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REPORT OF THE <br /> COMMITTEE ON FINANCE <br /> DATE: May 12, 2014 Re: Comm. No. 877/Bill No. 254 <br /> PLACE: Council Chambers <br /> Hilo, Hawai`i <br /> TIME: 10:40 a.m. <br /> Council Chair and Members <br /> Hawai`i County Council <br /> Hilo, Hawai`i 96720 <br /> Bill No. 254, transmitted by Council Member Brenda J. Ford, via Communication No. 877 dated April <br /> 23, 2014, initiates an amendment to Article II of the Hawai`i County Charter(2012 Edition), by adding <br /> a new section relating to the responsibilities of the County. <br /> The proposed bill defines the Council's and agencies' duties to protect the public's health, safety, and <br /> welfare. <br /> During the meeting, Bill No. 254 was amended with the contents of Communication No. 877.1, <br /> transmitted by Council Member Ford, dated May 12, 2014. <br /> Council Member Ford expressed her support of the bill. She explained that the intention of bill is to <br /> require the County to abide by the "precautionary principle" and the "Public Trust Natural Resources <br /> Doctrine" in decision making in an effort to protect the public's health, safety and welfare. <br /> Several Council Members voiced their concerns of the bill. <br /> Assistant Corporation Counsel Katherine Carson appeared before Your Committee for questions. She <br /> noted that the existing law, as written in the Hawai`i County Charter, pertaining to the County's <br /> obligation to protect the health, safety, and welfare of the public already exists and has flexibility. <br /> Ms. Garson included that case law and interpretation of the Constitution is expansive and may be further <br /> re-defined in the future. Furthermore, she added that the Hawai`i County Charter should remain broad <br /> and that maybe the amendment, Section 2-3(d), would be better placed as a Hawai`i County Code <br /> amendment. Council Members Wille and Eoff agree that the Hawai`i County Charter may not be the <br /> correct place to exercise this amendment. <br /> Council Member Kern, who is in opposition of the bill, feels it will cause more challenges. <br /> Your Committee on Finance is not in accord with the purpose and intent of Bill No. 254, as amended to <br /> Draft 2, and forwards it to Council with a negative recommendation. <br /> Sc <br /> AYES NOES ABS EX Respectfully submitted, <br /> EOFF X <br /> FORD X COMMITTEE ON FINANCE <br /> ILAGAN X <br /> KANUHA X <br /> KERN - X ' I .� iu%i�"�� <br /> ONISHI X <br /> POINDEXTER x VALERIE T. POINDEXTER, CHAIR <br /> WILLE X FC REPORT NO.: 1 75 _ <br /> YOSHIMOTO I X ADOPTED: JUN 0 4 7014 <br />