HomeMy WebLinkAboutCOM 0983.000 2008-2010J YOSHIMOTO
Chair & Presiding Officer
Council District 3
HAWAII COUNTY COUNCIL
County of Hawai `i
Hawai `i County Building
25 Aupuni Street, Suite 1402
Hilo, Hawai `i 96720
MEMORANDUM
TO: Guy Enriques, Chair
Committee on Public Works and Intergovernmental Relations
and Members of the Hawaii County Council
FROM: J Yoshimoto, Council Chair
DATE: October 22, 2010
Phone: (808) 961 -8272
Fax: (808) 961 -8912
Email: jyoshimoto @co.hawaii.hi.us
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SUBJECT: 2011 Hawaii State Association of Counties (HSAC) Legislative Package
Attached is the 2011 HSAC Legislative Package for Hawaii County's consideration and approval.
There are nine proposals as follows:
1) Proposed Bill for an Act relating to the Penal Code (replica guns).
2) Proposed Bill for an Act relating to nomination papers.
3) Proposed Bill for an Act relating to aquarium aquatic life.
4) Proposed Bill for an Act relating to the EUTF Board of Trustees.
5) Proposed Bill for an Act relating to the ERS Board of Trustees.
6) Proposed Bill for an Act relating to the Penal Code (assault against firefighters and water
safety officers).
7) Proposed Bill for an Act relating to counties (appointment of county liquor administrators).
8) Proposed Bill for an Act relating to counties (appointment of county personnel directors of
neighbor island counties).
9) Proposed Bill for an Act relating to housing.
Due to the time constraints for Council approval, I would like to request that this matter be waived to
the next scheduled Council meeting.
JYA /dwe
Attachment
comra Fi ai n =
E +ti. , . OCT 2 0�2U11
Hawai `i County is an Equal Opportunity Provider and Employer
J YOSHIMOTO
Chair & Presiding Officer
EMILY I. NAEOLE
Vice Chair
HAWAII COUNTY COUNCIL
County of Hawai 'i
Hawai'i County Building
25 Aupuni Street
Hilo, Hawai `i 96720
October 22, 2010
J Yoshimoto, Chair
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
GUY ENRIQUES
BRENDA FORD
KELLY GREENWELL
PETE HOFFMANN
DONALD IKEDA
DENNIS "FRESH" ONISHI
DOMINIC YAGONG
RE: Communication No. 983 : COMMUNICATION REQUESTING APPROVAL OF NINE PROPOSED
BILLS FOR AN ACT IN THE 2011 LEGISLATIVE PACKAGE, APPROVED AND SUBMITTED BY THE
HAWAII STATE ASSOCIATION OF COUNTIES, EXECUTIVE COMMITTEE.
Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawaii, this written request is submitted with my approval that the above - referenced matter be
waived from the Public Works and Intergovernmental Relations Committee to the full Council
for immediate action. In reviewing this matter, timely approval is crucial. It is therefore
advantageous that approval is granted and the matter be placed onto the next Council agenda for
review. However, in the event this request is denied, for whatever reason, I understand the
matter shall be referred to the Public Works and Intergovernmental Relations Committee for
placement on its future agenda.
Approved /Date /Waive to Council:
J Yoshimoto, Chair
Hawaii County Council
Disapproved /Date /Refer to PWIRC:
J Yoshimoto, Chair
Hawaii County Council
Hawai `i County is an Equal Opportunity Provider and Employer
Hawaii State Association of Counties (HSAC)
Counties of Kauai, Maui, and Hawai`, and City & County of Honolulu
c-3
September 29, 2010
Honorable J Yoshimoto, Council Chair'
Hawaii County Council
25 Aupuni Street, Suite 1402
Hilo, HI 96720
Dear Council Chair Yoshimoto and Members of the Councils:
Attached for your approval are proposals of the 2011 Hawaii State Association of
Counties (HSAC) Legislative Package that were approved by the HSAC Executive Committee
on September 27, 2010. Each respective County Council needs to take action on these
proposals for inclusion in the 2011 HSAC Legislative Package:
1) Proposed Bill for an Act Relating to the Penal Code (replica guns) (Honolulu proposal)
2) Proposed Bill for an Act Relating to Nomination Papers (Maui proposal)
3) Proposed Bill for an Act Relating to Aquarium Aquatic Life (Maui proposal)
4) Proposed Bill for an Act Relating to the EUTF Board of Trustees (Kaua`i proposal)
5) Proposed Bill for an Act Relating to the ERS Board of Trustees (Kaua`i proposal)
6) Proposed Bill for an Act Relating to the Penal Code (assault against firefighters and water
safety officers) (Kaua`i proposal)
7) Proposed Bill for an Act Relating to Counties (appointment of county liquor
administrators) (Kaua`i proposal)
8) Proposed Bill for an Act Relating to Counties (appointment of county personnel directors of
neighbor island counties) (Kaua`i proposal)
9) Proposed Bill for an Act Relating to Housing (HSAC proposal)
Thank you for your attention and consideration of this matter. Should you have any
questions, please see me or contact our staff, Lianne Parongao, at (808) 241 -4810.
Maha 1
Derek S. . Kawakami
HSAC President
Attachments
cc: Dennis "Fresh" Onishi, HSAC Secretary
3371 -A Wilcox Road, Uhu`e, Kauai, Hawaii 96766, (808) 241 -4188
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO TLI.E PENAL., CODE
PURPOSE: To increase the penalty for use of a replica gun in a robbery or a
terroristic threatening case to a felony.
MEANS: Amend sections 707 -700 and 708 -800, Hawaii Revised Statutes,
by adding a new definition; amend section 707 -716, HRS, by
amending subsection (1); amend section 708 -840, HRS, by
amending subsection (1).
JUSTIFICATION: federal law requires that replica guns have orange tips on their
barrels, but the tips are often removed by their owners, making
them difficult to distinguish from real firearms. Replica guns are
often manufactured to look tike shotguns, assault rifles, and semi-
automatic pistols and are sometimes used in the commission of
crimes, including robberies and terroristic threatening cases.
When replica guns are used in serious offenses victims and
witnesses often believe the gw)s are real and are justifiably
terrorized when threatened with such a firearm. Because of this,
making the penalty for using replica gtms identical to instances
where a real firearm was used in the commission of these crimes is
warranted.
OCS/083010/10:37/CT
B. .
A BILL FOR AN ACT
RELATING TO THE PENAL CODE.
BE IT ENACTED BY TlFIE LEGISLAXURF, OF THE STATE OF HAWAII:
I SECTION 1. Section 707-700, Hawaii Revised Statutes., is
2 amended by adding a new definition to be appropriately. inserted
3 and to read as follows:.
4 means aAV ob:,jqct that:
5 (1) Sub-stantially zesexdbl s 4 firearm;
6 (2). Can reasonably be perceived to be a f ire.ar.m . o.r
0 7 (3) Is used or bK ! jrxd ished as:. .a firearm."
a SECTION 2. Section 707-7,16, :Hawaii Revised Statutes, i-5
9 amended by amending subsection (1) to read as follows:
10 "(1) A person commits the offense of terroristic
11 threatening,in the first degree if the person comm-its.
12 terroristic threatening:
13 (a) By threatening another person on more than one
14 occasion for the same or -a similar purposiei;
(b By threats made in.a common scheme `against different
16 persbnS7
L]
Page 2
it-B * NO %
(c) Against a public servant arising out of the
performance of. the public setvarit's offi'dial duties.
3 Fot the ptrpcses. of this paragraph, "public servant"
4 includes but is not limi:ted to an educational worker.
5 "Educational w has the same meaning as defined
6 in section 107-711;
7 (d) Against any emergency medical services personnel who
a is engaged in the performafice of duty. For purposes
9 of this paragraph, "emergency medical services
10 personnel" shall. have the same meaning as in section
11 321-222.,- or
12 (e) with the use of a dangetou$ instrument or a s.implated
13 firearm.
14 SECTION 3. Section 708-8-00, Hawaii Revised Statutes, is
3.5 amended by adding a new definition to be appropriately. inserted
16 and to read as follows*
17 ""Simulated firearm" means any object that:
18 (1) Substantially resembles a firearm;
19 _(2) Can reasonably be perceived to be a-firearin;. or
20 (3) Is used or brandished as a firearm.
4
21 SECTION 4. Section 708-84.0, Hawaii Revised Statutes IS
22 amended by,amendi subsection (1) to read as follows;
Page 3 B. NO.
1
"(1)
A person commits the offense of robbery in the first
2
degree if,
in the course of committing theft or non-consensual
3
taking of
a motor vehicle:
4
(a)
The person attempts- to kill another or intentionally,
5
or knowingly inflicts or ahem 8 to, in serious
6
bodily injury upon another;
(b)
The person is armed with a "n'gerous instruinerit or.a
simulated firearm and-
9
(i) The person uses force against the person of
10
anyone present with intent to overcome that
11
person's physical resistance or physical power of
12
resistance; or
13
(ii) The person threatens the imminent use of force
14
against the person of anyone present with intent
i5
to compel acquiescence to the taking of or
16
escaping With the property;
17
(c)
The person uses force against the - person of anyone
18
present with.the intent to overcome that perso.n's:
19
physical resistance or physical power of resistance
20
during the time of a civil defense emergency
21
proclaimed by the governor pursuant to chapter 128,
22
within the area covered by the civil defense emergency
Page 4
B. NO.
I or during the period of disaster relief under chapter
2 127; or
3 (d) The person threatens the imminent use of force against
4 the person of anyone pre.-sent w1th i.atent to pompel
acquiescence to the taking of or escaping with the
6 property during the time of a civil defense emergency
7 proclaimed by the governor-pursuant to chapter 128,
a withift the area covered by the civil defense ejuergeTlay
9 or diTring the period of disaster relief under chapter
1 - 0 127.
11 SECTION 5- This Act does not affect rights and duties that
12 matured, penalties that were incurred, and proceedings that were
13 begun before its effective date.
14 SECTION 6, New statutory material is vndersoor'ed.
15 SECTION 7. This Act shall take effect on apptoval.
16
INTRODUCED BY:
tY REQUEST
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
TITLE: A BILL FOR AN ACT RELATING TO NOMINATION PAPERS
PURPOSE: The purpose of the draft bill is to require that candidates for
elective county office include with their nomination paper a sworn
certification of compliance with any relevant provision of the
county charter or ordinances pertaining to elected officials, or the
nomination papers shall be void and not accepted for filing by the
county clerk.
MEANS: Amend Section 12 -3, Hawaii Revised Statutes, to add to the list of
information required to be contained in a candidate's nomination
paper the following:
"For candidates seeking elective County office, a sworn
certification by self - subscribing oath by the candidate that the
candidate has complied with provisions of the relevant County
charter and County ordinances pertaining to elected officials."
JUSTIFICATION: This measure will help to ensure that a candidate for elective
County office has complied with any County laws, including the
filing of financial disclosure statements, prior to the candidate's
name being placed on the ballot.
V
.B. NO.
A BILL FOR AN ACT
RELATING TO NOMINATION PAPERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 12 -3, Hawaii Revised Statutes, is
2 amended to read as follows:
3 XN(a) No candidate's name shall be printed upon any
4 official ballot to be used at any primary, special primary, or
5 special election unless a nomination paper was filed in the
6 candidate's behalf and in the name by which the candidate is
7 commonly known. The nomination paper shall be in a form
8 prescribed and provided by the chief election officer containing
9 substantially the following information:
10 (1) A statement by the registered voters signing the form
11 that they are eligible to vote for the candidate;
12 (2) A statement by the registered voters signing the form
13 that they nominate the candidate for the office
14 identified on the nomination paper issued to the
15 candidate;
16 (3) The residence address and county in which the candidate
17 resides;
k Page 2 ■ B. NO.
1 (4) The legal name of the candidate, the name by which the
2 candidate is commonly known, if different, the office
3 for which the candidate is running, and the
4 candidate's party affiliation or nonpartisanship; all
5 of which are to be placed on the nomination paper by
6 the chief election officer or the clerk prior to
7 releasing the form to the candidate;
8 (5) Space for the name, signature, date of birth, last four
9 digits of the social security number, and residence
10 address of each registered voter signing the form, and
11 other information as determined by the chief election
12 officer; provided that no more than the last four
13 digits of a voter's social security number shall be
14 required;
15 (6) A sworn certification by self - subscribing oath by the
16 candidate that the candidate qualifies under the law
17 for the office the candidate is seeking and that the
18 candidate has determined that, except for the
19 information provided by the registered voters signing
20 the nomination papers, all of the information on the
21 nomination papers is true and correct;
% Page 3 ■ B ■ NO.
1
(7)
A sworn certification by self - subscribing oath by a
2
party candidate that the candidate is a member of the
3
party;
4
(8)
For candidates seeking elective County office, a sworn
5
certification by self - subscribing oath by the
6
candidate that the candidate has complied with
7
provisions of the relevant County charter and County
8
ordinances pertaining to elected officials.
9
[(8)]
(9) A sworn certification by self- subscribing oath,
10
where applicable, by the candidate that the candidate
11
has complied with the provisions of article II,
12
section 7, of the Constitution of the State of
13
Hawaii;
14
[(9)]
(10) A sworn certification by self - subscribing oath by
15
the candidate that the candidate is in compliance with
16
section 831 -2, dealing with felons, and is eligible to
17
run for office; and
18
[(10)]
(11) The name the candidate wishes printed on the
19
ballot and the mailing address of the candidate.
20
(b)
Signatures of registered voters shall not be counted,
21
unless they
are upon the nomination paper having the format set
22
forth above, written or printed thereon, and if there are
Page 4 . B ■ NO.
1 separate sheets to be attached to the nomination paper, the
2 sheets shall have the name of the candidate, the candidate's
3 party affiliation or nonpartisanship, and the office and
4 district for which the candidate is running placed thereon by
5 the chief election officer or the clerk. The nomination paper
6 and separate sheets shall be provided by the chief election
7 officer or the clerk.
8 (c) Nomination papers shall not be filed in behalf of any
9 person for more than one party or for more than one office; nor
10 shall any person file nomination papers both as a party
11 candidate and as a nonpartisan candidate.
12 (d) The office and district for which the candidate is
13 running, the candidate's name, and the candidate's party
14 affiliation or nonpartisanship may not be changed from that
15 indicated on the nomination paper and separate sheets. If the
16 candidate wishes to run for an office or district different from
17 that for which the nomination paper states or under a different
18 party affiliation or nonpartisanship, the candidate may request
19 the appropriate nomination paper from the chief election officer
20 or clerk and have it signed by the required number of registered
21 voters.
Page 5 ■ B ■ NO.
1
(e) Nomination papers that contain alterations or changes
2
made by anyone other than the chief election officer or the
3
clerk to the candidate's information, the candidate's
party
4
affiliation or nonpartisanship, the office to
which the
5
candidate seeks nomination, or the oath of
loyalty or
6
affirmation, after the nomination paper was issued
by the chief
7
election officer or clerk, shall be void and
will not be
8
accepted for filing by the chief election officer or
clerk.
9
(f) Nomination papers which are incomplete
and do not
10
contain all of the certifications, signatures, and
requirements
11
of this section shall be void and will not be
accepted for
12
filing by the chief election officer or clerk."
13
SECTION 2. Statutory material to be deleted is bracketed.
14
New statutory material is underscored.
15
SECTION 3. This Act shall take effect upon its
approval.
16
17 INTRODUCED BY:
[E:3
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
TITLE: A BILL FOR AN ACT RELATING TO AQUARIUM
AQUATIC LIFE
PURPOSE: The purpose of the draft bill is to improve the regulation of
aquarium aquatic life collecting to protect Hawai`i's aquatic life
and the marine environment.
MEANS: Amend Chapter 188, Hawaii Revised Statues, to add a new
section to be appropriately designated.
JUSTIFICATION: Despite the presence of an aquarium fish permit process adopted
by the Department of Land and Natural Resources, Division of
Aquatic Resources, reef fish populations continue to diminish
around the major Hawaiian islands.
These commercial aquarium fish permits allow for the unlimited
collection of aquatic life, and presently, do not provide protection
for those species of aquatic life that are endemic to Hawaii
found nowhere else in the world or are deemed to be crucial to
the overall health of the reef environment.
The idea that Hawaii can, or should, supply the entire world's
growing demand for these endemic species without Hawai`i's
reefs suffering irreversible consequences through "sustainable
harvesting" is a farce that must be addressed through increased
State regulation and protection.
This measure will improve the regulation of the aquarium
industry and protect the beauty and health of Hawai`i's natural
environment.
.B. NO.
A BILL FOR AN ACT
RELATING TO AQUARIUM AQUATIC LIFE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The legislature finds that the aquarium aquatic
2 life collecting industry has operated for over 50 years without
3 limits or constraints on its catch or the number of collectors
4 in the state.
5 The aquarium industry focuses on juvenile reef fish and
6 small invertebrates and exports 82 per cent of its catch to the
7 mainland'United States. However, with expanding Asian markets,
8 collectors are targeting more remote and deeper reefs as
9 evidenced by the species sold on many internet websites.
10 Endemic species such as the bandit angelfish and the masked
11 angelfish sell for hundreds or even thousands of dollars each,
12 with no regulation or limit.
13
Home aquariums in China
reflect the
new prosperity there,
14
with large aquariums covering
multiple walls that display adult
15
eels and other large animals
from Hawai`i's
reefs. Aquarium
16
collecting is having major impacts
on Oahu
and Hawaii reefs and
17
moderate impacts on Maui reefs
where over -
harvesting is reducing
Page 2 ■ B. NO.
1 the marine tourism experience. Many coral reef fish and
2 invertebrates have complicated relationships to the overall
3 ecology of the reef. Their removal may affect the long -term
4 stability of these ecosystems. Significant population declines
5 and major shifts in species diversity are now evident in coral
6 reef areas where collection is occurring. The aquarium catch is
7 mostly herbivore. Their removal could result in increased algal
8 growth, due to a lack of grazers to keep the algae in check,
9 with a corresponding decrease in coral cover.
10 The lack of regulation enables the industry to supply the
11 growing demand for color, shape, and rarity. The Hawaiian
12 cleaner wrasse is one of the most popular fish species collected
13 and is known for its radiant color and lively movement. These
14 fish pick parasites from many other fish, are found nowhere else
15 in the world, and are collected and shipped daily without
16 limitation. The Hawaiian cleaner wrasse will not eat fish food
17 in captivity and eventually dies of starvation. Likewise,
18 coral - eating butterfly fishes, prized by aquarists for their
19 beauty, starve in a short period of time.
20 The purpose of this Act is to improve the regulation of
21 aquarium aquatic life collecting to protect aquatic life and the
22 marine environment.
Page 3
1
.B. NO.
2 SECTION 2. Chapter 188, Hawaii Revised Statutes, is
3 amended by adding two new sections to part II to be
4 appropriately designated and to read as follows:
5 " §188- Definitions. As used in this part, unless the
6 context clearly requires otherwise:
7 "Aquarium collecting gear" means any equipment used to
8 collect aquarium fish or animals including but not limited to
9 hand nets, fence or barrier nets, fiberglass or metal "tickle
10 sticks," catch buckets, keeps, or baskets.
11 "Aquarium purpose" means to hold saltwater fish, freshwater
12 nongame fish, or other aquatic life alive in a state of
13 captivity as pets, for scientific study, or for public
14 exhibition or display, or for sale for these purposes.
15 "Collect" means to take, catch, capture, harvest, confine,
16 15 or to attempt to take, catch, capture, harvest, or confine 16
17 aquatic life. The use of any aquarium collecting gear to take,
18 catch, capture, harvest, or confine, or to attempt to take,
19 catch, capture, harvest, or confine aquatic life by any person
20 who is on or about the shores of Hawaii or in a vessel in
21 Hawaiian waters shall be construed as collecting under this
22 section.
Page . B . NO.
i "Department" means the department of land and natural
2 resources.
3 "Endemic" or "endemic species" means any aquatic life
4 specimen found nowhere else other than Hawaii.
5 §188- Aquarium aquatic life; collection. (a) The
6 department shall develop and maintain an aquarium collecting
7 white list of aquatic species for each county. No aquatic
8 species shall be collected or sold for aquarium purposes in the
9 state unless the species appears on the aquarium collecting
10 white list of the county where the species is collected or sold.
11 (b) The aquarium collecting white list shall only include
12 species that are shown by an official, published department or
13 equivalent federal agency study to meet the following criteria:
14 (1) The species can survive capture, transport, and
is captivity for at least one hundred eighty days; and
16 (2) Based on historical evidence, the species is part of a
17 stable or increasing population trend in the
18 collection area.
19 (c) In addition to the requirements of subsection (b), the
20 following criteria shall apply:
21 (1) The collection of the species in a county shall not
22 exceed the average annual collection in that county
Page 5
.B. NO.
1
for the calendar years 2005 through 2007, based on
2
department collection reports for those years;
3
(2)
The removal of the species does not negatively impact
4
the reef ecosystem by contributing to algae overgrowth
5
for herbivores, parasite overload on other reef fishes
6
for cleaner wrasses and cleaner shrimp, or other
7
8
9
(3)
(d)
harmful results; and
The species is not endemic to Hawaii.
The department shall inform all permit holders under
10
section
188 -31 of the species included in the aquarium
11
collecting
white list and the penalties for failure to comply
12
with the
restrictions regarding the collection of aquatic life.
13
(e)
Any person who collects or sells aquatic life for
14
aquarium
purposes not on the aquarium collecting white list
15
shall be
fined $1,000 for each specimen collected or sold.
16
(f)
In addition to any other penalty or fine provided by
17
law, any
person violating this section shall be sentenced as
18
follows:
19 (1) For a first violation, a fine of not more than $1,000
20 or thirty days imprisonment, or both;
Page .B■ NON
1 (2) For a second violation within five years of a previous
2 violation, a fine of not more than $2,000 or sixty days
3 imprisonment, or both; and
4 (3) For a third or subsequent violation within five years
5 of a previous violation, a fine of not more than $3,000
6 or ninety days imprisonment, or both."
7 SECTION 3. This Act does not affect rights and duties that
8 matured, penalties that were incurred, or proceedings that were
9 begun before its effective date.
10 SECTION 4. New statutory material is underscored.
11 SECTION 5. This Act shall take effect on June 1, 2011.
12
13 INTRODUCED BY:
14
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
TITLE: A BILL FOR AN ACT RELATING TO THE EMPLOYER -UNION
HEALTH BENEFITS TRUST FUND (EUTF).
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 to 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 the changes to the programs and decisions may
be made that will take county interests into consideration.
I
.B. NO.
A BILL FOR AN ACT
RELATING TO THE EMPLOYER -UNION HEALTH BENEFITS TRUST FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The
legislature finds
that the counties need
2 representation on the
board of trustees
of the Hawaii
employer -
3 union health benefits
trust fund. The
counties contribute a
4 substantial amount to
the fund and the
health and well
-being of
5 their employees and
retirees depend on
the benefit
decisions
6 made by the board
of trustees.
Despite their
lack of
7 representation, as public employers, the counties are affected
8
by board
decisions. In a
recent case brought by
retirees
9
objecting
to board of trustees benefit decisions, the
counties
10
were joined
in the lawsuit
even though they did not
have any
11
part in making
the decisions.
12
The
purpose of this Act
is to require that one of
the five
13
seats on
the board allocated
to public employers be occupied by
14
a member
appointed by the
mayors of all four counties
and
15
approved
by the Hawaii State
Association of Counties,
who will
16
provide fiscal expertise and knowledge of
county
finances and
17
the county workplace. This requirement will
enable
the effect
Page B. NO.
1 of proposed benefit changes on the county's workplace and
2 finances to be adequately considered in board decisions.
3 SECTION 2. Section 87A -5, Hawaii Revised Statutes, is
4 amended to read as follows:
5 " §87A -5 Composition of board. The board of trustees of the
6 employer -union health benefits trust fund shall consist of ten
7 trustees appointed [ ] in accordance with the
8 following procedure:
9 (1) Five trustees[,, —] appointed by the governor, one of
10 whom shall represent retirees, to represent employee -
11 beneficiaries and to be selected as follows:
12 (A) Three trustees shall be appointed from a list of
13 two nominees per trustee selected by each of the
14 three exclusive representative organizations that
15 have the largest number of employee-
16 beneficiaries;
17 (B) One trustee shall be appointed from a list of two
18 nominees selected by mutual agreement of the
19 remaining exclusive employee representative
20 organizations; and
21 (C) One trustee representing retirees shall be
22 appointed from a list of two nominees selected by
r
Page 3
B. NO.
1 mutual agreement of all eligible exclusive
2 representatives; and
3 (2) Five trustees to represent public employers[ — ] ,four of
4 whom shall be appointed by the governor, and one of whom
5 shall be appointed by unanimous agreement of the mayors of
6 each of the four counties and approved by the Hawaii state
7 association of counties to represent the city and county
8 of Honolulu and the counties of Hawai.`i, Maui, and Kauai.
9 Section 26 -34 shall not apply to board member selection and
10 terms. Notwithstanding any other provision of this section, no
11 exclusive representative of a bargaining unit that sponsors or
12 participates in a voluntary employee beneficiary association
13 shall be eligible to select nominees or to be represented by a
14 trustee on the board.
15 As used in this section, the term "exclusive
16 representative" shall have the same meaning as in section 89 -2."
17 SECTION 3. Statutory material to be repealed is bracketed
18 and stricken. New statutory material is underscored.
19 SECTION 4. This Act shall take effect upon its approval.
20 INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawai'i State Association of Counties (HSAC)
TITLE: A BILL FOR AN ACT RELATING TO THE EMPLOYEES'
RETIREMENT SYSTEM (ERS).
PURPOSE: To add a trustee to the board of trustees of the ERS to represent
the interests of the counties.
MEANS: Amend section 88 -24, Hawai'i Revised Statutes.
JUSTIFICATION: Counties contribute a considerable share to the retirement system
costs, which their employees and retirees include a significant
portion of the system's membership. The counties need county
membership on the board of trustees' state employees' retirement
system to ensure that the board has knowledge and expertise
about county finances and the county workforce when making
beneficial decisions.
.B. NO.
A BILL FOR AN ACT
RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The legislature finds that the counties need
2 county representation on the board of trustees of the employees'
3 retirement system of the State. The counties contribute a
4 considerable share to retirement system costs, and their
5 employees and retirees are a significant portion of the system's
6 membership. County representation will ensure that the board
7 possesses expertise about county finances and the county
8 workforce in making benefit decisions. Lack of representation
9 may result in a situation where board members do not fully
10 consider the costs of their actions on the counties, resulting
11 in changes that may not be cost beneficial in the aggregate or
12 may affect the retirement income of county employees and
13 retirees.
14
The
purpose of
this Act is
to include county
representation
15
on the
membership
of the board
of trustees of
the employees'
16 retirement system.
Page 2 . B. NO.
1 SECTION 2. Section 88 -24, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "§88 -24 Composition of board. The board of trustees
4 shall consist of [e] ten members as follows:
5 (1) The director of finance of the State, ex officio;
6 (2) [Fed3_=] Five members of the system, [fie] three of whom
7 shall be general employees, one of whom shall be a
8 teacher, and one of whom shall be a retirant to be
9 elected by the members and retirants of the system
10 under rules adopted by the board governing the
11 election to serve for terms of six years each, one of
12 the terms to expire on January 1 of each even - numbered
13 year; provided that, if after the close of filing of
14 petitions for candidacy, a member is unopposed for
15 election to a trustee position, the member shall be
16 deemed and declared to be duly and legally elected to
17 the position of trustee without an election; [a-nd]
18 (3) Three citizens of the State who are not employees, one
19 of whom shall be a responsible officer of a bank
20 authorized to do business within the State, or a
21 person of similar experience, to be appointed by the
22 governor, with the advice and consent of the senate,
Page 3 . B. NO.
1 to serve for a term of six years each, one of the
2 terms to expire January 1 of each odd - numbered year
3 [ —] ; and
4 (4) One member appointed by unanimous agreement of the
5 mayors of each of the four counties and approved by
6 the Hawaii state association of counties, subject
7 to confirmation by the Senate in the same manner as
8 trustees appointed by the governor, to serve for a
9 term of six years with each term to expire on
10 January 1 of an odd - numbered year.
11 Each trustee shall serve until the trustee's successor is
12 elected or appointed, as the case may be, and qualified. For
13 the purpose of this section, the term "general employees"
14 includes police officers and firefighters."
15 SECTION 3. Statutory material to be repealed is bracketed
16 and stricken. New statutory material is underscored.
17 SECTION 4. This Act shall take effect upon its approval.
18 INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
TITLE: A BILL FOR AN ACT RELATING TO THE PENAL CODE.
PURPOSE: To protect firefighters and water safety officers while in the line of
performing their job duties.
MEANS: Amend sections 707 -700, 707 - 712.5, and 707 - 712.6, Hawaii
Revised Statutes.
JUSTIFICATION: The intent of this legislation is to protect firefighters and water
safety officers from harm, who may be perpetrated by those they
assist while performing their job duties.
Firefighters and water safety officers are vital to the health and
safety of the community they serve; whether it may be a resident or
visitor, everyone benefits from their services. When firefighters and
water safety officers reach the site of an emergency that is in
progress, they must perform their duties while focusing on their own
safety. In certain situations, they must work in difficult hostile and
volatile situations, which often stem from drug abuse or domestic
violence cases, to deflate rising levels of emotionalism, often times
escalating into violence, and victimizing firefighters and water
safety officers. Water safety officers have been confronted from
irate members of the public demanding that water safety officers
have no right to direct them to safer places during high surf or bad
conditions.
Recently in the state of Illinois, a mob of 300 assaulted police and
firefighters with fireworks by aiming fireworks towards them; and in
California, a firefighter was assaulted by a suspect who was
arrested for burglary as well as a felony battery of a fireman.
B. NO.
A BILL FOR AN ACT
RELATING TO THE PENAL CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 707 -700, Hawaii Revised Statutes, is
2 amended by adding new definition to be appropriately inserted
3 and to read as follows:
4 " "Water safety officer" means any public servant employed
5 by the United States, the State or any County as a
6 lifeguard or person authorized to conduct water rescue or
7 ocean safety functions."
8 SECTION 2. Section 707 -700, Hawaii Revised Statutes,
9 is amended by adding a new definition to be appropriately
10 inserted and to read as follows:
11 " "Firefighter" shall have the same meaning as set forth in
12 Section 710 -1012, Hawaii Revised Statutes."
13 SECTION 3. Section 707 - 712.5, Hawaii Revised Statutes,
14 is amended to read as follows:
15 Assault against a law enforcement officer, firefighter, or
16 water safety officer in the first degree.
Page 2 ■ B ■ NO.
1 (1) A person commits the offense of assault against a law
2 enforcement officer firefighter, or water safety
3 officer in the first degree if the person:
4 (a) Intentionally or knowingly causes bodily injury
5 to a law enforcement officer firefighter, or
6 water safety officer who is engaged in the
7 performance of duty; or
8 (b) Recklessly or negligently causes, with a
9 dangerous instrument, bodily injury to a law
10 enforcement officer firefighter, or water safety
11 officer who is engaged in the performance of
12 duty.
13 (2) Assault of a law enforcement officer firefighter, or
14 water safety officer in the first degree is a class C
15 felony. The court shall, at a minimum, sentence the
16 person who has been convicted of this offense to:
17 (a) An indeterminate term of imprisonment of five
18 years, pursuant to section 706 -660; or
19 (b) Five years probation, with conditions to include
20 a term of imprisonment of not less than thirty
21 days without possibility of suspension of
22 sentence.
Page 3 . B ■ NO.
1 SECTION 4. Section 707 - 712.6, Hawaii Revised Statutes,
2 is amended to read as follows:
3 Assault against a law enforcement officer firefighter, or
4 water safety officer in the second degree.
5 (1) A person commits the offense of assault against a law
6 enforcement officer firefighter, or water safety
7 officer in the second degree if the person recklessly
8 causes bodily injury to a law enforcement officer,
9 firefighter, or water safety officer who is engaged in
10 the performance of duty.
11 (2) Assault against a law enforcement officer,
12 firefighter, or water safety officer in the second
13 degree is a misdemeanor. The court shall sentence the
14 person who has been convicted of this offense to a
15 definite term of imprisonment, pursuant to section
16 706 -663, of not less than thirty days without
17 possibility of probation or suspension of sentence.
18 SECTION 5. This Act does not affect the rights and duties
19 that matured, penalties that were incurred, and proceedings that
20 were begun before its effective date.
21 SECTION 6. New statutory material is underscored.
22 SECTION 7. This Act shall take effect upon its approval.
23 INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
TITLE: A BILL FOR AN ACT RELATING TO COUNTIES.
PURPOSE: The purpose of this bill is to extend the power to appoint county
liquor administrators to the county liquor control commission.
MEANS: Amend section 281 -11.5, Hawai'i Revised Statutes.
JUSTIFICATION: This legislation will allow the counties the authority to determine
appropriate appointment and removal procedures for county liquor
administrators pursuant to each county's charter. Granting this
authority is within the purview of the counties' executive and
administrative structure and organization, which is supported and
consistent with the principle of county self - governance established
in article VIII, section 2 of the Hawaii Constitution.
B. NO.
A BILL FOR AN ACT
RELATING TO COUNTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Article VIII, section 2 of the Hawaii constitution states, in
2 relevant part, that:
3 "Each political subdivision shall have the power to frame and adopt a charter
4 for its own self - government within such limits and under such procedures as may be
s provided by general law. . . Charter provisions with respect to a political
6 subdivision's executive, legislative and administrative structure and organization
7 shall be superior to statutory provisions, subject to the authority of the legislature
8 to enact general laws allocating and reallocating powers and functions."
9 The purpose of this Act is to allow the counties the authority to determine
10 appropriate appointment and removal procedures for county liquor administrators
11 pursuant to each county's charter. The legislature finds that the grant of such
12 authority is within the purview of the counties' executive and administrative
13 structure and organization, and is therefore supported by and consistent with the
14 principle of county self - governance established in article VIII, section 2 of the
15 Hawaii constitution.
Page 2 . B. NO.
1 SECTION 2. Section 281 -11.5, Hawaii Revised Statutes, is amended to read
2 as follows:
3 " § 281 -11.5 Liquor commission, liquor administrator and board
4 attorney. (a) The liquor commission or liquor control adjudication board may hire
5 attorneys to assist it in carrying out its administrative functions under this chapter.
6 The assistance may include providing legal advice and prosecuting and defending
7 legal claims under this chapter or arising in connection with this chapter.
8 (b) Subiect to chapter 76 a liquor administrator shall be appointed and
9 may be removed by the liquor commission or as prescribed by the charter of each
to county. The administrator may also be appointed an investigator, and shall be
11 responsible for the operations and activities of the staff.
12 The administrator may:
13 (1) Hire and remove hearing officers, investigators, and clerical and or
14 other assistants as the liquor commission's business may from time to time require,
1s to prescribe their duties, and fix their compensation; and
16 (2) Engage the services of experts and persons engaged in the practice
17 of a profession if deemed expedient. Every investigator, within the scope of the
18 investigator's duties shall have the powers of a police officer."
19 SECTION 3. Section 281 -17, Hawaii Revised Statutes, is amended by
20 amending subsection (a) to read as follows:
1
2
3
4
5
6
7
s
9
10
11
12
13
14
15
16
17
18
19
20
21
Page 3
.B. NO.
"(a) The liquor commission, within its own county, shall have the sole
jurisdiction, power, authority, and discretion, subject only to this chapter:
(1) To grant, refuse, suspend, and revoke any licenses for the manufacture,
importation, and sale of liquors;
(2) To take appropriate action against a person who, directly or indirectly,
manufactures, sells, or purchases any liquor without being authorized pursuant to
this chapter; provided that in counties which have established by charter a liquor
control adjudication board, the board shall have the jurisdiction, power, authority,
and discretion to hear and determine administrative complaints of the director
regarding violations of the liquor laws of the State or of the rules of the liquor
commission, and impose penalties for violations thereof as may be provided by law;
(3) To control, supervise, and regulate the manufacture, importation, and sale of
liquors by investigation, enforcement, and education; provided that any educational
program shall be limited to the commission staff, commissioners, liquor control
adjudication board members, licensees and their employees and shall be financed
through the money collected from the assessment of fines against licensees;
provided that fine moneys, not to exceed ten per cent a year of fines accumulated,
may be used to fund public liquor related educational or enforcement programs;
(4) From time to time to make, amend, and repeal such rules, not inconsistent
with this chapter, as in the judgment of the commission seem appropriate for
carrying out this chapter and for the efficient administration thereof, and the
Page 4 ■ B. NO.
1 proper conduct of the business of all licensees, including every matter or thing
2 required to be done or which may be done with the approval or consent or by order
3 or under the direction or supervision of or as prescribed by the commission; which
4 rules, when adopted as provided in chapter 91 shall have the force and effect of law;
Ii
�����.rinr�•.n . . a'�.nu ten• ay.� r. ��aor�•. m: ��� .a.rn.ir���Or...�:r•r�:�o:.:i
ir�:i rA� � rt•.r•
13 �6 ] (5) To limit the number of licenses of any class or kind within the county, or
14 the number of licenses of any class or kind to do business in any given locality,
15 when in the judgment of the commission such limitations are in the public interest;
16 [{7}] (6) To prescribe the nature of the proof to be furnished, the notices to be
17 given, and the conditions to be met or observed in case of the issuance of a duplicate
18 license in place of one alleged to have been lost or destroyed, including a
19 requirement of any indemnity deemed appropriate to the case;
Page 5
.B. NO.
1 [kg)] (7) To fix the hours between which licensed premises of any class or classes
2 may regularly be open for the transaction or business, which shall be uniform
3 throughout the county as to each class respectively;
4 [{�] (8) To prescribe all forms to be used for the purposes of this chapter not
s otherwise provided for in this chapter, and the character and manner of keeping of
6 books, records, and accounts to be kept by licensees in any matter pertaining to
7 their business;
8 [{10}] (9) To investigate violations of this chapter, chapter 244D and,
9 notwithstanding any law to the contrary, violations of the applicable department of
10 health's allowable noise levels, through its investigators or otherwise, to include
11 covert operations, and to report violations to the prosecuting officer for prosecution
12 and, where appropriate, the director of taxation to hear and determine complaints
13 against any licensee;
14 [(44- ] 10 To prescribe, by rule, the terms, conditions, and circumstances under
15 which persons or any class of persons may be employed by holders of licenses;
16 [(4 -24] 11 To prescribe, by rule, the term of any license or solicitor's and
17 representative's permit authorized by this chapter, the annual or prorated amount,
18 the manner of payment of fees for the licenses and permits, and the amount of filing
19 fees; and
20 [( -34] 12 To prescribe, by rule, the circumstances and penalty for the
21 unauthorized manufacturing or selling of any liquor."
Page 6
B. NO.
I SECTION 4. Statutory material to be repealed is bracketed and stricken.
2 New statutory material is underscored.
3 SECTION 5. This Act shall take effect upon its approval.
4
s INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
TITLE: A BILL FOR AN ACT RELATING TO COUNTIES.
PURPOSE: The purpose of this bill is to allow the personnel directors of Kaua'i,
Maui, and Hawai'i counties to be appointed and removed by either
the merit appeals board or mayor of the county.
MEANS: Amend section 76 -75, Hawaii Revised Statutes.
JUSTIFICATION: This legislation will allow the counties the authority to determine
appropriate appointment and removal procedures for county
personnel directors pursuant to each county's charter. Granting
this authority is within the purview of the counties' executive and
administrative structure and organization, which is supported and
consistent with the principle of county self - governance established
in article VIII, section 2 of the Hawaii Constitution.
.B. NO.
A BILL FOR AN ACT
RELATING TO COUNTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1
SECTION 1. Article VIII, section 2 of the Hawaii constitution states, in
2 relevant part, that:
3 "Each political subdivision shall have the power to frame and adopt a charter
4 for its own self - government within such limits and under such procedures as may be
s provided by general law. . . Charter provisions with respect to a political
6 subdivision's executive, legislative and administrative structure and organization
7 shall be superior to statutory provisions, subject to the authority of the legislature
s to enact general laws allocating and reallocating powers and functions."
9 The purpose of this Act is to allow the counties the authority to determine
10 appropriate appointment and removal procedures for county personnel directors
11 pursuant to each county's charter. The Legislature finds that the grant of such
12 authority is within the purview of the counties' executive and administrative
13 structure and organization, and is therefore supported by and consistent with the
14 principle of county self - governance established in article VIII, section 2 of the
15 Hawaii constitution.
Page 2 . B K w
1 SECTION 2. Section 76 -75, Hawaii Revised Statutes, is amended to read
2 as follows:
3 " § 76 -75 Personnel director. [The] Either the merit appeals board or
4 mayor of each county, as prescribed by the charter of each county, shall appoint and
5 may at pleasure remove a personnel director, who shall be the chief administrative
6 officer of the department of civil service. The director [shall], at the time of the
7 director's appointment, and thereafter, shall be thoroughly familiar with the
8 principles and methods of personnel administration and shall believe in applying
9 merit principles and scientific administrative methods to public personnel
10 administration."
11 SECTION 3. Statutory material to be repealed is bracketed and stricken.
12 New statutory material is underscored.
13 SECTION 4. This Act shall take effect upon its approval.
14
15 INTRODUCED BY:
V
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
TITLE: A BILL FOR AN ACT RELATING TO HOUSING
PURPOSE: Extends the forty -five (45) day window for a legislative body to
approve, approve with modification, or disapprove an affordable
housing project under Section 201 H -38, Hawaii Revised Statues,
to sixty (60) days.
MEANS: Amends Section 201 H -38, Hawaii Revised Statues.
JUSTIFICATION: With the authority granted to the county councils by Act 249 (2007)
to modify affordable housing projects, extending the councils'
review period to sixty days will produce projects that are better
suited to the counties' respective needs while still providing an
expedited process.
The forty -five day deadline is inadequate for a responsible review of
a project, partly because a significant amount of time is consumed
by the notice requirements under Chapter 92, HRS, for scheduling
Council and committee meetings.
Passage of this measure would reflect the Legislature's recognition
of the scheduling and other limitations imposed on the councils by
the Sunshine Law.
This measure only addresses the councils' role in the approval
process, which historically has not been the source of delays and
increased cost for good affordable housing projects.
.B.NO.
A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1.
The forty -five day window
for a legislative
2 body to approve,
approve with modification,
or disapprove an
3 affordable housing
project is too short to
have a meaningful
4 discussion of the project. Allowing additional days will
5 provide an expedited review while allowing the legislative body
6 of a county to do its due diligence in evaluating a project.
7 SECTION 2. Section 201H -38, Hawaii Revised Statutes,
8 is amended by amending subsection (a) to read as follows:
9 "(a) The corporation may develop on behalf of the State or
10 with an eligible developer, or may assist under a government
11 assistance program in the development of, housing projects that
12 shall be exempt from all statutes, ordinances, charter
13
provisions,
and rules of any
government
agency relating to
14
planning,
zoning, construction
standards
for subdivisions,
15
development
and improvement of
land, and
the construction of
16 dwelling units thereon; provided that:
0
Page 2 . B. NO.
1 (1) The corporation finds the housing project is
2 consistent with the purpose and intent of this
3 chapter, and meets minimum requirements of health and
4 safety;
5 (2) The development of the proposed housing project does
6 not contravene any safety standards, tariffs, or rates
7 and fees approved by the public utilities commission
8 for public utilities or of the various boards of water
9 supply authorized under chapter 54;
10 (3) The legislative body of the county in which the
11 housing project is to be situated shall have approved
12 the project with or without modifications:
13
(A) The legislative body shall approve, approve with
14
modification, or disapprove the project by
15
resolution within forty -five days after the
16
corporation has submitted the preliminary plans
17
and specifications for the project to the
18
legislative body[...] provided that the
19
legislative body may request the corporation to
20
approve an extension to sixty day if the
21
legislative body determines that circumstances
Page 3 ■ B. NO.
1
require additional time for review. If on the
2
forty -sixth day, or sixty -first day in the case
3
of an approved extension, a project is not
4
disapproved, it shall be deemed approved by the
5
legislative body;
6
(B) No action shall be prosecuted or maintained
7
against any county, its officials, or employees
8
on account of actions taken by them in reviewing,
9
approving, modifying, or disapproving the plans
10
and specifications; and
11
(C) The final plans and specifications for the
12
project shall be deemed approved by the
13
legislative body if the final plans and
14
specifications do not substantially deviate from
15
the preliminary plans and specifications. The
16
final plans and specifications for the project
17
shall constitute the zoning, building,
18
construction, and subdivision standards for that
19
project. For purposes of sections 501 -85 and
20
502 -17, the executive director of the corporation
21
or the responsible county official may certify
22
maps and plans of lands connected with the
Page 4
.B. NO.
1 project as having complied with applicable laws
2 and ordinances relating to consolidation and
3 subdivision of lands, and the maps and plans
4 shall be accepted for registration or recordation
5 by the land court and registrar; and
6 (4) The land use commission shall approve, approve with
7 modification, or disapprove a boundary change within
8 forty -five days after the corporation has submitted a
9 petition to the commission as provided in section
10 205 -4. If on the forty -sixth day the petition is not
11 disapproved, it shall be deemed approved by the
12 commission."
13 SECTION 3. Statutory material to be deleted is
14 bracketed and stricken. New statutory material is underscored.
15 SECTION 4. This Act shall take effect upon its
16 approval.
17
18 INTRODUCED BY: