HomeMy WebLinkAboutREP FC 175 2014/05/12 (2012-2014) REPORT OF THE
COMMITTEE ON FINANCE
DATE: May 12, 2014 Re: Comm. No. 877/Bill No. 254
PLACE: Council Chambers
Hilo, Hawai`i
TIME: 10:40 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Bill No. 254, transmitted by Council Member Brenda J. Ford, via Communication No. 877 dated April
23, 2014, initiates an amendment to Article II of the Hawai`i County Charter(2012 Edition), by adding
a new section relating to the responsibilities of the County.
The proposed bill defines the Council's and agencies' duties to protect the public's health, safety, and
welfare.
During the meeting, Bill No. 254 was amended with the contents of Communication No. 877.1,
transmitted by Council Member Ford, dated May 12, 2014.
Council Member Ford expressed her support of the bill. She explained that the intention of bill is to
require the County to abide by the "precautionary principle" and the "Public Trust Natural Resources
Doctrine" in decision making in an effort to protect the public's health, safety and welfare.
Several Council Members voiced their concerns of the bill.
Assistant Corporation Counsel Katherine Carson appeared before Your Committee for questions. She
noted that the existing law, as written in the Hawai`i County Charter, pertaining to the County's
obligation to protect the health, safety, and welfare of the public already exists and has flexibility.
Ms. Garson included that case law and interpretation of the Constitution is expansive and may be further
re-defined in the future. Furthermore, she added that the Hawai`i County Charter should remain broad
and that maybe the amendment, Section 2-3(d), would be better placed as a Hawai`i County Code
amendment. Council Members Wille and Eoff agree that the Hawai`i County Charter may not be the
correct place to exercise this amendment.
Council Member Kern, who is in opposition of the bill, feels it will cause more challenges.
Your Committee on Finance is not in accord with the purpose and intent of Bill No. 254, as amended to
Draft 2, and forwards it to Council with a negative recommendation.
Sc
AYES NOES ABS EX Respectfully submitted,
EOFF X
FORD X COMMITTEE ON FINANCE
ILAGAN X
KANUHA X
KERN - X ' I .� iu%i�"��
ONISHI X
POINDEXTER x VALERIE T. POINDEXTER, CHAIR
WILLE X FC REPORT NO.: 1 75 _
YOSHIMOTO I X ADOPTED: JUN 0 4 7014