HomeMy WebLinkAboutCOM 0483.000 2010-2012 K. Angel Pilago -„ \ �l ie; Phone No.: (808)323-4280
Vice Chair : .: �':�•„ �/, ;.: Fax No.: (808)329-4786
District 8—North Kona E-Mail: apilago @co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai`i c-)
West Hawai'i Civic Center
Building A -Council O X=
74-5044 Ane Keohokalole Highway
Kailua-Kona,Hawaii 96740 IV
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MEMORANDUM
DATE: November 10, 2011
TO: Dominic Yagong, Council Chair, and Council Members
FROM: K. Angel Pilago, Vice Chair District 8 " i
SUBJECT: November 3, 2011 HSAC Executive Meeting Re ort
Attached for Hawaii County's review and discussion are:
1) November 3, 2011 Meeting Report by K. Angel Pilago, dated 11/10/11
2) November 3, 2011 HSAC Executive Committee Meeting AGENDA & ATTACHMENTS:
I would like to request that this matter be scheduled on the next Governmental Relations
Committee meeting.
If there are any questions please call me or my staff at (808)323-4280.
Thank you,
xc: Jeanette Aiello, Committee Services
KAP/jks
Comm. No. L t 3
Ref. To: C-7 .
Ref. Dote NOV 2 3 2011
Hawai`i County Is An Equal Opportunity Provider And Employer
K. Angel Pilago �`•Y of N ,' Phone No.: (808)323-4280
Vice Chair ; .� � Fax No.: (808)329-4786
District 8—North Kona . ='" �' E-Mail: apilago@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawai`i
West Hawaii Civic Center O C
Building A -Council
74-5044 Ane Keohokalole Highway
Kailua-Kona, Hawaii 96740 -11
a �r
DATE: November 10, 2011 '1
TO: Dominic Yagong, Council Chair, and Council Members
FROM: K. Angel Pilago,Vice Chair District 8
SUBJECT: Report of November 3, 2011 HSAC Execu ve a eeting
Aloha Chair Yagong,
Attached are the HSAC Executive Meeting Agenda and attachments for Thursday, November 3,
2011; which was held at Honolulu Hale Council Chambers. Executive Committee members
present were: President Mel Rapozo of Kaua`i; Vice-Present Angel Pilago of Hawaii; Treasurer
Joseph Pontanilla of Maui; Secretary Stanley Change of Oahu.
IV. B. County Reports
1. Maui-Pontanilla: a. Investigative group reporting to Council 11/4/11 on disparity
between Residential and Ag. and b. reduce homeowners exemption from $300k to
$200k.
2. Hawaii-Pilago: a. State Attorney-General opinion that County Councils have
authority to amend the Building Code. b. Department of Commerce & Consumer
Affairs Public Cable discussing franchises and Counties able to have monies to
continue public outreach.
3. Honolulu-Chang: a. APEC update; b. Kapolei & industrial parks; c. sewage sludge
processing alternatives.
4. Kauai-Rapozo: a. Real Property Tax reform issues; b. Solar "Farms" on Ag lands at
industrial rates.
V. Unfinished Business
A. Proposed Bill from Hawaii County relating to Definition of Indigency withdrawn
due to opposition to proposal because of a. lack of Public Defender input, b. will add
new layer and increase government bureaucracy, c. unable to manage-operate
VI. New Business
A. Amendment to HSAC Operating Budget passed for FY 2012.
B. Discussed and approved June 21 & 22, 2012 for HSAC Annual Meeting dates.
Hawai`i County Is An Equal Opportunity Provider And Employer
Dominic Yagong, Council Chair and Council Members
November 10
Page 2 of 2
C. C&C of Honolulu proposals to 2012 HSAC Legislative Package: a. Bills-1 was
amended, all 5 were approved; b. Resolutions- 3 were amended, all 4 were approved.
VII. A. Next meeting scheduled for Friday, December 23, 2011 at Honolulu Hale.
If there are any questions please call me or my staff at (808)323-4280.
Thank you,
xc: Jeanette Aiello, Committee Services
KAP/jks
Hawaii State Association of Counties (HSAC)
Counties of Kauai, Maui, Hawaii & City & County of Honolulu
AGENDA
HSAC EXECUTIVE COMMITTEE MEETING
Thursday, November 3, 2011 at 10:00 a.m.
Honolulu Hale, Council Chambers (3rd Floor)
Honolulu, Hawai`i
I. CALL TO ORDER
II. APPROVAL OF AGENDA
III. MINUTES
A. Minutes of the October 28, 2011 Special HSAC Executive Committee
Meeting.
IV. REPORTS
A. Treasurer's Report
1. Treasurer's Report for the month of August 2011, submitted by the
HSAC Treasurer.
2. Treasurer's Report for the month of September 2011, submitted by
the HSAC Treasurer.
B. County Reports
1. County of Maui Report
2. County of Hawai`i Report
3. City and County of Honolulu Report
4. County of Kaua`i Report
V. UNFINISHED BUSINESS
A. Communication (dated October 17, 2011) from Council Vice Chair K.
Angel Pilago, County of Hawai`i, transmitting a proposed draft bill and
justification sheet relating to the definition of indigent and partially
indigent for inclusion in the 2012 HSAC Legislative Package.
VI. NEW BUSINESS
A. Communication (dated September 27, 2011) from HSAC Treasurer Joseph
Pontanilla, transmitting proposed amendments to the Fiscal Year 2012
HSAC Annual Operating Budget.
B. Discussion and approval of proposed 2012 HSAC Annual Meeting dates.
C. Discussion and approval of the City and County of Honolulu's proposals to
be included into the 2012 HSAC Legislative Package:
1. A BILL FOR AN ACT RELATING TO THE EMPLOYEES'
RETIREMENT SYSTEM (provides the Counties with
representation on the Board of Trustees of the Employees'
Retirement System);
2. A BILL FOR AN ACT RELATING TO THE EMPLOYER-UNION
HEALTH BENEFITS TRUST FUND (H.B. NO. 175, H.D. 2 (2011));
3. A BILL FOR AN ACT RELATING TO ADULT RESIDENTIAL
CARE HOMES (requires publication of notice and holding a public
hearing for applications for a Type II Residential Care Home);
4. 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;
5. A BILL FOR AN ACT RELATING TO COLLECTIVE
BARGAINING (creates a new bargaining unit for water safety
officers employed by the State or Counties);
6. 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;
7. A BILL FOR AN ACT RELATING TO LIABILITY (provides the
Counties with liability protection for natural conditions on or near
public beach parks);
8. HOUSE CONCURRENT 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;
9. SENATE AND HOUSE RESOLUTION URGING THE
GOVERNOR AND THE LEGISLATURE OF THE STATE OF
HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE
TRANSIENT ACCOMMODATIONS TAX.
VII. ANNOUNCEMENTS
A. Schedule next meeting
B. Other announcements
VIII. ADJOURNMENT
, .
..,
Hawaii State Association of Counties
Counties of Kauai,Maui and Hawaii.City&County of Honolulu
L . ....ate'"?::t7: 11440
MINUTES
SPECIAL HSAC EXECUTIVE COMMITTEE MEETING
October 28, 2011
Honolulu Hale, Council Chambers (31d Floor)
Honolulu, Hawaii
I. CALL TO ORDER
The HSAC Executive Committee was called to order by President Mel Rapozo at
10:05 a.m. The following members comprised a quorum:
County of Kauai: President Met Rapozo
County of Hawaii: Vice President K. Angel Pilago
City and County of Honolulu: Secretary Stanley Chang
County of Maui: Treasurer Joseph Pontanilla
Others Present: Honolulu Councilmember Ikaika Anderson
Honolulu staff Laura Figuera
Honolulu staff Kekoa McClellan
'Honolulu staff Andrew Sekine
Kauai staff Ashley Bunda
Maui staff Kirstin Hamman
II. APPROVAL OF AGENDA
Vice President Pilago made a motion seconded by Treasurer Pontanilla to delete
agenda item V.A.2. ("A Bill for an Act Relating to the Labeling of Genetically
Engineered Crops"). The motion was approved. The Committee approved the
agenda as amended.
ill. MINUTES
The Committee approved the minutes of the October 6, 2011, HSAC Executive
Committee meeting.
ell
OCS/103111./03:04/CT
IV. HSAC 2012 LEGISLATIVE PACKAGE
A. Labeling of Genetically Engineered Food
(Letter dated September 8, 2011 from K. Angel Pilago, Vice Chair of the
Hawaii County Council to Mel Rapozo, President of the HSAC Executive
Committee, transmitting a proposed draft bill relating to the labeling of
genetically engineered whole food and justification sheet; and requesting
approval of the draft bill for inclusion in the HSAC legislative proposals.)
(Communication dated October 10, 2011, from County Clerk Jeffrey T.
Kuwada, County of Maui, transmitting copies of Resolution No. 11-104,
Resolution No. 11-105, and Resolution No. 11-106 which were adopted by
the Council of the County of Maui at its October 7, 2011 meeting.)
Vice Chair Pilago stated that the Hawaii County's proposed bill is truth-in-
labeling legislation; it does not take a position for or against genetically
modified products.
After discussion, Vice Chair Pilago withdrew Hawaii County's proposed
draft bill relating to the labeling of genetically engineered whole food and
justification sheet in favor of Maui County's proposed draft bill on the same
subject.
The Committee voted to approve Maui County's proposed draft bill for the
2012 HSAC Legislative Package.
B. Electronic Waste Recycling
(Letter dated September 8, 2011 from K. Angel Pilago, Vice Chair of the
Hawaii County Council, to Mel Rapozo, President of the HSAC Executive
Committee, transmitting a proposed Resolution Requesting the State
Legislature to Adopt House Bill 1521 (HB 1521) Relating to an
Amendment to Chapter 339, Hawaii Revised Statutes, Regarding
Electronic Waste Recycling for approval and to submit the resolution for
the 2012 Legislative Session.)
The Committee voted to approve an HSAC Resolution Requesting the
State Legislature to Adopt House Bill 1521 (HB 1 521) Relating to an
Amendment to Chapter 339, Hawaii Revised Statutes, Regarding
Electronic Waste Recycling.
C. Transient Accommodations Tax
(Communication dated September 30, 2011, from County Clerk
Jamae K. K. Kawauchi, County of Hawaii, transmitting copies of
2
Resolution No. 123-11 and Resolution No. 139-11 which were adopted by
the Council of the County of Hawaii at its September 21, 2011 meeting.)
After discussion, Vice Chair Pilago withdrew Hawaii County's proposal
relating to the transient accommodations tax in favor of the Honolulu
Council's proposal on the same subject. See HSAC Executive Committee
meeting November 3, 2011, agenda item VI.C.9.
D. Traffic Fines
(Communication dated October 10, 2011, from County Clerk Jeffrey T.
Kuwada, County of Maui, transmitting copies of Resolution No. 11-104,
Resolution No. 11-105, and Resolution No. 11-106 which were adopted by
the Council of the County of Maui at its October 7, 2011 meeting.)
Treasurer Pontanilla stated that this proposal would require the State to
transmit to the county a percentage of fines collected for uncontested
traffic infractions committed in that county.
The Committee voted to approve this item for the 2012 HSAC Legislative
Package.
E. Review of HRS 201 H Projects
(Communication dated October 10, 2011, from County Clerk Jeffrey T.
Kuwada, County of Maui, transmitting copies of Resolution No. 11-104,
Resolution No. 11-105, and Resolution No. 11-106 which were adopted by
the Council of the County of Maui at its October 7, 2011 meeting.)
Treasurer Pontanilla stated that this proposal would increase the amount
of time county councils have to review HRS 201 H projects from 45 to 60
days.
The Committee voted to approve this item for the 2012 HSAC Legislative
Package.
F. Agricultural Product Branding and Country or Region of Origin Labeling
(Communication dated October 17, 2011, from Council Vice Chair
K. Angel Pilago, County of Hawaii, transmitting a proposed draft bill and
justification sheet relating to agricultural product branding and country or
region of origin labeling for inclusion in the 2012 HSAC Legislative
Package.)
Vice Chair Pilago stated that this proposal relates to branding agricultural
products and labeling with the country or region of origin.
3
The Committee voted to approve this item for the 2012 HSAC Legislative
Package.
G. Gallonage Tax on Liquor
(Communication dated October 17, 2011, from Council Vice Chair
K. Angel Pi!ago, County of Hawaii, transmitting a proposed draft bill and
justification sheet relating to gallonage tax on liquor for inclusion in the
2012 HSAC Legislative Package.)
Vice Chair Pi!ago stated that this proposal would increase the gallonage
tax on liquor and transfer the additional revenue to the counties.
The Committee voted to approve this item for the 2012 HSAC Legislative
Package.
H. Definition of Indigency
(Communication dated October 17, 2011, from Council Vice Chair
K. Angel Pi!ago, County of Hawaii, transmitting a proposed draft bill and
justification sheet relating to the definition of indigent and partially indigent
for inclusion in the 2012 HSAC Legislative Package.)
Vice Chair Pi!ago stated that this proposal relates to the definition of
"indigent" and "partially indigent."
The Committee voted to defer this item until the November 3, 2011, HSAC
Executive Committee meeting.
Exemption for Sewer Connection
(Communication dated October 17, 2011, from Council Vice Chair
K. Angel Pilago, County of Hawaii, transmitting a proposed resolution
which was approved by the Council of the County of Hawaii at its October
19, 2011 meeting regarding exemption for sewer connection to be
included in the 2012 HSAC Legislative Package.)
Vice Chair Pilago stated that this proposal would request the Department
of Health to amend its administrative rules to allow up to a 10-year
exemption period before connection to a sewer system.
Honolulu staff Sekine commented that the proposal in its present form
does not seem to be appropriate for inclusion in the HSAC Legislative
Package.
4
The Committee voted to approve this item as an HSAC resolution
separate from the legislative package.
V. ANNOUNCEMENTS
A. Schedule next meeting.
The Executive Committee will meet on November 3, 2011 at Honolulu
Hale.
VI. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:40 p.m,
Very truly yours,
4A-07
STANLEY CHANG
Secretary
Hawaii State Association of Counties
•
5
Hawaii State Association of Counties (HSAC)
Counties of Kauai, Honolulu, Maui, & Hawaii
September 20,2011
HSAC President and
Members;of the Executive Committee
\.r aF
Der ' t ;n,`; • ,.
SUBJECT: THE S b >•, ° )PORT FOR AUGUST 2011
Attached please find Wei the Association's revenues and expenses for the
period August 1,2011,through August 31,2011. .;y;
- �f .
JOSEPH PONTANILLA,•c , „,
HSAC Treasurer
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i pet*:hsac: 201.'.21R:1 s_CI fly
3371-A Wilcox Road,1.1hu`e,Kauai,Hawaii 96766,(808) 241-4188
Hawaii State Association of Counties
REVENUES COLLECTED AND EXPENSES PAID
Period: August 1, 2011 through August 31, 2011
BEGINNING BALANCE $100,295.84
Current period FY 2012 FY 2012
August Year to Date Budget
REVENUES
Membership Fees $32,760.00 $32,760.00 $43,680.00
Conference Income $0.00 $0.00 $10,000.00
Interest Income $3.15 $5.75 $32.00
Miscellaneous $0.00 $0.00 $0.00
Fund Balance, prior FY $0.00 $0.00 $80,742.00
Total $32,763.15 $32,765.75 $134,454.00
Total Receipts This Period $32,763.15
EXPENSES
Executive Committee
Travel $0.00 $1,484.40 $9,000.00
Auditing Services $0.00 $0.00 $4,500.00
Stationery $0.00 $0.00 $150.00
Miscellaneous $36.75 $110.89 $1,100.00
Special Committees
Travel $0.00 $0.00 $500.00
Miscellaneous $0.00 $0.00 $100.00
NACo
Travel-Board $0.00 $0.00 $10,800.00
Travel-Steering Committees $0.00 $0.00 $4,800.00
Promotional $0.00 $36.00 $250.00
Dues $0.00. $0.00 $27,268.00
Miscellaneous $25.40 $229.70 $1,000.00
WIR
Travel $0.00 $0.00 $7,200.00
Promotional $0.00 $0.00 $250.00
Dues $0.00 $0.00 $3,804.00
Miscellaneous $0.00 $0.00 $1,000.00
Adjustments for Travel and Related
Expenses $0.00 $0.00 $12,732.00
National Conference Fund $0.00 $0.00 $50,000.00
Conferences $0.00 $0.00 $0.00
Total $62.15 $1,860.99 $134,454.00
Total Expenses This Period $62.15
ENDING BALANCE $132,996.84
ocs:proj:hsac:FY2012:12tr:1108trkmh
Hawaii State Association of Counties (HSAC)
Counties of Kauai, Honolulu, Maui, & Hawai E L.Ems'1 v
'11 MT 20 A11 :34
October 18, 2011
THE COUNTY•Ii.r.�... ;ir
COUNTY SF
HSAC President and
MembersAof the Executive Committee
Dear Pre-Sident:
SUBJECT: TREASUREW$REPORT FOR SEPTEMBER 2011
Attached please find a report:bf the Association's revenues and expenses for the
period September 1, 2011,through September 30,20,l.J.—.,,�
S ip l ce ',. er,
IN\ •i °tom: /
JOSEPH PONTANILLA, <-fk -��
HSAC Treasurer
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lAtachmetg +V z :
Tics prof hsac m.2012 tr 13091tr &fih
itn,:laSP-414:t01.67i
•
3371-A Wilcox Road,Lrhu`e,Kauai,Hawaii 96766,(808)241-4188
Hawaii State Association of Counties
REVENUES COLLECTED AND EXPENSES PAID
Period: September 1, 2011 through September 30, 2011
BEGINNING BALANCE $132,996.84
Current period FY 2012 FY 2012
September Year to Date Budget
REVENUES
Membership Fees $10,920.00 $43,680.00 $43,680.00
Conference Income $0.00 $0.00 $10,000.00
Interest Income $3.22 $8.97 $32.00
Miscellaneous $0.00 $0.00 $0.00
Fund Balance, prior FY $0.00 $0.00 $80,742.00
Total $10,923.22 $43,688.97 $134,454.00
Total Receipts This Period $10,923.22
EXPENSES
Executive Committee
Travel $945.96 $2,430.36 $9,000.00
Auditing Services $84.37 $84.37 $4,500.00
Stationery $0.00 $0.00 $150.00
Miscellaneous $56.02 $166.91 $1,100.00
Special Committees
Travel $0.00 $0.00 $500.00
Miscellaneous $0.00 $0.00 $100.00
NACo
Travel-Board $444.80 $444.80 $10,800.00
Travel-Steering Committees . $0.00 $0.00 $4,800.00
Promotional $0.00 $36.00 $250.00
Dues $0.00 $0.00 $27,268.00
Miscellaneous $5,000.00 $5,229.70 $1,000.00
WIR
Travel $0.00 $0.00 $7,200.00
Promotional $0.00 $0.00 $250.00
Dues $0.00 $0.00 $3,804.00
Miscellaneous $0.00 $0.00 $1,000.00
Adjustments for Travel and
Related Expenses $0.00 $0.00 $12,732.00
National Conference Fund $0.00 $0.00 $50,000.00
Conferences $0.00 $0.00 $0.00
Total $6,531.15 $8,392.14 $134,454.00
Total Expenses This Period $6,531.15
ENDING BALANCE $137,388.91
ocs:proj:hsac:FY2012:tr:1109tr:kmh
Hawai`i State Association of Counties (HSAC)
Counties of Kauai, Honolulu, Maui, & as D
September 27,2011
11 OCT -3 A10 :15
President Mel Rapozo and
Executive Committee Members OFF{brjy u
THE COU1
Dear President Rapozo: COUNTY 0`r K AtJ
SUBJECT: PROPOSED AMENDMENT TO THE FISCAL YEAR
(FY)2012 ANNUAL OPERATING BUDGET
At its meeting of S ptembe. , 2011;»the HSAC Executive Committee agreed to
donate $'5,000;to,.the Pacific Gateway',Centerin support of the 2011 Counties of Hawaii:
Sister-Cities Summit. The FY 202^Budget does not provide for this donation.
Therefore, attached please find proposed amend .eho the FY 2012 Budget.
The proposed amendments are as follows:
i
(1) An increase of $5,000 in the line item:, th t d. executive Committee
Miscellaneous"to recognize the donation; and µ ' 'r
(2)A corresponding reduction of$5,000 in the line item entitled"Adjustine is for
Travel ar1d..Relaled Expenses" to ensure that the expenses are equal to projected
rey0.4es t ;
j. .rya"� Y �-+ ,,.A•r i S
'Thank yo u for your attchi ibh to this matter. k '•
t 1
Sincerely yours,
f: y
!41 JOSE H PONTANILLA
' err HSAC Treasurer
Attachment
ocs:pro j:hsac:FY20 12:121tr:12proposedbudgetamend:kmh
3371-A Wilcox Road,Lihu`e,Kauai,Hawaii 96766, (808) 241-4188
NSAC FISCAL YEAR(FY)2012 PROPOSED BUDGET AMENDMENT
FY2012 FY 2012
Budget
Budget Amendment
REVENUES
1. Membership Fees $43,680 $43,680
2. Conference Income $10,000 $10,000
3. Interest Income $32 $32
4. Corporate Sponsorship $0 $0
Total Revenues $53,712 $53,712
Fund Balance, prior FY $80,742 $80,742
TOTAL REVENUES AND FUND BALANCE $134,454 $134,454
EXPENSES
1. Executive Committee Travel $9,000 $9,000
2. Executive Committee Auditing/Professional Services $4,500 $4,500
3. Executive Committee Stationery $150 $150
4. Executive Committee Miscellaneous $1,100 $6,100
1. Special Committee Travel $500 $500
2. Special Committee Miscellaneous $100 $100
1. NACo Travel-Board $10,800 $10,800
2. NACo Travel-Steering Committees $4,800 $4,800
3. NACo Promotional $250 $250
4. NACo Dues $27,268 $27,268
5. NACo Miscellaneous $1,000 $1,000
1. WIR Travel $7,200 $7,200
2. WIR Promotional $250 $250
3. WIR Dues $3,804 $3,804
4. WIR Miscellaneous $1,000 $1,000
1. Adjustments for Travel and Related Expenses $12,732 $7,732
2. National Conference Fund $50,000 $50,000
3. Conferences
TOTAL EXPENDITURES $134,454 $134,454
BALANCE $0 $0
ocs:prof:hsac:FY2012:12 mist:l2budg etamend:kmh
(.,,, , CITY COUNCIL 11-321
_7 ;- CITY AND COUNTY OF HONOLULU No
, HONOLULU,HAWAII
RESOLUTION
APPROVING FOR INCLUSION IN THE 2012 HAWAII STATE ASSOCIATION OF
COUNTIES ("HSAC") LEGISLATIVE PACKAGE A PROPOSAL THAT PROVIDES THE
COUNTIES WITH REPRESENTATION ON THE BOARD OF TRUSTEES OF THE
EMPLOYEES' RETIREMENT SYSTEM OF THE STATE.
WHEREAS, the counties of Honolulu, Kauai, Maui and Hawaii ("counties")
contribute a considerable share to the employees' retirement system of the State and
their employees and retirees are a significant portion of the system's membership; and
WHEREAS, currently, the counties do not have any representation on the board
of trustees of the employees' retirement system of the State; and
WHEREAS, 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; and
WHEREAS, county representation will ensure that the board possess expertise
about county finances and the county workforce in making benefit decisions; and
WHEREAS, it is in the best interest of the counties to have representation on the
board of trustees of the employees' retirement system of the State; and
WHEREAS, the unanimous approval of the county councils is necessary for
inclusion of a proposal in the HSAC legislative package; now, therefore,
BE IT RESOLVED that the Council of the City and County of Honolulu approves
for inclusion in the 2012 HSAC legislative package a proposal, attached as Exhibit A,
that would provide county representation on the board of trustees of the employees'
retirement system of the State; and
0CS1102611101:01/HM 1
1 re, CITY COUNCIL i1_32
CITY AND COUNTY OF HONOLULU No
rr HONOLULU, HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
President of the Hawaii State Association of Counties and the Mayors of the counties of
Kauai, Hawaii, Honolulu and Maui.
INTRODUCED BY:
_4247-gier-
DATE OF INTRODUCTION:
OCT 2bLU11
Honolulu, Hawaii Councilmembers
2
EXHIBIT A
■ 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 [eight] ten members as follows:
5 (1) The director of finance of the State, ex officio;
6 (2) [Four] Five members of the system, (two) 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- J
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 e NO.
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 . rs1c .
1 SECTION 4 . This Act shall take effect on July 1, 2030.
2
3 INTRODUCED BY:
-,;-,-,-?,--4 .., CITY COUNCIL
Q-- � CITY AND COUNTY OF HONOLULU NC 1 `3��
HONOLULU, HAWAII
RESOLUTION
RELATING TO THE INCLUSION IN THE 2012 HAWAII STATE ASSOCIATION OF
COUNTIES LEGISLATIVE PACKAGE OF HOUSE BILL 175, H.D. 2 (2011) RELATING
TO THE EMPLOYER-UNION HEALTH BENEFITS TRUST.
WHEREAS, despite the fact that 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 have no representation on the EUTF board; and
WHEREAS, on January 21, 2011, HB 175, which requires that one of the five
seats on the board 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, was introduced; and
WHEREAS, by the close of the 2011 legislative session, HB 175 was amend to
HB 175, H.D. 2, but was deferred by both the Senate Judiciary and Labor committee
and Public Safety, Government Operations and Military Affairs committee; and
WHEREAS, the Council believes that 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; and
WHEREAS, approval of all counties is required to include a proposal in the 2012
HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2012 HSAC legislative package House Bill 175, H.D. 2
(2011), attached as Exhibit A, which requires that one of the seats on the EUTF board
be appointed by the mayors of all four counties and approved by HSAC; and
OCS/102611/01:18/HM 1
� CITY COUNCIL
F,1- 1 CITY AND COUNTY OF HONOLULU 11 -322
°� � No.
HONOLULU, HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted be
transmitted to the Governor, the President of the State Senate, and the Speaker of the
House of Representatives.
INTRODUCED BY:
DATE OF INTRODUCTION:
OCT 262011
Honolulu, Hawaii Councilmembers
2
HOUSE OF REPRESENTATIVES 175
TWENTY-SIXTH LEGISLATURE, 2011 H . B. NO. 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 2011-2672
1�" ; III " ' 11E1 t: EXHIBIT A
Paget HB. NO. H.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 (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
•
HB175 HD2 HMS 2011-2672
I I '�11 ' � '.i '1111 1I
Page 3
H . B. ■ 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(-7.] , 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. "
HB175 HD2 HMS 2011-2672
Page HB. � H.D
.D. 2
1 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 HMS 2011-2672
i'',11'1;1 '`I l',U1! 111111111111111
Page 5
H . V. NO. H D.2
•
•
Report Title:
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
HEE 1 I ,111;it
ill 11
-0k�, CITY COUNCIL
(:- CITY AND COUNTY OF HONOLULU -323
E NO.
HONOLULU, HAWAII
RESOLUTION
RELATING TO THE INCLUSION IN THE 2012 HAWAII STATE ASSOCIATION OF
COUNTIES LEGISLATIVE PACKAGE A BILL REQUIRING PUBLICATION OF NOTICE
AND HOLDING A PUBLIC HEARING FOR APPLICATIONS FOR A TYPE II
RESIDENTIAL CARE HOME.
WHEREAS, Section 321-15.6 of the Hawaii Revised Statute requires that all care
homes be licensed by the State Director of Health; and
WHEREAS, type (I residential care homes are those care homes with six or more
residents and are a permitted use in residential areas; and
WHEREAS, there have been many complaints from residents that care homes in
residential areas create significant negative impacts such as creating traffic, using on-
street parking spaces and producing disruptive levels of noise; and
WHEREAS, these negative impacts affect residents in all the counties and the
Department of Health's licensing procedure for type II care homes do not consider these
impacts; and
WHEREAS, it is necessary to amend the Department of Health licensing
procedures to provide adequate notice and to require a public hearing to 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; and
WHEREAS, approval of all the counties is required to include a proposal in the
2012 HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2012 HSAC legislative package a bill, similar to the bill
attached as Exhibit A, which requires that the applicant for a type Il care home facility
license publish public notice of its application and the Department of Health hold a
public hearing regarding the application; and
OCS/102611/04:14/HM 1
Fa CITY COUNCIL
k:4:-.” CITY AND COUNTY OF HONOLULU 11-323
HONOLULU,HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted be
transmitted to the Governor, the President of the State Senate, and the Speaker of the
House of Representatives.
INTR• RUC D BY:
DATE OF INTRODUCTION:
OCT 262011
Honolulu, Hawaii Councilmembers
2
EXHIBIT A
. 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 "§321- 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 de.artment 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:
CITY COUNCIL ran
°<t4l: , CITY AND COUNTY OF HONOLULU No 11-324
HONOLULU,HAWAII
RESOLUTION
RELATING TO THE INCLUSION IN THE 2012 HAWAII STATE ASSOCIATION OF
COUNTIES LEGISLATIVE PACKAGE A PROPOSAL URGING THE GOVERNOR AND
THE STATE LEGISLATURE TO ASSIST THE COUNTIES IN OBTAINING
REIMBURSMENT FROM THE UNITED STATES GOVERNMENT FOR ALL COSTS
INCURRED BY THE COUNTIES RELATING TO THE ASIA PACIFIC ECONOMIC
COOPERATION LEADERS MEETING.
WHEREAS, the Asia Pacific Economic Cooperation Leaders Meeting (APEC) will
be held in Honolulu from November 7 to 13, 2011; and
WHEREAS, President Barack Obama will be joined in Honolulu by 20 other
heads of state from Pacific Rim nations to address issues of economic growth, trade,
and investment; and
WHEREAS, up to 20,000 international delegates are expected in Honolulu for
APEC to do business, including finance ministers, diplomats, policy-makers, and top
CEOs; and
WHEREAS, the policies and agreements made at APEC will significantly benefit
the United States government and the participants at APEC; and
WHEREAS, the City and County of Honolulu has budgeted a total of over$37
million to cover expenses relating to APEC including increased expenses for police, fire
and emergency services; and
WHEREAS, it is anticipated that the other counties will also incur expenses
relating to APEC; and
WHEREAS, since the United States government will get significant benefits from
APEC, the United States should reimburse the counties for the expenses relating to
APEC; and
WHEREAS, approval of all counties is required to include a proposal in the 2012
HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it urges
the Hawaii State Legislature to adopt legislation urging the United States government to
reimburse the counties for all APEC related expenditures as set forth in the Resolution
attached hereto as Exhibit A; and
OCS/102611/02:15/HM 1
CITY COUNCIL
��] ,` CITY AND
HONOLULU,COUNTY OF HONOLULU No -324
RESOLUTION
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
Governor, the President of the State Senate, and the Speaker of the House of
Representatives.
INTRODUCED BY:
Manilrftaimill1111.10
I
DATE OF INTRODUCTION:
Honolulu, Hawaii Councilmembers
2
EXHIBIT A
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 Obarna 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:
•
CITY COUNCIL r�
V d_ . '- CITY ANa COUNTY O�HONOLULU 11 -325
r No.
HONOLULU,HAWAII
RESOLUTION
APPROVING FOR INCLUSION IN THE 2012 HAWAII STATE ASSOCIATION OF
COUNTIES ("HSAC") LEGISLATIVE PACKAGE A PROPOSAL THAT CREATES A
NEW BARGAINING UNIT FOR WATER SAFETY OFFICERS EMPLOYED BY THE
STATE OR COUNTIES.
WHEREAS, water safety officers employed by the State and the counties of
Honolulu, Kauai, Maui and Hawaii ("counties") provide a critical service to the residents
of and visitors to the City and County of Honolulu; and
WHEREAS, currently, water safety officers are currently represented by
bargaining units designated for secretaries and clerks; and
WHEREAS, water safety officers have specific needs and issues that are unique
from white collar positions; and
WHEREAS, a new bargaining unit could provide proper collective bargaining
representation exclusively for water safety officers; and
WHEREAS, the unanimous approval of the county councils is necessary for
inclusion of a proposal in the HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2012 HSAC legislative package a proposal, attached as
Exhibit A, that would create a new bargaining unit for water safety officers employed by
the State or counties; and
OCS/102611/03:12/CT 1
, }, CITY COUNCIL
5C4L CITY AND COUNTY OF HONOLULU 11 -325
A No. .
HONOLULU,HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
President of the Hawaii State Association of Counties and the Mayors of the counties of
Kauai, Hawaii, Honolulu and Maui.
INTRO I UCED BY:
DATE OF INTRODUCTION:
OCT26 2011
Honolulu, Hawaii Councilmembers
2
EXHIBIT A
. B . NO.
A. BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE 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;
Page 2
. B • Nth .
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 3 Na,
1 (2) For bargaining units (11) [a*d) , (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 89-11, 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 4
• 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; [ar]
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 . kic' .
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.
Page 6 . B . r\Jc .
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.
Page7
• B . NO .
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 2012 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 8
. B . Nth .
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, 2012.
11
12 INTRODUCED BY:
sii;
CITY COUNCIL
,a, �%`.!; CITY AND COUNTY OF HONOLULU ry
HONOLULU,HAWAII No. i "3L t
RESOLUTION
APPROVING FOR INCLUSION IN THE 2012 HAWAII STATE ASSOCIATION OF
COUNTIES ("HSAC") LEGISLATIVE PACKAGE A PROPOSAL THAT URGES 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.
WHEREAS, China and her people have long been a part of the economy and
culture of Hawaii since the first Chinese sugar plantation laborers arrived in the islands
in 1852; and
WHEREAS, the first one hundred seventy-five laborers were from Hong Kong
bound for Maui–most of them from depression-torn Guangdong and Fujian in southern
China; and
WHEREAS, from 1852 to 1876, nearly 4,000 Chinese laborers migrated to
Hawaii; and by 1882, these huaqiao or migrants made up almost 49 percent of
plantation labor, outnumbering Caucasians in the islands; and
WHEREAS, the progeny of these humble but determined Chinese immigrants
rose quickly through the ranks of Hawaii's educational, political, and business
communities, and would leave lasting impacts on Hawaii and even the world—the most
famous of whom is referred to as"The Forerunner of the Revolution," Dr. Sun Yat-sen;
and
WHEREAS, Dr. Sun's education at lolani School and Oahu College inspired him
to develop the vision of an educated, strong, and democratic, modern-day China that he
would dedicate the rest of his life to building, and would later say that Hawaii was where
he"came to know what modern, civilized governments are like and what they mean";
and
WHEREAS, Dr. Sun established the first Chinese revolutionary party, called Xing
Zhong Hui or Revive China Society, and returned to Hawaii five more times at which
time many Hawaii families contributed financially to his cause; and
WHEREAS, the Counties of Hawaii Sister-Cities Summit held earlier this year in
Honolulu highlighted the inextricable and historic ties between China and Hawaii with a
particular emphasis on strengthening our relationships with Honolulu's sister cities of
Zhongshan, Haikou, Qinhuangdao, and Chengdu; and
OCS/102611/01:04/HM 1
•
CITY COUNCIL
('El) CITY AND COUNTY OF HONOLULU No. 11-r�726
HONOLULU,HAWAII
RESOLUTION
WHEREAS, the summit demonstrated that China will continue to embrace our
open door policy and fortified our understanding of each other's needs in the areas of
cultural exchange, economic development, trade, tourism, and education; and
WHEREAS, recently, members of Hawaii's business and government
communities welcomed 271 passengers at Honolulu International Airport from China
Eastern Airlines' inaugural direct flight from Shanghai, heralding a new era for
Honolulu's economic growth and forging closer ties between the United States and
China; and
WHEREAS, the Hawaii Tourism Authority estimates that we will receive over
91,000 Chinese guests in 2011, a 37% increase; and
WHEREAS, the People's Republic of China,with its 1.3 billion people, represents
a very large and lucrative pool of visitors, as the average Chinese tourist to Hawaii is
expected to spend about$368 per day, compared to $275 daily for every Japanese
tourist and just $178 per day, on average, for all tourists to Hawaii; and
WHEREAS, tourism dollars have been identified by the United States
Department of Commerce as an export, and President Barack Obama's National Export
Initiative of May 2010 seeks to double U.S. exports by 2015; and
WHEREAS, China has transformed itself from an impoverished country to the
world's second largest economy, and as it grows, continues to have an impact on
Hawaii and the globe; and
WHEREAS, China is now a major trade partner with the United States and force
for stability and peace in Asia, and has become a world leader in the auto market and
the world's largest producer of energy; and
WHEREAS, in spite of the reciprocity between China and Hawaii, 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; and
WHEREAS, a Chinese citizen who wishes to visit the United States must appear
in person before a U.S. consulate official to obtain the visa but there are only five U.S.
consulates in the entire People's Republic of China; and
2
CITY COUNCIL
v, {�_- CITY AND COUNTY OF HONOLULU No 11 -326
HONOLULU,HAWAII
RESOLUTION
WHEREAS, due to the small number of consulates and staff to handle the
in-person interviews necessary for entry visas, the average wait times for those
interviews in China far exceed those wait times in other countries; and
WHEREAS, 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; and
WHEREAS, both Japan and South Korea qualify for visa waivers; and
WHEREAS, when South Korea became one of the 36 countries in the State
Department's Visa Waiver Program in November of 2008, it boosted tourism to Hawaii
from that country; and
WHEREAS, in order for a country to qualify for the Visa Waiver Program, the
country must satisfy certain conditions, with the United States government retaining the
ultimate discretion to admit the country to the program; and
WHEREAS, one condition for entry into the waiver program is the rate of refusal
of a country's visa applicants which must be three percent or lower; and
WHEREAS, the refusal rate for Chinese visa applicants was 13.3 percent as of
last year; and
WHEREAS, the Travel and Tourism Advisory Board, a newly created industry
group appointed by the U.S. Secretary of Commerce, recommended measures that
can be taken to increase travel to the U.S. from China, which include: (1) raising the
visa refusal rate from three to 10 percent; (2) establishing a maximum wait time for
in-person visa interviews of five days; (3) adding four to six visa processing locations
and several hundred consulate officers to process visas; and (4) allowing non-immigrant
visas to last 10 years for Chinese visitors, which is permitted in other countries; now,
therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it urges
the United States Department of State, the Department of Homeland Security, and the
United States Attorney General to include the People's Republic of China in the Visa
Waiver Program and support the recommendations of the Travel and Tourism Advisory
Board to ease visa restrictions and the visa application and approval process for
business and tourist travelers from the People's Republic of China; and
3
CITY COUNCIL
v-11)` CITY AND COUNTY OF HONOLULU No 11-326
HONOLULU, HAWAII
RESOLUTION
BE IT FURTHER RESOLVED that it urges the Hawaii State Legislature to
introduce and support the following resolution attached as Exhibit A; and
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
Honorable Hillary Clinton, Secretary of the U.S. Department of State; Secretary Janet
Napolitano, Secretary of the Department of Homeland Security; U.S. Attorney General
Eric H. Holder Jr.; Secretary Rebecca Blank, Acting Secretary, U.S. Department of
Commerce; China's Ambassador to the United States, 2201 Wisconsin Avenue, N.W.,
Suite 110, Washington, D.C. 20007; the members of Hawaii's Congressional
delegation; the Hawaii Tourism Authority; the Director of the Hawaii State Department of
Business, Economic Development and Tourism; the Asian American Institute, 4753
North Broadway, Suite 904, Chicago, Illinois 60640; the Organization of Chinese
Americans, 1322 18th Street, NW, Washington, D.C. 20036-1803; and the President of
the Hawaii State Association of Counties and the Mayors of the counties of Kauai,
Hawaii, Honolulu, and Maui.
INTRODUCED BY:
DATE OF INTRODUCTION:
OCT27 2011
Honolulu, Hawaii Councilmembers
4
EXHIBIT A
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 ?_ H . C• R. NtqIc
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
Page 3
H .C. R. NCB.
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 /`/ .� R NO.
H ■ �/ ■ 1 �,■
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. NO .
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 s
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:
CITY COUNCIL
,��� `,;: CITY AND COUNTY OF HONOLULU 2r^�9{�
"�� - HONOLULU,HAWAII NO. '"'G7
RESOLUTION
APPROVING FOR INCLUSION IN THE 2012 HAWAII STATE ASSOCIATION OF
COUNTIES ("HSAC") LEGISLATIVE PACKAGE A PROPOSAL THAT PROVIDES THE
COUNTIES WITH LIABILITY PROTECTION FOR NATURAL CONDITIONS ON OR
NEAR PUBLIC BEACH PARKS.
WHEREAS, many residents and visitors use Hawaii's public beaches and other
public property for recreational purposes; and
WHEREAS, such use has certain inherent risks which may result in injury to
users and exposure to liability of the government owning the public beaches or other
public property and to county lifeguards who are responsible for keeping beach users
safe; and
WHEREAS, 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; and
WHEREAS, Act 82 excluded public beach parks from the definition of"improved
public lands"; and
WHEREAS, including public beach parks in the definition of"improved public
lands"would be in the best public interest of the counties; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, the unanimous approval of the county councils is necessary for
inclusion of a proposal in the HSAC legislative package; now, therefore,
BE IT RESOLVED that the Council of the City and County of Honolulu approves
for inclusion in the 2012 HSAC legislative package a proposal, attached as Exhibit A,
that would:
OCS/101911/11:22/HM 1
SEDGA,
CITY COUNCIL y r CITY AND COUNTY OF HONOLULU No 11-293
HONOLULU, HAWAII
RESOLUTION
1) Amend the definition of"improved public lands"to include public beach
parks in order to provide the counties with consistent liability protection for
public use of county recreational areas; and
2) Repeal the 2014 sunset date of a state statute that provides the counties
with liability protection for public use of county recreational areas and a
state statute providing liability protection for county lifeguard services on
the beach or in the ocean;
and
BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
President of the Hawaii State Association of Count,
INT- % ioX Y: 3
DATE OF INTRODUCTION:
OCT 19 2011
Honolulu, Hawaii Councilmembers
2
EXHIBIT A
. B . NO.
A BILL FOR AN ACT
RELATING TO LIABILITY.
BE IT ENACTED BY THE 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 (, end further excludes any public
12 beach park falling within Act 1-49, °c^,cion Laws of Hawaii 1996,
13 as amended 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
Page 2
. B . NO.
1 2009, is further amended by amending section 8 to read as
2 follows:
3 "SECTION 8 . This Act shall take effect on July 1,
4 2003 [, a - o _-- -o = - - ' l . "
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 [; provided that section 1 of the Act shall be
12 repealed o June 30, 201t1 . "
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:
CITY COUNCIL
(]r.i CITY AND COUNTY OF HONOLULU 11 -296
HONOLULU,HAWAII No.
RESOLUTION
APPROVING FOR INCLUSION IN THE 2012 HAWAII STATE ASSOCIATION OF
COUNTIES ("HSAC") LEGISLATIVE PACKAGE A PROPOSAL THAT URGES THE
HAWAII STATE LEGISLATURE TO PROVIDE FUNDING FOR ANY ACTIVITIES
MANDATED TO ANY OF THE COUNTIES BY THE STATE OF HAWAII.
WHEREAS, 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; and
WHEREAS, it is counties' understanding that there are instances where the
Hawaii State legislature has not provided adequate funding for State mandated
programs; and
WHEREAS, one example of this is Act 56 (2008), which was enacted by the
Hawaii State Legislator and approved by the Governor; and
WHEREAS, Act 56 (2008) states that the counties shall enforce Chapters 286
(Highway Safety) and 291C (Statewide Traffic Code) on public streets, roads, or
highways whose ownership is in dispute between the State and the counties; and
WHEREAS, the State Attorney General and the Corporation Counsel of the City
and County of Honolulu both provided testimony expressing the concern that the law
does not provide funding to the counties for the expansion of their current program of
highway safety and traffic code enforcement and that such an unfunded mandate may
be result in a violation of Article VIII, Section 5 of the Hawaii State Constitution; and
WHEREAS, it is the counties' understanding that Act 56 (2008) was enacted
without funding from the Hawaii State Legislature for the counties' expansion of their
program of highway safety and traffic code enforcement; and
WHEREAS, the counties seek assurances that this type of unfunded mandate
will not be enacted by the Hawaii State Legislature in the future; now, therefore,
BE IT RESOLVED that the Council of the City and County of Honolulu approves
for inclusion in the 2012 HSAC legislative package a proposal, attached as Exhibit A,
that would urge the Hawaii State Legislature to abide by the Hawaii State Constitution
and follow the constitutional requirement that if any new program or increase in the level
of service under an existing program shall be mandated to any of the political
OCS/101911/02:56/HM 1
$EDGA
m`4,`
CITY COUNCIL
Oil Or CITY AND COUNTY OF HONOLULU No, 11 ---296
HONOLULU, HAWAII
RESOLUTION
subdivisions by the legislature, the legislature shall provide that the State share in the
cost; and
BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
President of the Hawaii State Association of Counties.
INTRODUCED BY: eis...,__
DATE OF INTRODUCTION:
OCT 202011
Honolulu, Hawaii Councilmembers
2
EXHIBIT A
HWCR. ■
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 Legislator 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
H . C. R. NO.
1 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:
•
{ \ , CITY COUNCIL
=fir,
CITY AND COUNTY OF HONOLULU
V <` HONOLULU,HAWAII NO. 11-297
•RESOLUTI ON
RELATING TO THE INCLUSION IN THE 2012 HAWAII STATE ASSOCIATION OF
COUNTIES LEGISLATIVE PACKAGE A PROPOSAL URGING THE GOVERNOR AND
THE STATE LEGISLATURE TO MAINTAIN THE COUNTIES' SHARE OF THE
TRANSIENT ACCOMMODATIONS TAX.
WHEREAS, the transient accommodations tax is a tax levied by the state on the
proceeds derived from furnishing transient accommodations; and
WHEREAS, in the 1990 legislative session, the Hawaii state legislature enacted
Act 185 which gave the counties a share of the transient accommodations tax; and
WHEREAS, according to Conference Committee Report 207, the purpose of Act
185 was to provide a more equitable method of sharing state revenues with the counties
rather than continuing with the system existing at the time whereby the counties
requested financial assistance through grants in aid from the state on a case by case
basis; and
WHEREAS, in Conference Committee Report 207, it was acknowledged that
many of the burdens imposed by tourism fall on the counties including the costs of
providing police and fire protection, maintaining county parks, beaches, water systems,
roads, sewer systems and other tourism related infrastructure; and
WHEREAS, the county share of the tax also provides more stability to county
finances and enables improved budgeting and planning; and
WHEREAS, 44.8% of the total transient accommodations tax collected by the
state is distributed to the counties and allocated as follows:
Kauai County - 14.5%
Hawaii County - 18.6%
City and County of Honolulu - 44.1%
Maui County - 22.8%
and
WHEREAS, the transient accommodations tax revenues account for a significant
portion of the counties' general fund budgets; and
OCS/102011/04:33/CT 1
SEDGA
CITY COUNCIL
CITY AND COUNTY OF HONOLULU No 11 -297
HONOLULU,HAWAII
RESOLUTION
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, approval by all the counties is requested to include a proposal in the
2012 HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2012 HSAC legislative package various resolutions,
attached as Exhibit A, urging the governor and state legislature to maintain the counties'
share of the transient accommodations tax; and
BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
President of the Hawaii State Association of Counties.
INTRODUCED BY:
Atioe=1 €1.7)
DATE OF INTRODUCTION:
OCT 21 2011
Honolulu, Hawaii Councilmembers
2
EXHIBIT A
H . R. NCB.
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
OCS/102011/04:33/CT2
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 the President of the Hawaii State Association of Counties, and
23 the Mayors of the counties of Kauai, Hawaii, Honolulu, and Maui.
24
25
26 OFFERED BY:
S. R. NO.
SENATE 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
OCS/102011/04:33/CT3
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 Senate of the Twenty-seventh
15 Legislature of the State of Hawaii, Regular Session 2012, that
16 the Governor and the Legislature are urged to preserve the
17 counties ' share of the transient accommodations tax; and
18
19 BE IT FURTHER RESOLVED that certified copies of this
20 Resolution be transmitted to the Governor, the Speaker of the
21 House, the President of the Hawaii State Association of
22 Counties, and the Mayors of the counties of Kauai, Hawaii,
23 Honolulu, and Maui.
24
25
26 OFFERED BY:
H . C. R. NO.
HOUSE CONCURRENT
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
OCS/102011/04:33/CT4
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 of 2012, the Senate concurring, that the Governor and
17 the Legislature of the State of Hawaii are urged to preserve the
18 counties'. share of the transient accommodations tax; and
19
20 BE IT FURTHER RESOLVED that certified copies of this
21 Concurrent Resolution be transmitted to the Governor, the
22 President of the Hawaii State Association of Counties, and the
23 Mayors of the counties of Kauai, Hawaii, Honolulu, and Maui.
24
25
26 OFFERED BY:
S . C. R. NCB .
SENATE CONCURRENT
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
0CS/102011/04:33/CT5
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 Senate of the Twenty-seventh
15 Legislature of the State of Hawaii, Regular Session of 2012, the
16 House of Representatives concurring, that the Governor and the
17 Legislature of the State of Hawaii are urged to preserve the
18 counties ' share of the transient accommodations tax; and
19
20 BE IT FURTHER RESOLVED that certified copies of this
21 Concurrent Resolution be transmitted to the Governor, the
22 President of the Hawaii State Association of Counties, and the
23 Mayors of the counties of Kauai, Hawaii, Honolulu, and Maui.
24
25
26 OFFERED BY: