HomeMy WebLinkAboutRES 319 Draft 01 2010-2012 COUNTY OF HAWAII - ••� • STATE OF HAWAII
• �tF OF•N�'i,
RESOLUTION NO. 319 12
A RESOLUTION RELATING TO PROPOSALS FOR INCLUSION IN THE 2013
HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PACKAGE.
WHEREAS, proposals have been submitted by member counties of the Hawaii State
Association of Counties (HSAC) for consideration and adoption by the Hawai`i County Council
for inclusion in the 2013 HSAC Legislative Package; and
WHEREAS, at its meeting of September 11, 2012, and October 12, 2012, the HSAC
Executive Committee approved for inclusion in the 2013 HSAC Legislative Package: five
proposals submitted by Hawai`i County, one proposal submitted by Maui County, nine proposals
submitted by the City and County of Honolulu, two proposals submitted by Kaua`i County, and
one proposal submitted by HSAC; and
WHEREAS,timely action and concurrence by all four counties is required to approve
each proposal for inclusion in the 2013 HSAC Legislative Package to be presented to the State
Legislature when it convenes in session on January 18, 2013; and
WHEREAS, the HSAC President and the members of the HSAC Executive Committee
have set a deadline of December 6, 2012 for all counties to approve proposals to be included in
the final package; and
WHEREAS,proposals submitted by the respective counties are listed below and copies
of the Justification Sheet and the proposed Bills are attached hereto as Exhibit A and made a part
hereof:
1. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCT
BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING (County
of Hawai`i)
2. A BILL FOR AN ACT RELATING TO THE DEFINITION OF INDIGENT
AND PARTIALLY INDIGENT (County of Hawai`i)
3. A BILL FOR AN ACT RELATING TO GALLONAGE TAX ON LIQUOR
(County of Hawai`i)
4. A BILL FOR AN ACT RELATING TO FOOD LABELING (County of Hawai`i)
5. A HOUSE CONCURRENT RESOLUTION REQUESTING THE STATE OF
HAWAII CHIEF ELECTION OFFICER AND ELECTIONS COMMISSION
TO ESTABLISH A MECHANISM TO MONITOR THE COUNTIES'
READINESS TO CONDUCT AN ELECTION AND TO INTERVENE IF
NECESSARY (County of Hawai`i)
6. A BILL FOR AN ACT RELATING TO FOOD LABELING (County of Maui)
7. A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE (City and
County of Honolulu)
8. A BILL OR AN ACT RELATING TO LANDOWNER LIABILITY (City and
County of Honolulu)
9. A BILL FOR AN ACT RELATING TO VOTING (City and County of Honolulu)
10. A 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 (City and
County of Honolulu)
11. A RESOLUTION/CONCURRENT RESOLUTION URGING THE GOVERNOR
AND THE LEGISLATURE OF THE STATE OF HAWAII TO PRESERVE
THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX
(City and County of Honolulu)
12. A BILL FOR AN ACT RELATING TO HAWAII EMPLOYER-UNION
HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES (City and County
of Honolulu)
13. A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT
SYSTEM (City and County of Honolulu)
14. A BILL FOR AN ACT RELATING TO ELECTRONIC WASTE RECYCLING
(City and County of Honolulu)
15. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS (City and
County of Honolulu)
16. A BILL FOR AN ACT RELATING TO ENERGY RESOURCES (County of
Kaua`i)
2
17. A BILL FOR AN ACT RELATING TO AFFORDABLE HOUSING CREDITS
(County of Kaua`i)
18. A BILL FOR AN ACT RELATING TO THE PUBLIC LAND DEVELOPMENT
CORPORATION (HSAC Proposal); now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
proposals attached to this Resolution as Exhibit A are hereby approved and adopted for inclusion
in the 2013 Hawai`i State Association of Counties Legislative Package.
BE IT FINALLY RESOLVED, that copies of this Resolution be transmitted by the
County Clerk to the HSAC President.
Dated at , Hawai`i, this day of , 2012.
INTRODUCED BY:
CO I f EMB ' , CO 4 TY OF HAWAI`I
COUNTY COUNCIL
County of Hawai`i
Hilo, Hawai`i
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai`i on
ATTEST:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
3
ROLL CALL VOTE
Reference: C- 899 /Waived GRC
RESOLUTION NO. 3:19 12
AYES
NOES
ABS
EX
BLAS
FORD
HOFFMANN
IKEDA
ONISHI
PILAGO
SMART
YAGONG
YOSHIMOTO
Reference: C- 899 /Waived GRC
RESOLUTION NO. 3:19 12
EXHIBIT A
Hawai`i State Association of Counties (HSAC)
Counties of Kauai, Maui, Hawaii & City & County of Honolulu
October 15, 2012
The Honorable Dominic Yagong, Council Chair
and Members of the Hawai`i County Council
Hawai`i County Building
25 Aupuni Street, Suite 1402
Hilo, HI 96720
Dear Council Chair Yagong and Members of the Hawai`i County Council:
Attached for your consideration are proposals to be included in the 2013
Hawai`i State Association of Counties (HSAC) Legislative Package, which were
approved by the HSAC Executive Committee on September 11, 2012 and
October 12, 2012. Please note that the deadline for Counties to approve the
proposed package has been extended until December 6, 2012. Proposals to be
included in the final package must be approved by all four Counties, and will then
be reviewed by the HSAC Executive Committee at its December meeting.
1. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCT
BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING
(County of Hawaii)
2. A BILL FOR AN ACT RELATING TO THE DEFINITION OF
INDIGENT AND PARTIALLY INDIGENT (County of Hawai`i)
3. A BILL FOR AN ACT RELATING TO GALLONAGE TAX ON
LIQUOR (County of Hawai`i)
4. A BILL FOR AN ACT RELATING TO FOOD LABELING (County of
Hawai`i)
5. A HOUSE CONCURRENT RESOLUTION REQUESTING THE
STATE OF HAWAII CHIEF ELECTION OFFICER AND
ELECTIONS COMMISSION TO ESTABLISH A MECHANISM TO
MONITOR THE COUNTIES' READINESS TO CONDUCT AN
ELECTION AND TO INTERVENE IF NECESSARY (County of
Hawai`i)
6. A BILL FOR AN ACT RELATING TO FOOD LABELING (County of
Maui)
7. A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE (City
and County of Honolulu)
8. A BILL FOR AN ACT RELATING TO LANDOWNER LIABILITY
(City and County of Honolulu)
4396 Rice Street,Suite 209,Lihu`e, Kauai, Hawaii 96766, (808) 241-4188
2013 HSAC Legislative Package
October 15, 2012
2
9. A BILL FOR AN ACT RELATING TO VOTING (City and County of
Honolulu)
10. A 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 (City and County of Honolulu)
11. A RESOLUTION/CONCURRENT RESOLUTION URGING THE
GOVERNOR AND THE LEGISLATURE OF THE STATE OF
HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE
TRANSIENT ACCOMMODATIONS TAX (City and County of
Honolulu)
12. A BILL FOR AN ACT RELATING TO HAWAII EMPLOYER-UNION
HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES (City
and County of Honolulu)
13. A BILL FOR AN ACT RELATING TO THE EMPLOYEES'
RETIREMENT SYSTEM (City and County of Honolulu)
14. A BILL FOR AN ACT RELATING TO ELECTRONIC WASTE
RECYCLING (City and County of Honolulu)
15. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS (City
and County of Honolulu)
16. A BILL FOR AN ACT RELATING TO ENERGY RESOURCES
(County of Kaua`i)
17. A BILL FOR AN ACT RELATING TO AFFORDABLE HOUSING
CREDITS (County of Kaua`i)
18. A BILL FOR AN ACT RELATING TO THE PUBLIC LAND
DEVELOPMENT CORPORATION (HSAC Proposal)
Your attention and consideration is greatly appreciated. Should you have any
questions, please feel free to call the Office of the County Clerk, County of Kaua`i, at
(808) 241-4188.
Sincerely,
MEL RAPOZO
HSAC President
AB/cy
Attachments.
cc: K. Angel Pilago, HSAC Vice President
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO AGRICULTURAL PRODUCT BRANDING AND
COUNTRY OR REGION OF ORIGIN LABELING IN HAWAI`I
REVISED STATUTES, SECTION 486.
PURPOSE: To amend HRS Chapter 486 on branding agricultural products and
labeling with the country or region of origin to protect Hawai`i's regional
crops and our growers investment, ,provide protection of the consumer,
prevent misleading information on labels, be informative to all parties of
interest, create an identity for Iiawai`i agricultural products, increase the
minimum percentage in blends of any product to 75% before a Hawaiian
or Hawai`i regional name may be placed on the label, and equalize all
agricultural products in the way products are labeled and blended.
MEANS: Amend HRS Chapter 486 to make all agricultural products fairly and
accurately labeled with a minimum percentage of Hawaiian products and
country or region of origin so the consumer knows exactly what they are
buying from the front label.
JUSTIFICATION: Milk products require 90%of the product to be produced in Hawai`i
before the name of"Island Fresh" may be allowed on the label. However,
other Hawaiian products, coffee, tea, vanilla, and macadamia nuts
products are allowed to have as low as 10% Hawaiian product and be
labeled with a Hawaiian regional name and the word,"blend". This is
discriminatory, disadvantages the growers, confuses the consumer,
degrades our Hawaiian products, and makes a mockery of the regional
quality of our products. Additionally, HRS 486 specifically and in
numerous sections,prohibits unfair or misleading the consumer, or
misrepresents the origin of the product. HRS 486-110 specifically states
"measure of any commodity for sale reflects accurate information and fair
measurement practices to all concerned". Section 486 needs to be
amended to protect the growers and consumers.
EXHIBIT A
. B . NO .
A BILL FOR AN ACT
RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION
OF ORIGIN LABELING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Hawai 'i Revised Statutes, Chapter 486,
2 Measurement Standards, Part V, Measurement Standards, Uniform
3 Packaging and Labeling is amended to add a new section 486-
4 120 . 7 to read as follows:
S "§486-120 . 7 Agricultural product branding and country or region
6 of origin labeling.
7 (a) All agricultural products grown, packaged, or sold in
8 Hawai 'i shall conform to the following conditions:
9 Honey, macadamia nuts, coffee, tea, vanilla, and any other
10 plant or animal products for which any information or name
11 indicating "Hawai 'i", "Hawaiian", or any region of Hawai 'i,
12 and where the product is less than 100% grown in Hawai 'i,
13 shall after the word "Contains : " list on the front label
14 the country or region of origin and the percentage of each
15 country' s or region' s portion of the product in descending
16 order of percentage and in font size at least equal to one-
17 half the size of the largest font on the front label .
Ex A proposed State bill Ag Product Branding&Country of Origin Labeling 7-25-12
EXHIBIT A
Paget
. B • N
1 (Spices are exempted unless spice is the major portion of
2 the product . )
3 (b) All agricultural products claiming to be 100% grown in
4 Hawai 'i shall be labeled to conform to the following condition:
5 (1) A minimum of 100% Hawai 'i-grown product shall be
6 included in the package for the front label to say,
7 with or without Hawaiian okinas, in a font size at
8 least equal to one-half the size of the largest font:
9 "100% Hawai 'i (product) " or "Hawai 'i (product) "
10 "100% Hawai 'i-Grown (product) " or "Hawai 'i-Grown
11 (product) ";
12 "100% Grown in Hawai 'i";
13 "100% Hawaii-Made (product) " or "Hawai 'i-Made
14 (product) " ;
15 "100% Hawaiian-Made (product) " or "Hawaiian-Made
16 (product) ";
17 "100% Made in Hawai 'i"; or
18 "100% Hawaiian (product) " or "Hawaiian (product) " .
19 (2) Spices are exempted unless spice is the major portion
20 of the product.
Ex A proposed State bill Ag Product Branding&Country of Origin Labeling 7-25-12
EXHIBIT A
Page 3 . B • Ni .
1 (c) All agricultural products claiming to be 100% grown in a
2 single Hawaiian region shall be labeled to conform to the
3 following conditions :
4 (1) A minimum of 100% of the Hawaiian regionally-grown
5 product shall be included in the package for the front
6 label to say, with or without Hawaiian okinas, in a
7 font size at least equal to one-half the size of the
8 largest font :
9 (A) Regional names :
10 "100% (Region) (product) " or " (Region)
11 (product) " ;
12 "100% (Region) -Grown (product) " or " (Region) -
13 Grown (product) ";
14 "100% (Region) -Made (product) " or " (Region) -Made
15 (product) " ; or
16 "100% (Region) (product) ".
17 (B) In the case of a blend that contains 100%
18 products from multiple Hawaiian islands :
19 "100% Hawaiian Islands (product) ' Blend" or "100%
20 Hawaii Islands (product) Blend" .
Ex A proposed State bill Ag Product Branding&Country of Origin Labeling 7-25-12
EXHIBIT A
Page4
. B . NO •
1 (2) Spices are exempted unless spice is the major portion
2 of the 2roduct.
3 (d) All packaging and labeling for products claiming to contain
4 some but less than 100% Hawai 'i-grown product shall conform to
5 the following conditions :
6 ( 1) A blended plant or animal product labeled with the
7 words "Hawai 'i" "Hawaiian" or the name of any Hawaiian
8 region (e.g. "75% Kona Coffee Blend") shall :
9 (A) Contain a minimum of 75% of that named region' s
10 agricultural or animal product, and shall use the
11 word "Blend" in the identification of the
12 product;
13 (B) List the percentage number of the majority
14 portion of the product (e. g. "75% (region)
15 (product) ") ; and
16 (C) List after the word "Contains : " in descending
17 order, and after the majority content, the
18 remainder of the product by percentage and
19 country or Hawaiian region of origin, with or
20 without okinas, for example:
Ex A proposed State bill Ag Product Branding&Country of Origin Labeling 7-25-12
EXHIBIT A
Page5
• B . NO .
1 "15% Argentina (product) " and "10% Congo
2 (product) ";
3 "15% Argentina (product) " and "10% Mau 'i
4 (product) "; or
5 "25% Mau 'i and Kaua 'i (product) " (The bulk
6 listing of percentages shall be allowed for
7 Hawaiian regions only) ; and
8 (D) The labeling required in (1) , (2) , and (3) above
9 shall be printed on the front label in a font
10 size at least equal to one-half the size of the
11 largest font on the front label .
12 (2) Any blended product that contains less than 75% of a
13 Hawaiian product shall not use the names "Hawaili"
14 "Hawaiian" or any Hawaiian regional name on the front
15 label, except in the contents list which shall
16 identify on the front label the countries or
17 geographic regions of origin for the entire product
18 with the percentage for each country' s or region' s
19 portion of the product in a font size at least equal
20 to one-half the size of the largest font on the front
21 label . "
Ex A proposed State bill Ag Product Branding&Country of Origin Labeling 7-25-12
EXHIBIT A
Page 6
• w I\I .
t SECTION 2 . Nothing stated on side or back labels on any
2 product subject to this section shall be inconsistent with
3 statements appearing on the front label .
4 SECTION 3 . To the extent the provisions of this section
5 are inconsistent with the labeling requirements of HRS Sections
6 486-120 . 5, 486-120 . 6, or 486-119, or any other statutory
7 section, the provisions of this section shall apply.
8 SECTION 4 . New material is underscored. In printing this
9 ordinance, the underscoring need not be included.
10 SECTION 5. The effective date of this ACT shall be 18
11 months from the date the legislation is passed by the State
12 Legislature. The passage of this ACT shall begin the 18-month
13 time period for the effective date to take effect.
14
15 INTRODUCED BY:
16
Ex A proposed State bill Ag Product Branding&Country of Origin Labeling 7-25-12
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawai`i State Association of Counties
TITLE: RELATING TO DEFINITION OF INDIGENCY
PURPOSE: To promote fairness and consistency within our judicial system, it is
proposed that the State of Hawai`i reconsider the current indigency
definition, establish a screening program for financial need and third
party review, and adopt a process which would clearly delineated the
circumstances in which court-appointed counsel is necessary.
MEANS: Amend HRS 802-4 to:
(a) Include a concrete definition of indigency to allow non-objective
determination of annual income and other resources. Consider that
if a criminal defendant is receiving some variety of public
assistance,they may be deemed indigent;
(c) Establish indigency at one hundred twenty-five percent(125%) or
less of the current federally established poverty level;
(d) Include a"partially indigent"designation, which requires criminal
defendants to reimburse the state for a portion or all of the cost of
court-appointed counsel;
(e) Establish a uniform, well-defined screening process that includes
an in-depth investigation of the applicant's financial circumstances
to make an accurate determination as to whether the criminal
defendant warrants government-funded public defense;
(f) Require that"indigency" should be performed by an independent
board, agency, or committee, or by judges not directly involved in
the case,
(g) Gather and verify substantial financial data including: biographical
information and itemize any public assistance that the criminal
defendant is receiving, criminal defendant and defendant's
spouse's jobs, list assets(such as homes in any location,cars and
investments);monthly expenses (food, rent, medical/dental), other
debts, other persons living in the household(including children,
dependants and contributing members of the household), provide
space for listing more than one job, income provided to criminal
defendant by individuals other than himself and his spouse,
retirement benefits, any alimony/child support received, sporting
equipment(such as boats and motorcycles), money owed to the
criminal defendant,personal property of worth(such as
appliances), other valuable property (such as gold, precious stones,
EXHIBIT A
jewelry, works of art, farm equipment,etc.), and the amount of
cash a criminal defendant has on hand;
(h) Charge an application fee of at least$100.00 for one or more
misdemeanors and$250 for one or more felonies to every person
interested in receiving a public defender to pay for the cost of
verification of financial information. If the criminal defendant
cannot pay the fee in advance,the amount is added to the judgment
and sentence if the criminal defendant is convicted. Utilize a
promissory note for the application fee which the criminal
defendant signs before the disposition of the case;
(i) Devise a contribution plan for someone who is partially indigent to
distinguish those who are truly indigent from those who can
contribute limitedly to the cost of their counsel;
0) Require that the cases represented by public defenders are not
chosen arbitrarily; and
(k) Require Office of the Public Defender to report and furnish the
criminal defendant's request forms to the Office of the Prosecutor
(State Attorney General), when they find that the information
provided is fraudulent, and advise the criminal defendant that
fraudulent information shall result in 60 days jail time or and
addition of 60 days jail time to any sentence to be served
consecutively.
JUSTIFICATION: The State of Hawai`i has limited resources, it is essential that we make
certain that funding is appropriately disbursed. The technique that is
currently in place to evaluate the need for and assign court-appointed
counsel is inefficient and outdated; furthermore,it discourages both
consistency and fairness. These changes will create a far more defined and
regulated system, and will streamline the process of determining
indigency, ensuring that the constitutional rights of indigent people are
met equitably.
2
EXHIBIT A
r ■ NO .
A BILL FOR AID ACT
RELATING TO THE DEFINITION OF INDIGENT AND PARTIALLY INDIGENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 802-4, Hawaii Revised Statutes, is amended
2 to read as follows:
3 "§802-4 Determination of indigency. (a) Unless otherwise
4 ordered by the court, the determination of indigency shall be
5 made by [a public dcfcndcr sub;-e€t to rcvicw by the court] an
6 independent board, agency, or committee, or by judges not
7 directly involved in the case and shall be known as the
8 verification officers . Such determination shall be based upon
9 an appropriate and thorough inquiry into the financial
10 circumstances of the person seeking legal representation and an
11 affidavit or a certificate signed by such person demonstrating
12 the person' s financial inability to obtain legal counsel. A
13 person shall waive the person' s right to counsel by refusing to
14 furnish any information pertinent to the determination of
15 indigency.
Exhibit A proposed State bill Indigency 7-25-12Res 288-12 Indigency HSAC 2013 proposed State bill.doc
EXHIBIT A
Paget . B ■ JO .
1 (b) The definition of "indigent" shall be based on an objective
2 determination of annual income and other resources, and
3 shall comply with the following:
4 a . For misdemeanor cases, criminal defendants must earn
5 less than one hundred twenty-five percent (125%) of
6 the Federal Poverty Guidelines in order to qualify as
7 indigent.
8 b. For felony cases, criminal defendants must earn less
9 than one hundred fifty percent (150%) of the Federal
10 Poverty Guidelines in order to qualify as indigent.
11 (c) Financial Standards for Determining Indigence.
12 (1) The financial standards set forth below shall be used
13 to determine whether a defendant is indigent and shall
14 be applied equally to each defendant in the county. In
Is determining whether a defendant is indigent, the
16 verification officers may consider the defendant' s
17 income, assets, property owned, outstanding
18 obligations, necessary expenses, the number and ages
19 of defendant' s children, and spousal income that is
20 available to the defendant .
21 (2) A defendant is considered indigent if:
Exhibit A proposed State bill Indigency 7-25-12
EXHIBIT A
Page3
• B . NJc .
1 1 . The defendant' s net household income does not
2 exceed 125% of the Poverty Guidelines as
3 established and revised annually by the United
4 States Department of Health and Human Services
5 and published in the Federal Register; and
6 2 . The value of the non-exempt assets and property
7 owned by the defendant :
8 (i) does not exceed $2, 500 . 00;
9 (ii) does not exceed $5, 000 . 00 in the case of a
10 defendant whose household includes a person
11 who is age 60 or over, disabled, or
12 institutionalized; or
13 (iii) does not exceed double the estimated
14 cost of obtaining competent private legal
15 representation on the offense (s) with which
16 the defendant is charged.
17 (C) The following table indicates income levels
18 guidelines :
The income levels in the following table
represent 125% of the U. S. Department of
Exhibit A proposed State bill Indigency 7-25-12
EXHIBIT A
Page4
. 13 . NO .
Health and Human Services Poverty
Guidelines for 2008 .
1 $10, 400
2 14, 000
3 17, 600
4 21, 200
5 24, 800
6 28, 400
7 32, 000
8 35, 600
For family units with more than eight
members, add $3, 600 for each additional
member in the family when determining 125%
of Poverty._
1 (D) A defendant is considered indigent if, at the
2 time of requesting appointed counsel, the
3 defendant or the defendant' s dependents have been
4 determined to be eligible to receive food stamps,
Exhibit A proposed State bill Indigency 7-25-12
EXHIBIT A
Page 5
. B • r\ic .
1 Medicaid, Temporary Assistance for Needy
2 Families, Supplemental Security Income, or public
3 housing.
4 (E) A defendant is considered indigent if the
5 defendant :
6 (i) is currently serving a sentence in a
7 correctional institution, is currently
8 residing in a public mental health facility,
9 or is the subject of a proceeding in which
10 admission or commitment to such a mental
11 health facility is sought, and does not have
12 sufficient funds in his inmate trust account
13 to hire counsel; and
14 (ii) has no non-exempt assets or property in
15 excess of the amounts specified in (b) (2) (B)
16 above.
17 (3) Definition of "partially indigent" (see section 802-
18 6) :
19 (A) A defendant determined to be partially indigent
20 shall be eligible for appointment of counsel only
21 upon payment to the county of an appointment fee
Exhibit A proposed State bill Indigency 7-25-12
EXHIBIT A
Page6 . B . NCB .
1 of $100 if charged with one or more misdemeanors
2 or $250 if charged with one or more felonies . If
3 a defendant determined to be partially indigent
4 pleads or is found guilty, the court may order
5 the defendant to comply with a payment schedule
6 to reimburse the county for all indigent defense
7 costs in the case.
8
9 (B) A defendant shall be considered partially
10 indigent if the defendant does not meet any of
11 the standards for indigence set forth in
12 (b) (2) (B) above and:
13 (i) The defendant' s net household income is
14 greater than 125% but does not exceed 175%
15 of the Poverty Guidelines as established and
16 revised annually by the United States
17 Department of Health and Human Services and
18 published in the Federal Register; and
19 (ii) The value of the non-exempt assets and
20 property owned by the defendant :
21 a. Does not exceed $2, 500 . 00;
Exhibit A proposed State bill Indigency 7-25-12
EXHIBIT A
Page7
13 . N
1 b. Does not exceed $5, 000. 00 in the case
2 of a defendant whose household includes
3 a person who is age 60 or over,
4 disabled, or institutionalized; or
5 c. Does not exceed double the estimated
6 cost of obtaining private legal
7 representation on the offense (s) with
8 which the defendant is char_ced_
9 (4) Factors Not to be Considered.
10 (A) A defendant' s posting of bail or ability to post
11 bail may not be considered in determining whether
12 the defendant is indigent or partially indigent
13 except to the extent it reflects the defendant' s
14 financial circumstances as measured by (b) above.
15 Even when a defendant has posted bail, the
16 defendant' s financial circumstances are measured
17 by the financial standards stated in this rule.
18 (B) Except where the Defendant is a juvenile, the
19 resources available to friends or relatives of
20 the defendant may not be considered in
21 determining whether the defendant is indigent .
Exhibit A proposed State bill lndigency 7-25-12
EXHIBIT A
Page8 . B NO ■
1 Only the defendant' s financial circumstances as
2 measured by the financial standards stated in
3 this rule shall be used as the basis for
4 determining indigence.
5 (5) Payment by defendant
6 (A) A court that finds that a criminal defendant has
7 financial resources to offset, in part or in
8 whole, the costs of legal services provided under
9 this Part, may order the defendant to pay the
10 county that portion of the costs of legal
11 services, provided that it finds that the
12 defendant is able to pay. If a defendant is
13 placed on probation or deferred adjudication, the
14 court, as a condition of probation, may require
15 repayment of all or a poxtion of the county' s
16 cost for providing legal representation if it
17 does not impose a substantial financial hardship
18 on the defendant or his legal dependants .
19 (B) Upon a determination of indigency, the Judge
20 presiding over the case shall sign the form
21 indicating the accused is indigent and shall
Exhibit A proposed State bill Indigency 7-25-12
EXHIBIT A
Page 9
NO •
1 immediately appoint an attorney pursuant to the
2 approved attorney appointment list plan.
3 (d) A uniform, well-defined screening process to gather and
4 verify substantial financial data shall include an in-depth
5 investigation of the applicant' s financial circumstances to
6 make an accurate determination as to whether the criminal
7 defendant warrants government-funded public defense . The
8 following is the minimum required information:
9 ( 1) obtain biographical information;
10 (2) itemize any public assistance that the criminal
11 defendant is receiving;
12 (3) list all jobs held by criminal defendant and
13 defendant' s spouse, even part-time jobs or cash only
14 lobs;
15 (4 ) list assets (such as homes in any location, cars and
16 investments) ;
17 (5) list monthly expenses (food, rent, medical/dental) ;
18 (6) list other debts;
Exhibit A proposed State bill Indigency 7-25-12
EXHIBIT A
Page 10 . B . N3 .
1 (7 ) other persons living in the household (including
2 children, dependants and contributing members of the
3 household) ;
4 (8 ) list all jobs;
5 ( 9) list income provided to criminal defendant by
6 individuals other than himself and his spouse;
7 (10) list retirement benefits;
8 (11) list any alimony/child support received or paid, or
9 owed;
10 (12) list sports equipment (such as boats and motorcycles) ;
11 (13) list money owed to the criminal defendant;
12 ( 14) list personal property of worth (such as appliances) ;
13 (15) list other valuable property (such as gold, precious
14 stones, jewelry, works of art, farm equipment, etc. ) ;
15 and
16 ( 16) list the amount of cash a criminal defendant has on
17 hand.
18
Exhibit A proposed State bill Indigency 7-25-12
EXHIBIT A
Page 11
• B . NO .
1 (e) Fees .
2 (1) An application fee of $100 . 00 for one or more
3 misdemeanors and $250 for one or more felonies shall
4 be charged for every person interested in receiving a
5 public defender to pay for the cost of verification of
6 financial information. If the criminal defendant
7 cannot pay the fee in advance, the amount is added to
8 the judgment and sentence if the criminal defendant is
9 convicted. Utilize a promissory note for. the
10 application fee which the criminal defendant signs
it before the disposition of the case.
12 (2) For those defendants who are partially indigent, a
13 contribution plan shall be devised to contribute to
14 the cost of their counsel . If the criminal defendant
15 cannot pay the fee in advance, the amount is added to
16 the judgment and sentence if the criminal defendant is
17 convicted. Utilize a promissory note for the
18 application fee which the criminal defendant signs
19 before the disposition of the case.
20 (3) The Office of the Public Defender shall report and
21 furnish the criminal defendant' s request forms to the
Exhibit A proposed State bill Indigency 7-25-12
EXHIBIT A
Page 12
B . i\I .
1 Office of the Prosecutor or the State Attorney General
2 when they find that the information provided is
3 fraudulent, and advise the criminal defendant that
4 fraudulent information shall result in 60 days jail
5 time or and addition of 60 days jail time to any
6 sentence to be served consecutively. "
7 Click here and insert text of bill
8 SECTION 2 . Statutory material to be deleted is bracketed
9 and in strikethrough . New statutory material is underscored.
10 SECTION 3. This Act shall take effect upon its approval.
11
12 INTRODUCED BY:
13
Exhibit A proposed State bill Indigency 7-25-12
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawai`i 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 FIRS 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.
3
EXHIBIT A
B . NO .
A BILL FOR AN ACT
RELATING TO GALLONAGE TAX ON LIQUOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Section 244D-4, Hawaii Revised Statutes, is amended
2 to read as follows :
3 "§244D-4 Tax; limitations. (a) Every person who sells or
4 uses any liquor in the State not taxable under this chapter, in
5 respect of the transaction by which the person or the person' s
6 vendor acquired the liquor, shall pay a gallonage tax which is
7 hereby imposed at the following rates for the various liquor
8 categories defined in section 244D-1:
9 For the period July 1, 1997, to June 30, 1998, the tax rate
10 shall be:
11 (1) $5 . 92 per wine gallon on distilled spirits;
12 (2) $2 . 09 per wine gallon on sparkling wine;
13 (3) $1 . 36 per wine gallon on still wine;
14 (4) $0 . 84 per wine gallon on cooler beverages;
15 (5) $0. 92 per wine gallon on beer other than draft beer;
Ex A proposed State bill Gallonage Tax on Liquor 7-25-12
EXHIBIT A
Paget . B . NiO .
1 (6) $0. 53 per wine gallon on draft beer;
2
3 [0-ft] For the period July 1, 1998, [and thereaftcr, ] to June
4 30, 2014, the tax rate shall be :
5 (1) $5 . 98 per wine gallon on distilled spirits;
6 (2) $2 . 12 per wine gallon on sparkling wine;
7 .(3) $1 . 38 per wine gallon on still wine;
8 (4 ) $0 . 85 per wine gallon on cooler beverages;
9 (5) $0 . 93 per wine gallon on beer other than draft beer;
10 ( 6) $0 . 54 per wine gallon on draft beer;
11 On July 1, 2013, and thereafter, the tax rate shall be:
12 (1) $6. 03 per wine gallon on distilled spirits;
13 (2) $2 . 17 per wine gallon on sparkling wine;
14 (3) $1 . 43 per wine gallon on still wine;
15 (4) $0 . 90 per wine gallon on cooler beverages;
16 (5) $0 . 98 per wine gallon on beer other than draft beer;
17 (6) $0 . 59 per wine gallon on draft beer;
Ex A proposed State bill Gallonage Tax on Liquor 7-25-12
EXHIBIT A
Page 3
• B . NO .
1 and at a proportionate rate for any other quantity so sold or
2 used.
3 (b) Beginning July 1, 2014, the increase in the gallonage
4 tax shall begin and the additional thirty percent per gallon
5 collected shall be reimbursed to each county by the amount of
6 additional gallonage tax collected from that county; however,
7 fines on the increased tax revenue shall be retained by the
8 State of Hawaii to compensate it for the expense of collection.
9 Tax revenues from this Act shall be kept by the respective
10 counties in a special fund, and be accounted for as a separate
11 line item in their respective budgets .
12 (c) The tax collected for the period July 1, 2014 and
13 thereafter as set forth under subparagraph_ (a) above shall only
14 be used to pay for Police, Fire, Emergency Medical Services,
15 road clean-up, prosecution, and may also be used for training,
16 the purchase of any equipment deemed necessary by the respective
17 county departments, education and public service announcements
18 utilized to reduce driving_ while under the influence of an
19 intoxicant.
Ex A proposed Stale bill Gallonage Tax on Liquor 7-25-12
EXHIBIT A
Page4
. B . NO .
1 f4b*] (d) The tax levied pursuant to subsection (a) shall
2 be paid only once upon the same liquor; provided further that
3 the tax shall not apply to:
4 (1) Liquor held for sale by a permittee but not yet sold;
5 (2) Liquor sold by one permittee to another permittee;
6 (3) Liquor which under the Constitution and laws of the
7 United States cannot be legally subjected to the tax
8 imposed by this chapter so long as and to the extent
9 to which the State is without power to impose the tax;
10 (4 ) Liquor sold for sacramental purposes or the use of
11 liquor for sacramental purposes, or any liquor
12 imported pursuant to section 281-33; and
13 (5) Alcohol sold pursuant to section 281-37 to a person
14 holding a purchase permit or prescription therefor, or
15 any sale or use of alcohol, so purchased, for other
16 than beverage purposes . "
17 SECTION 2 . Statutory material to be deleted is bracketed
18 and in strikethrough . New statutory material is underscored.
19 SECTION 3 . This Act shall take effect upon its approval.
20
21 INTRODUCED BY:
Ex A proposed State bill Gallonage Tax on Liquor 7-25-12
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties(HSAC)
TITLE: A BILL FOR AN ACT RELATING TO FOOD LABELING
PURPOSE: The purpose of the draft bill is to require the labeling of any
food products or raw agriculture commodities that contain
genetically engineered material or are produced with a genetically
engineered material.
MEANS: Add a new section to Chapter 328, Hawaii Revised Statues.
JUSTIFICATION: There has been rapid growth of genetically engineered food
production throughout the nation and in the State of Hawai'i.
The effects of consuming genetically engineered foods are unclear,
and without mandatory labeling requirements of those foods,
consumers may unknowingly be putting their health at risk.
There is an ethical and moral obligation to provide accurate
information in order for consumers to make an informed choice on
whether or not to purchase and consume genetically engineered
foods.
Enactment of State legislation requiring the labeling of genetically
engineered food products would meet the demand of Hawai`i's
residents for a better informed choice concerning the foods they
consume without bias towards the advantages or disadvantages of
genetically engineered food products.
EXHIBIT A
B . NO.
A BILL FOR AN ACT
RELATING TO FOOD LABELING,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION I. Chapter 328, Hawaii Revised Statutes, is
2 amended by adding a new section to part I to be appropriately
3 designated and to read as follows:
4 "§328- Genetically engineered material; labeling
6 requirement. (a) Beginning January 1, 2014, no food product or
6 raw agricultural commodity that contains genetically engineered
7 material or was produced with a genetically engineered material
8 shall be sold, offered for sale, or distributed in the State,
9 unless the following statement is printed on the packaging of
10 the food product or on a disclosure notice posted in a
11 conspicuous place in proximity to the food product in bold face
12 print and no less than ten-point type:
13 "THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED FOOD
14 PRODUCT OR WAS PRODUCED WITH A GENETICALLY ENGINEERED
15 MATERIAL. "
16 (b) As used in this section:
HSAC GMO RESO
EXHIBIT A
Page 2
. B . NO
"Food product" means any raw or processed material or any
2 combination of raw and processed material that is intended for
3 human consumption.
4 "Genetically engineered material" means material derived
5 from any part of a genetically engineered organism even if the
6 altered molecular or cellular characteristics of the organism
7 cannot be detected in the material.
8 "Genetically engineered organism" includes any organism:
9 (1) Altered at the nucleic-acid level using the techniques
10 collectively referred to as recombinant
11 deoxyribonucleic acid technology;
12 (2) Developed through sexual or asexual reproduction, or
13 both, involving an organism that has been altered at
14 the nucleic acid level using recombinant
15 deoxyribonucleic acid technology, if it possesses the
16 characteristics intentionally brought about by the
17 original alteration;
18 (3) Derived from an organism that has been injected or
19 treated with genetically engineered material, except
20 for the use of a fertilizer to produce a raw
21 agricultural commodityLar
HSAC GMO RESO
EXHIBIT A
Page3
1 (4) Derived from :an animal that has been fed genetically
2 engineered material.
3 (c) This section shall not apply to food that is:
4 (1) Served in restaurants or other establishments in which
5 food is served for immediate human consumption; or
6 (2) Medical food, as defined in section 346-67.
7 (d) Any person who violates this section, or any rule
8 adopted pursuant to this section, shall be fined not more than
9 $1, 000 for each offense. Each date of violation shall
10 constitute a separate offense. Any action taken to impose or
11 collect the penalty provided for in this subsection shall be
12 considered a civil action.
13 (e) The director of health shall adopt rules pursuant to
14 chapter 91 that are necessary to effectuate the purposes of this
15 section, including rules for the testing of foods to determine
16 whether the food is a genetically engineered food product. "
17, SECTION 2. New statutory material is underscored.
18 SECTION 3 . This Act shall take effect upon approval.
19
20 INTRODUCED BY:
HSAC G1IO RESO
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: A Resolution Requesting the State of Hawaii Chief Election
Officer and Elections Commission to Establish a Mechanism to
Monitor the Counties' Readiness to Conduct and Election and to
Intervene if Necessary.
PURPOSE: The purpose of this resolution is to establish a proactive policy of
monitoring each county's readiness to conduct an election to
reduce the potential for future election-day issues.
MEANS: A House Concurrent Resolution, the Senate concurring, that the
Twenty-seventh Legislsasture of the State of Hawai`i, Regular
Sessionof 2013 request the chief election officer and the elections
commission to establish a mechanism to monitor counties'
readiness to conduct an election and to intervene if necessry.
JUSTIFICATION: It is of utmost importance to pursue a remedy to restore and assure
confidence in the electoral process.
EXHIBIT A
H . C . R. NO .
HOUSE CONCURRENT
RESOLUTION
A RESOLUTION REQUESTING THE STATE OF HAWAII CHIEF ELECTION
OFFICER AND ELECTIONS COMMISSION TO ESTABLISH A MECHANISM TO
MONITOR THE COUNTIES' READINESS TO CONDUCT AN ELECTION AND TO
INTERVENE IF NECESSARY
WHEREAS, in the 2012 Primary Election in Hawai'i County,
2 issues occurred which resulted in several polling places opening
3 late, inhibiting the public' s ability to exercise the right to
4 vote; and
5
6 WHEREAS, these late openings compelled Governor Neil
7 Abercrombie to issue an unprecedented emergency proclamation
8 extending polling place hours on Hawai'i Island to provide
9 sufficient opportunity for citizens to vote; and
10
11 WHEREAS, this event has damaged the public' s confidence in
12 the electoral process; and
13
14 WHEREAS, Section 11-2 of the Hawai'i Revised Statutes
15 provides, in part, that the Chief Election Officer shall
16 supervise all state elections, and that election responsibilities
17 within a county may be delegated to a county clerk or other
18 specified persons; and
19
20 WHEREAS, Section 11-4 of the Hawai'i Revised Statutes
21 authorizes the chief election officer to make, amend and repeal
22 rules and regulations governing elections; and
23
24 WHEREAS, Section 11-7 . 5 (5) of the Hawai 'i Revised Statutes
25 provides for the Elections Commission to advise the chief
26 election officer on matters relating to elections; and
27
28 WHEREAS, it is of utmost importance to pursue a remedy to
29 restore and assure confidence in the electoral process; and
30
EXHIBIT A
EXHIBIT A
WHEREAS, a strong partnership between the State and the
2 County, formed through effective communication, is critical to
3 ensure a well-run election; and
4
5 WHEREAS, a proactive policy of monitoring each county' s
6 readiness to conduct an election will reduce the potential for
7 future election-day issues that would further undermine the
8 public trust; now, therefore,
9
10 BE IT RESOLVED by the House of Representatives of the
11 Twenty-seventh Legislature of the State of Hawai'i, Regular
12 Session of 2013, the Senate concurring, that the State
13 Legislature requests the chief election officer and the
14 elections commission to establish a mechanism to monitor
15 counties' readiness to conduct an election and to intervene if
16 necessary; and
17
18 BE IT FURTHER RESOLVED that certified copies of this
19 Concurrent Resolution be transmitted to the Lieutenant Governor,
20 the Attorney General, the Chief Election Officer, the Elections
21 Commission and the Clerks of the four Counties .
22
23 OFFERED BY:
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawai`i State Association of Counties
TITLE: A Bill for an Act Relating to Food Labeling
PURPOSE: The purpose of the proposed bill is to require the labeling of
genetically engineered food products sold in the State.
MEANS: Adding a new section to Chapter 328, Hawaii Revised Statutes.
JUSTIFICATION: The long-term effects of consuming genetically engineered foods
are unclear. Without mandatory labeling requirements of these
foods, consumers may unknowingly be putting their health at risk.
Consumers have the right to know what is in food available for
sale so that they can make informed choices.
EXHIBIT A
B . NO .
A BILL FOR AN ACT
RELATING TO FOOD LABELING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Chapter 328, Hawaii Revised Statutes, is
2 amended by adding a new section to be appropriately designated
3 and to read as follows :
4 "§328-
Genetically engineered material; labeling
5 requirement. (a) Beginning January 1, 2014, no food or raw
6 agricultural commodity shall be sold in the State if it contains
7 a genetically engineered material, or was produced with a
8 genetically engineered material, unless it bears a label that
9 erovides the followin• disclosure notice in bold-face print and
10 not less than ten-point type:
11 "THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED MATERIAL,
12 OR WAS PRODUCED WITH A GENETICALLY ENGINEERED MATERIAL."
13 (b) A food shall be considered to have been produced with
14 a genetically engineered material if:
15 (1) The organism from which the food is derived has been
16 injected or otherwise treated with a genetically
17 engineered material (except that the use of manure as
paf:cmn:12-159a
EXHIBIT A
. B ., NO
1 a fertilizer for raw agricultural commodities may not
2 be construed to mean that those commodities are
3 produced with a genetically engineered material) ;
4 (2) The animal from which the food is derived has been fed
5 genetically engineered material; or
6 (3) The food contains an ingredient that is a food to
7 which paragraph (1) or (2) applies .
8 (c) For the purposes of this section:
9 "Genetically engineered material" means material derived
10 from any part of a genetically engineered organism, without
11 regard to whether the altered molecular or cellular
12 characteristics of the organism are detectable in the material.
13 "Genetically engineered organism" means:
14 (1) An organism that has been altered at the molecular or
15 cellular level by means that are not possible under
16 natural conditions or processes (including recombinant
17 deoxyribonucleic acid and ribonucleic acid techniques,
18 cell fusion, microencapsulation, macroencapsulation,
19 gene deletion and doubling, introducing a foreign
20 gene, and changing the positions of genes) , other than
21 a means consisting exclusively of breeding,
paf:cmn:12-159a
EXHIBIT A
. B . NO
1 conjugation, fermentation, hybridization, in vitro
2 fertilization, tissue culture, or mutagenesis; or
3 (2) An organism made through sexual or asexual
4 reproduction, or both, involving an organism described
5 in paragraph (1) , if possessing any of the altered
6 molecular or cellular characteristics of the organism
7 so described.
8 (d) This section shall not apply to food that is :
9 (1) Served in restaurants or other establishments in which
10 food is served for immediate human consumption;
11 (2) Processed and prepared primarily in a retail
12 establishment and is ready for human consumption, of
13 the type described in paragraph (1) , and is offered
14 for sale to consumers but not for immediate human
15 consumption in the establishment and is not offered
16 for sale outside the establishment; or
17 (3) A medical food as defined in section 346-67 .
18 (e) A violation of any provision of this section, or any
19 rule adopted pursuant to this chapter, shall be punishable by a
20 fine of not mare than $1, 000 for each violation.
21 (f) The director of health shall adopt rules, pursuant to
22 chapter 91, necessary for the purposes of this section,
paf:cmn:12-159a
EXHIBIT A
. B
1 including rules for the testing of foods to determine the
2 presence and content of genetically engineered material. "
3 SECTION 2 . New statutory material is underscored.
4 SECTION 3 . This Act shall take effect upon its approval.
S
6 INTRODUCED BY:
7
paf :cmn:12-159a
EXHIBIT A
JUSTIFICATION SHEET .
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO PSEUDOEPHEDRINE.
PURPOSE: Requires a prescription to purchase any product that
contains pseudoephedrine.
MEANS: Amend §§329-24, 38, 64, 75, 73 and 74 and Repeal
§§329-73 and 74, Hawaii Revised Statutes
JUSTIFICATION: A key ingredient in the illegal production of
methamphetamine ("meth") that cannot be replaced is
pseudoephedrine, found in many over-the-counter
cold medicines. While state statute currently restricts
the amount of pseudoephedrine that can be obtained
at any one time and mandates reporting requirements
for pharmacies and retailers, it does not require a
doctor's prescription to obtain pseudoephedrine. Two
states, Oregon and Mississippi, now require
prescriptions for pseudoephedrine and have seen
commensurately dramatic declines in meth lab
incidents, meth-related seizures and arrests and
meth-related treatment. Requiring a prescription to
obtain pseudoephedrine is a proven method of
reducing the manufacture and availability of meth
which will directly result in reducing the levels of meth
use and related economic costs in Hawaii.
EXHIBIT A
B . NO .
A BILL FOR AN ACT
RELATING TO PSEUDOEPHEDRINE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that methamphetamine is a
2 highly addictive drug with dangerous long-term side effects
3 including addiction, anxiety, insomnia, and violent behavior.
4 The legislature also finds that pseudoephedrine, a safe,
5 effective, and widely-used over the counter decongestant, is an
6 essential ingredient used to make methamphetamine .
7 The legislature finds that some state governments have
8 taken steps to address the growing number of methamphetamine
9 labs in their states . Oregon and Mississippi have passed laws
10 requiring prescriptions for pseudoephedrine. The purpose of
11 this Act is to classify pseudoephedrine as a schedule V drug
12 that may only be dispensed with a prescription.
13 SECTION 2 . Section 329-22, Hawaii Revised Statutes, is
14 amended to read as follows :
'15 "S329-22 Schedule V.
Sudafed EM State Bill.DG
EXHIBIT A
Page 2
B . NO .
1 (a) The controlled substances listed in this section are
2 included in schedule V.
3 (b) Narcotic drugs containing nonnarcotic active medicinal
4 ingredients . Any compound, mixture, or preparation containing
5 limited quantities of any of the following narcotic drugs, which
6 also contains one or more nonnarcotic active medicinal
7 ingredients in sufficient proportion to confer upon the
8 compound, mixture, or preparation, valuable medicinal qualities
9 other than those possessed by the narcotic drug alone :
10 (1) Not more than 200 milligrams of codeine, or any
11 of its salts, per 100 milliliters or per 100
12 grams;
13 (2) Not more than 100 milligrams of hydrocodeine, or
14 any of its salts, per 100 milliliters or per 100
15 grams;
16 (3) Not more than 100 milligrams of ethylmorphine, or
17 any of its salts, per 100 milliliters or per 100
18 grams ;
Sudafed EM State Bill.DG
EXHIBIT A
Page 3
. B . NO11
1 (4) Not more than 2 . 5 milligrams of diphenoxylate and
2 not less than 25 micrograms of atropine sulfate
3 per dosage unit;
4 (5) Not more than 100 milligrams of opium per 100
5 milliliters or per 100 grams; and
6 (6) Not more than 0 . 5 milligram of difenoxin and not
7 less than 25 micrograms of atropine sulfate per
8 dosage unit.
9 (c) Stimulants. Unless specifically exempted or excluded
10 or unless listed in another schedule, any material, compound,
11 mixture, or preparation that contains any quantity of the
12 following substances having a stimulant effect on the central
13 nervous system, including its salts, isomers, and salts of
14 isomers (—] : pseudoephedrine or any drug containing
15 pseudoephedrine.
16 (d) Depressants . Unless specifically exempted or excluded
17 or unless listed in another schedule, any material, compound,
18 mixture, or preparation that contains any quantity of the
19 following substances having a depressant effect on the central
Sudafed EM State Bill.DG
EXHIBIT A
Page 4
B . NO .
1 nervous system, including its salts, isomers, and salts of
2 isomers:
3 (1) Lacosamide [ (R) -2-acetoamido-N-benzy1-3-methoxy-
4 propionamidel , (Vimpat) ; and
5 (2) Pregabalin US) -3- (aminomethyl) -5-methylhexanoic
6 acid) .
7 (e) No later than July 1, 2013 , all drugs containing
8 pseudoephedrine shall be subject to the requirements of section
9 329-38 . "
10 SECTION 3 . Section 329-38, Hawaii Revised Statutes, is
11 amended by amending subsection (a) to read as follows :
12 " (a) No controlled substance in schedule II or
13 pseudoephedrine may be dispensed without a written prescription
14 of a practitioner, [. .xcept----1-1 with the following exceptions:.
15 (1) (.141) For purppses of a controlled substance in
16 schedule II or pseudoephedrine, in the case of an
17 emergency situation, a pharmacist may dispense a
18 controlled substance listed in schedule II or
19 pseudoephedrine upon receiving oral authorization
20 from a prescribing practitioner; provided that:
Sudafed EM State BiII.DG
EXHIBIT A
Page 5
. B . NO .
(A) The quantity prescribed and dispensed is
2 limited to the amount adequate to treat the
3 patient during the emergency period
4 (dispensing beyond the emergency period must
5 be pursuant to a written prescription signed
6 by the prescribing practitioner) ;
7 (B) If the prescribing practitioner is not known
8 to the pharmacist, the pharmacist shall make
9 a reasonable effort to determine that the
10 oral authorization came from a registered
11 practitioner, which may include a callback
12 to the prescribing practitioner using the
13 phone number in the telephone directory or
14 other good faith efforts to identify the
15 prescriber; and
16 (C) Within seven days after authorizing an
17 emergency oral prescription, the prescribing
18 practitioner shall cause a written
19 prescription for the emergency quantity
20 prescribed to be delivered to the dispensing
Sudafed EM State Bill.DG
EXHIBIT A
Page 6
NOx
1 pharmacist. In addition to conforming to
2 the requirements of this subsection, the
3 prescription shall have written on its face
4 "Authorization for Emergency Dispensing" .
5 The written prescription may be delivered to
6 the pharmacist in person or by mail, and if
7 by mail, the prescription shall be
8 postmarked within the seven-day period.
9 Upon receipt, the dispensing pharmacist
10 shall attach this prescription to the oral
11 emergency prescription, which had earlier
12 been reduced to writing. The pharmacist
13 shall notify the administrator if the
14 prescribing practitioner fails to deliver a
15 written prescription to the pharmacy within
16 the allotted time. Failure of the
17 pharmacist to do so shall void the authority
18 conferred by this paragraph to dispense
19 without a written prescription of a
20 prescribing individual practitioner. Any
Sudafed EM State Bill.DG
EXHIBIT A
Page 7
B . Ni .
practitioner who fails to deliver a written
2 prescription within the seven-day period
3 shall be in violation of section
4 329-41 (a) (1) ; or
5 (2) When dispensed directly by a practitioner, other
6 than a pharmacist, to the ultimate user. The
7 practitioner in dispensing a controlled substance
8 in schedule II shall affix to the package a label
9 showing:
10 (A) The date of dispensing;
11 (B) The name, strength, and quantity of the drug
12 dispensed;
13 (C) The dispensing practitioner' s name and
14 address;
15 (D) The name of the patient;
16 (E) The "use by" date for the drug, which shall
17 be:
18 (i) The expiration date on the
19 [manufacturer' s] or principal labeler' s
20 container; or
Sudafed EM State Bill.DG
EXHIBIT A
Page 8
NO .
1 (ii) One year from the date the drug is
2 dispensed, whichever is earlier; and
3 (F) Directions for use, and cautionary
4 statements, if any, contained in the
5 prescription or as required by law.
6 A complete and accurate record of all schedule II
7 controlled substances ordered, administered, prescribed, and
8 dispensed shall be maintained for five years . Prescriptions and
9 records of dispensing shall otherwise be retained in conformance
10 with the requirements of section 329-36 . No prescription for a
11 controlled substance in schedule II may be refilled. "
12 SECTION 4 . Section 329-64, Hawaii Revised Statutes, is
13 amended by amending subsection (a) to read as follows :
14 " (a) The requirements imposed by sections 329-62 and
15 329-63 (a) of this part shall not apply to any of the following:
16 (1) Any pharmacist or other authorized person who
17 sells or furnishes a substance upon the
18 prescription of a physician, dentist, podiatrist,
19 or veterinarian;
Sudafed EM State BIILDG
EXHIBIT A
Page 9
. B . ric .
1 (2) Any physician, dentist, podiatrist, or
2 veterinarian who administers or furnishes a
3 substance to patients;
4 (3) Any manufacturer or wholesaler licensed by the
5 State who sells, transfers, or otherwise
6 furnishes a substance to a licensed pharmacy,
7 physician, dentist, podiatrist, or veterinarian[;
8 and
9 (4) Any sale, transfer, furnishing, or receipt of any
10 drug that contains [e-T.,- - e- e'-e ' " e
11 norpseudoephedrine that is lawfully sold,
12 transferred, or furnished over the counter
13 without a prescription pursuant to the federal
14 Food, Drug, and Cosmetic Act (21 United States
15 Code section 301 et seq. ) or regulations adopted
16 thereunder as long as it complies with the
17 requirements of sections [329 - • - .4—
18 329-75 . ] 329-38 . "
19
Sudafed EM State Bill.DG
EXHIBIT A
Page 10
. B . NO
1 SECTION 5 . Section 329-75, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "p329-75 [sales of product- z . ze-
4 containing.-psaudene; reporting] Reporting requirement for
5 wholesalers .
6 [ (a) Notwithstanding any other law to the contrary, a
7 pharmacy or retailer may sell or distribute to a person without
8 a---p-rescr-ipt-i-on -e - * ' ' '" "e -3 . 6-grams-per-
9 day or e grams per thirty-day period of
10 ' - e the number of tr-anzaet-i-one-i--
11 provided-that - - e'- "- - e - -a-1-1-comply with the
12 e e _e.e .
13 ee _ _ - e e - e_ _ _Leo et .
14 sold or distributed from an area not accessible
15 by-4 e
16 e_ . e e _
17 -or retailer delivers the
18 product directly into the custody of the person
19 pu_r_ e_ ee --i-s1n g the substaraces;
Sudafed EM State Bill.DG
EXHIBIT A
Page 11 . B NI 0
1 -( - . . , .. e - - - -- - ,.t.he. ;s e-o + = nifg- any
2 product, m - , e - - -. l1 produce
3 valid, g^• rnment- iccued identification
4 containing the photograph, date of birth, printed
5 name, signature-, and addrecs of the-percon
6
7 (3) The pharmacy or retailer shall maintain a written
8 or electronic log of required information—for-
9 _ - _ _ _ _ ' et-ion product containing
10 ps- s._ =_ .- • _ , .. .
11 (A) Th- -- _ - _ -• ..- ef any transaction under
12 paragraph (2) ;
13 (B) The name,-address,-and date of birth of the
14 percon purchasing or obtaining the
15 substance;
16 (C) The type of identification provided by the-
17
18 and-identi-fication number;
19 (D) The agency • ., M • • -_ _ _
20 and
Sudafed EM State BiII.DG
EXHIBIT A
Psge12
• IB . NO .
(2) Thc nam- e - • _e”ee ■e •
2 px- e,
3 (4) The pharmacy or retailer-shall-reuire every-
4 person purchacing or obtaining the substance to
5 sign a written-or electronic log attecting to the
6 validity of the information-
7 e- -e by the pharmacy or
8 retailer for a p- ' ee e e - . The written or electronic
9 log shall be ca'- ' - e - . - - - -e e -e*.e - * -- .aa_
10 state and federal laws, including interfa_ . e -
11 e -e", --hencive compliance, and shall be subject to
12 - - - - inspection by county or state law
13 e e -
14 -(b) Beginning January 1, 2013, be - _e.te - e
15 e = e ee _ _e.
16 e - - enically submit the information
17 • -e e- - - - • - e - _e _ ■ - , - _ . e al-Precurcor
18 Log E e
19 aivercion Investigatorc; prov-ie-e , _ -ional Precurso -
20 Log Exchange is available to pharmaa-i- . e
Sudafed EM State Bill.DG
EXHIBIT A
Pagel3
. B . NON,
State—wIthout a charge for accessing the syste. . a • fro, or., rots, —y
2 or retailer shall *e _e. e - - *- sale if the system generates
3 a stop sale alert---Except in -the—case—of negligence,
4 wantonness, recklessness, or deliberate miscon e-- -acy
5 o - retailer using the electron-is—sales tracking system in
6 ac_e e- - _ - ' - subsection s-- 4 - e e—ac a
7 4ge-- e - * e " e 0 e_ _ -e—duties
8 e e• e ••• • -be-imn e _■
9 e - e e- _ _ • =• • _ _ e r- - - - 'olated
10 th-is subsection • - _ 4e*_ _e _ _
11 violation.
12 (c) If a pharmacy or retailer selling an over-the-counter
13 e et . _ _e* _ ' * 4 * e_ - _ ee- e*-e - e- ' -nces—meohanical—or
14 electronic failure of the electronic sales track' - - _ _ *e
15 Is—unable to comp? -_- _tronic sales tracking
16 requirement une - _- _ _ ' ,- • e*, * __ ' *
17 - -- e _crnative electronic
18 recordkoaping machanism—un e
19 retailer ' _ . e e -e Rly—wIth the electronic cales—tracking
20 requirement .
Sudafed EM State Bill.DG
EXHIBIT A
Page 14
B N 0 •
4-d) A pharmacy or ratai. e __ " - e
2 product containin- - - -e-ek an ex- ' ' e
3 - - - ---ctions to the electronic sales tracking system
4 in writing to e Ing e_ -e- _ - e - . -
5 The admInIstra_e H. e .eee _.■
6 but in no event shall the e - . e =e, t . e .
7 days . Any pharmacy-or retailer that rece-i-viaxiamp-t-i-Qn---shall-
8 maintain-a--ha -d copy log and shall-require the person purchasing--•9 or obtaining the substance to-pro-vie- -- e -H. ' e. -e
1() under this section before completion of any-eale---Th _ shall
11 be-maintained as a record of-each sale for inspection by any law
12 enforcement offi.er or inspector of the-be- e e e e -
46*. e
14 (e) The Nat=ional Association o-f-Dug-DIversion
15 e.rura e . * : en records in the
16 National P-r - e _e■ _e e
17 e ' ' - ' e■ e ■ - e-partment of public safety weekly and provide
18 r- " H- —Gess to National Precursor Log Exchange information
19 • . e•- Preour-so _e- e. ' • ee
20 enforcemet " - -e ' e ' -he narcotics
Sudafed EM State Bill.DG
EXHIBIT A
Page 15 . B ■ NO
1 n r A ent division; provide- - - _e _ics—e oxoement
2 divi- ' -- - - _ _ - - •emorandum of understanding with the
3 Natio . _ _e_ g _ -of- • - . a ' -
4 _ _ e . = ' --f-o.r-mation; provid-e - - -- - department5 of public safety narcotics enforcement diuias -on. chal - -
6 tll e l e o e- - - - ' •- -yctem in conj-mss L. - _ -- - - - ' -
7 existing narcotics -tracking system-beginning no later than
8 Ja - - - ! .-
9 _ be capable of generating a stop sale
10 alert, which shall b- _ -, _ ' e - -- e -
11 would result--4n the pharmacy or retailer, or person purchasing
12 or obtaining the substance, violat-' -. _ _ _ - . -• - ----&e-t-
13 forth in th- - - e - - - - •
14 function that may be used by a phar••- - - •-
15 pceudoephed- - - - - - -_ - - - --.r —that imminent bodily
16 harm will result if the sale is not completed. Each instance
17 w-- - - = - - _ - _ ' ,. ' - - - __ - - =- -
18 system-,
19 (g)- No person &hall knowingly purr ase, receive, or
20 o t h e r ' _ - -e ' _ e _ _ ..---oontaIning more than 3 . 6 grams per
Sudafed EM State Bill.DG
EXHIBIT A
•
Page 16
B . NO .
1 day-or more-th, - " e- e_y period-o- -
2 e_- _ ,e- e* -e ' *- *- -his limit shall not apply to any
3 e*- - * e e ee _ _ _ -ur-e-, e e - e_
4 e- - - - ^ e ' e e cscript-ion-
5 4h) ARy-par_4 .4 ' e e* - e _* e_ * * * L_
6 guilty of a class C felony.
7 (i) The department, by-rule,-may exempt other products
8 from this section, if t- - e * *e - *.
9 are not uaet - e " methamphetam-ine-cr
10 other controlled substances . A manufacturer of a drug product
11 may apply-tor removal-of the product from-th-i-s-section if the
12 product is determined by the administrator to have been
13 formulate' - _ e - - y pre-vent- the
14 conversion of the active-1-* -" . - - ' * -e "-
15 444-] Notwithstanding any other provision of this chapter
16 to the contrary, every wholesaler shall report to the
17 administrator all sales made to any retailer, of any product,
18 mixture, or preparation containing any detectable quantity of
19 pseudoephedrine, its salts, optical isomers, or salts of optical
20 isomers, as the only active ingredient or in combination with
Sudafed EM State Bill.DG
EXHIBIT A
Pagel7
. B . NO .
other active ingredients. The department shall provide a common
2 reporting form that contains at least the following information
3 about the product, mixture, or preparation:
4 (1) Generic or other name;
5 (2) Quantity sold;
6 (3) Date of sale;
7 (4) Name and address of the wholesaler; and
8 (5) Name and address of the retailer.
9 - e te _ - e - --t-ailer or
10 pharmacy to—trane- ' . e - _ . e•
11 shall be a misdemeanor and shall result in the immediate
12 - p- - - - - e ■- ability to cell any product,
13 mixture, or prepara ,- ■ - e - quantity of
14 e- - _ ee= e tte __ its, optical isomers, or salts of optical
15 - _ - e- y active ingredient or in combination with
16 e _- - • ■• -e -nts—until authorized by the
17 administrator. "1
18 SECTION 6 . Section 329-73 , Hawaii Revised Statutes, is
19 repealed.
20 [1143,24-7-3---gsaudoephedrine permit.
Sudafed EM State BilI.DG
EXHIBIT A
Page 1B B • NO
■
1 (a) -Beginning January 1-,---2.0-6, any per=son transporting by
2 any-means-more-than three packages of any product the sale of
3 - - - _ ed by section -
4 psa idoephedrine perm'
5 (b) Th- -e _ . rw•- is imposed by [subsection] (a) shall not
6 app ly- -per-s-ons—r gistered �i-th the department under section
7 329-67 . A pseudoee---_ ' -- e* be issued by the
8 department in a form and--manneras prescribed-by t-he---department
9 by rule . A pseudoep -0 _ _- - - - e- -a-lid for one year
10 and rene3T.a e annua-lly. "]
11 SECTION 7 . Section 329-74, Hawaii Revised Statutes, is
12 repealed.
13 [II§329-74 Unlawful transport of pseudoephedrine_
14 (a) r. person-commits the of ene° of unlawful transport of
15 pse sdo phedrine if t-- -e- _ -•_ __ _ - _ -
16 packages of an- - - - - - - - -_
17 section 329-75 without a permit issued fro -- -- _
18 (b-) For purpose o ttA - - u _ - - . 00
19 the transfer-saf-•a -pseudoephedrine-product by a person other than-
Sudafed EM State BiII.DG
EXHIBIT A
Page 19
N 0 .
a wholecaler, Aictributor, or retailer of cuch product
2 authorized to conduct buslnecc as such by the State.
3 •cport t ic a
4 misdemeanor. "]
5 SECTION 8 . This Act does not affect the rights and duties
6 that matured, penalties that were incurred, and proceedings that
7 were begun before its effective date.
8 SECTION 9 . Statutory material to be repealed is bracketed
9 and stricken. New statutory material is underscored.
10 SECTION 10. This Act shall take effect upon its approval.
11
12 INTRODUCED BY:
13
Sudafed EM State Bill.DG
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO LANDOWNER LIABILITY.
PURPOSE: Creates a cause of action against a person who
maintains a property nuisance on residential property
that results in damage or injury to the person or
property of another person.
MEANS: Add new section to Chapter 663, Hawaii Revised
Statutes.
JUSTIFICATION: The State of Hawaii continues to be one of the most
expensive states in the nation to purchase a home
and as such, a home will be the largest financial asset
for most of Hawaii's citizenry. Real estate investors
have purchased large blocks of residential property
only to then engage in the blighting of these same
properties, as they have no intention of residing in the
affected communities. This practice, commonly called
"block busting", seeks to lower the neighborhood's
overall property value, thereby enabling unscrupulous
real estate investors to purchase additional
surrounding properties in the same neighborhoods at
lowered prices. As a result of"block busting",
homeowners in the affected neighborhoods will see
the value of their largest financial asset decline
through no dereliction on the homeowners' part. The
most effective tool to combat"block busting" is the
creation and imposition of liability damages to
financially deter unscrupulous real estate investors
from engaging in property blighting.
EXHIBIT A
• B . NO .
A BILL FOR AN ACT
RELATING TO LANDOWNER LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 663, Hawaii Revised Statutes, is
2 amended by adding a new section to be appropriately designated
3 and to read as follows:
4 "§663- Liability for maintenance of property nuisance.
5 (a) A person may be held personally liable in damages for
6 injury or trespass, whether direct or indirect, including the
7 diminution of property valuation, to another person or the
8 property of the other person proximately caused by the
9 maintenance of a residentially zoned property nuisance.
10 (b) If a person engages in conduct that constitutes the
11 maintenance of a property nuisance involving three or more
12 residentially zoned separate properties within a one mile radius
13 from a claim arising pursuant to this section and judgment is
14 entered for the person who is asserting the claim under this
15 section, the person shall be awarded a sum equal to threefold
16 damages sustained by that person.
Prop Nuisance State Bill
EXHIBIT A
Page 2
. B • NO .
(c) For purposes of this section, "maintenance of a
2 property nuisance" means owning, leasing, occupying, or having
3 charge, possession, or control of any property and maintaining
4 that property in a manner in which any one or more of the
5 following conditions or activities is allowed to exist or
6 continue:
7 (1) Keeping, storing, depositing, or accumulating on
8 improved or unimproved real property any personal
9 property that constitutes visual blight.
10 Personal property includes:
11 (A) Abandoned, wrecked, or dismantled motor
12 vehicles or boats or vessels;
13 (B) Automotive parts and equipment, appliances,
14 and furniture;
15 (C) Containers, packing materials, scrap metal,
16 wood, building materials, concrete masonry
17 units, litter, garbage, junk, rubbish, and
18 debris; and
19 (D) Any material that constitutes an offense of
20 displaying indecent matter under section
21 712-1211;
Prop Nuisance State Bill
EXHIBIT A
Page3
B . NO .
1 (2) Keeping, storing, depositing, or accumulating
2 dirt, sand, gravel, concrete, or other similar
3 materials that constitute visual blight;
4 (3) Operating a junk yard or automobile dismantling
5 . yard, except as a permitted use;
6 (4) Permitting standing or stagnant water to
7 accumulate, allowing vermin and insects to live,
8 breed, and multiply;
9 (5) Creating, permitting, or maintaining any
10 dangerous or unsightly condition that constitutes
11 visual blight;
12 (6) Attracting and providing a place of temporary
13 abode for vagrants, interlopers, or trespassers;
14 and
15 (7) Creating, permitting, or maintaining any
16 condition recognized in law or in equity as
17 constituting a public nuisance.
18 (d) Nothing in this section shall be deemed to create
19 liability:
20 (1) If the defendant ' s property or properties are not
21 zoned exclusively for residential use;
Prop Nuisance State Bill
EXHIBIT A
Page 4 . U . 1\Jc .
1 (2) If the defendant' s property use is a permitted
2 non-conforming use;
3 (3) For any public use or public works;
4 (4) For any publicly funded project;
5 (5) For agricultural use;
6 (6) For vacant property that has never been built on
7 that is in a predominantly natural state; and
8 (7) For construction and demolition activity pursuant
9 to a permit, law, ordinance, regulation, or an
10 emergency and for the presence of equipment and
11 material for a reasonable time after that
12 construction and demolition activity has ceased.
13 (e) For purposes of this section, "visual blight" means
14 any unreasonable or unlawful condition, or use of premises or of
15 a building exterior or interior that by reason of its appearance
16 as viewed at ground level from the public right-of-way or from
17 the neighboring premises, is detrimental to:
18 (1) The surrounding areas and the valuation of the
19 property of another; or
20 (2) The health, safety, and welfare of individuals
21 residing within that community. "
22
Prop Nuisance State Bill
EXHIBIT A
Page 5
. B . NO
SECTION 2 . New statutory material is underscored.
2 SECTION 3. This Act shall take effect upon approval.
3
4 INTRODUCED BY:
Prop Nuisance State Bill
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO VOTING.
PURPOSE: Allows citizens to register to vote on election day.
MEANS: Add a new section to Chapter 11, Hawaii Revised
Statutes.
JUSTIFICATION: Hawaii state statute requires voters to register 30
days in advance to vote in a primary, general or
special election. In 2010, only 36% of eligible Hawaii
citizens turned out to vote according to the United
States Elections Project. Nine states currently allow
voters to register and vote on the same day. These
nine states have reported increased voter turnout
since the enactment of same day registration
legislation, with up to a 17% higher voter turnout rate
than the national average. Removal of the 30 day
registration requirement and allowing citizens to
register to vote on election day will increase the
convenience and ease for Hawaii's citizenry to turn
out to vote.
EXHIBIT A
B . NO .
A BILL FOR AN ACT
RELATING TO VOTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended
2 by adding a new section to be appropriately designated and to
3 read as follows:
4 "§11- Election day voter registration.
5 (a) Notwithstanding any law to the contrary, an individual
6 who is eligible to vote may register on the day of an election
7 by:
8 (1) Appearing in person at the polling place for the
9 precinct in which the voter maintains residency;
10 (2) Completing a voter registration application;
11 (3) Making an oath on a form prescribed by the chief
12 election officer; and
13 (4) Providing proof of residency;
14 provided that in the case of an election conducted by mail, an
15 individual who is eligible to vote may register at the walk-in
16 locations in the same manner as prescribed in paragraphs (1)
17 through (4) .
Voter Reg State Bill
EXHIBIT A
Page 2
N
1 (b) An individual may prove residency for purposes of this
2 section by presenting:
3 (1) A valid Hawaii driver' s license or Hawaii state
4 identification card; or
5 (2) Any documentation approved by the chief election
6 officer.
7 (c) No precinct official shall receive the vote of any
8 individual who is not registered pursuant to subsection (a) or
9 section 11-15.
10 (d) The chief election officer or the chief election
11 officer' s designee shall maintain a record of the number of
12 individuals who registered to vote on election day and voted, as
13 well as the number of individuals who attempted to register on
14 election day, but were unable to provide proof of residency
15 pursuant to subsection (b) . The record shall be included with
16 the election returns for each precinct.
17 (e) The chief election officer shall establish rules
18 pursuant to chapter 91, as necessary to carry out this section. "
19 SECTION 3. New statutory material is underscored.
20 SECTION 4. This Act shall take effect upon its approval.
21
22 INTRODUCED BY:
Voter Reg State Bill
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: URGING THE UNITED STATES DEPARTMENT OF
STATE, THE DEPARTMENT OF HOMELAND
SECURITY, AND THE UNITED STATES ATTORNEY
GENERAL TO EASE VISA RESTRICTIONS FOR
THE PEOPLE'S REPUBLIC OF CHINA.
PURPOSE: Supporting the easing of visa restrictions for the
People's Republic of China.
MEANS: Concurrent Resolution
JUSTIFICATION: The People's Republic of China (PRC) is now a major
trade partner with the United States (U.S.), a world
leader in the auto market and the world's largest
producer of energy. PRC has approximately 1.3
billion citizens which represents a very large and
lucrative pool of visitors, as the average PRC tourist
to Hawaii spends on average $368 per day,
compared to the $275 daily for every Japanese tourist
and just $178 per day for every other tourist to
Hawaii. However, despite the reciprocity between
China and Hawaii, the visa application and approval
process for PRC business and tourist travelers is an
arduous and often lengthy process which deters
potential visitors to Hawaii and the U.S. A PRC
citizen who wishes to visit the U.S. must appear in
person before a U.S. consulate official to obtain the
visa, but there are only five U.S. consulates in the
entire PRC. The average wait time for a PRC visa
applicant far exceeds wait times for other countries.
The solution to ease this problem is for the PRC to be
admitted to the U.S. State Department's Visa Waiver
Program which allows nationals from foreign countries
to enter the U.S. for tourism or business related
purposes for a maximum of 90 days without obtaining
a visa. Currently there are 36 countries admitted into
the Visa Waiver Program.
EXHIBIT A
C . R. NO .
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 WHEREAS, the first one hundred seventy-five laborers were
5 from Hong Kong bound for Maui-most of them from depression-torn
6 Guangdong and Fujian in southern China; and
7 WHEREAS, from 1852 to 1876, nearly 4 , 000 Chinese laborers
8 migrated to Hawaii; and by 1882, these huagiao or migrants made
9 up almost 49 percent of plantation labor, outnumbering
10 Caucasians in the islands; and
11 WHEREAS, the progeny of these humble but determined Chinese
12 immigrants rose quickly through the ranks of Hawaii' s
13 educational, political, and business communities, and would
14 leave lasting impacts on Hawaii and even the world—the most
PRC Visa State Bill
EXHIBIT A
1 famous of whom is referred to as "The Forerunner of the
2 Revolution, " Dr. Sun Yat-sen; and
3 WHEREAS, Dr. Sun' s education at Iolani School and Oahu
4 College inspired him to develop the vision of an educated,
5 strong, and democratic, modern-day China that he would dedicate
6 the rest of his life to building, and would later say that
7 Hawaii was where he "came to know what modern, civilized
8 governments are like and what they mean" ; and
9 WHEREAS, Dr. Sun established the first Chinese
10 revolutionary party, called Xing Thong Hui or Revive China
11 Society, and returned to Hawaii five more times at which time
12 many Hawaii families contributed financially to his cause; and
13 WHEREAS, the Counties of Hawaii Sister-Cities Summit held
14 in Honolulu on September 13-15, 2011 highlighted the
15 inextricable and historic ties between China and Hawaii with a
16 particular emphasis on strengthening our relationships with
17 Honolulu' s sister cities of Zhongshan, Haikou, Qinhuangdao, and
18 Chengdu; and
19 WHEREAS, the summit demonstrated that China will continue
20 to embrace our open door policy and fortified our understanding
21 of each other' s needs in the areas of cultural exchange,
22 economic development, trade, tourism, and education; and
PRC Visa State Bill
EXHIBIT A
Page 2
CR. NO .
1 WHEREAS, recently, members of Hawaii' s business and
2 government communities welcomed 271 passengers at Honolulu
3 International Airport from China Eastern Airlines' inaugural
4 direct flight from Shanghai, heralding a new era for Honolulu' s
5 economic growth and forging closer ties between the United
6 States and China; and
7 WHEREAS, the People' s Republic of China, with its 1. 3
8 billion people, represents a very large and lucrative pool of
9 visitors, as the average Chinese tourist to Hawaii is expected
10 to spend about $368 per day, compared to $275 daily for every
11 Japanese tourist and just $178 per day, on average, for all
12 tourists to Hawaii; and
13 WHEREAS, tourism dollars have been identified by the United
14 States Department of Commerce as an export, and President Barack
15 Obama' s National Export Initiative of May 2010 seeks to double
16 U.S. exports by 2015; and
17 WHEREAS, China has transformed itself from an impoverished
18 country to the world' s second largest economy, and as it grows,
19 continues to have an impact on Hawaii and the globe; and
20 WHEREAS, China is now a major trade partner with the United
21 States and force for stability and peace in Asia, and has become
PRC Visa State Bill
EXHIBIT A
Page 3
. C . R. NO .
1 a world leader in the auto market and the world' s largest
2 producer of energy; and
3 WHEREAS, in spite of the reciprocity between China and
4 Hawaii, the visa application and approval process for Chinese
5 business and tourist travelers is an arduous and often lengthy
6 process which deters many potential visitors to Hawaii and the
7 United States; and
8 WHEREAS, a Chinese citizen who wishes to visit the United
9 States must appear in person before a U.S. consulate official to
10 obtain the visa but there are only five U.S. consulates in the
11 entire People' s Republic of China; and
12 WHEREAS, due to the small number of consulates and staff to
13 handle the in-person interviews necessary for entry visas, the
14 average wait times for those interviews in China far exceed
15 those wait times in other countries; and
16 WHEREAS, one solution to ease this problem is for a country
17 to be admitted to the U. S. State Department' s Visa Waiver
18 Program, which allows nationals from foreign countries to enter
19 the United States for tourism- or business-related purposes for
20 as long as 90 days without obtaining a visa; and
PRC Visa State Bill
EXHIBIT A
Page 4
. CR . NO
1 WHEREAS, both Japan and South Korea qualify for visa
2 waivers; and
3 WHEREAS, when South Korea became one of the 36 countries in
4 the State Department' s Visa Waiver Program in November of 2008,
5 it boosted tourism to Hawaii from that country; and
6 WHEREAS, in order for a country to qualify for the Visa
7 Waiver Program, the country must satisfy certain conditions,
8 with the United States government retaining the ultimate
9 discretion to admit the country to the program; and
10 WHEREAS, one condition for entry into the waiver program is
11 the rate of refusal of a country' s visa applicants which must be
12 three percent or lower; and
13 WHEREAS, the refusal rate for Chinese visa applicants was
14 13 .3 percent as of 2010; and
15 WHEREAS, the Travel and Tourism Advisory Board, a newly
16 created industry group appointed by the U.S . Secretary of
17 Commerce, recommended measures that can be taken to increase
18 travel to the U.S. from China, which include: (1) raising the
19 visa refusal rate from three to 10 percent; (2) establishing a
20 maximum wait time for in-person visa interviews of five days;
21 (3) adding four to six visa processing locations and several
PRC Visa State Bill
EXHIBIT A
Page 5
CF . 1\IO .
1 hundred consulate officers to process visas; and (4) allowing
2 non-immigrant visas to last 10 years for Chinese visitors, which
3 is permitted in other countries; now, therefore
4 BE IT RESOLVED by the House of Representatives/Senate of
S the Twenty-seventh Legislature of the State of Hawaii, Regular
6 Session of 2013 , the Senate/House concurring, that it urges the
7 United States Department of State, the Department of Homeland
S Security, and the United States Attorney General to include the
9 People' s Republic of China in the Visa Waiver Program and
10 support the recommendations of the Travel and Tourism Advisory
11 Board to ease visa restrictions and the visa application and
12 approval process for business and tourist travelers from the
13 People' s Republic of China; and
PRC Visa State Bill
EXHIBIT A
Page 6
. C . R. NO .
1 BE IT FINALLY RESOLVED that copies of this Resolution be
2 transmitted to the Honorable Hillary Clinton, Secretary of the
3 U.S. Department of State; Secretary Janet Napolitano, Secretary
4 of the Department of Homeland Security; U.S. Attorney General
5 Eric H. Holder Jr. ; Secretary Rebecca Blank, Acting Secretary,
6 U.S. Department of Commerce; China' s Ambassador to the United
7 States, 2201 Wisconsin Avenue, N.W. , Suite 110, Washington, D.C.
8 20007 ; the members of Hawaii' s Congressional delegation; the
9 Hawaii Tourism Authority; the Director of the Hawaii State
10 Department of Business, Economic Development and Tourism; the
11 Asian American Institute, 4753 North Broadway, Suite 904,
12 Chicago, Illinois 60640; the Organization of Chinese Americans,
13 1322 18th Street, NW, Washington, D.C. 20036-1803 ; and the
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:
PRC Visa State Bill
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: URGING THE GOVERNOR AND THE
LEGISLATURE OF THE STATE OF HAWAII TO
PRESERVE THE COUNTIES' SHARE OF THE
TRANSIENT ACCOMMODATIONS TAX.
PURPOSE: Urging the state to preserve the Counties' share of
the transient accommodations tax.
MEANS: Resolution and Concurrent Resolution
JUSTIFICATION: Act 185 (1990) allocated to each County a percentage
share of the state levied transient accommodations
tax (TAT) to acknowledge that the fiscal burdens
stemming from the tourist industry are borne by the
Counties, including the costs of providing police and
fire protection, maintaining County parks, beaches,
water systems, roads, sewer systems and other
tourism-related infrastructure. Since the enactment of
Act 185 (1990), TAT accounts for a significant portion
of each County's general fund budgets. As such,
maintaining the current TAT County allocations
enables the Counties to continue providing essential
government services without significantly raising
property taxes.
EXHIBIT A
H . R . NO .
HOUSE RESOLUTION
URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII
TO PRESERVE THE COUNTIES ' SHARE OF THE TRANSIENT
ACCOMMODATIONS TAX.
1 WHEREAS, the transient accommodations tax is a tax levied
2 by the state on the proceeds derived from furnishing transient
3 accommodations; and
4
5 WHEREAS, in the 1990 legislative session, the Hawaii state
6 legislature enacted Act 185 which gave the counties a share of
7 the transient accommodations tax; and
8
9 WHEREAS, according to Conference Committee Report 207 , the
10 purpose of Act 185 was to provide a more equitable method of
11 sharing state revenues with the counties rather than continuing
12 with the system existing at the time whereby the counties
13 requested financial assistance through grants in aid from the
14 state; and
15
16 WHEREAS, the county share of the tax also provides more
17 stability to county finances and enables improved budgeting and
18 planning; and
19
20 WHEREAS, currently, 44 . 8% of the total transient
21 accommodations tax collected by the state is distributed to the
22 counties; of this amount, the revenue is allocated as follows:
23
24 Kauai County 14 .5%
25 Hawaii County 18. 6%
26 City and County of Honolulu - 44 . 1%
27 Maui County 22. 8%
28 100.0%
29
30 and
31
EXHIBIT A
1 WHEREAS, the transient accommodations tax .revenues account
2 for a significant portion of the counties ' general fund budgets;
3 and
4
5 WHEREAS, maintaining the current allocation of the
6 transient accommodations tax would allow the counties to
7 continue providing essential government services to visitors and
8 residents ; and
9
10 WHEREAS, losing the current allocation of the transient
11 accommodations tax would require counties to significantly raise
12 property taxes; now, therefore,
13
14 BE IT RESOLVED by the Senate of the Twenty-eighth
15 Legislature of the State of Hawaii, Regular Session 2013 , that
16 the Governor and the Legislature are urged to preserve the
17 counties ' share of the transient accommodations tax; and
18
19 BE IT FURTHER RESOLVED that certified copies of this
20 Resolution be transmitted to the Governor, the Speaker of the
21 House, the President of the Hawaii State Association of
22 Counties, and the Mayors of the counties of Kauai, Hawaii,
23 Honolulu, and Maui.
24
25
26 OFFERED BY:
EXHIBIT A
S. R. NO .
SENATE RESOLUTION
URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII
TO PRESERVE THE COUNTIES ' SHARE OF THE TRANSIENT
ACCOMMODATIONS TAX.
1 WHEREAS, the transient accommodations tax is a tax levied
2 by the state on the proceeds derived from furnishing transient
3 accommodations; and
4
5 WHEREAS, in the 1990 legislative session, the Hawaii state
6 legislature enacted Act 185 which gave the counties a share of
7 the transient accommodations tax; and
8
9 WHEREAS, according to Conference Committee Report 207 , the
10 purpose of Act 185 was to provide a more equitable method of
11 sharing state revenues with the counties rather than continuing
12 with the system existing at the time whereby the counties
13 requested financial assistance through grants in aid from the
14 state; and
15
16 WHEREAS, the county share of the tax also provides more
17 stability to county finances and enables improved budgeting and
18 planning; and
19
20 WHEREAS, currently, 44 . 8% of the total transient
21 accommodations tax collected by the state is distributed to the
22 counties ; of this amount, the revenue is allocated as follows:
23
24 Kauai County 14 . 5%
25 Hawaii County 18 . 6%
26 City and County of Honolulu - 44 . 1%
27 Maui County 22 . 8%
28 100 . 0%
29
30 and
31
EXHIBIT A
1 WHEREAS, the transient accommodations tax revenues account
2 for a significant portion of the counties general fund budgets;
3 and
4
5 WHEREAS, maintaining the current allocation of the
6 transient accommodations tax would allow the counties to
7 continue providing essential government services to visitors and
8 residents; and
9
10 WHEREAS, losing the current allocation of the transient
11 accommodations tax would require counties to significantly raise
12 property taxes; now, therefore,
13
14 BE IT RESOLVED by the Senate of the Twenty-eighth
15 Legislature of the State of Hawaii, Regular Session 2013 , that
16 the Governor and the Legislature are urged to preserve the
17 counties ' share of the transient accommodations tax; and
18
19 BE IT FURTHER RESOLVED that certified copies of this
20 Resolution be transmitted to the Governor, the Speaker of the
21 House, the President of the Hawaii State Association of
22 Counties, and the Mayors of the counties of Kauai, Hawaii,
23 Honolulu, and Maui .
24
25
26 OFFERED BY:
EXHIBIT A
H . C . R. NO .
HOUSE CONCURRENT
RESOLUTION
URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII
TO PRESERVE THE COUNTIES ' SHARE OF THE TRANSIENT
ACCOMMODATIONS TAX.
1 WHEREAS, the transient accommodations tax is a tax levied
2 by the state on the proceeds derived from furnishing transient
3 accommodations; and
4
5 WHEREAS, in the 1990 legislative session, the Hawaii state
6 legislature enacted Act 185 which gave the counties a share of
7 the transient accommodations tax; and
8
9 WHEREAS, according to Conference Committee Report 207 , the
10 purpose of Act 185 was to provide a more equitable method of
11 sharing state revenues with the counties rather than continuing
12 with the system existing at the time whereby the counties
13 requested financial assistance through grants in aid from the
14 state; and
15
16 WHEREAS, the county share of the tax also provides more
17 stability to county finances and enables improved budgeting and
18 planning; and
19
20 WHEREAS, currently, 44 . 8% of the total transient
21 accommodations tax collected by the state is distributed to the
22 counties; of this amount, the revenue is allocated as follows :
23
24 Kauai County 14. 5%
25 Hawaii County 18. 6%
26 City and County of Honolulu - 44 . 1%
27 Maui County 22 . 8%
28 100. 0%
29
30 and
31
EXHIBIT A
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-eighth Legislature of the State of Hawaii, Regular
16 Session of 2013, the Senate concurring, that the Governor and
17 the Legislature of the State of Hawaii are urged to preserve the
18 counties ' share of the transient accommodations tax; and
19
20 BE IT FURTHER RESOLVED that certified copies of this
21 Concurrent Resolution be transmitted to the Governor, the
22 President of the Hawaii State Association of Counties, and the
23 Mayors of the counties of Kauai, Hawaii, Honolulu, and Maui.
24
25
26 OFFERED BY
EXHIBIT A
S . C. R . NO .
SENATE CONCURRENT
RESOLUTION
URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII
TO PRESERVE THE COUNTIES SHARE OF THE TRANSIENT
ACCOMMODATIONS TAX.
1 WHEREAS, the transient accommodations tax is a tax levied
2 by the state on the proceeds derived from furnishing transient
3 accommodations; and
4
5 WHEREAS, in the 1990 legislative session, the Hawaii state
6 legislature enacted Act 185 which gave the counties a share of
7 the transient accommodations tax; and
8
9 WHEREAS, according to Conference Committee Report 207 , the
10 purpose of Act 185 was to provide a more equitable method of
11 sharing state revenues with the counties rather than continuing
12 with the system existing at the time whereby the counties
13 requested financial assistance through grants in aid from the
14 state; and
15
16 WHEREAS, the county share of the tax also provides more
17 stability to county finances and enables improved budgeting and
18 planning; and
19
20 WHEREAS, currently, 44 . 8% of the total transient
21 accommodations tax collected by the state is distributed to the
22 counties; of this amount, the revenue is allocated as follows :
23
24 Kauai County 14 . 5%
25 Hawaii County 18 . 6%
26 City and County of Honolulu - 44. 1%
27 Maui County 22 . 8%
28 100 . 0%
29
30 and
31
EXHIBIT A
1 WHEREAS, the transient accommodations tax revenues account
2 for a significant portion of the counties general fund budgets;
3 and
4
5 WHEREAS, maintaining the current allocation of the
6 transient accommodations tax would allow the counties to
7 continue providing essential government services to visitors and
8 residents; and
9
10 WHEREAS, losing the current allocation of the transient
11 accommodations tax would require counties to significantly raise
12 property taxes ; now, therefore,
13
14 BE IT RESOLVED by the Senate of the Twenty-eighth
15 Legislature of the State of Hawaii, Regular Session of 2013 , the
16 House of Representatives concurring, that the Governor and the
17 Legislature of the State of Hawaii are urged to preserve the
18 counties ' share of the transient accommodations tax; and
19
20 BE IT FURTHER RESOLVED that certified copies of this
21 Concurrent Resolution be transmitted to the Governor, the
22 President of the Hawaii State Association of Counties, and the
23 Mayors of the counties of Kauai, Hawaii, Honolulu, and Maui.
24
25
26 OFFERED BY:
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO HAWAII EMPLOYER-UNION
HEALTH BENEFITS TRUST FUND BOARD OF
TRUSTEES.
PURPOSE: Designates one of the five seats allocated to
represent "public employers" on the Hawaii Employer-
Union Health Benefits Trust Fund Board of Trustees
to be filled by an individual appointed by the four
County Mayors and approved by the Hawaii State
Association of Counties.
MEANS: Amend §87A-5, Hawaii Revised Statutes
JUSTIFICATION: As one of the major public employers in the state of
Hawaii, the Counties contribute a substantial amount
to the Hawaii Employer-Union Health Benefit Trust
Fund (EUTF) and County employees and retirees are
deeply affected by the benefit decisions made by the
EUTF Board of Trustees. However, the Counties do
not have representation on the EUTF Board. A
designated County Trustee on the EUTF Board would
provide the Board with the needed fiscal expertise
and knowledge of County finances and the County
workplace.
EXHIBIT A
B . NO .
A BILL FOR AN ACT
RELATING TO HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND
BOARD OF TRUSTEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The 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 by
8 board decisions .
9 The purpose of this Act is to require that one of the five
'10 seats on the board allocated to public employers be occupied by
11 a member appointed by the mayors of all four counties and
12 approved by the Hawaii State Association of Counties .
13 SECTION 2 . Section 87A-5, Hawaii Revised Statutes, is
14 amended to read as follows :
15 " 87A-5 Composition of board.
EUTF State Bill
EXHIBIT A
Page 2
. B • r\ic .
1 The board of trustees of the employer-union health benefits
2 trust fund shall consist of ten trustees appointed [by the
3 governor] in accordance with the following procedure:
4 (1) Five trustees [T] appointed by the governor, one of
5 whom shall represent retirees, to represent employee-
6 beneficiaries and to be selected as follows :
7 (A) Three trustees shall be appointed from a list of
8 two nominees per trustee selected by each of the
9 three exclusive representative organizations that
10 have the largest number of employee-
11 beneficiaries;
12 (B) One trustee shall be appointed from a list of two
13 nominees selected by mutual agreement of the
14 remaining exclusive employee representative
15 organizations; and
16 (C) One trustee representing retirees shall be
17 appointed from a list of two nominees selected by
18 mutual agreement of all eligible exclusive
19 representatives; and
20 (2) Five trustees to represent public employers [—] ,
21 four of whom shall be appointed by the governor,
EUTF State Bill
EXHIBIT A
Page 3
B .
1 and one of whom shall be appointed by unanimous
2 agreement of the mayors of each of the four
3 counties and approved by the Hawaii State
4 Association of Counties to represent the city and
5 county of Honolulu and the counties of Hawaii,
6 Maui, and Kauai; provided that if the counties do
7 not make an appointment within sixty days, the
8 governor may fill the vacancy.
9 Section 26-34 shall not apply to board member selection and
10 terms . Notwithstanding any other provision of this section, no
11 exclusive representative of a bargaining unit that sponsors or
12 participates in a voluntary employee beneficiary association
13 shall be eligible to select nominees or to be represented by a
14 trustee on the board.
15 As used in this section, the term "exclusive
16 representative" shall have the same meaning as in section 89-2 . "
17 SECTION 3 . Statutory material to be repealed is bracketed
18 and stricken. New statutory material is underscored.
19 SECTION 4 . This Act shall take effect upon its approval.
20
21 INTRODUCED BY:
EUTF State Bill
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO THE EMPLOYEES' RETIREMENT
SYSTEM.
PURPOSE: Adds one additional member to the Employees'
Retirement System Board of Trustees, specifically
designated to represent the Counties.
MEANS: Amends §88-24, Hawaii Revised Statutes
JUSTIFICATION: As one of the major public employers in the state of
Hawaii, the Counties contribute a substantial amount
to the Employees' Retirement System (ERS) and
County employees and retirees are deeply affected by
the benefit decisions made by the ERS Board of
Trustees. However, the Counties do not have
representation on the ERS Board. A designated
County Trustee on the ERS Board would provide the
Board with the needed fiscal expertise and knowledge
of County finances and the County workplace.
EXHIBIT A
B . NO .
A BILL FOR AN ACT
RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that the counties need
2 county representation on the board of trustees of the employees '
3 retirement system of the State. The counties contribute a
4 considerable share to retirement system costs, and their
5 employees and retirees are a significant portion of the system' s
6 membership. County representation will ensure that the board
7 possesses expertise about county finances and the county
8 workforce in making benefit decisions . Lack of representation
9 may result in a situation where board members do not fully
10 consider the costs of their actions on the counties, resulting
11 in changes that may not be cost beneficial in the aggregate or
12 may affect the retirement income of county employees and
13 retirees.
14 The purpose of this Act is to include county representation
15 on the membership of the board of trustees of the employees '
16 retirement system.
Reso ERS
EXHIBIT A
Page2 V .
. B . N 1 SECTION 2 . Section 88-24, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "§88-24 Composition of board. The board of trustees shall
4 consist of [eight] ten members as follows :
5 (1) The director of finance of the State, ex officio;
6 (2) [- -=] Five members of the system, [t-w-e] three of whom
7 shall be general employees, one of whom shall be a
8 teacher, and one of whom shall be a retirant to be
9 elected by the members and retirants of the system
10 under rules adopted by the board governing the
11 election to serve for terms of six years each, one of
12 the terms to expire on January 1 of each even-numbered
13 year; provided that, if after the close of filing of
14 petitions for candidacy, a member is unopposed for
15 election to a trustee position, the member shall be
16 deemed and declared to be duly and legally elected to
17 the position of trustee without an election; and
18 (3) Three citizens of the State who are not employees, two
19 of whom have at least three years of experience
20 providing financial services, including investments,
21 to public, corporate, or private institutional
22 clients, to be appointed by the governor, with the
Reso ERS
EXHIBIT A
Page 3 . B NO .
1 advice and consent of the senate, to serve for a term
2 of six years each, one of the terms to expire
3 January 1 of each odd-numbered year [-:) ; and
4 (4) One member appointed by unanimous agreement of the
5 mayors of each of the four counties and approved by
6 the Hawaii State Association of Counties, subject to
7 the advice and consent of the senate in the same
8 manner as trustees appointed by the governor, to serve
9 for a term of six years, with each term to expire on
10 January l 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.
Reso ERS
EXHIBIT A
Page4 . B , NO
1 SECTION 4 . This Act shall take effect on July 1, 2030 .
2
3 INTRODUCED BY:
Reso ERS
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO ELECTRONIC WASTE RECYCLING.
PURPOSE: Establish an electronic waste recycling program
administered by the state Department of Health.
MEANS: Add new sections to chapter 339D, Hawaii Revised
Statutes (HRS). Amend §§339D-1, 339D-4, 339D-6,
339D-8, 339D-11, 3390-12, HRS. Repeal chapter
339D, part IV, HRS.
JUSTIFICATION: Electronic waste (e-waste) is the fastest growing
segment of the municipal solid waste stream.
Common examples of e-waste include televisions,
computer-related devices, cellular telephones,
electronic toys and digital cameras. As technology
continues to advance and the use of electronic
devices become more prevalent in the workplace and
at home, the amount of e-waste will continue to
increase. When these devices are not disposed or
recycled properly, the risk of toxic materials within
these devices leaching into the environment rises. It
is incumbent upon the state to establish a clear and
effective e-waste recycling program that is equitable
to address public health and safety concerns.
1
2 B . NO .
3
4
5 A BILL FOR AN ACT
6 RELATING TO ELECTRONIC WASTE RECYCLING.
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
9 SECTION 1 . Chapter 3391), Hawaii Revised Statutes, is
10 amended by adding four new sections to be appropriately
11 designated and to read as follows:
12 "§339D-A Annual reporting; determination of market share.
13 (a) Each electronic device manufacturer shall report
14 annually to the department its sales, by weight, of the
15 manufacturer' s covered electronic devices in the State,
16 categorized by type, to the extent known. If the electronic
17 device manufacturer is unable to provide accurate sales data, it
18 shall explain why the data cannot be provided and estimate its
19 sales data using a method established by the department by rule.
20 b) The department shall determine annually an electronic
21 device manufacturer' s market share. An electronic device
E-waste State Bill
EXHIBIT A
1 manufacturer' s market share shall be the percentage of the
2 weight of all covered electronic devices sold in the State
3 comprised of covered electronic devices sold by the electronic
4 device manufacturer .
5 (c) The department shall use the best available
6 information to establish the weight of all electronic devices
7 sold in the State, including but not limited to the reports
8 submitted pursuant to subsection (a) , state and national sales
9 data, and other reliable commercially available, supplemental
10 sources of information.
11 (d) Beginning March 15, 2014, and each year thereafter,
12 the department shall notify each electronic device manufacturer
13 of its recycling responsibility under section 339D-4, based on
14 the department ' s determination of its market share.
15 §339D-E Liability for stored information.
16 An electronic device manufacturer shall not be liable for
17 any loss or misuse of electronic data or other information that
18 a consumer may have stored on a covered electronic device that
19 is recovered or recycled by the electronic device manufacturer.
20 §339D-C Environmental management.
21 (a) All covered electronic devices shall be recycled
22 pursuant to this chapter, in a manner that complies with
23 applicable federal, state, and county laws and requirements.
E-waste State Bill
EXHIBIT A
1 (b) The department shall adopt rules, pursuant to chapter
2 91, that include the Institute of Scrap Recycling Industries,
3 Inc. ' s Electronics Recycling Operating Practices as requirements
4 for recycling covered electronic devices .
5 §339D-D State procurement.
6 Any state or county agency that purchases or leases any
7 covered electronic device shall require each prospective offeror
8 to certify compliance with this chapter. Failure to provide
9 certification shall disqualify the prospective offeror. "
10 SECTION 2 . Section 339D-1, Hawaii Revised Statutes, is
11 amended as follows:
12 By amending the definitions of "brand", "covered electronic
13 device", "covered entity", "covered television", "recycling",
14 and "retailer" to read:
15 1 . "Brand" means a symbol, word, or mark that identifies
16 a covered electronic device [er a covered television] , rather
17 than any of its components .
18 "Covered electronic device" :
19 (1) Means W :
20 (A) A computer, computer printer, computer
21 monitor, or portable computer with a screen
22 size greater than four inches measured
23 diagonally; [and] or
E-waste State Bill
EXHIBIT A
1 (B) A television with a screen size of nine
2 inches or larger as measured diagonally;
3 and
4
5 (2) Shall not include:
6 (A) A covered electronic device that is a part
7 of a motor vehicle or any component part of
8 a motor vehicle assembled by or for a motor
9 vehicle manufacturer or franchised dealer,
10 including replacement parts for use in a
11 motor vehicle;
12 (B) A covered electronic device that is
13 functionally or physically required as a
14 part of a larger piece of equipment designed
15 and intended for use in an industrial,
16 commercial, or medical setting, including
17 diagnostic, monitoring, or control
18 equipment;
19 (C) A covered electronic device that is
20 contained within a clothes washer, clothes
21 dryer, refrigerator, refrigerator and
22 freezer, microwave oven, conventional oven
E-waste State Bill
EXHIBIT A
1 or range, dishwasher, room air conditioner,
2 dehumidifier, or air purifier; or
3 (D) A telephone of any type. "
4 "Covered entity" means any [household, ) person, government
5 entity, business, or nonprofit organization exempt from taxation
6 under section 501 (c) (3) of the Internal Revenue Code, regardless
7 of size or place of operation within the State .
8 ["Covered television" :
9 +1* M -ans] "Television" means any device that is
10 capable of receiving broadcast, cable, or
11 satellite signals and displaying television or
12 video programming, including without limitation
13 any direct view or projection television [with a-
14 viewable screen of nine inches e —Ararger] with
15 display technology based on cathode ray tube,
16 plasma, liquid crystal, digital light processing,
17 liquid crystal on silicon, silicon crystal
18 reflective display, light emitting diode, or
19 similar technology marketed and intended for use
20 by a [houschcld; ] person;
21 [-R.+ Shall not includc:
22 +A* A computer, computer printer, computer
23 monitor, or portable computer;
E-waste State Bill
EXHIBIT A
1 443+ A televi.Aon that i-e—a—p-a-rt of a motor
2 vehic a a sevilpenent part of a motor
—
3 vehicle assembled by o f -
4 - d d-aler, including
5 .repldeement parts for use in a motor
6
7 (C) - - . ° - - aIl-y—d -
8 physically required as a part of a larger
9 picee—e-f---equ-i-pment designed and intended for
10 use in an industrial, commercial, e-r medical
11 setting, including ' ,
12
13 (D) L - - ' p -zing a mobil-e--
14 . telephone; ] or
15 -(-J&+ A global po.,itioning system. ]
16 "Recycling" means processing (including disassembling,
17 dismantling, or shredding) covered electronic devices [or
18 covered - ' ono] or their components to recover a useable
19 product; provided that "recycling" does not include any process
20 defined as incineration under applicable laws and rules . "
21 "Retailer" means any person who offers covered electronic
22 devices [or cover-; - - ] for sale, other than for resale
Ewaste State Bill
EXHIBIT A
1 by the purchaser, through any means, including sales outlets,
2 catalogs, or the Internet . "
3 2 . By deleting the definitions of "household", "market
4 share", and "television manufacturer" .
5 [" - " ,1 a single detached
6 dwelli z • of a single unit of a multipl-
7 - — - z - ' --er covered television
8 at a dwel-l-ing unit primarily for personal or home business U5C.
9 ""Market . hare" :
10 (1) Means the calculatio z "."
11
12 . - s ' prior year' s
13 for all televisions, as determined by the
14 department;
15 -(2) May be expre-sed as a p . z- , --fraction, cr
16 a decimal fraction.
17
18 (1) Manufacture. f-e ' - -4; -e-.feel-
19
20 own. ;
21 -(-2+ Manufactures fz - - - z
22 televisions without affixing a brand;
E-waste State Bill
EXHIBIT A
1 +3* t - o - - to a cored-television
2 manufactured -b. 4 . under a brand that the
3 seller owns o-r -- ~ ;
4 41) _ r _ -- . es or exports from
5 the United States a covered television for sale
6 in the State;
7 -{5) Sells at retail a covered television acquired
8 from an imoc - • :-_ . ragraph ( '1) , and
9 elects to register as the manufacturer for those
10 p-o ct-s;
11 +€+ - - _ . - - _ _- _ , upplies
12 them to any person or persons within a
13 distribut--won network that includes dholesalcrs or
14 - - ;
15 (7) A - csponsibilities and obligations of a
16 _ . - . . _ _- - _ st-
17 In the event the television manufacturer. is one who
18 manufactures, sells, or resells covered televisions under a
19 brand for which it has obtained the license, then the licensor
20 . .r: = of the brand shall not be included in the
21 definition of television manufacturer under paragraph (I) or
22 (3) . "]
E-waste State Bill
EXHIBIT A
1 SECTION 3. Section 3390-4, Hawaii Revised Statutes, is
2 amended by amending subsections (c) and (d) to read as follows:
3 " (c) By June 1, 2009, and annually thereafter, each
4 electronic device manufacturer shall submit a plan to the
5 department to establish, conduct, and manage a program for the
6 collection, transportation, and recycling of its covered
7 electronic devices sold in the State, which shall be subject to
8 the following conditions:
9 +1--) F- it the charging of a fcc
10
11 electronic device is brought by the covered
12 a central location for
13 recycling; provided that the plan may include a
14 reasonable transportation fcc if the electronic
15 device manufacturer or electronic device
16
17 z - -- -
18 the—e l -z.est and if the removal is not in
19
20 device to the owner; and]
21 (1) The plan shall include a description of the
22 methods for the convenient collection of covered
23 electronic devices at no cost to the covered
E-waste State Bill
EXHIBIT A
1 entities. The recycling plan shall._provide
2 collection services of covered electronic devices
3 in each county of the state. In addition, for
4 United States Postal Zip Code areas with a
5 population greater than twenty-five thousand, the
6 plan shall provide at least one of the following
7 services:
8 (A) A staffed drop-off site;
9 (B) Alternative collection service such as on-
10 site pick-up service; or
11 (C) Collection events which are periodically
12 held at an easily accessible, central
13 location;
14 (2) Each electronic device manufacturer may develop
15 its own recycling program or may collaborate with
16 other electronic device manufacturers, so long as
17 the program is implemented and fully operational
18 no later than January 1, 2010 [—] ;
19 (3) Each electronic device manufacturer' s plan shall
20 provide for recycling covered electronic devices
21 of an amount equal in weight to its market share
22 of covered electronic devices sold in the State
E-waste State Bill
EXHIBIT A
each year as determined pursuant to section 339D-
2 A; and
3 (4) Plans that contain only a mail-back option shall
4 not be allowed.
5 (d) By March 31, 2011, and annually thereafter, each
6 electronic device manufacturer shall submit a report to the
7 department of the total weight of all covered electronic devices
8 recycled in the previous year, which may include both an
9 electronic device manufacturer' s own covered electronic devices
10 and those of other manufacturers. "
11 SECTION 4 . Section 339D-6, Hawaii Revised Statutes, is
12 amended to read as follows:
13 " f41§339D-6[1] Department responsibility.
14 (a) Beginning January 1, 2010, the department shall
15 maintain and update a website and a toll-free number with
16 current information on where covered entities can return covered
17 electronic devices for recycling.
18 (b) The department, in consultation with electronic device
19 manufacturers, shall develop an electronic device recycling
20 education program for consumers . "
21 SECTION 5. Section 339D-7 . 5, Hawaii Revised Statutes, is
22 amended to read as follows:
E-waste State Bill
EXHIBIT A
'1 " (4-1§339D-7 .5 {-1] Manufacturer and agent responsibilities;
2 regulatory compliance.
3 Each electronic device manufacturer [and television
4 manufacturer] shall be responsible for ensuring that the
5 electronic device manufacturer and its agents follow all
6 federal, state, and local regulations when collecting,
7 transporting, and recycling covered electronic devices [or
8 covered televisions] , and adopt environmentally sound recycling
9 practices for the covered electronic devices [or eeve-r-ed-
10
11 SECTION 6. Section 339D-8, Hawaii Revised Statutes, is
12 amended to read as follows:
13 §339D-8 Enforcement.
14 (a) The department may conduct audits and inspections to
15 determine compliance under this chapter. Except as provided in
16 subsection (c) , the department and the attorney general shall be
17 empowered to enforce this chapter and take necessary action
18 against any electronic device ' c- ufacturcr] or
19 retailer for failure to comply with this chapter or rules
20 adopted thereunder.
21 (b) The attorney general may file suit in the name of the
22 State to enjoin an activity related to the sale of covered
E-waste State Bill
EXHIBIT A
electronic devices [or covcrcd tclevioion-s] in violation of this
2 chapter.
3 (c) The department shall issue a warning notice to a
4 person for the person' s first violation of this chapter. The
5 person shall comply with this chapter within sixty days of the
6 date the warning notice was issued or be subject to the
7 penalties provided by law or rule, including [7] but not limited
to[7-] penalties set forth in subsections (d) through (g) . A
9 retailer that receives a warning notice from the department for
10 a violation of section 339D-3 (a) [or -339D 21 (a) ] shall submit
11 proof to the department, within sixty days from the date the
12 warning notice was issued, that its inventory of covered
13 electronic devices [or ca . - ] offered for sale is
14 in compliance with this chapter.
15 (d) Any retailer who sells or offers for sale an unlabeled
16 covered electronic device [a d covcrcd tcicvicion] in
17 violation of section 339D-3 [a ' e - a tirve-1-yT] or any
18 electronic device [or tcicvision] manufacturer that fails to
19 comply with any provision of section 339D-4 [or 339D 23,
20 rcpcctively, ] may be assessed a penalty of up to $10, 000 for
21 the first violation and up to $25, 000 for the second and each
22 subsequent violation, in addition to any additional penalties
23 required or imposed pursuant to this chapter .
E-waste State Bill
EXHIBIT A
1 (e) Except as provided in subsection (d) , any person who
2 violates any requirement of this chapter may be assessed a
3 penalty of up to $1, 000 for the first violation and up to $2, 000
4 for the second and each subsequent violation, in addition to any
5 additional penalties required or imposed pursuant to this
6 chapter.
7 (f) The department shall determine additional penalties
8 based on adverse impact to the environment, unfair competitive
9 advantage, and other considerations that the department deems
10 appropriate.
11 (g) If [a covered tclevisi-en-] an electronic device
12 manufacturer fails to recycle its market share allocation, the
13 department shall impose a penalty of [454-ec&] $ per
14 pound for each pound not recycled. "
15 SECTION 7 . Section 339D-9, Hawaii Revised Statutes, is
16 amended by amending subsection (b) to read as follows:
17 " (b) Notwithstanding subsection (a) , the department shall
18 not have the authority to assess any fees, including an advanced
19 recycling fee, registration fee, or other fee, on consumers [=
20 television manufacturers, or retailers for recovery of covered
21 _ _ _ -- _ • e _ . .
22 221 . "
Ewaste State Bill
EXHIBIT A
1 SECTION 8 . Section 339D-11, Hawaii Revised Statutes, is
2 amended by amending subsection (b) to read as follows:
3 (b) The department shall compile the information submitted
4 by [covered television] electronic device manufacturers and
5 issue a report to the legislature no later than April 1, 2012,
6 and annually each year thereafter. "
7 SECTION 9. Section 339D-12, Hawaii Revised Statutes, is
8 amended to read as follows:
9 "§339D-12 Federal preemption.
10 [4a) Part-II of this] This chapter shall be deemed
11 repealed if a federal law or a combination of federal laws takes
12 effect that establishes a national program for the collection
13 and recycling of covered electronic devices that substantially
14 meets the intent of [part II of) this chapter, including the
15 creation of a financing mechanism for collection,
16 transportation, and recycling of all covered electronic devices
17 from covered entities in the United States.
18 HI)) [P- - .ptcr shall be deemed repealed if
19 a federal law or ; takes effect-t-ha4-
21 tcleviAens that sub..tantially
22 this chapter. ) "
E-waste State Bill
EXHIBIT A
SECTION 10 . Chapter 339D, part IV, Hawaii Revised
2 Statutes, is repealed.
3 SECTION 11 . No later than December 31, 2013, the
4 department of health shall adopt rules, pursuant to chapter 91,
5 that authorize the recovery and recycling of cathode ray tubes
6 in Hawaii to safely further the objectives of chapter 339D,
7 Hawaii Revised Statutes .
8 SECTION 12 . In codifying the new sections added by section
9 1 of this Act, the revisor of statutes shall substitute
10 appropriate section numbers for the letters used in designating
11 the new sections in this Act.
12 SECTION 13. Statutory material to be repealed is bracketed
13 and stricken. New statutory material is underscored.
14 SECTION 14 . This Act shall take effect upon its approval.
15
16 INTRODUCED BY:
E-waste State Bill
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO TRAFFIC INFRACTIONS.
PURPOSE: Transmits a portion of the fines and forfeitures from
uncontested traffic infractions to the Counties.
MEANS: Adding a new Chapter to Hawaii Revised Statutes
JUSTIFICATION: Counties are the entities responsible for enforcing
both the statewide traffic code and County traffic
ordinances. The costs to the Counties to enforce the
state and County traffic laws and prosecute violators
are substantial and presently paid primarily from
County general funds. However, all fines and
forfeitures from the state and County traffic violations
are paid wholly to the state and deposited into the
state general fund. None of the revenues derived
from fines and forfeitures are transmitted to the
County, the enforcement entity. A substantial portion
of the traffic fines and forfeitures are uncontested and
as such, require minimal fund expenditures by the
state Judiciary to administer. As such, transferring a
portion of uncontested fines and forfeitures stemming
from uncontested traffic infractions would be equitable
and assist the Counties in covering the costs to
enforce state and County traffic laws.
EXHIBIT A
. B . NO .
A BILL FOR AN ACT
RELATING TO TRAFFIC INFRACTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The Hawaii Revised Statutes is amended by
2 adding a new chapter to be appropriately designated and to read
3 as follows :
4 "CHAPTER .
5 TRANSMITTAL OF UNCONTESTED TRAFFIC FINES
6 AND FORFEITURES TO COUNTIES
7 § - 1 Definitions. For purposes of this chapter,
8 unless the context clearly requires otherwise:
9 "Traffic infraction" means the same as defined under
10 section 291D-2 .
11 "Uncontested traffic infraction" means a traffic infraction
12 for which the person noticed under section 291D-5 does not
13 contest the infraction. A person "does not contest" an
14 infraction if, in accordance with section 291D-6 (b) ( 1) , the
15 person admits the commission of the infraction without
16 requesting a hearing to explain mitigating circumstances and
17 pays or remits bail forfeiture by mail within thirty days .
EXHIBIT A
Page2
. 13 . NOM
1 § -2 Transmittal of fines and forfeitures. (a ) The state
2 director of finance shall transmit to each county not more than
3 thirty days after the end of each fiscal quarter per cent of
4 all the fines and forfeitures collected for uncontested traffic
5 infractions committed in that county which are in excess of
6 amounts required by the State to pay the administrative costs of
7 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 or
20 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
EXHIBIT A
Page3
ia. NO .
1 traffic infractions shall be paid to the state director of
2 finance [of the State] .
3 The judiciary shall identify those uncontested traffic
4 infractions as defined in section -1 . The disposition of fines
5 and forfeitures paid to the state director of finance shall be
6 subject to section -2 . "
7 SECTION 3 . Statutory material to be deleted is bracketed
8 and stricken. New material is underscored.
9 SECTION 4 . This Act shall take effect on July 1 , 2013 .
10 INTRODUCED BY:
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
TITLE: Relating to Energy Resources
PURPOSE: To amend the State law (Act 204) that requires solar water
heating on all new single-family and duplex homes. The
amendment would require that the buyer-owner of a new
single-family or duplex home be the applicant for the variance
allowing on-demand gas in lieu of a solar water heater;
otherwise, a solar water heater will be required. This is a
consumer protection measure as well as an energy efficiency and
conservation measure.
MEANS: Amend Section 196-6.5, Hawai`i Revised Statutes
JUSTIFICATION: Amendments are necessary to fulfill the intention of the
Legislature, as expressed in Act 155, the Clean Energy
Initiative, that variances to the requirement of a solar water
heater would be "rarely" granted and that the "gas variance"
would be considered only if requested by the buyer-owner of a
new home who would be ultimately responsible for energy
consumption costs. Where there is no buyer occupant at the
time of building, the "gas variance" shall not be available. Other
variances, however, will remain. For example, if a home is being
built where there is little sun and the applicant can show that a
solar water heater is not feasible, it will not be required.
EXHIBIT A
.B . NO .
A BILL FOR A .ACT
RELATING TO ENERGY RESOURCES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Purpose and Findings. The legislature finds that
2 independence from fossil fuels is critical for the security and wellbeing of Hawaii's
3 residents and for the sustainability and vitality of Hawaii's economy. Rising oil
4 costs and increased dependence on foreign oil continue to place Hawaii's families
5 and businesses in a vulnerable position. Continued consumption of fossil fuel will
6 also worsen global warming, which in turn could mean increasing frequency and
7 intensity of storms and rising sea levels in Hawaii. This will cause significant and
s costly impacts to our island communities as well as to the larger world.
9 The legislature finds that the installation of solar water heaters on new
10 single-family and duplex homes is one of the most cost-effective and efficient ways
11 of moving Hawaii's families off of fossil fuels. A conventional electric water tank
12 accounts for thirty to thirty-five percent of a household's electric bill. It is estimated
13 that by relying on the sun for ninety percent of its hot water demand, a family could
14 save enough money to pay for the solar system in three to five years. After the
15 system is paid off, the heating of water is essentially free. In addition to federal tax
EXHIBIT A
Page 2
M B M No ,.
1 credits, when the cost of a solar water heater is included in the cost of a mortgage
2 there could also be the added value of tax deductions.
3 For the reasons above, the legislature in 2008 passed Act 204 requiring solar
4 water heaters on new single-family homes. However the legislature finds that
5 Act 204 allows variances from this requirement under vague and unjustified
6 circumstances such that the purpose of Act 204 is being thwarted in many instances
7 by the variance that allows tankless gas. Therefore, the legislature finds it is
8 necessary to modify the wording of the law and clarify that the variance allowing
9 tankless gas shall require application by an ultimate occupant of the dwelling unit
10 and only such occupant. If the occupant is not available, then the variance
11 application shall not be accepted for processing and said variance shall not be
12 available.
13 SECTION 2. Section 196-6.5, Hawaii Revised Statutes, is amended to read
14 as follows:
15 1196-6.5 Solar water heater system required for new single-family
16 residential construction.
17 (a) On or after January 1, 2010, no building permit shall be issued for a
18 new single-family or duplex dwelling that does not include a solar water heater
19 system that meets the standards established pursuant to section 269-44, unless the
20 coordinator approves a variance.
EXHIBIT A
Page 3
• B . NON
1 (b) [A variance application] Applications for the following variances shall
2 only be accepted if submitted by an architect or mechanical engineer licensed under
3 chapter 464, who attests that:
4 (1) Installation is impracticable due to poor solar resource;
5 (2) Installation is cost-prohibitive based upon a life cycle cost-
6 benefit analysis that incorporates the average residential utility
bill and the cost of the new solar water heater system with a life
8 cycle that does not exceed fifteen years; or
9 (3) A renewable energy technology system, as defined in section
10 235-12.5, is substituted for use as the primary energy source for
11 heating water; [sr]
12 (c) Applications for the following gas variance shall be accepted on the
13 following basis only if the variance applicant is the party who will ultimately control
14 the energy consumption cost, and as part of the application, the applicant signs an
15 affidavit that the applicant will be the buyer-owner of the new house and that the
16 applicant has read a flyer issued by the State of Hawaii Department of Business,
17 Economic Development and Tourism (DBEDT) showing the life cycle cost
18 comparisons of a solar water heater and tankless gas water heater of equivalent
19 capacities.
20 [(4)] (11 A demand water heater device approved by Underwriters
21 Laboratories, Inc., is installed; provided that at least one other
EXHIBIT A
Page 4
w r ric .
1 gas appliance is installed in the dwelling. For the purposes of
2 this paragraph, `demand water heater' means a gas-tankless
3 instantaneous water heater that provides hot water only as it is
4 needed.
5 [b)] (d) A request for a variance shall be submitted to the coordinator on an
6 application prescribed by the coordinator and shall include a description of the
7 location of the property and justification for the approval of a variance using the
8 criteria established in subsection (a). A variance shall be deemed approved if not
9 denied within thirty working days after receipt of the variance application. The
10 coordinator shall publicize:
11 (1) All applications for a variance within seven days after receipt of
12 the variance application; and
13 (2) The disposition of all applications for a variance within seven
14 days of the determination of the variance application.
15 [(c)] (, The director of business, economic development, and tourism may
16 adopt rules pursuant to chapter 91 to impose and collect fees to cover the costs of
17 administering variances under this section. The fees, if any, shall be deposited into
18 the energy security special fund established under section 20142.8.
19 [(4)] .ff Nothing in this section shall preclude any county from establishing
20 procedures and standards required to implement this section.
EXHIBIT A
Page 5 s r\ic .
• 1 KO] ( ) Nothing in this section shall preclude participation in any utility
2 demand-side management program or public benefits fee program under part VII of
3 chapter 269."
4 SECTION 3. Statutory material to be repealed is bracketed and stricken.
5 New statutory material is underscored.
6 SECTION 4. This Act shall take effect upon its approval.
7
8 INTRODUCED BY:
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO AFFORDABLE HOUSING CREDITS
PURPOSE: This proposed Bill for an Act maintains the intent of Act 98 (12),
Session Laws of Hawaii 2012, by providing affordable housing
credits to the department of Hawaiian home lands, while
maintaining the integrity of county housing programs
throughout the state and preserve the principle of "home rule,"
allowing the county to serve its residents as it should.
MEANS: Amend Section 46-15.1 (b), Hawaii Revised Statutes
JUSTIFICATION: Under Act 98 (12), it requires each county to issue affordable
housing credits to the Department of Hawaiian Home Lands
(DHHL) for each home or lot developed by DHHL. Furthermore,
this Act allows DHHL to sell credits to developers to satisfy the
developer's affordable housing zoning obligations without
income or location restrictions. It will also be more difficult to
achieve smart growth land use patterns, where housing is
located close to jobs and employment centers. Amendments to
Section 46-15.1 (b), Hawaii Revised Statutes, are necessary to
protect each county's ability to provide affordable housing for
those who most need such housing, and to enable the county to
do its job in a fair and equitable manner.
EXHIBIT A
II NO .
A BILL FOR AN ACT
RELATING TO AFFORDABLE HOUSING CREDITS .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1 . The purpose of Act 141, Session Laws of Hawaii
2 2009, was to require counties to issue affordable housing
3 credits to the Department of Hawaiian Home Lands for all
4 existing and future Hawaiian home lands projects upon request.
5 Act 141 (09) was then amended to Act 098, Session Laws of
6 Hawai 'i 2012, which further defines what the credits shall be
7 issued for, and explicitly releases the Department of Hawaiian
8 Home Lands from any income or other requirements attached to a
9 respective county' s affordable housing credits . The legislature
10 finds that the relationship between the Department of Hawaiian
11 Home Lands and the respective counties established by Act 098
12 (12) violates the principles of homerule and does not encourage
13 the kind of working relationship between the counties and the
14 Department of Hawaiian Home Lands necessary to effectively
15 address the affordable housing problem in each county. The
16 legislature also finds that Act 098 (12) could create a racially
17 discriminatory effect by disproportionately allocating more
18 affordable housing resources to one racial group over another.
19 In order to address each county' s affordable housing needs based
EXHIBIT A
Page 2
SI el el
1 on fairness and equality, this bill allows each county to
2 address its affordable housing needs, allows the Department of
3 Hawaiian Home Lands to receive county affordable housing credits
4 for mutually beneficial projects on Department of Hawaiian Home
5 Lands, and also supports a good working relationship between the
6 Department of Hawaiian Home Lands and the respective counties .
7 SECTION 2. Section 46-15 . 1, Hawaii Revised Statutes, is
8 amended by amending subsection (b) to read as follows :
9 " (b) z. - .11 issue] fly mutual consent, each
10 respective county and the Department of Hawaiian Home Lands
11 shall agree to the issuance of affordable housing credits to the
12 Department of Hawaiian Home Lands with respect to [cxiGting and]
13 future Hawaiian home lands projects upon a request for such
14 credits by the Department of Hawaiian Home Lands. The credits
15 shall be transferable and shall be issued on a one-unit for one-
16 unit basis . Credits shall be issued for each single-family
17 residence, multi-family unit, or other residential unit [, or if
18 - -
• - 0 - -0 . . -0 acrim , vacant
19 lot, ] developed by the Department of Hawaiian Home Lands .
20 The credits may be applied county-wide within the same
21 county in which the credits were earned to satisfy affordable
22 housing obligations imposed by the county on market priced
EXHIBIT A
Page3
_ B . NO
• 1 residential and non-residential developments . [County wide or
2 project spccit-i for the location of affordable
3 ' -- ; 100 , or type; construction time;
4 or other county requirements fer affordable housing units shall
5 net impair, , _ -4 -4 ' ' _ - -- -; . ' _ . . ' -
6 apply the credits in full sati.�faction of all coin
7 requirement--s - -
8 conditions of a project . ]
9 For purposes of this section, "affordable housing
10 obligation" means the requirement imposed by a county to develop
11 [ . . 4- , ] single-family residences, multi-family
12 residences, or any other type of residence for sale or rent to
13 individuals within a specified income range . "
14 SECTION 3. Statutory material to be deleted is bracketed
15 and in strikethrough. New statutory material is underscored.
16 SECTION 4 . This Act shall take effect upon its approval,
17 and shall be repealed on June 30, 2015; provided that section
18 46-15. 1 (b) , Hawaii Revised Statutes, shall be reenacted pursuant
19 to section 3 of Act 141, Session Laws of Hawaii 2009.
20
21 INTRODUCED BY:
EXHIBIT A
JUSTIFICATION SHEET
PROPOSER: Hawai`i State Association of Counties
TITLE: RELATING TO THE PUBLIC LAND DEVELOPMENT
CORPORATION
PURPOSE: This proposed Bill for an Act repeals Chapter 171C of the
Hawai`i Revised Statutes relating to the establishment of the
Public Land Development Corporation (PLDC).
MEANS: Repeals Chapter 171C, Hawai`i Revised Statutes
JUSTIFICATION: On May 20, 2011, Governor Neil Abercrombie signed into law
Act 55, Session Laws of Hawaii 2011, which established the
Public Land Development Corporation (PLDC). It is evident that
the Hawai`i State Legislature reviews numerous bills at one
time through a process that is rigorous and fast paced.
Therefore, majority of the public at that time was unaware of
this issue. Recently, it has been strongly expressed by
community members across the State of Hawaii that Chapter
171C has many flaws which includes exempting PLDC from
complying with all provisions set forth by any government
agency relating to special improvement district assessments or
requirements; land use, zoning, and construction standards for
subdivisions, development, and improvement of land; and the
construction, improvement, and sale of homes thereon. The
PLDC is then able to create and move forward projects without
going through the standard process, bypassing necessary public
hearings. It is also apparent that the PLDC was created to seek
additional revenue, which may result in uncontrollable
development and may cost the taxpayers a great expense in the
future to rectify the intensified problems.
EXHIBIT A
. B . NO .
A BILL FOR AN ACT
RELATING TO THE PUBLIC LAND DEVELOPMENT CORPORATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
I SECTION 1 . Chapter 171C, Hawaii Revised Statutes, is
2 repealed.
3 SECTION 2 . This Act shall take effect upon its approval .
4
5 INTRODUCED BY:
EXHIBIT A