HomeMy WebLinkAboutREP FC 377 04/09/1991 REPORT OF THE
COMMITTEE ON FINANCE
Date: April 9, 1991 Re: "Comm. 2422
Place: Councilroom
Time: 10 : 00 a .m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Finance, to which was referred Bill 413, reports
as follows :
Bill 413 proposes to amend Ordinance 90-74, the Operating Budget for
Fiscal Year 1990-91, by increasing revenues in the following General
Fund accounts :
Account No . Source Amount
010-000-3202 . 18-000 Commercial Driver License Fees $63 , 900
and appropriating same to the following accounts :
Account No. Function & Activity Amount
010-201-5218 . 11-011 CDL Program - Reg S&W $27,451
010-201-5218 . 11-021 CDL Program - Overtime S&W 2, 592
010-201-5218 . 11-099 CDL Program - Misc S&W 200
010-201-5218 . 12-102 CDL Program - Telephone 150
010-201-5218 . 12-109 CDL Program - Repairs to Equipment 200
010-201-5218 . 12-112 CDL Program - Mileage 700
010-201-5218 . 12-227 CDL Program - Computer & Office Supplies 500
010-201-5218 . 12-235 CDL Program - Misc M&S 500
010-201-5218 . 12-341 CDL Program - Misc Charges 19 , 072
010-201-5218 . 16-450 CDL Program - Office Equip 1,205
010-201-5218 . 16-454 CDL Program - Computer Equip 10, 130
010-201-5218 . 16-480 CDL Program - Misc Equip 1,200
Total $63 , 900
Communication No. 2422, dated April 2, 1991 from the Finance
Director, transmits for Council ' s consideration and approval Bill
No . 413 which proposes to establish a new revenue account in the
amount of $63, 900 and appropriate the same amount to establish
within the Police Department a Commercial Driver ' s License program
which will be administered and operated by the County. Also
transmitted (and attached to this report) is the draft agreement
between the County and the State Department of Transportation which
delineates the responsibility and financing of the subject program.
FC REPORT N0, 377
ADOPTED: APR 1 7 1991
FC- 377 Page 2 April 9 , 1991
Your Committee was informed that the Commercial Motor Vehicle Safety
Act of 1986 (CMVSA) , 49 App. U.S.C. Sec. 2708 specifies Federal
highway construction and improvement funds may be withheld from
states not implementing provisions of the Act by October 1, 1993 .
In order to fully comply with provisions of said Act, to include
establishment of a statewide computerized commercial motor vehicle
operator information system, the State Legislature passed Act 320
amending Chapter 286 "Highway Safety" which became effective
April 1, 1991. Therein, the State requires the counties to
administer all commercial driver ' s license (CDL) testing and
licensing requirements .
Your Committee was further informed that the State is responsible
for coordinating and financing the development and implementation of
the comprehensive statewide CDL program and intends to work
cooperatively to implement the CMSVA program on the Island of Oahu
and throughout the State. Therefore, funding for the CDL program,
to include the initial start-up costs of $63, 900, will be reimbursed
by the State on a monthly basis, as invoiced by the County.
Your Committee heard testimony from representatives of the Police
Department who explained that the CDL program will be implemented
throughout the U. S.A. and is mandatory for every state. The Federal
government has already granted $800, 000 to the State of Hawaii for
its implementation. In preparation of the April 1, 1991
implementation deadline, the Police Department has started training
and testing prospective licensees throughout the island and reports
that special emphasis was placed on assisting the numerous drivers
employed at the sugar plantations with test preparation. Also
reported that the Island of Hawaii test success rate is highest in
the state, with a failure rate 3% less than the state average of
16%. The Police representatives further explained that the majority
of the test and supplemental endorsements will be orally
administered with the exception of the test regarding the transport
of hazardous wastes which is written.
Your Committee acknowledges that together with Bill 413, which
appropriates said funding of $63, 900 to establish and operate the
CDL program, is Resolution No . 313-91 which requests the creation of
eight (8) new positions to administer and perform the necessary
operation of the program.
FC- 377 Page 3 April 9 , 1991
Your Committee on Finance is in accord with the intent and purpose
of Bill 413 and reco ends that it pass first reading.
HELENE H. HALE, CH RWOMAN
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ROBERT H. 1MAKUAKANE, VICE CHR. BRIAN J DE LIMA, ME 11.-"w'
6$4144.4/
TA , SHI DOMINGO, MBER MERL K. LAI, ME •!g•
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HARRY S. 41DDLE, MEMBER SPENCER K. SCHUTTE, MEMBER
POL
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DOT 91-107
AGREEMENT
THIS AGREEMENT . rade this day of , 1991 , by and
'oetween the STATE C7 HAWAII . i:y its Director of Transportation ,
hereinafter referred to as "STATE" ; and THE COUNTY CF HAWAII .
hereinafter called the "COUNTY" ;
WITNESSETH THAT:
WHEREAS , the Commercial Motor Vehicle Safety Act of 1986
( CMVSA ) , more particularly 49 App . U. S.C. sec 2708, specifies
that in order to avoid withholding of federal highway
onstruction and improvement funds , the States shall implement
the CMVSA by October 1 , 1993 ; .and
WHEREAS . the CMVSA reouires a comprehensive statewide
= _mcL. teri =ed _ommer= : ai motor vehicle operator information system
enable the STATE to determine the qualifications of
individuals who aoaly For a commercial motor •. ehicle driver ' s
license and to have immediate access , through the commer=:al
driver ' s license information system ( CDLIS) , national driver
-ecords of commercial motor vehicle driver ' s applications ; and
WHEREAS , Honolulu County ' s Department of Data Systems ( DDS)
currently operates the driver licensing application system for
the STATE; and
WHEREAS , the COOUNTY ' s police department administers all
motor vehicle driver testing and licensing requirements ; and
WHEREAS . p=ct 20 . SLH 1°99, requires the Counties to
dm : raster all commerc : al -river ' s license COL ) test : nn and
: _tensing requirements : and
WHEREAS, it is the intent of the STATE and the COUNTY to
work cooperatively to implement the CMVSA program on the Island
of Oahu and throughout the State: and
WHEREAS, the STATE is responsible for coordinating and
financing the development and implementation of the comprehensive
statewide COL program ; and
WHEREAS . the STATE. pursuant to the authority vested in the
: irector of Transportation under section 286-874 Hawaii Revised
Statutes . Act 320 SLH 1989. desires to enter into an agreement
,pith the COUNTY to administer the CMVSA program on Oahu and
assist with the implementation of the CDLIS statewide; and
WHEREAS , the COUNTY is willing to accept the delegation of
said administration and enforcement as evidenced by Resolution
Number ___ , marked on Exhibit ___, attached hereto and made a
;art hereof ;
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NOW. THEREFORE , in c:nsideration of the covenants
-)ereinafter contained and on the part of the =CUNTY and the STA E
to be observed and oerfcrmed , the parties hereto aaree as
fo11cws .
A . APPLICATION
The COUNTY shall :
1 . Maintain a CDLIS which complies with all federal CDLIS
requirements .
2 . Obtain the appli=ant ' s driver record information
through the CDLIS . the National Driver Register , and
from the last date which issued the applicant a CDL
before :ssuinc s CDL or a commercial driver ' ,:
instruction cer-it .
3 . Issue Commercial river ' s Instruction Permits to
persons who meet the applicable requirements .
4 . Conduct all knowledge and skills tests as prescribed by
the STATE to CDL applicants and issue a CDL to
qualified persons .
5. Furnish complete driver ' s record of CDL .holders to ( 1 )
any authorized driver ' s license administrator of any
other state , or province or territory of Canada .
requesting such information; and ( 2) the CDL holder ' s
employer or prospective employer , upon proof jf
conse"t .
b . inout into the ==LIS. within 10 days , the names of and
relevant infor.^at :on about persons who have a Cam:_ .
7. Discose of all s urrendered out-of-state licenses .
8. Notify the CDL driver by certified mail within 10 days
that the COUNTY has suspended , revoked , or canceled a
CDL or permit and afford the CDL driver an opportunity
for a hearing .
9 . Update the CDLIS. within 10 days , of any suspension ,
revocation , or cancellation of a CDL or permit . and
notify the out-of-state licensing authority , within 10
days . of the pertinent information .
10. Notify the CDL driver ' s employer , as provided in the
driver ' s record , :+ithin 10 days , of any suspension,
revocation, or cancellation of the driver ' s CDL or
permit .
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11 . Record all CDL :onvictions and disqualification= -
-awa i i COL drivers when .:he CDL driver sends in ,r i ` ten
notification t: the _•:aminer of Drivers . The :c_im:--er
of Drivers is to ensure that each written notice
contains the Yollowinc :
( a ) Driver ' _ full game ;
( b ) Driver ' s license number ;
( c ) Date of conviction or disqualification ;
( d ) The specific statutory; violation;
( e) An indication of whether or not the violation
occurred while driving a CMV;
( f ) The location of the offense ; and
( g ) The signature of the driver .
12. Provide local "help-de=_k " cervices to help resol '. e
CDLIS problems that develop .
13. Collect appropriate CDL testing and licensing fees and
provide STATE with a quarterly account of all collecte
fees and expenses .
The STATE shall :
1 . Prescribe all CDL tests to be administered by the
COUNTY .
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2 . Reproduce all forms for the administration of the CDL
program and distribute them to the COUNTY on an la
needed basis .
3 . Establish a fee schedule for all CDL licensina
examinations and for issuing CDLs and permits .
4 . Certify all third party examiners and monitor them at
least once each year .
• Enter into an agreement with all third party examiner=
{ who administer CDL skill tests .
S. Provide the State ' s central help-desk service to be
available to provide assistance locally or nationally
on matters involving the CDLIS .
• Reimburse -the COUNTY monthly for all costs incurred by
the COUNTY for establishing , administering and
enforcing the CDL program . The amount of reimbursement
shall be approved by the Director of Transportation.
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? . PAYMENT
, . Administration Cast . The COUNTY shall bill the STATE
monthly for the wor oert:rmed . Monthly proaress payments =hall
oe made by the STATE based upon this periodic billing . The COUNT'•
_hall submit to the Director of Transportation for written
approval prior to July 1 of each year , a proposed expenditure
Alan showing the estimated cost to the STATE for the COUNTY ' S
:mplemention of the PMVI program. Only expenditures with prior
written approval by the Director of Transportation shall `e
authorized for payment . These estimates may be modified at any
time . subject to the Director of Transportation ' s written
approval before any modification payment is made .
2 . Remittance . The COUNTY shall remit , monthly , to the STATE
all =DL fees . 1aowever , personnel , equipment , materials , :uoplies
end ether approved ronthlJ expenses related directly -71 t`e work•
=erf:rmed under this Agreement shall be deducted from the monthl .
emittance to the STATE . : f these deductions exceed the
remittance due the STATE . the COUNTY shall submit an invoice to
the STATE showing any balance due to the COUNTY .
C . ACCOUNTING
The COUNTY shall maintain its records in conformity with
• generally accepted accounting principles . The COUNTY shall also
establish procedures and maintain and make available to the STATE
loon --eauest the r,ecessar'.' Source documents which will reliably
account for monies expended . The records maintained by the COUNTY
need not be similar to the STATE accounting forms and practices .
The COUNTY may use its own forms in maintaining its own records .
:onsi _tent with accepted crirc=ples , and provide info-nation as
required under this Agreement .
INDEMNIFICATION
The STATE shall indemnify , defend and hold harmless the
y COUNTY , its officers , agents , representatives and employees from
and •loainst any claim . action . demand , suit or judgment for loss .
liability or damage , including claims for property damage .
• personal injury or death . and for costs and attorney ' s Fees ,
except for those injuries or damages arising or growing out of
the negligence or Willful misconduct of the COUNTY , it officers .
agents , representatives and =molovees in connection with this
-greement . This Agreement to indemnify shall not acpiy to
Intentional torts .
LIAISON OFFICER
The Highway Safety Manager of the State Department of
Transportation is designated as the liaison officer for the
STATE , and the COUNTY will submit the name of its liaison officer
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to the STATE upon execution of this Agreement .
F . TERM OF AGREEMENT
This Agreement shall become effective upon execution and
shat : remain in effect until amended . or terminated .
This Agreement may be amended at any time upon mutual
written consent of the parties . A six-month written noti:e shall
be required to terminate this Agreement .
IN WITNESS WHEREOF, the STATE and the COUNTY have caused
this Contract to be executed as of the date and year First above
written.
STATE CF HAWAII
By
EDWARD Y . HIRATA
Director of Transportation
COUNTY OF HAWAII
By
Its Mayor
.PP=OVED AS TO FORM AND LEGALITY:
DEPUTY ATTORNEY GENERAL DEPUTY CORPORATION COUNSEL
STATE OF HAWAII
COUNTY OF HAWAII
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