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HomeMy WebLinkAboutRES 733 Draft 01 2016-2018COUNTY OF HAWAM STATE OF HAWAII RESOLUTION NO. 733 IS A RESOLUTION TO APPROVE LEGISLATIVE PROPOSALS FOR INCLUSION IN THE 2019 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE. WHEREAS, at its meeting on September 17, 2018, the HSAC Executive Committee approved for inclusion in the 2019 Hawaii State Association of Counties (HSAC) Legislative Package, one resolution submitted by HSAC on behalf of Hawaii County, two proposals from Honolulu City Council, and five proposals submitted by Kauai County; and WHEREAS, each proposal must be approved by all four Councils to be included in the 2019 HSAC Legislative Package, which will be presented to the Hawaii State Legislature when it convenes in January 2019; and WHEREAS, timely action is necessary 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 proposed resolution and bills are attached hereto as Exhibit A: 1. A resolution urging the State Legislature to appropriate funding for lifeguards at Kua Bay, proposed by HSAC on behalf of Hawaii County 2. A bill for an act relating to motor vehicle driver's license and civil identification cards, proposed by Honolulu City Council 3. A bill for an act relating to tobacco products, proposed by Honolulu City Council 4. A bill for an act relating to tort liability, proposed by Kauai County 5. A bill for an act relating to taxation, disability hire tax credit, proposed by Kauai County 6. A bill for an act relating to taxation, elderly individual hire tax credit, proposed by Kauai County 7. A bill for an act relating to zoning; single-family transient vacation rental units proposed by Kauai County 8. A bill for an act relating to unadjudicated traffic fines, proposed by Kauai County 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 2019 Hawaii State Association of Counties Legislative Package. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the President and Secretary of the Hawaii State Association of Counties. Dated at Hilo , Hawai`i, this 2nd. day of November , 2018 . INTRODUCED BY: COUNCIL MOMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on November 2, 2018 ATTEST COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER 2 ROI J, CALL VOTE Reference: C-1140/Waived GREDC RESOLUTION NO. 733 18 AYES NOES ABS EX CHUNG X DAVID EOFF x KANUHA LEE LOY X O' HARA POINDEXTER X RICHARDS X RUGGLES X 6 Reference: C-1140/Waived GREDC RESOLUTION NO. 733 18 Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii and City & County of Honolulu RESOLUTION A RESOLUTION URGING THE LEGISLATURE TO APPROPRIATE FUNDS TO EMPLOY LIFEGUARDS AND TO PURCHASE A LIFEGUARD TOWER AND RESCUE EQUIPMENT FOR KUA BAY AT KEKAHA KAI STATE PARK. WHEREAS, Kua Bay at Kekaha Kai State Park (Kua Bay) in North Kona, is under the jurisdiction of the Department of Land and Natural Resources (DLNR), and currently does not provide lifeguard protection; and WHEREAS, lifeguards (water safety officers) act as primary responders for onshore emergencies, provide injury control, and dispatch ocean rescue services to address dangerous incidents in nearshore waters, where the majority of ocean recreation activity takes places; and WHEREAS, the Hawaii State Department of Health, Injury Prevention and Control Division and the Hawaii Fire Department, Ocean Safety Division;. have reported that from 2008 through 2018, there have been more than three fatal drownings; three near drownings;: 10 spinal cord injuries, as well as cardiac arrests, shark sightings; other serious.; and minor injuries, and numerous distressed swimmers at Kua Bay; and WHEREAS, skilled -lifeguards, appropriate rescue equipment, and a lifeguard tower to provide adequate field of sight, are all essential to save lives and prevent injuries a the heavily -visited Kua Bay; and WHEREAS, West Hawaii residents have repeatedly voiced strong concerns regarding the alarming number of reported and unreported incidents which have occurred at Kua Bay; and WHEREAS, annual operational costs to employ four lifeguards at Kua Bay as estimated by the Hawaii Fire Department, Ocean Safety Division, would total $321,696 (salary and benefits of $80,424 per lifeguard, to staff a two person lifeguard tower, seven days. per week)r and WHEREAS, the start-up costs for equipment as estimated by the Hawaii Fire Department, Ocean Safety Division, for Kua Bay for the first year would total $80,000: $60,000 for a lifeguard tower (one-time, start-up costs); $8,000 for an all -terrain vehicle (to be replaced every four years); $8,000 for radios (to be replaced every four years); $3,000 for rescue equipment (bi-annually); $1,000 for personal protective equipment (annually); and WHEREAS, the total for operational costs, together with start-up costs of equipment for the first year is $401,696, with an annual budgeted amount of $325,696 for three years thereafter; and -- - EXHIBIT A F. 2 �or�oU� WHEREAS, this resolution supports the intent of Hawaii County Resolution No. 49- 17, adopted on January 25, 2017, that urges the Hawaii State Legislature to appropriate funds to employ lifeguards and to purchase a lifeguard tower and rescue equipment for Kua Bay at Kekaha Kai State Park, as well as HB14 and HB2044 introduced in January 2017 and January 2018, respectively, which State bills were referred to the Senate Committee on Ways, and Means, however, were not scheduled for hearing; now, therefore, BE IT RESOLVED BY THE Hawaii State Association of Counties that it urges the legislature to appropriate funds to employ lifeguards and to purchase a lifeguard tower and rescue equipment for Kua Bay at Kekaha Kai State Park. BE IT FINALLY RESOLVED that certified copies of this resolution be transmitted to State Senate President Ronald D. Kouchi, Speaker of the State House of Representatives,. Scott K. Saiki, the Honorable Harry Kim, Mayor of Hawaii County, and Council Member Karen Eoff, County of Hawaii. Dated at: , Hawai`i, this day of , 20-- INTRODUCED 0_ INTRODUCED BY: HSAC PRESIDENT HSAC VICE PRESIDENT HSAC SECRETARY HSAC TREASURER .B. NO. A� BILL FOR AN ACT RELATING TO MOTOR VEHICLE DRIVER'S LICENSES AND CIVIL IDENTIFICATION CARDS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 286-111, Hawaii Revised Statutes, is 2 amended by amending subsection (a) to read as follows: 3 "(a) Every application for an instruction permit, 4 provisional license, driver's license, limited purpose driver's 5 license, limited purpose provisional driver's license, or 6 limited purpose instruction permit shall be made upon a form 7 developed by the director. The director shall develop an 8 application form that consolidates the application under this 9 section and the application under section 286-303. The form 10 shall be furnished by the examiner of drivers and shall be 11 verified by the applicant before a person authorized to 1.2 administer oaths. The examiner of drivers and officers serving 13 under the examiner may administer the oaths without 14 charge. Each application for an instruction permit for a 15 category (1), (2), (3), or (4) license shall be accompanied by a 16 fee to be determined by the council of each county, and each 17 application for a provisional license or driver's license shall OCS2018-0769/8/9/2018 4:07 PM .B. NO. 1 be accompanied by the fee, unless the applicant has already paid 2 the fee upon application for an instruction permit in the same 3 county, in which event no fee shall be charged. An additional 4 fee to be determined by the council of each county shall be 5 charged and collected upon the issuance of a provisional license 6 or driver's license. All of the foregoing.fees shall become 7 county realizations." 8 SECTION 2. Section 286-303, Hawaii Revised Statutes, is 9 amended by amending subsection (c) to read as follows: 10 "(c) Every application for an identification card or 11 duplicate of an identification card shall be made on a form 12 developed by the director pursuant to section 286-111 and 13 furnished by the examiner of drivers, signed by the applicant, 14 and signed by the applicant's parent or guardian if the 15 applicant is under eighteen years of age. The application shall 16 contain the following information: 17 (1) Name and complete address, including the number 18 and street name, of the applicant's permanent 49 residence; 20 (2) The applicant's occupation and any pertinent data 21 relating thereto; 22 (3). The applicant's citizenship status; OCS2018-0769/8/9/2018 4:07 PM .B. NO. 1 (4) The applicant's veteran status if applicable and 2 desired by the applicant; 3 (5) The applicant's date and place of birth; 4 (6) General description of the applicant, including 5 the applicant's gender, height, weight, hair 6 color, and eye color; 7 (7) The applicant's left and right index fingerprints 8 or, if clear impressions cannot be obtained, 9 other identifying imprint's as specified by rules 10 of the director; 11 (8) The social security number of the applicant; and 12 (9) A digitized frontal photograph of the applicant's 13 full face. 14 Each applicant shall present documentary evidence as required by 15 the examiner of drivers of the applicant's age and identity, and 16 the applicant shall swear or affirm that all information given 17 is true and correct." 18 SECTION 3. New statutory material is underscored. 19 SECTION 4. This Act shall take effect upon its approval. 20 21 22 INTRODUCED BY: OCS2018-0769/8/9/2018 4:07 PM .B. NO. Report Title: Motor Vehicle; Driver's License; Civil \Identification Card; Application Description: Consolidates the application forms for motor vehicle driver's licenses and civil identification cards. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. OCS2018-0769/8/9/2018 4:07 PM .B. NO. A BILL FOR AN ACT RELATING TO TOBACCO PRODUCTS BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. PREAMBLE 2 SECTION 2. Section 328J -XX, Hawaii Revised Statutes, is 3 repealed: 4 ["§328.T-- c$ ate ide(a)— Sales —e , 5 } e `5 a e-- r r -emits -y anel -e-1 ear cue-efftekifig de v i e e s are a s t a tz e _, ; d e 6 eeneern—I is intent ef the-legz�slatirre ter-egtilate--the 7 sale --of elgaret es, tebaeee--preduets, acrd--eleEtEenieaffteking S devree B in a ani ferm-and--exe l u s i v e-Faann er. 10 ewe-ef- eigar-ettes, 11 devie-es-a-.re-pr-eempted; and existing leeal laws and -=gulati ns 12 eenflieti ng -with 4 h-s--eapterrte-nu1�_nd veid. 13 (e)—Nettring-in ths-ehapter shall be-eenstr-reel to limit a 14 eeunty5--autheEity under- seetien 3284-15"] 15 SECTION 3. Section 328J-15, Hawaii Revised Statutes, is 16 amended to read as follows: 17 1. By amending subsection (a) to read: Page 2 .B. NO. 1 "§328J®15 County ordinances. (a) Nothing in this chapter 2 shall be construed to supersede or in any manner affect a county 3 smoking ordinance and the ability of any county to adopt and 4 enforce additional local laws or ordinances that regulate the 5 sale of cigarettes, tobacco products, and electronic smoking 6 devices; provided that the ordinance is at least as protective 7 of the rights of nonsmokers as this chapter." 8 (b) Nothing in this chapter shall prohibit a county 9 from enacting ordinances more stringent than this chapter. 10 SECTION 3. Statutory material to be repealed is bracketed 11 and stricken. New statutory material is underscored. 12 SECTION 5. This Act shall take effect upon its approval. 13 Page 3 .B. NO. Report Title: Tobacco Products. Description: Repeals and amends provisions relating to the preemption of local laws or ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. 0 B THIRTIETH LEGISLATURE, 2019, STATE OF HAWAII .B. NOW, FOR AN ACT RELATING TO TORT LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: I SECTION 1. The liability protections afforded to lifeguards in Act 170, 2 Session Laws of Hawaii 2002 (Act 170), was repealed on June 30, 2017. Act 170 3 provided liability protection for lifeguard services on the beach or in the ocean, 4 except for gross negligence or wanton acts or omissions. This limited liability 5 protection was made necessary because some counties would not provide lifeguard 6 services at state beach parks, due to the fear of potential liability that might ensue. 7 The legislature finds that Act 170 created a climate in which lifeguard services 9 could be provided by the counties without fear of liability, and, therefore, is a 9 life-saving measure that should be extended. io The purpose of this Act is to make permanent the liability protections for 11 lifeguard services. 12 SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a 13 new section to be appropriately designated and to read as follows: 14 1663- Exception to liability for county lifeguard services. (a) For the 15 purposes of this section: .B. NO. 1 "County lifeguard" means a person employed as a lifeguard by a county of 2 this State. 3 "Employing county" means the county employing a county lifeguard. 4 (b) Notwithstanding_any other law to the contrary, a county lifeguard, the 5 employing county, and the State shall not be liable for any civil damages resulting 6 from any act or omission of the lifeguard while providing rescue, resuscitative, or 7 other lifeguard services on the beach or in the ocean in the scope of employment as s a county lifeguard. This exception from liability, however, shall not apply when the 9 claim for civil damages results from a county lifeguard's gross negligence or wanton to act or omission." 11 SECTION 2. This Act does not affect rights and duties that matured, 12 penalties that were incurred, and proceedings that were begun, before its effective 13 date. 14 SECTION 3. New statutory material is underscored. 15 SECTION 4. This Act shall take effect upon its approval 16 17 1s INTRODUCED BY: .B. NO. Report Title: State and County Tort Liability; Lifeguard Services Description: Makes an exemption fiom tort liability for the State and counties arising from lifeguard services, except for gross negligence or wanton acts or omissions. Yhis summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. THIRTIETH LEGISLATURE, 2019 STATE OF HAWAII .B. NO. A BILL FOR AN ACT RELATING TO TAXATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 235, Hawaii Revised Statutes, is amended by 2 adding a new section to part I to be appropriately designated and to read as follows: 3 "§235- hiring an individual with a disability; income tax 4 credit (a) There shall be allowed to each taxpayer subject to the tax s imposed by this chapter, a credit for the hiring of an individual with a 6 disability that shall be deductible from the taxpayer's net income tax liability. 7 if any, imposed by this chapter for the taxable year in which the credit is 8 properly claimed. 9 (b) The amount of the credit shall be equal to hfty per cent of the 10 qualified wages for the first six months after an individual with a disability is 11 initially hired. A tax credit that exceeds the taxpayer's income tax liability 12 may be used as a credit against the taxpaver's income tax liability in 13 subsequent years until exhausted; provided that in no taxable year shall the 14 total amount of the tax credit claimed under this section exceed $ per 15 taxpayer. .B. NO. 1 (c) Certification of an individual with a disability for the purpose of 2 claiming a credit under this section shall be submitted to the department of 3 taxation on forms prescribed by the department of taxation. 4 (d) An individual shall not be treated as an individual with a s disability unless on or before the day on which the individual begins work for 6 the employer, the employer has received certification from a qualified 7 physician. If an individual has been certified as an individual with a s disability and the certification is incorrect because it was based on false 9 information provided by the individual the certification shall be revoked and 10 wages paid by the employer after the date on which. notice of revocation is 11 received by the employer shall not be treated as qualified wages. 12 In any request for a certification of an individual as an individual with 13 a disability the employer shall certify that a good faith effort was made to 14 determine that such individual is an individual with a disability. is (e) The following wages paid to an individual with a disability are 16 ineligible to be claimed by the employer for this credit: 17 (1) Wages paid to an individual with a disability who: 18 kffiBears any of the relationships described in 19 section 152(d)(2)(A) through (G) of the Internal 20 Revenue Code to the taxpayer, or, if the taxpayer is a 21 comoration, to an individual who owns, directly or 2 .B. NO. 1 indirectly, more than fifty per cent in value of the 2 outstanding stock of the corporation (determined with 3 the application of section 267(c) of this Internal 4 Revenue Code); 5 B) If the taxpaver is an estate or trust, is a grantor, 6 beneficiary, or fiduciary of the estate or trust, or is an 7 individual who bears any of the relationships s described in section 152(d)(2)(A) through (G) of the 9 Internal Revenue Code to a grantor, beneficiary or 10 fiduciary of the estate or trust; or 11 (C)Is a dependent (described in section 152(d)(2)(M of the 12 Internal Revenue Code) of the taxpayer, or, if the 13 taxpayer is an estate or trust, of a grantor, beneficiary, 14 or fiduciary of the estate or trust, and 15 (2) Wages paid to any individual with a disability if, prior to 16 the day the individual is hired by the emplover, the individual had 17 been employed by the employer at any time. 18 if In the case of a successor employer referred to in 19 section 3306(b)(1) of the Internal Revenue - Code, the determination of the 20 amount of the tax credit allowable under this section with respect to wages 21 paid by the successor employer shall be made in the same manner as if the 3 .B. NO. 1 wages were paid by the predecessor employer referred to in section 3306(b)(1) 2 of the Internal Revenue Code. 3 ig2 Claims for the tax credit under this section, including any 4 amended claims, shall be filed on or before the end of the twelfth month 5 following the taxable year for which the credit may be claimed. Failure to 6 comply with the foregoing provision shall constitute a waiver of the right to 7 claim the tax credit. 8 hh) The director of taxation: 9 (1) Shall prepare any forms necessary to claim a _credit under 10 this section: 11 (2) May require a taxpayer to furnish reasonable information 12 to ascertain the validity of a claim for credit: and 13 (3) Many adopt rules pursuant to chapter 91 to effectuate the 14 purposes of this section. 15 (i For purposes of this section: 16 "Individual with a disability" means an individual having a 17 -physical or intellectual impairment that substantially limits one or 18 more major life activities, having a record of that impairment, or being 19 regarded as having that impairment: provided that the disabling 20 impairment is certified by a qualified physician. 21 "Qualified phvsician' means: 4 .B. NO. 1 0- A physician or osteopathic physician licensed under 2 chapter 453,- 3 53;3 (2) A qualified out-of-state physician who is currently 4 licensed to practice in the state in which the physician resides; 5 or 6 (3) A commissioned medical officer in the United 7 States AM, NM, Marine Corps, or Public Health Service, s engaged in the discharge of one's official duty. 9 "Qualified wages" means wages attributable to work rendered 10 by an individual with a disability for the six-month period after the 11 individual is initially hired. 12 "Wages" means wages, commissions, fees, salaries, bonuses, and 13 every and all other kinds of remuneration for, or compensation 14 attributable to, services performed by an employee for the employee's 15 employer, including the cash value of all remuneration paid in any 16 medium other than cash and the cost -of -living allowances and other 17 payments included in gross income by section 235-7(b), but excluding 18 income excluded fiom gross income by section 235-7 or other provisions 19 of this chapter." 20 SECTION 2. New statutory material is underscored. 5 .B. NO. 1 SECTION 3. This Act, upon its approval, shall apply to taxable years 2 beginning after December 31, 2015. a INTRODUCED BY: 6 .B. NO. Report Title: Individual with a Disability; Employment; Income Tax Credit Description: Provides a taxpayer who hires an individual with a disability a nonrefundable tax credit for the six-month period after the individual is initially hired by the taxpayer. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. 7 THIRTIETH LEGISLATURE, 2019 STATE OF HAWAII B. NO. ABILL FOR AN ACT RELATING TO TAXATION. a BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 235, Hawai'i Revised Statutes, is amended by 2 adding a new section to part I to be appropriately designated and to read as follows: 3 "§235- Hirina an elderly individual; income tag credit. (a) 4 There shall be allowed to each taxpaver subiect to the tax imposed by this 5 chapter, a credit for the hiring of an elderly individual that shall be 6 deductible from the taxpayer's net income tax liability, if any, imposed by this 7 chapter for the taxable year in which the credit is properly claimed. 8 (b) The amount of the credit shall be equal to fifty per cent of the 9 qualified wages for the first six months after the elderly individual is initially 10 hired. A tax credit that exceeds the taxpayer's income tax liability may be 11 used as a credit against the taxpayer's income tax liability in subsequent 12 years until exhausted; provided that in no taxable year shall the total 13 amount of the tax credit claimed under this section exceed $ per 14 taxpayer. is (c) The following wages paid to an elderly individual are ineligible 16 to be claimed by the employer for this credit: 17 ) ' Wages paid to an elderly individual who: .B. NO. i f&Bears any of the relationships described in section z 152(d)(2)(A) through (G) of the Internat Revenue Code 3 to the taxpayer, or, if the taxpayer is a corporation, to 4 an individual who owns, directly or indirectly, more s than fifty per cent in value of the outstanding stock of 6 the corporation (determined with the application of 7 section 267(c) of this Internal Revenue Code); 8 B)If the taxpayer is an estate or trust, is a grantor, 9 beneficiary, or fiduciary of the estate or trust, or is an 10 individual who bears any of the relationships 11 described in section 152(d)(2)(A) through (G) of the 12 Internal Revenue Code 'to a grantor, beneficiary or 13 fiduciary of the estate or trust; or 14 FIs a dependent (described in section 152(d) 2)(H) of the 15 Internal Revenue Code) of the taxpayer, or, if the 16 taxpaver is an estate or trust, of a grantor, beneficiary, 17 or fiduciary of the estate or trust; and 18 (2) Wages paid to any elderly individual if, prior to the day 19 the individual is hired by the em -plover, the individual had been 20 employed by the employer at any time. 2 .B. NO. 1 (d) In the case of a successor em -plover referred to in section z 3306(b)(1) of the Internal Revenue Code, the determination of the amount of 3 the tax credit allowable under this section with respect to wages paid by the 4 successor employer shall be made in the same manner as if the wages were 5 paid by the predecessor employer referred to in section 3306(b)(1) of the 6 Internal Revenue Code. 7 (e) Claims for the tax credit under this section, including any 8 amended claims, shall be filed on or before the end of the twelfth month 9 following the taxable year for which the credit may be claimed. Failure to 10 comply with the foregoing provision shall constitute a waiver of the right to 11 claim the tax credit. 1zfL) The director of taxation: 13 L11 Shall prepare any forms necessary to claim a credit under 14 this section: 15() May require a taxpayer to furnish reasonable information 16 to ascertain the validity of a claim for credit: and 17 (3) May adopt rules pursuant to chapter 91 to effectuate the 18 purposes of this section. 19 (g) For purposes of this section: 20 "Elderly individuaF means an individual who is sixty-seven 21 years of age or older. 3 .B. NO. 1 "Qualified wages" means wages. attributable to work rendered 2 by an elderly individual for the six-month period after the individual is 3 initially hired. 4 "Wages" means wages, commissions, fees salaries, bonuses, and 5 every and all other kinds of remuneration for, or 'compensation 6 attributable to, services performed by an employee for the employee's 7 employer, including the cash value of all remuneration paid in any s medium other than cash and the cost -of -living allowances and other 9 payments included in gross income by section 235-7(b), but excluding 10 income excluded from gross income by section 235-7 or other provisions 11 of this chapter." 12 SECTION 2. New statutory material is underscored. 13 . SECTION 8. This Act, upon its approval, shall apply to taxable years 14 beginning after December 31, 2018. 15 16 INTRODUCED BY: 4 B. NO. Report Title: Taxation; Income Tax Credit; Elderly Persons; Employment Description: Provides a taxpayer who hires an elderly individual a nonrefundable tax credit for the six-month period after the individual is initially hired by the taxpayer. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. 5 THIRTIETH LEGISLATURE, 2019 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ZONING BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 46-4, Hawaii Revised Statutes, is amended by 2 amending subsection (a) to read as follows: 3 "(a) This section and any ordinance, rule, or regulation adopted in 4 accordance with this section shall apply to lands not contained within the 5 forest reserve boundaries as established on January 31, 1957, or as 6 subsequently amended. 7 Zoning in all counties shall be accomplished within the framework of a 8 long-range, comprehensive general plan prepared or being prepared to guide 9 the overall future development of the county. Zoning shall be one of the tools 10 available to the county to put the general plan into effect in an orderly 11 manner. Zoning in the counties of Hawaii, Maui, and Kauai means the 12 establishment of districts of such number, shape, and area, and the adoption 13 of regulations for each district to carry out the purposes of this section. In 14 establishing or regulating the districts, full consideration shall be given to all 15 available data as to soil classification and physical use capabilities of the land 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .B. NO. to allow and encourage the most beneficial use of the land consonant with good zoning practices. The zoning power granted herein shall be exercised by ordinance which may relate to: (1) The areas within which agriculture, forestry, industry, trade, and business may be conducted; (2) The areas in which residential uses may be regulated or prohibited; (3) The areas bordering natural watercourses, channels, and streams, in which trades or industries, filling or dumping, erection of structures, and the location of buildings may be prohibited or restricted; (4) The areas in which particular uses may be subjected to special restrictions; (5) The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered; (6) The location, height, bulk, number of stories, and size of buildings and other structures; (7) The location of roads, schools, and recreation areas; (8) Building setback lines and future street lines; (9) The density and distribution of population; u .B. NO. 1 (10) The percentage of a lot that may be occupied, size of 2 yards, courts, and other open spaces; 3 (11) Minimum and maximum lot sizes; and 4 (12) Other regulations the boards or city council find necessary 5 and proper to permit and encourage the orderly development of land 6 resources within their jurisdictions. 7 The council of any county shall prescribe rules, regulations, and s administrative procedures and provide personnel it finds necessary to enforce 9 this section and any ordinance enacted in accordance with this section. The 10 ordinances may be enforced by appropriate fines and penalties, civil or 11 criminal, or by court order at the suit of the county or the owner or owners of 12 real estate directly affected by the ordinances. 13 Any civil fine or penalty provided by ordinance under this section may 14 be imposed by the district court, or by the zoning agency after an opportunity 15 for a hearing pursuant to chapter 91. The proceeding shall not be a 16 prerequisite for any injunctive relief ordered by the circuit court. 17 Nothing in this section shall invalidate .any zoning ordinance or 1s regulation adopted by any county or other agency of government pursuant to 19 the statutes in effect prior to July 1, 1957. 20 The powers granted herein shall be liberally construed in favor of the 21 county exercising them, and in such a manner as to promote the orderly .B. NO. 1 development of each county or city and county in accordance with a long - 2 range, comprehensive general plan to ensure the greatest benefit for the 3 State as a whole. This section shall not be construed to limit or repeal any 4 powers of any county to achieve these ends through zoning and building s regulations, except insofar as forest and water reserve zones are concerned 6 and as provided in subsections (c) and (d). 7 Neither this section nor any ordinance enacted pursuant to this section s shall- prohibit the continued lawful use of any building or premises for any 9 trade, industrial, residential, agricultural, or other purpose for which the 10 building or premises is used at the time this section or the ordinance takes 11 effect; provided that a zoning ordinance may provide for elimination of 12 nonconforming uses as the uses are discontinued, or for the amortization or 13 phasing out of nonconforming uses or signs over a reasonable period of time 14 in commercial, industrial, resort, and apartment zoned areas only[-]: provided 15 further that only in counties with a population less than one hundred 16 thousand, a zoning ordinance may provide for the amortization or phasing 17 out of nonconforming single-family transient vacation rental units over a 18 reasonable period of time in an area of any zoning classification. In no event 19 shall such amortization or phasing out of nonconforming uses apply to any 20 existing building or premises used for residential (single-family or duplex) or 21 agricultural uses[.-] other than nonconforming transient vacation rental units .B. NO. 1 as provided in this subsection. Nothing in this section shall affect or impair 2 the powers and duties of the director of transportation as set forth in 3 chapter 262." a SECTION 2. Statutory material to be repealed is bracketed and 5 stricken. New statutory material is underscored. 6 SECTION 3. This Act shall take effect upon its approval. Introduced by: s Report Title: Zoning; Single -Family Transient Vacation Rental Units Description: Allows counties with populations less than one hundred thousand to enact a zoning ordinance to amortize or phase out nonconforming single-family transient vacation rental units over a reasonable period of time.- Me ime: The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. THIRTIETH LEGISLATURE, 2019 STATE OF HAWAII .B. NO. A BILL FOR AN ACT RELATING TO UNADJUDICATED TRAFFIC FINES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 291C, Hawaii Revised Statutes, is 2 amended by adding a new part to be appropriately designated and 3 to read as follows: 4 "DART TRANSMITTAL OF TRAFFIC FINES 5 AND FORFEITURES TO COUNTIES 6 §291C -A Definitions. As used in this part, unless the 7 context clearly requires otherwise: 8 "Traffic infractions" means the same as defined under 9 section 291D-2. 10 "Uncontested traffic infraction" means a traffic infraction 11 for which the person noticed under section 291D-5 does not 12 contest the infraction. A person "does not contest" an 13 infraction if, in accordance with section 291D -6(b)(1), the 14 person admits the commission of the infraction without 15 requesting a hearing to explain mitigating circumstances and Page 2 .B. NO. 1 pays or remits bail forfeiture by mail, via the Internet, or by 2 telephone within thirty days. 3 §291C -B Transmittal of fines and forfeitures from July 1, 4 2017. (a) Beginning July 1, 2017, the director of finance 5 shall transmit to each county, not more than thirty days after 6 the end of each fiscal quarter, all the fines and forfeitures 7 collected for uncontested traffic infractions committed in that 8 county that are in excess of amounts required by the State to 9 pay the administrative costs of the traffic violations bureau. J 10 The fines and forfeitures shall be directed to the county in 11 which the citations were issued. This section shall not 12 apply to: 13 (1) Fines and forfeitures for violations that occur on 14 state off-street parking facilities, parks, airports, 15 and harbors that are subject to enforcement by the 16 State; and 17 (2) Fines and forfeitures that are required by law to be 18 paid into a special, revolving, or trust fund. 19 No county shall be entitled to any portion of the fines and 20 forfeitures described in this subsection." 21 SECTION 2. Section 291C-171, Hawaii Revised Statutes, 22 is amended by amending subsection (a) to read as follows: Page 3 ■ B . NOw 1 "(a) All fines and forfeitures collected upon conviction or 2 upon the forfeiture of bail of any person charged with a 3 violation of any section or provision of the state traffic laws J 4 and all assessments collected relating to the commission of 5 traffic infractions shall be paid to the director of finance of 6 the State.- The judiciary shall identify those fines paid for 7 uncontested traffic infractions as defined in section 291C -A. 8 The disposition of fines and forfeitures paid to the director of 9 finance shall be subject to sections 291C -B." 10 SECTION 3. In codifying the new sections added by 11 section 1 of this Act, the revisor of statutes shall substitute 12 appropriate section numbers for the letters used in designating 13 the new sections in this Act. 14 SECTION 2. New statutory material is underscored. 15 SECTION 3. This Act shall take effect on July 1, 2019. 16 17 INTRODUCED BY: 18 Report Title: Unadjudicated Traffic Fines; Transfer to Counties Description: Transfers certain fines and forfeitures collected for uncontested traffic infractions to the counties The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative Intent.