HomeMy WebLinkAboutCOM 0501.000 2000-2002 X11 ~ ?.~CI~~~C~ C~~
Coupties of 1C~u~i, IV1~ui ~nc~ ~~vv~ii, City ~ County of ~°lono~ulu
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. January 22, 2002 \s~~`~ „ate>
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MElO~IORAIeIDUM ~
TO: James Y. Arakaki, Chair, and Council Mem ers
FROIvI: T. Curtis Tyler, III, HSAC Vice President ~ ~ ~
SL?BJ1=~' E!' : ;-,:~nsmittal of HSAC Executive Committee Meetings of December 10, 2001„and ..',J ~
~;~nuary 16, 2002; H.B. 1256 to Establish a Beverage Container Deposit La~ti 4
;m
For your information, I am transmitting. the HSAC Executive Committee meeting agend'ars of Dumber
10, 2001 and January 16, 2002, includip_~ fS~roved meeting minutes of HSAC Executive Committee
meetings dated November 9, 2001 and 1 } ~~-~s~~6er 10, 2001 and HSAC Treasurer's Reports for October,
November, and December, 2001.
As reported by HSAC Secretary Dain P. Kane in his memaraa3s'ur~~ dated December 17, 2001, please note
that the councils of all four counties approved the following six bills ~tor inclusion in the 2002 HSAC
Legislative Package:
1. 13111 Relating to State and County Tort Liability - To extend tort_liability t~ t.€3~ ~~ate and Counties and
their lifeguards for damages arising from the operation of public beach park;;.
2. Bill Relating to Publication of l~lotiee - To exempt the counties from the publication of notice
requirements in Section 1-28.5, HRS, except for procurement code and health and human services
contracts.
3. Bill Relating to Lianited Liability for Counties - To limit the counties' tort liability arisi~~d rrom certain
hazardous recreational activities on county-owned or -controlled properties.
4. 13111 Relating to Landowner's Liability - To extend the counties the limitation of liabr] ~
afforded to private landowners who make their land and water areas available to the }~a <z s ~ ~k
purposes.
5. Bill Relating to Traffic Fines - To enable the respective counties to impose and collecT E f:>'~ > t:>i .~z~,a
of the statewide traffic code, in addition to the fines imposed by the State under Chapte, . r ~ a,~;
6. Bill Relat~g to Liquor License Fees - To designate a portion of liquor license fees for f: > ~
education, prevention, and treatment programs designed to address alcohol abuse.
Also please find a memorandum dated January 10, 2002 from HSAC President Jon C Yoshi~~:.~ra
transmitting Honolulu City & County Resolution No. 01-333 supporting the inclusion of H.B. 1256, a bill
to enact a beverage container deposit law, in the 2002 HSAC Legislative Package. As explained by
HSAC President Yoshimura, consideration of this measure by the various county councils could not be
undertaken prior to HSAC's "non-administrative package cut-off' deadline of January 18, 2002.
Accordingly, and with regard to the scope and import of this bill, I recommend that it be referred for
consideration by the Council's Committee on Public O~Vorks and Intergovernmental Relations.
JCT/rf Comm, Nos . _ . _
Attachments
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Counties of 1Cau~i,10o1~ui ~n~i i~~vvaii, Gty 8. C®un~y ~i• HOn~lulu
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HAWAII STATE ASSOCIATION OF COUNTIES (HSAC)
EXECUTIVE COMMITTEE MEETING
3anuary 16, 2001
2:00 p.m.
Council Committee Room
City Hall
Honolulu, Hawaii
I. CALL TO ORDER
II. EXECUTIVE COMMITTEE MEETING MINUTES
November 9, 2001 (amended)
December 10, 2001
III. TREASURER'S REPORT
November 2001
December 2001
N. REPORTS
A. Executive Committee Reports
1. From Dain P. Kane, Secretary, to President Yoshimura, dated
September 17, 2001, relating to the approval of proposals for inclusion in
the 2002 HSAC Legislative Package.
B. County Reports
C. NACo Report
V. UNFINISHED BUSINESS
A. 2002 HSAC Legislative Package
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The purpose of this item is to discuss strategies and priorities for the 2002
legislative session.
VI. NEW BUSINESS
A. STATE LEGISLATION RELATING TO BEVERAGE CONTAINER
DEPOSITS
The purpose of this item is to discuss for possible inclusion in the 2002 HSAC
Legislative Package a legislative proposal to enact a beverage container deposit
law. See Honolulu Council Resolution 01-333.
B. CANDIDACY OF BILL HANSELL FOR NACO 2''1D VICE PRESIDENT
The purpose of this item is to discuss the candidacy of BiII Hansell for NACo 2na
Vice President. See attached biography and endorsement letter.
VII. COMMUNICATIONS
A. From Dain P. Kane, Secretary, to Chair Yoshimura, dated December 31, 2001,
relating to photo enforcement of traffic violations.
VIII. ANNOUNCEMENTS
A. Next meeting: February 8, 2002, 9:00 a.m., Honolulu Hale
IX. ADJOURNMENT
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Counties of I<auai, Maui ancf ~iawaii, City 8. County of I~onolulu
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' November 9, 2001
(a4rnendet~*) '
Council Committee Room
~ City Hall
~ Honolulu, Hawaii
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I. CALL TO ORDER
The HSAC Executive Committee was called to order by President
Jon Yoshimura at 9:07 a.m. The following members comprised a quorum: 1
City and County of Honolulu: President Jon Yoshimura g
Staff Andrew Sekine `
Staff Sean Casey
Staff Charlotte Takas~_ie
County of Hawaii: Vice President J. Curtis Tyler III
County of Maui: Secretary Dain P. Kane
Councilmember G. Riki Hokama
Staff Richelle Kawasaki
3
County of Kauai: Councilmember Jimmy Tokioka
Staff Cyndi Ayonon
II. EXECUTIVE COMMITTEE MEETING MINUTES
The minutes of the September 10, 2001 (Amended) and October 8, 2001
Executive Committee meetings were approved.
III. REPORTS OE THE TREASURER
The Treasurer's Deport for September 2001 was approved.
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HSAC Executive Committee
Minutes of the November 9, 200 meeting
Page 2
IV. REPORTS OF COMMITTEES
A. Executive Committee Reports
There were no Executive Committee Reports.
B. County Reports
There were no County Reports.
C. NACo Reports
Vice President Tyler reported that he will be traveling to
Washington D.C. to attend NACo leadership meetings on the issue
of homeland security.
Councilmember Hokama requested input on legislative priorities
and consideration of support for dill Hansell of Oregon as the NACo
2"d Vice President. He also reminded the Executive Committee
that proposed resolutions must be given to him at least 30 days
prior to the next NACo conference.
Vice President fiyler reported that Mr. Hansell sent him an a-mail
message expressing thanks for the great time he had during his
last trip to Hawaii and the tour he participated in through the
Agricultural Steering Committee, and requestingr ssepp®~t f®~ iris
IVAC® 2"d 1/ice president candidacy.
V. UNFINISHED BUSINESS
A. 2002 HSAC Legislative Program Policy Statement
The four counties reported as follows on council approval of the
proposed amendment to the 2002 HSAC Legislative Program
Policy Statement:
Hawaii ®approved
Maui ®approved
Honolulu --approved
Kauai ~ committee approval, pending council action
_ _
HSAC Executive Committee
Minutes of the November 9, 2001 meeting
Page 3
S. 2002 HSAC Legislative Package
Vice President fiyler, Councilmember Hokama, and
Councilmember Tokioka provided comments on the introduction of
new bills or the use of carryover bills. President Yoshimura
informed the Executive Committee that the Honolulu City and
County Prosecutor, Peter Carlisle has requested HSAC consider
including a legislative measure to fast-track indictments in the 2002
HSAC Legislative Package. President Yoshimura indicated he
would forward the request to the Executive Committee.
1. Sill Relating to State and County Tort Liability
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii -committee approval, pending council action
Maui --approved
Honolulu ~ approved
Kauai committee approval, pending council action
2. Sill Relating to Publication of Notice
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii _ committee approval, pending council action
Maui approved
Honolulu ®approved
Kauai ~ no action
3. Sill Relating to Limited Liability for Counties.
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii ~ committee approval, pending council action
Maui ~ approved
Honolulu -approved
Kauai ~ committee approval, pending council action
_
HSAC Executive Committee
Minutes of the November 9, 2001 meeting
Page 4
4. Bill Relating to Landowner's Liability
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii -committee approval, pending council action
Maui -approved
Honolulu -approved
Kauai _ committee approval, pending council action
5. Bill Relating to Traffic Fines
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii ®committee approval, pending council action
Maui _ approved
Honolulu -approved
Kauai -committee approval, pending council action
6. Bill Relating to Liquor License Fees
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii committee approval, pending council action
Maui -approved
Honolulu approved
Kauai g committee approval, pending council action
C. HSAC Mid-Year Conference
Your Committee discussed possible attendance by the various
counties. Vice President Tyler said he ~rouid be attending and
thanked President Yoshimura for the invitation to provide the
closing remarks. Honolulu City and County staff, Sean Casey
reported that the NACo President is available to attend the
Conference. Mr. Casey provided copies and a brief overview of the
revised schedule for the Conference. ,President Yoshirrrura
asked Vice President fi y0er to extend a personal invitation to
tare NACo President during the upcoming NACo meeting in
Santa i=e. President Yoshimura asked Councilmember Hokama to
moderate a panel and Councilmember Hokama accepted. Various
HSAC Executive Committee
Minutes of the November 9, 2001 meeting
Page 5
suggestions were made regarding additional changes to the
proposed schedule.
VI. NEW BUSINESS
A. HSAC Executive Committee Meetings for 2002
President Yoshimura provided a document entitled "Tentative Schedule
HSAC Executive Committee Meetings for 2002". After discussing this
document, the HSAC Executive Committee members agreed to the
following tentative schedule of meetings to be held in Honolulu at City Hall
unless otherwise noted:
January 16, 2002; 2:00 p.m.
February 8, 2002; 9:00 a.m.
March 22, 2002; 9:00 a.m.
April 12, 2002; 9:00 a.m.
May 10, 2002; 9:00 a.m.
June 24, 25, 2002; Year-End Conference in Maui County
July no meeting
August - no meeting
September 13, 2002; 9:00 a.m.
October 11, 2002; 9:00 a.m.
November 22, 2002; 9:00 a.m.
December 9, 10, 2002; Mid-Year Conference in Honolulu City ~ County
Your Committee discussed the upcoming HSAC Year-End and Mid-Year
Conference dates. Your Committee noted that the City and County of
Honolulu would have to take a conference out of rotation since they are
hosting the 2001 Mid-Year Conference in December for Hawaii County.
Your Committee further notes the following schedule for upcoming HSAC
Year-End and Mid-Year Conferences:
June 2002 Year-End Conference, Maui County.
HSAC Executive Committee
Minutes of the November 9, 2001 meeting
Page 6
December 2002 Mid-Year Conference, City and County of Honolulu. (Out
of rotation)
June 2003 Year-End Conference Kauai County.
December 2003 Mid-Year Conference, Hawaii County.
VII. COMMUNICATIONS
The following communication was received:
A. Memorandum dated October 30, 2001 from Treasurer Kouchi
transmitting the 2001 HSAC Year-End Conference Financial Report
and a check for $7,581.58 for the proceeds of the conference.
VIII. ANNOUNCEMENTS
President Yoshimura announced that the next meeting will be held on
December 10, 2001 at 9:00 a.m. at the Hawaii Prince Hotel, Honolulu.
Vice President Tyber circulated a draft letter to the Senate President and
the Speaker of the House from the HSAC Executive Committee Members
requesting attention to the 2002. HSAC Legislative Package, emphasizing
legislative priorities and requesting limiting the introduction of excessive
legislation.
IX. A®JOURNMENT
There being no further business, the meeting was adjourned at 10:10 a.m.
Very truly yours,
1
DAIN P. KAN
Secretary
Hawaii State Association of Counties
Amendments in bold face italics
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Counties of Kauai, Maui and ~lawaii, City 8. County of l~onolulu
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®ecember 10, 2001
Hawaii Prince Hotel
Honolulu, Hawaii
I. CALL TO ORDER
The HSAC Executive Committee was called to order by President
Jon Yoshimura at 9:00 a.m. The following members comprised a quorum:
City and County of Honolulu: President Jon Yoshimura
Staff Andrew Sekine
Staff ion Yasui
County of Hawaii: Vice President J. Curtis Tyler III
Councilmember Nancy Pisicchio
Counciirnember Sobby Jean Leithead-Todd
County of Maui: Secretary Clain Kane
CounciBmember Robert Carroll
Councilmember Michael Molina
Staff Richelle Kawasaki
County of Kauai: Treasurer, Ron Kouchi
Alternate Jimmy Tokioka
Staff Cyndi Ayonon
II. EXECUTIVE COMMITTEE MEETING MINUTES
The amended minutes of the November 9, 2001 Executive Committee
meeting were approved.
III. REPORTS OP THE TREASURER
The Treasurer's Report for October 2001 was approved.
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HSAC Executive Committee
Minutes of the November 9, 2001 meeting
Page 2
IV. REPORTS OF COMMITTEES
A. Executive Committee Reports
The Secretary's report relating to the approval of the 2002 HSAC
Legislative Program Policy Statement was received.
B. County Reports
Vice President Tyler reported Hawaii County's approval of the
HSAC package and policy statement amendment and resection of
the proposal to include a bill to amend the State Constitution to
allow for direct filing of felony charges.
C. NACo Reports
Vice President Tyler reported that he and Councilmember Hokama
attended the NACo end of the calendar year Board of Cirectors'
meeting in Santa Fe, New Mexico. He said the Board of i~irectors
moved to reduce their budget by $400,000, took action on general
legislative policies, and indicated it will focus on a few issues. He
also noted that the Finance Committee met and proposed an
increase in the dues by less than 2 percent for most HSAC member
counties. He noted Honolulu City and County's dues might be
reduced. This proposed increase would be taken up at the NACo
legislative conference for further action. He expressed appreciation
for the opportunity to represent the counties.
V. UNFINISHE® BUSINESS
A. 2002 HSAC Legislative Package
All four counties reported approval of the following proposals for
inclusion in the 2002 HSAC Legislative Package:
1. Bill Relating to State and County Tort Liability
The purpose of this bill is to extend tort immunity to the State
and counties and their lifeguards for damages arising from
the operation of public beach parks.
_
HSAC Executive Committee
Minutes of the November 9, 2001 meeting
Page 3
2. Sill Relating to Publication of Notice
The purpose of this bill is to exempt the counties from the
publication of notice requirements in Section 1-28.5, Hawaii
Revised Statutes, except for procurement code and health
and human services contracts.
3. Dill Relating to Limited Liability for Counties
The purpose of this bill is to limit the counties' tort liability
arising from certain hazardous recreational activities on
county-owned or -controlled properties.
4. Sill Relating to Landowner's Liability
The purpose of this bill is to extend to the counties the
limitation of liability currently afforded to private landowners
who make their land and water areas available to the public
for recreations! purposes.
5. Sill Relating to Traffic Fines
The purpose of this bill is to enable the respective counties
to impose and collect fines-for violations of the statewide
traffic code, in addition to the fines imposed by the State
under Chapter 291 C, I~awaii Revised Statutes.
6. Sill Relating to Liquor License Fees
fibs purpose of this bill is to designate a portion of liquor
license fees for the funding of education, prevention, and
treatment programs designed to address alcohol abuse.
S. Consideration of Additional Proposals for the 2002 HSAC
Legislative Package
A proposal to amend the Hawaii State Constitution to allow for
direct filing of felony charges and to make implerreenting
amendments to he Hawaii Revised Statutes was received and
filed.
HSAC Executive Committee
Minutes of the November 9, 2001 meeting
Page 4
VI. NEW BUSINESS
A. ®raft Letter to Senate President and Speaker of the House.
The Executive Committee discussed the draft letter previously
circulated by Vice President Tyler from the HSAC Executive
Committee Members to the Senate President and the Speaker of
the House requesting attention to the 2002 HSAC Legislative
Package, emphasizing legislative priorities, and requesting limiting
the introduction of excessive legislation.
After discussing the matter, the Executive Committee agreed that
President Yoshimura would re-draft the letter to exclude reference
to special interests and the suggestion to limit the number of bills
introduced, and to include a request to meet with the leadership.
This letter, signed by the HSAC President, will be circulated and
send it to the legislative leaders.
VII. COMMUNICATIONS
There were no communications.
VIII. ANNOUNCEMENTS
President Yoshimura announced that the next meeting will be held on
January 16, 2002 at 2:00 p.m. at Honolulu Hale.
Secretary Kane asked that amendments to the minutes be submitted in
writing.
Vice President fiyler reported that the NACo President could not attend
the HSAC Mid-Year conference but thanked the counties of Hawaii for
their support. He said the NACo President would like to travel to Hawaii
during early 2002.
IX. ADJOURNMENT'
There being no further business, the meeting was adjourned at 9:20 a.m.
Very truly yours,
RAIN P. KA
Secretary
Hawaii State Association of Counties
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Cour~~i~s of 8~~~~i, ~~~i 8~~w~ii, City ~..Co~n~y of ~4onolul~
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December 27, 2001
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 November 1
throw Noverriber 30, 2001.
Sincerely,
`
RONALD KOUCHI
Treasurer, Hawaii State Association
of Counties
Enc.
~ m~
HAWAII STATE ASSOCIATION OF COUNTIES
R.EiTENLTES COLLECTED AI~tD EXPENSES PAID
Fiscal Period: November 1 through November 30, 2001
FUND DALANCE AT DEGINNING DATE $59,197.94
This Period Year to Date t
001 Membership Fees $0.00 $28,000.00 $28,000.00
010 Conference Income $6,581.58 $8,957.70 $8,000.00
011 Conference Seed Money Reimburseme $1,000.00 $1,000.00 $0.00
030 Interest Income $103.90 $464.46 $1,200.00
Total $7,685.48 $38,422.16 $37,200.00
7'~37:a.L I~ECEIP?'S ?'CIS PEItaOJ ~7,&85'.4°
Disbaas~seaaents
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 0.00 600.00
309 Miscellaneous 0.00 0.00 100.00
NACo
401 Travel 0.00 1,795.30 9,000.00
402 Promotional 0.00 0.00 500.00
403 Dues 21,509.00 21,509.00 21,215.00
409 Miscellaneous 0.00 0.00 250.00
WIR
501 Travel 0.00 0.00 2,000.00
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
609 Miscellaneous 0.00 0.00 0.00
610 WIR, Conference 2001 0.00 0.00 0.00
611 NACo Annual Conference 2005 0.00 0.00 2,605.22
612 HSAC 2001 Mid-Year Conference 0.00 1,000.00 0.00
Total $21,509.00 $ 24,304.30 $ 48,520.22
T07'AL EXl°ENSES TIIIS PERIOD ~21Y509.00
FUND DALANCE AT END OF PEIt.IOD: $45,374.42
Counties of I~~u~i, l0/t~ui ~n~9 H~ver~ii, City County of Honolulu
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January 3, 2002
The Executive Committee Members
Hawaii State Association of Counties
Dear Executive Con~rlittee Members:
Please find enclosed the report of the Association's revenues
collected and expenses paid for the fiscal period December 1
through December 31, 2001.
Sincerely,
c
DONALD KOUCHI
Treasurer, Hawau State Association
of Counties
Enc.
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HAWAII STATE ASSOCIATION OF COUNTIES
REiTENUES COI..LECTEI) ANII EXPENSES PAID
Fiscal Period: December 1 through December 31, 2001
FUND BALANCE AT BEGINNING DATE $45,3°74.42
This Period Year to Date Budeet
001 Membership Fees $0.00 $28,000.00 $28,000.00
010 Conference Income $0.00 $8,957.70 $8,000.00
011 Conference Seed Money Reimburseme $0.00 $1,000.00 $0.00
030 Interest Income $72.41 $464.46 $1,200.00
Total $72.41 $38,422.16 $37,200.00
TOTAL RECEIPTS THIS PERIOD $72.41
Disbursements
Executive Committee
201 Travel 0.00 0.00 3,300.00
202 Audating 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 0.00 600.00
309 Miscellaneous 0.00 0.00 100.00
NACo
401 Travel 0.00 1,795.30 9,000.00
402 Promotional 0.00 0.00 500.00
403 Dues 0.00 0.00 21,215.00
409 Miscellaneous 0.00 0.00 250.00
V~~IR
501 Travel 0.00 0.00 2,000.00
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
609 Miscellaneous 0.00 0.00 0.00
610 WIR Conference 2001 0.00 0.00 0.00
611 NACo Annual Conference 2005 0.00 0.00 2,605.22
612 HSAC 2001 Mid-Year Conference 0.00 1,000.00 0.00
Total $0.00 $24,304.30 $ 48,520.22
TOTAL EXPENSES THIS PERIOD X0.00
FUND BALANCE AT END OF PERIOD: $45,446.83
Counties of Kauai, Maui anti ~iawaii, City 8, County of Honolulu
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~ December 17, 2001 ~
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®fficial Action fiaken
Approval by Sxecutiva Committee a
Muting of December 10, 2001 y
Jon Yoshimura, President a
Hawaii Stag Association of Counties
530 South King Street
Honolulu, Hawaii 96313
Dear Mr. President: a
Pursuant to Section 20 of fibs By Laws of the Hawaii State Association of
Counties (HSAC), which requires a report of each official action, the following
reports on the action taken by the executive Committee in conjunction with the
2002 HSAC Legislative Package.
l~he proposals that were approved for inclusion in the 2002 HSAC
Legislative Package are as follows:
1. Sill Relating to State and County fiort Liability
The purpose of this bill is to extend tort immunity to the State and
counties and their lifeguards for damages arising from the operation
of public beach parks.
2. Bill Relating to Publication of Notice
T'he purpose of this bill is to exempt the counties from the
publication of notice requirements in Section 1-2fi.5, ~Eawaii
Revised Statutes, except for procurement code and health and
human services contracts.
3. Bill relating to Limited Liability for Counties
~'he purpose of this bill is to limit the counties' tort liability arising
from certain hazardous recreational activities on county-owned or
~'•"tw -controlled properties.
Jon Yoshimura, President,
Hawaii State Association of Counties
December 17, 2001
Page 2
4. Sill Relating to Landowner's Liability
The purpose of this bill is to extend 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.
5. Sill Relating to Traffic Fines
The purpose of this bill is to enable the respective counties to
impose and collect fines for violations of the statewide traffic code,
in addition to the fines imposed by the State under Chapter 291 C,
Hawaii Revised Statutes.
6. E3ill Relating to Liquor License Fees
The purpose of this bill is to designate a portion of liquor license
fees for the funding of education, prevention, and tr, atment
programs designed 4o address alcohol abuse.
All four counties have reported approval of the matter.
Very truly yours,
DAIN F'. KA
Secretary
Hawaii State Association of Counties
ocs:proj:hsac:hsac 2001:011210sec1(hsac pkg):rkk
~•.s CITY ~~IJN~IL
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I ~ CITY AND COUNTY OF ~iONOLULU O ~
I~IONOLULU, I.4AWAll NO.
~~~V 1 ~~N
RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE ~00~ HSAC
LEGISLATIVE PACKAGE TO ENACT A BEVERAGE CONTAINER DEPOSIfi LAW.
WHEREAS, recycling is an important element of an .integrated
solid waste management system; and
WHEREAS, Section 342G-3(a)(2), Hawaii Revised Statutes,
establishes a goal of recycling 50% of the solid waste stream in
the State of Hawaii by X000; and
WHEREAS, however, the current recycling rate in the State of
Hawaii is approximately 20% of the available recyclable
materials; and
WHEREAS, a 1990 U.S. Government Accounting Office report
estimated that bottles and cans represent 40-60% of total litter
nationwide; and
WHEREAS, jurisdictions that have implemented beverage
container deposit laws achieve an average beverage container
recovery rate of 80%, while the national beverage container
recovery rate is 38%; and
WHEREAS, a beverage container deposit law ("bottle bill")
would require the establishment of a minimum refundable deposit
on beer, soft drink, and other beverage containers, including
plastic and glass bottles and aluminum cans, in order to provide
an incentive for beverage container recycling or reuse; and
WHEREAS, the enactment of a beverage container deposit law
would benefit local government by reducing the costs of solid
waste disposal, recycling, and clean-up, as well as reducing the
amount of solid waste being deposited into municipal landfills;
and
WHEREAS, approval by all the counties is required to include
a legislative proposal in the HSAC legislative package; now,
therefore,
nrcflf175'2 R(11
RSOL.UTION
BE IT RESOL~IED by the Council of the City and County of
Honolulu that it approves for inclusion in the 2002 Hawaii State
Association of Counties' Legislative Package a proposal to enact
a beverage container deposit law as set forth in Exhibit A,
attached; and
BE IT FINALLY RESOLVED that a copy of this Resolution be
transmitted to the President of the Hawaii State Association of
Counties.
INTRODUCED BY:
DATE OF" INTRODUCTION:
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Honolulu, Hawaii Councilmetnbers
(GCS/120401/ct) -2-
CITY COUNCIL ADOPTED
CITY AND COUNTY OF HONOLULU MEETING HELD Reference:
HONOLULU, HAWAII
AYE NO A/E Report No.
I hereby certify that 4he foregoing RESOLUTION was gAINUM
adopted by 4he COUNCIL OF Tf-IE CITY AND COUNTY CACHOlJ1
OF 4-fONOLULU on the date and by 4he vote indicated to DeS4T0
the right. FELIX ~~~®~ll~~Ot1 NO.
ATTEST: hiOLMES
MANSHO
A41R1Kd-T~AIt Resigned 1211/01 0 ~ ~ 3 ~ 3
GENEVIEVE G. WONG JON C.YOSHIMURA pKINO
City Clerk CHAIR ANO PRESIDING OFFICER YOSHIMURA
Gated
I-3.131256 SD2 Page 1 of 20
EXHIBIT A
Report Title: .
Solid Waste Management; Beverage Container Bill
Descrip~i®n:
Imposes beverage container requirements and fees. Requires beverage
distributors to register with the State. Establishes the beverage
container deposit special fund. Provides for the redemption of
empty beverage containers. Provides requirements for recycling
facilities and redemption centers. (SD2)
HOUSE OF REPRESENTATIVES 1256
TWENTY-FIRST LEGISLATURE, H.D. 2
2001
STATE OF HAWAII S.D. 2
RELATING TO SOLID WASTE MANAGEMENT.
EE IT ENACTED BY THE LEGISLATURE OF THE STATE OF I€AWAII:
SECTION 1. The legislature finds that recycling is an important
element of an integrated solid waste management system, which can
protect and preserve environmental resources and reduce economic
costs to residents and businesses within the State. The legislature
finds a need to expand participation in residential recycling
programs and to minimize costs to those participating and to
government. The purpose of this Act is to increase participation
and recycling rates, provide a connection between manufacturing
decisions and recycling program management, and reduce litter.
SECTION 2. Chapter 392G, Hawaii Revised Statutes, is amended by
adding two new parts to be appropriately designated and to read as
follows:
l-IB 1256 SD2 Page 2 of 2b
"PART A. BEVERAGE CONTAINER E'EE
§342G-A Definitions. As used in this part and part B, unless the
context requires otherwise:
"Beverage" means beer, ale, or other drink produced by fermenting
malt, spirits, wine, wine coolers, tea, and coffee drinks
regardless of dairy-derived product content, soda, or noncarbonated
water, and all nonalcoholic drinks in liquid form and intended for
internal human consumption, except for dairy-derived products.
. The term "beverage" excludes the following:
(1) A liquid which is:
(A) A syrup;
(B) In a concentrated form; ar
(C) Typically added as a minor flavoring
ingredient in food or drink, such as
extracts, cooking additives, sauces, or
condiments;
(2) A liquid which is ingested in very small
quantities and which is consumed for medicinal
purposes only;
(3) A liquid which is designed and consumed only as
a nutritional supplement and not as a beverage;
(9) Products frozen at the time of sale to the
consumer, or, in the case of institutional users
such as hospitals and nursing homes, at the time of
sale to the users;
(S) Products designed to be consumed in a frozen
state;
(6) Instant drink powders; and
(7) Seafood, meat, or vegetable broths, or soups,
but not juices.
"Beverage container" means the individual, separate, sealed glass,
aluminum, plastic bottle, or can used for containing, at the time
of sale to the consumer, one gallon (3.8 liters) or less of a
beverage intended for use or consumption in this State.
"Beverage distributor" means a person who is a manufacturer of
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beverages in beverage containers in this State, or who imports and
engages in the sale of filled beverage containers to a dealer or
consumer. The term includes federal agencies and military
distributors, but does not include airlines and shipping companies
that merely transport beverage containers.
"Consumer" means a person who buys a beverage for use or
consumption.
"Dealer" means a person who engages in the sale of beverages in
beverage containers to a consumer for off-premises consumption in
the State.
"Department" means the department of health.
"Import" means to buy, bring, or accept delivery of filled beverage
containers from an address, supplier, or any entity outside of the
State.
"Recyclable" means that the beverage container is made of one of
the following materials: metal, glass, single layer polyethylene
terephthalate, or high density polyethylene, that can be recovered
from the waste stream and recycled in total or in part for the same
or other uses.
§342G-B Beverage container aeec~aire~en~s. Beginning October 1, 2003,
no person may sell, distribute, collect, except for purposes of
litter control, or redeem in this State, a beverage container that
has not received approval from the director as a recyclable within
the State in order to be distrihuted and collected at redemption
operations in the State.
§342G-C Beverage container fee. (a) Beginning on October 1, 2002,
every beverage distributor shall pay to the department a beverage
container fee on e~3ch beverage container manufactured or imported
into the State. T}~•• fee shall be imposed only once on the same
beverage container. The fee shall be cents per beverage
container.
(b) The beverage container fee shall not exceed cents per
container for the first five years of operation of the beverage
container deposit program as specified in part B.
(c) The department, with the assistance from the county solid waste
agencies, shall:
(1) Evaluate the amount of beverage containers
recovered during the first fifteen months of the
fully implemented beverage container deposit
program specified in part B; and
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(2) Recommend to the legislature any modification
in the fee structure to meet the beverage container
deposit program funding requirements.
Thereafter, prior to the convening of the legislative session in
each subsequent even-numbered year, the department, in coordination
with the counties, shall report to the legislature on the
effectiveness of the program and make appropriate recommendations
for modification of the fee.
(c) No county shall impose or collect any assessment or fee on
beverage containers for the same or simi.Lar purpose that is the
subject of this chapter.
~342G-D beverage distributors; registration, recordkeeping
requirements. (a) By July 1, 2002, all beverage distributors
operating within the State shall register with the department,
using forms prescribed by the department, and shall notify the
department of any change in address or other information previously
submitted. After July 1, 2002, any person who desires to conduct
business in the State as a beverage distributor shall register with
the department no later than one month prior to the commencement of
the business.
(b) All beverage distributors shall maintain records reflecting the
manufacture of their beverages in beverage containers as well as
the importation and exportation of beverage containers. The records
shall be made available, upon request, for inspection by the
department; provided that any proprietary information obtained by
the department shall be kept confidential and shall not be
disclosed to any other person, except:
(1) As may be reasonably required in an
administrative or judicial proceeding to enforce
any provision of this chapter or any rule adopted
pursuant to this chapter; or
(2) Under an order issued by a court or
administrative agency hearings officer.
~342G-1E Deposit into beverage container deposit special fund; use
of funds. (a) There is established in the state treasury the
beverage container deposit special fund, into which shall be
deposited:
(1) All revenues generated from the beverage
container fee as described under section 342G-C;
(2) All revenues generated from the beverage
container deposit as described under section 392G-
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J; and
(3) All accrued interest from this fund.
(b) Moneys in the fund shall be used to reimburse refund values and
pay handling fees to certified redemption operations as established
under part B. The department may also use the money to:
(1) Fund administrative, audit, and compliance
activities associated with collection and payment
of the deposits and handling fees of the beverage
container fee and deposit program;
(2) Conduct recycling education and demonstration
projects;
(3) Promote recyclable market development
activities;
(4) Support the handling and transportation of the
beverage containers to end-markets;
(5) faire personnel to oversee the implementation of
the Beverage container fee and deposit program,
including permitting, certification, and
enforcement activities; and
(6) Fund associated office expenses.
~342G-~`' ~ev~~age container ~.rxv~ntory ~aport and payment. 1
Beginning October 1, 2050, payment of the beverage container fee
shall be made monthly based on inventory reports of the beverage
distributors. All beverage distributors shall submit to the
department documentation in sufficient detail that identifies:
(1) The number beverages in beverage containers
manufactured in ~r imported to the State; and
(2) The number of these beverage containers
exported out of the State during the reporting
period.
(b) The amount due from beverage distributors shall be the net
number of beverage containers imported or manufactured into the
State (the total number of containers imported or manufactured less
the total number of containers exported) multiplied by the beverage
container fee of cents. Payment shall be made by check or
money order payable to the "Department of Health, State of Hawaii".
All inventory reports and payments shall be made no later than the
fifteenth day of the month following the end of the previous month.
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~342G-G Contract for administrative services. The department may
contract the services of a third party to administer the beverage
container fee program under this part.
PART B. PEERAGE CON~°AINER DEPOSIT
~342G-H Definitions. As used in this part, unless the context
requires otherwise:
"Importer" means any person who buys, brings, or accepts delivery
of beverages in containers from outside the State for sale or use
within the State.
"Initiate a deposit" means to be the first person to charge a
deposit on a specific beverage container.
"On-premises consumption" means beverages are consumed by a
customer immediately and within the area under control of the
establishment, including bars, restaurants, passenger ships, and
airplanes.
"Person" means any ind~.vidual, partnership, firm, association,
public or private corporation, federal agency, the State or any of
its political subdivisions, trust, estate, or any other legal
entity.
"Private label beverages" means beverages purchased from a beverage
manufacturer in beverage containers bearing a brand name or
trademark, for sale at retail directly by the owner or licensee of
that brand name or trademark; or through retail dealers affiliated
with the owner or licensee by a cooperative or franchise agreement.
"Recycling facility" means all contiguous land and structures and
other appurtenances, and improvements on the land used for the
collection, separation, recovery, and sale of reuse of secondary
resources that would otherwise be disposed of as municipal solid
waste, and is an integral part of a manufacturing process aimed at
producing a marketable product made of postconsumer material.
"Redeemer" means a person, other than a dealer or distributor, who
demands the refund value in exchange for the empty beverage
container_
"Redemption center" means an operation which is certified by the
State and which accepts from consumers, and pays or provides the
refund value for empty beverage containers intended to be recycled,
and ensures that the empty beverage containers are properly
recycled.
"Refillable beverage container" means any glass or plastic beverage
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container, or other beverage container, which ordinarily would be
returned to the manufacturer to be refilled and resold.
"Reverse vending machine" means a mechanical device, which accepts
one or more types of empty beverage containers and issues a cash
refund or a redeemable credit slip with a value not less than the
container's refund value. The refund value payments shall be
aggregated and then paid if more than one container is redeemed in
a single transaction.
~342G-~ Rules; cox~aencexnent. The department shall adopt rules
pursuant to chapter 91 as may be necessary for the purposes of this
part and part A. The rules shall be adopted on or before December
31. 2002. Full implementation of the beverage container deposit
program shall commence no later than October 1, 2003.
~342G-0' Initiation and application of deposits. (a) Every beverage
container sold in this State shall have a refund value of not less
than cents for a beverage container smaller than or equal to
twenty-four fluid ounces, and not less than cents for a
beverage container larger than twenty-four fluid ounces. Each such
beverage container shall have the refund value clearly indicated on
it as provided in section 342G-L.
(b) The refund value is the amount of the deposit required. Once an
indication of refund has been applied to a beverage container, the
deposit value on that beverage container may not be changed.
(c) The deposit on each filled beverage container shall be
initiated by the beverage distributor, who manufactures or imports
beverages in beverage containers, and paid to the State of Hawaii.
The funds shall be deposited into the beverage container deposit
special fund as described in section 392G-V.
(d) Beverage distributors who-are required under subsection {c) to
initiate a deposit shall also pay a beverage :-ontainer fee and
register with the State in accordance with part A.
§342G-K Sales o~ beverages in beverage containers. (a) Every
beverage distributor who initiates a deposit shall charge their
customers a deposit equal to the refund value for each beverage
container sold in Hawaii.
(b) Each dealer shall charge the customer the beverage container
deposit at the point of sale of the beverage excluding sales as
defined as for on-premises consumption.
§342G-I. beverage container requirements. (a) Except as provided in
subsection (b), every beverage container sold in this State shall
clearly indicate the refund value of the beverage container and the
word "Hawaii" or the letters "HI". The names or letters
representing the names of other states with comparable deposit
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legislation may also be included in the indication of refund value.
Other indications may be required as specified in rules.
(b) Subsection (a) does not apply to any type of refillable glass
beverage container which has a brand name permanently marked on it
and which has the equivalent of a refund value of at least
cents for beverage containers smaller than or equal to twenty-four
fluid ounces, or at least cents for beverage containers larger
than twenty-four fluid ounces prior to the effective date of this
part.
§3426-M Ftede~ption of empty beverage containers. (a) Except as
provided in subsection (b), a dealer shall:
(1) Operate a redemption center by accepting all
types of empty .beverage containers with a Hawaii
refund value;
(2) Pay to the redeemer the full refund value for
all recyclable beverage containers which bear a
valid Hawaii redemption value; and
(3) Ensure each container collected is recycled,
and forward such documentation necessary to support
claims for payment as stated in section 342G-S, or
rules adopted under this part.
(b) Subsection (a) shall not apply to any dealer:
(1} Who is located within one miles of a certified
redemption center that is operated independently
from a dealer;
(2) Who subcontracts with a certified redemption
center for operation on the dealer's premises;
(3) Whose sale of beverage containers are only via
vending machines;
(9) Whose store size is less than five thousand
square feet of interior space;
(5) Who can demonstrate physical hardship, or
financial hardship, or both, based on specific
criteria established in rules; or
(6) Who meet other criteria established by the
director.
{c) All dealers, regardless of square footage, shall post a clear
and conspicuous sign at each public entrance to the dealer's place
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of business, which specifies the name, address, and hours of
operation of the closest redemption center locations.
(d) If there is no redemption center within a one-mile radius of a
dealer due to the criteria described in subsection (b), then the
respective county and the State shall determine the need for a
redemption center in that area. If a redemption center is deemed
necessary, then the county, with assistance from the State, shall
establish the redemption center with funding from the beverage
container deposit special fund.
~342G-N Red~ptioxa cent~~s. (a) Any person may establish a
redemption center and accept and redeem deposits on all types of
empty beverage containers for which a deposit has been initiated.
Any person who establishes a redemption center pursuant to this
part shall be permitted in accordance with chapter 342H as a solid
waste management facility and shall apply to the director in
writing for certified redemption center status.
(b) Applications for certification as a redemption center shall be
filed with the department of health on forms prescribed by the
department.
(c) The State, at any time, may review certification of a
redemption center. After written notice to the person responsible
for the establishment and operation of the redemption center and to
the dealers served by the redemption center, the State, after it
has afforded the redemption center operator a hearing in accordance
with chapter 91, may withdraw certification of the center if it
finds that there has nom been compliance with applicable laws,
rules, permit conditions, or certification requirements.
(d) Redemption centers shall:
(1} Pay to the redeemer the full refund value for
all beverage containers;
(2) Verify that all containers to be r~~:eemed bear
a valid Hawaii redemption value;
(3) Ensure each container collected is recycled
through a contractual agreement with an out-of-
state recycler or an in-state recycling facility
permitted by the department; provided that this
paragraph shall not apply if the redemption center
is operated by a recycler permitted by the
department; and
(9) E°orward such documentation necessary to support
claims for payment as stated in section 392G-S.
(e) Redemption centers' redemption areas shall be maintained in
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full compliance with applicable laws and with the orders and rules
of the department of health.
~342G-O Reverse vending machine requirements. Reverse vending
machines may be used by redemption centers to satisfy the
requirements of section 342G-M; provided that the reverse vending
machine shall accept any type of empty recyclable beverage
container and pay out appropriate refunds for those containers that
bear a valid Hawaii redemption value. If the reverse vending
machine is unable to read the Hawaii refund value, then the
department may specify a delayed date in which the reverse vending
machines may be used. The reverse vending machine shall be
routinely serviced to ensure proper operation and continuous
acceptance of containers and payment of refunds.
~342G-P Refusal of acceptance of a beverage container. Redemption
centers may refuse to accept any broken bottle, corroded or
dismembered can, or any beverage container which:
(1) Contains a free flowing liquid;
(2) Does not properly indicate a refund value; or
(3} Contains a significant amount of foreign
material.
~342G-Q Handling fees and redemption values. (a) The State shall
pay -o each redemption center a handling fee of not less than
cents for each empty recyclable beverage container redeemed by a
consumer and transported out-of-state for recycling or received by
a department-permitted recycler. The handling fee shall be paid in
addition to the redemption value of each such empty beverage
container. The department may choose to pay the handling fee and
redemption value on the basis of the total weight of the beverage
co~,tainers received by material type and the average weight of each
cc~.~ainer type. Such conversions shall be defined in rules.
(Ei! A handling fee and redemption value may only be paid once for
each container redeemed by a consumer and claimed by a redemption
center.
~342G-R Distributor reeordlceeping and payment requirements. Each
distributor who initiates a deposit on a beverage container shall
maintain a record of all deposits initiated and paid to the State.
Each such distributor shall maintain this information according to
generally accepted accounting principles and shall provide monthly
reports of this information to the director no later than the
fifteenth day of the month following the month covered within the
report. The monthly report shall contain at a minimum:
(1) The quantity of distributed containers;
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(2) The amount of deposit by container size and
type; and
(3) Any other information required by the director.
Payment of the deposits shall be submitted with the monthly
reports.
§342G-S Redemption center reporting. A redemption center shall
prepare and maintain records, which reflect:
(1) The transactions made;
(2) The amount, type, and sizes of containers
accepted ar,d rejected;
(3) Refunds paid out;
(4) The amount and weight of each type of
containers transported out-of-state, or to a
department-permitted recycler; and
(5) Any other information required by the
department.
§342G-`T Recycling facility reporting. Recycling facilities, in
addition to any requi~_ements under chapter 392H, shall prepare or
maintain the documents involving empty beverage containers, as
required by the department.
§342G-U Audit authority. The records of the beverage distributor,
dealer, redemption center, and recycling facility shall be made
available, upon request, for inspection by the department or a duly
authorized agent of the department. Any proprietary information
obtained by the department shall be kept confidential and shall not
be disclosed to any other person, except:
(1) As may be reasonably required in an
administrative or judicial proceeding to enforce
any provision of this chapter or any rule adopted
pursuant to this chapter; or
(2} Under an order issued by a court or
administrative agency hearings officer.
§342G-V Deposit into leverage container deposit special fund.
Revenues generated from the beverage container deposit shall be
deposited into the beverage container deposit special fund as
specified under section 342G-E. Moneys in the fund shall be used in
accordance with section 392G-E.
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~342G-W General prohibition. Al? contracts or agreements entered
into between or among persons subject to this part shall be
consistent with this part and any implementing rules. No such
contract or agreement may be designed to hinder or frustrate the
purpose or intent of this part."
SECTION 3. Section 392G-1, Hawaii Revised Statutes, is amended by
adding a new definition to be appropriately inserted and to read as
follows:
""Beverage" means beer, ale or other drink produced by fermenting
malt, spirits, wine, wine coolers, tea, and coffee drinks
regardless of dairy-derived product content, soda, or noncarbonated
water, and all nonalcoholic drinks in liquid form and intended for
internal human consumption except for dairy-derived products
The term "beverage" excludes the following•
L1~ A liquid which is:
PAZ A syrup;
In a concentrated form; or
~C~ Typically added as a minor flavoring
ingredient in food or drink such as
extracts, cooking additives, sauces or
condiments;
s2Z A liquid which is ingested in very small
quantities and which is consumed for medicinal
purposes only
A liquid which is designed and consumed only as
a nutritional supplement and not as a beverage;
(9L Products frozen at the time of sale to the
consumer, or, in the case of institutional users
such as hospitals and nursing homes at the time of
sale to the users;
Products designed to be consumed in a frozen
state;
(6~ Instant drink powders; and
(_7~_ Seafood, meat, or vegetable broths, or soups,
but not juices."
SECTION 9. Section 392G-81, Hawaii Revised Statutes, is amended by
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adding a new definition to be appropriately inserted and to read as
follows:
""Glass beverage container" means:
The individual, separat,~ sealed, glass
container used for containing, at the time of
import, one gallon or less of a beverage; or
~2,~ The empty, individual, separate glass container
that will be filled with one gallon or less of a
beverage and sealed in this St-ate, such that these
glass beverage containers are subi.ect to~arts A
and B."
SECTION S_ Section 36-27, Hawaii Revised Statutes, is amended to
read as follows:
"~36-~7 Transfers fross~ special funds for central. service e~cpenses .
Except as provided in this section, and notwithstanding any other
law to the contrary, fro~ri time to time, the director of finance,
for the purpose of defraying the prorated estimate of central
service expenses of 7overnment in relation to all special Tt:nds,
except the:
(1) Special summer school and intersession fund
under section 302A-1310;
(2) School cafeteria special funds of the
department of educat?on;
(3) Special funds of the University of Hawaii;
(4) State educational facilities improvement
special fund;
(5) Convention center capital and operations
special fund under section 206X-10.5;
(6) Special funds established by section 206E-6;
(7) Housing loan program revenue bond special fund;
(8) Housing project bond special fund;
(9) Aloha Tower fund created by section 206J-17;
(10) Domestic violence prevention special fund
under section 321-1.3;
(11) Spouse and child abuse special account under
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section 346-7.5;
(12) Spouse and child abuse special account under
section 601-3.6;
(13} Funds of the employees' retirement system
created by section 88-109;
(14) Unemployment compensation fund established
under section 383-121;
(15) Hawaii hurricane relief fund established under
chapter 431P;
(16) Hawaii health systems corporation special
funds;
(17) Boiler and elevator safety revolving fund
established under section 397-5.5;
(18} Tourism special fund established under section
201B-11;
(19) Department of commerce and consumer affairs'
special funds;
(20) Compliance resolution fund established under
section 20-9;
(21) Universal service fund established under
chapter 269;
(22) Integrated tax information management systems
special fund under section 231-3.2;
(23) Insurance regulation fund under section 431:2-
215;
(24) Hawaii tobacco settlement special fund under
section 328E-2;
(25) Emergency budget and reserve fund under
section 328E-3;
(26) Probation services special fund under section
706-699; [mil
(27) High technology special fund under section
206M-15.5; and
X28)_ Beverage container deposit special fund under
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I~B 1256 SD2 Page 15 of 20
section 392G-E;
shall deduct five per cent of all receipts of all other special
funds, which deduction shall be transferred to the general fund of
the State and become general realizations of the State. All
officers of the State and other persons having power to allocate or
disburse any special funds shall cooperate with the director in
effecting these transfers. To determine the proper revenue base
upon which the central service assessment is to be calculated, the
director shall adopt rules pursuant to chapter 91 for the purpose
of suspending or limiting the application of the central service
assessment of any fund. No later than twenty days prior to the
convening of each regular session of the legislature, the director
shall report all central service assessments made during the
preceding fiscal year."
SECTION 6. Section 342G-71, Hawaii Revised Statutes, is amended to
read as follows:
"[~]S342G-'71[}] Penalties. Any person who violates any provision of
this chapter or any rule adopted pursuant to this chapter shall be
fined not more than $10,000 for each separate offense. Each day of
each violation shall constitute a separate offense. Any action
taken to impose or collect the penalty provided for in this section
shall be [ ~L°7343_~e~~.d a ~i~~~~.~e-t-~~~. ] made throug, h field citations
or administrative, civil or criminal actions."
SECTION 7. Section 342G-72. Hawaii Revised Statutes, is amended to
read as follows:
" §3426-°72 ~nforcexaent. [~~e~me~ c~~~e~i ~~4~~,-~~~
n~r~~ ~s ] (a) If the director determines that an_y
person has violated or is violating an_y provision of this chapter,
any__r.ule__adopted pursuant to this chanter, or anv term or condition
of a_permit or certification issued pursuant to this chap,teJ the
director may do anv one or more of the following:
1~ Issue a field citation assessing an
administrative penalty and ordering immediate
Corr-active action or within a specified tii'~ae;
Issue an order assessing an administrative
penalty for any past or current violation;
~3Z. Require compliance immediate or within a
specified time• and
Commence a civil action in circuit court in
which the violation accurred or where the person
resides or maintains the person's principal..place.
of business for appropriate relief including_a
tem~orar~, preliminary, or permanent injunction,
HB 1256 SD2 Pale 1 G of 20
the imposition and collection of civil penalties,_
or other relief.
fib) Anv order issued pursuant to this section may includes a
suspension, modification, or revocation of a certification issued
under this chapter, and shall state with reasonable specificity the
nature of the violation.
(c) Anv order issued under this chapter shall become final unless
not later than twenty days after the notice of order is served the
person or persons named therein request in writincLa hearing before
the director. Anv penalty imposed under this chapter shall become
due and payable twenty days after the notice of ,penalty is served
unless the person or persons named therein request in writing a
hearing before the director. Whenever a hearinq_is requested on any
penalty imposed under this chapter, the penalty shall become due
and payable only upon completion of all review~roceedine~s and the
issuance of a final order confirming the penalty in whole or in
part. Upon request for a hearing, the director shall require that
the alleged violator or violators appear before the director for a
hearing at a time and place specified in the notice and answer the
charges complained of.
_ (d) Anv hearing cond~:::ted under tl'?is section shall be conducted as
a contested case under chapter 91 If after a hearing held pursuant
to this section, the director finds that a violation or violations
have occurred, the director shall:
~Z _Af.f_irm or modify any penalties imposed or shall
modify or affirm the order previously issued; or
~2~ Issu_e an appropriate order or orders for the
prevention,_abatement, or control of the violation
involved, or for the taking of such other
corrective action as may be appropriate.
If, after a hearing on an order or penalty contained in a notice,
the director finds that_no.v_iolation has occurred or is occurring,
the director shall rescind .t he order or penalty. Anv order issued
after hearing may prescribe the date or dates by which the
violation or violations _s hall cease and may prescribe timetables
for necessary action in preventing, abating or controlling the
violation.
(e) If the amount of and penalty is not paid to the department
within thirty days after it becomes due and payable, the director
ma.Y institute a civil actio_n.in the name of the State to collect
the administrative penalty which shall be a government realization_
In any proceeding to collect the administrative penalty imposed,
the director need_only show that:
X11 Notice was given;
http:/1www.capitol.hawaii.govlsessioncurrent/bills/hb 1256_sd2_.htm 1 1 / 1 91200 1
~Ia 1256 SD2 Pale 17 of 20
~1 A hearing was held or the time granted for
requesting a hearing expired without a request for
a hearing;
The administrative penalty was imposed; and
The penalty remains unpaid
(f) In connection with any hearing held pursuant to this section
the director shall have the power to subpoena the attendanc_e_of
witnesses and the production of evidence on behalf of all parties "
SECTION 8. 3e~tion 342G-82, Hawaii Revised Statutes, is amended to
read as follows:
"[~-]~3~2G-t~~[~-] Ad~raxace e3i~p®sal fie. (a) Every glass container
importer shall pay to the department an advance disposal fee. The
fee shall be imposed only once on the same glass container and.
shall not be assessed on drinking glasses, cups, bowls, plates,
ashtrays, and similar tempered glass containers. For the period
September 1, 1994, to [~epte~#ae~l ] September 30~ 2001 the
fee shall b~ one and one-half cents per glass container.
[ - - _ - }
F ~ 13e e nd e~ 1 ~9°~-;-
# f t= a 6~~ ~ ~ e~
«~:.l~~e~~19~8~- a a~
~-~~~~e•~~~~ t h e~e a a~~~~rd
a
_ Beginning October 1,
20J1, the fee shall be 2 cents .per container Beginning October 1,
2002, the glass advance disposal fee of 2 cents per container shall
only apply to glass containers that are not glass beverages
containers.
httn:!/www.canitnl.hawaii.eov/sessioncurree,t/hills/hb1256 sd2 .htm 11!19/~(lfll
HB 1256 SD2 Page 18 of 20
(b)_ The legislature shall have exclusive authority over all
matters subject to this chapter.
~ No county shall impose or collect any assessment or fee
on glass containers for the same or similar purpose that is [-{-]the
subject of this chapter."
SECTION 9. Section 342G-83, Hawaii Revised Statutes, is amended by
amending subsection (b) to read as follows:
"(b) All glass container importers shall maintain records
reflecting the manufacture of their glass containers as well as the
importation and exportation of products packaged in glass. The
records shall identify the type {glass beverage container or non-
beverage glass container) and c7uantity of each type of glass
container. The records shall be made available, upon request, for
inspection by the department; provided that any proprietary
information obtained by the department shall be kept confidential,
and shall not be disclosed to any other person except:
(1) As may be reasonably required in an
administrative or judicial proceeding to enfo.r.ce
any provision of this chapter or atiy rule adopted
pursuant to this chapter; or
(2) Under an order issued by a court or
administrative agency hearing officer."
SECTION 10. Sec*_ion 392G-85, Hawaii Revised Statutes, is amended to
read as follows:
"~342G-85 Container inventory report and payment. {a) Payment of
the advance glass disposal fee shall be made quarterly based on
inventory reports of the glass container importers, except for
those importers subject to subsectio:; (c) or (d) All glass
container importers shall submit to the department documentation in
sufficient detail that identifies the. number of glass beverage and
glass non-beverage containers manufactured or imported to the State
and sold or distributed, by manufacturer or distributor, during the
calendar year.
(b) Until September 30, 2002, the amount due from glass
container importers less glass containers exported for the calendar
year shall be the sum equal to the number of glass containers
provided in subsection (a) multiplied by the advance disposal fee
(~f ~.5 eerr~a.] specified in section 342G-82. Beginning October 1,
2002, the amount due from glass container importers shall be the
sum equal to the number of non-beverage glass containers provided
in subsection (a)te less non-beverage glass containers exported, and
multiplied by the advance disposal fee o_f 2 cents. Payment shall be
made by check or money order payable to the "Department of Health,
http://www.capitol.hawai i.gov/scssioncuerent/bills/hb 1256_sd2_.htm 1 1 / 19/2001
1=151256 SD2 Pale 19 of 20
State of Hawaii". All subsequent inventory reports and payments
shall be made not later than the fifteenth day of the month
following the end of the previous calendar quarter, except for
those importers subject to subsection (d).
(c) [~J Until S_ptember 30, 2002, a glass container importer who
imports fewer than five thousand glass containers within a one-year
period shall be exempt from payment of the fee.
F
i
~r~~, F~~ ] Beginninq_October 1, 2002 _ a~glass
container importer who imports or manufactures in the State fewer
that five thousand non-beverage glass containers within a one-year
period shall be exempt from ~ayment of the fee.
(d) Until September 30, 2002 a glass container importer who
irccports five thousand or more glass containers, but less than cr
equal to one hundred thousand glass containers, shall be permitted
to provide a report and payment of the fee annually, rather than
quarterly. Beginning October 1, 2.002, a glass container importer
who imports or manufactures in the State five thousand or more non-
beverage glass containers, but less than or equal to one hundred
thousand non-beverage glass containers, shall be permitted to
provide a report and pa~~ment of the fee annually, rather than
quarterly."
SECTION 11. Section 392G-86, Hawaii Revised Statutes, is amended tc
read as follows:
"(a) All county gla.~s recovery programs shall include:
(1) Some form of glass incentive or "buy back"
program providing a means of encouraging
participation by the public or private collectors;
and
(2) The paving [a.,;.a;..4~ ~ rb.n ~
of the equivalent of one mile of two lane asphalt
roadway as part of a research and demonstration
program utilizing glassphalt[-] or glass within any
other portion of the pavement section; or any other
demonstration project as approved by the
department."
SECTION 12. Section 392G-88, Hawaii Revised Statutes, is repealed.
[ .
l~ttp://www.capitol.hawai i.gov/sessioncurrentJbills/hb 1256_sd2_.htm I 1 / 19/2001
I-1B 1256 SD2 Pa~c 20 ~ ZO
SECTION 13. Section 392-89, Hawaii Revised Statutes, is repealed.
~t-k~~--~' )
SECTION 19. In codifying the new sections added by section 2 of
this Act, the revisor of statutes shah substitute appropriate
section numbers for the letters used in designating the new
sections in this Act.
SECTION 15. Statutory material to be repealed is bracketed and
stricken. New statutory material is underscored.
SECTION 16. This Act shall take effect on July 1, 2050; provided
that amendments made to section 36-27, Hawaii Revised Statutes, by
this Act shall not be repealed when that section is reenacted on
July 31, 2003, pursuant to section 9 of Act 142, Session Laws of
Hawaii 1998.
http://www.capitol.hawaii.gov/sessioncurrent/bills/h61256_sd2_.htm 1 1/19/2001
f~UY-~J-cUUI hKl I~~Uf Yfl void Legislative Hudito: hHli NU. tfUtS btil ti51~ Y. U~
~.115~~
for ~T.~o I~rsid.
~i~F~f~:
l~AC3C4;<l2®L1~
• Uralveaslry of Oa~on,13.S. Iza Potiti~l. Science
• Un~tillr4 Coasa'ty C'aarnmissionarsinee 1983; elected to free. 4 year terms
• Stock Holder aatd C3ftecer in ~"hsee ~sily Faraalirag Corporatioaas
f+f!lGo.
• Roard Member representing Orcgora
• C9tr$ir of A~icultt~ grad Riua1 Affairs St~sririg Coananitt~, 4 years
• Aulttaatr as~d Rte Azs Stet Cornaaritteo member for l ~ Years
• Chair safYdACa i~toaatina~rag ~ottaaaitt~;
• Rut~l Actlott Ca~~ ~ of $~Ireetors
• fi®meland Security T'astE force
11S~~CAT'I®1~1®~' UREEGOI~ C®iJl~`I'~.5 (ABC)
• Associataon ~sident in 19~
• ~Cingaaisiacd Service Award
• legisi.atim+e Conaaaaitt~ i~ca~bcr, 17 yeses
• AOC B3oned of ®irectoas
• Co~ir'1~~k Forea on State T`ax ref®a°aaa
UA7'1i41f~ C~~TI~f`~'
• Y~ ~tvixig Ca~tn~avalssioarer in (::taaaatills County's i•iistpcy
• 'Third loam ia3g Co:araty Cotnta~issioaaer in tine State of Oregon
• Appatnt~ai to 5t~e Hoards alai Cortissions by four Gov®raaos~ of both partiAs
• I.®ad C~atraact Yeltiator, 3 Unioa~
• I.~d Cotdiallissis38 it? City teotgaaai~tioaa making it amore eff'ieiGnt and cost ett'eetive
• ~ietped de~iop imgtnt iritaeavative coanmtatairy ba~ct Inmate 'Y'ransitiora f'ro~aaas,
inciatdirag vat xtyle~c, alcclaoi ala~ag, t~anaaent, and accoaarataibilsty s
• 3~etped de~e&ap Cc>stt2ty'3 fusB C~aa~eheta.~ive I.aaad Use Ply
~ W~,RL>~
• Kecipient of Children Fiast for Oaegoal9 Champion Award for Work with Children
• mregon State Liba~ey of 43oard of Traasaees
• A~ Citiuaa of Yom., honnetowta
• F'org~ attsi d1a a highly el'f`rdtlve wortcing r+~lationship vv3th the Confederated TYibes
of the ilaaaatilta Ir~i~ ~e~xt~tion, ~taich iS used tas a rasl nataaaaally
• L~eveloged Coaaney I-iigta Sshool Leadership Day sarogram, which received NACo
AciaioveartersB Aw~°d Rceogaaltioaa
• ~tecct~ rastioast}11y ~ one of Bhe top Ben Republican Local Officials in 1988
• east of ~ " tai tluAlity roco~ition for helping to create Oregon's V4~ellia*.ad
Prote~oaa±s l~r'o.
• Or~oar Ietaaaent ofAgricultaare Progress in Agriculture Award
• Chair of Stae~ids Lcauis Brad Clark l~icentenniai Oregon Committee
• United ~+'ay Gold Aawrsrd
~°~RS'~NAI
• Aifarri®d 34 years is wife Margaret
• six Ctrildr~aa, ages 21-31, tvdograradchildreaa
• 1Viearaber e~etl8area Mist Chasrch
I
_ . _ _ _ _ ~ , ~ . , v v
' _
KONr1 C:'?.1NCIL.
1~~~T~ ~~tT~~l~
- - " O R ~ G O N ~~Ol NOl1 ~ 9 0~ 7 30
' November 204'.
CCUN I r ~ ~ nA~lAII
~a
Dear Fcgow Board Metnbets, - - -
(5Gs) 588-5313 I am ctxcited that my friend and eolleal,?uca, Bill Hansell, has annpuneed his candidacy forNACo
(503) 58s-5?37 - r•,~x Second Vice-President 2002. Many of you losow what Bill has already cemlributed and have
BOARD or• encouraged him to serve NACU in this capacity.
C.OJdi1sA1SSt4NF:ItS .
l~i,?dall Franke Aill and I have worked together in the Association of Oregon Counties (AOC) foi• nearly twenty
Pani Milne years. I consider him a good friend and a trusted colloaguc. I have seen and c•sn attest to his
Itfikc Rysn proven leadership ausd effeciivencss. Bill foIlo~t'ed tat through the chairs of our state association
serving as AOC: President in ! 988_ Ho is the: longest serving comsasissioner in the history of
LJmatil'.a County, one of the state's Ieadinb agriculture producing &re'as located its Fastens
Orrt;on.
Ilaving bc<:r. a NACo 1'residertt, I know what is rc~uired to serve as an otldCar. Bill has what it
takzs to setwe and effectively represent NACo with his yeah of experience, proven leadership,
and a clsaraecter to rnaleh.
Bill cutreyntly and foe many years teas rcprescattrd Oregon or the ~JACo Aoard. In addition, four
consecutive NACcf Presidents have tappointed him as chair of the NACo Ag and P~ural Affairs
Steering Committee. I believe that those types of appoiat?tsents are because of his proven
leadetxlsip abilities. His NACo service; also includes seventeen yews as a member of the Ag and
Rural Affairs Steering Committee, meartbcrship on the Rural Action Caucus $oard of Dirrc:rors,
and Chair of the 2001 NACo Nonxinating Cot9arnittcv.
We aced the best to lead NACo, ttr:d Y sincerely belicvo that Bill Hansell is that individual. I am
proud lhatl3ill is atr f7regonian. Hpwevcr, I am supporting Bill because he possesses the: skills,
experiencz, dedication, and character to be a powerful voice for NACo.
Counties across the nation acre challenged more tha~s ever. This race is about effective 16adership,
dedicated seaviee, and strong integrity. I3i11 tsar demonstrated an excellent record on all counts,
I ask that you review Bill's enclosed resume and talk to nirn, Then joics mein suppnrtin~; tho best
for IOTACo Sit®®d Yie:e~Preslde~t #at 2042 - ~nBatilla County Coresrnlssioncr Bill Hansell, tiVe
need his stronG readership and strength of character.
Sincerely,
Randall : ranks
Marion i:ounty Commissiontr
Enclnsun;
P.S. I ant committed t0 strengthening the efftetit~rness esf NACo and fe21 strongly that Dill
Hansell is the leader wt rated. Please feel free to contact ma directly for additional
ti~fotmalion at (503) SBg-5212.
Aluion l":ounry ~ 5» Court St. PO Boz t45UD :;+ilcm, <_)R J7_~U:)-SU3C Kwn~~.co.aiaririi~,or.,is
01/02/02 1i'ED 15:56 FA% 808 270 7686 b1AUI COUNTY COUNCIL ANDRE{i' SEKINE ~1~
Counties of l~auai, Maui and Hawaii, City 8. County of Honolulu
or
f~'~~ ao" -
as"CJ 4 S
December 31, 2001 'r
Honorable Jon Yoshimura, Chair
City Council
City and County of Honolulu
Ciry I°~lall
~lonolulu, Hawaii 96813
Dear Chair Yoshimura:
SUBJECT: PFR®T® ENS®RCEIIIIIENT OF TFZA~~'IC
Vl®LATI®NS
At the December 10, 2001 Hawaii State Association of Counties {HSAC}
General Membership Meeting, a member of I~SAC inquired whether the cost of
photo enforcement of traffic violations in the City and County of Honolulu will be
borne entirely by the State of Hawaii as a Department of Transportation program
or if it is anticipated that all or a portion of costs associated with this program will
be passed on to the counties at some time in the future.
At your request, this letter is being sent to you for further action, as you
may deem appropriate.
Sincerely,
DAIN P. KANE
Secretary
Hawaii State Association of Counties
ocs:proj:hsac:hsac 2OO1:O1121O(photo}:rkk
"~~~~s
~
„a:
Counties of Kauai, Maui and ~iawaii, City B. County of t-fonolulu
a - . ~p~
~y'OF ~
-0 C X
O ~o -i~~ir> 4
0
c
nr~ o.
January 14, 2002
MEMORANDUM
TO: DAIN KANE, SECRETARY
FROM: JON C. YOSHIMURA, PRESIDENT
RE: WHETHER THE COUNTIES WILL IIJCURE A COST ASSOCIATED WITH OR
RESULTING FROM STATE PHOTO TRAFFIC ENFORCEMENT PROGRAM
In investigating the State's Photo Enforcement Program, our office can find only a negligible cost to the
City & County of Honolulu in the administration and implementation of the program.
Currently, the Photo Enforcement Program is run by Affiliated Computer Services USA, (ACS),
administered by contract through the Hawaii State Department of Transportation (DOT). ACS operates
laser cameras in four vans that can monitor traffic along 15 Oahu roadways. The program is executed only
on State roads and right of ways (intersections). ACS incurs all cost for the operation of the program.
Profits f-om the flies levied are split between the State Department of Transportation and ACS.
In my discussion with the City Department of Transportation Services (DTS), they felt that but for the tine
spent helping ACS "patch into" the city's signal system, for the purposes of coordinating their cameras
with the City's signal system, (est. cost < $100), there are no associated costs to the Ciry & County of
Honolulu, nor does the DTS foresee any costs at any time in the future.
Additionally, our office contacted the City's Prosecuting Attorney's office. According to their office, if a
person receives a photo enforcement ticket and decides to contest the ticket, the City & County of Honolulu
Prosecutors Office prosecutes the case. Although this represents a cost to the City, this action is consistent
with any contested traffic violation and part of normal Prosecutor's business- As the Photo Enforcement
Program is new however, a higher number of contested cases are expected.
In summation, we estimate there is only minimal cost to be incurred by the City & County of Honolulu for
the Photo Enforcement Program. This cost will result from the City's prosecution of contested photo
enforcement cases.
If you have any questions regarding this matter or need additional information, please feel free to call Sean
Casey or myself at 808-527-5816.
JCY: sc
~.ar rye w
dr
b M
R.... •'pr••
9~~•
Counties of I<auai, Maui anc~ Hawaii, City 8, County of Honolulu
. . -
4r ~ ion. Y _.q
p f
~n',,~~ i°
w~°'~ , • Y
9~,~ -
HAWAII STATE ASSOCIATION OF COUNTIES (HSAC}
EXECUTIVE COMMITTEE MEETING
December 10, 2001
9:00 a.m.
Hawaii Prince Hotel
Honolulu, Hawaii
I. CALL TO ORDER
II. EXECUTIVE COMMITTEE MEETING MINUTES
November 9, 2001
III. TREASURER'S REPORT
October 2001
IV. REPORTS
A. Executive Committee Reports
1. From Dain P. Kane, Secretary, to President Yoshimura, dated November
28, 2001, relating to the approval of the 2002 HSAC Legislative Program
Policy Statement.
B. County Reports
C. NACo Report
f
~r
-;;;.;...,r
V. UNFINISHED BUSINESS
A. 2002 HSAC Legislative Package
The purpose of this item is to act on the following items for the 2002 Legislative
Package:
1. Bill Relating to State and County Tort Liability
The purpose of the bill is to extend tort immunity to the State and counties
and their lifeguards for damages arising from the operation of public beach
parks.
Hawaii -
Kauai -
Maui -approved.
Honolulu -approved.
2. Bi11 Relating to Publication of Notice
The purpose of this bill is to exempt the counties from the publication of
notice requirements in Section 1-28.5, Hawaii Revised Statutes, except for
procurement code and health and human services contracts.
Hawaii -
Kauai -
Maui -approved.
Honolulu -approved.
3. Bill Relating to Limited Liability for Counties
The purpose of this bill is to limit the counties' tort liability arising from
certain hazardous recreational activities on county-owned or -controlled
properties.
Hawaii -
Kauai -
Maui -approved.
Honolulu -approved.
2
4. Bill Relating to Landowner's Liability
The purpose of this bill is to extend 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.
Hawaii -
Kauai -
Maui -approved.
Honolulu -approved.
5. Bill Relating to Traffic Fines
The purpose of this bill is to enable the respective counties to impose and
collect fines for violations of the statewide traffic code, in addition to the
fines imposed by the State under Chapter 291 C, Hawaii Revised Statutes.
Hawaii -
Kauai -
Maui -approved.
Honolulu -approved.
6. Bill Relating to Liquor License Fees
The purpose of this bill is to designate a portion of liquor license fees for
the funding of education, prevention, and treatment programs designed to
address alcohol abuse.
Hawaii -
Kauai -
Maui -approved.
Honolulu -approved.
B. Consideration of Additional Proposals for the 2002 HSAC Legislative Package
The purpose of this item is to consider and send to the counties additional
proposals for the 2002 HSAC Legislative Package
1. The purpose of this bill is to amend the Hawaii Constitution to allow
direct filing of felony charges and make implementing amendments to the
Hawaii Revised Statutes.
3
VI. NEW BUSINESS
A. Draft Letter to Senate President and Speaker of the House
The purpose of this item is to discuss a draft letter from the HSAC Executive
Committee Members to the Senate President and the Speaker of the House
requesting attention to the 2002 HSAC Legislative Package, emphasizing
legislative priorities, and requesting limiting the introduction of excessive
legislation.
VII. COMMUNICATIONS
VIII. ANNOUNCEMENTS
A. Next meeting: January 16, 2002, 2:00 p.m.
IX. ADJOURNMENT
4
H~.~v~i i ~~~c~~i~~i~r~ ~f C~~~t1~s
Counties of Kauai, Maui and Hawaii, City 8, County of Honolulu
t,, or
o~ e
k~ 9
T°"CJ f
A6 OF
November 9, 2001
Council Committee Room
City Hall i
Honolulu, Hawaii
I. CALL TO ORDER
The HSAC Executive Committee was called to order by President
Jon Yoshimura at 9:07 a.m. The following members comprised a quorum:
City and County of Honolulu: President Jon Yoshimura
Staff Andrew Sekine
Staff Sean Casey
Staff Charlotte Takasue
County of Hawaii: Vice President J. Curtis Tyler III
County of Maui: Secretary Dain P. Kane
Councilmember G. Riki Hokama
Staff Richelle Kawasaki
County of Kauai: Councilmember Jimmy Tokioka
Staff Cyndi Ayonon
I1. EXECUTIVE COMMITTEE MEETING MINUTES
The minutes of the September 10, 2001 (Amended) and October 8, 2001
Executive Committee meetings were approved.
III, REPORTS 01= THE TREASURER
The Treasurer's Report for September 2001 was approved.
1
Minutes of the November 9, 2001 meeting
Page 2
IV. REPORTS OF COMMITTEES
A. Executive Committee Reports
There were no Executive Committee Reports.
B. County Reports
There were no County Reports
C. N ,Co Reports
Vice President fiyler reported that he will be traveling to
Washington D.C. to attend NACo leadership meetings on the issue
of homeland security.
Councilmember Hokama requested input on legislative priorities
and consideration of support for Sill Hansell of Oregon as the NACo
2nd Vice President. He also reminded the Executive Committee
that proposed resolutions must be given to him at least 30 days
prior to the next NACo conference.
Vice President Tyler reported that Mr. Hansell sent him an a-mail
message expressing thanks for the great time he had during his
last trip to Hawaii and the tour he participated in through the
Agricultural Steering Committee.
V. UNFINISHED BUSINESS
A. 2002 HSAC Legislative Program Policy Statement
The four counties reported as follows on council approval of the
proposed amendment to the 2002 HSAC Legislative Program
Policy Statement:
Hawaii -approved
Maui -approved
Honolulu approved
Kauai -committee approval, pending council action
. ....n~~.UUVV IrUIIII111l1E-'E.''
Minutes of the November 9, 2001 meeting
Page 3
S. 2002 HSAC Legislative Package
Vice President Tyler, Councilmember f-(okama, and
Councilmember Tokioka provided comments on the introduction of
new bills or the use of carryover bills. President Yoshimura
informed the Executive Committee that the Honolulu City and
County Prosecutor, Peter Carlisle has requested HSAC consider
including a legislative measure to fast-track indictments in the 2002
HSAC Legislative Package. President Yoshi-more indicated he
would forward the request to the Executive Committee.
1. €3ill Relating to State and County Tort Liability
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii -committee approval, pending council action
Maui approved
Honolulu approved
Kauai -committee approval, pending council action
2. Sill Relating to Publication of Notice
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii committee approval, pending council action
Maui -approved
Honolulu approved
Kauai - no action
3. Qi!I Relating to Limited Liability for Counties.
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii a committee approval, pending council action
-Maui -approved
Honolulu approved
Kauai committee approval, pending council action
nninutes of the November 9, 2001 meeting
Page 4
4. bill Relating to Landowner's Liability
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii g committee approval, pending council action
Maui ~-approved
Honolulu --approved
Kauai ~ committee approval, pending council action
5. Bill Relating to Traffic Pines
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii ~ committee approval, pending council action
Maui ~ approved
Honolulu -approved
Kauai g committee approval, pending council action
6. Sill Relating to Liquor License l=ees
The four counties reported as follows on council approval of the
proposed bill for inclusion in the 2002 HSAC Legislative Package:
Hawaii ~ committee approval, pending council action
Maui ~ approved
Honolulu ~ approved
Kauai ®committee approval, pending council action
C. HSAC Mid-Fear Conference
Your Committee discussed possible attendance by the various
counties. Vice President Tyler thanked President Yoshimura for
the invitation to provide the closing remarks. Honolulu City and
County staff, Sean Casey reported that the NACo President is
available to attend the Conference. Mr. Casey provided copies and
a brief overview of the revised schedule for the Conference.
President Yoshimura asked Councilmember Hokama to moderate a
panel and Councilmember Hokama accepted. Various suggestions
were made regarding additional changes to the proposed schedule.
i~r-.v ~~c~uuvC ~..Uttl(TIIIieE'
Minutes of the November 9, 2001 meeting
Page 5
VI. NEW BUSINESS
A. HSAC Executive Committee Meetings for 2002
President Yoshimura provided a document entitled "Tentative Schedule
HSAC Executive Committee Meetings for 2002". After discussing this
document, the HSAC Executive Committee members agreed to the
following tentative schedule of meetings to be held in Honolulu at City Hall
unless otherwise noted:
January 16, 2002; 2:00 p.m.
February 8, 2002; 9:00 a.m.
March 22, 2002; 9:00 a.m.
April 12, 2002; 9:00 a.m.
May 10, 2002; 9:00 a.m.
June 2~4, 26, 2002; Year-End Conference in Maui County
July ®no meeting
August ~ no meeting
September 13, 2002; 9:00 a.m.
October 11, 2002; 9:00 a.m.
November 22, 2002; 9:00 a.m.
®ecember 9, 10, 2002; Mid-Year Conference in Honolulu City & County
Your Committee discussed the upcoming HSAC Year-End and Mid-Year
Conference dates. Your Committee noted that the City and County of
Honolulu would have to take a conference out of rotation since they are
hosting the 2001 Mid-Year Conference in ®ecember for Hawaii County.
Your Committee further notes the following schedule for upcoming HSAC
Year-End and Mid-Year Conferences:
June 2002 Year-,End Conference, Maui County.
Minutes of the November 9, 2001 meeting
Page 6
December 2002 Mid-Year Conference, City and County of Honolulu. (Out
of rotation)
June 2003 Year-End Conference Kauai County.
®ecember 2003 Mid-Year Conference, Hawaii County.
VII. COMMUNICATIONS
The following communication was received:
A. Memorandum dated October 30, 2001 from Treasurer Kouchi
transmitting the 2001 HSAC Year-End Conference Financial Report
and a check for $7,581.58 for the proceeds of the conference.
Vlli. ANNOUNCEMENTS
President Yoshimura announced that the next meeting will be held on
®ecember 10, 2001 at 9:00 a.m. at the Hawaii Prince Hotel, Honolulu.
Vice President Tyler provided a draft letter to the Senate President and
the Speaker of the House from the HSAC Executive Committee Members
requesting attention to the 2002 HSAC Legislative Package, emphasizing
legislative priorities and requesting limiting the introduction of excessive
legislation.
X. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:10 a.m.
Very truly yours,
~~(,~Gt t., J ? 1.1.2 V~ 1
RAIN P. KANE °~L
Secretary
Hawaii State Association of Counties
ocs: proj: h sac:011109mi n: rkk
Counties of Kauai, Maui and Hawaii, City 8. County of I~ionolulu
Y' e;~
O OU NTY Or
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a rv U p~ ~
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v`Y' ,~TF GF`N per
November 20, 2001
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 October 1 through
October 31, 2001.
Sincerely,
/ ~ `
IaONAL KOUCHI
Treasurer, Hawaii State Association
of Counties
Enc.
TC' ~JN~o' N,w':
e~ ~ - .,.r~\
. .
HAWAII STATE ASSOCIATION OF COUNTIES
REVENUES COLLECTED AND EXPENSES P
AID
Fiscal Period: October 1 through October 31, 2001
FUND 1gALANCE AT BEGINNING DATE $55,707.50
This Period Year to Date uB dget
001 Membership Fees $0.00 $28,000.00 $28,000.00
010 Conference Income $2,376.12 $2,376.12 $8,000.00
011 Conference Seed Money Reimburseme $0.00 $0.00 $0.00
030 Interest Income $114.02 $360.56 $1,200.00
Total $2s490.14 $30,736.68 $37,200.00
TOTAL RECEIPTS THIS PERIOD $2,490. i4
Disburseuxerats
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 0.00 600.00
309 Miscellaneous 0.00 0.00 100.00
NACo
401 Travel 1,000.00 1,795.30 9,000.00
402 Promotional 0.00 0.00 500.00
403 Dues 0.00 0.00 21,215.00
409 Miscellaneous 0.00 0.00 250.00
WIR
501 Travel 0.00 0.00 2,000.00
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
609 Miscellaneous 0.00 0.00 0.00
610 WIR Conference 2001 0.00 0.00 0.00
611 NACo Annual Conference 2005 0.00 0.00 2,605.22
612 HSAC 2001 Mid-Year Conference 1 000.00 1 000.00 0.00
Total $2,000.00 $ 2,795.30 $ 48,520.22
TOTAL EXPENSES THIS PERIOD .2,000.00
FUND BALANCE AT END OF PERIOD: $59,197.94
11/LtS/U1 rir.ll 1U:44 1'tlA ZSU2S L!U lOtSb MAU1 l;UU1V'1'Y (;UUlV(,1L A1Vll1tr:W 5~K1NK L~UO
Cou~ti~s of I~~uai, Maui end ~t~w~ii, City 8. County of ~~raolulu
e
y ~ 9, t4~
1 ~ : r ' g
November 28 2001 a
~
Official,Action °faken
Approval by Executive Committee
Meeting of November 9, 2001
Jon Y®shimura, President
Hawaii' State Association of Counties
530-South King Street
Honolulu, Hawaii 96813
®ear Mr. President:
Pursuant to Section 20 of the Sylaws .of the .Hawaii State Association of
Counties (HSAC}, which requires a report of each official action, the following
reports on the referral of the proposed 2002 HSAC Legislative Program Policy
Statement. The 2002 HSAC Legislative Program Policy Statement approved by
the Executive Committee is as follows:
`The Hawaii State Association of Counties (HSAC} shall be
guided by the following policies during the 2002 legislative
session:
1. °The Executive Committee shall determine ' the `
strategy for HSAC's efforts before the legislature;
and
2. An HSAC officer or designee shall testify before
the Legislature on proposals in the 2002 HSAC:.-
Legislative I~ackage.
3. ~'he Executive Committee may add legislative
items to the HSAC Legislative Package during the
legislative session if the measures promote the
counties' home rule authority and/or increase the
counties revenues.
President Jon Yoshimura,
Hawaii State Association of Counties
November 28, 2001
Page 2
The executive Committee notes that the purpose of the proposed 2001
HSAC Legislative Program Policy Statement is to guide t°1SAC's official actions
during the next legislative session.
All four counties hays reported approval of the recommendation.
Very truly yours,
RAIN P. KAN~
Secretary
Hawaii State Association of Counties
ocs:hsac:4'11149sec1(leg policy):rkk
1
PROPOSING A.*~I~TD*B~NTS T°0 ARi IC1aE •I, SEC"~°ION 10, OY° ~~jb
~ e
CONSTI TtJTI ON .
I3~ I`I' IeNA~D I3Y I,~GISI.AT°ITF.1~ OF ST°AT~ OI~ ~~i :~I'1: •
i S~,°CTION 1. The purpose of this Act is to p:.opase a:
Z amendment to article Z, section 10, of the Constitu~ior, of she
3 State of Hawaii to permit prosecutors and the attorney general
a to initiate felony criminal charges by filing a written
5 information signed by the prosecutor or the attorney gene_al
~ .setting forth the charge in accordance with procedures and
~ conditions to be provided by the state legislature.
~ SE.CTION 2. Article I, section 10, of the Constitution of
y the State of ~Iawaii is amended to read as follows:
10 "INDICT~NT`; PRL°I~IMINARY HEARING; INF'ORNSATION;
~ DOUBLE ~OP~.RDY; SELE~INCRIMINATION
~Z Sectrion 10. No person shall be held to answer for a
]3 capital or otherwise infamous crime, unless on a presen°:ment or
~a indictment of a grand jury or upon a finding of probable cause
is after a•preliminary hearing held as provided by law(,] or upon
16 information in writing signed by a lega~rosecuting officer
Afi°Cs~8(d 1)
: ~ ~
1 under conditions and in accordance with procedures that the
2 legislature may provide, except in cases arising in the armed
3 ~ forces when in actual service in brae of war or public danger-;
4 nor shall any person be subject for the same offense to be twice
5 put in jeopardy; nor shall any person be compelled in any
6 criminal. case to be a witness against oneself."
7 SECTION 3. The question to be printed on the ballot shall
8, be as follows:
9 "Shall Hawaii's constitutional provision regarding the
io initiation of criminal charges be amended to peraa.it cri,.aninal
li charges for felonies to be initiated. by a legal prosecuting.
12 officer through the filing of a signed, written inforx~ation
13 setting forth the charge in accordance with procedures and
~a conditions to be provided by the state legislature?"
15 SECTION 4. Constitutional material to be repealed is
16 bracketed. New constitutional material is underscored.
17 SECTION 5.. This agnendgnent shall take effect upon
i8 compliance with article X~TII, section 3, of the Constitution of
i9 the State of Hawaii.
INTRODUCED HY:
ATG-8 (10)
. x.1111 1 b 1 1 tl ,
•e~A • •
JAN 2 3 2001
•
~~i ING TO CRIMI2~I, O~=~T5~5 .
~E IT' FNAI~ ~3Y I,~GISI,,A ~F S'I°.~`l~ OF ~i«'e~~;
1 S~C°IION 1. Chapter 805, ~iawaii Revised Sta`utes, ~s
2 amended by adding a new section to be appropriately desmg:~a:.ec
3 and Lo read as fo?lows: .
i "805- del®naes m prosecute.®n b~ inf®r~.en. (a?
~xceot for murder in the first degree and attempted murder in
~ she fist decrree, an offense designated as a felony or which may
~ be ouni~shable by a tee of a,~aFrisonment exceeding one veer or a
s =ine exceeding S2, 000, o: both, Yna~be orosecuted by a~rritten
info~na~ion signed by a legal prosecuting officer.
~o (b) ~~hen offenses are prosecuted by information, the legal
I] orosecuting officer shall attach exhibits such as, .but not
11 limited to, affidavits sworn to before the legal prosecuting
l3 officer, to the information. In addition, the exhibits may
~.t include, but are not limited to documents, p2iotographs,
i~ recordings, or other ~?aterials or copies thereof. Said exhibits
shall demonstrate the existence of probable cause to believe
17 that the offense or offenses charged in the information have
~~~-S(O1)
.
. 1~~.
1 been coar~ariitted and that the defendant committed the offense os
Z offenses. The information and all exhibits shall be filed in
3 the Circuit court.
4 (e) When an information is filed, the court shall review
5 the information and its exhibits to determine whether there is
6 probable cause to believe that tie defendant committed the
7 offense or offenses charged. If the court deteranines that there
•8 is probable cause to believe that the defendant eommitted the
9 offense cr offenses charged, the ct~ux°t shall set bail and direct
Io the clerk to issue a warrant for the arrest of the defendant.
11 (d) The defendant may move in circuit court to disffiiss th e
I2 .information on the grounds that the information and its
i3 attachments do not deanonstrate the existence of probable cause
~a to believe that the offense or offenses charged have been
1s committed ®r that the defendant coa~.itted the offense or '
l~ offenses. Upon the filinc,~ of the m®tion to disatiss, the court
17 shall schedule a hearing to be held within a reasonable time.
18 (e) ~t the hearing on the motion to dismiss the
1y information, the infor~aation and all its attachments shall be
20 before the court. the defendant may call witnesses and nay
21 introduce evidence bearing on the question of the existence of
22 probable cause to charge the defendant. The court array, in .its
LTG@x(01)
Page 3
i discretion, permit the State to call witnesses, introduce .
2 evidence, or otherwise supplement the exhibits appended tc the
3 ~informatiOn.
a (f) lifter conducting the hearing on the motion to dissr~iss
S the information, the court shall del ermine. froa~i an examination
6 0:~ the information and its attachments, and in light of any
7 evidence resented at the hearin , whether there exists probable
8 cause to believe that the offense or offenses charged have been
9 coanmitted and that the defendant committed the offense or
10 offenses. ~ finding of the existence of probable cause may be
11 based in whole or in dart upon hearsay evidence or on evidence
12 that nay ultimately be ruled to be inadmissible at the trial.
13 ~ ~`or the nur~oses of this section, "legal prosecuting
14 officer" means the attorney general or a prosecuting attorney,
15 deputy attorney general, deputy prosecuting attorney or a person
16 designated and authorized by the attorney general or prosecuting
17 attorney to act as a deputy attorney general or deputy
l8 ~rosscuting attorney."
19 SECTION 2. Section 641@13, iiawaii Revised Statutes, is
20 amended~to read as follows:
21 "§641.-13 Fay State in criminal cases . An appeal may be
21 taken. by and on behalf of the State from the district or circuit
~~c ~
1 courts to the supreme court, subject to chapter 602, in.all
Z criminal. • cases, . in the following instances : .
3 ~ (1) From an order or judgment quashing,• setting aside, or
a sustaining a a~aotion to diss~iss, any indictment,
5 information or complaint or any count thereof;
6 (2) From an order or judgment, sustaining a special plea
~ in bar, or dismissing the case where the defendant has
8 not been put in jeopardy;
.9 ~ (3) From an order granting a new trial;
to (4) F`roxn an order arresting judgment;
12 (5) From a ruling on a question of law adverse to the
i1 .Mate where the defendant was convicted and appeals
is from the judgffient; .
~a (6} Fros~ the sentence,. on the ground that it is illegal;
15 (°7) From a pretrial order granting a 3IIOtion for the
suppression of evidenee, including a confession or
admission, or the return of property in which case the
]8 intermediate appellate court or the supre.~ne court, as
19 the case raa.y be, shall give priority to such an appeal
20 and the order shall be stayed pending the outcome of
21 the: appeal ;
~.TG-~ (O1)
gage 5
1 (8) ~`rom an order denying a request by the State for
2 protective order for nondisclosure of witness for
3 ~ ~ their personal. safety under Rule 16 (e) (4 ) of the .
a Hawaii. Rules of Penal Procedure, .in which case the
5 intermediate appellate. court or the supreme court, as
6 the case may be, shall give Priority to such appeal
7 and the order shall be stayed ,pending outcos~e of such
g appeal;
g (9) From a judgment of acquittal following a jury verdict
10 of guilty." .
11 SECTION 3. Section 806-6, Hawaii Revised Statutes, is
12 amended to read as follows:
13 °'§806-6 Use of; furnisha,ng of copy. In all cases of
]4 offenses against the laws of the State brought in the first
1~ instance in a court of record, the accused shall. be arraigned
1s and prosecuted upon an information, complaint, or indictment as
17 soon after the coitanent of the offense of which he is accused
is as aeiay be expedient .
19 In all cases of felony the defendant shall be.furnished
20 before arraignment with a copy of the information and all
Z1 attachments appended to it, the complaint, or the indictment
zz found against him."
r ayC V
• • •
1 SEOfiION 4. New statutory xnatorial is underscored.
~ SEOfi~ON 5. 'his Act shall, take effect ninety days after
3 the ratifieation of a constitutional affienc~ent permitting
4 initiation of criminal charges by the filing of a d,rritten
5 information signed by legal prosecuting officer.
INfi~ODUC~I7 ~Y
. ~eq
AfiG°~ (O1}
. _
Coul~ties of l6~~~i,1lll~tai ~n~! H~an~~ii, City 8e County of ~lor~ol~.1l~.1
f` ~ _ _ . - ~
October 31, 2001 0~°`' ~
d Y 'a
Robert Bunda, President q
State Senate a'~`
Hawaii State Capitol, Rm. 003
415 South Beretania Street
Honolulu, Hawaii 96813 '
Calvin K. Y. Say, Speaker
- House of Representatives ?
Hawaii State Capitol, Rm. 431 '
415 South Beretania Street
Honolulu, Hawaii 96813
Dear Friends,
As your legislative colleagues in county government, we send you our very best wishes for
a productive Regular Session of the upcoming State Legislature. Like you, we are deeply
aware of the many grave challenges facing our state and nation, We all owe the people of
Hawaii our best efforts.
t
We are writing to request your thoughtful attention to several issues of longstanding
concern to the four counties.
For many years, the Hawaii State Association of Counties (HSAC) has presented to the ~i
- legislature a small number of bills endorsed by the councils of all four counties. We d
- deliberately limit our package to those concerns of greatest priority and consensus.
''%1
Foremost among our legislative concerns has been our request to extend immunity to the
counties for damages arising from the operation of public beach parks (insert Ball #~s). This
~ perennial request is long overdue for adoption. When the counties are hard-pressed to
maintain critical public safety services with sorely constricted budgets, we cannot bear the
costs of unreasonable judgments arising from lawsuits. Such costs are effectively assaults on
essential government services and the taxpayer's pocketbook. In short, the greater public
good must take precedence over the special interests of trial lawyers. Accordingly, we ask !i
,i
that you do your utmost to secure passage of this legislation this year.
i1
In October, a rare and historic Third Special Session of the Legislature convened to take
up consideration of critical legislation to stabilize and rebuild Hawai`i's economy.
? t;ndouhtedly, much new legislation will be taken up in the upcoming Regular Session to
.v, fu.*ther ba€ttress our faltering economy. To assure the passage of truly productive legislation, i11~
1 we believe that the legislature must be guided by several principles, as follows: `i
ij
1. Public health and safety issues, including support for "safety net" expenditures,
should be paramount.
1 2. In good faith, the state should maintain its TAT formula for grants-in-aid to the
counties and give all possible consideration to county needs for revenues. i
' ~ 3. A spirit of bipartisan fairness and achievement should prevail over factionalism. j
a
°4 ~
V p`~•«p
a
Finally, we respectfully urge you to lead an effort to Bill Introductiazaas ~c Enaccaaeents:
curtail the introduction of excessive legislation during 199 and 1999 Re~tar Sessi®ns
this upcoming session. When many thousands of bills a;il~ ~uls
are introduced annually, true focus and legislative Legislature rRc~d~zed lt;~ted
management suffer. When everything is a priority,
nothing 1S a priority. U.S. congress 7,732 394 5°/,
(1997-98)
Alabama 3,625 824 23%
Last year, a major study conducted by the National Alaska s37 zs9 31%
Council of State Legislatures-ate Case for Arizona z,l 17 6so 32%
Arkansas 2,041 1,362 67%
Representative Democracy, Part II-revealed that the California 5,391 z,tzs 39%
Hawaii Legislature introduced more bills in 1998-99 Colorado 1,213 6slz s6°i°
Connecticut 4,522 650 14%
than 48 other states (see graphic). Delaware 1,166 sz9 as°i°
Florida 5,052 853 17%
Georgia 2,490 969 39%
Two years ago, former Senate President Norman :~;~SS , .
Mizuguchi said, "Let us improve the conduct of our
Idaho 1,469 837 57%
own legislative affairs. Session after session we drown nuno;s 6,s2z s12 Iz°i°
ourselves in asea ofpaper-thousands of bills, many of Indiana 2,392 z 13 9%
which will never be read a ain." He ro osed a strict Iowa 2,271 437 19°i,
g P P Kansas 1,846 464 25%
statutory limitation on the number of bills each member Kentucky 1,333 3s7 27°i°
Louisiana 4,400 1,532 35%
COllld 1ntTOdllCe. Maine 2,201 947 43 %s
Maryland 4,644 1,451 31
Massachusetts 15,020 912 6%
We believe that same result could be achieved by the Michigan 3,402 742 z2°i°
adoption of rules at the outset of the upcoming session. Minnesota 6,656 422 6%
Mississippi 7,039 t,082 IS%
A show of such self-discipline would be a welcome Missouri 2,49g 3so ]a°i°
tonic to fortify legislative resolve and inspire many Montana 1,013 ssz s4%
Nebraska 1,394 489 54%
anXIOUS C1t1ZenS In Hawal`1. Nevada 1,167 691 59%
New Hampshire 1,894 653 34°/
New Jersey 5.814 427 7%
We thank you for your thoughtful attention to these New Mexico 4,203 516 l2%
CO11CernS. New York 32,263 1,566 5%
North Carolina 3,115 739 24%
North Dakota B8I 554 63%
Sincerely, Ohio 1,235 280 23%
Oklahoma 3,601 784 22%
Oregon 3,901 871 26%
Pennsylvania 4,764 340 7%
Rhode Island 7,273 1,404 19°/,
South Carolina 2,731 571 21%
Jon Yoshimura, President, HSAC South Dakota 1,208 60~ so°i°
Tennessee 3,431 1,286 37%
City Council, City and County of Honolulu Texas s,s61 1,4g7 z7°i°
Utah 1,465 742 51%
Vermont 1,147 212 l8%
Virginia 4,113 1,999 49%
Washington 3,948 781 20%
West Virginia 2,724 636 23%
J. Curtis Tyler, III, HSAC Vice President Wisconsin 2,71s 494 Ig°i°
Hawaii County Council Wyoming 7as 3zg 4a°i°
Puerto Rico 2,729 450 16%
STATE
TOTALS 201,723 39,65E 20%
Ron Kouchi, HSAC Treasurer
Kauai County Council
Dain Kane, HSAC Secretary
Maui County Council
Counties of K~u~i, Maui ~n~i H~vv~ii, City County of 4~ono~ulu
, ~ aK:. ~;cc,
.;:,4.~; .
-t..
X:i o ,
1.-
\~F Of Ma
a',
'A!.G..?s' .
January 10, 2002
MI ~~~~ANDUM
TO: HSAC EXECUTIVE COMMITTEE MEMBERS
FIaOM: JON C. YOSHIMt.TR'~~, PRESIDENT
RE: EXECUTIVE CO~~ s ~:~A ''SEE REVIEW OF BEVERAGE CONTAINER
DEPOSIT LAW
Attached for your review are Resolution 01-0333 and background anforanation on a
proposal for the enactment of a beverage container depasr~-law anct ncl~;~icn in the 2002
HSAC Legislative Package. Due to the fact that the Non-Administsa~Ir~e ~'aekage Cut-Off
date at the Hawaii State Legislature is January 18th, and the HSAC Executive Committee
Meeting is January 16th, time is of the essence. The resolution therefore was heard before
the Honolulu City Council Policy Committee, Wednesday, January 9, 2002, and was
approved.
Although I would have preferred this proposal first come before the HSAC ~~ec~:~:~~~:::
Committee, discussed, then sent to your respective county councils for appro,~~,
Honolulu City Council approved Bottle Bill Proposal will appear on the Janzza~~>~ < ~ ,
HSAC Executive Committee Agenda to be considered by the Executive Com ~ ~z~~<> rs;; ,
inclusion in the HSAC 2002 Legislative Package.
Thank you for your time and consideration of this matter. Please accept my ape~_o" for
the short notice. Feel free to contact Sean Casey or myself at 808-527-5816 if you have
any questions or need additional information.
Enclosures
JCY: sc
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DEPARTMENT OF ENVIRONMENTAL SERVICES
CITY A~ol ~ COU NT'Y NONOL.U LU
650 SOUTH KING STREET, HONOLULU, HAWAII 96813
Phone: (8081527-6663 • Fax: (8081527-6675
JEREMY HARRIS Gpl3NTY p~
o yo TIMOTHY E. STEINBERGER, P.E.
MAYOR q y~ DIRECTOR
a
ci ~ ~ ~ FRANK J. DOYLE, P.E.
p DEPUTV DIRECTOR
k tl {r
`fir IN REPLY REFER TO:
4TF OF NA~p RR 01-043
December 7, 2001
The Honorable Jon Yoshimura
President
Hawaii State Association of Counties
530"South King Street, Room 202
Honolulu, Hawaii 96813
Dear Councilmember Yoshimura:
Subject: Support for HB1256 Establishing a Beverage Container Deposit System
We are preparing for the opening of the 2002 legislative session and for the re-opening of the
Bottle Bill (HS1256). This bill would establish a beverage container deposit system for Hawaii,
which would significantly increase recycling and reduce litter. The system has been intelligently
designed to share the responsibilities among government, business and the consumer, and we
believe this to be the most effective method for getting this job done. We ask that the members
of the county councils consider lending your support to this bill, too.
H61256 passed through the House and Senate during last session with surprising success.
It passed all committee and floor votes with more than a majority. At third reading, the Senate
passed the bill with 23 ayes and two noes, and the House passed it with 41 ayes and eight noes.
HB1256 was held in conference committee awaiting a proposal from the beverage industry on
possible alternatives to a bottle bill. As the 2002 session opens, the conference committee can
reconvene at any time to vote on this bill. The members of the conference committee are now
the key decision-makers regarding the fate of this bill. The committee is chaired by
Representative Hermina Morita and comprised of the following representatives and senators:
Representatives Ahu Isa, Nakasone, Kawakami, Bukoski, Davis, and Senators Inouye, Menor,
Taniguchi, Tam, Hemmings.
The coalition of support for this bill is impressive. All of the government agencies charged with
developing recycling programs and managing waste, both state and county, plus our local
recycling companies and environmental organizations, are in agreement that the bottle bill is
needed and that HB1256 is well-crafted.
The Honorable Jon Yoshimura
December 7, 2001 .
Page 2
Beverage container deposit systems are operating successfully in ten states and one city,
averaging 80% recovery and reporting phenomenal reductions in litter. For the past 16 years,
other states have tried repeatedly to pass similar legislation, which was blocked by the beverage
industry. Hawaii's success in the last session has been noted across the country. Advocates
are hopeful of our final success in the upcoming session. Opponents in the beverage industry
are determined that Hawaii not reopen this door, allowing other states to follow suit. We have
an opportunity to establish Hawaii as an environmental leader. As the custodians of paradise,
that role seems almost mandatory. Please join us in support of the bottle bill.
- Sincerely,
` ~ ,
TIMOTHY F. STE NBBRGER
Director
Attachments
' Container Summary Page 1 of 6
ev~r~ ~n~ir~~r L~r~ fir ~~ii
~ ~ ~ `
why ~ b®ttle b~~l? ~Vhy ~®w?
Increase Decyclitag
Container deposit systems operating in 10 states around the country achieve 80% recovery on average,
which is greater than curbside systems (50%) and far greater than voluntary drop-off (20%). Hawaii
state law established a goal to recycle 50% of the waste stream by 2000; the current statewide recycling
ratc is 24%.
Dedaxee Litter
In states with container deposits, beverage container litter has virtually disappeared. The few cans and
bottles that are tossed on sidewalks, playgrounds and beaches are soon picked up when they are worth' a
nickel. A 1990 U.S. Government Accounting Office report estimated that bottles and cans represent 40-
60°~® of total litter nationwide. States with deposit laws report reductions in beverage container litter ~ `
ranging tom 69-83%. The Hawaii State Department of Business, Economic Development ~ Tourism
reports that 20,Oft0 beverage containers were picked up in just four hours during the annual "Get the
Daft and Bag It" cleanup.
Promote Econonsie Developanent
Container deposit systems create jobs; net gains in employment have been shown in nearly every state
with deposit systems. A Michigan study showed that labor comprised 62% of the costs associated-with
system operations. In Michigan an additiona14,684 jobs were added to the economy. New York found
that 3,800 new jobs were created in that state. Massachusetts and Vermont gained 1;800 and 350 jobs
respectively.
A container deposit system would reduce costs of disposal, recycling and litter clean up currently paid
for by local government and taxpayers. In addition, Hawaii's tourist industry would benefit from an
imdproved environmental image with cleaner roads, parks, beaches and a visible demonstration of our
local commitment to keep Hawaii a paradise.
ProQnote Environmental Education and Awareness
The 6th graders from Molokai, who gave testimony to the legislature, provided the best example. In
their months of research on bottle bills and the states where these systems are in place, they found that
other kinds of litter were reduced in addition to beverage container litter. They could only assume that
the container deposit had created a heightened public awareness to the environment and keeping our
communities clean.
Despond to Paals~ic Demand
Beverage container deposit laws have widespread public support nationwide, ranging from '70% in a
1990 poll by the U.S. General Accounting Office to 76% in a poll by Peter D. Hart Research Associates.
No state container deposit law has ever been repealed, even though the beverage industry has tried
repeatedly. A local poll conducted by 6th grade students on Molokai confirmed the public's support.
They found that $7% supported the concept.
Su~argaary ~~256
Hawaii's bottle bill would establish a refundable deposit of five cents on beverage containers (glass,
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Container Summary Page 2 of 6
plastic and aluminum), plus atwo-cent handling fee to cover the operational costs. Consumers redeem
their five-cent deposit when they return the empty container to the store or independent redemption
center. The two-cent handling fee, which may be passed along to the consumer in the cost of the
product, is not refunded to the consumer, and is used to pay for the redemption center operations.
All retailers of beverages are required to charge the deposit and to post signage informing customers of
the nearest redemption area. The large retailers are required to provide redemption of the deposit for the
consumer. Small convenience stores are exempted from the redemption requirement, but may elect to do
so voluntarily as a customer service. If an independent redemption center is established within aone-
mile radius of the retailer, the retailer is not required to redeem deposits.
Local distributors initiate the deposit when they sell their product to the retailer, and they are required to
label all beverages sold in Hawaii with the deposit amount. The distributors then transfer the deposit
monies to the State of Hawaii, who administers the system. Retailers recoup the deposit charged to them
by the distributor when they sell the product to the consumer.
Redemption operations may be run by the stores themselves or by independent redemption centers
established by local recycling companies or individuals. Each redemption center is registered with the `
State and'must accept all of the types of beverage containers included in the system. The redemption-
center or store submits monthly invoices to the State for the containers they redeem. In addition to the
five deposit, they are paid the handling fee of two cents per container to cover collection, transportation
and handling costs.
The costs to operate this system including operating the redemption centers, collection, handling,
transportation, administration and public education are supported through two funding sources:
1. A beverage container fee of two cents per container is included in Hawaii's system to completely
cover payments of the two-cent handling fees to the redemption centers. The distributors pay the
beverage container fee to the State along with the deposit.
2. The unredeemed deposits provide an additional source of funds to cover the State's administration and
public education costs, but one that fluctuates with recovery rates. As recovery rates increase, which is
the goal, the pool of unredeemed deposits decreases. Thereby making it impractical to rely solely on
unredeemed deposits to support operational costs.
The monies generated by these two funding sources can only be expended to support recycling. In
subsequent years, the State along with the counties would report to the legislature and recommend any
needed changes in the fee structure. The beverage container fee can not go above two cents for five
yeazs; it can, however be decreased.
Glass containers have been subsidized with an advance disposal fee (ADF) since 1990, currently at one
and one-half cents per container. With the proposed deposit system, this glass ADF would be amended
to apply to non-beverage containers only, once the beverage container fee takes effect.
The deposit system start date was proposed for October 1, 2003. This date would need to be moved
forward at least one year to 2004 to reflect the delay in passage between legislative sessions. Payment of
the two-cent beverage container fee would begin one year prior to the start date in October 2003 to allow
the state to prepare for start-up, including hiring personnel and establishing a sufficient start-up fund.
Administrative rules governing the operations and administration of the system would be promulgated
by the end of December 2003, allowing 18 months for the process to be completed.
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Container Summary Page 3 of 6
~nesti®ns ans~ Answers
Container deposit laws have been proposed many times in Hawaii over the last 10 years and have not ~r
been successful. What's different now?
1. The system being proposed has been well-designed through a cooperative effort among the leaders in
recycling in state and county government, the recycling-industry and local environmental organizations,
and all are in agreement that the proposed system will be effective -and operate efficiently.
2. The responsibilities assumed by the beverage distributors and retailers have been minimized.
Distributors are not required to take back returned containers and retailers can opt out of handling on-
premises redemption if an independent redemption center is established within a mile of their store.
3. The timing is right for Hawaii to move forward with a container deposit law. Over the past 10 years,
commercial sector mandates to recycle have been established (on Oahu} and voluntary efforts in
community recycling have achieved their full potential. The next logical step to move recovery rates
forward is a container deposit that provides sufficient economic incentive to the consumer to recycle:
Who se~giports and who opposes the container deposit law for t-Iadvaii?
Generally, container deposit laws are supported by environmental and public interest groups and
opposed by the beverage industry. The proposed container deposit system is supported by all of Hawaii's
leaders in recycling and environmental organizations. The system being proposed has been well
designed through a collaborative effort among the leaders in recycling in state and county government,
the recycling industry and local environmental organizations, and all are in agreement that the proposed
system will be effective and operate efficiently.
The supporters and collaborators include: State Department of Health; State Office of Environmental
Quality Control; City & County of Honolulu, Department of Environmental Services; County of Maui,
Public Works; County of Kauai, Public Works; County of Hawaii, Public Works; Island Recycling
Company; TOMRA Recycling Network; Honolulu Recovery Systems; Recycling Systems Hawaii;
Aloha Plastic Recycling; Aloha Glass Recycling; Sierra Club; Life of the Land; UH Sea Grant; Citizen
Action Project. And the list continues to grow.
The opposition includes members of the Hawaii Food Industry Association, including retailers and
distributors.
Why does the beverage industry object to container deposit laws?
Beverage industry concerns were considered in the design of Hawaii's. system. The responsibilities
assumed by the beverage distributors and retailers have been minimized.., Distributors are not required to
take back returned containers and retailers can opt out of handling on-premises redemption if ~n
independent redemption center is established within a mile of their store. Small stores restricted by space
have been exempted. However, the beverage industry still opposes this measure.
Overall, the industry's position is that recycling is a government responsibility,.not theirs. This position
is unique to the United- States. In Canada and Europe, container deposit laws that share -the
responsibilities between industry and government are common, and industry has worked cooperatively
to help craft the design of these systems. Most current, Nova Scotia,.Germany and Israel are in the
process of implementing container deposit systems.
The beverage industry has unfounded fears that sales might decrease. The Container Recycling Institute
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Container Summary Page 4 of 6
reports that the general pattern of beverage sales in deposit states has been an initial slight decline
followed by a return to normal growth patterns. Sales figures fora 3-5 year period after the laws were ,
passed show sales increased at or above the national average in most of the states with deposit laws. ~
In fact, there may be possibilities for turning the deposit refund into a purchase incentive. Consumers
could be offered the option of a cash return or a coupon return. The coupon could be applied to the
purchase of beverage products and could be offered at a higher value than the straight return of cash.
This kind of creative marketing on the part of the beverage industry •requires •a~riiore positive, solution-
oriented perspective than they now have.
loo consumers support container deposits in the states where they have been established?
YES. Beverage container deposit laws have widespread public support nationwide, ranging from 70% in
a 1990 poll by the U.S. General Accounting Office to 76% in a poll by~ Feter D.~Hart Research
Associates. No state container deposit law has ever been repealed.
Will a container deposit have a substantial effect on increasing recycling and reducing avaste?
YES. Beer and soda containers are recycled in container deposit states at an average rate of 80%. In
comparison, the national recovery rate for containers is 38%. On Oahu, existing community recycling
prograrns'capture only 20% of the available containers.
~'~ill a container deposit substantially reduce litter?
YES. A 1990 U.S. Government Accounting Office report estimated that bottles and cans represent 40-
60% of total litter nationwide. The few cans and bottles that are tossed on sidewalks, playgrounds and
beaches are soon picked up when they are worth a nickel. States with deposit laws report reductions in
beverage container litter ranging from 69-83%. According to data from The Center for Marine
Conservation, bottle and can debris makes up 7% of beach litter in container deposit states and 19% of
beach litter in non-deposit states. •
S'Vho will administer the program?
The State Department of Health, Solid and Hazardous Waste Branch, will administer the program;
including receipt and distribution of the deposit monies and beverage container fees;.payments to the
redemption centers; and inspections of stores and redemption centers.
4~Vill a deposit system complement existing recycling programs?
YES. Community drop-off systems on all islands can continue with minor adjustments. Por example, on
Oahu there are 100 community recycling bins at schools and shopping centers. Revenue generated from
the sale of the recyclables goes to the host/neighborhood schools. The bins could be restructured to
collect only non-deposit containers and paper. Should deposit containers be dropped off in the
community bins, the schools could be credited the deposit value. States with existing container deposit
systems find that community groups fund raise by collecting deposit beverage containers.
i-~ow will a container deposit system work in restaurants and bars?
Restaurant-goers would not be charged the deposit for beverages consumed on the premises. The
restaurant bar pays the deposit to the distributor same as other retailers, but they are not required to
charge it to their customers. Restaurants bars redeem the deposit value by returning the containers to a
redemption center. Because of the high volume they generate, it is most.likely that local recycling
companies will provide pickup service at no charge. The two-cent handling fee would cover the
recycling company's collection costs.
Will a container deposit law increase the cost of beverages to the Hamvaii consumer?
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Container Summary Page 5 of 6
YES. The five-cent deposit is fully refunded to the consumer when the empty container is returned for
redemption. However, the beverage container fee paid by the distributors to help support the systems .J
operating costs may be passed onto the consumer.
~
The distributors are required to pay atwo-cent container fee on all beverage containers to provide
monies to support redemption operations, collection, handling, transportation and administration,
Distributors have. the option of passing these costs onto the consumer as part of the product cost,
Thereby, consumers could see an additional two cents on beverages, or twelve cents total on a six-pack.
Will a container deposit system benefit llia~v~.ii economically?
YES. Container deposit systems create jobs; net gains in employment have been shown in nearly every
state with deposit systems. A Michigan study showed that labor comprised 62% of the costs associated
vvith system operations. In Michigan an additiona14,684-jobs were added to the economy. New York
found that 3,800 new jobs were created in that state. Massachusetts and Vermont gained 1,800 and 350
jobs respectively. _
A container deposit system would reduce costs of disposal, recycling and litter clean up currently paid
for by local government and taxpayers. In addition, Hawaii's tourist industry would benefit from an
improve,~l-environmental image with cleaner roads, parks, beaches and a visible demonstration of our
local commitment to keep Hawaii a paradise.
Will Hawaii be able to find viable Ynarkets to recycle all of the containers collected?
YES. Recycling markets are strong. Hawaii will be able to successfully recycle all of the recovered
aluminum, glass and plastic containers. Materials will continue to be shipped out of state to regional
markets. Many states, especially on the West Coast, ship to the same markets in Asia as Hawaii does.
There is no state in the country that remanufactures all of their recyclable materials within their own
state. Small-scale local remanufacturing businesses should be encouraged wherever they pop up.
However, on-island remanufacturing will not support the volume of containers that will be recovered in
the proposed deposit system. Hawaii's volume is not sufficient to interest any large-scale processing
operation. The predominant markets for Hawaii's recovered materials are in Asia and on the mainland.
Can't dve increase recycling through voluntary efforts?
Probably not. Voluntary, low cost efforts are not sufficient to get the job done. Over the past 10 years,
all of the islands have established voluntary community drop-off systems. On Oahu, the City has
established some very effective programs and policies to increase recycling. Targeted recyclable
materials have been banned/restricted from disposal sites, businesses have been required to recycle by
lave, curbside collection of yard waste is provided to almost every home on the island, and the
community recycling drop~ff program has been developed and expanded to its full potential. The next
logical step to move recovery rates significantly forward is a container deposit that provides sufficient
economic incentive to the consumer to recycle.
The beverage industry has worked cooperatively with the City and State. over the years to help enhance
the effectiveness of the recycling programs, but they have not been able to commit the level of resources
necessary to increase recovery rates and litter control to sufficient levels.
Will a deposit system ework better than a curbside collection system?
YES. A beverage container deposit provides a more comprehensive system for our islands than curbside.
It is true that in a hour-to-house curbside collection program additional materials, such as newspaper,
could be collected along with the beverage containers, but the system would service only single-family
homes. The deposit system will recover recyclable containers from apartment dwellers, commercial
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container Suynmary ~ Page 6 of 6
properties and businesses, parks and beaches, military bases and all of our visitors, as well as those in
single-family homes, plus reduce island litter by half. ~ > ~
Furthermore, the deposit system would cost the public less. Astatewide-curbside collection system is
estimated to cost over $40 million per year. The deposit system would be half the cost. For an average
family of four who consumes about four cases of soda and juice per month, and returns the empties to
redeem their deposits, their annual cost to keep Hawaii clean would be $23. (If they don't recycle -their
containers, it's $80). Compare that to their costs for curbside collection service at $180 per year.
If you have questions or comments, contact Suzanne Jones, Recycling-:Coordinator for the City &
County of Honolulu (527-6239); Genny Salmonson, Director of the State- Office of Environmental
Quality Control (586-4185); Steve Chang, State Department of Health; Solid and Hazardous Waste
Branch (586-4240).
House Bill 1256 is currently being held in conference committee while the legislators await an
alternative proposal from the beverage industry. The committee members will decide the bill's fate
during the 2002 legislative session. Contact your state senator and state representative and voice your
opinion.
r.:.~
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