HomeMy WebLinkAboutCOM 0480.000 2010-2012 J�tVOF h .
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K. Angel Pilago - �Ji;�' Phone No.: (808)323-4280
Vice Chair.1%;,,ft:.: Fax No.: (808)329-4786
District 8-North Kona - _ E-Mail: apilago@co.hawaii.hi.us
' ,TE OF M►'�
HAWAII COUNTY COUNCIL
County of Hawai`i
West Hawaii Civic Center
Building A -Council
74-5044 Ane Keohokalole Highway
Kailua-Kona,Hawai`i 96740
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MEMORANDUM : 1"71
,
DATE: November 18, 2011
TO: Dominic Yagong, Council Chair, and Council Members
FROM: K. Angel Pilago, Vice Chair District 8
SUBJECT: 2012 Hawaii State Association of Counties 'SAC) Legislative Package
Attached is the 2012 HSAC Legislative Package, approved by the HSAC Executive Committee,
for Hawaii County's consideration and approval. There are ten proposed Bills for an Act and
four proposed Resolutions as follows:
1) Proposed Bill for an Act Relating to Traffic Infractions.
2) Proposed Bill for an Act Relating to Housing.
3) Proposed Bill for an Act Relating to Food Labeling.
4) Proposed Bill for an Act Relating to Agricultural Product Branding and Country or
Region of Origin Labeling.
5) Proposed Bill for an Act Relating to Gallonage Tax on Liquor.
6) Proposed Bill for an Act Relating to the Employees' Retirement System.
7) Proposed Bill for an Act Relating to the Employer-Union Health Benefits Trust Fund.
8) Proposed Bill for an Act Relating to Adult Residential Care Homes.
9) Proposed Bill for an Act Relating to Collective Bargaining.
10) Proposed Bill for an Act Relating to Liability.
11) Resolution urging U.S. Government to reimburse counties for all costs relating to the
Asia Pacific Economic Cooperation (APEC) Leaders Meeting.
12) Resolution urging to ease Visa restrictions for the People's Republic of China.
13) Resolution urging the legislature of the State of Hawaii to provide funding for any
activities mandated to any of the Counties by the State of Hawaii.
14) Senate and House Resolution urging the Governor and the Legislature of the State of
Hawai`i to preserve the Counties' share for the Transient Accommodations Tax.
Due to the time constraints for Council approval, I would like to request that this matter be
waived to the next scheduled Council meeting. q p O
Comm: No. O
Ref. To: 1'"KOLUAGi
Ref. Uott- NOV 2 3 20tL .
Hawai`i County Is An Equal Opportunity Provider And Employer
Dominic Yagong, Council Chair and Council Members
November 18
Page 2 of 2
If there are any questions please call me or my staff at (808) 323-4280.
Thank you,
xc: Glynis Yamada, Council Services
Jeanette Aiello, Committee Services
KAP/jks
Hawaii State Association of Counties (HSAC)
Counties of Kauai, Maui, and Hawaii, and City & County of Honolulu
November 10, 2011
Honorable Dominic Yagong, Council Chair
Hawaii County Council
25 Aupuni Street, Suite 1402
Hilo, HI 96720
Dear Council Chair Yagong and Members of the Council:
for your approval are proposals for the 2012 Hawaii State
Attached
1 of Counties (HSAC) Legislative Package that were approved by
the\HSAC Executive Committeean October 28, 2011 and November 3, 2011.
Eachrespective County\do :mien needs to take action on the following
proposals for inclusion in the 2012 HSAC Legislative Package:
1) Proposed Bill for an Act Relating to, me Infractions (Provides the
Counties with a percentage of fines forduneontested traffic infractions;
County of Maui Proposal); t k���"'� j1
��•, '
2) Proposed Bill for an Act Relating to Housing (Increases the time for
review of affordable housing projects submitted pursuant_to Section
201H-38, Hawaii Revised Statutes; County of Maui Proposal);1;�
L`� or, an Act Relating to Food Labeling(Requires/ the
3) Proposed,�Bill
•'f labeling of'gene. call engineered food County y gi products; Conn of�Maui
f o-
1:1/..*),r�'' Proposal); X17 `` f .:"%'
i' 4) Proposed Bill for an A c.Relating to Agricultural Product Branding and
i X Country or Region of:Origin Labeling (County of Hawaii Proposal);
•
ul+ 5) Proposed Bill for an At Relating to Gallonage Tax on Liquor (Amends
�
+ Chapter 244D, Section 244D-4, Hawaii Revised Statutes, relating to
♦* increasing the gallo age tax on liquor; County of Hawaii Proposal);
t ,UR.
,'6) Propoeedw Bil�l'fo1 an Act Relating to the Employees' Retirement System
(P ovidesuthe Counties with representation on the Board of Trustees of
the Employees' Retirement System - City and County of Honolulu
Proposal);
7) Proposed Bill for an Act Relating to the Employer-Union Health
Benefits Trust Fund (H.B. NO. 175, H.D. 2 (2011); City and County of
Honolulu Proposal);
8) Proposed Bill for an Act Relating to Adult Residential Care Homes
(Requires publication of notice and holding a public hearing for
4396 Rice Street,Suite 209,LI'hu`e,Kaua'i,Hawaii 96766,(808)241-4188
November 10, 2011
Page -2 -
applications for a Type II Residential Care Home; City and County of
Honolulu Proposal);
9) Proposed Bill for an Act Relating to Collective Bargaining (Creates a
new bargaining unit for Water Safety Officers employed by the State
or Counties - City and County of Honolulu Proposal);
10)Proposed Bill for an Act Relating to Liability (Provides the Counties
with liability protection for natural conditions on or near public beach
,parks - City and County of Honolulu Proposal);
,
11)Propo ed Resolution-;;urging the United States Government to
frenilburse the City and rCounty of Honolulu, Hawai`i County, Kaua`i
County and Maio C 'un *for all costs relating to the Asia Pacific
Economic Cooperation Ijders meeting (City and County of Honolulu
proposal); ;;-'.',.. ,.
12)Proposed Resolution urging the Unite0tates;\Department of State,
the Department of Homeland Security, andthe United States Attorney
General to ease Visa restrictions for the People's Republic of China
(City and County of Honolulu proposal);; u;s, `
13)Proposed Resolution urging the legislature of the State of Hawai`i to
provide funding for any activities mandated to any of the'Co reties by
the-St`ate:o -Hawai`i (City and County of Honolulu proposal);
. emu,-t E 4'c ,! 1
1'4 Pro osed Res on urging the Governor and the Legislature the
` ,� P —,,,,. � g g?, of e
,r,"�s. State of Hawai`ie to4preserve the Counties' share of`the, Transient
f Accommodations Tax\(City and County of Honolulu proposal).-
lz Zt
Thank you for your attention and consideration on this matter. Should
yon have any questions, please feel free to contact me or our staff, Ashley
'Sunda, at (808) 241-4190. ,
COUN %y i
• , -6 a Sincerely,
MEL RAPOZO
HSAC President
Attachments.
cc: K. Angel Pilago, HSAC Vice President
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: A Bill for an Act Relating to Traffic Infractions
PURPOSE: The purpose of the proposed bill is to require the State director of
finance to transmit to the county a percentage of all fines and
forfeitures collected for uncontested traffic infractions committed
in that county.
MEANS: Adding a new chapter to the Hawaii Revised Statutes entitled
"Transmittal of Uncontested Traffic Fines and Forfeitures to
Counties".
JUSTIFICATION: The counties are responsible for enforcement of the Statewide
Traffic Code, yet the fines and forfeitures accruing from violations
are paid solely to the State. When traffic violations are
uncontested,there is no need to resort to the State courts;therefore,
the burden on State-funded personnel and resources is minimized.
Enactment of the proposed bill would assist the counties to offset
the operational costs of enforcing the Statewide Traffic Code.
Page2of4 . B . NO .
A BILL FOR AN ACT
RELATING TO TRAFFIC INFRACTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The Hawaii Revised Statues is amended by adding
2 a new chapter to be appropriately designated and to read as
3 follows:
4 "CHAPTER
5 TRANSMITTAL OF UNCONTESTED TRAFFIC FINES
6 AND FORFEITURES TO COUNTIES
7 § -1 Definitions. For purposes of this chapter, unless
8 the context clearly requires otherwise:
9 "Traffic infraction" means the same as identified under
10 section 291D-2 .
11 "Uncontested traffic infraction" means a traffic infraction
12 for which the person noticed under section 291D-5 does not
13 contest the infraction. A person "does not contest" an
14 infraction if, in accordance with section 291D-6 (b) (1) , the
15 person admits the commission of the infraction without
16 requesting a hearing to explain mitigating circumstances and
17 pays or remits bail forfeiture by mail within thirty days .
p:ocs:rsch:modifiable:11-152b:skk
Page3of4 . B . ric .
1 § - Transmittal of fines and forfeitures. (a) The
2 state director of finance shall transmit to each county not more
3 than thirty days after the end of each fiscal quarter per
4 cent of all fines and forfeitures collected for uncontested
5 traffic infractions committed in that county which are in excess
6 of amounts required by the State to pay the administrative cost
7 of the traffic violations bureau.
8 (b) Subsection (a) shall not apply to:
9 (1) Fines and forfeitures for violations that occur on
10 state off-street parking facilities, parks, airports,
11 and harbors that are subject to enforcement by the
12 State; and
13 (2) Fines and forfeitures that are required by law to be
14 paid into a special, revolving, or trust fund.
1s No county shall be entitled to any portion of the fines and
16 forfeitures described in this subsection"
17 SECTION 2 . Section 291C-171, Hawaii Revised Statues, is
18 amended by amending subsection (a) to read as follows :
19 " (a) All fines and forfeitures collected upon conviction
20 or upon the forfeiture of bail of any person charged with a
21 violation of any section or provision of the state traffic laws
22 and all assessments collected relating to the commission of
p:ocs:rsch:modifiable:11-152b:skk
Page 4of4 . B • 1\ic .
1 traffic infractions shall be paid to the state director of
2 finance [of the Statc] .
3 The judiciary shall identify those uncontested traffic
4 infractions as defined in section -1. The disposition of fines
5 and forfeitures paid to the state director of finance shall be
6 subject to section -2 . "
7 SECTION 3. Statutory material to be deleted is bracketed
8 and in strikethrough. New statutory material is underscored.
9 SECTION 4 . This Act shall take effect on July 1, 2012.
10
11 INTRODUCED BY:
p:ocs:rsch:modifiab1e:11-152b:skk
JUSTIFICATION SHEET
PROPOSER: Hawai`i State Association of Counties
TITLE: A Bill for an Act Relating to Housing
PURPOSE: The purpose of the proposed bill is to increase the amount of time
the county councils have to review affordable housing projects
submitted pursuant to Section 201H-38,Hawaii Revised Statutes
("HRS"),from 45 days to 60 days.
MEANS: Amending Section 201H-38(a)(3),HRS.
JUSTIFICATION: The forty-five day window for the county councils to approve,
approve with modification,or disapprove an affordable housing
project submitted pursuant to Section 201H-38,FIRS,is too short
of a timeframe to have any meaningful discussion on a proposed
project. Allowing sixty days will still provide for an expedited
review while increasing the amount of time the county councils
have to exercise their due diligence in evaluating a proposed
project.
Page2of5 . B • NU .
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 submitted pursuant to Section 201H-
4 38, Hawaii Revised Statutes, is too short of a timeframe to have
s any meaningful discussion on a proposed project. Allowing sixty
6 days will still provide for an expedited review while increasing
7 the amount of time the legislative body of a county has to
8 exercise its due diligence in evaluating a proposed project.
9 SECTION 2 . Section 201H-38, Hawaii Revised Statues, is
10 amended by amending subsection (a) to read as follows :
11 " (a) The corporation may develop on behalf of the State or
12 with an eligible developer, or may assist under a government
13 assistance program in the development of, housing projects that
14 shall be exempt from all statutes, ordinances, charter
15 provisions, and rules of any government agency relating to
16 planning, zoning, construction standards for subdivisions,
p:ocs:rsch:modifiab1e:11-152a:skk
Page 3of5 B r NO.
1 development and improvement of land, and the construction of
2 dwelling units thereon; provided that:
3 (1) The corporation finds the housing project is
4 consistent with the purpose and intent of this
5 chapter, and meets minimum requirements of health and
6 safety;
7 (2) The development of the proposed housing project does
8 not contravene any safety standards, tariffs, or rates
9 and fees approved by the public utilities commission
10 for public utilities or of the various boards of water
11 supply authorized under chapter 54;
12 (3) The legislative body of the county in which the
13 housing project is to be situated shall have approved
14 the project with or without modifications:
15 (A) The legislative body shall approve, approve with
16 modification, or disapprove the project by
17 resolution within [le-r-ty fie] sixty days after
18 the corporation has submitted the preliminary
19 plans and specifications for the project to the
20 legislative body. If on the [forty sixth] sixty-
21 first day a project is not disapproved, it shall
22 be deemed approved by the legislative body;
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Page 4of5 . B . 1\ic .
1 (B) No action shall be prosecuted or maintained
2 against any county, its officials, or employees
3 on account of actions taken by them in reviewing,
4 approving, modifying, or disapproving the plans
5 and specifications; and
6 (C) The final plans and specifications for the
7 project shall be deemed approved by the
8 legislative body if the final plans and
9 specifications do not substantially deviate from
10 the preliminary plans and specifications. The
11 final plans and specifications for the project
12 shall constitute the zoning, building,
13 construction, and subdivision standards for that
14 project. For purposes of sections 501-85 and
15 502-17, the executive director of the corporation
16 or the responsible county official may certify
17 maps and plans of lands connected with the
18 project as having complied with applicable laws
19 and ordinances relating to consolidation and
20 subdivision of lands, and the maps and plans
21 shall be accepted for registration or recordation
22 by the land court and registrar; and
p:ocs:rsch:modifiable:11-152a:skk
Page5of5 B • ric .
1 (4) The land use commission shall approve, approve with
2 modification, or disapprove a boundary change within
3 forty-five days after the corporation has submitted a
4 petition to the commission as provided in section 205-
5 4 . If, on the forty-sixth day, the petition is not
6 disapproved, it shall be deemed approved by the
7 commission. "
8 SECTION 3 . Statutory material to be deleted is bracketed
9 and in strikethrough. New statutory material is underscored.
10 SECTION 4 . This Act shall take effect upon its approval.
11
12 INTRODUCED BY:
p:ocs:rsch:modifiable:11-152a:skk
JUSTIFICATION SHEET
PROPOSER: Hawai`i State Association of Counties
TITLE: A Bill for an Act Relating to Food Labeling
PURPOSE: The purpose of the proposed bill is to require the labeling of
genetically engineered food products sold in the State.
MEANS: Adding a new section to Chapter 328,Hawaii Revised Statutes.
JUSTIFICATION: The long-term effects of consuming genetically engineered foods
are unclear. Without mandatory labeling requirements of these
foods,consumers may unknowingly be putting their health at risk.
Consumers have the right to know what is in food available for
sale so that they can make informed choices.
. B . NO .
A BILL FOR AN ACT
RELATING TO FOOD LABELING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Chapter 328, Hawaii Revised Statutes, is
2 amended by adding a new section to be appropriately designated
3 and to read as follows:
4 "§328- Genetically engineered material; labeling
5 requirement. (a) Beginning January 1, 2013, no food or raw
6 agricultural commodity shall be sold in the State if it contains
7 a genetically engineered material, or was produced with a
8 genetically engineered material, unless it bears a label that
9 provides the following disclosure notice in bold-face print and
10 not less than ten-point type:
11 "THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED MATERIAL,
12 OR WAS PRODUCED WITH A GENETICALLY ENGINEERED MATERIAL."
13 (b) A food shall be considered to have been produced with
14 a genetically engineered material if:
15 (1) The organism from which the food is derived has been
16 injected or otherwise treated with a genetically
17 engineered material (except that the use of manure as
paf:kmh:ll-157a
. B . No .
1 a fertilizer for raw agricultural commodities may not
2 be construed to mean that those commodities are
3 produced with a genetically engineered material) ;
4 (2) The animal from which the food is derived has been fed
5 genetically engineered material; or
6 (3) The food contains an ingredient that is a food to
7 which paragraph (1) or (2) applies .
8 (c) For the purposes of this section:
9 "Genetically engineered material" means material derived
10 from any part of a genetically engineered organism, without
ii regard to whether the altered molecular or cellular
12 characteristics of the organism are detectable in the material.
13 "Genetically engineered organism" means :
14 (1) An organism that has been altered at the molecular or
15 cellular level by means that are not possible under
16 natural conditions or processes (including recombinant
17 deoxyribonucleic acid and ribonucleic acid techniques,
18 cell fusion, microencapsulation, macroencapsulation,
19 gene deletion and doubling, introducing a foreign
20 gene, and changing the positions of genes) , other than
21 a means consisting exclusively of breeding,
paf:kmh:ll-157a
. B . NO .
1 conjugation, fermentation, hybridization, in vitro
2 fertilization, tissue culture, or mutagenesis; or
3 (2) An organism made through sexual or asexual
4 reproduction, or both, involving an organism described
5 in paragraph (1) , if possessing any of the altered
6 molecular or cellular characteristics of the organism
7 so described.
8 (d) This section shall not apply to food that is:
9 (1) Served in restaurants or other establishments in which
10 food is served for immediate human consumption;
11 (2) Processed and prepared primarily in a retail
12 establishment and is ready for human consumption, of
13 the type described in paragraph (1) , and is offered
14 for sale to consumers but not for immediate human
15 consumption in the establishment and is not offered
16 for sale outside the establishment; or
17 (3) A medical food as defined in section 346-67 .
18 (e) A violation of any provision of this section, or any
19 rule adopted pursuant to this chapter, shall be punishable by a
20 fine of not more than $1, 000 for each violation.
21 (f) The director of health shall adopt rules, pursuant to
22 chapter 91, necessary for the purposes of this section,
paf:kmh:11-157a
13 .
1 including rules for the testing of foods to determine the
2 presence and content of genetically engineered material."
3 SECTION 2. New statutory material is underscored.
4 SECTION 3 . This Act shall take effect upon its approval.
5
6 INTRODUCED BY:
7
paf:kmh:11-157a
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
'ITI"LE: RELATING TO AGRICULTURAL PRODUCT BRANDING AND
COUNTRY OR REGION OF ORIGIN LABELING IN HAWAII
REVISED STATUTES,SECTION 486.
PURPOSE: To amend HRS Chapter 486 on branding agricultural products and
labeling with the country or region of origin to protect Hawai`i's regional
crops and our growers investment,provide protection of the consumer,
prevent misleading information on labels,be informative to all parties of
interest,create an identity for Hawai`i agricultural products,increase the
minimum percentage in blends of any product to 75%before a Hawaiian
or Hawaii regional name may be placed on the label,and equalize all
agricultural products in the way products are labeled and blended.
MEANS: Amend HRS Chapter 486 to make all agricultural products fairly and
accurately labeled with a minimum percentage of Hawaiian products and
country or region of origin so the consumer knows exactly what they are
buying from the front label.
JUSTIFICATION: Milk products require 90%of the product to be produced in Hawaii
before the name of"Island Fresh"may be allowed on the label. However,
other Hawaiian products,coffee,tea,vanilla, and macadamia nuts
products are allowed to have as low as 10%Hawaiian product and be
labeled with a Hawaiian regional name and the word,"blend". This is
discriminatory,disadvantages the growers,confuses the consumer,
degrades our Hawaiian products,and makes a mockery of the regional
quality of our products. Additionally,HRS 486 specifically and in
numerous sections,prohibits unfair or misleading the consumer,or
misrepresents the origin of the product. HRS 486-110 specifically states
"measure of any commodity for sale reflects accurate information and fair
measurement practices to all concerned". Section 486 needs to be
amended to protect the growers and consumers.
Page . B . NC) .
A BILL FOR AN ACT
RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR
REGION OF ORIGIN LABELING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Hawai`i Revised Statutes,Chapter 486, Measurement Standards,Part V,
Measurement Standards,Uniform Packaging and Labeling is amended to add a new section
486-120.7 to read as follows:
"$486-120.7 Agricultural product branding and country or region of origin labeling.
(a) All agricultural products grown,packaged, or sold in Hawaii shall conform to the
following conditions:
Honey,macadamia nuts,coffee,tea,vanilla,and any other plant or animal products for
which any information or name indicating"Hawai`i","Hawaiian", or any region of
Hawai`i,and where the product is less than 100%grown in Hawaii,shall after the word
"Contains:"list on the front label the country or region of origin and the percentage of
each country's or region's portion of the product in descending order of percentage and in
font size at least equal to one-half the size of the largest font on the front label. (Spices
are exempted unless spice is the major portion of the product.)
(b) All agricultural products claiming to be 100%grown in Hawai`i shall be labeled to
conform to the following condition:
(1) A minimum of 100%Hawai`i-gown product shall be included in the package for
the front label to say,with or without Hawaiian okinas,in a font size at least equal
to one-half the size of the largest font:
"100%Hawaii(product)"or"Hawai`i(product)"
"100%Hawaii-Grown(product)"or"Hawai`i-Grown(product)";
"100%Grown in Hawaii";
"100%Hawaii-Made(product)" or"Hawai`i-Made(product)";
"100%Hawaiian-Made(product)"or"Hawaiian-Made(product)";
"100%Made in Hawai`i"-, or
"100%Hawaiian(product)" or"Hawaiian(product)".
(2) Spices are exempted unless spice is the major portion of the product.
(c) All agricultural products claiming to be 100%grown in a single Hawaiian region shall be
labeled to conform to the following conditions:
(1) A minimum of 100%of the Hawaiian regionally-grown product shall be included
in the package for the front label to say,with or without Hawaiian okinas,in a
font size at least equal to one-half the size of the largest font:
(A) Regional names:
"100%(Region) (product)" or"(Region)(product)";
"100%(Region)-Grown(product)"or"(Region)-Grown(product)";
"100%(Region)-Made(product)"or "(Region)-Made(product)";or
"100%(Region) (product)".
(B) In the case of a blend that contains 100%products from multiple Hawaiian
islands:
"100%Hawaiian Islands (product)Blend"or"100%Hawaii i Islands
(product)Blend".
(2) Spices are exempted unless spice is the major portion of the product.
jd) All packaging and labeling for products claiming to contain some but less than 100%
Hawai`i-grown product shall conform to the following conditions:
(1) A blended plant or animal product labeled with the words "Hawai`i""Hawaiian"
or the name of any Hawaiian region(e.g. "75%Kona Coffee Blend") shall:
(A) Contain a minimum of 75%of that named region's agricultural or animal
product,and shall use the word"Blend"in the identification of the
product;
(B) List the percentage number of the majority portion of the product(e.g.
"75%(region)(product)"); and
(C) List after the word"Contains:"in descending order,and after the majority
content,the remainder of the product by percentage and country or
Hawaiian region of origin,with or without okinas,for example:
"15%Argentina(product)"and"10%Congo(product)";
"15%Argentina(product)"and"10%Maui(product)";or
"25%Mau`i and Kauai(product)"(The bulk listing of percentages shall
be allowed for Hawaiian regions only); and
(D) The labeling required in(1),(2),and(3)above shall be printed on the
front label in a font size at least equal to one-half the size of the largest
font on the front label.
(2) Any blended product that contains less than 75%of a Hawaiian product shall not
use the names"Hawai`i""Hawaiian"or any Hawaiian regional name on the front
label,except in the contents list which shall identify on the front label the
countries or geographic regions of origin for the entire product with the
percentage for each country's or region's portion of the product in a font size at
least equal to one-half the size of the largest font on the front label."
SECTION 2. Nothing stated on side or back labels on any product subject to this section
shall be inconsistent with statements appearing on the front label.
SECTION 3. To the extent the provisions of this section are inconsistent with the
labeling requirements of FIRS Sections 486-120.5,486-120.6,or 486-119,or any other statutory
section,the provisions of this section shall apply.
SECTION 4. New material is underscored. In printing this ordinance,the underscoring
need not be included.
SECTION S. The effective date of this ACT shall be 18 months from the date the
legislation is passed by the State Legislature. The passage of this ACT shall begin the 18-month
time period for the effective date to take effect.
INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO INCREASED GALLONAGE TAX ON
LIQUOR.
PURPOSE: To increase gallonage tax on liquor by 30%,collect and transfer
this additional revenue to the respective counties, and partially
reimburse counties for cost of handling crashes and crash fatalities
involving driving under the influence of an intoxicant.
MEANS: Amend HRS Chapter 244D-4 to increase the gallonage tax on
liquor by 30%.
JUSTIFICATION: The high rate of crashes and crash fatalities involving driving
under the influence of an intoxicant(alcohol),and the cost of
resolving the crash and fatalities falls on the counties which
justifies an increase in gallonage tax for liquor. Gallonage tax on
liquor has not increased since 1998 while the Consumer Price
Index has increased more than 35%in the same period of time.
Resolving the crash involves police,fire,EMS,traffic division to
clear the wreckage,and prosecution of the case in each county.
These costs could be partially covered by an increase in gallonage
tax for liquor.
THE .B.NO.
TWENTY- LEGISLATURE,2011
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO GALLONAGE TAX ON LIQUOR
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 244D-4,Hawaii Revised Statutes,is amended to read as follows:
"§244D-4 Tax; limitations. (a) Every person who sells or uses any liquor in the State not
taxable under this chapter,in respect of the transaction by which the person or the person's
vendor acquired the liquor,shall pay a gallonage tax which is hereby imposed at the following
rates for the various liquor categories defined in section 244D-1:
For the period July 1, 1997,to June 30, 1998,the tax rate shall be:
(1) $5.92 per wine gallon on distilled spirits;
(2) $2.09 per wine gallon on sparkling wine;
(3) $1.36 per wine gallon on still wine;
(4) $0.84 per wine gallon on cooler beverages;
(5) $0.92 per wine gallon on beer other than draft beer;
(6) $0.53 per wine gallon on draft beer;
[On] For the period July 1, 1998, [and-theme] to June 30,2013,the tax rate shall be:
(1) $5.98 per wine gallon on distilled spirits;
(2) $2.12 per wine gallon on sparkling wine;
(3) $1.38 per wine gallon on still wine;
(4) $0.85 per wine gallon on cooler beverages;
(5) $0.93 per wine gallon on beer other than draft beer;
(6) $0.54 per wine gallon on draft beer;
On July 1,2013,and thereafter,the tax rate shall be:
(1) $6.03 per wine gallon on distilled spirits;
(2) $2.17 per wine gallon on sparkling wine;
(3) $1.43 per wine gallon on still wine;
(4) $0.90 per wine gallon on cooler beverages;
(5) $0.98 per wine gallon on beer other than draft beer;
(6) $0.59 per wine gallon on draft beer;
and at a proportionate rate for any other quantity so sold or used.
al Beginning July 1,2013,the increase in the gallonage tax shall begin and the
additional thirty percent per gallon collected shall be reimbursed to each county by the amount of
additional gallonage tax collected from that county;however,fines on the increased tax revenue
shall be retained by the State of Hawai`i to compensate it for the expense of collection. Tax
revenues from this Act shall be kept by the respective counties in a special fund,and be
accounted for as a separate line item in their respective budgets.
The tax collected for the period July 1,2013 and thereafter as set forth under
subparagraph(a)above shall only be used to pay for Police,Fire,Emergency Medical Services,
road clean-up,prosecution,and may also be used for training,the purchase of any equipment
deemed necessary by the respective county departments,education and public service
announcements utilized to reduce driving while under the influence of an intoxicant.
[(b)} (d) The tax levied pursuant to subsection(a) shall be paid only once upon the same
liquor; provided further that the tax shall not apply to:
(1) Liquor held for sale by a permittee but not yet sold;
(2) Liquor sold by one permittee to another permittee;
(3) Liquor which under the Constitution and laws of the United States cannot be
legally subjected to the tax imposed by this chapter so long as and to the extent to
which the State is without power to impose the tax;
(4) Liquor sold for sacramental purposes or the use of liquor for sacramental
purposes,or any liquor imported pursuant to section 281-33; and
(5) Alcohol sold pursuant to section 281-37 to a person holding a purchase permit or
prescription therefor,or any sale or use of alcohol,so purchased, for other than
beverage purposes."
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM
PURPOSE: To include county representation on the membership of the Board
of Trustees of the Employees' Retirement System.
MEANS: Amending Section 88-24, Hawaii Revised Statutes
JUSTIFICATION: Currently, the counties do not have any representation on the
Board of Trustees of the Employees' Retirement System. Lack of
representation may result in a situation where board members do
not fully consider the costs of the actions on the counties, resulting
in changes that may not be cost beneficial in the aggregate or may
affect the income of county employees and retirees.
County representation will ensure that the board possesses
expertise about county finances and the county workforce in
making benefit 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.
Paget
• 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 shall
4 consist of [cight] ten members as follows:
5 (1) The director of finance of the State, ex officio;
6 (2) [Four] Five members of the system, (t-we] 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; [and]
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 . Na.
1 to serve for a term of six years each, one of the
2 terms to expire January 1 of each odd-numbered
3 year [-] ; 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 to
7 the advice and consent of the senate in the same
8 manner as trustees appointed by the governor, to serve
9 for a term of six years, with each term to expire on
10 January 1 of an odd-numbered year. The counties shall
11 be responsible for all necessary expenses, including
12 travel, board, and lodging expenses, and any other
13 costs, incurred in the performance of the member' s
14 duties.
15 Each trustee shall serve until the trustee' s successor is
16 elected or appointed, as the case may be, and qualified. For
17 the purpose of this section, the term "general employees"
18 includes police officers and firefighters. "
19 SECTION 3. Statutory material to be repealed is bracketed
20 and stricken. New statutory material is underscored.
Page4 . B . NO.
1 SECTION 4 . This Act shall take effect on July 1, 2030.
2
3 INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: H.B. No. 175, H.D. 2 RELATING TO THE EMPLOYER-UNION
HEALTH BENEFITS TRUST FUND
PURPOSE: To require that one of the five seats on the Board of Trustees of the
Hawaii Employer-Union Health Benefits Trust Fund allocated to
public employers be occupied by a member appointed by the
mayors of all four counties and approved by the Hawaii State
Association of Counties.
MEANS: Amending Section 87A-5, Hawaii Revised Statutes
JUSTIFICATION: The counties contribute a substantial amount to the Hawaii
employer-union health benefits trust fund (EUTF) and the health
and well-being of their employees and retirees depend on the
benefit decisions made by the board of trustees. The counties
need to have at least one member on the EUTF board to provide
fiscal expertise and knowledge of county finances and the county
workplace
HOUSE OF REPRESENTATIVES H . B. w 'O. 175
TWENTY-SIXTH LEGISLATURE,2011 �v H.D.2
STATE OF HAWAII
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. That
16 member will provide fiscal expertise and knowledge of county
17 finances and the county workplace. This requirement will enable
HB175 HD2 HMS 207.1-2672
11 ® EXHIBIT A
Paget H . B . w .D. 2
1 the effect of proposed benefit changes on the county's workplace
2 and 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 "587A-5 Composition of board. The board of trustees of
6 the employer-union health benefits trust fund shall consist of
7 ten trustees appointed [by the governor] 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 (Al 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
HB175 HD2 HMS 2011-2672
11111111 ' '
Page H . B. NO. H D.2
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 (—) , four
6 of whom shall be appointed by the governor, and one of
7 whom shall be appointed by unanimous agreement of the
8 mayors of each of the four counties and approved by
9 the Hawaii State Association of Counties to represent
10 the city and county of Honolulu and the counties of
11 Hawaii, Maui, and Kauai; provided that if the counties
12 do not make an appointment within sixty days, the
13 governor may fill the vacancy.
14 Section 26-34 shall not apply to board member selection and
15 terms. Notwithstanding any other provision of this section, no
16 exclusive representative of a bargaining unit that sponsors or
17 participates in a voluntary employee beneficiary association
18 shall be eligible to select nominees or to be represented by a
19 trustee on the board.
20 As used in this section, the term "exclusive
21 representative" shall have the same meaning as in section 89-2. "
H8175 HD2 HMS 2011-2672
Page 4 NO V H D.2
SECTION 3. Statutory material to be repealed is bracketed
2 and stricken. New statutory material is underscored.
3 SECTION 4. This Act shall take effect on July 1, 2030.
HB175 HD2 EMS 2011-2672
I
Page s HB. NO. 'N.D.2
•
Report Titles
HSAC Package; Employer-Union Health Benefits Trust Fund;
Counties
Description:
Requires one member of the Employer-Union Health Benefits Trust
Fund board of trustees to be appointed by agreement of the
mayors of the four counties and approved by the Hawaii State
Association of Counties. Authorizes the governor to fill the
vacancy should it not be filled within sixty days. Effective
July 1, 2030. (HB175 HD2)
The summary description of legislation appearing on this page is for informational purposes only and Is
not legislation or evidence of legislative Intent.
HB175 HD2 HMS 2011-2672
I 1
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO ADULT RESIDENTIAL CARE HOMES
PURPOSE: To require publication of notice and a public hearing for Type II
residential care home applications.
MEANS: Adding a new section to Chapter 321, Hawaii Revised Statutes
JUSTIFICATION: There have been many complaints from residents that Type II care
homes in residential areas create significant negative impacts such
as creating traffic, using on-street parking spaces and producing
disruptive levels of noise.
Amending the Department of Health licensing procedures to
provide adequate notice and to require a public hearing would allow
residents who may be affected by a Type II care home to express
their concerns to the Department of Health so that their concerns
can be considered before a license for a Type II care home is
issued.
. B . NO .
A BILL FOR AN ACT
RELATING TO ADULT RESIDENTIAL CARE HOMES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Chapter 321, Hawaii Revised Statutes, is
2 amended by adding a new section to be appropriately designated
3 and to read as follows:
4 "S321- Type II adult residential care homes; license
5 application; notice to public; informational hearing; notice to
6 county. (a) Upon submitting an application for a license, each
7 facility proposing to operate as a type II adult residential
8 care home in a residential area shall publish notice of its
9 application for a license in a newspaper of general circulation
10 in the county in which the facility is proposed to be located.
11 (b) The department shall hold an informational hearing
12 regarding the license application in the district, as defined in
13 section 4-1, in which the proposed facility is to be located.
14 (c) If the proposed facility is also concurrently applying
15 for a county permit for the proposed facility, the applicant for
16 a license shall notify the department of its county permit
17 application. The department shall then notify the relevant
Page 2 . B . NO.
1 county of the date and venue of the department's informational
2 hearing and invite the county' s attendance at the hearing. "
3 SECTION 2 . New statutory material is underscored.
4 SECTION 3. This Act shall take effect upon its approval.
5
INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO COLLECTIVE BARGAINING
PURPOSE: To create a new bargaining unit for water safety officers employed
by the state or counties
MEANS: Amending Sections 89-6(a) and 89-11(a), Hawaii Revised Statutes,
requiring a report to the legislature identifying workers and
corresponding classes of work appropriate for the newly created
bargaining unit.
JUSTIFICATION: Currently, water safety officers are represented by bargaining units
designated for secretaries and clerks. Water safety officers have
specific needs and issues that are unique from white collar
positions. A new bargaining unit could provide proper collective
bargaining representation exclusively for water safety officers.
. B . NO.
A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THN;LEGISLATURE OF TAE STATE OF HAWAII:
1 SECTION 1. Section 89-6, Hawaii Revised Statutes, is
2 amended as follows:
3 1. By amending subsection (a) to read:
4 " (a) All employees throughout the State within any of the
5 following categories shall constitute an appropriate bargaining
6 unit:
7 (1) Nonsupervisory employees in blue collar positions;
8 (2) Supervisory employees in blue collar positions;
9 (3) Nonsupervisory employees in white collar positions;
10 (4) Supervisory employees in white collar positions;
11 (5) Teachers and other personnel of the department of
12 education under the same pay schedule, including
13 part-time employees working less than twenty hours a
14 week who are equal to one-half of a full-time
15 equivalent;
16 (6) Educational officers and other personnel of the
17 department of education under the same pay schedule;
Paget B . NCB.
_____
1 (7) Faculty of the University of Hawaii and the community
2 college system;
3 (8) Personnel of the University of Hawaii and the
4 community college system, other than faculty;
5 (9) Registered professional nurses;
6 (10) Institutional, health, and correctional workers;
7 (11) Firefighters;
8 (12) Police officers; [ate]
9 (13) Professional and scientific employees, who cannot be
10 included in any of the other bargaining units [—] ; and
11 (14) Water safety officers employed by the State or
12 counties. "
13 2. By amending subsection (d) to read:
14 " (d) For the purpose of negotiating a collective
15 bargaining agreement, the public employer of an appropriate
16 bargaining unit shall mean the governor together with the
17 following employers:
18 (1) For bargaining units (1) , (2) , (3) , (4) , (9) , (10) ,
19 and (13) , the governor shall have six votes and the
20 mayors, the chief justice, and the Hawaii health
21 systems corporation board shall each have one vote if
22 they have employees in the particular bargaining unit;
Page . B . i\Jc .•
1 (2) For bargaining units (11) [�] , (12) , and (14) , the
2 governor shall have four votes and the mayors shall
3 each have one vote;
4 (3) For bargaining units (5) and (6) , the governor shall
5 have three votes, the board of education shall have
6 two votes, and the superintendent of education shall
7 have one vote;
8 (4) For bargaining units (7) and (8) , the governor shall
9 have three votes, the board of regents of the
10 University of Hawaii shall have two votes, and the
11 president of the University of Hawaii shall have one
12 vote.
13 Any decision to be reached by the applicable employer group
14 shall be on the basis of simple majority, except when a
15 bargaining unit includes county employees from more than one
16 county. In such case, the simple majority shall include at
17 least one county. "
18 SECTION 2. Section B9-11, Hawaii Revised Statutes, is
19 amended by amending subsection (e) to read as follows:
20 " (e) If an impasse exists between a public employer and
21 the exclusive representative of bargaining unit (2) , supervisory
22 employees in blue collar positions; bargaining unit (3) ,
Page . B . NO•
1 nonsupervisory employees in white collar positions; bargaining
2 unit (4) , supervisory employees in white collar positions;
3 bargaining unit (6) , educational officers and other personnel of
4 the department of education under the same salary schedule;
5 bargaining unit (8) , personnel of the University of Hawaii and
6 the community college system, other than faculty; bargaining
7 unit (9) , registered professional nurses; bargaining unit (10) ,
8 institutional, health, and correctional workers; bargaining unit
9 (11) , firefighters; bargaining unit (12) , police officers; [er]
10 bargaining unit (13) , professional and scientific employees [,,—] ;
11 or bargaining unit (14) , water safety officers employed by the
12 State or counties, the board shall assist in the resolution of
13 the impasse as follows:
14 (1) Mediation. During the first twenty days after the
15 date of impasse, the board shall immediately appoint a
16 mediator, representative of the public from a list of
17 qualified persons maintained by the board, to assist
18 the parties in a voluntary resolution of the impasse.
19 (2) Arbitration. If the impasse continues twenty days
20 after the date of impasse, the board shall immediately
21 notify the employer and the exclusive representative
22 that the impasse shall be submitted to a three-member
Pages . B . NO .
_____
1 arbitration panel who shall follow the arbitration
2 procedure provided herein.
3 (A) Arbitration panel. Two members of the arbitration
4 panel shall be selected by the parties; one shall
5 be selected by the employer and one shall be
6 selected by the exclusive representative. The
7 neutral third member of the arbitration panel,
8 who shall chair the arbitration panel, shall be
9 selected by mutual agreement of the parties. In
10 the event that the parties fail to select the
11 neutral third member of the arbitration panel
12 within thirty days from the date of impasse, the
13 board shall request the American Arbitration
14 Association, or its successor in function, to
15 furnish a list of five qualified arbitrators from
16 which the neutral arbitrator shall be selected.
17 Within five days after receipt of such list, the
18 parties shall alternately strike names from the
19 list until a single name is left, who shall be
20 immediately appointed by the board as the neutral
21 arbitrator and chairperson of the arbitration
22 panel.
Page6 . B . NO.
_____
1 (B) Final positions. Upon the selection and
2 appointment of the arbitration panel, each party
3 shall submit to the panel, in writing, with copy
4 to the other party, a final position which shall
5 include all provisions in any existing collective
6 bargaining agreement not being modified, all
7 provisions already agreed to in negotiations, and
8 all further provisions which each party is
9 proposing for inclusion in the final agreement.
10 (C) Arbitration hearing. Within one hundred twenty
11 days of its appointment, the arbitration panel
12 shall commence a hearing at which time the
13 parties may submit either in writing or through
14 oral testimony, all information or data
15 supporting their respective final positions. The
16 arbitrator, or the chairperson of the arbitration
17 panel together with the other two members, are
18 encouraged to assist the parties in a voluntary
19 resolution of the impasse through mediation, to
20 the extent practicable throughout the entire
21 arbitration period until the date the panel is
22 required to issue its arbitration decision.
Pagel B . N 0.
1 (D) Arbitration decision. Within thirty days after
2 the conclusion of the hearing, a majority of the
3 arbitration panel shall reach a decision pursuant
4 to subsection (f) on all provisions that each
5 party proposed in its respective final position
6 for inclusion in the final agreement and transmit
7 a preliminary draft of its decision to the
8 parties. The parties shall review the
9 preliminary draft for completeness, technical
10 correctness, and clarity and may mutually submit
11 to the panel any desired changes or adjustments
12 that shall be incorporated in the final draft of
13 its decision. Within fifteen days after the
14 transmittal of the preliminary draft, a majority
15 of the arbitration panel shall issue the
16 arbitration decision. "
17 SECTION 3. The employers and public sector unions shall
18 meet and consult to submit to the legislature, no later than
19 twenty days prior to the convening of the 2013 regular session,
20 a report identifying all those workers and corresponding classes
21 of work that would meet the definition of and be migrated over
22 to the newly created bargaining unit (14) , water safety officers
Page B • I\ic .
1 employed by the State or counties, established under this Act.
2 The report to the legislature shall include any and all
3 statutory amendments required to formalize the creation,
4 establishment, and migration of employees to the new bargaining
5 unit without loss of accrued benefits, seniority, and wages.
6 SECTION 4 . Statutory material to be repealed is bracketed
7 and stricken. New statutory material is underscored.
8 SECTION 5. This Act shall take effect upon its approval;
9 provided that the newly established bargaining unit (14) shall
10 take effect no later than July 1, 2013.
11
12 INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO LIABILITY
PURPOSE: To provide the counties with liability protection for natural conditions
on or near public beach parks
MEANS: Amending Act 82, Session Laws of Hawaii (SLH) 2003, as
amended by Section 3 of Act 81, SLH 2009; Act 82, SLH 2003, as
amended by Section 5 of Act 152, SLH 2007, and as further
amended by Section 3 of Act 81, SLH 2009; Act 170, SLH 2002, as
amended by Section 4 of Act 152, SLH 2007, and as further
amended by Section 2 of Act 81, SLH 2009.
JUSTIFICATION: In 2003, the state legislature enacted Act 82, Session Laws of
Hawaii 2003, which provided the state and county governments
with protection from liability arising from dangerous natural
conditions at improved public lands if adequate warning signs are
erected notifying the public of the dangers of these conditions. Act
82 excluded public beach parks from the definition of"improved
public lands.
Act 81, Session Laws of Hawaii 2009, extended the sunset date
from June 30, 2010 to June 30, 2014 for Act 82, Session Laws of
Hawaii 2003, and for Act 170, Session Laws of Hawaii 2002, which
provided liability protection for county lifeguard services on the
beach or in the ocean. It is in the best interest of the counties to
have the sunset date for Acts 82 and 170 repealed so the counties
can be assured that the counties and the counties' lifeguards have
adequate protections from liability.
. B • NO.
A BILL FOR AN ACT
RELATING TO LIABILITY.
BE IT ENACTED BY TILE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Act 82, Session Laws of Hawaii 2003, as amended
2 by section 3 of Act 81, Session Laws of Hawaii 2009, is amended
3 by amending the definition of "improved public lands" to read ,as
4 follows:
5 ""Improved public lands" means lands designated as part of
6 the state park system, parks, and parkways under chapter 184, or
7 as part of a county' s park system, and lands which are part of
8 the Hawaii statewide trail and access system under chapter 198D,
9 excluding buildings and structures constructed upon such lands.
10 For purposes of this part, "improved public lands" excludes the
11 ocean and submerged lands [, and furthcr cncludcs any public
12 = - =- - _ . . -- -- = -- - _ - ' • -
13 as amcndcd by Act 101, Session Laws of Hawaii 1999) . "
14 SECTION 2 . Act 82, Session Laws of Hawaii 2003, as amended
15 section 5 of Act 152, Session Laws of Hawaii 2007, and as
16 further amended by section 3 of Act 81, Session Laws of Hawaii
Paget r B . N O
1 2009, is further amended by amending section B to read as
2 follows:
3 "SECTION B. This Act shall take effect on July 1,
4 2003 [, and shall be repealed on June 30, 2014] ."
5 SECTION 3. Act 170, Session Laws of Hawaii 2002, as
6 amended by section 4 of Act 152, Session Laws of Hawaii 2007,
7 and as further amended by section 2 of Act 81 Session Laws of
8 Hawaii 2009, is further amended by amending section 5 to read as
9 follows:
10 "SECTION 5. This Act shall take effect upon its
11 approval[a provided that ocction 1 of the Act shall be
12 repealed o June 30, 201'1) . "
13 SECTION 4 . Statutory material to be repealed is bracketed
14 and stricken.
15 SECTION 5. This Act shall take effect upon its approval.
16
17 INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: URGING THE UNITED STATES GOVERNMENT TO REIMBURSE
THE CITY AND COUNTY OF HONOLULU, HAWAII, COUNTY,
KAUAI COUNTY AND MAUI COUNTY, FOR ALL COSTS
RELATING TO THE ASIA PACIFIC ECONOMIC COOPERATION
LEADERS MEETING.
PURPOSE: To urge the U.S. government to reimburse the counties for all costs
relating to the Asia Pacific Economic Cooperation Leaders Meeting
(APEC).
JUSTIFICATION The City and County of Honolulu budgeted a total of over$37
million to cover expenses relating to the Asia Pacific Economic
Cooperation Leaders Meeting (APEC), held in Honolulu from
November 7 to 13, 2011, including increased expenses for police,
fire and emergency services. It is anticipated that the other
counties also incurred expenses relating to APEC. Since the
United States government will get significant benefits from APEC,
the United States should reimburse the counties for the expenses
relating to APEC.
H .C. R. NO.
HOUSE CONCURRENT
RESOLUTION
URGING THE UNITED STATES GOVERNMENT TO REIMBURSE THE CITY AND
COUNTY OF HONOLULU, HAWAII COUNTY, KAUAI COUNTY AND MAUI
COUNTY, FOR ALL COSTS RELATING TO THE ASIA PACIFIC ECONOMIC
COOPERATION LEADERS MEETING.
1 WHEREAS,the Asia Pacific Economic Cooperation Leaders Meeting (APEC)will
2 be held in Honolulu from November 7 to 13, 2011; and
3
4 WHEREAS, President Barack Obama will be joined in Honolulu by 20 other
5 heads of state from Pacific Rim nations to address issues of economic growth, trade,
6 and investment; and
7
8 WHEREAS, up to 20,000 international delegates are expected in Honolulu for
9 APEC to do business, including finance ministers, diplomats, policy-makers, and top
10 CEOs; and
11
12 WHEREAS, the policies and agreements made at APEC will significantly benefit
13 the United States government and the participants at APEC; and
14
15 WHEREAS, the City and County of Honolulu has budgeted a total of over$37
16 million to cover expenses relating to APEC including increased expenses for police,fire
17 and emergency services; and
18
19 WHEREAS, it is anticipated that the other counties will also incur expenses
20 relating to APEC; and
21
22 WHEREAS, since the United States government will get significant benefits from
23 APEC, the United States should reimburse the counties for the expenses relating to
24 APEC; now, therefore,
25
26 BE IT RESOLVED by the House of Representatives of the Twenty-sixth
27 Legislature of the State of Hawaii, Regular Session 2012,the Senate concurring, that
28 the Hawaii State Legislature urges the United States government to reimburse the
29 counties for all APEC related expenditures; and
Paget
1-I . C . R. NO.
1 BE IT RESOLVED by the House of Representatives, the Senate concurring, that
2 the Governor is urged to encourage the United States government to reimburse the
3 counties for all APEC related expenditures; and
4
5 BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
6 Governor, the President of the State Senate, and the Speaker of the House of
7 Representatives.
OFFERED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: URGING THE UNITED STATES DEPARTMENT OF STATE,THE
DEPARTMENT OF HOMELAND SECURITY, AND THE UNITED
STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS
FOR THE PEOPLE'S REPUBLIC OF CHINA.
PURPOSE: To urge the U.S. Department of State, the Department of Homeland
Security, and the U.S. Attorney General to ease visa restrictions for
the People's Republic of China.
JUSTIFICATION: The People's Republic of China, with its 1.3 billion people,
represents a very large and lucrative pool of visitors.
The visa application and approval process for Chinese business
and tourist travelers is an arduous and often lengthy process which
deters many potential visitors to Hawaii and the United States. One
solution to ease this problem is for a country to be admitted to the
U.S. State Department's Visa Waiver Program, which allows
nationals from foreign countries to enter the United States for
tourism- or business-related purposes for as long as 90 days
without obtaining a visa.
H .C. R. NO.
HOUSE CONCURRENT
RESOLUTION
URGING THE UNITED STATES DEPARTMENT OF STATE, THE DEPARTMENT OF
HOMELAND SECURITY, AND THE UNITED STATES ATTORNEY GENERAL
TO EASE VISA RESTRICTIONS FOR THE PEOPLE' S REPUBLIC OF
CHINA.
1 WHEREAS, China and her people have long been a part of the
2 economy and culture of Hawaii since the first Chinese sugar
3 plantation laborers arrived in the islands in 1852; and
4
5 WHEREAS, the first one hundred seventy-five laborers were
6 from Hong Kong bound for Maui-most of them from depression-torn
7 Guangdong and Fujian in southern China; and
8
9 WHEREAS, from 1852 to 1876, nearly 4, 000 Chinese laborers
10 migrated to Hawaii; and by 1882, these huagiao or migrants made
11 up almost 49 percent of plantation labor, outnumbering
12 Caucasians in the islands; and
13
14 WHEREAS, the progeny of these humble but determined Chinese
15 immigrants rose quickly through the ranks of Hawaii' s
16 educational, political, and business communities, and would
17 leave lasting impacts on Hawaii and even the world—the most
18 famous of whom is referred to as "The Forerunner of the
19 Revolution, " Dr. Sun Yat-sen; and
20
21 WHEREAS, Dr. Sun' s education at Iolani School and Oahu
22 College inspired him to develop the vision of an educated,
23 strong, and democratic, modern-day China that he would dedicate
24 the rest of his life to building, and would later say that
25 Hawaii was where he "came to know what modern, civilized
26 governments are like and what they mean"; and
27
28 WHEREAS, Dr. Sun established the first Chinese
29 revolutionary party, called Xing Zhong Hui or Revive China
Page 2
H . C. R. NO.
1 Society, and returned to Hawaii five more times at which time
2 many Hawaii families contributed financially to his cause; and
3
4 WHEREAS, the Counties of Hawaii Sister-Cities Summit held
5 in Honolulu on September 13-15, 2011 highlighted the
6 inextricable and historic ties between China and Hawaii with a
7 particular emphasis on strengthening our relationships with
8 Honolulu' s sister cities of Zhongshan, Haikou, Qinhuangdao, and
9 Chengdu; and
10
11 WHEREAS, the summit demonstrated that China will continue
12 to embrace our open door policy and fortified our understanding
13 of each other' s needs in the areas of cultural exchange,
14 economic development, trade, tourism, and education; and
15
16 WHEREAS, recently, members of Hawaii' s business and
17 government communities welcomed 271 passengers at Honolulu
18 International Airport from China Eastern Airlines' inaugural
19 direct flight from Shanghai, heralding a new era for Honolulu's
20 economic growth and forging closer ties between the United
21 States and China; and
22
23 WHEREAS, the Hawaii Tourism Authority estimates that we
24 will receive over 91, 000 Chinese guests in 2011, a 37% increase;
25 and
26
27 WHEREAS, the People' s Republic of China, with its 1.3
28 billion people, represents a very large and lucrative pool of
29 visitors, as the average Chinese tourist to Hawaii is expected
30 to spend about $368 per day, compared to $275 daily for every
31 Japanese tourist and just $178 per day, on average, for all
32 tourists to Hawaii; and
33
34 WHEREAS, tourism dollars have been identified by the United
35 States Department of Commerce as an export, and President Barack
36 Obama's National Export Initiative of May 2010 seeks to double
37 U.S. exports by 2015; and
38
39 WHEREAS, China has transformed itself from an impoverished
40 country to the world' s second largest economy, and as it grows,
41 continues to have an impact on Hawaii and the globe; and
42
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H . C■ ■R
. NO.
1 WHEREAS, China is now a major trade partner with the United
2 States and force for stability and peace in Asia, and has become
3 a world leader in the auto market and the world' s largest
4 producer of energy; and
5
6 WHEREAS, in spite of the reciprocity between China and
7 Hawaii, the visa application and approval process for Chinese
8 business and tourist travelers is an arduous and often lengthy
9 process which deters many potential visitors to Hawaii and the
10 United States; and
11
12 WHEREAS, a Chinese citizen who wishes to visit the United
13 States must appear in person before a U.S. consulate official to
14 obtain the visa but there are only five U.S. consulates in the
15 entire People' s Republic of China; and
16
17 WHEREAS, due to the small number of consulates and staff to
18 handle the in-person interviews necessary for entry visas, the
19 average wait times for those interviews in China far exceed
20 those wait times in other countries; and
21
22 WHEREAS, one solution to ease this problem is for a country
23 to be admitted to the U. S. State Department' s Visa Waiver
24 Program, which allows nationals from foreign countries to enter
25 the United States for tourism- or business-related purposes for
26 as long as 90 days without obtaining a visa; and
27
28 WHEREAS, both Japan and South Korea qualify for visa
29 waivers; and
30
31 WHEREAS, when South Korea became one of the 36 countries in
32 the State Department's Visa Waiver Program in November of 2008,
33 it boosted tourism to Hawaii from that country; and
34
35 WHEREAS, in order for a country to qualify for the Visa
36 Waiver Program, the country must satisfy certain conditions,
37 with the United States government retaining the ultimate
38 discretion to admit the country to the program; and
39
40 WHEREAS, one condition for entry into the waiver program is
41 the rate of refusal of a country' s visa applicants which must be
42 three percent or lower; and
43
Page 4
H ■((/\.' . R ■ .N
O■
1 WHEREAS, the refusal rate for Chinese visa applicants was
2 13. 3 percent as of last year; and
3
4 WHEREAS, the Travel and Tourism Advisory Board, a newly
5 created industry group appointed by the U. S. Secretary of
6 Commerce, recommended measures that can be taken to increase
7 travel to the U.S. from China, which include: (1) raising the
8 visa refusal rate from three to 10 percent; (2) establishing a
9 maximum wait time for in-person visa interviews of five days;
10 (3) adding four to six visa processing locations and several
11 hundred consulate officers to process visas; and (4) allowing
12 non-immigrant visas to last 10 years for Chinese visitors, which
13 is permitted in other countries; now, therefore
14
15 BE IT RESOLVED by the House of Representatives of the
16 Twenty-sixth Legislature of the State of Hawaii, Regular Session
17 of 2012, the Senate concurring, that it urges the United States
18 Department of State, the Department of Homeland Security, and
19 the United States Attorney General to include the People' s
20 Republic of China in the Visa Waiver Program and support the
21 recommendations of the Travel and Tourism Advisory Board to ease
22 visa restrictions and the visa application and approval process
23 for business and tourist travelers from the People's Republic of
24 China; and
25
Page 5
H . C. R.
1 BE IT FINALLY RESOLVED that copies of this Resolution be
2 transmitted to the Honorable Hillary Clinton, Secretary of the
3 U.S. Department of State; Secretary Janet Napolitano, Secretary
4 of the Department of Homeland Security; U.S. Attorney General
5 Eric H. Holder Jr. ; Secretary Rebecca Blank, Acting Secretary,
6 U.S. Department of Commerce; China' s Ambassador to the United
7 States, 2201 Wisconsin Avenue, N.W. , Suite 110, Washington, D.C.
8 20007; the members of Hawaii' s Congressional delegation; the
9 Hawaii Tourism Authority; the Director of the Hawaii State
10 Department of Business, Economic Development and Tourism; the
11 Asian American Institute, 4753 North Broadway, Suite 904,
12 Chicago, Illinois 60640; the Organization of Chinese Americans,
13 1322 18th Street, NW, Washington, D.C. 20036-1803; and the
14 President of the Hawaii State Association of Counties and the
15 Mayors of the counties of Kauai, Hawaii, Honolulu, and Maui.
16
OFFERED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: URGING THE LEGISLATURE OF THE STATE OF HAWAII TO
PROVIDE FUNDING FOR ANY ACTIVITIES MANDATED TO ANY
OF THE COUNTIES BY THE STATE OF HAWAII.
PURPOSE: To urge the legislature to provide funding for any activities
mandated to any of the counties by the State of Hawaii
JUSTIFICATION: Article VIII, Section 5 of the Hawaii State Constitution requires that
if any new program or increase in the level of service under an
existing program shall be mandated to any of the political
subdivisions by the legislature, it shall provide that the State shall
share in the cost.
The counties seek assurances that unfunded mandates will not be
enacted by the Hawaii State Legislature in the future.
A 4
H .C. R. NO.
2
3
4 HOUSE CONCURRENT
5 RESOLUTION
6
7
8 URGING THE LEGISLATURE OF THE STATE OF HAWAII TO PROVIDE FUNDING •
9 FOR ANY ACTIVITIES MANDATED TO ANY OF THE COUNTIES BY THE
10 STATE OF HAWAII.
11
12
13
14 WHEREAS, Article VIII, Section 5 of the Hawaii State Constitution requires that if
15 any new program or increase in the level of service under an existing program shall be
16 mandated to any of the political subdivisions by the legislature,the State shall share in
17 the cost; and
18
19 WHEREAS, there are instances where the Hawaii State legislature has not
20 provided adequate funding for State mandated programs; and
21
22 WHEREAS, one example of this is Act 56 (2008), which was enacted by the
23 Hawaii State Legislature and approved by the Governor; and
24
25 WHEREAS, Act 56 (2008) states that the counties shall enforce Chapters 286
26 (Highway Safety) and 291 C(Statewide Traffic Code)on public streets, roads, or
27 highways whose ownership is in dispute between the State and the counties; and
28
29 WHEREAS, the State Attorney General and the Corporation Counsel of the City
30 and County of Honolulu both provided testimony expressing the concern that the law
31 does not provide funding to the counties for the expansion of their current program of
32 highway safety and traffic code enforcement and that such an unfunded mandate may
33 be result in a violation of Article VIII, Section 5 of the Hawaii State Constitution; and
34
35 WHEREAS, Act 56 (2008)was enacted without funding from the Hawaii State
36 Legislature for the counties' expansion of their program of highway safety and traffic
37 code enforcement; and
38
t / •
H . C. R.
7 WHEREAS, the counties seek assurances that this type of unfunded mandate
2 will not be enacted by the Hawaii State Legislature in the future; now,therefore,
3
4 BE IT RESOLVED by the House of Representatives of the Twenty-sixth
5 Legislature of the State of Hawaii, Regular Session of 2012, the Senate concurring, that
6 the Legislature of the State of Hawaii are urged to follow the constitutional requirement
7 that if any new program or increase in the level of service under an existing program
8 shall be mandated to any of the political subdivisions by the legislature, the legislature
9 shall provide that the State share in the cost; and
10
11 BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
12 President of the Hawaii State Association of Counties and the Mayors of the counties of
13 Kauai, Hawaii, Honolulu, and Maui.
14
15
16
17
18 OFFERED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: URGING THE GOVERNOR AND THE LEGISLATURE OF THE
STATE OF HAWAII TO PRESERVE THE COUNTIES' SHARE OF
THE TRANSIENT ACCOMMODATIONS TAX.
PURPOSE: To urge the Governor and legislature to maintain the counties'
share of the transient accommodations tax.
JUSTIFICATION: Transient accommodations tax revenues account for a significant
portion of the counties' general fund budgets. The state legislature
has previously considered suspending the counties'allocation of
the transient accommodations tax to balance the state budget and
may again consider doing so for the 2013 fiscal year.
Maintaining the current allocation of the transient accommodations
tax would allow the counties to continue providing essential
government services to visitors and residents without significantly
raising property taxes.
• ?
H . RUNO.
HOUSE RESOLUTION
URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII
TO PRESERVE THE COUNTIES ' SHARE OF THE TRANSIENT
ACCOMMODATIONS TAX.
1 WHEREAS, the transient accommodations tax is a tax levied
2 by the state on the proceeds derived from furnishing transient
3 accommodations; and
4
5 WHEREAS, in the 1990 legislative session, the Hawaii state
6 legislature enacted Act 185 which gave the counties a share of
7 the transient accommodations tax; and
8
9 WHEREAS, according to Conference Committee Report 207, the
10 purpose of Act 185 was to provide a more equitable method of
11 sharing state revenues with the counties rather than continuing
12 with the system existing at the time whereby the counties
13 requested financial assistance through grants in aid from the
14 state; and
15
16 WHEREAS, the county share of the tax also provides more
17 stability to county finances and enables improved budgeting and
18 planning; and
19
20 WHEREAS, currently, 44 .8% of the total transient
21 accommodations tax collected by the state is distributed to the
22 counties; of this amount, the revenue is allocated as follows:
23
24 Kauai County - 14 . 5%
25 Hawaii County - 18 . 6%
26 City and County of Honolulu - 44 . 1%
27 Maui County - 22 . 8%
28 100. 0%
29
30 and
31
1 WHEREAS, the transient accommodations tax revenues account
2 for a significant portion of the counties' general fund budgets;
3 and
4
5 WHEREAS, maintaining the current allocation of the
6 transient accommodations tax would allow the counties to
7 continue providing essential government services to visitors and
8 residents; and
9
10 WHEREAS, losing the current allocation of the transient
11 accommodations tax would require counties to significantly raise
12 property taxes; now, therefore,
13
14 BE IT RESOLVED by the House of Representatives of the
15 Twenty-seventh Legislature of the State of Hawaii, Regular
16 Session 2012, that the Governor and the Legislature are urged to
17 preserve the counties' share of the transient accommodations
18 tax; and
19
20 BE IT FURTHER RESOLVED that certified copies of this
21 Resolution be transmitted to the Governor, the Senate President,
22 and the Speaker of the House.
23
24
25 OFFERED BY:
DOMINIC YAGONG .•'�JM`v cs. FRED BLAS
Chairperson ,, \Ale BRENDA FORD
:.:6-:.'L,:,0:.: PETE HOFFMANN
K.Angel Pilago - DONALD IKEDA
Vice Chair ..,�.r ..�.qw.'.... DENNIS "FRESH"ONISHI
.,,,?t os.M►.'�-
BRITTANY SMART
J YOSHIMOTO
HAWAII COUNTY COUNCIL
County of Hawai`i
Hawaii County Building
25 Aupuni Street
Hilo, Hawai`i 96720
November 21, 2011
Dominic Yagong, Chairperson
Hawaii County Council
25 Aupuni Street
Hilo, Hawai`i 96720
Communication No. 480 : COMMUNICATION REQUESTING CONSIDERATION AND
APPROVAL OF TEN PROPOSED BILLS FOR AN ACT AND FOUR RESOLUTIONS IN
THE 2012 HSAC 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 Committee on Governmental Relations 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
Committee on Governmental Relations for placement on its future agenda.
Sincerely,
K. Angel Pila_o Chair
Committee on Governmental Relations
App ved/Date/Waive to Council: Disapproved/Date/Refer to GRC
I
k,-,\"..)(J '•—■-
Dominic Yagong, Chat.- o Dominic Yagong, Chairperson
Hawaii County Coun• Hawai`i County Council
KAP/jks
Serving the Interests of the People of Our Island
Hawai`i County Is an Equal Opportunity Provider And Employer