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HomeMy WebLinkAboutCOM 0529.000 1998-2000 • ~ ~ 1 Hawaii State Assoc~4~~d~-~ Counties Counties of Kauai, Maui anci~ ~~lii, ~it~~. ~o'u~ty of Honolulu ~p ~ V~. -0. November 3, 1999 To: James Arakaki, Chairman and Members of the Hawaii County Councii From: AI Smith, Vice President Hawaii State Association of Counties (HSAC) Subject: HSAC Executive Committee Meeting -October 22, 1999 The following highlights of the HSAC Executive Committee meeting of October 22, 1999 are hereby submitted. The Secretary's Minutes of the Executive Committee of September 24, 1999 were approved (Attached for information). The Treaswer report for the month of September 1999 was approved (Attached for information). Under Unfmished Business, the 2000 HSAC Legislative Program Policy Statement was approved. For yow recollection, the policy statement authorizes the Executive Committee to testify on proposals in the 2000 HSAC Legislative Package at the Legislature. For its 2000 HSAC Legislative Package, the Executive Committee referred a number of proposals to the counties for consideration. It is requested that the Hawaii County Council review each of these proposals and determine whether it merits inclusion in the 2000 HSAC Legislative Package (ACTION REQUESTED). I. A proposal to limit the level of liability relating to hazazdous recreational activities to which the counties aze curcently exposed. A copy of this proposal is attached as HB No. 1558. 2. A proposal to continue the limitation of liability of the State and Counties for its exposure to dangerous natural conditions on unimproved public lands including public beaches. The bill also repeals Act 190-96, which provided for limited liability on a conditional basis. A copy of this proposal is attached as SB No. 68. 3. A proposal to eliminate the duplication of state and county government services. The Legislature is awaiting the recommendations of the Governor and the Mayors pursuant to Act 223-98, HRS. A copy of a Short Form proposal is attached. 4. A proposal authorizing the counties to implement a program of disposing of abandoned or derelict vehicles, and to collect fees for such a program. A copy of this proposal is attached. 5. A proposal increasing the maximum additional fee that the counties may establish by ordinance for each additional certificate of registration for highway beautification from $2 to $5. A copy of this proposal is attached. w Qomm. No. f/• File No. HS C Ref. Date ~ 4 James Arakaki, Chairman and Members of the Hawaii County Council Page 2 November 3, 1999 6. A proposal to allow local bidders preference for county contracts. A copy of this proposal is attached. 7. A resolution urging the provision of incentives for cruise ship port facility development. A model resolution will be provided under sepazate cover. 8. A proposal to allow county liquor departments to designate a certain percentage of liquor license fees to fund education, prevention and treatment programs designed to address alcohol abuse. A copy of this proposal is attached. 9. A proposal to allow counties to impose additional fines for speeding violations, beyond those provided by the Statewide Traffic Code (Chapter 291 C, HRS) and to appropriate the revenues collected from such fines to the county where the violations occurred. A copy of this proposal is attached. 10. A proposal to provide income tax credits to offset capital expenditures for the development of water conservation facilities and devices and water storage facilities and devices. A copy of this proposal is attached. 1 L A proposal to regulate unofficial identification cazds. A copy of this proposal is attached. 12. A proposal [o give the Counties limited immunity from liability for discretionary actions. A copy of this proposal is attached as HB No. 1556. 13. A proposal to provide the counties with an equivalent protection to that afforded to private landowners when they allow public access for recreational purposes. Amendments to either Section 198D- or Section 520-2(1) HRS aze recommended. This proposal is still being drafted. 14. A proposal to provide the counties with the flexibility to implement a glass recovery program consistent with local conditions. An amendment to Section 342G-86 HRS is recommended. This proposal is still being drafted. 15. A proposal to allow the certification of additional eligibles for police recruit vacancies. A copy of this proposal is attached. 16. A proposal to authorize the counties to impose a county vehicle ad valorem tax. A copy of [his proposal is attached as HB No. 1552. In addition, the HSAC Executive Committee referred the following revenue raising proposals to the county councils for consideration and prioritization: 17. A proposal to provide a percentage of the traffic fines generated in each county shall go to that county. A copy of this proposal is attached. 18. A proposal to allocate general excise tax revenues to the counties and repeal the distribution of the transient accommodations tax (TAT) revenues to the respective counties. A copy of this proposal is attached. l9. A proposal to authorize the counties to assess a county excise tax. A copy of this proposal is attached. James Arakaki, Chairman and Members of the Hawaii County Council Page 3 November 3, 1999 20. A proposal to return transient accommodations tax county distributions to Fiscal Yeaz 1998 levels. A copy of this proposal is attached as HB No. 1515. 21. A proposal to exempt counties from paying excise tax. A copy of this proposal is attached as HB No. 1517. 22. A proposal to compensate counties for overtime costs incurred when police officers attend a trial or summons. A copy of this proposal is attached as HB No. 1523. 23. A proposal to extend the franchise tax to include the telephone company or replace the franchise tax with a gross receipts tax applicable to all utility providing companies. A copy of this proposal is attached as HB No. 1516. 24. A proposal for the return to the counties of Public Service Company Taxes collected in excess of 4%. A copy of this proposal is attached as HB No. 1514. Under Announcements, members were advised that the 1999 HSAC Mid-Yeaz Conference will be held on December 16-17, 1999 at the Sheraton Kauai Resort. With a theme of "Visioning for the New Millennium," the conference will attempt to feature presentations on Civil Service Refotm, the Future of the Hawaii Cruise Ship Industry, and New Growth for Business in Hawaii. Registration forms will be forthcoming shortly. The next meeting of the Executive Committee is scheduled for December 16, 1999 at the 1999 HSAC Mid-Yeaz Conference. Attachments: Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City 8. County of Honolulu ~ September 24, 1999 Council Committee Room f City Hall Honolulu, Hawaii I:, AL.L TO ORDER e~HSAC Executive Committee was called to order by President Rene ~ ' - ` Larisho at 11:30 a.m. The following members comprised a quorum: City and County of Honolulu: President Rene Mansho -;~;~'„~..Aa Staff AndrewSekine Staff Ann Thornock County of Hawaii: ice President AI Smith _ n. _ . Councilmember J. Curtis Tyler III 'Staff Gerald Monden - , County of Maui: Secretary:Dennis Nakamura Staff Roy=T. Hiraga County of Kauai: Alternate Billy Swairi . Staff Cyndi Ayonon ~-r ` yA~ _ II. EXECUTIVE COMMITTEE MEETING MINUTES ~,v, The minutes of the July 9, 1999, and the August 27, 1999, meetings of~the HSAC Executive Committee were approved. ` F III. REPORTS OF THE TREASURER The Treasurer's Report for the month of August 1999, was approved. IV. REPORTS OF COMMITTEES A. Executive Committee Reports No reports were received. r,.._,~ ' HSAC Executive Committee Minutes of the September 24, 1999, meeting Page 2 B. County Reports The following reports were received and placed on file: 1. From the Maui County Governmental Relations and Finance Committee, dated June 18, 1999, regarding the approval of officers as presented by the HSAC Executive Committee. 2. From the County Clerk, County of Maui, regarding the Council's support of the affirmance of the Ninth Circuit Courts of Appeals' decision in Rice V. Cayetano case. 3. From the Council Chair, County of Hawaii, regarding the endorsement of Ken Mayfield for the office of NACo Second Vice President. C. NACo Reports President Mansho noted that the two proposed resolutions relating to open access to telecommunication service and to advanced telecommunication deployment in rural areas were transmitted to the National League of Cities, the National Women's Legislators group, and to the Mayor's Conference. President Mansho added that the resolutions were favorably received, that the groups would be voting on these resolutions in the near future, and, that these organizations may include them in their national platform. President Mansho also noted that she was planning to organize a meeting with the appropriate entities to discuss the resolutions during her next trip to Washington D.C. while attending the NACo Legislative Conference in 2000. Vice President Smith indicated that he received corresporidence from the NACo President indicating that his appointment to the Public Land Committee as its Vice Chair had been confirmed. President Mansho further noted that Vice President Smith would be representing HSAC at the next WIR Conference in South Dakota. HSAC Executive Committee Minutes of the September 24, 1999, meeting Page 3 V. UNFINISHED BUSINESS A. 2000 HSAC Legislative Program Policy Statement President Mansho noted that all counties, with the exception of the City and County of Honolulu (City), have approved the policy statement. She added that the City plans to discuss the policy statement in October. B. Discussion of proposals for the 2000 HSAC Legislative Package President Mansho noted that this item was included on the agenda to provide your Committee with the opportunity to discuss proposals prior to the workshop scheduled at 1:00 p.m. with representatives from the member counties. Your Committee received draft proposals from Councilmember Tyler, from Kauai Council Chair Ronald Kouchi, from Kauai Mayor Maryanne W. Kusaka and from the County of Maui. In addition, your Committee also received information from President Mansho that included a listing of the proposals considered during the last three fiscal years along with each proposal's corresponding status. VI. NEW BUSINESS VII. COMMUNICATIONS The letter from Kenneth A. Mayfield, dated August 19, 1999, was received and placed on file. VIII. ANNOUNCEMENTS A. Alternate Swain noted that the County of Kauai had changed the date of the HSAC Mid-Year Conference from December 2-3, 1999, to December 16-17, 1999. He added that the conference would be held at the Sheraton Kauai at Poipu. B. President Mansho announced that the next meeting would be scheduled for October 22, 1999, beginning at 10:00 a.m. on Oahu. HSAC Executive Committee Minutes of the September 24, 1999, meeting Page 4 IV. ADJOURNMENT Prior to adjourning, your Committee expressed its desire to extend its appreciation to City and County of Honolulu staff Ann Thornack for taking the time to prepare a wonderful lunch for the attendees. There being no further business, the meeting was adjourned at 12:44 p.m. Very truly yours, DENNIS Y. NAKAMURA Secretary Hawaii State Association of Counties ocs: h s a c:990924 min: rlh Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City 8. County of Honolulu a' 1 ~Y ~ September 24, 1999 1 - Mayor's Conference Room, 3t0 Floor City Hall Honolulu, Hawaii I: „ CALL TO ORDER ~ ..iR, F . "..t' a~-wv.' ij~`.' ~ ~~""The HSAC Executive Committee was called to order by President Rene ` ~:l Marisho at 1:10 p.m. The following members comprised a quorum: City and County of Honolulu: President Rene Mansho ;~.~i"`"?"' Staff Andrew Sekine .t:.. Y~R Y' ' Georgina Yuen, Customer Service County of Hawaii: ; ~Vice~P~esident AI Smith ' "Councilmember J. Curtis Tyler III Richard Wurdeman, Corporation Counsel Staff Gerald Monden County of Maui: Secretary Dennis Nakamura Myles Inokuma, Executive Assistant Staff Roy T. Hiraga County of Kauai: Alternate Billy Swain Staff Cyndi Ayonon y0. ~ President Mansho noted that the meeting would be conducted iri a`more' informal manner due to the nature of the subject matter. She addeii;that the meeting would be conducted similar to a workshop and would serve `a5'a-forum for preliminary discussion of proposals that may be considered for possible inclusion in the 2000 HSAC Legislative Package. President Mansho indicated that she had developed a tentative process, and schedule, which would be as follows: (1) receive as many proposals from the counties that may be of mutual benefit to all four member counties; (2) discuss those proposals more comprehensively at the Executive Committee meeting in October; (3) refer the proposals to the counties for appropriate action; and (4) formalize the package at the Executive Committee and General Membership meetings held in conjunction with the HSAC Mid-Year Conference on Kauai. s""~. Your Committee, in addition to the proposals it received in writing, noted • - that the following proposals were discussed: _.r HSAC Executive Committee Minutes of the September 24, 1999, meeting Page 2 1. Limitation of the level of liability that the counties are current exposed to. The counties should request that it receive the same level of protection that the State currently enjoys. This "protection" would apply to sports and recreational activities, beach activities and projects involving the construction, or maintenance, of infrastructural improvements. 2. Development of a stable source of revenue. In light of the anticipated decrease in the portion of the transient accommodations tax (TAT) currently going to the counties, HSAC should consider a new source of revenue that would be more stable and would serve to facilitate long-range planning. A specific percentage of the General Excise Tax, along with the development of a mutually acceptable distribution formula to the several counties, should be incorporated into the proposal. 3. Authority to assess a county sales tax. While this proposal was offered for discussion, county representatives questioned whether a legislative body would actually establish a county sales tax even if the Legislature provided the counties with the authority to do so. In light of the comments offered, a suggestion was made, whereby, the counties could consider submitting a request to the Legislature to provide the authority to the counties to establish a sales tax. The amount of the tax, if any, would be the prerogative of each individual county. This arrangement would allow counties to implement this tax independently of one another. 4. Transfer of State and County functions. A proposal was offered to consider transferring county parks to the State in exchange for State roads. This proposal was received with some hesitation. Attendees noted that certain counties would prefer to "turn over" county roads to the State in exchange for State beach parks because of its respective inventory of each. Attendees agreed that further research on this issue was necessary. 5. Amendments to Act 164. The attendees noted the possible undesirable situations that could be created as a result of the provisions of this Act. The measure requires agencies to establish deadlines relating to the processing of permits and applications by the end of the calendar year. Failure to meet this established deadline would mean that affected applications would be approved by default. This could involve the approval of hazardous waste disposal and the licensing of prospective doctors, among other things. Attendees questioned whether this Act might actually HSAC Executive Committee Minutes of the September 24, 1999, meeting Page 3 increase the number of litigation-related activities that currently occurs. 6. Amendments to Act 160. This proposal involves public notification. Representatives from the County of Hawaii noted that approximately 40 percent of its residential population does not receive the new statewide publication that includes its County's public notices. The representatives indicated that their County Clerk has researched the matter and determined that large portions of its residents are receiving the notice the night before the meeting is scheduled. In addition, the language contained in the Act preempts the language included in the respective county charters. 7. Abandoned vehicle and highway beautification fund. A proposal was made to request that the Legislature provide the counties with the authority to increase this fee. Attendees noted that the County of Hawaii currently assesses a fee over, and above, the amount currently authorized by State law. However, representatives from other jurisdictions noted that they have been advised that the counties do not possess the authority to increase this fee. The representatives from the County of Hawaii noted that they would conduct further research on this issue. 8. Public Service Comoanv Tax. A proposal to provide a portion of the amounts derived from Public Service Company Tax to the counties was offered. Attendees noted that the tax is levied in lieu of real property tax normally assessed by the respective counties. As a result of the arrangement, the counties are not able to generate its fair share of revenues from these entities. However, the representative from the County of Hawaii indicated that the Legislature provided the counties with the authority to grant exemptions to these companies in 1997. As such, the counties could cancel these exemptions and require these companies to pay their fair share of real property taxes. Attendees agreed that more research is necessary, however, if this information is accurate, the counties could generate additional revenues. 9. Funding for maritime related infrastructure and improvements. A proposal to request funding from the Legislature to improve, or construct, maritime infrastructure primarily for cruise ship activities was offered. Representatives from the City and County of Honolulu noted that the industry is one of the few, if not the only, industry characterized by rapid growth in the State. HSAC Executive Committee Minutes of the September 24, 1999, meeting Page 4 10. Providing counties with the ability to award contracts to local bidders that includes a "areferential" local bidder provision This provision would allow the counties to select local bidders if the amount of the bid is less than a certain percentage over, and above, the bids received from bidders operating outside the county. The representative from the County of Maui noted that this authority may not be necessary. He indicated that he has been advised that the State currently utilizes the qualification-based selection procedure, which allows the State to base its selection on the qualification of the bidder and not solely on the bid amount. The process is referred to as QBS and may be allowed under current procurement laws. Attendees also noted that the Legislature would be considering amendments to current civil service laws and the counties should be prepared to take a position as soon as it determines the direction the State is headed in. President Mansho noted that the Executive Committee would continue its discussion of these proposals at its next meeting. She also requested that the proposals offered by the various entities be drafted in bill form that could be submitted to the Legislature. II. ADJOURNMENT There being no further business, the meeting was adjourned at 2:40 p.m. Very truly yours, DENNIS Y. NAKAMURA Secretary Hawaii State Association of Counties ocs: hsac:990924min2: Rh Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii,City 8.County of Honolulu October 21, 1999 The Executive Committee Members Hawaii State Association of Counties Dear Executive Committee Members: Please find enclosed the report of the Association's revenues collected and expenses paid for the fiscal period September 1 through September 30, 1999. Very truly yours, RONALD KOUCHI Treasurer, Hawaii State Association of Counties Enc. HAWAII STATE ASSOCIATION OF COUNTIES REVENUES COLLECTED AND EXPENSES PAID Fiscal Period: September 1 through September 30, 1999 FUND BALANCE AT BEDINNINO DATE $33,706.70 This Year to Period Date Budget Receipts 001 Membership Fees $27,250.00 $27,250.00 $27,000.00 010 Conference Income $0.00 $0.00 $6,000.00 030 Interest income $121.87 $289.21 $1,300.00 090 Miscellaneous $0.00 $0.00 $0.00 Total $27,371.87 $27,539.21 $34,300.00 TOTAL RECEIPTS THIS PERIOD $27,371.87 Disbursements Executive Committee 201 Travel $0.00 $0.00 $3,300.00 202 Auditing Services $0.00 $0.00 $4,750.00 203 Stationery $0.00 $0.00 $1,000.00 209 Miscellaneous $0.00 $0.00 $500.00 Special Committees 301 Travel $0.00 $0.00 $1,200.00 309 Miscellaneous $0.00 $0.00 $100.00 NACo 401 Travel $0.00 $0.00 $9,000.00 402 Promotional $0.00 $0.00 $0.00 403 Dues $0.00 $0.00 $20,075.00 409 Miscellaneous $250.00 $250.00 $250.00 WIR 501 Travel $0.00 $0.00 $3,000.00 502 Promotional $0.00 $0.00 $500.00 503 Dues $0.00 $0.00 $2,200.00 509 Miscellaneous $0.00 $0.00 $0.00 Conferences 602 FY 98-99 Mid Year $0.00 $0.00 $0.00 603 FY 98-99 Annual $0.00 $0.00 $0.00 604 FY 99-2000 Mid-Year $0.00 $0.00 $0.00 605 FY 2000-2001 Annual $0.00 $0.00 $0.00 606 FY 2000-2001 Mid Year $0.00 $0.00 $0.00 609 Miscellaneous $0.00 $0.00 $0.00 TOTAL $250.00 $250.00 $45,875.00 TOTAL EXPENSES THIS PERIOD $250.00 FUND BALANCE AT END OF PERIOD $60,828.57 HOUSE OF REPRESENTATIVES 1 1 . B . N O . l I'~ TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOR AN ACT RELATING TO LIMITED LIABILITY FOR COUNTIES. BE TT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended 2 by adding a new section to be appropriately designated and to 3 read as follows: 4 `§46- Counties' liability limited for hazardous 5 recreational activities. 6 Neither a public entity nor a public employee is liable to 7 any person who participates in a hazardous recreational activity, 8 including any person who assists the participant, or to any 9 spectator who knew or reasonably should have known that the 10 hazardous recreational activity created a substantial risk of lliniurv to himself or herself and was voluntarily in the place or 12 risk, or having the ability to do so failed to leave, for any 13 damage or iniurv to property or persons arising out of that 14 hazardous recreational activity 15 For the purposes of this section, hazardous recreational 16 activity means a recreational activity which creates a 17 substantial (as distinQUished from a minor, trivial, or 18 insignificant) risk of iniurv. 19 "Hazardous recreational activity" also means: HB LRB 99-1389 f-3 (99) I Paget H.B, nIO, I~ , 1 (1) Animal riding, including equestrian competition 2 archery, bicycle racing or iumpina, mountain bicvclina, boating 3 canoeing, diving, hang gliding, hiking, kayaking, motorized 4 vehicle racing, off-road motorcycling or four-wheel driving of 5 a~ kind, orienteering, pistol and rifle shooting, rock climbing, 6 rocketeerina, rodeo, spelunking, sky diving, sport parachuting, 7 paraglidina, body contact sports (i.e., sports in which it is 8 reasonable foreseeable that there will be rough bodily contact 9 with one or more participants), skateboarding, inline skating, 10 roller hockey, surfing, trampolinina, tree climbing, tree rope llswingina, waterskiina, white water rafting, and windsurfing. For 12 the purposes of this subdivision, "mountain bicvclina" does not 13 include riding a bicycle on paved pathways, roadways, or 14 sidewalks. 15 ~2) Anv form of diving into water from other than a diving 16 board or diving platform, or at any place or from a structure 17 where diving is prohibited and reasonable warning thereof has 18 been given. 19 In a claim by a person against a county alleging personal 20 iniurv or death that occurred when the person was participating 21 in, assisting, or observing a hazardous recreational activity on 22county-owned or controlled property, the county shall be liable 23 only if the iniurv or death occurred as a direct result of the HB LRB 99-1389 f-3 (99) Page3 H.U~ 1 VO. 1 county's• 2 LZ Failure to warn when: 3 The county had actual knowledge of a physically 4 hazardous condition, sufficient time to warn against 5 the condition, and failed to do so; and 6 ~Z When the physically hazardous condition was not known 7 to the person and would not have been known to a 8 reasonably prudent person participating, assisting, or 9 observing the same hazardous recreational activity; 10 j2Z Gross negligence, recklessness, or wilful, wanton, or 11 deliberate conduct. 12 (3) When permission to participate in the hazardous 13 recreational activity was granted by the county for a specific 14 fee. For the purposes of this paragraph, a "specific fee" does 15 not include a fee or consideration charged for a general purpose 16 such as a general park admission charge, a vehicle entry or 17 parking fee, or an administrative or group use application or 18 permit fee, as distinguished from a specific fee charged for 19 participation in the specific hazardous recreational activity out 20 of which the damage or iniurv arose. 21 Nothing in this section shall limit the liability of an 22 independent concessionaire or any person or organization other 23 than the public entity whether or not the person or organization HB LRB 99-1389 f-3 (99) Page 4 I I. L.J . I V O. lhas a contractual relationship with the public entity to use the 2 public property for iniuries or damages suffered in any case as 3 a result of the operation of a hazardous recreational activity on 4 public property by the concessionaire person or organization 5 SECTION 2. This Act does not affect rights and duties that 6 matured, penalties that were incurred, and proceedings that were 7 initiated, before its effective date. 8 SECTION 3. New statutory material is underscored. 9 SECTION 4. This Act shall take effect upon its approval. 10 11 INTRODUCED BY: BY REQUEST; JAN 2 8 1999 HB LRB 99-1389 f-3 (99) 1558' JUSTIFICATION SHEET Department: Department of the Corporation Counsel Relating to Limited Liability for Counties impose: To limit county liability for hazardous recreation activities. n9• Amendment to HRS Chapter 46, by adding a new section defining and limiting county liability for hazardous recreation activities on county-owned or controlled property. Justification: To limit counties' liabilities for hazardous recreational activities when participation in these activities hold a higher that normal risk for injury or death and when these activities may take place on county owned or controlled property. It will allow the counties to provide places for such activities to meet the public need or desire for such activities, without undue burden of liability or cost of insurance. General Fund: None Other Funds: None Other Agencies Affected: Other county departments of parks and recreation. Prior History of Proposed Bill• f-3 (99) THE SENATE t~ , B , N O , 1~V TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII JAN 211999 A BILL FOR AN ACT RELATING TO PUBLIC LAND. BE TT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The Hawaii Revised Statutes is amended by adding 2 a new chapter to be appropriately designated and to read as 3 follows: 4 "CHAPTER 5 PIIBLIC LAND LIABILITY IMMQNITY 6 ~ -1 Defiaitions. As used in this chapter: 7 "Government" means any unit of government in this State, 8 including any county or combination of counties, any department, 9 agency, institution, board, commission, district, council, 10 bureau, office, governing authority, or other instrumentality of llstate or county government, or any corporation or other 12 establishment owned, operated, or managed by or on behalf of this 13 State or any county. - 14 "Public beach" means beaches and shoreline fronting either a 15 public beach park or a public beach right-of-way or access way, 16 and includes any public beach right-of-way or access way. For 17 purposes of this definition, a public beach right-of-way or 18 access way does not include any public street or highway. 19 S -2 Natural condition of unimproved public land. SB LRB 99-0884 Page t S. B, N O. 1 Neither a government nor a government officer nor an employee 2 shall be liable for an injury caused by a natural condition of 3 any unimproved public land, including but not limited to any 4 natural condition of any lake, stream, bay, river, or public 5 beach. 6 8 -3 Public beach; natural condition of unia~roved land 7 notwithstanding public safety services; application. (a) Public 8 beaches shall be deemed to be in a natural condition and 9 unimproved, notwithstanding the provision or absence of public 10 services such as lifeguards, police or sheriff patrols, medical llservices, fire protection services, or beach cleanup services, 12 and notwithstanding the existence or absence of seawalls, 13 revetments, groins, or other shore protection structures, or 14 signs. 15 (b) Nothing in this chapter shall be construed to immunize 16 the government from liability for negligent performance of rescue 17 services." 18 SECTION 2. Act 190, Session Laws of Hawaii 1996, is 19 repealed. 20 SECTION 3. This Act does not affect rights and duties that 2l matured, penalties that were incurred, and proceedings that were 22 begun, before its effective date. SB LRB 99-0884 Page 3 C~ , ~ , 1~ I O . 1 SECTION 4. This Act shall take effect upo its approval. 2 3 INTRODUCED BY: By Request SB LRB 99-0884 REPORT TITLE: Public Lands; Liability DESCRIPTION: Declares that the government is not liable for accidents and injuries occurring on unimproved public land. Repeals Act 190, SLH 1996. SB LRB 99-0884 . B. NO. A BILL FOR AN ACT RELATING TO DUPLICATION OF GOVERNMENT SERVICES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The purpose of this Act is to implement the recommendations of the final report of the Governor and mayors of the counties, submitted pursuant to Act 223, Session Laws of Hawaii 1998, with respect to eliminating duplication of government services at the state and county levels. SECTION 2. The Hawaii Revised Statutes is amended to conform to the purpose of this Act. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: OCS/HO:~ DL'PLIC:.T.B99 NOV-0~-1999 TUE t'~2~44 PM COY OLERK OFFICE FRX N0. 808 2416349 P. 07/16 TWENTY-FIRST LEGISLATURE, ?000 STATE OF HAWAII A BILL p'OR AN ACT RELATING TO ABANbONED MOTOR VEHICLF,S. BF IT F,NA.CTEb 13Y THF. LEGISLATURE OF THE STATE OF IiAWA1I: SEC'T'ION 1. Section Q6-1.5, Hawaii Revised Statutes, is amended to read as follows: "§46.1.5 General powers and limitation of the cowrtias. Subject to general law, each county shall have the following powers and shall be subject to tha following liabilities and limitations: (1) Each county shall have the power to frame and adopt a charger for its own self- bovamment, which. sball establish the county executive, administrative, and legislative, structure and organization, inctuding, but not Limited to, the method of appointment or election of officials, their duties, responsibilities, and compensation, and the terms of their office. (2) Each county shall have the power to provide fur and regulate the marking and lighting of all buildings and other structures that may be obstructions or hazards to aerial navigation, so far as may be. necessary or proper for the protection and safi:guarding of life, health, and property. (3) Each county shall have the. power to enforce all claims on behalf of the county and approve all lawful claims against the wunty, but shall be prohibited from entering into, granting, or making iu any manner any contract, authorization, allowance payment, or liability contrary to the provisions of any county charter or general law. PdC'J-C2-199 TiIE 02.49 PM COK CLERK OFFICE FAX N0. 808 2416349 P. 08/16 (4) Each county shall have the power to make contracts :urd to du all things necessary and proper to carry into execution all powers vested in the county or any caunty officer. {S) Each county shall havz the, power to maintain channels, whether naturrl or artificial, including their exits to the acean, in suitable condition to carry off stornt waters; and to remove from the channels, and from die shores and beaches, any debris that is likely to create an uns~mitary aanditian or become a public nuisance; provided that, to the extent any of the foregoing work is a private responsibility, the responsibility ntay be enforced by dre cotmty in lieu of the work being done at public expense. Catmties also shall have the power to construct, acquire by gift, purchase, or by the exercise of eminent domain, reconstruct, irnprove, hetter, extend, and maintain projects or undertakings for the control of and protection against floacls and flood waters, including the power to drain and rehabilitatz lands aheady flooded, and to enact zoning ordinances providing that lands deemed subject to seasonable, periodic, or occasional flooding shall eat be used for residence or other purl~oszs in a manner as to endanger the health or safety of tltc occupants thereof, as required by the Fcdcral Flood Insurance Act of 1)56 (chapter 1025, Public Law 1016). (6) Each county shall have the power to exercise the power of condenmation by eminent domain w)tzn it is in the public interest to do so. (7) Each county shall have the power to exercise regulatory powers overs busipess activity as are assigned to them by chapter 445 or other general law, (8) Each county shall have the power to fix the fees and charges for all official services not otherwise provided far. NOV-02-1999 TUE 0.45 PM COK OLERK OFFICE FRX N0. 808 2416349 P, 09/16 (9) Each county shall have the tower to provide. by ordinance fur the improvement or maintenance assessments of districts within the county. (10) Except as otherwise provided, uu county shall have the power to give or loan credit to, and or in aid of, any person or corporation, directly or indirectly, except for a public purpose. (11) Where not within the jurisdiction of the public utilities commission, each county shall have the power to regulate by ordinance tha operation of motor vehicle common carriers tratrsporting passengers within the county and adopt and amend rules the cotmty deems necessary for the public convenience and necessity. (12) Each county shall have the power ro enact and enforce ordinances necessary to prevent or summarily removz public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unnccupicil lots, and in these connections, to impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the owners fail, after reasonable notice, to comply with the ordinances. The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to catch county's respective circumstances. The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property, (13) Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its itrktabitatrts on any subject or matter not inconsistent with, or tending to defeat, NOi%-0?-1999 TUE U2~45 PM COK CLERK OFFICE FAX N0. 808 2416349 P, 10/16 the intent of any state statute, provided also that the statute does not disdnse atr express or implied intent that the statute shall be exclusive or uniform throughout the State. (14) Each county shall have the. power to make and enforce within the limits of the county all necessary ordinances covering: all local police matters; all matters of sanitation; all matters of inspcctiun of buildings; all rnatters of condemnation of unsafe stntctures, plumbing, sewers, dairies, milk, fish, and morgues; all matters of the collection and disposition of rubbish and garbage; and to provide exemptions for homeless facilities and any other program for the homeless authorized by chapter 201G, for all matters under this paragraph; and to appoint county physicians :md sanitary and other inspectors as necessary to carry into effect ordinances made under this paragraph, who shall have [he same power as given by law to agents of the department of health, subject only to limitations placed on them by the terms and conditions of their appointments; and to fix a penalty for the violation of any ordinance, which penalty may be a misdemeanor, petty misdemeanor, or violation as` defined by general law. (15) Each county shall have the power to provide public pounds, to regulate the impounding of stray animals and fowl, and their disposition, and to provide for the appointment, powers, duties, and fees of animal control officers. (16) Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined botmdaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require, except that: any property held far school purposes may not be disposed of without the consent of the superintendent of education; no NOV-02-1999 TUE 02 46 PM OOK CLERK OFFICE FAX N0. 808 2416349 P, 11/16 property bordering the ocean shall be sold or otherwise. disposed vF; and all proceeds frotn the. sale of park lands shall be expended only fot the acquisition of property fur park or recreational purposes. (17) )each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State. (18) Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of community promotion and public celrbratious, the entertainment of distinguished persons as may from time to time visit the county, for the encrtainment of other distinguished persons as well as puhlic officials when deemed to be in the. best interest of the community, an l the rendering of civic tribute to individuals who, by virhte of their accomplishments and community service, merit civic commendations, recognition, or rentembrancc. (19) Each county shall have the power to; (A) Construct, purchase, take on lease, lease, sublease, or in any other mannez acquire, manage, maintain, or dispose of buildings for county purposes, sewers, sewer systems, pumping stations, waterworks, including reservoirs, wells, pipelines, and other conduits for distributing water to the public, lighting plants, and apparatus and appliances for lighting streets and public buildings and manage, regulate, and control the same; (B) Regulate and control the location and quality of all appliances necessary to the furnishing of water, heat, light, power, telephonic., and telegraphic service to the county; NC'1-02-1999 TUE 02;46 PM COK CLERK OFFICE FRX NC, 808 2416349 P, 12/16 (C) Acquire, regulate, and control any and all appliances For the sprinkling and cleaning of the streets and the public ways and for flushing the sewers; and (D) Open, close, construct, or maintain county highways or charge toll on county highways; provided that all revenues received from a toll charge shall be used for the construction or maintenance of county highways. (20) Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance, (21) Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of suxession of county officials in the event of a military or civil disaster, (22) Each county shall have the power to sue and be sued in its corporate name. (23) Each county shall have the power to establish and maintain waterworks and sewer works; to collect rates for water supplied to consumers and for the use of sewers; to install water meters whenever deemed expedient; provided that owners of premises having vested 'water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises; to take over from the State existing waterworks systems, including water rights, pipelines, and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop, and improve the same. (24) (A) Each county may impose civil fines, in addition to crirninal penalties, for any violation of county ordinances or rules after reasonable notice and requests to correct or cease the violation have been made upon the violator. Any administratively imposed civil fine shall not be collected NOV-02-1999 TUE (~2~46 PM COK CLERK OFFICE FRX NQ 808 2416349 P, 13/16 until after an opportunity for a hearing under chapter 91. Any appeal shall be filed within thirty days from the date of the final written decision. These pracecdings shall nut be a prerequisite for any civil fate or Injunctive relief ordered by the circuit court. (B) Each county by ordinance may provide for the addition of any unpaid civil fines, ordered by any court of competent jurisdiction, to any taxes, fees, ar charges, with the exception of fees or charges for water for residential use and sewer charges collected by the county. Each county by ordinance may also pravidc for the additian of any unpaid administratively imposed civil fines, which remain due after all judicial review rights under section 91-14 are exhausted, to any taxes, fees, or charges, with the exception of water far residential use and sewer charges, collected by the crnmty. The ordinance shall specify the administrative procedures fur tha addition of the unpaid civil fines to the eligible taxes, fees, or charges and may require hearings or other proceedings. After the unpaid civil fines arc added to the taxes, fees, or charges as specified by county ordinance, the unpaid civil Fines shall be deemed immediately due, owing and delinquent and may be callected in the same manner as the taxes, fees, or charges. The procedure far collection of unpaid civil fines authorised in this paragraph shall be ut addition to any other procedures for collection available to the State and county by law or rules of the courts. (C) Each county may impose civil fines upon any person who places grafCti on any real ar personal property owned, managed, or maintained by dte county, The fine may be up to $1,000 or may be equal to dte actual coat N~JV-S2-1999 '''UE i~~~47 PM COK CLERK OFFICE FAX N0. 808 2416349 P, 14/16 of having the damaged property repaired or replaced. The parent or guardian having custody of a minor who places graffiti on any real or personal property owned, managed, or maintained by the county shall be juindy and severally liable with the minor for any civil fines intposed hereunder. Any such fine may be administratively imposed after an opportunity for a hearing under chapter 91, but such a proceeding shall not be a prerequisite for any civil fine ordered by any court. As used in this subparagraph, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type 9ntentionally crzated by paint, ink, chalk, dye, or similar substances. (D) At the completion of an appeal in which the county's enforcement action is affirmed and upon correction of the violation if requested by the violator, the case, will be reviewed by the county agency that imposed thz civil fines to deterntine the appropriateness of the amount of the civil fines that accrued while the appeal proceedings were pending. In its rzvic~v oC the amount of the accrued fines, the county agency may consider the following; nature and egregiousness of the violation, duration of the violation, number of recurring and other similar violations, effort taken by the violator to corrzct the violation, degree of involvement in causing or continuing the. violations, reasons for any delay in the completion of the appeal, and other extznuating circumstances, The civil fine which is imposed by administrative order after this review is completzd and the violation is corrected 9s subject to only judicial review, notwithstanding any provisions for administrative review in county charters. h101~-0~-1999 TUE (~2~47 PM COK CLERK OFFICE FRK N0. 808 2416349 P, 15/16 (E) After completion of a review of the amount of accnred civil fine by the county agency which imposed the fine, the amount of the civil fine determined appropriate, including both thevtitia] civil fine and any accrued daily civil fine, shall immediately become due and collectible following reasonable notice to the violator, If no review of the accrued civil fine is requested, the amount of the civil fine, not to exceed the total accrual of civil fine prior to correcting the violation, shall immediately become due and collectible following reasonable notice to the violator, at the completion of all appeal proceedings. (F) If no county agency exists to conduct appeal proceedings for a particular civil fine action taken by the county, then one shall be established by ordinance before the county shall impose that civil fine. (2S) Any law to the contrary notwithstanding, any county mayor may exempt by executive order donors, provider agencies, homeless facilities, and any other program for the homeless under chapter 2010 from real property taxes, water and sewer development fees, rites collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate and grant the exemptions granted by this paragraph. LFJ Each county shall have the Hower to enact any ordinance to assess fees and fines neeessar t~ o itttplement a pro~.ram of ~li~osin~of abandoned or derelict yChicles." SECT[ON 2. Section 286-51, Hawaii Revised Statutes, is amended by amending subsection (h; to read as follows: IJG:'-0?-1J99 T~JE `.12~4~ PM CCK CLERK OFFICE FRX N0. 808 2416349 P, 16/16 "(b) This part shall he administered by the director of finance in conjunction with the requirement; of sections 249-1 to 249-13 and shall entail no additional expense or charge to the person registering the ownership of a motor vehicle other than as provided by the section or by other taws; _arovided that for each naw certificate of ownership issued by the director of finance under section 286•S2, the director of finance may ehtrrge a fee which shall be deposited in the general font . The fees charged to issue a new certificate of ownership shall he established by the county's legislative body. Notwithstanding any other ]aw to the. contrary, an additional fee of not more than $1 for each certific ate of registration for a u-drive motor vehicle and $2 for each certificate of registration •or all other motor vehicles may be established by ordinaucc and collected annually by the direc or of 13nar,cc of each courtly, to b~• used and administered by each county for the purpose of teautification and other related activities of highways under the ownership, control, and jurisdiction of each county, and to defray the additional cost in the disposition and other related activ tics of abandrnted or derelict vehicles as prescribed in chapter 290. The moneys so assessed ant coliceted shall be placed in a revolving fund entitled, "the highway beautification and disposal of abandoned vehicles revolving fund". SEC"'lON Statutory material to be repealed is bracketed. New statutory material is underscored. S)~C"ION A, This Act shall take effect upon its approval, h?OV-02-1999 TUE Oc~4'~ PM OOK CLERK QFFI?E FAX N0, 8~8 2416349 P, 114/16 JUSTIFICATION SHEET PROPOSER: County of Kauai (for HSAC and County Legislative Packages) TITLE: RELATING TO MOTOR VEHICLES PURPOSF, To authorize tha counties by ordinance to implement a program of disposing abandoned or derelict vehicles, and to collect fees for such a progratn. M>~ANS: Amends Chapter 4fi-1.5(26) and Chapter 286-51(h), Hawaii Revised Statutes. JUSTIFICe~TION: The counties need additional revenue to fund the disposal of abandoned vehicles. Current State law states that upon filing a certificate of registration, the maximum highway beautification fee to be collected by the counties is ?dollars. The State law is presently the authority in assessing the fee, however, the average cost to dispose of a vehicle is in far excess. The counties are burdened with the high costs associated with abandoned ar derelict vehicle disposal, especially the neighbor islands. By making car owners pay a fee at the titnc of registration, the counties have some revenue to clear many roadways. N0~~~02-]999 TUE G2~43 Fly COK CLERK OFFICE FRX N0, 808 2416349 P. 02!16 TWENTY-I+IRST LEGISLATURE, 2000 STATE OP HAWAiI A BILL FOR AN ACT RELATING TO ABANDONED MOTOR VEHICLES. RF, IT El~ir'~CTED BY THE LF,C=ISLATURE OF THE STATE OF IIAWAll: SECTION 1. Sectian 286-51, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows; "(b) This part shall be adrninistered by the. director of finance. in conjunctian with the requirements of sectians 249-1 to 249-13 and shall entail uo additional expense or charge. to the person registering the awnership of a motor vehicle other than as provided Iiy this section or by ocher laws; provided that for each new certificate. of ownership issued by the director of finance. tinder section 286-52, the director of finance tray charge a fee which shall he deposited in the. genera] Fund. The fees charged to issue a new certificate of ownership shall be established by the county's legis]ative body. Not,vithstanding any other law to the. contrary, an additional fcc of not more than $1 fur each eertiFirate of registratian for a u-drive motor vehicle and ($2] 45 for each certificate of registratian far all ather motor vehicles may be established by ordinance and collected annually by the direutar of finance of each county, to be used an administered by each county for tha purpose of ~eautilication and other related activities of highways under the ownership, control, and jurisdiction of each county, and to defray the additional cost in the disposition and other related acti~~ities of abandoned vehicles as prescribed in chapter 290. The moneys so assessed and collected shall be placed in a revolving fitnd entitled, 'the highwayy beautification and disposal of abandorned vehicles revolving fund'." PI~V-02-1999 TUE 02:43 PM GOK CLERK OFFICE FA}{ N0. 808 2416348 P, 03/16 SEC'CION 2. Statutory material to be repealed is bracketed. New statutory material is undcrscor~d. SEC'CION 3, This Act shall take effect upon its approval. 1~;~~'d-0~-1999 iUE (i2~4? PM COK CLERK OFF'I(~. FAX Nb. 808 2416349 F, [1/16 JUSTIFICATION SHEET PROPOSE [t: County of Kauai (for HSAC and County Legislative Packages) TITLE: RELATING TO ABANDONED MOTOR VEHICLES PURPOSE: Increases the rnaximurn additional fee that the counties may establish by ordinance for each additional certificate of registration for highway beautification from 2 dollars to 5 dollars. Exempts a-drive motor vehicles from the additiwtal fee. The additional revenue could then be used to furxl the disposal of abandoned vehicles. MEANS: Amends Chapter 256-51(h), Hawaii Revised Statutes. JUSTIFIC~\TION; The counties need additional revenue to fund the disposal of abandoned vehicles. Current State ]aw states that upon filing a certificate of registration, the maximum highway beautification fee to be collected by the counties i.s 2 dollars. Hawaii needs to maintain its image as a beautiful state and this is possible by keeping its roadways and highways clean and free of abandoned cars. By making car owners pay a small fee at the time of registration, the counties have some revenue to clear many roadways. A further increase of $3 is still a small price to pay fur the overall benefit to the environment. The aathoriry to assess up to $S for each certificate of registration would generate much ucccled funds to help defray the costs associated with abandoned vehicle disposal. The average cost to dispose of a vehicle is approximately $765 (inclusive of processing, towing, etc.}. post•it~ Fax Note 7671 p~'~° t t ~G{ pa°ges~ t T° /r'!e~u~) 11tit From A Co./CMpI. ~:.CA CA.~ Go. O . Phone it Phone q Faxk .P.UlS~`~ ~ ~ x'J ..i.1t!? .A-,f)p l..~~ ~/f~ 21~.rK'GJ ('~q-~ ~1 - 'Dl~b'2t~. TWENTY-FIRST LEGISLATURE, 2000 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PREFERENCE TO BIDDERS ON COUNTY CONTRACTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Section 103D-1007, Hawaii Revised Statutes, is amended by adding a new subsection (g) to read as follows: "(a) The requirements in this section are in addition to any other applicable requirements provided in this chapter. (b) The preference in this section may not be utilized in combination with any other preference otherwise available to a bidder under state or federal law. (c) In any contract for a public works project, a State agency shall award the contract to a bidder who has filed State of Hawaii employment, general excise, and income tax returns and has paid all amounts owing on such returns for four successive years prior to submitting the bid; provided that the amount of that bid is not more than fifteen per cent higher than the amount bid by any competing contractor who has not filed or paid State of Hawaii taxes as specified, and the amount of the bid by the State tax paying bidder is $5,000,000 or less. (d) In any contract for a public works project, a State agency shall award the contract to a bidder who has filed State of Hawaii employment, general excise, and income tax returns and has paid all amounts owing on such returns for eight successive years prior to submitting the bid; provided that the amount of that bid is not more than fifteen per cent higher than the amount bid by any competing contractor who has not filed or paid State of Hawaii taxes as specified, and the amount of the bid by the State tax paying bidder is more than $5,000,000. (e) If two or more contractors who have paid State and county taxes or were required to submit a filing regarding State and county taxes are bidding on a public works contract, and those contractors meet the criteria outlined in subsection (c) or (d), the State agency shall award the contract to the contractor among them who has submitted the lowest bid. (f) If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public works project because of preference awarded by this section, this section shall not apply insofar as its application would preclude or reduce federal assistance for that work. ~ Anv county by ordinance ma~adopt a preference for bidders on county public works projects similar to the provisions in this section." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. JUSTIFICATION SHEET PROPOSER: County of Kauai (for HSAC and County Legislative Packages) TITLE: RELATING TO PREFERENCE TO BIDDERS ON COUNTY CONTRACTS PURPOSE: To authorize the counties by ordinance to give a 15% preference for county public works projects to local bidders who have successfully paid their applicable State taxes, identical to those provisions of the State granting preference to certain bidders on State public works projects. MEANS: Amends Chapter 103D-1007 by adding a new subsection (g), Hawaii Revised Statutes. JUSTIFICATION: Allows the counties, by ordinance, to adopt a similar preference as the State. The State preference for State public works projects is presently 15%. If the bid is $5,000,000 or less, the 15% preference is given to bidders who have filed and paid Hawaii tax returns for four (4) successive years prior to submitting the bid. If the bid is more than $5,000,000, the 15% preference is given to bidders who have £led and paid Hawaii tax returns for eight (8) successive years prior to submitting the bid. A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. SECTION 281-17, Hawaii Revised Statutes, is amended to read as follows: 281-17. Jurisdiction and powers. The liquor commission, within its own county, shall have the sole jurisdiction, power, authority, and discretion, subject only to this chapter: (1) To grant, refuse, suspend, and revoke any licenses for the manufacture, importation, and sale of liquors; (2) To take appropriate action against a person who, directly or indirectly, manufactures or sells any liquor without being authorized pursuant to this chapter; (3) To control, supervise, and regulate the manufacture, importation, and sale of liquors by investigation, enforcement, alcohol abuse treatment, prevention, and education; provided that any alcohol abuse treatment. prevention, or educational program shall be [limited to licensees and their employees and shall be) financed through the money collected from the assessment of fines against licensees and licensee fees; (4) From time to time to make, amend, and repeal such rules. not inconsistent with this chapter, as in the judgment of the commission seem appropriate for carrying out this chapter and for the efficient administration thereof, and the proper conduct of the business of all licensees, including every matter or thing required to be done or which may be done with the approval or consent or by order or under the direction or supervision of or as prescribed by the commission; which rules, when adopted as provided in chapter 91 shall have the force and effect of law; (5) Subject to chapters 76 and 77, to appoint and remove an administrator, who may also be appointed an investigator and who shall be responsible for the operations and activities of the staff. The administrator may hire and remove hearing officers, investigators, and clerical or other assistants as its business may from time to time require, to prescribe their duties, and fix their compensation; to engage the services of experts and persons engaged in the practice of a profession, if deemed expedient. Every investigator, within the scope of the investigators duties, shall have the powers of a police officer. No employee of any commission, aside from exercising the right to vote, shall support, advocate, or aid in the election or defeat of any candidate for public office, and upon satisfactory proof of such prohibited activity the offender shall be summarily dismissed; (6)~To limit the number of licenses of any class or kind within the county, or the number of licenses of any class or kind to do business in any given locality, when ih the judgment of the commission such limitations are in the public interest; -2- (7) To prescribe the nature of the proof to be furnished, the notices to be given, and the conditions to be met or observed in case of the issuance of a duplicate license in place of one alleged to have been lost or destroyed, including a requirement of any indemnity deemed appropriate to the case; (8) To fix the hours between which licensed premises of any class or classes may regularly be open for the transaction of business, which shall be uniform throughout the county as to each class respectively; (9) To prescribe all forms to be used for the purposes of this chapter not otherwise provided for in this chapter, and the character and manner of keeping of books, records, and accounts to be kept by licensees in any matter pertaining to their business; (10) To investigate violations of this chapter, chapter 244D and, notwithstanding any law to the contrary, violations of the applicable Department of Health's allowable noise levels, through its investigators or otherwise, to include covert operations, and to report such violations to the prosecuting officer for prosecution and, where appropriate, the director of taxation to hear and determine complaints against any licensee; (11) To prescribe, by rule, the terms, conditions, and circumstances under which persons or any class of persons may be employed by holders of dispensers' and cabaret licenses; (12) To prescribe, by rule, the term of any license or solicitor's and representative's permit authorized by this chapter, the annual or prorated amount and the manner of payment of fees for such licenses and permits, and the amount of filing fees; (13) To prescribe, by rule, the circumstances and penalty for the unauthorized manufacturing or selling of any liquor. -3- Subject only to this chapter, the commission and each member thereof shall have the same powers respecting the administering of oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining the witnesses as are possessed by a circuit court, except that the commission and each member thereof shall not be bound by the strict legal rules of evidence. In addition, the commission shall have the power to require the production of, and to examine any books, papers, and records of any licensee which may pertain to the licensee's business under the license or which may pertain to a matter at a hearing before the commission or to an investigation by the commission. The exercise by the commission of the power, authority, and discretion vested in it pursuant to this chapter shall be final and shall not be reviewable by or appealable to any court or tribunal, except as otherwise provided in this chapter or chapter 91." SECTION 2. Section 281-17.5, Hawaii Revised Statutes, is amended to read as follows: 281-17.5. Fees; justified, method of change, limitation. (a) Any liquor license fee or any increase in an existing liquor license fee sought to be implemented by any commission shall have, as its justification, a direct and proportionate relationship to costs and expenses of the commission in its control, supervision, or regulation of the manufacture, importation, and sale of liquors, or otherwise directly relate to actual costs and expenses of administration of the commission as is set forth in this chapter. -4- (b) Any such liquor license fees or any moneys collected or received by any liquor commission under this chapter may only be used for alcohol abuse education prevention and treatment proorams and costs and expenses directly relating to operational and administrative costs actually incurred by the liquor commission collecting or receiving such liquor license fees or moneys. (Such fees or moneys shall not be used for any costs or expenses other than those directly relating to its operation and administration.] (c) Any increase in the liquor license fee structure shall only be initiated by the liquor commission seeking the change with the approval of the county's legislative body and mayor. (d) Any liquor commission seeking a change in liquor license fee structure shall notify all licensees under this chapter affected by the change of the proposed change and shall notify each such licensee of the outcome and resolution of the change. (e) Any liquor commission which currently receives a license fee from a licensee in excess of the amount prescribed by this section shall immediately revise its liquor license fee structure to conform with the requirements of this section. Any funds in excess of twenty per cent of the commission's current budget shall be returned or credited annually to existing licensees." SECTION 3. Statutory material to be repealed is bracketed. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. paf: rkk:98-021 a -5- s JUSTIFICATION SHEET PROPOSER: County of Maui - Councilmember Charmaine Tavares (for HSAC and County Legislative Packages) TITLE: RELATING TO REVENUES FROM LIQUOR LICENSE FEES PURPOSE: To allow county liquor departments to designate a certain percentage of liquor-license fees to fund education, prevention, and treatment programs designed to address alcohol abuse. MEANS: Amend Chapter 261, Hawaii Revised Statutes. JUSTIFICATION: Alcohol-related revenues should be used to advance long- term solutions to alcohol abuse. Current State law requires that revenues from liquor licenses and fees be used solely for the operations of the counties' respective liquor commissions. Considering the dire need for alcohol-related social services in communities throughout Hawai-i, it seems appropriate to use alcohol-related revenues to partially fund such programs. The prevention of alcohol abuse is obviously an important public need. It is appropriate that revenues that come from the liquor licensees-those who profit from alcohol use-be allocated to programs designed to prevent and treat alcohol abuse. This proposal is consistent with the view that revenues from liquor-license fees should be earmarked for liquor-related purposes; the proposal would merely allow the revenues to be used for prevention and treatment programs, in addition to liquor-law enforcement measures. Ultimately, if alcohol-abuse programs are adequately funded, there will be lessened need for enforcement. • paf:99-239a:dmr r Pane 2 of 1052 HOUSE OF REPRESENTATIVES H.B. NO. H. J, TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOR AN ACT RELATING TO GOVERNMENT. 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 section to be appropriately designated 3 and to read as follows: 4 "~291C- Transmittal o! traffic fines and forfeituraa to 5 county. (a) For the yurposes of this section: 6 "Traffic infractions" means the same as defined under 7 section 291D-2. 8 "Uncontested tsaftic infraction" means a traffic infraction 9 for which the person noticed under section 291D-5 does not 10 contest the infraction. A person does not_conteat an infraction 11 if in accordance xith section 291D-6(b)(1), th~mraon admits 12 the commission of tho infraction xithout reweatina a heazina to 13 explain mitiaatina circumstances and pays or ramita bail 14 forfeiture by mail xithin thirty days. 15 {b) The state director of finance shall transmit to each 16 county not more than thirty days after the end of each fiscal Pa¢e3o~: 17 quarter, fifty Der cent of all the fines and forfeitures 18 collected for uncontested traffic infractions committed in that 19 county, «hich are in excess o£ amounts rewired by the State to 20 pay the administrative costs of the traffic violations bureau. Page 2 1052 H.B. NO. H.D. 1 1 (c) Thia section shall not apply to: 2 ~ Fines and forfeitures for violation that occur on state 3 off-street Darkina facilities, Darks, airports, and 4 harbors that are subiect to entorcement by the State; 5 and 6 ~ Fines and forfeiture• that are rewired by la« to be 7 paid into a special revolving, or trust fund. 8 No county shall be entitled to env portion of the fines and 9 forfeitures described in this subsection." 10 SECTION 2. Section 291C-171, Ha«aii Revised Statutes, is 11 amended by amendiaq subsection (a) to read as follo«s: 12 "(a) 1?11 fines sad forfeitures collected upon conviction oz 13 upon the lorfeiture of bail of any person charged «ith a 14 violation of any section or provision of the state traffic la«s 15 and all assessments collected relating to the commission of 16 traffic infractions shall be paid to the director of finance of 17 the State. The iudiciarv shall identify those uncontested fines http://www.capitol.hawaii.goy/session1999/bills/hb1052_hdl_htm 9/13 99 Pa¢e -t of 18 a~ defined in 291C- The disposition of fines and forfeitures 19 paid to the state director of finance ahall be subiect to section 20 291C- Page 3 1052 H.B. NO. H.D. 1 1 SECTION 3. Statutory material to be repealed is bracketed. 2 New •tatutory material is underscored. 3 SECTION This Act shall take effect on July 1, 1999; provided that fines collected pursuant to section 1 of this Act 5 shall apply to collections beginning July 1, 1999. htm://www.caDitol.hawaii.¢ov/session1999/bi115fib1052 hdl .htm q~l i oc JUSTIFICATION SHEET PROPOSER: County of Maui Councilmember harmaine Tavares (For HSA C and County Legislative Packages) TITLE: RELATING TO REVENUES FROM FINES FOR MOTOR VEHICLE VIOLATIONS PURPOSE: To authorize the counties to impose additional fines for speeding violations, beyond those provided by the Statewide Traffic Code (Chapter 291 C, Hawaii Revised Statutes), and to apportion the revenues collected from such fines to the county where the violations occurred. MEANS: Amend Chapter 291 C, Hawaii Revised Statutes. JUSTIFICATION: While the counties are responsible for the enforcement of the Statewide Traffic Code and county traffic ordinances, the fines, forfeitures and assessments relating to the commission of traffic violations are paid to the State. The counties do not receive proportionate shares of this reven~:e. The counties should be authorized to impose additional fines, beyond the fines provided by the Statewide Traffic Code, for speeding violations. The revenue collected from these fines should be returned to the county where the speeding violations occurred, in order to finance county traffic control improvements, such as speed humps. A similar measure, House Bill No. 1052, was introduced during the 1999 Legislative Session. This bill would have returned 50 percent of the fines collected for uncontested traffic and parking infractions to the county where the infractions occurred. A copy of House Bill No. 1052, House Draft 1, is attached. pat99-090b:mnc Attachment Pace ~ of 689 HOUSE OF REPRESENTATIVES H.B. NO. TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOR AN ACT RELATING TO TAX CREDITS FOR WATER CONSERVATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The purpose of this Act is to provide income tai 2 credits to offset taxpayers' capital expenditures made to develop 3 water conservation facilities and devices. 9 SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended 5 by adding a new section to be appropriately designated and to 6 read as follows: 7 "§235- Water conservation; income tax credit. (al For 8 taxable veers beginning on or after January 1, 2000, each 9 individual and corporate resident tax_pa der that files an 10 individual or corporate net income tax return for a taxable..xea 1 11 may claim a tax credit under this section aoainst the Hawaii 12 state individual or corporate net income tax. The tax credit may 13 be claimed for env water conservation facility or device or,anv 19 oualified water conservation investment property in an amount no~ 15 to exceed ten per cent of the total cost of the water 16 conservation facility or device; provided that the tax credit 17 shall apply only to the actual cost of the water conservation t~_ L...._.) ~_..._~nlVl/L :11_2LCO~ L.. (111 /1'QQ Paee 3 of ~ , 16 facili'v o- device and shah no` include the cost of coissc'i__=_- ' 19 incentive premiums unrelated to the operation o` the_ wate_ Page 2 684 H.B. NO. 1 conservation facility or device. The credit shall be claimed 2 against net income tax liability for the year in which the water 3 conservation facility or device was purchased and placed in use; 4 provided that the tax credit shall be applicable only with 5 res ect to water conservation facilities or devices that are 6 rected and laced in service after December 31 1999. Tax 7 credits that exceed the taxpayer's income tax liability may be B used as a credit against the taxpayer's income tax liability in 9 subsequent years until exhausted. 10 fb) As used in this section "ovate- conservation facility 11 or device" means any new or modified facility building, 12 machinery or equipment used in the water conservation process 13 resulting in a minimum ten per cent reduction by relinquishment 14 or transfer of annual permitted water usage from existing 15 groundwater sources. 16 (c) The director of taxation shall prepare such forms as 17 ma be necessar to claim a credit under this section. The 18 director may also require the taxpayer to furnish reasonable 19 information to ascertain the validity of the claim for credit 20 made under this section and may adopt rules necessarv_to 21 effectuate the purposes of this section pursuant to chapter 91." http:l/www.capitol.hawaii.goy/session1999/bills/hb684_.htm 9/10!99 Paee -i of 22 SECTION 3. New statutory material is underscored. Page 3 684 H.B. N0. 1 SECTION 4. This Act, upon its approval, shall apply to 2 taxable years beginning after December 31, 1998. 3 9 INTRODUCED BY: http:l/www.capitol.hawaii.gov/session 1999/6ills/1tb684_.htm 9110/99 JUSTIFICATION SHEET PROPOSER: County of Maui Council Vice-Chair Dain P. Kane (for HSAC and County Legisiative Packages) TITLE: RELATING TO TAX CREDITS FOR WATER CONSERVATION AND STORAGE PURPOSE: To encourage water conservation by providing income tax credits to offset capital expenditures for the development of water conservation facilities and devices and water storage facilities and devices. MEANS: Amend Chapter 235, Hawaii Revised Statutes. JUSTIFICATION: Many areas throughout the State suffered under drought conditions during the summer of 1999. Upcountry Maui was subject to a mandatory 25 percent reduction in water consumption for approximately two months. Droughts have become commonplace every summer, a condition that could be alleviated if increased water storage capacity were available and if water conservation were encouraged throughout the year. Section 235-12, Hawaii Revised Statutes, provides for income tax credits for solar or wind energy devices, heat pumps or ice storage systems. The widespread use of solar water heaters can be attributed to this provision. Similar initiatives for water conservation and storage could greatly relieve the demand on our water systems during summer drought conditions. During the 1999 Legislative Session, House Bill Nos. 367 and 684 and Senate Bill No. 72 sought to provide income tax credits for capital expenditures for the development of water conservation facilities and devices. paf:99-21 Sc:mnc B. N0. A BILL FOR AN ACT RELATING TO IDENTIFICATION CARDS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The purpose of this Act is to require disclaimers on a privately manufactured or sold card which has a picture of an individual, personal name, and birth dace. This Act is intended to prevent a minor from using a fictitious identification card to purchase liquor, enter a liquor selling establishment, or undertake other activities reserved for adults. The disclaimers required by this Act are intended to give notice to liquor selling establishment operators and other relevant parties that the information on such a card may not necessarily be relied upon. SECTION 2. The Hawaii Revised Statutes is amended by addinc a new chapter to be appropriately designated and to read as follows: OCS/HON IDS.B99 "CHAPTER UNOFFICIAL AGE IDENTIFICATION CARD § _-I Definitions. For the purpose of this chapter: "Government agency" means an agency of the United States government, an agency of any state government of the United States, or an agency of any political subdivision of a state. "Government agency" also means an agency of any government of a country besides the United States. "Government document" means a document issued by a government agency. "Same stability," with respect to words or numbers imprinted, inscribed, or stamped on an unofficial age identification card, means having approximately the same resistance to chemical change or physical disintegration. Words or numbers on a card shall be deemed to have the "same stability" if meeting one or both of the following: -2- (1) The words or numbers are imprinted, inscribed, or stamped by the same process and at the same time; or (2) No smearing or approximately the same amount of smearing occurs when the words or numbers are rubbed by a human finger exerting about the same pressure across them. "Supply," with respect to an unofficial age identification card, means to provide or furnish to a person by other than a sales transaction. "Unofficial age identification card" means a card which: (1) Is manufactured by a private person without the express, specific authorization of a government agency; (2) Is rectangular and not more than eight inches in length and not more than five inches in width; and (3) Is imprinted, inscribed, or stamped on at least one side with at least the following information: -3- (A) A picture of an individual; (B) A personal name positioned or described in a manner indicating or resulting in a reasonable assumption that it is the personal name of the pictured individual; and (C) A date represented as a "birth date" and positioned or described in a manner indicating or resulting in a reasonable assumption that the date is the birth date of the pictured individual. A date shall be deemed represented as a "birth date" if designated or accompanied by the words "birth date" or "date of birth," the initials "DOB" or "BD," or other similar words or initials in the English or another language. § -2 Prohibition on manufacture, sale, or supply of unofficial age identification card without disclaimers. Except as provided in this section and section _-3, a private person shall not manufacture, sell, supply, or attempt to sell or supply an unofficial age identification card unless the following words -4- are imprinted, inscribed, or stamped across the top of each side of the card in the manner required by this paragraph: "SOWENIR ONLY." The words shall be in red capital letters, at least one- fourth inches high, in not less than 28 point type, and of the same stability as the personal name on the card. ~ _-3 Exceptions. Section _-2 shall not apply to a private person who manufactures, sells, supplies, or attempts to sell or supply the following: (1) A "credit card" as defined in section 708-800; (2) An "employee identification card," meaning a card given to an individual by a private employer for the purpose of identifying the individual as an employee of the employer; (3) A "school identification card," meaning a card given to an individual by a private academic, trade, vocational, or technical school, college, or university for the purpose of identifying the individual as a student of the school, college, or university; or -5- (3) A card which does not meet all criteria of the definition of "unofficial age identification card" under section -1. A card excepted by this paragraph includes a card which is manufactured, sold, or supplied by a private person with the express, specific authorization of a government agency, a card which does not comply with the dimensional requirements of paragraph (2) of the definition, or a card which does not include on at least one side all of the information specified under paragraph (3) of the definition. A card described under this section need not include the words required by section _-2. § -4 Penalty. A person who manufactures, sells, supplies, or attempts to sell or supply an unofficial age identification card in violation of section _-2 shall be subject for each violation to a maximum $2,000 fine, maximum one-year imprisonment, or both. Each card manufactured, sold, supplied, or attempted to be sold or supplied in violation of the section shall be deemed a separate violation." -6- SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: -7- HOUSE OF REPRESENTATI"lES I 1 ~ B ~ N O ~ ' ~ TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII \ A BILL FOR AN ACT RELATING TO LIMITED LIABILITY FOR COUNTIES. BE TT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended 2 by adding a new section to be appropriately designated to read as 3 follows: 4 "46- Limitation on liability. Notwithstanding any 5 other law to the contrary the county shall not be liable for 6 damages to any person for iniuries to person or property where 7 such claim for damaoes is based upon an act or omission of an 8 employee of the county exercising due care in the execution of 9 a statute ordinance rule or regulation whether or not such 10 statute ordinance rule or regulation is valid or based upon Ilthe exercise or performance or the failure to exercise or perform 12 a discretionary function or duty on the part of a county officer 13 or a to ee whether or not the discretion involved has been 14 abused." 15 SECTION 2. New statutory material is underscored. 16 SECTION 3. This Act shall take effect upon its approval. 17 ~}'w 18 INTRODUCED BY: 6Y REQUEST: JAN 2 8 1999 f-1(99) HB LRB 99-1385 ~ l ~''S~v REPORT TITLE: Counties; Liability DESCRIPTION: Holds a county not liable for damages to person or property where the claim is based on a county employee's act or omission based on a discretionary function, when executing a statute, ordinance, or rule with due care. HB LRS 99-1385 f-1(99) '7CT-21-1999 15 44 COUNTY OF KRURI 808 241 6319 P.01i02 TWENTY-FIRST LEGISLATURE, 2000 STATE OP HAWAII A BILL FOR AN ACT RELATING TO CIVIL SERVICE LAW- BE IT ENACTED BY TIIE LEGISLATURE OF 'IHE STATE OF HAWAII: SECTION l . Section 76-23, Ilawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Whenever there is a position to be ftlled, the appointing authority shall request the director of human resources development to submit a list of eligibles. The director shall thereupon certify a list of five or such fewer number as may be available, taken from eligible lists in the following order: fizst the promotional lists, second the recall lists, third the zeemployment lists, and fourth the open-competitive lists: provided that laid-off zegular employees shall be placed on an appropriate recall list; provided further that with respect to the eligibles undez unskilled classes, the director shall certify all of the eligibles on such list. Where there is more than one vacant position in a class to be filled, the director may certify an additional eligible for each additional vacancy[.] however for police recruits the director shall certify additional eligibles. not to exceed five e)isribles for each vacancy. The director shall submit eligibles in the order that they appeaz on the eligible list before applying veterans preference; provided that veterans whose examination scores, after addition of applicable preference, are equal to or exceed the examination score of the last eligible certified, shall also be certified; and further provided that if the last eligible to be certified is one of two oz more eligibles who have identical examination scores, those -1- COUNTY OF KRURI 808 241 6319 P.02i02 OCT-21-1999 15 44 two or more eligibles shall be certified notwithstanding the fact that more than five persons are thereby certified to fill a vacancy; and funkier provided that for each eligible without resident preference certified, a resident who has filed a resident income tax return within the State or who has been claimed as a dependent on a residentincome tax return, as provided by sec[ion 78-1, shall also be certified." SECTION 2. Statutory material to be repealed is bracketed. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. -a- ToTR~ P.ez OCT-21-1999 15 02 COUNTY OF KRURI 808 241 6319 P.01i03 JUSTIFICATION' SI-IEET PROPOSER: County of Kauai (For IISAC and County Legislative Packages) TITLE: RELATING TO CIVIL SERVICE LAW PURPOSE: Allows the director to certify additional eligibles for police recruit vacancies. MEANS: Amends Chapter 76-23(b), Flawaii Revised Statutes. JUSTIFICATION: The Counties have found that the current number of eligibles is insufficient because of the high standards se[ for police recruits. Because recruits are subjected to extensive screening processes, a higher than average number of eligibles are disqualified. Thus, the pool of eltgibles must be expanded to ensure a sufficient number of qualified eligibles. HOUSE OF REPRESENTATIVES 1 1 . B . N O . ~ ~ ' TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOR AN ACT RELATING TO TAXATION. BE TT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 249, Hawaii Revised Statutes, is amended 2 by adding a new section to be appropriately designated and to 3 read as follows: 4 "5249-_ County vehicle ad valorem tax. Notwithstanding 5 anything to the contrary in this chapter, each county is 6 authorized to impose, lew, assess, collect, and otherwise 7 administer a tax based on the market value of all vehicles 8 located in the county, which tax shall be established by county 9 ordinance, and to establish other fees and charges relating to 10 the registration and operation of vehicles in the county as the llcounty deems appropriate. The provisions of this chapter 12 relating to the exemptions from the county vehicle weight tax 13 currently specified in this chapter shall be applied in 14 implementing a county vehicle ad valorem tax to the extent 15 applicable; provided further that each county is authorized to 16 modify the provisions of this chapter as necessary to implement a 17 county vehicle ad valorem tax; and provided further that the 18 state vehicle registration fee and state vehicle weight tax 19 imposed by this chapter shall continue to be imposed, levied, HB LRB 99-1373 b-3(99) Page 2 H. B, N O. I 1 assessed, collected, and otherwise administered as Drovided in 2 sections 249-31, 249-33 and 249-34 11 " 3 SECTION 2. New statutory material is underscored. 4 SECTION 3. This Act shall take effect upon its approval. 5 6 INTRODUCED BY: BY REQUEST: +l~W 2.8 1999. HB LRB 99-1373 b-3(99) JUSTIFICATION SHEET ~ ~ " _ Department: Budget Title: Relating to Taxation. Purpose: To authorize counties to impose, levy, assess, and collect a vehicle ad valorem (value) tax by enactment of a county ordinance to support the operation and maintenance cost of the county public transit system. Justification: Currently the State Department of Transportation (SDOT) is implementing/ constructing the H-3, Nimitz Viaduct, and other by-pass highways on Oahu at hundreds of millions of dollars. All projections show that Honolulu's population will continue to grow, resulting in greater number of care, increased driving, and need for more highways and highway lanes. Public transit is a major means of adding transportation capacity without need for new or additional highways resulting in great "savings" to the State. Accordingly, it is prudent that the State authorizes the counties to have a new source of funds to support the operation and maintenance of the county public transit system. The new revenues will allow the City to rapidly expand the much needed public transit services in Honolulu and thereby increase ridership. This will in turn help to reduce traffic congestion and result in enhancing our clean air and environment. General Fund• $ Other Funds: None. Other Agencies Affected: Other Counties with transit system. b-3(99) sb1527_ htm at www.capitol.hawaii.gov Page 2 of 3 THE SENATE S.B. NO. 1527 TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOR AN ACT RELATING TO TRAFFIC FINES, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 291C-171, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "§291C-171 Disposition of fines and forfeitures.(a) All 4 fines and forfeitures collected upon conviction or upon the 5 forfeiture of bail of any person charged with a violation of any 6 section or provision of the state traffic laws and all 7 assessments collected relating to the commission of traffic 8 infractions shall be paid to the director of finance of the 9 State[.] and shall be distributed by the director as follows: 10 ~ - n of all fin o ei-~ and a essm n 11 asenerated within a county Thal l be ran r ed .o .ha . co ~n .v. 12 excluding monPtarv p nal,ies res~l inq from offenses under 13 sertinn 291-4. 1-4 and 1-4.4. No la er han fo y- iye lq Sys aftar h. -lose of ea h calendar ~~a .er. he di a .0 0 15 finance for the State shall de;o i in .o the general fund of each 16 o~n X th in s fo f i , .s and aGaessmenta collected by the 17 dirt i o~ .s in .ha o~nty in the ne~tage Prescribed in 18 this 'on. 19 (b) In addition to any monetary assessment imposed for a Page 2 sb1527_.htm at www.capitol.hawaii.gov Page 3 of 3 S.B. NO. 1527 1 traffic infraction, the court may impose penalties on all 2 outstanding traffic citations and judgments. The penalties shall 3 be established pursuant to rules approved by the supreme court; 4 provided that the amounts of the penalties shall be based upon a 5 graduated scale that increases in proportion to the length of the 6 delinquency. Any interest penalty imposed as provided in this 7 section may be waived by the court for good cause. All penalties 6 collected for such outstanding citations and judgments shall be 9 paid to the director of finance of the State[.] and d's. ;b~.ed 10 after collection as nrovid.d in a~bGe .ion (al." 11 SECTION 2. Statutory material to be repealed is bracketed. 12 New statutory material is underscored. 13 SECTION 3. This Act shall take effect on July 1, 1999. 14 15 INTRODUCED BY: JUSTIFICATION SHEET PROPOSER: County of Kauai (for HSAC and County Legislative Packages) TITLE: RELATING TO TRAFFIC FINES, COUNTIES PURPOSE: Provides that a percentage of the traffic fines generated in each county shall go to that county. MEANS: Amends Chapter 2971C-171, Hawaii Revised Statutes. JUSTIFICATION: The counties need additional revenue to fund public safety services. Current State law states that all fines and forfeitures collected upon conviction or upon the forfeiture of bail of an)/person chazged with a violation of any section or provision of the State traffic laws and all assessments collected relating to the commission of traffic infractions shall be paid to the State Director of Finance. Since the county police enforce$ these traffic violations and infractions, the State should transfer to the counties a percentage of the uncontested traffic fines collected. sb1527 his_.htm at www.capitol.hawaii.gov Page 1 of I SB 1527 RELATING TO TRAFFIC FINES By Senators} IWASE Report Title: Traffic Fines, Counties Description: Provides i of the traffic fines generated in each county shall go to that county. 1-28-99 S Introduced and passed First Reading 2- 1-99 S Referred to JDC/TIA, then to WAM . ' . B. NO. A BILL FOR AN ACT RELATING TO TAXATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The purpose of this Act is to accomplish the following: (1) Provide the counties with a share of the general excise and use tax revenues; and (2) Terminate the transfer of a share of the transient accommodations tax revenues to the counties. SECTION 2. Section 237-31, Hawaii Revised Statutes, is amended to read as follows: "Sec. 237-31 Remittances. All remittances of taxes imposed by this chapter shall be made by money, bank draft, check, OCS/HON SHARE.B99 cashier's check, money order, or certificate of deposit to the office of the department of taxation to which the return was transmitted. The department shall issue its receipts therefor to the taxpayer and shall pay the moneys into the state treasury [as a state realization,] to be kept [and]s accounted for, and distributed as provided by law; provided that: (1) The sum from all general excise tax revenues [realized by the State] that represents the difference between $45,000,000 and the proceeds from the sale of any general obligation bonds authorized for that fiscal year for the purposes of the state educational facilities improvement special fund shall be deposited in the state treasury in each fiscal year to the credit of the state educational facilities improvement special fund; (2) A sum, not to exceed $5,000,000, from all general excise tax revenues (realized by the State] shall be deposited in the state treasury in each fiscal year to the credit of the compound interest bond reserve fund; [and] 2 (3) A sum, not to exceed the amount necessary to meet the obligations of the integrated tax information management systems performance-based contracts may be retained and deposited in the state treasury to the credit of the integrated tax information management systems special fund. The sum retained by the director of taxation for deposit to the integrated tax information management systems special fund for each fiscal year shall be limited to amounts appropriated by the legislature. This paragraph shall be repealed on July 1, 2004[.]; and ~L Of the general excise tax revenues remaining in a fiscal year after the application of paragraphs (1) (2) and (3): ~L per cent shall be distributed to the county of Kauai; LL per cent shall be distributed to the county of Hawaii; 3 _ per cent shall be distributed to the city and countv~of Honolulu• and ~D1 percent shall be distributed to the county of Maui. The state director of finance shall make the appropriate distribution to each county director of finance_on a quarterly basis The distribution shall be made within sixty days of the end of each fiscal quarter. The general excise tax revenues remaining after the application of paragraphs (1) through (4) shall be state realizations and deposited in the state treasury to the credit of the general fund " SECTION 3. Section 237D-6.5, Hawaii Revised Statutes, is amended to read as follows: "Sec. 237D-6.5 Remittances; distribution [to counties]. (a) All remittances of taxes imposed under this chapter shall be made 4 by cash, bank drafts, cashier's check, money order, or certificate of deposit to the office of the taxation district to which the return was transmitted. (b) Beginning on January 1, 1999 revenues collected under this chapter shall be distributed as follows: (1) 17.3 per cent of the revenues collected under this chapter shall be deposited into the convention center capital and operations special fund established under section 206X-10.5; (2) 37.9 per cent of the revenues collected under this chapter shall be deposited into the tourism special fund established under section 201B-11; (3) [44.8 per cent of the revenues collected under this chapter shall be transferred as follows: Kauai county shall receive 14.5 per cent, Hawaii county shall receive 18.6 per cent, city and county of Honolulu shall receive 44.1 per cent, and Maui county shall 5 receive 22.8 per cent.] The remainder shall be deposited into the general fund. All transient accommodations taxes shall be paid into the state treasury each month within ten days after collection[, and]. Revenues for the convention center capital and operations special fund and tourism special fund shall be kept by the state director of finance in special accounts for distribution as provided in this subsection. ((c) On or before January or July 1 of each year or after the disposition of any tax appeal with respect to an assessment for periods after June 30, 1990, the state director of finance shall compute and pay the amount due as provided in subsection (b) to the director of finance of each county to become a general realization of the county expendable as such, except as otherwise provided by law.]" SECTION 4. Section 238-14, Hawaii Revised Statutes, is amended to read as follows: 6 "Sec. 238-14 Taxes [state realizations. All]; distribution. The taxes collected under this chapter in a fiscal vear shall be [state realizations.] paid into the state treasurv and distributed as follows: S~L per cent shall be retained by the State as state realizations and de,~osited in the state treasury to the credit of the general fund; u Der cent shall be distributed to the county of Kauai; ~3~ per cent shall be distributed to the county of Hawaii; ~4Z Der cent shall be distributed to the city and county of Honolulu; and percent shall be distributed to the county of Maui. 7 The state director of finance shall make the appropriate distribution to each county director of finance on a quarterly basis The distribution shall be made within sixty days of the end of each fiscal quarter." SECTION 5. Statutory material to be repealed is bracketed. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2000. INTRODUCED BY: 8 B. NO. A SILL FOR AN ACT RELATING TO TAXATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The purpose of this Act is to re-authorize a county to impose a county general excise and use tax surcharge. SECTION 2. Section 46-16.7, Hawaii Revised Statutes, is amended to read as follows: "Sec. 46-16.7 County general excise and use tax surcharge. (a) Each county, except the county of Kalawao, may establish a general excise and use tax surcharge of one-half per cent. [Each] If choosing to do so, a county shall establish the general excise and use tax surcharge by ordinance (adopted before October 1, 1992, which shall take effect on January 1, 1993, and remain in effect for ten years through December 31, 2002, unless earlier repealed, pursuant to subsection (c) No ordinance shall be OCS/HON COUNTYGE.B99 adopted until the county has conducted a public hearing on the proposed ordinance. Notice of the public hearing shall be published in a newspaper of general circulation within the county at least twice within a period of thirty days immediately preceding the date of the hearing. If a county fails to adopt a county general excise and use tax surcharge ordinance by October 1, 1992, the county shall not be covered by this section]. The ordinance shall be enacted by May 1 of a year and effective from the immediate following July 1. The surcharge shall remain in effect until the June 30 immediately following the repeal of the enacting ordinance. A county may enact an ordinance imposing the surcharge even after repealing an earlier ordinance which had previously imposed the surcharge. (b) Each county shall notify the director of taxation within ten days after the county has [adopted] enacted a general excise and use tax surcharge ordinance, and the director of taxation shall levy, assess, collect, and otherwise administer the general excise and use tax surcharge [for the taxable year 2 beginning January 1, 1993, and for taxable years thereafter through December 31, 2002, as provided by chapters 237 and 238.] until no longer effective. [(c) The general excise and use tax surcharges received from the State by each county shall be used as follows: (1) The city and county of Honolulu shall use the surcharges to develop a fixed rail rapid transit system. All private source revenues generated or pledged to develop a fixed rail rapid transit system that are received prior to the operation of the system shall be used as county matching funds for moneys requested for the transit capital development fund, pursuant to chapter 51D, before surcharges may be used. The director of finance shall determine whether or not private sources are adequate to meet county matching requirements. The director of finance shall submit a report of the findings to the legislature. Upon legislative acceptance of the findings, within sixty days of the first regular legislative session convened following the submittal of the findings, no additional 3 moneys may be expended from the transit fund; provided that: (A) Such limitation on the expenditure of moneys from the transit fund shall not occur prior to December 31, 1992; and (B) Private source revenues received prior to the operation of the system or received in each year that the surcharge is in effect shall be committed to the funding of the capital costs of the fixed rail rapid transit system prior to any determination regarding the duration of the surcharge. (2) All surcharges collected by the State for the city and county of Honolulu but not used for the purpose of developing a fixed rail rapid transit system shall be deposited into the state treasury to be returned to the taxpayers who resided in the city and county of Honolulu for more than two hundred days of the taxable year in the aggregate during the time that the 4 surcharges were collected, in the form of an income tax credit, the amount of the credit to be determined by law. (3) The general excise and use tax surcharge shall be repealed upon the determination by the director of finance that all authorized capital costs of the fixed rail rapid transit system or county projects under paragraph (4) have been collected and distributed pursuant to chapter 248. (4) The counties of Hawaii, Kauai, and Maui shall use the surcharges for public transportation systems, including mass transportation, se~oage, or water development, and parks, including park operation, maintenance, infrastructure, or purchase. (d) As used in this section: "Caaital costs" means nonrecurring costs required to construct a transit facility or system, including debt service, costs of land acquisition and development, acquiring of rights- 5 of-way, planning, design, and construction, including equipping and furnishing the facility or system. "Private source revenue" means all funds, concessions, development rights, or those assets of value contractually agreed upon with the county from sources other than state, county, or federal governments as a result of, or for the purposes of, developing mass transportation.]" SECTION 2. Section 235-16, Hawaii Revised Statutes, is amended by amending subsection (a) to read as Follows: "(a) [If the collection of the county general excise and use tax surcharge starts on January 1, 1993, as provided in sections 46-16.7, 237-8.5, and 238-2.5, then for taxable years, in each year that the surcharge is in effect, beginning after December 31, 1992, and ending before January 1, 2003, each] Each resident individual taxpayer, who files an individual income tax return for a taxable year[,] and who is not claimed or is not otherwise eligible tc be claimed as a dependent by another taxpayer for federal or Hawaii state individual income tax purposes, may claim a county surcharge excise tax credit in the amount computed under 6 this section against the resident taxpayer's individual income tax liability for the taxable year for which the individual income tax return is being filed; provided that a resident individual who has no income or no income taxable under this chapter and who is not claimed or is not otherwise eligible to be claimed as a dependent by a taxpayer for federal or Hawaii state individual income tax purposes may claim this credit. (1) Each resident individual taxpayer who resides for more than two hundred days of the taxable year in the aggregate in a county in which the county general excise and use tax surcharge is in effect may claim the tax credit according to the adjusted cross income bracket shown in the following schedule: 7 TAX CREDIT SCHEDULE Adjusted Gross Income Tax Credit Under $5,0000 $ 25 $5,000 under $10,000 45 $10,000 under $15,000 65 $15,000 under $20,000 90 $20,000 under $30,000 110 $30,000 under $40,000 125 $40,000 under $50,000 145 $50,000 under $75,000 185 $75,000 under $100,000 205 $100,000 and over 210 (2) Each resident individual taxpayer who resides for more than two hundred days of the taxable year in the aggregate in a county which has not adopted the county general excise and use tax surcharge may claim a tax credit according to the adjusted gross income bracket shown in the schedule below: 8 TAX CREDIT SCHEDULE Adjusted Gross Income Tax Credit Under $5,0000 $ 5 $5,000 under $10,000 10 $10,000 under $20,000 15 $20,000 under $30,000 20 $30,000 under $40,000 25 $40,000 under $50,000 30 $50,000 under $75,000 35 $75,000 and over 40 A husband and wife filing separate returns for a taxable year for which a joint return could have been filed by them shall claim only the tax credit to which they would have been entitled had a joint return been filed." SECTION 4. Section 235-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There shall be allowed to each taxpayer subject to the taxes imposed by this chapter(,] an income tax credit which shall be deductible from the taxpayer's net income tax liability, if 9 any, imposed by this chapter for the taxable year in which the credit is properly claimed. The amount of the credit shall be [up to] either of the following: S.~ A maximum four per cent of the costs incurred [in the State] in the production of motion picture or television films(.] in a county where the county general excise and use tax surcharge is not imposed• or A maximum of four and one-half per cent of the costs incurred in the production of motion picture or television films in a county where the surcharge is imposed. The director of taxation shall specify by rule a schedule of allowable tax credits based on the principle that greater tax credits shall be allowed for greater benefits to the state economy. In the case of a partnership, S corporation, estate, or trust, the tax credit allowable is for production costs incurred by the entity for the taxable year. The cost upon which the tax 10 credit is computed shall be determined at the entity level. Distribution and share of credit shall be determined by rule. If a deduction is taken under section 179 (with respect to election to expense depreciable business assets) of the Internal Revenue Cede of 1986, as amended, no tax credit shall be allowed for those costs for which the deduction is taken. The basis for eligible property for depreciation of accelerated cost recovery system purposes for state income taxes shall be reduced by the amount of credit allowable and claimed." SECTION 5. Section 235-110.7, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) There shall be allowed to each taxpayer s•~bject to the tax imposed by this chapter a capital goods excise tax credit which shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed. 11 The amount of the tax credit shall be determined by the application of the following rates against the cost of the eligible depreciable tangible personal property used by the taxpayer in a trade or business and placed in service within Hawaii after December 31, 1987. For calendar years beginning after: December 31, 1987, the applicable rate shall be three per cent; December 31, 1988, and thereafter, the applicable rate shall be four per cent, except that (for the period January 1, 1993, through December 31, 2002, and] for eligible depreciable tangible personal property used in a trade or business that is purchased in a county in which the county general excise and use tax surcharge is in effect and placed in service in any county the applicable rate shall be four and one-half per cent. For taxpayers with fiscal taxable years, the applicable rate shall be the rate for the calendar year in which the eligible depreciable tangible personal property used in the trade or business is placed in service within Hawaii. In the case of a partnership, S corporation, estate, or trust, the tax credit allowable is for eligible depreciable tangible personal property which is placed in service by the entity. The cost upon which the tax credit is computed shall be 12 determined at the entity level. Distribution and share of credit shall be determined by rules. In the case of eligible depreciable tangible personal property for which a credit for sales or use taxes paid to another state is allowable under section 238-3(i), the amount of the tax credit allowed under this section shall not exceed the amount of use tax[,] and (for the period January 1, 1993, through December 31, 2002], if aQolicable, the amount of the county general excise and use tax surcharge[,] actually paid under chapter 238 relating to such tangible personal property. If a deduction is taken under section 179 (with respect to election to expense certain depreciable business assets) of the Internal Revenue Code of [1954,] 1986, as amender, no tax credit shall be allowed for that portion of the cost of property for which the deduction was taken." 2. By amending subsection (e) to read: "(e) As used in this section, the definition of section 38 property (with respect to investment in depreciable tangible 13 personal property) as defined by section 48(a)(1)(A), (a)(1)(B), (a)(3), (a)(4), (a)(7), (a)(8), (a)(10)(A), (b), (c), (f), (1), (m), and (s) of the Internal Revenue Code of 1954, as amended as of December 31, 1984, is operative for the purposes of this section only. As used in this section: "Cost" means (1) the actual invoice price of the tangible personal property, or (2) the basis from which depreciation is taken under section 167 (with respect to depreciation) or from which a deduction may be taken under section 168 (with respect to accelerated cost recovery system) of the Internal Revenue Code of [1954,] 1986, as amended, whichever is less. "Eligible depreciable tangible personal property" is section 38 property as defined by the operative provisions of section 48 and having a depreciable life under section 167 or for which a deduction may be taken under section 168 of the federal Internal Revenue Code of [1954,] 1986, as amended. 14 "Placed in service" means the earliest of the following taxable years: (1) The taxable year in which, under the: (A) Taxpayer's depreciation practice, the period for depreciation; or (B) Accelerated cost recovery system, a claim for recovery allowances; with respect to such property begins; or (2) The taxable year in which the property is placed in a condition or state of readiness and availability for a specifically assigned function. "Purchase" means an acquisition of property. "Tangible personal property" means tangible personal property which is placed in service within Hawaii after December 31, 1987, and the purchase or importation of which resulted in a 15 transaction which was subject to the imposition and payment of tax under chapter 237 or 238 at the rate of four per cent[, except that for the period January 1, 1993, through December 31, 2002, and if] or, if applicable due to the county general excise and use tax surcharge [is in effect the tax rate shall be]~ four and one-half per cent[, under chapter 237 or 238]. "Tangible personal property" does not include tangible personal property which is an integral part of a building or structure or tangible personal property used in a foreign trade zone, as defined under chapter 212." SECTION 6. Section 237-8.5, Hawaii Revised Statutes, is amended to read as follows: "Sec. 237-8.5 County general excise and use tax surcharge; administration. (a) The county general excise and use tax surcharge, upon (the adoption of county ordinances under] imposition by a county in accordance with section 46-16.7, shall be levied, assessed, and collected as provided in this section on all gross proceeds and gross income taxable under this chapter at the four per cent tax rate in such manner that the combined state general excise tax and the county general excise and use tax 16 surcharge tax shall be four and one-half per cent in [those counties adopting] the county imposing the surcharge. All provisions of this chapter shall apply to the county general excise and use tax surcharge; and with respect to the surcharge, the director shall have all the rights and powers provided under this chapter. In addition, 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 general excise and use tax surcharge attributable to business conducted in each county. (b) [Each county general excise and use tax surcharge adopted pursuant to section 46-16.7 (a) shall be levied as of January 1, 1993, and shall continue for a period of ten years through December 31, 2002, or until earlier repealed. (c) The county general excise and use tax surcharge shall be imposed on the gross proceeds or gross income of all written contracts that require the passing on of the taxes imposed under this chapter; provided that if the gross proceeds or gross income 17 are received as payments after December 31, 1992, on contracts entered into before June 19, 1990, and the written contracts do not provide for the passing on of increased rates of taxes, the county general excise and use tax surcharge shall not be imposed on the gross proceeds or gross income covered under this written contracts. The county general excise and use tax surcharge shall be imposed on the gross proceeds or gross income from all contracts entered into on or after June 19, 1990, whether or not the contract allows for the passing on of any tax or any tax increases. (d)] No county general excise and use tax surcharge shall be established on any: (1) Gross income or gross proceeds taxable under this chapter at [the one-half] less than the four per cent tax rate; or (2) [Gross income or gross proceeds taxable under this chapter at the 0.15 per cent tax rate; or 18 (3)] Transactions, amounts, persons, gross income, or gross proceeds exempt from tax under this chapter. [(e)] L~ The director of taxation shall revise the general excise tax forms to provide for the clear and separate designation of the imposition and payment of the county general excise and use tax surcharge. The taxpayer shall designate the taxation district to which the county general excise and use tax surcharge is assigned in accordance with rules adopted by the director of taxation under chapter 91. The taxpayer shall file a schedule with the taxpayer's periodic and annual general excise and use tax returns summarizing the amount of taxes assigned to each taxation district. The penalties provided by section 231-39 for failure to file a tax return shall be imposed on the amount of surcharge due on the return being filed for the failure to file the schedule required to accompany the return. In addition, there shall be added to the tax an amount equal to ten per cent of the amount of the surcharge and tax due on the return being filed for the 19 failure to file the schedule or the failure to correctly report the assignment of the general excise tax by taxation district on the schedule required under this subsection. [(f) All taxpayers who file on a fiscal year basis whose fiscal year ends after December 31, 1992, or after December 31, 2002, shall file a short period annual return for the period preceding January 1, 1993, or preceding January 1, 2003. Each fiscal year taxpayer shall also file a short period annual return for the period starting after December 31, 1992, and ending before January 1, 1994, and for the period starting after December 31, 2002, and ending before January 1, 2004.] S~ All monthly, annual, and amended returns due under this chapter [for any period preceding January 1, 2003, which are submitted to the department after December 31, 2002,] shall include [in] payments (submitted with the return] of any county general excise and use tax surcharge that may be due [for the period preceding January 1, 2003]." SECTION 7. Section 238-2.5, Hawaii Revised Statutes, is amended to read as follows: 20 "Sec. 238-2.5 County general excise and use tax surcharge; administration. (a) The county general excise and use tax surcharge, upon [adoption of a county ordinance under] imposition by a county in accordance with section 46-16.7, shall be levied, assessed, and collected as provided in this section on the value of property taxable under this chapter at the four per cent tax rate under section 238-2 (3) in a manner that the combined state use tax and the county general excise and use tax surcharge shall be four and one-half percent in [those counties adopting] the county imposing the surcharge. All provisions of this chapter shall apply to the county general excise and use tax surcharge. With respect to the surcharge, the director shall have all the rights and powers provided under this chapter. In addition, the director of taxation shall have the exclusive rights and power to determine the county or counties in which a person imports or purchases tangible personal property and, in the case of a person importing or purchasing tangible property in more than one county, the director shall determine through apportionment or other means, that portion of the general excise and use tax surcharge attributable to the importation or purchase in each county. 21 (b) [Each county general excise and use tax surcharge shall be levied as of January 1, 1993, and shall continue for a period of ten years through December 31, 2002, or until earlier repealed. (c)] No county general excise and use tax surcharge shall be established upon any use taxable under this chapter at the one- half per cent tax rate or upon any use that is not subject to taxation or that is exempt from taxation under this chapter. [(d)] LZ The director of taxation shall revise the use tax forms to provide for the clear and separate designation of the imposition and payment of the county general excise and use tax surcharge. The taxpayer shall designate the taxation district to which the county general excise and use tax surcharge is assigned in accordance with rules adopted by the director of taxation under chapter 91. The taxpayer shall file a schedule with the taxpayer's periodic and annual general excise and use tax returns summarizing the amount of taxes assigned to each taxation district. 22 The penalties provided by section 231-39 for failure to file a tax return shall be imposed on the amount of surcharge due on the return being filed for the failure to file the schedule required to accompany the return. In addition, there shall be added to the tax an amount equal to ten per cent of the amount of the surcharge and tax due on the return being filed for the failure to file the schedule or the failure to correctly report the assignment of the use tax by taxation district on the schedule required under this subsection. [(e) A11 taxpayers who file on a fiscal year basis whose fiscal year ends after December 31, 1992, or after December 31, 2002, shall file a short period annual return for the period preceding January 1, 1993, or preceding January 1, 2003. Each fiscal year taxpayer shall also file a short period annual return for the period starting after December 31, 1992, and ending before January 1, 1994, and for the period starting after December 31, 2002, and ending before January 1, 2004.] All monthly, annual, and amended returns due under this chapter [for any period preceding January 1, 2003, which are submitted to the department after December 31, 2002,] shall 23 include [in] payments [submitted with the return] of any county general excise and use tax surcharge that may be due [for the period January 1, 2003]." SECTION 8. Section 248-2.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The costs of assessment, collection, and disposition of county general excise and use tax surcharges shall be withheld from payment to the several counties by the State out of the county general excise and use tax surcharges collected for the current calendar year. The costs of assessment, collection, and disposition of the county general excise and use tax surcharges shall be borne by each of the several counties in an amount proportional to the total amount of surcharges allocated to that county divided by the total amount of surcharges collected for the entire State for the preceding calendar year. For the purpose of this section, the costs of assessment, collection, and disposition of the county general excise and use 24 tax surcharges shall include any and all costs, direct or indirect, which are deemed necessary and proper to effectively administer this section and sections 237-8.5 and 238-2.5. Costs include refunds or reductions of income taxes under (section] sections 235-17 and 235-110.7 attributable to the county general excise and use tax surcharge." SECTION 9. Statutory material to be repealed is bracketed. New statutory material is underscored. SECTION 10. This Act shall take effect upon its approval. INTRODUCED BY: 25 HOUSE OF REPRESENTATIVES H , B , N O TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOI? AN ACT RELATING TO TRANSIENT ACCOMMODATIONS TAX. BE TT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 237D-6.5, Hawaii Revised Statutes, is 2 amended by amending subsection (b) to read as follows: 3 °(b) For the fiscal year beginning July 1, 1994, and for 4 each fiscal year thereafter, until December 31, 1998, revenues 5 collected under this chapter shall be distributed as follows: 6 (1) One-sixth of the revenues collected under this chapter ~ shall be deposited into the convention center capital 8 special fund established under section 206X-10.5; 9 (2) Of the remaining revenues, five per cent shall be 10 retained by the State; and 11 (3) Of the remainder, Kauai county shall receive 14.5 per 12 cent; Hawaii county shall receive 18.6 per cent; city 13 and county of Honolulu shall receive 44.1 per cent; and 14 Maui county shall receive 22.8 per cent. 15 Beginning on January 1, 1999, revenues collected under this 16 chapter shall be distributed as follows: 17 (1) 17.3 per cent of the revenues collected under this 18 chapter shall be deposited into the convention center 19 capital special fund established under section HB LRB 99-1369 Page 2 I I. U. I ~j O~ 1 206X-10.5; 2 (2) 37.9 per cent of the revenues collected under this 3 chapter shall be deposited into the tourism special 4 fund established under section 2018-11; $ (3) 44.8 per cent of the revenues collected under this 6 chapter shall be transferred as follows: Kauai county ~ shall receive 14.5 per cent; Hawaii county shall 8 receive 18.6 per cent, city and county of Honolulu 9 shall receive 44.1 per cent, and Maui county shall 10 receive 22.8 per cent. 11 Beainnina on July 1 1999 revenues collected under this 12 chapter shall be distributed as follows• 13 17_.3 per cent of the revenues collected under this 14 chapter shall be deposited into the convention center 15 capital special fund established under section 16 206X-10.5: 17 12L 6.0 per cent of the revenues collected under this 18 chapter shall be deposited into the tourism special 19 fund established under section 201E-11• and 20 L3L Of the remainder Kauai county shall receive 14 5 per 21 cent; Hawaii county shall receive 18 6 per cent city 22 and county of Honolulu shall receive 44 1 per cent and 23 Maui county shall receive 22 8 per cent HB LRB 99-1369 Page3 1 I~U~ 1 VOA ~V'~ 1 All transient accommodations taxes shall be paid into the 2 state treasury each month within ten .days after collection, and 3 shall be kept by the state director of finance in special 4 accounts for distribution as provided in this subsection.' 5 SECTION 2. New statutory material is underscored. 6 SECTION 3. This Act shall take effect on July 1, 1999. 7 8 INTRODUCED BY: ~ BY REQUEST; JAN 2 8 1994 HB LRB 99-1369 ~15~ REPORT TITLE: Transient Accommodations Tax DESCRIPTION: Reduces the amount of transient accommodations revenue distributed to the Hawaii tourism authority from 32.9$ to 6$. Increases amount distributed to counties from 44.8$ to 76.7$. HB LRB 99-1369 HOUSE OF REPRESENTATIVES I 1 ~ B ~ N O ~ ' TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOR AN ACT RELATING TO EXEMPTING THE COUNTIES FROM GENERAL EXCISE TAX. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 237, Hawaii Revised Statutes, is amended 2 by adding a new section to be appropriately designated and to 3 read as follows: 4 "5237- Exemption of county sovernmenta. This chapter 5 shall not apply to county governments and all amounts received 6 from county aovernments." 7 SECTION 2. New statutory material is underscored. 8 SECTION 3. This Act shall take effect upon its approval. 9 10 INTRODUCED BY: BY REQUEST: JAN 2 8 1999 HB LRB 99-1377 ~g 111 REPORT TITLE: General Excise Tax; Counties DESCRIPTION: Exempts the county governments and amounts received from the county governments from the general excise tax. HS LRB 99-1377 HOUSE OF REPRESENTATIVES 11. U. N O. TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOR AN ACT RELATING TO SUBPOENAS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 621-7, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "5621-7 Fees; criminal cases. (a) Every witness legally 4 required to attend a state court or grand jury in any criminal 5 case, other than a public officer or employee, shall be entitled 6 to $20 for each day's attendance and a reasonable mileage fee to 7 be established pursuant to rules adopted by the judiciary for 8 each mile actually and necessarily traveled on the ground each 9 way, including travel to and from the nearest airport when 10 required to travel from another island or from outside the State. 111n addition to witness' fees, every witness, who attends a state 12 court from outside the State shall be entitled to the actual 13 round-trip cost of plane travel, plus $110 per twenty-four-hour 14 day, or if from any island other than that on which the court 15 holds session, shall be entitled to the actual round-trip cost of 16 plane travel, plus $55 per twenty-four-hour day, which amounts 17 shall cover all personal expenses, such as board and lodging. 18 These per diem payments shall be computed on the basis of quarter 19 day periods of time. HB LRB 99-1403 Paget H.U. 1 VO. I J~? 1 (b) Any police officer or other public officer or employee 2 (except the county attorney, prosecuting attorney, or deputy 3 county attorney or deputy prosecuting attorney), who attends a 4 state court as a witness from a district other than that in which 5 the court is holding session, shall be allowed the police 6 officer's, public officer's, or employee's travel cost and 7 mileage fees as provided in this section. A public officer or 8 employee, if not salaried, shall receive witness fees. 9 (c) If a police officer is served a subpoena and compelled 10 to be available to attend and testify as a witness for the State, lithe officer shall be entitled to overtime compensation for the 12 time the officer's attendance is rewired whenever the officer 13 performs this function during off-duty periods. The compensation 14 is to be provided for the undue hardship of remainincr available 15 and disruptions of personal life. The State shall reimburse the 16 county for overtime compensation of police officers beincr served 17 subpoenas to appear while they are off-duty. Fixed trial dates 18 shall be assicrned whenever possible to prevent the undue 19 hardships of subpoenas." 20 SECTION 2. This Act does not affect rights and duties that 2l matured, penalties that were incurred, and proceedings that were 22 begun, before its effective date. 23 SECTION 3. New statutory material is underscored. HB LRB 99-1403 Page 3 1 1. U. 1 V O. ~ " 1 SECTION 4. This Act shall take effect upon its approval. 2 3 INTRODUCED BY: ~ BY REQUEST: JAN 2 8 1999 HB LRB 99-1403 ~ i~~ REPORT TITLE: Police Officers, Subpoenas DESCRIPTION: Requires the State to reimburse the counties for overtime compensation for police officers compelled to attend court hearings by a subpoena. HB LRB 99-1403 HOUSE OF REPRESENTATIVES H , B , N Q , ' ~ ' TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOR AN ACT RELATING TO TAXATION. BE TT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 240-1, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "5240-1 Electric light and Dourer comDanies[,7; telephone, 4 telecommunication and cable television aervices• tax on. Every 5 person operating in the State an electric light or power business 6 as a public utility, or telephone, telecommunication or cable 7 television business whose franchise does not provide for the 8 payment to the county in which the public utility operates of a 9 tax, or a tax of less than two and one-half per cent, based upon 10 the gross receipts of such person from all electric light or llpower, or telephone, telecommunication or cable television 12 services furnished to consumers during each calendar year, shall 13 file with the director of finance of the county in which the 14 public utility operates, within one month after the expiration of 15 each calendar year, a detailed statement showing all gross 16 receipts from all electric light or power, or telephone, 17 telecommunication, or cable television services furnished to 18 consumers during the preceding calendar year. Such person shall, 19 at the same time pay to the director of finance, for and on HB LRB 99-1371 b-2(99) Page 2 11. LJ . I V O. ISr~ Ibehalf of such county, in addition to any and all other payments 2 required to be made by law, two and one-half per cent of the 3 gross receipts; or, if such person's franchise provides for a tax 4 of less than two and one-half per cent of the gross proceeds, the 5 difference between the tax required under such franchise and two 6 and one-half per cent of the gross receipts, of such person from 7 all electric light or power, or telephone, telecommunication, or 8 cable television services furnished to consumers during the 9 preceding calendar year." 10 SECTION 2. Statutory material to be repealed is bracketed. 11 New statutory material is underscored. 12 SECTION 3. This Act shall take effect upon its approval. 13 14 INTRODUCED BY : 1,~, ' lV 8Y REQUEST: _ JAN 2 8 1999 HB LRB 99-1371 b-2(99) N~ ~51~ REPORT T2TLE: Public Util. Franchise Tax DESCRIPTION: Requires telephone, telecommunications and cable companies to pay public utilities franchise tax of 2.5~ of gross revenues to counties. HS LRB 99-1371 b-2(99) HOUSE OF REPRESENTATIVES ( ~ , B , N O , ' ` TWENTIETH LEGISLATURE, 1999 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PUBLIC SERVICE COMPANY TAX. BE TT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 239, Hawaii Revised Statutes, was 2 enacted to impose the public service company tax on certain 3 public utilities in lieu of all other taxes and as a means of ' 4 taxing the real property (owned by a public utility oz leased to 5 it by a lease under which the public utility is required to pay 6 the taxes upon the property) and the personal property of the 7public utility. Specifically, section 239-3, Hawaii Revised 8 Statutes, provides that public utilities are exempt from the 9 counties' real property taxes. Although the public utilities do lOnot pay real property taxes, they still use many services llprovided by the counties that are funded by the counties' real 12 property tax revenues. The legislature finds that it would be 13 equitable for the State to share apart of the public service 14 company tax revenues with the counties to compensate them for 15 unrealized real property tax revenues without incurring 16 significant additional administrative costs and burdens. The 17 purpose of this Act is to provide the respective counties with 18 revenues collected under the public service company tax which are 19 in lieu of real property taxes. HB LRB 99-1565 OCS/HON PSCTAX.B99 Paget H.B. NQ. I~1~- 1 SECTION 2. Section 239-10, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "5239-10 DisDosftion of revenues. _Sal_ All taxes collected 4 under this chapter shall be state realizations[.]; provided that 5 after June 30. 1999, the amount of taxes collected under section 6 239-5(a) and (b) from lew and assessment after June 30 1998 in 7 excess of four Der cent of a public service company's cross 8 income shall be kept by the state director of finance in special. 9 accounts in the state treasury Out of these special accounts 10 the state director of finance in carrying out this section shall lldeduct any cost incurred by the state director of finance and 12 then shall pay the remaining balance to each county as provided 13 in this section. The payments made by the state director of 14 finance to a county shall be made within five months of the end 15 of the applicable fiscal year. 16 1b) The director of taxation shall establish by August 1 of 17 each year that portion of taxes collected during the state fiscal 1H year under section 239-5(a) and (b) to be Daid into the special 19 accounts, and the county, except for the county of Kalawao to 20 which the taxes should be distributed. The amount of taxes in 21 the special accounts to be paid over to each county shall be 22 based upon the proportional contribution of actual tax receipts 23 generated under this chapter within each county, taking into HB LRB 99-1565 OCS/HON PSCTAX.B99 Page3 H.B. Nom, I~j/I laccount a proportionate share of refunds to taxpayers and 2 contincrent liabilities, such as tax appeals. 3 (c) No county shall have the right to appeal any assessment 4 of the public service company tax on a public utility subiect to 5 section 239-5, nor shall any county have any access to any tax 6 returns or tax return information submitted to the department of 7 taxation under this chapter." 8 SECTION 3. If any provision of this Act, or the application 9 thereof to any person or circumstance is held invalid, the 10 invalidity does not affect other provisions or applications of llthe Act which can be given effect without the invalid provision 12 or application, and to this end the provisions of this Act are 13 severable. 14 SECTION 4. Statutory material to be repealed is bracketed. 15 New statutory material is underscored. 16 SECTION 5. This Act shall take effect on July 1, 1999. 17 18 INTRODUCED BY : ' " ~ BY REQUEST: ~uN 2 d 199ys HB LRB 99-1565 OCS/HON PSCTAX.B99 N~i~i~I REPORT TITLE: Public Service Company; Tax DESCRIPTZON: Authorizes state director of finance to allocate part of the public service company tax revenues with the counties. HB LRB 99-1565 OCS/HON PSCTAX.B99