Loading...
HomeMy WebLinkAboutRES 695 Draft 01 2014-2016COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 695 16 A RESOLUTION TO APPROVE LEGISLATIVE PROPOSALS FOR INCLUSION IN THE 2017 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 2017 HSAC Legislative Package; and WHEREAS, at its meeting on September 26, 2016, the HSAC Executive Committee approved for inclusion in the 2017 HSAC Legislative Package three proposals submitted by the County of Kauai, one proposal from the City and County of Honolulu, and four proposals submitted by the County of Maui; and WHEREAS, each proposal must be approved by all four councils to be included in the 2017 HSAC Legislative Package, which will be presented to the State Legislature when it convenes in January 2017; 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 Tort Liability (County of Kauai) 2. A Bill for an Act Relating to Unadjudicated Traffic Fines (County of Kauai) 3. A Bill for an Act Making an Appropriation for Emergency Medical Services (County of Kauai) 4. A Bill for an Act Relating to Unmanned Aerial Vehicles (City & County of Honolulu) 5. A Bill for an Act Relating to Community Meetings (County of Maui) 6. A Bill for an Act Relating to Identification Cards for Persons With Disabilities (County of Maui) 7. A Bill for an Act Relating to Transient Accommodations Tax (County of Maui) 8. A Bill for an Act Relating to the Conveyance Tax (County of Mau`i); 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 2017 Hawaii 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 Hawaii State Association of Counties. Dated at Hilo , Hawai`i, this 2nd day of November , 2016 . INTRODUCED BY: 4��" COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai i Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on November 2, 2016 A'I It ST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 2 ROLL CALL VOTE Reference: C-1127/Waived GRED_ C_ RESOLUTION NO. 6955' 16 AYES NOES ABS FX CHUNG X DAVID X F.OFF X ILAGAN X KANUHA ONISHI X PALEKA X POINDEXTER X WILLE X 8 0 1 0 Reference: C-1127/Waived GRED_ C_ RESOLUTION NO. 6955' 16 Hawaii State Association of Counties (HSAC) Counties of Kauai, Maui, Hawaii and City & County of Honolulu 200 S. High Street, Wailuku, Hawaii 96793 (808) 270-7665 www hicounties.corn The Honorable Dru Mamo Kanuha Council Chair Hawaii County Council 25 Aupuni Street Hilo, HI 96720 The Honorable Mel Rapozo Council Chair Kauai County Council 4396 Rice Street Lihue, HI 96766 Aloha, Council Chairs, September 29, 2016 The Honorable Ernie Martin Council Chair Honolulu City Council 500 South King Street Honolulu, HI 96813 The Honorable Mike White Council Chair Maui County Council 200 South High Street Wailuku, HI 96793 Attached for your consideration are proposed State bills to be considered for inclusion in the 2017 Hawaii State Association of Counties Legislative Package Pursuant to Section 13C of HSAC's bylaws, proposals must be approved by all four county councils in order to be included in the HSAC Legislative Package. The proposals include: 1. A BILL FOR AN ACT RELATING TO TORT LIABILITY To delete the sunset provision for the statute providing liability protection for county lifeguards. (Proposed by Kauai County.) 2. A BILL FOR AN ACT RELATING TO UNADJUDICATED TRAFFIC FINES To direct the traffic fines and forfeitures collected for uncontested traffic infractions to the county in which the citation was issued. (Proposed by Kauai County.) 3. A BILL FOR AN ACT MAKING AN APPROPRIATION FOR EMERGENCY MEDICAL SERVICES To appropriate funds to the Department of Health for Fiscal Year 2018 for State - certified, 24 -hour -a -day emergency medical services for the County of Kauai and County of Hawaii. (Proposed by Kauai County.) 4. A BILL FOR AN ACT RELATING TO UNMANNED AERIAL VEHICLES To regulate operators of unmanned aircraft systems, also called drones. (Proposed by City & County of Honolulu.) 5. A BILL FOR AN ACT RELATING TO COMMUNITY MEETINGS To enable councilmembers to freely attend community and educational meetings. (Proposed by Maui County.) EXHIBIT A l 6. A BILL FOR AN ACT RELATING TO IDENTIFICATION CARDS FOR PERSONS WITH DISABILITIES To allow persons with disabilities to indicate on their identification cards their disability. (Proposed by Maui County.) 7. A BILL FOR AN ACT RELATING TO TRANSIENT ACCOMMODATIONS TAX To implement the recommendations of the State -County Functions Working Group relating to the transient accommodations tax. (Proposed by Maui County.) 8. A BILL FOR AN ACT RELATING TO THE CONVEYANCE TAX To increase revenue for each county's affordable housing fund through a 1 percent tax on certain conveyances of real property. (Proposed by Maui County.) May I please request your council consider approving for inclusion in the 2017 HSAC Legislative Package any or all of the proposals initiated by another county. For any proposal initiated by your county, additional action is not required. Additional proposals may be submitted to the councils next month. Our goal is to have a package approved by November. Your attention to this matter is greatly appreciated. Should you have any questions, please call HSAC staff at (808) 270-7665. OCS:Proj:HSAC.•FY2016:161tr:HSAC package Attachments Sincerely, C� MICHAEL P. VICTORINO HSAC President EXHIBIT A THIRTIETH LEGISLATURE, 2017 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: I 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 2014, is amended by amending section 5 to read as follows: 5 "SECTION 5. This Act shall take effect upon its approval. [; previ&4 that 6 seetion1 of this A „+ sha Jl be repealed „ Tune 30 20171-2 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 INTRODUCED BY: C EXHIBIT A .B. NO. A BILL FOR AN ACT RELATING TO UNADJUDICATED TRAFFIC FINES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION I. Chapter 291C, Hawaii Revised Statutes, is 2 amended by adding a new part to be appropriately designated and 3 to read as follows: 4 "PART TRANSMITTAL OF TRAFFIC FINES 5 AND FORFEITURES TO COUNTIES 6 §291C -A Definitions. As used in this part, unless the 7 context clearly requires otherwise: g "Traffic infractions" means the same as defined under 9 section 291D-2. 10 "Uncontested traffic infraction" means a traffic infraction 11 for which the person noticed under section 291D-5 does not I2 contest the infraction. A person "does not contest" an 13 infraction if, in accordance with section 291D -6(b)(1), the 14 person admits the commission of the infraction without 15 requesting a hearing to explain mitigating circumstances and 16 pays or remits bail forfeiture by mail, via the Internet, or by 17 telephone within thirty days. EXHIBIT A Page 2 .B. NO. 1 §291C -B Transmittal of fines and forfeitures from July 1, 2 2017. (a) Beginning July 1, 2017, the director of finance 3 shall transmit to each county, not more than thirty days after 4 the end of each fiscal quarter, all the fines and forfeitures 5 collected for uncontested traffic infractions committed in that 6 county that are in excess of amounts required by the State to 7 pay the administrative costs of the traffic violations bureau. 8 The fines and forfeitures shall be directed to the county in 9 which the citations were issued. This section shall not 10 apply to: 11 (1) Fines and forfeitures for violations that occur on 12 state off-street parking facilities, parks, airports, 13 and harbors that are subject to enforcement by the 14 State; and 15 (2) Fines and forfeitures that are required by law to be 16 paid into a special, revolving, or trust fund. 17 No county shall be entitled to any portion of the fines and 18 forfeitures described in this subsection." 19 SECTION 2. Section 291C-171, Hawaii Revised Statutes, 20 is amended by amending subsection (a) to read as follows: 21 "(a) All fines and forfeitures collected upon conviction or 22 upon the forfeiture of bail of any person charged with a EXHIBIT A Page 3 B. NO. 1 violation of any section or provision of the state traffic laws 2 and all assessments collected relating to the commission of 3 traffic infractions shall be paid to the director of finance of 4 the State. The judiciary shall identify those fines paid for statutory material is 5 uncontested traffic infractions as defined in section 291C -A. 3. This 6 The disposition of fines and forfeitures paid to the director of 7 finance shall be subject to sections 291C -B." 8 SECTION 3_ In codifying the new sections added by 9 section 1 of this Act, the revisor of statutes shall substitute 10 appropriate section numbers for the letters used in designating it the new sections in this Act. 12 SECTION 2. New statutory material is underscored. 13 SECTION 3. This Act shall take effect on July 1, 2017. 14 15 16 INTRODUCED BY: EXHIBIT A .B. NO. A BILL FOR AN ACT MAKING AN APPROPRIATION FOR EMERGENCY MEDICAL SERVICES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The purpose of this Act is to appropriate funds 2 to the department of health for the purchase of two ambulance 3 vehicles and the operational costs for two ambulance units, 4 including equipment, supplies, and personnel costs for state - 5 certified emergency medical services personnel, for two twenty - 6 four-hour, seven -days -a -week, ambulance units for the counties 7 of Kauai and Hawaii. 8 SECTION 2. There is appropriated out of the general 9 revenues of the State of Hawaii the sum of $ or so much 10 thereof as may be necessary for fiscal year 2017 - 2018 for the 11 purchase of two ambulance vehicles and operational costs for two 12 ambulance units, including equipment, supplies, and personnel 13 costs for state -certified emergency medical services personnel, 14 for two twenty -four-hour, seven -days -a -week, ambulance units for 15 the counties of Kauai and Hawaii. 16 The sum appropriated shall be expended by the department of 17 health for the purposes of this Act. 18 HSAC bill appropriation EMS Page 2 1 SECTION 3 2 3 .B. NO. This Act shall take effect on July 1, 2017. INTRODUCED BY: HSAC bill appropriation EMS EXHIBIT A S.B. NO. A BILL FOR AN ACT RELATING TO =Q*MD AERIAL VEHICLES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. The legislature finds that unmanned aerial 2 vehicles are becoming increasingly popular in Hawaii and the 3 rest of the United States. Hobbyists use them for recreational 4 purposes, and businesses and government entities use them in a 5 plethora of ways that benefit society and individual residents. 6 The federal government is regulating the use of these devises as 7 the airways see more usage by all stakeholders. 8 The purpose of this Act is to establish unmanned aerial 9 vehicle laws and rules that complement federal rules and 10 regulations. 11 SECTION 2. The Hawaii Revised Statutes is amended by 12 adding a new chapter to be appropriately designated and to read 13 as follows: 14 "'CAKPTER 1$ UMLANNED AERIAL VEHICLES 16 S -1 Definitions. As used in this chapter: 1 EXHIBIT A Page 2 S.B. NO. I "Department" means the department of commerce and consumer 2 affairs. 3 "Director" means the director of commerce and consumer 4 affairs. 5 "Operator" means any person using or operating an unmanned G aerial vehicle. 7 "Personal information" means all information that: 8 (1) Describes, locates, or indexes information or data 9 relating to a person, including but not limited to 10 physical location, social security number, driverls Il license number, government -issued identification 12 number, student identification number, real or 13 personal property holdings identified in tax filings, 14 educational records, financial transactions, medical 15 history, ancestry, religious affiliation, political lG ideology or affiliation, criminal record, or 17 employment history; 18 (2) Affords a basis for inferring personal 19 characteristics, such as facial recognition and other 20 biometric identification technology, fingerprints, 21 voiceprints, or photographs; or z EXHIBIT A Page 3 A. B. NO. 1 (3) Indicates a person's membership in or association with 2 an organization, participation in an activity, or 3 admission or entrance to an institution or facility. 4 "Unmanned aerial vehicle" means a powered vehicle that does 5 not carry a human operator, uses aerodynamic forces to provide G vehicle lift, can fly autonomously or be piloted remotely, and 7 can be expendable or recoverable. "Unmanned aerial vehicle" 8 does not include a remote controlled airplane. 9 § -2 Powers and duties of the director. In addition to 10 any other powers and duties authorized by law, the director 11 shall: 12 (1) Adopt, amend, or repeal rules as the director deems 13 proper to fully effectuate this chapter; 14 (2) Impose a fine on an operator for any cause prescribed 15 by this chapter, or for any violation of this chapter 16 or any rule adopted pursuant to this chapter; and 17 (3) Investigate the use of any unmanned aerial vehicle 18 reported to be in violation of this chapter or any 19 rule adopted pursuant to this chapter. 20 8 -3 Prohibited actsi penalty. (a) No person shall 21 operate an unmanned aerial vehicle: 3 EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 Page 4 S.B. NO. (1) in violation of chapter 263 or any applicable federal law and Federal Aviation Administration regulations relating to the operation of unmanned aerial vehicles; (2) Within five miles of an,airport; (3) Within five hundred feet of an emergency response vehicle or first responder during an emergency, unless the unmanned aerial vehicle is operated pursuant to section -4(b); (4) To intentionally collect personal information or intentionally publish or distribute personal information acquired through the operation of an unmanned aerial vehicle without express written consent from the person whose personal information is acquired; (5) At an altitude higher than four hundred feet above ground level; (6) Outside the visual line of sight of the operator. The operator shall use natural vision to maintain at all times an unobstructed view of the unmanned aerial vehicle without the use of vision enhancing devices, including but not limited to binoculars, night vision EXHIBIT A a Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 S.B. NO. goggles, powered vision magnifying devices, or similar devices; (7) In a manner that interferes with, or fails to give way to, any manned aircraf t; (8) Whenever weather conditions impair the operator's ability to safely operate the unmanned aerial vehicle; (9) over any open air assembly unit, school, school yard, hospital, place of worship, prison, or police station without the property owner's written consent and subject to any restrictions that the property owner may impose on the operation of the unmanned aerial vehicle; (10) (A) Within five hundred feet of any water intake facility or any electric generating facility, substation, or control center; (s) Within one hundred feet of any electric transmission facility; or (C) Within twenty-five feet of any electric distribution facility or of any overhead cable, wire, conveyor, or similar equipment for the transmission of sounds or signals, or of heat, EXHIBIT A 5 Page 6 S.B. No. I light, or power, or'of data, upon or along any 2 public way within the city, 3 without the facility or equipment owner's written 4 consent and subject to any restrictions that the S facility or equipment owner may impose on the 6 operation of the unmanned aerial vehicle; 7 (11) While under the influence of any intoxicating liquor 8 as defined in section 281-1, intoxicating compound as 9 defined in section 712-1240, or other drug, or any 10 combination thereof; 11 (12) With the intent to use the unmanned aerial vehicle or 12 anything attached to it to cause harm to persons or 13 property; 14 (13) in a reckless or careless manner; or 15 (14) in violation of any federal or state law. 16 (b) All data and personal information collected through 17 the use of an unmanned aerial vehicle shall not be used or 18 repurposed for any purpose other than the original purpose for 19 which the data or personal information was collected. 6 EXHIBIT A Pagel S.V. NO. 1 (c) Any person who operates an unmanned aerial vehicle in 2 violation of this chapter shall pay a civil penalty of 3 $ for each separate offense. 4 (d) All penalties collected by the department shall be 5 deposited into the compliance resolution fund under section 6 26-9(0) for the purpose of enforcing this chapter. 7 5 -4 Prohibited uses by law enforcement agencies; 8 exceptions. (a) No law enforcement agency shall use an 9 unmanned aerial vehicle to gather evidence or other information 10 pertaining to criminal conduct or conduct in violation of a 11 statute, ordinance, or administrative rule without first 12 obtaining a warrant. 13 (b) Notwithstanding subsection (a) and in addition to the 14 authorized activities under section -5, a law enforcement or 15 public safety agency may deploy an unmanned aerial vehicle for 16 the following purposes: 17 (1) When there is a reasonable belief that an emergency 18 situation exists, whether or not the situation 19 involves criminal activity, and the use of an unmanned 20 aerial vehicle is necessary to prevent immediate Page 8 S.B. .BR NO. 1 danger of death'or serious physical injury to any 2 person; 3 (2) To conduct a search and rescue operation where the use 4 of an unmanned aerial vehicle is determined to be 5 necessary to alleviate an immediate danger to any 6 person; 7 (3) To respond to a hostage situations or 8 (4) To conduct training exercises related to any of the 9 purposes in this subsection. 10 5 -5 Public agency exceptions. Nothing in this chapter 11 shall prohibit the use of unmanned aerial vehicles by a public 12 agency: 13 (11 To conduct environmental or disaster response, 14 including but not limited to disaster relief, victim 15 recovery or search and rescue, and monitoring, 16 inspection, underwater repair, or structural damage 17 assessments; 18 (2) To dispose of a suspected or actual explosive device; 19 (3) To monitor plant or animal populations; 20 (4) To conduct atmospheric testing or monitoring; 21 (5) For farming and agricultural uses; a EXHIBIT A Page 9 S.B. NO. 1 (6) To review traffic congestion and conditions; 2 (7) To survey or inspect public lands and property; or 3 (8) To survey the ocean and coastline. 4 9 -6 Weapons; prohibited. In no case shall a person or 5 public agency equip an unmanned aerial vehicle with a weapon or 6 deploy an unmanned aerial vehicle that is equipped with a 7 weapon. 8 For the purpose of this section, "weapon" means any device 9 designed to harm or incapacitate a human being by use of a 10 projectile, explosive, biological or chemical agent, 11 electricity, visible or invisible directed energy, radiation, or 12 any other means. 13 S -7 civil cause of action; remedies. (a) An 14 individual shall have a civil cause of action against any person 15 that collects, publishes, or distributes the individuals 16 personal information in violation of this chapter. 17 (b) In any civil action brought under this section, if the 18 court f Inds a violation, the court may award: 19 (1) Injunctive relief; 20 (2) Equitable relief; 21 (3) Compensatory damages; FJ EXHIBIT A Page 10 S.B. NO. 1 (4) Punitive damages, except as prohibited by section 2 662-2; 3 (5) Costs of the action; and 4 (6) Reasonable attorney's fees." 5 SECTION 3. Chapter 711, Hawaii Revised Statutes, is 6 amended by adding a new section to be appropriately designated 7 and to read as follows: 8 "0711- Unmanned aerial vehicles; prohibited acts. (1L 9 it shall be unlawful for any Berson to intentionally, knowingly, 10 or recklessly use an unmanned aerial vehicle to record or 11 photograph a person in a private place without the consent of 12 the person for the purpose of spying on the person or invading 13 the privacy of another person with an unlawful purpose, under 14 circumstances in which a reasonable person in the private place 15 would not expect to be observed. 16 (2) Violation of this section is a misddmeanor. In 17 addition to any penalties the court may impose, the court may 18 order the destruction of any recording or photograph,made in 19 violation of this section." 20 SECTION 4. Section 711-1100, Hawaii Revised Statutes, is 21 amended as follows: 3.0 Page 11 S.B. No. 1 1. By adding a new definition to be appropriately inserted 2 and to read: 3 ""Unmanned aerial vehicle" means a powered vehicle that 4 does not -carry a human operator, uses aerodynamic forces to 5 provide vehicle lift, can fly autonomously or be piloted 6 remotely, and can be expendable or recoverable." 7 2. By amending the definition of "record" to read.- 8 ead:8 ""Record", for the purposes of sections 711-1110.9 [erg], 9 711-1111, and 711- , means to videotape, film, photograph, or 10 archive electronically or digitally." 11 SECTION S. Section 711-1110.9, Hawaii Revised Statutes, is 12 amended by amending subsection (1) to read as follows: 13 11(1) A person commits the offense of violation of privacy 14 in the first degree if, except in the execution of a public duty 15 or as authorized by law: 16 (a) The person intentionally or knowingly installs or 17 uses, or both, in any private place, without consent 18 of the person or persons entitled to privacy therein, I9 any device, including an unmanned aerial vehicle, for 20 observing, recording, amplifying, or broadcasting 11 EXHIBIT A 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Page 12 S.B. NO. another person in a stage of undress or sexual activity in that place; or (b) The person knowingly discloses an image or video of another identifiable person either in the nude, as defined in section 712-1210, or engaging in sexual conduct, as defined in section 712-1210, without the consent of the depicted person, with intent to harm substantially the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships; provided that: (i) This paragraph shall not apply to images or videos of the depicted person made: (A) when the person was voluntarily nude in public or voluntarily engaging in sexual conduct in public; or (B) Pursuant to a voluntary commercial transaction; and (ii) Nothing in this paragraph shall be construed to impose liability on a provider of "electronic communication service" or "remote computing EXHIBIT A 12 Page 13 S.V. NO. 1 service° as those terms are defined in section 2 803-41, for an image or video disclosed through 3 the electronic communication service or remote 4 computing service by another person." 5 SECTION 6. Section 711-1111, Hawaii Revised statutes, is 6 amended by amending subsection (1) to read as follows: 7 11(1) A person commits the offense of violation of privacy 8 in the second degree if, except in the execution of a public 9 duty or as authorized by law, the person intentionally: 10 (a) Trespasses on property for the purpose of subjecting 11 anyone to eavesdropping or other surveillance in a 12 private place; 13 (b) Peers or peeps into a window or other opening of a 14 dwelling or other structure adapted for sojourn or is overnight accommodations for the purpose of spying on 16 the occupant thereof or invading the privacy of 17 another person with a lewd or unlawful purpose, under 18 circumstances in which a reasonable person in the 19 dwelling or other structure would not expect to be 20 observed] 13 EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Page 14 S.B. N4. (c) Trespasses on property for the sexual gratification of the actor; (d) Installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any means or device, including an unmanned aerial vehicle, for observing, recording, amplifying, or broadcasting sounds or events in that place other than another person in a stage of undress or sexual activity; (e) Installs or uses outside a private place any device_ including an unmanned aerial vehicle, for hearing, recording, amplifying, or broadcasting sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy therein; (f) Covertly records or broadcasts an image of another person's intimate area underneath clothing, by use of any device, including an unmanned aerial vehicle, and that image is taken while that person is in a public place and without that person's consent; EXHIBIT A is 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 Page 15 S.B. No. (g) Intercepts, without the consent of the sender or receiver, a message or photographic image by telephone, telegraph, letter, electronic transmission, or other means of communicating privately; but this paragraph does not apply to; (i) Overhearing of messages through a regularly installed instrument on a telephone party line or an extension; or (ii) Interception by the telephone company, electronic mail account provider, or telephone or electronic mail subscriber incident to enforcement of regulations limiting use of the facilities or incident to other operation and use; (h) Divulges, without the consent of the sender or the receiver, the existence or contents of any message or photographic image by telephone, telegraph, letter, electronic transmission, or other means of communicating privately, if the accused knows that the message or photographic image was unlawfully intercepted or if the accused learned of the message EXHIBIT A 15 Page 16 S.B. NO. 1 or photographic image in the course of employment with 2 an agency engaged in transmitting it; or 3 (i) Knowingly possesses materials created under 4 circumstances prohibited in section 711-1110.9." 5 SECTION 7. This Act does not affect rights and duties that 6 matured, penalties that were incurred, and proceedings that were 7 begun before its effective date. 8 SECTION e. Statutory material to be repealed is bracketed 9 and stricken. New statutory material is underscored. 10 SECTION 9. This Act shall take effect upon its approval. 11 INTRODUCED BY: 16 EXHIBIT A .B. NO. A BILL FOR AN ACT RELATING TO COMMUNITY MEETINGS. 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 "§92-2.5 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; EXHIBIT `� /I EXHIBIT A Page 2 B. NO. 1 (B) All resulting findings and recommendations are 2 presented to the board at a meeting of the board; and 3 (C) Deliberation and decisionmaking on the matter 4 investigated, if any, occurs only at a duly noticed meeting of 5 the board held subsequent to the meeting at which the findings 6 and recommendations of the investigation were presented to the 7 board; or 8 (2) Present, discuss, or negotiate any position which the 9 board has adopted at a meeting of the board; provided that the 10 assignment is made and the scope of each member's authority is 11 defined at a meeting of the board prior to the presentation, 12 discussion, or negotiation. 13 (c) Discussions between two or more members of a board, 14 but less than the number of members which would constitute a 15 quorum for the board, concerning the selection of the board's 16 officers may be conducted in private without limitation or 17 subsequent reporting. 18 (d) Board members present at a meeting that must be 19 canceled for lack of quorum or terminated pursuant to section 20 92-3.5(c) may nonetheless receive testimony and presentations on 21 items on the agenda and question the testifiers or presenters; 22 provided that: EXHIBIT A Page 3 .B. NO. 1 (1) Deliberation or decisionmaking on any item, for which 2 testimony or presentations are received, occurs only at a duly 3 noticed meeting of the board held subsequent to the meeting at 4 which the testimony and presentations were received; 5 (2) The members present shall create a record of the oral 6 testimony or presentations in the same manner as would be 7 required by section 92-9 for testimony or presentations heard 8 during a meeting of the board; and 9 (3) Before its deliberation or decisionmaking at a 10 subsequent meeting, the board shall: 11 (A) Provide copies of the testimony and presentations 12 received at the canceled meeting to all members of the board; 13 and 14 (B) Receive a report by the members who were present 15 at the canceled or terminated meeting about the testimony and 16 presentations received. 17 (e) Two or more members of a board, but less than the 18 number of members which would constitute a quorum for the board, 19 may attend an informational meeting or presentation on matters 20 relating to official board business, including a meeting of 21 another entity, legislative hearing, convention, seminar, or 22 community meeting open to the public; provided that the meeting EXHIBIT A Page ■B■ NO. 1 or presentation is not specifically and exclusively organized 2 for or directed toward members of the board. The board members 3 in attendance may participate in discussions, including 4 discussions among themselves; provided that the discussions 5 occur during and as part of the informational meeting or 6 presentation; and provided further that no commitment relating 7 to a vote on the matter is made or sought. 8 At the next duly noticed meeting of the board, the board 9 members shall report their attendance and the matters presented 10 and discussed that related to official board business at the 11 informational meeting or presentation. 12 (f) Discussions between the governor and one or more 13 members of a board may be conducted in private without 14 limitation or subsequent reporting; provided that the discussion 15 does not relate to a matter over which a board is exercising its 16 adjudicatory function. 17 (g) Discussions between two or more members of a board and 18 the head of a department to which the board is administratively 19 assigned may be conducted in private without limitation; 20 provided that the discussion is limited to matters specified in 21 section 26-35. EXHIBIT A Page 5 E V . NOR 1 (h) Communications, interactions, discussions, 2 investigations, and presentations described in this section are 3 not meetings for purposes of this part. 4 (i) Notwithstanding section 92-3.1(b) of this chapter, for 5 meetings described in subsection (e), the limitation on number 6 of attendees shall not apply to members of a countyr council." 7 SECTION 2. Statutory material to be deleted is bracketed 8 and in strikethrough. New statutory material is underscored. 9 SECTION 3. This Act shall take effect upon its approval. 10 11 INTRODUCED BY: 12 13 pia:misc:003(2)abi11o5:scb *VX01l:11r_1 .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. 6 Because not all disabilities are outwardly visible, the 7 disclosure of a disability on a driver's license or 8 identification card can assist first responders in determining 9 the best way to treat, assist, or communicate with the person. 10 Having a license or identification card clearly indicating 11 a person's disability will allow the person access to certain 12 services such as special seating on public transit or at public 13 events. The "disabled" notification on the card indicates that 14 a person has a disability and does not take the place of 15 existing public service qualification procedures. Page 2 .B. NO. 1 To mitigate potential abuse, medical documentation is 2 required to support a person's request for indication of a 3 disability on their identification card. 4 Those who choose to include information about their 5 disability on their driver's license, State identification card, 6 and identification card for persons with disabilities may do so 7 under this Act. 8 SECTION 2. Section 286-2, Hawaii Revised Statutes, is 9 amended by adding new definitions to be appropriately inserted 10 and to read as follows: 11 "Disability" means any physical, mental, or neurological 12 impairment that severely restricts a person's mobility, manual 13 dexterity, or ability to climb stairs; substantial loss of sight 14 or hearing; loss of one or more limbs or use thereof; or 15 significantly diminished reasoning capacity. 16 "Person with disabilities" means any person with a 17 permanent or temporary disability. 18 SECTION 3. Chapter 286, Hawaii Revised Statutes, is amended 19 by adding a new section to part VI to be appropriately 20 designated and to read as follows: 21 "§286- Driver's license for persons with disabilities. EXHIBIT A Page 3 .B. NO. I Persons with disabilities may opt to identify their 2 disabilitv on their driver's license upon receipt of the 3 required documentation as stated in this section, from the 4 person requesting its inclusion. The driver's license shall 5 display the "disabled" notation on a location designated by the 6 department." 7 SECTION 4. Section 286-305, Hawaii Revised Statutes, is 8 amended to read as follows: 9 "§286-305 Contents and characteristics; form. (a) Each 10 identification card issued by the examiner of drivers shall 11 display a distinguishing number assigned to the cardholder, and 12 shall display the following inscription: 13 "STATE OF HAWAII IDENTIFICATION CARD" 14 (b) The examiner of drivers, after obtaining the 15 fingerprint of the applicant as provided in this part and after 16 obtaining the information required by or pursuant to this part, 17 shall issue to each applicant an identification card in a form 18 and with identifying information that the director deems 19 necessary and appropriate, including a notation of veteran 20 status, if desired by the applicant, on the front of the card 21 where applicable; provided that such notation shall not include. 22 any designation other than the term "veteran". As used in this EXHIBIT A Page 4 . B. NO. 1 subsection, "veteran" means any person who served in any of the 2 uniformed services of the United States and was discharged under 3 conditions other than dishonorable. 4 (c) The identification card shall not display the 5 cardholder's social security number. 6 (d) The identification card shall be designed to prevent 7 its reproduction or alteration without ready detection. 8 (e) The identification card for individuals under twenty - 9 one years of age shall have characteristics prescribed by the 10 examiner distinguishing it from that issued to [a] an individual 11 who is twenty-one years of age or older. 12 (f) Persons with disabilities may opt to identify their 13 disability on their identification card upon receipt of the 14 required documentation from the person requesting its inclusion_ 15 The identification card shall display a notation of disability 16 status, if desired by the applicant, on the front of the card 17 where applicable; except that such notation shall not include 18 any designation other than the term "disabled.," 19 SECTION 5. Chapter 286, Hawaii Revised Statutes, is amended 20 by adding a new section to part XVI to be appropriately 21 designated and to read as follows: EXHIBIT A Page 5 B. NO. 1 "§286- Identification card for persons with estimating 2 disabilities. (a) The department shall issue identification disability. Identification cards indicating 3 cards to persons with disabilities pursuant to section 286-305. 20 disabilities 4 (b) The identification card for persons with disabilities year, and a 5 shall include characteristics and content pursuant to section 6 286-305. On the reverse side of the identification card shall be 7 a space within which the department shall enter such disabilit 8 information the applicant may request. 9 (c) The department may include a notation of disabilit 10 status, if desired by the applicant, on the front and may print 11 the disability information on the reverse on anv driver's 12 license or identification card issued pursuant to the provisions 13 of this chapter upon receipt of the required documentation from 14 the person requesting its inclusion. 15 (d) Temporary disabilities. An identification card for 16 persons with a temporary disability shall be issued upon 17 presentation of a sworn affidavit of at least one medical doctor 18 attesting to such disability and estimating the duration of the 19 disability. Identification cards indicating temporary 20 disabilities shall be issued for periods of one year, and a 21 current affidavit of a medical doctor attesting to the EXHIBIT A Page 6 .B. NO. 1 continuance of such disability shall be presented at each 2 request thereafter." 3 SECTION 6. Statutory material to be repealed is bracketed 4 and stricken. New statutory material is underscored. 5 SECTION 7. This Act shall take effect on January 2, 2018. paf:mkz:16-151a INTRODUCED BY: EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 .B. NO. A BILL FOR AN ACT RELATING TO TRANSIENT ACCOMMODATIONS TAX. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: PART I SECTION 1. (a) The legislature finds that: (1) Pursuant to Act 174, Session Laws of Hawaii 2014, the state -county functions working group was convened to evaluate the division of duties and responsibilities between the State and counties relating to the provision of public services and to recommend an appropriate allocation of the transient accommodations tax revenues between the State and counties that properly reflects the division of duties and responsibilities relating to the provision of public services; (2) Though the transie meet the needs and purposes frequent amendment, combined visitor industry and the tax in ongoing discussions among the State, the counties, the tourism authority, and other of transient accommodations t accommodations tax has evolved to f the times, its structure and with the cyclical nature of the revenues it generates, has resulted the various stakeholders, including visitor industry, the Hawaii recipients or potential recipients ax revenues; (3) The state -county functions working group, composed of state, county, and visitor industry representatives and other knowledgeable and concerned citizens, and which has been aided by experts, considered the legislature's assignment for over a year and delivered to the legislature its final unanimous report, inclusive of analysis, findings, conclusions, and recommendations; (4) In particular, the state -county functions working group found and concluded that: (A) The application of the transient accommodations tax and the allocation of its revenues should be simplified PW4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Page 2 .B. NO. and stabilized so as to be clear, consistent, and predictable over time, in view of the need to invest in tourism as a premier industry; (B) The tourism special fund should be provided a priority distribution of the transient accommodations tax revenues at an assured minimum level, adjusted for inflation, and regardless of overall transient accommodations tax collections; (C) After the priority distribution of the transient accommodations tax revenues to the tourism special fund, existing allocations to the Turtle Bay conservation easement special fund, convention center enterprise special fund, and special land and development fund should be maintained at their current levels, with any additional state funding of these efforts made out of state general funds by separate appropriation; (D) Based on a review of state and county functions, including tourism expenditures, an appropriate allocation of the remaining transient accommodations tax revenues is fifty-five percent to the state general fund and forty-five percent to the counties; and (E) There should be no fixed dollar amounts, caps, floors, or similar restrictions on allocations to the State and counties of the remaining revenues; instead, both the State and the county allocations should increase or decrease proportionately with increasing or decreasing transient accommodations tax revenues; and (5) The state -county functions working group recommendations reflect a fair, balanced, and reasonable compromise of competing needs for scarce resources and provide a sound policy base for the further administration of the transient accommodations tax and its revenues. (b) The purpose of this Act is to: (1) Provide a fair, consistent, and predictable priority allocation of transient accommodations tax revenues, of an assured minimum amount, to the tourism special fund; EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Page 3 .B. NO. (2) Maintain allocation of transient accommodations tax revenues to existing obligations at present levels; (3) Provide a fair, consistent, and predictable allocation of the balance of the transient accommodations tax revenues between the State and the counties; and (4) Provide flexibility to the tourism special fund, State, and counties in the utilization of their respective allocations. PART II SECTION 2. Section 237D-6.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Revenues collected under this chapter shall be distributed in the following priority, with the excess revenues to be deposited into the general fund: (1) $82,000,000 shall be allocated to the tourism special fund established under section 201B-11; provided that, beginning July 1, 2017, and in each fiscal year thereafter, the dollar amount of revenues allocated to the tourism special fund under this paragraph shall be adjusted by an amount equal to the dollar amount multiplied by the percentage, if any, by which the Honolulu region consumer price index for all urban consumers (CPI -U), or a successor index, as calculated by the United States Department of Labor, for the preceding calendar year exceeds the consumer price index for the calendar year 2016; rovided further that: fund : A) Of the revenues allocated to the tourism special EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Page 4 ■ B ■ NON (i) $1,000,000 shall be allocated for the operation of a Hawaiian center and the museum of Hawaiian music and dance at the Hawaii convention center and 0.5 percent shall be transferred to a sub -account in the tourism special fund to provide funding for a safety and security budget, in accordance with the Hawaii tourism strategic plan; and (B) Of the revenues remaining in the tourism special fund after revenues have been deposited as provided in this paragraph and except for any sum authorized by the legislature for expenditure from revenues subject to this paragraph, beginning July 1, 2007, funds shall be deposited into the tourism emergency special fund, established in section 201B-10, in a manner sufficient to maintain a fund balance of $5,000,000 in the tourism emergency special fund; (2) $26,500,000 shall be allocated to the convention center enterprise special fund established under section 201B-8; EXHIBIT A VNEMMEr. W.. 01, M I -a w- ft - EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Page 5 . B . NON (3) $3,000,000 shall be allocated to the special land and development fund established under section 171-19; provided that the allocation shall be expended in accordance with the Hawaii tourism authority strategic plan for: (A) The protection, preservation, maintenance, and enhancement of natural resources, including beaches, important to the visitor industry; B) Plannina, construction, and repair of facilities and (C) Operation and maintenance costs of public lands, including beaches, connected with enhancing the visitor experience; (4) $1,500,000 shall be allocated to the Turtle Bay conservation easement special fund beginning July 1, 2017, for the reimbursement to the state general fund of debt service on reimbursable general obligation bonds, including ongoing expenses related to the issuance of the bonds, the proceeds of which were used to acquire the conservation easement and other real property interests in Turtle Bay, Oahu, for the protection, preservation, and enhancement of natural resources important to the State, until the bonds are fully amortized; and €er fiseal year 2014 2015, 1 fiseral year 261 2916, $193,999,99G er fiseal thereaft ] Of the remaining revenues collected under this chapter, forty-five percent shall be allocated to the counties and shall be distributed as follows: Kauai county shall receive 14.5 per cent, Hawaii county shall receive 18.6 per cent, city and county of Honolulu shall receive 44.1 per cent, and Maui county shall receive 22.8 per cent; provided that commencing EXHIBIT A 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Page 6 B. NO. with fiscal year 2018-2019, a sum that represents the difference between a county public employer's annual required contribution for the separate trust fund established under section 87A-42 and the amount of the county public employer's contributions into that trust fund shall be retained by the state director of finance and deposited to the credit of the county public employer's annual required contribution into that trust fund in each fiscal year, as provided in section 87A-42, if the respective county fails to remit the total amount of the county's required annual contributions, as required under section 87A-43[ ; an �� All transient accommodations taxes shall be paid into the state treasury each month within ten days after collection and shall be kept by the state director of finance in special accounts for distribution as provided in this subsection. As used in this subsection, "fiscal year" means the twelve- month period beginning on July 1 of a calendar year and ending on June 30 of the following calendar year." PART III SECTION 3. Section 87A-42, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: "(d) In any fiscal year subsequent to the 2017-2018 fiscal year in which a county public employer's contributions into the IWIM11:111Fa • - - - - �� All transient accommodations taxes shall be paid into the state treasury each month within ten days after collection and shall be kept by the state director of finance in special accounts for distribution as provided in this subsection. As used in this subsection, "fiscal year" means the twelve- month period beginning on July 1 of a calendar year and ending on June 30 of the following calendar year." PART III SECTION 3. Section 87A-42, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: "(d) In any fiscal year subsequent to the 2017-2018 fiscal year in which a county public employer's contributions into the IWIM11:111Fa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Page 7 ■ B. NO. fund are less than the amount of the annual required contribution, the amount that represents the excess of the annual required contribution over the county public employer's contributions shall be deposited into the fund from a portion of all transient accommodations tax revenues collected by the department of taxation under section [237B 6.5(b)(4).] 237D - 6.5(b)(5). The director of finance shall deduct the amount necessary to meet the county public employer's annual required contribution from the revenues derived under section [ ^'� 6.5'—�;-] 237D -6.5(b)(5) and transfer the amount to the board for deposit into the appropriate account of the separate trust fund." SECTION 4. Section 171-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is created in the department a special fund to be designated as the "special land and development fund". Subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959, all proceeds of sale of public lands, including interest on deferred payments; all moneys collected under section 171-58 for mineral and water rights; all rents from leases, licenses, and permits derived from public lands; all moneys collected from lessees of public lands within industrial parks; all fees, fines, and other administrative charges collected under this chapter and chapter 183C; a portion of the highway fuel tax collected under chapter 243; all moneys collected by the department for the commercial use of public trails and trail accesses under the jurisdiction of the department; transient accommodations tax revenues collected pursuant to section [2�37D 6.5(b)(5),-] 237D -6.5(b)(3); and private contributions for the management, maintenance, and development of trails and accesses shall be set apart in the fund and shall be used only as authorized by the legislature for the following purposes: (1) To reimburse the general fund of the State for advances made that are required to be reimbursed from the proceeds derived from sales, leases, licenses, or permits of public lands; (2) For the planning, development, management, operations, or maintenance of all lands and improvements under the control and management of the board pursuant to title 12, including but 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Page 8 -.B. N not limited to permanent or temporary staff positions who may be appointed without regard to chapter 76; provided that transient accommodations tax revenues allocated to the fund shall be expended as provided in section [237E)6.S(b)(5);] 237D- 6.5 (b) (3) ; (3) To repurchase any land, including improvements, in the exercise by the board of any right of repurchase specifically reserved in any patent, deed, lease, or other documents or as provided by law; (4) For the payment of all appraisal fees; provided that all fees reimbursed to the board shall be deposited in the fund; (5) For the payment of publication notices as required under this chapter; provided that all or a portion of the expenditures may be charged to the purchaser or lessee of public lands or any interest therein under rules adopted by the board; (6) For the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department; (7) For the payment to private land developers who have contracted with the board for development of public lands under section 171-60; (8) For the payment of debt service on revenue bonds issued by the department, and the establishment of debt service and other reserves deemed necessary by the board; (9) To reimburse the general fund for debt service on general obligation bonds issued to finance departmental projects, where the bonds are designated to be reimbursed from the special land and development fund; (10) For the protection, planning, management, and regulation of water resources under chapter 174C; and (11) For other purposes of this chapter." EXHIBIT A Page 9 1 PART IV B. NO. 2 SECTION 5. Statutory material to be repealed is bracketed 3 and stricken. New statutory material is underscored. 4 5 SECTION 6. This Act shall take effect on July 1, 2017. 6 7 8 9 10 pia:misc:003(2)abi1106:kcw INTRODUCED BY: EXHIBIT A .B. NO. A BILL FOR AN ACT RELATING TO THE CONVEYANCE TAX. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Section 247-2, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "§247-2 Basis and rate of tax. The tax imposed by section 4 247-1 shall be based on the actual and full consideration 5 (whether cash or otherwise, including any promise, act, 6 forbearance, property interest, value, gain, advantage, benefit, 7 or profit), paid or to be paid for all transfers or conveyance 8 of realty or any interest therein, that shall include any liens 9 or encumbrances thereon at the time of sale, lease, sublease, 10 assignment, transfer, or conveyance, and shall be at the 11 following rates: 12 (1) Except as provided in paragraph (2): 13 (A) Ten cents per $100 for properties with a value of 14 less than $600,000; 15 (B) Twenty cents per $100 for properties with a value 16 of at least $600,000, but less than $1,000,000; EXHIBIT' '° EXHIBIT A Page 2 .B. NO. I (C) Thirty cents per $100 for properties with a value 2 of at least $1,000,000, but less than $2,000,000; 3 (D) Fifty cents per $100 for properties with a value 4 of at least $2,000,000, but less than $4,000,000; 5 (E) Seventy cents per $100 for properties with a 6 value of at least $4,000,000, but less than 7 $6,000,000; 8 (F) Ninety cents per $100 for properties with a value 9 of at least $6,000,000, but less than 10 $10,000,000; and 11 (G) One dollar per $100 for properties with a value 12 of $10,000,000 or greater; and 13 (2) For the sale of a condominium or single family 14 residence for which the purchaser is ineligible for a 15 county homeowner's exemption on property tax: 16 (A) Fifteen cents per $100 for properties with a 17 value of less than $600,000; 18 (B) Twenty-five cents per $100 for properties with a 19 value of at least $600,000, but less than 20 $1,000,000; 21 (C) Forty cents per $100 for properties with a value 22 of at least $1,000,000, but less than $2,000,000; EXHIBIT A Page 3 .B. NO. 1 (D) Sixty cents per $100 for properties with a value 2 of at least $2,000,000, but less than $4,000,000; 3 (E) Eighty-five cents per $100 for properties with a 4 value of at least $4,000,000, but less than 5 $6,000,000; 6 (F) One dollar and ten cents per $100 for properties 7 with a value of at least $6,000,000, but less 8 than $10,000,000; and 9 (G) One dollar and twenty-five cents per $100 for 10 properties with a value of $10,000,000 or 11 greater [—] ; and 12 (3) In addition to the rate established by paragraph (1) 13 or (2), for the sale of a condominium or single family 14 residence: One dollar per $100 for properties with a 15 value of more than $1,000,000, 16 of such actual and full consideration; provided that in the 17 case of a lease or sublease, this chapter shall apply only to a 18 lease or sublease whose full unexpired term is for a period of 19 five years or more, and in those cases, including (where 20 appropriate) those cases where the lease has been extended or 21 amended, the tax in this chapter shall be based on the cash 22 value of the lease rentals discounted to present day value and EXHIBIT A Page 4 ■ B. NO. 1 capitalized at the rate of six per cent, plus the actual and 2 full consideration paid or to be paid for any and all 3 improvements, if any, that shall include on-site as well as off - 4 site improvements, applicable to the leased premises; and 5 provided further that the tax imposed for each transaction shall 6 be not less than $1.11 7 SECTION 2. Section 247-7, Hawaii Revised Statutes, is 8 amended to read as follows: 9 "§247-7 Disposition of taxes. All taxes collected under 10 this chapter shall be paid into the state treasury to the credit 11 of the general fund of the State, to be used and expended for 12 the purposes for which the general fund was created and exists 13 by law; provided that of the taxes collected each fiscal year: 14 (1) Ten per cent of the revenue accruing from application 15 of the rates established in paragraph (1) and (2) of 16 section 247-1, or $6,800,000, whichever is less, shall 17 be paid into the land conservation fund established 18 pursuant to section 173A-5; [ate] 19 (2) Fifty per cent of the revenue accruing from the 20 application of the rates established in paragraph (1) 21 and (2) of section 247-1, or $38,000,000, whichever is 22 less, shall be paid into the rental housing revolving EXHIBIT A Page 5 .B. NO. 1 fund established by section 201H-202. Tax imposed by 2 section 247-1 shall be based on the actual and full 3 consideration[—.]; and 4 (3) One hundred percent of the revenue in each 5 county accruing from the rate established in 6 paragraph (3) of section 247-1 shall be 7 allocated to the county's affordable housing 8 fund and shall only be used to increase the 9 supply of affordable housing by the 10 following means: 11 (A) the purchase of existing housing units 12 and other interests in real property; 13 (B) the planning, design, or construction 14 of housing units; 15 (C) making grants or loans to nonprofit 16 organizations, including community land 17 trusts; or 18 (D) investment in public infrastructure." 19 SECTION 3. Statutory material to be deleted is bracketed 20 and in strikethrough. New statutory material is underscored. 21 SECTION 4. This Act shall take effect upon its approval; 22 provided that this Act shall be repealed on June 30, 2022. EXHIBIT A Page 6 paf:kcw:16-159b INTRODUCED BY: EXHIBIT A B. NO.