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Home My WebLink AboutCOM 0483.004 2010-2012 K. Angel Pilago Phone No.: (808)323-4280 Vice Chair : .i /t:. ; Fax No.: (808)329-4786 District 8-North Kona •- E-Mail: apilago @co.hawaii.hi.us 'r,�T f oi'i►.'�� . HAWAII COUNTY COUNCIL County of Hawai'I West Hawaii Civic Center Building A -Council 74-5044 Ane Keohokalole Highway Kailua-Kona, Hawai`i 96740 N 7-")c- MEMORANDUM — =' DATE: February 16, 2012 TO: Dominic Yagong, Council Chair, and Council Members - FROM: K. Angel Pilago, Vice Chair District 8 SUBJECT: HSAC Executive Meeting Report Attached for Hawai`i County's review and discussion are: 1) January 13, 2012 HSAC Executive Committee Meeting AGENDA & ATTACHMENTS 2) February 10, 2012 HSAC Executive Committee Meeting AGENDA & ATTACHMENTS I request that this matter be scheduled for 10 minutes on the next Governmental Relations Committee meeting. If there are any questions please call me or my staff at(808)323-4280. Thank you, KAP/jks Comm. tvo. Lf g3. 4 Ref. To: C' 1�. Ref. Date FEB 16 20» Hawai`i County Is An Equal Opportunity Provider And Employer Hawaii State Association of Counties Counties of Kauai,Maui and Hawaii,City&County of Honolulu p-717 t 001 OP • yery w•••4 MINUTES HSAC EXECUTIVE COMMITTEE MEETING January 13, 2012 Honolulu Hale, Council Committee Room Honolulu, Hawaii CALL TO ORDER The HSAC Executive Committee was called to order by President Mel Rapozo at 10:08 a.m. The following members comprised a quorum: County of Kauai: President Mel Rapozo County of Hawaii: Alternate Brittany Smart City and County of Honolulu. Secretary Stanley Chang County of Maui: Treasurer Joseph Pontanilla Others Present: Kauai Alternate KipuKai Kualii Honolulu Councilmember Nestor Garcia Honolulu staff Gavin Kennedy Honolulu staff Kekoa McClellan Maui staff Kirstin Hamman Kauai staff Ashley Bunda II. APPROVAL OF AGENDA The Committee approved the agenda. III. MINUTES The Committee approved the minutes of the December 23, 2011, Executive Committee meeting. IV. REPORTS :•• A. Treasurer's Reports OCS/013012/11:15/YL The following items were approved by the Executive Committee: 1. Treasurer's Report for December 2011, as submitted by the HSAC Treasurer. 2. Draft Audited Financial Statement with independent auditor's report for the fiscal year ending June 30, 2011. 3. HSAC Form 990EZ, as submitted by the HSAC Treasurer. President Rapozo requested that the final Audited Financial Statement include a corrected list of officers for HSAC. B. County Reports 1. Maui County Report. Treasurer Pontanilla informed members that the council is examining property tax disparities and considering ways to address the issue. Maui has recently banned the consumption of alcohol in certain South Maui parks. The council is also reviewing its process in providing grants. 2. Hawaii County Report. Alternate Smart reported that the council is working to adopt a building code. The county has recently been informed by the state attorney general that county building codes may be less stringent than the state code. Alternate Smart also informed the committee that the council's plastic bag reduction ordinance is still under review by the mayor. She informed the committee that she would be taking on HSAC Executive Committee duties until Vice President Pilago is able to travel again. Alternate Smart distributed information regarding the HSAC annual conference and noted that a website (www.hsac2012.com) had been established. 3. City and County of Honolulu Report. Secretary Chang reported that the fireworks ban has resulted in less injuries over the New Year holiday. He also informed members that the ban on storing personal property on public land has taken effect and is being enforced. The council is also requesting that the state legislature amend state procurement law to simplify the disqualification and disbarment process. Secretary Chang also informed members that the Council committee jurisdiction list was changed for 2012 and that issues related to sister cities and HSAC would be referred to the committee on Executive Matters and Legal Affairs. 2 4. Kauai County Report. President Rapozo reported that the council is considering a charter amendment to provide the council with legal representation and removing mayor-appointed county attorney as the council's attorney. The council is also requesting the state legislature examine the business practices of Hawaiian Airlines with respect to interisland fare increases. President Rapozo also informed members that the council is working on issues related to waste management, landfills, and a community benefits program. V. UNFINISHED BUSINESS A. Discussion regarding the hiring of an HSAC Executive Director, modification to membership structure, and corporate sponsorships. Mr. Kekoa McClellan distributed a draft job description for an HSAC Executive Director to the members and briefly summarized the document. He requested that Executive Committee members review the draft and provide him with any comments, corrections or suggestions. President Rapozo thanked Mr. McClellan for his work and commented that it may be difficult to find a candidate interested in doing the work for the proposed pay. Mr. McClellan replied that due to HSAC's financial constraints and the requirements of the job any candidate for the job would likely not consider it as an exclusive arrangement and would have other concurrent employment. Mr. McClellan also stated that he would be sharing the job description with the Honolulu Ethics Commission for their input. President Rapozo stated that the next step would be for each county council to be presented the proposals regarding an HSAC Executive Director, modification to membership, and corporate sponsorships. He stated that while he supported the concept of creating a position of HSAC Executive Director, the full councils should be presented with the concepts so that a full discussion may be had at each county. Alternate Smart agreed with President Rapozo and offered to place the item on a Hawaii County Council agenda. Treasurer Pontanilla stated that because budget discussions were approaching for all counties it may be difficult for a decision to occur soon. President Rapozo reiterated that each council should receive a briefing on the subject so that each county could examine the issue. Honolulu Councilmember Garcia commented that the Executive Director would be responsible to represent the organization and the counties, in addition to providing continuity for the organization. He stated that he 3 looked forward to making the presentations to the various councils regarding this issue. The item was deferred. VI. NEW BUSINESS A. Communications The following item was received and filed: Communication dated December 9, 2011, from Honolulu City Clerk Bernice K.N. Mau, transmitting to the HSAC Executive Committee Resolution 11-339, CD1, FD1, listing measures approved by the Honolulu City Council for the 2012 HSAC legislative package. B. Discussion regarding amendments to the HSAC Bylaws. The item was deferred. VII. ANNOUNCEMENTS A. Schedule next meeting. The Executive Committee meeting was scheduled for February 10, 2012 at Honolulu Hale. B. Other Announcements Honolulu Councitmember Nestor Garcia informed members that the State legislature would be considering multiple procurement issues that relate to the counties. He also informed members that Pacific Command was planning to work on local partnerships with counties. He also raised the issue of Tesoro's planned sale of its refinery and urged members to follow the progress on the issue and consider impacts to all counties, especially regarding fuel costs. 4 VIII. ADJOURNMENT There being no further business, the meeting was adjourned at 11:32 a.m. Very truly yours, STANLEY C r G Secretary Hawaii State Association of Counties 5 4 Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawai`i & City & County of Honolulu AGENDA HSAC EXECUTIVE COMMITTEE MEETING Friday, January 13, 2012 at 10:00 a.m. Honolulu Hale, Committee Meeting Room Honolulu, Hawai`i I. CALL TO ORDER II. APPROVAL OF AGENDA III. MINUTES A. Minutes of the December 23, 2011 HSAC Executive Committee Meeting. IV. REPORTS A. Treasurer's Report 1. Treasurer's Report for the month of December 2011, submitted by the HSAC Treasurer. 2. Draft Audited Financial Statement (with Independent Auditors' Report) for FY ending June 30, 2011. 3. HSAC 990EZ B. County Reports 1. County of Maui Report 2. County of Hawai`i Report 3. City and County of Honolulu Report 4. County of Kauai Report V. UNFINISHED BUSINESS A. Discussion regarding the hiring of an HSAC Executive Director, modification to membership structure, and corporate sponsorships. • . NEW BUSINESS A. Communication (dated December 9, 2011) from City Clerk Bernice K.N. Mau, City and County of Honolulu, transmitting for the Executive Committees information Resolution 11-339, CD1, FD1, which relates to the 2012 HSAC Legislative Package. B. Discussion regarding amendments to the HSAC Bylaws. 4396 Rice Street,Suite 209, Lihu`e, Kauai,Hawai`i 96766, (808) 241-4188 Hawai`i State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii & City & County of Honolulu VII. ANNOUNCEMENTS A. Schedule next meeting B. Other announcements VIII. ADJOURNMENT €n. 4396 Rice Street,Suite 209, Lihu`e,Kauai,Hawaii 96766, (808) 241-4188 Hawai`i State Association of Counties (HSAC) Counties of Kaua`i, Honolulu, Maui, & Hawai`i RECEIVED December 21,2011 '11 DEC 30 All 57 Mr. Mel Rapozo, President 01-FLA Hawaii State Association of Counties THE C 0 i t 1 `f 4396 Rice Street, Suite 209 COUNTY Lihu`e, Hawaii 96766 SUBJECT: FISCAL YEAR 2011 DRAFT AUDIT REPORT Dear President Rapozo, Section 12 of the HSAC Bylaws requires that the HSAC Executive Committee "provide for an independent accbinting of the books and/or audit of the accounts and other financial transactions of the corporation and of fig operations for which the corporation is responsible". 1 Attached is a copy of the Draft Audited Financial §tatements (With Independent Auditors' Report) for the Year Ended June 30,2011. May I"please ask that this matter be scheduled for the next HSAC Executive Committee meeting for discussion and approval. If you.h.lve any questions, please contact me at (808) 270-7838 or Legislative Attorney first man,at(808) 270-7134. br v, Sincerely, Josep Pont ani la HSAC Treasurer £a ww`, ocs:proj:hsac:fy2012:itr:111221 draftaudit:kmh 4396 Rice Street,Suite 209,Lhu`e,Kauai,Hawaii 96766,(808)241-4188 HAWAII STATE ASSOCIATION OF COUNTIES, INC. (A Hawaii Nonprofit Corporation) AUDITED FINANCIAL STATEMENTS (With Independent Auditors' Report) FOR THE YEAR ENDED JUNE 30, 2011 INDEPENDENT AUDITORS' REPORT To the Board of Directors Hawaii State Association of Counties,Inc. Honolulu,HI 96817 We have audited the accompanying statement of assets, liabilities, and net assets—cash basis of Hawaii State Association of Counties, Inc.(a nonprofit organization)as of June 30,2011, and the related statement of support, revenue, and expenses cash basis for the year then ended. These financial statements are the responsibility of the Association's management.Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America.Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements.An audit also includes assessing the accounting principles used and significant estimates made by management,as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As described in note 2, these financial statements were prepared on the cash basis of accounting, which is a comprehensive basis of accounting other than generally accepted accounting principles. In our opinion,the fmancial statements referred to above present fairly,in all material respects,the assets, liabilities, and net assets of Hawaii State Association of Counties, Inc. as of June 30,2011, and its support,revenue,and expenses for the year then ended,on the basis of accounting described in note 2. Wailuku,Hawaii November 7,2011 HAWAII STATE ASSOCIATION OF COUNTIES,INC. Statement of Assets,Liabilities,and Net Assets-Cash Basis As of June 30,2011 ASSETS CURRENT ASSETS Cash $ 147,072 TOTAL ASSETS $ 147,072 NET ASSETS NET ASSETS (Note 3) Unrestricted 147,072 TOTAL NET ASSETS $ 147,072 The accompanying notes and Auditors'report are an integral part of these financial statements. Page 2 HAWAII STATE ASSOCIATION OF COUNTIES,INC. Statement of Support,Revenue and Expenses-Cash Basis For the Year Ended June 30,2011 SUPPORT AND REVENUE RECEIVED Conference receipts: Conference-fiscal year 2010 $ 26,870 Conference-fiscal year 2011 95,895 Total conference receipts 122,765 Membership fees 43,680 Other Income 1,500 Interest Income 49 Total Support and Revenue Received 167,994 EXPENSES DISBURSED Executive and special committee Travel(Note 6) 5,102 Accounting services 3,906 Miscellaneous 80 9,088 National Assocaiton of Counties: Travel(Note 6) 14,461 Promotional 73 Membership dues(Note 6) 25,573 Miscellaneous 796 40,903 Western Association of Counties: Travel(Note 6) 1,534 Membership dues(Note 6) 3,306 4,840 Conferences expenditures: Conference fiscal year 2010 7,777 Conference-fiscal year 2011 60,895 68,672 Total Expenses 123,503 Change in Net Assets 44,491 Net assets,beginning of the year 102,581 Net assets,end of the year $ 147,072 The accompanying notes and Auditors'report are an integral part of these financial statements. Page 3 HAWAII STATE ASSOCIATION OF COUNTIES,INC. Notes to the Financial Statements June 30,2011 Note 1. ASSOCIATION The Hawaii State Association of Counties, Inc. was incorporated as a non-profit Association under the laws of the State of Hawaii on November 8, 1974. The Hawaii State Association of Counties,Inc. serves as an agent to coordinate county programs in the best interest of the people of the State of Hawaii through cooperation of the legislative bodies of the several counties of the State;the creation of more practical and efficient county legislation,and administrative procedures;the provision of a single source of information in regard to all counties which shall be available to the Governor, the Legislature and to all proper persons,officials;and a general improvement in the conduct of the county government. Note 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Method of Accounting: The Association uses the cash basis of accounting. Under this basis, revenues and the related assets are recognized when received rather than when earned,and expenses are recognized when paid rather than when the obligation is incurred. This basis of accounting is a comprehensive basis of accounting that is not generally accepted accounting principles. Cash and Cash Equivalents: For the purpose of the statement of cash flows,cash is defined as demand deposits and savings accounts. Income Taxes: Hawaii State Association of Counties, Inc. is exempt from Federal income taxes under Section 501(c)(3)of the Internal Revenue Code and also from State of Hawaii income taxes under Section 237-23(b)of the Hawaii Revised Statutes. The Association is also a public charity under IRC Sections 509(a)(1)and 170(b)(1)(A)(vi). This allows for donations to the Association to be deductible as a charitable contribution on income tax returns. The Association's Forms 990, Return of Organization Exempt from Income Tax, for the years ending 2008,2009,and 2010 are subject to examination by the IRS,generally for 3 years after they were filed. Note 3.NET ASSETS Hawaii State Association of Counties, Inc. has conformed to FASB ASC 958-210-45-9 "Not-for-Profit Entities, Classifications of Net Assets". Accordingly, the Association is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets and permanently restricted net assets. As of June 30, 2011, Hawaii State Association of Counties, Inc. had no temporarily restricted or permanently restricted net assets. Page 4 HAWAII STATE ASSOCIATION OF COUNTIES, INC. Notes to Financial Statements June 30,2011 Note 4. CONCENTRATIONS OF RISK Every year the Association hosts a conference. Each county hosts the conference every four years. Without this conference and the support and revenues it generates the association may be a risk of not getting enough funding to continue its operations. Note 5. SUBSEQUENT EVENTS In preparing these financial statements,the Association has evaluated events and transactions for potential recognition or disclosure through November 7, 2011, the date the financial statements were available to be issued. Note 6. RELATED PARTY TRANSACTIONS The Association paid dues of$25,573 to the National Association of Counties for national membership, and$3,306 for Western Interstate Region membership. The Association also reimburses travel costs to county members for meetings and conferences throughout the fiscal year. Travel reimbursements to members for the year ended June 30,2011 are as follows: City&County of Honolulu $ 9,909 County of Maui 4,518 County of Kauai 3,881 County of Hawaii 2,789 $ 21,097 Page 5 IRS a-file Signature Authorization Form 8879-EO for an Exempt Organization OMB No.1545.1878 For calendar year 2010,or fiscal year beginning Jul 1 ,2010,and ending Jun 30 , 2011 . Department of the Treasury 1"Do not send to the IRS.Keep for your records. 2010 Internal Revenue service "See instructions. Name of exempt organization Employer Identilleation number HAWAII STATE ASSOC OF COUNTIES 51-0154424 Name and title of officer JOSEPH PONTANILLA Treasurer I 1. : Type of Return and Return Information(Whole Dollars Only) Check the box for the return for which you are using this Form 8879-EO and enter the applicable amount,if any,from the return.If you check the box on line 1a,2a,3a,4a,or 5a,below,and the amount on that line for the return being filed with this form was blank,then leave line 1b,2b, 3b,4b,or 5b,whichever is applicable,blank(do not enter-0-).But,if you entered-0-on the return,then enter-0-on the applicable line below. Do not complete more than 1 line in Part I. 1 a Form 990 check here .... ►fl b Total revenue,if any(Form 990,Part VIII,column(A),line 12) 1 b 2a Form 990•EZ check here ® b Total revenue,if any(Form 990-EZ,line 9) 2b 167,994. 3a Form 1120-POL check here b Total tax(Form 1120-POL, line 22) 3b 4a Form 990-PF check here b Tax based on investment income(Form 990-PF,Part VI,line 5) 4b 5a Form 8868 check here ... b Balance Due(Form 8868,Part I,line 3c or Part II, line 8c) 5b a; Declaration and Signature Authorization of Officer Under penalties of perjury,I declare that I am an officer of the above organization and that I have examined a copy of the organization's 2010 electronic return and accompanying schedules and statements and to the best of my knowledge and belief,they are true,correct,and complete.I further declare that the amount in Part I above is the amount shown on the copy of the organization's electronic return.I consent to allow my intermediate service provider,transmitter,or electronic return originator(ERO)to send the organization's return to the IRS and to receive from the IRS(a)an acknowledgement of receipt or reason for rejection of the transmission (b)the reason for any delay in processing the return or refund,and(c)the date of any refund.If applicable,I authorize the U.S.Treasury and its and Financial Agent to initiate an electronic funds withdrawal(direct debit)entry to the financial institution account indicated in the tax preparation software for payment of the organization's federal taxes owed on this return and the financial institution to debit the entry to this account.To revoke a payment,I must contact the U.S.Treasury Financial Agent at 1-888-353-4537 no later than 2 business days prior to the payment(settlement)date. I also authorize the financial institutions involved in the processing of the electronic payment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to the payment.I have selected a personal identification number(PIN)as my signature for the organization's electronic return and,if applicable,the organization's consent to electronic funds withdrawal. Officer's PIN:check one box only ®I authorize Carbonaro DeMichele, CPAs to enter my PIN 12345 as my signature ERO firm name Enter five numbers,but do not enter all seas on the organization's tax year 2010 electronically filed return.If I have indicated within this return that a copy of the return is being filed with a state agency(ies)regulating charities as part of the IRS Fed/State program,I also authorize the aforementioned ERO to enter my PIN on the return's disclosure consent screen. ❑As an officer of the organization, I will enter my PIN as my signature on the organization's tax year 2010 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies)regulating charities as part of the IRS Fed/State program, I will enter my PIN on the return's disclosure consent screen. Officer's signature " Date a. Certification and Authentication ERO's EFIN/PIN.Enter your six-digit electronic filing identification number(EFIN)followed by your five-digit self-selected PIN 99020576235 do not enteral zeros I certify that the above numeric entry is my PIN,which is my signature on the 2010 electronically filed return for the organization indicated above.I confirm that I am submitting this return in accordance with the requirements of Pub 4163,Modernized a-File(iieF)Information for Authorized IRS a-She Providers for Business Returns. ERO's signature ► /21E4)Ake C 9 Date" 12/23/2011 ERO Must Retain This Form—See Instructions Do Not Submit This Form To the IRS Unless Requested To Do So BAA For Paperwork Reduction Act Notice,see instructions. Form 8879-E0(2010) TEEA7401 12/29/10 Form 990-EZ(2010) HAWAII STATE ASSOC OF COUNTIES 51-0154424 Page 4 Yes No 45 Is arty related organization a controlled entity of the organization within the meaning of section 512(b)(13)? 0•11 X a Did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)?If'Yes,'Form 990 and Schedule R may need to be completed instead of Form 990-EZ(see inst.). E X 46 Did the organization engage,directly or indirectly,in political campaign activities on behalf of or in opposition to candidates for public office?If'Yes,'complete Schedule C,Part I 46' X.. Section 501(cX3)organizations and section 4947(a)('I)nonexempt charitable trusts only All section 501(c)(3) organizations and section 4947(a)(1) nonexempt charitable trusts must answer questions 4749b and 52, and complete the tables for lines 50 and 51. Check if the organization used Schedule 0 to respond to any question in this Part VI n Yes No 47 Did the organization engage in lobbying activities?If'Yes,'complete Schedule C,Part II 47 X 48 Is the organization a school as described in section 170(b)(1)(A)(ii)?If'Yes,'complete Schedule E 48 X 49a Did the organization make any transfers to an exempt non-charitable related organization? 49a X b If'Yes,'was the related organization a section 527 organization? 49b 50 Complete this table for the organization's five highest compensated employees(other than officers,directors,trustees and key employees)who each received more than$100,000 of compensation from the organization.If there is none,enter'None.' (b)Title and average (c)Compensation (d)Contributions to employee (e)Expense (a)Name and o address $100,000 each mp�paid d hours evoted per benefit plans and account and position deferred compensation other allowances NONE f Total number of other employees paid over$100,000 1"0 51 Complete this table for the organization's five highest compensated independent contractors who each received more than$100,000 of compensation from the organization.If there is none,enter'None.' (a)Name and address of each independent contractor paid more than$100,000 (b)Type of service (c)Compensation NONE d Total number of other independent contractors each receiving over$100,000 ►0 52 Did the organization complete Schedule A?Note:All section 501(c)(3)organizations and 4947(a)(1)nonexempt charitable trusts must attach a completed Schedule A ®Yes No Under penalties of perjury,I declare that I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief,it is true,correct,and complete.Declaration of preperer(other than officer)is based on all information of which preparer has any Sign 'signature of officer Data Here JOSEPH PONTANILLA Treasurer Type or print name and title. PrintfType preparer's name P • t /t. / / Date Check if /� (, Paid PETER DEMICHELE, CPA E /�/e 11 LE, CPA 12/23/11 self•employed rO(,/ ]3 Preparer F'irm's name Carbonaro DeMichele, CPAs QQ I Use Only Firm's address• 1885 Main Street, Suite 408 Firm's ElN ► 7 Oc3o.' /9° Wailuku HI 96793 Phone no. (808) 242-5002 May the IRS discuss this return with the preparer shown above?See instructions e.n Yes n No BAA Form 990-EZ (2010) TEEA01112 02118111 Short Form B N545 Return of Organization Exempt From Income Tax °' o.1 -150 Form 990-EZ Under section 501(c),527,or 4947(aX1)of the Internal Revenue Code (except black lung benefit trust or private foundation) 201 0 ► Sponsoring organizations of donor advised rinds,organizations that operate one or more hospital facilities, and certain controlling organizations as defined in section 512@)(13)must file Form 990(sea instructions).All other organizations with gross receipts less than 1200,000 Department of the Treasury and total assets less than 5500,000 at the end of the year may use this form. Internal Revenue Service ► The organization may have to use a copy of this return to satisfy state reporting requirements. A For the 2010 calendar year,or tax year beginning Jul 1 ,2010,and ending Jun 30 , 2011 B Check if applicable: C Name of organization 0 Employer Identification number Address change HAWAII STATE ASSOC OF COUNTIES 51-0154424 r-Name change Number and street(or P.O.box,if mail is not delivered to street address) Room/suite E Telephone comber ,,,.Initial return 200 SOUTH HIGH STREET (808) 270-7838 Terminated City or town,state or country,and ZIP+4 Amended return F Group Exemption Application pending WAILUKU HI 96793 Number ► G Accounting Method : Ul Cash U Accrual Other(specify) w H Check • C if the organization is not I Website: I. N A required to—ta tech Schedule B(Form J Tax-exempt status(ck only one)— 0 5010x3) 1501(c)( ) -(insert no.)II 4947(aX1)or 111 527 990,990-EZ,or 990-PF). K Check► U if the organization is not a section 509(a)(3)supporting organization and its gross receipts are normally not more than $50,000.A Form 990-E2 or Form 990 return is not required though Form 990-N(e-postcard)may be required(see instructions).But if the organization chooses to file a return,be sure to file a complete return. L Add lines 5b,6c,and 7b,to line 9 to determine gross receipts.If gross receipts are$200,000 or more,or if total assets(Part II,line 25,column(B)below)are$500,000 or more,file Form 990 instead of Form 990-EZ ►$ 167,994. a _�..= Revenue,Expenses,and Changes in Net Assets or Fund Balances(See the instructions for Part I.) Check if the organization used Schedule 0 to respond to any.question in this Part I f i 1 Contributions,gifts,grants,and similar amounts received 1 2 Program service revenue including government fees and contracts 2 122,765. 3 Membership dues and assessments 3 43,680. 4 Investment income 4 49. 5a Gross amount from sale of assets other than inventory ( 5al b Less:cost or other basis and sales expenses 5 b c Gain or(loss)from sale of assets other than inventory(Subtract line 5b from line 5a) 5c 6 Gaming and fundraising events E a Gross income from gaming(attach Schedule G if greater than$15,000) I 6a1 X b Gross income from fundraising events(not including$ of contributions N from fundraising events reported on line 1)(attach Schedule G if the sum r+'a;!'^j` E of such gross income and contributions exceeds$15,000) ( 6b c Less:direct expenses from gaming and fundraising events I 6c d Net income or(loss)from gaming and fundraising events(add lines 6a and 6b and subtract line 6c) 6d 7a Gross sales of inventory,less returns and allowances ( 7al b Less:cost of goods sold 7b c Gross profit or(loss)from sales of inventory(Subtract line 7b from line 7a) 7c 8 Other revenue(describe in Schedule 0) See Form990.Ez,Pen t,Line a Other.Revam9 8 1,500. 9 Total revenue.Add lines 1,2,3,4,5c,6d,7c,and 8 a 9 167,994. 10 Grants and similar amounts paid(list in Schedule 0) 10 11 Benefits paid to or for members 11 28,879. z 12 Salaries,other compensation,and employee benefits 12 P 13 Professional fees and other payments to independent contractors 13 3,906. E N 14 Occupancy,rent,utilities,and maintenance 14 E 15 Printing,publications,postage,and shipping 15 16 Other expenses(describe in Schedule 0) See Fenn 990.EZ,Pad I,Lino 16 Other Expenses 16 90,718. 17 Total expenses.Add lines 10 through 16 ► 17 123,503. 18 Excess or(deficit)for the year(Subtract line 17 from line 9) 18 44,491. N s 19 Net assets or fund balances at beginning of year(from line 27,column(A))(must agree with end-of-year E S figure reported on prior year's return) 19 102,581. T T 20 Other changes in net assets or fund balances(explain in Schedule 0) 20 s 21 Net assets or fund balances at end of year.Combine lines 18 through 20 0- 21 147,072. BAA For Paperwork Reduction Act Notice,see the separate Instructions. Form 990-EZ(2010) TEEA0812 02/18111 Form 990-EZ(2010) HAWAII STATE ASSOC OF COUNTIES 51-0154424 Page 2 Balance Sheets.(see the instructions for Part II.) Check if the organization used Schedule 0 to respond to any question in this Part II n (A)Beginning ofyear I (B)End of year 22 Cash,savings,and investments 102,581. 22 147,072. 23 Land and buildings 0. 23 0. 24 Other assets(describe in Schedule 0) ) 0. 24 0. 25 Total assets 102,581. 25 147,072. 26 Total liabilities(describe in Schedule 0) ) 0. 26 0. 27 Net assets or fund balances(line 27 of column(B)must agree with line 21) 102,581. 27 147,072. 'Ji ' Statement of Program Service Accomplishments(see the instrs for Part III.) Expenses Check if the organization used Schedule O to respond to any question in this Part III Ji (Required for section What is the organization's primary exempt purpose? See Schedule 0 501(c)(3)and 501(c)(4) Describe what was achieved in carrying out the organization's exempt purposes.In a clear and concise manner, organizations and section describe the services provided,the number of persons benefited,and other relevant information for each 4947(a)(1)trusts;optional program title. for others.) 28 CONVENTIONS, CONFERENCES t MEETINGS (Grants$ 0. )If this amount includes foreign grants,check here 011 28a 68,672. 29 (Grants$ )If this amount includes foreign grants,check here t•Ti 29a 30 (Grants$ )If this amount includes foreign grants,check here ■-n 30a 31 Other program services(describe in Schedule 0) (Grants$ )If this amount includes foreign grants,check here ► n 31 a 32 Total •rogram service expenses(add lines 28a through 31a) ► 32 68,672. List of Officers,Directors,Trustees,and Key Employees.List each one even if not compensated.(see the instructions for Part IV. a Check if the organization used Schedule 0 to respond to any question in this Part IV (a)Name and address (b)Title and average hours (c)Compensation(If d)Contributions to (e)Expense account ( ) per week devoted not paid,enter-0..) em pi) benefit plans and and other allowances to position deferred compensation JOSEPH PONTANILLA 200 South High Street 7th Floor TREASURER Wailuku HI 96793 1.50 0. O. NESTOR GARCIA 530 South King Street,Room 202 VICE PRESIDENT Honolulu HI 96813 1.50 0. O. DEREK KAWAKAMI 4396 Rice Street Suite 209 PRESIDENT Lihue HI 96766 1.50 O. O. DENNIS ONISHI 74-5044 Ane Keohokalole Hwy SECRETARY Kailua—Kona H2 96740 1.50 0. 0. BAA mc*a8t2 otitarth Form 990-EZ (2010) Form 990-EZ(2010) HAWAII STATE ASSOC OF COUNTIES 51-0154424 Page 3 °-1 Other Information (Note the statement requirements in the instructions for Part V.) Check if the organization used Schedule 0 to respond to any question in this Part V n 33 Did the organization engage in any activity not previously reported to the IRS?If'Yes,'provide a detailed description of Yes No each activity in Schedule 0 33 X 34 Were any significant changes made to the organizing or governing documents?If'Yes;attach a conformed copy of the amended documents if they reflect a change to the organization's name.Otherwise,explain the change on Schedule 0(see instructions) 34 X 35 If the organization had income from business activities,such as those reported on lines 2,6a,and 7a(among others),but not reported on Form 990.1, . explain in Schedule 0 wiry the organization did not report the income on Form 930.7. 'r , n; a Did the organization have unrelated business gross income of$1,000 or more or was it a section 501(c)(4),501(c)(5),or 501(c)(6)organization subject to section 6033(e)notice,reporting,and proxy tax requirements? 35a X b If'Yes,'has it filed a tax return on Form 990-T for this year(see instructions)? 35b 36 Did the organization undergo a liquidation,dissolution,termination,or significant disposition of net assets during the year?If'Yes,'complete applicable parts of Schedule N 36 X 37a Enter amount of political expenditures,direct or indirect,as described in the instructions .. 0'1 37a) 0 :7' . b Did the organization file Form 1120•POL for this year? 37b X" 38a Did the organization borrow from,or make any loans to,any officer director,trustee,or key employee or were ° x .- '' any such loans made in a prior year and still outstanding at the end of the tax year covered by this return? 38a X b If'Yes,'complete Schedule L,Part I I and enter the total amount involved 38b 39 Section 501(c)(7)organizations.Enter: - a Initiation fees and capital contributions included on line 9 39a b Gross receipts,included on line 9,for public use of club facilities 39b 40a Section 501(c)(3)organizations.Enter amount of tax imposed on the organization during the year under: . section 4911 • 0. ;section 4912• 0. ;section 4955 ► 0 b Section 501(c)(3)and 501(c)(4)organizations.Did the organization engage in any section 4958 excess benefit s N= transaction during the year or did it engage in an excess benefit transaction in a prior year that has not been reported on any of its prior Forms 990 or 990-EZ? If'Yes,'complete Schedule L,Part I 401)IIII X c Section 501(c)(3)and 501(c)(4)organizations.Enter amount of tax imposed on organization managers or disqualified persons during the year under sections 4912,4955,and 4958 ► d Section 501(c)(3)and 501(c)(4)organizations.Enter amount of tax on line 40c reimbursed by the organization e All organizations.At any time during the tax year,was the organization a party to a prohibited tax shelter transaction?If'Yes,'complete Form 8886-T 40e X 41 List the states with which a copy of this return is filed• 42a The organization's books are in care of■ HAWAII STATE ASSOCIATION OF COUNTIES _ Telephone no. I. (808) 270—'7838 Located at► 200 SOUTH HIGH STREET WAILUKU HI ZIP+4■ 967 93 b At any time during the calendar year,did the organization have an interest in or a signature or other authority over a No financial account in a foreign country(such as a bank account,securities account,or other financial account)? 42 bill X If'Yes,'enter the name of the foreign country:0- '" See the instructions for exceptions and filing requirements for Form TD F 90-21.1,Report of a Foreign Bank and Financial Accounts. c At any time during the calendar year,did the organization maintain an office outside of the U.S.' ram X If'Yes,'enter the name of the foreign country:e• 43 Section 4947(a)(1)nonexempt charitable trusts filing Form 990-EZ in lieu of Form 1041 —Check here I.0 and enter the amount of tax-exempt interest received or accrued during the tax year ►I 43 44a Did the organization maintain any donor advised funds during the year?If'Yes,'Form 990 must be completed instead Yes No of Form 990-EZ 44a X b Did the organization operate one or more hospital facilities during the year?If'Yes,'Form 990 must be completed instead of Form 990-EZ 44b X c Did the organization receive any payments for indoor tanning services during the year? 44c X d If'Yes'to line 44c,has the organization filed a Form 720 to report these payments?If No,'provide an explanation in Schedule O 44d BAA TEEA0812 o2l18n1 Form 990-EZ (2010) Olin No.1545-0047 SCHEDULE A Public Charity Status and Public Support (Form 990 or 990-EZ) pP 2010 Complete if the organization is a section 501(c)(3)organization or a section r , 4947(a)(1)nonexempt charitable trust Internal Department Revenue Service I.Attach to Form 990 or Form 990-EL►See separate instructions. Name of the organization Employer Identification number HAWAII STATE ASSOC OF COUNTIES 51-0154424 _;r'R'` >_µReason for Public Charity Status(All organizations must complete this pad.) See instructions. The organization is not a private foundation because it is:(For lines 1 through 11,check only one box.) 1 A church,convention of churches or association of churches described in section 170(b)(1XA)(I). 2 A school described in section 170(b)(1XAXII), (Attach Schedule E.) 3 A hospital or a cooperative hospital service organization described in section 170(b)(1)(A)(l1i). 4 A medical research organization operated in conjunction with a hospital described in section 170(bX1XAXlll).Enter the hospital's name,city,and state: 5 0 An organization operated for the benefit of a college or university owned or operated by a governmental unit described in section 170(b)(1XAXiv). Complete Part II.) El 6 A federal,state,or local government or governmental unit described in section 170(b)(1XAXv). 7 An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in section 170(bX1XAXv1). (Complete Part II.) 8 ❑A community trust described in section 170(b)(1XAXv1).(Complete Part II.) 9 ®An organization that normally receives:(1)more than 33-113%of its support from contributions,membership fees,and gross receipts from activities related to its exempt functions—subject to certain exceptions,and(2)no more than 33-113%of its support from gross investment income and unrelated business taxable income(less section 511 tax)from businesses acquired by the organization after June 30,1975.See section 509(a)(2).(Complete Part III.) 10 a An organization organized and operated exclusively to test for public safety.See section 509(aX4). 11 An organization organized and operated exclusively for the benefit of,to perform the functions of,or carry out the purposes of one or more publicly supported organizations described in section 509(a)(1)or section 509(a)(2).See section 509(a)(3). Check the box that describes the type of supporting organization and complete lines Ile through 11h. a Q Type I b 0 Type II c Q Type III—Functionally integrated d 0 Type III—Other e El By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1)or section 509(a)(2). f If the organization received a written determination from the IRS that is a Type I,Type II or Type III supporting organization, 0 check this box g Since August 17,2006,has the organization accepted any gift or contribution from any of the following persons? Yes No (i) A below,person who directly or indirectly controls either alone or together with persons described in(ii)and(ii) governing body of the supported organization? 11 g(i) (II) A family member of a person described in()above? 11 g(ii) (N) A 35%controlled entity of a person described in()or(ii)above? 11g(0)_ h Provide the following information about the supported organization(s). ()Name of supported 00 EIN 010 Type of organization (Iv)Is the (v)Did you notify (v1).Is the. (v11)Amount of support organization (escnhed on lines 1.9 organization in the organization in organization in above or IRC section column(I)listed in column(9 of column 0) (see Instructions)) your governing your support? organized n Oa document? 7 Yes No Yes No Yes No (A) , (B) (C) . (D) • (E) Total ' .__ .$., . ._,.._ . ,. - ..... - ,_.._ . au__.. ,- _.._� , -' . __.. .. °. BAA For Paperwork Reduction Act Notice,see the Instructions for Form 990 or 990-EZ. Schedule A(Form 990 or 990-EZ)2010 TEEAO401 1223110 Schedule A(Form 990 or 990-EZ)2010 HAWAII STATE ASSOC OF COUNTIES 51-0154424 Page 2 Support Schedule for Organizations Described in Sections 170(bx1XAx1v)and 170(bX1XAXvl) (Complete only if you checked the box on line 5,7,or 8 of Part I or if the organization failed to qualify under Part III.If the organization fails to qualify under the tests listed below,please complete Part III.) Section A.Public Support Calendar year(or fiscal year (a)2006 (b)2007 beginning in)1° (c)2008 (d)2009 (e)2010 (t)Total 1 Gifts,grants,contributions,and membership fees received. (Do not include'unusual grants. 2 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf 3 The value of services or facilities furnished by a governmental unit to the organization without charge 4 Total.Add lines 1 through 3 5 The portion of total T i contributions by each person (other than a governmental unit or publicly supported # organization)included on line 1 F , that exceeds 2%of the amount s shown on line 11,column(f) _; _ 6 Public support.Subtract line 5 from line 4 Section B.Total Support Calendar year(or fiscal year (a)2006 (b)2007 (c)2008 beginning in)■ (d)2009 (e)2010 (I)Total 7 Amounts from line 4 8 Gross income from interest, dividends,payments received on securities loans,rents, royalties and income from similar sources 9 Net income from unrelated business activities,whether or not the business is regularly carried on 10 Other income.Do not include gain or loss from the sale of capital assets(Explain in Part IV.) 11 Total support.Add lines 7 � through 10 id 12 Gross receipts from related activities,etc(see instructions) 12 13 First five years.If the Form 990 is for the organization's first,second,third,fourth,or fifth tax year as a section 501(c)(3) organization,check this box and stop here ►n Section C.Computation of Public Support Percentage 14 Public support percentage for 2010(line 6,column(t)divided by line 11,column(0) 14 96 15 Public support percentage from 2009 Schedule A,Part II,line 14 15 16a 33.1/3%support test–2010.If the organization did not check the box on tine 13,and the line 14 is 33-1/3%or more,check this box and stop here.The organization qualifies as a publicly supported organization ► b 33-1/3%support test–2009.If the organization did not check a box on line 13 or 16a,and line 15 is 33-1/3%or more,check this box ❑ and stop here.The organization qualifies as a publicly supported organization ► 17a 10%-facts-and-circumstances test–2010.If the organization did not check a box on tine 13, 16a,or 16b,and line 14 is 10% or more,and if the organization meets the'facts-and-circumstances'test,check this box and stop here.Explain in Part IV how ❑ the organization meets the'facts-and-circumstances'test.The organization qualifies as a publicly supported organization ■ b 10%-facts-and-circumstances test–2009.If the organization did not check a box on tine 13,16a,16b,or 17a,and line 15 is 10% or more,and if the organization meets the'facts-and-circumstances'test,check this box and stop here.Explain in Part IV how the — organization meets the'facts-and-circumstances' test.The organization qualifies as a publicly supported organization ► _ 18 Private foundation.If the organization did not check a box on line 13,16a, 16b,17a,or 17b,check this box and see instructions ► BAA Schedule A(Form 990 or 990-EZ)2010 TEEAO402 12/23110 Schedule A(Form 990 or 990-EZ)2010 HAWAII STATE ASSOC OF COUNTIES 51-0154424 Page 3 i e__ Support Schedule for Organizations Described in Section 509(aX2) (Complete only if you checked the box on line 9 of Part I or if the organization failed to qualify under Part II.If the organization fails to qualify under the tests listed below,please complete Part II.) Section A.Public Support Calendar year(or fiscal yr beginning in)• (a)2006 (b)2007 (c)2008 (d) 2009 (e)2010 (f)Total 1 Gifts,grants,contributions and membership fees received.(Do not include any'unusual grants.) 42,000. 43,680. 43,680. 43,680. 43,680. 216,720. 2 Gross receipts from admis- sions,merchandise sold or services performed,or facilities furnished in any activity that is related to the organization's tax-exempt purpose 79,484. 40,935. 46,507. 48,085._ 122,765. 337,776. 3 Gross receipts from activities that are not an unrelated trade or business under section 513. 4 Tax revenues levied for the organization's benefit and either paid to or expended on its behalf 5 The value of services or facilities furnished by a governmental unit to the organization without charge 6 Total.Add lines 1 through 5121,484. 84,615. 90,187. 91,765. 166,445. 554,496. 7a Amounts included on lines 1, 2,and 3 received from disqualified persons b Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of$5,000 or 1%of the amount on line 13 for the year c Add lines 7a and 7b 8 Public support(Subtract line 1' CC� 31 = 7c from line 6. _ 3 __ , ; k I 554 4 96. Section B.Total Support Calendar year(or fiscal yr beginning in)► (a)2006 (b)2007 (c)2008 (d)2009 (e)2010 (9 Total 9 Amounts from line 121,484. 84,615. 90,187. 91,765. 166,445. 554,496. 10a Gross income from interest, dividends,payments received on securities loans,rents, royalties and income from similar sources 17,512. 52. 4 8. 72. 4 9. 17,733. b Unrelated business taxable income(less section 511 taxes)from businesses acquired after June 30, 1975 c Add lines 10a and 10b 17,512. 52. 48. 72. 49. 17,733. 11 Net income from unrelated business activities net included in line 10b, whether or not the business is regularly carried on 12 Other income. Do not include genital assets asset(Explain an of Part IV.) 13 Total support-oasis s,loo11.sad sa) 1,500. 572,229. 14 First iz years,If the this Form 990 90 is here organization's first,second,third,fourth,or fifth tax year as a section 501(c)(3) n Section C.Computation of Public Support Percentage 15 Public support percentage for 2010(line 8,column(f)divided by line 13,column(f)) 15 96.90 % 16 Public support percentage from 2009 Schedule A,Part III,line 15 16 96.44 % Section D.Computation of Investment Income Percentage 17 Investment Income percentage for 2010(line 10c,column(f)divided by line 13,column(f)) 17 3.10 % 18 Investment income percentage from 2009 Schedule A,Part III,line 17 18 3.56 % 19a 33-1/3%support tests—2010.If the organization did not check the box on line 14,and line 15 is more than 33-113%,and line 17 is not more than 33-1/3%,check this box and stop here.The organization qualifies as a publicly supported organization b 33.113%support tests—2009.If the organization did not check a box on line 14 or line 19a,and line 16 is more than 33-1/3%,and line 18 is not more than 33-1/3%,check this box and slop here.The organization qualifies as a publicly supported organization 20 Private foundation.If the organization did not check a box on line 14, 19a,or 19b,check this box and see instructions BAA TEEAO403 12/29r10 Schedule A(Form 990 or 990-EZ)2010 Schedule A(Form 990 or 990-EZ)2010 HAWAII STATE ASSOC OF COUNTIES 51-0154424 Page 4 Cf.ijiift2 Supplemental Information.Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part Ill, line 12. Also complete this part for any additional information. (See instructions). BAA Schedule A(Form 990 or 990-EZ)2010 TEEAO404 09/06/10 SCHEDULE 0 Supplemental Information to Form 990 or 990-EZ OMB No.' 00" (Form 990 or 990-EZ) 2010 Complete to provide information for responses to specific questions on Department of the Treasury Form 990 or 990•EZ or to provide any additional information. Internal Revenue Service ■Attach to Form 990 or 990•EZ. Name of the organization Employer Identification number HAWAII STATE ASSOC OF COUNTIES 51-0154424 Part III TO COORDINATE COUNTY PROGRAMS IN THE BEST INTEREST OF THE PEOPLE OF THE STATE OF HAWAII WITH LEGISLATIVE BODIES COOPERATION AND OVERALL IMPROVEMENT OF THE COUNTY COVERNMENT. BAA For Paperwork Reduction Act Notice,see the Instructions for Form 990 or 940-El. TEeA49o1 10/26110 Schedule 0(Form 990 or 990•EZ)2010 HAWAII STATE ASSOC OF COUNTIES 51-0154424 1 Schedule 0(Form 990 or 990-EZ), Supplemental Information to Form 990 or 990-EZ Form 990-EZ,Part I,Line 8 Other Revenue Other revenue (describe in Schedule 0) Reimbursement 1,500. Total 1,500. Schedule 0(Form 990 or 990-EZ), Supplemental Information to Form 990 or 990-EZ Form 990-EZ,Part I,Line 16 Other Expenses Other expenses (describe in Schedule 0) Travel 21,097. Conference Expenditures 68,672. Miscellaneous 949. Total 90,718. Carbonaro .. De iche e Certified Public Accountants Member: AICPA CPAsHSCPA December 23,2011 HAWAII STATE ASSOC OF COUNTIES 200 SOUTH HIGH STREET WAILUKU,HI 96793 Dear Client, Enclosed is the 2010 U.S.Form 990-EZ,Return of Organization Exempt from Income Tax,for HAWAII STATE ASSOC OF COUNTIES for the tax year ending June 30,2011. Your 2010 U.S.Form 990-EZ,Return of Organization Exempt from Income Tax,return has been electronically filed. We very much appreciate the opportunity to serve you. If you have any questions regarding this return,please do not hesitate to call. Since�� PE E` DEMICHELE,CPA 1885 Main Street, Suite 408 • Wailuku, Hawaii 96793 • Phone: (808) 242-5002 • Fax: (808) 242-5499 www.carbocpa.com a a OFFICE OF THE CITY CLERK CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII 96813-3077 /TELEPHONE 768-3810 BERNICE K.N.MAU CITY CLERK December 9, 2011 The Honorable Mel Rapozo Member, Kauai County Council 3371-A Wilcox Road Lihue, Hawaii 96766 Dear Councilman Rapozo: This is to inform you that Resolution 11-339, CD1, FD1 (OCS/112911/09:57/CT), relating to the 2012 Hawaii State Association of Counties legislative package, was adopted by the Council of the City and County of Honolulu at its meeting on Wednesday, December 7, 2011. As directed by the Resolution, a copy is attached for your information. Sincerely, LegirCP X/-A( 71,616t BERNICE K.N. MAU City Clerk to Attachment CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII No 11-3392 CD1, FD1 RESOLUTION RELATING TO THE 2012 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE. WHEREAS, the Hawaii State Association of Counties ("HSAC") is composed of the members of all four county councils of the State of Hawaii; and WHEREAS, the legislative package proposed by HSAC represents the state legislative priorities of the counties; and WHEREAS, the HSAC Executive Committee has proposed state legislation listed in this resolution to be part of the Hawaii State Association of Counties' 2012 legislative package; and WHEREAS, approval by all four councils is required to include proposals 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 as follows: 1. A proposed bill requiring the State Director of Finance to transmit a percentage of all fines and forfeitures for uncontested traffic infractions committed in that county, attached as Exhibit A. 2. A proposed bill increasing the amount of time county councils have to review affordable housing projects submitted pursuant to HRS Section 201 H-38 from 45 days to 60 days, attached as Exhibit B. 3. A proposed bill increasing the gallonage tax on liquor and transferring the additional revenue to the respective counties for the purpose of reimbursing counties for the costs of services, equipment, training, education, and public service announcements related to driving while under the influence of an intoxicant, attached as Exhibit E. 4. A proposed bill providing the counties with representation on the Employees' Retirement System Board of Trustees, attached as Exhibit F. 5. A bill, H.B. No. 175, H.D. 2 (2011), providing the counties with representation on the Hawaii employer-union health benefits trust fund (EUTF) board, attached as Exhibit G. OCS/112911/09:57/CT 1 a CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU. HAWAII No. 11-339, CD1, FD1 *_J RESOLUTION 6. A proposed bill requiring publication of notice and a public hearing for Type II residential care home applications, attached as Exhibit H. 7. A proposed resolution urging the U.S. government to reimburse the counties for all costs relating to the Asia Pacific Economic Cooperation Leaders Meeting (APEC), attached as Exhibit I. 8. A proposed bill creating a new bargaining unit for water safety officers employed by the state or counties, attached as Exhibit J. 9. A proposed resolution urging 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, attached as Exhibit K. 10. A proposed bill providing the counties with liability protection for natural conditions on or near public beach parks, attached as Exhibit L. 11. A proposed resolution urging the legislature to provide funding for any activities mandated to any of the counties by the State of Hawaii, attached as Exhibit M. 12. . A proposed resolution urging the Governor and legislature to maintain the counties' share of the transient accommodations tax, attached as Exhibit N. 13. A bill, H.B. No. 1521, H.D. 1 (2011), requiring the recycling of electronic waste based on market share by weight and amending the conditions placed on electronic device manufacturer's recycling plans, attached as Exhibit 0. and 2 1.;(1-14*" CITY COUNCIL cd CITY AND COUNTY OF HONOLULU •' % HONOLULU, HAWAII No. 11-339, CD1, FD1 RESOLUTION BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. INTRODUCED BY: Stanley Chang DATE OF INTRODUCTION: November 9, 2011 Honolulu, Hawaii Councilmembers 3 • Page 2 of 4 . B. NCB. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS. BE IT ENACFEDBY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The Hawaii Revised Statutes 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 S -1 Definitions. For purposes of this chapter, unless 8 the context clearly requires otherwise: 9 "Traffic infraction" means the same as identified under 18 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. EXHIBIT/A p:oca:rsch:modifiable:ll-152b:skk Page3of4 . B. N . 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. 15 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 Statutes, 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:modifiab1e:11-152b:ekk Page 4 of 4 .B. NO. 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 S 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:oats:rsch:modifiable:11-152b:akk • JUSTIFICATION SHEET PROPOSER: County of Maui TITLE: A Bill for an Acl 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. patkne:t I.sost, Page2of5 O A BILL FOR AN ACT RELATING TO HOUSING. BE IT ENAC"1'ED 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 5 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 Statutes, 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, HIB�T B p:ocs:rsch:modifiab1e:11-152a:akk Page 3 of 5 . B. 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 [forty five] 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; p:ocs:rsch:modifjab1e:11-152a:skk Page4of5 . B. NO. 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:rsoh:modifiable:11-152a:skk Page 5 of 5 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. Jo SECTION 4. This Act shall take effect upon its approval. 11 12 • INTRODUCED BY: p:ocs:rsch:modifiab1e:11-152a:akk • JUSTIFICATION SHEET PROPOSER: County of Maui 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(aX3).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, HRS,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. MU*: I-205t. 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 RA.WAI'I: SECTION 1. Section 244D-4,Hawaii Revised Statutes,is amended to read as follows: 11244D-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; [ea]For the,p od July 1, 1998,[ ]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; EXHIBIT E (6) $0.54 per wine gallon on draft beer; On July 1.2Q13.and thereafter.the tax rate shall be: (1) $6.03 per wine gallon on distilled spirits; (2) $2.17 per wine gallon on saarklina 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. Lb) Beginning July 1.2013.the increase in the gallonage tax shall begin and the additional thirty percent ner 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 Hawaii to compensate it for Ibe expanse of collection. Taal revenues front this Act shall be kept by the respective counties in a special fund.and be accounted for as a separate ling item in their respective budgets, Ls) The tax collected for the perio 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 respec ive cam, ,unty dap ents wire t on end public service announcements utilized to reduce driving while under the influence of an intoxicant, 1(b)]!f1 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;mg (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 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. . 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. EXHIBIT F Page 2 r � r 110. 1 SECTION 2. Section 88-24, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "S88-24 Composition of board. The board of trustees shall 4 consist of [tight] ten members as follows: 5 (1) The director of finance of the State, ex officio; 6 (2) [Four] Five members of the system, [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; [e.] 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, Page3 . B. NCB. 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 CountiesL subject to 7 the advice and consent of the senate in the same 8 manner as trustees appointed by the governor, to serve 8 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. ..rte 1 SECTION 4. This Act shall take effect on July 1, 2030. 2 3 INTRODUCED BY: HOUSE OF REPRESENTATIVES 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 ENAC>IID BY THE LEGISLATORS OF THE STATE OF EAWAII: 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 allocaI:ed 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 dill enable FtE12 2411-2672 EXHIBIT G Pege2 H.B. NQ. !75 N.D.2 1 the effect of proposed benefit changes on the dounty'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 "887A-5 Composition of board. The board of trustees of 6 the employer-union health benefits trust fund shall consist of 7 ten trustees appointed [ ] in accordance with the 8 following procedure: 9 (1) Five trustees[-) appointed by the governor, one of 10 whom shall represent retirees, to represent employee- 11 beneficiaries and to be selected as follows: 12 (A) Three trustees shall be appointed from a list of 13 two nominees per trustee selected by each of the 14 three exclusive representative organizations that 15 have the largest number of employee- 16 beneficiaries; 17 (B) One trustee shall be appointed from a list of two 18 nominees selected by mutual agreement of the 19 remaining exclusive employee representative 20 organizations; and 21 HB175 H 2 HMS 2011-2672 • Pages KB. NO. H.Q.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, Haui1 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. NotwitharA*+dirg 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 nosinees 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 B11S 2011-2672 , Page4 H.B. NO. H.D.• 2 1 SECTION 3. Statutory material to be repealed is bracketed 2 and stricken. Neoc statutory material is underscored. 3 SECTION 4. This Act shall take effect on July 1, 2030. • • • • �an�0�.1-267a 4 Pew H.B. NO.• 7 H.D.2 Report Title: HSAC Package; Employer-Union Health Benefits Trust Pund; 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) • d od tion on B� Is for b�lcrmatkiwl piapoees o Wyand Ls Intent. • • 7175 HD2 HMS 2011-2671 .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 "9321- 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 Y PPin Y� g 16 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 EXHIBIT H Page 2 NO• I 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: 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 EXHIBIT I Paget H.C. R. NCB. 1 BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the 2 President of the United States,the Secretary of the U.S. Department of State,the 3 Secretary of the U.S.Treasury,the Governor,the President of the State Senate, and 4 the Speaker of the State House of Representatives. OFFERED BY: 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; i6 (6) Educational officers and other personnel of the 17 department of education under the same pay schedule; EXHIBIT J Page 2 .B. I\lc . 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; tenet] 9 (13) Professional and scientific employees, who cannot be 10 included in any of the other bargaining unite[-1 ; 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 . B. 1\J . 1 (2) For bargaining units (11) (ai4] , (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) , Page4 R 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; 6 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 [T] ; 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 16 date of impasse, the board shall immediately appoint a 18 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.• Nio. 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 8 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. Page 7 .B. NIO. 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. No. 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: 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 Thong Hui or Revive China EXHIBIT K 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 Page 3 H . C. R. N4. 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.C. R. NO. 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. NCO 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: • __.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[, une f- bk ucludce -ally public 13 ao amcndcd by Act 101, Scaoien Lawo of Hawaii 19991 ." 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 EXHIBIT L 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[, and shall be rcpcalcd on Junc 30, 2014] ." 5 SECTION 3. Act 170, Session Laws of Hawaii 2002, as 8 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(' providcd that ©cction 1 of the Act ohall be 12 repealed o Junc 30, 2014] ." 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: 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 291C(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 38 Legislature for the counties' expansion of their program of highway safety and traffic 37 code enforcement; and 38 EXHIBIT M H.C. R. NUJ. 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 Governor,the Senate President, and the Speaker of the House. 13 14 16 16 i7 OFFERED BY: • 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 28 Maui County - 22.8% 29 100.0% 30 and 31 EXHIBIT N 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: HOUSE OF REPRESENTATIVES 1521 TWENTY-SIXTH LEGISLATURE,2011 Ha w B NO, H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ELECTRONIC WASTE RECYCLING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 339D, Hawaii Revised Statutes, is 2 amended by adding four new sections to be appropriately 3 designated and to read as follows: 4 "5339D-A Annual reporting, determination of market share. 5 (a) Each electronic device manufacturer shall report annually 6 to the department its sales, by weight, of the manufacturer's 7 covered electronic devices in the State, categorized by type, to 8 the extent known. If the electronic device manufacturer is 9 unable to provide accurate sales data, it shall explain why the 10 data cannot be provided and estimate its sales data using a 11 method established by the department by rule. 12 (b) The department shall determine annually an electronic 13 device manufacturer's market share. An electronic device 14 manufacturer's market share shall be the percentage of the 15 weight of all covered electronic devices sold in the State 16 comprised of covered electronic devices sold by the electronic 17 device manufacturer. HB1521 ED1 HMS 2011-2305 EXHIBIT 0 Page 2 HB. N H.D. 1 1 (c) The department shall use the best available 2 information to establish the weight of all electronic devices 3 sold in the State, including but not limited to the reports 4 submitted pursuant to subsection (a) , state and national sales 5 data, and other reliable commercially available, supplemental 6 sources of information. 7 (d) Beginning March 15, 2012, and each year thereafter, 8 the department shall notify each electronic device manufacturer 9 of its recycling responsibility under section 339D-4, based on 10 the department's determination of its market share. 11 1339D-B Liability for stored information. An electronic 12 device manufacturer shall not be liable for any loss or misuse 13 of electronic data or other information that a consumer may have 14 stored on a covered electronic device that is recovered or 15 recycled by the electronic device manufacturer. 16 13391)-C 8avironamntal management. (a) All covered 17 electronic devices shall be recycled pursuant to this chapter` 18 in a manner that complies with applicable federal, state, and 19 county laws and requirements. 20 (b) The department shall adopt rules, pursuant to chapter 21 91, that include the Institute of Scrap Recycling Industries, HB1521 RD1 HMS 2011-2305 p 8 Page 3 H.B. 1 N.D. 1 1 c. 's Electronics Rec cliu eratin Practices as re irements 2 for re clip covered electronic devices. 3 933913-.D state procutrent. state or count a enc 4 that surchases or leases an covered electronic device shall 5 re" ire each •ro: "ective offeror to certi co",•liance with this 6 chaster. Failure to •rovide certification shall dis. = if the 7 ros ective offeror. " 8 SECTION 2. Section 339D-1, Hawaii Revised Statutes, is 9 amended as follows: 10 1. By amending the definitions of "brand", "covered 11 electronic device", "covered entity', "covered. covered television", 12 "recycling", and "retailer' to read: 13 "Brand" means a symbol, word, or mark that identifies a 14 covered electronic device (e a Ss t , ), rather than 15 any of its components. 16 "covered electronic device': 17 (1) Means [a] : 18 A) Ac computer, computer printer, computer monitor, 19 or portable computer with a screen Size greater 20 than four inches measured diagonall Y: teed] or 21 (B)_ A television with a screen size of nine inches or 22 larger as measured din ily, HB1521 HD1J0t8 2011-2305 Page 4 H . B. N H C11 1 and 2 (2) Shall not include: 3 (Al A covered electronic device that is a part of a 4 motor vehicle or any component part of a motor 5 vehicle assembled by or for a motor vehicle 6 manufacturer or franchised dealer, including 7 replacement parts for use in a motor vehicle; 8 (B) A covered electronic device that is functionally 9 or physically required as a part of a larger 10 piece of equipment designed and intended for use 11 in an industrial, commercial, or medical setting, 12 including diagnostic, monitoring, or control 13 equipment; 14 (C) A covered electronic device that is contained 15 within a clothes washer, clothes dryer, 16 refrigerator, refrigerator and freezer, microwave 17 oven, conventional oven or range, dishwasher, 18 room air conditioner, dehumidifier, or air 19 purifier; or 20 (D) A telephone of any type. " 21 'Covered entity° means any (houeehel ] person, government 22 entity, business, or nonprofit organization exempt from taxation HB1521 HD1 HMS 2011-2305 Page 5 H. B. NO H o., 1 under section 501(c) (3) of the Internal Revenue Code, regardless 2 of size or place of operation within the State. 3 ("Covered tcicviaion" 4 +-1-4.- Mean) "Television" means s any device that is capable 5 of receiving broadcast, cable, or satellite signals 6 and displaying television or video programming, 7 including without limitation any direct view or 8 projection television [with -a viewable acrccn of nine 9 inchco or larger] with display technology based on 10 cathode ray tube, plasma, liquid crystal, digital 11 light processing, liquid crystal on silicon, silicon 12 crystal reflective display, light emitting diode, or 13 similar technology marketed and intended for use by a 14 [hemew4m44t) person; 15 (-f2-)- Chall not include: 16 17 er--pa able--ear=. 18 19 21 22 HB1521 HD1 .ASS 2011-2305 H . B. 1521 NO. H.D. 1 1 •(C--)- A tcicvioion that io functionally or phyoically 2 required ao a part of a largor piece of equipment 3 dcoigncd and untended for uoc in an induotrial, 4 5 6i- 7 tclephonc;] or 8 4B4- ,] • 9 "Recycling" means processing (including disassembling, 10 dismantling, or shredding) covered electronic devices [ale 11 covered televisions] or their components to recover a useable 12 product; provided that 'recycling' does not include any process 13 defined as incineration under applicable laws and rules. " 14 'Retailer" means any person who offers covered electronic 15 devices [er c ----a o__k_i.em ] for sale, other than for resale 16 by the purchaser, through any means, including sales outlets, 17 catalogs, or the Internet. " 18 2. By deleting the definitions of "household", "market 19 share", and "television manufacturer'. 20 21 : _ _ _ : _ _ : _ - _ _ ' _ - - _. HB1521 HD1 HMS 2011-2305 Page 7 HB. N H.D. , 2 _ 3 "Market ahara" 4 -(43- Mcana the oaleulation of a tcicvioion manufacturcr'o 5 prior year's aalcn of television° divided by all 6 • 7 as e e--- y t-he 8 -(-2-} - - _ . _ - - 9 decimal fraction. 10 11 12 - : _ 13 14 15 16 brand that -the eel l er 17 18 20 Styer-- MB1521 KM HMS 2011-2305 Page 8 1521 H.B. Nc . H.D. 1 3 rcgiotcr ao the manufacturer for thooc producto; 4 6 that includca wholcoalcre or rctailcro in thin State; 7 ee 9 - - • -. - 10 11 manufactureo, s+ello, er ecocllo eovercd tcleviaione under--e 12 = __:.: : _ - : . _ _ _ • - . ._ _ -. ,: _. - • _:: _ 14 :- . : _ _ - . ..- . . - - ._-- - : _ -_ _ 15 43-)-r") 16 SECTION 3. Section 339D-4, Hawaii Revised Statutes, is 17 amended by amending subsections (c) and (d) to read as follows: 18 ° (c) By June 1, 2009, and annually thereafter, each 19 electronic device manufacturer shall submit a plan to the 20 department to establish, conduct, and manage a program for the 21 collection, transportation, and recycling of its covered H 1521 HD1 HMS 2011-2305 INIMMEIMEIM Page S N . B. NJ . 1 electronic devices sold in the State, which shall be subject to 2 the following conditions: 3 t , _ 4 == _ 5 6 7 9 10 11 rcqucot and if the remewl is set in conjunction with 13 (1) The plan shall include a description of the methods 14 for the convenient collection of covered electronic 15 devices at no cost to the covered entities. The 16 r cl lan shall rovide collection services of 17 covered electronic devices in each county of the 1$ state. In addition, for United States Postal Zip Code 19 areas with a population greater than twenty-five 20 thousand, the plan shall provide at least one of the 21 following services: 22 181 A staffed drop-off site; HB1521 D1 ffiis 2011-2305 } Page10 H . B. NO iS21. 1521 1 (B) Alternative collection service such as on-site 2 pick-up service; or 3 SCI Collection events which are periodically held at 4 an easily accessible, central location; 5 (2) Each electronic device manufacturer may develop its 6 own recycling program or may collaborate with other 7 electronic device manufacturers, so long as the 8 program is implemented and fully operational no later 9 than January 1, 2010[-] ; 10 (3) Each electronic device manufacturer's plan shall 11 provide for recycling covered electronic devices of an 12 amount equal in weight to its market share of covered 13 electronic devices sold in the State each year as 14 determined pursuant to section 339D-A; and 15 (4) Plans that contain only a mail-back option shall not 16 be allowed. 17 (d) By March 31, 2011, and annually thereafter, each 18 electronic device manufacturer shall submit a report to the 19 department of the total weight of all covered electronic devices 20 recycled in the previous year, which may include both an 21 electronic device manufacturer's own covered electronic devices 22 and those of other manufacturers. ' X1521 B1 HMS 2011-2305 Page 11 1521 H1B. NO" H,D. 1 1 SECTION 4. Section 339D-6, Hawaii Revised Statutes, is 2 amended to read as follows: 3 " [4-15339D-6[}] Department responsibility. (a) Beginning 4 January 1, 2010, the department shall maintain and update a • 5 website and a toll-free number with current information on where 6 covered entities can return covered electronic devices for 7 recycling. 8 (b) The department, in consultation with electronic device 9 manufacturers, shall develop an electronic device recycling 10 education program for consumers. " 11 SECTION 5. Section 339D-7.5, Hawaii Revised Statutes, is 12 amended to read as follows: 13 " [-f 18339D-7.5[41 Manufacturer and agent responsibilities= 14 regulatory compliance. Each electronic device manufacturer [and 15 to evi __ __ ' ` ] shall be responsible for ensuring that 16 the electronic device manufacturer and its agents follow all 17 federal, state, and local regulations when collecting, 18 transporting, and recycling covered electronic devices [er 19 ) , and adopt environmentally sound recycling 20 practices for the covered electronic devices [ar 'covcrcd 21 e] , " H81521 HD1_HMS 2011-2305 Pagei2 H . B. NO. 1521 1521 1 SECTION 6. Section 339D-6, Hawaii Revised Statutes, is 2 amended to read as follows: 3 •8339D-8 Enforcement. (a) The department may conduct 4 audits and inspections to determine compliance under this 5 chapter. Except as provided in subsection (c) , the department 6 and the attorney general shall be empowered to enforce this 7 chapter and take necessary action against any electronic device 8 [ ] or retailer for failure to comply 9 with this chapter or rules adopted thereunder. 10 (b) The attorney general may file suit in the name of the 11 State to enjoin an activity related to the sale of covered 12 electronic devices [en' covcrcd tcicvialeasi in violation of this 13 chapter. 14 (c) The department shall issue a warning notice to a 15 person for the person's first violation of this chapter. The 16 person shall comply with this chapter within sixty days of the 17 date the warning notice was issued or be subject to the 18 penalties provided by law or rule, including[71 but not limited 19 to[-,-) penalties set forth in subsections (d) through (g) . A 20 retailer that receives a warning notice from the department for 21 a violation of section 339D-3 (a) [er 339D 3 ` ] shall submit 22 proof to the department, within sixty days from the date the HH1521 HDl HIES 2011-2305 Page 13 1521 HB. NO. H.D. 1 1 warning notice was issued, that its inventory of covered 2 electronic devices (e r Bove ed tcleY;e_ eke] offered for sale is 3 in compliance with this chapter. 4 (d) Any retailer who sells or offers for sale an unlabeled 5 covered electronic device (e un abelet L ] in 6 violation of section 339D-3 [or 339D 34, rccpcctivcly,] or any 7 electronic device [or televioion] manufacturer that fails to 8 comply with any provision of section 339D-4 [or 339D 23, 9 rcopcctivcly, ) may be assessed a penalty of up to $10,000 for 10 the first violation and up to $25,000 for the second and each 11 subsequent violation, in addition to any additional penalties 12 required or imposed pursuant to this chapter. 13 (e) Except as provided in subsection (d) , any person who 14 violates any requirement of this chapter may be assessed a 15 penalty of up to $1,000 for the first violation and up to $2,000 16 for the second and each subsequent violation, in addition to any 17 additional penalties required or imposed pursuant to this 18 chapter. 19 (f) The department shall determine additional penalties 20 -based on adverse impact to the environment, unfair competitive 21 advantage, and other considerations that the department deems 22 appropriate. EB1521 ED1 EMS 2011-2305 E � Page 14 H.B. NO. 1521 H.D. 1 1 (g) If [o covcrcd tcicvioion] an electronic device 2 manufacturer fails to recycle its market share allocation, the 3 department shall impose a penalty of (50 ccnto] $ per 4 pound for each pound not recycled. " 5 SECTION 7. Section 339D-9, Hawaii Revised Statutes, is 6 amended by amending subsection (b) to read as follows: 7 " (b) Notwithstanding subsection (a) , the department shall 8 not have the authority to assess any fees, including an advanced 9 recycling fee, registration fee, or other fee, on consumers[r 12 aa] ." 13 SECTION 8. Section 339D-11, Hawaii Revised Statutes, is 14 amended by amending subsection (b) to read as follows: 15 " (b) The department shall compile the information 16 submitted by [ ] electronic device 17 manufacturers and issue a report to the legislature no later 18 than April 1, 2012, and annually each year thereafter." 19 SECTION 9. Section 339D-12, Hawaii Revised Statutes, is 20 amended to read as follows: 21 "8339D-12 Federal preemption. [ (a) Part II of thin] This 22 chapter shall be deemed repealed if a federal law or a H81521 HDI HMS 2011-2305 Page 15 H .B. Na 1521. 1521 I combination of federal laws takes effect that establishes a 2 national program for the collection and recycling of covered 3 electronic devices that substantially meets the intent of [pave 4 II of] this chapter, including the creation of a financing 5 mechanism for collection, transportation, and recycling of all 6 covered electronic devices from covered entities in the United 7 States. 8 [ (b) [Dart Iv} of this chapter shall be deemed repealed if -- _ _ _ _ - _ - 11 tclevi-cieeo that eu e-tantlento meets the intent of [part IV] of 12 this chapter.] " 13 SECTION 10. Chapter 339D, part IV, Hawaii Revised 14 Statutes, is repealed. 15 SECTION 11. No later than December 31, 2011, the 16 department of health shall adopt rules, pursuant to chapter 91, 17 that authorize the recovery and recycling of cathode ray tubes 18 in Hawaii to safely further the objectives of chapter 339D, 19 Hawaii Revised Statutes. 20 SECTION 12. In codifying the new sections added by section 21 1 of this Act, the revisor of statutes shall substitute HB1521 HO1 HMS 2011-2305 P8g8 f s H . B. ■ 1521 H..DD.. 1 1 appropriate section numbers for the letters used in designating 2 the new sections in this Act. 3 SECTION 13 . Statutory material to be repealed is bracketed 4 and stricken. New statutory material is underscored. 5 SECTION 14. This Act shall take effect upon its approval. 0B1521 ED1_ HMS 2011-2305 3' li CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 11-339, CD1, FD1 (OCS/112911/09:57/CT) Introduced: 11/09/11 By: STANLEY CHANG Committee: SAFETY, ECONOMIC DEVELOPMENT AND GOVERNMENT AFFAIRS Title: RESOLUTION RELATING TO THE 2012 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE. Links: RES11 339 RES11439,CD1, FDI(OCS/112911/09 57/CT)=; CR-347 Voting Legend: Y=Aye,Y*=Aye w/Reservations, N=No,A=Absent,ABN=Abstain SAFETY, 11/15/11 CR-347 — RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION AS ECONOMIC AMENDED IN CD1 FORM. DEVELOPMENT AND GOVERNMENT AFFAIRS COUNCIL 12/07/11 AMEND CD1,FD1 (OCS/112911/04:26/HM)(TB)TO CD1,FD1 (OCS/112911/09:57/CT) (SC). ANDERSON Y BERG N CACHOLA Y CHANG Y GABBARD N GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y RESOLUTION AMENDED TO CD1, FD1 (OCS/112911/09:57/CT). ANDERSON Y BERG N CACHOLA Y CHANG Y GABBARD Y GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y CR-347 AND RESOLUTION 11-339, CD1, FD1 (OCS/112911/09:57/CT) WERE ADOPTED. ANDERSON Y BERG N CACHOLA Y CHANG Y GABBARD r GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y I hereby certify t the above is a true record of action by the Council of the City and C•- of H• • • • • LUTION. BERNICE K.N.MAU,CITY CLERK RNEST Y.MARTIN,CHAIR AND PRESIDING OF - - Hawaii State Association of Counties Counties of Kauai,Maui and Hawaii.City&County of Honolulu I*1 g Ott MINUTES HSAC EXECUTIVE COMMITTEE MEETING December 23, 2011 Honolulu Hale, Council Committee Room Honolulu, Hawaii CALL TO ORDER The HSAC Executive Committee was called to order by President Mel Rapozo at 10:17 a.m. The following members comprised a quorum: County of Kauai: President Mel Rapozo County of Hawaii: Vice President Angel Pilago City and County of Honolulu: Alternate Ikaika Anderson County of Maui: Treasurer Joseph Pontanilla Others Present: Maui Councilmember G. Riki Hokama Honolulu staff Gavin Kennedy Honolulu staff Kekoa McClellan Honolulu staff Mark Segami Maui staff Kirstin Hamman Kauai staff Ashley Bunda II APPROVAL OF AGENDA The Committee approved the agenda. ill. MINUTES The Committee approved the minutes of the November 3, 2011, Executive Committee meeting. IV. REPORTS A. Treasurer's Report CLOP:77ftTL7 f L.UUI T L `' Vice President Pilago made a motion seconded by Treasurer Pontanilla to approve the Treasurer's Reports of October and November 2011. The motion was approved. B. County Reports 1. Maui County Report. None. 2. Hawaii County Report. Vice President Pilago reported that the Hawaii County Council has approved the fire code and is working on redistricting. He also passed on greetings from Hawaii County Council Chair Yagong. 3. City and County of Honolulu Report. Alternate Anderson informed members that Secretary Chang had provided President Rapozo with a communication clarifying reimbursement restrictions for HSAC travel. He noted that HSAC alternates are not provided travel reimbursement and stated that amending the bylaws may be needed in the future. Alternate Anderson also informed members that HSAC documentation would be available electronically on the Honolulu Clerk's docushare website. 4. Kauai County Report. President Rapozo reported that the Council passed a real property tax reform bill proposed by the Administration aimed at bringing equity to the real property tax system. He also informed members that Kauai County anticipates a $50 million surplus in the coming fiscal year. C. NACo Report Treasurer Pontanilla informed members that NACo is working on strategies to promote NACo among the local constituents and inform citizens of the work that NACo provides on the behalf of local governments. Maui Councilmember Riki Hokama reported that in preparation for the election of the NACo second vice president in 2012 various state associations are working on Hawaii's behalf in soliciting support for Hawaii as the next NACo second vice president. He stated that if enough state associations choose to support Hawaii in advance of the NACo Annual Conference the election for second vice president may be uncontested. President Rapozo stated that once Mr. Hokama is officially declared a candidate for NACo second vice president HSAC would put out a press release stating its strong support for him. Members agreed to pursue ways 2 to support Councilmember Hokama as a candidate for second vice president. V. UNFINISHED BUSINESS A. Discussion and approval of 2012 HSAC Annual Meeting dates. Treasurer Pontanilla made a motion seconded by Vice President Pilago to approve the 2012 HSAC Annual Meeting for June 21-22, 2012. The motion was approved. VI. NEW BUSINESS A. Communications The following items were received and filed: 1. Communication dated November 8, 2011, from Honolulu City Clerk Bernice K.N. Mau, transmitting to the HSAC Executive Committee a list of items approved by the Honolulu City Council for the 2012 HSAC legislative package. 2. Communication dated December 6, 2011, from Kauai Council Chair Furfaro, informing the HSAC Executive Committee of the actions taken regarding proposals to be included in the 2012 HSAC legislative package. 3. Communication dated December 8, 2011, from Hawaii County Council Chair Yagong, of the actions taken regarding proposals to be included in the 2012 HSAC legislative package. B. Discussion and approval of the Final Draft of the HSAC Legislative Package The following items were determined to have been approved by all four county councils and were approved by the Executive Committee to be included in the Final Draft of the 2012 HSAC Legislative Package: 1. Bill for an Act Relating to Traffic Infractions (Provides the Counties with a percentage of fines for uncontested traffic infractions) 2. Bill for an Act Relating to Housing (Increases the time for review of affordable housing projects submitted pursuant to Section 201H-38, HRS) 3 3. Bill for an Act Relating to the Employees' Retirement System (Provides the Counties with representation on the Board of the ERS) 4. Bill for an Act Relating to the Employer-Union Health Benefits Trust Fund (Provides the Counties with representation on the Board of the EUTF) 5. Bill for an Act Relating to Liability (Provides the Counties with liability protection for natural conditions on or near public beach parks) 6. Resolution urging the Governor and the Legislature of the State of Hawaii to preserve the Counties' share of the Transient Accommodations Tax C. Discussion and approval of HSAC resolutions Vice President Pilago made a motion seconded by Alternate Anderson to approve the following HSAC resolutions: 1. Resolution requesting the State Legislature to adopt House Bill 1521 amending Chapter 339D, HRS, regarding electronic waste recycling. 2. Resolution requesting that the State Department of Health amend HAR Title 11, Chapter 62, to establish up to a ten year exemption period to connect to a sewer system after installation of an individual wastewater system. D. Approval of$2,500 in seed money to Hawaii County Council to establish a checking account for the 2012 HSAC Annual Conference. Vice President Pilago made a motion seconded by Alternate Anderson to approve a $2,500 advance from HSAC to the Hawaii County Council for the 2012 HSAC Annual Conference. President Rapozo called for a recess at 11:07 a.m. President Rapozo reconvened the meeting at 11:20 a.m. E. Discussion regarding the hiring of an HSAC Executive Director, modification of membership structure, and corporate sponsorships. Honolulu staff member Kekoa McClellan made a presentation to the Executive Committee examining the advantages and disadvantages of hiring an Executive Director for HSAC. He stated that the members would 4 not be presented with a proposal to take action on at the current meeting. Central to the presentation was the fact that HSAC currently has no official staff; HSAC work is done by the various councils often taking away from other duties of staff members. An Executive Director would provide institutional knowledge and experience crucial to increasing the effectiveness and functions of HSAC, including maintaining continuity when member counties change positions and duties. Mr. McClellan proceeded to explain the advantage of opening membership in HSAC to corporations, which would allow HSAC to increase revenues. He pointed out that such a change to HSAC membership would be most beneficial in conjunction with an Executive Director as council staff may be restricted from certain interactions with private entities, including solicitation of funds. Mr. McClellan explained that the duties of an HSAC Executive Director would include lobbying the State and Federal governments, managing the organization, working well with all four counties, and fundraising. He stated that a possible salary would be between $36,000 and $48,000 and that after all other costs are included, the position would cost HSAC between $63,000 and $87,000 per year. Mr. McClellan stated that at such a cost the Executive Director would need to find ways to raise revenue in order for HSAC to afford the position without raising dues to member counties. Honolulu staff member Mark Segami explained some of the means by which HSAC could raise revenue other than dues charged to the county councils. Corporate memberships may be an option and are used in other state associations. In return for membership the organization must provide a benefit such as directories of government officials, reduced fees for conference attendance, and providing advertising space in HSAC publications. Another means of revenue generation is the U.S. Communities purchasing program which provides a percentage of all proceeds of purchases by a member county to the state association. Mr. Segami and Mr. McClellan agreed that there are many other opportunities for revenue generation and that these opportunities could be most easily pursued under the direction of an Executive Director. President Rapozo called for a recess at 11:39 a.m. President Rapozo reconvened the meeting at 11:44 a.m. Mr. Segami concluded by stating that by pursuing revenue generating opportunities in conjunction with hiring an Executive Director HSAC would be able to address some of its current problems in continuity and effectiveness. 5 Vice President Pilago thanked Mr. McClellan and Mr. Segami for their research and presentation. He stated that he had believed that the main focus of an Executive Director should be serving the Executive Committee and lobbying the State Legislature, in addition to increasing the political credibility of the organization. Treasurer Pontanilla stated his appreciation for the briefing and said he would examine the proposal further and share it with members of his council. President Rapozo also thanked Mr. McClellan and Mr. Segami for their presentation. He added that if HSAC proceeds with hiring an Executive Director the bylaws would need to be amended and a job description would need to be approved in order to delineate the duties and responsibilities of the position. He clarified that any such person would serve at the will of the Executive Committee of HSAC. He also noted that HSAC has enough reserve funds to hire someone for the position in the first year and not increase dues on member counties. President Rapozo also raised concerns about perceived conflicts of interest in cases of corporate membership of HSAC. The item was deferred. VII. ANNOUNCEMENTS A. Schedule next meeting. The Executive Committee meeting was scheduled for January 13, 2012 at Honolulu Hale. B. Other Announcements None. VIII. ADJOURNMENT There being no further business, the meeting was adjourned at 12:14 p.m. Very truly yours, STANLEY C Secretary Hawaii State Association of Counties 6 Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii & City & County of Honolulu AGENDA HSAC EXECUTIVE COMMITTEE MEETING Friday, February 10, 2012 at 10:00 a.m. Honolulu Hale, Committee Meeting Room Honolulu, Hawaii I. CALL TO ORDER II. APPROVAL OF AGENDA III. MINUTES A. Minutes of the January 13, 2012 HSAC Executive Committee Meeting. IV. REPORTS A. Treasurer's Report 1. Treasurer's Report for the month of January 2012, submitted by the HSAC Treasurer. 2. Fiscal Year 2013 Proposed Annual Operating Budget B. County Reports 1. County of Maui Report 2. County of Hawaii Report 3. City and County of Honolulu Report 4. County of Kaua`i Report V. UNFINISHED BUSINESS A. Discussion regarding the hiring of an HSAC Executive Director, modification to membership structure, and corporate sponsorships. B. Discussion regarding amendments to the HSAC Bylaws. 4396 Rice Street,Suite 209,Lihu`e,Kauai,Hawai`i 96766, (808) 241-4188 Hawai`i State Association of Counties (HSAC) Counties of Kaua`i, Maui, Hawaii & City & County of Honolulu W. NEW BUSINESS A. Communication (dated January 23, 2012) from HSAC President Mel Rapozo, requesting the presence of the State's Chief Procurement Officer, to discuss the current cooperative purchasing agreement. B. Communication (dated February 3, 2012) from HSAC President Mel Rapozo, requesting agenda time to discuss the approval of travel expenses for the presentation to all counties relating to the proposed HSAC State Director position. VII. ANNOUNCEMENTS A. Schedule next meeting B. Other announcements VIII. ADJOURNMENT 4396 Rice Street,Suite 209,Lihu'e,Kauai,Hawaii 96766, (808) 241-4188 Hawaii State Association of Counties Counties of Kauai.Maui and Hawaii,City&County of Honolulu a. S: $.:.. o wY MR^ • MINUTES HSAC EXECUTIVE COMMITTEE MEETING January 13, 2012 Honolulu Hale, Council Committee Room Honolulu, Hawaii I. CALL TO ORDER The HSAC Executive Committee was called to order by President Mel Rapozo at 10:08 a.m. The following members comprised a quorum: County of Kauai: President Mel Rapozo County of Hawaii: Alternate Brittany Smart City and County of Honolulu: Secretary Stanley Chang County of Maui: Treasurer Joseph Pontanilla Others Present Kauai Alternate KipuKai Kualii Honolulu Councilmember Nestor Garcia Honolulu staff Gavin Kennedy Honolulu staff Kekoa McClellan Maui staff Kirstin Hamman Kauai staff Ashley Bunda II. APPROVAL OF AGENDA The Committee approved the agenda. III. MINUTES The Committee approved the minutes of the December 23, 2011, Executive Committee meeting. IV. REPORTS ,,,•. A. Treasurer's Reports OCS/013012/11:15/YL 4. Kauai County Report. President Rapozo reported that the council is considering a charter amendment to provide the council with legal representation and removing mayor-appointed county attorney as the council's attorney. The council is also requesting the state legislature examine the business practices of Hawaiian Airlines with respect to interisland fare increases. President Rapozo also informed members that the council is working on issues related to waste management, landfills, and a community benefits program. V. UNFINISHED BUSINESS A. Discussion regarding the hiring of an HSAC Executive Director, modification to membership structure, and corporate sponsorships. Mr. Kekoa McClellan distributed a draft job description for an HSAC Executive Director to the members and briefly summarized the document. He requested that Executive Committee members review the draft and provide him with any comments, corrections or suggestions. President Rapozo thanked Mr. McClellan for his work and commented that it may be difficult to find a candidate interested in doing the work for the proposed pay. Mr. McClellan replied that due to HSAC's financial constraints and the requirements of the job any candidate for the job would likely not consider it as an exclusive arrangement and would have other concurrent employment. Mr. McClellan also stated that he would be sharing the job description with the Honolulu Ethics Commission for their input. President Rapozo stated that the next step would be for each county council to be presented the proposals regarding an HSAC Executive Director, modification to membership, and corporate sponsorships. He stated that while he supported the concept of creating a position of HSAC Executive Director, the full councils should be presented with the concepts so that a full discussion may be had at each county.Alternate Smart agreed with President Rapozo and offered to place the item on a Hawaii County Council agenda. Treasurer Pontanilla stated that because budget discussions were approaching for all counties it may be difficult for a decision to occur soon. President Rapozo reiterated that each council should receive a briefing on the subject so that each county could examine the issue. Honolulu Councilmember Garcia commented that the Executive Director would be responsible to represent the organization and the counties, in addition to providing continuity for the organization. He stated that he 3 VIII. ADJOURNMENT There being no further business, the meeting was adjourned at 11:32 a.m. Very truly yours, STANLEY C'f. G Secretary Hawaii State Association of Counties 5 .. Hawai`i State Association of Counties (HSAC) Counties of Kauai, Honolulu, Maui, & Hav i -1 :t..,...; -z January24, 2012 '12 JAN 27 A1Q :56 President Mel Rapozo and Executive Committee Members THE C _ Dear President Rapozo: GAUNT SUBJECT: FISCAL YEAR 2013 PROPOSED ANNUAL OPERATING BUDGET As ;Treasurer of they'°tail to Association of Counties (HSAC), I am submitting the attached propdse :`mat operating budget for Fiscal Year (FY) 2013. The proposed budget details incorporate the following assumptions and changes: 1. Membership Fees of$10,920 for eachrsenrikkwill remain the same. 2. Conference Income will reflect proximal & $10,000 for the June conference that the County of Haw 4i t?$i , ing. 3. Interest Income will increase by $ :based , an average of $2.75 per month. {... 4. The budget will increase by $4,326 for FY 2013, due to the $1 increase in Interest Income and$4,325 increase in the Fund Balance fr N,2011. 5. ~Exec tive Committee Travel will remain the same ($300°x 3 me x 4 t t,xe ►t ry '►� ittee Auditing/Professional Services uwill remain the A Y z'."•s a V ki' �� z. same. ,1 ,x, 4 tL ..<'., 4 7'. cute Co pitee Miscellaneous will be reduced by $5, 60 to $1,100 i t= (a35 x 10 meeltin_ plus $750 for legislative activities). During FY 2012, the hxcctitive 'Y. • ft ittee Miscellaneous was increased by $5,000 to ,# , $6,100,',to allow fq I a donation of$5,000 to the Pacific Gateway Center in ' , support of the 0j Counties of Hawaii: Sister-Cities Summit. A similar \:':,„', darn is;not . fxrcipated for FY 2013. 8. Special C• !Q Ire Travel will remain the same. 9y 1, ,;Spec ' R 4 ' ee Miscellaneous will remain the same. +,i•* •r,el-Board will remain the same ($1,200 x 3 Board Directors x 3 meetings). 11. NACo Travel-Steering Committees will remain the same ($1,200 x 2 Steering Committee members x 2 meetings). 12. NACo and WIR dues will remain the same. 13. WIR Travel will remain the same ($1,200 x 2 Board Directors x 3 meetings). 14. WIR Miscellaneous and NACo Miscellaneous ($1,000 each) will remain the same. These miscellaneous funds are appropriated for congressional luncheons and contingencies. 4396 Rice Street,Suite 209,Lihu`e,Kauai,Hawaii 96766,(808)241-4188 January 25,2012 Page- 2 - 15. Adjustments for Travel and Related Expenses will increase by $9,326 to $17,058. The increase includes additional revenue of $1 for Interest Income and $4,325 for Fund Balance, and a decrease in expenses of $5,000 for Executive Committee Miscellaneous. 16. The National Conference Fund will remain the same at$50,000. 17. A notation is included to reflect the payment and receipt of annual conference seed money. It is my recommendation that all four counties submit their approval or disapproval t:If the proposed annual operating budget to the HSAC Executive Committee before the.May 2012 meeting of tlj .Ji$,AC Executive Committee. Sincerely yours, A ' TANILLA H A C. lreqs r Attachment ocs:prof:hsac:FY2013:ltr:b udgetcover:kmh ,z.,,,,,, ., . , ,,,,,,,,,. .. „ ,, .. ,,,,, . ,, ,,„ , , ,, „ ,. .,. {�Y4 ra\ I 8 ,, t '; pi s }}.1' 114= - HSAC FISCAL YEAR(FY) 2013 PROPOSED BUDGET FY2012 FY 2013 Proposed Budget Budget REVENUES 1. Membership Fees $43,680 $43,680 2. Conference Income $10,000 $10,000 3. Interest Income $32 $33 4. Corporate Sponsorship $0 $0 Total Revenues $53,712 $53,713 Fund Balance, prior FY $80,742 $85,067 TOTAL REVENUES AND FUND BALANCE $134,454 $138,780 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 $6,100 $1,100 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 $7,732 $17,058 2. National Conference Fund $50,000 $50,000 TOTAL EXPENDITURES $134,454 $138,780 BALANCE $0 $0 Rec'd.for Pd.for 2013 ANNUAL CONFERENCE SEED MONEY 2012 Conf. Conf. $2,500.00 $2,500.00 ocs:proj:hsac:FY2013:misc:budget:kmh Hawai`i State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii & City & County of Honolulu January 23, 2012 RECErviEr.i Mr. Aaron Fujioka Administrator '12 JAN 24 !I$ :39 State Procurement Office P.O. Box 119 Honolulu, HI 96810-0119 THE C h g ' COU , �;; . Dear Mr. Fujioka: The Hawai`i State Association of Counties (HSAC) Executive Committee would like to request your presence at its February 10, 2012 HSAC Executive Committee Meeting held at the Honolulu Hale Committee Meeting room scheduled for 10:00 a.m., and would like to discuss the current Cooperative Purchasing Agreement. Please contact Ashley Bunda, Legislative Assistant, County of Kaua`i Council Services Division, at (808) 241-4190 to confirm your attendance. Your attention and presence at the February 10, 2012 HSAC Executive Committee Meeting is appreciated. Sincerely, AlrAf MEL RAPOZO President cc: February 10, 2012 HSAC Executive Committee Meeting Agenda AB:V:\MichalNakashima\mr 2011-2012\Letter to State Procurement Office 2012-455.doc 4396 Rice Street,Suite 209, Lihu`e,Kauai, Hawaii 96766, (808) 241-4188 Hawai`i State Association of Counties o on -- Counties of Kaua`i, Maui, Hawaii 8c City & County u 12 FEB -3 nil 53 MEMORANDUM THE co .go COUNT f February 3, 2012 TO: HSAC Executive Committee Members FROM: Mel Rapozo, HSAC President MA)�,� RE; APPROVAL OF TRAVEL EXPENSES FOR THE PRESENTATION TO ALL COUNTIES RELATING TO THE PROPOSED HSAC STATE DIRECTOR POSITION In response to a letter dated January 30, 2012 from HSAC Treasurer Joseph Pontanilla (attached for your reference), this is to request that an agenda item be placed on the February"`10, 2012 Executive Committee Meeting agenda, which relates to the approval of travel expenses for the presentation to all counties relating to the proposed HSAC State Director position. Your attention to this matter is appreciated. Should you have any questions, please feel free to call me at the County of Kaua`i Council Services Division at (808) 241-4188. Attachment. 4396 Rice Street,Suite 209,Lihu`e,Kauai,Hawaii 96766, (808) 241-4188 l,tg(ft Hawaii State Association of Counties (HSAC) Counties of Kauai, Honolulu, Maui, & Hawai`i January 30, 2012 Councilmember Nestor Garcia Honolulu City Council 530 South King Street, Room B-202 Honolulu, Hawaii 96813 SUBJECT: REIMBURSEMENT FOR TRAVEL—PRESENTATION TO `TH1 Hi WAII COUNTY COUNCIL GOVERNMENT A 'AIRS COMMITTEE,JANUARY 19,2012 Dear Councilmember Garcia: You have submitted a request dated January 24, 2012,fO •reimbursement of$46L85 to cover travel and related expenses incurred on January 19, 2012,'toriake a presentation to the Hawaii County Council Government Affairs Committee. I am enclosing a copy of your request for your convenience. Section 20 of the Hawaii State Association of Counties(HSAC)Bylaws limits HSAC's responsibility to pay for travel expenses to four specific categories: (1) ExecutivcCornmittee officers to atten4 e a lual HSAC meeting and each Executive Committee Meeting;t?)Council members wilt/' erve on tile-1 gards of the National Association of Counties'(NACo) or flag Western Interstate Region(„W114-in the conduct of official business; (3) metpbers of an FISAC speciarcommittee to attend Tree ' s of the special committee and, when requested,meetings of the;Executive Committee, a`id(4twq NACo steering committee members to attend meetings of thsteering committee r1 .1 Because your request`does not qualify for payment under Section 20 of the HSAC Byiews, I am unable to authorize reisrnbursement. Please call me or Legislative Attorney Kii§(t Hamman at(8085 270=7134 ikyou have any questions. Sincerely, ,40 ,,0071 -,//, /JOSEPH PONTANILLA HSAC Treasurer Enclosure ocs:prof:hsac:fy2012:1tr.120127reimbdenial:kmh 4396 Rice Street,Suite 209,Gihtee,Kauai,Hawaii 96766,(808) 241-4188