HomeMy WebLinkAboutRES 356 Draft 01 2022-2024 ...-',..,..-?.t.-„?'''''''''''''''''''''.,
COUNTY OF HAWAI`I ,•4 .fi:1• STATE OF HAWAI`I
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RESOLUTION NO. 356 23
A RESOLUTION APPROVING LEGISLATIVE PROPOSALS AND PRIORITIES FOR
INCLUSION IN THE 2024 HAWAI`I STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE.
WHEREAS, at its meeting on October 26, 2023, the Hawai`i State Association of
Counties (HSAC) Executive Committee approved for inclusion in the 2024 HSAC Legislative
Package two proposals from the County of Hawaii, and one proposal each from the County of
Maui and the City and County of Honolulu; and
WHEREAS, at its meeting on October 26, 2023, the HSAC Executive Committee also
approved nine priorities for inclusion in the 2024 HSAC Legislative Package; and
WHEREAS, each proposal and priority must be approved by all four county councils to
be included in the 2024 HSAC Legislative Package, which will be presented to the Hawai`i State
Legislature when it convenes in January 2024; and
WHEREAS,timely action is necessary for all counties to approve the legislative
proposals and priorities to be included in the final package; and
WHEREAS, legislative proposals submitted by the counties are listed below, and copies
of the proposed bills and resolution are attached hereto as Exhibit A:
1. A Bill for an Act Relating to Family Leave (proposed by the County of Maui),
2. A Bill for an Act Relating to Tobacco Products (proposed by the City and County of
Honolulu),
3. A Bill for an Act Relating to Traffic Regulation(proposed by the County of Hawai`i),
4. A Bill for an Act Relating to Emergency Management(proposed by the County of
Hawai`i); and
WHEREAS, legislative priorities submitted by the HSAC Executive Committee are
listed below and also in the cover letter of Exhibit A:
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 tradition 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 Hawai`i communities,
especially those located in Lava Zones 1 and 2,
8. Legislation related to insurance coverage concerns for Hawai`i 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 HAWAI`I that the
legislative proposals and priorities as presented in Exhibit A are hereby approved 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 Kona , Hawai`i, this 15th day of November , 20 23 .
INTRODUCED BY:
_COUNCIL MEMBER, OUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EVANS X
GALIMBA X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X
County of Hawaii on November 15, 2023
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
LEE LOY X
VILLEGAS X
7 0 2 0
111111111401. - Reference: C-589/Waived GOEAC
TY CL E- RPERSON&PRESIDING OFFICER RESOLUTION NO. 356 23
2
EXHIBIT A
Hawaii State Association of Counties (HSAC)
Counties of Kauai, Maui, Hawaii, and City & County of Honolulu
Website: hawaiicounties.org i Email: hsac0hawaiicounties.org
October 27, 2023
Aloha Chair,
Attached for your consideration are proposals to be included in the 2024 Hawai'i State
Association of Counties (HSAC) Legislative Package, which were approved by the HSAC
Executive Committee on October 26, 2023. Please note that pursuant to Section 10C of the
Bylaws of the Hawaii State Association of Counties, Inc., proposals must be approved by all
four County Councils in order to be included in the final package.
2024 HSAC LEGISLATIVE PACKAGE
1. A Bill For An Act Relating to Family Leave. (Proposed by the County of Maui).
2. A Bill For An Act Relating to Tobacco Products. (Proposed by the Honolulu City and
County).
3. A Bill For An Act Relating to Traffic Regulation. (Proposed by the County of Hawai `i).
4. A Bill For An Act Relating to Emergency Management. (Proposed by the County of
Hawai `i).
Legislative Priorities:
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,
Page 2
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 Hawai `i communities, especially
those located in Lava Zones 1 and 2,
8. Legislation related to insurance coverage concerns for Hawai `i 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.
Your attention to this matter is greatly appreciated. Should you have any questions please contact
hsac(a hawancounties.on�.
Mahalo,
Bernard Carvalho, Jr.
HSAC President
Exhibit "A"
.B. NO.
A BILL FOR AN ACT
RELATING TO FAMILY LEAVE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
l SECTION 1. The legislature finds that Hawaii's state and
2 county employed workforce are not adequately supported during
3 times of birth, adoption, or fostering a new child and
4 caregiving a family member during illness. While the Federal
5 Employee Paid Leave Act of 2019 allows twelve weeks of paid
6 leave to federal employees, Hawaii's state and county employees
7 are not given the same opportunity and can struggle to afford to
8 take unpaid leave to care for a child or an elderly family
9 member with a serious health condition. Hawaii state and county
10 employees are currently covered by the Federal Medical Leave Act
11 and the Hawaii Family Leave Law, which allows for a leave time
12 period of twelve weeks and four weeks, respectively; however,
13 the leave is unpaid. State and county employees have the option
14 to use up accrued vacation or sick pay, the amount of which will
15 depend on time of service or prior use.
16 Seven in ten keiki have both married parents or a single
17 parent in the workforce, leaving no full-time caregiver. Women,
18 as primary caregivers of infants, children, and elderly parents,
23-183d
Page 2 . B . NON
1 are affected disproportionately by the unavailability of paid
2 family and medical leave. According to the Hawaii Children's
3 Action Network, paid family leave is associated with a 20 per
4 cent decrease in infant mortality.
5 Hawaii has the fastest growing population of individuals
6 over the age of sixty-five in the nation, and that number is
7 expected to grow even further by the year 2030. Of those who
8 would benefit from paid family leave, nearly one-third would
9 take those leave benefits to care for an ill spouse or elderly
10 parent. In short, most workers, at some point, will need to take
11 time off to care for an ill or aging family member, the majority
12 of which are women, but very few can afford it.
13 The legislature further finds that providing these benefits
14 to state and county employees could enhance recruitment and
15 retention of employees, fulfill the government's role as a model
16 employer, significantly impact the bonding between a newborn,
17 adopted, or new foster child and its parent, and reduce stress
18 and the negative impacts of not guaranteeing parental and family
19 paid leave to mothers and low-income and economically
20 disadvantaged employees and their children or elderly or sick
21 loved ones.
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Page 3
.B. NO.
1 The purpose of this Act is to establish paid parental and
2 family leave so that all state and county employees can access
3 leave benefits during times when they need to provide care for a
4 family member.
5 SECTION 2. Chapter 78, Hawaii Revised Statutes, is amended
6 by adding a new part to be appropriately designated and to read
7 as follows:
8
"PART PAID FAMILY LEAVE
9 §78-A Definitions. As used in this part, unless the
10 context otherwise requires:
11 "Child" means an individual who is a biological, adopted,
12 or foster son or daughter; a stepchild; or a legal ward of an
13 employee.
14 "Health care provider" means a physician as defined under
15 section 386-1.
16 "Parent" means a biological, foster, or adoptive parent, a
17 parent -in-law, a stepparent, a legal guardian, a grandparent, or
18 a grandparent -in-law.
19 "Qualified employee" means an employee who has completed at
20 least 1,250 hours of service over at least twelve months of
21 service as an employee.
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Page ■B■ NO.
l "Reduced leave schedule" means a leave schedule that
2 reduces the usual number of hours per workweek or hours per
3 workday of a qualified employee.
4 "Serious health condition" means an illness, injury,
5 impairment, or physical or mental condition that involves:
6 (1) Inpatient care at a hospital, hospice, or residential
7 medical care facility; or
8 (2) Continuing treatment by a health care provider.
9 "Sibling" means an individual who is a biological, adopted,
10 or foster brother or sister; or a stepbrother or stepsister of
11 an employee.
12 §78 -B Paid family leave; general requirements. ( a ) A
13 qualified employee shall be entitled to a total of twelve weeks
14 of paid leave during any twelve-month period for one or more of
15 the following:
16 (1) The birth of a child of the qualified employee and in
17 order to care for the child;
18 (2) The placement of a child with the qualified employee
19 for adoption or foster care; or
20 (3) To care for the qualified employee's spouse,
21 reciprocal beneficiary, child, grandchild, parent, or
22 sibling if the spouse, reciprocal beneficiary, child,
23-183d
Pages .B. NO.
1
grandchild, parent, or sibling has a serious health
2
condition.
3
(b)
The entitlement to leave under subsection (a) (1) or
4
(2) shall
expire at the end of the twelve-month period beginning
5
on the date of birth or placement of the child.
6
(c)
Leave under subsection (a) (1) , (2) , and ( 3 ) may be
7
taken intermittently or on a reduced leave schedule when
8
medically
necessary; provided that:
9
(1)
Any hours of leave taken shall be subtracted from the
10
total amount of leave remaining available to the
11
qualified employee under subsection (a), for purposes
12
of the twelve-month period involved, on an hour-for-
13
hour basis;
14
(2)
If a qualified employee requests intermittent leave or
15
leave on a reduced leave schedule that is foreseeable
16
based on planned medical treatment, the employer may
17
require the qualified employee to transfer temporarily
18
to an available alternative position offered by the
19
employing agency for which the qualified employee is
20
qualified and that:
21
(A) Has equivalent pay and benefits; and
23-183d
Page 6
.B. NO.
1 (B) Better accommodates recurring periods of leave
2 than the regular employment position of the
3 qualified employee; and
4 (3) The qualified employee complies with subsection (j)
5 and section 78-C (a) (5) .
6 (d) A qualified employee taking leave under this section
7 may elect to use one of the following types of paid leave:
8 (1) Twelve administrative workweeks of paid family leave
9 under this paragraph in connection with the birth or
10 placement involved; or
11 (2) During the twelve-month period referred to in
12 subsection (a), and in addition to the twelve
13 administrative workweeks under paragraph (1), any
14 leave accrued or accumulated by the qualified
15 employee;
16 provided that nothing in this subsection shall be construed to
17 require that a qualified employee first use all or any portion
18 of the leave described in paragraph (2 ) before being allowed to
19 use paid parental leave described in paragraph (1); provided
20 further that nothing in this section shall require an employer
21 to provide paid sick leave in any situation in which the
22 employer would not normally provide paid leave.
23-183d
Page 7
.B. NO.
1 (e) Paid family leave taken under subsection (d) (1) :
2 (1) Shall be payable from any appropriation or fund
3 available for salaries or expenses for positions
4 within the employing agency;
5 (2) Shall not be considered to be vacation leave or any
6 other type of leave; and
7 (3) If not used by the qualified employee before the end
8 of the twelve-month period described in subsection (a)
9 to which it relates, shall not accumulate for any
10 subsequent use.
11 Nothing in this subsection shall be construed to modify the
12 requirement that the qualified employee complete at least twelve
13 months of service as an employee, as described in the definition
14 of "qualified employee" in section 78-A, before becoming
15 eligible to take leave pursuant to this part.
16 (f) If a qualified employee fails to return from paid
17 leave provided under subsection (e) (1) after the date the leave
18 concludes, the employing agency may recover from the qualified
19 employee an amount equal to the total amount of government
20 contributions paid by the agency on behalf of the qualified
21 employee for maintaining the qualified employee's health
22 coverage during the period of the leave; provided that this
23-183d
Page .B. NO.
l subsection shall not apply to a qualified employee who fails to
2 return from leave due to:
3 (1) The continuation, recurrence, or onset of a serious
4 health condition, including a mental health condition;
5 or
6 (2) Any other circumstance beyond the control of the
7 qualified employee.
8 (g) In any case in which the necessity for leave under
9 subsection (a) (1) or (2 ) is foreseeable based upon an expected
10 birth or placement, the qualified employee shall provide the
11 employer with not less than thirty days' notice before the date
12 the leave is to begin of the qualified employee's intention to
13 take leave, except that if the date of the birth or placement
14 requires leave to begin in less than thirty days, the qualified
15 employee shall provide as much notice as is practicable.
16 (h) In any case in which the necessity for leave under
17 subsection (a) (3) is foreseeable based on planned medical
18 treatment, the qualified employee:
19 (1) Shall make a reasonable effort to schedule the
20 treatment so as not to disrupt unduly the operations
21 of the employer, subject to the approval of the health
23-183d
Page 9 . B . NON
care provider of the child, spouse, parent, or sibling
2
of the qualified employee, as appropriate; and
3
(2)
Shall provide the employer with not less than thirty
4
days' notice before the date the leave is to begin of
5
the qualified employee's intention to take leave,
6
except that if the date of the treatment requires
7
leave to begin in less than thirty days, the qualified
8
employee shall provide as much notice as is
9
practicable.
10
(i)
The State or county may establish regulations to
11
increase
the amount of leave available to an employee under
12
subsection (a) to a total of not more than 16 administrative
13
workweeks, based on the consideration of:
14
(1)
The benefits provided to the State or county
15
government of increasing such leave, including
16
enhanced recruitment and retention of employees;
17
(2 )
The government's role as a model employer;
18
(3)
The impact of increased leave on lower -income and
19
economically disadvantaged employees, the majority of
20
those affected being women;
21
(4)
The benefits of parental bonding provided to the
22
child; and
23-183d
Page 10
.B. NO.
1 (5) Such other factors as the State or county considers
2 necessary.
3 §78-C Paid family leave; certification requirements. (a)
4 An employing agency may require that a request for leave under
5 section 78-B(a)(3) be supported by certification issued by the
6 health care provider of the child, spouse, parent, or sibling of
7 the qualified employee. The qualified employee shall provide,
8 in a timely manner, a copy of the certification to the employing
9 agency. A certification shall be sufficient if it states:
10 (1) The date on which the serious health condition
11 commenced;
12 (2) The probable duration of the condition;
13 (3) The appropriate medical facts within the knowledge of
14 the health care provider regarding the condition;
15 (4) A statement that the qualified employee is needed to
16 care for the child, spouse, parent, or sibling, and an
17 estimate of the amount of time that the qualified
18 employee is needed to care for the child, spouse,
19 parent, or sibling; and
20 (5) In the case of certification for intermittent leave,
21 or leave on a reduced leave schedule, for planned
22 medical treatment, the dates on which the treatment is
23-183d
Page 11
.B. NO.
1 expected to be given and the duration of the
2 treatment.
3 (b) In any case in which the employer has reason to doubt
4 the validity of the certification provided under subsection (a) ,
5 the employer may require, at the expense of the agency, that the
6 qualified employee obtain the opinion of a second health care
7 provider designated or approved by the employing agency
8 concerning any information certified under subsection (a) for
9 the leave. Any health care provider designated or approved
10 pursuant to this subsection shall not be employed on a regular
11 basis by the employing agency.
12 (c) In any case in which the second opinion described in
13 subsection (b) differs from the original certification provided
14 under subsection (a), the employing agency may require, at the
15 expense of the agency, that the qualified employee obtain the
16 opinion of a third health care provider designated or approved
17 jointly by the employing agency and the qualified employee
18 concerning the information certified under subsection (a) . The
19 opinion of the third health care provider concerning the
20 information certified under subsection (a) shall be considered
21 to be final and shall be binding on the employing agency and the
22 qualified employee.
23-183d
Page 12
.B. NO.
1 (d) The employer may require, at the expense of the
2 agency, that the qualified employee obtain subsequent
3 recertifications on a reasonable basis.
4 §78-D Paid family leave; protection of employment and
5 benefits. ( a ) Any qualified employee who takes leave under
6 section 78-B for the intended purpose of the leave shall be
7 entitled, upon return from the leave:
8 (1) To be restored by the employer to the position held by
9 the qualified employee when the leave commenced; or
10 (2) To be restored to an equivalent position with
11 equivalent benefits, pay, status, and other terms and
12 conditions of employment.
13 (b) The taking of leave under section 78-B shall not
14 result in the loss of any employment benefit accrued prior to
15 the date on which the leave commenced.
16 (c) Except as otherwise provided by law, nothing in
17 subsections (a) or (b) shall be construed to entitle any
18 restored qualified employee to:
19 (1) The accrual of any employment benefits during any
20 period of leave; or
21 (2) Any right, benefit, or position of employment other
22 than any right, benefit, or position to which the
23-183d
Page 13
.B. NO.
1 qualified employee would have been entitled had the
2 qualified employee not taken the leave.
3 (d) Nothing in this section shall be construed to prohibit
4 an employing agency from requiring a qualified employee on leave
5 under this section to report periodically, but no more than
6 twice a month, to the employer on the status and intention of
7 the qualified employee to return to work.
8 §78-E Paid family leave; prohibition of coercion. (a) An
9 employee shall not directly or indirectly intimidate, threaten,
10 or coerce, or attempt to intimidate, threaten, or coerce, any
11 other employee for the purpose of interfering with the exercise
12 of any rights that the other employee may have under this part.
13 (b) For purposes of this section:
14 "Intimidate, threaten, or coerce" includes promising to
15 confer or conferring any benefit, such as appointment,
16 promotion, or compensation; or taking or threatening to take any
17 reprisal, such as deprivation of appointment, promotion, or
18 compensation.
19 §78-F Paid family leave; health insurance. A qualified
20 employee enrolled in a health benefits plan who is placed in a
21 leave status pursuant to this part shall continue to be enrolled
22 in that plan while in the leave status; provided that the
23-183d
Page 14
6B8 NO.
I qualified employee continues to pay any required employee
2 contributions.
3 §78-G Construction. The benefits and protections
4 established by this part shall be in addition to any other
5 benefits or protections offered by other federal, state, or
6 county laws, including the federal Family and Medical Leave Act
7 and chapter 398. Nothing in this part shall be construed to
8 modify, eliminate, or otherwise abrogate any existing leave
9 policies, employment benefits, or protections that employees may
10 have pursuant to any other laws, employment contracts or
11 collective bargaining agreements, to the extent that the laws,
12 contracts,, and agreements provide greater protections than those
13 afforded under this part.
14 §78-H Rules. The director shall adopt rules necessary for
15 the administration of this part.
16 §78-1 Paid family leave for state and county employees.
17 By January 1, 2025, the State and counties shall establish a
18 paid family leave program for state and county employees."
19 SECTION 3. Chapter 78, Hawaii Revised Statutes, is amended
20 by designating sections 78-1 to section 78-65 as Part I, and
21 inserting a title before section 78-1 to read as follows:
22 "PART I. GENERAL PROVISIONS"
23-183d
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.B. NO.
1 SECTION 4. This Act does not affect rights and duties that
2 matured, penalties that were incurred, and proceedings that were
3 begun before its effective date.
4 SECTION 5. New statutory material is underscored.
5 SECTION 6. This Act shall take effect on July 1, 2024.
6
7 INTRODUCED BY:
8
9 paf:jpp:23-183c
23-183d
THIRTY-SECOND LEGISLATURE, 2024
i A NON
STATE of HA I All
A BILL FOR AN ACT
RELATING To TOBACCO PRODUCTS.
BE IT ENACTED THE LEGISLATURE OF THE STATE OF HWAI I
1 SECTION 1. The legislature finds that tobacco use remains
the leading cause of preventable death in the United States,
including Hawaii. The legislature further finds that there has
4 been a precipitous increase in recent consumer sales of
5
6
7
S
12
13
14
electronic smoking devices, sometimes called "vapes" or "e-
cigarettes, " which contain significantly higher levels of
nicotine per inhalation compared to conventional cigarettes.
The escalating use of electronic smoking devices has led to a
significant rise in youth nicotine addiction. These devices
have been linked to severe lung disease, potential harm to brain
development, and acute nicotine poisoning.
The legislature finds that the rate of tobacco use among
youth has increased to epidemic levels. According to the 201
Hawaii State and Counties Youth Risk Behavior Surveys, 30.6 per
15
cent of
public middle school students and 48.3 per cent
of
16
public
high school students have tried using electronic
smoking
EXHIBIT
Page 2
I devices. The survey also revealed that 17.7 per cunt of middle
school students and 30.6 per cent of high school students
currently vape, numbers which have likely only increased.
The legislature also fins that counties are uniquely
positioned to quickly address the health habits of their
communities, such as youth vaping, and have been utilizing that
7 ability to great success. Historically, Hawaii has passed
forward -thinking legislation to address the high usage of
tobacco products. These policies were first adopted at the
10 county level to quickly address the counties' need to protect
11 their communities from the relentless promotional targeting by
12 tobacco companies. Regulations to raise the minimum age for the
13 purchase of tobacco products to twenty-one years of age was
14 first passed in the county of Hawaii, followed by other
15 counties, and finally by the state to create uniformity.
16 Likewise, laws that prohibit smoking in certain locations, as
17 well as in motor vehicles when a keiki is present, were also
18 initially adopted at the county level before the State took
19 action.
20 The legislature also finds that the tobacco companies have
1 spent millions of dollars to ensure that they are developing and
22 marketing products to young people to increase their sales are
[ ::IIMal IW�I
Page
N08
1 ]roost their yearly profits into the tens of billions of dollars.
'these companies have boundless resources to pour into targeting
new generation of addicts. Furthermore, the United States
Food and Drug Administration, which is responsible l for
regulating tobacco products containing nicotine, has a lengthy
authorization process with loopholes, long waiting periods, and
little ability to regulate the ever -changing strategies of
profit -focused tobacco companies.
The legislature acknowledges that section 2 -1.1. a),
10 Hawali Revised statutes, provides that "[s]ales of cigarettes,
11 tobacco products, and electronic smoking devices are a statewide
12 concern" and that it is "the intent of the legislature to
13 regulate the sale of cigarettes, tobacco products, and
14 electronic smoking devices in a uniform and exclusive manner . fq
15 section 28J-11. (b) , Hawaii Revised statues, preempts " [a] 11
16 local ordinances or regulations that regulate the sale of
17 cigarettes, tobacco products, and electronic smoking devices"
18 and voids "existing local laws and regulations conflicting with"
19 chapter 328J, Hawaii Revised Statutes, which is the state law
20 that regulates smoking. The tobacco industry has historically
21 used preemption as a tactic to prevent Local governments from
EXHIBIT
Page
1 adopting stronger tobacco control measures, thereby protecting
its interests at the expense of public health.
Section 2-11. o) , Hawaii Revised statutes, carves out
an exception to the exclusivity of state regulations by setting
forth that nothing in chapter 328J, Hawaii Devised statutes,
"shall be construed to limit a counter's authority" to adopt
7 ordinances; provided that the ordinance is more stringent than
state law. The legislature acknowledges that the language in
section 2 -11. , Hawaii. Revised statues, read together with
10 section 2 -1 , Hawaii Devised statutes, may create an
11 ambigulty in the effectiveness of counter ordinances that are not
12 in conflict with chapter 328J, Hawaii Revised Statues, and the
13 authority given to the counties in adopting ordinances that
14 regulate the sale of cigarettes, tobacco products, and
15 electronic smoking devices in their communities.
16 The legislature finds that an adaptive regulation system is
17 needed to address the multibillion -dollar marketing campaigns of
18 tobacco companies focused on our youth. All levels o
19 government, including counties, need to collaborate with youth,
20 their parents, and educational institutions, to quickly address
1 the tobacco companies' predatory practices through the
Page
.B. NO.
1 implementation of reasonable restrictions on the sale of and
access to these addictive products.
3 Accordingly, the purpose of this Act is to-9
1) Repeal existing law that provides that all local
ordinances or regulations that regulate the sale of cigarettes,
tobacco products, and electronic smoking devices are preempted
7 and that existing local lags and regulations conflicting with
the State law on smoking are null and void; and
9 2Clarify that counties retain the authority to adopt
10 ordinances that regulate the sale of cigarettes, tobacco
11 products, and electronic smoking devices, as long as the
12 ordinances do not conflict with and are more stringent than the
13 State law on smoking.
14 SECTION 2. Section 2 -11 . , Hawaii Revised statutes, is
15 amended to read as follows
1 "[+] 2 -11. [ ] statewide concern, a sales of
17 cigarettes, tobacco products, and electronic smoking devices are
18 a statewide concern. It is the intent of the legislature to
19 regulate the sale of cigarettes, tobacco products, and
20 electronic smo k ing devices in a uniform [ ]
21 manner[.] to the extent reasonably 12ossible.
:WAA 1901
Page V
.B. NO.
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(b) Nothing in this chapter shall be construed t
limit a county's authority [under-1 to enact ordinances that
regulate the sale of cigarettes, tobacco products, and
electronic smoking devices within the county in accordance with
section 2-1.11
10 SECTION 3. Section -1 , Hawaii Revised Statutes, is
11 amended by amending subsection b ) to read as follows:
1 "(b) Nothing in this chapter shall prohibit a county from
13 enacting ordinances that regulate the sale of cigarettes,
14 tobacco products, and electronic smoking devices within the
15 county; Provided that the ordinances do not directly conflict
16 with and are more stringent than the provisions of this
17 chapter."
18 SECTIONThis Act does not affect rights and duties that
19 matured, penalties that were incurred, and proceedings that were
20 begun before its effective date.
1 SECTION 5. statutory material to be repealed is bracketed
22 and stricken. New statutory material is underscored.
EXHIBIT A
Page
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1 SECTION 6. This Act shall take effect upon approval.
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INTRODUCED
ANEWN 11
REVISED:
1ST DRAFT DATE:
N B 0 N 0,K
A BILL FOR AN ACT
RELATING TO TRAFFIC REGULATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWA.II:
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
G 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
34 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
36 SECTION 2 . section 4 6-16, Hawaii Revised Statutes, is
37 amended to read as follows
38 "§46 -l6 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 2 4 9; 2 8 6; 2 8`7 ; 2 91; 2 91C;
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 (l) Any private street, highway, or thoroughfare which has
49 been used continuously by the general public for a
54 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 -(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 fndangBred 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.
89
90
91 INTRODUCED BY:
92 BY REQUEST
93
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 lim'it)
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102
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:
1 ST DRAFT DATE:
NBN NOR
A BILL FOR AN ACT
RELATING TO EMERGENCY MANAGEMENT
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII.
1 SEC`IION 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 1.27.A-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
14 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 lags 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
Page 2
1 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
7 property; authorize that public nuisances be su.=arily
8 abated and., if need be, that the property be
9 destroyed, by any police officer or authorized person,
10 or provide for the cleansing or repair of property,
11 and if the cleansing or repair is to be at the expense
12 of the owner, the procedure therefor shall follow as
13 nearly as may be the provisions of section 322-2,
14 which shall be applicable; and further, authorize
15 without the permission of the owners or occupants,
16 entry on private premises for any such. purposes;
17 (2) Relieve hardships and inequities, or obstructions to
18 the public health, safety, or welfare, found by the
19 governor to exist in the laws and to result from. the
20 operation of federal programs or measures taken under
21 this chapter, by suspending the laws, in whole or in
22 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 f : ]
( A ) [any] 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;
-}- ( B ) t "^ ]'the provisions of any regulatory law
prescribing the procedures for out-of-state
utilities to conduct business in the state
including any licensing lags 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 up to thirty-six months on any property with
substantial damage resulting from., a disaster
under a state of emergency proclaimed by the
governor pursuant to section 127A 14.
�}- (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;
�] ( 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;
(�-] (6 ) Direct and control the mandatory evacuation of the
civilian population;
(7 ) Exercise additional emergency functions to the extent
necessary to prevent hoarding, waste, or destruction
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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;
( 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;
(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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I (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 (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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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.
INTRODUCED BY:
MMMIJ01 F,
XXX-00 (12)
r. ■ '" MO a
Report Title.-
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C13L.Ck: he r e and type Desdrim i
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)