HomeMy WebLinkAboutREP PC 038 05/28/1985 1984-1988 41/
REPORT OF THE
COMMITTEE ON PLANNING
DATE: May 28, 1985
PLACE: Councilroom
TIME: 1:30 p.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii
Your Committee on Planning, to which was referred Communication
No. 177 , which transmits a memo from the staff of the
Inter-Governmental Relations '(IGR) Committee of the Hawaii State
Association of Counties - (HSAC) to HSAC Chairman George Akahane,
regarding an analysis of HSAC' s 1985 legislative package, reports as
follows:
The above-mentioned memo discusses many pending HSAC-sponsored
measures , as well as other major bills , and offers reasons for and
against continued HSAC endorsement of, or opposition to, each of the
bills . The memo also includes staff recommendations regarding these
bills . Council action is required on the recommendation.
The following is a list of bills and the recommendations pertaining '
to each bill:
I. Programs Opposed By HSAC
In 1985, HSAC adopted policy positions opposing enactment
of the proposed State Water Code andany infringement of
present county home-rule which may be effected by a ' --
proposed LESA Agricultural Land Classification 'System.
Both bills will carry over into. the 1986 Session.
A. State Water Code
I . . Recommendation
a. HSAC should continue to oppose water code
enactment since a need at this time for greater
State regulatory intervention still has not
been demonstrated.
B. LESA Commission
1 . Recommendation
a. HSAC should continue opposition to any LESA'
Agricultural Land Classification System which
would usurp or undermine present county land
use regulatory authority. This position would
be subject to modification pending the final
administrative structure and contents of a LESA
system which should be unveiled in 1986 .
PC REPORT No . 38
ADOPTED: JUN ' 5 1985
• •
pC- 38 Page 2 May 28, 1985
II. HSAC Sponsored Legislative Proposals
A. State & County Revenue Sharing - S.B. 1319
1 . Recommendation
a. HSAC should actively seek enactment of this
bill, or any similar pending measure, only if
enactment of the "Kiyabu Plan" is not pursued
by the Legislature next year .
B. The Kiyabu Plan - S.B. 1185 , S.D. 1, H.D. 1
1 . Recommendation
a. HSAC should actively seek enactment of this
bill. The 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 .
C. The "Senate Plan" - H.B. 1350, H.D. 1, S.D. 1
1 . Recommendations
a. HSAC should not support enactment of the
"Senate Plan because the Plan ignores the
inadequacy of the present Grants-in-Aid
program, it ignores the heavy burden in
financing county governments , already born by
real property taxpayers; and HSAC is already on
record as favoring the Kiyabu Plan.
2 . The portion of the "State Plan" which exempts the
counties from the 4% general excise tax should be
supported by HSAC.
D. County 1% Excise Taxing Authority - S.B. 270, H.B. 1263
1 . Recommendation
a. HSAC should reconsider promotion of this bill
as part of its 1986 Legislative Package .
E. Exempting The Counties From The 4% Excise Tax -
S.B. 269; H.B. 1263 & 1320; H.B. 135 As Amended
1. Recommendation
a. HSAC should continue pursuing enactment of this
proposal as a secondary legislative priority.
r
411 •
PC-38 Page 3 r May 28, 1985
F. Fines & Forfeitures - S.B. 716 & 1321; H.B. 1266
1 . Recommendation
a. As a compromise, HSAC should seek amendment to
the pending Fine & Forfeiture bills which would
give the counties 50% of the fines &
forfeitures unless such funds are needed to
cover court costs in enforcing animal and
traffic codes .
2 . Pursuit of these bills next year should be a
secondary HSAC Legislative priority due to the
comparatively small amount of funds involved.
G. County Antitrust Exemption - S.B. 1401; H.B. 1265
1. Recommendation
a. 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 .
H. County Tortfeasor Liability - S.B. 277; H.B. 960
1 . Recommendation
a. It is recommended that HSAC seek an active role
in Interim Legislative Committee established to
examine the problem of county tortfeasor
liability. It is recommended that enactment of
any of the county tortfeasor bills continue to
be a top legislative priority of HSAC.
Your committee has reviewed and concurs with the IGR Committee 's
recommendations listed above and recommends that Council accept all
of them.
/` TAKASHI DOMINGO, CHAI AN
0101Wkite
-S' .�'• R K. SCHUTTE, VICE CHR. FRANK DE LUZ, III, ,MEMBER
(-2AK) r
;461,0„.„
RO ERT N. HERKES, EMB R %R\A IN . 45H�eTT , E/ BER
f // /1
ty.44_,Lek .
JSSELL S. KOKUBUN, MEMBER MERLE K.' LAI, MEMB "�}
LA/TN