HomeMy WebLinkAboutCOM 0978.000 1998-2000
Hawaii State Association of Counties
Counties of Kauai, Maui and Hawaii, City & County of Honolulu
.1 _
November 15, 2000
To. ames Arakaki, Chairman
..and Members of the Hawaii County Council c
From: Al Smith, Vice President" • _
Hawaii State Assoc: .Counties (HSAC)
~sfs.
Subject: HSAC Executi ve Co eeting - October 27, 2000
The following highlights of the HSAC Executive Cormi of October 27, 2000 are
hereby submitted.
1~
The Secretary's Minutes of the Executive Committee Meeting 4f SDpt fi X000 were
approved (Attached for information). «u
The Treasurer's Report for the month of September 2000 was approved (Attached ~ot information).
Under Unfinished Business, action of the HSAC Policy Amendments Concerning, was
deferred pending final action by Maui and Kauai.
Also under Unfinished Business, all four counties formally adopted the 2001 t }
Program Policy Statement. a
Finally under Unfinished Business, the HSAC Executive Committee began its did' e'
2001 HSAC Legislative Program. Listed below are seven (7) recommended pro
inclusion in the 2001 Legislative Package. (Justification sheets are attached. Pf. `bills are
also attached when available. ACTION REQUESTED).
1. Beach liability and immunity. This proposal extends State tort liability to include immunity
of the State, counties and lifeguards against damages arising from the operation of public
beach parks. (Note: A similar measure was adopted by the Legislature in 2000, but vetoed
by the governor.)
2. Hazardous Recreational Activities. This proposal seeks to limit county liability with
respect to hazardous recreational activities when participation in these activities holds a
higher than normal risk for injury or death and when these activities take place on coun
owned or -controlled property.
Comm. No._'7 6
F7le No. S f,~
Ref. To: N/ L
Ref. Date- 18 2000
Hawaii State Association of Counties
Counties of Kauai, Maui and Hawaii, City & County of Honolulu
November 15, 2000
To: ames Arakaki, Chairman
and Members of the Hawaii County Council C-3
From: Al Smith, Vice President;
Hawaii State Associounties (HSAC)
Subject: HSAC Executive Co `
~ ting -October 27, 2000
The following highlights of the HSAC Executive ConA#6 ` "'irig of October 27, 2000 are
hereby submitted.
The Secretary's Minutes of the Executive Committee Meeting Of Septe ; X000 were
approved (Attached for information).
The Treasurer's Report for the month of September 2000 was approved (Attached for information).
Under Unfinished Business, action of the HSAC Policy Amendments Concerning was
deferred pending final action by Maui and Kauai.,
Also under Unfinished Business, all four counties formally adopted the 2001 H
Program Policy Statement.
Finally under Unfinished Business, the HSAC Executive Committee began its dis" the
2001 HSAC Legislative Program. Listed below are seven (7) recommended prop"' r
inclusion in the 2001 Legislative Package. (Justification sheets are attached. ed' bills are
also attached when available. ACTION REQUESTED).
1. Beach liability and immunity. This proposal extends State tort liability to include immunity
of the State, counties and lifeguards against damages arising from the operation of public
beach parks. (Note: A similar measure was adopted by the Legislature in 2000, but vetoed
by the governor.)
2. Hazardous Recreational Activities. This proposal seeks to limit county liability with
respect to hazardous recreational activities when participation in these activities holds a
higher than normal risk for injury or death and when these activities take place on coup
owned or -controlled property.
James Arakaki, Chairman
November 15, 2000
Page 2
3. Public Service Company Tax. This proposal transfers a portion of the revenues of the
public service company tax to the respective counties. In doing so, it allows the counties to
collect their rightful share of the public service company tax that has been historically
collected in lieu of real property taxes. (Note: The final version of this bill is still being
drafted.)
4. Public Notification. This proposal provides the counties with the flexibility of selecting a
publication for public notices that would best fit their respective needs.
5. Permit Cellular Towers in Agricultural Lands. This proposal will allow telecommunication
towers and antennae as a permitted use within State agricultural land use designations.
Current applications are not a permitted use and thus require special use permits.
6. Discretionary Immunity to Counties. Presently, the State enjoys immunity from liability for
actions or inaction of employees exercising discretionary liability. The Counties do not
enjoy this protection, and are thus subject to lawsuits arising out of accidents occurring on
older highways which would cost tens of millions to bring up to the standards demanded
today. This proposal will provide a limited form of discretionary immunity for failure to
appropriate funds for roadway improvements, and would remove the disincentive to assume
responsibility for needed private roadways, while retaining liability for willful and/or
malicious failures.
7. Traffic Fines to fund police salaries. This proposal provides for the use of a portion of
traffic fines to fund the salaries of police department personnel. The enforcement of traffic
laws is a costly process that includes the issuance of citations, making arrests, and the
administration and adjudication of violators.
The next meeting of the HSAC Executive Committee was tentatively scheduled for November 16,
2000 on the island of Oahu. This meeting is planned for 10:00 a.m. in the Council Committee
Room.
Attachments:
Hawaii State Association of Counties
Counties of Kauai, Maui and Hawaii, City & County of Honolulu
September 29, 2000
Council Committee Room °
City Hall
Honolulu, Hawaii i
1. CALL TO ORDER
The HSAC Executive Committee was called to order by President Rene
Mansho at 9:10 a.m. The following members comprised a quorum: kk
City and County of Honolulu: President Rene Mansho f
Staff Andrew Sekine
Staff Calvin Azama =
Staff Ann Thomack
Staff Charlotte Takasue
Staff Lloyd Yoshioka
Malcolm Tom, Deputy Managing
Director
County of Hawaii: Vice President Al Smith
Staff Gerald Monden
Richard Wurdeman, Corporation
Counsel
r
County of Maui: Secretary Dennis Nakamura
Staff Roy T. Hiraga
Myles Inokuma, Executive
Assistant
i
County of Kauai: Alternate Billy Swain
I Staff Cyndi Ayonon
Amy Esaki, First Deputy
r Others: Charles Feld, Office of the
Attorney General
Il. EXECUTIVE COMMITTEE MEETING MINUTES F
The minutes of the August 11, 2000, Executive Committee meeting were P{~
approved.
I
HSAC Executive Committee
Minutes of the September 29, 2000, meeting
Page 2
III. REPORTS OF THE TREASURER
The Treasurers' Reports for the months of July and August 2000 were
approved.
IV. REPORTS OF COMMITTEES
A. Executive Committee Reports
There were no Executive Committee reports.
B. County Reports
There were no County reports.
C. NACo Reports
Secretary Nakamura noted that the next meeting would be held in
Sun Valley, Idaho.
V. UNFINISHED BUSINESS
A. HSAC Mid-Year Conference on Oahu
President Mansho noted that the Mid-Year Conference is
tentatively scheduled for December 12-13, 2000, at the Ala Moana
Hotel and that the conference would focus on the economic
development of the State.
VI. NEW BUSINESS
A. HSAC Policy Amendment concerning conferences
Your Committee referred the following proposal to the respective
counties for consideration and appropriate action. To wit:
A. Mid-Year Conference, odd-numbered years, County of
Hawaii or County of Kauai
B. Mid-Year Conference, even-numbered years, County of
Maui or City and County of Honolulu
C. Year-End Conference, odd-numbered years, County of
Hawaii or County of Kauai
HSAC Executive Committee
Minutes of the September 29, 2000, meeting
Page 3
D. Year-End Conference, odd-numbered years, County of
Maui or City and County of Honolulu
VII. COMMUNICATIONS
The following communication was received and placed on file:
1. From HSAC Vice President Al Smith to HSAC
Executive Committee members, dated August 23,
2000, transmitting a document entitled "ORDER
GRANTING DIRECTOR OF TAXATION'S MOTION
TO DISMISS AMENDED COMPLAINT OR FOR
SUMMARY JUDGEMENT'.
VIII. ANNOUNCEMENTS
President Mansho announced that the next meeting would be held on
October 27, 2000 on Oahu.
IV. ADJOURNMENT
The meeting was adjourned at 9:37 a.m.
Very truly yours,
/J l~
DENNIS Y. NAKAMURA
Secretary
Hawaii State Association of Counties
ocs: hsac:000929min: rth
Hawaii State Association of Counties
Countiesof Kauai, Maui and Hawaii,City &County of Honolulu
October 9, 2000
The Executive Committee Members
Hawaii State Association of Counties
Dear Executive Committee Members:
Please find enclosed the report of the Association's revenues
collected and expenses paid for the fiscal period September 1
through September 30, 2000.
SiniLl
lTreasurer, Hawaii State Association
of Counties
Enc.
HAWAII STATE ASSOCIATION OF COUNTIES
REVENUES COLLECTED AND EXPENSES PAID
Fiscal Period: September 1 through September 30, 2000
FUND BALANCE AT BEGINNING DATE $60,633.80
This Period Year to Date Budget
001 Membership Fees $0.00 $28,000.00 $28,000.00
010 Conference Income $0,00 $0.00 $8,000.00
011 Conference Seed Money Reimbursement $0.00 $0.00 $0.00
030 Interest Income $134.52 $371.19 $1,300.00
Total $134.52 $28,371.19 $37,300.00
TOTAL RECEIPTS THIS PERIOD $134.52
Disbursements
Executive Committee
201 Travel 0.00 0.00 3,300.00
202 Auditing Services 0.00 0.00 4,750.00
203 Stationery 0.00 0.00 1,000.00
209 Miscellaneous 0.00 0.00 500.00
Special Committees
301 Travel 0.00 0.00 600.00
309 Miscellaneous 0.00 0.00 100.00
NACo
401 Travel 0.00 0.00 9,000.00
402 Promotional 0.00 0.00 0.00
403 Dues 0.00 0.00 20,637.00
409 Miscellaneous 0.00 0.00 0.00
WIR
501 Travel 0.00 0.00 2,000.00
502 Promotional 0.00 0.00 500.00
503 Dues 0.00 0.00 2,200.00
509 Miscellaneous 0.00 0.00 0.00
Conferences
605 FY 2000-2001 Annual 0.00 0.00 0.00
606 FY 2000-2001 Mid Year 0.00 0.00 0.00
609 Miscellaneous 0.00 0.00 0.00
610 WIR Conference 2001 0.00 5,000.00 14,795.48
Total $0_00 $ 5,000.00 $ 59,382.48
TOTAL EXPENSES THIS PERIOD $0.00
FUND BALANCE AT END OF PERIOD: $ 60,768.32
JUSTIFICATION
Title: Tort Liability
Introducer: County of Kauai
Description: Extends State tort liability to include immunity of the State,
counties, and lifeguards against damages arising from the
operation of public beach parks.
Purpose: Amends Chapter 663, Hawaii Revised Statutes (Tort Actions).
Amends State tort liability to provide immunity to the State, to
the counties, and to lifeguards, from damages arising out of
the operation of public beach parks, including adjacent land or
ocean, except for damages resulting from gross negligence of
the State, the county, or their lifeguards.
Justification: Beaches provide benefits for the State as a whole by providing
recreation for the people of Hawaii, attracting visitors, and
providing an arena for local and international sporting events.
There are several government-operated beach parks which are
frequented by visitors and residents, that do not have lifeguard
services. In the past, numerous drownings on Kauai have
occurred at these government-operated beach parks, e.g., Kee
and Polihale State Parks, where the combined drownings are
up to sixteen (16) for the period 1970 through October 26,
2000. Providing lifeguards at these beach parks will
substantially reduce the number of drownings. In order to
encourage the State and the County governments to provide
lifeguard services at beach parks there must be assurances that
the State, the County, and their lifeguards will not be held
liable for civil damages from users of public beach parks,
including adjacent land or ocean, unless damages result from
gross negligence or wanton acts or omissions of the State, the
County, or their lifeguards.
S.B. NO. Draft
Kauai 10/27/00
REPORT TITLE:
Tort Liability
DESCRIPTION:
Extends state tort liability to include immunity of the
State, counties, and lifeguards against damages arising
from the operation of designated beach parks.
THE SENATE S . B . NO. Draft
TWENTY-FIRST LEGISLATURE, 2001 Kauai 10/27/00
STATE OF HAWAII
A BILL FOR AN ACT
R13LATING TO STATE AND COUNTY TORT LIABILITY.
BE IT ENACTED BY THE LEGISLATUR33 OF THE STATE OF HAWAII:
1 SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by
2 adding a new section to be appropriately designated and to read as
3 follows:
4 N§663----State and County; Lifeguards; no public beach park
5 liability; exceptions. The State or any county operating a public
6 beach park, or providing lifeguard services at any public beach
7 park, and any lifeguard, or person designated to provide
8 lifeguard services, acting within the scope of employment or
9 agreement with, or assignment by the State or county, shall not
10 be liable to any person for any civil damage resulting from or
11 caused by the person's use or occupancy of any public beach park, or
12 portion of the public beach park, including any portion of any
13 adjacent land or ocean, except for such damage as may result from or
14 be caused by the gross negligence or wanton acts or omissions of the
15 State county, its lifeguard, or person designated to provide
16 lifeguard services."
17 SECTION 2. New statutory material is underscored.
18 SECTION 3. This Act shall take effect upon its approval.
NOV- 1-00 '.4,59 OFFICE OF COUNCIL SVGS; FAX NO. 8085275501 P.03/03
JUSTIFICATION SHEET
proposer: Hawaii State Association of Counties (HSAC)
2001 HSAC Legislative Package
Title: Relating to Limited Liability for Counties
Purpose- To limit county liability for hazardous recreation activities.
Means: Amendment to HRS Chapter 46, by adding a new section defining and limiting
county liability for hazardous recreation activities on county-owned or -controlled
property.
Justification: The counties' exposure to tort liability is governed by Section 46-1.5(22), HRS,
which expressly authorizes the counties to sue or be sued. There is a need to
amend HRS Chapter 46 to limit counties' liabilities with respect to hazardous
recreational activities when participation in these activities holds a higher than
normal risk for injury or death and when these activities may take place on
county-owned or -controlled property.
Due to the popularity of certain recreational activities such as in-line skating,
skateboarding, roller hockey, and bicycle motor cross, requests have been made to
the counties for the development of safe public recreational facilities dedicated to
these activities. Enacting a State law limiting the counties' tort liability would
facilitate the development of recreational facilities on public property to
accommodate certain activities,
B. NO.
A BILL FOR AN ACT
RELATING TO LIMITED LIABILITY FOR 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:
NSA6- - Countiee~ liability limited for ha$ardoue
recreational activitian (a) Neither as nffi1i n.i y nor a
public employee is liahl -o any person who participates in a
ha7ardO78 e r a Tonal Activity including any person who assists
the_partici an or to any sn a o s who knew or asonahly
should have known that h hazardois a-ional activi y.
created a suhs an ial risk of inju o themselves and w r
voluntarily in the place or risk. o having the ability to do so
failed to leave for any damage or injury tn property or persona
arising out of ha ha.a dOis rcr.a.ional activity.
For the purposes of this section "ha.ardojs ~ecrg-'atinnal
activity" means a r s a_ional activity which creates a
suhstantial (as distinguished from a minor, trivial or
insignificant.) risk of injury-
HON/OCS HAZREC.00
"Hazardous r-_r-a ional activity" includes:
III Animal riding including eauestrian com=etition.
archery. bicy lr raring or ji ing. mountain hi.yclina.
boating canoeing diving hang gliding hiking.
kayaking, motorized vehicle racing. off-road
motorcycling or four-wheel driving of any kind.
orienteeri_nga pistol and rifle shooting, rock climhina,
rocketeering rodeo spelunking slcy diving ,-app=
parachuting. p_ragliding. hody contact sports (i_e..
sports in which it is reasonahly foregeeahle that there
will be rough hodily contact with one or more
partici an nt_s) skateboarding inline skating roller
hockey. surfing, tram= of i ning. tree cl i mhi na r rope
swinging, waterskiing. white water rafting and
windsurfing. For the pu3-pogea of thi a paragraph,
"morn ain hi.yling" does not include riding a bicycle
on Paved pathways. roadways, or aidewalka:
_L2L_ Any form of diving into water from other than a diving
board or diving,nlatform, or at any_nlace or from a
structure where diving is prmhihited and reaaonahle
warning thereof has been given.
Tn a laim by a person again. a -minty alleging
p goer nal inju3:y or d a h t--hat- nrnurr d when h person was
participating in assisting, or ohserving a hazardous
recreational activity on .o n y-own-d or on roll d prnrty-~ the
county shall hP l;ahl only if -h injury or death o ,rr d a a
di -111t of the o n y's:
Jj-- Failure to warn when,
The county had actual knows dge of a physically
hazardous ondi ion, Ru i_i n. time o warn
against the condition and failed to do so• and
When the phyaica11y hazardous condition was not
known to the person and would not have been known
to a reasonahly prudent p-rrson participa_ina,
assisting, or observing h Ramp ha.a do1R
r r a ional activity:
12L- Gross nPaligane recklPRRness or wilful wanton or
deliherate conduct-
-Ccl Nothing in this R---ion shall limit h liahili y o an
independ n concessionaire, or any person or organization other
than the public entity, whether o no the person or organization
has a contractual relationship with the public entity to us h
p uhi linn prop r y, for i njuri es or damag s suffered in any case as
a result of the operation of a ha7ard078 r .r a Tonal a ivi y on
puhlin property by h on saionai wnerson, or organi.a ion."
SECTION 2. This Act does not affect rights and duties that
matured, penalties that were incurred, and proceedings that were
initiated, before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
2001 HSAC Legislative Packet
TITLE: Relating to the Public Service Company Tax
PURPOSE: To transfer a portion of the revenues of the public service company
tax to the respective counties.
MEANS: By amendment of Chapter 239, Hawaii Revised Statutes, reducing
the public service company tax to four per cent of the public
utilities' gross income payable to the State and allowing the
counties to receive the excess tax (currently 1.885%) upon the
exemption of the public utility from county real property taxes.
JUSTIFICATION: The public service company tax was originally collected in lieu of
the State's general excise tax and since 1981, the counties' real
property tax. This bill would allow the counties to collect their
rightful share of the public service company tax that has been
collected in lieu of real property taxes. The revenue to be shared
would still be collected as a percentage of gross income of the
public utility. This percentage method is still preferable to an
actual ad valorem tax as is usually required for real property taxes.
The State, counties and major utilities have agreed to support this
legislation through the 2001 State Legislature. Its passage will
correct the distribution of public service company tax to allocate a
portion of the revenues to the counties and to prevent the creation
of a double tax upon the public utilities and ultimately on the
consumer/taxpayers.
NOV- 1-00 WED 14;58 OFFICE OF COUNCIL SVCS, FAX NO, 80852755811 F,02/03
JUSTIFICATION SHEET
J!Mposgn Hawaii State Association of Counties (HSAC)
2001 HSAC Legislative Package
Tides Relating to Publication of Notice
Fu =e,; To allow the counties to publish publication notices on a daily basis
M=L Amend Section 1-28,5, HRS, by redefining "government agency" for purposes of
the public notice requirement by not including the counties except for public
notices relating to the state procurement code and purchase of health and human
services.
.T ,stifi .a inn: Act 2, Session Laws of Hawaii 1998, .and Act 160, Session Laws of Hawaii 1999,
were enacted by the Legislature to promote consistency and competition in the
publication of non-procurement public notices of the State and counties.
Among other provisions, the current law authorizes a county to publish such
public notices in a daily or weekly publication in that county, The law also
requires the State Comptroller to "determine a publicationfor all government
agencies to enable the public to go to one source of publication for published
public notice on each island," The Comptroller has used that authority to contract
a weekly publication and require the counties, as well as the State, to publish their
public notices through the weekly publication.
The requirement that non-procurement public notices be published and distributed
through the weekly publication has resulted in major practical problems for the
City and County of Honolulu. In addition, neighbor island counties have
expressed concerns that the designated weekly publication does not reach many
rural neighbor island residents.
Amending the laws to exempt counties from the public notice requirement would
provide counties with the flexibility to select a publication for public notices that
would best fit their respective needs.
B. NO.
A BILL FOR AN ACT
RELATING TO PUBLICATION OF NOTICE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 1-28.5, Hawaii Revised Statutes, is
amended to read as follows:
"51-28.5 Publication of notice. (a) Notwithstanding any
other statute, law, [charter provision, ordinance,] or rule to
the contrary, whenever a government agency is required to give
public notice or to publish notice, the notice shall be given
only as follows:
(1) For statewide publication:
(A) In a daily or weekly publication of statewide
circulation; or
(B) By publication in separate daily or weekly
publications whose combined circulation is
statewide; and
(2) For county-wide publication, by publication in a daily
or weekly publication in the affected county.
Additional supplemental notice may also be given through Hawaii
FYI, the State's interactive computer system.
(b) For purposes of this section, the comptroller pursuant
to chapter 103D shall determine a publication for all government
agencies to enable the public to go to one source of publication
for published public notice by a governmental agnnn on each
island.
(c) Whenever a public notice is published in a newspaper or
other publication described in subsection (a), proof of the
publication shall be the affidavit of the printer, publisher,
principal clerk, or business manager of the newspaper or other
publication or of the designated agent of the group that
published the notice.
(d) This section shall not apply to notices required by
chapters 103D and 103F.
(e) For purposes of this section, "government agency" means
each department, board, commission, or officer of the State [or
any of its political subdivisions.] and does no include any
the oun i.s nI cs his sect-ion shall apply to no tires Cau_i_red
by Chanters 103n and 103F."
SECTION 2. Statutory material to be repealed is bracketed.
New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties (HSAC)
1001 HSAC Legislative Package
TITLE: Relating to Permitted Uses Within the State Agricultural Districts
PURPOSE: To allow telecommunication towers and antennae as a permitted
use within State agricultural land use designations.
MEANS: Amending Section 205-4.5(a)(7), Hawaii Revised Statutes, by
adding "telecommunication towers and antennae" as a specifically
permitted use along with all other types of public utility uses
within the State's agricultural land use designation.
JUSTIFICATION: The Hawaii Supreme Court ruled that telecommunication towers
and antennae (i.e., cellular towers) were not included in the
specifically permitted uses within the State agricultural land use
districts as set forth in Section 205-45(a)(7) or (10) and as such
would require a special permit as set forth in Section 205-6,
Hawaii Revised Statutes.
The Federal Telecommunications Act of 1996 prohibits the
counties (the permitting authority) from unreasonably
discriminating among cellular providers and not place
unreasonable costs or delays on cellular towers that would have the
effect of prohibiting cellular towers.
This will allow the counties to meet the mandates of the Federal
Telecommunications Act of 1996 without discriminating among
providers.
(To be made one and twelve copies)
THE SENATE
LEGISLATURE, 20_ c
STATE OF HAWAI'I S . B . NO.
A BILL FOR AN ACT
RELATING TO PERMISSIBLE USES WITHIN THE AGRICULTURAL DISTRICTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The purpose of this Act is to promote the growth of the telecommunication industry, by
2 including telecommunication towers with other utility facilities, as permitted uses in agricultural areas.
3 SECTION 2. Section 205-4.5, Hawai'i Revised Statutes, is amended by amending subsection (a) to read
4 as follows:
5 "§205-4.5 Permissible uses within the agricultural districts. (a) Within the agricultural district all lands
6 with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class
7 A or B shall be restricted to the following permitted uses:
8 (1) Cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage, and
9 timber;
10 (2) Game and fish propagation;
11 (3) Raising of livestock, including but not limited to poultry, bees, fish, or other animal or aquatic life
12 that are propagated for economic or personal use;
13 (4) Farm dwellings, employee housing, farm buildings, or activity or uses related to farming and animal
14 husbandry;
15 Farm dwelling as used in this paragraph means a single-family dwelling located on and used in
16 connection with a farm, including clusters of single-family farm dwellings permitted within
17 agricultural parks developed by the State, or where agricultural activity provides income to the
Paget S.B. NO.
1 family occupying the dwelling;
2 (5) Public institutions and buildings which are necessary for agricultural practices;
3 (6) Public and private open area types of recreational uses including day camps, picnic grounds, parks,
4 and riding stables, but not including dragstrips, airports, drive-in theaters, golf courses, golf driving
5 ranges, country clubs, and overnight camps;
6 (7) Public, private, and quasi-public utility lines and roadways, telecommunication towers and antennae.
7 transformer stations, communications equipment buildings, solid waste transfer stations, majorwater
8 storage tanks, and appurtenant small buildings such as booster pumping stations, but not including
9 offices or yards for equipment, material, vehicle storage, repair or maintenance, or treatment plants,
10 or corporation yards, or other like structures;
11 (8) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic
12 interest;
13 (9) Roadside stands for the sale of agricultural products grown on the premises;
14 (10) Buildings and uses, including but not limited to mills, storage, and processing facilities, maintenance
15 facilities, and vehicle and equipment storage areas that are normally considered directly accessory
16 to the abovementioned uses and are permitted under section 205-2(d);
17 (11) Agricultural parks; or
18 (12) Wind energy facilities, including the appurtenances associated with the production and transmission
19 of wind generated energy; provided that such facilities and appurtenances are compatible with
20 agriculture uses and cause minimal adverse impact on agricultural land."
21 SECTION 3. Statutory material to be repealed is bracketed. New statutory material is underscored.
Page3 S.B. NO.
1 SECTION 4. This Act shall take effect upon its approval.
2
3 INTRODUCED BY:
JUSTIFICATION
AGENCY: County of Hawaii
TITLE: Relating to Liability
MEANS: By adding a new Section to Chapter 663, HRS.
JUSTIFICATION: Presently, the State, by virtue of §662-15(1), HRS, enjoys
immunity from liability for the actions or inaction of employees
exercising discretionary functions. The Counties do not enjoy this
protection, and are thus subject to lawsuits arising out of accidents
occurring on older highways which would cost tens of millions to
bring up to the standards demanded today. The Saddle Road on
Hawaii, and Kaukonalua Road on Oahu are good examples of such
highways.
Compounding this inequity, the changing demographics of certain
counties, have created demands for road maintenence, by new
residents who are served by roads which were formerly privately
maintained by plantations. The Counties are thereby either forced
to ignore these legitimate requests for service, or assume liability
for these often inadequate roads.
This bill would provide a limited form of discretionary immunity
for failure to appropriate funds for roadway improvements, now
enjoyed by the State and most other jurisdictions, and would
remove the disincentive to assume responsibility for needed
formerly private roadways, while retaining liability for wilful
and/or malicious failures.
OTHER AGENCIES
AFFECTED :Public Works departments : all counties.
:Corporation Counsels: all counties.
GENERAL FUNDS: Not applicable.
A BILL FOR AN ACT
RELATING TO LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended
2 by adding a new section to be appropriately designated and to
3 read as follows:
4 "5663- Liability for the design and maintenance of
5 roadways. Any governmental entity that designs, accepts, or
6 maintains a highway, roadway, trail, or other public way shall
7 have the duty to maintain it so that it is reasonably safe and
6 convenient for public travel and shall be liable in damages to
9 any person on that highway, roadway, trail, or other public way
10 in the same manner as any private person, with the following
11 exceptions:
12 (1) Liability among joint tort feasors shall be as defined
13 in section 663-10.9;
14 (2) Liability shall not extend toward any action that was
15 discretionary in nature, or the result of an action, or
16 absence of action by the legislative body of the
17 entity; and
18 (3) In those cases where the entity has assumed
19 responsibility for roads originally built or laid out
1 by private owners and which did not meet accepted
2 standards at the time of acceptance by the entity, the
3 entity shall be responsible only for the wilful or
4 malicious failure to guard or warn against dangerous
5 conditions, uses, or structures which the entity has
6 knowingly created or perpetuated."
7 SECTION 2. This Act shall apply only to causes of action
8 based upon acts or omissions occurring on or after its effective
9 date.
10 SECTION 3. New statutory material is underscored.
11 SECTION 4. This Act shall take effect upon its approval.
12
13 INTRODUCED BY:
1,Xtl~~'~"HR*~'f~" xMq', ~~.~a?rsA ~'ti~'4~?~a m'V!'4C¢'~:. ~'±;u~4F~RFlflf'„ -.?.r4,tl^Ib@skiP'~F ~p"~sN t anq.;, .vN` w .4s. r's€' S aCkv )_.i
JUSTIFICATION SHEET
DEPARTMENT: Honolulu Police Department
TITLE: Relating of Motor Vehicles.
PURPOSE: To assign fees collected from traffic
infraction fines to the counties in which the
infractions are committed.
MEANS: By amending sections 291D-9, 286-216, 291-37,
291C-111, 291C-171 and 706-643, Hawaii
Revised Statutes.
JUSTIFICATION: The enforcement of traffic laws is a costly
process that includes the issuance of
citations, making arrests, and the
administration and adjudication of violators.
Enforcement programs also results in
equipment and administrative costs.
The fees collected from traffic fines should
be paid to the county in which the infraction
was committed and used to fund the salaries
of police department personnel.
GENERAL FUNDS: Not applicable.
OTHER FUNDS: Not applicable.
OTHER AGENCIES Police Departments - All counties
AFFECTED* Prosecutors - All counties
District Court (Traffic Violations Bureau)
All counties
Department of Transportation
Attorney General
PRIOR HISTORY: HB 1197, 1997 Session, died in Finance
Committee. HB 1305, 1997 Legislative
session, died in Judiciary/Public Safety and
Military and Finance Committees. SB 124,
1997 Legislative Session, died in
Transportation & Intergovernmental Affairs
and Ways and Means Committees. All bills
introduced in the 1998 Legislative Session
died in committee.
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Page 1 of 2
SB 31G4 SD 2
RELATING TO MOTOR VEHICLES
By Senator(s) MIZUGUCHI (BR)
Subjects: City 8 County of Honolulu Administration
Keywords: COUNTY GOVERNMENT, CRIMES AND CRIMINAL PROCEEDINGS, JUDICIARY,
MOTOR VEHICLE DRIVERS, PENAL CODE, POLICE, REVENUE SHARING, SENTENCING,
TRAFFIC CODE, TRAFFIC SAFETY
Report Title: Motor Vehicles, Counties
Description: Provides for the distribution of the monetary assessments for
motor vehicle violations to the counties for use by their police
departments. (SD2)
1-27-00 S Introduced and passed First Reading
1-27-00 S Referred to 1. TIA 2. WAM
2- 4-00 S Bill scheduled to be heard by TIA on 02-08-00 at
1:00 p.m. in conference room 212.
2- 8-00 S The committee on TIA recommends that the measure be
PASSED, WITH AMENDMENTS.
2- 8-00 S The votes in TIA were as follows: 5 Ayes: Senator(s)
Kawamoto, Bunda, Buen, Inouye, Slom; Ayes with
reservations: Senator(s) ; none Noes: Senator(s)
and 3 Excused: Senator(s) D. Ige, Iwase, Taniguchi
2-17-00 S Reported from TIA (Stand. Com. Rep. No. 2167) with
recommendation of passage on Second Reading, as
amended (SD 1) and referral to WAM
2-17-00 S Report adopted; Passed Second Reading, as amended
(SD 1) and referred to WAM.
2-26-00 S Bill scheduled for decision making by WAM on
02-28-00 at 6:00 p.m. in conference room 211.
2-28-00 S The committee on WAM recommends that the measure be
PASSED, WITH AMENDMENTS.
2-28-00 S The votes in WAM were as follows: 9 Ayes: Senator(s)
Fukunaga, Levin, Chun Oakland, D. Ige, M. Ige,
Kawamoto, Nakata, Tam, Taniguchi; Ayes with
reservations: Senator(s) ; none Noes: Senator(s)
and 4 Excused: Senator(s) Buen, Chun, Iwase,
Anderson
3- 3-00 S Reported from WAM (Stand. Com. Rep. No. 2564) with
recommendation of passage on Third Reading, as
amended (SD 2)
3- 3-00 S 48 hours notice 03-07-00
3- 7-00 S Report adopted; Passed Third Reading, as amended (SD
2). Ayes, 25. Noes, none. Excused, none.
3- 7-00 S Transmitted to House
3- 7-00 H Received from Senate (Sen. Com. No. 347)
http://www.capitol.hawaii.gov/sessioneun-enttstatus/sb3lO4_his_ htm 10/26/2000
Page 2 of 2
3- 9-00 H Introduced and passed First Reading
3-10-00 H Referred to the committees on 1. TRN 2. FIN ,
referral sheet 30
3-13-00 H Re-referred to the committee on FIN, referral sheet
32
http://www.capitol.hawaii.gov/sessioncurrent/status/sb3l O4_his_.htm 10/26/2000
A BILL FOR AN ACT
RELATING TO MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII.
SECTION 1. Section 291D-9, Hawaii Revised Statutes, is
amended to read as follows:
0S291D-9 Monetary Assessments. (a) A person found to have
committed a traffic infraction shall be assessed a monetary
assessment not to exceed the maximum fine specified in the
statute defining the traffic infraction.
(b) Notwithstanding section 291C-161 or any other law to
the contrary, the district court of each circuit shall prescribe
a schedule of monetary assessments for all traffic infractions,
and any additional assessments to be imposed pursuant to
subsection (c). The particular assessment to be entered on the
notice of traffic infraction pursuant to section 291D-5 shall
correspond to the schedule prescribed by the district court.
Except after proceedings conducted pursuant to section 291D-8 or
a trial conducted pursuant to section 291D-13, monetary
assessments assessed pursuant to this chapter shall not vary from
the schedule prescribed by the district court having jurisdiction
over the traffic infraction.
(c) In addition to any monetary assessment imposed for a
traffic infraction, the court may impose additional assessments
for:
(1) Failure to pay a monetary assessment by the schedule
date of payment; or
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(2) The cost of service of a penal summons issued pursuant
to this chapter.
(d) The court may grant to a person claiming inability to
pay, an extension of the period in which the monetary assessments
shall be paid or may impose community service in lieu thereof.
If the assessment is not paid or the community service is not
performed on or before the date established and the court has not
extended the time, the court shall take the action as provided in
section 291D-10.
(e)- Monetary assessments received from adjudicated and
unad;udicated traffic crimes and infractions shall be distributed
to the counties in accordance with section 291C-171 and used to
fund the salaries of the police department personnel in each
county."
SECTION 2. Section 286-216, Hawaii Revised Statutes, is
amended to read as follows:
"5286-216 [Fines,] Disaosition of fees and [charges] fines.
All [moneys] fPPR collected under this part shall be paid
(into the state highway fund and shall be expended for the
purpose of this part] to the county in which the traffic
infraction occurred."
SECTION 3. Section 291-37, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
"(a) Any person guilty of omitting any of the required
acts, or committing any of the prohibited acts of this chapter,
or the rules adopted shall be guilty of a violation of this
chapter and shall be fined not less than $25 nor more than
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$1,800; provided that any person guilty of omitting any of the
required acts, or committing any of the prohibited acts of
sections 291-34, 291-35, or 291-36 shall be fined not more than
$600 and not less than the fine (which is] set forth in the
following tables:
The minimum fine for a
If the excess weight is: first violation shall be:
100 to 1,500 pounds $125
1,501 to 2,000 pounds 130
2,001 to 2,500 pounds 140
2,501 to 3,000 pounds 160
3,001 to 3,500 pounds 180
3,501 to 4,000 pounds 200
4,001 to 4,500 pounds 225
4,501 to 5,000 pounds 250
5,001 to 5,500 pounds 275
5,501 to 6,000 pounds 300
6,001 to 6,500 pounds 330
6,501 to 7,000 pounds 360
7,001 to 7,500 pounds 390
7,501 to 8,000 pounds 420
8,001 to 8,500 pounds 455
8,501 to 9,000 pounds 490
9,001 to 9,500 pounds 525
9,501 to 10,000 pounds 560
10,001 pounds and over 580
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If the excess dimension is: The minimum fine shall be:
Up to 5 feet $ 25
Over 5 feet and up to 10 feet 50
Over 10 feet and up to 15 feet 75
Over 15 feet 100
For the purpose of the imposition of a fine or penalty herein,
evidence of prior offenses shall be admissible.
For a second violation within one year of the first, the
fine for excess weight shall not be less than twice the fine
listed in the excess weight table above and not more than $1,200.
For a third or subsequent violation for excess weight previously
cited under this section within one year, the fine shall not be
less than triple the fine listed in the excess weight table above
and not more than $1,800.
For the purposes of this section "person" means the driver
of the vehicle unless the driver is an employee in the scope and
course of employment, in which case "person" means the employer
of the driver. In the case of the transportation of a sealed
container or transportation by flatrack, "person" means:
(1) The individual or company the cargo is consigned to; or
(2) The individual or company located in the State shipping
the cargo.
The consignee or the shipper shall not be cited if the power
units, driver axile group is overweight and the weight is more
than that allowed for a tandem axile with any applicable
tolerances.
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(All penalties] The proceeds of fines imposed and collected
for violations of sections 291-33 to 291-36 shall be (paid into
the state highway fund] distributed to the county in which the
traffic infraction occurred.
The department of transportation is authorized to institute
a system where the minimum fine, based on the tables in this
subsection, may be mailed in when the citation or penalty is not
to be contested. This system shall include an ability for the
owner of the vehicle or combination of vehicles to request the
operator to be held harmless and the citation transferred to that
owner of the vehicle or combination of vehicles."
SECTION 4. Section 291C-111, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
"(a) With respect to highways under their respective
jurisdictions, the director of transportation is authorized to
and the counties by ordinance may prohibit or restrict the
stopping, standing, or parking of vehicles where the stopping,
standing, or parking is dangerous to those using the highway or
where the stopping, standing, or parking of vehicles would
interfere unduly with free movement of traffic; provided that the
violation of any law or ordinance, regardless of whether
established under this or any other section, prohibiting or
restricting the stopping, standing, or parking of vehicles shall
constitute a traffic infraction. The counties shall not provide
any other penalty, civil or criminal, or any other charge, in the
form of rental or otherwise, in-place of or in addition to the
fine to be imposed by the district court for any violation of any
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ordinance prohibiting or restricting the stopping, standing, or
parking of vehicles.
This section shall not be construed as prohibiting the
authority of the director of transportation or the counties to
allow the stopping, standing, or parking of motor vehicles at a
"T-shaped" intersection on highways under their respective
jurisdiction; provided that such stopping, standing, or parking
or motor vehicle is not dangerous to those using the highway or
where the stopping, standing, or parking of motor vehicles would
not unduly interfere with the free movement of traffic.
The appropriate police department and county or prosecuting
attorney of the various counties shall enforce any law or
ordinance prohibiting or restricting the stopping, standing, or
parking of vehicle, including but not limited to the issuance of
parking tickets. Any person committing a violation of any law or
ordinance, regardless or whether established under this or any
other section, prohibiting or restricting the stopping, standing,
or parking of vehicles shall be subject to a fine to be enforced
and collected by the district courts of this State [and to be
deposited into the state general fund for state use]. Tb&
district courts shall transmit all adjudicated and unadjudicated
traffic crimes and infractions fine proceeds to the director of
finance for distribution to the counties."
SECTION S. Section 291C-171, Hawaii Revised Statutes, is
amended to read as follows:
r§291C-171 Disposition of fines and forfeitures. L&L
All fines and forfeitures collected upon conviction or upon
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forfeiture of bail or any person charged with a violation of any
section or provision of the state traffic laws or county traffic
ordinances and all assessments collected relating to the
commission of traffic crimes and infractions shall be paid to the
director of finance of the (State] county in which the traffic
infraction occurred.
(b) In addition to any monetary assessment imposed for a
traffic infraction, the court may impose penalties on all
outstanding traffic citations and judgments. The penalties shall
be established pursuant to rules approved by the supreme court;
provided that the amounts of the penalties shall be based upon a
graduated scale that increases in proportion to the length of the
delinquency. Any interest penalty imposed as provided in this
section may be waived by the court for good cause. All penalties
collected for such outstanding citations and judgments shall be
paid to the director of finance of the State.
JaZ The director of finance shall distribute all fine
proceeds from adjudicated and unadiudicated traffic crimes and
infractions that occurred in each county to each county in which
the traffic crime or infraction was issued.
JAI For purposes of this section:
"County hiahway" means a highway or street. including
the sidewalk portion, which is owned or controlled by a county.
"County traffic ordinance" means an ordinance
regulating:
(1) The operation. stopping. standing. or parking of a
vehicle on a county highway or other county
property:
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2) The eauigment. weight, or size of a vehicle
operating on a county highway:
(3) The travel of a pedestrian. skater. or
skateboarder on a county highway: or
(4) The conduct of a person in a county off-street
parking lot.
"State traffic law" means this chapter. chanter 286.
and chapter 291."
SECTION 6. Section 706-643, Hawaii Revised Statutes, is
amended by amending subsection (2) to read as follows:
"(2) All fines and other final payments received by a clerk
or other officer of a court shall be accounted for, with the
names of persons making payment, and the amount and date thereof,
being recorded. All such funds shall be deposited with the
director of finance (to the credit of the general fund of the
State. with respect to fines and bail forfeitures which are
proceeds of the wildlife revolving fund under section 183D-10.5,
the director of finance shall transmit the fines and forfeitures
to that fund) and then distributed to the county in which the
traffic infraction occurred."
SECTION 7. This Act does not affect rights and duties that
matured, penalties that were incurred, proceedings that were
begun, before its effective date.
SECTION 8. Statutory material to be repealed is bracketed.
New statutory material is underscored.
SECTION 9. This Act shall take effect upon•its approval.
INTRODUCED BY-
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JAMES Y. ARAKAKI ; . AARON S.Y. CHUNG
Chairman & Presiding ljcer BOBBY JEAN LEITHEAD-TODD
LENINGRAD ELARIONOFF
AL SMITH JULIE JACOBSON
Vice Chairman NANCY PISICCHIO
J. CURTIS TYLER, III
DOMINIC YAGONG
COUNTY COUNCIL
County ofHawai'i
Hawaii County Building O
25 Aupuni Street c~
Hilo, Hawaii 96720 i7
C: c=
November 15, 2000 `J 1
James Y. Arakaki, Chair - ca ~i
Hawai'i County Council
25 Aupuni Street
Hilo, Hawai'i 96720
RE: (Communication No. 978 HSAC Executive Committee Meeting
October 27, 2000
Pursuant to Section I (e) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawai'i, this written request is submitted with my approval that the above-referenced matter be
waived from the Committee on Finance to the full Council for immediate action. In reviewing
this matter, timely approval is crucial. 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
Finance for placement on its fixture agenda.
Sincerely,
Aaron S.Y. Chung, Chair
Committee on Finance
Approved/Date/W ' to C Disapproved/Date/Refer to FC:
Jam . Arakaki, Chair James Y. Arakaki, Chair
Haw ' i County Council Hawai'i County Council