HomeMy WebLinkAboutCOM 0452.002 2004-2006 K. Angel Pllago ?v,a Phone No.: (808) 327-3642
Council Member r~ Fax No.: (808) 329-4786
Uisnict R -North Kona E-Mail: kapilago@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Kaiiva Trade Center
75-5706 Hanama Place, Snite 109
Kailua-Kona, Hawaii 96740
10/26/05
Stacy K. Higa, Chairman and
Hawaii County Council Members
Hawaii County Council
25 Aupuni Street
Hilo. HI 96720
RE: 2006 HSAC Legislative Package
Dear Chairman Higa and Council Members:
Following discussions a[ the October l4. 2005 meeting of the HSAC Executive Committee, I am
transmitting correspondence from Dain P. Kane, President of the Hawaii State Association of Counties
dated October 18, 2005 in which he attaches the following for consideration by the Hawaii County
Council:
1. A Bill For An Act Relating To The Sunshine Law. This Bill proposes to amend Section 92-10,
Hawaii Revised Statutes to exempt all elected legislative boards, including the county councils.
The proposed Bill states the Sunshine Law detracts from the effectiveness of the county councils
in carrying out their legislative responsibilities.
Action Requested. Council review of the proposed Bill for possible inclusion in the
proposed 2006 HSAC Legislative Package.
2. Resolution Approving for Inclusion in the 2006 HSAC Legislative Package a Proposal
Repealing the Sunset Dates for Three State Statutes That Provide The Counties with
Liability Protection For Public Use of Certain County Recreation Areas drafted by the City
and County of Honolulu. This draft Resolution consolidates the two Bills for An Act Relating to
Public Land Liability previously approved by Hawai'I County and submitted to HSAC by Stacy
Higa, Chairman, on October 5, 2005. The consolidated version of the Resolution encompasses the
proposed repeal of sunset dates for beach signage, lifeguard liability and other public land
signage.
A Bill For An Act Relating to Liability. This Bill repeals the sunset dates of three
statutes set forth in the Resolution listed in item number 2, above, and provides the state and
county governments with liability protection for public use of certain state or county recreational
areas.
Action Requested. Council review of the above Resolution and Bill Relating to Liability for
possible inclusion in the proposed 2006 HSAC Legislative Package. ni / ~ ~ 1
Comm. No.
Ref. To:
Ref. pare [l('T .2005
Hawai `i Cnunty /s An Equal (~portunity Provider And Employer '
Stacy K. Higa, Chairman and
Hawaii County Council Members
October 24, 2005
Page Two
would like to request the attached be placed on the November 9, 2005 Council Agenda For discussion
and consideration for possible inclusion in the proposed 2006 HSAC Legislative Package. A Waiver
Request is being submitted concurrently with this correspondence to Donald Ikeda, Chairman of the
Committee on Public Works & Intergovernmental Relations.
Thank you for your assistance in this matter. Should you have any questions, please feel free to contact
me at (808) 327-3642.
Sincerely.
K~1 Pilago ice-President~~
Hawaii State Association of Counties
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Encls.
Hawaii State Association of ~'ounties '
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Counties of Kauai, Maui, Hawari and City and County of Honolulu ~ ~4i
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Gctober 18, 2005
Members of the Executive Committee
Hawaii State Association of Counties (HSAC)
Dear Members of the HSAC Executive Committee:
SUBJECT: 2006 HSAC LEGISLATIVE PACKAGE
As discussed at the HSAC Executive Committee meeting on October 14 2~'t@ ar
transmitting the following:
1. Revised justification sheet and draft bill regarding the Sunshine Law.
2. Correspondence dated October 5, 2005, from the Hawaii County Council Chau
transmitting two bills relating to Public Land Liability.
~~~i~y~~11~~Nti!~~~raft Resolution and Bill regarding Hawaii County's proposal relating Co Publl-
'''?~'I ~'!!t'!'~ti~and Liabilit
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The City and Coy ~ onolulu has expediently drafted a resolution and conso4ida,er;
bill encompassing the pro eal of sunset dates for beach signage, lifeguard liability anr:
other public land signage,'^'~ ' by ~ , ~i,;;~,g~nty. A revised justification sl ~e~e* Anil
forwarded to you upon receipt from Hawal4 Coin
ail it , X0(4
May I please request that you facil4tate wrf~~~, , ~~,,J~f these matters by you
counties for possible inclusion in the proposed 2 6 HSA4~!J~, ~'isi~'tive Package? Pease bc-
prepared to report your County's position to the HSAG~ifecuf'ive Committee at its next meeting
scheduled for November 10, 2005 in Lihue, Kauai. w
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Thank you for your time and attention to this matter. Should you hav ~ qr2~ ~~east•
feel free to contact me or the HSAC staff, Richelle Kawasaki at ($U$) 27C 7~ !i~ ' ~ ~ 4~
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Hawaii State Asscoiatior of~dt~es
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NSTIFICATION SIIEET
PROPOSER: Hawaii State Association of Counties
TITLE: A BILL FOR P,.T~ ACT RELAT1IxTG TO '°HE SUNSHINE LA i~"
PURPOSE: To amend the applicablity of the Sunshine Law
MEANS: Amend Section 92-10, Hawaii Revised Statutes
JUSTIFICATION: The Sunshine Law detracts from the effectiveness of the co•~ttrty
councils in carrying out their legislative responsibilities. Th: law
should be amended to exempt all elected :egislative boazds.
including the county councils.
Open-meeting laws aze needed to require appointed boazds to
allow public input. Elected boards are directly accountable to
voters, and ate very sensitive to public opinions elected boards are
very mottvated tc provide reasonable opportunities for publ:r
participation.
Open meeting laws preclude many informal interactions bena~an
elected representatives and the public. These int®ractions are
essential far elected representatives to h:+ve a balanced perspective
of the needs and opinions of the entire community. People nerd to
be able to speak with legislators in a variety o£ settings. Tn many
cases, legislative board members cannot amend the same gatherings
or even listen to the same discussions, without having to conform
to the three major Sunshine Law requirements (i.e., requiring hear
notice is posted and mailed, that testimony is accepted, and t~iat
written minutes setting forth each participant's perspectives a'c
prepared).
Open-meeting laws prevent legislators from participating in
informational and educational workshops and forums, thereby
limiting legislators' access to valuable information and sour; of
knowledge that could be used to make be:~_er informed decis~a~s.
The general public is also disadvantaged'oy not being able to ]eam
about issues and provide comments.
The county councils have general legislative responsibilities fer
their counn~ governments. Such boards have responsibilities th
encompass a broad range of topics, greatly increasing the number
of interactions that are prohibited by the Sunshine Law. Under the
Sunshine Law, almost anything can be said to involve a topic t'a*.
~i 1 61n r ~ -~w _ r. -
is within a legislative body's scope, so nearly aJl private
interacrions could be considered violatiors. The Legislature c.,a;
right to exempt itself, knowing that rt would have to establish
realistic internal procedures to ensure tha_ the public would :,e xdpti
informed.
ocs:pro7:hsac;hwc 2005-?006:0`mix:05.18161 sky,
.B. NO.~_
A BILL FOR AN ACT J
RELATING TO THE SUNSHINE SAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
t SECTION 1. The purpos= of this Act is r.o propose ar
2 amendment to Section. 92-L1, Hawaii Revised S~catutes relatir., .c
3 the applicability of the Sur.shir.e Law. The Suns:cinc- Law, _
4 is currently applied, detracts from the effe~~iveness of cue
5 coun*_y ecurcils in carrying out their legisi=-rive
6 responsibilities. ^he law should be amended to exempt a1~
7 elected legislative boards, including the co.:nty councils.
8 Open-meeting laws are needed to require appointed bo_ras
9 allow public input. Elected boards aze directly account a:ie .e
10 voters, and are ve_y sensitive to public opinion; elected ~-Darns
11 are very motivated to provide reasonable opportunities for
12 pllb 11C par~lClpdtiOn.
13 Open-meeting laws preclude many informal interactio^_
14 between elected representatives and the publi,~, '='hese
15 interactions are essential for eJ.ected representatives ..a-re a
16 balanced perspective of tze needs and opinions o= tine en~_-
17 community. Paopie need to ~e able to speak w_th legislat;,~s
t8 a variety cf settings. In many cases legislarive board .r.eT~e:°=
O5?S'.[il d'.
Paget ~O.
1 cannot attend the same gatherings or even :.is_ea to the sar-°
2 discussions, without having to ccnform to the three major
3 Sunshine Law requirements. These requirement> are runt n~.tic.e
a is pcsted and marled, that testimony is acce~~_e6, and that
S written minutes setting forth each participan.~s perspectiaes
6 are prepared.
7 Cpen-meeting laws prevent legislators from
8 participating in informational and educatior.ai work.hops
9 forums, thereb; limiting lecislators' acces8 ;n -raluable
~o informatior. and_ources c'_ knowledge That co:~d be used tc :Hake
11 better infcrmed decisio:,s. The general publ.i,: is also
1Z disadvantaged by not bea.ng able to 1®arr, aoo_t. issues and
13 provide comments.
14 The county councils have general legislative
15 responsibilities _°cr their county governments. Scch boar u_ ~e~_e
16 responsibilities that a~compass a broad range of topics, ~reatlj
17 increasing the number o* interactions that are prch,_bited. bl_ the
19 Sunshine Law_ Under the Sunshine Law, a=most anythi:g ca.
19 said to involve a topic t:7c,t is within a legislative body's
z0 scope, eo nearly all private interactio~is cot=d be consi~er~d
Z1 violations. The Legislatira was right to axe~pt itself, ~.:gym:in;
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Page3
1 that it would ha`~e to estab]ish realistic intarnal procedtLe° t~
2 ensure that the public world be kept infoame
3 SECTION 2. Secticr. 92-10, Yiawaii Remised Statures,
4 amended to read as followa:
5 92-iG Legislatl~we branch; applicability.
6 Notwithstanding any prosisions contained in t;.is chapter tc the
7 contrary, open meeting requirements, and provisions regardie:
8 enforcement, penalties and sanctions, as they are tc relate r_o
9 the stGte legisla*_ure, each county council, r_r to any [e~~ee
l0 me_-~crol member of these bodies shall be such as sha.1 be '_rom
li time to time prescribed L~~ the respective role=_ end psocec~:es
12 of the senate and the house of representatives, or each ccu.^*v
13 council respectively, which rules aad procedures sha=: tare
1a precedence over this par- Simi=arly, proci_icns relating r~
15 notice, agenda and minutas cf meetings, and =.~ch other
16 requirements as may be necessary, shall also e governed ~y the
17 respective rules aad procedures of the senate and the house
IS representatives, or eaci: county council respectivel•:."
19 S2CTIOAI 3. Statutory material to be dela`_ea is brac.ce~ed
20 aad in strikethrough. New statutory mate-ial is ?nderscore:.
21 SECTION 4. This Act shall take effect ~.pon anpr~.-_l
22
~5-181~1,c-;:
Page4
1 INTkODCCED BY:
2
OS--E1~_.~0;
APPROVING FOR INCLUSION IN THE 2006 HSP.C LIvISLATIVE FA~E:,GE
PROPOSAL REPEALING THE 3UN~SET DATES FOR 33EE STATE ~"AT_UISS
THAT PRO~iIDE HE COUNTIES WITH LIABILITY PF~TF.C^_IOJ' FCC'. =JS_:,
USE OF CERTAIN COUNTY R?CREATION?1L AREAS.
WHEREAS, many residers and visitors use riawaii's pab=_c
beaches and other public orcperty for recrea-~ion~l purpos_sr ar-1
WHER°AS, such use '^as certain inherent risks wh~.c'r, a:a~~
result in injury to users and exposure ro liability ..t ra•~.
government owning the public beaches or of er pcbl is prcn~--
and
WHEREAS, to provide the county, as weii as s*=:->
governments with some protection from lisbil.itp, the st-.r.;
legislature has enacted the following tY.ree T.easures wit?- r ~,i_
past decade:
(1) Act 190, Session Laws of Hawaii :_996, which rrcviie_
the state and county governments ,.ith protect__- f: r~
liability arising from dangerous r:,tural condit'_ons
the ocean adjacent to public beac'i parks if adegcat:
warning signs are erected notifyi.~g the public ^f t_a=
dangers;
(2) Act 17C, Session Laws of Hawaii lOG2, ~o:^.ich ~:cvidU_
immunity for county lifeguards, the e:nplo_:i:,.
counties, and the state for liability for dame.:==_
resaltinq rrcm acts or omission,- by ~h_e li_'eyca,is
when performing emergency lifeguard services, ex.a,.:
when the damages result from ,toss negligEr.~~e cc
wanton acts or omi.ssior,s; and
(3) Act 62, Session. i,aws of Hawaii 4~U3, which provi~iee
the state and county governments :;ith protec*_~~- `r;ri
liability arising frcm dangerous r.:xtura~ ~~nd_':~.._ :i.
improved public -ands ii adequat~_ wazning aid,-.-
erected notifying the public of the dangeis; an:
WHEREAS, the state -legislature, horiev~r, ha= est:c_.._:.~,d
sunset dates for. all three measures, June .a: 2~0~ -~r t'.~~ `i:_,.
twe and June 30, 2008 for the last; and
WHEREAS, the Hawaii county council '~r,~aa requested -na- s
proposal to repeal the 4unset dates b,e included in th. 2"'1S
legislative package of the Hawaii state 3ss-;ciation of ccinties
(HSAC); and
WHEREAS, the repeal of the sunset dates w_ll r..a.ce
liability protection provisions fcr the counties permaner_t, anti
the permanency of the provisions will be in the best rubl_c
znteresL' of the counties; and
WHEREAS, file unanimous approval of the county cour_ci~s
necessary for inclusion. of a proposal in the HSAC legisiat~-~e
package; now, therefore,
BE IT RESOLVED by the council of the city and cuutty of
Honolulu that this body approves for i_nclus_or_ in the 2CCG HSA'_
legislative package a preposal, attached as exhibit E, t~ _r_z~~al
the sunset daces of Three state statute:.: that pron.-ae
counties with liabi=ltd protection for public use e: un~~
recreational areas; and
i'c
BE IT FURTHER RESOiVED that the HSAC s;secuti.z>e Cor~tci ;taF,
if deemed necessary cr -esirable, is authc:_ize:; re-._.: -_E,
"purpose sectio^" to the proposal b?fore trar.s~c!:rta~ ~
senate and house leadership for introduction; and
HE IT FURTHER RESCiVEG that the E3AC 2xecuti•-e Comir~ttee
also is authorized to di~;ride the proviseons .gig the ~rcp;; ~ .c~
up to three parts and transmit separate proposals contai.:r-:y she
parts to the senate and :pose leadership for introdu~~icr,; an:d
BE IT FT_NPLLY RESOL`v'?D t.~at the Cieak a direC~-~'i ,
transmit a certified copy c_` this Reso_atior ro the aresice:~t ~
the Hawa_i state association of cour_ties.
3
EXEIBIT A
9
L;_
A BILL FOR AN ACT
RELATING TO LIA2iLIT:.
BE IT ENACTED BY THE I.EGISLATVI2E OF THE STATE OF HAWAII:
SECTION The purpose of this P_ct •_a :.o repeal the sar.set.
dates of three statutes that provide the state and asar.t~+
governments with liability protection for puoiic use of certa_i~
state or county recreations: arias.
The legislacur2 finds chat the s_a~ute t_ace trove:,
beneficial to the state and county governments as r~__
general public. The liabiiit protactio:.s hues reduces _!-:e:
exposure of the state anti crn~rty go rernmFn-s *_o =urs`a:~_t'
damages and, as a revolt, Gllo;~ed `_he =care and ;ar_~~
governments to keep =~cre~tionai area= w_th pot-_.t~ei~~+
dangerous conditions epee to the public. Fur:'nermore; t:'.e
warning signage required by the statutes i-as promoted
safety by informing users of the recreational are=:
potentially dangerous condi*_ioas.
SECTION 2. Sectior. 2 of Act 17G, Session Laws of ~awa~;.
2002, is amended to read as follows;
""SECTION 2. Act 190, Session Laws of Hawaii
amended by Act 101, Session Laws of Hawaii :999, is amended c;
amending section 7 to read as follows:
"SECTION 7. This Act shall take effec- or, July 139:--,•
~~'@TdY~e@ $~3a'~$f'k}5 Tke~ ,vrcv~~az-tri..ae 3~ vc=?.:,
SECTION 3. Sectio.^. 5 of Act i?0, See icr. La•f~s o' aawa:~
2002, is amended to xeaa as follows:
~~SECTION S. This Act shall take effec. upor. its app_.-~a~ 5-
p~es~de~ ~ha~-see~en~-e€ t~' a ~1ee s`aa~}-fc ~ - • ~a ~:E
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SECTION 4. Section c of Act 6c, See~ior. Lu~.,s of 'r.awwi..
2OC3, is amended ~o read as follows"
"SECTION 3. This =,ct shall toKe effe:~z cn July 1, ~70=~
aid--s~tQ=t~~~sed e.r ~a:a~f-~-E~B-~] .
SECTION 5. Statutory material to be r=pealed is brac:ter=c
and stricken.
SECTION 6. Tni> Act shall take effect '.:pon ins apps.-:a=.
ocs:proj:hsac:hsac 2005-2006:OSmiac:Ps ac:iabili ~}~'tkk
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DONALD IKEDA Phone: (808) 961- 8261
Coe~nciGnemhei- ~fi".°i!V4, FAX: (808)961-8913
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COLItN OJ {'IGWOI
f(oivai'i Cor~nl~: Building
15 ~upuni Street, Sui[e ?09 -
lliln. !lawai'i 9(720
October 26.2005
Stacy K. Higa, Chairman and
Hawaii County Council Members
Hawaii County Council _
25 Aupuni Street _
Hilo, HI 96720
KF.: 21106 Hawaii State Association of Counties (HSAC) Legislative Package
I) A Bill For An Act Relating To The Sunshine Law;
2) Resolution Approving for Inclusion in the 2006 HSAC Legislative Package a Proposal
Repealing the Sunset Dates for Three State Statutes That Provide the Counties with Liability
Protection for Public Use of Certain County Recreation Areas; and Bill For An Act Relating to
Liability.
Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of I lawai'i, this request is
submitted with my approval drat the above-referenced matter be waived from the Committee on Public Works and
Intergovernmental Relations to the full council for immediate action.
Upon review, timely approval of this matter is crucial. It is therefore advantageous that approval is granted and the
matter be placed onto the next Council agenda for review. However, in the event this request is denied, 1'or whatever
reason, I understand the matter shall be referred to the Committee on Public Works and Intergovernmental Relations
fur placement on its future agenda.
Sincerely.
.GQ _
Donald Ikeda, Chair
Committee on Public Works & Intergovernmental Relations
Appr /Date/Wa`ive to~C~ouncil: ~y Disapproved/Date/Refer to FC:
- -
SGicy K. Higa, Chair - Stacy K. Higa, Chair
Hawaii County Cuuncil Hawaii County Council
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