HomeMy WebLinkAboutREP PC 064 10/22/1985 1984-1988 __.: REPORT OF THE
COMMITTEE ON PLANNING
DATE: October 22, 1985
PLACE: Councilroom
TIME: 1:30 p.m .
Chairman and Members
Hawaii County Council
Hilo, Hawaii
Your Committee on Planning to whichwas referred
Communication No. 318, reporting on the Hawaii State Association of
Counties Inter-Governmental Relations Committee Meeting of
October 11 , 1985 , reports as follows:
This communication requires action on (1 ) the proposed guidelines for
adoption of the 1986 HSAC legislative package , and (2 ) the various
proposals for inclusion in the 1986 HSAC legislative package.
The proposed guidelines for adoption of the 198.6 HSAC legislative
package provide for the conceptual approval of the proposals by the
councils . Favorable action by a majority vote of the
Inter-Governmental Relations (IGR) Committee members would constitute
conceptual approval to authorize the Chairperson of the IGR Committee
to prepare and submit the necessary legislation to the Legislature.
Any amendments to any of the proposals would require a vote by the
IGR Committee members on behalf of their respective counties . The
guidelines further state that the 1986 HSAC legislative package
should be ratified at the Mid-Year Conference . Your committee
concurs with the proposed guidelines for adoption of the 1986 HSAC
legislative package .
At its meeting of May 28, 1985 , your committee considered the
carry-over billsfrom the 1985 legislative session. Since then, new
proposals have been submitted for inclusion in the 1986 HSAC
legislative package . Your committee has reviewed the carry-over
bills and the new proposals , and after discussion on the matter ,
recommends the following:
1 . State Water Code - S.B. 564, S.D. 2
Your committee is in agreement with HSAC' s continued
opposition of the enactment of a state water code since a
current need for State regulatory intervention has not been
demonstrated .
2 . LESA Commission - S.B. 1397 , S.D. 1
Your committee concurs that HSAC should continue opposition to
any LESA Agricultural Land Classification system which would
usurp or undermine present county land use regulatory
authority, subject to change, pending the final administrative
structure and contents of the LESA Commission Report before
the 1986 legislative session.
PC REPORT NO . 64(Amended)
ADOPTED : NOV 6 1905
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PC-64 Page 2 October 22, 1985
3. Revenue Sharing - S.B. 1319
Your committee agrees that HSAC should pursue enactment of
this or any similar measure .
4. The Kiyabu Plan - S.B. 1185, S.D. 1, H.D. 1
HSAC should actively seek enactment of this bill . Support
should include intensive lobbying for enactment of the
provisions of this bill or, if necessary, for the
reintroduction of these provisions in a separate bill in 1986 .
5 . The "Senate Plan" - H.B. 1350, H.D. 1, S.D. 1
HSAC should not support enactment of the "Senate Plan" because
the Plan ignores the inadequacy of the present Grants-in-Aid
program, ignores the heavy burden in financing county
governments already borne by real property taxpayers; and HSAC
is already on record as favoring the Kiyabu Plan.
The portion of the "Senate Plan" which exempts the counties
from the 4% general excise tax should be supported by HSAC.
6. County 1% Excise Taxing Authority - S.B. 270, H.B. 1263
HSAC should actively seek enactment of this proposal during
the 1986 legislative session.
7 . Exempting the Counties from the 4% Excise Tax -
S.B. 269, H.B. 1263 & 1320 ; H.B. 135 as amended
HSAC should continue pursuing enactment of this proposal as a
secondary legislative priority.
8. Fines & Forfeitures - S.B. 716 & 1321; H.B. 1266
Your committee agrees that HSAC should seek amendment to the
pending Fine & Forfeiture bills which would give the counties
50% of the fines and forfeitures unless such funds are needed
to cover court costs in enforcing animal and traffic codes .
Your committee agrees that pursuit of these bills should
remain an HSAC legislative priority.
9 . County Antitrust Exemption - S.B. 1401; H.B. 1265
HSAC should seek amendment to the bills during 1986 to the
effect that successful plaintiffs in Chapter 480 actions
against the counties would be limited only to injunctive
relief. The amendment would remove county vulnerability to
treble damages in such actions .
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PC- 64 Page 3 October 22, 1985
10 . County Tortfeasor Liability - S.B. 277; H.B. 960
Your committee strongly agrees that HSAC should seek an active
role in Interim Legislative Committee established to examine
the problem of county tortfeasor liability. Enactment of any
of the county tortfeasor bills should continue to be a top
legislative priority of HSAC.
Your committee discussed the new proposals for inclusion in the
1986 legislative package and offers the following comments:
1 . Opposition to S.B. 944, S.D. 1 Relating to Agricultural Water
Use
Your committee gxpressed disagreement in opposing this bill .
2. Conceptual Approval of "Bottle Bills" - S.B. 646, H.B. 715 ,
H.B. 752 and H.B. 1150
Your committee expressed agreement on the conceptual approval
of these bills for inclusion in the 1986 HSAC legislative
package .
3 . Intoxicating Liquor - S.B. 1118
Your committee expressed reservations of the inclusion of this
bill in the 1986 HSAC legislative package . The committee
supports Liquor Department 's concern of using liquor license
fees for education programs .
4. County Taxation
This proposal should not be included in the
1986 HSAC legislative package. Concerns were raised that the
one percent county tax on certain goods and services would be
discriminatory regarding specific businesses .
5 . Public Utilities Commission
Your committee expressed reservations on this bill for
inclusion in the 1986 HSAC legislative package .
6 . State-Operated Lottery System - S.B. 495 , S.D. 1
Your committee expressed reservations on this bill for
inclusion in the 1986 HSAC legislative package .
7 . Appropriation for Sewerage and Wastewater Treatment Systems
HSAC should seek enactment of this proposal during the
1986 legislative session.
8 . Renewal of Driver 's Licenses
Your committee expressed agreement on this bill for inclusion
in the 1986 HSAC legislative package .
•
PC- 64 Page 4 October 22, 1985
Your committee did not take a formal action on the new proposals ,
however , the committee provided the HSAC Inter-Governmental Relations
Committee members with some direction to present to its upcoming
meeting .
( P{^ 1 -
TAKASHI DOMINGO, CHAIRMAN
(Absent & Excused) (Absent & Excused)
SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ, III, MEMBER
(R,
ROBERT N. HERKES, MEMBER ,NE R. 'SKU, MEMBER
AP
. r I -4
O
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SELL S. KOKUB , MEMBER MERLE . LAI, MEMBER
LA/CM
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PC-64 Page 2 October 22, 1985
3. Revenue Sharing - S.B. 1319
Your committee agrees that HSAC should pursue enactment of
this or any similar measure .
4 . The Kiyabu Plan - S.B. 1185 , S.D. 1 , H.D. 1
HSAC should actively seek enactment of this bill . Support
should include intensive lobbying for enactment of the
provisions of this bill or , if necessary, for the
reintroduction of these provisions in a separate bill in 1986 .
5 . The "Senate Plan" - H.B. 1350, H.D. 1, S.D. 1
HSAC should not support enactment of the "Senate Plan" because
the Plan ignores the inadequacy of the present Grants-in-Aid
program, ignores the heavy burden in financing county
governments already borne by real property taxpayers; and HSAC
is already on record as favoring the Kiyabu Plan.
The portion of the "Senate Plan" which exempts the counties
from the 4% general excise tax should be supported by HSAC.
6 . County 1% Excise Taxing Authority - S.B. 270, H.B. 1263
HSAC should reconsider promotion of this bill as part of its
1986 legislative package .
7 . Exempting the Counties from the 4% Excise Tax -
S.B. 269, H.B. 1263 & 1320 ; H.B. 135 as amended
HSAC should continue pursuing enactment of this proposal as a
secondary legislative priority.
8. Fines & Forfeitures - S.B. 716 & 1321; H.B. 1266
Your committee agrees that HSAC should seek amendment to the
pending Fine & Forfeiture bills which would give the counties
50% of the fines and forfeitures unless such funds are needed
to cover court costs in enforcing animal and traffic codes .
Your committee agrees that pursuit of these bills should
remain an HSAC legislative priority .
9 . County Antitrust Exemption - S.B. 1401; H.B. 1265
HSAC should seek amendment to the bills during 1986 to the
effect that successful plaintiffs in Chapter 480 actions
against the counties would be limited only to injunctive
relief. The amendment would remove county vulnerability to
treble damages in such actions .
b • 411
PC- 64 Page 3 October 22, 1985
10 . County Tortfeasor Liability - S.B. 277; H.B. 960
Your committee strongly agrees that HSAC should seek an active
role in Interim Legislative Committee established to examine
the problem of county tortfeasor liability. Enactment of any
of the county tortfeasor bills should continue to be a top
legislative priority of HSAC.
Your committee discussed the new proposals for inclusion in the
1986 legislative package and offers the following comments:
1 . Opposition to S.B. 944, S.D. 1 Relating to Agricultural Water
Use
Your committee expressed disagreement in opposing this bill .
2 . Conceptual Approval of "Bottle Bills" - S.B. 646, H.B. 715,
H.B. 752 and H.B. 1150
Your committee expressed agreement on the conceptual approval
of these bills for inclusion in the 1986 HSAC legislative
package .
3 . Intoxicating Liquor - S.B. 1118
Your committee expressed reservations of the inclusion of this
bill in the 1986 HSAC legislative package . The committee
supports Liquor Department 's concern of using liquor license
fees for education programs .
4 . County Taxation
Your committee expressed reservations of the inclusion of this
bill to the 1986 HSAC legislative package . The committee
raised concerns on penalizing a particular industry.
5 . Public Utilities Commission
Your committee expressed reservations on this bill for
inclusion in the 1986 HSAC legislative package .
6 . State-Operated Lottery System - S.B. 495 , S.D. 1
Your committee expressed reservations on this bill for
inclusion in the 1986 HSAC legislative. package .
7 . Appropriation for Sewerage and Wastewater Treatment Systems
Your committee expressed agreement on this bill for inclusion
in the 1986 HSAC legislative package .
8 . Renewal of Driver 's Licenses
Your committee expressed agreement on this bill for inclusion
in the 1986 HSAC legislative package .
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