HomeMy WebLinkAboutCOM 0859.000 2002-2004
Hawaii State Assodation pf Counties
Counties of Kauai, Maui ard'kkkAl C44 kCounty of Honolulu
f~°~ r
e
November 9, 2004
MEMORANDUM
TO: James Y. Arakaki, Chair, and Council Members
FROM: Michael Tulang, Vice President <
Hawaii State Association of Counties
SUBJECT: 2005 HSAC Legislative Package
Attached please find a memorandum dated November 9, 2004 from HSAC President
Dain Kane to HSAC Executive Committee Members transmitting nine proposals for
inclusion in the 2005 HSAC Legislative Package. These proposals were approved by the
HSAC Executive Committee at its meeting on November 8, 2004 for referral to the
various county councils. Adoption of the 2005 HSAC Legislative Package is requested
prior to the HSAC Executive Committee's next scheduled meeting on December 7, 2004.
HSAC President Kane asks that special consideration be given to proposals 2, 5 and 9, as
preliminary discussions with state legislators indicate strong support for these measures.
In transmitting these recommendations, HSAC President Kane requests that the counties
take into consideration a request by Maui County Councilmember Charmaine Tavares to
withdraw proposal #8 from inclusion in the HSAC package. Proposal #8 relates to a
proposal to designate a portion of the State conveyance tax for affordable housing.
Councilmember Tavares asks to withdraw this measure in deference to a bill to be
proposed by the Legislature to generate funds for affordable housing.
The nine proposals referred by the HSAC Executive Committee for your consideration
are as follows:
I . A proposal allowing the counties to charge and collect an additional fee
issuance, re-issuance, or return of a driver's license after a conviction of
driving under the influence of intoxicants.
2. A proposal requiring the State to transfer fines and forfeitures collected for
uncontested traffic infractions to the county in which the violations occurred.
Comm. No. O S
Ref. To: A
Ref. Date
3. A proposal authorizing the counties to increase the minimum fee that may be
charged for motor vehicle registration from $5 to $10 to defray additional
costs relating to abandoned or derelict vehicles.
4. A proposal increasing from 45 to 75 days the timetiame within which a
legislative body must approve or disapprove an affordable housing project
under Section 201 G-1 18, HRS; clarifying 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; and requiring that
the "Corporation" (Housing and Community Development Corporation of
Hawaii or the county administration) hold at least one public hearing in the
community plan area where the project would be developed.
5. A proposal authorizing the counties with a population of at least 200,000 to
establish a general excise tax.
6. A proposal to clarify the requirement imposed on political subdivisions to
reimburse the state legislative auditor for the cost of financial audits
conducted by the legislative auditor from funds appropriated by the
legislature.
7. A proposal to repeal the sunset dates contained in Act 170, Session Laws of
Hawaii 2002, and Act 190, Session Laws of Hawaii 1996, as amended by Act
101, Session Laws of Hawaii 1999, and further amended by Act 170, Session
Laws of Hawaii 2002. Both acts provide limited immunity to the counties and
the State in their efforts to provide warning signs and lifeguard services at
State and county beach parks.
8. A proposal to designate a portion of the State conveyance tax for affordable
housing.
9. A proposal for appropriations for expenses of the 2005 National Association
of Counties (NACo) Annual Conference and Exposition in Honolulu.
For additional reference, please find copies of the nine measures in draft bill form as
prepared variously by the City and Council of Honolulu (proposals 1-7 and 9) and the
County of Kauai (proposal #8).
In light of the aforementioned deadlines, I will ask that the proposed 2005 HSAC
Legislative Package be waived from the Committee on Public Works and
Intergovernmental Relations and taken up by the full Council at its next regularly
scheduled meeting on November 24, 2004. Thank you for your consideration of the
proposed 2005 HSAC Legislative Package.
MT/rf
Attachments
oJMtv`os N~k
GARY SAFARIK COMMITTEES
Councilmemher Public Works & Intergovernmental Relations
District I' Puna Makai Chair
Phone: (808) 961-8267 - 1 lousing Agency
Fax: (808) 961-8912>r Chair
esafarik0int'erpac.net C'ounly of Haivai'i Finance
Huuvat'i County Building Tice-Chair
25 Aupuni Street
Hilo, Hawaii 96720
November 10, 2004
MEMORANDUM
TO: James Y. Arakaki and Council Members
PROM: Gary Safarik, Chair `
Committee on Public Works and Intergovernmental Relations
SUBJECT: Request to Waive 2005 HSAC Legislative Package to Council
At the request of Councilman Michael C. Tulang, HSAC Vice President and HSAC officer representing
Hawaii County, I request that the proposed 2005 HSAC Legislative Package, as referred by the HSAC
Executive Committee at its meeting of November 8, 2004 be waived from my Committee on Public
Works and Intergovernmental Relations for consideration and approval by the full Council at its next
scheduled meeting.
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 in order that our Council's action on the matter to be forwarded to
the HSAC Executive Committee at its upcoming December 7, 2004 meeting. It is therefore advantageous
that approval is granted and the matter placed onto the next Council agenda for review. However, in the
event this request is denied, for whatever reason, I understand the matter shall be referred to the
Committee on Public Works and Intergovernmental Relations for placement on its future agenda.
Sinccr y,
Gary S rik hair
Commit ee on ublic Worl sand Intergovernmental Relations
Approved/Date/Waive to Council: Disapproved/Date/Refer to PWIRC:
i
Ja s Y. Arakaki, Chair James Y. Arakaki, Chair
_14awai'i County Council Hawaii County Council
LE/rf
Attachments
ilamn'i County is an !,fluid Opportune v Provider and kniplover
NOV. 9.2004 10:52AM COUNCIL SERV?CE NO. 1738 P. 2/3
Hawaii State Association of Counties
' Counties of Kauai, Maui, Hawaii and City and County of Honolulu r
November 9, 2004
MEMO TO: HSAC Executive Committee Members
F R 0 M: Dain P. Kane, President el
SUBJECT: 2005 HSAC LEGISLATIVE PACKAGE
At its November 8, 2004 meeting, the HSAC Executive Committee met to
consider proposals for inclusion in the 2005 HSAC Legislative Package. The
Committee agreed to refer the following proposals to the four counties for consideration,
1. A proposal allowing the counties to charge and collect an additional fee for
suance, reissuance, or return of a driver's license after a conviction of
riving under the influence of intoxicants.
2. A propo ' 'ng the State to transfer fines and forfeitures collected for
uncontes infractions to the county in which the violations
occurred. I
maximum fee that may
3. A proposal authorizing the couq t *dvehicies.
be charged for motor vehicleg$5 to $10 to defray
additional costs relating to abandons 4. A proposal increasing from 45 to 75 days the timefra n which
Ja
legislative body must approve or disapprove an affordab ro
ect
under Section 201G-118, Hawaii Revised Statutes; he
expedited deadline for approval or disapproval by the all
not apply to proposed amendments to a project that
approved; and requiring that the "corporation" (thous
Development Corporation of Hawaii or the county ad
least one public hearing in the community plan area ct
would be developed.
5. A proposal authorizing the counties with a population of a east 200,000
to establish a general excise tax.
NOV. 9.2004 10:53AM COUNCIL SERVICE N0. 1738 P. 3i3
HSAC Executive Committee Members
November 9, 2004
Page-2-
6. A proposal to clarify the requirement imposed on political subdivisions to
reimburse the legislative auditor for the cost of financial audits conducted
by the legislative auditor from funds appropriated by the legislature.
7. A proposal to repeal the sunset dates contained in Act 170, Session Laws
of Hawaii 2002, and Act 190, Session Laws of Hawaii 1996, as amended
by Act 101, Session Laws of Hawaii 1999, and further amended by Act
170, Session Laws of Hawaii 2002. Both acts provide limited Immunity to
the counties and State in their efforts to provide warning signs and
lifeguard services at State and county beach parks.
8, A proposal to designate a portion of the State conveyance tax for
affordable housing.
9. A proposal for appropriations for expenses of the 2005 National
Association of Counties (NACo) Annual Conference and Exposition in
Honolulu.
May I please request that the respective counties consider the aforementioned
proposals prior to the HSAC Executive Committee's next meeting on December 7,
2004. 1 would respectfully urge that proposals 2,5, and 9 be given special consideration
as our preliminary discussions with legislators indicate that these proposals have a
particularly strong chance of being enacted.
After the Committee meeting, Councilmember Charmaine Tavares (Maui County)
requested that proposal 8 be withdrawn. She Indicated that she has been informed that
a bill will be proposed in the legislature to generate funds for affordable housing.
Councilmember Tavares would prefer to give consideration to this proposal rather than
having HSAC propose competing legislation. Therefore, may I also request that the
counties take into consideration Councilmember Tavares's request to withdraw proposal
number 8.
Thank you for your consideration of this matter.
ocs:Droj:hsac2003.2004:Itr:041108:rkk
44 CITY COUNCIL PROPOSAL • I CITY AND COUNTY OF HONOLULU NO (j " 4 - 2- l Q
v
HONOLULU, HAWAII
RESOLUTION
RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC
LEGISLATIVE PACKAGE THAT WOULD ALLOW THE COUNTIES TO CHARGE AND
COLLECT AN ADDITIONAL FEE FOR THE ISSUANCE OF A DRIVER'S LICENSE
AFTER A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS.
WHEREAS, persons driving while intoxicated or drug impaired ("DUI") pose a
danger to themselves, other drivers, and pedestrians; and
WHEREAS, over the years, the legislature has passed significant legislation in
an attempt to curb the frequency of DUI offenses; and
WHEREAS, nevertheless, driving while under the influence of intoxicating liquor
or drugs continues to be a serious problem in the State; and
WHEREAS, in 2002, the Honolulu Police Department made over two thousand
arrests for DUI offenses; and
WHEREAS, DUI arrests impose costs upon county police departments such as
time expended to prepare for and attend administrative hearings or judicial proceedings;
and
WHEREAS, the Council believes that persons convicted of driving under the
influence of intoxicants should be required to pay their fair share of the costs incurred by
county police departments due to their offense; and
WHEREAS, the Council further believes that requiring DUI offenders to pay an
additional fee for the issuance of their driver's license after a conviction of driving under
the influence of intoxicants may help to deter DUI offenses; and
WHEREAS, approval by all the counties is required to include a legislative
proposal in the HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2005 Hawaii State Association of Counties' Legislative
Package a proposal to allow the counties to charge and collect an additional fee for the
issuance of a driver's license after a conviction of driving under the influence of
intoxicants, as set forth in Exhibit A, attached; and
RA
OCS00664.RO4
CITY COUNCIL
1 " • CITY AND COUNTY OF HONOLULU NO 0 - T $
HONOLULU, HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
President of the Hawaii State Association of Counties.
INT7*o;- CED BY: DATE OF INTRODUCTION:
t p Z 2 2004
Honolulu, Hawaii Councilmembers
(OCS/091604/mg)
2
EXHIBIT 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, Hawaii Revised Statutes, is
2 amended by amending subsection (a) to read as follows:
3 "(a) Every application for an instruction permit or for a
4 driver's license shall be made upon a form furnished by the
5 examiner of drivers and shall be verified by the applicant
6 before a person authorized to administer oaths. The examiner of
7 drivers and officers serving under the examiner are hereby
8 authorized to administer such oaths without charge. Each
9 application for an instruction permit for a category (1), (2)
10 (3), or (4) license shall be accompanied by a fee to be
11 determined by the council of each county and each application
12 for a driver's license shall be accompanied by the fee, unless
13 the applicant has already paid the fee upon application for an
14 instruction permit in the same county, in which event no fee
15 shall be chargeable. An additional fee to be determined by the
16 council of each county shall be charged and collected upon the
17 issuance of a driver's license; provided that a driver's license
leg dui.04
Page 2 B. NO.
1 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 judicial
6 proceedings related to the offense. All the foregoing fees
7 shall become county realizations."
8 SECTION 2. New statutory material is underscored.
9 SECTION 3. This Act shall take effect upon its approval.
10 INTRODUCED BY:
11
12
leg dui.04
CITY COUNCIL
CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
CERTIFICATE
RESOLUTION 04-278
Introduced: 9/22/04 By: Romy M. Cachola (BR) Committee: EM
Title: RESOLUTION RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC LEGISLATIVE
PACKAGE THAT WOULD ALLOW THE COUNTIES TO CHARGE AND COLLECT AN ADDITIONAL FEE FOR
THE ISSUANCE OF A DRIVER'S LICENSE AFTERA CONVICTION FOR DRIVING UNDERTHE INFLUENCE OF
INTOXICANTS.
Links: 04-278
Related Communications
Executive 9/30/04 CR-422 - Resolution reported out of committee for adoption.
Matters
Council 10/13/04 CR-422 & Resolution adopted.
Cachola....... Y Dela Cruz..... Y Djou........ Y Gabbard..... Y Garcia.... Y
Kobayashi.... Y Marshall........ N Okino...... Y Tam............ Y
I hereby certify that the above is a true record of action by the Council of t 't and County of HonolulehZ is RESOLUTIPON.
~ 0, AA~;~ b""191410' 7
ENISE C. DE COSTA, CITY CLERK DONOVAN M. DELA CRUZ, CHAIR AND G OFFICER
PROPOSAL 2
CITY COUNCIL 04
CITY AND COUNTY OF HONOLULU NO.
HONOLULU, HAWAII
RESOLUTION
RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC
LEGISLATIVE PACKAGE THAT WOULD DISTRIBUTE FINE PROCEEDS FROM
UNADJUDICATED TRAFFIC VIOLATIONS TO THE COUNTIES.
WHEREAS, the counties are responsible for the enforcement of the Statewide
Traffic Code (Chapter 291 C, Hawaii Revised Statutes) and county traffic ordinances;
and
WHEREAS, however, the fines and forfeitures relating to the commission of
traffic violations are paid to the State; and
WHEREAS, the cost to the counties of enforcing the traffic laws is substantial,
including the cost of personnel to administer the laws, issue citations, make arrests, as
well as costs of equipment and supplies; and
WHEREAS, the Council is informed that a substantial portion of the parking and
traffic fine revenues received by the State represents unadjudicated fines that require
little or no expenditure on the part of the State to collect; and
WHEREAS, allowing the counties to receive revenues relating to the commission
of traffic violations that are unadjudicated would greatly assist the counties to offset the
costs of enforcing traffic laws and the management of traffic safety programs; and
WHEREAS, the Governor has indicated her support for legislation that would
distribute to the counties a percentage of fines resulting from traffic and parking citations
that are issued by the counties; and
WHEREAS, approval by all the counties is required to include a legislative
proposal in the HSAC legislative package; now, therefore,
FM
1
CITY COUNCIL
( c CITY AND COUNTY OF HONOLULU NO 0 !j - ? 80
HONOLULU, HAWAII
RESOLUTION
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2005 Hawaii State Association of Counties' Legislative
Package a proposal that would distribute a portion of fine proceeds from unadjudicated
traffic violations to the counties 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.
INTRO 4D4
DATE OF INTRODUCTION:
Honolulu, Hawaii Councilmembers
(OCS/092104/mg)
2
EXHIBIT A
.B. NO.
A BILL FOR AN ACT
RELATING TO UNADJUDICATED TRAFFIC FINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The Hawaii Revised Statutes is amended by
2 adding a new chapter to be appropriately designated and to read
3 as follows:
4 "CHAPTER
5 TRANSMITTAL OF UNADJUDICATED TRAFFIC FINES TO COUN'T'IES
6 Sec. 29IC-A Definitions. For purposes of this part,
7 unless the context clearly requires otherwise:
8 "Traffic infractions" means the same as defined under
9 section 291D-2.
10 "Uncontested traffic infraction" means a traffic infraction
11 for which the person noticed under section 291D-5 does not
12 contest the infraction. A person "does not contest" an
13 infraction if, in accordance with section 291D-6(b)(1), the
14 person admits the commission of the infraction without
15 requesting a hearing to explain mitigating circumstances and
16 pays or remits bail forfeiture by mail within thirty days.
LEG UNAD.04
Page 2 . B. NO.
1 Sec. 291C-B Transmittal of fines and forfeitures from July
2 1, 2005 through June 30, 2006. (a) From July 1, 2005 through
3 June 30, 2006, the state director of finance shall transmit to
4 each county not more than thirty days after the end of each
5 fiscal quarter fifty per cent of all the fines and forfeitures
6 collected for uncontested traffic infractions committed in that
7 county which are in excess of amounts required by the State to
8 pay the administrative costs of the traffic violations bureau.
9 (b) Subsection (a) shall not apply to:
"n 1) Fines and forfeitures for violations that occur on
11 state off-street parking facilities, parks, airports,
12 and harbors that are subject to enforcement by the
13 State; and
14 (2) Fines and forfeitures that are required by law to be
15 paid into a special, revolving, or trust fund.
16 No county shall be entitled to any portion of the fines and
17 forfeitures described in this subsection.
18 Sec. 291C-C Transmittal of fines and forfeitures from July
19 1, 2006. (a) From July 1, 2006, the state director of finance
20 shall transmit to each county not more than thirty days after
21 the end of each fiscal quarter all the fines and forfeitures
22 collected for uncontested traffic infractions committed in that
LEG_UNAD.04
Page 3 B. NO.
1 county which are in excess of amounts required by the State to
2 pay the administrative costs of the traffic violations bureau.
3 (b) Subsection (a) shall not apply to:
4 (1) Fines and forfeitures for violations that occur on
5 state off-street parking facilities, parks, airports,
6 and harbors that are subject to enforcement by the
7 State; and
8 (2) Fines and forfeitures that are required by law to be
9 paid into a special, revolving, or trust fund.
10 No county shall be entitled to any portion of the fines and
11 forfeitures described in this subsection."
12 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is
13 amended by amending subsection (a) to read as follows:
14 "(a) All fines and forfeitures collected upon conviction or
15 upon the forfeiture of bail of any person charged with a
16 violation of any section or provision of the state traffic laws
17 and all assessments collected relating to the commission of
18 traffic infractions shall be paid to the director of finance of
19 the State.
20 The judiciary shall identify those uncontested traffic
21 infractions as defined in section 291C-A. The disposition of
LEG UNAD.04
O.
Page 4 . B. NO.
1 fines and forfeitures paid to the state director of finance
2 shall be subject to sections 291C-B and 291C-C."
3 SECTION 3. In codifying the new sections added by section
4 1 of this Act, the revisor of statutes shall substitute
5 appropriate section numbers for the letters used in designating
6 the new sections in this Act.
7 SECTION 4. New statutory material is underscored.
8 SECTION 5. This Act shall take effect on July 1, 2004.
9 INTRODUCED BY:
iU
LEG UNAD.04
CITY COUNCIL
' CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
CERTIFICATE
RESOLUTION 04-280
Introduced: 9/22/04 By: Romy M. Cachola (BR) Committee: EM
Title: RESOLUTION RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC LEGISLATIVE
PACKAGE THAT WOULD DISTRIBUTE FINE PROCEEDS FROM UNADJUDICATED TRAFFIC VIOLATIONS TO
THE COUNTIES.
Links: 04-280
Related Communications
Executive 9130/04 CR-423 - Resolution reported out of committee for adoption.
Matters
Council 10/13/04 CR-423 & Resolution adopted.
Cachola....... Y Dela Cruz..... Y Djou........ Y Gabbard..... Y Garcia.... Y
Kobayashi.... Y Marshall........ Y Okino...... Y Tam............ Y
I hereby certify that the above is a true record of action by the Council of the ' nd County of Honolults.c~Lhis R SOLUT
l/
g /
DENISE C. DE COSTA, CITY CLERK DONOVAN M. DELA CRUZ, CHAIR AND PRESIDI OFFICER
CITY COUNCIL 04-284
I CITY AND COUNTY OF HONOLULU NO.
HONOLULU, HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
President of the Hawaii State Association of Counties.
INTRO UCED Y:
DATE OF INTRODUCTION:
SEP 2 2 2004
Honolulu, Hawaii Councilmembers
(OCS/091604/ct)
2
.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 by amending subsection (b) to read as follows:
3 "(b) This part shall be administered by the director of
4 finance in conjunction with the requirements of section 249-1 to
5 249-13 and shall entail no additional expense or charge to the
6 person registering the ownership of a motor vehicle other than
7 as provided by this section or by other laws; provided that for
8 each new certificate of ownership issued by the director of
9 finance under section 286-52, the director of finance may charge
10 a fee which shall be deposited in the general fund. The fees
11 charged to issue a new certificate of ownership shall be
12 established by the county's legislative body.
13 Notwithstanding any other law to the contrary, an
14 additional fee of not more than $1 for each certificate of
15 registration for a U-drive motor vehicle and $2 for each
16 certificate of registration for all other motor vehicles may be
17 established by ordinance and collected annually by the director
oCS00661.B04 EXHIBIT A ABANDON.05.dot
Page 2 . B. NO.
1 of finance of each county, to be used and administered by each
2 county:
3 (1) For the purpose of beautification and other related
4 activities of highways under the ownership, control,
5 and jurisdiction of each county; and
6 (2) To defray the additional cost in the disposition and
7 other related activities of abandoned or derelict
8 vehicles as prescribed in chapter 290.
9 The $2 fee established pursuant to this subsection for
11 certificates of registration for motor vehicles other than
11 U-drive motor vehicles may be increased by ordinance up to a
12 maximum of [,W $10; provided that all amounts received from any
13 fee increase over $2 shall be expended only for the purposes of
14 paragraph (2). The moneys so assessed and collected shall be
15 placed in a revolving fund entitled, "the highway beautification
16 and disposal of abandoned or derelict vehicles revolving fund."
17 SECTION 2. Statutory material to be deleted is bracketed
18 and in strikethrough. New statutory material is underscored.
19 SECTION 3. This Act shall take effect upon its approval.
20
21 INTRODUCED BY:
22
ABANDON.05.dot
CITY COUNCIL
CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
CERTIFICATE
RESOLUTION 04-284
Introduced: 9/22/04 By: Romy M. Cachola (BR) Committee: EM
Title: RESOLUTION RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC LEGISLATIVE
PACKAGE THAT WOULD AUTHORIZE THE COUNTIES TO INCREASE FROM $5 TO $10 THE MAXIMUM FEE
THAT MAY BE CHARGED FOR HIGHWAY BEAUTIFICATION AND ABANDONED VEHICLE DISPOSAL.
Links: 04-284
Related Communications
Executive 9/30/04 CR-425 - Resolution reported out of committee for adoption.
Matters
Council 10/13104 CR-425 & Resolution adopted.
Cachola....... Y Dela Cruz..... Y Djou........ N Gabbard..... N Garcia.... Y
Kobayashi.... Y Marshall........ Y Okino...... Y Tam............ Y
I hereby certify that the above is a true record of action by the Council of the City and County of Honolulu on this RESO N.
0. 1044q9a-
DENISE C. DE COSTA, CITY CLERK DONOVAN M. DELA CRUZ, CHAIR A E
IV gt CITY COUNCIL PROPOSAL 3
CITY AND COUNTY OF HONOLULU NO 0 4 ° H 4
HONOLULU, HAWAII
RESOLUTION
RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC
LEGISLATIVE PACKAGE THAT WOULD AUTHORIZE THE COUNTIES TO
INCREASE FROM $5 TO $10 THE MAXIMUM FEE THAT MAY BE CHARGED FOR
HIGHWAY BEAUTIFICATION AND ABANDONED VEHICLE DISPOSAL.
WHEREAS, Section 290-1, Hawaii Revised Statutes (HRS), authorizes the
counties to take into custody and dispose of abandoned vehicles in the state, except for
vehicles abandoned on property owned, managed or administered by the Housing and
Community Development Corporation of Hawaii; and
WHEREAS, abandoned vehicles left on public highways are a public safety
concern that requires prompt attention and resolution; and
WHEREAS, these vehicles may contribute to unsafe driving conditions, as well
as present opportunities for vandalism and arson; and
WHEREAS, in addition, abandoned vehicles have a negative visual impact for
both residents and tourists who travel on Hawaii's public highways; and
WHEREAS, Section 286-51(b), HRS, authorizes the counties to establish by
ordinance a fee of up to $5 for each certificate of registration for motor vehicles, other
than U-drive vehicles, to be used and administered by each county for the purposes of
highway beautification and defraying the costs of abandoned vehicle disposal; and
WHEREAS, the counties find, however, that in recent years, there have been
significant increases in both the number of abandoned vehicles and the costs
associated with their disposal; and
WHEREAS, accordingly, an increase in the maximum allowable fee is needed so
that the counties can continue to carry out their highway beautification and abandoned
vehicles disposal programs; and
WHEREAS, approval by all the counties is required to include a legislative
proposal in the HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2005 Hawaii State Association of Counties' Legislative
Package a proposal to authorize the counties to increase from $5 to $10 the maximum
fee that may be charged for highway beautification and abandoned vehicle disposal as
set forth in Exhibit A, attached; and
~k
OCS00661.RO4 1
PROPOSAL 4
CITY COUNCIL
I CITY AND COUNTY OF HONOLULU NO O - 2 T
HONOLULU, HAWAII
RESOLUTION
RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC
LEGISLATIVE PACKAGE THAT WOULD AMEND SECTION 201G-118, HAWAII
REVISED STATUTES, TO INCREASE FROM 45 DAYS TO 75 DAYS THE TIME
WITHIN WHICH TO APPROVE OR DISAPPROVE AFFORDABLE HOUSING
PROJECT APPLICATIONS.
WHEREAS, the availability of affordable housing is essential to the welfare of
Hawaii's low and moderate income residents; and
WHEREAS, Section 201G-118, Hawaii Revised Statutes (HRS), delineates
conditions under which affordable housing projects may be developed exempt from all
statutes, ordinances, charter provisions, and rules of any governmental agency relating
to planning, zoning, construction standards for subdivisions, development and
improvement of land, and the construction of units thereon; and
WHEREAS, one such condition provides that if the appropriate county council
does not disapprove an affordable housing project by resolution within 45 days after the
State Housing and Development Corporation of Hawaii (HCDCH) has submitted
preliminary plans and specifications for the project to the council, the project is
automatically deemed approved on the 46th day following submittal to the council; and
WHEREAS, pursuant to Section 46-15.1, HRS, counties have the same powers
granted to HCDCH to exempt affordable housing projects from legal requirements and
to provide expedited legislative review; and
WHEREAS, the Council recognizes that expediting the legislative review and
approval of a housing project represents cost savings to developers of affordable
housing and reflects the priority given to affordable housing development; and
WHEREAS, however, in limiting the time for legislative approval to 45 days, the
councils are denied adequate opportunity to review and consider housing project
applications; and
WHEREAS, for example, the scope of the proposed project and requested
exemptions may warrant a site inspection; and
WHEREAS, in addition, posting requirements and the calendars of the respective
councils pose additional constraints in meeting the 45-day deadline within which to
approve or disapprove a project; and
Em.
OCS00660,R04 1
CITY COUNCIL 04 -2 76
I CITY AND COUNTY OF HONOLULU NO.
HONOLULU, HAWAII
RESOLUTION
WHEREAS, the Council finds that increasing the period for approval or
disapproval from the current 45 days to 75 days would provide the county councils with
the ability to review projects, while maintaining an expedited review process; and
WHEREAS, approval by all the counties is required to include a legislative
proposal in the HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2005 Hawaii State Association of Counties' Legislative
Package a proposal to amend Section 201 G-118, Hawaii Revised Statutes, to increase
from 45 to 75 days the time within which county councils must approve or disapprove
affordable housing project applications, as set forth in Exhibit A, attached; and
BE IT FURTHER RESOLVED that the proposal shall also amend Section
201 G-118, HRS, to clarify that once a project is approved by a county council, proposed
amendments to the project shall not be subject to the expedited deadline for approval or
disapproval; and
2
CITY COUNCIL 04-276
CITY AND COUNTY OF HONOLULU No + HONOLULU, HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
President of the Hawaii State Association of Counties.
INTRO CED BYE
DATE OF INTRODUCTION:
SEP 2 2 ?p04
Honolulu, Hawaii Councilmembers
(OCS/091604/ct)
3
.B. NO.
A BILL FOR AN ACT
RELATING TO AFFORDABLE HOUSING PROJECTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 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
4 or with an eligible developer, or may assist under a government
5 assistance program in the development of, housing projects which
6 shall be exempt from all statutes, ordinances, charter
7 provisions, and rules of any governmental agency relating to
8 planning, zoning, construction standards for subdivisions,
9 development and improvement of land, and the construction of
10 units thereon; provided that:
11 (1) The corporation finds the project is consistent with
12 the purpose and intent of this chapter, and meets
13 minimum requirements of health and safety;
14 (2) The development of the proposed project does not
15 contravene any safety standards, tariffs, or rates and
16 fees approved by the public utilities commission for
17 public utilities or the various boards of water supply
18 authorized under chapter 54; and
OCS00660.B04 EXHIBIT A 201G.05.dot
O.
Page 2 . B. NO.
1 (3) The legislative body of the county in which the
2 project is to be situated shall have approved the
3 project.
4 (A) The legislative body shall approve or disapprove
5 the project by resolution within [{^=orty-five]
6 seventy-five days after the corporation has
7 submitted the preliminary plans and
g specifications for the project to the legislative
9 body. If on the [F^°*~° ] seventy-sixth day
10 a project is not disapproved, it shall be deemed
approved by the legislative body;
12 (B) Once a project is approved by the legislative
13 body, proposed amendments to the project shall
14 not be subject to the expedited deadline for
15 approval or disapproval provided in subsection
16 (a) (3) (A) ;
17 [-(B-) (C) No action shall be prosecuted or maintained
18 against any county, its officials, or employees
19 on account of actions taken by them in reviewing,
20 approving, or disapproving the plans and
21 specifications; and
201G.05.dot
Page 3 . B. NO.
1 [-~C4](D) The final plans and specifications for the
2 project shall be deemed approved by the
3 legislative body if the final plans and
4 specifications do not substantially deviate from
5 the preliminary plans and specifications. The
6 final plans and specifications for the project
7 shall constitute the zoning, building,
g construction, and.subdivision standards for that
9 project. For purposes of sections 501-85 and
10 502-17, the executive director of the
11 corporation, or the responsible county official
12 may certify maps and plans of lands connected
13 with the project as having complied with
14 applicable laws and ordinances relating to
15 consolidation and subdivision of lands, and the
16 maps and plans shall be accepted for registration
17 or recordation by the land court and registrar;
18 and
19 (4) The land use commission shall approve or disapprove a
20 boundary change within forty-five days after the
21 corporation has submitted a petition to the commission
22 as provided in section 205-4. If on the forty-sixth
201G.05.dot
Page 4 B. NO.
day the petition is not disapproved, it shall be
2 deemed approved by the commission."
3 SECTION 2. Statutory material to be deleted is bracketed
4 and in strikethrough. New statutory material is underscored.
5 SECTION 3. This Act shall take effect upon its approval.
6
7 INTRODUCED BY:
S
201G.05.dot
CITY COUNCIL
CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
CERTIFICATE
RESOLUTION 04-276
Introduced: 9122/04 By: Romy M. Cachola (BR) Committee: EM
Title: RESOLUTION RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC LEGISLATIVE
PACKAGE THAT WOULD AMEND SECTION 201 G-118, HAWAII REVISED STATUTES, TO INCREASE FROM
45 DAYS TO 75 DAYS THE TIME WITHIN WHICH TO APPROVE OR DISAPPROVE AFFORDABLE HOUSING
PROJECT APPLICATIONS.
Links: 04-276
Related Communications
Executive 9/30/04 CR-420 - Resolution reported out of committee for adoption.
Matters
Council 10/13/04 CR-420 & Resolution adopted.
Cachola....... Y Dela Cruz..... Y Djou........ N Gabbard..... Y Garcia.... Y
Kobayashi.... Y Marshall........ Y Okino...... Y Tam............ Y
I hereby certify that the above is a true record of action by the Council of th and County o Hon on this RE ION.
DENISE C. DE COSTA, CITY CLERK DONOVAN M. DELA CRUZ, CHAIR AND RESIDING OFFICER
PROPOSAL 5
CITY COUNCIL
CITY AND COUNTY OF HONOLULU No. 04 -21
HONOLULU, HAWAII
RESOLUTION
RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC
LEGISLATIVE PACKAGE THAT WOULD AUTHORIZE THE COUNTIES TO
ESTABLISH A GENERAL EXCISE TAX.
WHEREAS, the City is struggling to find revenue resources necessary to
maintain basic health and safety services, as well as to preserve and enhance the
quality of life of the City's residents; and
WHEREAS, the real property tax is the counties' major independent source of
revenue; and
WHEREAS, the real property tax, while an important source of revenue, may
unduly burden property owners; and
WHEREAS, the Council believes that in addition to the real property tax, it would
be more equitable to authorize a county-level tax that applies to a broader segment of
Hawaii's residents and visitors; and
WHEREAS, the Council further believes that authorizing the counties to establish
a county-level tax would provide the counties with greater financial flexibility and support
the counties' home rule authority; and
WHEREAS, the Council further believes that the Legislature would be more
willing to consider granting the City a county-level tax if the City relinquishes its share of
the transient accommodations tax; and
WHEREAS, approval by all the counties is required to include a legislative
proposal in the HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2005 Hawaii State Association of Counties' Legislative
Package a proposal to authorize the counties to establish a general excise tax as set
forth in Exhibit A, attached; and
OCS00668.RO4
CITY COUNCIL 04 8
1 CITY AND COUNTY OF HONOLULU No.
HONOLULU, HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
President of the Hawaii State Association of Counties.
INTRO UCED B p
DATE OF INTRODUCTION:
Honolulu, Hawaii Councilmembers
(OCS/092004/ct)
2
.B. NO.
A BILL FOR AN ACT
RELATING TO COUNTY TAXES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 46-16.7, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "546-16.7 County general excise tax. [andI'se --tax
4 surchargeI (a) Each county, except the county of Kalawao, may
5 establish a general excise tax. [ ^a e tax surcharge of QPP
6 half per ent ] Each county shall establish the general excise
7 tax [and sp t eh' ,el by ordinance. [ade^ted hefeYe
g n r h 1, 1oo2_which shall take a€€eet en 3ansaary ,ooh and
q :rpmAin in ff r fQ:r t years through Der-ember 1, 2992, unless
10 earlier repealed, d, yl4l'suant tce subseetien (r.) Din nrdipgnne
11 hall b adrt d until the ooianty ham ..rlugtod _ubl; hea
12 Gn the g>=egesed erdinanse Net;cp of the public hearing shal-I
13 b published newspaper in a GE general- „ l° t; ; t h;^ t h
14 county at leapt twJrp 'thin period of thirty days ediatel.
15 grEeding-->;he date e€ the hearing it county fails re adopt
county 16 q
17 October l !992, the t shall t t.e e erl by this
18 eta
OCS00668.B04 EXHIBIT A EXCISETAX.05.dot
Page 2 . B. NO.
I (b) Each ty shall ngtify the dir ^tpr ^f tpxatic~n
2 Axithip. days -.ftel- the county has adopted al
3 and h nr-dinanGe, and the Lii:;2pr-t-:nr- ^f t="=til, ure tax 4 hall l l1 t and the4:wi administer the-
5 general ciRA and >ise tax surcharge fer t:h.e taxable year
6 beginning january 1, 1993, and for taxable years tho e=fte,-
7 through Beeembe 912nn2 as provided by Ghapte 237 and 2
g / ) The J l e n•a e tax surcharges ed
~
9 f:rpm the ctat b h ceunty shall he ed follQ ;aR 10 (1) The 't and Gni4nty of U ^lu, u shall the ure 11 ha J t develop f; d r-ail rapid transit
12 syst=em All private source revenues ated
13 pledged t de el., fixed rail rapid transit syRtem
14 that are d t the ati^n of the stem prior 15 hall h d nt t hin funds f..r
16 requested f the transit capital 'ieyelo m°nt fund
17 pursuant tB Ghapter 51P befn:rp rur-c-harges may t.
18 lapeci The d' t f fipQpgiQ h ll d t whpthe-r
19 t i t adequate tQ °t nQl,pt- c
20 tc:hinq eq>AJ- ement:s The d t ..f F;n ohRll
21 sabm t epes' e€ €€nd€ncs to the legislat"re upon
22 l J l- t' aooeptanGe f the f i n d i nqs, i _t h i p r i x t
EXCISETAX.05.dot
Page 3 B. NO.
1 dares of-t-lae €irSt regular leg slati"(a pgg;on r-Qnrenpd
2 fQ1-1-nwing the suhm' f t a~ Qf the findings, *G _dditi nn=l
3 mgi4eys may L yenrler7 fr.,,., the transit fund- provided
4 that
5 !T1 c h l ' 'r t= the expencliture of frmc)neys 6 thp fund hall t t^
7 ppc~pml:)ez- 7l l 007 and
8 (p) D t er1 to th prior- 9 operat'Qn f the system e Rd in earh_ trees
10 that the sH eharc3e is in ff r "hall h
11 a the f di of the ital otg r.f
12 h fixed it rapid transit stem prior to any
13 regarding the d7 at; ^f the
14 sa ^harSe
15 (2) All e#a-r-Ses-vedlest=ed by the et r fQr- the ;r., and
16 oeunty f u 1 l t-„,t P.Qt LQd for the purpose of
17 d____i f' A rail rapid transit otem °hal l he
18 d 'r a r the "tate tro t^ be rst, ed-t-0
r
19 the ~S h s'ci d the it. I'd nty of
20 l 1 f than t h d d days of the ta >hle
21 yERar- in the gate durin(3 the time that the
22 surcharges ere eel l eet:ed in the fGrm r)f i ppome
EXCISETAX.05.dot
Page 4 B. NO.
1 r da'r the „nt: ^f rho edit to 11e dleterm edl
2 by law,
3 -(3-) The 1 and tax ^harge shall he Pxc~ipp
uRLQ 4 r l dl th dieter ;ar;o by the di,- d.rd„- d.f upgn 5 t.-. all th da 'ta r of t:ht= fixed finangp 6 rail rapid transit R~EgtRM ..t. e^t c nd e
h (4) have bpen l l r d7 ~ da da ' r ' h r d1
Y
g purSuapt to ghanter 74Q
9 Tat The t' f l4awaii, Kauai, di Maui rhall th urQ surcharges for publ i e t r- ns€ortat sn systems,
11 l d7' trait pc.rtat; ^r ,.gate
12 development, and parks, ^l„d7ing park e atiGn
13 maintgnappp f r r e ha e
14 (d) As uspd th' RpctiQn.
15 C- r't l GQRtR'l e sty reda _t-9
16 c--QnRt:p4apt A. t 't f l't sygtem, l dl' d9e1-,r
17 _ _ and d d.l .,t d,htc_d f_
18 way, planning, derign, da nct- r d. t including ; nr~ (g and
19 f h' J th facAlitzir or System.
20 IIP~pivatp rQurGe enue means all funds eeneeRrinn
tel. ntr
21 cle 1 t rights, th e ets ^f d.
r
22
EXCISETAX.05.dot
Page 5 B. NO.
1 count, f d al J oTt. result Qf Qr fir the
l
2 purpGses, f d l mass transpQrtarinn
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
11 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 237D-6.5, Hawaii Revised Statutes, is
15 amended to read as follows:
16 "9237D-6.5 Remittances; distribution to counties. (a)
17 All remittances of taxes imposed under this chapter shall be
18 made by cash, bank drafts, cashier's check, money order, or
19 certificate of deposit to the office of the taxation district to
20 which the return was transmitted.
21 (b) Revenues collected under this chapter shall be
22 distributed as follows:
EXCISETAX.05.dot
Page 6 . B. NO.
1 (1) [17 21 20.3 per cent of the revenues collected under
2 this chapter shall be deposited into the convention
3 center enterprise special fund established under
4 section 201B-8; [pro-idea that beginning january 1,
5 2002, if tti, r f tho nl l P^tPa „nllo,-revenupp 6 this 1 l h exrRRds $91,000,000 in any c;&Iencia-r
7 r~llontoA in cvnocc ~F~Z. 1__~$~.~_~~..gg
8 shall h d r 't d nt.. the general fund;]
9 (2) [32 6] 38.0 per cent of the revenues collected under
10 this chapter shall be deposited into the tourism
special fund established under section 201B-11 for
12 tourism promotion and visitor industry research;
13 provided that [beginning ju y 1, 2002:1:
14 (A) [Tf th t of deposited t the
15 tGQr-Ism "l fund rl $62,292,000 in An)
16 f ir-aTea of the f; Rt $1,009,000 in
17 d t a ^f $G2 292 nnn.] One per
18 cent of the revenues deposited into the tourism
19 special fund shall be used for tourism promotion
20 and marketing for the city and county of
21 Honolulu; and
EXCZSETAX.05.dot
Page 7 B a . NO.
i (B) $1,000,000 of the revenues deposited into the
2 tourism special fund shall be distributed as
3 follows:
4 (i) Ninety per cent shall be deposited into the
5 state parks special fund established in
6 section 184-3.4; and
7 (ii) Ten per cent shall be deposited into the
8 special land and development fund
9 established in section 171-19 for the Hawaii
10 statewide trail and access program;
11 Provided that the total amount deposited into the
12 state parks special fund and to the special land
13 and development fund for the Hawaii statewide
14 trail and access program shall not exceed
15 $1,000,000 in any fiscal year;
16 (3) 44 ? o cent .,f the -pvenuee nllect°a ^de this
18 rhall receive 14 G per nt Hawa ; county rhall
19 receive 18 G rent ; ty and county of Hnpnl `.l'
20 rh l l 44 l per nt .,A Ma,,; c-Qupty shall
21 receive 22.8 per Gent; an
EXCISETAX.05.dot
Page 8 B. NO.
1 (4) 5 9 t f the collected cinder thi pp7r 2 h f hall be dep ited intQ the tr rat
r
3 t t t t f d t 1-.l d „der
4 ARQUL:;n :'27n G-5
5 (3) 10.2 per cent of the revenues collected under this
6 chapter shall be transferred to Kauai county;
7 (4) 13.1 per cent of the revenues collected under this
8 chapter shall be transferred to Hawaii county;
(5) 16.1 per cent of the revenues collected under this
10 chapter shall be transferred to Maui county; and
11 (6) 2.3 per cent of the revenues collected under this
12 chapter shall be deposited to the general fund;
13 provided that each county shall use one per cent of the revenues
14 transferred pursuant to this section for tourism promotion and
15 marketing in the county.
16 (c) If more than one county establishes and implements a
17 county general excise tax pursuant to section 46-16.7, revenues
18 collected under this chapter shall be distributed as follows:
19 (1) 20.3 per cent of the revenues collected under this
20 chapter shall be deposited into the convention center
21 enterprise special fund established under section
22 201B-6;
EXCISETAX.05.dot
Page 9 B. NO.
1 (2) 40.0 per cent of the revenues collected under this
2 chapter shall be deposited into the tourism special
3 fund established under section 201B-11 for tourism
4 promotion and visitor industry research; provided
5 that:
6 (A) One per cent of the revenues deposited into the
7 tourism special fund shall be used for tourism
8 promotion and marketing in each of the counties
9 enacting a county general excise tax; and
10 (B) $1,000,000 of the revenues deposited into the
11 tourism special fund shall be distributed as
12 follows:
13 (i) Ninety per cent shall be deposited into the
14 state parks special fund established in
15 section 184-3.4; and
16 (ii) Ten per cent shall be deposited into the
17 special land and development fund
18 established in section 171-19 for the Hawaii
19 statewide trail and access program;
20 provided that the total amount deposited into the
21 state parks special fund and to the special land
22 and development fund for the Hawaii statewide
EXCISETAX.05.dot
Page 10 . B. NO.
1 trail and access program shall not exceed
2 $1,000,000 in any fiscal year;
3 (3) 15.0 per cent of the revenues collected under this
q chapter shall be transferred to each of the counties
5 that have not established a county general excise tax
6 pursuant to section 46-16.7; and
7 (4) Any moneys remaining of the revenues collected under
8 this chapter after distribution as provided in this
9 subsection shall be deposited into the general fund;
10 provided that each county shall use one per cent of the revenues
11 transferred pursuant to this section for tourism promotion and
12 marketing in the county.
13 (d) All transient accommodations taxes shall be paid into
14 the state treasury each month within ten days after collection,
15 and shall be kept by the state director of finance in special
16 accounts for distribution as provided in this subsection.
17 [ (e) on or before January or July 1 of each year or
18 after the disposition of any tax appeal with respect to an
19 assessment for periods after June 30, 1990, the state director
20 of finance shall compute and pay the amount due as provided in
21 [sabc~rien_- (b4-1 subsections (b) and (c) to the director of
EXCISETAX.05.dot
Page 11 . B. NO.
I finance of each county to become a general realization of the
2 county expendable as such, except as otherwise provided by law."
3 SECTION 3. Section 237-8.5, Hawaii Revised Statutes, is
4 repealed:
5 [11§237-8 5 County r =l e e nd c to rnhar-ge;
6 admini RtrMtion (a) The ^ty qPB(Q:r;;1 Laxc-irta .,ri use tax
7 surcharge, the ad t;r, c4f anunty ordinances r,rier r.t;r.
8 46-16 7, be levied, assessed, and sell==mot°Rd as pa-=evided in
9 this. Rpr-ti-Qn on all proceeds aTid gross income t;ixabl° gross 10 Un~ier- th s chapter at the four per- cent tax Fate in. such Tpapner
11 th'Qt the h' r7 state general ice tax and th° ^ty
12 general excigp and use tax surEharge-1=a shall be fnU:r And
13 half per cent th^Q° counties adopting the surcharge All
14 r - of this chapter shall ply to the county general
15 a c=se and 1}se tax r•harge; and ;th ° eGt t t}, silr~harge,
16 the direeter shall have all the rights and pGwers provided under
17 this chapter- Tn =aa;t;,,n the ,air r.tr of tax;;tiQn h-ll h,
IS the e nl, ;ve rights and Power to -determine th t
19 PQlAptipp h'r.h a p.° son is engaged in business and, tie
20 ° of a person engaged in. h , e than. t
21 the 'l; e.-tr. Rhal l determine through apportionment th
EXCISETAX.OS.dot
Page 12 . B. NO.
1 me-a-n-c that t' f th l ovd•i_n r1 t^ Ghor I'sp r
2 I t Ll t buriners in t a onh rQ13nt_y-
3 T/ 1 y h c-gunty l t Rur-GharSfe
4
5 7 , , 00'2 and shall rc~ptinup for a pe ^da of ten year-r-
6 t l2 Dpc-embpr- z, :Zn02 or until earlier izepeal°d
7 (s) The t 9RPPr-@l exsise and idg ta R„r-harge shall
s
9 h ^f tho taxes impo ed'1 ndlp
10 this c-hapte~j dl that if the r^ross r dio
to fto,- Der-pmber 21, 1992, on
12 PQntl~@Qtp a te--befere 3t-,ne1° J-19:90, and the w=i-ttep
13 pQnt4=@ptR d7 t y 9Y3~e f93= thepo nj of iprzineappd =tp
ol l
14 f taxpp. the r pd i,re tax „rrhar-ge Ph
15 not r r a the red
16 1 n6e the tt t~_p The ty q =l avd• pQ _ and ure
e di
17 t } J h l l h imposed t h
18 ippc~mp f ll Gont~aptg oft 7„ 19.
19 , QC30 ~Wlleth t tl-t t l l f th _~n~c n~ r,n _r~f_
20 any ttax c~r- any tax in
21 N tl J l A tax d. =c-ha hall taxeisp
u~se 22 h st i-.l h da --aTly'
EXCISETAX.05.dot
Page 13 B. NO.
1 I c, .7 t hl d th'
2 chapter at t:hkQ c~ne-half per c-pnt tax rate;
3 (2) Gross eeag taxable ncia; this
ohapte~ 227 at the 0 15 per cent tax rate; Gr-
4
5
6 proceeds exempt f t :Ax ndp - this ^hapte'r
7 (G) The dir-Rptn:r f to t' shall :revise the 9PPR47a1
8 PXP~RP r f t ' .l fQr- h clear and 'l r e
9
10 and to h°r^e llrp 11 The r 1 h 11 .l y„sr the t, "t,^n 'l;str ^t t^ .,h;..h
r
12 the tl J l Pxcirp A t°,. surolqarc3e is_aos;gr.ed uge 13 wirb l adopted by the ^f ta at, ^.1 -r-
14 chapter o, T}, taxppyer hall file s s^hfadule ith the
15 taxpaye4-'R pe1=J• d-}-S--e'Z-A'd--.-annual-G_]e71eral exr-irta and ure is..
16 t J th .,t of t;4 es assigned t^ paoh.
17 t s-v. a it«
18 The penalties provided by seed op a3, _~o f„r fa; 1, l7p to
19 f' le a r r gh l l he imposed the nr of ^har..e
20 dl;th -return heingfiled €er the fRil„re t„ file the
21 scene-lcequ~r-pd to acoempany the r2t,,,-n In addition, there
22 shah a amount equal r ten per t Qf the
EXCISETAX.05.dot
Page 14 . B. NO.
1 aru9up't f Yh g h >3 d tax due L-)p the rot„ being filed
2 fQ;z f;;i1u:re t f• l the eehedulp e: the fa; l„re t egtl.,
3 1 Y the assignment of the eneral evcicc tax by taxat
4 d~st:z~ic-t- th h d l d de thi c
5 (f) All taxpayers h f•l f;c. a bar whrre
6 after Der-ember 31, Q= aft:ea= Dec-ember 31,
7 h ll file h t annual etu f.-. the period period 9 fiscal yeaz= taxpayer shall l f l shorn peric~d annual
10 rpt fnr- the-p~r2d£tc_ t r} .afte DeGember 31, 1992, and
before january , 1994, pd for the periQd startinl+ afte
ending 12 De z, 2002 and anding h f -ran l 2004
13 All monthly, annual, d amAndAd et„rnc rl„e under- thir
14 chapter fG~ any periQd preceding 15 rl-lbmittea t the aepartmen.t-after Deeemb° 31, 2002,
include ts submitted with the return ty qenez~al
17 exG~rg, u£Q tax s h ge that m;;31 be a fQr- th4i~ Period
18 r a' J 7_ j i ~nnz n~
19 SECTION 4. Section 237D-5.5, Hawaii Revised Statutes, is
20 repealed:
21 [ A2 7n R Transient acuasled~atio tax trugt fund (a)
22 T-hr,-. rkQ r l 1 -..a t}, t t r the t:Pans;ent
EXCISETAX.05.det
Page 15 B. NO.
1
2 f fi t h' h hall bp `'T°n itofl_tl-ho 0 0 0
3 prescribed by section 22:71) 6 5~(b)
4 T(1-)1 All jp3EPRt:MPPt: from mQneys in -r,- car fund
$ h l l h 't d t the l fund-
6 (G) The p- rpose of t=he r r f .a r i, l cl
7
g rhArtfallp in th tzou7ririn al fund, if the tGurism specials
9 fund dQQr r $63,292,000 r r ...7~ti
10 t revenues as provided th; pnt;-Qp
11 T(d) if th t f t r nciat; nr tax o 0 0
12 c~irtriburpd r th r =l fland pur-suant r!, ecti~}
13 c IT,1 !'l\ d t}, rl' o..r.. ^f f;., rr, he
14 legg; than Q63,2928-0-0 in the aggr-e to in, a f; al the
15 c3!-l:pptn:r f finappp. At plic-h timeg and ..h ntrthat rho
16 d3- e t h ll hll determine, shall deposit moneys frG
17 the t st f a t the tnurism petal fund tejga;e,,;dp the
18 tourism _ F..na with ^f $63,292,000 in tl--anp~iQnt:
19 tax 4-evpniips in the t for a f; al year;
20 provided that ydepE 'r :F-ram the truer filpd r(' the r!,
21 sP l fund shall he limited to the moneys available the
22 t-r-l'st fund
EXCISETAX.05.dot
Page 16 . B. NO.
1 (a) Tf t} t al fupd :recei-4=R less thap
2
3 agg g4t2 f f' l Oren after e in.-. moneys fr-Gm
4 t1 r t f d t}, h tf l l ghal l he _ „1 @t; e n.a shall-
5 nGt 4zePpnt Claim st: flit1jr-P fr-cm the
r
6 t cif, fund
7 (e) rl djsit vem the >=1=11st f nd 1=e t:he tPUr-ism e R1
8 fi-md Rh all he made that: wnuld the tour-ism special fund t^ r;vige y than ec~l 29n,000 t nt t
th r f
~p3rpnljeg in 11 -(f-) Any m-neyr remaining the the tr1,Ct_ ;F"Pd at the end
12 f' l h 11 h ed i tcd t:Q the gene al f`o'nd; year 13 provided that, t t tourism special fund of at
14 least Ccv 2Q2 nnn t t Qdat;r.ns tax re-pnileg in
15
16 +-.a tht-reaftpr- h d i t d t^ the general
17 fund 11]
1s SECTION 5. Section 238-3.5, Hawaii Revised Statutes, is
19 repealed:
20 [119222 25 r urity q ^l oxcige and use tax _a„rnhax-g°
21 Rdminigt=atinp (a) The t '-l and to exrire
iige 22
EXCISETAX.05.dot
Page 17 . B. NO.
1 d i L 7 shall h levied, and l l t `a ' d >l
2 r th4a l F r raXaLl a ..rlar rh; nChat•te
3 at the foul= r t:a t° under rpc-t:Jc:)n 2;39-2(2) -
4 that the >l r r the _t l PXr-Jge
5 t } "l:ge-8h3~1 13e c. ...a h@l f o Gent
6 th c r' t' J li h a All nrGvicir. of th;S
8 surcharge With t t t} t h a r h ll
9 } @11 r lht ra ;.la>l ..nrlart:h; chapter lp
10 addit~npl h .l' t f r t; Thal l h-,> the Gl..
11
12 persc~n ~mpc)i2ts niz piji:c-hases tangible personal property and, i-R
14 than t the c3i:rpnt;n:r rh;;l l det:arm e t}+rei4gh
15 apportionment Qther- means, that r.nrtinn ^f the general exc~Jqp ny- 16 ate' s x s h ge-~ 4=~hutahlet:8 the impor-tation
17 riHr'ehase ira h nt.,
18 T/lb1 Each Gount -'l r..7 tax rnh Arno-shall-IIRLQ 1 J
r-. rl
19 be l r} of lai:iiiaizy l !992 and rhall r-(:)pt:Jpjle fGr- a per
20 f ten yeare through T)er-emberz 31, 2002, _ or until izavlie-r
21 izepealed,
EXCISETAX.05.dot
Page 18 . B. NO.
I (-G) NQ n r general exr-irp and uRp tax shall
2 t''° gtahl ; phed taxable upclez: rh' chapter h upon any upe 3 one-half per n°nr tax rare Or U P014 alW lase that i s nc9t subject
4 to to atir)n pr- rhQt ;s-, tempt from taxatifin >nde rhir r=ha:grr
5 (d) The ests e€ t@x;;t:'en shall 4-e-i the "Ge tax
6 -forms tG provide fQr the ..l° And ° ate `7 atiQ "r rh
7 impositign and nr of the County general and I-Irp
8
9 The taxpa„°r ohQl l .i° r. are the taxatiop dl r r r h' h
10 the nr=r'-q°neral a°Gise-and, xse-tax surcharge ;.s.. assigned
11 'rh ,.l°adc)pted by the dir°..r.,r ^f taxatiQpl under
12 Ehapter- 91 The taxpayer ohRI l file ^h°d,•l ° I-Xit:h rh
14 °r„rr. the nr of taxes assigned tz^ each
16 The penalties provided by section 221_~o fQq= failu~e r^
17 € ' l e a tax et=xrn shall beimpGsea the nr of surGharse
18 a„° en the 4eturn being filed far the failui~p r^ file the
19 schedule „g . °a r ^mpany the re>rurn In addition, there
20 hall h Q.a,-l d r the tax nr equal to ten ° °.,r Gf the
21 r € the surcharge and tam due en t=he °r.,rn being filed
22 fQ-r the €ailu->=e t:e file the schedule er the f=i1,, r„
EXCISETAX.05.dot
Page 19 B. NO.
1 r-epgrt the assignment of the ra b taxation di pt: r rh use
Qn. 2 schedule required pcip - this,
3 SECTION 6. Statutory material to be repealed is bracketed
4 and stricken. New statutory material is underscored.
5 SECTION 7. This Act shall take effect upon its approval;
6 provided that sections 2 and 4 shall take effect upon the
7 enactment and implementation by a county with a population of
S 500,000 or more of a county general excise tax ordinance
9 pursuant to section 46-16.7.
10
11 INTRODUCED BY:
12
EXCISETAX.05.dot
CITY COUNCIL
CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
CERTIFICATE
RESOLUTION 04-285
Introduced: 9/22/04 By: Romy M. Cachola (BR) Committee: EM
Title: RESOLUTION RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC LEGISLATIVE
PACKAGE THAT WOULD AUTHORIZE THE COUNTIES TO ESTABLISH A GENERAL EXCISE TAX.
Links: 04-285
Related Communications
Executive 9/30/04 CR-426 - Resolution reported out of committee for adoption.
Matters
Council 10/13/04 CR-426 & Resolution adopted.
Cachola.... - Y Dela Cruz..... Y Djou........ N Gabbard..... N Garcia.... Y
Kobayashi.... Y Marshall........ Y Okino...... Y Tam............ Y
I hereby certify that the above is a true record of action by the Council of City and County of Honoltt'- n this TI
DENISE C. DE COSTA, CITY CLERK DONOVAN M. DELA CRUZ, CHAIR AND P DING OFFICER
PROPOSAL 6
CITY COUNCIL p
I " • CITY AND COUNTY OF HONOLULU NO V - Z 8 3
HONOLULU, HAWAII
RESOLUTION
RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC
LEGISLATIVE PACKAGE THAT WOULD PROVIDE THAT THE COUNTIES PAY FOR
FINANCIAL AUDITS OF THE COUNTIES CONDUCTED BY OR FOR THE STATE
AUDITOR ONLY WHEN FUNDS FOR SUCH AUDITS HAVE BEEN PROVIDED TO
THE COUNTIES BY THE STATE LEGISLATURE.
WHEREAS, Act 4, Special Session 2003, requires that when the costs of
financial audits conducted by or contracted for by the State Auditor are reimbursable by
moneys appropriated to or generated by any executive agency of the State or its
political subdivisions, the affected agency shall transmit those cost reimbursements to
the Auditor; and
WHEREAS, political subdivisions, namely the counties, which have limited
resources, are already tasked with budgeting for and scheduling their own audits; and
WHEREAS, Article VIII, Section 5, of the Hawaii State Constitution, states, "[i]f
any new program or increase in the level of service under an existing program shall be
mandated to any of the political subdivisions by the legislature, it shall provide that the
State share in the cost"; and
WHEREAS, the Council finds that in order to reflect the spirit of Article VIII,
Section 5, Hawaii State Constitution, any audit conducted by the State Auditor of a
county should be funded by the State Legislature; and
WHEREAS, approval by all the counties is required to include a legislative
proposal in the HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2005 Hawaii State Association of Counties' Legislative
Package a proposal to provide that the counties pay for financial audits of the counties
conducted by or for the State Auditor only when funds for such audits have been
provided to the counties by the State Legislature as set forth in Exhibit A, attached; and
OCS00665.RO4
CITY COUNCIL
f CITY AND COUNTY OF HONOLULU NO 04-2 83
HONOLULU, HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the
President of the Hawaii State Association of Counties.
INTRODUCED BY:
c
DATE OF INTRODUCTION:
E P 2 2 2004
..nolulu, Hawaii Councilmembers
(OCS/091604/mg)
2
EXHIBIT A
.B. NO.
A BILL FOR AN ACT
RELATING TO THE AUDITOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 23-3.5, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "Section 23-3.5 Reimbursement moneys for financial
4 audits. When any part of the costs of financial audits
5 conducted by or contracted for by the auditor are reimbursable
6 by moneys appropriated to or generated by any department,
7 office, or agency of the State or its political subdivisions,
8 the affected department, office or agency of the State or
9 political subdivision shall transmit those cost reimbursements
10 to the auditor, provided however, reimbursement from political
11 subdivisions are required only in the event funds for financial
12 audits are appropriated by the State Legislature. Moneys
13 collected pursuant to this section shall be deposited in the
14 audit revolving fund established by section 23-3.6."
15
auditor.04
Page 2 . B. NO.
1 SECTION 2. New statutory material is underscored.
2 SECTION 3. This Act shall take effect upon its approval.
3 INTRODUCED BY:
4
5
auditor.04
CITY COUNCIL
CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
CERTIFICATE
RESOLUTION 04-283
Introduced: 9/22/04 By: Romy M. Cachola (BR) Committee: EM
Title: RESOLUTION RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC LEGISLATIVE
PACKAGE THAT WOULD PROVIDE THAT THE COUNTIES PAY FOR FINANCIAL AUDITS OF THE COUNTIES
CONDUCTED BY OR FOR THE STATE AUDITOR ONLY WHEN FUNDS FOR SUCH AUDITS HAVE BEEN
PROVIDED TO THE COUNTIES BY THE STATE LEGISLATURE.
Links: 04-283
Related Communications
Executive 9/30/04 CR-424 - Resolution reported out of committee for adoption.
Matters
Council 10/13/04 CR-424 8 Resolution adopted.
Cachola....... Y Dela Cruz..... Y Djou........ Y Gabbard..... Y Garcia.... Y
Kobayashi.... Y Marshall........ Y Okino...... Y Tam............ Y
I hereby certify that the above is a true rreecc~orrdd of~ action by the Council of the City and County of Honolul on this RESOLUTI
DENISE C. DE COSTA, CITY CLERK DONOVAN M. DELA CRUZ, CHAIR AND P DIN OFFICER
PROPOSAL 7
CITY COUNCIL
I " • CITY AND COUNTY OF HONOLULU NO 04 -2 75
5
HONOLULU, HAWAII
RESOLUTION
RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC
LEGISLATIVE PACKAGE THAT WOULD REPEAL THE SUNSET DATES FOR
IMMUNITY FROM TORT LIABILITY FOR THE COUNTIES RELATING TO OCEAN
SAFETY.
WHEREAS, millions of residents and visitors use Hawaii's public beaches and
the adjacent ocean for recreational purposes on a yearly basis; and
WHEREAS, ocean recreation has certain inherent risks, and unfortunately,
drownings and other serious injuries have resulted from these activities; and
WHEREAS, in 1996, the state legislature passed Act 190, which provided
counties with protection from liability arising from dangerous natural conditions in the
ocean adjacent to public beach parks, provided that adequate warning signs are
erected notifying the public of the dangers on public beaches; and
WHEREAS, Act 190 was intended to expire on June 30, 1999; and
WHEREAS, in 1999, the State Legislature passed Act 101, which extended the
sunset date of Act 190 from June 30, 1999 to June 30, 2003; and
WHEREAS, Act 170, passed by the Legislature in 2002, further extended the
sunset date of Act 190 to June 30, 2007, and in addition, provided immunity for county
lifeguards, and the county or State that employs them, from liability against damages
arising from the acts or omissions of lifeguards while performing emergency lifeguard
services on the beach or in the ocean; and
WHEREAS, the immunity for the lifeguards, however, also expires as of June 30,
2007; and
WHEREAS, the Council believes that the counties should be granted permanent
protection from liability for injuries caused by the natural condition of unimproved public
land, including public beaches, as well as from those arising from the acts or omissions
of county lifeguards while performing emergency lifeguard services; and
WHEREAS, the Council finds that the repeal of the sunset dates in Act 170 will
allow the counties to continue their efforts to enhance and strengthen public safety in
the use of Hawaii's ocean resources; and
EM
OCS00659.RO4 1
CITY COUNCIL G4-275
t CITY AND COUNTY OF HONOLULU NO.
HONOLULU, HAWAII
RESOLUTION
WHEREAS, approval by all the counties is required to include a legislative
proposal in the HSAC legislative package; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that it
approves for inclusion in the 2005 Hawaii State Association of Counties' Legislative
Package a proposal to repeal the sunset dates for immunity from tort liability for the
counties relating to ocean safety and for county lifeguards contained in Act 170, SLH
2002, 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.
INTRO UCED BY:
DATE OF INTRODUCTION:
S E P 2 F 2 0
Honolulu, Hawaii Councilmembers
(OCS/091604/ct)
2
.B. NO.
A BILL FOR AN ACT
RELATING TO STATE AND COUNTY TORT LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Act 170, Session Laws of Hawaii 2002 is amended
2 by amending sections 2 and 5 to read as follows:
3 "SECTION 2. Act 190, Session Laws of Hawaii 1996, as
4 amended by Act 101, Session Laws of Hawaii 1999 and Act 170,
5 Session Laws of Hawaii 2002, is amended by amending section 7 to
6 read as follows:
7 "SECTION 7. This Act shall take effect on July 1, 1996[-r
8 II
9 SECTION S. This Act shall take effect upon its approval[-r
10 Y ~l d that PArtinn l .,f this AQt shall 11° repgal ed
11 :~unp :30. 20(~] "
12 SECTION 2. Statutory material to be repealed is bracketed.
13 New statutory material is underscored.
14 SECTION 3. This Act shall take effect on
15
16 INTRODUCED BY:
17
OCS00659.BO4 EXHIBIT A OCEAN.05.dot
CITY COUNCIL
CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
CERTIFICATE
RESOLUTION 04-275
Introduced: 9/22/04 By: Romy M. Cachola (BR) Committee: EM
Title: RESOLUTION RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC LEGISLATIVE
PACKAGE THAT WOULD REPEAL THE SUNSET DATES FOR IMMUNITY FROM TORT LIABILITY FOR THE
COUNTIES RELATING TO OCEAN SAFETY.
Links: 04-275
Related Communications
Executive 9/30104 CR-419 - Resolution reported out of committee for adoption.
Matters
Council 10/13/04 CR-419 & Resolution adopted.
Cachola....... Y Dela Cruz..... Y Djou........ Y Gabbard..... Y Garcia.... Y
Kobayashi.... Y Marshall........ Y Okino...... Y Tam............ Y
I hereby certify that the above is a true record of action by the Council of t and County of Honolulu this RESOLU
DENISE C. DE COSTA, CITY CLERK DONOVAN M. DELA CRUZ, CHAIR AND PRE G OFFICER
NOV-04-2004 THU 05:10 PM COK CLERK OFFICE FAX NO, BOB 2416349 P. 16/17
PROPOSAL 8
SUMMARY
I'ROPOSAI,: To amend Section 247-7, Hawaii Revised Statutes, to provide the Counties
with a percentage of the conveyance tax, to be used for the development of
affordable housing.
PURPOSh,: To provide the Counties with revenue to address the costs associated with
tho dcvelopment ofaffordablo housing.
,1 GS77RICATION: The Counties are experiencing a signi Rant aced to provide affordable
!rousing for its tcsidents. The demand for housing, especially at affordable
levels is great, whilo the supply/inventory is limited. This proposed
anrendniont will provide the Cotulties with a percentage of the coriveyanee
tax, to be used for the development of affordable housing,
PROPOSAL 9
CITY COUNCIL
I CITY AND COUNTY OF HONOLULU NO. 04-277, CD1
HONOLULU, HAWAII
RESOLUTION
RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC
LEGISLATIVE PACKAGE THAT MAKES AN APPROPRIATION TO THE CITY FOR
THE 2005 NACO CONFERENCE.
WHEREAS, the City and County of Honolulu is hosting the 2005 Annual
Conference and Exposition of the National Association of Counties (NACo) from July 15
to 19, 2005; and
WHEREAS, NACo is an organization comprised of the counties of the United
States; and
WHEREAS, the 2005 NACo Conference is expected to be attended by
thousands of delegates and guests; and
WHEREAS, the entire State will benefit from the 2005 NACo Conference
because of the positive economic impact from visitor spending; and
WHEREAS, the State government also will directly benefit from the increased
general excise and hotel tax revenues; and
WHEREAS, thus, the Council finds that the State government should contribute
towards the cost of the 2005 NACo Conference;
WHEREAS, the Hawaii State Association of Counties (HSAC), which is
comprised of all members of the county councils of the State of Hawaii, supports the
City's effort in hosting the 2005 NACo Conference; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu that this
body approves for inclusion in the 2005 HSAC Legislative Package a proposal that
makes an appropriation to the City for the 2005 NACo Conference as set forth in the
attached Exhibit A; and
1
OCS00705.RO4
CITY COUNCIL
I CITY AND COUNTY OF HONOLULU NO. 04-277, CD1
HONOLULU, HAWAII
RESOLUTION
BE IT FINALLY RESOLVED that the Clerk is directed to transmit a certified copy
of this Resolution to the President of the Hawaii State Association of Counties.
INTRODUCED BY:
Romy M. Cachola (BR)
DATE OF INTRODUCTION:
September 22, 2004
Honolulu, Hawaii ounce mem ers
(OCS/100104/mg)
2
.B. NO.
A BILL FOR AN ACT
MAKING AN APPROPRIATION FOR EXPENSES OF THE 2005 NATIONAL
ASSOCIATION OF COUNTIES MEETING IN HONOLULU.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The City and County of Honolulu is hosting the
2 2005 National Association of Counties Annual Conference and
3 Exposition from Friday, July 15, to Tuesday, July 19, 2005, at
4 the Hawaii convention center. The city will be assisted by the
5 Hawaii State Association of Counties, an organization comprised
6 of all county councils of the State. The conference is expected
7 to draw thousands of attendees and guests. The entire State
8 will benefit because of the visitor spending and tax revenues
9 expected from the Conference.
10 SECTION 2. There is appropriated out of the general
11 revenues of the State of Hawaii the sum of $1,100,000, or so
12 much thereof as may be necessary for fiscal year 2005-06, for
13 the City and County of Honolulu to host the 2005 National
14 Association of Counties Annual Conference and Exposition.
15
naco.05
Page 2 B. NO.
1 SECTION 3. The sum appropriated shall be expended by the
2 City and County of Honolulu for the purposes of this Act.
3 SECTION 4. This Act shall take effect on July 1, 2005.
4
5 INTRODUCED BY:
6
7
naco.05
CITY COUNCIL
CITY AND COUNTY OF HONOLULU
HONOLULU, HAWAII
CERTIFICATE
RESOLUTION 04-277, CD1
Introduced: 9/22104 By: Romy M. Cachola (BR) Committee: EM
Title: RESOLUTION RELATING TO A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE 2005 HSAC LEGISLATIVE
PACKAGE THAT MAKES AN APPROPRIATION TO THE CITY FOR THE 2005 NACO CONFERENCE.
Links: 04-277
04-277 CD1
Related Communications
Executive 9/30/04 CR-421 - Resolution reported out of committee for adoption as amended in CD1 form.
Matters
Council 10/13/04 CR-421 & Resolution (CD1) adopted.
Cachola....... Y Dela Cruz..... Y Djou........ Y Gabbard..... Y Garcia.... Y
Kobayashi.... Y Marshall........ Y Okino...... Y Tam............ Y
I hereby certify that the above is a true record of action by the Council of th and County of Hon lu on this RESOL
~0 O~
DEN SE C. DE COSTA, CITY CLERK DONOVAN M. DELA CRUZ, CHAIR AND SIDI G OFFICER