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HomeMy WebLinkAboutCOM 0483.009 2010-2012K. Angel Pilago Vice Chair District 8 — North Kona Phone No.: (808) 323-4280 Fax No.: (808) 329-4786 E -Mail: apilago@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i West Hawai'i Civic Center Building A - Council 74-5044 Ane Keohokalole Highway Kailua-Kona, Hawai `i 96740 MEMORANDUM DATE: October 16, 2012 TO: Dominic Yagong, Council Chair, and Council Members FROM: K. Angel Pilago, Vice Chair District 8 /_ SUBJECT: HSAC Executive Committee Meeting Reports Attached for the Council's review and discussion are Hawaii State Association of Counties Executive Committee Meeting AGENDAS & ATTACHMENTS for the following dates: • July 27, 2012 • August 31, 2012 • September 11, 2012 • October 12, 2012 I request that this matter be scheduled for 15 minutes on the next Governmental Relations Committee meeting. If there are any questions please call me or my staff at (808)323-4280. Thank you, KAP/jks Hawai `i County Is An Equal Opportunity Provider And Employer Comm. No. 4 8-3. / Ref. To: ,,__� c- Ref. Date OCT 1 7 Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii & City & County of Honolulu AGENDA HSAC EXECUTIVE COMMITTEE MEETING Friday, July 27, 2012 at 10:00 a.m. Honolulu Hale, Committee Meeting Room Honolulu, Hawaii I. CALL TO ORDER II. APPROVAL OF AGENDA III. MINUTES A. Minutes of the June 22, 2012 HSAC Executive Committee Meeting, submitted by the HSAC Secretary. IV. REPORTS A. Treasurer's Report i. Treasurer's Report for the month of June 2012, submitted by the HSAC Treasurer. B. County Reports i. County of Maui Report ii. County of Hawai'i Report iii. City and County of Honolulu Report iv. County of Kaua'i Report C. National Association of Counties (NACo) Report D. Western Interstate Region (WIR) Report V. UNFINISHED BUSINESS VI. NEW BUSINESS A. Communication (dated June 19, 2012) from Vice Chair K. Angel Pilago, Hawai'i County Council, transmitting for the Executive Committee's information the Hawai i County Council's approval of the proposed HSAC slate of officers for Fiscal Year 2012-2013. B. Communication (dated June 15, 2012) from County Clerk Jeffrey T. Kuwada, County of Maui, transmitting for the Executive Committee's information Resolution No. 12-62 approving the proposed HSAC slate of officers for Fiscal Year 2012-2013. 4396 Rice Street, Suite 209, Lihu`e, Kauai, Hawaii 96766, (808) 241-4188 HSAC Executive Committee Meeting Agenda July 27, 2012 Page 12 C. Communication (dated July 18, 2012) from HSAC President Mel Rapozo, transmitting for the Executive Committee's approval of a proposed amendment to the Fiscal Year (FY) 2013 HSAC Operating Budget. D. Discussion regarding the NACo Prescription Discount Card Program. E. Presentation by Dr. Clifton Otto, MD, regarding the accepted medical use of cannabis. VII. ANNOUNCEMENTS A. Schedule next meeting B. Other announcements VIII. ADJOURNMENT Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii, City & County of Honolulu MINUTES HSAC EXECUTIVE COMMITTEE MEETING June 22, 2012 Hapuna Beach Prince Hotel Kamuela, Hawaii CALL TO ORDER The HSAC Executive Committee was called to order by President Rapozo at 9:53 a.m. The following members comprised a quorum: County of Kauai: County of Hawaii: City and County of Honolulu: County of Maui: President Mel Rapozo Vice President K Angel Pilago Secretary Stanley Chang Treasurer Joseph Pontanilla Others Present: Honolulu Council Chair Ernest Martin Kauai Council Chair Jay Furfaro Kauai Councilmember Dickie Chang Kauai Councilmember KipuKai Kualii Maui Councilmember Riki Hokama Maui Councilmember Michael P. Victorino Lenny Eliason, President, NACo Kauai County Clerk Ricky Watanabe Kauai staff Ashley Bunda Kauai staff Aida Okasaki Honolulu staff Denisse Gee Maui staff Kirsten Hamman Maui staff Troy Hashimoto Maui staff Ross Izumigawa Maui staff Scott Kaneshina OC S/07 1 3 1 2/0 1: 52/CT Dain Kane, member of the public Paul McIntosh, California State Association of Counties (CSAC) Amelia McLear, Walmart Larry Naake, NACo David Sayre, Sayres Public Relations APPROVAL OF AGENDA The Committee approved the agenda. III, MINUTES The Committee approved the May 25, 2012 Committee minutes, as submitted by the HSAC Secretary. IV. REPORTS A. Treasurer's Report The Committee approved the May 2012 Treasurer's Report, as submitted by the HSAC Treasurer. B. County Reports 1. Maui County Report. Treasurer Pontanilla reported that the Maui Island Plan is projected to be completed by December 31, 2012. 2. Hawaii County Report. Vice President Pilago reported that the Council approved the FY 2013 HSAC officer slate at their June meeting. City and County of Honolulu Report. Secretary Chang reported that the Council approved the FY 2013 HSAC officer slate and operating budget. He highlighted that the approved budget allocated $100M in road improvements and $17M for the rainy day fund. He informed the Committee about two pieces of legislation that has generated a significant amount of public testimony: a) Bill 11 which bans all commercial activity at Kailua and Kalama beach parks; and 2) Resolution 12-143 which approves the sale of a parcel of land within the Haleiwa Regional Park 4, Kauai County Report. President Rapozo reported that the Council approved the FY 2013 budget with a 5-2 vote. He stated that the Council is considering legislation to ban smoking at all beaches and parks Council Chair Furfaro stated that Kauai will be the first N County to submit a first draft of their "Important Agriculture Land" report to the state in November. He also updated the Membership that Kauai is in the first phase of their general plan update. C. NACo Report. Treasurer Pontanilla reported that the annual conference is being held in Pittsburgh next month. He encouraged all the Counties to attend this year's annual conference to support Maui Councilmember Hokama in his candidacy for second Vice -President of NACo. President Rapozo informed the Committee that Kauai Councilmember Kualii is attending the annual conference as Kauai's designated NACo director and will be supporting Maui Councilmember Hokama's candidacy. Maui Councilmember Hokama reminded the Committee that HSAC represents not only each County Council, but also includes each County's executive branch, namely the Mayors. He stated that HSAC should be a unified effort with broad participation across each County. He emphasized the importance of the partnership between CSAC and HSAC. D. WIR Report. Vice President Pilago reported that at the WIR annual conference held in Santa Fe on May 16 through 18, it was discussed that the partnerships formed at WIR and NACo contribute immeasurably to the well-being of individual Counties. He further informed the Committee that the following issues were the key topics discussed: a) Public lands; b) Accessibility and utilization of forest resources; and c) Natural gas exploration and production. He expected that the same issues would continue to be at the forefront of next year's annual conference to be held in Kodiak, Alaska. He recognized CSAC's support of Maui Councilmember Hokama's candidacy of NACo second Vice -President. V. UNFINISHED BUSINESS A. Discussion regarding hiring an HSAC Executive Director (ED) President Rapozo reminded the Committee that the subcommittee formed to examine this issue made presentations in every county except Maui County, Treasurer Pontanilla informed the Committee that the Maui Council did not allocate monies in their FY 2013 budget to fund an ED position. Council Chair Furfaro informed the Committee that the Kauai Council approved the funding of a 50 percent FTE in their FY 2013 budget. Vice -President Pilago informed the Committee that the FY 2013 Hawaii County budget did not fund an ED position. Paul McIntosh, CSAC ED, stated that he serves as second Vice -President of the National Council of County Association Executives (NCCAE) which Is an affiliate of NACo. He offered the resources of NCCAE to HSAC as they continue to discuss and deliberate over the creation of an ED position. 3 President Rapozo proposed the creation of a special committee to work with CSAC in calendar year 2013 to study how county associations in other states fund and use their EDs. This item was received and deferred to the January Committee meeting. B. Communication from Chair Danny A. Mateo, Maui County Council, nominating Elle K. Cochran, Maui County Council, to the NACo Environment, Energy and Land Use Steering Committee. Treasurer Pontanilla reminded the Committee that he is proposing a bylaw amendment regarding the eligibility of Councilmembers to receive travel reimbursements from HSAC to attend NACo and WIR events. He stated that his proposed bylaw amendment would only reimburse Chairs of a NACo steering committee and specifies that all other steering committee members must be responsible for their own travel expenses. Vice -President Pilago stated that the Hawaii County Council supports Maui Councilmember Cochran's nomination to be a member of this NACo steering committee. This item was approved. C. Discussion and Approval of FY 2013 NACo Steering Committee appointees. Treasurer Pontanilla summarized the appointees list for the Committee. President Rapozo reminded the Committee of the language of Treasurer Pontanilla's proposed bylaw amendment. Maul Councilmember Victodno clamed that of the four nominees, his nomination to the NACo Environment, Energy and Land Use steering committee was the only reappointment. He informed the Committee that he is the Vice Chair of this NACo steering committee. This item was approved. VI. NEW BUSINESS A. Discussion and Approval of proposed amendments to the FY 2012 HSAC budget. Treasurer Pontanilla explained that the proposed amendments to the FY 2012 operating budget makes adjustments from the original projections 4 approved by the Committee to reflect actual revenue and expense increases received and incurred throughout the fiscal year. This item was approved. B. Communication from Maui County Clerk Jeffrey T. Kuwada regarding FY 2013 Maui County HSAC representative and alternate. This item was received and filed. C. Communication from Maui Council Chair Danny A. Mateo nominating Councilmember Michael Victorino to the NACo Environment, Energy and Land Use steering committee. This item was received and filed. D. Communication from Honolulu City Clerk Bernice K. N. Mau regarding the approval by the Honolulu City Council of the FY 2013 HSAC officer slate. This item was received and filed. E. Communication from Kauai Council Chair Jay Furfaro regarding Kauai Council approval of FY 2013 HSAC officer slate. This item was received and filed. F. Discussion regarding the 2015 WIR annual conference host location. Kauai Councilmember Chang informed the Committee that Kauai has explored two specific resort locations in regards to hosting the 2015 WIR annual conference. He expects that whichever resort is ultimately chosen as the best conference location, there will be a ripple effect on the occupancy rates of all surrounding hotels. He stated that as May is traditionally the low season for Kauai hotels, hosting the 2015 WIR conference would be a welcome boost to the Kauai hotel industry and other ancillary businesses. He reminded the Committee that 2015 is not an election year and as such, potential conferees would be more inclined to attend a conference held on Kauai. His only concern Is that Kauai staff can only provide support and requested that NACo or WIR provide a conference coordinator to be the lead. He clarified for Kauai Council Chair Furfaro that both proposed resort locations have received WIR conference requirements and specifications. Kauai County Clerk Watanabe reminded the Committee that according to the revised budget cycle schedule approved by the Council, the month of May will be an extremely busy month. He queried if there were other F eligible months to schedule the conference in light of the county's budget cycle. He supported Kauai Councilmember Chang's request for a NACo or WIR conference coordinator. Lenny Eliason, NACo President, stated that the date of the annual conference is set by the WIR Board of Directors. He clarified that May is customarily chosen as the month for the WIR annual conference because the NACo legislative conference is scheduled for early March and the NACo annual conference is scheduled in July. He further clarified that moving the WIR conference outside of May would result in lower attendance because of the previously mentioned March and July NACo conferences. He informed the Committee that NACo has dedicated meeting planning personnel on staff whose responsibility is to coordinate and run the WIR conference along with all the other conferences or meetings that NACo conducts. Treasurer Pontanilla offered Maui County staff to assist at the 2015 WIR annual conference and suggested the hiring of an event planner. Kauai Councilmember Chang reminded the Committee that Kauai hosted a meeting of the WIR Board of Directors last October and received positive feedback from the attendees regarding the meeting location. Secretary Chang queried whether there were other counties applying to host the 2015 WIR annual conference. Kauai Councilmember Chang did not know of other applicants. Secretary Chang reminded the Committee that 2015 will be the year that Maui Councilmember Hokama would be NACo President, if Maui Councilmember Hokama is successful in his current candidacy for second NACo Vice -President. This item was received and filed. G. Discussion and Approval to host an HSAC sponsored hospitality suite at future WIR conferences. Treasurer Pontanilla stated that hosting hospitability suites at upcoming WIR conferences would provide valuable opportunities for the Hawaii delegation to lobby other WIR delegates regarding Kauai hosting the 2015 WIR annual conference. This item was approved. 2 H. Discussion regarding the proposed timeline for the FY 2013 HSAC legislative package. President Rapozo emphasized that the success of the FY 2013 HSAC legislative package hinged upon each Council promptly meeting the proposed legislative timeline deadlines. He stated the importance of the participation of the Hawaii Council of Mayors to present a strong united front at the state Legislature. He further emphasized that the first deadline each Council must meet is August 31, 2012, to submit their legislative proposals to HSAC. This item was received and filed. VII. ANNOUNCEMENTS A. Schedule next meeting. The Executive Committee meeting is scheduled for July 27, 2012 at Honolulu Hale. B. Other Announcements. There were no other announcements. VIII ADJOURNMENT There being no further business, the meeting was adjourned at 10:39 a.m. Very truly yours, STANLEY CHANG Secretary Hawaii State Association of Counties a Hawaii State Association of Counties (HSAC) Counties of Kauai, Honolulu, Maui, & Hawai`i July 16, 2012 HSAC President and Members of the Executive Committee Dear Pfesidea: ' SUBJECTk TREASREP RT FOR JUNE 2012 Attached please find a rept f%1e Association's revenues and expenses for the period June 1, 2012, through June 30, 2012. 7 Sincere JOSEPH PONTANILLA , HSAC Treasurer s x hment a4i roAsac_2012.Itr t206-1tr:kmh 1 4396 Rice Street, Suite 209, Llhu`e, Kauai, Hawaii 96766, (808) 241-4188 Hawaii State Association of Counties REVENUES COLLECTED AND EXPENSES PAID Period: June 1, 2012 through June 30, 2012 BEGINNING BALANCE $108,169.34 EXPENSES Executive Committee Travel Current period FY 2012 FY 2012 Auditing Services June Year to Date Budget REVENUES $0.00 $0.00 $150.00 Membership Fees $0.00 $43,680.00 $43,680.00 Conference Income $0.00 $18,528.53 $18,529.00 Interest Income $1.77 $26.03 $32.00 Miscellaneous $0.00 $4,500.00 $0.00 Fund Balance, prior FY $0.00 $0.00 $80,742.00 Total $1.77 $66,734.56 $142,983.00 Total Receipts This Period $1,200.00 $2,180.79 $1.77 EXPENSES Executive Committee Travel $720.39 $8,717.94 $9,000.00 Auditing Services $0.00 $4,026.04 $4,500.00 Stationery $0.00 $0.00 $150.00 Miscellaneous $67.86 $6,743.56 $7,300.00 Special Committees $3,124.34 Travel $0.00 $0.00 $500.00 Miscellaneous $0.00 $0.00 $100.00 NACo Travel - Board $1,136.09 $8,403.32 $10,800.00 Travel - Steering Committees $1,200.00 $2,180.79 $4,800.00 Promotional $0.00 $36.00 $250.00 Dues $0.00 $25,573.00 $27,268.00 Miscellaneous $0.00 $889.72 $1,000.00 WIR Travel $0.00 $1,152.50 $7,200.00 Promotional $0.00 $0.00 $250.00 Dues $0.00 $3,557.00 $3,804.00 Miscellaneous $0.00 $0.00 $1,000.00 Adjustments for Travel and Related Expenses $0.00 $0.00 $15,061.00 National Conference Fund $0.00 $0.00 $50,000.00 Conferences $0.00 $0.00 $0.00 Total $3,124.34 $61,279.87 $142,983.00 Total Expenses This Period $3,124.34 ENDING BALANCE $105,046.77 ocs:proj: hsacFY2012:tr 1206trkmh K. ANGEL PILAGO Vice Chair Council District 8 — North Kona June 19, 2012 HAWAII COUNTY COUNCIL West Hawaii Civic Center, Bldg. A 74-5044 Ane Keohokalole Hwy. Kailua-Konz; Hawaii 96740 President Mel Rapozo Hawai'i State Association of Counties 4396 Rice Street, Suite 209 Lihu'e, HI 96766 President Rapozo, Phone: (808) 323-4280 Fax: (808) 329-4786 Email: apilagoQaco.hawaii.hi.us The Hawai'i County Council has approved the proposed slate of officers for the HSAC Executive Committee as stated in attached Communication 742-12, at the 48th Session of the Hawai'i County Council Meeting. A copy with the approved votes will be forwarded by the clerk shortly. Mahalo Nui Loa, K. Angel Pilago Serving the Interests of Me People of Our Island Hawal'l County Is an Equal Opportunity Provider And Employer Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii & City & County of Honolulu May 29, 2012 The Honorable Dominic Yagong � o Council Chair Hawaii County Council, Hawaii County Building 25 Aupuni Street, Suite 1502 no Hilo, HI 96720r - P � `„U Dear Chair Yagong: NO U j During the May 25, 2012 Hawaii State Association of Counties (HSAC) Executive Committee Meeting, the Executive Committee approved the following slate of officers for Fiscal Year 2012-2013. Pursuant to Section 5 of the Bylaws of the Hawaii State Association of Counties, Inc., each Council shall take the appropriate actions deemed necessary on the proposed slate of officers prior to the annual meeting. The HSAC Executive Committee humbly requests your approval of the proposed slate of officers by June 13, 2012. HSAC EXECUTIVE COMMTTEE Mel Rapozo (Kaua`i County Council), President Jay Furfaro (Alternate) K. Angel Pilago (Hawaii County Council), Vice President Brittany Smart (Alternate) Joseph Pontanilla (Maui County Council), Treasurer Q. Riki Hokama (Alternate) Stanley Chang (Honolulu City Council), Secretary Ikaika Anderson (Alternate) Your attention and favorable consideration to this matter is greatly appreciated. Should you have any questions, please feel free to call the County of Kauai, Office of the County Clerk at 241-4188. Sincerely, Mel Rapozo mkv(�� HSAC President Comm Nm - L AB/wa2012.955b Ref. Tat W ' cc: Council Vice -Chair K. Angel Pilago, HSAC Vice President Ref. Dote jUN a G ?gg 4396 Rice Street, Suite 209, Uhu`e, Kauai, Hawaii 96766, (808) 241-4188 DOMINIC YAGONG Chairperson K. ANGEL PILAGO Vice Chair HAWAII COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 June 5, 2012 Dominic Yagong, Chairperson Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 FRED BLAS BRENDA FORD PETE HOFFMANN DONALDIKEDA DENNIS "FRESH" ONISHI BRITTANY SMART J YOSHIMOTO RE: Communication No. 742 : APPROVAL OF THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) PROPOSED SLATE OF OFFICERS FOR FISCAL YEAR 2012-2013. Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written request is submitted with my approval that the above -referenced matter be waived from the Committee on Governmental Relations 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 be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Governmental Relations for placement on its future agenda. Sincerely, a4x-t-2- K. Angel PilagcC6air Committee on Governmental Relations A} oved/Date/Waiveto Council: Dominic Yagong, Chai0ersin 'J Hawaii County Council KAP/ke Disapproved/Date/Refer to GRC Dominic Yagong, Chairperson Hawaii County Council Serving the Interests of the People of Our Island JEFFREY T. KUWADA County Clerk yMiYq� OFFICE OF THE COUNTY CLERK COUNTY OF MAUI 200 SOUTH HIGH STREET WAILUKU, MAUI, HAWAII 96793 www.mauicounty.gov/county/clerk June 15, 2012 Honorable Mel Rapozo Hawaii State Association of Counties Executive Committee 3371-A Wilcox Road Lihue, Hawaii 96766 Dear Sir: LANCE TAGUCHI Deputy County Clerk RECEIVED '12 JUN 25 A10 :24 THL: 0U ` CITY ; Respectfully transmitted is a copy of Resolution No. 12-62, which was adopted by the Council of the County of Maui at its meeting held on June 15, 2012. Rectfully yours, JEFFREY T. KUWADA County Clerk rym Enclosure Resolution No. 12-62 APPROVING THE HAWAII STATE ASSOCIATION OF COUNTIES ("HSAC") OFFICERS, HSAC NOMINEES TO THE NATIONAL ASSOCIATION OF COUNTIES BOARD OF DIRECTORS, AND HSAC NOMINEES TO THE WESTERN INTERSTATE REGION BOARD OF DIRECTORS FOR FISCAL YEAR 2013 WHEREAS, Section 5 of the Hawaii State Association of Counties ("HSAC") Bylaws states that the HSAC Executive Committee shall consist of four HSAC officers, a President, Vice -President, Secretary, and Treasurer, none of whom shall be members of the same council; and WHEREAS, the HSAC Executive Committee has proposed the following slate of HSAC officers for Fiscal Year 2013: Councilmember Mel Rapozo (County of Kauai) as President, with Councilmember Jay Furfaro as his Alternate; Councilmember K. Angel Pilago (County of Hawaii) as Vice -President, with Councilmember Brittany Smart as his Alternate; Councilmember Stanley Chang (City and County of Honolulu) as Secretary, with Councilmember Ikaika Anderson as his Alternate; and Councilmember Joseph Pontanilla (County of Maui) as Treasurer, with Councilmember G. Riki Hokama as his Alternate; and WHEREAS, Section 5A of the HSAC Bylaws states that there shall be two Directors serving on the Board of Directors for the National Association of Counties ("NACo") who are elected officials from different NACo member counties within the State of Hawaii, and are nominated to the positions by the HSAC Executive Committee and the individual councils; and WHEREAS, the HSAC Executive Committee has proposed that Councilmember KipuKai Kuali'i (County of Kauai) and Councilmember Joseph Pontanilla (County of Maui) serve as NACo Directors; and WHEREAS, Section 5C of the HSAC Bylaws states that there may be two Directors serving on the Board of Directors for the Western Interstate Region ("WIR') who are elected officials from a NACo member county within the State of Hawaii, and are nominated by the HSAC Executive Committee and approved by the individual councils; and WHEREAS, the HSAC Executive Committee has proposed that Councilmember Tim Bynum (County of Kauai) and Councilmember K. Angel Pilago (County of Hawaii) serve as WIR Directors; and WHEREAS, the HSAC Bylaws require each council to act on the proposed slate of HSAC officers, as well as the proposed nominations of NACo and WIR Directors; now, therefore, Resolution No. 12-62 BE IT RESOLVED by the Council of the County of Maui: 1. That it does hereby approve of the following slate of HSAC officers for Fiscal Year 2013: Councilmember Mel Rapozo President (County of Kauai) Councilmember Jay Furfaro Alternate (County of Kauai) Councilmember K. Angel Pilago Vice -President (County of Hawaii) Councilmember Brittany Smart Alternate (County of Hawaii) Councilmember Stanley Chang Secretary (City and County of Honolulu) Councilmember Ikaika Anderson Alternate (City and County of Honolulu) Councilmember Joseph Pontanilla Treasurer (County of Maui) Councilmember G. Riki Hokama Alternate (County of Maui); 2. That it does hereby approve the nominations of Councilmember KipuKai Kuali'i (County of Kauai) and Councilmember Joseph Pontanilla (County of Maui) as NACo Directors for Fiscal Year 2013; 3. That it does hereby approve the nominations of Councilmember Tim Bynum (County of Kauai) and Councilmember K. Angel Pilago (County of Hawaii) as WIR Directors for Fiscal Year 2013; and 4. That a certified copy of this resolution be transmitted to the HSAC Executive Committee. APPROVED AS TO FORM AND LEGALITY Department of the Corporation Counsel County of Maui paUmn:12-130a COUNCIL OF THE COUNTY OF MAUI WAILUKU, HAWAII 96793 CERTIFICATION OF ADOPTION It is HEREBY CERTIFIED that RESOLUTION NO. 12-62 was adopted by the Council of the County of Maui, State of Hawaii, on the 15th day of June, 2012, by the following vote: VA CFOUNTY CLERK Dennis A. Joseph Gladys C. Robert Eleanore Donald G. G. Riki Michael P. Michael S. MEMBERS MATEO PONTANILLA SAISA CARROLL COCHRAN COUCH, JR. HOKAMA VICTORINO WHITE Chair Vic"halr ROLL CALL Excused Aye Aye Aye Aye Aye Aye Excused Aye VA CFOUNTY CLERK Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii & City & County of Honolulu July 18, 2012 HSAC Executive Committee Members Dear Executive Committee Members: SUBJECT: PROPOSED AMENDMENTS TO THE FISCAL YEAR (FY) 2013 ANNUAL OPERATING BUDGET During the June 22, 2012 Hawaii State Association of Counties (HSAC) General Membership meeting, the Executive Committee agreed to host a hospitality suite at the 2012 National Association of Counties (NACo) Annual Conference and Exposition to help promote having the 2015 Western Interstate Region (WIR) Conference on Kauai, Hawaii. After reviewing the FY 2013 HSAC Operating Budget and discussing the expenses for hosting a hospitality suite with colleagues, the amount allocated for WIR Promotions is not sufficient enough to accommodate this request. I also spoke with Councilmember G. Riki Hokama, Maui County Council, regarding this matter. He graciously agreed to contribute some of the contributions received for his NACo 2nd Vice President candidacy to offset costs for hosting a hospitality suite at the NACo Conference. 2015 will not only be the year we are proposing to have the WIR Conference on Kauai, but Councilmember Hokama will also be the succeeding NACo President as well. Therefore, please find the following proposed amendments to the FY 2013 HSAC Operating Budget: 1) An increase of $4,750.00 in the line item entitled "WIR Promotional," which will bring the total amount for this line item to $5,000.00. 2) A decrease of $4,750.000 in the line item entitled "Adjustments for Travel and Related Expenses," which will bring the total amount for this line item down to $19,637.00. Your attention to this matter is greatly appreciated. Should you have any questions, please feel free to call me at (808) 241-4188. Sincerely, MEL RAPOZO HSAC President AB/lc D: 2012-1114 4396 Rice Street, Suite 209, Uhu`e, Kauai, Hawaii 96766, (808) 241-4188 Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii & City & County of Honolulu AGENDA HSAC EXECUTIVE COMMITTEE MEETING Friday, August 31, 2012 at 10:00 a.m. Honolulu Hale, Committee Meeting Room Honolulu, Hawaii I. CALL TO ORDER II. APPROVAL OF AGENDA III. MINUTES A. Minutes of the July 27, 2012 HSAC Executive Committee Meeting, submitted by the HSAC Secretary. IV. REPORTS A. Treasurer's Report i. Treasurer's Report for the month of July 2012, submitted by the HSAC Treasurer. B. County Reports i. County of Maui Report ii. County of Hawaii Report iii. City and County of Honolulu Report iv. County of Kauai Report C. National Association of Counties (NACo) Report D. Western Interstate Region (WIR) Report V. UNFINISHED BUSINESS VI. NEW BUSINESS A. Communication (dated August 21, 2012) from Vice Chair K. Angel Pilago, Hawaii County Council, transmitting for the Executive Committee's approval the following proposals, which were approved by the Hawaii County Council at its meeting on August 15, 2012, to be included in the 2013 HSAC Legislative Package: i. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING 4396 Rice Street, Suite 209, Lihu`e, Kauai, Hawaii 96766, (808) 241-4188 HSAC Executive Committee Meeting Agenda August 31, 2012 Page 12 ii. A BILL FOR AN ACT RELATING TO THE DEFINITION OF INDIGENT AND PARTIALLY INDIGENT iii. A BILL FOR AN ACT RELATING TO GALLONAGE TAX ON LIQUOR B. Discussion regarding the NACo Prescription Discount Card Program. C. Discussion and overview by Council Vice -Chair JoAnn A. Yukimura, Kauai County Council, regarding the County of Kaua`i's proposals to be included in the 2013 HSAC Legislative Package. D. Discussion regarding HSAC representation on the Board of Advisors of the Center for Alternate Dispute Resolution, pursuant to §613-3, Hawaii Revised Statutes. E. Discussion regarding HSAC representation on the Hawaii Sister -State Committee, pursuant to §229-2, Hawaii Revised Statutes. VII. ANNOUNCEMENTS A. Schedule next meeting B. Other announcements VIII. ADJOURNMENT Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii, City &County of Hono ul r"N MINUTES HSAC EXECUTIVE COMMITTEE MEETING July 27, 2012 Honolulu Hale, Council Committee Room Honolulu, Hawaii CALL TO ORDER The HSAC Executive Committee was called to order by President Mel Rapozo at 10:06 a.m. The following members comprised a quorum: County of Kauai: County of Hawaii: City and County of Honolulu: County of Maui: President Mel Rapozo Vice President K. Angel Pilago Secretary Stanley Chang Treasurer Joseph Pontanilla Others Present: Honolulu staff Shane Killeen Honolulu staff Kimberly Ribellia Honolulu staff Steve Uyeno Honolulu staff Denisse Gee Kauai staff Ashley Bunda Maui staff Kirsten Hamman Kawani Evenger, member of the public APPROVAL OF AGENDA The Committee approved the agenda. MINUTES The Committee approved the minutes of the June 22, 2012, Executive Committee meeting. (*j IV. REPORTS A. Treasurer's Reports. The following item was approved by the Executive Committee: 1. Treasurer's Report for June 2012, as submitted by the HSAC Treasurer. B. County Reports 1. Maui County Report. Treasurer Pontanilla reported that the primary issue facing the Council is the Maui Island Plan. 2. Hawaii County Report. Vice President Pilago reported that Council Chair Yagong expressed appreciation for the four Counties' support of the HSAC annual meeting held in Hawaii County on June 21 — 22, 2012. He stated that the annual meeting went very well but said that conference attendance numbers were lower than what was anticipated. He further reported that Mayor Kenoi vetoed three bills, as follows: 1) Authorization to use $1.5M from the Geothermal Relocation Fund for relocation expenses tied to the possible health effects affecting the proximate community to the Puna geothermal plant; 2) Initiation of a public health survey to gather baseline data regarding the health issues stemming from the Puna geothermal plant; and 3) Charter amendment addressing GASB 45 relating to retirement fund investment. He stated that the Council will be discussing possible veto overrides for all three measures. 3. City and County of Honolulu Report, Secretary Chang reported that at its August 15 meeting, the full Council is scheduled to hear Honolulu's proposed HSAC legislative proposals as approved by the Executive Matters and Legal Affairs subject committee. Mayor Carlisle's cuts to bus service in lieu of increasing rider fares has engendered public outcry, especially the administration's reduction and changes to existing bus routes. Additionally, Mayor Carlisle vetoed Bill 11 which banned all commercial activity at Kallua and Kalama beach parks. He apprised the Committee that the Council continues to experience significant disruptive behavior during public hearings from a fellow Councilmember. Treasurer Pontanilla commented that when a controversial measure comes before the Maui Council, the police department is called to attend the meeting. President Rapozo stated that Kauai Council rules allows disciplinary action be taken against Councilmembers if authorized via a supermajority vote by the Council and that the Kauai Council 2 has a pending disciplinary action against a Kauai Councilmember for disruptive behavior during an executive session. 4. Kauai County Report. President Rapozo reported that the Council passed the FY 2013 budget with a 5-2 vote and noted that Mayor Carvalho did not sign the bill. Additionally, the Council introduced two bills, by request of the administration, addressing an almost $1 M deficit in the FY 2013 budget. He stated that in compliance with the County charter, the Council passed a balanced FY 2013 budget on May 30. However, at the end of June, the Council was subsequently informed by the administration that capital improvement projects (CIP) monies that were earmarked to be transferred to the general fund in FY 2013 were in fact encumbered for on-going CIP. He emphasized that the Council was informed by the administration that the earmarked CIP monies were available for transfer in FY 2013 before the Council passed the budget on May 30. He stated that any charter violation constitutes a misdemeanor criminal offense and that the administration has placed the entire County at risk. He further informed the Committee about the following measures being considered by the Council, as follows: 1) A bill banning smoking in City parks was referred back to the subject committee; 2) A bill addressing false alarms; and 3) The appropriate legislative response to the administration's eminent domain for public use seizure of a large parcel of private land located on the North Shore. C. NACo Report. Treasurer Pontanilla reported that all nine members of the Maui Council attended the annual conference held July 13 —17 in Pittsburgh to support Maui Councilmember G. Riki Hokama's candidacy to be NACo's second Vice President. He further informed the Committee that HSAC hosted a hospitality room at the conference to promote Kauai County's selection as the WIR annual conference site in 2015. Secretary Chang apprised the Committee that NACo has hired a new executive director. He further informed the Committee that Councilmember Garcia hosted a panel on international tourism at the annual conference which was well attended and received by the audience. President Rapozo suggested that HSAC send a congratulatory certificate to Maui Councilmember Hokama on his successful bid to be NACo's second Vice President. He informed the Committee that the City and County of Honolulu and Hawaii County are the two outstanding counties that have not yet completed the county rosters required by the NACo prescription discount card program in order for HSAC to receive the $500 endorsement fee from NACo. Treasurer Pontanilla and President Rapozo apprised the Committee about the marketing resources available through NACo to promote the NACo prescription discount card program statewide. 3 D. WIR Report. Vice President Pilago reported that the predominant issues concerning WIR Board of Directors are, as follows: 1) Natural gas resources; 2) The diminution of the federal Antiquities Act of 1906; and 3) The diminution of the federal Endangered Species Act of 1976. He further reported that the WIR member -states took toward Hawaii for guidance regarding statutory language to protect coastal lands from tsunami debris and ban on plastic bags. President Rapozo stated that he is contemplating introducing a bill to allow the use of biodegradable plastic bags in Kauai County akin to the plastic bag ban ordinance recently passed by the City and County of Honolulu. Treasurer Pontanilla stated that Maui County ordinance bans all plastic bags outright. President Rapozo confirmed that Hawaii County's plastic bag ban ordinance mirrors the Maui County ordinance. Vice President Pilago stated that the issue of banning the use of plastic bags will be at the forefront of future WIR conferences. V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS A. Communication from Hawaii County Vice Chair K. Angel Pilago regarding the approval by the Hawaii County Council of the FY 2013 HSAC officer slate. Vice President Pilago stated that the Council will replace Hawaii County HSAC Alternate Brittany Smart with Hawaii Councilmember Dennis "Fresh" Onishi in an upcoming Council meeting. This item was received and filed. B. Communication from Maui County Clerk Jeffrey T. Kuwada regarding the approval by the Maui County Council of the FY 2013 HSAC officer slate. This item was received and filed. C. Communication from HSAC President Mel Rapozo to approve a proposed amendment to the FY 2013 HSAC operating budget. This item was approved. D. Discussion regarding the NACo Prescription Discount Card Program. 4 This item was received and filed. E. Presentation by Dr. Clifton Otto, MD, regarding the accepted medical use of cannabis. Dr. Clifton Otto, MD, stated that the topic of his presentation is the legal recognition of the medical use of cannabis. He stated that he is not in favor of the legalization of marijuana for recreational use. He stated that his presentation focuses on the legal issues surrounding the medical use of cannabis. He outlined the federal guidelines regarding the medical use of cannabis. He apprised the Committee that 17 states plus the District of Columbia allow the medical use of cannabis. He informed the Committee that the main side effect of overdosing on cannabis is falling asleep, however, cannabis users continue breathing while unconscious. He informed the Committee that Hawaii's medical marijuana program has been in effect since December 28, 2000. He emphasized that Chapter 329, Hawaii Revised Statutes, specifies that individuals may use marijuana for medical use only, not "medicinal" or "alternative" use, and defines "debilitating medical condition." He informed the Committee that Gonzales v. Oregon (2006) confirmed that states have the authority to decide the medical use of Schedule 11 controlled substances. He opined that federal law is in discrepancy with state law because the federal Controlled Substance Act states that there is no acceptable medical use of a Schedule I substance. He reminded the Committee that marijuana is currently classified on the federal level as a Schedule I substance. He further stated that the federal government prefers that the United States Food and Drug Administration's (FDA) established protocol of phase I through phase III randomized placebo controlled clinical trials be the process by which marijuana is approved or disapproved for medical use. Dr. Otto opined that state action is a viable alternative to the FDA approval protocol. He summarized the Hawaii Uniformed Controlled Substances Act. He stated that his goal is to remove cannabis from the federal Schedule I to provide safe access to medical marijuana for legitimate patients and eliminate the risks that physicians encounter when attempting to conduct research regarding the use of medical marijuana. He stated that his legislative proposal requires the Hawaii State Attorney General to file a federal injunction to block further federal enforcement of the federal Controlled Substances Act until cannabis can be removed from the federal Schedule I and requires the Governor to take action to have 5 the United States Department of Justice recognize Hawaii's authority to decide the medical use of controlled substances. Vice President Pilago explained the process by which individual legislative proposals are included in the HSAC legislative package. He asked Dr. Otto if his County Council had approved his legislative proposal. Dr. Otto replied that his legislative proposal was rejected by his elected officials because of the controversy that surrounds medical marijuana. Treasurer Pontanilla confirmed that Dr. Otto was seeking approval by the Committee to include this legislative proposal in the HSAC legislative package. President Rapozo expressed concerns with the Hawaii Uniformed Controlled Substance Act and its potential for abuse, specifically, the ability for individuals to apply for a state medical marijuana permit to treat "chronic pain." He emphasized that he recognizes and appreciates the benefits of medical marijuana in the treatment of medically diagnosed diseases such as multiple sclerosis or cancer. He asked Dr. Otto what his position was on the use of medical marijuana for "chronic pain." Dr. Otto opined that cannabis is the ideal treatment for "chronic pain" as it is much safer than vicodin or oxycodone. He reminded the Committee of the state's Pain Patient Bill of Rights which protects patients' rights to choose alternative pain treatments in discussions with their physician. Dr. Otto opined that the real problem is that the state does not properly regulate permit holders growth and use of medical marijuana. He stated that in contrast, the state of Colorado heavily regulates the use of medical marijuana and opined that, as such, medical marijuana use in Colorado is not as controversial as in Hawaii or California. Treasurer Pontanilla queried why Dr. Otto stated that cannabis is safer than vicodin and oxycodone. Dr. Otto replied that vicodin and oxycodone is a narcotic that is prone to abuse and has a narrow therapeutic margin which causes users to overdose. He further outlined the side effects of these narcotics, such as anxiety, depression and insomnia. Treasurer Pontanilla further queried Dr. Otto about the amount of tax revenues generated from the legal use of medical marijuana in the state of California. Dr. Otto said that California does not have a consistent public policy regarding medical marijuana and that each county is allowed the discretion to establish individual tax policies regarding medical marijuana. He opined that Colorado is a better example because Colorado has placed the sole authority to tax medical marijuana in its Department of Revenue. Dr. Otto added that he believed that cannabis should be C: pharmaceutically prepared and accessed only by prescription, similar to the practice in Amsterdam, Netherlands. This item was received and filed. VII. ANNOUNCEMENTS A. Schedule next meeting. The next Executive Committee meeting was scheduled for August 31, 2012, at Honolulu Hale. The September Executive Committee meeting was scheduled for September 11, 2012, at Honolulu Hale. B. Other Announcements. President Rapozo reminded the Committee that all County legislative proposals to be included the HSAC legislative package must be submitted to the Committee for consideration by August 31, 2012. Treasurer Pontanilla informed the Committee that Maui County may request that the subcommittee formed to examine the hiring of an Executive Director for HSAC make a presentation before the Maui Council at a future date. VIII. ADJOURNMENT The meeting was adjourned at 11:15 a.m. Very truly yours, STANLEY NG Secretary Hawaii State Association of Counties 7 K ANGEL PILAGO Vice Chair Council District 8 - North Kona August 21, 2012 HAWAII COUNTY COUNCIL West Hawaii Civic Center, Bldg. A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawaii 96740 Mel Rapozo, President Hawaii State Association of Counties (HSAC) 4396 Rice Street, Suite 209 Uhu'e, HI 96766 Dear President Rapozo: Phone: (808) 323-4280 Fax: (808) 329-4786 Entail: apilago&o. hawaii. hi. us 13 CEI E '12 AUG 23 A 8 :28 THE t'O i C(3U fl- , This is to inform you that the Hawaii County Council at its meeting on August 15, 2012, approved Resolutions 287-12, 288-12, and 289-12 (the official signed resolutions will be forwarded directly from the County Clerks office). These resolutions request for consideration by HSAC to include referenced proposed bills in the 2013 HSAC Legislative Package. 1) Resolution 287-12 containing A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING. 2) Resolution 288-12 containing A BILL FOR AN ACT RELATING TO THE DEFINITION OF INDEIGENT AND PARTIALLY INDIGENT. 3) Resolution 289-12 containing A BILL FOR AN ACT RELATING TO GALLONAGE TAX ON LIQUOR. The Hawai'i County Council encourages HSAC to give strong consideration to submit these items, on its behalf, to the 2013 Legislative session. Should you have any questions or need additional information, please feel free to contact me or a member of my staff. Sincerely, K. Angel Pilago KAP/jks Attachments Serving the Interests of the People of Our Island Hawaii County Is an Equal Opportunity Provider And Employer of COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 2 S 7 12 A RESOLUTION TO THE HAWAII STATE ASSOCIATION OF COUNTIES URGING IT TO INCLUDE AS PART OF ITS 2013 LEGISLATIVE PACKAGE A REQUEST TO REVISE AND CLARIFY AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING, AS PROVIDED IN CHAPTER 486 OF THE HAWAII REVISED STATUTES. WHEREAS, Resolution 158-11 to the Hawaii State Association of Counties urging it to include as part of its 2012 Legislative Package a request to revise and clarify Agricultural Product Branding and Country or Region of Origin Labeling, as provided in Chapter 486 of the Hawaii Revised Statutes was duly adopted by the Council on October 5, 2011; and WHEREAS, Hawaii Revised Statutes (hereinafter "HRS"), Section 486-1 states in the definition of "misbranded" that such term includes (underscoring provided for emphasis only): (1) False, incomplete, incorrect, or misleading labeling; (2) Misrepresentation as to the identity,ug antitX, quality, or point of origin; (3) Misrepresentation as to the principal place of business of the manufacturer, packer, or distributor; (4) Misrepresentation by vignette, pictorial display, identifiable geographical location, or by any term, word, or phrase in juxtaposition to any other information associated with, labeled on, or accompanying the consumer commodity which falsely alludes to a specific point of origin, a general locale such as a state, or to historical usage by a people; (5) Misrepresentation as to originality or creativity; (6) Misrepresentation of the consumer commodity as an imitation of another or as an imitation of a generic product; and (7) Misrepresentation in any other manner tending to confuse the prospective purchaser. WHEREAS, HRS, Section 486-1 provides the following definition for "perishable consumer commodity" (underscoring provided for emphasis only): ""Perishable consumer commodity" means any article, product, good, or agricultural commodity of any kind that is customarily produced or distributed for sale through mercantile or retail sales outlets; is intended for consumption as food or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions; and is intended to have a limited shelf life. "Perishable consumer commodity" includes, but is not limited to, baked goods, dairy products, cut or dried flowers, coffee, candy, cookies, jam, jelly, juices, oils, nuts, or similar products." WHEREAS, HRS, Section 486-7, Specific powers and duties of the board; rules, states in paragraph (9) of subsection (b) that the Board of Agriculture may adopt rules that include (underscoring provided for emphasis only): "(9) Practices to assure that amounts of commodities or services sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest." WHEREAS, HRS, Section 486-110, Method of sale of commodities; general, provides in part that (underscoring provided for emphasis only): "All methods of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. The board may adopt such reasonable rules as may be necessary to assure that the measure of any commodity for sale reflects accurate information and fair measurement practices to all concerned." WHEREAS, HRS, Section 486-111 Packages; information required; variations; exemptions, states in pari that: "Except as otherwise provided in this chapter, any package introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale, shall bear on the outside of the package definite, plain, and conspicuous declarations of: (1) The identity of the commodity in the package, unless the commodity can be identified easily through the wrapper or container; (2) The net quantity of the contents in terms of measure." WHEREAS, HRS, Section 486-113, Deceptive package, states in pari that (underscoring provided for emphasis only): "No commodity shall be so wrapped or labeled, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the commodity in the package, and the contents of a container shall not fall below such reasonable standard of fill as has been prescribed for the commodity by rule of the board." WHEREAS, HRS, Section 486-118, Misbranding, states (underscoring provided for emphasis only): "[§486-1181 Misbranding. (a) No person shall deliver for introduction, hold for introduction or introduce into the State; or keep, offer, or expose for sale; or sell any consumer commodity which is misrepresented or misbranded in any manner. (b) The board, pursuant to section 486-7 and chapter 91, shall adopt rules relating to misbranding. The rules may: K (1) Require any person involved in the manufacture, processing, production, assembly, fabrication, or importation of a specified consumer commodity to keep and make available for inspection or copying by the administrator adequate records to substantiate the source of the consumer commodity, or in the case of blends, the source of such constituents, as may be required by the board; (2) Establish fanciful names or terms, and in the case of blends, minimum constituent content by weight, to be used in labeling to differentiate a specific consumer commodity from an imitation or look-alike; and (3) Establish requirements to reconcile the respective volumes of specific consumer commodities received versus the total amounts output, either as whole or processed product or as blends. In addition, the board may adopt other rules as it deems necessary for the correct and informative labeling of consumer commodities." WHEREAS, HRS, Section 486-119, Hawaii -made products; Hawaii -processed products, states (underscoring provided for emphasis only): "§486-119 Hawaii -made products; Hawaii -processed products. (a) No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other means misrepresents the origin of the item as being from any place within the State, or uses the phrase "made in Hawaii" as an advertising or media tool for any craft item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State. (b) Subsection (a) notwithstanding, no person shall keep, offer, display, expose for sale, or solicit the sale of any perishable consumer commodity that is labeled "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" or that by any other means represents the origin of the perishable consumer commodity as being from any place within the State, or use the phrase "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" as an advertising or media tool for any perishable consumer commodity, unless the perishable consumer commodity is wholly or partially manufactured, processed, or produced within the State from raw materials that originate from inside or outside the State and at least fifty-one per cent of the wholesale value of the perishable consumer commodity is added by manufacture, processing, or production within the State." WHEREAS, HRS, Section 486-120, "Island fresh" milk, states in part that (underscoring provided for emphasis only): "(a) No person shall keep, offer, display, expose for sale, or solicit for the sale of any processed milk or milk product which is labeled with the term "island fresh", or like terms, or which by any other means misrepresents the origin of the item as being from any place within the State unless the processed milk or milk product has been at least ninety per cent, by weight, produced in the State." WHEREAS, HRS, Section 486-120.5, Macadamia nuts; labeling requirements, subsection (b), states in part that (underscoring provided for emphasis only): "If a label on a consumer package contains language that a portion of the raw or processed macadamia nuts contained in the package was grown in Hawaii, the label shall be worded "Hawaii -Grown Macadamia Nuts", preceded by the per cent by weight of the macadamia nuts contained in the package that were gown in Hawaii, and shall appear on the principal display panel of the package." WHEREAS, HRS, Section 486-120.6, Hawaii -grown roasted or instant coffee; labeling requirements, states in part that (underscoring provided for emphasis only): "(a) In addition to all other labeling requirements, the identity statement used for labeling or advertising roasted or instant coffee produced in whole or in part from Hawaii -grown green coffee beans shall meet the following requirements: (2) For roasted or instant coffee consisting of a blend of one or more Hawaii - grown coffees and coffee not grown in Hawaii, the per cent coffee by weight of one of the Hawaii -grown coffees used in the blend, followed by the geographic origin of the weight -specified coffee and the term "Coffee Blend"; and "(c) "It shall be a violation of this section: (2) To use a geographic origin in labeling or advertising, including in conjunction with a coffee style or in any other manner, if the roasted or instant coffee contains less than ten per cent coffee by weight from that geographic origin." WHEREAS, the practice of protecting milk (90%) but disadvantaging both macadamia nuts (10%) and coffee (100/6), as well as many other crops, is discriminatory to the growers of these crops and contradicts several sections of the HRS, such as (underscoring provided for emphasis only): 1. The definition of "misbranding" (HRS 486-1) for providing incomplete information, misrepresentation as to the identity or point of origin, identifiable geographical location, and the historical usage by a people, misrepresentation of the consumer commodity as an imitation of another or as an imitation of a generic product, or misrepresentation in any other manner tending to confuse the prospective purchaser. If country of origin or the majority percentage of the product is not identified on the front label in large font, then the consumer cannot determine if the product meets his or her needs. Therefore, the consumer needs to be protected from misbranding of any food product by identifying the majority of the product by country or region of origin instead of only ten to fifty percent of the product; and 2. The definition of "practices" (HRS 486-1) "to assure that amounts of commodities or services sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest." If the front label is not informative as to country or region of origin for the majority of the product, the consumer may inadvertently purchase a non -Hawaiian commodity product. Therefore, the consumer as a party at interest needs information to determine what he or she is actually buying on the front label; and 3. The Board must require "practices to assure that amounts of commodities or services sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest" (HRS 486-7). The parties most interested in the product content are the consumers who should be able to instantly understand from the label what the contents are by percentage for each country or region of origin. 4. The Board must require that "...All methods of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. The board may adopt such reasonable rules as may be necessary to assure that the measure of any commodity for sale reflects accurate information and fair measurement practices to all concerned" (HRS 486-110). Therefore, fair measurement without full disclosure on the front label of the point of origin or the percentages from each point of origin is deceptive, and the consumer is disadvantaged by a lack of information as to the origin of the product. 5. HRS, Section 486-110 also provides that the consumer shall have enough information to allow price and quantity comparisons. Withholding sufficient information as to the country or point of origin disallows such comparisons; and 6. Part of the information that the package shall bear on the outside of the package in its "definite, plain, and conspicuous declarations" is the identity of the commodity in the package which should include all points of origin, and the net quantity of the contents in terms of measure which should include the percentage of each point of origin (HRS 486-111). The current loophole in the law allows processors to disadvantage the consumer by hiding pertinent information. The net measure should be more than just the weight or measure of the total product. It should include country or region of origin by percentage. Therefore, the consumer is entitled to know the exact composition of the product rather than only ten to fifty percent of the product; and 7. Misleading a consumer is not allowed in Hawaii, as HRS, Section 486-113 so states. While this section refers to the fill amount, its protection also extends to protecting the consumer if the labeling is misleading. Providing information about only ten percent of a product is deceptive and misleading. Therefore, the consumer needs to know the weight and percentage of each component of the product by country or region of origin; and 8. If the administrator is provided substantive information as to the content and point of origin of a product, in the case of blends, the source of such constituent parts, should be provided to the consumer to differentiate a specific consumer commodity from an imitation or "look-alike" (HRS 486-118). Therefore, if the administrator is entitled to complete information, then so is the consumer. When ten percent or even fifty percent of a product is not identified by country or region of origin, the consumer may falsely believe that he or she is purchasing an entirely different product from what the label reads. This imitation or look-alike product may confuse the consumer into buying something he or she did not intend to buy. To correctly, accurately, and thoroughly label consumer products is the very least our consumers deserve; and 9. When 51% of the wholesale value is added by manufacturing, assembling, fabricating, or production outside of the State or Country (HRS 486-11), a loophole is created that allows foreign products to use the name of "Hawai`i", "Hawaiian", or the "Hawaiian country or region of origin" in an effort to deceive the public and promote that foreign product. "Made in Hawaii" becomes misleading because only 49% of the product may originate in Hawaii, with the remainder coming from a source outside of the State or Country. This should be remedied by full disclosure of the origins of the all components of the item. This problem also negatively impacts perishable agricultural products. The 51 % added by processing disadvantages the Hawaii grower, reduces the Hawaii product purchased, confuses the consumer, and limits the revenue to the agricultural industry in Hawaii. As a result, manufacturers have a loophole in this section. By adding 51 % of the wholesale value, manufacturers or processors claim a Hawaii, Hawaiian, or Hawaiian regional origin. A perishable consumer commodity that is grown in the State of Hawaii should contain more than 51 % of a "Hawai`i", "Hawaiian", or "Hawaiian regional product" constituent part. Value-added products or blends should be required to have at least 75% of the perishable consumer product that is grown in Hawaii; and 10. HRS, Section 486-120 protects milk products by requiring 90% of the milk to be produce in-state. Other agricultural products should require much more than 10% or even 50% before that product can be labeled with a Hawaii, Hawaiian, or a Hawaiian regional name; and 11. The current language of HRS, Section 486-120.5 allows discrimination by product such as, macadamia nuts, which like coffee and other products receives a discriminatory lack of protection, and the farmers growing these products are financially disadvantaged; and 12. As a result of the language in HRS, Section 486-120.6, a loophole is created allowing processors to use a minimum of 10% of any Hawaii -grown product and claim a Hawaiian point of origin. This is deceptive and false advertising to our consumers because a ten percent blend is not distinguishable from the 90% out -of -country portion of the blend, degrades the Hawaiian regional identities by producing a diluted Hawaiian product, and is a poor bargain from a price standpoint since the value of the Hawaiian product is massively greater than an out - of -country product. Additionally, other perishable Hawaiian products use much higher percentages and this minimum ten percent or even fifty percent is discriminatory against specific products which inflates the processors profit to the detriment of the growers; and WHEREAS, the Market Development Branch of the State Department of Business, Economic Development and Tourism has stated that Kona coffee growers and marketers are missing major opportunities for marketing in Asia, with emphasis on Mainland China (PRC) and Taiwan, because consumers in those countries are confused by "blends" and want to be assured that they are buying 100% Kona coffee. This problem impacts every growing region in the state that grows coffee or any other product. Regional identity sells product, which is why the processors want to use our geographic names, but not provide at least 75% of our agricultural products in their final product. They save money and Hawaii growers lose money; and WHEREAS, other States promote and encourage the geographic identity of their homegrown products (for example, Washington Apples, Florida Oranges, Vidalia Onions, Idaho Potatoes, and Napa Valley Wines). This type of regional and geographic branding is vitally important to growers and ultimately, the State through our tax dollars; and WHEREAS, it is essential that the State of Hawaii strengthen its statutory requirements to protect the agricultural industry with State legislation serving as a basis for Federal legislation 6 to protect the Hawaii and Hawaiian geographic names in consumer outlets on the mainland United States and in foreign countries; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it requests the Hawaii State Associations of Counties to include in its 2013 Legislative Package, a draft bill to amend Chapter 486 of the Hawaii Revised Statutes labeled "Exhibit A" and the justification sheet for this action labeled "Exhibit B." BE IT FINALLY RESOLVED, that the County Clerk shall forward copies of this resolution to the President of the Hawaii State Association of Counties, and the respective Mayors of the counties of Hawaii, Kaua` i, Maui, and the City and County of Honolulu. Dated at , Hawai`i, this day of , 2012. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE •' Wifflm® Reference: C-804/GRC- RESOLUTION NO. . 287 12 EXHIBIT A Page 1 . B. NO. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Hawaii Revised Statutes, Chapter 486, Measurement Standards, Part V, Measurement Standards, Uniform Packaging and Labeling is amended to add a new section 486-120.7 to read as follows: "4486-120.7 Agricultural product branding and country or region of origin labeling. (a) All agricultural products grown, packaged, or sold in Hawaii shall conform to the following conditions: Honey, macadamia nuts coffee tea vanilla, and any other plant or animal products for which any information or name indicating "Hawai`i", "Hawaiian" or any re ig on of Hawaii, and where the product is less than 100% grown in Hawaii shall after the word "Contains:" list on the front label the country or region of origin and the percentage of each country's or region's portion of the product in descending order of percentage and in font size at least equal to one-half the size of the largest font on the front label. (Spices are exempted unless spice is the major portion of the product.) (b) All agricultural products claiming to be 100% grown in Hawaii shall be labeled to conform to the following condition: (1) A minimum of 100% Hawaii -grown product shall be included in the package for the front label to say, with or without Hawaiian okinas, in a font size at least equal to one-half the size of the largest font: "100% Hawaii (product)" or "Hawai`i (product)" "100% Hawaii -Grown (product)" or "Hawai`i-Grown (product)"; "100% Grown in Hawaii"• "100% Hawaii -Made (product)" or "Hawai`i-Made product,": "100% Hawaiian -Made (product)" or "Hawaiian -Made (product)", "100% Made in Hawai `i"; or "100% Hawaiian (product)" or "Hawaiian (product)". (2) Spices are exempted unless spice is the major portion of the product. (C) All agricultural vroducts claiming to be 100% grown in a single Hawaiian region shall be labeled to conform to the following conditions: (1) A minimum of 100% of the Hawaiian regionally -grown product shall be included in theyacka¢e for the front label to say, with or without Hawaiian okinas, in a font size at least equal to one-half the size of the largest font: (A) Regional names: "100% (Region) (moduct)" or "(Region) (yroduct)"; "100% (Region) -Grown (product)' or "(Region) -Grown (product)", "100% (Region) -Made (product)" or "(Region) -Made (product)"; or "100% (Region) (product)". In the case of a blend that contains 100% products from multiple Hawaiian islands: "100% Hawaiian Islands (product) Blend" or "100% Hawaii Islands (product) Blend". (2) Spices are exempted unless spice is the major portion of the product. (d) All packaging and labeling for products claiming to contain some but less than 100% Hawaii- r own product shall conform to the following conditions: (1) A blended plant or animal product labeled with the words "Hawai`i" "Hawaiian" or the name of any Hawaiian region (e.g. "75% Kona Coffee Blend") shall: (A) Contain a minimum of 75% of that named region's agricultural or animal product and shall use the word "Blend" in the identification of the product-, List the percentage number of the majority portion of the product (e.g. "75% (region)()(product)' ); and List after the word "Contains:" in descending order, and after the maiority content the remainder of the product by percentage and country or Hawaiian region of origin with or without okinas, for example: "15% Argentina (product)" and "10% Congo (product)"; "15% Argentina (product)" and "10% Maui (product)"; or "25% Maui and Kauai (product" (The bulk listing of percentages shall be allowed for Hawaiian regions only), and (D) The labeling required in (1), (2), and (3) above shall be printed on the front label in a font size at least equal to one-half the size of the largest font on the front label. (2) Any blended product that contains less than 75% of a Hawaiian product shall not use the names "Hawai `i ' "Hawaiian" or any Hawaiian regional name on the front label except in the contents list which shall identify on the front label the countries or geographic regions of origin for the entire product with the percentage for each country's or region's portion of the product in a font size at least equal to one-half the size of the largest font on the front label." SECTION 2. Nothing stated on side or back labels on any product subject to this section shall be inconsistent with statements appearing on the front label. SECTION 3. To the extent the provisions of this section are inconsistent with the labeling requirements of HRS Sections 486-120.5, 486-120.6, or 486-119, or any other statutory section, the provisions of this section shall apply. SECTION 4. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 5. The effective date of this ACT shall be 18 months from the date the legislation is passed by the State Legislature. The passage of this ACT shall begin the 18 -month time period for the effective date to take effect. INTRODUCED BY: KI EXHIBIT B JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING IN HAWAII REVISED STATUTES, SECTION 486. PURPOSE: To amend HRS Chapter 486 on branding agricultural products and labeling with the country or region of origin to protect Hawai` s, regional crops and our growers investment, , provide protection of the consumer, prevent misleading information on labels, be informative to all parties of interest, create an identity for Hawaii agricultural products, increase the minimum percentage in blends of any product to 75% before a Hawaiian or Hawaii regional name may be placed on the label, and equalize all agricultural products in the way products are labeled and blended. MEANS: Amend HRS Chapter 486 to make all agricultural products fairly and accurately labeled with a minimum percentage of Hawaiian products and country or region of origin so the consumer knows exactly what they are buying from the front label. JUSTIFICATION: Milk products require 90% of the product to be produced in Hawaii before the name of "Island Fresh" may be allowed on the label. However, other Hawaiian products, coffee, tea, vanilla, and macadamia nuts products are allowed to have as low as 10% Hawaiian product and be labeled with a Hawaiian regional name and the word, "blend". This is discriminatory, disadvantages the growers, confuses the consumer, degrades our Hawaiian products, and makes a mockery of the regional quality of our products. Additionally, HRS 486 specifically and in numerous sections, prohibits unfair or misleading the consumer, or misrepresents the origin of the product. HRS 486-110 specifically states "measure of any commodity for sale reflects accurate information and fair measurement practices to all concerned". Section 486 needs to be amended to protect the growers and consumers. .'y COUNTY OF HAWAII •�STATE OF HAWAII RESOLUTION NO. 2ti8 12 RESOLUTION REQUESTING THE HAWAPI STATE ASSOCIATION OF COUNTIES TO INCLUDE IN ITS 2013 LEGISLATIVE PACKAGE AN AMENDMENT TO THE HAWAII REVISED STATUTES, SECTION 802-4, BY AMENDING THE DEFINITION OF "INDIGENCY" AND "PARTIAL INDIGENCY" FOR CRIMINAL DEFENDANTS AND ESTABLISH CRITERIA TO CLEARLY DELINEATE CIRCUMSTANCES IN WHICH COURT-APPOINTED COUNSEL IS NECESSARY. WHEREAS, Resolution 168-11 requesting the Hawai'i State Association of Counties to include in its 2012 Legislative Package an amendment to the Hawaii Revised Statutes, Section 802-4, by amending the definitions of "Indigency" and "Partial Indigency" for Criminal Defendants and establish criteria to clearly delineate circumstances in which court-appointed counsel is necessary was duly adopted by the Council on October 5, 2011; and WHEREAS, the State of Hawaii has no concrete definition or criteria defining "indigency". Moreover, Hawaii Revised Statutes, section 802-4 grants the Office of the Public Defender the exclusive right to determine whether or not a criminal defendant is indigent, and states as follows: "§802-4 Determination of indigency. Unless otherwise ordered by the court, the determination of indigency shall be made by a public defender, subject to review by the court. Such determination shall be based upon an appropriate inquiry into the financial circumstances of the person seeking legal representation and an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel. A person shall waive the person's right to counsel by refusing to furnish any information pertinent to the determination of indigency"; and WHEREAS, at present, the State of Hawai'i's process for determining indigency lacks legal necessities required by other states for criminal defendants; and WHEREAS, many states have a concrete cut-off point for indigency classification, such as; Washington State asserts that if a criminal defendant, after paying taxes, has an annual income of one hundred twenty-five percent (125%) or less of the current federally established poverty level, he/she is indigent. The Georgia State Courts, which declares that for misdemeanor cases, criminal defendants must earn less than one hundred twenty-five percent (125%) of the Federal Poverty Guidelines in order to qualify as indigent; however, in felony cases, criminal defendants must earn less than one hundred fifty percent (150%) of the Federal Poverty Guidelines in order to qualify as indigent; and WHEREAS, currently, the Office of the Public Defender for the State of Hawai'i uses a very basic questionnaire. The form inquires briefly about the criminal defendant and defendant's spouse's jobs, and then asks criminal defendants to list assets (such as homes, cars and investments); monthly expenses (food, rent, medical/dental); and "Other Debts". Aside from this information, the form contains only biographical information and itemizes any public assistance that the criminal defendant is receiving. While this information is certainly essential, it is merely a starting point for an in-depth investigation of the applicant's financial circumstances; and WHEREAS, many other states thoroughly examine the criminal defendant's finances and assets. Their assessment include questions regarding other persons living in the household (including children, dependants and contributing members of the household), as well as provide space for listing more than one job. Additionally, many states request substantially more data regarding the criminal defendant's assets, including: income provided to criminal defendant by individuals other than himself and his spouse, retirement benefits, any alimony/child support received, sporting equipment (such as boats and motorcycles), money owed to the criminal defendant, personal property of worth (such as appliances), "other valuable property" (such as gold, precious stones, jewelry, works of art, farm equipment, etc.), and the amount of cash a criminal defendant has on hand. It is only with a comprehensive inventory that the State will be able to make an accurate determination as to whether the criminal defendant warrants government -funded public defense for criminal actions; and WHEREAS, the Office of the Public Defender uses a standardized form to gather financial information on criminal defendants; however, they are not required by law to verify the information listed. The Office of the Public Defender is merely required to conduct "an appropriate inquiry into the financial circumstances of the person seeking legal representation", and obtain "an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel." Although criminal defendants must sign a sworn affidavit which, if inaccurate could result in prosecution, studies show that this process rarely deters untruthful parties. Furthermore, the Office of the Public Defender neither reports, nor furnishes the criminal defendant's request forms, to the Office of the Prosecutor when they find that the information provided is fraudulent; and WHEREAS, Office of the Public Defender's non-objective determinations are neither fair nor adequate because bias is present. As a result of this non-objective screening, it is certain that on occasion criminal defendants, who are in fact quite wealthy, and perfectly able to afford representation, are deemed to be indigent. Some designations of indigence may streamline the determination process by eliminating the need to gather and verify additional and substantial financial data; and WHEREAS, it is reasonable to require pay stubs and tax returns to accurately establish income. Similarly, employer verification, information from landlords/property managers can be useful in showing assets. It is not unusual to compel permission to run credit reports and retrieving banking information, before determining parties to be indigent. If a criminal defendant is already receiving public assistance, a number of jurisdictions automatically deem him indigent. By not verifying criminal defendants' financial information, the State runs a risk of providing public attorneys to individuals who can actually afford private counsel. This in tum, wastes scarce resources and runs the risk of providing sub -standard services to all people, which is poor public policy and constitutionally unsound; and 2 WHEREAS, there are a number of difficulties when it comes to deciding which entity/entities should ultimately verify criminal defendants' applications for court-appointed counsel. While government entities certainly have more specialized knowledge, a conflict of interest is almost unavoidable. If prosecutors screen the cases, they can threaten to deny a criminal defendant counsel, unless he pleads guilty. If the public defenders office verifies the indigency of potential cases, they run the risk of allowing their personal interests to affect their decisions as to acceptor reject a criminal defendant. If the presiding judiciary is responsible for verifying indigency, it may violate the American Bar Association Model Code of Judicial Conduct. In 2008, the Nevada Supreme Court developed the applicable rule stating that a "determination of indigency should be performed by an independent board, agency, or committee, or by judges not directly involved in the case"; and WHEREAS, economic verification of potential indigents costs money so a number of jurisdictions charge an application fee for every person who is interested in receiving a public defender, and if the criminal defendant cannot pay the fee in advance, the amount is added to the judgment and sentence if the criminal defendant is convicted; and WHEREAS, a number of states use the "partially indigent" definition to distinguish those who are truly indigent from those who can contribute limitedly to the cost of their counsel. This label would be appropriate when criminal defendants are deemed partially able to pay for their own counsel; and WHEREAS, some criminal defendants who should not have a public defender falsely obtain a public defender and then request a jury trial which costs the State of Hawaii thousands if not millions of dollars; and WHEREAS, because the State of Hawaii has limited resources, it is essential that we make certain that funding is appropriately disbursed. The technique that is currently in place to evaluate the need for and assign court-appointed counsel is inefficient and outdated; furthermore, it discourages both consistency and fairness. These changes will create a far more defined and regulated system, and will streamline the process of determining indigency, ensuring that the constitutional rights of indigent people are met equitably; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Hawai` i State Association of Counties include in its 2013 Legislative Package, a draft bill to amend Hawaii Revised Statutes, section 802-4 labeled "Exhibit A" and the justification Sheet for this action labeled "Exhibit B." 3 BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the Hawaii State Association of Counties and the respective Mayors of the Counties of Hawaii, Kauai, Maui, and the City and County of Honolulu. Dated at , Hawai`i, this day of INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: .L CALL VOTE AYES NOES ABS EX BLAS FORD HOFFMANN IKEDA ONISHI PILAGO SMART YAGONG YOSHIMOTO Reference: C-805/Waived GRC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 288 1Z 4 THE TWENTY- LEGISLATURE, 2013 STATE OF HAWAII EXHIBIT A A BILL FOR AN ACT RELATING TO THE DEFINITION OF INDIGENT AND PARTIALLY INDIGENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Section 802-4, Hawaii Revised Statutes, is amended to read as follows: "§8024 Determination of indigency. Lal Unless otherwise ordered by the court, the determination of indigency shall be made by [a publie defender subjeet to re -view by eon an independent board, agency, or committee, or by iudges not directly involved in the case and shall be known as the verification officers. Such determination shall be based upon an appropriate and thorough inquiry into the financial circumstances of the person seeking legal representation and an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel. A person shall waive the person's right to counsel by refusing to furnish any information pertinent to the determination of indigency. The definition of "indigent" shall be based on an objective determination of annual income and other resources, and shall comply with the following: a. For misdemeanor cases, criminal defendants must earn less than one hundred twenty-five percent (125%) of the Federal Poverty Guidelines in order to qualify as indigent. b. For felony cases, criminal defendants must earn less than one hundred fifty percent (150%) of the Federal Povertv Guidelines in order to qualify as indigent. f!�j Financial Standards for Determining Indigence. The financial standards set forth below shall be used to determine whether a defendant is indigent and shall be applied equally to each defendant in the county. In determining whether a defendant is indigent, the verification officers may consider the defendant's income, assets, property owned, outstanding obligations, necessary expenses, the number and ages of defendant's children, and spousal income that is available to the defendant. A defendant is considered indigent if: 1. The defendant's net household income does not exceed 125% of the Poverty Guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register; and 2. The value of the non-exempt assets and property owned by the defendant: Q does not exceed $2,500.00; ii does not exceed $5,000.00 in the case of a defendant whose household includes a person who is age 60 or over, disabled, or institutionalized; or iii does not exceed double the estimated cost of obtaining competent private legal representation on the offense(s) with which the defendant is charged. The following table indicates income levels guidelines: The income levels in the following table represent 125% of the U.S. Department of Health and Human Services Poverty Guidelines for 2008. 1 .......................................................$10,400 2 ....................................................... 14,000 3 ....................................................... 17,600 4 ....................................................... 21,200 5 ....................................................... 24,800 6 ....................................................... 28,400 7....................................................... 32,000 ...................................................... 8 ....................................................... 35,600 For family units with more than eight members, add $3,600 for each additional member in the family when determining 125% of Poverty. (D) A defendant is considered indigent if, at the time of requesting appointed counsel, the defendant or the defendant's dependents have been determined to be eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing. (Ej A defendant is considered indigent if the defendant: Lij is currently serving a sentence in a correctional institution, is currently residing in a public mental health facility, or is the subject of a proceeding in which admission or commitment to such a mental health facility is sought, and does not have sufficient funds in his inmate trust account to hire counsel; and ii has no non-exempt assets or property in excess of the amounts specified in (b)(2)(B) above. (3) Definition of "partially indigent" (see section 802-6): (A) A defendant determined to be partially indizent shall be eligible for appointment of counsel only upon payment to the county of an appointment fee of $100 if charged with one or more misdemeanors or $250 if charged with one or more felonies. If a defendant determined to be partially indigent pleads or is found guilty. the court may order the defendant to comply with a payment schedule to reimburse the county for all indigent defense costs in the case. M A defendant shall be considered partially indigent if the defendant does not meet any of the standards for indigence set forth in (b)(2)(B) above and: fil The defendant's net household income is greater than 125% but does not exceed 175% of the Poverty Guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register; and iLij The value of the non-exempt assets and property owned by the defendant: a. Does not exceed $2,500.00; b. Does not exceed $5,000.00 in the case of a defendant whose household includes a person who is age 60 or over, disabled, or institutionalized; or c. Does not exceed double the estimated cost of obtaining private legal representation on the offense(s) with which the defendant is charged. M Factors Not to be Considered. Lj A defendant's posting of bail or ability to post bail may not be considered in determining whether the defendant is indigent or Partially indigent except to the extent it reflects the defendant's financial circumstances as measured by (b) above. Even when a defendant has posted bail, the defendant's financial circumstances are measured by the financial standards stated in this rule. BB) Except where the Defendant is a juvenile, the resources available to friends or relatives of the defendant may not be considered in determining whether the defendant is indigent. Only the defendant's fmancial circumstances as measured by the financial standards stated in this rule shall be used as the basis for determining indigence. Payment by defendant A court that finds that a criminal defendant has financial resources to offset, in part or in whole, the costs of legal services provided under this Part, may order the defendant to pay the county that portion of the costs of legal services, provided that it finds that the defendant is able to pay. If a defendant is placed on probation or deferred adiudication, the court, as a condition of probation, may require repayment of all or a portion of the county's cost for providing legal representation if it does not impose a substantial fmancial hardship on the defendant or his legal dependants. BB) Upon a determination of indigence, the Judge presiding over the case shall sign the form indicating the accused is indigent and shall immediately appoint an attorney pursuant to the approved attorney appointment list plan. (41 A uniform, well-defined screening process to gather and verify substantial financial data shall include an in-depth investigation of the applicant's financial circumstances to make an accurate determination as to whether the criminal defendant warrants government -funded public defense. The following is the minimum required information: obtain biographical information; itemize any public assistance that the criminal defendant is receiving; list all jobs held by criminal defendant and defendant's spouse, even part- time lobs or cash only iobs; list assets (such as homes in any location, cars and investments); u list monthly expenses (food, rent, medical/dental); list other debts; other persons living in the household (including children, dependants and contributing members of the household); list all jobs; list income provided to criminal defendant by individuals other than himself and his spouse; list retirement benefits; list any alimony/child support received or paid, or owed; list sports equipment (such as boats and motorcycles); list money owed to the criminal defendant; f L41 list personal property of worth (such as appliances); list other valuable property (such as gold, precious stones Jewelry, works of art. farm equipment, etc.); and list the amount of cash a criminal defendant has on hand. Lej Fees. An application fee of $100.00 for one or more misdemeanors and $250 for one or more felonies shall be charged for every person interested in receiving a public defender to pay for the cost of verification of financial information If the criminal defendant cannot pay the fee in advance the amount is added to the iudgment and sentence if the criminal defendant is convicted Utilize a promissory note for the application fee which the criminal defendant signs before the disposition of the case. Q For those defendants who are 'yartially indigent, a contribution plan shall be devised to contribute to the cost of their counsel. If the criminal defendant cannot pay the fee in advance, the amount is added to the iudgment and sentence if the criminal defendant is convicted. Utilize a promissory note for the application fee which the criminal defendant signs before the disposition of the case. The Office of the Public Defender shall report and furnish the criminal defendant's request forms to the Office of the Prosecutor or the State Attorney General when they find that the information provided is fraudulent, and advise the criminal defendant that fraudulent information shall result in 60 days iail time or and addition of 60 days jail time to any sentence to be served consecutively." EXHIBIT B JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO DEFINITION OF INDIGENCY PURPOSE: To promote fairness and consistency within our judicial system, it is proposed that the State of Hawaii reconsider the current indigency definition, establish a screening program for financial need and third party review, and adopt a process which would clearly delineated the circumstances in which court-appointed counsel is necessary. MEANS: Amend HRS 8024 to: (a) Include a concrete definition of indigency to allow non-objective determination of annual income and other resources. Consider that if a criminal defendant is receiving some variety of public assistance, they may be deemed indigent; (c) Establish indigency at one hundred twenty-five percent (125%) or less of the current federally established poverty level; (d) Include a "partially indigent" designation, which requires criminal defendants to reimburse the state for a portion or all of the cost of court-appointed counsel; (e) Establish a uniform, well-defined screening process that includes an in-depth investigation of the applicant's financial circumstances to make an accurate determination as to whether the criminal defendant warrants government -funded public defense; (f) Require that "indigency" should be performed by an independent board, agency, or committee, or by judges not directly involved in the case, (g) Gather and verify substantial financial data including: biographical information and itemize any public assistance that the criminal defendant is receiving, criminal defendant and defendant's spouse's jobs, list assets (such as homes in any location, cars and investments); monthly expenses (food, rent, medical/dental), other debts, other persons living in the household (including children, dependants and contributing members of the household), provide space for listing more than one job, income provided to criminal defendant by individuals other than himself and his spouse, retirement benefits, any alimony/child support received, sporting equipment (such as boats and motorcycles), money owed to the criminal defendant, personal property of worth (such as appliances), other valuable property (such as gold, precious stones, jewelry, works of art, farm equipment, etc.), and the amount of cash a criminal defendant has on hand; (h) Charge an application fee of at least $100.00 for one or more misdemeanors and $250 for one or more felonies to every person interested in receiving a public defender to pay for the cost of verification of financial information. If the criminal defendant cannot pay the fee in advance, the amount is added to the judgment and sentence if the criminal defendant is convicted. Utilize a promissory note for the application fee which the criminal defendant signs before the disposition of the case; (i) Devise a contribution plan for someone who is partially indigent to distinguish those who are truly indigent from those who can contribute limitedly to the cost of their counsel; (j) Require that the cases represented by public defenders are not chosen arbitrarily; and (k) Require Office of the Public Defender to report and furnish the criminal defendant's request forms to the Office of the Prosecutor (State Attorney General), when they find that the information provided is fraudulent, and advise the criminal defendant that fraudulent information shall result in 60 days jail time or and addition of 60 days jail time to any sentence to be served consecutively. JUSTIFICATION: The State of Hawaii has limited resources, it is essential that we make certain that funding is appropriately disbursed. The technique that is currently in place to evaluate the need for and assign court-appointed counsel is inefficient and outdated; furthermore, it discourages both consistency and fairness. These changes will create a far more defined and regulated system, and will streamline the process of determining indigency, ensuring that the constitutional rights of indigent people are met equitably. Y OF COUNTY OF HAWAII :• STATE OF HAWAII .h N.N►� RESOLUTION NO. 289 12 A RESOLUTION TO REQUEST THAT THE HAWAII STATE ASSOCIATION OF COUNTIES SUBMIT WITH ITS 2013 LEGISLATIVE PACKAGE TO THE STATE LEGISLATURE AN AMENDMENT TO CHAPTER 244D, SECTION 244D-4, HAWAII REVISED STATUTES, RELATING TO INCREASING THE GALLONAGE TAX ON LIQUOR. WHEREAS, Resolution 157-11 to request that the Hawaii State Association of Counties submit with its 2012 Legislative Package to the State Legislature an amendment to Chapter 244D, Section 244D-4, Hawaii Revised Statutes, relating to increasing the Gallonage Tax on Liquor was duly adopted by the Council on October 5, 2011; and WHEREAS, according to "U.S. Department of Transportation, 2009", the County of Hawaii has the highest percentage of fatalities caused by persons driving while under the influence of alcohol in the State of Hawaii and in the nation; and WHEREAS, residents and visitors who drive while under the influence of an intoxicant, or who continue to drive while under the influence of an intoxicant after being arrested, have created costly, emotional and physical pain, and inflicted tragic and intolerable situations for the people and families of the victims they injure and kill; and WHEREAS, costs for first responders, fire fighters, EMS personnel, and police officers, costs for second responder, the Traffic Division, and costs for the Office of the Prosecuting Attorney, are paid for by the respective counties; and WHEREAS, untold millions of dollars are spent by the counties to cover the cost of crashes and crash fatalities involving persons who drive while under the influence of an intoxicant; and WHEREAS, whether occurring on a state or federal highway, expenses associated with these crashes and crash fatalities involving persons who drive while under the influence of an intoxicant accrue to the counties and are not currently reimbursed; and WHEREAS, Section 291E, Hawaii Revised Statutes, established the Blood Alcohol Content (BAC) for any criminal prosecution and, provides in pertinent part, as follows: (1) HRS section 291E -3(a): ".08 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood or .08 or more grams of alcohol per two hundred ten liters of the person's breath... within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques of the person's blood, breath, or urine shall be competent evidence that the person was under the influence of an intoxicant at the time of the alleged violation." (2) HRS section 291E -3(b)(1): "If there were .05 or less grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 or less grams of alcohol per two hundred ten liters of defendant's breath, it shall be presumed that the defendant was not under the influence of alcohol at the time of the alleged violation." (3) HRS section 291E -3(b)(2): "If there were in excess of .05 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 grams of alcohol per two hundred ten liters of defendant's breath, but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .08 grams of alcohol per two hundred ten liters of defendant's breath, that fact may be considered with other competent evidence in determining whether the defendant was under the influence of alcohol at the time of the alleged violation, but shall not of itself give rise to any presumption."; and WHEREAS, many people drive with a 13AC between 0.05 and 0.08, and some of those people may be involved in crashes; WHEREAS, from 1998 to 2011, the Consumer Price Index has increased by over thirty- five percent; and WHEREAS, the gallonage tax on liquor has not been raised since 1998, and the following chart indicates the potential percentage increase and revenue that counties may receive; and 2010 Hawaii $5,849,036 Maui $6,447,013 Kauai $2,774,765 Oahu $29,888,254 Total Tax Revenues increase 10% $584,9041 $644,701 $277,477 $2,988,825 increase 20% 1 $1,169,807 $1,289,4031 $554,953 $5,977,651 increase 30% 1 $1,754,711 $1,934,1041 $832,430 $8,966,476 WHEREAS, the following chart shows the current tax per gallon and the potential tax amount based on an increase of thirty percent per gallon; and WJ rA L �y H iH A vat t j a1 Current Tax/Gallon $ 5.98 $ 2.12 $ 1.381 $0.851 $ 0.93 $ 0.54 Increase Tax — 30% 7.78 2.76 1 1.80 1 1.11 1 1.21 0.70 WHEREAS, potential revenues received from a thirty per cent increase of the gallonage tax on liquor would supplement services provided by police, fire, emergency medical services, road cleanup, prosecution associated with crashes involving persons driving while under the influence of an intoxicant, and may also be used for training, equipment, and public service announcements; and WHEREAS, the Council of the County of Hawaii supports a thirty percent increase of the gallonage tax on liquor as an additional source of revenue that would benefit all counties of the State of Hawaii; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Hawaii State Association of Counties include in its 2013 Legislative Package, a draft bill to amend chapter 244D, section 24413-4, Hawaii Revised Statutes labeled "Exhibit A" and the justification sheet for this action labeled "Exhibit B." BE IT FURTHER RESOLVED that revenues received from this tax increase of approximately thirty percent per gallon of liquor shall be placed in a special fund, and the increased tax revenue collected pursuant to this Act shall be reimbursed to the counties, however, fines on the increased tax revenue shall be retained by the State of Hawaii for collection expense. BE IT FURTHER RESOLVED that the counties shall use the increased revenue from the thirty per cent increase in gallonage tax on liquor to pay for Police, Fire, Emergency Medical Services, road clean-up, and prosecution associated with crashes involving driving while under the influence of an intoxicant, and increased tax revenue may also be used to cover expenses relating to training, equipment, and public service announcements associated with reducing occurrences of driving while under the influence of an intoxicant. BE IT FURTHER RESOLVED that tax revenues from the thirty per cent increase in gallonage tax on liquor shall be kept in a special fund by each county, and be accounted for as a separate line item in their respective budgets. BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the Honorable Neil Abercrombie, Governor of the State of Hawaii, the Hawaii State Association of Counties, the President of the State Senate, the Speaker of the State House of Representatives, the House Finance Committee Chairperson, and the respective Mayors of the counties of Hawaii, Kauai, Maui, and the City and County of Honolulu. Dated at , Hawai`i, this day of , 2012. INTRODUCED BY: y- 'At'�p TCOUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai'i on ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 4 KVLL UALL V V I h AYES I NOES I ABS EX BLAS FORD HOFFMANN IKEDA ONISHI PILAGO SMART YAGONG YOSHIMOTO Reference: C-806/Waived GRC RESOLUTION NO. 289 12 EXHIBIT A THE B. NO. TWENTY- LEGISLATURE, 2013 STATE OF HAWAII A BILL FOR AN ACT RELATING TO GALLONAGE TAX ON LIQUOR BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Section 244D-4, Hawaii Revised Statutes, is amended to read as follows: "§244D-4 Tax; limitations. (a) Every person who sells or uses any liquor in the State not taxable under this chapter, in respect of the transaction by which the person or the person's vendor acquired the liquor, shall pay a gallonage tax which is hereby imposed at the following rates for the various liquor categories defined in section 24413-1: For the period July 1, 1997, to June 30, 1998, the tax rate shall be: (1) $5.92 per wine gallon on distilled spirits; (2) $2.09 per wine gallon on sparkling wine; (3) $1.36 per wine gallon on still wine; (4) $0.84 per wine gallon on cooler beverages; (5) $0.92 per wine gallon on beer other than draft beer; (6) $0.53 per wine gallon on draft beer; [9n] For the period July 1, 1998, [anddftei!] to June 30, 2014, the tax rate shall be: (1) $5.98 per wine gallon on distilled spirits; (2) $2.12 per wine gallon on sparkling wine; (3) $1.38 per wine gallon on still wine; (4) $0.85 per wine gallon on cooler beverages; (5) $0.93 per wine gallon on beer other than draft beer; (6) $0.54 per wine gallon on draft beer; On July 1, 2013, and thereafter, the tax rate shall be: (1) $6.03 per wine gallon on distilled spirits; (2) $2.17 per wine gallon on sparkling wine; (3) $1.43 per wine gallon on still wine; (4) $0.90 per wine gallon on cooler beverages; (5) $0.98 per wine gallon on beer other than draft beer; (6) $0.59 per wine gallon on draft beer; and at a proportionate rate for any other quantity so sold or used. Q?J Beginning July 1, 2014, the increase in the gallonage tax shall begin and the additional thirty percent per gallon collected shall be reimbursed to each county by the amount of additional gallonage tax collected from that county; however, fines on the increased tax revenue shall be retained by the State of Hawaii to compensate it for the expense of collection. Tax revenues from this Act shall be kept by the respective counties in a special fund, and be accounted for as a separate line item in their respective budgets. O The tax collected for the period July 1, 2014 and thereafter as set forth under subparagraph (a) above shall only be used to pay for Police, Fire, Emergency Medical Services, road clean-up, prosecution, and may also be used for training, the purchase of any equipment deemed necessary by the respective county departments, education and public service announcements utilized to reduce driving while under the influence of an intoxicant. [N] (d) The tax levied pursuant to subsection (a) shall be paid only once upon the same liquor; provided further that the tax shall not apply to: (1) Liquor held for sale by a permittee but not yet sold; (2) Liquor sold by one permittee to another permittee; (3) Liquor which under the Constitution and laws of the United States cannot be legally subjected to the tax imposed by this chapter so long as and to the extent to which the State is without power to impose the tax; (4) Liquor sold for sacramental purposes or the use of liquor for sacramental purposes, or any liquor imported pursuant to section 281-33; and (5) Alcohol sold pursuant to section 281-37 to a person holding a purchase permit or prescription therefor, or any sale or use of alcohol, so purchased, for other than beverage purposes." 2 EXHIBIT B JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO INCREASED GALLONAGE TAX ON LIQUOR. PURPOSE: To increase gallonage tax on liquor by 30%, collect and transfer this additional revenue to the respective counties, and partially reimburse counties for cost of handling crashes and crash fatalities involving driving under the influence of an intoxicant. MEANS: Amend HRS Chapter 24413-4 to increase the gallonage tax on liquor by 30%. JUSTIFICATION: The high rate of crashes and crash fatalities involving driving under the influence of an intoxicant (alcohol), and the cost of resolving the crash and fatalities falls on the counties which justifies an increase in gallonage tax for liquor. Gallonage tax on liquor has not increased since 1998 while the Consumer Price Index has increased more than 35% in the same period of time. Resolving the crash involves police, fire, EMS, traffic division to clear the wreckage, and prosecution of the case in each county. These costs could be partially covered by an increase in gallonage tax for liquor. W The Hawaii State Association of Counties Endorses the NACo Prescription Discount Card Program The Hawai'i State Association of Counties (HSAC) now officially endorses the NACo Prescription Discount Card Program, which is one of the largest discount programs in the country serving county residents. Since the NACo program began seven years ago, it has saved county residents nationwide more than $470 million. Nearly 38 million prescriptions have been filled through the program. Currently, all counties in the State of Hawaii participate in the NACo program. The association considered many factors before making the endorsement. Those factors include the program's past successful track record, staff and marketing support, history of proven savings, size of the participating pharmacy network, legal compliance and customer service. The new endorsement agreement includes funding for the association of $.40 for each prescription when the NACo card gives the best price and does not affect the savings percentage to residents. HSAC will partner with NACo and the program administrator, CVS Caremark, to grow the program and get cards into the hands of more county residents so they can benefit in these tough times. Highlights and Features of the NACo Prescription Discount Card Program include: It's Free—No cost to the county, no cost to taxpayers. Valuable Discounts—Average savings program -wide of 24% and savings up to 75% on an individual prescription. Generates Goodwill—County officials are able to generate some positive media publicity and NACo will assist you by generating and placing press releases. Easy Access—Residents can obtain a printed card or may print one conveniently from the web at www.nacorx.org. Marketing Support—Card and stands shipped to pharmacies and multiple county locations, unlimited free materials, press and PSA assistance. NACo will work with you to design a campaign based on your needs. Marketing Reimbursement Fee—New in 20121 The NACo program offers an option for counties to receive a $1 per prescription marketing reimbursement fee when the card gives the best price. Counties that do not want to receive the reimbursement can continue with the existing program and expect a 2 to 2.5% increase in savings to residents. For more information on implementing this great program or enhancing your current efforts, please go to NACo's website at www.naco.oM Select "Solutions Center" from the top of the screen and click on the "NACo Prescription Discount Card Program" icon or any link to the program on the page. NACo membership staff can also be reached toll-free at 1- 888-407-NACo (6226) and ask for "membership." [§613-3] Board of advisors. (a) A board of advisors of the center for alternative dispute resolution, consisting of nine members, shall be appointed by the chief justice. The board shall: (1) Foster greater understanding of the center and its purpose by government agencies and by the general public; (2) Assist the center in disseminating information about the uses, applications, and advantages of alternative dispute resolution; and (3) Strengthen the acceptance and utilization of alternative dispute resolution by government agencies and the public. (b) The board of advisors shall include two representatives from the executive branch, two from the legal community, two from the Hawaii state association of counties, and three from the public at large. The board shall meet from time to time to review the center's work and to advise the chief justice and staff of the center regarding the use of alternative dispute resolution methods for matters involving or affecting government agencies and the general public. The board of advisors may add ex officio members as they deem beneficial or desirable to help achieve the center's purposes. All members of the board shall serve without pay. [L 1989, c 346, pt of §2; am L 1991, c 131, §11 Previous Vo113 Ch0601-0676 Next [§229-2] Hawaii sister -state committee. There shall be established the Hawaii sister -state committee, to be placed within the department of business, economic development, and tourism for administrative purposes only, consisting of five members appointed by the governor as provided in section 26-34. The purpose of the committee shall be to advise the governor and the legislature on matters relating to sister -state or province relations and relations, in general, between the State and the states or provinces of foreign countries. The governor shall appoint five members, one member from each of five lists of nominees submitted respectively by the following: (1) Speaker of the house of representatives; (2) President of the senate; (3) Native Hawaiian cultural organization; (4) East-West Center; and (5) Hawaii State Association of Counties. A chair and vice chair of the committee shall be appointed by the committee members from among themselves. Members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 2006, c 150, pt of §2] Previous Vo104 Ch0201-0257 Next 0 Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii & City & County of Honolulu AGENDA HSAC EXECUTIVE COMMITTEE MEETING Tuesday, September 11, 2012 at 10:00 a.m. Honolulu Hale, Committee Meeting Room Honolulu, Hawaii I. CALL TO ORDER II. APPROVAL OF AGENDA III. MINUTES A. Minutes of the August 31, 2012 HSAC Executive Committee Meeting, submitted by the HSAC Secretary. IV. REPORTS A. Treasurer's Report i. Treasurer's Report for the month of August 2012, submitted by the HSAC Treasurer. B. County Reports i. County of Maui Report ii. County of Hawaii Report iii. City and County of Honolulu Report iv. County of Kauai Report C. National Association of Counties (NACo) Report D. Western Interstate Region (WIR) Report V. UNFINISHED BUSINESS A. Communication (August 21, 2012) from Vice Chair K. Angel Pilago, Hawaii County Council, transmitting for the Executive Committee's approval the following proposals, which were approved by the Hawaii County Council at its meeting on August 15, 2012, to be included in the 2013 HSAC Legislative Package: i. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING 4396 Rice Street, Suite 209, Lihu`e, Kauai, Hawaii 96766, (808) 241-4188 HSAC Executive Committee Meeting Agenda September 11, 2012 Page 12 ii. A BILL FOR AN ACT RELATING TO THE DEFINITION OF INDIGENT AND PARTIALLY INDIGENT iii. A BILL FOR AN ACT RELATING TO GALLONAGE TAX ON LIQUOR VI. NEW BUSINESS A. Communication (August 29, 2012) from City Clerk Bernice K.N. Mau, City and County of Honolulu, transmitting for the Executive Committee's information and approval of the following proposals, which were approved by the Honolulu City Council at its meeting on August 15, 2012, to be included in the 2013 HSAC Legislative Package: i. Resolution 12-179: A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE ii. Resolution 12-180: A BILL FOR AN ACT RELATING TO LANDOWNER LIABILITY iii. Resolution 12-181: A BILL FOR AN ACT RELATING TO VOTING iv. Resolution 12-182: CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF STATE, THE DEPARTMENT OF HOMELAND SECURITY, AND THE UNITED STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS FOR THE PEOPLE'S REPUBLIC OF CHINA V. Resolution 12-183: RESOLUTION/CONCURRENT RESOLUTION URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX vi. Resolution 12-184, CDL A BILL FOR AN ACT RELATING TO HAWAII EMPLOYER -UNION HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES vii. Resolution 12-186: A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM viii. Resolution 12-187: A BILL FOR AN ACT RELATING TO ELECTRONIC WASTE RECYCLING HSAC Executive Committee Meeting Agenda September 11, 2012 Page 13 ix. Resolution 12-190: APPROVING NOMINEES TO THE BOARD OF DIRECTORS OF THE NATIONAL ASSOCIATION OF COUNTIES AND THE WESTERN INTERSTATE REGION X. Resolution 12-191: A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS B. Communication (August 30, 2012) from Council Chair, Jay Furfaro, Kauai County Council, transmitting for the Executive Committee's approval the following proposals, which were approved by the Kauai County Council at its meetings on August 22, 2012 and August 29, 2012, to be included in the 2013 HSAC Legislative Package: i. A BILL FOR AN ACT RELATING TO ENERGY RESOURCES ii. A BILL FOR AN ACT RELATING TO AFFORDABLE HOUSING CREDITS C. Communication (September 4, 2012) from Councilmember Elle Cochran, Maui County Council, requesting that the Executive Committee extend the deadline for consideration of the 2013 HSAC Legislative Package until the HSAC Executive Committee Meeting in October, to consider a proposal that is scheduled for the Maui County Council's September 21, 2012 meeting. VII. ANNOUNCEMENTS A. Schedule next meeting B. Other announcements ►iA :�l�l� 61 X K. ANGEL PILAGO Vice Chair Council District 8 -- North Kona August 21, 2012 HAWAII COUNTY COUNCIL West Hawaii Civic Center, Bldg. A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'i 96740 Mel Rapozo, President Hawai'i State Association of Counties (HSAC) 4396 Rice Street, Suite 209 L-ihu'e, HI 96766 Dear President Rapozo: Phone: (808) 323-4280 Fax: (808) 329-4786 Email: apilago@co. hawaii. hi. us This is to inform you that the Hawai'i County Council at its meeting on August 15, 2012, approved Resolutions 287-12, 288-12, and 289-12 (the official signed resolutions will be forwarded directly from the County Clerks office). These resolutions request for consideration by HSAC to include referenced proposed bills in the 2013 HSAC Legislative Package. 1) Resolution 287-12 containing A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING, 2) Resolution 288-12 containing A BILL FOR AN ACT RELATING TO THE DEFINITION OF INDEIGENT AND PARTIALLY INDIGENT. 3) Resolution 289-12 containing A BILL FOR AN ACT RELATING TO GALLONAGE TAX ON LIQUOR. The Hawai'i County Council encourages HSAC to give strong consideration to submit these items, on its behalf, to the 2013 Legislative session. Should you have any questions or need additional information, please feel free to contact me or a member of my staff. Sincerely, K. Angel Pilago KAP/jks Attachments Serving the Interests of the People of Our Island Hawaii County Is an Equal Opportunity Provider And Employer ,1�YY W COUNTY OF HAWAIII STATE OF HAWAII RESOLUTION NO. 2S? 12 A RESOLUTION TO THE HAWAII STATE ASSOCIATION OF COUNTIES URGING IT TO INCLUDE AS PART OF ITS 2013 LEGISLATIVE PACKAGE A REQUEST TO REVISE AND CLARIFY AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING, AS PROVIDED IN CHAPTER 486 OF THE HAWAII REVISED STATUTES. WHEREAS, Resolution 158-11 to the Hawaii State Association of Counties urging it to include as part of its 2012 Legislative Package a request to revise and clarify Agricultural Product Branding and Country or Region of Origin Labeling, as provided in Chapter 486 of the Hawaii Revised Statutes was duly adopted by the Council on October 5, 2011; and WHEREAS, Hawaii Revised Statutes (hereinafter "HRS"), Section 486-1 states in the definition of "misbranded" that such term includes (underscoring provided for emphasis only): (1) False, incomplete, incorrect, or misleading labeling; (2) Misrepresentation as to the identity, guantity, quality, or point of origin; (3) Misrepresentation as to the principal place of business of the manufacturer, packer, or distributor; (4) Misrepresentation by vignette, pictorial display, identifiable geographical location, or by any term, word, or phrase in juxtaposition to any other information associated with, labeled on, or accompanying the consumer commodity which falsely alludes to a specific point of origin, a general locale such as a state, or to historical usage by a people; (5) Misrepresentation as to originality or creativity; (6) Misrepresentation of the consumer commodity as an imitation of another or as an imitation of a generic product; and (7) Misrepresentation in any other manner tending to confuse the prospective purchaser, WHEREAS, HRS, Section 486-1 provides the following definition for "perishable consumer commodity" (underscoring provided for emphasis only): ""Perishable consumer commodity" means any article, product, good, or agricultural commodity of any kind that is customarily produced or distributed for sale through mercantile or retail sales outlets; is intended for consumption as food or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions; and is intended to have a limited shelf life. "Perishable consumer commodity" includes, but is not limited to, baked goods, dairy products, cut or dried flowers, coffee, candy, cookies, jam, jelly, juices, oils, nuts, or similar products." WHEREAS, HRS, Section 486-7, Specific powers and duties of the board; rules, states in paragraph (9) of subsection (b) that the Board of Agriculture may adopt rules that include (underscoring provided for emphasis only): "(9) Practices to assure that amounts of commodities or services sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest." WHEREAS, HRS, Section 486-110, Method of sale of commodities; general, provides in part that (underscoring provided for emphasis only): "All methods of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. The board may adopt such reasonable rules as may be necessary to assure that the measure of any commodity for sale reflects accurate information and fair measurement practices to all concerned." WHEREAS, HRS, Section 486-111 Packages; information required; variations; exemptions, states in part that: "Except as otherwise provided in this chapter, any package introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale, shall bear on the outside of the package definite, plain, and conspicuous declarations of (1) The identity of the commodity in the package, unless the commodity can be identified easily through the wrapper or container; (2) The net quantity of the contents in terms of measure." WHEREAS, HRS, Section 486-113, Deceptive package, states in part that (underscoring provided for emphasis only): "No commodity shall be so wrapped or labeled, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the commodity in the package, and the contents of a container shall not fall below such reasonable standard of fill as has been prescribed for the commodity by rule of the board." WHEREAS, HRS, Section 486-118, Misbranding, states (underscoring provided for emphasis only): "[§486-118] Misbranding. (a) No person shall deliver for introduction, hold for introduction or introduce into the State; or keep, offer, or expose for sale; or sell any consumer commodity which is misrepresented or misbranded in any manner. (b) The board, pursuant to section 486-7 and chapter 91, shall adopt rules relating to misbranding. The rules may: K (1) Require any person involved in the manufacture, processing, production, assembly, fabrication, or importation of a specified consumer commodity to keep and make available for inspection or copying by the administrator adequate records to substantiate the source of the consumer commodity, or in the case of blends, the source of such constituents, as may be required by the board; (2) Establish fanciful names or terms, and in the case of blends, minimum constituent content by weight, to be used in labeling to differentiate a specific consumer commodity from an imitation or look-alike; and (3) Establish requirements to reconcile the respective volumes of specific consumer commodities received versus the total amounts output, either as whole or processed product or as blends. In addition, the board may adopt other rules as it deems necessary for the correct and informative labeling of consumer commodities." WHEREAS, HRS, Section 486-119, Hawaii -made products; Hawaii -processed products, states (underscoring provided for emphasis only): 1486-119 Hawaii -made products; Hawaii -processed products. (a) No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other means misrepresents the origin of the item as being from any place within the State, or uses the phrase "made in Hawaii" as an advertising or media tool for any craft item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State. (b) Subsection (a) notwithstanding, no person shall keep, offer, display, expose for sale, or solicit the sale of any perishable consumer commodity that is labeled "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" or that by any other means represents the origin of the perishable consumer commodity as being from any place within the State, or use the phrase "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" as an advertising or media tool for any perishable consumer commodity, unless the perishable consumer commodity is wholly or partially manufactured, processed, or produced within the State from raw materials that originate from inside or outside the State and at least fifty-one per cent of the wholesale value of the perishable consumer commodity is added by manufacture, processing, or production within the State." WHEREAS, HRS, Section 486-120, "Island fresh" milk, states in part that (underscoring provided for emphasis only): "(a) No person shall keep, offer, display, expose for sale, or solicit for the sale of any processed milk or milk product which is labeled with the term "island fresh", or like terms, or which by any other means misrepresents the origin of the item as being from any place within the State unless the processed milk or milk product has been at least ninety per cent, by weight, produced in the State." WHEREAS, HRS, Section 486-120.5, Macadamia nuts; labeling requirements, subsection (b), states in part that (underscoring provided for emphasis only): "If a label on a consumer package contains language that a portion of the raw or processed macadamia nuts contained in the package was grown in Hawaii, the label shall be worded "Hawaii -Grown Macadamia Nuts", preceded by the per cent by weight of the macadamia nuts contained in the package that were grown in Hawaii, and shall appear on the principal display panel of the package." WHEREAS, HRS, Section 486-120.6, Hawaii -grown roasted or instant coffee; labeling requirements, states in part that (underscoring provided for emphasis only): "(a) In addition to all other labeling requirements, the identity statement used for labeling or advertising roasted or instant coffee produced in whole or in part from Hawaii -grown green coffee beans shall meet the following requirements: (2) For roasted or instant coffee consisting of a blend of one or more Hawaii - grown coffees and coffee not grown in Hawaii, the per cent coffee by weight of one of the Hawaii -grown coffees used in the blend, followed by the geographic origin of the weight -specified coffee and the term "Coffee Blend"; and "(c) "It shall be a violation of this section: (2) To use a geographic origin in labeling or advertising, including in conjunction with a coffee style or in any other manner, if the roasted or instant coffee contains less than ten per cent coffee by weight from that geogLaRhic origin." WHEREAS, the practice of protecting milk (90%) but disadvantaging both macadamia nuts (10%) and coffee (10%), as well as many other crops, is discriminatory to the growers of these crops and contradicts several sections of the HRS, such as (underscoring provided for emphasis only): 1. The definition of "misbranding" (HRS 486-1) for providing incomplete information, misrepresentation as to the identity or point of origin, identifiable geographical location, and the historical usage by a people, misrepresentation of the consumer commodity as an imitation of another or as an imitation of a generic product, or misrepresentation in any other manner tending to confuse the prospective purchaser. If country of origin or the majority percentage of the product is not identified on the front label in large font, then the consumer cannot determine if the product meets his or her needs. Therefore, the consumer needs to be protected from misbranding of any food product by identifying the majority of the product by country or region of origin instead of only ten to fifty percent of the product; and 2. The definition of "practices" (HRS 486-1) "to assure that amounts of commodities or services sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all Mies at interest." If the front label is not informative as to country or region of origin for the majority of the product, the consumer may inadvertently purchase a non -Hawaiian commodity product. Therefore, the consumer as a party at interest needs information to determine what he or she is actually buying on the front label; and 4 3. The Board must require "practices to assure that amounts of commodities or services sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest" (HRS 486-7). The parties most interested in the product content are the consumers who should be able to instantly understand from the label what the contents are by percentage for each country or region of origin. 4. The Board must require that "...All methods of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. The board may adopt such reasonable rules as may be necessary to assure that the measure of any commodity for sale reflects accurate information and fair measurement practices to all concerned" (HRS 486-110). Therefore, fair measurement without full disclosure on the front label of the point of origin or the percentages from each point of origin is deceptive, and the consumer is disadvantaged by a lack of information as to the origin of the product. 5. HRS, Section 486-110 also provides that the consumer shall have enough information to allow price and quantity comparisons. Withholding sufficient information as to the country or point of origin disallows such comparisons; and 6. Part of the information that the package shall bear on the outside of the package in its "definite, plain, and conspicuous declarations" is the identijy of the commodity in the package which should include all points of origin, and the net quantity of the contents in terms of measure which should include the percentage of each point of origin (HRS 486-111). The current loophole in the law allows processors to disadvantage the consumer by hiding pertinent information. The net measure should be more thanjust the weight or measure of the total product. It should include country or region of origin by percentage. Therefore, the consumer is entitled to know the exact composition of the product rather than only ten to fifty percent of the product; and 7. Misleading a consumer is not allowed in Hawaii, as HRS, Section 486-113 so states. While this section refers to the fill amount, its protection also extends to protecting the consumer if the labeling is misleading. Providing information about only ten percent of a product is deceptive and misleading. Therefore, the consumer needs to know the weight and percentage of each component of the product by country or region of origin; and 8. If the administrator is provided substantive information as to the content and point of origin of a product, in the case of blends, the source of such constituent parts, should be provided to the consumer to differentiate a specific consumer commodity from an imitation or "look-alike" (HRS 486-118). Therefore, if the administrator is entitled to complete information, then so is the consumer. When ten percent or even fifty percent of a product is not identified by country or region of origin, the consumer may falsely believe that he or she is purchasing an entirely different product from what the label reads. This imitation or look-alike product may confuse the consumer into buying something he or she did not intend to buy. To correctly, accurately, and thoroughly label consumer products is the very least our consumers deserve; and 9. When 51 % of the wholesale value is added by manufacturing, assembling, fabricating, or production outside of the State or Country (HRS 486-11), a loophole is created that allows foreign products to use the name of "Hawai`i", "Hawaiian", or the "Hawaiian country or region of origin" in an effort to deceive the public and promote that foreign product. "Made in Hawaii" becomes misleading because only 49% of the product may originate in Hawaii, with the remainder coming from a source outside of the State or Country. This should be remedied by full disclosure of the origins of the all components of the item. This problem also negatively impacts perishable agricultural products. The 51% added by processing disadvantages the Hawaii grower, reduces the Hawaii product purchased, confuses the consumer, and limits the revenue to the agricultural industry in Hawaii. As a result, manufacturers have a loophole in this section. By adding 51 % of the wholesale value, manufacturers or processors claim a Hawaii, Hawaiian, or Hawaiian regional origin. A perishable consumer commodity that is grown in the State of Hawaii should contain more than 51 % of a "Hawai`i", "Hawaiian", or "Hawaiian regional product" constituent part. Value-added products or blends should be required to have at least 75% of the perishable consumer product that is grown in Hawaii; and 10. HRS, Section 486-120 protects milk products by requiring 90% of the milk to be produce in-state. Other agricultural products should require much more than 10% or even 50% before that product can be labeled with a Hawaii, Hawaiian, or a Hawaiian regional name; and 11. The current language of HRS, Section 486-120.5 allows discrimination by product such as, macadamia nuts, which like coffee and other products receives a discriminatory lack of protection, and the farmers growing these products are financially disadvantaged; and 12. As a result of the language in HRS, Section 486-120.6, a loophole is created allowing processors to use a minimum of 10% of any Hawaii -grown product and claim a Hawaiian point of origin. This is deceptive and false advertising to our consumers because a ten percent blend is not distinguishable from the 901/o out -of -country portion of the blend, degrades the Hawaiian regional identities by producing a diluted Hawaiian product, and is a poor bargain from a price standpoint since the value of the Hawaiian product is massively greater than an out - of -country product. Additionally, other perishable Hawaiian products use much higher percentages and this minimum ten percent or even fifty percent is discriminatory against specific products which inflates the processors profit to the detriment of the growers; and WHEREAS, the Market Development Branch of the State Department of Business, Economic Development and Tourism has stated that Kona coffee growers and marketers are missing major opportunities for marketing in Asia, with emphasis on Mainland China (PRC) and Taiwan, because consumers in those countries are confused by "blends" and want to be assured that they are buying 100% Kona coffee. This problem impacts every growing region in the state that grows coffee or any other product. Regional identity sells product, which is why the processors want to use our geographic names, but not provide at least 75% of our agricultural products in their final product. They save money and Hawaii growers lose money; and WHEREAS, other States promote and encourage the geographic identity of their homegrown products (for example, Washington Apples, Florida Oranges, Vidalia Onions, Idaho Potatoes, and Napa Valley Wines). This type of regional and geographic branding is vitally important to growers and ultimately, the State through our tax dollars; and WHEREAS, it is essential that the State of Hawaii strengthen its statutory requirements to protect the agricultural industry with State legislation serving as a basis for Federal legislation 1.1 to protect the Hawaii and Hawaiian geographic names in consumer outlets on the mainland United States and in foreign countries; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it requests the Hawaii State Associations of Counties to include in its 2013 Legislative Package, a draft bill to amend Chapter 486 of the Hawaii Revised Statutes labeled "Exhibit A" and the justification sheet for this action labeled "Exhibit B." BE IT FINALLY RESOLVED, that the County Clerk shall forward copies of this resolution to the President of the Hawaii State Association of Counties, and the respective Mayors of the counties of Hawaii, Kauai, Maui, and the City and County of Honolulu. Dated at , Hawai`i, this COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: day of 2012. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER W1 ROLL CALL VOTE AYES NOES ABS EX BLAS FORD HOFFMANN IKEDA ONISHI PILAGO SMART YAGONG YOSHIMOTO Reference: C-804/GRC— RESOLUTION NO. 287 12 EXHIBIT A Page 1 . B. NO. A BILL FOR AN ACT RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Hawaii Revised Statutes, Chapter 486, Measurement Standards, Part V, Measurement Standards, Uniform Packaging and Labeling is amended to add a new section 486-120.7 to read as follows: "4486-120.7 Agricultural product branding and country or region of oriein labeline. (a) All agricultural productsrg own, packaged, or sold in Hawaii shall conform to the following conditions: Honey, macadamia nuts, coffee, tea, vanilla, and any other plant or animal products for which any information or name indicating "Hawai`i", "Hawaiian", or any region of Hawaii, and where the product is less than 100% gown in Hawaii, shall after the word "Contains:" list on the front label the country or region of origin and the percentage of each country's or region's portion of the product in descending order of percentage and in font size at least equal to one-half the size of the largest font on the front label. (Spices are exempted unless spice is the major portion of the product.) (b) All agricultural products claiming to be 100% grown in Hawaii shall be labeled to conform to the following condition: (1) A minimum of 100% Hawaii- rg own product shall be included in the package for the front label to say, with or without Hawaiian okinas, in a font size at least equal to one-half the size of the largest font: "100% Hawaii (product)" or "Hawai`i (prodggE "100% Hawaii -Grown (product)" or "Hawai`i-Grown (product)"; "100% Grown in Hawaii"; "100% Hawaii -Made (product)" or "Hawai`i-Made (product)"; "100% Hawaiian -Made (product)" or "Hawaiian -Made (product)"; "100% Made in Hawai `i"; or "100% Hawaiian (product)" or "Hawaiian (product)". (2) Spices are exempted unless spice is the maior portion of the product. C) All agricultural vroducts claiming to be 100%-Rrown in a single Hawaiian region shall be labeled to conform to the following conditions: (1) A minimum of 100% of the Hawaiian regionally -grown product shal l be included in the package for the front label to say, with or without Hawaiian okinas, in a font size at least equal to one-half the size of the largest font: (A) Regional names: "100% (Region) (product)" or "(Region) (product)"; "100% (Region) -Grown (product)" or "(Region) -Grown (product)"; "100% (Region) -Made (product)" or "(Region) -Made (product)"; or "100% (Region) (product)". (B) In the case of a blend that contains 100% products from multiple Hawaiian islands: "100% Hawaiian Islands (product) Blend" or "100% Hawaii Islands (product) Blend". (2) Spices are exempted unless spice is the major portion of the product. (d) All packaging and labeling for products claiming to contain some but less than 100% Hawai`i.grownproduct shall conform to the following conditions: (1) A blended plant or animal product labeled with the words "Hawai`i" "Hawaiian" or the name of any Hawaiian region (e.g. "75% Kona Coffee Blend") shall: (A) Contain a minimum of 75% of that named region's agricultural or animal product and shall use the word "Blend" in the identification of the product-, List the percentage number of the majority portion of the product (e.g. "75% (region) product)"): and (CC) List after the word "Contains:" in descending order, and after the majority content the remainder of the product by percentage and country or Hawaiian region of origin, with or without okinas, for example: "15% Argentina (product)" and "10% Congo (product)"; "15% Argentina product)" and "10% Maui (product)"; or "25% Maui and Kauai (product)" (The bulk listing of percentages shall be allowed for Hawaiian regions only); and (D) The labeling required in (1), (2), and (3) above shall be printed on the front label in a font size at least equal to one-half the size of the largest font on the front label. (2) Any blended product that contains less than 75% of a Hawaiian product shall not use the names "Hawai`i" "Hawaiian" or any Hawaiian regional name on the front label, except in the contents list which shall identify on the front label the countries or geographic regions of origin for the entire product with the percentage for each country's or region's portion of the product in a font size at least equal to one-half the size of the largest font on the front label." SECTION 2. Nothing stated on side or back labels on any product subject to this section shall be inconsistent with statements appearing on the front label. SECTION 3. To the extent the provisions of this section are inconsistent with the labeling requirements of HRS Sections 486-120.5, 486-120.6, or 486-119, or any other statutory section, the provisions of this section shall apply. SECTION 4. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 5. The effective date of this ACT shall be 18 months from the date the legislation is passed by the State Legislature. The passage of this ACT shall begin the 18 -month time period for the effective date to take effect. INTRODUCED BY: 3 EXHIBIT B JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING IN HAWAII REVISED STATUTES, SECTION 486. PURPOSE: To amend HRS Chapter 486 on branding agricultural products and labeling with the country or region of origin to protect Hawai`i's regional crops and our growers investment,, provide protection of the consumer, prevent misleading information on labels, be informative to all parties of interest, create an identity for Hawaii agricultural products, increase the minimum percentage in blends of any product to 75% before a Hawaiian or Hawaii regional name may be placed on the label, and equalize all agricultural products in the way products are labeled and blended. MEANS: Amend HRS Chapter 486 to make all agricultural products fairly and accurately labeled with a minimum percentage of Hawaiian products and country or region of origin so the consumer knows exactly what they are buying from the front label. JUSTIFICATION: Milk products require 90% of the product to be produced in Hawaii before the name of "Island Fresh" may be allowed on the label. However, other Hawaiian products, coffee, tea, vanilla, and macadamia nuts products are allowed to have as low as 10% Hawaiian product and be labeled with a Hawaiian regional name and the word, "blend". This is discriminatory, disadvantages the growers, confuses the consumer, degrades our Hawaiian products, and makes a mockery of the regional quality of our products. Additionally, HRS 486 specifically and in numerous sections, prohibits unfair or misleading the consumer, or misrepresents the origin of the product. HRS 486-110 specifically states "measure of any commodity for sale reflects accurate information and fair measurement practices to all concerned". Section 486 needs to be amended to protect the growers and consumers. COUNTY OF HAWAII •�STATE OF HAWAII or RESOLUTION RESOLUTION NO. 268 12 RESOLUTION REQUESTING THE HAWAII STATE ASSOCIATION OF COUNTIES TO INCLUDE IN ITS 2013 LEGISLATIVE PACKAGE AN AMENDMENT TO THE HAWAII REVISED STATUTES, SECTION 802-4, BY AMENDING THE DEFINITION OF "INDIGENCY" AND "PARTIAL INDIGENCY" FOR CRIMINAL DEFENDANTS AND ESTABLISH CRITERIA TO CLEARLY DELINEATE CIRCUMSTANCES IN WHICH COURT-APPOINTED COUNSEL IS NECESSARY. WHEREAS, Resolution 168-11 requesting the Hawaii State Association of Counties to include in its 2012 Legislative Package an amendment to the Hawaii Revised Statutes, Section 802-4, by amending the definitions of "Indigency" and "Partial Indigency" for Criminal Defendants and establish criteria to clearly delineate circumstances in which court-appointed counsel is necessary was duly adopted by the Council on October 5, 2011; and WHEREAS, the State of Hawaii has no concrete definition or criteria defining "indigency". Moreover, Hawaii Revised Statutes, section 802-4 grants the Office of the Public Defender the exclusive right to determine whether or not a criminal defendant is indigent, and states as follows: "§802-4 Determination of indigency. Unless otherwise ordered by the court, the determination of indigency shall be made by a public defender, subject to review by the court. Such determination shall be based upon an appropriate inquiry into the financial circumstances of the person seeking legal representation and an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel. A person shall waive the person's right to counsel by refusing to furnish any information pertinent to the determination of indigency"; and WHEREAS, at present, the State of Hawai`i's process for determining indigency lacks legal necessities required by other states for criminal defendants; and WHEREAS, many states have a concrete cut-off point for indigency classification, such as; Washington State asserts that if a criminal defendant, after paying taxes, has an annual income of one hundred twenty-five percent (125%) or less of the current federally established poverty level, he/she is indigent. The Georgia State Courts, which declares that for misdemeanor cases, criminal defendants must earn less than one hundred twenty-five percent (125%) of the Federal Poverty Guidelines in order to qualify as indigent; however, in felony cases, criminal defendants must earn less than one hundred fifty percent (150%) of the Federal Poverty Guidelines in order to qualify as indigent; and WHEREAS, currently, the Office of the Public Defender for the State of Hawaii uses a very basic questionnaire. The form inquires briefly about the criminal defendant and defendant's spouse's jobs, and then asks criminal defendants to list assets (such as homes, cars and investments); monthly expenses (food, rent, medical/dental); and "Other Debts". Aside from this information, the form contains only biographical information and itemizes any public assistance that the criminal defendant is receiving. While this information is certainly essential, it is merely a starting point for an in-depth investigation of the applicant's financial circumstances; and WHEREAS, many other states thoroughly examine the criminal defendant's finances and assets. Their assessment include questions regarding other persons living in the household (including children, dependants and contributing members of the household), as well as provide space for listing more than one job. Additionally, many states request substantially more data regarding the criminal defendant's assets, including: income provided to criminal defendant by individuals other than himself and his spouse, retirement benefits, any alimony/child support received, sporting equipment (such as boats and motorcycles), money owed to the criminal defendant, personal property of worth (such as appliances), "other valuable property" (such as gold, precious stones, jewelry, works of art, farm equipment, etc.), and the amount of cash a criminal defendant has on hand. It is only with a comprehensive inventory that the State will be able to make an accurate determination as to whether the criminal defendant warrants government -funded public defense for criminal actions; and WHEREAS, the Office of the Public Defender uses a standardized form to gather financial information on criminal defendants; however, they are not required by law to verify the information listed. The Office of the Public Defender is merely required to conduct "an appropriate inquiry into the financial circumstances of the person seeking legal representation", and obtain "an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel." Although criminal defendants must sign a sworn affidavit which, if inaccurate could result in prosecution, studies show that this process rarely deters untruthful parties. Furthermore, the Office of the Public Defender neither reports, nor furnishes the criminal defendant's request forms, to the Office of the Prosecutor when they find that the information provided is fraudulent; and WHEREAS, Office of the Public Defender's non-objective determinations are neither fair nor adequate because bias is present. As a result of this non-objective screening, it is certain that on occasion criminal defendants, who are in fact quite wealthy, and perfectly able to afford representation, are deemed to be indigent. Some designations of indigence may streamline the determination process by eliminating the need to gather and verify additional and substantial financial data; and WHEREAS, it is reasonable to require pay stubs and tax returns to accurately establish income. Similarly, employer verification, information from landlords/property managers can be useful in showing assets. It is not unusual to compel permission to run credit reports and retrieving banking information, before determining parties to be indigent. If a criminal defendant is already receiving public assistance, a number of jurisdictions automatically deem him indigent. By not verifying criminal defendants' financial information, the State runs a risk of providing public attorneys to individuals who can actually afford private counsel. This in turn, wastes scarce resources and runs the risk of providing sub -standard services to all people, which is poor public policy and constitutionally unsound; and WHEREAS, there are a number of difficulties when it comes to deciding which entity/entities should ultimately verify criminal defendants' applications for court-appointed counsel. While government entities certainly have more specialized knowledge, a conflict of interest is almost unavoidable. If prosecutors screen the cases, they can threaten to deny a criminal defendant counsel, unless he pleads guilty. If the public defenders office verifies the indigency of potential cases, they run the risk of allowing their personal interests to affect their decisions as to accept or reject a criminal defendant. If the presiding judiciary is responsible for verifying indigency, it may violate the American Bar Association Model Code of Judicial Conduct. In 2008, the Nevada Supreme Court developed the applicable rule stating that a "determination of indigency should be performed by an independent board, agency, or committee, or by judges not directly involved in the case"; and WHEREAS, economic verification of potential indigents costs money so a number of jurisdictions charge an application fee for every person who is interested in receiving a public defender, and if the criminal defendant cannot pay the fee in advance, the amount is added to the judgment and sentence if the criminal defendant is convicted; and WHEREAS, a number of states use the "partially indigent" definition to distinguish those who are truly indigent from those who can contribute limitedly to the cost of their counsel. This label would be appropriate when criminal defendants are deemed partially able to pay for their own counsel; and WHEREAS, some criminal defendants who should not have a public defender falsely obtain a public defender and then request a jury trial which costs the State of Hawaii thousands if not millions of dollars; and WHEREAS, because the State of Hawaii has limited resources, it is essential that we make certain that funding is appropriately disbursed. The technique that is currently in place to evaluate the need for and assign court-appointed counsel is inefficient and outdated; furthermore, it discourages both consistency and fairness. These changes will create a far more defined and regulated system, and will streamline the process of determining indigency, ensuring that the constitutional rights of indigent people are met equitably; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Hawaii State Association of Counties include in its 2013 Legislative Package, a draft bill to amend Hawaii Revised Statutes, section 802-4 labeled "Exhibit A" and the justification Sheet for this action labeled "Exhibit B." BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the Hawaii State Association of Counties and the respective Mayors of the Counties of Hawaii, Kauai, Maui, and the City and County of Honolulu. Dated at , Hawai` i, this day of , 2012. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai` i on ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 4 CALL VOTE AYES I NOES I ABS I EX BLAS FORD HOFFMANN IKEDA ONISHI PILAGO SMART YAGONG YOSHIMOTO Reference: C-$05/Waived GRC RESOLUTION NO. 288 1Z THE TWENTY- LEGISLATURE, 2013 STATE OF HAWAII EXHIBIT A A BILL FOR AN ACT RELATING TO THE DEFINITION OF INDIGENT AND PARTIALLY INDIGENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Section 802-4, Hawaii Revised Statutes, is amended to read as follows: "§802-4 Determination of indigency. f_al Unless otherwise ordered by the court, the determination of indigency shall be made by [ eourt] an independent board, agency, or committee, or by fudges not directly involved in the case and shall be known as the verification officers. Such determination shall be based upon an appropriate and thorough inquiry into the financial circumstances of the person seeking legal representation and an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel. A person shall waive the person's right to counsel by refusing to furnish any information pertinent to the determination of indigency. !b) The definition of "indigent' shall be based on an objective determination of annual income and other resources, and shall comply with the following: a. For misdemeanor cases, criminal defendants must earn less than one hundred twenty-five percent (125%) of the Federal Poverty Guidelines in order to qualify as indigent. b. For felony cases, criminal defendants must earn less than one hundred fifty percent (150%) of the Federal Povertv Guidelines in order to qualify as indigent. (c) Financial Standards for Determining Indigence. U1 The financial standards set forth below shall be used to determine whether a defendant is indigent and shall be applied equally to each defendant in the county. In determining whether a defendant is indigent, the verification officers may consider the defendants income, assets, property owned, outstanding obligations, necessary expenses, the number and ages of defendant's children, and spousal income that is available to the defendant. A defendant is considered indigent if: 1. The defendant's net household income does not exceed _125% of the Poverty Guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register; and 2. The value of the non-exempt assets and property owned by the defendant: fil does not exceed $2,500.00; ii does not exceed $5,000.00 in the case of a defendant whose household includes a person who is are 60 or over, disabled, or institutionalized; or iii does not exceed double the estimated cost of obtaining competent private legal representation on the offense(s) with which the defendant is charged. The following table indicates income levels guidelines: The income levels in the following table represent 125% of the U.S. Department of Health and Human Services Poverty Guidelines for 2008. 1 .......................................................$10,400 2 ....................................................... 14,000 3 ....................................................... 17,600 4 ....................................................... 21,200 5 ....................................................... 24,800 6 ....................................................... 28,400 7 ....................................................... 32,000 8 ....................................................... 35,600 For family units with more than eight members, add $3,600 for each additional member in the family when determining 125% of Poverty. DLA A defendant is considered indigent if, at the time of requesting appointed counsel, the defendant or the defendant's dependents have been determined to be eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families Supplemental Security Income, or public housing, (E) A defendant is considered indigent if the defendant: Q is currently serving a sentence in a correctional institution. is currently residing in a public mental health facility or is the suj .ect of a proceeding in which admission or commitment to such a mental health facility is sought, and does not have sufficient funds in his inmate trust account to hire counsel; and Lifthas no non-exempt assets or property in excess of the amounts specified in (b)(2)(B) above. Q Definition of "Partially indigent" (see section 802-6)• A defendant determined to be partially_i_ndigent shall be eligible for appointment of counsel only upon payment to the county of an appointment fee of S100 if charged with one or more misdemeanors or $250 if charged with one or more felonies. If a defendant determined to be partially indigent Pleads or is found guilty, the court may order the defendant to comply with a payment schedule to reimburse the county for all indigent defense costs in the case. I A defendant shall be considered Partially indigent if the defendant does not meet any of the standards for indigence set forth in (b)(2)(B) above and: fift The defendant's net household income is greater than 125% but does not exceed 175% of the Poverty Guidelines as established and revised annually by the United States Department of Health and Human Services and published in the Federal Register; and iLij The value of the non-exempt assets and property owned by the defendant: Az Does not exceed $2,500.00; b. Does not exceed $5,000.00 in the case of a defendant whose household includes a person who is age 60 or over, disabled, or institutionalized; or L. Does not exceed double the estimated cost of obtainin private legal representation on the offense(s) with which the defendant is charged. W Factors Not to be Considered. A defendant's posting of bail or ability to post bail may not be considered in determining whether the defendant is indigent or Partially indigent except to the extent it reflects the defendant's financial circumstances as measured by (b) above. Even when a defendant has posted bail, the defendant's financial circumstances are measured by the financial standards stated in this rule. BB) Except where the Defendant is a iuvenile, the resources available to friends or relatives of the defendant may not be considered in determining whether the defendant is indigent. Only the defendant's financial circumstances as measured by the financial standards stated in this rule shall be used as the basis for determining indigence. M Payment by defendant A court that finds that a criminal defendant has financial resources to offset, in part or in whole, the costs of legal services provided under this Part, may order the defendant to pay the county that portion of the costs of legal services, provided that it finds that the defendant is able to pay. If a defendant is placed on probation or deferred adjudication, the court, as a condition of probation, may require repayment of all or a portion of the county's cost for providing legal representation if it does not impose a substantial financial hardship on the defendant or his legal dependants. Upon a determination of indigency, the Judge presiding over the case shall sign the form indicating the accused is indigent and shall immediately appoint an attorney pursuant to the approved attorney appointment list plan. A uniform, well-defined screening process to gather and verify substantial financial data shall include an in-depth investigation of the applicant's financial circumstances to make an accurate determination as to whether the criminal defendant warrants government -funded public defense. The following is the minimum required information: LI) obtain biographical information; (2) itemize any public assistance that the criminal defendant is receiving; list all jobs held by criminal defendant and defendant's spouse, even Qart- time jobs or cash only iobs; list assets (such as homes in any location, cars and investments); ,� list monthly expenses (food, rent, medicaVdental); f list other debts; other persons living in the household (including children, dependants and contributing members of the household); list all jobs; list income Provided to criminal defendant by individuals other than himself and his spouse; f10� list retirement benefits; (11) list any alimony/child support received or paid, or owed; 12 listsports equipment such as boats and motorcycles); 1'3 list money owed to the criminal defendant; list personal property of worth (such as appliances); list other valuable property (such as gold, precious stones, iewelry,,works of art,_ farm equipment, etc.); and list the amount of cash a criminal defendant has on hand. ffl Fees. M An application fee of $100.00 for one or more misdemeanors and $250 for one or more felonies shall be charged for every Person interested in receiving a public defender to Pay for the cost of verification of financial information. If the criminal defendant cannot pay the fee in advance, the amount is added to the iudament and sentence if the criminal defendant is convicted. Utilize a Promissory note for the application fee which the criminal defendant signs before the disposition of the case. For those defendants who are'partially indent, a contribution plan shall be devised to contribute to the cost of their counsel. If the criminal defendant cannot Pay the fee in advance, the amount is added to the iudement and sentence if the criminal defendant is convicted. Utilize a promissory note for the application fee which the criminal defendant signs before the disposition of the case. fn The Office of the Public Defender shall report and furnish the criminal defendant's request forms to the Office of the Prosecutor or the State Attorney General when they find that the information provided is fraudulent, and advise the criminal defendant that fraudulent information shall result in 60 days iail time or and addition of 60 days fail time to anv sentence to be served consecutively." EXHIBIT B JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO DEFINITION OF INDIGENCY PURPOSE: To promote fairness and consistency within our judicial system, it is proposed that the State of Hawaii reconsider the current indigency definition, establish a screening program for financial need and third party review, and adopt a process which would clearly delineated the circumstances in which court-appointed counsel is necessary. MEANS: Amend HRS 802-4 to: (a) Include a concrete definition of indigency to allow non-objective determination of annual income and other resources. Consider that if a criminal defendant is receiving some variety of public assistance, they may be deemed indigent; (c) Establish indigency at one hundred twenty-five percent (125%) or less of the current federally established poverty level; (d) Include a "partially indigent" designation, which requires criminal defendants to reimburse the state for a portion or all of the cost of court-appointed counsel; (e) Establish a uniform, well-defined screening process that includes an in-depth investigation of the applicant's financial circumstances to make an accurate determination as to whether the criminal defendant warrants government -funded public defense; (f) Require that "indigency" should be performed by an independent board, agency, or committee, or by judges not directly involved in the case, (g) Gather and verify substantial financial data including: biographical information and itemize any public assistance that the criminal defendant is receiving, criminal defendant and defendant's spouse's jobs, list assets (such as homes in any location, cars and investments); monthly expenses (food, rent, medical/dental), other debts, other persons living in the household (including children, dependants and contributing members of the household), provide space for listing more than one job, income provided to criminal defendant by individuals other than himself and his spouse, retirement benefits, any alimony/child support received, sporting equipment (such as boats and motorcycles), money owed to the criminal defendant, personal property of worth (such as appliances), other valuable property (such as gold, precious stones, jewelry, works of art, farm equipment, etc.), and the amount of cash a criminal defendant has on hand; (h) Charge an application fee of at least $100.00 for one or more misdemeanors and $250 for one or more felonies to every person interested in receiving a public defender to pay for the cost of verification of financial information. If the criminal defendant cannot pay the fee in advance, the amount is added to the judgment and sentence if the criminal defendant is convicted. Utilize a promissory note for the application fee which the criminal defendant signs before the disposition of the case; (i) Devise a contribution plan for someone who is partially indigent to distinguish those who are truly indigent from those who can contribute limitedly to the cost of their counsel; (j) Require that the cases represented by public defenders are not chosen arbitrarily; and (k) Require Office of the Public Defender to report and furnish the criminal defendant's request forms to the Office of the Prosecutor (State Attorney General), when they find that the information provided is fraudulent, and advise the criminal defendant that fraudulent information shall result in 60 days jail time or and addition of 60 days jail time to any sentence to be served consecutively. JUSTIFICATION: The State of Hawaii has limited resources, it is essential that we make certain that funding is appropriately disbursed. The technique that is currently in place to evaluate the need for and assign court-appointed counsel is inefficient and outdated; furthermore, it discourages both consistency and fairness. These changes will create a far more defined and regulated system, and will streamline the process of determining indigency, ensuring that the constitutional rights of indigent people are met equitably. 2 os COUNTY OF HAWAII STATE OF HAWAFI RESOLUTION NO. 289 12 A RESOLUTION TO REQUEST THAT THE HAWAII STATE ASSOCIATION OF COUNTIES SUBMIT WITH ITS 2013 LEGISLATIVE PACKAGE TO THE STATE LEGISLATURE AN AMENDMENT TO CHAPTER 244D, SECTION 244D4, HAWAII REVISED STATUTES, RELATING TO INCREASING THE GALLONAGE TAX ON LIQUOR. WHEREAS, Resolution 157-11 to request that the Hawaii State Association of Counties submit with its 2012 Legislative Package to the State Legislature an amendment to Chapter 244D, Section 244D-4, Hawaii Revised Statutes, relating to increasing the Gallonage Tax on Liquor was duly adopted by the Council on October 5, 2011; and WHEREAS, according to "U.S. Department of Transportation, 2009", the County of Hawaii has the highest percentage of fatalities caused by persons driving while under the influence of alcohol in the State of Hawaii and in the nation; and WHEREAS, residents and visitors who drive while under the influence of an intoxicant, or who continue to drive while under the influence of an intoxicant after being arrested, have created costly, emotional and physical pain, and inflicted tragic and intolerable situations for the people and families of the victims they injure and kill; and WHEREAS, costs for first responders, fire fighters, EMS personnel, and police officers, costs for second responder, the Traffic Division, and costs for the Office of the Prosecuting Attorney, are paid for by the respective counties; and WHEREAS, untold millions of dollars are spent by the counties to cover the cost of crashes and crash fatalities involving persons who drive while under the influence of an intoxicant; and WHEREAS, whether occurring on a state or federal highway, expenses associated with these crashes and crash fatalities involving persons who drive while under the influence of an intoxicant accrue to the counties and are not currently reimbursed; and WHEREAS, Section 291E, Hawaii Revised Statutes, established the Blood Alcohol Content (BAC) for any criminal prosecution and, provides in pertinent part, as follows: (1) HRS section 291E -3(a): ".08 or more grams of alcohol per one hundred milliliters or cubic centimeters of the person's blood or .08 or more grams of alcohol per two hundred ten liters of the person's breath—within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques of the person's blood, breath, or urine shall be competent evidence that the person was under the influence of an intoxicant at the time of the alleged violation." (2) HRS section 291E -3(b)(1): "If there were .05 or less grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 or less grams of alcohol per two hundred ten liters of defendant's breath, it shall be presumed that the defendant was not under the influence of alcohol at the time of the alleged violation." (3) HRS section 291E -3(b)(2): "If there were in excess of .05 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .05 grams of alcohol per two hundred ten liters of defendant's breath, but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of defendant's blood or .08 grams of alcohol per two hundred ten liters of defendant's breath, that fact may be considered with other competent evidence in determining whether the defendant was under the influence of alcohol at the time of the alleged violation, but shall not of itself give rise to any presumption."; and WHEREAS, many people drive with a BAC between 0.05 and 0.08, and some of those people may be involved in crashes; WHEREAS, from 1998 to 2011, the Consumer Price Index has increased by over thirty- five percent; and WHEREAS, the gallonage tax on liquor has not been raised since 1998, and the following chart indicates the potential percentage increase and revenue that counties may receive; and 2010 Hawaii $5,849,036 Maui $6,447,013 Kauai $2,774,765 Oahu $29,888,254 Total Tax Revenues increase 10% $584,904 $644,701 $277,477 $2,988,825 increase 20% $1,169,807 $1,289,403 $554,953 $5,977,651 increase 30% $1,754,711 $1,934,104 $832,430 $8,966,476 2 WHEREAS, the following chart shows the current tax per gallon and the potential tax amount based on an increase of thirty percent per gallon; and h � � a cc 6 A U Current Tax/Gallon 1 $5.981 $ 2.12 1 $1.381 $ 0.85 $ 0.93 1 $ 0.54 Increase Tax -- 30% 1 7.78 1 2.76 1 1.801 1.11 1.21 1 0.70 WHEREAS, potential revenues received from a thirty per cent increase of the gallonage tax on liquor would supplement services provided by police, fire, emergency medical services, road cleanup, prosecution associated with crashes involving persons driving while under the influence of an intoxicant, and may also be used for training, equipment, and public service announcements; and WHEREAS, the Council of the County of Hawaii supports a thirty percent increase of the gallonage tax on liquor as an additional source of revenue that would benefit all counties of the State of Hawaii; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Hawaii State Association of Counties include in its 2013 Legislative Package, a draft bill to amend chapter 2441), section 244D-4, Hawaii Revised Statutes labeled "Exhibit A" and the justification sheet for this action labeled "Exhibit B." BE IT FURTHER RESOLVED that revenues received from this tax increase of approximately thirty percent per gallon of liquor shall be placed in a special fund, and the increased tax revenue collected pursuant to this Act shall be reimbursed to the counties, however, fines on the increased tax revenue shall be retained by the State of Hawaii for collection expense. BE IT FURTHER RESOLVED that the counties shall use the increased revenue from the thirty per cent increase in gallonage tax on liquor to pay for Police, Fire, Emergency Medical Services, road clean-up, and prosecution associated with crashes involving driving while under the influence of an intoxicant, and increased tax revenue may also be used to cover expenses relating to training, equipment, and public service announcements associated with reducing occurrences of driving while under the influence of an intoxicant. BE IT FURTHER RESOLVED that tax revenues from the thirty per cent increase in gallonage tax on liquor shall be kept in a special fund by each county, and be accounted for as a separate line item in their respective budgets. BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the Honorable Neil Abercrombie, Governor of the State of Hawaii, the Hawaii State Association of Counties, the President of the State Senate, the Speaker of the State House of Representatives, the House Finance Committee Chairperson, and the respective Mayors of the counties of Hawaii, Kauai, Maui, and the City and County of Honolulu. Dated at Hawaii, this day of 2012. INTRODUCED BY: TCOUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii I AYES NOES ABS EX Hilo, Hawaii [BLAS I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 4 FORD HOFFMANN IKEDA ONISHI PILAGO SMART YAGONG YOSHIMOTO Reference: C-806/Waived GRC RESOLUTION NO. 289 12 EXHIBIT A THE B. NO. TWENTY- LEGISLATURE, 2013 STATE OF HAWAII A BILL FOR AN ACT RELATING TO GALLONAGE TAX ON LIQUOR BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Section 244D-4, Hawaii Revised Statutes, is amended to read as follows: "§244D-4 Tax; limitations. (a) Every person who sells or uses any liquor in the State not taxable under this chapter, in respect of the transaction by which the person or the person's vendor acquired the liquor, shall pay a gallonage tax which is hereby imposed at the following rates for the various liquor categories defined in section 244D-1: For the period July 1, 1997, to June 30, 1998, the tax rate shall be: (1) $5.92 per wine gallon on distilled spirits; (2) $2.09 per wine gallon on sparkling wine; (3) $1.36 per wine gallon on still wine; (4) $0.84 per wine gallon on cooler beverages; (5) $0.92 per wine gallon on beer other than draft beer; (6) $0.53 per wine gallon on draft beer; [9e] For the period July 1, 1998, [and-therea€ter-j to June 30, 2014, the tax rate shall be: (1) $5.98 per wine gallon on distilled spirits; (2) $2.12 per wine gallon on sparkling wine; (3) $1.38 per wine gallon on still wine; (4) $0.85 per wine gallon on cooler beverages; (5) $0.93 per wine gallon on beer other than draft beer; 0 (6) On July (1) $0.54 per wine gallon on draft beer; 1. 2013, and thereafter, the tax rate shall be: $6.03 per wine gallon on distilled spirits; (2) $2.17 per wine gallon on sparkling wine, (3) (4) $1.43 $0.90 per wine gallon on still wine; per wine gallon on cooler beverages; (5) $0.98 per wine gallon on beer other than draft beer; (6) $0.59 per wine gallon on draft beer; and at a proportionate rate for any other quantity so sold or used. 0?1 Beginning July 1, 2014, the increase in thealg lonage tax shall begin and the additional thirlypercent per gallon collected shall be reimbursed to each county by the amount of additional gallonage tax collected from that county; however, fines on the increased tax revenue shall be retained by the State of Hawaii to compensate it for the expense of collection. Tax revenues from this Act shall be kept by the rejective counties in a special fund, and be accounted for as a separate line item in their respective budgets. (c� The tax collected for the period July 1, 2014 and thereafter as set forth under subparagraph (a) above shall only be used to pay for Police, Fire, Emergency Medical Services, road clean-up prosecution, and may also be used for training, the purchase of any equipment deemed necessary by the respective county departments, education and public service announcements utilized to reduce driving while under the influence of an intoxicant. [(b)] (4) The tax levied pursuant to subsection (a) shall be paid only once upon the same liquor; provided further that the tax shall not apply to: (1) Liquor held for sale by a permittee but not yet sold; (2) Liquor sold by one permittee to another permittee; (3) Liquor which under the Constitution and laws of the United States cannot be legally subjected to the tax imposed by this chapter so long as and to the extent to which the State is without power to impose the tax; (4) Liquor sold for sacramental purposes or the use of liquor for sacramental purposes, or any liquor imported pursuant to section 281-33; and (5) Alcohol sold pursuant to section 281-37 to a person holding a purchase permit or prescription therefor, or any sale or use of alcohol, so purchased, for other than beverage purposes." 2 JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO INCREASED GALLONAGE TAX ON LIQUOR. PURPOSE: To increase gallonage tax on liquor by 30%, collect and transfer this additional revenue to the respective counties, and partially reimburse counties for cost of handling crashes and crash fatalities involving driving under the influence of an intoxicant. MEANS: Amend HRS Chapter 244D-4 to increase the gallonage tax on liquor by 30%. JUSTIFICATION: The high rate of crashes and crash fatalities involving driving under the influence of an intoxicant (alcohol), and the cost of resolving the crash and fatalities falls on the counties which justifies an increase in gallonage tax for liquor. Gallonage tax on liquor has not increased since 1998 while the Consumer Price Index has increased more than 35% in the same period of time. Resolving the crash involves police, fire, EMS, traffic division to clear the wreckage, and prosecution of the case in each county. These costs could be partially covered by an increase in gallonage tax for liquor. BERNICE K. N. INAU CITY CLERK August 29, 2012 The Honorable Mel Rapozo Member, Kauai County Council 3371-A Wilcox Road Lihue, Hawaii 96766 Dear Councilman Rapozo: OFFICE OF THE CITY CLERK CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII 96813-3077 / TELEPHONE 768-3810 As directed by the following Resolutions adopted by the Council of the City and County of Honolulu at its meeting on Wednesday, August 15, 2012, copies are hereby transmitted for your information: Resolution 12-179 Approving for inclusion in the 2013 Hawaii State Association of Counties legislative package a proposal that requires a prestription to purchase any product that contains pseudoephedrine Resolution 12-180 Approving for inclusion in the 2013 Hawaii State Association of Counties legislative package a proposal that creates a cause of action against a person who maintains a property nuisance on residential property Resolution 12-181 Approving for inclusion in the 2013 Hawaii State Association of Counties legislative package a proposal to allow voters to register on the day of an election Resolution 12-182 Approving for inclusion in the 2013 Hawaii State Association of Counties legislative package a proposal that urges the United States Department of State, the Department of Homeland Security, and the United States Attorney General to ease visa restrictions for the People's Republic of China The Honorable Mel Rapozo Page 2 August 29, 2012 Resolution 12-183 Relating to the inclusion in the 2013 Hawaii State Association of Counties legislative package a proposal urging the Governor and the State Legislature to maintain the counties' share of the transient accommodations tax Resolution 12-184, CD1 Relating to the inclusion in the 2013 Hawaii State Association of Counties legislative package a proposal relating to the Employer -Union Health Benefits Trust Fund Board of Trustees Resolution 12-186 Approving for inclusion in the 2013 Hawaii State Association of Counties ("HSAC") legislative package a proposal that provides the counties with representation on the Board of Trustees of the Employees' Retirement System of the State Resolution 12-187 Approving for inclusion in the 2013 Hawaii State Association of Counties legislative package a proposal relating to electronic waste recycling Resolution 12-190 Approving nominees to the Board of Directors of the National Association of Counties and the Western Interstate Region Resolution 12-191 Relating to the inclusion in the 2013 Hawaii State Association of Counties legislative package a proposal transferring a portion of the fines and forfeitures from uncontested traffic infractions to the counties Sincerely, /�--& 4, CQ Ic- M4�� BERNICE K.N. MAU City Clerk to Attachments CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION 12-179 No. APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL THAT REQUIRES A PRESCRIPTION TO PURCHASE ANY PRODUCT THAT CONTAINS PSEUDOEPHEDRINE. WHEREAS, methamphetamine ("meth") use in states across the U.S., including Hawaii, is resulting in an enormous economic cost that the RAND Corporation's Drug Policy Research Center has estimated at $23.4 billion in 2005; and WHEREAS, in addition to the economic costs of meth use, the social costs are measured in destroyed lives, broken homes and other collateral damage that undermines the very fabric of our society; and WHEREAS, according to the Hawaii Meth Project, the following recent statistics point to the growing problem in Hawaii: • The economic cost of meth use in Hawaii is $500 million annually for incarceration, foster care, healthcare, lost employee productivity and treatment; • Of all federally -sentenced drug cases in Hawaii, 90% involve meth; • Hawaii ranks number 2 in the nation for the percentage of drug-related treatment admissions that are meth -related; Workers in Hawaii are 4 times more likely to test positive for meth than the national average in workplace drug testing; and • 56% of teens and young adults in Hawaii say meth would be easy to acquire, and 34% of teens and young adults report they have been offered the drug; and WHEREAS, a key factor in the prevalence and availability of meth is the widespread use of homes and apartments as meth labs, which use common ingredients to "cook" meth; and WHEREAS, the key ingredient in meth that cannot be replaced is pseudoephedrine, found in many over-the-counter cold medicines; and OCS/071 s12/09:20NL 1 EMLA r CITY COUNCIL I CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-179 WHEREAS, while Hawaii state law currently restricts the amount of pseudoephedrine that can be obtained at any one time and mandates reporting requirements for pharmacies and retailers, it does not require a doctor's prescription to obtain pseudoephedrine (§329-75, HRS); and WHEREAS, the manufacture and availability of meth in Hawaii has not been noticeably reduced as a result of current state law, and anecdotal evidence suggests that those involved in meth labs have found ways around Hawaii's law; and WHEREAS, two states, Oregon and Mississippi, now require prescriptions for pseudoephedrine and have seen dramatic results including the following: Both states have reported a dramatic decline in meth labs, with the U.S. Drug Enforcement Agency reporting that the number of meth lab incidents (including labs, dump sites, and equipment) in Oregon, which has a longer history under the pseudoephedrine law, declined from 467 in 2004 to 12 in 2010; In Oregon, meth -related seizures and arrests are down 96% since 2006, while in Mississippi, seizures and arrests are down 66% since the law took effect mid -2010; and In Oregon, total crime has dropped to a 50 -year low, and requests for meth -related treatment have dropped by 33%; and WHEREAS, the Council finds that requiring a prescription to obtain pseudoephedrine is a proven method of reducing the manufacture and availability of meth, which will directly result in reducing the levels of meth use and related economic costs in Hawaii; and WHEREAS, the Council further finds that requiring a prescription to obtain pseudoephedrine is a reasonable restriction that is currently employed in the distribution of other controlled substances for medical reasons, namely all prescription drugs; and WHEREAS, the unanimous approval of the county councils is necessary for inclusion of a proposal in the Hawaii State Association of County's legislative package; now, therefore, 2 CITY COUNCIL t CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-179 BE IT RESOLVED that the Council of the City and County of Honolulu approves for inclusion in the 2013 legislative package a proposal, attached as Exhibit A, that would reclassify pseudoephedrine as a schedule V drug that could only be dispensed with a prescription; and BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties and the Mayors of the counties of Kauai, Hawaii, Honolulu and Maui. DATE OF INTRODUCTION: J U L 18 2012 Honolulu, Hawaii 3 Councilmembers co 1� tC" �—a Exhibit A .B. NO. A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The legislature finds that methamphetamine is a 2 highly addictive drug with dangerous long-term side effects 3 including addiction, anxiety, insomnia, and violent behavior. 4 The legislature also finds that pseudoephedrine, a safe, 5 effective, and widely -used over the counter decongestant, is an 6 essential ingredient used to make methamphetamine. 7 The legislature finds that some state governments have 8 taken steps to address the growing number of methamphetamine 9 labs in their states. Oregon and Mississippi have passed laws 10 requiring prescriptions for pseudoephedrine. The purpose of 11 this Act is to classify pseudoephedrine as a schedule V drug 12 that may only be dispensed with a prescription. 13 SECTION 2. Section 329-22, Hawaii Revised Statutes, is 14 amended to read as follows: 15 "§329-22 Schedule V. Sudafed EM State BiII.DG Page B. NO. 1 (a) The controlled substances listed in this section are 2 included in schedule V. 3 (b) Narcotic drugs containing nonnarcotic active medicinal 4 ingredients. Any compound, mixture, or preparation containing 5 limited quantities of any of the following narcotic drugs, which 6 also contains one or more nonnarcotic active medicinal 7 ingredients in sufficient proportion to confer upon the 8 compound, mixture, or preparation, valuable medicinal qualities 9 other than those possessed by the narcotic drug alone: 10 (1) Not more than 200 milligrams of codeine, or any 11 of its salts, per 100 milliliters or per 100 12 grams; 13 (2) Not more than 100 milligrams of hydrocodeine, or 14 any of its salts, per 100 milliliters or per 100 15 grams; 16 (3) Not more than 100 milligrams of ethylmorphine, or 17 any of its salts, per 100 milliliters or per 100 18 grams; Sudafed EM State BiII.DG Page 3 or unless listed in another . B.NO. 1 (4) Not more than 2.5 milligrams of diphenoxylate and 2 of the not less than 25 micrograms of atropine sulfate 3 a depressant effect on per dosage unit; 4 (5) Not more than 100 milligrams of opium per 100 5 milliliters or per 100 grams; and 6 (6) Not more than 0.5 milligram of difenoxin and not 7 less than 25 micrograms of atropine sulfate per 8 dosage unit. 9 (c) Stimulants. Unless specifically exempted or excluded 10 or unless listed in another schedule, any material, compound, 11 mixture, or preparation that contains any quantity of the 12 following substances having a stimulant effect on the central 13 nervous system, including its salts, isomers, and salts of 14 isomers[-,-]: pseudoephedrine or any drug containing 15 pseudoephedrine. 16 (d) Depressants. Unless specifically exempted or excluded 17 or unless listed in another schedule, any material, compound, 18 mixture, or preparation that contains any quantity of the 19 following substances having a depressant effect on the central Sudafed EM State BiII.DG Page 4 .B. NO. 1 nervous system, including its salts, isomers, and salts of 2 isomers: 3 (1) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy- 4 propionamide], (Vimpat); and 5 (2) Pregabalin[(S)-3-(aminomethyl)-5-methylhexanoic 6 acid] . 7 (e) No later than July 1, 2013, all drugs containing 8 pseudoephedrine shall be subject to the requirements of section 9 329-38." 10 SECTION 3. Section 329-38, Hawaii Revised Statutes, is 11 amended by amending subsection (a) to read as follows: 12 ,(a) No controlled substance in schedule II or 13 pseudoephedrine may be dispensed without a written prescription 14 of a practitioner, [except-;] with the following exceptions: 15 (1) [Zn] For purposes of a controlled substance in 16 schedule II or pseudoephedrine, in the case of an 17 emergency situation, a pharmacist may dispense a 18 controlled substance listed in schedule II or 19 pseudoephedrine upon receiving oral authorization 20 from a prescribing practitioner; provided that: Sudafed EM State BiII.DG Page .B■ NO. 1 (A) The quantity prescribed and dispensed is 2 limited to the amount adequate to treat the 3 patient during the emergency period 4 (dispensing beyond the emergency period must 5 be pursuant to a written prescription signed 6 by the prescribing practitioner); 7 (B) If the prescribing practitioner is not known 8 to the pharmacist, the pharmacist shall make 9 a reasonable effort to determine that the 10 oral authorization came from a registered 11 practitioner, which may include a callback 12 to the prescribing practitioner using the 13 phone number in the telephone directory or 14 other good faith efforts to identify the 15 prescriber; and 16 (C) within seven days after authorizing an 17 emergency oral prescription, the prescribing 18 practitioner shall cause a written 19 prescription for the emergency quantity 20 prescribed to be delivered to the dispensing Sudafed EM State BiII.DG Page ■B. NO. 1 pharmacist. In addition to conforming to 2 the requirements of this subsection, the 3 prescription shall have written on its face 4 "Authorization for Emergency Dispensing". 5 The written prescription may be delivered to 6 the pharmacist in person or by mail, and if 7 by mail, the prescription shall be 8 postmarked within the seven-day period. 9 Upon receipt, the dispensing pharmacist 10 shall attach this prescription to the oral 11 emergency prescription, which had earlier 12 been reduced to writing. The pharmacist 13 shall notify the administrator if the 14 prescribing practitioner fails to deliver a 15 written prescription to the pharmacy within 16 the allotted time. Failure of the 17 pharmacist to do so shall void the authority 18 conferred by this paragraph to dispense 19 without a written prescription of a 20 prescribing individual practitioner. Any Sudafed EM State BiII.DG Page 7 ' B.NO. 1 practitioner who fails to deliver a written 2 prescription within the seven-day period 3 shall be in violation of section 4 329-41 (a) (1) ; or 5 (2) When dispensed directly by a practitioner, other 6 than a pharmacist, to the ultimate user. The 7 practitioner in dispensing a controlled substance 8 in schedule II shall affix to the package a label 9 showing: 10 (A) The date of dispensing; 11 (B) The name, strength, and quantity of the drug 12 dispensed; 13 (C) The dispensing practitioner's name and 14 address; 16 (D) The name of the patient; 16 (E) The "use by" date for the drug, which shall 17 be: 18 (i) The expiration date on the 19 [manufacturer's] or principal labeler's 20 container; or Sudafed EM State BiII.DG Page 8 . B. NO. 1 (ii) One year from the date the drug is 2 dispensed, whichever is earlier; and 3 (F) Directions for use, and cautionary 4 statements, if any, contained in the 5 prescription or as required by law. 6 A complete and accurate record of all schedule II 7 controlled substances ordered, administered, prescribed, and 8 dispensed shall be maintained for five years. Prescriptions and 9 records of dispensing shall otherwise be retained in conformance 10 with the requirements of section 329-36. No prescription for a 11 controlled substance in schedule II may be refilled." 12 SECTION 4. Section 329-64, Hawaii Revised Statutes, is 13 amended by amending subsection (a) to read as follows: 14 "(a) The requirements imposed by sections 329-62 and 15 329-63(a) of this part shall not apply to any of the following: 16 (1) Any pharmacist or other authorized person who 17 sells or furnishes a substance upon the 18 prescription of a physician, dentist, podiatrist, 19 or veterinarian; Sudafed EM State BULDG Page 9 . B.NO. 1 (2) Any physician, dentist, podiatrist, or 2 veterinarian who administers or furnishes a 3 substance to patients; 4 (3) Any manufacturer or wholesaler licensed by the 5 State who sells, transfers, or otherwise 6 furnishes a substance to a licensed pharmacy, 7 physician, dentist, podiatrist, or veterinarian[; 8 and 9 (4) Any sale, transfer, furnishing, or receipt of any 10 drug that contains [ ] 11 norpseudoephedrine that is lawfully sold, 12 transferred, or furnished over the counter 13 without a prescription pursuant to the federal 14 Food, Drug, and Cosmetic Act (21 United States 15 Code section 301 et seq.) or regulations adopted 16 thereunder as long as it complies with the 17 requirements of sections [329-73, 329-74ani 18 329-75 1 329-38.11 19 Sudafed EM State BIII.DG Page 10 ■ B ■ NO. 1 SECTION 5. Section 329-75, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "§329-75 [ 4 pseudoephedrine; reporting] Reporting requirement for 5 wholesalers. 6 Na) Notwithstanding any other law to the eantrarT, a 7 pharmacy or rot„ , er may -a, l or distribute to a parson without 8r,rpy+Lr;ption products n^r,ta;n;ng not mare than 3 5 grams per c 8ption 9 day or not mora than n}ne grams per thirty -day period of 10 pseudoephedrine, without, are-gard to the num-ber of 11 provided that the pharmacy ar retailer shall comply With the 12 following 13 (1) The product mixture, or prepa r -at ion- sh--a l l b 14 o„i a or a; str; ,,,ted- from -an aram not --ao6essible- 15 by customers or the-rgeserai public, such as 16 hoh; na the- oeaster or in a locked- display case 17 znda where the pharmaey or retailer dalivers the - 18 product directly into -the -custody of the-persen- 19 purchasing or obtaialaq the-su�ist,ainoss; Sudafed EM State BiII.DG Page 11 . B. NO. 1 (2) Amy per -son purchasing gar oche-r{ti-se obtaining any 2 product, mixture or _Rhall produGe 3 valid, idem€i€ication 4 Containing the hGtograph, date of birth,pr-iafed�- 5 -;mature, and- ad -d -Fess of the—per-son 6 purchasing er obtaining the 7 (3) The pharmacy e -r retailer—shall maintain _ written 8 or of ontrGni n log of r'edfajz--ed1 €o- 9 each -sale e€ a ne proscripienproa„ct contai i g- 10 11 T= The date a ci time of any���a�sae�.ie� 12 paragraph ( 7 13 (n) The name, address, and dat-;-e of hi=th e€ the 14 per -son purchasing or obtaining the 15 16 rr; The type e€ identi€icatien-previdedi by the 17 person rc aging or ch€aiming the subst=-nen- 18 ands nu ter -I 19 (D) ^_ The osuincg the ire i€isa�ie �sed�; 20 and Sudafed EM State BiII.DG Page 12 B. NO. 20 Sudafed EM State BiII.DG Page 13 .B. NO. I State ,.,i tho„t a nha g for a .Gessing the system The -pharmacy 2 a= retom=la= sal?? ne€ complete the -sale if the systom goneirates 3 a stop sale alaz-t-r—Except In the e of negligence, 9 to any ird par -t7, --,,,less the pharmacy r rettilar b -=-s-• in-laiated- 10 t=1a 8 ion, lam relation to -a ^lalm-Freught fa�,,,.h 11 viol at; iQp 12 (c) if a -pharmacy or allay selllg an ovsr-the-counter- 13 14 e-lactplc €allu=a of the lantranic: sales frasleing systf�m-and 15 is Ona-bl a tr. r.QmPst�.,i vh €he sales tracking 16regv�Fa'^e rmvs;tz ois da= bhi g section,_tpharmacy ro lzai lex sha-11 17 a ,.+ri tter, leg or an alternative electwonj a 18 recon- kespirg iaschani sm until such as the pharmacy or 19 20 Sudafed EM State Bill.DG Page 14 B. NO. 13 15 investigators shall EQ-rurari-1 ima-wa-i tara;nsar--ti n recon -cis in the 16 *Tiatio-Ra Log ExG }ange to th-e narcotics en€or-cemen- Sudafed EM State BiII.DG Page 15 .B. NO. 19 fnc9-) No pia=gon Rha II knowl ngly purchase, re6'o' e� 20 n+ hcrr.ri ac rc ,,X - -- n4 �c^z: '��i� — mor-9 --G� grams �^e Sudafed EM State BiII.DG Page 16 B. NO. 1 riot= or more than nine grams per- thirtyday-period of 2 pseudnophadrine,-except that this limit Rhali net apply to a%, 3 quantit�r of such product, mixture, er-prepaiation dispensed 4 n..rs...ant to n eta l ; r^l prescription. 5 (h) Any person who -i alstag s;. tjsas-(b) through (g) is 6 guilty of -a class C. fol on.r 7 W The department, by rule, may exempt other produetS 8 from thio section, if the administrator €rods that the prsduGts- 13 form..l sated in such a way as to offer -Lively pre Vent the 14 00 =version of the active ingre-dient lin-Ito mle-tramphatsmin- 15] Notwithstanding any other provision of this chapter 16 to the contrary, every wholesaler shall report to the 17 administrator all sales made to any retailer, of any product, 18 mixture, or preparation containing any detectable quantity of 19 pseudoephedrine, its salts, optical isomers, or salts of optical 20 isomers, as the only active ingredient or in combination with Sudafed EM State BIII.DG Page 17 . B. NO. 1 other active ingredients. The department shall provide a common 2 reporting form that contains at least the following information 3 about the product, mixture, or preparation: 4 (1) Generic or other name; 5 (2) Quantity sold; 6 (3) Date of sale; 7 (4) Name and address of the wholesaler; and 8 (5) Name and address of the retailer. 9 [ ( ) IntQnt ienia for knowing—€a i lur$ of a re tal le r er 10 pharmacy to tran-so-it a%r infor-Mation -- --3:ed by this Section - 11 shall be— a i ee —and- shall result in the im- M-a-Qaia- 12 =e=—of that ability to- se -1111 any product, 13 mixture, or prepar-at-Jon a%, deteGtabla quantity of 14 P ca...a.,ephed ina,its--salts, optical isomers, or qm1 �f optical 15 -J Sommers R Q the only active ingredient vow in"-vgo-binat io�'arwith 16 ntzhQr ;int' gr$a-encs i ntil-a'u�h ori zed by the 17 adiistrtrt 18 SECTION 6. Section 329-73, Hawaii Revised Statutes, is 19 repealed. 20 [°6329--.3 Pseudoep "ae permit: - Sudafed EM State BiII.DG Page 18 4 pseudoephedrine permit, .B. NO. ,. _ 5 (ia) who ints imposed by (ssubsecti8n -(a) s lal" n0tz - -------- — -------- 8 _ - 8 9 h<r r„l e " rine-Permit sh-QQ---be valid €o one year �5---� ago . �s�ed' 10 and rene<.r;ahl a ann«11,r u� 11 SECTION 7. Section 329-74, Hawaii Revised Statutes, is 12 repealed. 13 ["Um-lamfi-0- txaasport; of pseudoephedrine. 14-(a-)--A-P 4-t*%-�---f-fen-We of 16'n1�;.A.Xf-1-31 transport: of 15 pseudeep rine i€ the person transports errethan thr- 16 packages of any product the- sale of whien-is rest;rieLed b 17 seatie r 39-7 ;Am thout; a perm -it Jsstled ffr-em-thdeepartment-: r 18 (b) For purposes of t ii s ee e Giem m ewe 19 the transfer of a pseudoephedrine product by a person other thaw Sudafed EM State BiII.DG Page 19 .B. NO. 1 a who- l o-sa l er-, distributor, Ar re-ta--er of Rush -product 2 authorized to eenduet husiuess as such by the State 3*—URI-W,x-ful--transport-of pseudoephedrine -is. -a 4 II J 5 SECTION 8. This Act does not affect the rights and duties 6 that matured, penalties that were incurred, and proceedings that i were begun before its effective date. 8 SECTION 9. Statutory material to be repealed is bracketed 9 and stricken. New statutory material is underscored. 10 SECTION 10. This Act shall take effect upon its approval. 11 12 INTRODUCED BY: 13 Sudafed EM State BiII.DG CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 12-179 Introduced: 07/18/12 By: ERNEST MARTIN Committee: EXECUTIVE MATTERS AND LEGAL AFFAIRS Title: RESOLUTION APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL THAT REQUIRES A PRESCRIPTION TO PURCHASE ANY PRODUCT THAT CONTAINS PSEUDOEPHEDRINE. Links: CR pit Voting Legend: Y= Aye, Y* = Aye w/Reservations, N = No, A = Absent, ABN = Abstain EXECUTIVE 07/24/12 CR -246 —RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. MATTERS AND LEGAL AFFAIRS COUNCIL 08/15/12 CR -246 AND RESOLUTION 12-179 WERE ADOPTED. ANDERSON Y* BERG N CACHOLA A CHANG Y GABBARD N GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y I hereby certify that the above is a true record of action by the Council of the C:R�NEST and Co 0 onolul ' RESOLUTIOP B RNICE K. N. MAU, CI CLERK Y. MARTIN, CHAIR AND PRESIDING CITY COUNCIL t CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-180 APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL THAT CREATES A CAUSE OF ACTION AGAINST A PERSON WHO MAINTAINS A PROPERTY NUISANCE ON RESIDENTIAL PROPERTY. WHEREAS, the State of Hawaii continues to be one of the most expensive states in the nation to purchase a home and as such, a home will be the largest financial asset for most of Hawaii's citizenry; and WHEREAS, maintaining the aesthetics of residential real property protects both the natural beauty of our local neighborhoods and local home owners' financial investments; and WHEREAS, real estate investors have purchased large blocks of residential property only to then engage in the blighting of these same properties and have no intention of residing in the affected communities; and WHEREAS, this practice is commonly called "block busting" and seeks to lower the neighborhood's overall property values, thereby enabling unscrupulous real estate investors to purchase additional surrounding properties in the same neighborhoods at lowered prices; and WHEREAS, as a result of "block busting," homeowners in the affected neighborhoods will see the value of their largest financial asset decline through no dereliction on the homeowners' part; and WHEREAS, homeowners in blighted neighborhoods also face health and safety hazards, such as, increases in trespassers, graffiti and vermin populations; and WHEREAS, the most effective tool to combat "block busting" is the creation and imposition of liability damages to financially deter real estate investors from engaging in property blighting; now, therefore, BE IT RESOLVED that the Council of the City and County of Honolulu approves for inclusion in the 2013 legislative package a proposal, attached as Exhibit A, that creates a cause of action against a person who maintains a property nuisance on residential property that results in damage or injury to the person or property of another person; and OCS/071812/02:50/YL EMLA w CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-180 BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties and the Mayors of the counties of Kauai, Hawaii, Honolulu and Maui. DATE OF INTRODUCTION: J U L 18 2012 Honolulu, Hawaii INT"U 2 Councilmembers Exhibit A .B. NO. A BILL FOR AN ACT RELATING TO LANDOWNER LIABILITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 663, Hawaii Revised Statutes, is 2 amended by adding a new section to be appropriately designated 3 and to read as follows: 4 "§663- Liability for maintenance of property nuisance. 5 (a) A person may be held personally liable in damages for 6 injury or trespass, whether direct or indirect, including the 7 diminution of property valuation, to another person or the 8 property of the other person proximately caused by the 9 maintenance of a residentially zoned property nuisance. 10 (b) If a person engages in conduct that constitutes the 11 maintenance of a property nuisance involving three or more 12 residentially zoned separate the person properties within a one mile radius 13 from a claim arising pursuant to this section and judgment is 14 entered for the person who is asserting the claim under this 15 section, the person shall be awarded a sum equal to threefold 16 damages sustained by that person. Prop Nuisance State Bill Page 2 .B. NO. 1 (c) For purposes of this section, "maintenance of a 2 property nuisance" means owning, leasing, occupying, or having 3 charge, possession, or control of any property and maintaining 4 that property in a manner in which any one or more of the 5 following conditions or activities is allowed to exist or 6 continue: 7 (1) Keeping, storing, depositing, or accumulating on 8 improved or unimproved real property any personal 9 Aroberty that constitutes visual blight. 10 Personal property includes: 11 (A) Abandoned, wrecked, or dismantled motor 12 vehicles or boats or vessels; 13 (B) Automotive parts and equipment, appliances, 14 and furniture; 15 (C) Containers, packing materials, scrap metal, 16 wood, building materials, concrete masonry 17 units, litter, garbage, junk, rubbish, and 18 debris; and 19 (D) Any material that constitutes an offense of 20 displaying indecent matter under section 21 712-1211; Prop Nuisance State Bill Page Be NO. 1 (2) Keeping, storing, depositing, or accumulating 2 dirt, sand, gravel, concrete, or other similar 3 materials that constitute visual blight; 4 (3) Operating a junk yard or automobile dismantling 5 yard, except as a permitted use; 6 (4) Permitting standing or stagnant water to 7 accumulate, allowinq vermin and insects to live, 8 breed, and multiply; 9 (5) Creating, permitting, or maintaining any 10 dangerous or unsightly condition that constitutes 11 visual blight; 12 (6) Attracting and providing a place of temporary 13 abode for vagrants, interlopers, or trespassers; 14 and 15 (7) Creating, permitting, or maintaining any 16 condition recognized in law or in equity as 17 constituting a public nuisance. 18 (d) Nothing in this section shall be deemed to create 19 liability: 20 (1) If the defendant's property or properties are not 21 zoned exclusively for residential use; Prop Nuisance State Bill Page 4 B. NO. 1 (2) If the defendant's property use is a permitted 2 non -conforming use; 3 (3) For any public use or public works; 4 (4) For any publicly funded project; 5 (5) For agricultural use; 6 (6) For vacant property that has never been built on 7 that is in a predominantly natural state; and 8 (7) For construction and demolition activity pursuant 9 to a permit, law, ordinance, regulation, or an 10 emergency and for the presence of equipment and 11 material for a reasonable time after that 12 construction and demolition activity has ceased. 13 (e) For purposes of this section, "visual blight" means 14 any unreasonable or unlawful condition, or use of premises or of 15 a building exterior or interior that by reason of its appearance 16 as viewed at ground level from the public right-of-way or from 17 the neighboring premises, is detrimental to: 18 (1) The surrounding areas and the valuation of the 19 property of another; or 20 (2) The health, safety, and welfare of individuals 21 residing within that community." 22 Prop Nuisance State Bill Page 5 B. NO. 1 SECTION 2. New statutory material is underscored. 2 SECTION 3. This Act shall take effect upon approval. 3 4 INTRODUCED BY: Prop Nuisance State Bill CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 12-180 Introduced: 07/18/12 By: STANLEY CHANG Committee: EXECUTIVE MATTERS AND LEGAL AFFAIRS Title: RESOLUTION APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL THAT CREATES A CAUSE OF ACTION AGAINST A PERSON WHO MAINTAINS A PROPERTY NUISANCE ON RESIDENTIAL PROPERTY. Links: R -Sf2- 8Q Ca 247 " Voting Legend: Y= Aye, Y" = Aye w/Reservations, N = No, A = Absent, ABN = Abstain EXECUTIVE 07/24/12 CR -247 — RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. MATTERS AND LEGAL AFFAIRS COUNCIL 08/15/12 CR -247 AND RESOLUTION 12-180 WERE ADOPTED. ANDERSON A BERG N CACHOLA Y CHANG Y GABBARD Y GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y I hereb certify that the above is a true record of action by the Council of the :RNEST and Co o onolul RESOL�Ui'TIO�N. BERNICE K. N. MAU, CITY CLERK Y. MARTIN, CHAIR AND PRESIDING OP144CER a CITY COUNCIL • I ' • CITY AND COUNTY OF HONOLULU No 12-181 HONOLULU, HAWAII RESOLUTION APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL TO ALLOW VOTERS TO REGISTER ON THE DAY OF AN ELECTION. WHEREAS, citizens of Hawaii do not have an absolute constitutional right to vote because the state constitution allows a citizen to vote only if that citizen is first registered to vote; and WHEREAS, the civic rights of Hawaii's citizens to govern through representational government via voting for elected officials should not be overly hindered by procedural voter registration requirements; and WHEREAS, Section 11-24, Hawaii Revised Statutes, requires voters to register 30 days in advance to vote in a primary, general or special election; and WHEREAS, in 2010, only 36 percent of eligible Hawaii citizens turned out to vote according to the United States Elections Project; and WHEREAS, Idaho, Iowa, Maine, Minnesota, Montana, New Hampshire, North Carolina, Wisconsin and Wyoming allow voters to register and vote on the same day; and WHEREAS, those nine states have realized increased voter turnout since the enactment of same day registration legislation, with up to a 17 percent higher voter turnout rate than the national average; and WHEREAS, removal of the 30 day registration requirement and allowing citizens to register to vote on election day will increase the convenience and ease for Hawaii's eligible citizenry to turn out to vote; now, therefore, BE IT RESOLVED that the Council of the City and County of Honolulu approves for inclusion in the 2013 legislative package a proposal, attached as Exhibit A, to allow voters to register on the day of an election; and OCS/071812/03:00/YL EMLA CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-181 BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties and the Mayors of the counties of Kauai, Hawaii, Honolulu and Maui. DATE OF INTRODUCTION: 'JUL! 9 2012 Honolulu, Hawaii INT" UC D BY: 04 Councilmembers Exhibit A .B. NO. A BILL FOR AN ACT RELATING TO VOTING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended 2 by adding a new section to be appropriately designated and to 3 read as follows: 4 "§11- Election day voter registration. 5 (a) Notwithstanding any law to the contrary, an individual 6 who is eligible to vote may register on the day of an election 7 8 (1) Appearing in person at the polling place for the 9 precinct in which the voter maintains residency; 10 (2) Completing a voter registration application; 11 (3) Making an oath on a form prescribed by the chief 12 election officer; and 13 (4) Providing proof of residency; 14 provided that in the case of an election conducted by mail, an 15 individual who is eligible to vote may register at the walk-in 16 locations in the same manner as prescribed in paragraphs (1) 17 through (4). Voter Reg State Bill Page 2 .B. NO. 1 (b) An individual may prove residency for purposes of this 2 section by presenting: 3 (1) A valid Hawaii driver's license or Hawaii state 4 identification card; or 5 (2) Any documentation approved by the chief election 6 officer. 7 (c) No precinct official shall receive the vote of any 8 individual who is not registered pursuant to subsection (a) or 9 section 11-15. 10 (d) The chief election officer or the chief election 11 officer's desiqnee shall maintain a record of the number of 12 individuals who reqistered to vote on election day and voted, as 13 well as the number of individuals who attempted to register on 14 election day, but were unable to provide proof of residency 15 pursuant to subsection (b). The record shall be included with 16 the election returns for each precinct. 17 (e) The chief election officer shall establish rules 18 pursuant to chapter 91, as necessary to carry out this section." 19 SECTION 3. New statutory material is underscored. 20 SECTION 4. This Act shall take effect upon its approval. 21 22 INTRODUCED BY: Voter Reg State Bill CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 12-181 Introduced: 07/18/12 By: STANLEY CHANG Committee: EXECUTIVE MATTERS AND LEGAL AFFAIRS Title: RESOLUTION APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL TO ALLOW VOTERS TO REGISTER ON THE DAY OF AN ELECTION. Links:'RES-. 81 Voting Legend: Y= Aye, Y' = Aye w/Reservations, N = No, A = Absent, ABN = Abstain EXECUTIVE 07/24/12 CR -248 — RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. MATTERS AND LEGAL AFFAIRS COUNCIL 08/15/12 CR -248 AND RESOLUTION 12-181 WERE ADOPTED. ANDERSON A BERG Y CACHOLA Y CHANG Y GABBARD Y GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y I hereb dify that the above is a true record of action by the Council of the City and Cou onolulu on this RESOLUTION. r(p Lu BERNICE K. N. MAU, CI CLERK RNEST Y. MARTIN, CHAIR AND PRESIDING ICER CITY COUNCIL i CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-182 APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL THAT URGES THE UNITED STATES DEPARTMENT OF STATE, THE DEPARTMENT OF HOMELAND SECURITY, AND THE UNITED STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS FOR THE PEOPLE'S REPUBLIC OF CHINA. WHEREAS, China and her people have long been a part of the economy and culture of Hawaii since the first Chinese sugar plantation laborers arrived in the islands in 1852; and WHEREAS, the first one hundred seventy-five laborers were from Hong Kong bound for Maui–most of them from depression -torn Guangdong and Fujian in southern China; and WHEREAS, from 1852 to 1876, nearly 4,000 Chinese laborers migrated to Hawaii; and by 1882, these huagiao or migrants made up almost 49 percent of plantation labor, outnumbering Caucasians in the islands; and WHEREAS, the progeny of these humble but determined Chinese immigrants rose quickly through the ranks of Hawaii's educational, political, and business communities, and would leave lasting impacts on Hawaii and even the world—the most famous of whom is referred to as "The Forerunner of the Revolution," Dr. Sun Yat-sen; and WHEREAS, Dr. Sun's education at lolani School and Oahu College inspired him to develop the vision of an educated, strong, and democratic, modern-day China that he would dedicate the rest of his life to building, and would later say that Hawaii was where he "came to know what modern, civilized governments are like and what they mean"; and WHEREAS, Dr. Sun established the first Chinese revolutionary party, called Xing Zhong Hui or Revive China Society, and returned to Hawaii five more times at which time many Hawaii families contributed financially to his cause; and WHEREAS, the Counties of Hawaii Sister -Cities Summit held in Honolulu on September 13-15, 2011, highlighted the inextricable and historic ties between China and Hawaii with a particular emphasis on strengthening our relationships with Honolulu's sister cities of Zhongshan, Haikou, Qinhuangdao, and Chengdu; and OCS/071812/02:40/YL _ EMLA CITY COUNCIL i CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-182 WHEREAS, the summit demonstrated that China will continue to embrace our open door policy and fortified our understanding of each other's needs in the areas of cultural exchange, economic development, trade, tourism, and education; and WHEREAS, recently, members of Hawaii's business and government communities welcomed 271 passengers at Honolulu International Airport from China Eastern Airlines' inaugural direct flight from Shanghai, heralding a new era for Honolulu's economic growth and forging closer ties between the United States and China; and WHEREAS, the People's Republic of China, with its 1.3 billion people, represents a very large and lucrative pool of visitors, as the average Chinese tourist to Hawaii is expected to spend about $368 per day, compared to $275 daily for every Japanese tourist and just $178 per day, on average, for all tourists to Hawaii; and WHEREAS, tourism dollars have been identified by the United States Department of Commerce as an export, and President Barack Obama's National Export Initiative of May 2010 seeks to double U.S. exports by 2015; and WHEREAS, China has transformed itself from an impoverished country to the world's second largest economy, and as it grows, continues to have an impact on Hawaii and the globe; and WHEREAS, China is now a major trade partner with the United States and force for stability and peace in Asia, and has become a world leader in the auto market and the world's largest producer of energy; and WHEREAS, in spite of the reciprocity between China and Hawaii, the visa application and approval process for Chinese business and tourist travelers is an arduous and often lengthy process which deters many potential visitors to Hawaii and the United States; and WHEREAS, a Chinese citizen who wishes to visit the United States must appear in person before a U.S. consulate official to obtain the visa but there are only five U.S. consulates in the entire People's Republic of China; and WHEREAS, due to the small number of consulates and staff to handle the in-person interviews necessary for entry visas, the average wait times for those interviews in China far exceed those wait times in other countries; and 2 CITY COUNCIL i CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-182 WHEREAS, one solution to ease this problem is for a country to be admitted to the U.S. State Department's Visa Waiver Program, which allows nationals from foreign countries to enter the United States for tourism- or business-related purposes for as long as 90 days without obtaining a visa; and WHEREAS, both Japan and South Korea qualify for visa waivers; and WHEREAS, when South Korea became one of the 36 countries in the State Department's Visa Waiver Program in November of 2008, it boosted tourism to Hawaii from that country; and WHEREAS, in order for a country to qualify for the Visa Waiver Program, the country must satisfy certain conditions, with the United States government retaining the ultimate discretion to admit the country to the program; and WHEREAS, one condition for entry into the waiver program is the rate of refusal of a country's visa applicants which must be three percent or lower; and WHEREAS, the refusal rate for Chinese visa applicants was 13.3 percent as of 2010; and WHEREAS, the Travel and Tourism Advisory Board, a newly created industry group appointed by the U.S. Secretary of Commerce, recommended measures that can be taken to increase travel to the U.S. from China, which include: (1) raising the visa refusal rate from three to 10 percent; (2) establishing a maximum wait time for in-person visa interviews of five days; (3) adding four to six visa processing locations and several hundred consulate officers to process visas; and (4) allowing non-immigrant visas to last 10 years for Chinese visitors, which is permitted in other countries; and WHEREAS, the unanimous approval of the county councils is necessary for inclusion of a proposal in the Hawaii State Association of County's legislative package; now, therefore, BE IT RESOLVED that the Council of the City and County of Honolulu approves for inclusion in the 2013 legislative package a proposal, attached as Exhibit A, that urges the United States Department of State, the Department of Homeland Security, and the United States Attorney General to include the People's Republic of China in the Visa Waiver Program and support the recommendations of the Travel and Tourism Advisory Board to ease visa restrictions and the visa application and approval process for business and tourist travelers from the People's Republic of China; and 3 s CITY COUNCIL i CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-182 BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the President of the Hawaii State Association of Counties and the Mayors of the counties of Kauai, Hawaii, Honolulu, and Maui. DATE OF INTRODUCTION: J U L 18 2012 Honolulu, Hawaii INT; n r, Councilmembers EXHIBIT A C.R. NO. CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF STATE, THE DEPARTMENT OF HOMELAND SECURITY, AND THE UNITED STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS FOR THE PEOPLE'S REPUBLIC OF CHINA. 1 WHEREAS, China and her people have long been a part of the 2 economy and culture of Hawaii since the first Chinese sugar 3 plantation laborers arrived in the islands in 1852; and 4 WHEREAS, the first one hundred seventy-five laborers were 5 from Hong Kong bound for Maui -most of them from depression -torn 6 Guangdong and Fujian in southern China; and 7 WHEREAS, from 1852 to 1876, nearly 4,000 Chinese laborers 8 migrated to Hawaii; and by 1882, these huagiao or migrants made 9 up almost 49 percent of plantation labor, outnumbering 10 Caucasians in the islands; and 11 WHEREAS, the progeny of these humble but determined Chinese 12 immigrants rose quickly through the ranks of Hawaii's 13 educational, political, and business communities, and would 14 leave lasting impacts on Hawaii and even the world -the most PRC Visa State Bill 1 famous of whom is referred to as "The Forerunner of the 2 Revolution," Dr. Sun Yat-sen; and 3 WHEREAS, Dr. Sun's education at Iolani School and Oahu 4 College inspired him to develop the vision of an educated, 5 strong, and democratic, modern-day China that he would dedicate 6 the rest of his life to building, and would later say that 7 Hawaii was where he "came to know what modern, civilized 8 governments are like and what they mean"; and 9 WHEREAS, Dr. Sun established the first Chinese 10 revolutionary party, called Xing Zhong Hui or Revive China 11 Society, and returned to Hawaii five more times at which time 12 many Hawaii families contributed financially to his cause; and 13 WHEREAS, the Counties of Hawaii Sister -Cities Summit held 14 in Honolulu on September 13-15, 2011 highlighted the 15 inextricable and historic ties between China and Hawaii with a 16 particular emphasis on strengthening our relationships with 17 Honolulu's sister cities of Zhongshan, Haikou, Qinhuangdao, and 18 Chengdu; and 19 WHEREAS, the summit demonstrated that China will continue 20 to embrace our open door policy and fortified our understanding 21 of each other's needs in the areas of cultural exchange, 22 economic development, trade, tourism, and education; and PRC Visa State Bill Page 2 C.R. NO. 1 WHEREAS, recently, members of Hawaii's business and 2 government communities welcomed 271 passengers at Honolulu 3 International Airport from China Eastern Airlines' inaugural 4 direct flight from Shanghai, heralding a new era for Honolulu's 5 economic growth and forging closer ties between the United 6 States and China; and 7 WHEREAS, the People's Republic of China, with its 1.3 8 billion people, represents a very large and lucrative pool of 9 visitors, as the average Chinese tourist to Hawaii is expected 10 to spend about $368 per day, compared to $275 daily for every 11 Japanese tourist and just $178 per day, on average, for all 12 tourists to Hawaii; and 13 WHEREAS, tourism dollars have been identified by the United 14 States Department of Commerce as an export, and President Barack 15 Obama's National Export Initiative of May 2010 seeks to double 16 U.S. exports by 2015; and 17 WHEREAS, China has transformed itself from an impoverished 18 country to the world's second largest economy, and as it grows, 19 continues to have an impact on Hawaii and the globe; and 20 WHEREAS, China is now a major trade partner with the United 21 States and force for stability and peace in Asia, and has become PRC Visa State Bill Page 3 C.R. NO. 1 a world leader in the auto market and the world's largest 2 producer of energy; and 3 WHEREAS, in spite of the reciprocity between China and 4 Hawaii, the visa application and approval process for Chinese 5 business and tourist travelers is an arduous and often lengthy 6 process which deters many potential visitors to Hawaii and the 7 United States; and 8 WHEREAS, a Chinese citizen who wishes to visit the United 9 States must appear in person before a U.S. consulate official to 10 obtain the visa but there are only five U.S. consulates in the 11 entire People's Republic of China; and 12 WHEREAS, due to the small number of consulates and staff to 13 handle the in-person interviews necessary for entry visas, the 14 average wait times for those interviews in China far exceed 15 those wait times in other countries; and 16 WHEREAS, one solution to ease this problem is for a country 17 to be admitted to the U.S. State Department's Visa Waiver 18 Program, which allows nationals from foreign countries to enter 19 the United States for tourism- or business-related purposes for 20 as long as 90 days without obtaining a visa; and PRC Visa State Bill Page 4 .C.R. NO. 1 WHEREAS, both Japan and South Korea qualify for visa 2 waivers; and 3 WHEREAS, when South Korea became one of the 36 countries in 4 the State Department's Visa Waiver Program in November of 2008, 5 it boosted tourism to Hawaii from that country; and 6 WHEREAS, in order for a country to qualify for the Visa 7 Waiver Program, the country must satisfy certain conditions, 8 with the United States government retaining the ultimate 9 discretion to admit the country to the program; and 10 WHEREAS, one condition for entry into the waiver program is 11 the rate of refusal of a country's visa applicants which must be 12 three percent or lower; and 13 WHEREAS, the refusal rate for Chinese visa applicants was 14 13.3 percent as of 2010; and 15 WHEREAS, the Travel and Tourism Advisory Board, a newly 16 created industry group appointed by the U.S. Secretary of 17 Commerce, recommended measures that can be taken to increase 18 travel to the U.S. from China, which include: (1) raising the 19 visa refusal rate from three to 10 percent; (2) establishing a 20 maximum wait time for in-person visa interviews of five days; 21 (3) adding four to six visa processing locations and several PRC Visa State Bill Page 5 C.R. NO. 1 hundred consulate officers to process visas; and (4) allowing 2 non-immigrant visas to last 10 years for Chinese visitors, which 3 is permitted in other countries; now, therefore 4 BE IT RESOLVED by the House of Representatives/Senate of 5 the Twenty-seventh Legislature of the State of Hawaii, Regular 6 Session of 2013, the Senate/House concurring, that it urges the 7 United States Department of State, the Department of Homeland 8 Security, and the United States Attorney General to include the 9 People's Republic of China in the Visa Waiver Program and 10 support the recommendations of the Travel and Tourism Advisory 11 Board to ease visa restrictions and the visa application and 12 approval process for business and tourist travelers from the 13 People's Republic of China; and PRC Visa State Bill Page 6 C.R. NO. 1 BE IT FINALLY RESOLVED that copies of this Resolution be 2 transmitted to the Honorable Hillary Clinton, Secretary of the 3 U.S. Department of State; Secretary Janet Napolitano, Secretary 4 of the Department of Homeland Security; U.S. Attorney General 5 Eric H. Holder Jr.; Secretary Rebecca Blank, Acting Secretary, 6 U.S. Department of Commerce; China's Ambassador to the United 7 States, 2201 Wisconsin Avenue, N.W., Suite 110, Washington, D.C. 8 20007; the members of Hawaii's Congressional delegation; the 9 Hawaii Tourism Authority; the Director of the Hawaii State 10 Department of Business, Economic Development and Tourism; the 11 Asian American Institute, 4753 North Broadway, Suite 904, 12 Chicago, Illinois 60640; the Organization of Chinese Americans, 13 1322 18th Street, NW, Washington, D.C. 20036-1803; and the 14 President of the Hawaii State Association of Counties and the 15 Mayors of the counties of Kauai, Hawaii, Honolulu, and Maui. 16 OFFERED BY: PRC Visa State Bill CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 12-182 Introduced: 07/18/12 By: STANLEY CHANG Committee: EXECUTIVE MATTERS AND LEGAL AFFAIRS Title: RESOLUTION APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL THAT URGES THE UNITED STATES DEPARTMENT OF STATE, THE DEPARTMENT OF HOMELAND SECURITY, AND THE UNITED STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS FOR THE PEOPLE'S REPUBLIC OF CHINA. x Links: RES12,.182 R 249' Voting Legend: Y= Aye, Y• = Aye w/Reservations, N = No, A = Absent, ABN = Abstain EXECUTIVE 07/24/12 CR -249 — RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. MATTERS AND LEGAL AFFAIRS COUNCIL 08/15/12 CR -249 AND RESOLUTION 12-182 WERE ADOPTED. ANDERSON A BERG Y CACHOLA Y CHANG Y GABBARD Y GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y I her ify that the above is a true record of action/bey the Council of the City and Copm of onoluRESOLUTION. �j�('(� �u • �d���,�'//moi /1 � � � ��G-/L. 5ERNICE K. N. MAU, CITY CLERK "� RNEST Y. MARTIN, CHAIR AND PRESIDIN ICER ` CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-183 RELATING TO THE INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL URGING THE GOVERNOR AND THE STATE LEGISLATURE TO MAINTAIN THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX. WHEREAS, the transient accommodations tax is a tax levied by the state on the proceeds derived from furnishing transient accommodations; and WHEREAS, in the 1990 legislative session, the Hawaii state legislature enacted Act 185 which gave the counties a share of the transient accommodations tax; and WHEREAS, according to Conference Committee Report 207, the purpose of Act 185 was to provide a more equitable method of sharing state revenues with the counties rather than continuing with the system existing at the time whereby the counties requested financial assistance through grants in aid from the state on a case by case basis; and WHEREAS, in Conference Committee Report 207, it was acknowledged that many of the burdens imposed by tourism fall on the counties including the costs of providing police and fire protection, maintaining county parks, beaches, water systems, roads, sewer systems and other tourism related infrastructure; and WHEREAS, the county share of the tax also provides more stability to county finances and enables improved budgeting and planning; and WHEREAS, 44.8% of the total transient accommodations tax collected by the state is distributed to the counties, is limited to a total of $93 million to the counties per fiscal year, and is allocated as follows: Kauai County - 14.5% Hawaii County - 18.6% City and County of Honolulu - 44.1% Maui County - 22.8% and WHEREAS, the transient accommodations tax revenues account for a significant portion of the counties' general fund budgets; and OCS/071812/03:33/HM 1 EMLA ' CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU .. HONOLULU, HAWAII RESOLUTION No. 12-183 WHEREAS, the state legislature has previously considered suspending the counties' allocation of the transient accommodations tax to balance the state budget and may again consider doing so for the 2014 fiscal year; and WHEREAS, maintaining the current allocation of the transient accommodations tax would allow the counties to continue providing essential government services to visitors and residents without significantly raising property taxes; and ,; WHEREAS, approval by all the counties is requested to include a proposal in the 2= HSAC legislative package; now, therefore, artc s{ BE IT RESOLVED by the Council of the City and County of Honolulu that it -i�—':LappMve for inclusion in the 2013 HSAC legislative package various resolutions, r.r` ;' �attaql,red as Exhibit A, urging the governor and state legislature to maintain the counties' Y'harif the transient accommodations tax; and .a cSE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. DATE OF INTRODUCTION: J U L 18 2012 Honolulu, Hawaii Councilmembers EXHIBIT A H.R. NO. HOUSE RESOLUTION URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX. 1 WHEREAS, the transient accommodations tax is a tax levied 2 by the state on the proceeds derived from furnishing transient 3 accommodations; and 4 5 WHEREAS, in the 1990 legislative session, the Hawaii state 6 legislature enacted Act 185 which gave the counties a share of 7 the transient accommodations tax; and 8 9 WHEREAS, according to Conference Committee Report 207, the 10 purpose of Act 185 was to provide a more equitable method of 11 sharing state revenues with the counties rather than continuing 12 with the system existing at the time whereby the counties 13 requested financial assistance through grants in aid from the 14 state; and 15 16 WHEREAS, the county share of the tax also provides more 17 stability to county finances and enables improved budgeting and 18 planning; and 19 20 WHEREAS, currently, 44.8% of the total transient 21 accommodations tax collected by the state is distributed to the 22 counties; of this amount, the revenue is allocated as follows: 23 24 Kauai County - 14.5% 25 Hawaii County - 18.6% 26 City and County of Honolulu - 44.1% 27 Maui County - 22.8% 28 100.0% 29 30 and 31 1 WHEREAS, the transient accommodations tax.revenues account 2 for a significant portion of the counties' general fund budgets; 3 and 4 5 WHEREAS, maintaining the current allocation of the 6 transient accommodations tax would allow the counties to 7 continue providing essential government services to visitors and 8 residents; and 9 10 WHEREAS, losing the current allocation of the transient 11 accommodations tax would require counties to significantly raise 12 property taxes; now, therefore, 13 14 BE IT RESOLVED by the Senate of the Twenty-eighth 15 Legislature of the State of Hawaii, Regular Session 2013, that 16 the Governor and the Legislature are urged to preserve the 17 counties' share of the transient accommodations tax; and 18 19 BE IT FURTHER RESOLVED that certified copies of this 20 Resolution be transmitted to the Governor, the Speaker of the 21 House, the President of the Hawaii State Association of 22 Counties, and the Mayors of the counties of Kauai, Hawaii, 23 Honolulu, and Maui. 24 25 26 OFFERED BY: S.R. NO. SENATE RESOLUTION URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX. 1 WHEREAS, the transient accommodations tax is a tax levied 2 by the state on the proceeds derived from furnishing transient 3 accommodations; and 4 5 WHEREAS, in the 1990 legislative session, the Hawaii state 6 legislature enacted Act 185 which gave the counties a share of 7 the transient accommodations tax; and 8 9 WHEREAS, according to Conference Committee Report 207, the 10 purpose of Act 185 was to provide a more equitable method of 11 sharing state revenues with the counties rather than continuing 12 with the system existing at the time whereby the counties 13 requested financial assistance through grants in aid from the 14 state; and 15 16 WHEREAS, the county share of the tax also provides more 17 stability to county finances and enables improved budgeting and 18 planning; and 19 20 WHEREAS, currently, 44.8% of the total transient 21 accommodations tax collected by the state is distributed to the 22 counties; of this amount, the revenue is allocated as follows: 23 24 Kauai County - 14.5% 25 Hawaii County - 18.6% 26 City and County of Honolulu - 44.1% 27 Maui County - 22.8% 28 100.0% 29 30 and 31 1 WHEREAS, the transient accommodations tax revenues account 2 for a significant portion of the counties' general fund budgets; 3 and 4 5 WHEREAS, maintaining the current allocation of the 6 transient accommodations tax would allow the counties to 7 continue providing essential government services to visitors and 8 residents; and 9 10 WHEREAS, losing the current allocation of the transient 11 accommodations tax would require counties to significantly raise 12 property taxes; now, therefore, 13 14 BE IT RESOLVED by the Senate of the Twenty-eighth 15 Legislature of the State of Hawaii, Regular Session 2013, that 16 the Governor and the Legislature are urged to preserve the 17 counties' share of the transient accommodations tax; and 18 19 BE IT FURTHER RESOLVED that certified copies of this 20 Resolution be transmitted to the Governor, the Speaker of the 21 House, the President of the Hawaii State Association of 22 Counties, and the Mayors of the counties of Kauai, Hawaii, 23 Honolulu, and Maui. 24 25 26 OFFERED BY: H.C.R. NO. HOUSE CONCURRENT RESOLUTION URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX. 1 WHEREAS, the transient accommodations tax is a tax levied 2 by the state on the proceeds derived from furnishing transient 3 accommodations; and 4 5 WHEREAS, in the 1990 legislative session, the Hawaii state 6 legislature enacted Act 185 which gave the counties a share of 7 the transient accommodations tax; and 8 9 WHEREAS, according to Conference Committee Report 207, the 10 purpose of Act 185 was to provide a more equitable method of 11 sharing state revenues with the counties rather than continuing 12 with the system existing at the time whereby the counties 13 requested financial assistance through grants in aid from the 14 state; and 15 16 WHEREAS, the county share of the tax also provides more 17 stability to county finances and enables .improved budgeting and 18 planning; and 19 20 WHEREAS, currently, 44.8% of the total transient 21 accommodations tax collected by the state is distributed to the 22 counties; of this amount, the revenue is allocated as follows: 23 24 Kauai County - 14.5% 25 Hawaii County - 18.6% 26 City and County of Honolulu - 44.1% 27 Maui County - 22.8% 28 100.0% 29 30 and 31 1 WHEREAS, the transient accommodations tax revenues account 2 for a significant portion of the counties' general fund budgets; 3 and 4 5 WHEREAS, maintaining the current allocation of the 6 transient accommodations tax would allow the counties to 7 continue providing essential government services to visitors and 8 residents; and 9 10 WHEREAS, losing the current allocation of the transient 11 accommodations tax would require counties to significantly raise 12 property taxes; now, therefore, 13 14 BE IT RESOLVED by the House of Representatives of the 15 Twenty-eighth Legislature of the State of Hawaii, Regular 16 Session of 2013, the Senate concurring, that the Governor and 17 the Legislature of the State of Hawaii are urged to preserve the 18 counties' share of the transient accommodations tax; and 19 20 BE IT FURTHER RESOLVED that certified copies of this 21 Concurrent Resolution be transmitted to the Governor, the 22 President of the Hawaii State Association of Counties, and the 23 Mayors of the counties of Kauai, Hawaii, Honolulu, and Maui. 24 25 26 OFFERED BY: S.C.R. NO. SENATE CONCURRENT RESOLUTION URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF HAWAII TO PRESERVE THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX. 1 WHEREAS, the transient accommodations tax is a tax levied 2 by the state on the proceeds derived from furnishing transient 3 accommodations; and 4 5 WHEREAS, in the 1990 legislative session, the Hawaii state 6 legislature enacted Act 185 which gave the counties a share of 7 the transient accommodations tax; and 8 9 WHEREAS, according to Conference Committee Report 207, the 10 purpose of Act 185 was to provide a more equitable method of 11 sharing state revenues with the counties rather than continuing 12 with the system existing at the time whereby the counties 13 requested financial assistance through grants in aid from the 14 state; and 15 16 WHEREAS, the county share of the tax also provides more 17 stability to county finances and enables improved budgeting and 18 planning; and 19 20 WHEREAS, currently, 44.8% of the total transient 21 accommodations tax collected by the state is distributed to the 22 counties; of this amount, the revenue is allocated as follows: 23 24 Kauai County - 14.5% 25 Hawaii County - 18.6% 26 City and County of Honolulu - 44.1% 27 Maui County - 22.8% 28 100.0% 29 30 and 31 1 WHEREAS, the transient accommodations tax revenues account 2 for a significant portion of the counties' general fund budgets; 3 and 4 5 WHEREAS, maintaining the current allocation of the 6 transient accommodations tax would allow the counties to 7 continue providing essential government services to visitors and 8 residents; and 9 10 WHEREAS, losing the current allocation of the transient 11 accommodations tax would require counties to significantly raise 12 property taxes; now, therefore, 13 14 BE IT RESOLVED by the Senate of the Twenty-eighth 15 Legislature of the State of Hawaii, Regular Session of 2013, the 16 House of Representatives concurring, that the Governor and the 17 Legislature of the State of Hawaii are urged to preserve the 18 counties' share of the transient accommodations tax; and 19 20 BE IT FURTHER RESOLVED that certified copies of this 21 Concurrent Resolution be transmitted to the Governor, the 22 President of the Hawaii State Association of Counties, and the 23 Mayors of the counties of Kauai, Hawaii, Honolulu, and Maui. 24 25 26 OFFERED BY: CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 12-183 Introduced: 07/18/12 By: STANLEY CHANG Committee: EXECUTIVE MATTERS AND LEGAL AFFAIRS Title: RESOLUTION RELATING TO THE INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL URGING THE GOVERNOR AND THE STATE LEGISLATURE TO MAINTAIN THE COUNTIES' SHARE OF THE TRANSIENT ACCOMMODATIONS TAX. Links: RES;1218a CF1-250, Voting Legend: Y= Aye, Y' = Aye w/Reservations, N = No, A = Absent, ABN = Abstain EXECUTIVE 07/24/12 CR -250 — RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. MATTERS AND LEGAL AFFAIRS COUNCIL 08/15/12 CR -250 AND RESOLUTION 12-183 WERE ADOPTED. ANDERSON A BERG Y CACHOLA Y CHANG Y GABBARD Y GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y [hereby rtify that the above is a true record of action by the Council of the City and Cou of nolulu ESOLUTIOON. ,' " � � /G/z BERNICE K. N. MAU, CITY CLERK XRNEST Y. MARTIN, CHAIR AND PRESIDING OFFICLIR CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-184, CD1 RELATING TO THE INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL RELATING TO THE EMPLOYER -UNION HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES. WHEREAS, despite the fact that the counties contribute a substantial amount to the Hawaii employer -union health benefits trust fund (EUTF) and the health and well- being of their employees and retirees depend on the benefit decisions made by the board of trustees, the counties have no representation on the EUTF board; and WHEREAS, of the total EUTF board membership, there are five employer trustees on the board who are state administration representatives; and WHEREAS, the Council believes that the counties need to have at least one member on the EUTF board to provide fiscal expertise and knowledge of county finances and the county workplace; and WHEREAS, previously the legislature has considered but not approved legislation requiring that one of the five seats on the board allocated to public employers be occupied by a member appointed by the mayors of all four counties and approved by the Hawaii State Association of Counties, was introduced; and WHEREAS, approval of all counties is required to include a proposal in the 2013 HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approve for inclusion in the 2013 HSAC legislative package a proposal, attached as Exhibit A, which requires that one of the seats on the EUTF board be appointed by the mayors of all four counties and approved by HSAC; and OCS/072012/04:05/YL CITY COUNCIL i CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-184, CD1 BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the President of HSAC. X T • M : • Ml•MI•PI July 18, 2012 Honolulu, Hawaii INTRODUCED BY: Stanley Chang 2 Councilmembers Resolution 12-184 — RELATING TO THE INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL RELATING TO THE EMPLOYER -UNION HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES PROPOSED CD1: Corrects a typographical error on page 2, line 2, of "Exhibit A." CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 12-184, CD1 Introduced: 07/18/12 By: STANLEY CHANG Committee: EXECUTIVE MATTERS AND LEGAL AFFAIRS Title: RESOLUTION RELATING TO THE INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL RELATING TO THE EMPLOYER -UNION HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES. Links::RESt'&'T84 REVS12484 061'` " CR':2�1 Voting Legend: Y= Aye, Y' = Aye w/Reservations, N = No, A = Absent, ABN = Abstain EXECUTIVE 07/24/12 CR -251 — RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION AS MATTERS AND AMENDED IN CD1 FORM. LEGAL AFFAIRS COUNCIL 08/15/12 CR -251 AND RESOLUTION 12-184, CD1 WERE ADOPTED_ ANDERSON A BERG Y CACHOLA Y CHANG Y GABBARD Y GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y I ;reb certify that the above is a true record of action by the Council of th U E C K. N. MAU, CIN CLERK CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION 12-186 No. APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES ("HSAC") LEGISLATIVE PACKAGE A PROPOSAL THAT PROVIDES THE COUNTIES WITH REPRESENTATION ON THE BOARD OF TRUSTEES OF THE EMPLOYEES' RETIREMENT SYSTEM OF THE STATE. WHEREAS, the counties of Honolulu, Kauai, Maui and Hawaii ("counties") contribute a considerable share to the employees' retirement system of the State and their employees and retirees are a significant portion of the system's membership; and WHEREAS, currently, the counties do not have any representation on the board of trustees of the employees' retirement system of the State; and WHEREAS, lack of representation may result in a situation where board members do not fully consider the costs of the actions on the counties, resulting in changes that may not be cost beneficial in the aggregate or may affect the income of county employees and retirees; and WHEREAS, county representation will ensure that the board possess expertise about county finances and the county workforce in making benefit decisions; and WHEREAS, it is in the best interest of the counties to have representation on the board of trustees of the employees' retirement system of the State; and WHEREAS, the unanimous approval of the county councils is necessary for inclusion of a proposal in the HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approve for inclusion in the 2013 HSAC legislative package a proposal, attached as Exhibit A, that would provide county representation on the board of trustees of the employees' retirement system of the State; and OC3/071812/03:27/CT 1 EIVILA CITY COUNCIL i CITY AND COUNTY OF HONOLULU No. HONOLULU, HAWAII RESOLUTION 12-186 BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties and the Mayors of the counties of Kauai, Hawaii, Honolulu and Maui. J ru co DATE OF INTRODUCTION: J U L 18 2012 Honolulu, Hawaii E Councilmembers EXHIBIT A B. NO. A BILL FOR AN ACT RELATING TO HAWAII EMPLOYER -UNION HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The legislature finds that the counties need 2 representation on the board of trustees of the Hawaii employer - 3 union health benefits trust fund. The counties contribute a 4 substantial amount to the fund, and the health and well-being of 6 their employees and retirees depend on the benefit decisions 6 made by the board of trustees. Despite their lack of 7 representation as public employers the counties are affected by 8 board decisions. 91 The purpose of this Act is to require that one of the five 10 seats on the board allocated to public employers be occupied by 11 a member appointed by the mayors of all four counties and 12 approved by the Hawaii State Association of.Counties. 13 SECTION 2. Section 87A-5, Hawaii Revised Statutes, is 14 amended to read as follows: 15 11987A-5 Composition of board. EUTF State Bill • Page 2 • B. NO. 1 The board of trustees of the employer -union health benefits 2 trust fund shall consist of ten trustees appointed [by the - 3 mer] in accordance with the following procedure: 4 (1) Five trustees[,] appointed by the governor, one of 6 whom shall represent retirees, to represent employee - 6 beneficiaries and to be sele ted as follows: 7 (A) Three trustees shall be appointed from a list of 8 two nominees per trusteselected by each of the 9 three exclusive represe tative organizations that 10 have the largest number of employee - 11 beneficiaries; 12 (B) One trustee shall be appointed from a list of two 13 nominees selected by mu ual agreement of the 14 remaining exclusive emp oyee representative 16 organizations; and 16 (C) One trustee representing retirees shall be 17 appointed from a list of two nominees selected by 18 mutual agreement of all eligible exclusive 19 representatives; and 20 (2) Five trustees to represent public employers[—], 21 four. of whom shall be appointed by the governor, EUTF State Bill .B. NO. A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The legislature finds that the counties need 2 county representation on the board of trustees of the employees' 3 retirement system of the State. The counties contribute a 4 considerable share to retirement system costs, and their 5 employees and retirees are a significant portion of the system's 6 membership. County representation will ensure that the board 7 possesses expertise about county finances and the county 8 workforce in making benefit decisions. Lack of representation 9 may result in a situation where board members do not fully 10 consider the costs of their actions on the counties, resulting 11 in changes that may not be cost beneficial in the aggregate or 12 may affect the retirement income of county employees and 13 retirees. 14 The purpose of this Act is to include county representation 15 on the membership of the board of trustees of the employees' 16 retirement system. Reso ERS 1 2 3 4 7 8 9 10 13 14 15 16 17 18 19 20 21 22 Page 2 B. NO. SECTION 2. Section 88-24, Hawaii Revised Statutes, is amended to read as follows: "§88-24 Composition of board. The board of trustees shall consist of [eight] ten members as follows: (1) The director of finance of the State, ex officio; (2) [fir] Five members of the system, [t -we] three of whom shall be general employees, one of whom shall be a teacher, and one of whom shall be a retirant to be elected by the members and retirants of the system under rules adopted by the board governing the election to serve for terms of six years each, one of the terms to expire on January 1 of each even -numbered year; provided that, if after the close of filing of petitions for candidacy, a member is unopposed for election to a trustee position, the member shall be deemed and declared to be duly and legally elected to the position of trustee without an election; and (3) Three citizens of the State who are not employees, two of whom have at least three years of experience providing financial services, including investments, to public, corporate, or private institutional clients, to be appointed by the governor, with the Reso ERS Page 3 B. NO. 1 advice and consent of the senate, to serve for a term 2 of six years each, one of the terms to expire 3 January 1 of each odd -numbered year[—.]; and 4 (4) One member appointed by unanimous agreement of the 5 mayors of each of the four counties and approved by 6 the Hawaii State Association of Counties, subject to 7 the advice and consent of the senate in the same 8 manner as trustees appointed by the governor, to serve 9 for a term of six years, with each term to expire on 10 January 1 of an odd -numbered year. The counties shall 11 be responsible for all necessary expenses, including 12 travel, board, and lodging expenses, and any other 13 costs, incurred in the performance of the member's 14 duties. 15 Each trustee shall serve until the trustee's successor is 16 elected or appointed, as the case may be, and qualified. For 17 the purpose of this section, the term "general employees" 18 includes police officers and firefighters." 19 SECTION 3. Statutory material to be repealed is bracketed 20 and stricken. New statutory material is underscored. Reso ERS Page 4 iia 3 B. NO. SECTION 4. This Act shall take effect on July 1, 2030. INTRODUCED BY: Reso ERS CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 12-186 Introduced: 07/18/12 By: STANLEY CHANG Committee: EXECUTIVE MATTERS AND LEGAL AFFAIRS Title: RESOLUTION APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES ("HSAC") LEGISLATIVE PACKAGE A PROPOSAL THAT PROVIDES THE COUNTIES WITH REPRESENTATION ON THE BOARD OF TRUSTEES OF THE EMPLOYEES' RETIREMENT SYSTEM OF THE STATE. Links: RES:1�:8:6 Voting Legend: Y= Aye, Y` = Aye w/Reservations, N = No, A = Absent, ABN = Abstain EXECUTIVE 07/24/12 CR -252 — RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. MATTERS AND LEGAL AFFAIRS COUNCIL 08/15/12 CR -252 AND RESOLUTION 12-186 WERE ADOPTED. ANDERSON A BERG Y CACHOLA Y CHANG Y GABBARD Y GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y 1 hereby certify that the above is a true record of action by the Council of the ;RNEST and C o onolu SOLUTION. BERNICE K. N. MAU, CITY CLERK Y. MARTIN, CHAIR AND PRESIDING O R CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-187 APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL RELATING TO ELECTRONIC WASTE RECYCLING. WHEREAS, in the United States, electronic waste is rapidly becoming the fastest growing segment of the municipal solid waste stream; and WHEREAS, common examples of electronic waste include televisions, radios, disc and tape recorders and players, audio/visual equipment, computer-related devices, personal digital assistants, cellular telephones, telephone systems, answering machines, computer games, electronic toys, camcorders, and digital cameras; and WHEREAS, the City anticipates the amount of electronic items being discarded to increase as technology advances and becomes more prevalent in the workplace and at home; and WHEREAS, electronic waste is a particular concern with regard to public health and safety because such waste frequently contains toxic materials, such as lead in the circuit board soldering or in the cathode ray tube; and WHEREAS, legislation is needed to reduce electronic waste and increase the recycling of electronic devices; and WHEREAS, the unanimous approval of the county councils is necessary for inclusion of a proposal in the Hawaii State Association of Counties ("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 2013 HSAC legislative package a proposal, attached as Exhibit A, that would strengthen the laws relating to electronic waste recycling; and OCS/071812/04:15/YL 1 EMLA e CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-187 BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties and the Mayors of the counties of Kauai, Hawaii, Honolulu and Maui. J U L 18 2012 Honolulu, Hawaii 2 Councilmembers 03 mzn.,. 3DAU OF INTRODUCTION: ro J U L 18 2012 Honolulu, Hawaii 2 Councilmembers Exhibit A z B. NO. 3 4 5 A BILL FOR AN ACT 6 RELATING TO ELECTRONIC WASTE RECYCLING. 7 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 9 SECTION 1. Chapter 339D, Hawaii Revised Statutes, is 10 amended by adding four new sections to be appropriately 11 designated and to read as follows: 12 "§339D -A Annual reporting; determination of market share. 13 (a) Each electronic device manufacturer shall report 14 annually to the department its sales, by weight, of the 15 manufacturer's covered electronic devices in the State, 16 categorized by type, to the extent known. If the electronic 17 device manufacturer is unable to provide accurate sales data, it 18 shall explain why the data cannot be provided and estimate its 19 sales data using a method established by the department by rule. 20 b) The department shall determine annually an electronic 21 device manufacturer's market share. An electronic device - E -waste State Bill I manufacturer's market share shall be the percentage of the 2 weight of all covered electronic devices sold in the State 3 comprised of covered electronic devices sold by the electronic 4 device manufacturer. 5 (c) The department shall use the best available 6 information to establish the weight of all electronic devices 7 sold in the State, including but not limited to the reports 8 submitted pursuant to subsection (a), state and national sales 9 data, and other reliable commercially available, supplemental 10 sources of information. 11 (d) Beginning March 15, 2014, and each year thereafter, 12 the department shall notifv each electronic device manufacturer 13 of its recycling responsibility under section 339D-4, based on 14 the department's determination of its market share. 15 §339D -B Liability for stored information. 16 An electronic device manufacturer shall not be liable for 17 any loss or misuse of electronic data or other information that 18 a consumer may have stored on a covered electronic device that 19 is recovered or recvcled by the electronic device manufacturer. 20 §339D -C Envirormental management. 21 (a) All covered electronic devices shall be recycled 22 pursuant to this chapter, in a manner that complies with 23 applicable federal, state, and county laws and requirements. E -waste State Bill 1 (b) The department shall adopt rules, pursuant to chapter 2 91, that include the Institute of Scrap Recycling Industries, 3 Inc.'s Electronics Recycling Operating Practices as requirements 4 for recycling covered electronic devices. 5 §339D -D State procurement. 6 Any state or county agency that purchases or leases any 7 covered electronic device shall require each prospective offeror 8 to certify compliance with this chapter. Failure to provide 9 certification shall disqualify the prospective offeror." 10 SECTION 2. Section 339D-1, Hawaii Revised Statutes, is 11 amended as follows: 12 By amending the definitions of "brand", "covered electronic 13 device", "covered entity", "covered television", "recycling", 14 and "retailer" to read: 15 1. ""Brand" means a symbol, word, or mark that identifies 16 a covered electronic device [ef a ee*efed to ev s en], rather 17 than any of its components. 18 "Covered electronic device": 19 (1) Means [a]: 20 (A) A computer, computer printer, computer 21 monitor, or portable computer with a screen 22 size greater than four inches measured 23 diagonally; [ate] or E -waste State Bill I (B) A television with a screen size of nine - 2 inches or larger as measured diagonally; 3 and 4 5 (2) Shall not include: 6 (A) A covered electronic device that is a part 7 of a motor vehicle or any component part of 8 a motor vehicle assembled by or for a motor 9 vehicle manufacturer or franchised dealer, 10 including replacement parts for use in a 11 motor vehicle; 12 (B) A covered electronic device that is 13 functionally or physically required as a 14 part of a larger piece of equipment designed 15 and intended for use in an industrial, 16 commercial, or medical setting, including 17 diagnostic, monitoring, or control 18 equipment; 19 (C) A covered electronic device that is 20 contained within a clothes washer, clothes 21 dryer, refrigerator, refrigerator and 22 freezer, microwave oven, conventional oven E -waste State Bill I or range, dishwasher, room air conditioner, 2 dehumidifier, or air purifier; or 3 (D) A telephone of any type." 4 "Covered entity" means any [heusehe d ] person, government 5 entity, business, or nonprofit organization exempt from taxation 6 under section 501(c)(3) of the Internal Revenue Code, regardless 7 of size or place of operation within the State. 8 [ "Eever-ed televisien" . 9 -(1+ limns] "Television" means any device that is 10 capable of receiving broadcast, cable, or 11 satellite signals and displaying television or 12 video programming, including without limitation 13 any direct view or projection television [with a 14 viewable sereen efnine—inehes e —1aEgeE] with 15 display technology based on cathode ray tube, 16 plasma, liquid crystal, digital light processing, 17 liquid crystal on silicon, silicon crystal 18 reflective display, light emitting diode, or 19 similar technology marketed and intended for use 20 by a [.,...,..,.he d, ] person; 21 [4-2 Sha -ll Fiet inelude 22 +A , 23 meniter, eEpeFtable __ p ,'-__; � E-waste State Bill 1 +E+ Atelegisien that is a part e€-efffeter 2 3 vehiele-assembled by er fera vehieie 4 m, €aet-urer er fEane€iised dealer, ---e, _ding 5 replaeement parts €eruse -in a teeter 6vehiele-; 7 -4 4 A television that is f heti- ,,: -- 8 physieelly required as a part e€ aarge= 9 p i-eee-e f e qu i pfre n t designed ,and intended €e r 10 use in an industrial, eemmere-: a, , er fftedieal 11 setting, ieelud-ing-diegnestle,-Ftenitering, 12 er eentrel equipment; 13 +9-) , 14 telephene;] ar 15 -E-F3- ] 16 "Recycling" means processing (including disassembling, 17 dismantling, or shredding) covered electronic devices [er 18 eevered to ev .. "nal or their components to recover a useable 19 product; provided that "recycling" does not include any process 20 defined as incineration under applicable laws and rules." 21 "Retailer" means any person who offers covered electronic 22 devices [or- eeveFed to ev slens] for sale, other than for resale E -waste State Bill I by the purchaser, through any means, including sales outlets, 2 catalogs, or the Internet." 3 2. By deleting the definitions of "household", "market 4 share", and "television manufacturer". (—Heuseheld means any ea eupaet e -f e ---single 6 dwelling unit eE of a single unit e€ a Fnulti:ple filling --urs - 7 8 at a -dwelling -unit —p ariiy—€er pei-senal ar heme business use 9 "Market -share" 10 +-1+ Means —the —ealeulatien e€ -a televis-ien— 11 ftanufaeturer's—pfieryeaf's sales of t-e1evisie 12 divided by all manu€aetuEeEs' pEleryear' s sales 13 €ems—a-ll televislens, as deteEmined by the 14 department -t {2} May be expressed as a pereentage, a fraetien, er- 16 a d ee-i-ftta 1- € r a et ien— 17 "Televisien manufeetu er" 18 +l}- Manufactures fersale in the-State—acv ered 19 teleQ-mss}en under a brand that it =ieenses er 20 ewns-; 21 -E+ Manufaetures fer sale in tete-Stato eevered 22 tel -e vi s -i en-s—wi t h e ut—a ft i x ing--a—b•r-anEi;- E-waste State Bill I 4-3-Y Resells inte-the -State -e eevered t-elevsien 2 manufaetured by et#eEs--under - a brand that the - 3 seller ewser is-lieensed to -use; 4 -Ell-} 3mpertslate the -United States -- experts frem 5 the United -States a eevered television-€er s,rre- 6 is -theme, 7-( `�-} Sells at ret-a}i a eey Eed to e - isle _ _equ re 8 €fear -air- mperter deseribed-inparagEap (4), an 9 eleets te fegister as the manufaetuEer €er these 10 p_"`°-ets, 11 -E4-?- Manufaeturres eevered televisie 12 them te any persen 9,- persens within -- 13 dstElbutien r<etioeiFk that rneludes whelesalers- - 14 retailerss ie—this —State; --eE 15 -(-7+ Assumes the respensibilities aed—ebligatlegs of a-- 16 . 17 in the event the televisles mane€aeturer ls-ire-whe- 18 ncanufaetures, sells, er- resells eevefed televisiees=ander-a-- 19 brand fer whieh it has ebtained the lieense, then the lieensef 20 er brandewner of tie -bre -s` a:11 net -be-ieluded in the - 21 d€initien-e€ televislen fnarufaetufeE ander paragraph --(-1) eE 22" ) E -waste State Bill I SECTION 3. Section 339D-4, Hawaii Revised Statutes, is 2 amended by amending subsections (c) and (d) to read as follows: 3 "(c) By June 1, 2009, and annually thereafter, each 4 electronic device manufacturer shall submit a plan to the 5 department to establish, conduct, and manage a program for the 6 collection, transportation, and recycling of its covered 7 electronic devices sold in the State, which shall be subject to 8 the following conditions: 9 -(1) The plan shall net peFmit t-he-ehafging of a-€ee- 10 at -the-pe i nt o f -reeve l ing-i f the eavered 11 eleetrenA:e deviee is -bre by the Ye 12 eleetr-en-ie device ewi%r te a central leen ten fei- 13 Eeeye3ing; -p evaded that -the- man may ine-lude a 14 regia le trans-pertatien fee if the-eleetr-enie- 15 deviee-Faanufaeturer-ems eleetrenie deviee- 16 manufaetuEer's argent Eemevee the eavefed 17 eleetEenie-deviee €rem -the- ewner''-s- premises at-- 18 the ewner's- request and if the -rem—is-T t in 19 eeketlee with dellver-y-e€ a new eleetreni-e- 20 deviee-te the -ewner;-and] 21 (1) The plan shall include a description of the 22 methods for the convenient collection of covered 23 electronic devices at no cost to the covered E -waste State Bill I entities. The recycling plan shall provide 2 collection services of covered electronic devices 3 in each county of the state. In addition, for 4 United States Postal Zip Code areas with a 5 population greater than twenty-five thousand, the 6 plan shall provide at least one of the following 7 services• 8 (A) A staffed drop-off site; 9 (B) Alternative collection service such as on - 10 site pick-up service; or 11 (C) Collection events which are periodically 12 held at an easily accessible, central 13 location; 14 (2) Each electronic device manufacturer may develop 15 its own recycling program or may collaborate with 16 other electronic device manufacturers, so long as 17 the program is implemented and fully operational 18 no later than January 1, 2010[—]; 19 (3) Each electronic device manufacturer's plan shall 20 provide for recycling covered electronic devices 21 of an amount equal in weight to its market share 22 of covered electronic devices sold in the State E -waste State Bill I each year as determined pursuant to section 339D- 2 A; and 3 (4) Plans that contain only a mail -back option shall 4 not be allowed. 5 (d) By March 31, 2011, and annually thereafter, each 6 electronic device manufacturer shall submit a report to the 7 department of the total weight of all covered electronic devices 8 recycled in the previous year, which may include both an 9 electronic device manufacturer's own covered electronic devices 10 and those of other manufacturers." 11 SECTION 4. Section 339D-6, Hawaii Revised Statutes,, is 12 amended to read as follows: 13 "[f1§339D-6[}] Department responsibility. 14 (a) Beginning January 1, 2010, the department shall 15 maintain and update a website and a toll-free number with 16 current information on where covered entities can return covered 17 electronic devices for recycling. 18 (b) The department, in consultation with electronic device 19 manufacturers, shall develop an electronic device recycling 20 education program for consumers." 21 SECTION 5. Section 339D-7.5, Hawaii Revised Statutes, is 22 amended to read as follows: E -waste State Bill 1 "[-[-]§339D-7.5[}] Manufacturer and agent responsibilities; 2 regulatory compliance. 3 Each electronic device manufacturer [...,,., to ev S; S~ 4 ~••`attar~] shall be responsible for ensuring that the 5 electronic device manufacturer and its agents follow all 6 federal, state, and local regulations when collecting, 7 transporting, and recycling covered electronic devices [ef 8eever-ed telev dens] , and adopt environmentally sound recycling 9 practices for the covered electronic devices [ems 10 tel al 11 SECTION 6. Section 339D-8, Hawaii Revised Statutes, is 12 amended to read as follows: 13 §339D-8 Enforcement. 14 (a) The department may conduct audits and inspections to 15 determine compliance under this chapter. Except as provided in 16 subsection (c), the department and the attorney general shall be 17 empowered to enforce this chapter and take necessary action 18 against any electronic device [er televisleR FRanufaeturer] or 19 retailer for failure to comply with this chapter or rules 20 adopted thereunder. 21 (b) The attorney general may file suit in the name of the 22 State to enjoin an activity related to the sale of covered E -waste State Bill I electronic devices [eiF eevefed tele 4:5i ns] in violation of this 2 chapter. 3 (c) The department shall issue a warning notice to a 4 person for the person's first violation of this chapter. The 5 person shall comply with this chapter within sixty days of the 6 date the warning notice was issued or be subject to the 7 penalties provided by law or rule, including[,,-] but not limited 8 to[-] penalties set forth in subsections (d) through (g). A 9 retailer that receives a warning notice from the department for 10 a violation of section 339D -3(a) [ems 3399 244 ,'] shall submit 11 proof to the department, within sixty days from the date the 12 warning notice was issued, that its inventory of covered 13 electronic devices [er ^ telev ens] offered for sale is 14 in compliance with this chapter. 15 (d) Any retailer who sells or offers for sale an unlabeled 16 covered electronic device [e-- unlabeled eeveEedtel n) in 17 violation of section 339D-3 [er 33138-24, =- peet vel ] or any 18 electronic device [er tele i-sie ] manufacturer that fails to 19 comply with any provision of section 339D-4 [er 339x-23, 20 _ _ p....t_ve j•, ] may be assessed a penalty of up to $10,000 for 21 the first violation and up to $25,000 for the second and each 22 subsequent violation, in addition to any additional penalties 23 required or imposed pursuant to this chapter. E -waste State Bill I (e) Except as provided in subsection (d), any person who 2 violates any requirement of this chapter may be assessed a 3 penalty of up to $1,000 for the first violation and up to $2,000 4 for the second and each subsequent violation, in addition to any 5 additional penalties required or imposed pursuant to this 6 chapter. 7 (f) The department shall determine additional penalties 8 based on adverse impact to the environment, unfair competitive 9 advantage, and other considerations that the department deems 10 appropriate. 11 (g) If [a eevered televisi-] an electronic device 12 manufacturer fails to recycle its market share allocation, the 13 department shall impose a penalty of [ 0 eents] $ per 14 pound for each pound not recycled." 15 SECTION 7. Section 339D-9, Hawaii Revised Statutes, is 16 amended by amending subsection (b) to read as follows: 17 "(b) Notwithstanding subsection (a), the department shall 18 not have the authority to assess any fees, including an advanced 19 recycling fee, registration fee, or other fee, on consumers[7- 20 televisien manufaeturers, er retailers fef reeevery ef eevered 21 televisieneeiEeept these rretod--in sPetiens—r339D--4and 3390 22 2--z] . E -waste State Bill 1 SECTION 8. Section 339D-11, Hawaii Revised Statutes, is 2 amended by amending subsection (b) to read as follows: 3 (b) The department shall compile the information submitted 4 by (eevered to ev s en) electronic device manufacturers and 5 issue a report to the legislature no later than April 1, 2012, 6 and annually each year thereafter." 7 SECTION 9. Section 339D-12, Hawaii Revised Statutes, is 8 amended to read as follows: 9 "§339D-12 Federal preemption. 10 [ (a) Pa~'- 11 of th &] This chapter shall be deemed 11 repealed if a federal law or a combination of federal laws takes 12 effect that establishes a national program for the collection 13 and recycling of covered electronic devices that substantially 14 meets the intent of [parte ef-] this chapter, including the 15 creation of a financing mechanism for collection, 16 transportation, and recycling of all covered electronic devices 17 from covered entities in the United States. 18 [(b) [Part -Vj of this eh-apti:�}a'bc deemed repealed if 19 a federal law er a eefftbinatien ef federal laws takes effeet that 20 establishes- a nazrenal pregrof €$F the reeyeling of eevefed 21 t-elevisrens that substantially fflee-ts the -intent -e€ [-parte -1W] of 22 this e ..pier _ ] " E -waste State Bill I SECTION 10. Chapter 339D, part IV, Hawaii Revised 2 Statutes, is repealed. 3 SECTION 11. No later than December 31, 2013, the 4 department of health shall adopt rules, pursuant to chapter 91, 5 that authorize the recovery and recycling of cathode ray tubes 6 in Hawaii to safely further the objectives of chapter 339D, 7 Hawaii Revised Statutes. 8 9 10 11 12 13 14 15 16 SECTION 12. 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 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 14. This Act shall take effect upon its approval. INTRODUCED BY: E -waste State Bill CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 12-187 Introduced: 07/18/12 By: STANLEY CHANG Committee: EXECUTIVE MATTERS AND LEGAL AFFAIRS Title: RESOLUTION APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL RELATING TO ELECTRONIC WASTE RECYCLING. Links: RE1.21;87 Voting Legend: Y= Aye, Y` = Aye w/Reservations, N = No, A = Absent, ABN = Abstain EXECUTIVE 07/24/12 CR -253 — RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. MATTERS AND LEGAL AFFAIRS COUNCIL 08/15/12 CR -253 AND RESOLUTION 12-187 WERE ADOPTED. ANDERSON A BERG Y CACHOLA Y CHANG Y GABBARD Y GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y I hereby certify that the above is a true record of action by the Council of the Cityand Co 0 onolulu on this RESOLUTION. BE NICE K. N. MAU, CI CLERK E EST Y. MARTIN, CHAIR AND PRESIDING O R CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-190 APPROVING NOMINEES TO THE BOARD OF DIRECTORS OF THE NATIONAL ASSOCIATION OF COUNTIES AND THE WESTERN INTERSTATE REGION. WHEREAS, the Hawaii State Association of Counties (HSAC) is comprised of the members of the four County Councils of the State of Hawaii; and WHEREAS, through their HSAC membership, all four County Councils are also members of the National Association of Counties (NACo), an organization comprised of 3,068 member counties across the nation; and WHEREAS, all four County Councils are also members of the Western Interstate Region (WIR), a NACo caucus comprised of 15 member -states designated within the western region of the United States; and WHEREAS, section 5A of the HSAC bylaws requires the two NACo directors nominated by HSAC also be nominated by each Council; and WHEREAS, section 5A of the HSAC bylaws also states that HSAC may nominate the third NACo director appointed by the NACo President; and WHEREAS, section 5C of the HSAC bylaws requires the two WIR directors nominated by HSAC to be approved by each Council; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approves the HSAC Executive Committee nominees to the NACo board of directors for FY 2013, as follows: Honolulu Councilmember Stanley Chang Presidential Appointee Kauai Councilmember KipuKai Kualii Director Maui Councilmember Joseph Pontanilla Director and BE IT FURTHER RESOLVED that the Council approves the HSAC Executive Committee nominees to the WIR board of directors for FY 2013, as follows: Kauai Councilmember Tim Bynum Director Hawaii Councilmember K. Angel Pilago Director and OCS/071312/02:40/YL 1 EM LA CITY COUNCIL 1 CITY AND COUNTY OF HONOLULU No. 12-190 HONOLULU, HAWAII RESOLUTION BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the President of the Hawaii State Association of Counties. DATE OF INTRODUCTION: JUL 19 2012 Honolulu, Hawaii INTRODUCED BY: 2 Councilmembers CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 12-190 Introduced: 07/19/12 By: STANLEY CHANG Committee: EXECUTIVE MATTERS AND LEGAL AFFAIRS Title: RESOLUTION APPROVING NOMINEES TO THE BOARD OF DIRECTORS OF THE NATIONAL ASSOCIATION OF COUNTIES AND THE WESTERN INTERSTATE REGION. Links:-, RR1i0 Voting Legend: Y= Aye, Y* = Aye w/Reservations, N = No, A = Absent, ABN = Abstain EXECUTIVE 07/24/12 CR -254 — RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. MATTERS AND LEGAL AFFAIRS COUNCIL 08/15/12 CR -254 AND RESOLUTION 12-190 WERE ADOPTED. ANDERSON A BERG Y CACHOLA Y CHANG Y GABBARD Y GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y I hereby certify that the above is a true record of action by the Council of the City and?111y 1y of no ESOLUTIO�N./�� �'"� BERNICE K. N. MAU, CITY CLERK NEST Y. MARTIN, CHAIR AND PRESIDING O ER '' • CITY COUNCIL a 1 CITY AND COUNTY OF HONOLULU ti HONOLULU, HAWAII RESOLUTION No. 12-191 RELATING TO THE INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL TRANSFERRING A PORTION OF THE FINES AND FORFEITURES FROM UNCONTESTED TRAFFIC INFRACTIONS 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, the cost to the counties of enforcing the state and county traffic laws and prosecuting violators is substantial and presently paid mainly from county general funds and highway funds; and WHEREAS, all fines and forfeitures from the state and county traffic violations, however, are paid to the state and used as state general fund revenues; and WHEREAS, none of the fines and forfeitures are transmitted to the counties despite their enforcement and prosecution efforts; and WHEREAS, the council understands that a substantial portion of the traffic fines and forfeitures received by the state are derived from uncontested infractions; and WHEREAS, the council also understands that the state judiciary does not have to make substantial expenditures of state funds to collect the uncontested fines and forfeitures; and WHEREAS, transferring to the counties a portion of the uncontested traffic fines and forfeitures would be equitable and assist the counties in funding the cost of enforcing state and county traffic laws and prosecuting violators; and WHEREAS, approval of all counties is required to include a proposal in the 2013 HSAC legislative package; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that it approve for inclusion in the 2013 HSAC legislative package a proposal, attached as Exhibit A, that would transfer a portion of the fines and forfeitures from uncontested traffic infractions to the counties; and OCS/071812/04:57/HM 1 EMLA CITY COUNCIL i CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII RESOLUTION No. 12-191 BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the President of the Hawaii State Association of Counties. DATE OF INTRODUCTION: JUL 20 2012 Honolulu, Hawaii INTRO UCED BY: 2 1-5 Councilmembers 2 EXHIBIT A .B. NO. A BILL FOR AN ACT RELATING TO TRAFFIC INFRACTIONS. 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 UNCONTESTED TRAFFIC FINES 6 AND FORFEITURES TO COUNTIES 7 § - 1 Definitions. For purposes of this chapter, 8 unless the context clearly requires otherwise: 9 "Traffic infraction" means the same as defined under 10 section 291D-2. 11 "Uncontested traffic infraction" means a traffic infraction 12 for which the person noticed under section 291D-5 does not 13 contest the infraction. A person "does not contest" an 14 infraction if, in accordance with'section 291D -6(b)(1), the 15 person admits the commission of the infraction without 16 requesting a hearing to explain mitigating circumstances and 17 pays or remits bail forfeiture by mail within thirty days. Page 2 B. NO. 1 § -2 Transmittal of fines and forfeitures. (a) The state 2 director of finance shall transmit to each county not more than 3 thirty days after the end of each fiscal quarter per cent of 4 all the fines and forfeitures collected for uncontested traffic 5 infractions committed in that county which are in excess of 6 amounts required by the State to pay the administrative costs of 7 the traffic violations bureau. 8 (b) Subsection (a) shall not apply to: 9 (1) Fines and forfeitures for violations that occur on 10 state off-street parking facilities, parks, airports, 11 and harbors that are subject to enforcement by the 12 State; and 13 (2) Fines and forfeitures that are required by law to be 14 paid into a special, revolving, or trust fund. 15 No county shall be entitled to any portion of the fines and 16 forfeitures described in this subsection." 17 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is 18 amended by amending subsection (a) to read as follows: 19 "(a) All fines and forfeitures collected upon conviction or 20 upon the forfeiture of bail of any person charged with a 21 violation of any section or provision of the state traffic laws 22 and all assessments collected relating to the commission of Page .B. NO■ 1 traffic infractions shall be paid to the state director of 2 finance [e€— the —Staze]. 3 The judiciary shall identify those uncontested traffic 4 infractions as defined in section -1. The disposition of fines 5 and forfeitures paid to the state director of finance shall be 6 subject to section -2." 7 SECTION 3. Statutory material to be deleted is bracketed 8 and stricken. New material is underscored. 9 SECTION 4. This Act shall take effect on July 1, 2013. 10 INTRODUCED BY: CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAII CERTIFICATE RESOLUTION 12-191 Introduced: 07/20/12 By: STANLEY CHANG Committee: EXECUTIVE MATTERS AND LEGAL AFFAIRS Title: RESOLUTION RELATING TO THE INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSAL TRANSFERRING A PORTION OF THE FINES AND FORFEITURES FROM UNCONTESTED TRAFFIC INFRACTIONS TO THE COUNTIES. Links: RES12:h191 _ CR 2a5 �F, r Voting Legend: Y= Aye, Y' = Aye w/Reservations, N = No, A = Absent, ABN = Abstain EXECUTIVE 07/24/12 CR -255 — RESOLUTION REPORTED OUT OF COMMITTEE FOR ADOPTION. MATTERS AND LEGAL AFFAIRS COUNCIL 08/15/12 CR -255 AND RESOLUTION 12-191 WERE ADOPTED. ANDERSON A BERG Y CACHOLA Y CHANG Y GABBARD Y GARCIA Y HARIMOTO Y KOBAYASHI Y MARTIN Y I hereby certify that the above is a true record of action by the Council of the City and C o onollk is RESOLUTION. BERNICE K. N. MAU, CITY CLERK RRNEST Y. MARTIN, CHAIR AND PRESIDING ZMCER COUNTY COUNCIL Jay Furfaro, Chair JoAnn A. Yukimura, Vice Chair Tim Bynum Dickie Chang KipuKai Kuali`i Nadine K. Nakamura Mel Rapozo Council Services Division 4396 Rice Street, Suite 209 L-ihu`e, Kauai, Hawaii 96766 August 30, 2012 Honorable Mel Rapozo, HSAC President and HSAC Executive Committee Members 4396 Rice Street, Suite 209 Lihu`e, HI 96766 Dear President Rapozo: OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain-Tanigawa, Deputy County Clerk Telephone (808) 241-4188 Fax (808)241-6349 Email cokcouncilna,kauai.gov During the August 22, 2012 and August 29, 2012 Kauai County Council Meetings, the Kauai County Council approved the following proposals to be included in the 2013 Hawaii State Association of Counties (HSAC) Legislative Package, and are attached hereto: 1. A BILL FOR AN ACT RELATING TO ENERGY RESOURCES 2. A BILL FOR AN ACT RELATING TO AFFORDABLE HOUSING CREDITS On behalf of the Kauai County Council, we request your approval to include the proposals in the 2013 HSAC Legislative Package. Your consideration and attention to this matter is greatly appreciated. Should you have any questions, please feel free to call the Office of the County Clerk, County of Kauai, at (808) 241-4188. Attachments AB:VAMicha1Nakashima\jf 2010-2012\Letter to HSAC (Kauai Proposals) 2012-1276.docx. AN EQUAL OPPORTUNITY EMPLOYER JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties (HSAC) TITLE: Relating to Energy Resources PURPOSE: To amend the State law (Act 204) that requires solar water heating on all new single-family and duplex homes. The amendment would require that the buyer -owner of a new single-family or duplex home be the applicant for the variance allowing on -demand gas in lieu of a solar water heater; otherwise, a solar water heater will be required. This is a consumer protection measure as well as an energy efficiency and conservation measure. MEANS: Amend Section 196-6.5, Hawaii Revised Statutes JUSTIFICATION: Amendments are necessary to fulfill the intention of the Legislature, as expressed in Act 155, the Clean Energy Initiative, that variances to the requirement of a solar water heater would be "rarely" granted and that the "gas variance" would be considered only if requested by the buyer -owner of a new home who would be ultimately responsible for energy consumption costs. Where there is no buyer occupant at the time of building, the "gas variance" shall not be available. Other variances, however, will remain. For example, if a home is being built where there is little sun and the applicant can show that a solar water heater is not feasible, it will not be required. .B. NO. A BILL FOR AN ACT RELATING TO ENERGY RESOURCES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Purpose and Findings. The legislature finds that 2 independence from fossil fuels is critical for the security and wellbeing of Hawaii's 3 residents and for the sustainability and vitality of Hawaii's economy. Rising oil 4 costs and increased dependence on foreign oil continue to place Hawaii's families s and businesses in a vulnerable position. Continued consumption of fossil fuel will 6 also worsen global warming, which in turn could mean increasing frequency and 7 intensity of storms and rising sea levels in Hawaii. This will cause significant and s costly impacts to our island communities as well as to the larger world. 9 The legislature finds that the installation of solar water heaters on new 10 single-family and duplex homes is one of the most cost-effective and efficient ways 11 of moving Hawaii's families off of fossil fuels. A conventional electric water tank 12 accounts for thirty to thirty-five percent of a household's electric bill. It is estimated 13 that by relying on the sun for ninety percent of its hot water demand, a family could 14 save enough money to pay for the solar system in three to five years. After the 15 system is paid off, the heating of water is essentially free. In addition to federal tax Page 2 ■ B. NO. 1 credits, when the cost of a solar water heater is included in the cost of a mortgage 2 there could also be the added value of tax deductions. 3 For the reasons above, the legislature in 2008 passed Act 204 requiring solar 4 water heaters on new single-family homes. However the legislature finds that s Act 204 allows variances from this requirement under vague and unjustified 6 circumstances such that the purpose of Act 204 is being thwarted in many instances 7 by the variance that allows tankless gas. Therefore, the legislature finds it is 8 necessary to modify the wording of the law and clarify that the variance allowing 9 tankless gas shall require application by an ultimate occupant of the dwelling unit 10 and only such occupant. If the occupant is not available, then the variance 11 application shall not be accepted for processing and said variance shall not be 12 available. 13 SECTION 2. Section 196-6.5, Hawaii Revised Statutes, is amended to read 14 as follows: 15 "§196-6.5 Solar water heater system required for new single-family 16 residential construction. 17 (a) On or after January 1, 2010, no building permit shall be issued for a 18 new single-family or duplex dwelling that does not include a solar water heater 19 system that meets the standards established pursuant to section 269-44, unless the 20 coordinator approves a variance. Page 3 .B. NO. 1 �b [ ]Applications for the following variances shall 2 only be accepted if submitted by an architect or mechanical engineer licensed under 3 chapter 464, who attests that: 4 (1) Installation is impracticable due to poor solar resource; 5 (2) Installation is cost -prohibitive based upon a life cycle cost - 6 benefit analysis that incorporates the average residential utility 7 bill and the cost of the new solar water heater system with a life 8 cycle that does not exceed fifteen years; or 9 (3) A renewable energy technology system, as defined in section 10 235-12.5, is substituted for use as the primary energy source for 11 heating water; [or] 12 (c) Applications for the following gas variance shall be accepted on the 13 following basis only if the variance applicant is the party who will ultimately control 14 the energy consumption cost and as part of the application the applicant signs an 15 affidavit that the applicant will be the buyer -owner of the new house and that the 16 applicant has read a flyer issued by the State of Hawaii Department of Business 17 Economic Development and Tourism (DBEDT) showing the life cycle cost 18 comparisons of a solar water heater and tankless gas water heater of equivalent 19 capacities. 20 [<4)] (1) A demand water heater device approved by Underwriters 21 Laboratories, Inc., is installed; provided that at least one other Page 4 .B. NO. 1 gas appliance is installed in the dwelling. For the purposes of 2 this paragraph, `demand water heater' means a gas-tankless 3 instantaneous water heater that provides hot water only as it is 4 needed. 5 W] (d) A request for a variance shall be submitted to the coordinator on an 6 application prescribed by the coordinator and shall include a description of the 7 location of the property and justification for the approval of a variance using the 8 criteria established in subsection (a). A variance shall be deemed approved if not 9 denied within thirty working days after receipt of the variance application. The 10 coordinator shall publicize: 11 (1) All applications for a variance within seven days after receipt of 12 the variance application; and 13 (2) The disposition of all applications for a variance within seven 14 days of the determination of the variance application. 15 [(e)] (e,,Z The director of business, economic development, and tourism may 16 adopt rules pursuant to chapter 91 to impose and collect fees to cover the costs of 17 administering variances under this section. The fees, if any, shall be deposited into 18 the energy security special fund established under section 201-12.8. 19 [(-d)] Mf Nothing in this section shall preclude any county from establishing 20 procedures and standards required to implement this section. Page 5 .B. NO. I [{e)] W Nothing in this section shall preclude participation in any utility 2 demand-side management program or public benefits fee program under part VII of 3 chapter 269." 4 SECTION 3. Statutory material to be repealed is bracketed and stricken. 5 New statutory material is underscored. 6 SECTION 4. This Act shall take effect upon its approval. 7 s INTRODUCED BY: JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO AFFORDABLE HOUSING CREDITS PURPOSE: This proposed Bill for an Act maintains the intent of Act 98 (12), Session Laws of Hawaii 2012, by providing affordable housing credits to the department of Hawaiian home lands, while maintaining the integrity of county housing programs throughout the state and preserve the principle of "home rule," allowing the county to serve its residents as it should. MEANS: Amend Section 46-15.1 (b), Hawaii Revised Statutes JUSTIFICATION: Under Act 98 (12), it requires each county to issue affordable housing credits to the Department of Hawaiian Home Lands (DHHL) for each home or lot developed by DHHL. Furthermore, this Act allows DHHL to sell credits to developers to satisfy the developer's affordable housing zoning obligations without income or location restrictions. It will also be more difficult to achieve smart growth land use patterns, where housing is located close to jobs and employment centers. Amendments to Section 46-15.1 (b), Hawaii Revised Statutes, are necessary to protect each county's ability to provide affordable housing for those who most need such housing, and to enable the county to do its job in a fair and equitable manner. .B. NO. A BILL FOR AN ACT RELATING TO AFFORDABLE HOUSING CREDITS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The purpose of Act 141, Session Laws of Hawaii 2 2009, was to require counties to issue affordable housing 3 credits to the Department of Hawaiian Home Lands for all 4 existing and future Hawaiian home lands projects upon request. 5 Act 141 (09) was then amended to Act 098, Session Laws of 6 Hawaii 2012, which further defines what the credits shall be 7 issued for, and explicitly releases the Department of Hawaiian 8 Home Lands from any income or other requirements attached to a 9 respective county's affordable housing credits. The legislature 10 finds that the relationship between the Department of Hawaiian 11 Home Lands and the respective counties established by Act 098 12 (12) violates the principles of homerule and does not encourage 13 the kind of working relationship between the counties and the 14 Department of Hawaiian Home Lands necessary to effectively 15 address the affordable housing problem in each county. The 16 legislature also finds that Act 098 (12) could create a racially 17 discriminatory effect by disproportionately allocating more 18 affordable housing resources to one racial group over another. 19 In order to address each county's affordable housing needs based Page 2 .B. NO. 1 on fairness and equality, this bill allows each county to 2 address its affordable housing needs, allows the Department of 3 Hawaiian Home Lands to receive county affordable housing credits 4 for mutually beneficial projects on Department of Hawaiian Home 5 Lands, and also supports a good working relationship between the 6 Department of Hawaiian Home Lands and the respective counties. 7 SECTION 2. Section 46-15.1, Hawaii Revised Statutes, is 8 amended by amending subsection (b) to read as follows: 9 "(b) [ ] By mutual consent, each 10 respective county and the Department of Hawaiian Home Lands 11 shall agree to the issuance of affordable housing credits to the 12 Department of Hawaiian Home Lands with respect to [existing and] 13 future Hawaiian home lands projects upon a request for such 14 credits by the Department of Hawaiian Home Lands. The credits 15 shall be transferable and shall be issued on a one -unit for one - 16 unit basis. Credits shall be issued for each single-family 17 residence, multi -family unit, or other residential unit[, er if 18 allewed under the eeunty's 19 fit] developed by the Department of Hawaiian Home Lands. 20 The credits may be applied county -wide within the same 21 county in which the credits were earned to satisfy affordable 22 housing obligations imposed by the county on market priced Page 3 .B. NO. 1 residential and non-residential developments. 2 prejeet speeifie reqdirements fe the -leeatien-ef ager-dable 3 heusing unitst-43ecisifrg afess use, type� er eanstrzuetie==-er 4 ere her eeunty fequ±icemen s fern afferdable--heusig units sh 5 6 7 �eq�t Lents-whefher by inale; ei=eiiianee, er- partietilar-zeniirg 8 eenditiens-ef a-pEejeet 9 For purposes of this section, "affordable housing 10 obligation" means the requirement imposed by a county to develop 11 [vaean-t lets,] single-family residences, multi -family 12 residences, or any other type of residence for sale or rent to 13 individuals within a specified income range." 14 SECTION 3. Statutory material to be deleted is bracketed 15 and in strikethrough. New statutory material is underscored. 16 SECTION 4. This Act shall take effect upon its approval, 17 and shall be repealed on June 30, 2015; provided that section 18 46-15.1(b), Hawaii Revised Statutes, shall be reenacted pursuant 19 to section 3 of Act 141, Session Laws of Hawaii 2009. 20 21 INTRODUCED BY: Council Our t?a►nn A. Mateo Vice -Chair Joseph Ponwwlla teumil Members COUNTY COUNCIL C,la& s C 13aisa C trill rve(' COUNTY OF MAUI Gllr Cc3chran Mnald C, f (Ikk Ir 200 S. FI IGH STRE FT 6 RikiIhAaana WAIL.UKU. MAUI. HA�k'All 96793 MiA.11' N%:Ioruto 1t N'N.nitliricopntx �,iiA4jj Mike Whuc September 4, 2012 C'ouncilmember Mel Rapozo, President ilaaail State AssociationofCounties 4396 Rice Street, Suite 209 Lihue. Ha%4aii 96766 Dear President Rapozo: Din•etor of Council scYeices Ken Fukuoka SUBJI CT: 2013 HAWAII S'TA,rE ASSOCIIATION OF COUNTIES ("HSAC?') LEGISLATIVE PACKAGE (PAF 12-159) I am writing to request that the HSAC, ExeCulitie Committee consider extending the deadline for consideration of the 2013 HSAC Legislate e Package until its October meeting. I have transmitted for consideration by the Maui County Council the enclosed resolution entitled 1PI'R0)V ING FOR INCLUSION IN 11 -IL ?013 HA\N All STATE. ASSOCIATION OF COUNTII_S I FGISLALIIVI: PACKAGE A STATE BILL REQUIRING THE LABELING OF GENETICALI Y FNGINLERED FOOD PRODUCTS Unfortunately, the Maui County t'ouncil has not yet been able to consider the proposal. My understanding is that the matter gill be scheduled for consideration at the Council's September 21, 2012, meeting. Last year, the Hawaii County Council, Kauai County Council. and Maui County Council approved a virtually identical proposal for inclusion in the 2012 iISAC Legislative Package. However. without the support of the Honolulu City Council. the proposal did not make it into the final package. Given substantial support for the measure last year. further consideration by the councils is kvan-anted. I respectfully ask for the opportunity to have the measure presented to the councils. Regardless of any decision trade by the Mam Cotulty Council at its September 21. 2012, tnceding, the ISAC Executive Conimitteo will still be able to consider the various counties' proposals for the HSAC package in October, Thank you for your consideration of my request. Should you have any questions, please contact me at (808) 270-5504. Sincerer �j e W 6� ELLE C OCHRAN Council Member paEcmn:12-159d Enclosure Resolution No. APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A STATE BILL REQUIRING THE LABELING OF GENETICALLY ENGINEERED FOOD PRODUCTS WHEREAS, the growth of genetically engineered food production has been swift and pervasive throughout the nation; and WHEREAS, the long-term effects of consuming genetically engineered foods are unclear, and without mandatory labeling requirements of these foods consumers may unknowingly be putting their health at risk; and WHEREAS, consumers should have the right to know what is in food available for sale so that they can make informed choices; and WHEREAS, enactment of State legislation requiring the labeling of genetically engineered food products would meet the demand of Hawaii's residents for informed choices concerning the foods they consume; now, therefore, BE IT RESOLVED by the Council of the County of Maui: I. That the proposed State bill, attached as Exhibit "A", to require the labeling of genetically engineered food products sold in the State, is approved for inclusion in the 2013 Hawaii State Association of Counties ("HSAC") Legislative Package; and 2. That a certified copy of this resolution be transmitted to the HSAC Executive Committee. paf:cmn:12-159b Exhibit "A" paf:cmn:12-159a .B. NO. A BILL FOR AN ACT RELATING TO FOOD LABELING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 328, Hawaii Revised Statutes, is 2 amended by adding a new section to be appropriately designated 3 and to read as follows: 4 "5328- Genetically engineered material; labeling 5 requirement. (a) Beginning January 1, 2014, no food or raw 6 agricultural commodity shall be sold in the State if it contains 7 agenetically engineered material, or was produced with a 8 genetically engineered material, unless it bears a label that 9 provides the following disclosure notice in bold -face print and 10 not less than ten -point type: 11 "THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED MATERIAL, 12 OR WAS PRODUCED WITH A GENETICALLY ENGINEERED MATERIAL." 13 (b) A food shall be considered to have been produced with 14 a genetically engineered material if: 15 (1) The organism from which the food is derived has been 16 injected or otherwise treated with a genetically 17 engineered material (except that the use of manure as paf:cmn:12-159a .B. NO. 1 a fertilizer for raw agricultural commodities may not 2 be construed to mean that those commodities are 3 produced with a genetically engineered material); 4 (2) The animal from which the food is derived has been fed S genetically engineered material; or 6 (3) The food contains an ingredient that is a food to 7 which paragraph (1) or (2) applies. 8 (c) For the purposes of this section: 9 "Genetically engineered material" means material derived 10 from any part of a genetically engineered organism, without 11 regard to whether the altered molecular or cellular 12 characteristics of the organism are detectable in the material. 13 "Genetically engineered organism" means: 14 (1) An organism that has been altered at the molecular or is cellular level by means that are not possible under 16 natural conditions or processes (including recombinant 17 deoxyribonucleic acid and ribonucleic acid techniques, 18 cell fusion, microencapsulation, macroencapsulation, 19 gene deletion and doubling, introducing a foreign 20 gene, and changing the positions of genes), other than 21 a meang consisting exclusively of breeding. paf:cmn:12-159a .B. NO. I conjugation, fermentation, hybridization, in vitro 2 fertilization, tissue culture, or mutagenesis; or 3 (2) An organism made through sexual or asexual 4 reproduction, or both, involving an organism described 5 in paragraph (1), if possessing any of the altered 6 molecular or cellular characteristics of the organism 7 so described. 8 (d) This section shall not apply to food that is: 9 (1) Served in restaurants or other establishments in which 10 food is served for immediate human consumption; 11 (2) Processed and prepared primarily in a retail 12 establishment and is ready for human consumption, of 13 the type described in paragraph (1), and is offered 14 - for sale to consumers but not for immediate human 15 consumption in the establishment and is not offered 16 for sale outside the establishment; or 17 (3) A medical food as defined in section 346-67. 18 (e) A violation of any provision of this section, or any 19 rule adopted pursuant to this chapter, shall be punishable by a 20 fine of not more than $1,000 for each violation. 21 (f) The director of health shall adopt rules, pursuant to 22 chapter 91, necessary for the purposes of this section, paf:cmn:12-159a .B. NO. 1 including rules for the testing of foods to determine the 2 presence and content of genetically engineered material." 3 SECTION 2. New statutory material is underscored. 4 SECTION 3. This Act shall take effect upon its approval. 5 6 INTRODUCED BY: 7 paf:cmn:12-159a Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii & City & County of Honolulu AGENDA HSAC EXECUTIVE COMMITTEE MEETING Friday, October 12, 2012 at 10:00 a.m. Honolulu Hale, Committee Meeting Room Honolulu, Hawaii I. CALL TO ORDER II. APPROVAL OF AGENDA III. MINUTES A. Minutes of the September 11, 2012 HSAC Executive Committee Meeting, submitted by the HSAC Secretary. IV. REPORTS A. Treasurer's Report i. Treasurer's Report for the month of September 2012, submitted by the HSAC Treasurer. B. County Reports i. County of Maui Report ii. County of Hawaii Report iii. City and County of Honolulu Report iv. County of Kauai Report C. National Association of Counties (NACo) Report D. Western Interstate Region (WIR) Report V. UNFINISHED BUSINESS VI. NEW BUSINESS A. Communication (dated September 20, 2012) from Deputy County Clerk Steve "Kawena" Lopez, County of Hawaii, transmitting for the Executive Committee's information a summary of the 2012 HSAC Annual Conference. B. Communication (dated September 21, 2012) from Council Chair Jay Furfaro, Kauai County Council, transmitting for the Executive Committee's information and consideration of Council Vice -Chair JoAnn A. Yukimura, Kauai County Council, to serve as HSAC's representative for the Board of Advisors of the Center for Alternative Dispute Resolution. 4396 Rice Street, Suite 209, Lihu`e, Kauai, Hawaii 96766, (808) 241-4188 HSAC Executive Committee Meeting Agenda October 12, 2012 Page 12 C. Communication (dated October 4, 2012) from Council Chair Ernest Martin, Honolulu City Council, transmitting for the Executive Committee's information and consideration of Council Vice -Chair Ikaika Anderson to serve as HSAC's representative for the Hawai'i Sister -State Committee and Councilmember Breene Harimoto as HSAC's representative for the Board of Advisors of the Center for Alternative Dispute Resolution. D. Communication (dated September 27, 2012) from Deputy County Clerk Jade K. Fountain-Tanigawa, County of Kauai, transmitting for the Executive Committee's information Resolution No. 2012-52, Draft 1, urging the 2013 Hawaii State Legislature to repeal Chapter 171C of the Hawaii Revised Statutes (Act 55, Session Laws of Hawaii 2011) relating to the Department of Land and Natural Resources (DLNR) and the Public Land Development Corporation (PLDC), which was approved by the Kauai County Council on September 26, 2012. E. Communication (dated October 3, 2012) from HSAC President Mel Rapozo, transmitting for the Executive Committee's approval a proposed draft Bill for an Act relating to the Public Land Development Corporation (PLDC), to be included in the 2013 HSAC Legislative Package. F. Communication (dated October 5, 2012) from Councilmember G. Riki Hokama, Maui County Council, transmitting for the Executive Committee's information and consideration of a request to solicit comments from each County regarding a proposed Bill for an Act relating to intoxicating liquor, to be included in the 2013 Maui County Legislative Package. G. Discussion and approval of a proposed draft Bill for an Act relating to food labeling which was approved on September 21, 2012 by the Maui County Council, to be included in the 2013 HSAC Legislative Package. H. Discussion regarding the creation of a committee composed of County and State legislators to discuss and review County and State jurisdictional matters. VII. ANNOUNCEMENTS A. Schedule next meeting B. Other announcements VIII. ADJOURNMENT Hawaii State Association of Counties Counties of Kauai. Maui and Hawaii. City & County of Honolulu MINUTES HSAC EXECUTIVE COMMITTEE MEETING September 11, 2012 Honolulu Hale, Council Committee Room Honolulu, Hawaii CALL TO ORDER The HSAC Executive Committee was called to order by President Mel Rapozo at 10:01 a.m. The following members comprised a quorum: County of Kauai: President Mel Rapozo County of Hawaii: Vice President K. Angel Pilago City and County of Honolulu: Secretary Stanley Chang County of Maui: Treasurer Joseph Pontanilla Others Present: Honolulu Councilmember Nestor Garcia Honolulu staff Naomi Cardona Honolulu staff Kimberly Ribellia Honolulu staff Steve Uyeno Honolulu staff Denisse Gee Kauai staff Ashley Bunda Maui staff Kirsten Hamman APPROVAL OF AGENDA Denise Snyder, Label It Hawaii The Committee approved the agenda with an amendment to add two new items to New Business upon the request of Vice President Pilago: 1. A Bill for an Act relating to food labeling; and 2. Concurrent Resolution requesting the state of Hawaii Chief Elections Officer and Election Commission to establish a ��'"" CS/100312/03.24/CT mechanism to monitor the Counties' readiness to conduct an election and to intervene if necessary. III. MINUTES The Committee approved the minutes of the August 31, 2012, Executive Committee meeting. IV. REPORTS A. Treasurer's Reports. The following item was approved by the Executive Committee: 1. Treasurer's Reportfor August 2012, as submitted by the HSAC Treasurer. B. County Reports Maui County Report_ Treasurer Pontanilla reported that the Council has completed seven of the nine chapters of the Maul Island Plan. He stated that the Council also first read ordinances relating to light, medium and heavy industrial uses. 2 Hawaii County Report. Vice President Pilago reported that the Council is preparing a narrative report of the HSAC annual meeting held in June to submit to the Committee and processing meeting revenues of approximately $19K revenue to transfer to the HSAC treasury. He reported that "Hawaii Pack and Paddle," a Hawaii county -based tour company, is being sued by the family of Tyler Madoff, the teenager who died while kayaking near Kealakekua Bay. He stated that the Council believes that this lawsuit will have ramifications on the regulation and monitoring of kayak tour companies in all four Counties. He concluded by apprising the Committee that the County and specifically, County Clerk Jamae Kawauchi and Council Chair Dominic Yagong are being sued by County Elections Division administrator Pat Nakamoto and senior elections clerk Shyla Ayau for defamation, invasion of privacy and emotional distress. 3 City and County of Honolulu Report. Secretary Chang reported that the Council will be taking action at its next meeting on the following measures: 1) Eliminating recycling fee discounts to restore bus routes that have been cut or reduced by the administration; and 2) Urging Hawaii's congressional delegation to address campaign spending issues by proposing amendments to 2 clarify that corporations are not people with constitutional rights and that unlimited campaign spending is not free speech. He concluded by apprising the Committee that despite the recent Hawaii state Supreme Court ruling, HART continues to conduct its archaeological inventory survey and appears to be proceeding full speed ahead. 4. Kauai County Report. President Rapozo reported that Councilmember KipuKai Kualii is planning to introduce a resolution urging the state legislature to repeal the Public Lands Development Corporation (PLDC) primarily because the PLDC circumvents the Counties' zoning and permitting powers. He stated that he does not support the repeal of the PLDC but would support amending PLDC statutes to require that PLDC projects conform to County zoning and permitting ordinances and policies. C. NACo Report. Treasurer Pontanilla reported that NACo 2`d Vice President Maui Councilmember G. Riki Hokama went to the Democratic National Convention. D. WIR Report. Vice President Pilago reported that he will not be attending the upcoming WIR conference being held on October 3 — 5 in Kodiak, Alaska because he is retiring in November. He offered to coordinate with the designated WIR alternate. Treasurer Pontanilla expressed interest in serving as Vice President Pilago's alternate at the WIR conference, if designated by the Committee. V. UNFINISHED BUSINESS A. Communication from Hawaii County Vice Chair K. Angel Pilago transmitting for the Committee's approval proposals to be included in the 2013 HSAC legislative package, as follows: 1. A Bill for an Act relating to agricultural product branding and country or region of origin labeling. Vice President Pilago informed the Committee that the genesis of this proposal stemmed from concerns that Hawaii County has with its Kona coffee product being blended with foreign -grown coffee and then labeled as "Kona coffee" for purchase. This item was approved. 2. A Bill for an Act relating to the definition of indigent and partially Indigent. 3 Vice President Pilago explained that this proposal defines "indigent" and "partially indigent" to determine whether individuals are eligible to use the legal services of the Public Defenders office. He stated that this proposal addresses the concerns that the Committee expressed the last time this subject topic was considered to be a part of a past HSAC legislative package. In response to a query, he stated that the Committee had concerns about the practical application of the prior proposal's language. He informed the Committee that this year's proposal provides clearer instructions. This item was approved. 3. A Bill for an Act relating to gallonage tax on liquor. Vice President Pilago explained that this proposal increases the gallonage tax on liquor and earmarks this revenue stream for police, fire and emergency medical services expenses relating to the enforcement of driving while under the influence statutes and preventative education materials addressing drunk driving. In response to Treasurer Pontanilla's query, Vice President Pilago acknowledged that this proposal may have tangible unaccounted administrative costs. However, he requested that the Committee approve this item so that the other three Counties have the opportunity to discuss this proposal. This item was approved. VI. NEW BUSINESS A. Communication from City and County of Honolulu Clerk Bernice K. N. Mau transmitting for the Committee's approval proposals to be included in the 2013 HSAC legislative package, as follows: Resolution 12-179, A Bill for an Act relating to pseudoephedrine. Secretary Chang explained that this proposal requires a medical prescription when purchasing psuedoephedrine products to haft the use of pseudoephedrine to manufacture illegal drugs. He clarified that pseudoephedrine is currently available as an over-the-counter pharmacy product. 2. Resolution 12-180, A Bill for an Act relating to landowner liability. Secretary Chang explained that this proposal creates a cause of action against a person who maintains a property nuisance on 4 residential property to combat property blighting. He stated that property blighting is a significant problem in communities throughout the City and County of Honolulu, In response to Treasurer Pontanilla's query, Secretary Chang explained that the Honolulu Fire Department will intervene only if a property blight constitutes a fire hazard. However, the feedback from the community indicates that while property blighting has fortunately not resulted in dangerous fire hazards, statutory remedy is still needed to address the property blighting. Treasurer Pontanilla affirmed his support of this proposal. President Rapozo added that this proposal would have immediate benefit in Kauai County. 3. Resolution 12-181, A Bill for an Act relating to voting. Secretary Chang explained that this proposal allows individuals to register to vote on the day of an election to boost voter turnout. He apprised the Committee that the state of Hawaii has the lowest voter turnout rate in the nation. 4. Resolution 12-182, a Concurrent Resolution urging the U.S. Department of State, the Department of Homeland Security and the U.S. Attorney General to ease visa restrictions for the People's Republic of China. Secretary Chang reminded the Committee that an identical proposal was included in the 2012 HSAC legislative package. 6. Resolution 12-183, Resolution/Concurrent Resolution urging the Governor and the Hawaii state legislature to preserve the Counties' share of the transient accommodation tax. Secretary Chang stated that an identical proposal was included in the 2012 HSAC legislative package. 6. Resolution 12-184, CD1, A Bill for an Act relating to the Hawaii Employer -Union Health Benefits Trust Fund (EUTF) board of trustees. Secretary Chang reminded the Committee that an identical proposal was included in the 2012 HSAC legislative package. He stated that this proposal provides for County representation on the EUTF board of trustees. A 7. Resolution 12-186, A Bill for an Act relating to the Employees' Retirement System (ERS). Secretary Chang reminded the Committee that an identical proposal was included in the 2012 HSAC legislative package. He stated that this proposal provides for County representation on the ERS board of trustees. 8. Resolution 12-187, A Bill for an Act relating to electronic waste recycling. Secretary Chang explained that this proposal requires electronic manufacturers to establish an a -waste recycling program. He stated that this proposal is particularly critical because electronics disposed in traditional ways leaches toxic byproducts into the environment. 9. Resolution 12-191, A Bill for an Act relating to traffic infractions. Secretary Chang explained that this proposal transfers a portion of fines and forfeitures from uncontested traffic infractions to the Counties. These items were approved. 10. Resolution 12-190 approving HSAC nominees to the Board of the Directors of NACo and WIR. Secretary Chang requested that this item be addressed by the Committee separately from the Honolulu City Councirs proposals to be included in the 2013 HSAC legislative package. This item was received and filed. B. Communication from Kauai County Council Chair Jay Furfaro transmitting for the Committee's approval proposals to be included in the 2013 HSAC legislative package, as follows: A Bill for an Act relating to energy resources. 2. A Bill for an Act relating to affordable housing credits. President Rapozo informed the Committee that the Kauai Council approved both measures unanimously. These items were approved. i.1 C. Communication from Maui Councilmember Elle Cochran requesting the Committee to extend the deadline by which individual Counties may submit proposals to be included in the 2013 HSAC legislative package to October. Treasurer Pontanilla explained that because of Maui County's Council calendar, Maui Councilmember Cochran was unable to meet HSAC legislative timetable deadlines. He stated that Maui Councilmember Cochran's proposal will be ready for the Committee to consider at its October meeting. He urged the Committee to extend the HSAC legislative timetable deadlines to accommodate Maui Councilmember Cochran's request. This item was approved. D. Communication from Hawaii County Vice Chair K. Angel Pilago transmitting for the Committee's approval proposals to be included in the 2013 HSAC legislative package, as follows: 1. Resolution 296-12, A Bill for an Act relating to food labeling. Vice President Pilago explained that this proposal requires any food product or raw agricultural commodity that contains genetically engineered material or was produced with genetically engineered material to bear a notification label when sold or distributed in the state of Hawaii. Ms. Snyder testified in support of this proposal. This item was approved. 2. Resolution 298-12, a House Concurrent Resolution requesting the state Chief Election Officer and Elections Commission to establish a mechanism to monitor the Counties' readiness to conduct an election and intervene if necessary. Vice President Pilago informed the Committee that while this proposal was ultimately adopted by the Hawaii County Council, there were dissenting Hawaii Councilmembers who disagreed that the state should intervene in County elections in any circumstance. However, Vice President Pilago stated that the proposal simply requests that the state monitor the Counties' electoral process and set consistent guidelines and standards with state intervention only occurring when absolutely necessary. He opined that the controversy that currently surrounds Hawaii County elections could 7 have been avoided, if the state had monitored and intervened in Hawaii County's last elections cycle. This item was approved. VII. ANNOUNCEMENTS A Schedule next meeting. The next Executive Committee meeting was scheduled for October 12, 2012 at Honolulu Hale. B. Other Announcements. Honolulu Councilmember Garcia briefed the Committee about unfunded mandates recently placed upon the County by the state legislature, as follows: 1) Administration of the state identification card program; and 2) Disposal of abandoned boats and boat trailers on streets under County jurisdictions. Honolulu Councilmember Garcia emphasized that the state legislature must work collaboratively with the Counties before foisting unfunded mandates upon the Counties. He proposed the creation of a joint county -state committee composed of County and state elected legislators. He informed the Committee that this concept was at the forefront at the NACo annual conference held in Pittsburgh, Pennsylvania on July 13 —17, 2012. President Rapozo, Vice President Pilago and Treasurer Pontanilla expressed their support of Honolulu Councilmember Garcia's statements and concept. President Rapozo added that the PLDC constitutes yet another issue that the state should have collaborated with the Counties prior to enactment in its present form. There were no other announcements. VIII. ADJOURNMENT The meeting was adjourned at 10:51 a. m, Very truly yours, C—::;� STANLEY G Secretary Hawaii State Association of Counties 0 September 20, 2012 HSAC President Mel Rapozo and Officers of Hawaii State Association of Counties Re: HSAC Annual Meeting, June 21-22, 2012 Dear President Rapozo and HSAC Officers, The HSAC Annual Meeting of 2012 is now in the history books. What an exciting event this was and equally exciting for me. From kudos received from so many and having this be a profitable event for HSAC it was deemed a beneficial and successful conference. I express my very sincere MAHALO to co-chairs Dominic Yagong and K. Angel Pilago for asking me to lead this effort, for their confidence that I could bring it to a successful conclusion and for all your steadfast support in my leadership. Not including speakers we had 71 total registered on-line and a few at -the -door. Of these we had 19 non-government and 52 government attendees. Expectedly we had a few cancellations (7) and approximately 11 early bird registrations (28) that took advantage of discounts. Comments supported a valuable and excellent lineup of program topics (7) and speakers (25). Unfortunately, the golf tournament fizzled with sparse few golfers. We attribute this to having it on the afternoon of the last day against the need for conferees to catch departing flights. Financially in round numbers, we realized income of $72K and incurred direct expenses of $52K for a net profit of slightly less than $20K. Sponsor donations accounted for $49.5K of income and the balance came largely from registrations, selling booth space, advertising, tours and "meals only". During our entire process we worked to minimize cost and maximize income to ensure we would be cost successful, particularly with the venue and food expenses. Understandably it was somewhat nerve racking to sign contracts without knowing attendance. More early bird registrations would have been of significant help. I include an attachment of our post-mortem meeting to offer recommendations for future conference teams and the preliminary financial report of August 30, 2012. The final report is near completion with our accounting staff with no expected change. We are waiting for bank clearance of some outstanding checks at which time we will close our checking account. I would be remiss if I didn't offer a most heartfelt MAHALO to the exceptional Hawaii County Council HSAC 2012 Conference team, Maui County offering their consult from last year and certainly the management and staff of the Hapuna Beach Prince Hotel. Our theme to have "fun" while doing this was paramount and speaking for our team I am confident in saying we did and would do it all again! I very much enjoyed working closely with all of them and remain available for any future need where I may be of service. Steve "Kawena" Lopez HSAC 2012 Event Coordinator SUGGESTIONS FOR HSAC 2013 Conference Team • HSAC needs to have a credit card to make purchases (so many misc supplies needed) • HSAC needs to have a credit card processing system (receipts, sponsor donations, door registrations, etc.) • Start no later than DECEMBER. You need to get going on sponsorships and panelists very early 0 Decide what you are going to comp sponsors/panelists B4 sending invitation letters • No need to give away too much to sponsors/panelists • Clarify early who is getting comp'd and for what, e.g. HSAC members & government employees did not get comp'd for their participation as panelists/speakers. 0 We were asked and declined to pay a speaker honorarium — be prepared for this question. • City & County is a good resource to get sponsors; they have a huge network of business partners 0 Golf tournament & tours should be on the 15S day of the conference • Determine your AV needs as early as you can but no later than 2 weeks before the conference • Decide how you are going to deal with making accommodations and other arrangements if the sponsor/VIP/etc. doesn't show, up • Ensure staff/committee head gets pre -approval on any expense or costs as a result of their participation/need; be clear early • Ensure staff knows their responsibilities during the conference and what is needed to begin tear down • Have someone assigned to be the conference photographer • Assign event coordinator early at the beginning. Assign area leaders who get their own teams to work on the needs (program, conference book, sponsors, webmaster, omiyage, door registrations & check-in, golf and whatever else you may want). For 2012, the event coordinator took care of the resort details, contracts, BEO's, golf, webmaster and conference focal point. 0 Suggest committee heads take a very active role. Can get very confusing with multiple committee staff directing needs, expenses and other issues. • Be sure there is only 1 focal point during the conference as the "go to" person for all needs. Resort needs to know to take direction and approvals from a single person. This person is responsible for approving all BEO expenses and accounting for resort costs. 0 In negotiations with the venue, be sure all agreements are clearly understood and presented in writing. • 2011 and 2012 used REGONLINE.COM for conference registration and sales of add- ons. 2011 used them to also generate the conference web site while 2012 developed their own in house. Caution that REGONLINE is good as a quick tool but not real intuitive in how to use when it comes to more than just the registrations (tours and other add-ons). They operate on East or Central time zone M -F which was a problem at times when quick support was needed. • With REGONLINE it's critical to know that every transaction incurs a fee. If you have to process a refund against a credit card its 4.95% of the total both when purchased AND when you refund. The refund process is not intuitive but does work after some learning. This is in addition to the $3.95 per registrant fee they charge. Preliminary 2012 HSAC Conference Report ReVMUER ACTUAL (bnferenoe Fbg. Fees $ 17,973.22 Sponsor Donations $ 49,500.00 Exhibit Booths $ 75.00 Advertising $ 1,030.00 Guest Meals $ 1,315.00 Golf $ 1,000.00 Mobile Tours $ 210.00 Donations $ 750.00 TOTAL $ 71,853.22 DXP9VDITURER Program Booklets $ 4,786.97 Panelist/GLest weaker Cbsts $ 2,462.65 Hotel: Food, Beverage & Miscellaneous $ 37,784.75 Fbom, Tax, porterage & Inddentals $ 1,409.10 Entertainment $ 1,000.00 Leis $ 750.00 Seed Money $ 2,500.00 M 19(SLANBOUS EXPENSE Omiyage $ 884.66 Online Fees $ 104.05 $onsor Banner $ 106.25 GEr not yet available Bank Fees not yet available Plostage $ 90.00 Name Badge Holders $ 130.00 TOTAL $ 52,008.43 BALANCE $ 19,844.79 Revised 8/30/12 COUNTY COUNCIL Jay Furfaro, Chair JoAnn A. Yukimura, Vice Chair Tim Bynum Dickie Chang KipuKai Kuali`i Nadine K. Nakamura Mel Rapozo The Honorable Mel Rapozo HSAC President 4396 Rice Street, Suite 209 Uhu`e, HI 96766 Dear President Rapozo: Council Services Division 4396 Rice Street, Suite 209 LYhu`e, Kauai, Hawaii 96766 September 21, 2012 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain-Tanigawa, Deputy County Clerk Telephone (808) 2414188 Fax (808)241-6349 Email cokcouncil(&,kauai.eov In response to your letter dated September 5, 2012 regarding the Hawaii State Association of Counties (HSAC) representation on the Hawaii Sister -State Committee and the Board of Advisors of the Center for Alternative Dispute Resolution, Council Vice Chair JoAnn A. Yukimura, Kauai County Council, is interested in serving on the Board of Advisors of the Center for Alternative Dispute Resolution. Your attention to this matter is greatly appreciated. Should you have any questions, please feel free to call the Office of the County Clerk, County of Kauai, at (808) 241-4188. Sincerely, AB ds cc: JoAnn A. Yukimura, Council Vice Chair AN EQUAL OPPORTUNITY EMPLOYER ERNEST Y. MARTIN CHAIR and PRESIDING OFFICER HONOLULU CrIY COUNCIL DISTRICT 2 TELEPHONE: (808) 7684082 FAX: (808) 768-1222 EMAIL: amartindftonolulu.aov The Honorable Mel Rapozo, President Hawaii State Association of Counties 4396 Rice Street, Suite 209 Lihue, Kauai, Hawaii 96766 DIMIL o4e4w.4a A./wc.., ozo, C=TY CaXMC=L CITY AND COUNTY OF HONOLULU 5 3 0 SOUTH KING STREET, ROOM 2 0 2 H O N O L U L U, H A W A I I 9 6 8 1 3- 3 0 6 5 TELEPHONE: (808) 768-5010 • FAX: (808) 768-5011 October 4, 2012 Mahalo for the opportunity for the City and County of Honolulu to provide input on Hawaii State Association of Counties (HSAC) representative on the Hawai'i Sister -State Committee and the Board of Advisors of the Center for Alternative Dispute Resolution. I humbly ask for your favorable consideration of Vice -Chair Ikaika Anderson to serve as HSAC's representative to the Hawai'i Sister -State Committee and Councilmember Breene Harimoto as HSAC's representative to the Board of Advisors of the Center for Alternative Dispute Resolution. Please don't hesitate to contact me directly or my Executive Assistant/Chief of Staff, Kimberly Ribellia, at 768-5036, if you have any questions regarding this matter. Ernest Y. Martin Council Chair District II EYM: kr Copy: Councilmembers COUNTY COUNCIL Jay Furfaro, Chair JoAnn A. Yukimura, Vice Chair Tim Bynum Dickie Chang KipuKai Kuali`i Nadine K. Nakamura Mel Rapozo Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 September 27, 2012 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain-Tanigawa, Deputy County Clerk The Honorable Mel Rapozo President, Hawaii State Association of Counties (HSAC) 4396 Rice Street, Suite #209 Llhu`e, Hawaii 96766 Dear HSAC President Rapozo: Telephone (808) 241-4188 Fax (808)241-6349 Email cokcouncilAkauai. ov '12 OCT -2 All 27 Enclosed for your information and files is a certified copy of Resolution No. 2012-52, Draft 1, RESOLUTION URGING THE 2013 HAWAII STATE LEGISLATURE TO REPEAL CHAPTER 171C OF THE HAWAII REVISED STATUTES (ACT 55, SESSION LAWS OF HAWAII 2011) RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE PUBLIC LAND DEVELOPMENT CORPORATION (PLDC), which was approved by the Kauai County Council on September 26, 2012. If you have any questions regarding this matter, please contact me at (808) 241-4188. \cy Enclosure. Sinc JADE K. UNTAIN-TANIGAWA Deputy County Clerk AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL COUNTY OF KAUAI 3&Je,qJ01Utt'0tt No. 2012-52 Draft 1 RESOLUTION URGING THE 2013 HAWAII STATE LEGISLATURE TO REPEAL CHAPTER 171C OF THE HAWAII REVISED STATUTES (ACT 55, SESSION LAWS OF HAWAPI 2011) RELATING TO THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE PUBLIC LAND DEVELOPMENT CORPORATION (PLDC) WHEREAS, on May 3, 2011, the Hawaii State Legislature approved SB 1555 SD2 HD2 CD1 to create the Public Land Development Corporation ("corporation"), which was signed into law (Act 55, SLH 2011) by the Honorable Governor Neil Abercrombie on May 20, 2011, which was then codified as Chapter 171C of the Hawaii Revised Statutes ("HRS 171C"); and WHEREAS, HRS 171C -4(a), in part, defines the powers of the Public Land Development Corporation as: "(a) Except as otherwise limited by this chapter, the corporation may: (1) Sue and be sued; (2) Have a seal and alter the same at its pleasure; (3) Make and alter bylaws for its organization and internal management; (4) Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, and properties; (5) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter; (6) Carry out surveys, research, and investigations into technological, business, financial, consumer trends, and other aspects of leisure or recreational land uses in the national and international community; (7) Acquire or contract to acquire by grant or purchase: (A) All privately owned real property or any interest therein and the improvements thereon, if any, that are determined by the corporation to be necessary or appropriate for its purposes under this chapter, including real property together with improvements, if any, in excess of that needed for such use in cases where small remnants would otherwise be left or where other justifiable cause necessitates the acquisition to protect and preserve the contemplated improvements, or public policy demands the acquisition in connection with such improvements; and (B) Encumbrances, in the form of leases, licenses, or otherwise, needed by the corporation or any state department or agency for public purposes, the disposition of subdivided lots, houselots, apartments or other economic units, or economic development; (8) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired; and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same; (9) By itself, or in partnership with qualified persons or other governmental agencies, acquire, construct, reconstruct, rehabilitate, improve, alter, or repair any infrastructure or accessory facilities in connection with any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project; and develop or manage, by itself, or in partnership with qualified persons or other governmental agencies, any project that meets the purposes of this chapter; (10) In cooperation with any governmental agency, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, acquire, construct, operate, and maintain public land facilities, including but not limited to leisure, recreational, commercial, residential, time share, hotel, office space, and business facilities, at rates or charges determined by the corporation; (11) Assist developmental, recreational, and visitor -industry related enterprises, or projects developed or managed by the corporation, by conducting detailed marketing analysis and developing marketing and promotional strategies to strengthen the position of those enterprises and to better exploit local, national, and international markets; (12) Receive, examine, and determine the acceptability of applications of qualified persons for allowances or grants for the development of new recreation and visitor -industry related products, the expansion of established recreation and visitor -industry or land development enterprises, and the altering of existing recreational, visitor -industry related, or land development enterprises; (13) Coordinate its activities with any federal or state programs; (14) Grant options to purchase any project or to renew any lease entered into by the corporation in connection with any of its projects, on the terms and conditions it deems advisable; (15) Provide advisory, consultative, training, and educational services and technical assistance to any person, partnership, or corporation, either public or private, to carry out the purposes of this F, chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice; (16) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable; (17) Accept gifts or grants in any form from any public agency or any other source; (18) Issue bonds to finance the cost of a project and to provide for the security thereof, in the manner and pursuant to the procedure prescribed in this chapter; (19) Subject to approval by the department, assume management responsibilities for small boat harbors in accordance with chapter 200 and any rules adopted pursuant thereto for periods not to exceed one year; (20) Recommend to the board of land and natural resources the purchase of any privately owned properties that may be appropriate for development; and (21) Do all things necessary or proper to carry out the purposes of this chapter"; and WHEREAS, HRS 171C -4(c) reads: "(c) The powers conferred herein shall be liberally construed to effectuate the purposes of this chapter" and WHEREAS, allowing uncontrolled development in violation of the County of Kaua`i's zoning, building, road design, and drainage codes, and ignoring the lack of sufficient potable water availability, and traffic circulation issues would intensify these problems for the entire community and cost the taxpayers great expense in the future to rectify the intensified problems; and WHEREAS, the County of Kauai has enacted or may enact zoning and subdivision laws, which may be ignored due to HRS 171C; and WHEREAS, it appears that HRS 171C seeks revenue generating use for lands and appears to focus on businesses that can generate the highest amount of revenue (hotels, resorts, commercial centers, etc.), with no regard for parks or other types of community resources which may not necessarily generate revenue; and WHEREAS, if development of residential units are sought, scarce potable water could be diverted to these potential developments; and WHEREAS, HRS 171C allows ceded lands to be used not for homes for our Native Hawaiian families, but for the revenue production for the State; and WHEREAS, the people of the County of Kauai realize the detrimental effect that HRS 171C will have on our land, ocean, environment, and the disregard of many of our zoning and subdivision laws, which HRS 171C allows the corporation to ignore; and 3 WHEREAS, the people of the County of Kauai have requested assistance from the Council of the County of Kauai to support the repeal of HRS 171C; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII, that the 2013 Hawaii State Legislature is hereby requested to repeal Chapter 171C of the Hawaii Revised Statutes in its entirety to effectively abolish the Public Land Development Corporation. BE IT FINALLY RESOLVED, that a copy of this Resolution be forwarded to the Honorable Governor Neil Abercrombie, all State Senators and State Representatives, the Hawaii State Association of Counties, and the Mayors of the Counties of Kauai, Hawaii, Maui, and the City and County of Honolulu. INTRODUCED BY: /s/KIPUKAI KUALI`I V:\RESOLUTIONS\2010-2012term\Resolution2012-52, Draft 1\SS_ds AF Wt aaopt--�Oft Dia 09-26-2012 4 do 9C ✓l.afcarruura J6 p ufci.�ntuca. �9r 5C e`S�.P Z 0 0 0 AF Wt aaopt--�Oft Dia 09-26-2012 4 Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii & City & County of Honolulu October 3, 2012 The Hawaii State Association of Counties Executive Committee Members 4396 Rice Street, Suite 209 Lihu`e, HI 96766 Dear Executive Committee Members: Attached for your consideration and approval is a proposed Bill for an Act, relating to the Public Land Development Corporation (PLDC), to be included in the 2013 Hawaii State Association of Counties (HSAC) Legislative Package. On May 20, 2011, Governor Neil Abercrombie signed into law Act 55, Session Laws of Hawaii 2011, which established the Public Land Development Corporation (PLDC). It is evident that the Hawaii State Legislature reviews numerous bills at one time through a process that is rigorous and fast paced. Therefore, a majority of the public was unaware of this issue when it was introduced. Recently, community members throughout the State of Hawaii have strongly expressed concern that Chapter 171C has many flaws which includes exempting the PLDC from complying with all provisions set forth by any government agency relating to special improvement district assessments or requirements; land use, zoning, construction standards for subdivisions, development, and improvement of land; and the construction, improvement, and sale of homes thereon. The PLDC is then able to create and move forward projects without going through the standard process and bypassing necessary public hearings. It is also apparent that the PLDC was created to seek additional revenue, which may result in uncontrollable development and may cost the taxpayers a great expense in the future to rectify the intensified problems. To address the many concerns raised by the public and individual legislators, the attached proposed Bill for an Act repeals Chapter 171C in its entirety. Your attention and consideration is greatly appreciated. Should you have any questions, please feel free to call me at the Office of the County Clerk, County of Kauai, at (808) 241-4188. Sincerely, MEL RAPOZO Attachment. HSAC President 4396 Rice Street, Suite 209, Uhu`e, Kauai, Hawaii 96766, (808) 241-4188 JUSTIFICATION SHEET PROPOSER: Hawaii State Association of Counties TITLE: RELATING TO THE PUBLIC LAND DEVELOPMENT CORPORATION PURPOSE: This proposed Bill for an Act repeals Chapter 171C of the Hawaii Revised Statutes relating to the establishment of the Public Land Development Corporation (PLDC). MEANS: Repeals Chapter 171C, Hawaii Revised Statutes JUSTIFICATION: On May 20, 2011, Governor Neil Abercrombie signed into law Act 55, Session Laws of Hawaii 2011, which established the Public Land Development Corporation (PLDC). It is evident that the Hawaii State Legislature reviews numerous bills at one time through a process that is rigorous and fast paced. Therefore, majority of the public at that time was unaware of this issue. Recently, it has been strongly expressed by community members across the State of Hawaii that Chapter 171C has many flaws which includes exempting PLDC from complying with all provisions set forth by any government agency relating to special improvement district assessments or requirements; land use, zoning, and construction standards for subdivisions, development, and improvement of land; and the construction, improvement, and sale of homes thereon. The PLDC is then able to create and move forward projects without going through the standard process, bypassing necessary public hearings. It is also apparent that the PLDC was created to seek additional revenue, which may result in uncontrollable development and may cost the taxpayers a great expense in the future to rectify the intensified problems. .B. NO. A BILL FOR AN ACT RELATING TO THE PUBLIC LAND DEVELOPMENT CORPORATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 171C, Hawaii Revised Statutes, is 2 repealed. 3 SECTION 2. This Act shall take effect upon its approval. 4 5 INTRODUCED BY: Council Chair Danny A. Mateo•a�'4 Vice -Chair Joseph Pontanilla ., l Council Members Guys Baisa COUNTY COUNCIL Robert Carroll Elle Cochran COUNTY OF MAUI Donald G. Couch, Jr. 200 S. HIGH STREET G. RikiHokarna WAIIXKU, MAUI, HAWAII 96793 Michael P. Victorine titiHw.mauicauntr. ov! Mike White $_omi-cll October 5, 2012 Councilmember Mel Rapozo, President Hawaii State Association of Counties 4396 Rice Street, Suite 209 Lihue, Hawaii 96766 Dear Mr. Rapozo: Director of Council Services Ken Fukuoka SUBJECT: 2013 MAUI COUNTY LEGISLATIVE PACKAGE. (STATE BILL AUTHORIZING COUNTY LIQUOR COMMISSIONS TO PROVIDE FUNDING FOR ALCOHOL ABUSE TREATMENT AND PREVENTION) (POL4(2)) The Maui County Council's Policy Committee met on October 3, 2012, to consider the enclosed proposed resolution, transmitted by Councilmember Gladys C. Baisa, entitled "APPROVING FOR INCLUSION IN THE 2013 MAUI COUNTY LEGISLATIVE PACKAGE A STATE BILL AUTHORIZING COUNTY LIQUOR COMMISSIONS TO PROVIDE FUNDING FOR ALCOHOL ABUSE TREATMENT AND PREVENTION". The purpose of the proposed resolution is to approve for inclusion in the 2013 Maui County Legislative Package a State bill authorizing the County liquor commissions to provide funding for alcohol abuse treatment and prevention. At the meeting, the Committee requested that the proposal be transmitted to the Hawaii State Association of Counties ("HSAC") Executive Committee. The Policy Committee asked that the HSAC Executive Committee consider soliciting comments from our sister counties on the proposed State bill. If the HSAC Executive Committee is amenable to such action, the Policy Committee would appreciate receiving comments directly from the Hawaii County Council, Honolulu City Council, and Kauai County Council on this proposed measure. I currently anticipate scheduling this measure for further consideration by the Policy Committee at its meeting of either October 31, 2012, or November 14, 2012. To ensure efficient processing, may I please request that any comments include the relevant Committee item number referenced above in the subject line. October 5, 2012 Page 2 Thank you for your consideration of the Committee's request. Should you have any questions, please contact me at (808) 270-7768, or the Committee staff (Carla Nakata at (808) 270-7659, or Tammy Frias at (808) 270-8005). Sincerely. I�j Elk -4 G. RIKI HOKAMA, Chair Policy Committee pol: Itr.004(2)ahsac0 i :cmn Enclosure Resolution No. APPROVING FOR INCLUSION IN THE 2013 MAUI COUNTY LEGISLATIVE PACKAGE A STATE BILL AUTHORIZING COUNTY LIQUOR COMMISSIONS TO PROVIDE FUNDING FOR ALCOHOL ABUSE TREATMENT AND PREVENTION WHEREAS, the need for treatment and prevention programs to combat alcohol abuse remains a constant despite ebbing social service program resources; and WHEREAS, early and persistent intervention through treatment and prevention programs assist not only the at -risk individual, but can reduce long-term societal costs; and WHEREAS, county liquor commission revenues collected through fines against licensees and license fees should be available to benefit the general public through alcohol abuse treatment and prevention, in addition to education and enforcement programs, and without the current 10 percent limitation; and ' WHEREAS, enactment of State legislation authorizing county liquor commissions to provide funding for alcohol abuse treatment and prevention would provide the counties with a resource to address the problem through revenues generated by the very industry from which the problem stems; now, therefore, BE IT RESOLVED by the Council of the County of Maui: 1. That the proposed State bill, attached as Exhibit "A", to authorize county liquor commissions to provide funding for alcohol abuse treatment and prevention, is approved for inclusion in the 2013 Maui County Legislative Package; and That a certified copy of this resolution be transmitted to the Mayor of the County of Maui. paf.cmn:12-164d Exhibit "A paf cmn:12-164a .B. NO. A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: i SECTION 1. Section 281-17, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "§281-17 Jurisdiction and powers. (a) The liquor 4 commission, within its own county, shall have the sole 5 jurisdiction, power, authority, and discretion, subject only to 6 this chapter: 7 (1) To grant, refuse, suspend, and revoke any licenses for 8 the manufacture, importation, and sale of liquors; 9 (2) To take appropriate action against a person who, 10 directly or indirectly, manufactures, sells, or purchases any 11 liquor without being authorized pursuant to this chapter; 12 provided that in counties which have established by charter a 13 liquor control adjudication board, the board shall have the 14 jurisdiction, power, authority, and discretion to hear and 15 determine administrative complaints of the director regarding 16 violations of the liquor laws of the State or of the rules of 12-164a.doc B. NO. i the liquor commission, and impose penalties for violations 2 thereof as may be provided by law; 3 (3) To control, supervise, and regulate the manufacture, 4 importation, and sale of liquors by investigation, enforcement, 5 alcohol abuse treatment, prevention, and education; provided 6 that any alcohol abuse treatment, prevention, or educational 7 program shall be [limited to the commission staff, 8 commissioners, liquor control adjudication board members, 9 licensees and their employees and shall be] financed through the 10 money collected from the assessment of fines against licensees 11 and license fees; [provided that fine moneys, not ;to exceed ten 12 per cent a year of fines accumulated, may be used to fund public 13 liquor related educational or enforcement programs;] 14 (4) From time to time to make, amend, and repeal such 15 rules, not inconsistent with this chapter, as in the judgment of 16 the commission seem appropriate for carrying out this chapter 17 and for the efficient administration thereof, and the proper 18 conduct of the business of all licensees, including every matter 19 or thing required to be done or which may be done with the 20 approval or consent or by order or under the direction or 21 supervision of or as prescribed by the commission; which rules, 12-164a.doc B. NO. 1 when adopted as provided in chapter 91 shall have the force and 2 effect of law; 3 (5) Subject to chapter 76, to appoint and remove an 4 administrator, who may also be appointed an investigator and who 5 shall be responsible for the operations and activities of the 6 staff. The administrator may hire and remove hearing officers, 7 investigators, and clerical or other assistants as its business 8 may from time to time require, to prescribe their duties, and 9 fix their compensation; to engage the services of experts and 10 persons engaged in the practice of a profession, if deemed 11 expedient. Every investigator, within the scope of the 12 investigator's duties, shall have the powers of a police 13 officer; 14 (6) To limit the number of licenses of any class or kind 15 within the county, or the number of licenses of any class or 16 kind to do business in any given locality, when in the judgment 17 of the commission such limitations are in the public interest; IS (7) To prescribe the nature of the proof to be furnished, 1 19 the notices to be given, and the conditions to be met or 20 observed in case of the issuance of a duplicate license in place 21 of one alleged to have been lost or destroyed, including a 22 requirement of any indemnity deemed appropriate to the case; 12-164a.doc .B. NO. 1 (8) To fix the hours between which licensed premises of 2 any class or classes may regularly be open for the transaction 3 of business, which shall be uniform throughout the county as to 4 each class respectively; 5 (9) To prescribe all forms to be used for the purposes of 6 this chapter not otherwise provided for in this chapter, and the 7 character and manner of keeping of books, records, and accounts 8 to be kept by licensees in any matter pertaining to their 9 business; 10 (10) To investigate violations of this chapter, chapter 11 244D and, notwithstanding any law to the contrary,. violations of 12 the applicable department of health's allowable noise levels, 13 through its investigators or otherwise, to include covert 14 operations, and to report violations to the prosecuting officer 15 for prosecution and, where appropriate, the director of taxation 16 to hear and determine complaints against any licensee; 17 (11) To prescribe, by rule, the terms, conditions, and 18 circumstances under which persons or any class of persons may be 19 employed by holders of licenses; 20 (12) To prescribe, by rule, the term of any license or 21 solicitor's and representative's permit authorized by this 22 chapter, the annual or prorated amount, the manner of payment of 12-164a.doc .B. NO. I fees for the licenses and permits, and the amount of filing 2 fees; and 3 (13) To prescribe, by rule, the circumstances and penalty 4 for the unauthorized manufacturing or selling of any liquor. 5 (b) subject only to this chapter, the commission or board 6 and each member thereof shall have the same powers respecting 7 the administering of oaths, compelling the attendance of 8 witnesses and the production of documentary evidence, and 9 examining the witnesses as are possessed by a circuit court, 10 except that the commission or board and each member thereof 11 shall not be bound by the strict legal rules of emidence. In 12 addition, the commission or board shall have the power to 13 require the production of, and to examine any books, papers, and 14 records of any licensee which may pertain to the licensee's 15 business under the license or which may pertain to a matter at a 16 hearing before the commission or board or to an investigation by 17 the commission or board. 18 (c) The commission shall also have the power to provide 19 funding to the county for public and private programs that are 20 intended to prevent and treat alcohol abuse within that county. 21 (d) The exercise by the commission or board of the power, 22 authority, and discretion vested in it pursuant to this chapter 12-164a.doc .B. NO. I shall be final and shall not be reviewable by or appealable to 2 any court or tribunal, except as otherwise provided in this 3 chapter or chapter 91." 4 SECTION 2. Section 281-17.5, Hawaii Revised Statutes, is 5 amended by amending subsection (b) to read as follows: 6 "(b) Any [such] liquor license fees or any moneys 7 collected or received by any liquor commission under this 8 chapter may only be used for alcohol abuse education, 9 prevention, and treatment programs and costs and expenses 10 directly relating to operational and administrative costs 11 actually incurred by the liquor commission collecting or 12 receiving [such] those liquor license fees or moneys. [Such] 13 The fees or moneys shall not be used for any costs or expenses 14 other than those directly relating to its operation and 15 administration, except as otherwise provided by law." 16 SECTION 3. Statutory material to be deleted is bracketed 17 and in strikethrough. New statutory material is underscored. 18 SECTION 4. This Act shall take effect upon its approval. 19 20 INTRODUCED BY: 21 12-164a.doc Resolution No. 12-95 APPROVING FOR INCLUSION IN THE 2013 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A STATE BILL REQUIRING THE LABELING OF GENETICALLY ENGINEERED FOOD PRODUCTS WHEREAS, the growth of genetically engineered food production has been swift and pervasive throughout the nation; and WHEREAS, the long-term effects of consuming genetically engineered foods are unclear, and without mandatory labeling requirements of these foods consumers may unknowingly be putting their health at risk; and WHEREAS, consumers should have the right to know what is in food available for sale so that they can make informed choices; and WHEREAS, enactment of State legislation requiring the labeling of genetically engineered food products would meet the demand of Hawaii's residents for informed choices concerning the foods they consume; now, therefore, BE IT RESOLVED by the Council of the County of Maui: That the proposed State bill, attached as Exhibit "A', to require the labeling of genetically engineered food products sold in the State, is approved for inclusion in the 2013 Hawaii State Association of Counties ("HSAC") Legislative Package; and 2. That a certified copy of this resolution be transmitted to the HSAC Executive Committee. paf cmn:12-159b Exhibit "A" paf:cmn:12-159a B. NO. A BILL FOR AN ACT RELATING TO FOOD LABELING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 328, Hawaii Revised Statutes, is 2 amended by adding a new section to be appropriately designated 3 and to read as follows: 4 ^5328- Genetically engineered material; labeling 5 requirement. (a) Beginning January 1, 2014, no food or raw 6 agricultural commodity shall be sold in the State if it contains 7 a genetically engineered material, or was produced with a 8 genetically engineered material, unless it bears a label that 9 provides the following disclosure notice in bold -face print and 10 not less than ten -point type: 11 "THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED MATERIAL, 12 OR WAS PRODUCED WITH A GENETICALLY ENGINEERED MATERIAL." 13 (b) A food shall be considered to have been produced with 14 a genetically engineered material if: 15 (1) The organism from which the food is derived has been 16 injected or otherwise treated with a genetically 17 engineered material (except that the use of manure as paf:cmn:12-159a B. NO. 1 a fertilizer for raw agricultural commodities may not 2 be construed to mean that those commodities are 3 produced with a genetically engineered material); 4 (2) The animal from which the food is derived has been fed 5 genetically engineered material; or 6 (3) The food contains an ingredient that is a food to 7 which paragraph (1) or (2) applies. 8 (c) For the purposes of this section: 9 "Genetically engineered material" means material derived 10 from any part of a genetically engineered organism, without 11 regard to whether the altered molecular or cellular 12 characteristics of the organism are detectable in the material. 13 "Genetically engineered organism" means: 14 (1) An organism that has been altered at the molecular or 15 cellular level by means that are not possible under 16 natural conditions or processes (including recombinant 17 deoxyribonucleic acid and ribonucleic acid techniques, 18 cell fusion, microencapsulation, macroencapsulation, 19 gene deletion and doubling, introducing a foreign 20 gene, and changing the positions of genes), other than 21 a means consisting exclusively of breeding, paf:cmn:12-159a .B. NO. I conjugation, fermentation, hybridization, in vitro 2 fertilization, tissue culture, or mutagenesis; or 3 (2) An organism made through sexual or asexual 4 reproduction, or both, involving an organism described 5 in paragraph (1), if possessing any of the altered 6 molecular or cellular characteristics of the organism 7 so described. 8 (d) This section shall not apply to food that is: 9 (1) Served in restaurants or other establishments in which 10 food is served for immediate human consumption; 11 (2) Processed and prepared primarily in a retail 12 establishment and is ready for human consumption, of 13 the type described in paragraph (1), and is offered 14 for sale to consumers but not for immediate human 15 consumption in the establishment and is not offered 16 for sale outside the establishment: or 17 (3) A medical food as defined in section 346-67. 18 19 (e) A violation rule adopted pursuant of any to this provision of this section, or any chapter, shall be punishable by a 20 fine of not more than $1,000 for each violation. 21 (f) The director of health shall adopt rules, pursuant to 22 chapter 91, necessary for the purposes of this section, paf:cmn:12-159a B. NO. 1 including rules for the testing of foods to determine the 2 presence and content of genetically engineered material." 3 SECTION 2. New statutory material is underscored. 4 SECTION 3. This Act shall take effect upon its approval. 5 6 7 INTRODUCED BY: paf:cmn:12-159a COUNCIL OF THE COUNTY OF MAUI WAILUKU, HAWAII 96793 CERTIFICATION OF ADOPTION It is HEREBY CERTIFIED that RESOLUTION NO. 12-95 was adopted by the Council of the County of Maui, State of Hawaii, on the 21st day of September, 2012, by the following vote: COUNTY CLERK Dennis A. Josaph Gladys C. Robert Eleanore Donald G. G. RLId Michael P. Michael B. MEMBERS MATEO PONTANILLA BALSA CARROLL COCHRAN COUCH, JR. HOKAMA VICTORINO WHITE Chair Vice -Chair ROLL CALL Aye Aye Aye Aye Aye Aye Aye Aye Excused COUNTY CLERK