HomeMy WebLinkAboutRES 240 Draft 01 2022-2024 •"., of..44;•.••
COUNTY OF HAWAII : ..i "=-••�/I• STATE OF HAWAII
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RESOLUTION NO. 240 23
A RESOLUTION APPROVING THE HAWAI`I COUNTY COUNCIL LEGISLATIVE
PROPOSALS AND PRIORITIES TO BE CONSIDERED FOR INCLUSION IN THE
2024 HAWAI`I STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE.
WHEREAS, in October 2023,the Hawai`i State Association of Counties (HSAC)
Executive Committee will evaluate legislative proposals and priorities from each county for
inclusion in the 2024 HSAC Legislative Package that will be presented to the Hawai`i State
Legislature when it convenes in January 2024; and
WHEREAS, each proposal and priority must be approved by an HSAC member county
prior to consideration by the HSAC Executive Committee; and
WHEREAS,timely action is necessary for Hawai'i County Council to approve proposals
and priorities to be considered for the 2024 HSAC package; and
WHEREAS, legislative proposals submitted by Hawai'i County Council are listed below
and copies attached hereto as Exhibit A:
1. A Draft Bill for an Act Relating to Preemption and the Regulation of Tobacco
Products (Repeal)
2. A Draft Bill for an Act Relating to Traffic Regulation; and
WHEREAS, legislative priorities submitted by the Hawai'i County Council are listed
below:
1. Legislation related to allowing counties to enact and enforce ordinances regulating
persons who own,harbor, or keep any dog that has injured, maimed, or killed a
. person or an animal belonging to another person,
2. Legislation related to supporting efforts to legally sell or donate wild-caught ungulate
meat including, but not limited to, increasing meat inspectors on rural islands,
3. Legislation related to supporting additional pathways for midwifery licensure and
legalization of traditional midwifery,
4. Legislation related to supporting extended producer responsibility with regards to
solid waste,
5. Legislation related to increasing the number of mental health service providers for
children and adolescents in rural counties,
6. Legislation related to financing residential cesspool conversions; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that the
legislative proposals as presented in Exhibit A and the legislative priorities listed above are
hereby submitted to be considered for inclusion in the 2024 Hawai`i State Association of
Counties Legislative Package.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the President and Secretary of the Hawai`i State Association of Counties.
Dated at , Hawai`i, this day of , 20_
INTRODUCED BY:
UNCIL MEMB R, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EVANS
GALIMBA
I hereby certify that the foregoing RESOLUTION was by INABA
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA
County of Hawai`i on
KANEAL I`I-KLE INFELDER
KIERKIEWICZ
ATTEST: KIMBALL
LEE LOY
VILLEGAS
Reference: C-426/GOEAC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 240 23
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EXHIBIT A
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REVISED:
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A BILL FOR AN ACT
RELATING TO THE REGULATION OF TOBACCO PRODUCTS.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 a
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2 SECTION 1. The legislature finds that tobacco use remains the 8
3 leading cause of preventable death in the United States and in
4 Hawaii. Recent years have brought a precipitous increase in t '
5 consumer sales of electronic smoking devices, sometimes called
6 "vapes", and one inhalation of these products can contain many f
7 times more nicotine than a conventional cigarette. Electronic £ 1
8 smoking devices have played a major role in increased rates of ; 1
9 youth nicotine addiction, which had been previously on the
10 decline. a
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12 This increased youth tobacco prompted Hawaii to adopt laws to
13 increase the smoking age to 21 years old, and treat electronic a
14 cigarettes in the same manner as the state treats conventional 1
15 cigarettes for purposes of clean indoor air laws. The state and I
16 the County of Hawaii, County of Maui, and City and County of
17 Honolulu have also adoptedsmokingincluding a
p policies to ban - 4
18 electronic cigarette use - at state and county beaches and i
19 parks. k
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21 In 2018, in order to ensure uniform regulations on tobacco
22 sales, the legislature passed Act 206, which, in part, declared t
23 the sale of cigarettes, tobacco products, and electronic smoking x
24 devices a matter of statewide concern, and nullified any
25 existing local ordinances or policies that restricted the 'sale .
26 of these products. However, the legislature finds that since the
27 Act' s passage, youth tobacco use has continued to increase to 0
28 epidemic levels. According to the 2019 Hawaii Youth Risk s
29 Behavior Survey, thirty-one per cent of middle school students
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30 and forty-eight per cent of public high school students had
31 tried electronic smoking devices. The 2019 Hawaii Youth Risk
32 Behavior Survey also indicates that eighteen per cent of middle
33 school students and thirty-one per cent of high school students I
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34 currently vape.
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36 The legislature further finds that in order to end this youth
37 vaping epidemic, the state must work in concert with youth,
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38 parents, and educational institutions, and laws must be changed
39 at all levels of government to establish reasonable restrictions ' I
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40 on the sale of and access to these addictive products. 1
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42 Accordingly, the purpose of this Act is to reauthorize the :
43 counties to enact restrictions of the sales of tobacco products,
44 including electronic smoking devices, by inserting a sunset date 4
45 into Act 206, Session Laws of Hawaii 2018.
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48 SECTION 2. Section §328J-11. 5, Hawaii Revised Statutes, is 1
49 repealed. 3
50
51 [Statewide concern. (a) Sales of cigarettes, tobacco products,
52 and electronic smoking devices arc a statewide concern. It in 1 a
53 thc intcnt of thc legislature to regulate the .gale of s• 3
54 cigarcttcs, tobacco products, and electronic smoking devices in
55 c uniform and exclusive manner. 1
56 (b) All local ordinances or regulations that regulate
57 the sale of cigarcttcs, tobacco products, and cicctronic smoking
58 devices arc preempted, and existing local laws and regulations a
59 conflicting with this chapter arc null and void.
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60 (c) Nothing in this chapter shall be construed to
61 limit a county's authority under section 328J 15. ]
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63 SECTION 3. Statutory material to be repealed is bracketed and 1
64 stricken.
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66 SECTION 4. This Act shall take effect upon approval.
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REVISED:
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A BILL FOR AN ACT
RELATING TO TRAFFIC REGULATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The Legislature hereby finds over time, the
2 counties have received ownership of various streets, highways,
3 thoroughfares, and roadways through conveyance, dedication, or
4 other means, which were not originally constructed to meet the
5 rigorous safety standards required and lack the necessary safety
6 standards for unregulated use. Despite efforts undertaken by the
7 counties to uphold the safety of these streets, highways,
8 thoroughfares, and roadways, these efforts cannot wholly
9 mitigate the inherent risks posed by their non-standard designs .
10 It is incumbent upon the State to ensure the safety and well-
11 being of its residents and visitors . It is the intent of this
12 legislation to grant counties the authority to impose
13 restrictions on the manner of use of such roadways to mitigate
14 safety hazards .
15 In instances where the counties determine that public safety
16 hazards exist due to the non-standard design of streets,
17 highways, thoroughfares, and roadways, the counties may, with
18 the goal of ensuring public safety, impose specific restrictions
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19 on the manner of use of said streets, highways, thoroughfares,
20 and roadways . Such restrictions may include, but are not limited
21 to, requirements for four-wheel drive vehicles, covered
22 transportation, or mandatory viewing of safety videos .
23 The legislature further finds that the increased utilization of
24 certain streets, highways, thoroughfares, and roadways and their
25 surrounding areas has resulted in an influx of traffic that
26 exceeds their original design capacity, thereby endangering both
27 travelers and the culturally significant and environmentally
28 sensitive sites that they traverse . Recognizing the peril posed
29 by increased traffic on certain roadways to culturally and
30 environmentally sensitive sites, the counties are hereby
31 empowered to establish access limits to safeguard these sites .
32 However, it is explicitly stated that properties exclusively
33 accessible via these roadways shall remain accessible without
34 undue impediment.
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36 SECTION 2 . Section 46-16, Hawaii Revised Statutes, is
37 amended to read as follows :
38 "§46-16 Traffic regulation and control over private
39 streets [—] , hazardous roads, and roads in sensitive areas.
40 (a) Any provision of law to the contrary notwithstanding, any
41 county and its authorized personnel may impose and enforce
42 traffic regulations and place appropriate traffic control
43 devices, and may enforce chapters 249; 286; 287; 291; 291C;
44 291E; 431, articles 10C and 10G; and 486, part III on the
45 following categories of private streets, highways, or
46 thoroughfares, except private roads used primarily for
47 agricultural and ranching purposes :
48 (1) Any private street, highway, or thoroughfare which has
49 been used continuously by the general public for a
50 period of not less than six months; provided that the
51 county shall not be responsible for the maintenance
52 and repair of the private street, highway, or
53 thoroughfare when it imposes or enforces traffic
54 regulations and highway safety laws or places or
55 permits to be placed appropriate traffic control
56 devices on that street, highway, or thoroughfare;
57 provided further that no adverse or prescriptive
58 rights shall accrue to the general public when the
59 county imposes or enforces traffic regulations and
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60 highway safety laws or places appropriate traffic
61 control devices on that street, highway, or
62 thoroughfare; nor shall county consent to the
63 placement of traffic control signs or markings on a
64 private street be deemed to constitute control over
65 that street; and
66 (2) Any private street, highway, or thoroughfare which is
67 intended for dedication to the public use as provided
68 in section 264-1 and is open for public travel but has
69 not yet been accepted by the county.
70 (b) Any county, by ordinance, may regulate or restrict
71 access to a street, highway, thoroughfare, or roadway which:
72 (1) Is known to be hazardous or hazardous under certain
73 conditions, provided that the hazard does not arise
74 due to an act, omission, or gross negligence of the
75 county; or
76 (2) May have a negative impact on a sensitive area,
77 including a critical habitat for threatened or
78 endangered species or lands containing cultural or
79 archaeological sites or resources.
80 No ordinance shall be enacted until a public hearing has been
81 conducted on the proposed ordinance and provided further that
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82 the county shall consult with the department of transportation
83 and department of land and natural resources prior to
84 restricting or regulating access to a street, highway,
85 thoroughfare, or roadway. "
86 SECTION 2 . Statutory material to be repealed is bracketed
87 and stricken. New statutory material is underscored.
88 SECTION 3 . This Act shall take effect upon its approval.
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91 INTRODUCED BY:
92 BY REQUEST
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94 Report Title:
95 [Click here and type Report Title (1 line limit) ]
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97 Description:
98 [Click here and type Description (5 line limit) ]
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103 The summary description of legislation appearing on this page is for informational purposes only and is
104 not legislation or evidence of legislative intent.
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