HomeMy WebLinkAboutRES 240 Draft 02 2022-2024RESOLUTION NO.
(DRAFT 2)
A RESOLUTION APPROVING THE HAWAII COUNTY COUNCIL LEGISLATIVE
PROPOSALS AND PRIORITIES TO BE CONSIDERED FOR INCLUSION IN THE
2024 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE.
WHEREAS, in October 2023, the Hawaii 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 Hawaii 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 I-lawai`i County Council to approve proposals
and priorities to be considered for the 2024 HSAC package; and
WHEREAS, legislative proposals submitted by Hawaii County Council are listed below
and copies attached hereto as Exhibit A:
below:
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
A Draft Bill for an Act Relating to Emergency Management; and
WHEREAS, legislative priorities submitted by the Hawaii County Council are listed
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,
7. Legislation related to insurance coverage concerns for Ilawai`i communities,
especially those located in Lava Zones I and 2,
8. Legislation related to insurance coverage concerns for Hawaii communities impacted
by natural disasters including wildfires, hurricanes, and flooding,
9. Legislation related to effectively mitigating and managing invasive species to
safeguard ecosystems, agriculture, and public health and safety; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII 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 Hawaii State Association of
Counties Legislative Package.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the President and Secretary of the Hawaii State Association of Counties.
Dated at Hilo , Hawai`i, this 4th day of October 1 2023_•
INTRODUCED BY:
tdJWIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on October 4, 2023
ATTEST:
C YLE IRPERSON &PRESIDING OFFICER
2
ROLL CALL VOTE
Reference: C-426.4/Council
RESOLUTION NO. 240 23
(DRAFT 2)
AYES NOES ABS EX
EVANS
X
GALIMBA
X
INABA
X
KAGIWADA
X
KANEALI`I-KLEINFELDER
X
KIERKIEWICZ
X
KIMBALL
X
LEE LOY
X
VILLEGAS
X
9 0 0 0
Reference: C-426.4/Council
RESOLUTION NO. 240 23
(DRAFT 2)
I ON Me I
REVISED:
I ST DRAFT DATE:
RELATING TO THE REGULATION OF TOBACCO PRODUCTS.
BE IT EXACTED BY THE LEGISLATURE OF THE STATE OF HAWAII -
1
2 SECTION 1. The legislature finds that tobacco use remains the
3 leading cause of preventable death in the United States and in
4 Hawaii. Recent years have brought a precipitous increase in
5 consumer sales of electronic smoking devices, sometimes called
6 "vapes", and one inhalation of these products can contain many
7 times more nicotine than a conventional cigarette. Electronic
8 smoking devices have played a major role in increased rates of
9 youth nicotine addiction, which had been previously on the
10 decline.
11
12 This increased youth tobacco prompted Hawaii to adopt laws to
13 increase the smoking age to 21 years old, and treat electronic
14 cigarettes in the same manner as the state treats conventional
15 cigarettes for purposes of clean indoor air laws. The state and
16 the County of Hawaii, County of Maui, and City and County of
17 Honolulu have also adopted policies to ban smoking - including
18 electronic cigarette use - at state and county beaches and
19 parks.
20
21 In 2018, in order to ensure uniform regulation's on tobacco
22 sales, the legislature passed Act 206, which, in part, declared
23 the sale of cigarettes, tobacco products, and electronic smoking
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
28 epidemic levels. According to the 2019 Hawaii Youth Risk
29 Behavior Survey, thirty-one per cent of middle school students
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
34 currently vape.
35
36 The legislature further finds that in order to end this youth
37 vaping epidemic, the state must work -in concert with youth,
38 parents, and educational institutions, and laws must be changed
39 at all levels of government to establish reasonable restrictions
40 on the sale of and access to these addictive products.
41
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
45 into Act 206, Session Laws of Hawaii 2018.
46
47
48 SECTION 2. Section 3328j-11.5, Hawaii Revised Statutes, is
49 repealed.
50
51 [, tebaeee pEe&*et--�
52 and eleetr-eiile si:Re!cj:Rq deviees aEe a statewide een:eer-R. I t i -e
53 �__he ef the legislatiare te 2�ej:alate the sale ef
64 elgar-ettes, tebaeee predidete, afid eleetrenie smaking deviees
55 a tinifei=Fa and e*eltaa t'e
56
et-44!naftees er r-ega]:atj:ene that- r-egialate
57 the sale ef elffarettes, tebaeee pEeddets, and eleetEenle sfftek4r1+j
58 deviees aiFe pr-eefRpted, and existig leeal iaws and regidiatiens
59 eenf:1A:et!nff with t-hd!s ehaptzer- aL-e Miall and veld.
60 (e) Nething in this ehapter- shall be se=stEiaed te
61 llffi:it a eei:intyls u=:EleE seetjea 3 2 8 i 15.]
62
63 SECTION 3. Statutory material to be repealed is bracketed and
64 stricken.
65
66 SECTION 4. This Act shall take effect upon approval.
REVISED:
I ST DRAFT DATE:
KBN NOR
A BILL FOR AN ACT
RELATING TO TRAFFIC REGULATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION I. 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.
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It is
incumbent upon the State to ensure
the safety and well -
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being
of its residents and visitors. It
is the intent of this
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legislation to grant counties the authority to impose
restrictions on the manner of use of such roadways to mitigate
safety hazards.
In instances where the counties determine that public safety
hazards exist due to the non-standard design of streets,
highways, thoroughfares, and roadways, the counties may, with
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.
35
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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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highway safety laws or places appropriate traffic
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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
Any county, by ordinance, may regulate or restrict
71
-(b)
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
Page 5
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.
89
90
91 INTRODUCED BY:
92 BY REQUEST
93
94 Report Title:
95 [Click here and type Report Title (1 line limit)]
96
97 Description:
98 [Click here and type Description (5 line limit)]
99
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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.
XXX -00(12)
REVISED:
1ST DRAFT DATE:
....... .. .. . ...... . - -.B. NO.
A BILL FOR AN ACT
RELATING TO EMERGENCY MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
I SECTION 1. Section 127A-13, Hawaii Revised Statutes, is
2 amended by amending subsection (a) to read as follows:
3 "(a) In the event of a state of emergency declared by the
4 governor pursuant to section 127A-14, the governor may exercise
5 the following additional powers pertaining to emergency
6 management during the emergency period:
7 (1) Provide for and require the quarantine or segregation
8 of persons who are affected with or believed to have
9 been exposed to any infectious, communicable, or other
10 disease that is, in the governor's opinion, dangerous
11 to the public health and safety, or persons who are
12 the source of other contamination, in any case where,
13 in the governor's opinion, the existing laws are not
14 adequate to assure the public health and safety;
15 provide for the care and treatment of the persons;
16 supplement the provisions of sections 325-32 to 325-38
17 concerning compulsory immunization programs; provide
18 for the isolation or closing of property which is a
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I source of contamination or is in a dangerous condition
2 in any case where, in the governor's opinion, the
3 existing laws are not adequate to assure the public
4 health and safety, and designate as public nuisances
5 acts, practices, conduct, or conditions that are
6 dangerous to the public health or safety or to
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property; authorize that public nuisances be summarily
abated and, if need be, that the property be
destroyed, by any police officer or authorized person,
or provide for the cleansing or repair of property,
and if the cleansing or repair is to be at the expense
of the owner, the procedure therefor shall follow as
nearly as may be the provisions of section 322-2,
which shall be applicable; and further, authorize
without the permission of the owners or occupants,
entry on private premises for any such purposes;
(2) Relieve hardships and inequities, or obstructions to
the public health, safety, or welfare, found by the
governor to exist in the laws and to result from the
operation of federal programs or measures taken under
this chapter, by suspending the laws, in whole or in
part, or by alleviating the provisions of laws on such
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terms and conditions as the governor may impose,
including licensing laws, quarantine laws, and laws
relating to labels, grades, and standards;
(3) Suspend{:]
(A) []Any law that impedes or tends to impede or be
detrimental to the expeditious and efficient
execution of, or to conflict with, emergency
functions, including laws which by this chapter
specifically are made applicable to emergency
personnel;
[44-}-](B) [Suspend—tire] The provisions of any regulatory law
prescribing the procedures for out-of-state
utilities to conduct business in the State
including any licensing laws applicable to out-
of-state utilities or their respective employees,
as well as any order, rule, or regulation of any
state agency, if strict compliance with the
provisions of any such law, order, rule, or
regulation would in any way prevent, hinder, or
delay necessary action of a state utility in
coping with the emergency or disaster with
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assistance that may be provided under a mutual
assistance agreement; and
(C) The mortgage foreclosure provisions of chapter
667 uo to thirty-six months on anv property with
substantial damacre resultinq from a disaster
under a state of emergency proclaimed by the
Governor pursuant to section 127A-14.
[4-5+](4) In the event of disaster or emergency beyond local
control, or an event which, in the opinion of the
governor, is such as to make state operational control
necessary, or upon request of the local entity, assume
direct operational control over all or any part of the
emergency management functions within the affected
area;
[44-)-](5) Shut off water mains, gas mains, electric power
connections, or suspend other services, and, to the
extent permitted by or under federal law, suspend
electronic media transmission;
[4-7+](6) Direct and control the mandatory evacuation of the
civilian population;
[4--8+](7) Exercise additional emergency functions to the extent
necessary to prevent hoarding, waste, or destruction
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NILa
of materials, supplies, commodities, accommodations,
facilities, and services, to effectuate equitable
distribution thereof, or to establish priorities
therein as the public welfare may require; to
investigate; and notwithstanding any other law to the
contrary, to regulate or prohibit, by means of
licensing, rationing, or otherwise, the storage,
transportation, use, possession, maintenance,
furnishing, sale, or distribution thereof, and any
business or any transaction related thereto;
[+9+](8) Suspend section 8-1, relating to state holidays,
except the last paragraph relating to holidays
declared by the president, which shall remain
unaffected, and in the event of the suspension, the
governor may establish state holidays by proclamation;
[(19)](9) Adjust the hours for voting to take into consideration
the working hours of the voters during the emergency
period, and suspend those provisions of section 11-131
that fix the hours for voting, and fix other hours by
stating the same in the election proclamation or
notice, as the case may be;
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WIN-®RMIN
1 (11) ] (10) Assure the continuity of service by critical
2 infrastructure facilities, both publicly and privately
3 owned, by regulating or, if necessary to the
4 continuation of the service thereof, by taking over
5 and operating the same; and
6 [(12)](11)Except as provided in section 134-7.2, whenever in the
7 governor's opinion, the laws of the State do not
8 adequately provide for the common defense, public
9 health, safety, and welfare, investigate, regulate, or
10 prohibit the storage, transportation, use, possession,
11 maintenance, furnishing, sale, or distribution of, as
12 well as any transaction related to, explosives,
13 firearms, and ammunition, inflammable materials and
14 other objects, implements, substances, businesses, or
15 services of a hazardous or dangerous character, or
16 particularly capable of misuse, or obstructive of or
17 tending to obstruct law enforcement, emergency
18 management, or military operations, including
19 intoxicating liquor and the liquor business; and
20 authorize the seizure and forfeiture of any such
21 objects, implements, or substances unlawfully
22 possessed, as provided in this chapter."
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0 "on
I SECTION 2. Statutory material to be repealed is bracketed
2 and stricken. New statutory material is underscored.
3 SECTION 3. This Act shall take effect upon its approval.
4
5 INTRODUCED BY:
6
7
BY REQUEST
N 11
I aw—M Nei
Report Title:
[Click here and type Report Title (1 line limit)]
Description:
[Click here and type Description (5 line limit)]
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent,
XXX -00(12)