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COUNTY OF HAWAIII STATE OF HAWAII
RESOLUTION NO. 268 09
(Drat A RESOLUTION RELATING TO LEGISLATIVE PROPOSALS FOR INCLUSION IN
THE 2010 HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE
PACKAGE.
WHEREAS, proposals have been submitted by member counties of the Hawaii State
Association of Counties (HSAC) for consideration and adoption by the Hawaii County Council
for inclusion in the 2010 HSAC legislative package; and
WHEREAS, timely action and concurrence by the Hawaii 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 two of the
four proposed resolutions have an accompanying bill and all are attached to this resolution, as
follows:
1. Relating to the Hawaii 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.
2. 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.
3. Relating to Elections - A resolution asking the State to provide appropriate levels of
service for the 2010 elections.
4. 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 HAWAII, 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 FINALLY 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.
Dated at , Hawaii, this day of , 2009.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ENRIQUES
FORD
I hereby certify that the foregoing RESOLUTION was by GREENWELL
the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN
County of Hawaii on
IKEDA
NAEOLE
ATTEST: ONISHI
YAGONG
YOSHIMOTO
Reference: C-607.1/PWIRC-
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 268 09
(Draft
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Hawal`a State Association of Counties = v
Counties of Kauai, Maui, Hawaii and City and County of Honolulu
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 CEUTF') to provide state and county
employees and retirees and their dependents with health insurance benefits, and was
created as a single health benefits delivery system in 2001 to reduce the projected
- - health -care cost's to the--state-and-counties;-an-d - - ^ - - - - - - - -
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,
WHENa total amount contributed to the EUTF for health benefit plans in
fiscalear 2008 w s $551,754,5 of this amount $307,468,074 came from the state,
$128;636,434 came from thee, M' and county water supply agencies, and
$115,650,073 was contributed " ees, nd
WHEREAS, as an example, Honolulu's approiati r,, ployer contribution
has increased from $50,000,000 in fiscal year 2000`"tg'10 fiscal year
2010, an increase of over 100%; and ` s
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WHEREAS, if this trend continues, the state and counties' required co~ftb tion
to the EUTF health fund might double again in the next decade; and
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WHEREAS, according to the state of Hawaii Data Book there were s,T
workers and 18,550 county workers in 2008; and
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WHEREAS, according to the EUTF's annual report the total number a `A Y °4
individuals (employees and dependents) enrolled with insurance coverage t ugh1, '
EUTF was 167,800, as of June 30, 2008; and
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WHEREAS, the numbers of state and county workers and individuals erirplled
with the EUTF represent a substantial base to develop a captive health insurance
program; and
WHEREAS, employers 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
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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
December 31, 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 services; 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
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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 rep tatives, and the mayors and council chairs of the four counties. I
DEREK KAWAKAMI NESTOR GARCIA
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President Vice President
nyv" S--. - - - - - - - - - - - - - -
DENNIS ONISHI SEP PONT NILLA
Secretary--- 'Treasurer
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JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO THE HAWAII 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 87A-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 million coming from the counties and county water supply
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.
oBo NOs
A BILL FOR AN ACT
RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND
BOARD OF TRUSTEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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
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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 amended 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 [t-eft] 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
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1 (C) One trustee representing retirees shall be
2 appointed from a list of two nominees selected by
3 mutual agreement of all eligible exclusive
4 representatives; and
5 (2) Five trustees to represent public employers.
6 (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.
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1 SECTION 4. This Act shall take effect upon its approval.
2 INTRODUCED BY:
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r : HavwaN State Association of Counties r
Counties of Kaua y Maui, Hawaii and City and County of Honolulu
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 for boundary changes submitted by private landowners, developers and
state and county agencies, and also acts on requests for special use permits within the
agricultural and rural districts; and
WHEREAS, the Hawaii state land use law requires the LUC to take into account
the general plan of the respective county; and
WHEREAS, the planning division of the city and county of Honolulu's department
of planning and permitting, the planning department of Maui cotinty,,,the planning
department of Kauai county, and the planning of Hawaii county maintain and update the
general plans of the counties; and
WHEREAS, prior to 1961, the duties, functions and responsibilities of the state
LUC were handled by each respective county's planning department; and
WHEREAS, decisions made at the municipal level will best support grassroots
decision-making by those communities that may be impacted by any proposed
development; and
WHEREAS, the latest general fund revenue collection report covering the first
two months of the fiscal year actual revenue collections have fallen by 5 percent which
is steeper than the 1.5 percent decline for fiscal year 2010 the Council on Revenues
projected in August 2009; and
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 ach county mayor.
D EK KAWAKAMI NESTOR GARCIA
President Vice President
?PH ONTANILLA
DENNIS ONISHI 5reaSurer
Secretary 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
NI FANS 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
LUC 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 while transferring the balance of the LUC functions to the
department of land and natural resources.
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.B. NO.
A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 11(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, (land use ~ natural energy
11 laboratory of Hawaii authority, and any other boards and
ffil
12 commissions as shall bel,provided by law.
13 The department of business, economic development, and
14 tourism shall be empowered 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-
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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 "(a) The mayor of each county, after holding a public
6 hearing on the matter and receiving the approval of the
7 respective council, 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 B. 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
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 project.
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-eetoty agetiey er cffielal shall apply -t-e-the-state
-
22 land use ee ee~en €er an-apprepriate land use-distrie-t-
23 elassi€ieati:en mange, emeept where a--prepesed piejeet- s-
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1 leeated en land within an urban distriet established by the
2 ,
3
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5 in the eeeety where the land is-leeat- d upen netiee--A€ the-ifae
6 and plaee ef the g -beingpubished in-the-same -fnannei- a--
7
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9 SECTION 4 Section 46-15.7, Hawaii Revised statutes, is
10 amended to read as follows:
11 11§46-15.7 Concurrent processing. When amendments to a
12 county community or development plan, a county zoning map, or
13 any combination of the two, are necessary to permit the
14 development of a housing project, requests for amendments to
15 these plans and zoning maps shall be allowed, if accepted for
16 processing by the county, to be processed concurrently at the
17 request of the applicant. [in additien, upen the request of the
18
19 preeessed eenedrrently with any request te the -state land use
20 fer the r-edeslgna-tlen e€ lands-whieh wauld-geL-mi-t the
21 deb=e lepffient-ef the . ]
22 For the purposes of this section:
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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. [-Ea] 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 [subse et ] 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;
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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) i4et lthataiidl q-grew ens-in this--see* ~ the
11 eentrary, this part shall: apply te epen deliberatien ef
12 the adjudieateEy funetiens e€ the land use eeffifftissien-.1
13 SECTION 6. Section 171-49.7, Hawaii Revised Statutes, is
14 amended to read as follows:
15 11§171-49.7 Public lands suitable and available for
16 residential development; inventory. The department of land and
17 natural resources shall complete and maintain a current
18 inventory of all public lands (plaeed in the urban distriet by
19 ] 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
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1 situated, the acreage, and such other information which the
2 department determines may be necessary to identify and inventory
3 the land.,,
4 SECTION 7. Section 183C-3, Hawaii Revised Statutes, is
5 amended to read as follows:
6 11§1830-3 Powers and duties of the board and department.
7 The board and department shall:
8 (1) Maintain an accurate inventory of lands classified
9 within the state conservation district [by the state
10
11 (2) Identify and appropriately zone those lands classified
12 within the conservation district;
13 (3) Adopt rules, in compliance with chapter 91 which shall
14 have the force and effect of law;
15 (4) Set, charge, and collect reasonable fees in an amount
16 sufficient to defray the cost of processing
17 applications for zoning, use, and subdivision of
18 conservation lands;
19 (5) Establish categories of uses or activities on
20 conservation lands, including allowable uses or
21 activities for which no permit shall be required;
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1 (6) Establish restrictions, requirements, and conditions
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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.
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1 The department of business, economic development, and
2 tourism shall have sole jurisdiction over the ['ate
3 state planning under chapter
4 225M(-] and the Hawaii State Planning Act under chapter 226.
5 Due to the inherently interdependent functions of development,
6 planning, and land use, these functions shall not be transferred
7 by executive order, directive, or memorandum, to any other
8 department, nor shall these functions be subject to review or
9 approval by any other department."
10 SECTION 9. Section 201H-12, Hawaii Revised Statutes, is
11 amended by amending subsection (b) to read as follows:
12 11(b) The corporation may develop public land in an
13 agricultural district [eubjeet to the pier appreval e€-zee- and
14 use , when develeping lands gveater than fifteen aeres
15 in size,] and public land in a conservation district subject to
16 the prior approval of the board of land and natural resources.
17 The corporation shall not develop state monuments, historical
18 sites, or parks. When the corporation proposes to develop
19 public land, it shall file with the department of land and
20 natural resources a petition setting forth the purpose for the
21 development. The petition shall be conclusive proof that the
22 intended use is a public use superior to that which the land has
23 been appropriated."
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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 fQr 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 rates
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:
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1 (A) The legislative body shall approve, approve with
2 modification, or disapprove the project by
3 resolution within forty-five days after the
4 corporation has submitted the preliminary plans
5 and specifications for the project to the
6 legislative body. If on the forty-sixth day a
7 project is not disapproved, it shall be deemed
8 approved by the legislative body;
9 (B) No action shall be prosecuted or maintained
10 against any county, its officials, or employees
11 on account of actions taken by them in reviewing,
12 approving, modifying, or disapproving the plans
13 and specifications; and
14 (C) The final plans and specifications for the
15 project shall be deemed approved by the
16 legislative body if the final plans and
17 specifications do not substantially deviate from
18 the preliminary plans and specifications. The
19 final plans and specifications for the project
20 shall constitute the zoning, building,
21 construction, and subdivision standards for that
22 project. For purposes of sections 501-85 and
23 502-17, the executive director of the corporation
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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[, and
$ (4) The land ii9e ee-- . I en shall ,
9
10 €efty five --days after ;=-he eei-pei-atiefi h s ubffl tted
11 pettien to the eeffifft ssien as provided ±n eLien-29.5
12 4. if, en the €efty sixth day,-th•e-petitien is net
13 di-sappveved, it shall be deemed ap'pEeved by-the-
14 I. 11
15 SECTION 11. Section 225M-2, Hawaii Revised Statutes, is
16 amended by amending subsection (b) to read as follows:
17 11(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 activities:
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-depth 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
Page 14 B. NO.
1 (D) Developing, in collaboration with affected public
2 or private agencies and organizations,
3 implementation plans and schedules and, where
4 appropriate, assisting in the mobilization of
5 resources to meet identified needs;
6 (3) Planning coordination and cooperation. Facilitating
7 coordinated and cooperative planning and policy
8 development and implementation activities among state
9 agencies and between the state, county, and federal
10 governments, by:
11 (A) Reviewing, assessing, and coordinating, as
12 necessary, major plans, programs, projects, and
13 regulatory activities existing or proposed by
14 state and county agencies;
15 (B) Formulating mechanisms to simplify, streamline,
16 or coordinate interagency development and
17 regulatory processes; and
18 (C) Recognizing the presence of federal defense and
19 security forces and agencies in the State as
20 important state concerns;
21 (4) Statewide planning and geographic information system.
22 Collecting, integrating, analyzing, maintaining, and
23 disseminating various forms of data and information,
Page 15 B. NO.
1 including geospatial data and information, to further
2 effective state planning, policy analysis and
3 development, and delivery of government services by:
4 (A) Collecting, assembling, organizing, evaluating,
5 and classifying existing geospatial and non-
6 geospatial data and performing necessary basic
7 research, conversions, and integration to provide
8 a common database for governmental planning and
9 geospatial analyses by state agencies;
10 (B) Planning, coordinating, and maintaining a
11 comprehensive, shared statewide planning and
12 geographic information system and associated
13 geospatial database. The office shall be the
14 lead agency responsible for coordinating the
15 maintenance of the multi-agency, statewide
16 planning and geographic information system and
17 coordinating, collecting, integrating, and
18 disseminating geospatial data sets that are used
19 to support a variety of state agency applications
20 and other spatial data analyses to enhance
21 decision making. The office shall promote and
22 encourage free and open data sharing among and
23 between all government agencies. To ensure the
Page 16 B. NO.
1 maintenance of a comprehensive, accurate, up-to-
2 date geospatial data resource that can be drawn
3 upon for decision making related to essential
4 public policy issues such as land use planning,
5 resource management, homeland security, and the
6 overall health, safety, and well-being of
7 Hawaii's citizens, and to avoid redundant data
8 development efforts, state agencies shall provide
9 to the shared system either their respective
10 geospatial databases or, at a minimum, especially
11 in cases of secure or confidential data sets that
12 cannot be shared or must be restricted, metadata
13 describing existing geospatial data. In cases
14 where agencies provide restricted data, the
15 office of planning shall ensure the security of
16 that data; and
17 (C) Maintaining a centralized depository of state and
18 national planning references;
19 [(S) Land use planning. Develeping and presenting the
20
21 and greeeedings be€ere the land lase eeffffnissien,
22 assistAng state agencies in the-develepfaent an -
23 etrbfatttal e€--petitiens €e-i- land use-dietrlet beundary-
Page 17 , B. NO,
1 amendfaents,
2 Bassi€iaat-ien and distrieting e€ all lands ' the-
3 State, as speeifled-4n ehapterr
4 [44-H (5) Coastal and ocean policy management. Carrying
5 out the lead agency responsibilities for the Hawaii
6 coastal zone management program, as specified in
7 chapter 205A. Also, developing and maintaining an
8 ocean and coastal resources information, planning, and
9 management system further developing and coordinating
10 implementation of the ocean resources management plan,
11 and formulating ocean policies with respect to the
12 exclusive economic zone, coral reefs, and national
13 marine sanctuaries;
14 (4-7--)-1 (6) Regional planning and studies. Conducting plans
15 and studies to determine:
16 (A) The capability of various regions within the
17 State to support projected increases in both
18 resident populations and visitors;
19 (B) The potential physical, social, economic, and
20 environmental impact on these regions resulting
21 from increases in both resident populations and
22 visitors;
Page 18 , B. 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 [+8-)-] (7) 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 by amending 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
Page 19 , B. NO.
1 the immediate future and set priorities for the
2 allocation of resources. The formulation and
3 revision of state functional plans shall be in
4 conformance with the priority guidelines;
5 (3) State functional plans that shall be prepared to
6 address, but not be limited to, the areas of
7 agriculture, conservation lands, education,
8 energy, higher education, health, historic
9 preservation, housing, recreation, tourism, and
10 transportation. The preparing agency for each
11 state functional plan shall also consider
12 applicable federal laws, policies, or programs
13 that impact upon the functional plan area. State
14 functional plans shall define, implement, and be
15 in conformance with the overall theme, goals,
16 objectives, policies, and priority guidelines
17 contained within this chapter. County general
18 plans and development plans shall be taken into
19 consideration in the formulation and revision of
20 state functional plans;
21 (4) County general plans that shall indicate desired
22 population and physical development patterns for
23 each county and regions within each county. In
Page 20 B. NO.
1 addition, county general plans or development
2 plans shall address the unique problems and needs
3 of each county and regions within each county.
4 County general plans or development plans shall
5 further define the overall theme, goals,
6 objectives, policies, and priority guidelines
7 contained within this chapter. State functional
8 plans shall be taken into consideration in
9 amending the county general plans; and
10 (5) State programs that shall include but not be
11 limited to programs involving coordination and
12 review; research and support; design,
13 construction, and maintenance; services; and
14 regulatory powers. State programs that exercise
15 coordination and review functions shall include
16 but not be limited to the state clearinghouse
17 process, the capital improvements program, and
18 the coastal zone management program. State
19 programs that exercise regulatory powers in
20 resource allocation shall include but not be
21 limited to the land use and management programs
22 administered by [the land use eeffimissienand-] the
23 board of land and natural resources. State
Page 21 B. NO.
O'
1 programs shall further define, implement, and be
2 in conformance with the overall theme, goals,
3 objectives, and policies, and shall utilize as
4 guidelines the priority guidelines contained
5 within this chapter, and the state functional
6 plans approved pursuant to this chapter.,,
7 SECTION 13. Section 246-10, Hawaii Revised Statutes, is
8 amended by amending subsection (d) to read as follows:
9 11(d) (1) The land in each county shall be classified, upon
10 consideration of its highest and best use, into
11 the following general classes:
12 (A) Single-family and two-family residential,
13 (B) Three or more family residential, apartment,
14 hotel and resort,
15 (C) Commercial,
16 (D) Industrial,
17 (E) Agricultural, and
18 (F) Conservation.
19 (2) In assigning land to one of the general classes
20 the director of taxation shall give major
21 consideration to the districting established by
22 [ ,
23 the d ting established byl a county in its
Page 22 B. NO.
1 general plan and zoning ordinance, use
2 classifications established in the general plan
3 of the State, and such other factors which
4 influence highest and best use.
5 (3) "Improved residential property" shall mean
6 property which is classified as residential by
7 the department of taxation upon consideration of
8 its highest and best use, and is property which
9 fulfills the provisions of at least one of the
10 following subparagraphs:
11 (A) Property which has been subdivided prior to
12 any assessment year as a lot for single or
13 two-family residential use in conformity
14 with the then existing county zoning
15 ordinances, and has been approved for sale
16 or approved as being in conformity with all
17 of the subdivision requirements of the
18 particular county in which it is located, or
19 (B) Property which is in actual single or two-
20 family residential use at a density of at
21 least a single or a two-family residential
22 building per acre, or
Page 23 B. NO.
1 (C) Land which is sufficiently developed with
2 necessary land improvements to support a use
3 density of at least a single or a two-family
4 residential building per acre.
5 (4) "Unimproved residential property" shall mean all
6 residential class lands not classified as
7 "improved residential property" by the department
$ of taxation."
9 SECTION 14. Section 343-5, Hawaii Revised Statutes, is
10 amended by amending subsection (a) to read as follows:
11 ,(a) Except as otherwise provided, an environmental
12 assessment shall be required for actions that:
13 (1) Propose the use of state or county lands or the use of
14 state or county funds, other than funds to be used for
15 feasibility or planning studies for possible future
16 programs or projects that the agency has not approved,
17 adopted, or funded, or funds to be used for the
1$ acquisition of unimproved real property; provided that
19 the agency shall consider environmental factors and
20 available alternatives in its feasibility or planning
21 studies; [
22
Page 24 B. NO.
1 -2(d) (IG)--er 295- 4 . 5 (a) (3:3-) shall enly b
2 i1
3 (2) Propose any use within any land classified as a
4 conservation district [by the state land ase
5 ee.m}ssien ander- ehapteic205];
6 (3) Propose any use within a shoreline area as defined in
7 section 205A-41;
8 (4) Propose any use within any historic site as designated
9 in the National Register or Hawaii Register, as
10 provided for in the Historic Preservation Act of 1966,
11 Public Law 89-665, or chapter 6E;
12 (5) Propose any use within the Waikiki area of Oahu, the
13 boundaries of which are delineated in the land use
14 ordinance as amended, establishing the "Waikiki
15 Special District";
16 (6) Propose any amendments to existing county general
17 plans where the amendment would result in designations
18 other than agriculture, conservation, or preservation,
19 except actions proposing any new county general plan
20 or amendments to any existing county general plan
21 initiated by a county;
Page 25 B. NO.
O'
(7) Propose any reclassification of any land classified as
2 a conservation district [by the state land ase
3
4 (8) Propose the construction of new or the expansion or
5 modification of existing helicopter facilities within
6 the State, that by way of their activities, may
7 affect:
8 (A) Any land classified as a conservation district
9 [by the state land use eemm±9-s4,&n-A*nder ehapter-
10 24~'] ;
11 (B) A shoreline area as defined in section 205A-41;
12 or
13 (C) Any historic site as designated in the National
14 Register or Hawaii Register, as provided for in
15 the Historic Preservation Act of 1966, Public Law
16 89-665, or chapter 6E; or until the statewide
17 historic places inventory is completed, any
18 historic site that is found by a field
19 reconnaissance of the area affected by the
20 helicopter facility and is under consideration
21 for placement on the National Register or the
22 Hawaii Register of Historic Places; and
23 (9) Propose any:
Page 26 B. 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 (S) Waste-to-energy facility;
6 (C) Landfill;
7 (D) Oil refinery; or
8 (E) Power-generating facility."
9 SECTION 15. Section 356D-11, 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 [
13 use eefnFAissien when develeping lands gr-eater t1--an f4
14 ize,] 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 B. 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 205, 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, seniority, 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 B. 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:
' „ O NTY R1
Hawaii State Association of Counties 4
m9 Counties of Kauai, Maui, Hawaii and City and County of Honolulu s, Y•
µpN
b OF
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
o~ oT or v ~.r o. y~
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
D EK KAWAKAMI NESTOR GARCIA
President Vice President
DENNIS ONISHI J EP PON ANILLA
Secretary reasurer
OF
Hawaii State Association of Counties
Counties of Kauai, Maui, Hawaii and City and County of Honolulu
OF t
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
FUND
WHEREAS, 9-1-1 emergency telephone service is a vital part of our nation's
emergency response and disaster preparedness system, and
WHEREAS, in October 1999, the Wireless Communications and Public Safety
Act of 1999 ("9-1-1 Act") took effect with the purpose of improving public safety by
encouraging and facilitating the prompt deployment of a nationwide, seamless
communications infrastructure for emergency services; and
WHEREAS, all Public Safety Answering Points ("PSAP") in the state of Hawaii
have the enhanced 9-1-1 ("E9-1-1") capability for wireline and wireless 9-1-1 calls; and
WHEREAS, the Federal Communications Commission ("FCC") also requires
wireless telephone carriers to provide 9-1-1 and E9-1-1 capability where a PSAP
requests it, and once implemented fully wireless E9-1-1 will provide an accurate location
for 9-1-1 calls from wireless phones; and
WHEREAS, a PSAP is a facility equipped and staffed to receive 9-1-1 calls and
dispatch appropriate public safety agencies to respond to those,calls, and
WHEREAS, other FCC rules regulate 9-1-1 for Voice over Internet Protocol,
mobile satellite services, telematics, and text telephone devices; and
WHEREAS, Act 159 (2004) provided PSAPs and wireless providers with the
funding needed to acquire technology that enable PSAPs receiving 9-1-1 calls from \
wireless phones to view the caller's identification; and
WHEREAS, Act 159 (2004) also created a wireless enhanced 9-1-1 Board which
is administratively attached to the department of accounting and general services
("DAGS"), and a special fund outside the state treasury to fund E9-1-1 enhancements to'
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
o~i r of y
Os M• '
OCS/092509/09: 29/CT 1
WHEREAS, in the 2009 legislative session the E9-1-1 fund was raided 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 e~ch county council.
Y4~ ~J'
DEREK KAWAKAMI NESTOR GARCIA
President Vice President
DENNIS ONISHI
Secretary
~~
reasurer
2