HomeMy WebLinkAboutCOM 0413.000 2002-2004 Hawaii State Association of Counties
Counties of Kauai, Maui and Hawaii, City 8. County of Honolulu
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November 12, 2003 ~~3 h~U~ Iz ~'1~ j~' (J2 ~~o~`~
MEMORANDUM ~ ~
GC~I~ a ~ ,.I
TO: James Y. Arakaki, Chair, and Council Members `
FROM: Gary S. Safarik, Vice President
Hawaii State Association of Counfies
SUBJECT: Approval of 2004 HSAC Legislative Package
For your consideration and recommended approval, I am submitting the following proposed
legislative items for inclusion in the 2004 HSAC Legislative Package as approved by the HSAC
Executive Committee at its meeting on October 10, 2003. Copies of the proposed bills and
justification sheets prepared by the county forwarding the recommended bills (for those bills not
previously introduced) and provided, as follows:
1. A bill to grant the counties authority to implement a retail sales tax;
2. A bill to increase the time limitations on Council consideration of new applications for
affordable housing fast-tracking applications under Section 201G, HRS, and removing the
time restrictions on Council consideration of previously approved applications for affordable
housing fast-tracking applications;
3. A bill to increase the highway beautification fee from $5 to $10 for litter and junk car
eradication programs;
4. A bill to grant the counties authority to implement a driver's license renewal fee for DUI-
convicted drivers, with all fees collected being sent to the counties;
5. A bill to require insurance companies to alert the counties when clients cancel no-fault
insurance coverage;
6. A bill to require the State to distribute the proceeds of fines and forfeitures collected for
uncontested traffic infractions to the county in which the violations occurred;
Recommended Action: Motion to approve the above-listed measures as recommended by the
HSAC Executive Committee for inclusion in the 2004 HSAC Legislative Package and transmittal
of such approval to the HSAC Executive Committee.
Thank you for your expeditious consideration of these legislative proposals.
GS/rf
Attachments Comm. No.
Ref. To:
,,.:r,~ 2 20.03
E-~~w~i~ ~t~te ~sso~.~~ti~n of Co~~ties
Counties of Kauai, Maui and Hawaii, City 8.Counfy of Honolulu
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6 ~U
MINUTES J
HSAC EXECUTIVE COMMITTEE MEETING
October 10, 2003
Kauai County Council Chambers, Historic County Building
Lihue, Hawaii
I. CALL TO ORDER
The HSAC Executive Committee was called to order by President Dain P. Kane
at 10:00 a.m. The following members comprised a quorum:
County of Maui: President Dain P. Kane
County of Hawaii: Vice President Gary Safarik
City and County of Honolulu: Secretary Donovan Dela Cruz
County of Kauai: Treasurer James Tokioka
Others present: Hawaii staff Erika Yamamoto
Honolulu staff Andrew Sekine
Kauai staff Cyndi Ayonon
Kauai staff Aida Okazaki
Maui staff Shannon Alueta
II. EXECUTIVE COMMITTEE MEETING MINUTES
The minutes of the August 22, 2003, Executive Committee meeting were
approved. It was noted that Mr. Okudara's first name is spelled "Jon."
III. REPORTS OF THE TREASURER
The August 2003 Treasurer's Report and the 2003 HSAC Year-End Conference
Financial Report were approved.
s.._
HSAC Executive Committee
Minutes of the October 10, 2003 meeting ,
Page 2
IV. REPORTS OF COMMITTEES
A. Executive Committee Reports
The following Executive Committee Report was approved:
1. Reporting approval of amendments to the expenditures section of
the HSAC FY 2003-04 budget approved by the HSAC Executive
Committee on August 22, 2003, transmitted by HSAC Secretary
Dela Cruz on September 2, 2003.
B. County Reports
1. Hawaii County Report. None
2. Honolulu City and County Report. The City and County of Honolulu
adopted Resolution 03-228 Requesting State Assistance for
Funding County Expenses to Host Conventions of National or
International County Government Organizatioris and Resolution
03-243 Concerning the Hawaii State Association of Counties'
Nomination to the Western Interstate Region Board of Directors at
its meeting of September 24, 2003.
3. Kauai County Report. None
4. Maui County Report. None
C. NACo Reports
Documents relating to Internet taxation were circulated.
D. Western Interstate Region (WIR) Report
There was no WIR report.
V. UNFINISHED BUSINESS
A. Update of HSAC Bylaws
President Kane stated it is hoped that proposals for bylaws amendments
regarding corporate membership, an executive director position and other
matters will be in place by the end of this fiscal year. The main role of the
executive director would be to act as chief lobbyist for HSAC on legislative
matters at the state and national levels. It is envisioned that the executive
director will be a paid position. A possible model for the executive director
HSAC Executive Committee
Minutes of the October 10, 2003 meeting
Page 3
position is Kauai County, which retained a lobbyist to assist in the passage
of beach liability legislation. Corporate memberships would assist in
funding the executive director position and conferences hosted by HSAC.
It was agreed that HSAC staff gather information with respect to executive
director positions and corporate membership in other county associations.
B. Update of HSAC 2003 Mid-Year Conference
Members discussed the 2003 Mid-Year Conference to beheld
December 4-5 at the Hapuna Beach Prince Hotel. A draft conference
schedule and a brochure of the Hapuna Beach Prince Hotel were
distributed. The therne of the conference will be "E Holomua Kakou No
Ka Pono (Government Working Together for All)." Suggestions were
made regarding conference topics, speakers, and arrangements.
The Executive Committee approved a request from Hawaii County for
$1,000 in seed money for the conference.
At 11:07 a.m., President called a recess. At 11:20 a.m., the meeting was
reconvened.
C. Update of 2005 NACo Conference
The minutes of the 2005 Conference Planning Committee meeting of
August 22, 2003, were received. Secretary Dela Cruz clarified that the
sketches for the HSAC logo will be provided by the City and County of
Honolulu on an in-house basis.
D. WIR Board Representation
All counties reported approval of the request to replace Councilmember
Donovan Dela Cruz with Councilmember Gary Safarik as WIR board
representative.
E. 2004 HSAC Legislative Package
The members received: (a) a memorandum from President Kane to
members of the HSAC Executive Committee dated August 29, 2003,
related to 2004 HSAC legislative matters, (b) a memorandum from
Councilmember Djou to Councilmember Dela Cruz, dated September 9,
2003, relating to 2004 HSAC legislative matters, and (c) a letter from
Councilmember Romy Cachola to Secretary Dela Cruz dated
September 12, 2003.
HSAC Executive Committee
Minutes of the October 10, 2003 meeting
Page 4
A copy of the latest version of the "county sales tax" bill (ref.: county
tax6.doc) and a summary of the proposed bill were distributed.
Secretary Dela Cruz stated that the Honolulu Council is considering
resolutions relating to the "Walk and Talk" program and the "ice" drug
problem. President Kane suggested that at a later time HSAC may review
the administrative packages of offices such as the Prosecuting Attorneys
and decide whether to support certain package items.
At 12:00 p.m., Presideni; Kane called a recess. At-12:03 p.m., the meeting
was reconvened.
Secretary Dela Cruz stated that Councilmember Cachola has requested
HSAC to (1) consider the issue of reduced transient accommodations tax
(TAT) revenues when a transient accommodations unit is converted to a
time share unit, and (2) discuss alternative ways in which the counties
may impose the real property tax on such a converted time share unit to
recoup the lost TAT revenues. The members indicated that they would be
interested in considering proposed legislation to deal with the issues
raised in Councilmember Cachola's letter at the next HSAC Executive
Committee meeting.
President Kane stated that the Maui Council is considering proposing a
"instant impound" law for illegal and uninsured vehicles and legislation to
increase funding for school crossing guards.
After much discussion, the Executive Committee referred to the city and
county councils for their approval the following proposed legislative items
for inclusion in the 2004 HSAC Legislative Package:
1. Granting the counties authority to implement a retail sales tax
2. Increasing the time limitations on council consideration of new
application for affordable housing fast-tracking applications under
Section 201 G, HRS, and removing time restrictions on council
consideration of previously approved applications for affordable
housing fast-tracking applications
3. Increasing the highway beautification fee from $5 to $10 for litter
and junk car eradication programs
4. Granting the counties authority to implement a driver's license
renewal fee for DUI-convicted drivers, with all fees collected being
sent to the counties
HSAC Executive Committee
Minutes of the October 10, 2003 meeting
Page 5
5. Requiring insurance companies to alert the counties when clients
cancel no fault insurance coverage
6. Distributing fine proceeds from unadjudicated traffic violations to
the counties
Secretary Dela Cruz commented that there is a need for HSAC to discuss
the issues addressed by the HSAC legislative package through forums
such as newspaper editorials.
President Kane stated that justification sheets and bills will be prepared by
the staff of the council body that initially proposed the respective
legislation.
The members discussed the meeting with Senator Kim on October 24 to
consider proposed county sales tax legislation. The members agreed to
circulate communications to their respective bodies requesting their
support for the legislation.
The Executive Committee approved an amendment to Section 10 of the
HSAC bylaws to read as follows:
`The Executive Committee shall determine the strategy for the
corporation's efforts before the State Legislature. An Executive
Committee officer or designee shall testify before the Legislature on
proposals in the corporation's legislative package. The Executive
Committee may add legislative items to the HSAC Legislative Package
during fhe legislative session if the measures promote the counties' home
rule authority and/or increase the counties'revenues."
VI. NEW BUSINESS
A. Agricultural Land Use
Vice President Safarik expressed his interest in legislation that would
enable the counties to have more control over agricultural land use
decisions. The members agreed to consider the issue next year.
VII. COMMUNICATIONS
The following communication was received:
A. Correspondence dated May 12, 2003, from Senator Daniel K. Inouye to
Councilmember Tyler, relating to the Payment in Lieu of Taxes (PICT)
program.
HSAC Executive Committee
Minutes of the October 10, 2003 meeting ,
Page 6
VIII. ANNOUNCEMENTS
A. The next meeting is scheduled for 10:00 a.m. on November 14, 2003 in
the Council Committee Room, 7~h floor, Kalana O Maui Building, 200
South High Street, Wailuku, Hawaii.
IX. ADJOURNMENT
There being no further business, the meeting was adjourned at 1'2:48 p.m.
Very truly y ur
DONOVAN DELA CRUZ
Secretary
Hawaii State Association of Counties
Summary of Proposed Bill
The proposed bill authorizes the counties to establish a general excise tax. The bill is
drafted to attempt to avoid conflict with the Streamlined Sales and Use Tax Agreement by
applying it only to retail sales in Hawaii and exempting interstate and foreign commerce.
The authority to establish a use tax is deleted. The use tax is an excise tax on the use of
tangible personal property "which is imported" or purchased from an unlicensed seller, for
use in this State.
The bill provides that a county shall establish the general excise tax by ordinance. A
county general excise tax cannot be established on:
(1) Sales taxable at the one-half per cent rate under Chapter 237
(manufacturers and wholesalers);
(2) Sales taxable at the 0.15 per cent rate under Chapter 237 (insurance
solicitors and agents);
(3) Wholesalers and jobbers as defined in section 237-4;
(4) Sales from interstate or foreign commerce;
(5) Sales exempt from Chapter 237.
If a county with a population of two hundred thousand of more enacts a county general
excise tax, the distribution of the transient accommodations tax revenues (using Council of
Revenues FY05 projections) would be as follows:
(1) 20.3 per cent into the Convention Center Enterprise Special Fund (repeals
the $31 million cap on the Fund -the Fund would receive approximately
$35.5 million);
(2) 35.0 per cent into the Tourism Special Fund (requires $1 million to be
distributed for state parks and trail and access, and 1 per cent of the
revenues in the Fund to be used for visitor industry promotion and
marketing in the City and County of Honolulu -the Fund would receive
approximately $66.5 million)
(3) 10.20 per cent of transient accommodations revenues to Kauai County
(approximately $17.85 million-Kauai now at $11.37 million);
(4) 13.10 per cent of transient accommodations revenues to Hawaii County
(approximately $22.93 million -Hawaii now at $14.58 million);
(5) 16.10 per cent of transient accommodations revenues to Maui County
(approximately $28.18 million -Maui now at $17.88 million); and
(6) 2.3 per cent of transient accommodations revenues Yo the general fund.
(approximately $4.02 million)
If more than one county establishes the county general excise tax, transient
accommodations tax revenues are distributed as follows:
(1) 20.3 per cent to the Convention Center Enterprise Special Fund (This
should amount to about $35.53 million);
(2) 40.0 per cent to the Tourism Special Fund (This should amount to about
$70 million -requires 1 per cent of the revenues in the Fund to be used for
visitor industry promotion and marketing in the counties enacting the
county general excise tax.);
(3) 15.0 per cent to each county not establishing a county general excise tax
(This amounts to about $26.25 million.); and
(4) Moneys remaining after the revenues are distributed above, shall be
deposited into the general fund. (This should amount to about $16.98
million.)
The counties are required to use one per cent of the TAT revenues that are transferred for
tourism promotion and marketing.
.B. NO.
A BILL FOR AN ACT
RELATING TO COUNTY TAXES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-16.7, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "§46-16.7 County general excise tax. [a~se~a~
4 (a) Each county, except the county of Kalawao, may
5 establish a general excise tax. [
6 kraT° Each county shall establish the general excise
7 tax [ ~~se~x y or finance.
8 92i„i..,.,.. ~ , nnn bd-):33~5~,~-,i , +-.i.,. ..rr,..,+ T,.-..,., j, i , l-RT~~~
9 l.FFr.(.+ F,.r ..ears t=-h~ettgh Beeembes=~~99~e
10 e -~~~e p~e a-1-e ,
11
12 sr~~ase~ er~~nanee. +L. ,hl;.. h..-.,-; f.h-,,
13
14 Evert-`f ~,~.`~-~.f .`.;;fir` d~ i.~u<«.di~. tom.'
~y uyo ~y
15
16 eer~nt~Qeneral e~te'se and ttse tai[ r~;.......,.
r r ''Y
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3 ,
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4 ~~~a-s se s-s , e ~cc~a-.z~--o~x~w-rse-cranes=rrrs~cz~~
5 c~ene~a~exe~se and t~se tax stt~eha~ge~e~ the to-~c~a
7 t'^- ~1, 2~3 h.. ,.h.~+..r.si~7-a-i~~3-8.
11 L.-.. .-1 ......1 F-0....-0 ---1 1 A.J ..-0+
12 s'~s~2~t~~11-~~~:Ts~rK _ - - ~ _ -
13 i , ,.,v ,v ,-t F; ,a ; , rte.
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14 r____ _r________
16 ,
17 ,
1$ ~ksea. 3narr-ac ccrx<<~ix c^ idxxc axxcr
` Y,
20 rnR+.. L.: ..F S. mY... „1; ..F..i vi-~iiuii i iiiuii
ZI
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..F +1.... F; , , ,.a
1 S~nrs ~~Tt~~T~
- s-3~
2 €a3-Seca}ng the sa~m~~~a~ a~~he~r~~-rags, ire uuu~t~~=.~
3 ,
4
5 -?1~? St~eh~r~n~~a~~en en the ex~en~#-~ttze~eys=~o~
7 n~~..~-~.} l
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r r
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9
L. fi ~ L. F L. l l L.
10 ~~~s~~ _ - =rs-~n e-~ ee~-~~
I1 eernm~~~ed 1=e i:he €~~n~~~~ a= ~h~ _=s~s-o-€
14
15 ~?~A3~S-H .,...ice,-,..,. ,.~,.,a ~..1 ~i... r...- .i.
16
17 de~~e~;.. c;.,...a ~arr~a~7~ ~raf3s~~ ..h i...
21 +h,. a.,r;.. +h,.
22 S-k3 "rcn-azgcS~vczczvrrccze~~ art ~~3e~,•'""' ••F
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Page 4
.B. NO.
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3 T~~ 'F-k}t_~~.... ~--~--se--arx~c~se `czTF~s~3fiaka-T;~=. ,-~--~,h.,
o~z~c~
S ,.h-..,+,.r ono
9 ~9T `£he eettn€=es e€ ]lacea>T-Matta; , , +H..
10 ,
11 r r
12 r r r
15
16 ~ t~ans~t= €ae~'~1=her sys€em
18 r
19
20 -F'~-ea€e sett~ee~eaenl3e" means a„ €ttn~s
r
22 r
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Page 5 . ^ . ~ O .
1 eettnt~+; e~€ede~a~geae~nmen~s--a~azest~~t e`z; er~~
2 .l
3 (b) No county general excise tax shall be established on
4 anY:
5 (1) Gross income or gross proceeds under chapter 237
6 taxable at the one-half per cent tax rate;
7 (2) Gross income or gross proceeds taxable under chapter
8 237 at the 0.15 per cent tax rate;
9 (3) Wholesaler or jobber as defined in section 237-4;
10 (4) Gross income or gross proceeds of sales in interstate
II or foreign commerce; or
12 (5) Transactions, amounts, persons, gross income, or gross
13 proceeds exempt from tax under chapter 237.
14 SECTION 2. Section 237-8.5, Hawaii Revised Statutes, is
15 repealed:
L ______i v-____~-
17 3EkRfil3 ~1:P3tt933. ~ ~ mi••• ~ .n.--~.nd t
18 S-ti v, ..r,_,. ,a....+; ,.c ,-,a;., ~-,.nd`.r ~~.~ti
19 Q-~~C~-~3 , aS52 "s,~2~, a-Fn~-zvrrcccca a.. rte...
21 k;Hi~e~' ~h' S ehap~e'" 31= the c.. - i,
22 , ..,v,; inr and t::o ~.,,.ntY
county tax12
Page 6
.B. NO.
1 Qene~a-~-e~e~se and rise €a~ stt~eha~ge irate s-1~,'~€~~
2
3 AT-6 [~~53$~YS-'vi iii-SJ~ t.+.~i ~:;uii ut.t.iy ,
4 ems-use-za-~-Rse=~-stt~?-k, ,.-~~and bay€h ~e.~ee~ ~s-~-ke~ ~-rc~--~^;
5 €he d~eelie~sha~J-have a~~~he r; , ,u
~~y.~~ u N~w~
6 ~h}s ehag~e~~n add~~~en, ~-he dz-~-eei-s~ ..F „~.,~,~e
7
8 ,
9 ease a€ a-ge~sen engaged~n das~ness-~~n mere ^
1 o i~~e e~e~--s l~a~-dete~ri rie ' ~ r+ ; +
l ~e a-~rs , y _ _ _ _ _ _ _ _ _ _ , _ _ _ _ _ - _ _ ~ se-anR-use ~-s a~-~~
13 _ ~+1 ~ '?se and ase ,.H,
14
15 , ,
~yc
18
19 the=PassznQ en e~€he ^~'^r
20 ;
21 nee~rae a e -•F+,•,- n„ ~ nn~ 9n
22 ~,rrc~-~rrts--ei~ce~ed ' nee be€e~e dune '
n~~9 and €he 6a~t~en
county taxl2
Page 7 . ~ . ~ O .
26f3~~ae1=-S C-;0 L36~-g~6V~~e €$~~}3^c--Fa9srix g^ eix vr~icrEQ9-eQ-z-crcco
2 e€~a~ee- rte-~a~e~e~se and t~se tam s-t~~eha~ge-~i
3
4 FH-l~-e-~~v"' "'`"ae~S. '£he eeF3n~~+-~eneic~-i--c~~r~cis-e~3e
5
6 =neerne €~ern a-~-eea~~~;-«,...~,~ _F~,.r 7,..
r
s
9
10
y~
r
IS r r r r
17 Te~r~=e r s a ease
IS e~rse Ea~~e~nts ~e-~ev~de ~
19
20 ewe=se-a~x-as e ` ~ - r ; _
21 s-~t,,~~s~~nate ~he~~~Tert dss~~zet ~e dahzeh
county tax12
Page 8 . ~ . ~ O .
I u~. ~.vi uu a~.~ rvi tii iui~.~ uv••••+i..-1 Y... +h.. .,1; ..F ,-1
vY._
2 eha~~e~
n-r~r-.she ~a3f~~a~+e~ stral
lrr~~se:-cc's ~ ••:+h +h~
3 €a~e~a~e~' s-ge~ed~e~n~ annt~a-l~genei-are~e}se arr~ t~~a~
4
5 + . ,n; ~+r
6 ~e--fie-s a~-~-}e s-g~e v}fie ~ b~---s e e~zsai~ 3 - ~T€ e ~=>-a,~=a~~~
7 F~-a--~a~t~c~tr~~ sha~~~e~m~ese~ en €he ,.F r..h_r,.,.
8 dtte eta ~he~e€t}~t3 h2~t3~ F; l..,a F.. +h.. €T;-; i t6 F~nc
9 se~~e ~=eq~~e~ ~e aeee~n~an~+-1=he ~e~t~z~-~~i~iet}; €~e
l0
It
12 ~v%
F,~arrl
",,r~~v F'~-
i~S2~}P=~.._ l
,~+t~, f~ _ l l
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13 ~e~e~€ €he ass~gnnten€ e~€he gene~a~e~e~se
14 d-i s~ r ;"~se~te
16 ~9E~t3 Ens , F+.. n.........h.. ~ ~ Y'J~8-~ , F+.. n...... L... ~ /
18
19
20 F., +i. S-~,3-afi
i ^ ~ , F+,. n,.., v....,. ~ ~n~ aa."_-r
21 e~ - _ - -e z7at3tta~;+ I-9?4; ..r,
22 ~.,.,..~-3-1 ~n~~ ...a;., v...F..r,. ,-.~~r,. l nnnn
/ / =s -=oor
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Page 9 . ~ . ~ O .
Ate} ICl6n+c l3}~-anl3~ka iz_~, .-.a ,.,....i ,.i a,,,. ,a
2 ehapte~ €a~ an~+-pe~~s~~~eeed~r~~ ~a~~~~~~~, s~'~; ~e
3 S-r~~m-~~~e~ ~e the depa~~men~ a€~e~Beee~~er~l, ~^^~''~s-~~
r,uy„
5 e~~}sew-t~se fax stt~eha~ge ~ F..~
6 Yreee~~r~ da-nr~a~r-~~~~3-"]
7 SECTION 3. Section 237D-5. 5, Hawaii Revised Statutes, is
8 repealed:
9 .a ~ . ~ ~=a.:.:eni=-aeees~e~a€~ens i:a* 1;~asi: €~n~~
to TTx;~zs~s~a~rs-1~~sLate t~east~r~-~~ext
18 0\.•.••rivr~cz~-a--irr5~~~$F3i~-'rs3E! S-~~E e~a~~F3 [3 E3'~~~13e
19 F ecs 99-9-~n brans=ent aeeenxnedat>-ens
21 Tl Q\ TF +L, ..F + a tTOxx.~ tazc rc vcxxac~
`-'s3zFr~a2con' ioaa
county tax12
Page 10 . ^ . ~ O .
1 ^ -
~-o--o-~-r~`~s-g~c>}e e € e ~ ~+f-t Yte ~~e e € e ~ e €~=rr;a-~re~~e--ne
2 -~-e~s~Q3,''n~~s €he agg~ega~e-}r~ a €~sea3~ea~, € ~e
3 ~=tee s € e ~ e~zn a n e e , a 1: s t~e~-tomes--~~~stren--~ ~,~s _
=
_
4 ter- easer~ab~y-~e€e~~n~ne, m~~~ -
- -1-
5
6 €a tt~rs in s-ge e~a~€ t~ n ~ bl~~ 13 a i{13-F33zTrdm--oz-QV~ , ~ n 7 n n n + . - S3-i-rrc
7 aeE~e~s 1:a~~eaent~es~n the a~g~~~~~€e~~-sew
8 ~~~ev}deb 3=ha€ an~~e~~s-s~€-e-€~t~s€ €t~nd ~4 `tee-tom;-~snl
9 F.,..,~ s~a3~-~e~m}1=ed ~e the men:e~s,~,._,~,,.
10 t~s~~~
II {dT-~~€~~~s~t sNC~~u -;~2S~esS~z
12 ~C~, eee~n 1=~ai3STeP31= ae"^'"^....,...,rS `„~"^"^^zcics~rc
13 a~~€e~ a~rsea3--yea~e ,F`^~ ~ ~••s~n
14 z-i~~rtis~-st133~, 1=~3e sl3er~-Fra'-x'rs-I?a'zi--fie-Fref3-•••,••• a ~l?
16 +r,,,~+~~
17 fed--~-~Qepe~s-;+ F~..M +r.,~
18 i`-t'r.~,a-~~t.,,, v... +Y, S-e ~~ie c,,.. ,a
~n~ nnn €~ans~en~ aeeemmeda€zens €ax
20 ~~es~e-agg~egal=e~ cY - 1 _
21
22
county taxl2
Page 11
.B. NO.
-l~~~ee~~ ~~+-the tet~r~sm s-p~ee>-arTt~nd a~ -c~s~
2 ~6~, Boon tr~ns~ent aeee~nmedat-yens ~~~s~~
3 a-gyrcyutc du~;~ ~se e€-a €~sea~y-ear, +w.,
4 to the y^~.;vrui F.z
a_n~.-1-1
5 SECTION 4. Section 237D-6.5, Hawaii Revised Statutes, is
6 amended to read as follows:
7 "§237D-6.5 Remittances; distribution to counties. (a) All
8 remittances of taxes imposed under this chapter shall be made by
9 cash, bank drafts, cashier's check, money order, or certificate
10 of deposit to the office of the taxation district to which the
II return was transmitted.
12 (b) Revenues collected under this chapter shall be
13 distributed as follows:
I4 (1) [3~3] 20.3 per cent of the revenues collected under
IS this chapter shall be deposited into the convention
16 center enterprise special fund established under
17 section 201B-8; [ ,
18 nnn r +i... ,.c +i. ,.5~,.~ 1.+,. ,a
r
19 v. ,.,v.. c~~ nnn nnn -,i,..,,a-,-
r r
20 ~ ~ ,a ,,c coy nnn nnn
county tax12
Page 12 . ~ . ~ O .
1 (2) [~'L6] 38.0 per cent of the revenues collected under
2 this chapter shall be deposited into the tourism
3 special fund established under section 201B-11 for
4 tourism promotion and visitor industry research;
5 provided that [beg~nnzng dtt~'~2n~~
6 ~ ` t h;. u,~N + ~ ~ s-crepes iz2''~~e
8 €~Sea~y-ea~, of ~~'~e-fTrS~ c~ nnn nnn .,E
9 d,.~,.,.: tcd L.. r ,.F c<~ nnn: ] 1 per cent
~r.i..~... , ,
10 of the revenues deposited into the tourism
11 special fund shall be used for tourism promotion
12 and marketing for the city and county of
13 Honolulu; and provided further that $1,000,000 of
14 the revenues deposited into the tourism special
IS fund shall de distributed as follows:
16 (i) Ninety per cent shall be deposited into
17 the state parks special fund established
18 in section 184-3.9; and
19 (ii) Ten per cent shall be deposited into the
20 special land and development fund
21 established in section 171-19 for the
22 Hawaii statewide trail and access program;
county tax12
Page 13
.B. NO.
Provided that the total amount deposited into the
2 state parks special fund and to the special land
3 and development fund for the Hawaii statewide
4 trail and access program shall not exceed
5 $1,000,000 in any fiscal year;
6 {3 ~4 4 . S-Pc~'~'E-Frc~~ic=dcTrtic9--C i i ~ } ,..a ,a + t~, ; ~
7 e~~~".r s~3a3~'z-v~~~s€ci cc r3s F•~vnv:ds• u~•
8 s~ a'~r e e~~r~~~Haw a~-~.z~~~i
10 sha~~~eee~ee 44~~er eent, und~s-r~i
13 e,-~-~„-~~~~epo-s3zT~ - - - -
14 a-e•••••••••,
•cvc2mroc~iatiores~a's~ F.,,..,1 ,hl ; 1. ...1 ,...1..,-
15 7Q~In G G l
16 (3) 10.20 per cent ofllthe revenues collected under this
17 chapter shall be transferred to Kauai county;
18 (4) 13.10 per cent of the revenues collected under this
19 chapter shall be transferred to Hawaii county;
20 (5) 16.10 per cent of the revenues collected under this
21 chapter shall be transferred to Maui county; and
county tax12
Page 14
.B. NO.
I (6) 2.3 per cent of the revenues collected under this
2 chapter shall be deposited to the general fund;
3 provided that each county shall use one per cent of the revenues
4 transferred pursuant to this section for tourism promotion and
5 marketing in the county.
6 (c) If more than one county establishes and implements a
7 county general excise tax pursuant to section 96-16.7, revenues
S collected under this chapter shall be distributed as follows:
9 (1) 20.3 per cent of the revenues collected under this
10 chapter shall be deposited into the convention center
II enterprise special fund established under section
12 201B-8;
13 (2) 40.0 per cent of the revenues collected under this
14 chapter shall be deposited into the tourism special
IS fund established under section 201B-11 for tourism
16 promotion and visitor industry research; provided that
17 1 per cent of the revenues deposited into the tourism
18 special shall be used for tourism promotion and
19 marketing in each of the counties enacting a county
20 general excise tax; and provided further that
21 $1,000,000 of the revenues deposited into the tourism
22 special fund shall be distributed as follows:
county tax12
Page 15 . ~ . ~ O .
1 (i) Ninety per cent shall be deposited into the
2 state parks special fund established in section
3 184-3.4; and
4 (ii) Ten per cent shall be deposited into the
5 special land and development fund established
6 in section 171-19 for the Hawaii statewide
7 trail and access program;
8 provided that the total amount deposited into the
9 state parks special fund and to the special land and
10 development fund for the Hawaii statewide trail and
11 access program shall not exceed $1,000,000 in any
12 fiscal year;
13 (3) 15.0 per cent of the revenues collected under this
14 chapter shall be transferred to each of the counties
15 that have not established a county general excise tax
16 pursuant to section 46-16.7; and
17 (4) Any moneys remaining of the revenues collected under
18 this chapter after distribution as provided in this
19 subsection shall be deposited into the general fund;
20 provided that each county shall use one per cent of the revenues
21 transferred pursuant to this section for tourism promotion and
22 marketing in the county.
county tax12
Page 16 . ~ . ~ O ,
1 (d) All transient accommodations taxes shall be paid into
2 the state treasury each month within ten days after collection,
3 and shall be kept by the state director of finance in special
4 accounts for distribution as provided in this subsection.
5 [-(-e-~] (e) On or before January or July 1 of each year or
6 after the disposition of any tax appeal with respect to an
7 assessment for periods after June 30, 1990, the state director
8 of finance shall compute and pay the amount due as provided in
9 subsections (b) and (c) to the director of
10 finance of each county to become a general realization of the
11 county expendable as such, except as otherwise provided by law."
12 SECTION 5. Section 238-3.5, Hawaii Revised Statutes, is
13 repealed n: nn
14 ["5~~0 L ..tea L... .»...L
15 a~iR~t3~9~i"a~~6f3. (-a~-`~'~32 evarr`c-"~g"eis2~crs2Z`--azs
16
17 4C--~C.7, sha3~be~ea~ed, assessed,
18 $-l~s se
L. L. l l h .J L. l F +
22 ~-h6S2~crES-~3 E3' C3 o t - ~ ~ . ,+~y.., i.
J
_ _ R-l i_ ~ _ _ _ c + i-, ;
C OUrity taX12
Page 17
.B. NO.
1 el3a~~s~a~-a~~-~e-~he eean~~gene~a~e~e~se~Qse~a~
2 s>3~eha~ge. 6~d~1=h ~es~eel= i:e i:~te s~~~~~1=he ~~-eete~ s-13,~
3
4 ad~rt=en, mow,. r= ,.w , i. ,
6 s es~~e~-t s-e~-~tr~e b a s e s-1=a n Q}~~e~e ~ s e n a~~e~e ~t~--a~~3
a ;~-raf n rater-Sara iawia.;~~;.,~ ...,r,.~..,..;.,,. r.,.
7 ~}ae-~_ _ ~r..~,.
- - ~ - - ~ - ~ ~ .---~----1
8 ,
9 a~~a~~~snmen~ e~61=13e~ means, `c l3a~-~ercivir `i"' 's2
10 apse tax sr~~eha~ge a~~-~i'~~t~~l3e `a
11
12 _ ~ se-a--,tease fax st~~eha-~~e ,
13 ~ieus-6€ c~a f3L-ta ,rp-r-TrT ;~Frc`rs~#,~-,, , ~1,•~ y
14 Frfea~s ~3, ~~'~e~ .,r.;, _~,;.,v
16 i,.~ n, 1, _---~}1 tax ^,a_~r Phar~a- ....=.,,-i=
~.l,~•,..
18
20 m`'., " } •a-; 9f3 5~3a~~~eV~Se the t3seri
21 _.a.. a.. +i. ,a uC.~ u`iva. vi t::~
county tax12
Page 18
.B. NO.
1 ~~es-i-€}ate--a--pa~~nen€ e€ €he~et~nt~er~erare~e~se a-~se~~
2
3 the €a~pa+ye~ shams-de s3~~th^ ,h: (.h
4 the eeu~-p--gene~a~e~te~se and t~se €a~ sc~reha~-g~is~s-sin
5 aeee~danee oa~th~tt~es adep~ed- b„ r^^+,.r ^F
7 ta~~a~e~s-ge~~ed~e and annt~a~--gene~a~-~~zse~~se t
9 L-•'•-'C~TtsT~:
10 The-pena~~~es-ceded--~~se~i~1-~-9 ~^Y
11 , ^ s-ha3'z-n~ixtg~ese
12 ~-~~retr~~n e~ng-~~e~~-er~he-~~~t~~
13 sehn~~re ~~cd to u~~~ t:~c ~c~~n add~€i^.. €,.^v^
~u mpuny -n~~
14
15
16 +--c-i~€"a-rrar~~v-irr~~-~TP~..h,. ,a„~,. ri., F-,=i.,,-,. a-,. ,..il,
17
19 SECTION 6. Statutory material to be repealed is bracketed
20 and stricken. New statutory material is underscored.
21 SECTION 8. This Act shall take effect upon its approval;
22 provided that sections 3 and 4 shall take effect upon the
county taxl2
Page 19 . ^ . ~ O .
1 enactment and implementation by a county with a population with a
2 population of 200,000 or more of a county general excise tax
3 ordinance pursuant to section 46-16.7.
4
5 INTRODUCED BY:
6
county taxl2
11/12/03 WED 10:15 FAX 808 270 7686 MAUI COUNTY COUNCIL f~021
JUSTIFICATION SHEET
AFFORDABLE HOUSING PROJECTS
The Hawaii State Association of Counties (HSAC) supports State legislation to
amend Section 201G-118, Hawaii Revised Statutes (HRS) to (1) increase from 45 to 75
days the timeframe within which the legislative body must approve or disapprove the
affordable housing project; and (2) clarify that the expedited deadline for approval or
disapproval by the legislative body shall not apply to proposed amendments to a project
that has previously been approved.
HSAC supports legislation authorizing additional time to consider affordable
housing applications for the following reasons:
1. The development of affordable housing for residents is vital and
necessary to ensure that the working people of our State can continue to
call Hawaii home. Developers rely upon the exemptions from
development standards authorized under Section 201G-118, HRS, to
lower costs associated with the project. Expediting legislative review and
approval of a project also represents a cost savings to the developer and
reflects the priority given affordable housing. However, in limiting the
window for legislative approval to 45 days, the body is denied an
adequate opportunity to review and consider an application. Often the
scope of the project and requested exemptions warrant a site inspection.
Posting requirements and availability of meeting dates before the
appropriate committee and the council pose additional constraints in
meeting the 45-day period.
2. Under the current scheme, it a project is not disapproved within 45 days,
it is automatically deemed approved on the 46 day. If the council
generally supports a project but wants public comment on a proposed
change, it may be hard-pressed to either disapprove the project due to
lack of time to receive such comment, or to accept the project as is.
Increasing the period for approval or disapproval by 30 days would
provide the council with the ability to have, and receive, meaningful input
on the project, while maintaining an expedited review process.
3. Finally, the bill clarifies that the applicant is not entitled to repeatedly
demand expedited review. The bill adds a new subsection (a)(3)(B) to
make explicit that the fast-track process outlined in Section 201G-118
does not apply to previously approved projects for which amendments
are being sought.
For these reasons, HSAC supports legislation to allow the county councils the
time necessary to approve or disapprove exemptions to development standards
associated with affordable housing projects.
paf:cmn:03-195a
11/12/03 WED 10:15 FAR 808 270 7686 MAUI COUNTY COUNCIL f{2J 022
.B. NO.
A BILL FOR AN ACT
RELATING TO AFFORDABLE HOUSING PROJECTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
i SECTION 1. Section 201G-118, Hawaii Revised Statutes, is
2 amended by amending subsection (a) to read as follows:
3 ~~(a) The corporation may develop, on behalf of the State or
4 with an eligible developer, or may assist under a
5 government assistance program in the development of,
6 housing projects which shall be exempt from all
7 statutes, ordinances, charter provisions, and rules of
8 any governmental agency relating to planning, zoning,
9 construction standards for subdivisions, development
10 and improvement of land, and the construction of units
11 thereon; provided that:
12 (1) The corporation finds the project is consistent with
13 the purpose and intent of this chapter, and meets
14 minimum requirements of health and safety;
15 (2) The development of the proposed project does not
i6 contravene any safety standards, tariffs, or rates and
17 fees approved by the public utilities commission for
03-1956.doc
11/12/03 WED 10:16 FAX 808 270 7686 MAUI COUNTY COUNCIL C~j 023
Page 2 . ~ . ~ O .
1 public utilities or the various boards of water supply
2 authorized under chapter 54; and
3 (3) The legislative body of the county in which the
4 project is to be situated shall have approved the
5 project.
6 IA) The legislative body shall approve or disapprove the
7 project by resolution within seventy-five
8 days after the corporation has submitted the
9 preliminary plans and specifications for the project
l0 to the legislative body. If on the [fort~~~]
tl seventy-sixth day a project is not disapproved, it
a2 shall be deemed approved by the legislative body;
43 (B) Once a project is approved by the legislative body,
14 proposed amendments to the project shall not be
IS subject to the expedited deadline for approval or
16 disapproval provided in subsection (a)(3)(A);
17 [{g}](C) No action shall be prosecuted or maintained
t8 against any county, its officials, or employees on
19 account of actions taken by them in reviewing,
20 approving, or disapproving the plans and
21 specifications; and
03-195b.doc
11/12/03 WED 10:16 FAX 808 270 7686 MAUI COUNTY COUNCIL f~j 024
Page 3
.B. NO.
1 [-(-E}](D) The final plans and specifications for the
2 project shall be deemed approved by the legislative
3 body if the final plans and specifications do not
4 substantially deviate from the preliminary plans and
5 specifications. The final plans and specifications for
6 the project shall constitute the zoning, building,
7 construction, and subdivision standards for that
8 project. For purposes of sections 501-BS and 502-17,
9 the executive director of the corporation, or the
10 responsible county official may certify maps and plans
I1 of lands connected with the project as having complied
12 with applicable laws and ordinances relating to
13 consolidation and subdivision of lands, and the maps
14 and plans shall be accepted for registration or
15 recordation by the land court and registrar; and"
16 SECTION 2. Statutory material to be deleted is bracketed
17 and in strikethrough. New statutory material is underscored.
18 SECTION 3. This Act shall take effect upon its approval.
1~3
20 INTRODUCED BY:
21
03-195b.doc
11/12/03 WED 10:13 FAR 808 270 7686 MAUI COUNTY COUNCIL f~014
JUSTIFICATION SHEET
INCREASING THE MAXIMUM FEE FOR MOTOR VEHICLE REGISTRATION
The Hawaii State Association of Counties (HSAC) supports State
legislation to amend Section 286-51 Hawaii Revised Statutes (HRS) to authorize
the counties to increase the maximum fee that may be charged for motor vehicle
registration from $5 to $10 to defray additional costs relating to abandoned or
derelict vehicles.
HSAC supports such legislation for the following reasons:
1. The counties are responsible for abandoned or derelict vehicles on
public highways. In recent years, there have been significant
increases in both the number of abandoned or derelict vehicles and
the costs involved in disposing of them.
2. Abandoned or derelict vehicles left on public highways is a public
safety issue that requires prompt attention and resolution. These
vehicles may contribute to unsafe driving conditions as well present
opportunities for vandalism and arson. In addition, such vehicles
have a negative visual impact for both residents and tourists that
travel on our public highways. Increasing the maximum fee will
ensure that the counties will have the resources to address this
problem.
For these reasons, HSAC supports legislation to increase the maximum
fee for motor vehicle registration.
paf:Itt:03-197b
11/12/03 WED 10:13 FAR 808 270 7886 MAUI COUNTY COUNCIL f~j 015
.B. NO.
A BILL FOR AN ACT
RELATING TO HIGHWAY SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 286-51, Hawaii Revised Statutes, is
2 amended to read as follows:
3 286-51. Registration, expense. (b) This part shall be
4 administered by the director of finance in conjunction with the
5 requirements of sections 249-1 to 249-13 and shall entail no
6 additional expense or charge to the person registering the
7 ownership of a motor vehicle other than as provided by this
S section or by other laws; provided that for each new certificate
9 of ownership issued by the director of finance under section
10 286-52, the director of finance may charge a fee which shall be
it deposited in the general fund. The fees charged to issue a new
12 certificate of ownership shall be established by the county's
13 legislative body.
14 Notwithstanding any other law to the contrary, an
15 additional fee of not more than $1 for each certificate of
16 registration for a U-drive motor vehicle and $2 for each
17 certificate of registration for all other motor vehicles may be
16 established by ordinance and collected annually by the director
03-197a.doc
11/12/03 WED 10:14 FA% 808 270 7686 MAUI COUNTY COUNCIL f{1J 016
Page 2 . ~ . ~ O .
1 of finance of each county, to be used and administered by each
z county:
3 (1) For the purpose of beautification and other related
4 activities of highways under the ownership, control, and
5 jurisdiction of each county; and
6 (2) To defray the additional cost in the disposition and
7 other related activities of abandoned or derelict vehicles as
8 prescribed in chapter 290.
9 The $2 fee established pursuant to this subsection for
So certificates of registration for motor vehicles other than U-
'17 drive motor vehicles may be increased by ordinance up to a
12 maximum of [$5]$10; provided that all amounts received from any
l3 fee increase over $2 shall be expended only for the purposes of
Y4 paragraph (2). The moneys so assessed and collected shall be
15 placed in a revolving fund entitled, "the highway beautification
:l6 and disposal of abandoned or derelict vehicles revolving fund."
17 SECTION 2. Statutory material to be deleted is
18 bracketed and in strikethrough. New statutory material is
I9 underscored.
20 SECTION 3. This Act shall take effect upon its
21 approval.
zz
03-197a.doc
11/12/03 WED 10:14 FAX 808 270 7686 MAUI COUNTY COUNCIL ~ 017
Page 3 . ~ . w ' O .
I INTRODUCED BY:
2
03-197a.doc
11/12/03 WED 10:09 FAX 808 270 7686 MAUI COUNTY COUNCIL r~002
r r
JUSTIFICATION SHEET
RELICENSING FEES FOR DRIVING UNDER THE INFLUENCE
The Hawaii State Association of Counties (HSAC) supports State
legislation to amend Section 286-111(a) to allow the counties to charge and
collect an additional fee for issuance, reissuance, or return of a license after a
conviction of driving under the influence of intoxicants. The fee shall cover the
costs incurred by the counties' police departments to prepare for and attend
administrative hearings or judicial proceedings.
HSAC supports such legislation for the following reasons:
1. Operaiing a vehicle under the influence of an intoxicant is a serious public
safety issue that may have devastating results. Those who drive under
the influence of an intoxicant should be required to pay their fair share of
the costs incurred by the counties' police departments related to the
offense.
2. Requiring offenders to pay an additional fee may help to deter driving
under the influence of intoxicants.
For these reasons, HSAC supports legislation to allow the counties to charge
an additional relicensing fee.
paT:Itt:09-198a
11/12/03 WED 10:09 FAX 808 270 7686 MAUI COUNTY COUNCIL f~j 003
a
.B. NO.
A BILL FOR AN ACT
RELATING TO MOTOR VEHICLE DRIVER LICENSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 286-111(a), Hawaii Revised Statutes, is
2 amended to read as follows:
3 286-111. Application for license or instruction permit;
4 fees. (a) Every application for an instruction permit or for a
5 driver's license shall be made upon a form furnished by the
6 examiner of drivers and shall be verified by the applicant
7 before a person authorized to administer oaths. The examiner of
8 drivers and officers serving under the examiner are hereby
9 authorized to administer such oaths without charge. Each
10 application for an instruction permit for a category (1), (2),
11 (3), or (4) license shall be accompanied by a fee to be
I2 determined by the council of each county and each application
13 for a driver's license shall be accompanied by the fee, unless
?4 the applicant has already paid the fee upon application for an
15 instruction permit in the same county, in which event no fee
16 shall be chargeable. An additional fee to be determined by the
17 council of each county shall be charged and collected upon the
18 issuance of a driver's license provided that a driver's license
03-198b.doc
11/12/03 WED 10:10 FAR 808 270 7686 MAUI COCINTY COUNCIL I~004
s ~
Page 2 '
.B. NO.
i issued to a person after conviction of driving under the
2 influence of intoxicants as provided for in Chapter 291E shall
3 also be subject to a fee to cover the costs incurred by the
4 police department related to the payment of compensation to
5 prepare for and attend any administrative hearings or 'udicial
6 proceedings related to the offense. All the foregoing fees shall
7 become county realizations.
S SECTION 2. New statutory material is underscored.
9 SECTION 3. This Act shall take effect upon its
]0 approval.
]r
12 INTRODUCED BY:
13
03-198b.doc
11/12/03 WED 10:14 FAX 808 270 7686 MAUI COUNTY COUNCIL ~ 018
JUSTIFICATION SHEET
MOTOR VEHICLE INSURANCE
The Hawaii State Association of Counties (HSAC) supports the
amendment to Sections 431:10C-112, Hawaii Revised Statutes (HRS), by
requiring motor vehicle insurers to notify the police department in the county in
which a vehicle is registered of the cancellation or refusal to renew no-fault
insurance.
HSAC supports such legislation for the following reasons:
1. Requiring motor vehicle insurers to notify the police department of
cancelled or non-renewed insurance will assist the police in
assuring that only insured vehicles are operated on public
roadways.
2. It is crucial that all motor vehicles operated on public roadways are
insured in order to provide reparations for accidental harm and loss
arising from motor vehicle accidents, to compensate damages
without regard to fault, and to limit tort liability for these accidents.
3. It will be more difficult for fraudulent motor vehicle insurance cards
to be used.
For these reasons, HSAC supports legislation to require motor vehicle
insurers to notify police departments of cancelled or unrenewed motor vehicle
insurance policies.
paf:rkk:03-199b
11/12/03 WED 10:14 FAR 808 270 7686 MAUI COUNTY COUNCIL f~j 019
.B. NO.
A BILL FOR AN ACT
RELATING TO MOTOR VEHICLE INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
I SECTION 1. Section 431:1OC-112, Hawaii Revised Statutes,
2 is amended to read as follows:
3 431:1OC-112. Notice of cancellation or nonrenewal;
4 effect on term of coverage and notice to police.
5 (a) In any case of cancellation or refusal to renew on the
6 part of the insurer, the insurer shall give written notice to
7 the insured not less than thirty days prior to the effective
8 date of the cancellation or refusal to renew. Cancellation or
9 refusal to renew shall not be deemed valid unless supported by a
19 certificate of mailing properly validated by the United States
I1 Postal Service.
12 (b) If the insurer has manifested in writing an offer to
13 renew to the named insured at least thirty days prior to the end
14 of the policy period and the offer is not accepted before the
15 expiration of the policy term, the policy shall lapse upon that
16 expiration date and section 431:1OC-11 shall not apply.
17 Notwithstanding other valid methods of acceptance, an offer
18 shall be deemed accepted as of the date of mailing of the
03-199a.doc
11/12/03 WED 10:15 FAX 808 270 7686 MAUI COUNTY COCINCIL ¢J 020
Paget N0.
I acceptance. The date of mailing may be evidenced by the postmark
2 or a certificate of mailing properly validated by the United
3 States Postal Service.
4 (c) In any case of cancellation or refusal to renew on the
5 part of either the insured or the insurer, the insurer shall
6 immediately give written notice to the police department in the
7 county in which the vehicle is registered.
8 SECTION 2. New statutory material is underscored.
9 SECTION 3. This Act shall take effect upon its
:l0 approval.
l
12 INTRODUCED BY:
13
03-199a.doc
11/12/03 WED 10:10 FAR 808 270 7686 MAUI COUNTY COUNCIL C~j 005
JUSTIFICATION SHEET
UNADJUDICATED TRAFFIC FINES
The Hawaii State Association of Counties (HSAC) supports Senate Bill
No. 1331 (2003) and House Bill No. 1078 (2003), which have been carried over
to the 2004 Regular Session. The purpose of the bills is to require the State to
transfer fines and forfeitures col?ected for uncontested traffic infractions to the
county in which the violations occurred.
HSAC supports these bills for the following reasons:
1. While the counties are responsible for enforcement, revenues
accruing from violations of the Statewide Traffic Code are paid
solely to the State. Traffic citations are issued by police officers
whose costs, including salaries, equipment, and administrative
support, are funded by the counties. Allowing each county to
receive the fines and forfeitures generated as a result of county
enforcement of traffic laws is fair and will provide the counties a
much-needed modicum of financial relief from the State. The
measure specifically excludes those fines and forfeitures accruing
from State-enforced violations, which do not involve the
expenditure of County resources.
2. When traffic violations remain uncontested, there is no need to
resort to the State courts. The burden on State-funded personnel
and resources is, therefore, minimized. The bill seeks solely to
have those fines and forfeitures paid by offenders without contest
transferred to the county in which the infraction occurred.
3. Authorizing the counties to collect such fines and forfeitures would
provide the counties with a dedicated revenue source and diversify
the counties' revenue bases. As a result, the measure would help
to stabilize the counties' budgets and promote the viability of the
counties' public services, including the provision of traffic-safety
improvements.
While in full support of the bills, HSAC requests consideration of an
amendment to Section 2 of the bills, to conform to the definitions provided in
section 291 C-A. The amendment would read, "The judiciary shall identify those
fines and forfeitures for uncontested [fines] traffic infractions as defined in
section 291 C-A."
For these reasons, HSAC supports Senate Bill No. 1331 (2003) and
House Bill No. t 078 (2003), as amended.
pa(:cmn:0&196a
11/12/03 WED 10:10 FAX 808 270 7686 MAUI COUNTY COUNCIL f~j 006
SB x.331 Page 1 of 2
Report Title:
Unadjudicated Traffic Fines
Description:
Transfers in two phases, all fines and forfeitures collected for uncontested traffic infractions to
the counties- 50 per cent in fiscal year 2003-2009; and 100 per cent in fiscal year 2004-2005.
THE SENATE ^ . B , N O " 1331
TWENTY-SECOND LEGISLATURE, 2003 J
STATE OF HAWAII
A BILL FOR AN ACT
relating to unadjudicated traffic fines.
BE 1T ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new part to be
appropriately designated and to read as follows:
"PART TRANSMITTAL OF TRAFFIC FINE3 AND FORFEITURES TO COUNTIES.
§291C-A Definitions.
"Traffic infractions" means the same as defined under section 291D-2.
"Uncontested traffic infraction" means a traffic infraction £or which the person noticed under
section 291D-5 does not contest the infraction. A person "does not contest" an infraction if, in
accordance with section 291D-6(b)(1), the person admits the commission of the infraction without
requesting a hearing to explain mitigating circumstances and pays or remits bail forfeiture by mail
within thirty days.
§291C-H Transmittal of Fines from July 1, 2003 through Juno 30, 200d.
From July 1, 2003 through June 30, 2009, the state director of finance shall transmit to each
county, not more than thirty days after the end of each fiscal quarter, 50 per cent of all the
fines and forfeitures collected for uncontested traffic infractions committed in that county, which
are in excess of amounts required by the State to pay the administrative costs of the Traffic
violations Bureau.
(a) This section shall not apply to:
(1) Fines and forfeitures for violation that occur on state off-street
parking facilities, parks, airports and harbors that are subject to
enforcement by the State; and
tirr..•/i.~n„ nan;tnt haws;i.onv/EessinncurrenUbills/sb1331 .htm 10/10/2003
11/12/03 WED 10:11 FAR 808 270 7686 MAUI COUNTY COUNCIL f~j 007
SB1331 Page 2 0~'2 ,
(2) Fines and forfeitures that are required by law to be paid into a special,
revolving, or trust fund.
No county shall be entitled to any portion of the fines and forfeitures described in this
subsection.
§29YC-C Transmittal oP Pines from July 1, 2006.
From July 1, 2009, the state director of finance shall transmit to each county, not more than
thirty days after the end of each fiscal quarter, all the fines and forfeitures collected for
uncontested traffic infractions committed in that county, which axe in excess of amounts required
by the State to pay the administrative costs of the Traffic Violations Bureau.
(a) This section shall not apply [o:
(1) Fines and forfeitures for violation that occur on state off-street
parking facilities, parks, airports and harbors that are subject io
enforcement by the State; and
(2) Fines and forfeitures that are required by law to be paid into a special,
revolving, or trust fund.
No county shall be entitled to any portion of the fines and forfeitures desczibed in this
subsection."
SECTION 2. Section 291C-171, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:
"(a) All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any
person charged with a violation of any section or provision of the state traffic laws and all
assessments collected relating to the commission of traffic infractions shall be paid to the
director of finance of the State. The 'udieiar shall identif those uncontested fines as defined
in section 291C-A The disposition of fines and forfeitures paid to the state director of finance
shall be subiect to sections 291C-H and 291C-C."
SECTION 3. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2003.
INTRODUCED BY:
Hy Request
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SB1331 BiI1,Status Page 1 of 1
Hawaii State LeSisiature
Bill Status
SB1331
Generated on 10/10/03 4:19:58 PM
Measure Title: RELATING TO LlNADIIJDICATEDTRAFFK FINES.
Report Title: Unadjudicated Traffic Fines
Description: Transfers in two phases, all fines and for feitures colleMed fw uncontested trafl'ic infractions to the counties- 50 per
cent in fiscal year 2003-2004; and l00 per cent in fiscal year 2004-2005.
Package: Gov
Companion: HB1078
lotroducer(s): BIJNDA (BR)
Current Referral: TMG, WAM
Date ~ Statua Text
(/22/03 S~ Introduced and passed First Reading.
1/27/03 S? Referred to 7MG, WAM.
1/30/03 ~ Hill scheduled to be heard by 7MG on 02-05-03 at 3:15 pm in confcrcncrroom 229:
215/03 S~ The commince(s) on TMG recommend(s) that the measure tie PASSED, UNAMENDED.
215/03 S~ The volts in TMG were as follows: 5 Aye(s): Kawamwo, Esperd, Aduja, Baker, Mrnor; Aye(s) with reservations:
none ; 0 No(es): none; and 2 Excused: Kanno, Whalen.
2/I 1/03 S Reported from TMG (Stand. Cora. Rep. No. 116) with recommendation of passage on Second Reading and referral
to WAM. Report adopted Passed Second Reading and referred to WAM. .
8/21/03 O Carried ova to 2004 Regular Session. -
S =Appropriation measure
ConAm = Constitutional Amendment
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STAND Page 1 of 2
STAND. COM. REP.
NO.ll6
Honolulu, Hawaii
2003
Honorable Aobert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Transportation, Military Affairs and Government Operations, to which was referred
S.B. No. 1331 entitled:
•'A BILL FOR AN ACT RELATING TO UNADJODICATED TRAFFIC FINES,"
beys leave to report as follows:
The purpose of this measure is to require the State to transmit to each county, traffic fines and
forfeitures collected for uncontested traffic infractions collected in that county.
Test~.mony in support of this measure was received from the Governor, Hawaii County Finance
Department, City and County of Honolulu Budget and Fiscal Services Department, one Kauai County
Council member, and three Maui County Council members. The Judiciary submitted comments.
This measure requires beginning July 1, 2003, the transmittal of fifty per cent of the fines and
forfeitures collected, and beginning July 1, 2009, the transmittal of all fines and forfeitures
collected, except for amounts required to administer the Traffic Violations Bureau. Moneys
collected from parking violations or moneys required to be deposited into special, revolving, or
trust: funds are excluded.
Ycur Committee views this measure as a means of cost sharing with the counties for their expense in
enforcing the statewide traffic code. Your Committee believes that the counties need a modicum of
Financial relief from the State, and this measure provides a dedicated source of revenue toward
that end.
As affirmed by the record of votes of the members of your Committee on Transportation, Military
Affairs and Government Operations that is attached to this report, your Committee is in accord with
the intent and purpose of S.H. No. 1331 and recommends that it pass Second Reading and be referred
to the Committee on Ways and Means.
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STr~ND Page 2 of 2 ,
Respectfully submitted
on behalf of the
members of the
Committee on
Transportation,
Military Affairs and
Government Operations,
CAL KAWAMOTO, Chair
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f1B1~7,8 , Page 1 oft
Roport Titla:
[Click here end type Report Title (I line limit)]
Description:
[Click here and type Description (5 line limh)J
HOUSE OF REPRESENTATIVES ~ . B . N O' 1078
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO UNADJUDICATED TRAFFIC FINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAll:
SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new part to be
appropriately designated and to read as follows:
"PART TPANSt+IITTAL OF TRAFFIC FINES AND FORFEITDRE$ TO COt1NTIES. -
§291C-A D®Pinitiona.
"Ti:a ffic infractions" means the same as defined under section 2910-2.
"Uncontested traffic infraction" means a tcaffic infraction for which Che person noticed under
section 2910-5 does not contest the infraction. A person "does not contest" an infraction if, in
ac<:ordance with section 2910-6(b)(1), the person admits the cotmaission of the infraction without
requesting a hearing to explain mitigating circumstances and pays or remits bail forfeiture by mail
within thirty days.
$291C-B Transmittal o£ fines from July 1, 2003 through Jnna 30, 2006.
From July 1, 2003 through June 30, 2009, the state director of finance shall transmit to each
county, not more than thirty days after the end of each fiscal quarter, 50 per cent of all the
fines and forfeitures collected for uncontested traffic infractions committed in that county, which
are in excess of amounts required by the State to pay the administrative costs of the Traffic
Violations Bureau.
(al This section shall not apply to:
(1) Fines and forfeitures for violation that occur on state off-street
parking faeil ities, parks, airports and harbors that are subject to
enforcement by the State; and
(2) Fines and forfeitures that are required by law to be paid into a special,
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HB 1078 ~ Page ~ of 2 ,
revolving, ox trust fund.
No county shall be entitled to any portion of the fines and forfeitures described in this
subsection.
§291C-C Transmittal o£ finQa from July 1, 2004.
From July 1, 2009, the state director of finance shall transmit to each county, not more than
thirty days after the end of each fiscal quarter, all the fines and forfeitures collected for
uncontested traffic infractions committed in that county, which are in excess of amounts regvized
by the State to pay the administrative costs of the Traffic Violations Bureau.
(a) This section shall not apply to:
(1) Fines and forfeitures for violation that occur on state off-street
parking facilities, parks, airpozts and harbors that are subject to
enforcement by the State; and
(2) Fines and forfeitures that are required by law to be paid into a special,
revolving, or trust fund.
No county shall be entitled to any portion o£ the fines and forfeitures described in this
subsection."
SECTION 2. Section 291C-171, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:
"(al All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any
person charged with a violation of any section or provision of the state traffic laws and all
assessments collected relating to the conmiission of traffic infractions shall be paid to the
dizector of finance of the State. The 'udiciaz shall identif those uncontested fines as defined
in section 291C-A. The disposition of fines and forfeitures paid to the state director of finance
shall be subject to sections 291C-B and 291C-C."
SECTION 3. New statutory material is underscored.
sEC'T ION 9. This Act shall take effect on July 1, 2003.
INTRODUCED BY:
By Request
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L-IB1078 dill Status ` Page 1 of 1
iiawaii State Legisiature
Bill Status
HB1078
Generated on 10/10/03 4:22:03 PM
Measure Title: RELATR4G TO UNAD1i1DICATED TRAFFIC FINES.
Report Title: Unadjudicated Traffic Fines
Description: Transfers in two phases, all fines and forfeitures collected far unconteried traffic infraMions to the counties- 30 per cent
in fiscal year 2003.2004; and 100 per cent in fiscal year 2004-2003.
Package: Gov
Companioe: SBI331
Introducer(s): SAY (BR)
Current Referral: FIN
Date O Status Text
1/23/03 ~ ]nvoduced
1Y24/03 ~ Pass Fvst Reading
]R7/03 ~ Referred to FIN, referral sheet 4.
8/21/03 ~ Carried over to 2004 Regular Session - - •
S =Appropriation measure
ConAm = Conriihnional Amendmern
r,.,.,~ir
...............:r..Ihaivo8 onv/city]/Anr•.c/ortctatns7 am9hillnn=HR1O7R Innnnnna
~fYN~
GARY SAFARIK . ~',;w PHONE: 961-8267
Councilmember FAX: 961-8912
'A•o~.N'I
COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Ifawai'i 96720
November 12, 2003
James Y. Arakaki, Chair
Hawai"i County Council
25 Aupuni Street
Hilo, Hawaii 96720
RE: Request to Waive Consideration of the Proposed 2004 HSAC Legislative Package to the
Full Council as Recommended by the HSAC Executive Committee
Pursuant to Section I (g) of Rule 4 of the Procedure of the Council of the County of Hawai i, I request
your support for waiver of this matter from my Committee on Public Works and Intergovernmental
Relations for consideration and approval by the full Council at its next scheduled meeting on December
19, 2003.
As reflected in the attached October 10, 2003 minutes of the HSAC Executive Committee, the six
legislative proposals recommended by the HSAC Executive Committee are "referred to the city and
county councils for their approval for inclusion in the 2004 HSAC Legislative Package." Action by
the Hawaii County Council on this matter should be referred to the HSAC Executive Committee and
General Membership Committee prior to their next scheduled meetings on December 4, 2003.
In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted
for these matters to be placed onto the next Counci] agenda for review. However, in the event this request
is denied, for whatever reason, I understand the matter shall be referred to the Committee on Public
Works and Intergovernmental Relations for placement on its future agenda.
Sinc re ~ f
Gary . Saf ~k, Chair
Committee on Public rks and Intergovernmental Relations
- ;
Apyr ~~~~~~/~~lowr Disapproved/Date/Refer toPWIRC:
I~ ~Ii II-12-03 _(11-12-03)
J s Y. Arakaki, Chair James Y. Arakaki, Chair
iawai"i County Council Hawaii County Council
GS/rf
Attachments
District V -Puna Makai