulu
Hawai'i State Association of Counties
RESOLUTION REQUESTING THE ,STATE CONSIDER TRANSFERRING THE
DUTIES, FUNCTIONS AND RESPONSIBILITIES OF THE STATE LAND USE
COMMISSION TO EACH RESPECTIVE COUNTY PLANNING COMMISSION.
WHEREAS, in 1961 the Hawaii state legislature established the Land Use
Commission ("LUC") to be responsible for preserving and protecting Hawaii's lands and
encouraging those uses to which lands are best suited, as well as to administer a state-
wide zoning law; and
---
WHEREAS, the LUC is composed of nine members, who are appointed by the
governor and confirmed by the state senate, and their primary role is to ensure that
areas of state concern are addressed and considered in the land use decision making
process; and
WHEREAS, the LUC establishes the district boundaries for the entire state, acts
on petitions f "Clary changes submitted by private landowners, developers and
state and co ncies, and also acts on requests for special use' permits within the
agricullllral an I districts; and
nd use law requires the LUC to take into account
,; an
olulu's department
planning
In ain and update the
WHEREAS, the Hawaii
the general plan of the respectiv
WHEREAS, the planning division of the city a
of planning and permitting, the planning department'~ aui co
department of Kauai county, and the planning of Hawaii C92ktnty )
~;"'~';-~,.
general plans of the counties; and . .
WHEREAS, prior to 1961, the duties, functions and responsibilities of t
LUC were handled by each respective county's planning department; and
WHEREAS, decisions made at the municipal level will best support ;
decision-making by those communities that may be impacted by any propo
development; and
WHEREAS, the latest gene'ral fund revenue collection report coverin
two months of the fiscal year actual revenue collections have fallen. by 5 per ich
is steeper than the 1.5 percent decline for fiscal year 2010 the Council on Revenues
projected in August 2009; and
1
OCS/092209/11 :01 /HM
WHEREAS, the governor has publicly declared that the state administration is
looking for additional ways to immediately reduce expenses while maintaining public
services and remaining focused on growing our economy; and
WHEREAS, according to the governor, the state has already reduced spending
by over $2 billion over the past year, without impacting labor costs, but admittedly can
no longer afford to maintain its current level of labor expenses; and
WHEREAS, during the governor's public address on September 3, 2009, the
governor shared her guiding principles that her administration will be using in reshaping
and resizing the state government, including the elimination of programs and services
that can be administered at the county level; and
WHEREAS, many of the functions performed by the LUC are redundant to each
respective county's planning departments; now, therefore,
BE IT RESOLVED by the HAWAII STATE ASSOCIATION OF COUNTIES that it
urges the state to transfer the duties, functions and responsibilities of the state Land
Use Commission to each respective county's planning department to reduce
redundancy of governmental functions; and
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
governor, the president of the state senate, the speaker of the house of representatives
and t a7L- mayor. kJ~
D EK KAWAKAMI NESTOR GARCIA
President Vice President
~
DENNIS ONISHI
Secretary
~
reasurer
,2
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO LAND USE.
PURPOSE: To repeal HRS Chapter 205 relating to the Land Use Commission.
MEANS: Repeal Chapter 205, Hawaii Revised Statutes. Repeal references to
the LUC in the HRS. Direct the legislative reference bureau to
draft legislation to transfer responsibility over important
agricultural lands to the department of land and natural resources.
Direct the legislative reference bureau to draft legislation to
remove references to the state land use districts.
JUSTIFICATION: . Prior to 1961, the duties; functions and responsibilities of the state
Lue were handled by each respective county's planning
department. Decisions made at the municipal level best support a
grassroots decision-making process by those communities most
impacted by any proposed development. Many of the functions of
the LUC are redundant to each respective county's planning
department. This proposal returns the zoning functions to the
counties ,vhile transferring the balance of the LUC functions to the
department of land and natural resources.
. B . NO.
A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HA WAIl:
1 SECTION 1. The purpose of this Act is to abolish the state
2 land use commission and state land use districts.
3 SECTION 2. Section 26-18, Hawaii Revised Statutes, is
4 amended by amending subsection (b) to read as follows:
5 "(b) The following are placed in the department of
6 business, economic development, and tourism for administrative
7 purposes as defined by section 26-35: Aloha Tower development
8 corporation, Hawaii community development authority, Hawaii
9 housing finance and development corporation, high technology
10 development corporation, [l~nd uoe commiooion,] natural energy
11 laboratory of Hawaii authority, and any other boards and
12 commissions as shall be provided by law.
13 The department of business, economic development, and
14 tourism shall be empowerkd to establish, modify, or abolish
15 statistical boundaries for cities, towns, or villages in"the
16 State and shall publish, as expeditiously as possible, an up-to-
Page 2
.8. NO.
1 date list of cities, towns, and villages after changes to
2 statistical boundaries have been made."
3 SECTION 3. Section 46-15, Hawaii Revised Statutes, is
4 amended by amending subsection (a) to read as follows:
5 n(a) The mayor of each county, after holding a public
6 hearing on the matter and receiving the approval of the
7 respectlve councll, shall be empowered to designate areas of
8 land for experimental and demonstration housing projects, the
9 purposes of which are to research and develop ideas that would
10 reduce the cost of housing in the State. Except as hereinafter
11 provided, the experimental and demonstration housing projects
12 shall be exempt from all statutes, ordinances, charter
13 provisions, and rules or regulations of any governmental agency
. 14 or public utility relating to planning, zoning, construction
15 standards for subdivisions, development and improvement of land,
16 and the construction and sale of homes thereon; provided that
17 the experimental and demonstration housing projects shall not
18 affect the safety standards or tariffs approved by the public
19 utility commissions for such public utility.
20 The mayor of each county with the approval of the
21 respective council may designate a county agency or official who
22 shall have the power to review all plans and specifications for
23 the subdivisions, development and improvement of the land
Page 3
.8. NO.
1 involved, and the construction and sale of homes thereon. The
2 county agency or official shall have the power to approve or
3 disapprove or to make modifications to all or any portion of the
4 plans and specifications.
5 The county agency or official shall submit preliminary
6 plans and specifications to the legislative body of the
7 respective county for its approval or disapproval. The final
8 plans and specifications for the project shall be deemed
9 approved by the legislative body if the final plans and
I
10 specifications do not substantially deviate from the approved
11 preliminary plans and specifications. The final plans and
12 specifications shall constitute the standards for the particular
13 proj ect.
14 No action shall be prosecuted or maintained against any
15 county, its officials or employees, on account of actions taken
16 in reviewing, approving, or disapproving such plans and
17 specifications.
18 Any experimental or demonstration housing project for the
19 purposes hereinabove mentioned may be sponsored by any state or
20 county agency or any person as defined in section 1-19.
21 [The county ~geney or offici~loh~ll ~pply to the ot~te
22 l~nd uoe commiooion for ~n ~ppropri~te l~nd uoe diotrict
23 cl~ooifio~tion ch~nge, except ~here~ propooed project io
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Page 4
.8. NO.
loc~ted on l~nd ',;i thin ~n urb~n diotrict eot~bliohed by the
ot~te l~nd uoe comm.iooion. Not',:ithot~nding ~ny l~'.:, rulc, or
regul~tion to the contr~ry, the ot~te l~nd uoe commiooion m~y
~ppro7e the ~pplic~tion ~t ~ny time ~fter ~ public he~ring held
in the county ',:here the l~nd io loc~ted upon notice of the time
~nd pl~oe of the he~ring being publiohcd in the o~me m~nner ~o
the notice required for ~ public he~ring by the pl~nning
commiooion of the ~ppropri~te county.]"
SECTION 4. Section 46-15.7, Hawaii Revised Statutes, is
amended to read as follows:
"~46-15.7 Concurrent processing. When amendments to a
county community or development plan, a county zoning map, or
any combination of the two, are necessary to permit the
development of a housing project, requests for amendments to
these plans and zoning maps shall be allowed, if accepted for
processing by the county, to be processed concurrently at the
request of the applicant.
[In ~ddition, upon the requeot of the
~pplicunt, theoe plun und zoning mup uR:lendment requeoto ffiuY be
proceooed concurrently \:ith any requeot to the otute lund uoe
commiooion for the redeoignation of lundo \:hich \;Quld permit the
development of the houoing projeot.]
For the purposes of this section:
Page 5
.8. NO.
1 "County community or development plan" means a relatively
2 detailed plan for an area or region within a county to implement
3 the objectives and policies of a county general plan.
4 "Housing project" means a plan, design, or undertaking for
5 the development of single- or multi-family housing, including
6 any affordable housing component which may be required by the
7 county council. A housing project may also include ancillary
8 uses such as commercial and industrial uses which are an
9 integral part of the development."
10 SECTION 5. Section 92-6, Hawaii Revised Statutes, is
11 amended to read as follows:
12 "~92-6 Judicial branch, quasi-judicial boards and
13 investigatory functions; applicability. [~] This part shall
14 not apply:
15 (1) To the judicial branch[~] or
16 (2) To adjudicatory functions exercised by a board and
17 governed by sections 91-8 and 91-9, or authorized by
18 other sections of the Hawaii Revised Statutes. In the
19 application of this [oubocction,] paragraph, boards
20 exercising adjudicatory functions include, but are not
21 limited to, the following:
22 (A) Hawaii labor relations board, chapters 89.and
23 377;
Page 6
.8. NO.
1
(B) Labor and industrial relations appeals board,
2
chapter 371;
3
(C) Hawaii paroling authority, chapter 353;
4
(D) Civil service commission, chapter 26;
5
(E) Board of trustees, employees' retirement system
6
of the State of Hawaii, chapter 88;
7
(F) Crime victim compensation commission, chapter
8
351; and
9
(G) State ethics commission, chapter 84.
10
[(b) Not~ithot~nding pro7{oiono in thio oection to the
11 contr~ry, thio p~rt oh~ll ~pply to require open delibcr~tion 6f
f
12 the ~dj udic~tory functiono of the l~nd uoe cOFaffiiooion.] II
13
SECTION 6. Section 171-49.7, Hawaii Revised Statutes, is
14 amended to read as follows:
15
"~171-49.7 Pub1.ic lands suitab1.e and avai1.able for
16 residentia1. development; inventory. The department of land and
17 natural resources shall complete and maintain a current
18 inventory of all public lands [pl~ced in the urb~n diQtrict by
19 the l~nd uoe cOFaffiiooion under ch~pter 205] designated by the
20 various counties for urban use, which are or may be suitable and
21 available for residential development. This inventory shall be
22 updated at the end of each quarter and shall contain the
23 following information: the island and area in which the land is
Page 7
.B.NO.
Page 8
.8. NO.
1 (6) Establish restrictions, requirements, and conditions
2 consistent with the standards set forth in this
3 chapter on the use of conservation lands; and
4 (7) Establish and enforce land use regulations on
5 conservation district lands including the collection
6 of fines for violations of land use and terms and
7 conditions of permits issued by the department."
8 SECTION 8. Section 201-2, Hawaii Revised Statutes, is
9 amended to read as follows:
10 "~201-2 General. objective, functions, and duties of
11 department. It shall be the objective of the department of
12 business, economic development, and tourism to make broad policy
13., determinations with respect to economic development in the State
14 and to stimulate through research and demonstration projects
15 those industrial and economic development efforts that offer the
16 most immediate promise of expanding the economy of the State.
17 The department shall endeavor to gain an understanding of those
18 functions and activities of other governmental agencies and of
19 private agencies that relate to the field of economic
20 development. It shall, at all times, encourage initiative and
21 creative thinking in harmony with the objectives of the
22 department.
Page 9
_.8. NO.
Page 10
.8. NO.
1 SECTION 10. Section 201H-38, Hawaii Revised Statutes, is
2 amended by amending subsection (a) to read as follows:
3 "(a) The corporation may develop on behalf of the State or
4 with an eligible developer, or may assist under a government
5 assistance program in the development of, housing projects that
6 shall be exempt from all statutes, ordinances, charter
7 provisions, and rules of any government agency relating to
8 planning, zoning, construction standards for subdivisions,
9 development and improvement of land,and the construction of
10 dwelling units thereon; provided that:
11 (1) The corporation finds the housing project is
12 consistent with the purpose and intent of this
13 chapter, and meets minimum requirements of health and
14 safety;
15 (2) The development of the proposed housing project does
16 not contravene any safety standards, tariffs, or r~tes
17 and fees approved by the public utilities commission
18 for public utilities or of the various boards of water
19 - supply authorized--under chapter 54;
20 (3) The legislative body of the county in which the
21 housing project is to be situated shall have approved
22 the project with or without modifications:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Page 11
.B.NO.
Page 12
.8. NO.
1 or the responsible county official may certify
2 maps and plans of lands connected with the
3 project as having complied with applicable laws
4 and ordinances relating to consolidation and
5 subdivision of lands, and the maps and plans
6 shall be accepted for registration or recordation
7 by the land court and registrar[; ~nd
8 (4) The l~nd uoe eommiooion :Jhall ~pprove, ~pprove ',Ji th
9 modific~tion, ordio~pprove~ boundary ch~nge uithin
10 forty five d~yo ~fter the corpor~tion h~o oubmitted ~
11 petition to thecommiooion ~o provided in oection 205
12 4. If, on the forty oixth d~y, the petition io not
13 dio~pproved, it :Jh~ll be deemed ~pproved by the
14 commiooion] .n
15 SECTION 11. Section 225M-2, Hawaii Revised Statutes, is
16 amended by amending subsection (b) to read as follows:
17 n(b) The office of planning shall gather, analyze, and
18 provide information to the governor to assist in the' overall
19 analysis and formulation of state policies and strategies to
20 provide central direction and cohesion in the allocation of
21 resources and effectuation of state activities and programs and
22 effectively address current or emerging issues and
Page 13
.B.NO.
1 opportunities. More specifically, the office shall engage in
2 the following acti vi ties:
3 (1) State comprehensive planning and program
4 coordination. Formulating and articulating
5 comprehensive statewide goals, objectives, policies,
6 and priorities, and coordinating their implementation
7 through the statewide planning system established in
8 part II of chapter 226;
9 (2) Strategic planning. Identifying and analyzing
10 significant issues, problems, and opportunities
11 confronting the State, and formulating strategies and
12 alternative courses of action in response to
13 identified problems and opportunities by:
14 (A) Providing in-d~pth policy research, analysis; and
15 recommendations on existing or potential areas of
16 critical state concern;
17 (B) Examining and evaluating the effectiveness of
18 state programs in implementing state policies and
19 priorities;_
20 (C) Monitoring through surveys, environmental
21 scanning, and other techniques--current social,
22 economic, and physical conditions and trends; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Page 14
.8. NO.
(D) Developing, in collaboration with affected public
or private agencies and organizations,
implementation plans .and schedules and, where
appropriate, assisting in the mobilization of
resources to meet identified needs;
(3) Planning coordination and cooperation. Facilitating
coordinated and cooperative planning and policy
development and implementation activities among state
agencies and between the state, county, and federal
governments, by:
(A) Reviewing, assessing, and coordinating, as
necessary, major plans, programs, projects, and
regulatory activities existing or proposed by
state and county agencies;
(B) Formulating mechanisms to simplify, streamline,
or coordinate interagency development and
regulatory processes; and
(C) Recognizing the presence of federal defense and
security forces and agencies in the State as
important state concerns;
(4) Statewide planning and geographic information system.
Collecting, integrating, analyzing, maintaining, and
disseminating various forms of data and information,
1
2
3
4
5
6
7
8
9
10
11
.12
13
14
15
16
17
18
19
20
21
22
23
Page 15
.8. NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Page 16
.8. NO.
maintenance of a comprehensive, accurate, up-to-
date geospatial data resource that can be drawn
upon for decision making related to essential
public policy issues such as land use planning,
resource management, homeland security, and the
overall health, safety, and well-being of
Hawaii's citizens, and to avoid redundant data
development efforts, state agencies shall provide
to the shared system either their respective
geospatial databases or, at a minimum, especially
in cases of secure or confidential data sets that
cannot be shared or must be restricted, metadata
describing existing geospatial data. In cases
where agencies provide restricted data, the
office of planning shall ensure the security of
that data; and
(C) Maintaining a centralized depository of state and
national planning references;
[(5) L~nd uoc pl~nning. DC7cloping ~nd prcocnting thc
pooition of thc St~tc in all bound~ry ch~ngc pctitiono
andproceedingo before the land uoe cOffiffiiooion,
~ooioting ot~tc ~gcncito in the dC7clopmcnt ~nd
oubmitt~l of pctitiono for l~nd uoe diotrict bound~ry
Page 17
.8. NO.
Page 18
.8. NO.
1 (C) The maximum annual visitor carrying capacity for
2 the State by region,county, and island; and
3 (D) The appropriate guidance and management of
4 selected regions and areas of statewide critical
5 concern.
6 The studies in subparagraphs (A) to (C) shall be conducted
7 at appropriate intervals, but not less than once every five
8 years; and
9 [+&+J J2l Regional, national, and international planning.
10 Participating in and ensuring that state plans, .
11 policies, and objectives are consistent, to the extent
12 practicable, with regional, national, and
13 international planning efforts."
14 SECTION 12. Section 226-52, Hawaii Revised Statutes, is
15 amended byarnending subsection (a) to read as follows:
16 "(a) The statewide planning system shall consist of the
17 following policies, plans, and programs:
18 (1) The overall theme, goals, objectives, and
19 policies established in this chapter that shall
20 provide the broad guidelines for the State;
21 (2) The priority guidelines established in this
22 chapter that shall provide guidelines for
23 decisionmaking by the State and the counties for
1
2
3
4
5
6
7
-8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Page 19
_.8. NO.
the immediate future and set priorities for the
allocation of resources. The formulation and
revision of state functional plans shall be in
conformance with the priority.guidelines;
(3) State functional plans that shall be prepared to
address, but not be limited to, the areas of
agriculture, conservation lands, education,
energy, higher education, health, historic
preservation, housing, recreation, tourism, and
transportation. The preparing agency for each
state functional plan shall also consider
applicable federal laws, policies, or programs
that impact upon the functional plan area. State
functional plans shall define, implement, and be
in conformance with the overall theme, goals,
objectives, policies, and priority guidelines
contained within this chapter. County general
plans and development plans shall be taken into
consideration in the formulation and revision of
state functional plans;
(4) County general plans that shall indicate desired
population and physical development patterns for
each county and regions within each county. In
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Page 20
.B. NO.
addition, county general plans or development
plans shall address the unique problems and needs
of each county and regions within each county.
County general plans or deve~opment plans shall
further define the overall theme, goals,
objectives, policies, and priority guidelines
contained within this chapter. State functional
plans shall be taken into consideration in
amending the county general plans; and
(5) State programs that shall include but not be
limited to programs involving coordination and
review; research and support; design,
construction, and maintenance; services; and
regulatory powers. State programs that exercise
coordination and review functions shall include
but not be limited to the state clearinghouse
process, the capital improvements program, and
the coastal zone management program. State
--programs that exercise regulatory powers in
resource allocation shall include but not be
limited to the land use and management programs
administered by [the l.J.nd UDe commiDDion .J.nd] the
board of land and natural resources. State
Page 21
.8. NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Page 22
.8. NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Page 23
.8. NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Page 24
.8. NO.
2 (d) (10) or 205 4.5 (.J.) (13) :Jh.J.ll only be required
purou.J.nt to oection 205 5(b);]
(2) Propose any use within any land classified as a
conservation district [by the ot.J.te l.J.nd uoe
commiooion under ch.J.pter 205];
(3) Propose any use within a shoreline area as defined in
section 205A-41;
(4) Propose any use within any historic site as designated
in the National Register or Hawaii Register, as
provided for in the Historic Preservation Act of 1966,
Public Law 89-665, or chapter 6E;
(5) Propose any use within the Waikiki area of Oahu, the
boundaries of which are delineated in the land use
ordinance as amended, establishing the "Waikiki
Special District";
(6) Propose any amendments to existing county general
plans where the amendment would result in designations
other than agriculture, conservation, or preservation,
except actions proposing any new county general plan
or amendments to any existing county general plan
initiated by a county;
Page 25
.8. NO.
Page 26
.8. NO.
1 (A) Wastewater treatment unit, except an individual
2 wastewater system or a wastewater treatment unit
3 serving fewer than fifty single-family dwellings
4 or the equivalent;
5 (B) Waste-to-energy facility;
6 (C) Landfill;
7 (D) Oil refinery; or
8 (E) Power-generating facility."
9 SECTION 15. Section 356D-ll, Hawaii Revised'Statutes, is
10 amended by amending subsection (b) to read as follows:
11 "(b) The authority may develop public land in an
12 agricultural district [~ubject to the prior ~pprov~l of the l~nd
13 uoe CORlffiiooion ",:hen dCv~eloping l~ndo grc~ter th~n five ~creo in
14 oize,] and public land in a conservation district subject to the
15 prior approval of the board of land and natural resources. The
16 authority shall not develop state monuments, historical sites,
17 or parks. When the authority proposes to develop public land,
18 it shall file with the department of land and natural resources
19 a petition setting forth such purpose. The petition shall be
20 conclusive proof that the intended use is a public use superior
21 to that to which the land had been appropriated."
22 SECTION 16. Chapter 205, Hawaii Revised Statutes, is
23 repealed.
Page 27
_.8. NO.
1 SECTION 17. By January 1, 2011, the legislative reference
2 bureau shall prepare and submit to the legislature proposed
3 legislation that:
4 (1) Reenacts Chapter 205j Part III, as a new chapter to be
.5 designated by the revisor of statutes and confers to the board
6 of land and natural resources all the rights, powers, functions,
7 and duties of the land use commission over the important
8 agricultural lands; and
9 (2) Substitutes references made in Chapter 205, Part III,
10 Hawaii Revised Statutes, to the "land use commission" with the
11 "board of land and natural resources";
12(3) Removes references made in the Hawaii Revised Statutes
13 to state land use districts.
14 SECTION 18. .All officers and employees whose functions are
15 abolished by this Act shall not be separated from public
16 employment, but shall remain in the employment of the State and
.17 shall be assigned to any office or position for which such
18 officer or employee is eligible under the personnel laws of the
19 State.
20 No officer or employee of the State having tenure shall
21 suffer any loss of salary ,seniori ty, prior service credit,
22 vacation, sick leave, or other employee benefit or privilege as
23 a consequence of this Act, and such officer or employee may be
Page 28
_.8. NO.
1 transferred or appointed to a civil service position without the
2 necessity of examination; provided that the officer or employee
3 possesses the minimum qualifications for the position to which
4 the officer or employee is transferred or appointed; and
5 provided that subsequent changes in status may be made pursuant
6 to applicable civil service and compensation laws.
7 An officer or employee of the State who does not have
8 tenure and who may be transferred or appointed to a civil
9 service position as a consequence of this Act shall become a
10 civil service employee without the loss of salary , seniority,
11 prior service credit, vacation, sick leave, or other employee
12 benefits or privileges and without the necessity of examination;
13 provided that such officer or employee possesses the minimum
14 qualifications for the position to which the officer or employee
15 is transferred or appointed.
16 SECTION 19. Statutory material to be repealed is bracketed
17. and stricken. New statutory material is underscored.
18 SECTION 20. This Act shall take effect on July 1, 2011.
19 INTRODUCED BY:
Hawaii State Association of Counties
Counties of Kaua'i, Maui, Hawai'i and City and County of Honolulu
URGING THE GOVERNOR, CHIEF ELECTION OFFICER, AND HAWAII STATE
LEGISLATURE TO PROVIDE APPROPRIATE LEVELS OF SERVICES FOR THE 2010
ELECTIONS.
WHEREAS, the Hawaii State Association of Counties IS composed of the
members of all four county councils of the State of Hawaii; and
WHEREAS, candidate access to the ballot, the right to vote, and the associated
election services constitute a core governmental function that does not diminish with
each passing year; and
WHEREAS, it has come to the county councils' attention that the State Office of
Elections (OE) is facing financial restrictions that may undermine its ability to provide
the same level of services as provided for in the 2008 Elections; and
WHEREAS, as a result of the imposed restrictions, the four county councils
foresee that reduced accessibility to election services traditionally provided by the State
OE may result in an increased demand for services provided by county election
operations, increasing county staff requirements and county budgets; and
WHEREAS, in his report on proposed closings of certain precincts for the 2010
election, the Chief Election Officer encouraged voters to seek absentee voting services
provided by the counties in lieu of election services provided by his office; and
WHEREAS, between 1992 and 2008, the counties have witnessed a dramatic
increase in demand for county funded absentee voting services (from 11 % to 39% of
the total voting in general elections) without additional appropriation from the State; and
WHEREAS, neighbor island counties are supporting State OE operations in
counting centers and performing State OE polling place operational and logistical
responsibilities despite having no State personnel assigned to their respective offices;
and .
WHEREAS, the City and County of Honolulu administers the statewide voter
registration system to comply with federal law on behalf of the State OE without
financial support from the State; and
WHEREAS, as a further result of the imposed restrictions to. the State OE,
reimbursements to the counties of Hawaii, Kauai and Maui for the 2008 Elections have
also not yet been paid; now, therefore
BE IT RESOLVED, that the Governor and State OE take immediate action to
reimburse the three counties for past due expenses incurred from the 2008 Elections;
and
BE IT FURTHER RESOLVED that the Hawaii State Association of Counties
urges the Chief Election Officer to exercise his responsibility of providing election
services within the fiscal constraints imposed by the Governor and the Hawaii State
Legislature; and
BE IT FURTHER RESOLVED, that should the same level of election services not
be provided by the State OE, that the Hawaii State Legislature and Governor enact
appropriations to adequately compensate the counties for providing the services and for
assuming the administrative functions that are State responsibilities; and
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
Governor, President of the Senate, the Speaker of the House of Representatives, the
Chief Elections Officer, the mayors of the counties of the State of Hawaii, and the
council chairs of the counties of Hawaii, Kauai, Maui and Honolulu.
~~
NESTOR GARCIA
Vice President
o EK KAWAKAMI
President
~
~
reasurer .
DENNIS ONISHI
Secretary
Hawai'i State Association of Counties
Counties of Kaua'i, Maui, Hawai'i and City and County of Honolulu
'-
RESOLUTION REQUESTING THAT THE STATE REFRAIN FROM UTILIZING THE
WIRELESS ENHANCED 9-1-1 SPECIAL FUND FOR PURPOSES OTHER THAN AS
DESIGNATED BY ACT 159 (2004) AND REMOVE THE SPENDING CAP ON THE
-----Fl:J N D. -- ----- - - - -- ------ --
WHEREAS, 9-1-1 emergency telephone service is a vital part of our nation's
emergency response and disaster preparedness system; and
_n _______WI--lEREAS,-in_OctobeLt999,Jbe-Wireless-Communications-and-E-ubHc-Safety--------
Act of 1999 ("9-1-1 Act") took effect with the purpose of improving public safety by
--:-=--=--encou raging-ana=faGi I itatfng-=tne-p remt5t=-se~10ymeRl---0f-a-=nati0iiwiae,seam less - __n --
communications infr~structure for emergency services; and
WHEREAS, all Public Safety Answering Points (npSApn) in the state of Hawaii
have the enhanced 9-1-1 ("E9-1-1") capability for wireline and wireless 9-1-1 calls; and
WHE e Federal Communications Commission (" FCC") also requires
wirel~,~~,.telepho carriers to pro . e 9-1-1 and E9-1-1 capability where a PSAP
~d,:'-'~"-
requests it, and once implem __ t Ily wireless E9-1-1 will provide an accurate location
for 9-1-1 calls from wireless ph' qd
WHEREAS, a PSAP is a facility equipped
dispatch appropriate public safety agencies to respej';f
WHEREAS, other FCC rules regulate 9-1-1 for Voi~~.,ov nternet Protocol,
mobile satellite services, telematics, and text telephone devices; and
WHEREAS, Act 159 (2004) provided PSAPs and wireless providers
funding needed to acquire technology that enable PSAPs receiving 9-1-1 cal
WirelessljhonestbVieW thecallet'g -identificati6n:-and---- --
WHEREAS, Act 159 (2004) also created a wireless enhanced 9-1-1"
is administratively attached to the department of accounting a~d general ~e
("DAGS"), and a special fund outside the state treasury to fund E9-1-1 enha
be managed by the board; and
WHEREAS, Act 159 (2004) states that moneys in the fund shall be expended
exclusively by the board for the purposes of ensuring adequate cost recovery for the
deployment of phase I and phase II wireless enhanced 911 service and for expenses of
administering the fund; and
1
WHEREAS, in the 2009 legislative session the E9-1-1 fund was ratded of $16
million, and the governor did not veto such action, leaving approximately $9 million in
the fund; and
WHEREAS, all counties are in the process of establishing their priorities for the
coming fiscal year of which an important priority will be maintenance of systems that
have been deployed at all counties; and
WHEREAS, any spending cap placed on the fund, coupled with the raid of the
fund will leave little money available for expansion of the system to support newer
technologies such as Next Generation 9-1-1 which aims to deliver voice, video, text and
data calls to the PSAPs; and
WHEREAS, the inability to expand the current 9-1-1 system will negatively
impact county governments who are tasked with providing the PSAP response; now,
therefore,
BE IT RESOLVED by the HAWAII STATE ASSOCIATION OF COUNTIES that it
requests that the state refrain from utilizing the wireless enhanced 9-1-1 special fund for
purposes other than as designated by Act 159 (2004), and allow the counties to
maintain the capability to provide adequate public safety to residents and visitors; and
BE IT FURTHER RESOLVED that the governor and the legislature consider
removing the spending cap on the wireless enhanced 9-1-1 fund to allow for greater
flexibility in maintaining and upgrading the 9-1-1 emergency response system; and
BE IT FI NALLY RESOLVED that copies of this Resolution be transmitted to the
governor, the president of the state senate, the speaker of the house of representatives
an/}~ of ea..ch county council.
Ylt~ ~J
DEREKKAWAKAMINESTOR GARCIA
President Vice President
DENNIS ONISHI
Secretary
~
J EP ONTANILLA
reasurer
2