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Home My WebLink AboutCOM 0417.000 2000-2002 JAMES Y. ARAKAKI J~qv a~s "gae~ AARON S.Y. CHUNG Chairman & Presiding ~cer ~ • ` BOBBY JEAN LEITHEAD-TODD ,i LENINGRAD ELARIONOFF J. CURTIS TYLER, III ~ JULIE JACOBSON ~f~•~+ NANCYPISICCHIO Vice Chairman Mo • ra Q° GARY SAFARIK DOMINIC YAGONG COUNTY COUNCIL County of Hawai "i Hawai "i County Building 25 Aupuni Street i"J Hilo, Hawai"i 96720 "j ~ November 7, 2001 r:. James Y. Arakaki, Chair ' ` Hawaii County Council - 25 Aupuni Street y Hilo, Hawaii 96720 RE: 2002 HSAC Legislative Package for County Council Approval Pursuant to Section 1(g) of Rule ~ of the Rules of Procedure of the Council of the County of Hawaii, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Public Works and Intergovernmental Relations to the full Council for immediate action. In its meeting minutes of October 8, 2001, the HSAC Executive Committee agreed to recommend that each council of member counties approve the legislative package outlined in item "V. Unfinished Business, Consideration of Proposals for the 2002 HSAC Legislative Package" (attached). In reviewing this matter, timely approval by the full Council is crucial. It is therefore advantageous that approval is granted and the matter placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be refetTed to the Committee on Public Works and Intergovernmental Relations for placement on its future agenda. Sincerely, ( r, e Leningrad Elari noff; Chair Committee on Public orks and Intergovernmental Relations A~pro d/Date/Waive ou~ Disapproved/Date/Refer to PWIRC: e Arak i, Chair James Y. Arakaki, Chair k-Iawai' County Council Hawaii County Council Comm. )`Io, 1~ File Na.. IZef. To• lief. I~~l;~ ~"r"t~tit ill ~~°1 ~ 1 ~OU~ties ~€1C~u~i,1\/laui Hawaii, City ~®unty ®f ~lanOlulu DP /~py11i, p~, . pp ~0. 4 ' ,aa Y e ~ OC- - 9jt-er Nr.J I-IAWAII STATE ASSOCIATION OF COUNTIES (HSAC) EXECUTIVE COMMITTEE MEETING November 3, 2001 9:00 a.m. Council Committee Rooffi City Ball a i-Ionolulu,'I~av~aii ~ r~--~ ~ ~ cn =:~n rT,,~ I. CALL TO ORDER ~ Q S II. EXECUTIVE COMMITTEE MEETING It~VUTES ~ September 10, 2001 (Amended) October 8, 2001 III. TREASURER'S REPORT September 2001 IV. REPORTS A. Executive Committee Reports B. County Reports C. NACo Report V. UNFINISHED BUSINESS A. 2002 HSAC Legislative Program Policy Statement The purpose of this item is to act on the 2002 HSAC Legislative Program Policy Statement. See I-Ionolulu Council Resolution 01-263, CD1, FD1 Hawaii - Maui - ~P,,,,.: p~ Q~ M'~a ^~a Na~O• HSAC Executive Committee Minutes of the October 8, 2001 meeting . Page 3 S. Consideration of Proposals for the 2002 HSAC Legislative Package Treasurer Kouchi circulated a packet of the current status of the 2001 HSAC Legislative Package Sills that had been prepared by Kauai County and Honolulu City and County Staff. He suggested that the four co~rnties consider these bills for inclusion in the 2002 HSAC Legislative Package. He also noted that the ®angerous ®ogs bill had been removed from consideration since the State Legislature passed a measure to address this issue during the 2001 Legislative Session. ®eputy Corporation Counsel Amy Ssaki from Kauai County provided an ovenoiew of the history of Senate SiIB 796 relating to immunity for lifeguard services at both State and county beaches and beach parks. IVIs. Ssaki also provided information regarding various other legislative measures considered during the 2001 Legislative Session. Treasurer Kouchi also circulated a proposal that extends to the counties the limitation of liability currently afforded to private landowners who make their land and water areas available to the public for recreational purposes. Secretary Kane noted that Maui County had submitted three proposals for possible inclusion in the 2002 HSAC Legislative Package. He noted that one proposal regarding the possible delegation of authority for the acceptance of dedication or surrender of roads and roadway lots was not well received. He noted that the other two proposals would: (1) enable the respective counties to impose and collect Vines for violations of the statewide traffic code, in addition to the fines imposed by the State under Chapter 291 C, Hawaii Revised Statutes; and (2) designate a percentage of liquor license fees for the funding of education, prevention, and treatment programs designed to address alcohol abuse be included in the 2002 HSAC Legislative Package. Numerous other proposals were mentioned, including those related to fines and forfeitures; stricter laws on street car racing; security issues; funding for victim witness programs; funding for career criminal programs; roads in limbo; and general excise tax exemptions. After discussing the proposals, the HSAC executive Committee agreed to recommend the, counties approve the following HSAC Package: . HSAC Executive Committee Minutes of the October 8, 2001 meeting Page ~ 1. A proposal that provides that the State and counties providing lifeguard services or any lifeguard ernployed by the State or a county shall not be liable for civil damages resulting from providing lifeguard services at any- public beach park or public beach, including any portion of adjacent land or ocean. (SB796, SC~1, HC 1) {2001 Legislative Session) 2. A propose! that exempts counties from the definition of "government agency" except for the procurement code and health and human services contracts. Allows the comptroller to determine a publication on each island $o which the public can - go to as one source for notices from a governrraent agency. (HS1023, SS1~48) (2001 HSAC Legislative Package) 3. A proposal that limits counties' liability to persons participating in hazardous recreational activities, including those who assist the participant and specta#ors who reasonably should have known that the activity created a substantial risk of injury, for damages or injury arising out of that activity; and provides for exceptions. (HS1024, SS14~69) (I°tS1363 Carryover Sill) (2001 HSAC Legislative Package) 4. A proposal that extends to the counties the limitation of liability currently afforded to private landowners who make their land and water areas available to the public for recreational purposes. (County of Kauai) 5. A proposal that enables the respective counties to impose and collect Vines for violations of the statewide traffic code, in addition to the fines imposed by the State under Chapter 291 C, Hawaii Revised Statutes. (County of Maui) 6. A proposal that designates a percentage of liquor license fees for the funding of education, prevention, and treatment programs designed to address alcohol abuse. (County of Maui) ®ue to the time-sensitive nature of the legislative process, the HSAC executive Committee also agreed to request that the counties amend the 2002 HSAC Legislative Policy Statement to