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Home My WebLink AboutCOM 0717.000 2016-2018 JNZV OF,, VALERIE T. POINDEXTER �;'•'' Phone: (808)961-8828 Council Chairwoman&Presiding Officer � ��t:`��i i t; - . Fax: (808)961-8912 Council District 1 Email: vpoindexter@co.hawaii.hi.us !OF•Mt.1a HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street, Suite 1402 Hilo, Hawai`i 96720 DATE: January 19, 2018 r TO: Members of the Hawai`i County Council 03 FROM: %.'Valerie T. Poindexter, Council Chairwoman. SUBJECT: A RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO PASS HOUSE BILL NO. 1767, RELATING TO ENFORCEMENT OF FOUR-WHEEL DRIVE VEHICLE USE AND TOUR OPERATOR REQUIREMENTS FOR ACCESS TO MAUNA KEA SCIENCE RESERVE AND WAIPI`O VALLEY. Attached is a resolution is to support H.B. No. 1767 that will be presented at the 2018 Hawai`i State Legislature, currently in session. Also attached for your convenience and reference is H.B. 1767. Due to the time-sensitive 2018 Legislative calendar, this item will be waived through Committee and placed on the agenda for the February 7, 2018, Council meeting, Thank you. VP/sc Att. <R65. 4Ns-1 ?7 Comm. No. `7 ( 7 Ref. Ic: __A w r2-6.0c.)Ref. Date i 1 i Hawai`i County is an Equal Opportunity Provider and Employer HOUSE OF REPRESENTATIVES 111°1 TWENTY-NINTH LEGISLATURE, 2018 H B N STATE OF HAWAII A BILL FOR AN ACT RELATED TO MOTOR VEHICLES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended 2 by adding a new section to part I to be appropriately designated 3 and to read as follows: 4 "§46- Enforcement of four-wheel drive vehicle use and 5 tour operator requirement; Waipio valley. Each county may 6 confer upon its employees or other individuals as it deems 7 reasonable and necessary the power to issue fines for the 8 enforcement of section 291C- (a) (1) and (b) (1) . " 9 SECTION 2 . Chapter 291C, Hawaii Revised Statutes, is 10 amended by adding a new section to part XII to be appropriately 11 designated and to read as follows: 12 "§291C- Mauna Kea and Waipio valley access; required 13 four-wheel drive vehicle use; tours. (a) The use of any 14 vehicle for traversing the following roadways shall be 15 prohibited: • 16 (1) The connecting roadway corridor between the Waipio 17 valley lookout and the floor of Waipio valley; and • HB LRB 18-0191-2.doc III��III��liQ1��lQllI 111 MEM • Page 2 H . B . NO . t476 1 (2) The connecting roadway corridor between Hale Pohaku 2 and the Mauna Kea Science Reserve; 3 provided that this subsection shall not apply to the use of a 4 low gear four-wheel drive vehicle, emergency vehicles when 5 responding to an emergency, law enforcement vehicles when in the 6 pursuit of an actual or suspected violator of the law, or upon 7 leaving a location. 8 (b) No individual or business shall transport another 9 individual for a fee on the following roadways absent a valid 10 permit issued by the State to operate on these corridors: 11 (1) The connecting roadway corridor between the Waipio 12 valley lookout and the floor of Waipio valley; and 13 (2) The connecting roadway corridor between Hale Pohaku 14 and the Mauna Kea Science Reserve. 15 (c) Violation of this section shall subject the driver of 16 the vehicle to a fine of $250. 17 For purposes of this section, an all-wheel drive vehicle 18 shall not be considered to be a low gear four-wheel drive 19 vehicle. " HB LRB 18-0191-2.doc 2 I0I I[ 111 IICJI_II HEM Page H . B . NO . 1 / 41 1 SECTION 3. Chapter 304A, Hawaii Revised Statutes, is 2 amended by adding a new section to part IV, subpart 0, to be 3 appropriately designated and to read as follows: 4 "§304A- Enforcement of four-wheel drive vehicle use and 5 tour operator requirement; Mauna Kea. The University of Hawaii 6 may confer upon its employees or other individuals as it deems 7 reasonable and necessary the power to issue fines for the 8 enforcement of section 291C- (a) (2) and (b) (2) . " 9 SECTION 4 . This Act does not affect rights and duties that 10 matured, penalties that were incurred, and proceedings that were 11 begun before its effective date. 12 SECTION 5. New statutory material is underscored. 13 SECTION 6. This Act shall take effect on July 1, 2018 . 14 INTRODUCED BY: #4944 — JAN. 1. 6 2018 HB LRB 18-0191-2.doc 3 llhI[iI If IU 111III IIllI 1IIII H . B . NO . 1167 Report Title: Waipio Valley; Mauna Kea; Roadway; Four-Wheel Drive Vehicles; Rental Motor Vehicles; Tour Operators Description: Prohibits access to Mauna Kea Science Reserve and Waipio valley, except through the use of a low-gear four-wheel drive vehicle. Requires tours of the Mauna Kea Science Reserve and Waipio valley to obtain a certification for Hawaii' s professional tour guides. Authorizes the counties and UH to appointment individuals to enforce the restrictions. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. • HB LRB 18-0191-2.doc. hIFI i[ �11��IHEIHRI T DRU MAMO KANUHA J�tv os h ' AARON S.Y. CHUNG Council Member �" - \,1;7 MAIZE MEDEIROS DAVID • ism'',=„�:�/,�:•' KAREN EOFF JENNIFER RUGGLES - SUSAN L.K.LEE LOY Vice Chair ,•+f°�o; •;::��`. EILEEN O'HARA ...• VALERIE T.POINDEXTER HERBERT M."TIM”RICHARDS,III HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo,Hawai`i 96720 January 19, 2018 Valerie T. Poindexter, Chairperson Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 RE: Resolution ac-B l4 No. 485-18 : A Resolution Urging The Hawai`i State Legislature To Pass House Bill No. 1767, Relating To Enforcement Of Four-Wheel Drive Vehicle Use And Tour Operator Requirements For Access To Mauna Kea Science Reserve And Waipi`o Valley. Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawai`i, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Governmental Relations and Economic Development to the full Council for immediate action. In reviewing this matter,timely approval is crucial. It is therefore advantageous that approval is granted and the matter be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Governmental Relations and Economic Development for placement on its future agenda. - Sincerely, Dru Mamo Kanuha, Chairperson Committee on Governmental Relations and Economic Development Approve Date/Waive to Council: Disapproved/Date/Refer to GREDC: 7/2172‘L Valerie T. Poindexter, Chairperson / JI /INIzols Valerie T. Poindexter, Chairperson Hawaii County Council Hawai`i County Council • Hawai`i County is an Equal Opportunity Provider and Employer