HomeMy WebLinkAboutRES 158 Draft 01 2012-2014 Hawai`i County Council-20 August 21,2013
Res. 158-13: REQUESTS THE INCLUSION IN THE 2014 HAWAII STATE
ASSOCIATION OF COUNTIES (HSAC) LEGISLATIVE PACKAGE A
PROPOSED STATE BILL RELATING TO HIGH STAKES BINGO AS A
NEW REVENUE SOURCE
Requests HSAC to include in its 2014 Legislative Package a proposal to
implement a high stakes bingo pilot program.
Reference: Comm. 374
Intr. by: Ms. Wille
Waived: GREDC
FILED DUE TO THE FOLLOWING VOTE:
AYES: Council Members Onishi and Wille—2.
NOES: Council Members Ford, Ilagan, Kanuha, Kern, Poindexter,
Yoshimoto, and Acting Chair Eoff—7.
ABSENT: None.
EXCUSED: None.
(For informational purposes, Mr. Kern and Mr. Yoshimoto voted "Kanalua" and
"No.")
Page 7
JrtY Oi......
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 158 13
A RESOLUTION REQUESTING THE INCLUSION IN THE 2014 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSED STATE
BILL RELATING TO HIGH STAKES BINGO AS A NEW REVENUE SOURCE.
WHEREAS, both the state and the counties are in need of additional streams of revenue;
and
WHEREAS, both the state and the counties have made a concerted effort to reduce
expenditures to the maximum extent possible; and
WHEREAS, both the state and counties are reluctant to place additional tax burdens on
individuals and businesses; and
WHEREAS, various casino gambling bills have been proposed in order to raise revenue
but have been defeated for various reasons, including concerns over associated social ills; and
WHEREAS, studies have shown that independent high stakes bingo operations alone do
not attract the negative social concerns associated with full-scale casino gambling; and
WHEREAS, high stakes bingo operations are ordinarily housed in multipurpose
facilities, making those facilities otherwise available for other community events; and
WHEREAS, HR177 (2013 State Legislative Session), which proposed the creation of a
task force to study various forms of gaming, was defeated largely due to the estimated cost of
such a comprehensive study ($850,000); and
WHEREAS, allowing for pilot programs on a county-by-county basis is another way to
assess the pros and cons of any gaming program as a feasible and acceptable means of raising
additional revenue; and
WHEREAS, while the state and counties would prefer not to resort to any form of
gaming in order to raise revenue, legislators on the county councils and in the state legislature
are realistic about the pending short falls of revenue and the need to avoid placing additional tax
burdens on our constituencies; and
WHEREAS, implementation of a high stakes bingo pilot program would result in
significant additional revenue for essential state and county services, without further taxation;
now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
proposed State bill, attached as Exhibit "A", relating to high stakes bingo as a new revenue
source, be considered for inclusion in the 2014 Hawai`i State Association of Counties Legislative
Package.
BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to
transmit copies of this Resolution to the Honorable Mayor William P. Kenoi, and to the Hawai`i
State Association of Counties' Executive Committee.
Dated at , Hawai`i, this day of , 2013.
INTRODUCED BY:
J
CO L MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF
FORD
I hereby certify that the foregoing RESOLUTION was by ILAGAN
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawai`i on
KERN
ONISHI
ATTEST: POINDEXTER
WILLE
YOSHIMOTO
Reference: C-374/Waived GREDC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 158 13
2
Exhibit A
JUSTIFICATION SHEET
PROPOSER: Hawai`i State Association of Counties
TITLE: RELATING TO HIGH STAKES BINGO AS A NEW REVENUE
SOURCE
PURPOSE: This proposed Bill for an Act amends Chapter 46 of the Hawai`i
Revised Statutes relating to General Provisions
MEANS: Amend Section 46-1.5, Hawai`i Revised Statues.
JUSTIFICATION: Both the state and the counties have made a concerted effort to
reduce expenditures but are in need of additional streams of
revenue without placing additional tax burdens on individuals
and businesses. High stakes bingo operations are usually housed
in multipurpose facilities, which can also be used for other
events. High stakes bingo does not have the crime and social ills
associated with casino level gambling and would help offset
revenue shortfalls without further taxation.
Exhibit A •D • NO.
A BILL FOR AN ACT
RELATING TO HIGH STAKES BINGO AS A NEW REVENUE SOURCE
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Both County and State governments are in need
2 of new revenue streams . The Counties in particular do not want
3 to increase real property taxes . Some form of gaming would
4 provide additional income without imposing new taxes or other
5 fees . In light of accompanying social ills and crime the people
6 of this state are however reluctant to allow for any large scale
7 casino gambling to become established. On the other hand,
8 limited prize bingo is generally accepted as not having the same
9 adverse impact on the local community. Bingo can also be
10 carried out in a multipurpose facility that is also available
11 for other needed purposes . Whereas there is some concern that
12 the people of Hawaii may not be able to handle any form of
13 gambling regardless of the size of the prizes, on balance the
14 County and State believe these concerns can be addressed and
15 should not be a bar to initiating these pilot programs .
16
17 SECTION 2 . Section 46-1 . 5, Hawaii Revised Statutes, is
18 amended to read as follows :
19
20 "§46-1.5 General powers and limitation of the counties . Subject
21 to general law, each county shall have the following powers and
22 shall be subject to the following liabilities and limitations :
23 (1) Each county shall have the power to frame and adopt a
24 charter for its own self-government that shall
25 establish the county executive, administrative, and
26 legislative structure and organization, including but
27 not limited to the method of appointment or election
28 of officials, their duties, responsibilities, and
29 compensation, and the terms of their office;
30 (2) Each county shall have the power to provide for and
31 regulate the marking and lighting of all buildings and
32 other structures that may be obstructions or hazards
33 to aerial navigation, so far as may be necessary or
34 proper for the protection and safeguarding of life,
35 health, and property;
36 (3) Each county shall have the power to enforce all claims
37 on behalf of the county and approve all lawful claims
38 against the county, but shall be prohibited from
39 entering into, granting, or making in any manner any
40 contract, authorization, allowance payment, or
41 liability contrary to the provisions of any county
42 charter or general law;
43 (4) Each county shall have the power to make contracts and
44 to do all things necessary and proper to carry into
45 execution all powers vested in the county or any
46 county officer;
47 (5) Each county shall have the power to:
48 (A) Maintain channels, whether natural or artificial,
49 including their exits to the ocean, in suitable
50 condition to carry off storm waters;
51 (B) Remove from the channels, and from the shores and
52 beaches, any debris that is likely to create an
53 unsanitary condition or become a public nuisance;
54 provided that, to the extent any of the foregoing
55 work is a private responsibility, the
56 responsibility may be enforced by the county in
57 lieu of the work being done at public expense;
58 (C) Construct, acquire by gift, purchase, or by the
59 exercise of eminent domain, reconstruct, improve,
60 better, extend, and maintain projects or
61 undertakings for the control of and protection
62 against floods and flood waters, including the
63 power to drain and rehabilitate lands already
64 flooded; and
65 (D) Enact zoning ordinances providing that lands
66 deemed subject to seasonable, periodic, or
67 occasional flooding shall not be used for
68 residence or other purposes in a manner as to
69 endanger the health or safety of the occupants
70 thereof, as required by the Federal Flood
71 Insurance Act of 1956 (chapter 1025 , Public Law
72 1016) ;
73 (6) Each county shall have the power to exercise the power
74 of condemnation by eminent domain when it is in the
75 public interest to do so;
76 (7) Each county shall have the power to exercise
77 regulatory powers over business activity as are
78 assigned to them by chapter 445 or other general law;
79 (8) Each county shall have the power to fix the fees and
80 charges for all official services not otherwise
81 provided for;
2
82 (9) Each county shall have the power to provide by
83 ordinance assessments for the improvement or
84 maintenance of districts within the county;
85 (10) Except as otherwise provided, no county shall have the
86 power to give or loan credit to, or in aid of, any
87 person or corporation, directly or indirectly, except
88 for a public purpose;
89 (11) Where not within the jurisdiction of the public
90 utilities commission, each county shall have the power
91 to regulate by ordinance the operation of motor
92 vehicle common carriers transporting passengers within
93 the county and adopt and amend rules the county deems
94 necessary for the public convenience and necessity;
95 (12) Each county shall have the power to enact and enforce
96 ordinances necessary to prevent or summarily remove
97 public nuisances and to compel the clearing or removal
98 of any public nuisance, refuse, and uncultivated
99 undergrowth from streets, sidewalks, public places,
100 and unoccupied lots . In connection with these powers,
101 each county may impose and enforce liens upon the
102 property for the cost to the county of removing and
103 completing the necessary work where the property
104 owners fail, after reasonable notice, to comply with
105 the ordinances . The authority provided by this
106 paragraph shall not be self-executing, but shall
107 become fully effective within a county only upon the
108 enactment or adoption by the county of appropriate and
109 particular laws, ordinances, or rules defining "public
110 nuisances" with respect to each county' s respective
111 circumstances . The counties shall provide the
112 property owner with the opportunity to contest the
113 summary action and to recover the owner' s property;
114 (13) Each county shall have the power to enact ordinances
115 deemed necessary to protect health, life, and
116 property, and to preserve the order and security of
117 the county and its inhabitants on any subject or
118 matter not inconsistent with, or tending to defeat,
119 the intent of any state statute where the statute does
120 not disclose an express or implied intent that the
121 statute shall be exclusive or uniform throughout the
122 State;
123 (14) Each county shall have the power to:
124 (A) Make and enforce within the limits of the county
125 all necessary ordinances covering all :
126 (i) Local police matters;
127 (ii) Matters of sanitation;
128 (iii) Matters of inspection of buildings;
3
129 (iv) Matters of condemnation of unsafe structures,
130 plumbing, sewers, dairies, milk, fish, and
131 morgues; and
132 (v) Matters of the collection and disposition of
133 rubbish and garbage;
134 (B) Provide exemptions for homeless facilities and any
135 other program for the homeless authorized by part
136 XVII of chapter 346 , for all matters under this
137 paragraph;
138 (C) Appoint county physicians and sanitary and other
139 inspectors as necessary to carry into effect
140 ordinances made under this paragraph, who shall
141 have the same power as given by law to agents of
142 the department of health, subject only to
143 limitations placed on them by the terms and
144 conditions of their appointments ; and
145 (D) Fix a penalty for the violation of any ordinance,
146 which penalty may be a misdemeanor, petty
147 misdemeanor, or violation as defined by general
148 law;
149 (15) Each county shall have the power to provide public
150 pounds; to regulate the impounding of stray animals
151 and fowl, and their disposition; and to provide for
152 the appointment, powers, duties, and fees of animal
153 control officers;
154 (16) Each county shall have the power to purchase and
155 otherwise acquire, lease, and hold real and personal
156 property within the defined boundaries of the county
157 and to dispose of the real and personal property as
158 the interests of the inhabitants of the county may
159 require, except that :
160 (A) Any property held for school purposes may not be
161 disposed of without the consent of the
162 superintendent of education;
163 (B) No property bordering the ocean shall be sold or
164 otherwise disposed of; and
165 (C) All proceeds from the sale of park lands shall be
166 expended only for the acquisition of property for
167 park or recreational purposes;
168 (17) Each county shall have the power to provide by charter
169 for the prosecution of all offenses and to prosecute
170 for offenses against the laws of the State under the
171 authority of the attorney general of the State;
172 (18) Each county shall have the power to make
173 appropriations in amounts deemed appropriate from any
174 moneys in the treasury, for the purpose of :
175 (A) Community promotion and public celebrations;
4
176 (B) The entertainment of distinguished persons as may
177 from time to time visit the county;
178 (C) The entertainment of other distinguished persons,
179 as well as, public officials when deemed to be in
180 the best interest of the community; and
181 (D) The rendering of civic tribute to individuals who,
182 by virtue of their accomplishments and community
183 service, merit civic commendations, recognition,
184 or remembrance;
185 (19) Each county shall have the power to:
186 (A) Construct, purchase, take on lease, lease,
187 sublease, or in any other manner acquire, manage,
188 maintain, or dispose of buildings for county
189 purposes, sewers, sewer systems, pumping
190 stations, waterworks, including reservoirs,
191 wells, pipelines, and other conduits for
192 distributing water to the public, lighting
193 plants, and apparatus and appliances for lighting
194 streets and public buildings, and manage,
195 regulate, and control the same;
196 (B) Regulate and control the location and quality of
197 all appliances necessary to the furnishing of
198 water, heat, light, power, telephone, and
199 telecommunications service to the county;
200 (C) Acquire, regulate, and control any and all
201 appliances for the sprinkling and cleaning of the
202 streets and the public ways, and for flushing the
203 sewers; and
204 (D) Open, close, construct, or maintain county
205 highways or charge toll on county highways;
206 provided that all revenues received from a toll
207 charge shall be used for the construction or
208 maintenance of county highways;
209 (20) Each county shall have the power to regulate the
210 renting, subletting, and rental conditions of property
211 for places of abode by ordinance;
212 (21) Unless otherwise provided by law, each county shall
213 have the power to establish by ordinance the order of
214 succession of county officials in the event of a
215 military or civil disaster;
216 (22) Each county shall have the power to sue and be sued in
217 its corporate name;
218 (23) Each county shall have the power to establish and
219 maintain waterworks and sewer works; to collect rates
220 for water supplied to consumers and for the use of
221 sewers; to install water meters whenever deemed
222 expedient; provided that owners of premises having
223 vested water rights under existing laws appurtenant to
5
224 the premises shall not be charged for the installation
225 or use of the water meters on the premises ; to take
226 over from the State existing waterworks systems,
227 including water rights, pipelines, and other
228 appurtenances belonging thereto, and sewer systems,
229 and to enlarge, develop, and improve the same;
230 (24) (A) Each county may impose civil fines, in addition
231 to criminal penalties, for any violation of
232 county ordinances or rules after reasonable
233 notice and requests to correct or cease the
234 violation have been made upon the violator. Any
235 administratively imposed civil fine shall not be
236 collected until after an opportunity for a
237 hearing under chapter 91 . Any appeal shall be
238 filed within thirty days from the date of the
239 final written decision. These proceedings shall
240 not be a prerequisite for any civil fine or
241 injunctive relief ordered by the circuit court;
242 (B) Each county by ordinance may provide for the
243 addition of any unpaid civil fines, ordered by
244 any court of competent jurisdiction, to any
245 taxes, fees, or charges, with the exception of
246 fees or charges for water for residential use and
247 sewer charges, collected by the county. Each
248 county by ordinance may also provide for the
249 addition of any unpaid administratively imposed
250 civil fines, which remain due after all judicial
251 review rights under section 91-14 are exhausted,
252 to any taxes, fees, or charges, with the
253 exception of water for residential use and sewer
254 charges, collected by the county. The ordinance
255 shall specify the administrative procedures for
256 the addition of the unpaid civil fines to the
257 eligible taxes, fees, or charges and may require
258 hearings or other proceedings . After addition of
259 the unpaid civil fines to the taxes, fees, or
260 charges, the unpaid civil fines shall not become
261 a part of any taxes, fees, or charges . The
262 county by ordinance may condition the issuance or
263 renewal of a license, approval, or permit for
264 which a fee or charge is assessed, except for
265 water for residential use and sewer charges, on
266 payment of the unpaid civil fines . Upon
267 recordation of a notice of unpaid civil fines in
268 the bureau of conveyances, the amount of the
269 civil fines, including any increase in the amount
270 of the fine which the county may assess, shall
271 constitute a lien upon all real property or
6
272 rights to real property belonging to any person
273 liable for the unpaid civil fines . The lien in
274 favor of the county shall be subordinate to any
275 lien in favor of any person recorded or
276 registered prior to the recordation of the notice
277 of unpaid civil fines and senior to any lien
278 recorded or registered after the recordation of
279 the notice . The lien shall continue until the
280 unpaid civil fines are paid in full or until a
281 certificate of release or partial release of the
282 lien, prepared by the county at the owner' s
283 expense, is recorded. The notice of unpaid civil
284 fines shall state the amount of the fine as of
285 the date of the notice and maximum permissible
286 daily increase of the fine . The county shall not
287 be required to include a social security number,
288 state general excise taxpayer identification
289 number, or federal employer identification number
290 on the notice . Recordation of the notice in the
291 bureau of conveyances shall be deemed, at such
292 time, for all purposes and without any further
293 action, to procure a lien on land registered in
294 land court under chapter 501 . After the unpaid
295 civil fines are added to the taxes, fees, or
296 charges as specified by county ordinance, the
297 unpaid civil fines shall be deemed immediately
298 due, owing, and delinquent and may be collected
299 in any lawful manner. The procedure for
300 collection of unpaid civil fines authorized in
301 this paragraph shall be in addition to any other
302 procedures for collection available to the State
303 and county by law or rules of the courts ;
304 (C) Each county may impose civil fines upon any person
305 who places graffiti on any real or personal
306 property owned, managed, or maintained by the
307 county. The fine may be up to $1, 000 or may be
308 equal to the actual cost of having the damaged
309 property repaired or replaced. The parent or
310 guardian having custody of a minor who places
311 graffiti on any real or personal property owned,
312 managed, or maintained by the county shall be
313 jointly and severally liable with the minor for
314 any civil fines imposed hereunder. Any such fine
315 may be administratively imposed after an
316 opportunity for a hearing under chapter 91, but
317 such a proceeding shall not be a prerequisite for
318 any civil fine ordered by any court . As used in
319 this subparagraph, "graffiti" means any
7
320 unauthorized drawing, inscription, figure, or
321 mark of any type intentionally created by paint,
322 ink, chalk, dye, or similar substances;
323 (D) At the completion of an appeal in which the
324 county' s enforcement action is affirmed and upon
325 correction of the violation if requested by the
326 violator, the case shall be reviewed by the
327 county agency that imposed the civil fines to
328 determine the appropriateness of the amount of
329 the civil fines that accrued while the appeal
330 proceedings were pending. In its review of the
331 amount of the accrued fines, the county agency
332 may consider:
333 (i) The nature and egregiousness of the
334 violation;
335 (ii) The duration of the violation;
336 (iii) The number of recurring and other similar
337 violations;
338 (iv) Any effort taken by the violator to correct
339 the violation;
340 (v) The degree of involvement in causing or
341 continuing the violation;
342 (vi) Reasons for any delay in the completion of
343 the appeal; and
344 (vii) Other extenuating circumstances .
345 The civil fine that is imposed by administrative
346 order after this review is completed and the
347 violation is corrected shall be subject to
348 judicial review, notwithstanding any provisions
349 for administrative review in county charters;
350 (E) After completion of a review of the amount of
351 accrued civil fine by the county agency that
352 imposed the fine, the amount of the civil fine
353 determined appropriate, including both the
354 initial civil fine and any accrued daily civil
355 fine, shall immediately become due and
356 collectible following reasonable notice to the
357 violator. If no review of the accrued civil fine
358 is requested, the amount of the civil fine, not
359 to exceed the total accrual of civil fine prior
360 to correcting the violation, shall immediately
361 become due and collectible following reasonable
362 notice to the violator, at the completion of all
363 appeal proceedings;
364 (F) If no county agency exists to conduct appeal
365 proceedings for a particular civil fine action
366 taken by the county, then one shall be
8
367 established by ordinance before the county shall
368 impose the civil fine;
369 (25) Any law to the contrary notwithstanding, any county
370 mayor, by executive order, may exempt donors, provider
371 agencies, homeless facilities, and any other program
372 for the homeless under part XVII of chapter 346 from
373 real property taxes, water and sewer development fees,
374 rates collected for water supplied to consumers and
375 for use of sewers, and any other county taxes,
376 charges, or fees; provided that any county may enact
377 ordinances to regulate and grant the exemptions
378 granted by this paragraph;
379 (26) Any county may establish a captive insurance company
380 pursuant to article 19, chapter 431; and
381 (27) Each county shall have the power to enact and enforce
382 ordinances regulating towing operations .
383 (28) Each County may in collaboration with the State' s
384 Department of Business, Economic Development and
385 Tourism, initiate a pilot program for High Stakes
386 Bingo, whereby the Counties may individually conduct
387 high stakes bingo games, with prizes not to exceed
388 $2500 . 00 dollars and all net profits to be split
389 with the state on an 50/50 basis . Unless extended
390 this provision shall expire in 2019 .
391
392
393 SECTION 3 . New statutory material is underscored.
394
395 SECTION 4 . This Act shall take effect upon its approval .
396
397 INTRODUCED BY:
398
399
9