HomeMy WebLinkAboutCOM 1190.000 2004-2006
Hawaii State Association of Counties
Counties of Kauai, Maui and Hawaii, City & County of Honolulu
November 1, 2006 RECEPAP '
dims___0.(A By~
MEMORANDUM Dob_~lI?144v_r_._~
County Counco
TO: Stacy K. Higa, Council Chair
and Council Members
Hawaii County Council
FROM: James Y. Arakaki, Alternate Vice ChaX'/
Hawaii State Association of Counties
SUBJECT: 2007 HSAC Legislative Package
Attached is the 2007 HSAC Legislative Package for Haw# `i County's consideration and approval.
The following are the three proposals:
1) A proposal to require a State agency to indemnify a county t e e) ps from the county any
assistance, services, rights, or permission to use county, Oropet 4= ~osal is the same
as what was included in S.B. No. 449 and H.B. No. 302 of the 2ttive session.
S.B. No. 449 is attached as Exhibit A.
2) A proposal to repeal the sunset dates on three State statutes providing certain liability
protection to the State and counties when (a) allowing the recreational use o€:Ae ocean next to
State and county beach parks, (b) providing lifeguard services, and (c) allo
recreational use of State and county improved lands. The proposal is the s
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embodied in H.B. No. 2541 of the 2006 legislative session. H.B. No. 25411,
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Exhibit B.
3) A proposal to transfer fines and forfeitures from uncontested traffic infraat
The proposal includes the same concept as S.B. No. 583 and H.B. No. 430.
attached as Exhibit C. (If the proposal is approved for inclusion in the 20 vK'
Legislative Package, the bill submitted for introduction will have revised dates.)
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Hawaii County's recommendation is due by November 17, 2006, which is the next scheduled HSAC
Executive Committee meeting. Due to the time constraints for Council approval, I would like to
request that this matter be waived to the next Council meeting scheduled for November 15, 2006.
Thank you for your consideration. If you have any questions, please feel free to contact me.
JYA/dwe O
Attachment Comm. No.
Ref. To: ~a1AMtt IN
Ref. Date 2 IMS
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Hawaii State Association of Counties
Counties of Kauai, Maui and HaNvaii, City & County of Honolulu
MEMORANDUM
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October 31, 2006 4
RECEWS
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TO: HSAC Executive Committee Members Cwe
W_ I ott Il I aSy,.,..
County Coum"
FROM: Mel Rapozo, HSAC President
RE: 2007 HSAC LEGISLATIVE PACKAGE
The HSAC Executive Committee at its October 13, 2006 meeting, referred the
following 3 proposals for your individual Councils consideration and approval as
part of the 2007 HSAC Legislative Package.
1) A proposal to,rede a State agency to indemnify a county if
receiving from t o:-eounty any assistance, services, rights, or
permission to use county pxoperf3; The proposal is the same as
what was included in S.B. No. 4id,1I:B. No. 302 of the 2006
legislative session. S.B. No. 449 sattacheaai~Exhibit A.
2) A proposal to repeal the sunset dates on three State statutes
providing certain liability protection to the State and counties
when (a) allowing the recreational use of the ocs"`, ieYt; to State
and county beach parks, (b) providing hfeguard-aex'viic'err`and (c)
allowing the recreational use of State and county igsproved`aands.
The proposal is the same as what was embodied in H.B. No. 2541
of the 2006 legislative session. H.B. No. 2641 is attachedl as
Exhibit B.
3) A proposal to transfer fines and forfeitures from uncontested
traffic infractions to the counties. The proposal includes the same
concept as S.B. No. 583 and H.B. No. 430. S.B. No. 583 is attached
as Exhibit C. (If the proposal is approved for inclusion in the 2007
HSAC Legislative Package, the bill submitted for introduction will
have revised appropriate dates.)
As the proposals require the unanimous approval of the Councils to be
included in the package, I would appreciate your Council's recommendation by the
next HSAC Executive Committee Meeting which is scheduled for November 17,
2006.
Thank you for your attention to this matter.
Att.
~f ! " CA/ds2006-546
EXHIBIT A
SB449 SDI Page 1 of2
Report Title:
Counties; State Indemnification
Description:
Requires state agency that receives county assistance, services,
permission to use county property, to indemnify the county. (SD1)
THE SENATE R 449
TWENTY-THIRD LEGISLATURE, 2005 V ¦ B ¦ N O ¦ S. D. 1
STATE OF HAWAII
A BILL FORAN ACT
relating to counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding
a new section to be appropriately designated and to read as follows:
"§4 6_ Indemnification of counties. (a) A state agency may enter
into an indemnity agreement with a county. An indemnity agreement
between a state agency and a county may provide that the State:
Defend the county, its officers and employees,
from claims made by public users; or
Indemnify the county, its officers and employees,
for losses incurred as a direct result of the public
use.
(b) To receive county assistance, services, rights, or permission to
use county property, or to provide services or otherwise act as a
vendor to county agencies, a state agency shall agree in writing to
an indemnity provision to:
(1) Defend the county, its officers, and employees,
http://www.capitol.hawaii.gov/sessioneurrentBills/SB449_SD1_.htm 10/16/2006
SB449 SD 1 Page 2 of 2
from claims made by public users; and
Indemnify the county, its officers, and
employees, for losses incurred as a direct result of
the public use.
(c) Except as otherwise provided by law, an indemnity provision not
in strict compliance with this section shall not give rise to a claim
against the State under chapter 661 or otherwise waive the State's
sovereign immunity."
SECTION 2. This Act does not affect rights and duties that matured,
penalties that were incurred, and proceedings that were begun, before
its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
http://www.capitol.hawaii.gov/sessioncurrentBills/SB449_SD 1_.htm 10/16/2006
EXHIBIT B
HB2541 Page 1 of 2
Report Title:
Association of Counties; Public Land Liability
Description:
Repeals the sunset dates of, thereby making permanent, laws that
provide the state and county governments with liability protection
for public use of certain state or county recreational areas.
HOUSE OF REPRESENTATIVES 2541
TWENTY-THIRD LEGISLATURE, 2006 H ¦ B ¦ N O ¦
STATE OF HAWAII
A BILL FOR AN ACT
relating to liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the statutes providing state
and county immunity on certain public lands have proven to be
beneficial to the State and county governments as well as the general
public. The liability protections have reduced the exposure of the
state and county governments to substantial damages and, as a result,
allowed the state and county governments to keep recreational areas
with potentially dangerous conditions open to the public.
Furthermore, the warning signage required by the statutes has
promoted public safety by informing users of the recreational areas
of potentially dangerous conditions.
The purpose of this Act is to repeal the sunset dates of.three
statutes that provide the state and county governments with liability
protection for public use of certain state or county recreational
areas.
SECTION 2. Act 170, Session Laws of Hawaii 2002, is amended by
amending section 2 to read as follows:
http://www.capitol.hawaii.gov/sessioneurrentBillsfHB2541_.htm 10/16/2006
HB2541 Page 2 of 2
"SECTION 2. Act 190, Session Laws of Hawaii 1996, as amended by Act
101, Session Laws of Hawaii 1999, is amended by amending section 7 to
read as follows:
"SECTION 7. This Act shall take effect on July 1, 1996[;po;gw
44&4 414-4g G4 @i4all i.,^-,. -n,^^ ;n nnn;]
SECTION 3. Act 170, Session Laws of Hawaii 2002, is amended by
amending section 5 to read as follows:
"SECTION 5. This Act shall take effect upon its approval[;-4
SECTION 4. Act 82, Session Laws of Hawaii 2003, is amended by
amending section 8 to read as follows:
"SECTION 8. This Act shall take effect on July 1, 2003[, ai;d lkal! ~s
SECTION 5. Statutory material to be repealed is bracketed and
stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY:
http://www.capitol.hawaii.gov/sessioncurrentBillsM2541_.htm 10/16/2006
EXHIBIT C
SB583 Page 1 of 3
Report Title:
Traffic Offenses; Fines
Description:
Requires payment to the counties of 50% of all the fines and
forfeitures collected for uncontested traffic infractions committed
in that county from 7/1/05, to 6/30/06, and 100% after 7/1/06.
THE SENATE 583
TWENTY-THIRD LEGISLATURE, 2005 S ¦ B . NON
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO UNADJUDICATED TRAFFIC FINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new
chapter to be appropriately designated and to read as follows:
"CHAPTER
TRANSMITTAL OF UNADJUDICATED TRAFFIC FINES TO COUNTIES
§291C-A Definitions. For purposes of this part, unless the context
clearly requires otherwise:
"Traffic infractions" means the same as defined under section 291D-2.
"Uncontested traffic infraction" means a traffic infraction for which
the person noticed under section 291D-5 does not contest the
infraction. A person "does not contest" an infraction if, in
accordance with section 291D-6(b)(1), the person admits the
commission of the infraction without requesting a hearing to explain
mitigating circumstances and pays or remits bail forfeiture by mail
within thirty days.
http://www.capitol.hawaii.gov/sessioncurrent/Bills/SB583 htm 10/16/2006
SB583 Page 2 of 3
§291C-B Transmittal of fines and forfeitures fromJuly 1, 2005
through June 30, 2006. (a) From July 1, 2005 through June 30, 2006,
the state director of finance shall transmit to each county, not more
than thirty days after the end of each fiscal quarter, fifty per cent
of all the fines and forfeitures collected for uncontested traffic
infractions committed in that county that are in excess of amounts
required by the State to pay the administrative costs of the traffic
violations bureau.
(b) Subsection (a) shall not apply to:
(1) Fines and forfeitures for violations that occur
on state off-street parking facilities, parks,
airports, and harbors that are subject to enforcement
by the State; and
(2) Fines and forfeitures that are required by law to
be paid into a special, revolving, or trust fund.
No county shall be entitled to any portion of the fines and
forfeitures described in this subsection.
§291C-C Transmittal of fines and forfeitures from July 1, 2006. (a)
From July 1, 2006, the state director of finance shall transmit to
each county, not more than thirty days after the end of each fiscal
quarter, all the fines and forfeitures collected for uncontested
traffic infractions committed in that county that are in excess of
amounts required by the State to pay the administrative costs of the
traffic violations bureau.
(b) Subsection (a) shall not apply to:
(1) Fines and forfeitures for violations that occur
on state off-street parking facilities, parks,
airports, and harbors that are subject to enforcement
by the State; and
(2) Fines and forfeitures that are required by law to
be paid into a special, revolving, or trust fund.
No county shall be entitled to any portion of the fines and
forfeitures described in this subsection."
SECTION 2. Section 291C-171, Hawaii Revised Statutes, is amended by
amending subsection (a) to read as follows:
"(a) All fines and forfeitures collected upon conviction or upon the
forfeiture of bail of any person charged with a violation of any
section or provision of the state traffic laws and all assessments
http://www.capitol.hawaii.gov/sessioncurrentBills/SB583 htm 10/16/2006
SB583 Page 3 of 3
collected relating to the commission of traffic infractions shall be
paid to the director of finance of the State.
The judiciary shall identify those uncontested traffic infractions as
defined in section 291C-A. The disposition of fines and forfeitures
paid to the state director of finance shall be subject to sections
291C-B and 291C-C."
SECTION 3. In codifying the new sections added by section 1 of this
Act, the revisor of statutes shall substitute appropriate section
numbers for the letters used in designating the new sections in this
Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2005.
INTRODUCED BY:
htinJ/www canitnl hawaii anv/ses.cinncurrent/Rill.c/SRSR3 htm i olmnw