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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 353 1
A RESOLUTION TO APPROVE LEGISLATIVE PROPOSALS FOR INCLUSION IN
THE 2016 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE
PACKAGE.
WHEREAS, proposals have been submitted by member counties of the Hawaii State
Association of Counties (HSAC) for consideration by the Hawaii County Council for inclusion
in the 2016 HSAC Legislative Package; and
WHEREAS, at its meeting on November 23, 2015, the HSAC Executive Committee
approved for inclusion in the 2016 HSAC Legislative Package two proposals submitted by the
County of Kauai, one proposal from the City and County of Honolulu, three proposals
submitted by the County of Maui, and one proposal submitted by the County of Hawaii; and
WHEREAS, each proposal must be approved by all four councils to be included in the
2016 HSAC Legislative Package, which will be presented to the State Legislature when it
convenes on January 20, 2016; and
WHEREAS, timely action is necessary for all counties to approve proposals to be
included in the final package; and
WHEREAS, proposals submitted by the counties are listed below and copies of the
proposed bills and resolution are attached hereto as Exhibit A:
1. A Bill for an Act Relating to Zoning (County of Kauai) —previously submitted and
approved by the Hawai `i County Council on October 20, 2015, via Resolution No.
301 -IS
2. A Bill for an Act Relating to Tort Liability (County of Kauai)
3. A Bill for an Act Relating to Mopeds (City and County of Honolulu)
4. A Bill for an Act Relating to Counties (County of Maui)
5. A Bill for an Act Relating to Public Agency Meetings and Records (County of
Maui)
6. A Bill for an Act Relating to Identification Cards for Persons With Disabilities
(County of Maui)
7. A Resolution Requesting the Hawaii State Legislature Urge Hawai`i's
Congressional Delegation to Propose and Pass an Amendment Clarifying That
Corporations Are Not People With Constitutional Rights, and That Unlimited
Campaign Spending is Not Free Speech (County of Hawaii ); now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
legislative proposals as presented in Exhibit A are hereby approved for inclusion in the 2016
Hawai`i State Association of Counties Legislative Package.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the President and Secretary of the Hawai`i State Association of Counties.
Dated at Kona , Hawai`i, this 14th day of December , 2015 .
INT' ODUCED BY:
' ,
I , ► 0044
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the ►LAGAN
County of Hawaii on December 14, 2015 X
KAN UI IA X
ONISHI X
ATTEST: PALEKA X ,
POINDEXTER X
6 1
WILLE X
1e... OKAVS8 0 1 0
Reference: C-581/Waived GREDC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 353 15
2
EXHIBIT A
Hawaii State Association of Counties (HSAC)
Counties of Kauai, Maui, Hawaii & City & County of Honolulu
November 24, 2015
The Honorable Dru Mamo Kanuha
Council Chair, Hawaii County Council
Hawaii County Building
25 Aupuni Street, Suite 1402
Hilo, Hawaii 96720
Dear Chair Kanuha:
Attached for your consideration are proposals to be included in the 2016
Hawaii State Association of Counties (HSAC) Legislative Package, which were
approved by the HSAC Executive ; Committee on September 11, 2015 and
November 23, 2015. Please note"that pursuant to Section 13C of the Bylaws of the
Hawaii State Association of Counties; Inc., proposals must be approved by all four
County Councils in order to be included in the final package.
2016 HSAC LEGISLATIVE PACKAGE
1. A Bill For An Act Relating To Zoning (Proposed by the County
of Kauai)
2. A Bill For An Act Relating To Tort Liability (Proposed by the County
of Kauai)
3. A Bill For An Act Relating To Mopeds (Proposed by the City & County
of Honolulu).;,
4. A Bill For An ' Act Relating To Counties (Proposed by the County
Of Maui) "
5. A Bill For An Act Relating To Public Agency Meetings And Records
(Proposed by the County of Maui)
6. A Bill For An Act Relating To Identification Cards For Persons With
Disabilities (Proposed by the County of Maui)
7. A RESOLUTION REQUESTING THE HAWAII '` STATE
-; LEGISLATURE URGE HAWAI`I'S CONGRESSIONAL
DELEGATION TO PROPOSE AND PASS AN AMENDMENT
CLARIFYING THAT CORPORATIONS ARE NOT PEOPLE WITH
CONSTITUTIONAL RIGHTS, AND THAT UNLIMITED CAMPAIGN
SPENDING IS NOT FREE SPEECH (Proposed by the County
of Hawaii)
4396 Rice Street, Suite 209, Lihu`e, Kauai, Hawaii 96766, (808) 241-4188
Chair Dru Mamo Kanuha, Hawaii County Council
Re: 2016 Legislative Package
November 24, 2015
Page 2
Your attention to this matter is greatly appreciated. Should you have any
questions, please feel free to call the Office of the County Clerk, Council Services
Division, at (808) 241-4188.
Sincerely,
MEL RAPOZ
HSAC President
AO:mn
Attachment
cc: Dennis "Fresh" Onishi, HSAC Vice President
.B. NO.
A BILL FOR AN ACT
RELATING TO ZONING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 46-4, Hawaii Revised Statutes, is amended by
2 amending subsection (a) to read as follows:
3 "(a) This section and any ordinance, rule, or regulation adopted in
4 accordance with this section shall apply to lands not contained within the forest
5 reserve boundaries as established on January 31, 1957, or as subsequently
6 amended.
7 Zoning in all counties shall be accomplished within the framework of a long-
s range, comprehensive general plan prepared or being prepared to guide the overall
9 future development of the county. Zoning shall be one of the tools available to the
10 county to put the general plan into effect in an orderly manner. Zoning in the
11 counties of Hawaii, Maui, and Kauai means the establishment of districts of such
12 number, shape, and area, and the adoption of regulations for each district to carry
13 out the purposes of this section. In establishing or regulating the districts, full
14 consideration shall be given to all available data as to soil classification and
15 physical use capabilities of the land to allow and encourage the most beneficial use
16 of the land consonant with good zoning practices. The zoning power granted herein
17 shall be exercised by ordinance which may relate to:
Page 2
.B. NO.
1 (1) The areas within which agriculture, forestry, industry, trade, and
2 business may be conducted;
3 (2) The areas in which residential uses may be regulated or prohibited;
4 (3) The areas bordering natural watercourses, channels, and streams, in
5 which trades or industries, filling or dumping, erection of structures, and the
6 location of buildings may be prohibited or restricted;
7 (4) The areas in which particular uses may be subjected to special
s restrictions;
9 (5) The location of buildings and structures designed for specific uses and
10 designation of uses for which buildings and structures may not be used or altered;
11 (6) The location, height, bulk, number of stories, and size of buildings and
12 other structures;
13 (7) The location of roads, schools, and recreation areas;
14 (8) Building setback lines and future street lines;
15 (9) The density and distribution of population;
16 (10) The percentage of a lot that may be occupied, size of yards, courts, and
17 other open spaces;
18 (11) Minimum and maximum lot sizes; and
19 (12) Other regulations the boards or city council find necessary and proper
20 to permit and encourage the orderly development of land resources within their
21 jurisdictions.
Page 3
B. NO.
I The council of any county shall prescribe rules, regulations, and
2 administrative procedures and provide personnel it finds necessary to enforce this
3 section and any ordinance enacted in accordance with this section. The ordinances
4 may be enforced by appropriate fines and penalties, civil or criminal, or by court
5 order at the suit of the county or the owner or owners of real estate directly affected
6 by the ordinances.
7 Any civil fine or penalty provided by ordinance under this section may be
s imposed by the district court, or by the zoning agency after an opportunity for a
9 hearing pursuant to chapter 91. The proceeding shall not be a prerequisite for any
10 injunctive relief ordered by the circuit court.
11 Nothing in this section shall invalidate any zoning ordinance or regulation
12 adopted by any county or other agency of government pursuant to the statutes in
13 effect prior to July 1, 1957.
14 The powers granted herein shall be liberally construed in favor of the county
15 exercising them, and in such a manner as to promote the orderly development of
16 each county or city and county in accordance with a long-range, comprehensive
17 general plan to ensure the greatest benefit for the State as a whole. This section
18 shall not be construed to limit or repeal any powers of any county to achieve these
19 ends through zoning and building regulations, except insofar as forest and water
20 reserve zones are concerned and as provided in subsections (c) and (d).
Page 4
.B. NO.
1 Neither this section nor any ordinance enacted pursuant to this section shall
2 prohibit the continued lawful use of any building or premises for any trade,
3 industrial, residential, agricultural, or other purpose for which the building or
4 premises is used at the time this section or the ordinance takes effect; provided that
5 a zoning ordinance may provide for elimination of nonconforming uses as the uses
6 are discontinued, or for the amortization or phasing out of nonconforming uses or
7 signs over a reasonable period of time in commercial, industrial, resort, and
s apartment zoned areas onlyH, and provided further that a zoning ordinance may
9 provide for the amortization or phasing out of nonconforming single-family
10 transient vacation rental units over a reasonable period of time in an area of any
11 zoning classification. In no event shall such amortization or phasing out of
12 nonconforming uses apply to any existing building or premises used for residential
13 (single-family or duplex) or agricultural uses. Nothing in this section shall affect or
14 impair the powers and duties of the director of transportation as set forth in chapter
15 262."
16 SECTION 2. Statutory material to be repealed is bracketed and stricken.
17 New statutory material is underscored.
is SECTION 3. This Act shall take effect upon its approval.
19
20
Introduced by:
Page 5
.B. NO.
Report Title:
County Zoning; Single -Family Transient Vacation Rentals
Description:
Clarifies County zoning authority by distinguishing Single -Family residential use
from Single -Family vacation rental use and allowing amortization by ordinance for
Single -Family Transient Vacation Rentals over a reasonable period.
TWENTY-NINTH LEGISLATURE, 2016
STATE OF HAWAII
.B. NO.
A BILL FOR AN ACT
RELATING TO TORT LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1.
Act
170, Session Laws of Hawaii 2002, as
amended by
2 section 4 of Act 152,
Session
Laws of Hawaii 2007, as amended by
section 2 of
3 Act 81, Session Laws of Hawaii 2009, as amended by section 1 of Act 98, Session
4 Laws of Hawaii 2013, is amended by amending section 5 to read as follows:
5 "SECTION 5. This Act shall take effect upon its approval. [; provide th-a
7 SECTION 2. Statutory material to be repealed is bracketed and
s stricken.
9 SECTION 3. This Act shall take effect upon its approval.
to
11
C
INTRODUCED BY:
.B. NO.
Report Title:
State and County Tort Liability
Description:
Deletes the sunset provision for the liability exceptions for county lifeguards.
The summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.
.B. NO.
A BILL FOR AN ACT
RELATING TO MOPEDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 286-2, Hawaii Revised Statutes, is
2 amended by amending the definitions of "motor vehicle" and
3 "vehicle" to read as follows:
4 ""Motor vehicle" means every vehicle which is self -
5 propelled and every vehicle which is propelled by electric power
6 but which is not operated upon rails[, but excludes a fft&ped].
7 "Vehicle" means every device in, upon, or by which any
8 person or property is or may be transported or drawn upon a
9 highway, but excludes devices moved by human power or devices
10 used exclusively upon stationary rails or tracks [and Faeped&1.11
11 SECTION 2. Section 286-26, Hawaii Revised Statutes, is
12 amended.by amending subsection (b) to read as follows:
13 "(b) All other vehicles, including mopeds, motorcycles,
14 trailers, semitrailers, and pole trailers having a gross vehicle
15 weight rating of 10,000 pounds or less, and antique motor
16 vehicles as defined in section 249-1, except those in
17 subsections (c) and (d), shall be certified as provided in
Page 2
.B. NO.
1 subsection (e) every twelve months; provided that any vehicle to
2 which this subsection applies shall not require inspection
3 within two years of the date on which the vehicle was first
4 sold."
5 SECTION 3. Section 291C-202, Hawaii Revised Statutes, is
6 amended by amending subsection (c) to read as follows:
7 " (c) (The-direeter e€-afispertatlefi by rules and
S r
shall establish er-iter-i--
9
10 meped. j Every moped shall be inspected in accordance with
11 section 286-26. Safety inspection criteria shall include the
12 criteria established by the director of transportation under
13 subsection (b)."
14- -- SECTION 4. -Statutory-material to be repealed is bracketed
15 and stricken. New statutory material is underscored.
16 SECTION 5. This Act shall take effect upon its approval.
17
is INTRODUCED BY:
JUSTIFICATION SHEET
PROPOSER: Hawaii State Association of Counties
TITLE: A Bill for an Act Relating to Mopeds
PURPOSE: This proposed Bill for an Act requires mopeds to be subject to the
State's safety check program.
MEANS: Amends various sections of the Hawai'i Revised Statutes (HRS) to
include mopeds in the State's safety check program, and makes
conforming amendments as needed.
JUSTIFICATION: Mopeds are driven by residents and visitors alike on Hawaii roadways
and streets, interacting with other motor vehicles, bicyclists and
pedestrians. In order to increase the safety of moped drivers and others
traveling on local streets and roadways, it is imperative that mopeds be
required to meet the safety and other criteria that other motor vehicles
are already subject to. Requiring mopeds to be subject to the State's
safety check program is an important step in increasing safety on
Hawaii's roadways by decreasing incidents resulting from equipment
failure or deficiencies.
THE SENATE
TWENTY-EIGHTH LEGISLATURE, 2016 S.B. N
STATE OF HAWAII
A BILL FOR AN ACT.
RELATING TO COUNTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 46-50, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "§46-50 Short term investment of county moneys. (a) The
4 director of finance of each county may, with the approval of the
5 legislative body, invest county moneys that are in excess of the
6 amounts necessary for the meeting of immediate requirements when
7 in the judgment of the legislative body the action will not
8 impede or hamper the necessary financial operations of the
9 county in:
10 (1) Bonds or interest-bearing notes or obligations:
11 (A) Of the county;
12 (B) Of the State;
13 (C) Of the United States; or
14 (D) Of agencies of the United States for which the
15 full faith and credit of the United States are
i6 pledged for the payment of principal and
17 interest;
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S.B. NO.
1
(2)
Federal [f] Farm Credit System notes and
2
bonds;
3
(3)
[feint steek farm lsan bendsv; ] Federal Agricultural
4
Mortgage Corporation notes and bonds;
5
(4)
Federal Home Loan Bank notes and bonds;
6
(5)
Federal Home Loan Mortgage Corporation bonds;
7
(6)
Federal National Mortgage Association notes and bonds;
8
(7)
Securities of a mutual fund whose portfolio is limited
9
to bonds or securities issued or guaranteed by the
10
United States or an agency thereof;
11
(8)
Tennessee Valley Authority notes and bonds;
12
[+84-]
(9) Repurchase agreements fully collateralized by any
13
such bonds or securities;
14
[4-9+]
(10) [] Federally insured savings accounts;
15
[]
(11) Time certificates of deposit;
16
(12) Certificates of deposit open account;
17
H12)]
(13) Bonds of any improvement district of any county
18
of the State;
19
(43)]
(14) Bank, savings and loan association, and
20
financial services loan company repurchase agreements;
21
[(!4)]
(15) Student loan resource securities including:
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6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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S.B. NO.
(A) Student loan auction rate securities;
(B) Student loan asset-backed notes;
(C) Student loan program revenue notes and bonds; and
(D) Securities issued pursuant to Rule 144A of the
Securities Act of 1933, including any private
placement issues;
issued with either bond insurance or
overcollateralization guaranteed by the United States
Department of Education; provided all insurers
maintain a triple-A rating by Standard & Poor's,
Moody's, Duff & Phelps, Fitch, or any other major
national securities rating agency;
(16) Commercial paper with an A1/P1 or equivalent
rating by any national securities rating service;
[a-nd]
[(1 6)] (17) Bankers' acceptances with an Al/P1 or equivalent
rating by any national securities rating service; and
(18) Securities of a money market mutual fund that is rated
AAA, or its equivalent, by a nationally recognized
rating agency or whose portfolio consists of
securities that are rated as first tier securities by
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S.B. NO.
1 a nationally recognized statistical rating
2 organization as provided in title 17 Code of Federal
3 Regulations section 270.2a-7;
4 provided the investments are due to mature not more than five
5 years from the date of investment. The income derived therefrom
6 shall be deposited in the fund or funds that the legislative
7 body shall direct; provided that if any money invested under
8 this section belongs to any waterworks fund, then any income
9 derived therefrom shall be paid into and credited to the fund.
10 (b) Except with respect to an early withdrawal penalty on
11 an investment permitted by this section, the amount of such
12 penalty being mutually agreed at the time of acquisition of such
13 investment, no investment permitted by this section shall
14 ^require or may in the future require payments by the county,
15 whether unilateral, reciprocal, or otherwise, including margin
16 payments, or shall bear interest at a variable rate which causes
17 or may cause the market price of such investment to fluctuate;
18 provided that such limitation shall not apply to money market
19 mutual funds which:
20 (1) Invest solely in:
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S.B. NO.
1 (A) Direct and general obligations of the United
2 States of America; or
3 (B) Obligations of any agency or instrumentality of
4 the United States of America the payment of the
5 principal and interest on which are
6 unconditionally guaranteed by the full faith and
7 credit of the United States of America;
S. (2) Are rated at the time of purchase "AAAm-G" or its
9 equivalent by Standard & Poor's Ratings Group; and
10 (3) Are open-end management investment companies regulated
11 under the Investment Company Act of 1940, as amended,
12 which calculate their current price per share pursuant
13 to Rule 2a-7 (title 17 Code of Federal Regulations
14 - section 270.2a-7) promulgated under such act.
15 (c) Furthermore, a county shall not acquire any investment
16 or enter into any agreement in connection with the acquisition
17 of any investment or related to any existing investment held by
1S the county, which would require or may in the future require any
19 payment by the county, whether unilateral, reciprocal, or
20
otherwise, such as
swap agreements,
hedge
agreements,
or other
21
similar agreements.
For purposes of
this
section, a
swap or
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S.B. NO.
1 hedge payment is any payment made by the county in consideration
2 or in exchange for a reciprocal payment by any person, such as a
3 variable rate payment in exchange for a fixed rate payment, a
4 fixed rate payment in exchange for a variable rate payment, a
5 payment when a cap or a floor amount is exceeded, or other
6 similar payment."
7 SECTION 2. Statutory material to be repealed is bracketed
8 and stricken. New statutory material is underscored.
9 SECTION 3. This Act shall take effect upon its approval..
10 '
INTRODUCED BY:
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S.B. NO.
Report Title:
County Administration; County Moneys; Short Term Investment
Description:
Allows the counties to make short term investments with similar
authority as the state director of finance.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
2016-0078 SB SMA.doc
.B. NO.
A BILL FOR AN ACT
RELATING TO PUBLIC AGENCY MEETINGS AND RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 92-2.5, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "592-2.5 Permitted interactions of members. (a) Two
4 members of a board may discuss between themselves matters
5 relating to official board business to enable them to perform
6 their duties faithfully, as long as no commitment to vote is
7 made or sought and the two members do not constitute a quorum of
8 their board.
9 (b) Two or more members of a board, but less than the
10 number of members which would constitute a quorum for the board,
11 may be assigned to:
12 (1) Investigate a matter relating to the official business
13 of their board; provided that:
14 (A) The scope of the investigation and the scope of
15 each member's authority are defined at a meeting of the board;
16 (B) All resulting findings and recommendations are
17 presented to the board at a meeting of the board; and
18 (C) Deliberation and decisionmaking on the matter
19 investigated, if any, occurs only at a duly noticed meeting of
20 the board held subsequent to the meeting at which the findings
21 and recommendations of the investigation were presented to the
22 board; or
23
(2)
Present, discuss,
or negotiate any position which the
24
board has
adopted at a meeting
of the board; provided that the
25
assignment
is made and the
scope of each member's authority is
26
defined at
a meeting of the
board prior to the presentation,
27
discussion,
or negotiation.
7 G 1'7'7L A --
Page 2
B. NO.
1 (c) Discussions between two or more members of a board,
2 but less than the number of members which would constitute a
3 quorum for the board, concerning the selection of the board's
4 officers may be conducted in private without limitation or
5 subsequent reporting.
6 (d) Board members present at a meeting that must be
7 canceled for lack of quorum or terminated pursuant to section
8 92-3.5(c) may nonetheless receive testimony and presentations on
9 items on the agenda and question the testifiers or presenters;
10 provided that:
11 (1) Deliberation or decisionmaking on any item, for which
12 testimony or presentations are received, occurs only at a duly
13 noticed meeting of the board held subsequent to the meeting at
14 which the testimony and presentations were received;
15 (2) The members present shall create a record of the oral
16 testimony or presentations in the same manner as would be
17 required by section 92-9 for testimony or presentations heard
18 during a meeting of the board; and
19 (3) 'Before its deliberation or decisionmaking at a
20 subsequent meeting, the board shall:
21 (A) Provide copies of the testimony and presentations
22 received at the canceled meeting to all members of the board;
-23 and - -
24 (B) Receive a report by the members who were present
25 at the canceled or terminated meeting about the testimony and
26 presentations received.
27 (e) Two or more members of a board, but less than the
28 number of members which would constitute a quorum for the board,
29 may attend an informational meeting or presentation on matters
30 relating to official board business, including a meeting of
31 another entity, legislative hearing, convention, seminar, or
32 community meeting; provided that the meeting or presentation is
33 not specifically and exclusively organized for or directed
34 toward members of the board. The board members in attendance
35 may participate in discussions, including discussions among
36 themselves; provided that the discussions occur during and as
37 part of the informational meeting or presentation; and provided
15-177b.doc
Page 3
.B. NO.
1 further that no commitment relating to a vote on the matter is
2 made or sought.
3 At the next duly noticed meeting of the board, the board
4 members shall report their attendance and the matters presented
5 and discussed that related to official board business at the
6 informational meeting or presentation.
7 (f) Discussions between the governor and one or more
8 members of a board may be conducted in private without
9 limitation or subsequent reporting; provided that the discussion
10 does not relate to a matter over which a board is exercising its
11 adjudicatory function.
12 (g) Discussions between two or more members of a board and
13 the head of a department to which the board is administratively
14 assigned may be conducted in private without limitation;
15 provided that the discussion is limited to matters specified in
16 section 26-35.
17 (h) Communications, interactions, discussions,
18 investigations, and presentations described in this section are
19 not meetings for purposes of this part.
20 (i) Two or more members of a county council may jointly
21 attend and speak at a community, educational, or informational
22 meeting or presentation, such as a meeting of another entity,
-23 legi-alative hearing, -convention, seminar, conference, or
24 community meeting, if the meeting or presentation is open to the
25 public.
26 SECTION 2. Statutory material to be deleted is bracketed
27
and in strikethrough.
New statutory
material is
underscored.
28
SECTION 3. This
Act shall take
effect upon
its approval.
29
30 INTRODUCED BY:
31 paf:mkz:15-177b
15-177hAnr.
.B. NO.
PROPOSER:Hawai`i State Association of Counties
TITLE: A Bill For An Act Relating To Public Agency Meetings And Records
PURPOSE: The purpose of the proposed bill is to permit members of a county
council to jointly attend and speak at a community, educational or
informational meeting or presentation, provided the meeting or
presentation is open to the public.
MEANS: Amends Section 92-2.5, Hawaii Revised Statutes.
JUSTIFICATION: Council members are impeded from attending community and
educational meetings when it is possible that such attendance
will result in alleged Sunshine Law violations or create other
burdens. Community and educational meetings provide
critically important information on matters that may be
addressed by policy makers. If enacted, this bill will permit
councilmembers to better serve their constituents in a well-
informed, transparent and responsive manner without fear of
violating the Sunshine Law.
.B. NO.
A BILL FOR AN ACT
RELATING TO IDENTIFICATION CARDS FOR PERSONS WITH DISABILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. This legislature finds that persons with
2 disabilities have the desire to indicate on their identification
3 cards, such as the State of Hawaii identification card, driver's
4 license, or an identification card for persons with
5 disabilities, their disability. An identification card clearly
6 indicating a person's disability would allow the person access
7 to certain eligible public services such as special
8 transportation and seating for persons with disabilities at
9 public events. This would also allow. the person with_ disability
10 to communicate any special needs to police and other public
11 safety personnel in the event of an emergency.
12 Those who choose to include the international handicap
13 symbol and information about their disability on their driver's
14 license, State identification card, and identification card for
15 persons with disabilities may do so under this Act.
Page 2
.B. NO.
1 SECTION 2. Section 286-2, Hawaii Revised Statutes, is
2 amended by adding new definitions to be appropriately inserted
3 and to read as follows:
4 "Disability" means any physical, mental, or neurological
5 impairment that severely restricts a person's mobility, manual
6 dexterity, or ability to climb stairs; substantial loss of sight
7 or hearing; loss of one or more limbs or use thereof; or
8 significantly diminished reasoning capacity.
9 "Person with disabilities" means any person with a
10 permanent or temporary disability.
11 SECTION 3. Chapter 286, Hawaii Revised Statutes, is amended
12 by adding a new section to part VI to be appropriately
13 designated and to read as follows:
14 "1286- Driver's license for- persons with disabilities.
15 Persons with disabilities may opt to identify their
16 disability on their driver's license upon receipt of the
17 required documentation as stated in this section, from the
18 person requesting its inclusion. The driver's license shall
19 display the international handicap symbol on a location
20 designated by the department."
21 SECTION 4. Section 286-305, Hawaii Revised Statutes, is
22 amended to read as follows:
Page 3
.B. NO.
1 "§286-305 Contents and characteristics; form. (a) Each
2 identification card issued by the examiner of drivers shall
3 display a distinguishing number assigned to the cardholder, and
4 shall display the following inscription:
5 "STATE OF HAWAII IDENTIFICATION CARD"
6 (b) The examiner of drivers, after obtaining the
7 fingerprint of the applicant as provided in this part and after
S obtaining the information required by or pursuant to this part,
9 shall issue to each applicant an identification card in a form
l0 and with identifying information that the director deems
11 necessary and appropriate, including a notation of veteran
12 status, if desired by the applicant, on the front of the card
13 where applicable; provided that such notation shall not include
u any designation other. than the term "veteran". As used in this
15 subsection, "veteran" means any person who served in any of the
16 uniformed services of the United States and was discharged under
17 conditions other than dishonorable.
1s (c) The identification card shall not display the
19 cardholder's social security number.
20 (d) The identification card shall be designed to prevent
21 its reproduction or alteration without ready detection.
Page 4
.B. NO.
1 (e) The identification card for individuals under twenty -
2 one years of age shall have characteristics prescribed by the
3 examiner distinguishing it from that issued to [a) an individual
4 who is twenty-one years of age or older.
5 (f) Persons with disabilities may opt to identify their
6 disability on their identification card upon receipt of the
7 required documentation from the person requesting its inclusion.
8 The identification card shall display the international handicap
9 symbol on a location designated by the department."
10 SECTION 5. Chapter 286, Hawaii Revised Statutes, is amended
11 by adding a new section to part XVI to be appropriately
12 designated and to read as follows:
13 "§286- Identification card for persons with
14 disabilities, (_a)_ The department shall issue identification
15 cards to persons with disabilities pursuant to section 286-305.
16 (b) The identification card for persons with disabilities
17 shall include characteristics and content pursuant to section
18 286-305 and display the international handicap symbol on a
19 location designated by the department. Cn zhe reverse side of
20 the identification card shall be a space within which the
21 department shall enter such disability information the applicant
22 may request.
Page S ■ B ■ NO.
1 (c) The
2 symbol on the
department may
front and may
display the international handicap
print the disability information on
3 the reverse on
any driver's
license or identification card
4 issued pursuant to the provisions of this chanter upon receipt
5 of the required documentation from the person requesting its
6 inclusion.
7 (d) An identification card for persons with disabilities
8 shall be issued to a person with a temporary disability upon
9 presentation of a sworn affidavit of at least one medical doctor
to
attesting to
such disability and
estimating
the duration of the
11
disability.
Such identification
cards shall
be issued for
12 periods of six months, and a current affidavit of a medical
13 doctor attestinq to the continuance of such disabilitv shall be
_14
_presented at
each request
thereafter."
15
SECTION
6. New
statutory material is underscored.
16
SECTION
7. This
Act shall take effect on July 1, 2016.
INTRODUCED BY:
paf:mkz:15-190a
.B. NO.
PROPOSER:Hawai`i State Association of Counties
TITLE: A Bill For An Act Relating To Identification Cards For Persons With
Disabilities
PURPOSE: The purpose of the proposed bill is to allow persons with disabilities
the option to indicate on their identification cards, such as the State of
Hawaii identification card, driver's license or an identification card for
persons with disabilities, their disability.
MEANS: Amends Chapter 286, Hawaii Revised Statutes.
JUSTIFICATION: An identification card clearly indicating a person's disability
would allow the person access to certain eligible public services
such as special transportation and seating for persons with
disabilities at public events. This would also allow the person
with disability to communicate any special needs to police and
other public safety personnel in the event of an emergency.
L
Hawaii State Association of Counties (HSAC)
Counties of Kauai, Maui, Hawaii & City & County of Honolulu
A RESOLUTION REQUESTING THE HAWAPI STATE LEGISLATURE
URGE HAWAPI'S CONGRESSIONAL DELEGATION TO
PROPOSE AND PASS AN AMENDMENT CLARIFYING THAT
CORPORATIONS ARE NOT PEOPLE WITH CONSTITUTIONAL RIGHTS,
AND THAT UNLIMITED CAMPAIGN SPENDING IS NOT FREE SPEECH
WHEREAS, the United States Constitution was written and approved with
the intention of protecting the rights of individual human beings ("natural
persons"); and
WHEREAS, corporations are not mentioned in the Constitution, and the
people of the United States ("The People") have never granted constitutional rights
to corporations, nor decreed that corporations have authority that exceeds the
authority of The People; and
WHEREAS, the United States Supreme Court, in Austin v. Michigan
Chamber of Commerce (1990), recognized as a threat to a republican form of
government "the corrosive and distorting effects of immense aggregations of wealth
that are accumulated with the help of the corporate form and that have little or no
correlation to the public's support for the corporation's political ideas"; and
WHEREAS, the United States Supreme Court in Citizens United v. Federal
Election Commission (2010) ("Citizens United") reversed the decision in Austin by
rolling back legal limits on corporate spending in the electoral process and allowing
unlimited corporate spending to sway votes and influence elections, candidate
selection, and policy decisions; and
WHEREAS, the majority decision in Citizens United was recognized as a
serious threat to self-government by the four dissenting justices. Corporations have
special advantages not enjoyed by natural persons, such as limited liability,
perpetual life, and favorable treatment of the accumulation and distribution of
assets. These advantages allow them to amass and spend prodigious sums on
campaign messages that often have far greater reach and influence than messages
from individuals; and
WHEREAS, federal courts in Buckley v. Valeo (1976) and in SpeechNow.org
v. FED (2010) overturned limits on independent expenditures because the
"corruption or perception of corruption" rationale was only applicable to direct
contributions to candidates; and
4396 Rice Street, Suite 209, Ghu`e, Kauai, Hawaii 96766, (808) 241-4188
Hawaii State Association of Counties (HSAC)
Counties of Kauai, Maui, Hawaii & City & County of Honolulu
WHEREAS, United States Supreme Court, in Justice Stevens, observed in
Nixon v. Shrink Missouri Government PAC (2000) that "money is property, it is not
speech"; and
WHEREAS, Article V of the United States Constitution allows The People of
the various states to amend the U.S. Constitution to correct those egregiously wrong
decisions of the United States Supreme Court that challenge our democratic
principles and the republican form of self-government; and
WHEREAS, there is widespread opposition to the Citizens United ruling that
money is speech and that independent corporate campaign spending cannot be
limited; now, therefore,
BE IT RESOLVED by the Hawaii State Association of Counties that it
hereby requests that the Legislature of the State of Hawaii urge Hawai`i's
congressional delegation to propose and pass an amendment clarifying that
corporations are not people with constitutional rights, and that unlimited campaign
spending is not free speech.
BE IT FINALLY RESOLVED, that copies of this Resolution be transmitted to
each member of the Hawaii State Legislature, the Governor of the State of Hawaii,
and the Mayors and Chairpersons of the Councils of the Counties of Hawaii, Kauai,
and Maui, and the City and County of Honolulu.
Date:
Introduced by:
Mel Rapozo, President
Dennis "Fresh" Onishi, Vice President
J. Ikaika Anderson, Secretary
Michael P. Victorino, Treasurer
4396 Rice Street, Suite 209, Uhu`e, Kauai, Hawaii 96766, (808) 241-4188