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HomeMy WebLinkAboutCOM 0586.002 2014-2016To: Honorable Dru Memo Kanuha, Chair and Members of the Hawaii County Council From: Stewart Maeda, County Clerk Office of the County Clerk Regarding: Comm. 586, Distribution of Adopted Resolutions Attached are copies of Resolutions 160-13 and 267-15 and related correspondences. Resolutions 160-15 and 267-15 were discussed at the January 5, 2016 Governmental Relations and Economic Development Committee (GREDC) meeting. At the January 5, 2016 GREDC meeting, it was represented that Resolution 267-15 was not sent to the I lawai`i State Association of Counties (HSAC) as directed in the Resolution. Our records indicate that Resolution 267-15 was sent via email to both the INAC President and Secretary. Please see attached. It was also discussed at the January 5, 2016 GREDC meeting that a resolution from the previous term was likewise not sent to HSAC as part of the HSAC legislative package. This was Resolution 160-13 submitted by then Chair, J. Yoshimoto. This issue was researched and it was found that Resolution 160-15 directed the County Clerk to send the Resolution to the State Legislature and Governor and was appropriately sent to the State Legislature and Governor. it was not sent to HSAC Please see attached. Se.ringrhe br.... r, althv Penp[e of 0... /dw,d Huuad'i l'a'ms is an Equal OpportuniM1 Provider ond7imp quer Comm. No. 5F19. 2— Ref. To:AC- Ref. Date ..r .. r STEWART MAEDA �'''.:-' JON HENffiCKS Cuunty Clerk Deputy Counly Clerk County of Hawai `i Office of the County Clerk 25 Aupuni Street, Suite 1402 • Hilo. Harrai'i 9672n (808)961-8255 • Fus (808)961-8912 1,2 MEMORANDUM _- N Date: February 12, 2016 0 - v To: Honorable Dru Memo Kanuha, Chair and Members of the Hawaii County Council From: Stewart Maeda, County Clerk Office of the County Clerk Regarding: Comm. 586, Distribution of Adopted Resolutions Attached are copies of Resolutions 160-13 and 267-15 and related correspondences. Resolutions 160-15 and 267-15 were discussed at the January 5, 2016 Governmental Relations and Economic Development Committee (GREDC) meeting. At the January 5, 2016 GREDC meeting, it was represented that Resolution 267-15 was not sent to the I lawai`i State Association of Counties (HSAC) as directed in the Resolution. Our records indicate that Resolution 267-15 was sent via email to both the INAC President and Secretary. Please see attached. It was also discussed at the January 5, 2016 GREDC meeting that a resolution from the previous term was likewise not sent to HSAC as part of the HSAC legislative package. This was Resolution 160-13 submitted by then Chair, J. Yoshimoto. This issue was researched and it was found that Resolution 160-15 directed the County Clerk to send the Resolution to the State Legislature and Governor and was appropriately sent to the State Legislature and Governor. it was not sent to HSAC Please see attached. Se.ringrhe br.... r, althv Penp[e of 0... /dw,d Huuad'i l'a'ms is an Equal OpportuniM1 Provider ond7imp quer Comm. No. 5F19. 2— Ref. To:AC- Ref. Date STEIVARTMAEDA .. '- MAILEDAVID County Clerk I,( Deputy County Clerk County of Hawai `i Office of the County Clerk 25 Aagunl Street, Su!te 1409 • Hilo, Hm<arj 96720 (808)961-8'_95 • Fes (808)961-8912 August 29, 2013 Sent via E -Mail The Honorable Donna Mercado Kim, Senator and President of the Senate and Members of the Senate Hawaii State Capitol, Room 409 Honolulu, Hawaii 96813 Dear Senator Mercado Kim and Members of the Senate Please find, attached, a copy of Resolution 160-13, which was adopted by the Council of the County of Hawaii on August 21, 2013, Sincerely, [,wart Maeda County Clerk County of 111w at i SM/dt Attachment Serving the Interum o) the People of (hv Island If,, , i CnunOi is a,, Equal Oppornmlry Provider and Employer STEWARTMAEDA MAILE DAVID Coway Clerk (9D Deputy County Clerk County of Hawai `i Office of the County Clerk 25 Aupun i SlreeL SL Io 1402 • Hilo, I lawai1 96720 (808)961-8255 • Fu (808)961-8912 August 29, 2013 Sent via E -Mail The Honorable Ronald D. Kouchi, Senator and Vice President of the Senate Hawai'i State Capitol, Room 206 Honolulu. Hawaii 96813 Dear Senator Koichi: Please find, attached, a copy of Resolution 160-13, which was adopted by the Council of the County of Hawat'i on August 21. 2013. Sincerel), "art Maeda County Clerk County of Hawai'i SM/dt Attachment S....... the Inmrnts'f(h' 1"oP/' ofOur /stand Ilnwa; 1 (""II" is mi E(nnd Oppmvmgv Vrovidzr and 8mplay ' STEWART MAEDIM Igoe, , ILECou ComDAVID nt Couy Clerk Deputy ahClerk County ofHawai`i Office of the County Clerk 25 Aupum SaIM SOIiC 1402 •Hilo, Hewei'i 96720 1808)961-8255 • 11, (808)961-8912 August 29, 2013 Sent vin E -Mail The Honorable Joseph M. Souki, Representative and Speaker of the House and Members of the House Hawaii State Capitol, Room 431 Honolulu, Hawai'i 96813 Dear Mr. Souki and Members of the House: Please find, attached, a copy of Resolution 160-13, which was adopted by the Council of the County of Hawaii on August 21, 2013. Sincerely, g_LA—C_ ewart Maeda County Clerk County of I lawai'i SM/dt Attachment Ser ing dve lmrruI, 'f the Peoole'j 0u' brand II6 nVOi l Counry iv nrz hgml Opp"l,'u ,Provider' and F:vy�lover STEWART AM EDA MA/LE DAV/D CounyClerk / �I Deputy County Clerk County ofHawai`i Office of the County Clerk 25 Aupunl S,reet, S011C 1402 • W., Hawaii 96720 (808)961-82�5 • Pa (808)961-8912 August 29, 2013 Sent via E -Mail The Honorable Calvin K. Y, Say, Representative and Speaker Emeritus of the House Hawaii State Capitol, Room 433 Honolulu, Hawaii 96813 Dear Mr, Say: Please find, attached, a copy of Resolution 160-13, which was adopted by the Council of the County of Hawaii on August 21, 2013. Sincerely, i Stewart Maeda County Clerk County of Hawaii SM/dt Attachment Serving J" Inrere,.s .f'h' P'oPle'f our Island Ho,,,,, i, an Eyva10,,o.eunity Provider and EoiPloyer W STEWART M9ED.4 ��-, \ MAILS DAV[D County Clerk Deputy County Clerk County of lawai `i Office of the County Clerk 29 Aupuol Svm. Suit, 1402 - Hilo, Hnwai'1 96920 (808)961-825 • Fax (808)961-8912 August 29, 2013 Sen! via E -Mail The Honorable John M. Mizuno, Representative and Vice Speaker of the House Hawaii State Capitol, Room 431 Honolulu, Hawai'i 96813 Dear Mr. Mizuno: Please find, attached, a copy of Resolution 160-13, which was adopted by the Council of the County of Hawai' i on August 21, 2013. Sincerely, ' wart Macda County Clerk County of Hawaii S: /dt Attachment Servinp (he 1W,,,vs oflhe People fOur I,1n,d e(eW[II'rCo on Ego,! Oppo,,,r, r, Pro,ei, anAEmployer oe y STEWARTMAEDA MAIIE DAVID b County Clerk � Ozpury County Clerk County of Hawai `i Office of the County Clerk 25 Aupuul Street, State 1402 • Hilo. Hzwei-i 96720 (808)961-8255 • fax (808)961-8912 August 29, 2013 Sent via E -Mai[ The Honorable David Y. Ige, Senator and Chair, Senate Committee on Ways and Means Hawaii State Capitol, Room 208 HonOluln, Hawaii 96813 Dear Senator Ige: Please find, attached, a copy of Resolution 160-13, which was adopted by the Council of the County of Hawaii on August 21, 2013. Sincerely, Y�,,,teda County Clerk County of Hawaii SM"dt Attachment Servirzy the /nieresrs afrhe People ofOr, lslnnd Hawai , C....nry, nn Equal Opportunity Provider and b plo_.er oe h, STEWART MAEDA ' MAILE DAVID County Clerk : Deputy Coun[ Clerk County of Hawai `i Office of the County Clerk 25 A,unl Street. Suite 1402 • Hilo. Hawaii 96720 (808)961-8255 • Fax (808)961-8912 August 29, 2013 Sen( via E -Mail The Honorable Sylvia Luke, Representative and Chair, House Committee on Finance Hawaii State Capitol, Room 306 Honolulu, Hawaii 96813 Dear Chair Luke: Please find, attached, a copy of Resolution 160-13, which was adopted by the Council of the County of Hawaii on August 21, 2013. Sincerely, 2wart Maeda County Clerk County of Hawaii SM,Idt Attachment Serving the IrctererI,'(1h, People o' 0" bland Hmvoi'i Cwrnrr is ,, Epu d Oppormni, Provider s,d 6,,pl,, STEWART MAEDA yl;;t, MAILS DAVID Coanry Clerk ;) Deputy County Clerk ;t County of Hawai `i Office of the County Clerk 25 Aupunl Street, Sulie 1402 • I Ills, Ilawai i 96720 (908)961-8255 • Fex (808)961-8912 August 29, 2013 Sen( via E-mail the Honorable Neil Abercrombie, Governor Executive Chambers Hawai'i State Capitol 415 South Reretania Street I lonolulu, Hawaii 96813 Dear Governor Abercrombie: Please find, attached, a copy of Resolution 160-13, which was adopted by the Council of the County of Hawaii on August 21, 2013. /Sincerely, Y S tcwarl 87acde County Clerk County of Hawaii SM/Cit Attachment Serving ,he hoe, es.s .Jdie People N 0 , Island lls,ai , Cnunry is an Equnl Opporum,ry Provider mid Eniplwer COUNTY OF HAWAII or waw RESOLUTION NO. STATE OF HAWAII 1G0 13 A RESOLUTION URGING THE STATE LEGISLATURE AND THE GOVERNOR TO RESTORE THE COUNTIES' SHARE OF 44.8 PERCENT OF THE TRANSIENT ACCOMMODATIONS TAX REVENUES. WHEREAS, pursuant to Hawai'i Revised Statutes, Chapter 237D, the Transient Accommodations Tax (TAT) is imposed in the State of Hawaii on certain rental activity, such as a hotel room, apartment, condominium, house, beach house, or similar living accommodation that is rented for less than 180 consecutive days; and WHEREAS, the TAT helps to cover the costs of services associated with tourism and the impact it has on the islands; and WHEREAS, according to the Department of Business, Economic Development and Tourism, the average visitor count for the past two years has been approximately 7.6 million per year, while the projected visitor counts for this year and the next two years averages 8.5 million per year; and WHEREAS, on any given day, thousands of visitors are on Hawaii Island utilizing services that the County provides, such as police, fire, lifeguards, parks, water, mass transit, solid waste disposal, and many other services that our visitors enjoy and depend on; and WHEREAS, these essential services are provided as part of our agreement with the State; and WHEREAS, the County and its taxpayers share in the costs associated with tourism and, in return, we receive some reimbursement via the TAT; and WHEREAS, prior to July 1, 2013, Hawaii Revised Statutes, Section 237D-6.5, subsection (b), paragraph (3), stated that 44.8 percent of the revenues collected from the TAT shall be transferred to the four counties, and of that 44.8 percent, Hawaii County shall receive 18.6 percent (this section was also amended to establish a temporary cap of $93,000,000 for the period of July 1, 2011 to June 30, 2015); and WHEREAS, on June 21, 2013, the Governor signed into law Act 161, which removed the temporary cap and its sunset date and replaced the counties' share of TAT revenues of 44.8 percent to a fixed amount of $93,000,000, of which 18.6 percent goes to Hawaii County; and WHEREAS, according to the Tax Research and Planning Office of the State of Hawai'i, the TAT revenue collected for fiscal year 2012-2013 was $368,556,000 and the estimated revenues for fiscal years 2013-2014 and 2014-2015 are $391,000,000 and $412,000,000, respectively; and WHEREAS, using the figures from the Tax Research and Planning Office of the State of Hawaii, the following chart illustrates the counties' lost revenues based on 44.8 percent of the TAT revenues: Fiscal Year TAT Revenues 44.8 Percent of Counties' Lost TAT Revenues Revenues (based on the $93,000,000 cap) 2012-2013 $368,556,000 $165,113,088 $72,113,088 2013-2014 $391,000,000(estimate) $175,168,000 $82,168,000 2014-2015 $412,000,000 (estimate) $184,576,000 $91,576,000 and WHEREAS, with Hawaii County facing increased costs to provide vital services, limiting our TAT revenues may necessitate curtailing and possibly eliminating services that impact the health, safety, and welfare of our community; and WHEREAS, although the State is struggling to balance its budget, the counties are going through the same difficulties and are only seeking to retain their fair share of the TAT revenues; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it urges the State Legislature and the Governor to work with the counties to ensure that we receive our fair share of the TAT revenues by restoring the 44.8 percent Transient Accommodations Tax revenues to the counties. BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Honorable Governor Veil Abercrombie, the Honorable Senate President Donna Mercado Kim, the Honorable Senate Vice President Ronald D. Kouchi, the Honorable House Speaker Joseph M Souki, the Honorable Speaker Emeritus Calvin K.Y. Say, the Honorable Vice Speaker John M. Mizuno, the Honorable Ways and Means Committee Chair David Y. Ige, the Honorable Finance Committee Chair Sylvia Luke, all State Senators and Representatives for the County of Hawaii, the Honorable Mayor William P. Kenoi, and the Director of Finance. Dated at Korld Hawaii, this 21st_ day of Amer , 2013. INTRODUCED BY: J COUN MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii EOFF ORD (LAGAN Hilo, Hawaii KANUILA X X KERN X I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Harai`i on August 21 2013 ATTEST: COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER AYES NOES ABS EX EOFF ORD (LAGAN —_ KANUILA X KERN X ONISHI POINDEXTER _ WILLE X YOSHIMOTO X 9 0 0 0 Reference', _ C-380/Waive'] GREDC RESOLUTION NO. 16U 13 Sent: Wednesday, February 03, 2016 4:24 PM Subject: FW: Adopted Res. 267-15 Attachments: HSAC President.pdf Hi Donna, Per your request. Aloha, Dee Sent: Friday, September 11, 2015 11:09 AM To: 'mfrapozo@kauai.gov' Subject: Adopted Res. 267-15 Aloha, Please Find attached a memorandum from County Clerk Stewart Maeda transmitting Resolution 267-15, adopted on September 2, 2015. Have a nice day! Mahalo, Council Services Office of the County Clerk (il) STEWARTMAEDA JON IIENRICKS County Clerk Deputy County Clerk County ofHawai`i Office of the County Clerk 25 Aupuni Sneer, Suite 1402 r Mile, Ilawai`t 96720 (808)961-8255 • Fax (808)961-8912 September 11, 2015 Sent via E -Mail Mel Rapozo, Presidcnt Hawaii State Association of Counties c/o Kauai County Council 4396 Rice Street, Suite 209 Lehu`e, Hawaii 96766 Dear Mr. Rapozo: Please find, attached, a copy of Resolution 267-15, which was adopted by the Council of the County of Hawaii on September 2, 2015. Sto erely, Ctewert Maeda County Clerk County of Hawaii SM/dt Attachment Seroinq the /nu,,,I fthe People ofOur Island Ilawai'i County is an Equal Opportunity Provider and Employer. Sent: Wednesday, February 03, 2016 4:25 PM Subject: FW: Adopted Res. 267-15 Attachments: HSAC Secpdf Ditto Sent: Friday, September 11, 2015 11:12 AM To: 'iandemon@honolulu.gov' Subject: Adopted Res. 267-15 Aloha, Please find attached a memorandum from County Clerk Stcwart Maeda transmitting Resolution 267-15, adopted on September 2, 2015. Have a nice day! Mahalo, Council Services Office of the County Clerk STEWARTMAEDAi...,,e JON HENRJCKS County Clerk Deputy County Clerk County of Hawai `i Office of the County Clerk 25 Aupuni Street, Suite 1402 • Hilo, Hawai'i 96920 (808)961-8255 • Fax (808)961-8912 September 11, 2015 Sent via E -Mail J. Ikaika Anderson Honolulu City Council Vice Chair and Secretary to Hawaii State Association of Counties Honolulu Hale 530 S. King Street, Room 202 Honolulu, Hawaii 96813 Dear Mr. Anderson: Please find, attached, a copy of Resolution 267-15, which was adopted by the Council of the County of Hawaii on September 2, 2015. Srely, ewart Maeda County Clerk County of Hawaii SM/dt Attachment Serving the /nrererta afMe Natal, fOur Island 11anat'i Caanry is an Fqual Opportunity Provider and EmplaWr. COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 267 15 A RESOLUTION REQUESTING THE HAWAPI STATE ASSOCIATION OF COUNTIES TO INCLUDE IN ITS 2016 LEGISLATIVE PACKAGE A RESOLUTION URGING HAWAITS 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 Unites States ("The People") have never granted constitutional rights to corporations, nor decreed that corporations have authority that exceeds the authority of fhe 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 SueechNow.ora 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 WHEREAS, Unites 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 COUNCIL OF THE COUNTY OF HAWAII that it approves for inclusion in the 2015 Hawaii State Association of Counties' legislative package a request that the Legislature of the State of Hawaii urge HawaiTs 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 the County Clerk shall forward copies of this resolution to State Senate President Ronald D. Kouchi, Speaker of the State House of Representatives Joe Souki, the Honorable Mayor William P. Kenoi, and to the President and the Secretary of the Hawat'i State Association of Counties. Dated at Hilo , Hawai'i, this 2nd day of September _ , 2015 . INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawai'i I hereby certify that the foregoing RESOLUTION was by the cote indicated to the right hereof adopted by the COUNC IT of the Co,1y of H , . on September 2 22015 ATTEST. C � GLcu� C. UN I'Y CLERK CHAIRPERSO & PRESIDING OFFICER ROI Reference: C-446Aaaived GRI;DC RLSOLl1T]ON NO. _ 267 15 _ _. AYES NOES nns FX ('I UNG X DAVID EOFI _.. g 11 ALAN � x _ KANUI IA ONISHI PAITKA POINDLXIER g W ILLE 7 "' 2 __..0 0 Reference: C-446Aaaived GRI;DC RLSOLl1T]ON NO. _ 267 15 _ _.