HomeMy WebLinkAboutRES 181 Draft 01 2012-2014 .J�SY Os N %,.
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 181 13
A RESOLUTION TO APPROVE LEGISLATIVE PROPOSALS FOR INCLUSION IN
THE 2014 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE
PACKAGE.
WHEREAS, proposals have been submitted by member counties of the Hawai`i State
Association of Counties (HSAC) for consideration by the Hawai`i County Council for inclusion
in the 2014 HSAC Legislative Package; and
WHEREAS, at its meeting of September 13, 2013, the HSAC Executive Committee
approved for inclusion in the 2014 HSAC Legislative Package four proposals submitted by the
County of Hawai`i, three proposals submitted by the County of Maui, six proposals submitted by
the City and County of Honolulu, and one proposal submitted by the County of Kaua`i; and
WHEREAS, each proposal must be approved by all four councils to be included in the
2014 HSAC Legislative Package, which will be presented to the State Legislature when it
convenes in session on January 15, 2014; and
WHEREAS, timely action is necessary as the HSAC Executive Committee has set a
deadline of November 8, 2013, for all counties to approve proposals to be included in the final
package; and
WHEREAS, proposals submitted by the counties are listed below and copies of the
Justification Sheet and the proposed bills are attached hereto as Exhibit A:
1. A Bill for an Act Relating to Public Agency Meetings and Records (County of
Maui)
2. A Bill for an Act Relating to Intoxicating Liquor—H.B. 230 (County of Maui)
3. A Bill for an Act Relating to Transportation (County of Maui)
4. A Bill for an Act Relating to Liability (County of Kaua`i)
5. A Bill for an Act Relating to Transient Accommodations Tax (County of Hawai`i)
6. A Bill for an Act Relating to Education (County of Hawai`i)
7. A Bill for an Act Relating to Health (County of Hawai`i)
8. A Bill for an Act Relating to Videoconferencing— H.B. 358, H.D. 1, S.D. 1 (County
of Hawai`i)
9. A Bill for an Act Relating to Helmets (City and County of Honolulu)
10. A Bill for an Act Relating to Mopeds (City and County of Honolulu)
11. A Resolution/Concurrent Resolution Urging the U.S. 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)
12. A Bill for an Act Relating to Hawai`i 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 County Surcharge on State Tax (City and County of
Honolulu); now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
legislative proposals as presented in Exhibit A are hereby approved for inclusion in the 2014
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 President and Secretary of the Hawai`i State Association of Counties.
Dated at , Hawai`i, this day of , 2013.
INTRODUCED BY:
1
kA4 fi r
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii EOFF
FORD
I hereby certify that the foregoing RESOLUTION was by ILAGAN
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawai`i on
KERN
ONISHI
ATTEST: POINDEXTER
WILLE
YOSHIMOTO
Reference: C-448/GREDC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. IS I 13
2
EXHIBIT A
Hawai`i State Association of Counties (HSAC)
Counties of Kauai, Maui, Hawaii & City & County of Honolulu
September 17, 2013
The Honorable J Yoshimoto, Council Chair
And Members of the Hawai`i County Council
25 Aupuni Street, Suite 1402
Hilo, HI 96720
Dear Council Chair Yoshimoto and Members of the Hawai`i County Council:
Attached for your consideration are proposals to be included in the
2014 Hawai`.ir...'State Association of Counties (HSAC) Legislative Package, which
were approved Eby the HSAC Executive Committee on September 13, 2013. Please
note that';a`:the` deadline for Counties to approve the proposed package is
November 8, 2013. Proposals to be included in the final package must be approved
by all four (4) Counties, and will then be reviewed._by the HSAC Executive
Committee on November 22, 2013.
1. A Bill for an Act Relating to Public Agency Meetings and Records
(County of Maui)
2. A Bill for an Act Relating to Intoxicating Liquor—H.B. 230
(County of Maui) Lj.ysr ""�
v
3. A-Bill foran4Act Relating to Transportation
(CountToffMaui)
A Bill for an Act Relating to Liability
(County of Kaua`i)f3
5. A Bill for an Act Relating to Transient Accommodations Tax
(County of Hawaii) fit .
6. A Bill for an Act Relating to Education
(County of Hawai`i)
7:� A'Bill for a : �ct Relating to Health
(Countylof�Hawai`i)
8. A Bill for an Act Relating to Videoconferencing—H.B. 358, H.D. 1, S.D. 1
(County of Hawai`i)
9. A Bill for an Act Relating to Helmets
(City & County of Honolulu)
10. A Bill for an Act Relating to Mopeds
(City & County of Honolulu)
4396 Rice Street,Suite 209,Lihu`e,Kauai,Hawaii 96766, (808) 241-4188
2014 HSAC Legislative Package
September 17, 2013
Page 2
11. A Resolution/Concurrent Resolution Urging the U.S. 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 & County of Honolulu)
12. A Bill for an Act Relating to Hawai`i Employer-Union Health Benefits
Trust Fund Board of Trustees
(City & County of Honolulu)
13. A Bill for an Act Relating to the Employees' Retirement System
(City & County of Honolulu)
14. A Bill for an Act Relating to County Surcharge on State Tax
(City & County of Honolulu)
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 Kauai, at
(808) 241-4188.
Sincerely,
MEL RAPOZO
HSAC President
AB:mn
Attachment
cc: Dennis "Fresh" Onishi, HSAC Vice President
JUSTIFICATION SIEC ET
PROPOSER: Hawaii State Association of Counties
TITLE: A Bill For An Act Relating to Public Agency Meetings and
Records
PURPOSE: The purpose of the proposed bill is to permit members of a county
council to jointly attend and speak at a community, educational,or
informational meeting or presentation,provided the meeting or
presentation is open to the public.
MEANS: Amends Section 92-2.5, Hawaii Revised Statutes.
JUSTIFICATION: Council members are impeded from attending community and
educational meetings when it is possible that such attendance will
result in alleged Sunshine Law violations or create other burdens.
Community and educational meetings provide critically important
information on matters that may be addressed by policy makers. If
enacted,this bill will permit council members to better serve their
constituents in a well-informed, transparent, and responsive
manner without fear of violating the Sunshine Law.
. B • NO.
_ _
A BILL FOR AN ACT
RELATING TO PUBLIC AGENCY MEETINGS AND RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Section 92-2.5, Hawaii Revised Statutes, is
2 amended to read as follows:
3 1'892-2.5 Permitted interactions of members. (a) Two
4 members of a board may discuss between themselves matters
5 relating to official board business to enable them to perform
6 their duties faithfully, as long as no commitment to vote is
7 made or sought and the two members do not constitute a quorum of
8 their board.
9 (b) Two or more members of a board, but less than the
10 number of members which would constitute a quorum for the board,
11 may be assigned to:
12 (1) Investigate a matter relating to the official business
13 of their board; provided that:
14 (A) The scope of the investigation and the scope of
15 each member's authority are defined at a meeting of the board;
16 (B) All resulting findings and recommendations are
17 presented to the board at a meeting of the board; and
18 (C) Deliberation and decisionmaking on the matter
19 investigated, if any, occurs only at a duly noticed meeting of
20 the board held subsequent to the meeting at which the findings
21 and recommendations of the investigation were presented to the
22 board; or
23 (2) Present, discuss, or negotiate any position which the
24 board has adopted at a meeting of the board; provided that the
25 assignment is made and the scope of each member' s authority is
26 defined at a meeting of the board prior to the presentation,
27 discussion, or negotiation.
EXHIBIT 4A "
13-220Ldoc
Paget B • NCB.
1 (c) Discussions between two or more members of a board,
2 but less than the number of members which would constitute a
3 quorum for the board, concerning the selection of the board's
4 officers may be conducted in private without limitation or
5 subsequent reporting.
6 (d) Board members present at a meeting that must be
7 canceled for lack of quorum or terminated pursuant to section
8 92-3 .5 (c) may nonetheless receive testimony and presentations on
9 items on the agenda and question the testifiers or presenters; •
10 provided that:
11 (1) Deliberation or decisionmaking on any item, for which
12 testimony or presentations are received, occurs only at a duly
13 noticed meeting of the board held subsequent to the meeting at
14 which the testimony and presentations were received;
15 (2) The members present shall create a record of the oral
16 testimony or presentations in the same manner as would be
17 required by section 92-9 for testimony or presentations heard
18 during a meeting of the board; and
19 (3) Before its deliberation or decisionmaking at a
20 subsequent meeting, the board shall:
21 (A) Provide copies of the testimony and presentations
22 received at the canceled meeting to all members of the board;
23 and
24 (B) Receive a report by the members who were present
25 at the canceled or terminated meeting about the testimony and
26 presentations received.
27 (e) Two or more members of a board, but less than the
28 number of members which would constitute a quorum for the board,
29 may attend an informational meeting or presentation on matters
30 relating to official board business, including a meeting of
31 another entity, legislative hearing, convention, seminar, or
32 community meeting; provided that the meeting or presentation is
33 not specifically and exclusively organized for or directed
34 toward members of the board. The board members in attendance
35 may participate in discussions, including discussions among
36 themselves; provided that the discussions occur during and as
37 part of the informational meeting or presentation; and provided
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Page 3 . B. tIED.
1 further that no commitment relating to a vote on the matter is
2 made or sought.
3 At the next duly noticed meeting of the board, the board
4 members shall report their attendance and the matters presented
5 and discussed that related to official board business at the
6 informational meeting or presentation.
7 (f) Discussions between the governor and one or more
8 members of a board may be conducted in private without
9 limitation or subsequent reporting; provided that the discussion
10 does not relate to a matter over which a board is exercising its
11 adjudicatory function.
12 (g) Discussions between two or more members of a board and
13 the head of a department to which the board is administratively
14 assigned may be conducted in private without limitation;
15 provided that the discussion is limited to matters specified in
16 section 26-35.
17 (h) Communications, interactions, discussions,
18 investigations, and presentations described in this section are
19 not meetings for purposes of this part.
20 (i) Notwithstanding the foregoing, members of a county
21 council may jointly attend and speak at a community,
22 educational, or informational meeting or presentation, including
23 a meeting of another entity, legislative hearing, convention,
24 seminar, conference, or community meeting, without limitation;
25 provided that the meeting or presentation is open to the public.
26 SECTION 2 . Statutory material to be deleted is bracketed
27 and in strikethrough. New statutory material is underscored.
28 SECTION 3 . This Act shall take effect upon its approval.
29
30 INTRODUCED BY:
31 paf:kmh:13-220i
13-220idoc
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: H.B. 230,A Bill For An Act Relating to Intoxicating Liquor
PURPOSE: The purpose of the proposed bill is to authorize the county liquor
commissions to provide funding for alcohol abuse treatment and
prevention with revenues collected through fines against licensees
and license fees,without the current 10 per cent limitation.
MEANS: Amends Section 281-17,Hawaii Revised Statutes.
JUSTIFICATION: If enacted,H.B. 230 would provide the counties with a resource to
address alcohol abuse through revenues generated by the very
industry from which the problem stems.
Page 1 of 7
HOUSE OF REPRESENTATIVES H . B . �O 230
TWENTY-SEVENTH LEGISLATURE, 2013.
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO INTOXICATING LIQUOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 281-17, Hawaii Revised Statutes, is amended
to read as follows:
"§281-17 Jurisdiction and powers. (a) The liquor commission,
within its own county, shall have the sole jurisdiction, power,
authority, and discretion, subject only to this chapter:
(1) To grant, refuse, suspend, and revoke any licenses for the
manufacture, importation, and sale of liquors;
(2) To take appropriate action against a person who, directly or
indirectly, manufactures, sells, or purchases any liquor
without being authorized pursuant to this chapter; provided
that in counties which have established by charter a liquor
control adjudication board, the board shall have the
jurisdiction, .power, authority, and discretion to hear and
determine administrative complaints of the director
regarding violations of the liquor laws of the State or of
the rules of the liquor commission, and impose penalties for
violations thereof as may be provided by law;
(3) To control, supervise, and regulate the manufacture,
importation, and sale of liquors by investigation,
enforcement, alcohol abuse. treatment, prevention, and
EXHIBIT A
http://www.capitol.ha.waii.gov/session2013/bills/1-1B230_.htm 07/31/13
n13Pc.Mv.tJUL, Page 2 of 7
education; provided that any alcohol abuse treatment, prevention, or
educational program shall be [1i*trued to ± e ce::mis
u1V11
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financed through the money collected from the assessment of
fines against licensees and license fees; [
-- - - , 3
(4) From time to time to make, amend, and repeal such rules, not
inconsistent with this chapter, as in the judgment of the
commission seem appropriate for carrying out this chapter
and for the efficient administration thereof, and the proper
conduct of the business of all licensees, including every
matter or thing required to be done or which may be done
with the approval or consent or by order or under the
direction or supervision of or as prescribed by the
commission; which rules, when adopted as provided in chapter
91 shall have the force and effect of law;
(5) Subject to chapter 76, to appoint and remove an
administrator, who may also be appointed an investigator and
who shall be responsible for the operations and activities
of the staff. The administrator may hire and remove hearing
officers, investigators, and clerical or other assistants as
its business may from time to time require, to prescribe
their duties, and fix their compensation; to engage the
services of experts and persons engaged in the practice of a
profession, if deemed expedient. Every investigator, within
http://www.capitol.hawaii.gov/session2013/bills/HB230 .htm 07/31/13
v.Lut t., Page 3 of 7
the scope of the investigator's duties, shall have the powers of a
police officer;
(6) To limit the number of licenses of any class or kind within
the county, or the number of licenses of any class or kind
to do business in any given locality, when in the judgment
of the commission such limitations are in the public
interest;
(7) To prescribe the nature of the proof to be furnished, the
notices to be given, and the conditions to be met or
observed in case of the issuance of a duplicate license in
place of one alleged to have been lost or destroyed,
including a requirement of any indemnity deemed appropriate
to the case;
(8) To fix the hours between which licensed premises of any
class or classes may regularly be open for the transaction
of business, which shall be uniform throughout the county as
to each class respectively;
(9) To prescribe all forms to be used for the purposes of this
chapter not otherwise provided for in this chapter, and the
character and manner of keeping of books, records, and
accounts to be kept by licensees in any matter pertaining to
their business;
(10) To investigate violations of this chapter, chapter 244D and,
notwithstanding any law to the contrary, violations of the
applicable department of health's allowable noise levels,
through its investigators or otherwise, to include covert
operations, and to report violations to the prosecuting
officer for prosecution and, where appropriate, the director
http://www.capitollawaii.gov/session2013/bills/HB230_.htm 07/31/13
1-102.1U.liuIL; Page 4 of 7
of taxation to hear and determine complaints against any licensee;
provided that a liquor commission in a county with a
population of seven hundred thousand or greater may
establish a pilot program that employs' both a dBA. and a dBC
sound level measurement system for the purpose of community
noise control; provided further that the dBC sound level
measurements shall be in accordance with the following
maximum permissible sound levels in dBC:
(A) Zoning districts that include all areas equivalent to
lands zoned residential, conservation, preservation,
public space, open space, or similar type shall have a
maximum dBC sound level of fifty-five from 7: 00 a.m. to
10: 00 p.m. and a maximum dBC level of forty-five from
10: 00 p.m. to 7 : 00 a.m. ;
(B) Zoning districts that include all areas equivalent to
lands zoned for multi-family dwellings, apartment,
business, commercial, hotel, resort, or similar type
shall have a maximum dBC sound level of sixty from 7:00
a.m. to 10: 00 p.m. and a maximum dBC level of fifty
from 10 : 00 p.m. to 7: 00 a.m. ; and
(C) Zoning districts that include all areas equivalent to
lands zoned in agriculture, country, industrial, or
similar type shall have a maximum dBC sound level of
seventy from 7: 00 a.m. to 10: 00 p.m. and a maximum dBC
level of seventy from 10: 00 p.m. to 7: 00 a.m. ;
(11) To prescribe, by rule, the terms, conditions, and
circumstances under which persons or any class of persons
may be employed by holders of licenses;
http://www.capitol.hawaii.govisession2013/bills/HE3230_.htm 07/31/13
• 1.1..1.21...J Val rage p or /
(12) To prescribe, by rule, the term of any license or
solicitor's and representative's permit authorized by this
chapter, the annual or prorated amount, the manner of
payment of fees for the licenses and permits, and the amount
of filing fees; and
(13) To prescribe, by rule, the circumstances and penalty for the
unauthorized manufacturing or selling of any liquor.
(b) Subject only to this chapter, the commission or board and
each member thereof shall have the same powers respecting the
administering of oaths, compelling the attendance of witnesses and the
production of documentary evidence, and examining the witnesses as are
possessed by a circuit court, except that the commission or board and
each member thereof shall not be bound by the strict legal rules of
evidence. In addition, the commission or board shall have the power
to require the production of, and to examine any books, papers, and
records of any licensee which may pertain to the licensee' s business
under the license or which may pertain to a matter at a hearing before
the commission or board or to an investigation by the commission or
board.
(c) The commission shall also have the power to provide funding
to the county for public and private programs that are intended to
prevent and treat alcohol abuse within that county.
(d) The exercise by the commission or board of the power,
authority, and discretion vested in it pursuant to this chapter shall
be final and shall not be reviewable by or appealable to any court or
tribunal, except as otherwise provided in this chapter or chapter 91. "
SECTION 2. Section 281-17 .5, Hawaii Revised Statutes, is amended
by amending subsection (b) to read as follows:
http://www.capitol.hawaii.gov/session2013/bills/HB230_.htm 07/31/13
• 11.1.1a.31J.1wV Yage 6 of 7
" (b) Any [stteh] liquor license fees or any moneys collected or
received by any liquor commission under this chapter may only be used
for alcohol abuse education, prevention, and treatment programs and
costs and expenses directly relating to operational and administrative
costs actually incurred by the liquor commission collecting or
receiving [stueh] the liquor license fees or moneys. [Such] The fees
or moneys shall not be used for any costs or expenses other than those
directly relating to its operation and administration, except as
otherwise provided by law. "
SECTION 3 . Statutory material to be repealed is bracketed and
stricken. New statutory material is underscored.
SECTION 4 . This Act shall take effect upon its approval.
INTRODUCED BY:
http://vvww.capitol.hawaii.gov/session2013/bills/HB230_.htrn 07/31/13
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Report Title:
Maui County Package; Intoxicating Liquors; Alcohol Abuse Treatment and
Prevention
Description:
Authorizes the liquor commission to conduct and fund state and county
alcohol abuse treatment and prevention activities. Allows liquor
license fees to be used for those activities.
The summary description of legislation appearing on this page is for informational purposes only and is not
legislation or evidence of legislative intent.
http://www.capitol.hawaii.govisession2013/bills/HB230_.htm 07/31/13
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: A Bill For An Act Relating to Transportation
PURPOSE: The purpose of the proposed bill is to enable governmental
agencies to maintain roads in limbo.
MEANS: Amends Chapter 662 and Section 46-15.9,Hawaii Revised
Statutes.
JUSTIFICATION: Government agencies have been reluctant to assume maintenance
of roads whose ownership and jurisdiction are in dispute between
the State and the counties. Government agencies are afraid that
maintenance work on a road in limbo could result in the
assumption of ownership and liability. The reluctance to assume
maintenance has resulted in deterioration of roads in limbo,
jeopardizing public safety. If enacted,the bill will provide an
interim period in which a government agency can perform
maintenance and improvement activities without the fear of
liability.
. B . NO.,
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The legislature finds that the safety of
2 residents traveling over roads whose ownership and jurisdiction
3 are in dispute between the State and the counties, commonly
4 known as "roads in limbo", is affected by the lack of any
5 maintenance to such roads. The legislature also finds that
6 government agencies are unwilling to maintain these roads
7 because the maintenance activities may be construed as assuming
8 ownership and jurisdiction over the disputed roads, and the
9 government agency may be subject to liability due to the
10 maintenance activities. The purpose of this Act is to enable
11 government agencies to maintain roads whose ownership and
12 jurisdiction are in dispute between the State and the counties
13 without incurring liability or assuming ownership or
14 jurisdiction over those roads.
15 SECTION 2 . Chapter 662, Hawaii Revised Statutes, is
16 amended by adding a new section to be appropriately designated
17 and to read as follows:
18
EXHIBIT paf kmh:13-220c
• Page 2
B . NO.
1 "5662- No liability for maintenance or repair of
2 disputed roads. A state agency maintaining or repairing a road
3 whose ownership is in dispute between the State and a county
4 shall not be liable to any person for injury or damage sustained
5 when using that road and shall not be deemed to have assumed
6 ownership or jurisdiction over the disputed road. "
7 SECTION 3 . Section 46-15 . 9, Hawaii Revised Statutes, is
8 amended to read as follows:
9 "546-15.9 Traffic regulation; repair and maintenance;
10 public right to use public streets, roads, or highways whose
11 ownership is in dispute[:] ; county liability. (a) Any
12 provision of law to the contrary notwithstanding, any county and
13 its authorized personnel may impose and enforce traffic laws and
14 shall enforce chapters 249; 286; 287; 291; 291C; 291E; 431,
15 articles 10C and 10G; and 486, part III on public streets,
16 roads, or highways whose ownership is in dispute between the
17 State and the county.
18 (b) [ _ _ -
19 _ _. _ _ - _ _ - - - . --
20
22 the county.] A county agency maintaining or repairing a road
patkmh:13-220c
• Page 3 . B . NO.
1 whose ownership is in dispute between the State and the county
2 shall not be liable to any person for injury or damage sustained
3 when using that road.
4 (c) No presumption that a county owns a particular street,
5 road, or highway shall arise as a result of the county's
6 performance of the activities allowed by subsection (a) or (b) .
7 (d) If a county requests or requires title to a disputed
8 road, the State may quitclaim whatever interest it has in the
9 road to the county.
10 (e) If a county accepts by resolution the dedication of a
11 road whose ownership is in dispute between the county and the
12 State, the county shall not be liable to any person for injury
13 or damage sustained while that person is using that road for a
14 period of ten years following the acceptance of that road by
15 resolution.
16 [ (d) ] (f) The general public shall have the unrestricted
17 right to use public streets, roads, or highways whose ownership
18 is in dispute between the State and the county to access the
19 shoreline and other public recreational areas; provided that
20 this subsection shall not apply to any private street, road, or
21 highway whose ownership is in dispute.
22 [{e-)-] (g) As used in this section[--
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Page 4 . B . iic .
1 "Public rccrcational arcs") , "public recreational area" means
2 coastal and inland recreational areas, including beaches,
3 shores, public parks, public lands, public trails, and bodies of
4 water opened to the public for recreational use. "
5 SECTION 4 . Statutory material to be deleted is bracketed
6 and in strikethrough. New statutory material is underscored.
7 SECTION 5. This Act shall take effect upon its approval.
8
9 INTRODUCED BY:
10
paficmh:l3-220c
JUSTIFICATION SHEET
PROPOSER: Hawai`i State Association of Counties
TITLE: RELATING TO LIABILITY.
PURPOSE: This proposed Bill amends certain acts to provide continuous
liability protection for the State and County Governments
regarding the duty to warn the public of dangers on improved
public lands and the actions of County Lifeguards.
MEANS: Repeals the sunset dates for Act 82, Session Laws of Hawai`i
(SLH) 2003, as amended by Act 152, SLH 2007, Section 5, as
amended by Act 144, SLH 2008, Section 1, as amended by
Act 81, SLH 2009, Section 3; and Act 170, SLH 2002, as
amended by Act 152, SLH 2007, Section 4, as amended by
Act 81, SLH 2009, Section 2.
JUSTIFICATION: Allows the State and Counties to continue posting warning signs
at beach parks, and allows the Counties to provide lifeguards at
State and County beach parks without the threat of costly
litigation for conditions or events that are outside the State's
and County's control.
.B. NO.
A BILL FOR AN ACT
RELATING TO LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: •
1 SECTION 1. Act 82, Session Laws of Hawaii 2003, as amended
2 by Act 152, Session Laws of Hawaii 2007, section 5, as amended
3 by Act 144, Session Laws of Hawaii 2008, section 1, as amended
4 by Act 81, Session Laws of Hawaii 2009, section 3, is amended by
5 amending section 8 to read as follows:
6 "SECTION 8 . This Act shall take effect on July 1, 2003 [-
7 ond' 3ha1l be repealed on June 30, 2014] . "
8 SECTION 2. Act 170, Session Laws of Hawaii 2002, as amended
9 by Act 152, Session Laws of Hawaii 2007, section 4, as amended
10 by Act 81, Session Laws of Hawaii 2009, section 2, is amended by
11 amending section 5 to read as follows:
12 "SECTION 5. This Act shall take effect upon its approval [1-
13 provided that eectien 1 el this Aet shall be repealed on June
14 30, 2014] . "
15 SECTION 3 . Statutory material to be repealed is bracketed
16 and stricken.
17 SECTION 4 . This Act shall take effect upon its approval.
18 INTRODUCED BY:
Paget ■ B■ N ^ .
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO THE TRANSIENT ACCOMMODATIONS TAX
PURPOSE: This proposed Bill for an Act increases the allocation of funds to
the counties from the transient accommodation tax.
MEANS: Amends Section 237D-6.5, Hawaii Revised Statutes by
increasing the allocation to the counties to $186,000,000.
JUSTIFICATION: The transient accommodations tax is a tax levied by the state on
the proceeds derived from furnishing transient accommodations.
Act 185 (1990) allocated to each County a percentage share of
this tax 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), the TAT accounts for a significant portion of each
County's general fund budgets. Act 103 (2011) capped the
amount of TAT funds transferred to the counties at $93,000,000
on a temporary basis. Act 161 (2013) made the cap permanent.
The amount of revenues to the counties does not offset the
impact of the increase in visitors to Hawaii in recent years.
• Br NO.
A BILL FOR AN ACT
2
3
4 RELATING TO TRANSIENT ACCOMMODATIONS TAX.
5
6
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
8
9 SECTION 1. Section 237D-6.5, Hawaii Revised Statutes, is
10 amended by amending subsection (b) to read as follows:
11 " (b) Revenues collected under this chapter shall be
12 distributed as follows, with the excess revenues to be deposited
13 into the general fund:
14 (1) $33,000,000 shall be allocated to the convention center enterprise special fund established
15 under section 201B-8;
16 (2) $82,000,000 shall be allocated to the tourism special fund established under section
17 201B-11;provided that:
18 (A) Beginning on July 1, 2012, and ending on June 30,
19 2015, $2,000, 000 shall be expended from the
20 tourism special fund for development and
21 implementation of initiatives to take advantage of
22 expanded visa programs and increased travel
23 opportunities for international visitors to
24 Hawaii;
25 (B) Of the $82, 000,000 allocated:
26 (i) $1, 000,000 shall be allocated for the
27 operation of a Hawaiian center and the
Page 4
• B• NO.
1 museum of Hawaiian music and dance at the
2 Hawaii convention center; and
3 (ii) 0.5 per cent of the $82,000, 000 shall be
4 transferred to a sub-account in the tourism
5 special fund to provide funding for a safety
6 and security budget, in accordance with the
7 Hawaii tourism strategic plan 2005-2015; and
8 (8) Of the revenues remaining in the tourism special
8 fund after revenues have been deposited as
10 provided in this paragraph and except for any sum
11 authorized by the legislature for expenditure from
12 revenues subject to this paragraph, beginning July
13 1, 2007, funds shall be deposited into the tourism
14 emergency trust fund, established in section 201B-
15 10, in a manner sufficient to maintain a fund
16 balance of $5,000, 000 in the tourism emergency
17 trust fund;
18
19 (3) [$93;000,000] $186,000,000 shall be allocated as follows:Kauai county shall receive
20 14.5 per cent,Hawaii county shall receive 18.6 per cent,city and county of Honolulu shall
21 receive 44.1 per cent,and Maui county shall receive 22.8 per cent;and
22 (4) Of the excess revenues deposited into the general fund pursuant to this subsection,
23 $3,000,000 shall be allocated subject to the mutual agreement of the board of land and natural
24 resources and the board of directors of the Hawaii tourism authority in accordance with the
25 Hawaii tourism authority strategic plan for:
Page 5 . B. NI .
1 (A) The protection, preservation, and enhancement of
2 natural resources important to the visitor
3 industry;
4 (B) Planning, construction, and repair of facilities;
5 and
6 (C) Operation and maintenance costs of public
7 lands connected with enhancing the visitor
8 experience.
9 All transient accommodations taxes shall be paid into the
10 state treasury each month within ten days after collection and
11 shall be kept by the state director of finance in special
12 accounts for distribution as provided in this subsection.
13 As used in this subsection, "fiscal year" means the twelve-
14 month period beginning on July 1 of a calendar year and ending
15 on June 30 of the following calendar year. "
16 SECTION 2. Statutory material to be repealed is bracketed
17 and stricken. New statutory material is underscored.
18 SECTION 3 . This Act shall take effect on July 1, 2014.
19
20 INTRODUCED BY:
Page 2 . B. NIC).
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO EDUCATION
PURPOSE: This proposed Bill for an Act provides $38,000,000 for
,construction of a permanent facility for the Daniel K. Inouye
College of Pharmacy.
MEANS: Appropriates funds from the general revenues of the State of
Hawai'i.
JUSTIFICATION: The Daniel K. Inouye College of Pharmacy reached full
accreditation in 2011, but in 2013 the Accreditation Council for
Pharmacy Education voted to continue the school's accreditation
on a provisional basis because of the school's inadequate
physical facilities. This college serves students from throughout
the state, and construction funding remains a high priority for
the University of Hawaii.
. B. NO.
A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. There is appropriated out of the general
2 revenues of the state of Hawai'i the sum of $38, 000, 000 or so
3 much thereof as may be necessary for fiscal year 2014-2015 for
4 construction of permanent infrastructure and facilities for the
5 University of Hawai'i at Hilo Daniel K. Inouye College of
6 Pharmacy.
7 The sum appropriated shall be expended by the University of
8 Hawai'i at Hilo for the purposes of this Act .
9 SECTION 2. This Act shall take effect upon its approval.
10
11 INTRODUCED BY:
Page 2 . B• 1\Jc).
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO HEALTH
PURPOSE: This proposed Bill for an Act provides $2,800,000 for Hilo
Medical Center's primary care training program.
MEANS: Appropriates funds from the general revenues of the State of
Hawaii.
JUSTIFICATION: Access to health care is a critical issue in Hawaii, especially on
the Neighbor Islands. A medical residency program based at
Hilo Medical Center will help to ease this shortage by training
physicians and providing access to critical rural underserved
areas of Hawaii.
. B. NO.
A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that the State faces' a
2 severe shortage of healthcare providers . This situation
3 is particularly acute in primary care, where most of the
4 prevention, early intervention, and healthcare cost
5 savings occur .
6 The legislature further finds that the Hawaii health
7 systems corporation primary care training program is an
8 effective way to reduce the impact of the shortage of
9 primary care providers and improve access to healthcare
10 throughout the State . Administered by Hilo medical
11 center in coordination with the Hawaii health systems
12 corporation regions, this interdisciplinary program
13 includes : the Hawaii island family medicine residency
14 program; training for advanced practice nurses from the
15 school of nursing and dental hygiene at the University of
16 Hawaii at Manoa and the school of nursing at the
17 University of Hawaii at Hilo; clinical pharmacists from
18 the University of Hawaii at Hilo' s college of pharmacy;
19 and post-doctoral fellows from I Ola Lahui, an
20 organization that trains psychologists to meet the needs
21 of residents of rural areas .
22 The success of this training model , which will be
23 expanded to other neighbor island health facilities, will
Paget . B. NO.
1 generate interdisciplinary teams capable of caring for
2 four times as many patients as independent practicing
3 physicians. Hawaii will benefit greatly as the Hawaii
4 health systems corporation regions ' program will
5 eliminate the need to train or attract unattainably high
6 numbers of physicians .
7 The purpose of this Act is to address the shortage
8 of primary care providers in the State by appropriating
9 funds for the interdisciplinary Hawaii health systems
10 corporation primary care training program at Hilo medical
11 center.
12 SECTION 2 . There is appropriated out of the general
13 revenues of the State of Hawaii the sum of $2 , 800 , 000 or
14 so much thereof as may be necessary for fiscal year 2014-
15 2015 for the interdisciplinary Hawaii health systems
16 corporation primary care training program at Hilo medical
17 center.
18 The sum appropriated shall be expended by the Hawaii
19 health systems corporation for the purposes of this Act.
20 SECTION 3 . This Act shall take effect on July 1,
21 2014 .
22
23 INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: RELATING TO VIDEOCONFERENCING
PURPOSE: To increase participation by neighbor island residents in the legislative
process by requiring both chambers of the Hawaii State Legislature to
implement rules providing audio or audiovisual technology for live oral
testimony during legislative hearings.
MEANS: Amends Chapter 21 of the Hawaii Revised Statutes by adding a new part,
"Videoconferencing;rules".
JUSTIFICATION: There has been a need to allow neighbor island residents to present•live
oral testimony to participate in the legislative process, and a need to
establish rules to identify sites or facilities with existing capabilities that
can be used for this purpose.
EXHIBIT A
HOUSE OF REPRESENTATIVES 358
TWENTY-SEVENTH LEGISLATURE, 2013 H . B . N O� H.D. 1
STATE OF HAWAII S.D. 1
A BILL FOR AN ACT
RELATING TO VIDEOCONFERENCING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 21, Hawaii Revised Statutes, is amended
by adding a new part to be appropriately designated and to read
as follows:
"PART . COMMITTEE HEARINGS, GENERALLY
§21- Videoconferencing; rules. (a) Each chamber of
the legislature shall establish, by rule, procedures to enable
the legislature to use audio or audiovisual technology at
legislative committee hearings to receive live oral testimony
from residents on the neighbor islands. Each chamber of the
legislature shall identify executive agency sites or facilities
on the neighbor islands that have existing audio and audiovisual
capabilities that could be used to allow neighbor island
residents to present live oral testimony from the neighbor
islands.
(b) In carrying out the duties prescribed under subsection
(a) , each chamber of the legislature shall consult with the
chief information officer, who shall ensure that the audio or
audiovisual technology to implement this section:
(1) Satisfies the technical requirements of the State's
existing network infrastructure;
(2) Adheres to best practices;
(3) Is -compatible with multiple platforms; and
(4) Is provided appropriate resources and support.
(c) Each chamber of the legislature shall consult with the
disability and communication access board to ensure that all
activities conducted pursuant to this section comply with the
requirements of the Americans with Disabilities Act. "
SECTION 2. Chapter 21 is amended by designating sections
21-1 to 21-19 as part I, entitled:
"PART I. INVESTIGATING COMMITTEES, GENERAL POWERS, AND
DUTIES OF SERGEANT-AT ARMS"
SECTION 3 . Section 21-1, Hawaii Revised Statutes, is
•
amended to read as follows:
"521-1 Purpose. The purpose of this [chaptcr] part is to
establish procedures governing legislative investigating
committees to provide for the creation and operation of
legislative investigating committees in a manner [which] that
will enable them to perform properly the powers and duties
vested in them, including the conduct of hearings, in a fair and
impartial manner, consistent with protection of the
2
constitutional rights of persons called to testify at such
hearings and preservation of the public good. "
SECTION 4 . There is appropriated out of the general
revenues of the State of Hawaii the sum of $ or so much
thereof as may be necessary for fiscal year 2013-2014 and the
same sum or so much thereof as may be necessary for fiscal year
2014-2015 for the use of audio or audiovisual technology
throughout the State to enable neighbor island residents to
present live oral testimony at legislative committee hearings.
The sums appropriated shall be expended by the chief
information officer for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed
and stricken. New statutory material is underscored.
SECTION 6 . This Act shall take effect on July 1, 2050.
3
JUSTIFICATION SHEET
TITLE: RELATING TO HELMETS.
PURPOSE: Requires all motorcycle and motor scooter drivers to
wear a helmet.
MEANS: Amends§286-81, Hawaii Revised Statutes.
JUSTIFICATION: According to the National Highway Traffic Safety
Administration(NHTSA),a driver who does not wear
a safety helmet while operating a motorcycle or motor
scooter is 40 percent more likely to suffer a fatal head
injury. The NHTSA conducted the Crash Outcomes
Data Evaluation System Study(commonly known as
CODES)which concluded that motorcycle helmets
are 67 percent effective In preventing brain injuries
and motorcyclists not wearing helmets involved in
crashes were three times more likely to suffer brain
injuries than those wearing helmets. The Hawaii
State Department of Health(DOH)estimates that
hospital charges for head injuries suffered by
motorcycle,motor scooters and moped riders in the
state of Hawaii totals$9.9 million per year. Recently,
DOH issued its"Hawaii Injury Prevention Plan 2012-
201T'which declared that its first traffic safety priority
is to increase helmet use by motorcycle and moped
riders by strengthening Hawaii's existing moped and
motorcycle helmet laws.
•
.B. NO.
A BILL FOR AN ACT
RELATING TO HELMETS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 Section 1. Section 286-81, Hawaii Revised Statutes, is
2 amended to read• as follows:
3 "9286-81 Motorcycle, motor scooter, etc.; protective devices,
4 (a) No person shall:
5 (1) Operate a motorcycle or motor scooter, on any highway .
6 in the State unless the person and any passenger the
T person carries on the motorcycle or motor scooter wears:
8 (A) Safety glasses, goggles, or a face shield, in the
9 case of a motorcycle or motor scooter that is not
10 equipped with windscreens or windshields; and
11 (8) [Ary]A safety helmet securely fastened with a chin
12 strap and. other protective devices[, othcr than a
13 eofc_, h.__wt,] required by rules adopted by the
14 director.
16 For the purpose of meeting the requirements of this
16 paragraph, a required device shall meet the
Pops
.B. NO.
1 specifications and requirements established by rules
2 adopted by the director;
3 (2) Lease or rent a motorcycle or motor scooter to another
4 person unless the person furnishes:
5 (A) Safety glasses, safety helmets, goggles, or a face
8 shield, in the case of a motorcycle or motor scooter
7 that is not equipped with windscreens or windshields;
8 and
9 (B) Any other protective devices required by the rules
10 adopted by the director for the use of the person or
11 persons intending to operate or ride as a passenger on
12 the motorcycle or motor scooter; provided that any
13 person to whom a motorcycle or motor scooter is leased
14 or rented may furnish for the person's own use the
15 protective devices required by this part.
16 For the purposes of meeting the requirements of this
17 paragraph, a required device shall meet the
18 specifications and requirements established by rules
19 adopted by the director; or
20 (3) Sell or offer for sale or furnish any safety helmet,
21 safety glasses, goggles, face shield, windscreen,
22 windshield, or other protective devices represented to
Page3
.B. NO.
1 meet the requirements of this part unless the device
2 meets the specifications and requirements established by
3 rules adopted by the director.
4 (
- - - - -
8 4]2.1 A safety helmet shall not be required for any
9 person who operates, or rides as a passenger on a motorcycle or
10 motor scooter; provided that the motorcycle or motor scooter:
11 (1) Has three wheels;
12 (2) Is powered by an electric motor;
13 (3) Has a full body enclosed cab; and
14 (4) Has a seat belt assembly or a child restraint system
16 for the driver and passenger;
16 and the operator and passenger uses the seat belt or child
17 restraint system pursuant to sections 291-11.5 and 291-11.6."
18 Section 2. This Act does not affect rights and duties that
19 matured, penalties that were incurred, and proceedings that were
20 begun, before its effective date.
21 Section 3. Statutory material to be repealed is bracketed
22 and stricken. New statutory material is underscored.
, i
Pape 4 .B. N O.
9
2 Section 4. This Act shall take effect on July 1, 2014.
3
4 INTRODUCED BY:
JUSTIFICATION SHEET
•
TITLE: RELATING TO MOPEDS.
PURPOSE: Requires all moped riders to wear a helmet.
MEANS: Amends§291C-195, Hawaii Revised Statutes.
JUSTIFICATION: According to the National Highway Traffic Safety
Administration(NHTSA),a driver who does not wear
a safety helmet while operating a motorcycle or motor
scooter is 40 percent more likely to suffer a fatal head
Injury. The NHTSA conducted the Crash Outcomes
Data Evaluation System Study(commonly known as
CODES)which concluded that motorcycle helmets
are 67 percent effective in preventing brain injuries
and motorcyclists not wearing helmets involved in
crashes were three times more likely to suffer brain
injuries than those wearing helmets. The Hawaii
State Department of Health(DOH)estimates that
hospital charges for head injuries suffered by
motorcycle,motor scooters and moped riders in the
state of Hawaii totals$9.9 million per year. According
to the NHTSA data for Hawaii,between 2005 and
2009, more than 96 percent of fatally injured moped
riders were not wearing a helmet at the time of the
crash, and of the remaining moped riders who
suffered crash Injuries:88 percent were not wearing
helmets. Recently, DOH issued its"Hawaii Injury
Prevention Plan 2012-2017"which declared that its
first traffic safety priority is to increase helmet use by
motorcycle and moped riders by strengthening
Hawairs existing moped and motorcycle helmet laws.
.BL NO,
A BILL FOR AN ACT
RELATING TO MOPEDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 291C-1951 Hawaii Revised Statutes, is
2 amended to read as follows:
3 "6291C-195 Driving of mopeds. (a) No.person less than
4 fifteen years of age shall drive a moped on a highway, street,
6 roadway, or any other public property in the State.
8 In No person [ ) shall
7 drive a moped unless the person wears a safety helmet securely
8 fastened with a chin strap. The safety helmet shall meet the
9 specifications and requirements established by rules adopted by
10 the director.
11 [*3-3!a No person shall drive a moped except while
12 sitting astride the seat, facing forward, with one leg on each
13 side of the moped.
14 (4e+)j No person shall drive a moped which is carrying
15 any other person nor shall any person other than the driver ride
16 upon a moped.
Page 2
.B. NO.
1 (-(et-)L!j Subsections (4 -]121 and (411411A1 shall not apply
2 to three-wheeled mopeds designed to carry a driver and passenger
3 seated side by side.
4 (+01.111 Three-wheeled mopeds shall be insured for
8 liability and property damage, excluding personal injury
8 protection.
7 SECTION 2. This Act does not affect rights and duties that
8 matured, penalties that were incurred, and proceedings that were
9 begun, before its effective date.
10 SECTION 3. Statutory material to be repealed is bracketed
11 and stricken. New statutory material is underscored.
12 SECTION 4. This Act shall take effect on July 1, 2014.
13
14 INTRODUCED BY:
•
JUSTIFICATION SHEET
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 PEOPLES REPUBUC OF CHINA.
PURPOSE: Supporting the easing of visa restrictions for the
People's Republic of China.
MEANS: 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
biNion 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 38 countries admitted into
the Visa Waiver Program.
.C.R. NO.
RESOLUTION
URGING THE Q.B. 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
S plantation laborers arrived in the islands in 1852; and
4
5 WHEREAS, the first 175 laborers immigrated from depression-
8 torn Guangdong and Fujian in southern China to work at sugar
7 plantations on Maui; and
8
9 WHEREAS, from 1852 to 1876, nearly 4,000 Chinese laborers
10 migrated to Hawaii; and by 1882, these buagiao or migrants made
11 up almost 49 percent of plantation labor, outnumbering the total
12 Caucasian population residing in the islands; and
13
14 WHEREAS, the progeny of these humble but determined Chinese
15 immigrants rose quickly through the ranks of Hawaii's
18 educational, political and business communities, and would leave
17 lasting impacts on Hawaii and even the world—the most famous of
18 whom is referred to as "The Forerunner of the Revolution, " Dr.
19 Sun Yat-sen; and
20 -
21 WHEREAS, Dr. Sun Yat-sen's education at Iolani School and
22 Oahu College inspired him to develop his vision of an educated,
.C.R. NO.
1 strong and-democratic, modern-day China that he would dedicate
2 the rest of his life bringing to realization, and
3 Dr. Sun Yat-sen would often say that Hawaii was the place where
4 he "came to know what modern, civilized governments are like and
5 what they mean"; and
8
7- WHEREAS, Dr. Sun Yat-sen established the first Chinese
8 revolutionary party, called Xing Thong Hui or "Revive China
9 Society," and returned to Hawaii five more times to receive the
10 many financial contributions given by Hawaii families to his
11 cause; and
12
13 WHEREAS, the Counties of Hawaii Sister-Cities Summit
14 ("Summit") held in Honolulu on September 13-15, 2011,
16 highlighted the inextricable and historic ties between the
18 People's Republic of China (PRC) and Hawaii, with a particular
17 emphasis on strengthening the relationships between Honolulu's
18 sister cities of Zhongshan, Haikou, Qinhuangdao and Chengdu; and
19
20 WHEREAS, the Summit demonstrated that the PRC will continue
21 to embrace Hawaii's open door policy and fortified the
22 understanding of our mutual needs in the areas of cultural
23 exchange, economic development, trade, tourism and education;
24 and
25
28 WHEREAS, recently, members of Hawaii's business and
27 government communities welcomed 271 passengers at Honolulu
28 International Airport from China Eastern Airlines' inaugural
29 direct flight from Shanghai, heralding a new era for Honolulu's
Page 3 .C.R. NO.
1 economic growth and forging closer ties between the United
2 States and the PRCr and
3
4 WHEREAS, the PRC, with its 1.3 billion people, represents a
6 very large and lucrative pool of visitors, as Chinese tourists
6 to Hawaii are expected to spend an average of $368 per day,
7 compared to the $275 daily average for every Japanese tourist
8 and the $178 per day averaged for all other tourists to Hawaii;
9 and
10
11 WHEREAS, tourist dollars have been identified by the U. S.
12 Department of Commerce as an export, and President Barack
13 Obama's National Export Initiative of May 2010 seeks to double
14 all U.S. exports by 2015, and
16
16 WHEREAS, the PRC has transformed itself from an
17 impoverished country to the world's second largest economy and
18 as it grows, continues to have a significant impact upon Hawaii
19 and the global arena; and
20
21 WHEREAS, the PRC is now a major trade partner with the
22 United States, a force for stability and peace throughout Asia,
23 a world leader in the auto market and the worlds largest
24 producer of energy; and
25
26 WHEREAS, in spite of the many reciprocities between the PRC
27 and Hawaii, the visa application and approval process for PRC
28 business and tourist travelers is an arduous and often lengthy
Page .c.R. NO.
1 process which deters many potential PRC visitors to Hawaii and
2 the United States; and
3
4 WHEREAS, at the present time, a PRC citizen who wishes to
6 visit the United States must appear in person before a U.S.
6 consulate official to obtain a visa; however, there are only
7 five U.S. consulates to service the entire PRC; and
8
9 WHEREAS, due to the relative small number of consulate
10 locations and staff to process the in-person interviews required
11 to obtain an entry visa, the average interview wait times in the
12 ' PRC far exceed interview wait times in other countries; and
13
14 WHEREAS, one solution to ease this congestion problem is
16 for the PRC to be admitted into the U.S. State Department's Visa
16 Waiver Program, which allows foreign nationals to enter the
17 United States for tourism- or business-related purposes for a
18 maximum of 9D days without requiring a visa; and
19
20 WHEREAS, both Japan and South Korea currently,qualify for
21 visa waivers; and
22
23 WHEREAS, in November 2008, when South Korea was accepted as
24 one of 36 countries participating in the Visa Waiver Program,
25 Hawaii saw a significant boost in tourist visitors and dollars
28 from that country; and
27
28 WHEREAS, in order for a country to qualify for the Visa
29 Waiver Program, the country must satiety certain conditions,
Pages .0 R. NO.
1 with the United States retaining the final discretion of whether
1 to admit a country into the program; and
3
4 WHEREAS, one condition for entry into the Visa Waiver
5 Program is the rate of refusal of a country's visa applicants
6 which must be three percent or lower; and
7
8 WHEREAS, the refusal rate for PRC visa applicants was 13.3
9 percent as of 20101 and
10
11 WHEREAS, the Travel and Tourism Advisory Board, a newly
12 created industry group appointed by the U.S. Secretary of
13 Commerce, recommended specific measures that could be taken to
14 increase travel to the U.S. from the PRC, which include:
16 (1) Raising the acceptable visa refusal rate from three to 10
16 percent; (2) Establishing a five-day maximum wait time for
17 in-person visa interviews; (3) Adding four to six visa
18 processing locations and several hundred consulate officers to
19 process visas; and (4) Allowing non-immigrant visas to last 10
20 years for PRC visitors, which is currently permitted in other
21 countries; and
22
23 BE IT RESOLVED BY THE House of Representatives/Senate of
24 the Twenty-eighth Legislature of the State of Hawaii, Regular
26 Session of 2014, the Senate/House concurring, that it urges the
26 U.S. Department of State, the Department of Homeland Security
27 and the U.S. Attorney General to include the People's Republic
28 of China in the Visa Waiver Program and support the
29 recommendations made by the U.S. Department of Commerce's Travel
•
Pep 6 .C.1\. NO.
•
1 and Tourism Advisory Board to ease visa restrictions and the
2 visa application and approval process for business and tourist
3 travelers from the People's Republic of China; and
4
5 BE IT FINALLY RESOLVED that a copy of this Resolution be
6 transmitted to the Honorable John Kerry, Secretary of the U.S.
7 Department of State; Secretary Janet Napolitano, Department of
8 Homeland Security; O.S. Attorney General Eric H. Holder, Jr.;
9 Secretary Penny Pritzer, O.S. Department of Commerce; China's
10 Ambassador to the United States, 2201 Wisconsin Avenue,' N.N.,
11 Suite 110, Washington, D.C. 20007; the members of Hawaii's
12 Congressional Delegation; the Hawaii Tourism Authority; the
13 Director of the Hawaii State Department of Business, Economic
14 Development and Tourism; the Asian American Institute, 4753
15 North Broadway, Suite 904, Chicago, Illinois 60640; The
16 Organisation of Chinese Americans, 1322 18th Street, NW,
17 Washington, D.C. 20036-183; the President of the Hawaii State
18 Association of Counties; and the Mayors of the counties of
19 Kauai, Hawaii, Honolulu and Maui.
20
21 INTRODUCED BY:
.R. NO.
RESOLUTION
•
URGING THE U.S. DEPARTMENT OF STATE, THE DEPARTMENT OF"HOMELAND'
SECURITY AND THE UNITED STATES ATTORNEY GENERAL TO EASE
VISA RESTRICTIONS FOR THE PEOPLE'S REPUBLIC OF CHINA.
1 WHEREAS, China and her people have long been a part of the
2 economy and culture of Hawaii since the first Chinese sugar
3 plantation laborers arrived in the islands in 1852; and
4
5 WHEREAS, the first 175 laborers immigrated from depression-
6 torn Guangdong and Fujian in southern China to work at sugar
7 plantations on Maui; and
8
8 WHEREAS, from 1852 to 1876, nearly 4,000 Chinese laborers
10 migrated to' Hawaii; and by 1882, these huagiao or migrants made
11 up almost 49 percent of plantation labor, outnumbering the total
12 Caucasian population residing in the islands; and
13
14 WHEREAS, the progeny of these humble but determined Chinese
15 immigrants rose quickly through the ranks of Hawaii's
16 educational, political and business communities, and would leave
17 lasting impacts on Hawaii and even the world-the most famous of
18 whom is referred to as "The Forerunner of the Revolution," Dr.
19 Sun Yat-sen; and
20
21 WHEREAS, Dr. Sun Yat-sen's education at Iolani School and
22 Oahu College inspired him to develop his vision of an educated,
Page 2 R. No
1 strong and democratic, modern-day China that he would dedicate
2 the rest of his life bringing to realization, and
3 Dr. Sun Yat-sen would often say that Hawaii was the place where
4 he "came to know what modern, civilized governments are like and
6 what they mean"; and
8
7 WHEREAS, Dr. Sun Yat-sen established the first Chinese
8 revolutionary party, called Ring Thong Hui or "Revive China
9 Society," and returned to Hawaii five more times to receive the
10 many financial contributions given by Hawaii families to his
11 cause; and
12
13 WHEREAS, the Counties of Hawaii Sister-Cities Summit
' 14 ("Summit") held in Honolulu on September 13-15, 2011,
16 highlighted the inextricable and historic ties between the
16 People's Republic of China (PRC) and Hawaii, with a particular
17 emphasis on strengthening the relationships between Honolulu's
18 sister cities of Zhongshan, Haikou, Qinhuangdao and Chengdu; and
19
20 WHEREAS, the Summit demonstrated that the PRC will continue
21 to embrace Hawaii's open door policy and fortified the
22 understanding of our mutual needs in the areas of cultural
23 exchange, economic development, trade, tourism and education;
24 and
26
28 WHEREAS, recently, members of Hawaii's business and
27 government communities welcomed 271 passengers at Honolulu
28 International Airport from China Eastern Airlines' -inaugural
29 direct flight from Shanghai, heralding a new era for Honolulu's
•
'tee . R. NO.
1 economic growth and forging closer ties between the ignited
2 States and the PRC; and
3
4 WHEREAS, the PRC, with•its 1.3 billion people, represents a
6 very large and lucrative pool of visitors, as Chinese tourists
6 to Hawaii are expected to spend an average of $368 per day,
7 compared to the $275 daily average for every Japanese tourist
8 and the $178 per day averaged for all other tourists to Hawaii;
9 and
10
11 WHEREAS, tourist dollars have been identified by the U. S.
12 Department of Commerce as an export, and President /Wrack
13 Obama's National Export Initiative of May 2010 seeks to double
14 all U.S. exports by 2015; and
16
16 WHEREAS, the PRC has transformed itself from an
17 impoverished country to the world's second largest economy and
18 as it grows, continues to have a significant impact upon Hawaii
19 and the global arena; and
20
21 WHEREAS, the PRC is now a major trade partner with the
22 United States, a force for stability and peace throughout Asia,
23 a world leader in the auto market and the world's largest
24 producer of energy; and
26
26 WHEREAS, in spite of the many reciprocities between the PRC
27 and Hawaii, the visa application and approval process for PRC
28 business and tourist travelers is an arduous and often lengthy
Page 4
. R. NO.
1 process which deters many potential PRC visitors to Hawaii and '
2 the United States; and
3
4 WHEREAS, at the present time, a PRC citizen who wishes to
5 visit the united States must appear in person before a D.S.
8 consulate official to obtain a visa; however, there are only
7 five U.S. consulates to service the entire PRC; and
8
8 WHEREAS, due to the relative small number of consulate
10 locations and staff to process the in-person interviews required
11 to obtain'an entry visa, the average interview wait times in the
12 PRC far exceed interview wait times in other countries; and
13
14 WHEREAS, one solution to ease this congestion problem is
15 for the PRC to be admitted into the U.S. State Department's Visa
18 Waiver Program, which allows foreign nationals to enter the
17 United States for tourism- or business-related purposes for a
18 maximum of 90 days without requiring a visa; and
19
20 WHEREAS, both Japan and South Korea currently qualify for
21 visa waivers; and
22
23 WHEREAS, in November 2008, when South Korea was accepted as
24 one of 36 countries participating in the Visa Waiver Program,
26 Hawaii saw a significant boost in tourist visitors and dollars
26 from that country; and
27
28 WHEREAS, in order for a country to qualify for the Visa
29 Waiver Program, the country must satisfy certain conditions,
Page 5 . R. NO.
1 with the United States retaining the final discretion of Whether
2 to admit a country into the program; and
3
4 WHEREAS, one condition for entry into the Visa Waiver
5 Program is the rate of refusal of a country's visa applicants
6 which must be three percent or lower; and
7
8 WHEREAS, the refusal rate for PRC visa applicants was 13.3
9 percent as of 2010; and
10
11 WHEREAS, the Travel and Tourism Advisory Board, a newly
12 created industry group appointed by the U.S. Secretary of
13 Commerce, recommended specific measures that could be taken to
14 increase travel to the U.S. from the PRC, which include:
15 (1) Raising the acceptable visa refusal rate from three to 10
16 percent; (2) Establishing a five-day maximum wait time for
17 in-person visa interviews; (3) Adding four to six visa
18 processing locations and several hundred consulate officers to
19 process visas; and (4) Allowing non-immigrant visas to last 10
20 years for PRC visitors, which is currently permitted in other
21 countries; and
22
23 BE IT RESOLVED BY THE House of Representatives/Senate of
24 the Twenty-eighth Legislature of the State of Hawaii, Regular
25 Session of 2014, the Senate/House concurring, that it urges the
26 U.S. Department of State, the Department of Homeland Security
27 and the U.S. Attorney General to include the Peoples Republic
28 of China in the Visa Waiver Program and support the
29 recommendations made by the U.S. Department of Commerce's Travel
Page 9 . R. NO.
1 and Tourism Advisory Board to ease visa restrictions and the
2 visa application and approval process for business and tourist
3 travelers from the People's Republic of China; and
4
5 BE IT FINALLY RESOLVED that a copy of this Resolution be
6 transmitted to the Honorable John Kerry, Secretary of the U.S.
7 Department of State; Secretary Janet Napolitano, Department of
8 Homeland Security; U.S. Attorney General Eric H. Holder, Jr.;
9 Secretary Penny Pritzer, U.S. Department of Commerce; China's
10 Ambassador to the United States, 2201 Wisconsin Avenue, N.W.,
11 Suite 110, Washington, D.C. 20007; the members of Hawaii's
12 Congressional Delegation; the Hawaii Tourism Authority; the
13 Director of the Hawaii State Department of Business, Economic
14 Development and Tourism; the Asian American Institute, 4753
15 North Broadway, Suite 904, Chicago, Illinois 60640; The
16 Organization of Chinese Americans, 1322 18th Street, NW,
17 Washington, D.C. 20036-183; the President of the Hawaii State
18 Association of Counties; and the Mayors of the counties of
19 Kauai, Hawaii, Honolulu and Maui.
20
21 INTRODUCED BY
ilUS1JFICATION SHEET
'1111-E: RELATING TO HAWAII EMPLOYER-UNION
HEALTH BENEFITS TRUST FUND BOARD OF
•
TRUSTEES.
PURPOSE: Designates one of the five seats allocated to
represent"pubic 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: Amends§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.
•
.B. NO.
A BILL FOR AN ACT
RELATING TO HAWAII ENPLOYER. 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 "987A-5 Comzposition of board.
r.+ . r
Pape 2
.B. No.
•
1 The board of trustees of the employer-union health benefits
2 trust fund shall consist of ten trustees appointed 'by tho
3 ee] in accordance with the following procedure:
4 (1) Five trustees[74 appointed by the governor. one of
6 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 par 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(0,_
21 four of whom shall be appointed by the governor.
22 and one of whom shall be appointed by unanimous
Pape
.B. NO.
1 agreement of the mayors of each of the four
2 counties ar}d approved by the Hawaii State
3 Association of Counties tp regresent the city and
4 county of Honolulu and the counties of Hawaii.
6 Maui. and Kauai: provided that if the countjes do
6 not make an appointment within sixty days. the
7 governor may fill the vacancy.
8 Section 26-34 shall not apply to board member selection and
9 terms. Notwithstanding any other provision of this section, no '
10 exclusive representative of a bargaining unit that sponsors or
11 participates in a voluntary employee beneficiary association
12 shall be eligible to select nominees or to be represented by a
13 trustee on the board.
14 As used in this section, the term "exclusive
16 representative" shall have the same meaning as in section 89-2."
16 SECTION 3. Statutory material to be repealed is bracketed
17 and stricken. New statutory material is underscored.
18 SECTION 4. This Act shall take effect upon its approval.
19
20 INTRODUCED BY:
•
JUSTIFICATION SHEET
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.
•
. 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.
Page2
•
• B• NO.
•
1 SECTION 2. Section 8B-24, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "$88-24 Composition of board. The board of trustees shall
4 consist of [cight] ten members as follows:
5 (1) The director of finance of the State, ex officio;
6 (2) [Four] Five members of the system, [ we] three of whom
7 shall be general employees, one of whom shall be a
8 teacher, and one of whom shall be a retirant to be
9 elected by the members and retirants of the system
10 under rules adopted by the board governing the
11 election to serve for terms of six years each, one of
12 the terms to expire on January 1 of each even-numbered
13 year; provided that, if after the close of filing of
14 petitions for candidacy, a member is unopposed for
15 election to a trustee position, the member shall be
16 deemed and declared to be duly and legally elected to
17 the position of trustee without an election; and
18 (3) Three citizens of the State who are not employees, 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
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 1 of an odd-numbered year.
11 Each trustee shall serve until the trustee's successor is
12 elected or appointed, as the case may be, and qualified. For
13 the purpose of this section, the term "general employees"
14 includes police officers and firefighters. "
15 SECTION 3. Statutory material to be repealed is bracketed
16 and stricken. New statutory material is underscored.
17 SECTION 4 . This Act shall take effect upon its approval.
18
19 INTRODUCED BY:
20
JUSTIFICATION SHEET
TITLE: RELATING TO COUNTY SURCHARGE ON STATE
TAX.
PURPOSE: A proposed bill reducing the percentage, from ten to
two percent, which is automatically deducted from the
gross proceeds of a county's surcharge on state tax
and earmarked to reimburse the state for costs
associated with handling the assessments, collection
and disposition of the county surcharge.
MEANS: Amends§284-2.6(a), Hawaii Revised Statutes
JUSTIFICATION: Act 247 (2005)authorized the counties to adopt a
surcharge on the state general excise tax, provided
that ten percent of the gross proceeds are
automatically deducted to reimburse the state for
associated handling costs. However, the specific
percentage amount written into statute was not based
on the actual administration costs incurred by the
state to handle assessments, collection and
disposition of a county's surcharge. Essentially, the
ten percent automatic deduction has no quantitative
basis and does not reflect the true cost of collecting
the county surcharge. Additionally, per statute, any
such monies collected is retained in the state's
general fund and not remitted to the state Department
of Taxation; even though the state Department of
Taxation is the specific agency that administers and
collects the surcharge. In 2012, the amount of
monies automatically deducted totaled $21.2 million.
In comparison, the state Department of Taxation
operating budget totaled$23.7 million. As such,the
amount retained by the state from the county
surcharge should be a true reimbursement of the
additional costs incurred in administering and
collecting the surcharge.
• B• NO.
A BILL FOR AN ACT
RELATING TO COUNTY SURCRARGE ON STATE TAX.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 248-2.6, Hawaii Revised Statutes, is
2 amended by amending subsection (a) to read as follows:
3 " (a) If adopted by county ordinance, all county surcharges
4 on state tax collected by the director of taxation shall be paid
5 into the state treasury quarterly, within ten working days after
6 collection, and shall be placed by the director of finance in
7 special accounts. Out of the revenues generated by county
8 surcharges on state tax paid into each respective state treasury
9 special account, the director of finance shall deduct ( e )two
10 percent of the gross proceeds of a respective county's surcharge
11 on state tax to reimburse the State for the costs of assessment,
12 collection, and disposition of the county surcharge on state tax
13 incurred by the State. Amounts retained shall be general fund
14 realizations of the State. "
15 SECTION 2. Statutory material to be repealed is bracketed
16 and stricken. New statutory material is underscored.
Page 2 ■ B■ I\Ic .
7 SECTION 3. This Act shall take effect on July 1, 2014.
2
3 INTRODUCED BY: