HomeMy WebLinkAboutRES 263 Draft 01 2020-2022 .............
COUNTY OF HAWAII ed#_* STATE OF HAWAII
4�Mii'..:
. �rE OF•H'�
RESOLUTION NO.
263 21
A RESOLUTION APPROVING THE LEGISLATIVE PROPOSALS FOR INCLUSION
IN THE 2022 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE
PACKAGE.
WHEREAS, at its meeting on October 26, 2021, the Hawai`i State Association of
Counties (HSAC) Executive Committee approved for inclusion in the HSAC Legislative
Package four proposals from the County of Maui, one proposal from the City and County of
Honolulu, and two proposals from the HSAC Executive Committee; and
WHEREAS, each proposal must be approved by all four county councils to be included
in the 2022 HSAC Legislative Package, which will be presented to the Hawai`i State Legislature
when it convenes in January 2022; 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 bills are attached hereto as Exhibit A:
1. A Bill for an Act Relating to Unlawful Chop Shop Activity (proposed by the County
of Maui)
2. A Bill for an Act Relating to the Coastal Zone Management Act (proposed by the
County of Maui)
3. A Bill for an Act Relating to Climate Change Mitigation(proposed by the County of
Maui)
4. A Bill for an Act Relating to Lifeguards (proposed by the County of Maui)
5. A Bill for an Act Relating to Traffic Fines (proposed by the City and County of
Honolulu)
6. A Bill for an Act Relating to Juneteenth Day (proposed by the HSAC Executive
Committee)
7. A Bill for an Act Relating to County Transient Accommodations Tax(proposed by
the HSAC Executive Committee); 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 2022
Hawai`i 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 Hawai`i State Association of Counties.
Dated at , Hawai`i, this day of , 20 .
INTRODUCED BY:
i , 0 , /
C UNCIL ME-v BER, COUNTY OF HAWAII
•
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by INABA
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER
County of Hawaii on
KIERKIEWICZ
KIMBALL
ATTEST: LEE LOY
RICHARDS
VILLEGAS
Reference: C-497/GOREDC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 263 21
2
>9
Hawai`i State Association of Counties (HSAC) ;.,24 SA S
Counties of Kaua`i, Maui, Hawaii, and City &County of Honolulu
Website:hawaiicounties.org 1 Email:hsacCahhawaiicounties.org -.
"., Op
cout"�ti
November 5, 2021
Aloha Chair,
Attached for your consideration are proposals to be included in the 2022 Hawai'i
State Association of Counties (HSAC) Legislative Package, which were approved by
the HSAC Executive Committee on October 26, 2021. Please note that pursuant to
Section 13C of the Bylaws of the--i Hawaii State Association of Counties, Inc.,
proposals must be approved by all four County Councils in order to be included in
the final package.
2022 HSAC LEGISLATIVE PACKAGE
1. A Bill For An Act Relating to Unlawful Chop Shop Activity (Proposed by the
County of Maui).
2. A Bill For An Act Relating to the Coastal Zone Management Act (Proposed by
the County of Maui).
3. A Bill For An Act Relating to Climate Change Mitigation (Proposed by the
County of Maui).
4. A Bill For An Act Relating to Lifeguards (Proposed by the County of Maui).
5. A Bill For An Act Relating to Traffic Fines (Proposed by the City and County
of Honolulu).
6. A Bill For An Act Relating to Juneteenth Day (Proposed by the HSAC
Executive Committee).
EXHIBIT A
.v p1tASSoCi
3P 9�
*+ SAM*
y �
Page 12 °��o�Nj��•
7. A Bill For An Act Relating to County Transient Accommodations Tax
(Proposed by the HSAC Executive Committee).
Your attention to this matter is greatly appreciated. Should you have any questions
please contact Nahelani Parson, (808) 265 7830.
Mahalo,
70,ado`11/ eit9-0-i
Mason Chock
HSAC President
Resolution
No. 21-145
APPROVING FOR INCLUSION IN THE 2022
HAWAII STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE A STATE BILL TO
ESTABLISH CRIMINAL OFFENSES OF
UNLAWFUL CHOP SHOP ACTIVITY
WHEREAS, a "chop shop" is a place of criminal activity, often
mimicking a legitimate auto body or repair shop, where stolen motor
vehicles or motor vehicle parts are taken to be altered to conceal their true
identity; and
WHEREAS, chop . shop activity may include the theft of motor
vehicles and motor vehicle parts, defacing vehicle identification numbers,
re-stamping false vehicle identification numbers into stolen vehicles, and
re-sale of these stolen vehicles to unsuspecting, innocent buyers; and
WHEREAS, according to a "Crime in the U.S. 2019" report by the
Federal Bureau of Investigation's Criminal Justice Information Services
Division, Hawaii had the third-highest motor vehicle theft rate in the
nation at 371.1 per 100,000 people; and
WHEREAS, in 2019, the Maui Police Department reported 661
motor vehicle theft offenses and $4,421,246 in stolen motor vehicle
property; and
WHEREAS, there is no State statute covering the criminal
misconduct of chop shop activity, and the need for such a statute has been
established through numerous auto theft investigations that led to the
discovery of chop shop activity as part of the criminal misconduct; now,
therefore,
BE IT RESOLVED by the Council of the County of Maui:
1. That the proposed State bill, attached as Exhibit "A," to
establish criminal offenses of unlawful chop shop activity, is
approved for inclusion in the 2022 Hawaii State Association
of Counties Legislative Package; and
Resolution No. 21-145
2. That certified copies of this Resolution be transmitted to the
Hawaii State Association of Counties Executive Committee.
paf:knat:21-216c
Exhibit "A"
r B ■ NO.
A BILL FOR AN ACT
RELATING TO UNLAWFUL CHOP SHOP ACTIVITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that a chop shop is street
2 vernacular for a location where stolen motor vehicles or motor
3 vehicle parts are taken to be altered to conceal their true
4 identity. Chop shop activity may include the theft of motor
5 vehicles and motor vehicle parts, defacing vehicle identification
6 numbers, re-stamping false vehicle identification numbers into
7 stolen vehicles, and the re-sale of these stolen vehicles to
8 unsuspecting, innocent buyers.
9 The purpose of this Act is to establish the criminal offenses
10 of unlawful chop shop activity in the first and second degree, and
11 to provide for the forfeiture of property connected with chop shop
12 activity.
13 SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended
14 by adding a new part to be appropriately designated and to read as
15 follows:
16 "PART
17 UNLAWFUL CHOP SHOP ACTIVITY
18 §708- Definitions. As used in this part:
MCC-05
Page 2
. B . NO.
1 "Chop shop" means:
2 (1) Any building, lot, or other premises that is used to
3 store, destroy, dismantle, disassemble, or reassemble a motor
4 vehicle or two or more motor vehicle parts that the person knows
S to have been stolen; or
6 (2) Any building lot, or other premises that is used to
7 alter, conceal, disguise, or remove the vehicle identification
8 number of at least one motor vehicle or two or more motor vehicle
9 parts from at least one motor vehicle that the person knows to
10 have been stolen.
11 "Motor vehicle" means any automobile, motorcycle, motorboat,
12 or other motor-propelled vehicle.
13 "Vehicle identification number" means the number that the
14 manufacturer or a governmental agency assigns to a motor vehicle
15 for the purpose of identifying the motor vehicle or a major
16 component part of the motor vehicle. "Vehicle identification
17 number" includes any combination of numbers or letters.
18 §708- Unlawful chop shop activity. A person commits
19 unlawful chop shop activity if the person knowingly:
20 (a) Owns or operates a chop shop;
21 (b) Transports a stolen motor vehicle or two or more stolen .
22 motor vehicle parts to or from a chop shop;
Page 3
. B . NO .
1 (c) Sells or transfers to, or purchases or receives from a
2 chop shop a stolen motor vehicle or two or more stolen motor
3 vehicle parts; or
4 (d) Conducts or participates in the conduct of the affairs
5 of any chop shop by:
6 (A) Storing, destroying, dismantling, disassembling, or
7 reassembling a stolen motor vehicle or two or more stolen motor
8 vehicle parts; or
9 (B) Altering, concealing, disguising, or removing the
10 vehicle identification number of at least one stolen motor vehicle
11 or two or more motor vehicle parts from at least one stolen motor
12 vehicle.
13 §708- Unlawful chop shop activity in the first degree. (1)
14 A person commits the offense of unlawful chop shop activity in the
15 first degree if the person commits unlawful chop shop activity and
16 the total value of all stolen motor vehicles or stolen motor
17 vehicle parts stored, transported, sold, transferred, purchased,
18 received, destroyed, dismantled, disassembled, reassembled, or
19 made unidentifiable by altering, concealing, disguising, or
20 removing the vehicle identification number of the motor vehicle or
21 motor vehicle parts by the person is equal to or greater than
22 $250, 000.
Page 4
. B . NO.
1 (2) Unlawful chop shop activity in the first degree is a
2 class A felony.
3 §708- Unlawful chop shop activity in the second degree.
4 (1) A person commits the offense of unlawful chop shop activity
5 in the second degree if the person commits unlawful chop shop
6 activity and the total value of all stolen motor vehicles or stolen
7 motor vehicle parts stored, transported, sold, transferred,
8 purchased, received, destroyed, dismantled, disassembled,
9 reassembled, or made unidentifiable by altering, concealing,
10 disguising, or removing the vehicle identification number of the
11 motor vehicle or motor vehicle parts by the person is less than
12 $250, 000, but equal to or greater than $100, 000.
13 (2) Unlawful chop shop activity in the second degree is a
14 class B felony.
15 §708- Forfeiture of property connected with chop shop
16 activity. Any motor vehicle, motor vehicle part, tool, implement,
17 or real property possessed or used in violation of this part, or
18 any money obtained in violation of this part may be ordered
19 forfeited to the State, subject to the requirements of chapter
20 712A. ""
21 SECTION 3. Statutory material to be repealed is bracketed
22 and in strikethrough. New statutory material is underscored.
Page 5
. e . No.
1 SECTION 4. This Act does not affect rights and duties that
2 matured, penalties that were incurred, and proceedings that were
3 begun before its effective date.
4 SECTION 5. This Act shall take effect upon its approval.
5
6 INTRODUCED BY:
7
8 paf:kmat:21-216a
COUNCIL OF THE COUNTY OF MAUI
WAILUKU, HAWAII 96793
CERTIFICATION OF ADOPTION
It is HEREBY CERTIFIED that RESOLUTION NO. 21-145, was adopted by the
Council of the County of Maui, State of Hawaii, on the 17th day of September,
2021, by the following vote:
Alice L Keani N.W. Gabriel Natalie A. Kelly T. Michael J. Tamara A.M. Shane M. Yuki Lel K.
MEMBERS LEE RAWLINS• JOHNSON KAMA KING MOUNA PALTIN SINENCI SUGIMURA
Chair FERNANDEZ
Vice-Chair
ROLL CALL Aye Aye Aye Aye Aye Aye Aye Aye Aye
COUNTY CLERK
Resolution
No. 21-148
APPROVING FOR INCLUSION IN THE 2022
HAWAII STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE A STATE BILL TO
LOWER THE SIZE THRESHOLD FOR HOMES
THAT ARE CONSIDERED A"DEVELOPMENT"
UNDER THE COASTAL ZONE MANAGEMENT
ACT
WHEREAS, under the Coastal Zone Management Act, a single-
family home of less than 7,500 square feet of floor is not considered a
"development" and, therefore, does not require a Special Management Area
Major Use Permit; and
WHEREAS, revising the CZMA to lower the size threshold to 5,000
square feet would appropriately make more residential development
subject to review by the Planning Commissions for SMA Major Use
Permits; and; now, therefore,
BE IT RESOLVED by the Council of the County of Maui:
1. That the proposed State bill, attached as Exhibit "A," to lower
the size threshold for homes that are considered a
"development' under the Coastal Zone Management Act, is
approved for inclusion in the 2022 Hawaii State Association
of Counties Legislative Package; and
2. That certified copies of this Resolution be transmitted to the
Hawaii State Association of Counties Executive Committee.
paf lma:21-276c
Exhibit"A"
B . NO.
A BILL FOR AN . ACT
RELATING TO THE COASTAL ZONE MANAGEMENT ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 205A-22, Hawaii Revised Statutes, is
2 amended by amending the definition of "development" to read as
3 follows:
4 ""Development" means any of . the uses, activities, or
5 operations on land or in or under water within a special management
6 area that are included below:
7 (1) Placement or erection of any solid material or any
8 gaseous, liquid, solid, or thermal waste;
9 (2) Grading, removing, dredging, mining, or extraction of any
10 materials;
11 (3) Change in the density or intensity of use of land,
12 including but not limited to the division or subdivision of land;
13 (4) Change in the intensity of use of water, ecology related
14 thereto, or of access thereto; and
15 (5) Construction, reconstruction, or alteration of the size
16 of any structure.
17 "Development" does not include the following:
Page2
• B • N 0 •
1 (1) Construction or reconstruction of a single-family
2 residence that is less than Cccvcn thousand five hundred] five
3 thousand square feet of floor area, is not situated on a shoreline
4 parcel or a parcel that is impacted by waves, storm surges, high
5 tide, or shoreline erosion, and is not part of a larger
6 development;
7 (2) Repair or maintenance of roads and highways within
8 existing rights-of-way;
9 (3) Routine maintenance dredging of existing streams,
10 channels, and drainage ways;
11. (4) Repair and maintenance of underground utility lines,
12 including but not limited to water, sewer, power, and telephone
13 and minor appurtenant structures such as pad mounted transformers
14 and sewer pump stations;
15 (5) Zoning variances, except for height, density, parking,
16 and shoreline setback;
17 (6) Repair, maintenance, or interior alterations to existing
18 structures;
19 (7) Demolition or removal of structures, except those
20 structures located on any historic site as designated in national
21 or state registers;
22 (8) Use of any land for the purpose of cultivating, planting,
23 growing, and harvesting plants, crops, trees, and other
Page 3
B. NOR
1 agricultural, horticultural, or forestry products or animal
2 husbandry, or aquaculture or mariculture of plants or animals, or
3 other agricultural purposes;
4 (9) Transfer of title to land;
5 (10) Creation or termination of easements, covenants, or
6 other rights in structures or land;
7 (11) Subdivision of land into lots greater than twenty acres
8 in size;
9 (12) Subdivision of a parcel of land into four or fewer
10 parcels when no associated construction activities are proposed;
11 provided that any land that is so subdivided shall not thereafter
12 qualify for this exception with respect to any subsequent
13 subdivision of any of the resulting parcels;
14 (13) Installation of underground utility lines and
15 appurtenant aboveground fixtures less than four feet in height
16 along existing corridors;
17 (14) Structural and nonstructural improvements to existing
18 single-family residences, where otherwise permissible;
19 (15) Nonstructural improvements to existing commercial or
20 noncommercial structures; and
21 (16) Construction, installation, maintenance, repair, and
22 replacement of emergency management warning or signal devices and
23 sirens;
Page 4
..8 . NO.
1 provided that whenever the authority finds that any excluded use,
2 activity, or operation may have a cumulative impact, or a
3 significant environmental or ecological effect on a special
4 management area, that use, activity, or operation shall be defined
5 as "development" for the purpose of this part. "
6 SECTION 2 . Section 205A-22, Hawaii Revised Statutes, is
7 also amended by adding a definition to be as follows:
8 "Floor area" means the roofed area of all floors of a
9 structure measured from the exterior faces of the exterior walls
10 or from the center line of party walls dividing a structure; the
11 floor area of a structure, or portion of the floor area, that is
12 not enclosed by exterior walls shall be the area under the
13 covering, roof, or floor that is supported by posts, columns,
14 partial walls, or similar structural members that define the wall
15 line. Excluded from the floor area are:
16 (1) Parking structures such as garages and carports,
17 including covered driveways and accessways, porte cocheres, and
18 *parking attendant booths.
19 (2) Attic areas with headroom less than seven feet.
20 (3) Projections such as sunshade devices and architectural
21 embellishments that are decorative only.
22 (4) Areas covered by roofing treatment to screen rooftop
23 machinery only.
Paged
Ba i\I .
1 (5) Areas underneath unsupported roof overhangs or
2 cantilevered building overhangs, provided no portion of the area
3 is enclosed except for a safety railing or wall not exceeding four
4 feet in height.
5. (6) Elevators and vent shafts.
6 (7) Basements that are used exclusively for storage.
7 (8) Common walkways and other exterior common areas in multi-
8 family and commercial structures, such as stairways, breezeways,
9 and fire escapes.
10 (9) Exterior machinery and equipment enclosures such as for
11 laundry, water heaters, air conditioning, and trash receptacles. "
12 SECTION 3 . Statutory material to be repealed is bracketed
13 and in strikethrough. New statutory material is underscored.
14 SECTION 4 . This Act does not affect rights and duties that
15 matured, penalties that were incurred, and proceedings that were
16 begun before its effective date.
17 SECTION 5. This Act shall take effect upon its approval.
18
19 INTRODUCED BY:
20
21 paf:kmat:21-299b
•
COUNCIL OF THE COUNTY OF MAUI
WAILUKU, HAWAII. 96793
•
•
CERTIFICATION OF ADOPTION
It is HEREBY CERTIFIED that RESOLUTION NO, 21-148, was adopted by the
Council of the County of Maui, State of Hawaii, on the 1st day of October, 2021, by
the following vote:
•
Alice L. Keani N.W. Gabriel Natalie A. Kelly T. Michael J. Tamara A.M. Shane M. Yuki Lel K.
MEMBERS LEE RAWLINS- JOHNSON KAMA KING MOLINA PALTIN SINENCI SUGIMURA
Chair FERNANDEZ
Vice-Chair - •
ROLL CALL Aye Excused Aye Excused Aye Aye Aye Aye Aye
I .
tirr-
COUNTY CLERK
.‘:
Resolution
No. 21-150
APPROVING FOR INCLUSION IN THE 2022
HAWAII STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE A STATE BILL TO .
ASSESS A CLIMATE CHANGE MITIGATION
IMPACT FEE FOR TOURISM-RELATED
VEHICLES
WHEREAS, tourism has a significant impact on Hawaii's
environment and public services; and
• WHEREAS, a 2019 report from the Travel Foundation, Cornell
University, and EplerWood International, "Destinations at Risk: The
Invisible Burden of Tourism," states destinations must uncover and
account for tourism's hidden costs, referred to as the "invisible burden,"
to protect and manage vital destination assets worldwide; and
WHEREAS, according to the report, failing to do so puts ecosystems,
cultural wonders, and community life at increasing risk and places the
tourism industry on a weak foundation; and
WHEREAS, to ensure the quality of life of residents, the health of
the environment, and continued value for the visitor experience,
management efforts to maintain the State's infrastructure and
environment are imperative; and
WHEREAS, fees with an environmental focus and that are designed
to manage the impacts of tourism on climate change and the environment
are essential to the State's management efforts; now, therefore,
BE IT RESOLVED by the Council of the County of Maui:
1. . That the proposed State bill, attached as Exhibit"A," to assess
a climate change mitigation impact fee for tourism-related
vehicles, is approved for inclusion in the 2022 Hawaii State
Association of Counties Legislative Package; and
2. That certified copies of this Resolution be transmitted to the
Hawaii State Association of Counties Executive Committee.
paf:kmat:21-281b
Exhibit "A"
. B . NO.
A B
ILL FOR AN ACT
RELATING TO CLIMATE CHANGE MITIGATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Tourism, as the State' s primary industry, has a
2 significant impact on Hawaii' s environment and public services . A
3 2019 report, "Destinations at Risk: The Invisible Burden of
4 Tourism", commissioned by the Travel Foundation and co-published
5 with Cornell University' s Centre for Sustainable Global Enterprise
6 and EplerWood International, describes how destinations must
7 uncover and account for tourism' s hidden costs, referred to as the
8 "invisible burden", to protect and manage vital destination assets
• 9 worldwide. According to the report, failing to do so puts
10 ecosystems, cultural wonders, and community life at increasing
11 risk and places the tourism industry on a weak foundation.
12 The impacts of cars, biases, shuttles, and other road vehicles,
13 which emit carbon dioxide and other greenhouse gases, contribute
14 to climate change. To ensure the quality of life of residents,
15 the health of the environment, and continued value for the visitor
16 experience, management efforts to maintain the State' s
17 infrastructure and environment are imperative.
MCC-05
Paget B .
NO.
1 �1
1 Fees with an environmental focus and that are designed to
2 manage the impacts of tourism on climate change and the environment
3 are essential to the State' s management efforts.
4 The purpose of this Act is to assess a climate change
5 mitigation impact fee for persons renting, leasing, or utilizing
6 tourism-related vehicles in the State to be used toward protecting
7 Hawaii ' s natural resources and environment, which are essential to
8 the quality of life of residents and the State's tourism-based
9 economy.
10 SECTION 2 . Chapter 171, Hawaii Revised Statutes, is amended
11 by adding two new sections to be appropriately designated and to
12 read as follows:
13 "§171-A Climate change mitigation impact fee. (a) Beginning
14 July 1, 2022, every rental motor vehicle customer shall pay to the
15 department a climate change mitigation impact fee for renting,
16 leasing, or utilizing a rental motor vehicle.
17 (b) The climate change mitigation. impact fee shall be
18 assessed to each rental motor vehicle customer at a charge of $
19 per day, or any portion of a day, that the rental motor vehicle is
20 rented or leased by the rental motor vehicle customer.
21 (c) All fees collected pursuant to subsection (a) shall be
22 deposited to the credit of the general fund; provided that
23 beginning July 1, 2024, all fees collected pursuant to subsection
Page 3
. B N 0•
1 (a) shall be depositedto the credit of the climate change
2 mitigation special fund established pursuant to section 171-B.
3 (d) The department shall establish rules pursuant to chapter
. 4 91 necessary for the collection of climate change mitigation impact
5 fees.
6 (e) For the purposes of this section, "rental motor vehicle"
7 means:
8 (1) Any gas powered vehicle that is rented or leased or
9 offered for rent or lease in the State, whether for personal or
10 commercial use, for a period of six months or less;
11 (2) Any vehicle, including vans, minibuses, and buses
12 used for the purpose of transporting persons or luggage for
13 pleasure or sightseeing trips, or transporting persons to pleasure
14 or sightseeing cruises or destinations; and
15 (3) A moped as defined in section 286-2; provided that
16 the moped is rented or leased by a rental motor vehicle customer.
17 "Rental motor vehicle" does not include any vehicle that is
18 used solely for the purposes of transporting individuals to and
19 from a place of work or a public or private school or of
20 transporting persons with disabilities.
21 §171-B Climate change mitigation special fund. (a) There
22 is established in the state treasury a special fund to be known as
Page4
B . NO.
1 the climate change mitigation special fund into which shall be
2 deposited, beginning July 1, 2024:
3 (1) All fees collected' pursuant to section 171-A;
4 (2) Appropriations made by the legislature for deposit
5 into the special fund; and
6 (3) Donations and contributions made by private
7 individuals or organizations for deposit into the special fund.
8 (b) Moneys in the climate change mitigation special fund
9 shall be used by the department for:
10 (1) Climate change mitigation;
11 (2) Environmental management and planning;
12 (3) Environmental conservation;
13 (4) Management and protection of natural resources and
14 ecosystems;
15 (5) Environmental awareness and education; and
16 (6) Sustainable tourism practices. "
17 SECTION 3. In codifying the new sections added by section, 2
18 of this Act, the revisor of statutes shall substitute appropriate
19 section numbers for the letters used in designating the new
20 sections in this Act.
21 SECTION 4 . New statutory material is underscored.
22 SECTION 5. This Act shall take effect on July 1, 2050 .
23
Pages . B . NO.
1 INTRODUCED BY:
2
3 paf:kmat: 21-281a
•
Ps
COUNCIL OF THE COUNTY OF MAUI
WAILUKU, HAWAII 96793
•
•
CERTIFICATION OF ADOPTION
•
It is HEREBY CERTIFIED that RESOLUTION NO. 21-150, was adopted by the
Council of the County of Maui, State of Hawaii, on the 1st day of October, 2021, by
the following vote:
Alice L. Kean!N.W. Gabriel Natalie A. Kelly T. Michael J. Tamara A.N. Shane M. Yuki Lei K.
MEMBERS LEE RAWLINS- . JOHNSON . KAMA KING MOLINA PALTIN SINENCI SUGIMURA
Chair FERNANDEZ
Vice-Chair
ROLL CALL Aye Excused Aye Excused Aye Aye Aye Aye Aye
,>er(11)44(---
• COUNTY CLERK
Resolution
No.
APPROVING FOR INCLUSION IN THE 2022
HAWAII STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE A STATE BILL TO
PROVIDE LIMITED LIABILITY FOR COUNTY
LIFEGUARDS AND COUNTIES PROVIDING
LIFEGUARD SERVICES ON BEACHES
WHEREAS, Act 170, Session Laws of Hawaii 2007, was enacted to
provide immunity for county lifeguards and the State and county that
employed them from liability against damages arising from acts or
omissions committed while providing rescue or resuscitative actions or
other emergency lifeguard services on the beach; and
WHEREAS, Act 170 was enacted with a sunset provision to allow for
"evaluation of this measure after sufficient experience has been obtained;"
and
WHEREAS, under Act 152 (2007), Act 170 was extended until June
30, 2010, and subsequently, under Act 81 (2009), the Act was extended
until June 30, 2014, noting that Act 170 "created a climate in which
lifeguard services could be provided by the counties without fear of
liability;" and
WHEREAS, sufficient experience has shown that the liability for
exemptions for the actions of county lifeguards should be made
permanent; now, therefore,
BE IT RESOLVED by the Council of the County of Maui:
1. That the proposed State bill, attached as Exhibit "A," to
provide limited liability for county lifeguards and counties
providing lifeguard services on beaches, is approved for
inclusion in the 2022 Hawaii State Association of Counties
Legislative Package; and
2. That certified copies of this Resolution be transmitted to the
Hawaii State Association of Counties Executive Committee.
ocs:proj:hsac:fy2 022:reso:lifeguards
Exhibit"A"
. B. NO.
A BILL FOR AN ACT
RELATING TO LIFEGUARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Act 170, Session. Laws of Hawaii 2007, was
2 enacted to provide immunity for county lifeguards and the State
3 and county that employed them from liability against damages
4 arising from the acts or omissions of lifeguards while rescue,
5 resuscitative, and other lifeguard duties. Act 170 was intended
6 to provide the State and counties with qualified immunity so
7 that lifeguards can be stationed at dangerous beaches, while
8 appropriately limiting the immunity to acts or omissions
9 committed while providing rescue or resuscitative actions or
10 other emergency lifeguard services on the beach.
11 The Hawaii Tort Law Study Group was established in 1997 by
12 S.C.R. 256 to study Hawaii' s tort system. Regarding immunity,
13 the Group reported that "immunity is afforded to classes of
14 persons or entities because it is in the public' s best interests
15 to do so, " and conferring immunity upon a particular class of
16 persons is often based upon whether or not the social values
Page 2
. B. NO.
1 attached to encouraging the behavior of that group are of such
2 great importance as to merit extraordinary protection from suit.
3 Among the criteria established by the Group for reviewing
4 requests for immunity was considering that individuals engaging
5 in inherently dangerous activities need to accept personal
6 responsibility for their actions, and that the Legislature, in
7 determining whether or not to grant immunity, should weigh the
8 costs of not granting immunity to the public in public dollar
9 costs.
10 . Act 170 was enacted with a sunset provision to allow for
11 "evaluation of this measure after sufficient experience has been
12 obtained." Act 152, Session Laws of Hawaii 2007, extended the
13 Act until June 30, 2010, and Act 81, Session Laws of Hawaii
14 2009, extended the Act until June 30, 2014,. noting that Act 170
15 "created a climate in which lifeguard services could be provided
16 by the counties without fear of liability..."
17 The Legislature finds that sufficient experience has been
18 obtained to allow a determination that the liability for
19 exemptions for the actions of lifeguard should be made
20 permanent.
21 SECTION 2 . Section 663-1.5, Hawaii Revised Statutes, is
22 amended to read as follows:
Page 3
. B. NO.
1 "§663-1 .5 Exception to liability. (a) Any person
2 who in good faith renders emergency care, without
3 remuneration or expectation of remuneration, at the scene
4 of an accident or emergency to a victim of the accident
5 or emergency shall not be liable for any civil damages
6 resulting from the person' s acts or omissions, except for
7 such damages as may result from the person' s gross
8 negligence or wanton acts or omissions.
9 (b) No act or omission of any rescue team or
10 physician working in direct communication with a rescue
11 team operating in conjunction with a hospital or an
12 authorized emergency vehicle of the hospital or the State
13 or county, while attempting to resuscitate any person who
14 is in immediate danger of loss of life, shall impose any
15 liability upon the rescue team, the physicians, or the
16 owners or operators of such hospital or authorized
17 emergency vehicle, if good faith is exercised.
18 This section shall not relieve the owners or
19 operators of the hospital or authorized emergency vehicle
20 of any other duty imposed upon them by law for the
Page 4
. B. NO.
1 designation and training of members of a rescue team or
2 for any provisions regarding maintenance of equipment to
3 be used by the rescue team or any damages resulting from
4 gross negligence or wanton acts or omissions .
5 (c) Any physician or physician assistant licensed to
6 practice under the laws of this State or any other state
7 who in good faith renders emergency medical care in a
8 hospital to a person, who is in immediate danger of loss
9 of life, without remuneration or expectation of
10 remuneration, shall not be liable for any civil damages,
11 if the physician or physician assistant exercises that
12 standard of care expected of similar physicians or
13 physician assistants under similar circumstances . Any
14 physician who supervises a physician assistant providing
15 emergency medical care pursuant to this section shall not
16 be required to meet the requirements set forth in chapter
h
17 453 regarding supervising physicians .
18 (d) Any person or other entity who as a public
19 service publishes written general first aid information
20 dealing with emergency first aid treatment, without
}
Page 5
. B . NO.
1 remuneration or expectation of remuneration for providing
2 this public service, shall not be liable for any civil
3, damages resulting from the written publication of such
4 first aid information except as may result from its gross
5 negligence or wanton acts or omissions .
6 (e) Any person who in good faith, without
7 . remuneration or expectation of remuneration, attempts to
8 resuscitate a person in immediate danger of loss of life
9 when administering any automated external defibrillator,
10 regardless of where the automated external defibrillator
11 that is used is located, shall not be liable for any
12 civil damages resulting from any act or omission except
13 as may result from the person' s gross negligence or
14. wanton acts or omissions .
15 Any person, including an employer, who provides for
16 an automated external defibrillator or an automated
17 external defibrillator training program shall not be
18 vicariously liable for any civil damages resulting from
19 any act or omission of the persons or employees who, in
20 good faith and without remuneration or the expectation of
Page 6
. B . NO .
1 remuneration, attempt to resuscitate a person in
2 immediate danger of loss of life by administering an
3 automated external defibrillator, except as may result
4 from a person' s or employer' s gross negligence or wanton
5 acts or omissions .
6 (f) Any physician or physician assistant who
7 administers an automated external defibrillator program
8 without remuneration or expectation of remuneration shall
9 not be liable for any civil damages resulting from any
10 act or omission involving the use of an automated
11 external defibrillator, except as may result from the
12 physician ' s or physician assistant ' s gross negligence or
13 wanton acts or omissions .
14 (g) Any person who in good faith, without
15 remuneration or expectation of remuneration, attempts to
16 rescue a person in immediate danger of loss of life by
17 use of a rescue tube, regardless of where the rescue tube
18 that is used is located, shall not be liable for any
19 civil damages resulting from any act or omission except
Page 7
. B. NO.
1 as may result from the person' s gross negligence or
2 wanton acts or omissions .
3 The owner or operator of any premises, property, or
4 facility that is adjacent to navigable waters, where a
5 rescue tube is located shall not be liable for any civil
6 damages resulting from any act or omission relating to
7 the storage, maintenance, or use of the rescue tube .
8 (h) This section shall not relieve any person,
9 physician, physician assistant, or employer of:
10 (1) Any other duty imposed by law regarding the
11 designation and training of persons or
12 employees;
13 (2) Any other duty imposed by provisions regarding
14 the maintenance of equipment to be used for
15 resuscitation; or .
16 (3) Liability for any damages resulting from gross
17 negligence, or wanton acts or omissions .
18 (i) Any person qualified as a county lifeguard,
19 including an employing county, who renders rescue,
20 resuscitative, or other lifeguard services, without
Page 8
. B . NO.
1 remuneration or expectation of remuneration, on a beach
2 or in the ocean in the scope of employment as a county
3 lifeguard shall not be liable for any civil damages
4 resulting from the person ' s acts or omissions while
5 providing rescue, resuscitative, or other lifeguard
6 services, except- for such damages as may result from the
7 person' s gross negligence or wanton acts or omissions .
8 (j ) For the purposes of this section:
9 "Automated external defibrillator program" means an
10 appropriate training course that includes cardiopulmonary
11 resuscitation and proficiency in the use of an automated
' ll
12 external defibrillator.
13 "Good faith" includes but is not limited to a
14 reasonable opinion that the immediacy of the situation is
15 such that the rendering of care should not be postponed.
16 "Rescue team" means a special group of physicians,
17 basic life support personnel, advanced life support
18 personnel, surgeons, nurses, volunteers, or employees of
19 the owners or operators of the hospital or authorized
20 emergency vehicle who have been trained in basic or
}
Page 9
. B . Na.
1 advanced life support and have been designated by the
2 owners or operators of the hospital or authorized
3 emergency vehicle to attempt to provide such support and
4 resuscitate persons who are in immediate danger of loss
5 of life in cases of emergency.
6 "Rescue tube" means a flotation device used for water
7 rescues that helps support the victim' s and rescuer ' s
8 weight . "
9 SECTION 3 . This Act does not affect rights and
10 duties that matured, penalties that were incurred, and
11 proceedings that were begun before its effective date .
12 SECTION 4 . New statutory material is underscored.
13 SECTION 5 . This Act shall take effect upon its
14 approval .
15
16 INTRODUCED BY:
17
18 ocs:prof :hsac:fy2022 :reso:lifeguards (exhibit a)
Page 10
. B. NO.
Report Title:
County lifeguards; immunity.
Description:
Provides limited liability for county lifeguards and counties
providing lifeguard services on beaches.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
nt:
T T
r N CITY COUNCIL 2 -. 1 K
• f l' • CITY AND COUNTY OF HONOLULU No.
HONOLULU,HAWAII
S
.x: RE OLUTI N.
RELATING TO THE INCLUSION IN THE 2022 HAWAII STATE ASSOCIATION OF
COUNTIES' LEGISLATIVE PACKAGE OF A PROPOSAL THAT WOULD AUTHORIZE
THE COUNTIES TO IMPOSE ADDITIONAL FINES BEYOND THE FINES PROVIDED
BY THE STATEWIDE TRAFFIC CODE AND APPORTION THE REVENUES
COLLECTED FROM SUCH FINES TO THE COUNTIES WHERE THE VIOLATIONS
OCCURRED.
WHEREAS, the counties are responsible for the enforcement of the Statewide
Traffic Code (Chapter 291C, Hawaii Revised Statutes) and county traffic ordinances;
and
WHEREAS, despite this enforcement responsibility, all fines and forfeitures
relating to the commission of traffic violations are paid to the State of Hawaii; and
WHEREAS, the enforcement of traffic laws is a costly process for the counties
that includes personnel costs relating to the detection of violations, issuance of citations,;.
making of arrests, and the administration and adjudication of violators, as well as
equipment and various administrative costs; and
WHEREAS, the City Council finds that authorizing the counties to impose
additional fines beyond the fines provided by the Statewide Traffic Code and
apportioning the revenues collected from such fines to the counties where the violations
occurred would assist the counties in offsetting their costs for the enforcement of traffic
laws and the management of traffic safety programs; and
WHEREAS, approval by all the counties is required to include a legislative
proposal in the Hawaii State Association of Counties legislative package; now,
therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2022 Hawai'i State Association of Counties' legislative
package a proposal to authorize the counties to impose additional fines beyond the
fines provided by the Statewide Traffic Code and apportion the revenues collected from
such fines to the counties where the violations occurred as set forth in the attached
Exhibit A; and
.1.
0CS2021'-0818/9/7/2021 11:05 AM
1 i
1 ,„Hit ,
CITY COUNCIL _ 2 1 3
NI '. CITY AND COUNTY OF HONOLULU ,N®
` ,see HONOLULU,HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that a copy of this resolution be transmitted to the
President of the Hawai'i State Association of Counties.
INTRODUC BY: VI%
araftir
L
DATE OF INTRODUCTION:
2021SE' 14
Honolulu, Hawaii Councilmembers
0CS2021-0818191712021 11:05 AM
® B . NO.
A BILL FORAN ACT
RELATING TO TRAFFIC FINES.
BE IT ENACTED BY THE LEGISLATURE OF THE'-STATE OF HAWAII:
1 SECTION 1. The purpose of this Act is to enable the
2 respective counties to impose and collect fines for violations
3 of the statewide traffic code, in addition to the fines imposed
4 by the State under chapter 291C.
5 SECTION 2. Section 291C-l71, Hawaii Revised Statutes, is
6 amended to read as follows:
7 "§291C-171 Disposition of fines and forfeitures. (a) All
8 fines and forfeitures collected upon conviction or upon the
9 forfeiture of bail of any person charged with a violation of any
10 section or provision of the state traffic laws and all
11 assessments collected relating to the commission of traffic
12 infractions shall be paid to the director of finance of the
13 State[—] ; provided that each county by ordinance may impose
14 additional fines for the violation of any section or provision
15 of the state traffic laws. Within thixty days after the
16 effective date of such an ordinance, the traffic violations
17 bureau shall prepare citation forms for the police department of
18 that county showing all state and county fines. Persons
Exhibit A
Page 2
. VR
. NC).
1 receiving the citations with county fines may contest them in
2 the same manner that state fines are contested. The traffic
3 violations bureau shall collect the fines for the counties and
4. shall remit them to the respective director of budget and fiscal
5 services, or finance, of the counties on a semi-annual basis.
6 (b) In addition to any monetary assessment imposed for a
7 traffic infraction, the court may impose penalties on all
8 outstanding traffic citations and judgments. The penalties
9 shall be established pursuant to rules approved by the supreme
10 court; provided that the amounts of the penalties shall be based
11 upon a graduated scale that increases in proportion to the
12 length of the delinquency. Any interest penalty imposed as
13 provided in this section may be waived by the court for good
14 cause.- All penalties collected for such outstanding citations
15and judgments shall be paid to the director of finance of the
16 State[:] ; provided that if the county has enacted an ordinance
17 imposing an additional fine for the infraction, the director
P g
18 shall remit the •counties' share, if any, of the penalty to the
19 respective director of budget and fiscal services, or finance,
20 of the counties on a semi-annual basis. "
21
Page 3
-_. B . rJc .
1 SECTION 3. Section 291C-111 is amended by amending
2 subsection (a) to read as follows:
3 " (a) With respect to highways under their respective
4 jurisdictions, the director of transportation is authorized to
5 and the counties by ordinance may prohibit or restrict the
6 stopping, standing, or parking of vehicles where the stopping,
7 standing, or parking is dangerous to those using the highway or
8 where the stopping, standing, or parking of vehicles would
9 interfere unduly with the free movement of traffic; providfild
10 that the violation of any law or any ordinance, regardless of
whether established under this or any other section, prohibiting
P2 or restricting the stopping, standing, or parking of vehicles
- 13 shall constitute a traffic infraction. [The] Except as provided
14 in section 291C-171, the counties shall not provide any other
15 penalty, civil or criminal, or any other ctharge, in the form of
16: rental or otherwise, in place of or in addition to the fine to
17 be imposed by the district court for any violation of any
18 ordinance prohibiting or restricting the stopping, standing, or
19 parking of vehicles.
20 This section shall not be ,construed as prohibiting the
21 authority of the director of transportation or the counties to
22 allow the stopping, standing, or parking of motor vehicles at a
Page 4 e%
g kwi
_
1 "T-shaped" intersection on highways under their respective
2 jurisdictionsl provided that such stopping, standing, or parking
3 of motor vehicles is not dangerous to those using the highway or.
4 where the stopping, standing, or parking of motor vehicles would
5 not unduly interfere with the free movement of traffic.
The appropriate police department and county or prosecuting
7 attorney of the various counties shall enforce any law or
8 ordinance prohibiting or restricting the stopping, standing, or
9 parking of vehicles,, including but not limited to the issuance
10 of parking tickets,. Any person committing a violation of any law
11 or ordinance, regardless of whether established under this or
12 any other section, prohibiting or restricting the stopping,
13 standing, or parking of vehicles shall be subject to a fine to
14 be enforced and collected by the district courts of this State
15 and to be deposited into the state general fund for state use. "
16 SECTION 4 . Statutory material to be repealed is bracketed
17 and stricken. New statutory material is underscored.
18 SECTION 5. This Act shall take effect upon its approval.
19
20 INTRODUCED BY:
CITY COUNCIL
CITY AND COUNTY OF HONOLULU
HONOLULU,HAWAII
CERTIFICATE
RESOLUTION 21-213
Introduced: 09/14/21 By: TOMMY WATERS Committee: BUDGET(BUD)
RELATING TO THE INCLUSION IN THE 2022 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE
Title: OF A PROPOSAL THAT WOULD AUTHORIZE THE COUNTIES TO IMPOSE ADDITIONAL FINES BEYOND THE FINES
PROVIDED BY THE STATEWIDE TRAFFIC CODE AND APPORTION THE REVENUES COLLECTED FROM SUCH FINES
TO THE COUNTIES WHERE THE VIOLATIONS OCCURRED.
Voting Legend:*=Aye w/Reservations
09/14/21 INTRO Introduced.
09/22/21 BUD Reported out for adoption.
CR-280
6 AYES:CORDERO,ELEFANTE,KIA'AINA,SAY,TSUNEYOSHI,TUPOLA
10/06/21 CCL Committee report and Resolution were adopted.
8 AYES:CORDERO,ELEFANTE,FUKUNAGA,KIA'AINA,SAY,TULBA,TUPOLA,
WATERS
1 ABSENT:TSUNEYOSHI
I hereby certify that the above is a true record of action by the Council of the Ci d County of Honolulu on this
RESOLUTION.
41\
VOrei
GL 41' •'I,CITY CLERK TOMMY WATERS, R AND PRESIDING OFFICER
THIRTY-FIRST tgOOLAToiR ,20.2 B . NO
;$TATEOFHAWAH:
_ .
_ .
A BILL FOR AN ACT
RgLATING To 0:UN.ETZENTR
tru: Nikcjgo.iipyipw Eojskrxrugg ov,THE'.sTATtA),F,flAwAu:
SECTION The purpose of this Act is to establish June 19
of each: year as a state 'holiday, in recognition of the history
and legacy of slavery in the United States and in honor
and 'i ' ts o'f African
5 iAn," history of the, United sate4 they
,10 f0044,ttentai .t :t : . fdt ke.laktileSS: of.
7'
a SECTION Seotibb. 41.4 enabted .SectIon, 2 of Act
Laws. of. j• ,•àrneñdd to read .as
,Juinoteentb,. June 19 of e'aid:11.: year hl1 be. known
11 and. designated as .37qneteen'(...11:, commemorate the end; of slavery
12 in the United States in honor and :recognition. of the
13 significant roles and ,contributions of African poer*oans:. in the
14 history of the United t.4.440tcOntlq.. not
15 .0)4'0-444,1-nOt:-.10t-,. .064ttttd .tObta. lid4YA".
ExhibitA
•
IN
0
ReVised Státu'tès ;is
read a . follows:
!FS13-4 Holidays designated e ;f611.s5042n4 days of each
4: year. are :sets, a,part and established as. state
The first day, in. january::,.
The third.. MOnday- Iiva.;ry:, Dr. Mart4n,
Day;
8 The third Monday in February, tr0.010P,-.4t4 Day
The 04,y jciarch,i, :Prioce ;Jonah:
11 The Friday preceding Easter Sunday, Goodt Friday;',
12 The last Monday in May, Memorial Day,
131 The -,eleventh day .1King :Kainehattieha I Day,
14 711.0.410teetl*
15 The fourth :day in. July, Independence.. Day;
16 The thirdlYtiday InAugust4„. Statehoodbay
1.7 The first Monday in ',September,„ Labor Day,
18 The eleventh day in 00re040X. Veterans1 Day,
19 The fourth Thursday in November, Day,t,
20 The twenty-fifthday December, Christmas
21 All 01,00a011 days, except primary and special election
t.h coiInty A4herein the eleCtiOn
ahibitA.
NPage �1®
pro;dialtiatiob4the, P-4eSident
sicTai_tett States 'Cit-'14- the 4,OVerribt as :a bblidaY
aECTION, 4.. StanitotY ;be; Id i b.r.atketed,
4 and Ne0, Stab:it:6*, :mater:ia:i :15
5 SECTION, .5.. his. Act :shalltakeeffect upon. its ,approvel...
INTRODUCED
EichibitA
. .
..NO
ROptitt
.0.1010:t:0.0140.. 0.4y.
1.;.11.0.8.04PO4:41.41,,
atitibt,efftla ,8tate
The sünthiáxy : 4ptionf 1:6§-1014tIOzit .pé j
informational purposes only andt;to„not legislation or evidence of legislative
,44t,001t
':Ektli bit A
REVISED:
1ST DRAFT DA ` :
B . NO .
•
A BILL FOR AN ACT
COUNTY TRANSIENT ACCOMMODATIONS TAX.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1 . Section 46- , Hawaii Revised Statutes, is
amended to read as follows :
"§46- County transient accommodations tax. (a) Each
county may 'establish a transient accommodations tax [not to
cxcccd the maximum ratc act forth in 3cction 237D . 1
ordinance. . The county transient accommodations tax shall be in
addition to any state transient accommodations tax. [A county
thi3 3cction Shall do 30 by ordinancc. ]
(b) The revenues received from a transient accommodations
tax established pursuant to this section shall be used to
address the pressures of the visitor industry on the demand for
county services, including police and fire protection, parks and
recreation facilities, emergency services, water systems, roads
and transportation systems, sewage systems and other
XXX-00 (12)
Page 2
. B . No .
infrastructure; provided that impacted county services and
facilities may be further defined by ordinance.
(c) A county electing to exercise the authority granted
under this section shall notify the director of taxation within
ten days after the county has adopted the county transient
accommodations tax ordinance. Beginning no earlier than January
1, following the enactment of the ordinance, the director of
taxation shall levy, assess, collect, and otherwise administer
the county transient accommodations tax. "
SECTION 2 . Section 237D- , Hawaii Revised Statutes, is
amended to read as follows :
"§237D- County transient accommodations tax;
administration. (a) The county transient accommodations tax,
upon the adoption of a county ordinance and in accordance with
the requirements of section 46- , shall be levied, assessed,
and collected as provided in this section on all gross rental,
gross rental proceeds, and fair market rental value taxable
under this chapter. [No county shall set its tran3ient
ac.cominoda Lions Lax aL a r a Le g r eater than three per cent of all
gro33 rental, gros3 rental proceeds, and fair market rcntal
value Laable under Lhis chapter . ] With respect to the county
XXX-00 (12)
Page 3
. B . NO •
transient accommodations tax, the [applicablc county dircctor of
finance] director of taxation shall have all the rights and
powers of the director of taxation provided under this chapter.
(b) The county transient accommodations tax, if adopted,
shall be imposed on the gross rental, gross rental proceeds, and
fair market rental value of all written contracts that require
the passing on of the taxes imposed under this chapter; provided
that if the gross rental, gross rental proceeds, and fair market
rental value are received as payments beginning in the taxable
year in which the taxes become effective, on contracts entered
into prior to the adoption of the ordinance pursuant to
section 46- , and the written contracts do not provide for the
passing on of increased rates of taxes, the county transient
accommodations tax shall not be imposed on the gross rental,
gross rental proceeds, and fair market rental value covered
under the written contracts . The county transient
accommodations tax shall be imposed on the gross rental, gross
rental proceeds, and fair market rental value from all contracts
entered into on or after the adoption of the ordinance pursuant
to section 46- , regardless of whether the contract allows for
the passing on of any tax or any tax increases .
XXX-00 (12)
Page 4
. B . NO .
(c) No county transient accommodations tax shall be
established on any form of accommodation that is exempt from the
taxes imposed by this chapter pursuant to section 237D-3 .
(d) The director of taxation shall have the exclusive
rights and power to determine the county or counties in which a
person is engaged in business and, in the case of a person
engaged in business in more than one county, the director shall
determine, through apportionment or other means, that portion of
the surcharge on state tax attributable to business conducted in
each county.
(e) The director of taxation shall revise the transient
accommodations tax form to provide for the clear and separate
designation of the imposition and payment of the county
transient accommodation tax.
(f) All taxpayers who file on a fiscal year basis whose
fiscal year ends after December 31 of the year prior to the
taxable year in which the taxes become effective, shall file a
short period annual return for the period preceding January 1 of
the taxable year in which the taxes become effective. Each
fiscal year taxpayer shall also file a short period annual
return for the period starting on January 1 of the taxable year
XXX-00 (12)
Page 5
. B . NO .
in which the taxes become effective, and ending before January 1
of the following year.
(g) All county transient accommodations tax collected by
the director of taxation shall be paid into the state treasury
quarterly, within ten working days aftercollection, and shall
be placed by the director of finance in a special accounts for
each county that has adopted the tax by ordinance. Out of the
revenues generated by county transient accommodations tax paid
into each respective state treasury special account, the
director of finance shall deduct per cent of the gross
proceeds of a respective county' s transient accommodations tax
to reimburse the State for the costs of assessment, collection,
disposition, and oversight of the county transient
tax incurred
accommodationsby the State. Amounts retained
shall be general fund realizations of the State.
The amounts deducted for costs of assessment, collection,
disposition, and oversight of county transient accommodations
tax shall be withheld from payment to the counties by the State
out of the county transient accommodations tax collected for the
current calendar year.
XXX-00 (12)
Page 6
. B . NO .
For the purpose of this section, the costs of assessment,
collection, disposition, and oversight of the county transient
accommodations tax shall include any and all costs, direct or
indirect, that are deemed necessary and proper to effectivel\z
administer this chapter.
(h) After the deduction and withholding of the costs under
subsection (q) , the director of finance shall pay the remaining
balance on quarterly basis to the director of each county that
has adopted a county transient accommodations tax. The
quarterly payments shall be made after the county transient
accommodations tax have been paid into the state treasury
special accounts or after the disposition of any tax appeal, as
the case may be. All county transient accommodations tax shall
be distributed by the director of finance to the county in which
the county transient accommodations tax is generated and shall
be a general fund realization of the county. "
SECTION 3 . Statutory material to be repealed is bracketed
and stricken. New statutory material is underscored.
SECTION 4 . This Act shall take effect on January 1, 2023 .
INTRODUCED BY:
XXX-00 (12)
Page 7
. B . NO .
BY REQUEST
XXX-00 (12)
Page 8
. B . NO .
Report Title:
Description:
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
XXX-00 (12)