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Home My WebLink AboutCOM 0448.000 2002-2004 Hawaii State Association of Counties Counties of Kauai, Maui and Hawaii, City B. County of Honolulu {1 i ~OJ DEC 29 III i 2~ „o~•-•c~ c' ~tl~ £ ~D ~i' Jul; ~ 9 December 29, 2003 MEMORANDUM TO: James Y. Arakaki, Chair, and Council Members ~ QC~, FROM: Gary S. Safarik, Vice President y' Hawaii State Association of Coun SUBJECT: Recommended Approval of Additional It s fo e 2004 H AC Legislative Package Proposed by Kauai County At the December 4, 2003 meeting of the HSAC Executive Committee, it was pointed out that Hawaii County had not yet taken up consideration of two proposals submitted by Kauai County for the 2004 HSAC Legislative Package, as follows: (1) Repeal of the law allowing the State Auditor to charge counties for costs associated with the legislatively mandated auditors, or to amend it to provide for legislative appropriations to accompany legislative mandated audits of the counties (HB 282, HD2, SDI, CDI/Act 4 ofthe SLH 2003 Special Session). (2) Repeal of the sunset provisions in the lifeguard immunity laws (Act 190, SLH 1996 as amended by Act 101, SLH 1999 and Act 17Q, SLH 2002). Copies of these bills and the transmittal of request for their consideration from James Tokioka, Kauai County Council, dated October 24, 2003 are attached for your review and consideration. I urge your favorable consideration of these items and transmittal of our county's approval of these measures for inclusion in the 2004 HSAC Legislative Package. "Thank you for your consideration of these proposals. GS/rf Attachments Ref. To: ef. Uate :.1/26/03 WED 11:93 EAX 808 270 7086 MAUI COUN'CY COUNCIL YAMAMOTO. ERICA 0 002 a... 9 Oi ~Mp ~.()i317'I7 L'S fll'r Sf%~l'iIA 1, Yt LEIS 1, t~SE FF'~jj 2dlpit `L~t,> ,q if 1$ ~`(t1t k11F? Ctf uF't iSd'1 Q1t 81 t77 4 X~ ` AGENDA HSAC EXECUTIVE COMMITTEE MEETING December 4, 2003 9:00 a.m. Milo Room, Hapuna Beach Prince Hotel 62-100 Kaunaoa Drive, Kohala Coast, Hawaii I. CALL TO ORDER II. EXECUTIVE COMMITTEE MEETING MINUTES A. Correspondence (undated) received on October 28, 2003, from the HSAC Secretary, transmitting the minutes of the October 10, 2003 Executive Committee Meeting. III. REPORTS OF THE TREASURER A ` Correspondence dated October 13, 2003, from the HSAC - Treasurer, .transmitting the Treasurer's Report for September 30, 2003. B. Correspondence dated November 4, 2003, from the HSAC Treasurer, transmittirig the' HSAC Audit Report for the Year Ended June 30, 2003. C. Correspondence dated November 6, 20b3, from the HSAC Treasurer, transmitting the Treasurer's Report for .,October 31, 2003. IV. REPORTS ,,i: A. COUNTY REPORTS 1. Maui County Report. I, i. Correspondence dated October 6, 2003, from the County Clerk, County of Maui, transmitting Government Relations Committee Report No. 03-113 (adopted on October 3, 2003), recommending approval of Hawaii County Councilmember Gary Op c 9 ~~w,, ~jy1~~ b z~ o. ~ `oJ'LJ,.~~a ~pYii'7~ R OF 26/03 WED 11:94 FAX 808 270 7686 MAUI COUNTY COUNCIL YAMAMOTO. ERICA (~J003 Hawaii State Association of Counties executive Committee Meeting Agenda December 4, 2003 Page - 2 - Safarik's nomination to the Western Jnterstate Region Board of Directors. ii. Correspondence dated October 6, 2003, from the County Clerk, County of Maui, transmitting Government Relations Committee Report No. 03-114 {adopted on October 3, 2003}, recommending approval of: (1) eight proposals for the 2004 HSAC Legislative Package; and (2) the HSAC Bylaw amendment to incorporate the HSAC Legislative Program Policy Statement into Section 10 of the Bylaws. iii. Correspondence dated November 24, 2003, from the County Clerk, County of Maui, transmitting Government Relations Committee Report No. 03-142, as amended (adopted on November 21, 2003}, recommending appraval of the proposed 2004 HSAC Legislative Package. 2. Hawaii County Report. i. Correspondence dated November 20, 2003, from the Council Chair, County of Hawaii, informing of the Hawaii County Council's approval of the proposed 2004 HSAC Legislative Package at its meeting of November 19, 2003. 3. City and County of Honolulu Reporfi. i. Correspondence dated November 7, 2003, from the City Clerk, City and County of Honolulu, informing of the adoption of Resolution No. 03-282, by the Honolulu City Council on November 5, 2003. The purpose of the resolution is to approve for inclusion in the 2004 Hawaii State Association of Counties' Legislative Package a proposal that would distribute fine proceeds from unadjudicated traffic violations to the counties. I I/26/03 WED 11:94 FAX 808 270 7686 MAUI COUNTY COONCIL YAMAMOTO, ERICA X004 Hawaii State Association of Counties Executive Committee Meeting Agenda December 4, 2003 Page - 3 - 4. Kauai County Report. B. National Association of Counties (NACo) Report. C. Western Interstate Region (WIR) Report. V. UNFINISHED BUSINESS A. Update of HSAC Bylaws by the HSAC President. 1. Corporate membership. 2. Executive Director position. 3. Authorizing appropriate county representation at HSAC Executive Committee meetings in the event both the HSAC officer and alternate from one county are unable to attend a meeting. 4. Other proposals. B. Update of HSAC 2003 Mid-Year Conference by the HSAC Vice President. 1. Correspondence (undated) received on October 31, 2003, from the HSAC Vice-Chair, transmitting the brachure for the HSAC 2003 Mid-Year Conference. C. Update of plans for 2005 NACo Conference by the HSAC Secretary. 1. Correspondence (undated) received on November 6, 2003, from the HSAC Secretary, transmitting the October 24, 2003 minutes of the NACo Steering Committee meeting. 2. Correspondence (undated) received on November 25, 2003, from the HSAC Secretary, transmitting the November 21, 2003 minutes of the NACo Steering Committee meeting. D. Update on 2004 HSAC Legislative matters by the HSAC President. 11/26/03 WED 11:45 FAX 808 270 7686 MAUI COUNTY COUNCIL YAMAMOTO. ERICA 171005 Hawaii State Association of Counties Executive Committee Meeting Agenda December 4, 2003 Page - 4 - 1. The proposed 2004 Legislative Package consists of bills that would: a. 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. b. Require the State to transfer fines and forfeitures collected for uncontested traffic infractions to the county in which the violations occurred. c. Authorize the counties to increase the maximum fee that may be charged as part of a motor vehicle registration from $5 to $10 to defray additional costs relating to abandoned or derelict vehicles. d. Require 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. e. Increase from 45 to 75 days the timeframe within which a legislative body must approve or disapprove an affordable housing project under § 201G-118, Hawaii Revised Statutes, and 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. f. Authorize the counties to establish a general excise tax (revised on October 30, 2003). i. Correspondence dated October 10, 2003 to the Mayor of the City and County of Honolulu from the HSAC Secretary, requesting comments on the latest draft of the general excise tax on retail sales of tangible personal property. 11(26/03 NED 11:95 F.9X 808 270 7686 MAUI COUNTY COLfN'CIL YAMAMOTO. ERICA (~j 006 Hawaii State Association of Counties Executive Committee Meeting Agenda December 4, 2003 Page-5- ii. Correspondence dated October 10, 2003 to the Members of the Honolulu City Council from the HSAC Secretary, requesting comments on the latest draft of the general excise tax on retail sales of tangible personal property. iii. Correspondence dated October 24, 2003 from the HSAC Treasurer regarding: (1) Kauai County Council's approval of all of the proposed bills, except for the proposed bill relating to the general excise tax on retail sales of tangible personal property; (2) a request for the HSAC Executive Committee to consider two additional proposals to the 2003 HSAC Legislative Package. a. Repeal of the law allowing the State Auditor to charge counties for costs associated with legislatively mandated auditors, or to amend it to provide for legislative appropriations to accompany legislative mandated audits of the counties (HB 282 HD2 SD1 CD1/Act 4 of the SLH 2003 Special Session). b. Repeal of the sunset provisions in the lifeguard immunity laws (Act 190, SLH 1996 as amended by Act 101, SLH 1999 and Act 170, SLH 2002). VI. NEW BUSINESS A. Correspondence dated October 15, 2003, from the Administrative Director of the Center for Alternative Dispute Resolution, State Judiciary, requesting approval of the nominations of Councilmember Aaron Chung (Hawaii) and Councilmember JoAnn Yukimura (Kauai) to fill vacancies on the Center's Board of 11:26/03 WED 11:45 FAX 808 27D 7686 MAUI COUNTY COUNCIL YAMAMOTO. ERICA pj 007 Hawaii State Association of Counties Executive Committee Meeting Agenda December 4, 2003 Page - 6 - Directors, in accordance with Chapter 613-3, Hawaii Revised Statutes. B. HSAC website proposal by the HSAC President. C. Proposed 2004 HSAC Executive Committee Meeting Schedule: • Tuesday, January 21, 2004, 2:00 p.m., Honolulu Hale • Friday, February 13, 2004, 10:00 a.m., Honolulu Hale • Friday, March 12, 2004, 10:00 a.m., Honolulu Hale • Thursday, April 8, 2004, 10:00 a.m., Honolulu Hale • Friday, May 19, 2004, 10:00 a.m., Honolulu Hale • June meeting to coincide with the HSAC Conference on Maui • Friday, July 9, 2004, 10:00 a.m., Honolulu Hale • Friday, August 20, 2004, 10:00 a.m., Honolulu Hale • Friday, September 10, 2004, 10:00 a.m., Honolulu Hale • Friday, October S, 2004, 10:00 a.m., Honolulu Hale • Friday, November 12, 2004, 10:00 a.m., Honolulu Hale • December meeting to coincide with the HSAC Conference on Oahu VII. COMMUNICATIONS VIIL ANNOUNCEMENTS A. Next meeting: Tuesday, January 21, 2004, 2:00 p.m., Honolulu Hale, in conjunction with Opening Day at the State Legislature. B. Other announcements. IX. ADJOURNMENT COUN9'Y COUNCIL ~ , OFF[GE Uh'1'HE COUNTY CLERK 13111 "Kaipo" Asing Chair ~ ~ o ~ O,9 J tunes Kunanc Tokioka, Vicc Chair ~ ~ ~ Peter A. Nakamura, County Clerk Jay Fur1'aru Ernesto C.. Paaion, Deputy County Clerk, Unryl W, hancshiro r Muurica "Joe" Munechika STS - t Phone (808) 241-6371 Mal Rnpozo _ ° Fax (808) 241-6349 loAnn A. Yukiniura Council Services Division 4396 Rice Street, Room 206 L7hu'e, Kauai, Hawaii 96766-1371 MTMORANj2~~T October 24, 2003 TU: I1SAC Executivo Committee Dain Kane, County of Maui Gsry Safaik, County of Hawaii Donovtt ela Cruz, City & County of Honohtlu FROM: Fames Tokio a, .aunty of Kauai }i.l++;: '2004 HSAC Legislative Package, The Kauti i County Council, at its October 23, 2003 meeting, spproved Lhe f~111~wing measures for inclusion as part of the 2004 HSAC Legislative Package: 1. Increasing the time limitations on Council consideration of new applications for affordable housing fast-tracking applications under Section 'LO1G, HItS, and removing the time restrictions on Council consideration of previously approved applications for affordable housing fast-tracking applications; 2. Increasing; Lhe highway beautiFication fee from $5 to $7.0 Tor litter and junk car eradication programs; 3. Granting the counties authority to implement. a driver's license rc;newal fee for DUI-convicted drivers, with all Pecs collected being sent to t}te counties; 4. Requiring insurance companies to alert the counties when clients cancel no fault insurance coverage; and 5. ReFluires the State to transfer fines and forfeitures collected for uncontested traffic infractions to the county in which the violations occurred. PosX-ir"Fax Nu:c f~ 171671 ~"1° In~, j4J pages? To ~ lC,tt :l'lTr/ , lYl 1~4 hL Frem ~ ~ ~et~~.J-_ F'hona X _ Phono X I `~J~ , F:1%~~ Fex X OCT-31-2003 FRI 01 46 PM COK CLERK OFFICE FAX N0. 808 2416349 P. 02/06 , Memo to HSAC Executive Committee October 24, 2003 Page ltvo In addition to the above proposals, the I{aua`i County Council approved two (2) new proposals which are hereby submitted to HSAC for each of the individual County CouuFils to consider as part of the HSAC package: 1, Rcpcal of the law [AcC 4 (SLH 2003 Special Session)] allowing the State Auditor to charge counties for costs associated with legislatively mandated auditors, or t.o amend it to provide for legislative appropriations to accompany legislatively mandated audits of the counties (HB 282 HD2 SD1 CD1/Act 4 of the SLI): `L003 Special Session); and 2. Repeal the sunset provisions in the lifeguard immunity laws (Act 1'J0, SLH 1996 as amended by Act 101, SLIT 1J99 and Act 770, SLH 2002). 'T'hank you for your attention and consideration. J`C/ca Att. AN liCiUAL OPPORTUNITY L'MPLOYER OCT.-31-2003 FRI 01:46 PM COK CLERK OFFICE, FAX N0. 808 2416349 P. 05/06 JU~'j'~,'IC,9TiON SHE,j;,~ ,PROYOSJR: County of ICxuai (For.HSAC and County Legislative. Tl'1'LB: Rlii.ATINd TO THE AUDITOR PURPOSE: The purpose of this bill is to clarify the requirement imposed on political subdivisions to reimburse the legislative auditor for the cost of lnancial audits conducted by the Iegislative nudilor from funds appropriated by the legislature, MEANS: Amends Act 004, Special Session 2003 JUST1f~1CAT1ON: The existing language of the bill which allows the Legislative Auditor to decide unilaterally when to conduct or contract for financial audits of political subdivisions and then claim reimbursement fur the costs of all the audits from the political subdivisions, is unclear as to tltc source of the funds to be used by the political subdivisions for reimbursement. Political subdivisions, with limited resources, are already tasked with budgeting for and scheduling their own audits. Therefore, in order to reflect the spirit of Article Vili, Section 5 of the Hawaii State Constitution, any audit conducted by the Legislative Auditor of a political subdivision would be more appropriately funded by the State Legislature. OCT.-31-2003 FRI 01 46 PM COK CLERK OFFICE FAX N0. 808 2416349 P. 04/06 TWL'N1Y-TH1RD LEGTSi..AT[JRE, 2004 STATF. OF HAWAII .~r- _ A BILL FOR AN ACT - - - RLLA7ING TU STATE AND COUNTY TORT T,IABII.dTY. BE IT F.NACT'ED BX THE LEGiSLATUItE OF THE STATE OF I-lAWAlI: SECTION 1. Act 170, Scssion Laws of Hawaii 2002 is amended by amending sections 2 and 5 to read as follows: "SECTION 2. Act 190, Session Laws of Hawaii 199G, as amended by Act 101, Scssion Laws of liawaii 1999 and Act 170, Session Laws ofHawaii 2002, is amended by amending section 7 to read as follows: "SECTION 7. This Act shall take effect on July 1, 199G[; providod that this Act shall be repealed on June 30, 2007]." SF,CTION 5. This Act shall take effect upon its approval~;ptnvided that section 1 of this Act shall be repealed on June 30, 2007.]" SECTION 2. Statutory material to be repealed is bracketed. Ncw statutory material is underscored. ST3CT1ON 3. This Act shall take effect on iv a GARY SAFARIK . PHONE: 961-8267 Councilmember FAX: 961-8912 COUNTY COUNC[L County of Hawaii Hawaii County Building ?5 Aupuni Street Hilo, i(awai'i 96720 December 29, 2003 Re: Corwt. 448 James Y. Arakaki, Chair Hawai"i County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: Request to Waive Consideration of Additional Items Proposed for the 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 Hawaii, 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 January 7, 2004. As reFlected in the attached December 4, 2003 agenda of the HSAC Executive Committee, Kauai County has recommended adoption of two additional proposals for the 2004 HSAC Legislative Package, shown in my attached communication to Council members dated December 29, 2003. Action by the Hawai i County Council on these matters should precede the convening of the upcoming legislature. 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 Council 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. P ` Sincer y `t Gary S 'afar' ,Chair Committee on ublic Wog sand Intergovernmental Relations A rov Date/Waiv ouncil: Disapproved/Date/RefertoPWIRC: i r ~ ~'~t2-29-03 (12-29-03I roes . A <aki, Chair James Y. Arakaki, Chair Haw i County Council Hawai "i County Council t ' GS/rf Attachments District V -Puna Makai