HomeMy WebLinkAboutCOM 0636.001 2018-2020 County of Hawai`i J�tr es Office: (808)961-8265
Council District 4- ^ a�%�; Fax: (808)961-8912
Lower Puna *E4‘.":‘. ashley.kierkiewicz@hawaiicounty.gov
ire•
EoF.„'.N..�.;'``.
ASHLEY L. KIERKIEWICZ
HAWAII COUNTY COUNCIL—DISTRICT 4
Chair:Committee on Planning,and Committee on Government Relations&Economic Development cr it •••
25 Aupuni Street • Hilo,Hawai`i 96720
DATE: November 25,2019
Ln '
TO: Aaron S.Y. Chung, Council Chairperson
And Members of the Hawai i County Council 7J,
FROM: Ashley L. Kierkiewicz, Council Member
SUBJECT: Follow up to Communication No. 636 -Council Adoption of the Proposed 2020 HSAC
Legislative Package
At its meeting of November 25, 2019,the Executive Committee of the Hawaii State Association
of Counties (HSAC) approved the adoption of eight bills to comprise the 2020 HSAC Legislative
Package and to send these eight measures to the respective councils for their approval, as
required by the HSAC bylaws.
These eight measures are as follows:
1. Bill for an Act Relating to Housing Development
2. Bill for an Act Relating to Transient Accommodations Tax
3. Bill for an Act Relating to Tobacco Products
4. Bill for an Act Relating to Registration of Vehicles (Outstanding Charges)
5. Bill for an Act Relating to Registration of Vehicles (U-Drive Additional Fee)
6. Bill for an Act Relating to Tort Liability
7. Bill for an Act Relating to the Use of Intoxicants While Operating a Vehicle
8. Bill for an Act Relating to Cesspools
Attached for your review,please find an overview sheet as well as copies of these bills.
The Executive Committee reviewed 16 bill proposals, and selected eight measures based on
concerns shared by all HSAC member counties including the need for affordable housing, public
health and safety, dealing with overcapacity at recreational and public spaces, and equity.
Recognizing the need to address numerous challenges with limited resources, the Executive
Committee had robust and thoughtful dialogue around which bills to elevate into the 2020 HSAC
Legislative Package.
Comm. N I `��” 'I
Serving the Interests of the People of Our Island Ref.To: pl 110111101
Hawai`i County is an Equal Opportunity Provider and Employer Ref. Date DEC0 4 2.019,
In the past, HSAC's legislative packages have included a total of five or six measures. The
Executive Committee will continue to have dialogue with members of the State Legislature to
determine which three of the eight measures to promote as its top priorities. Narrowing it down
to just a handful will not be an easy task, but it is a necessary one to demonstrate the body's
ability to focus, and for each county to compromise, and ultimately work together. For these
reasons, I ask for your favorable consideration of this approach and approval of this package.
Recommended Action: Motion to approve the 2020 HSAC Legislative Package as proposed by
the HSAC Executive Committee on November 25, 2019.
Serving the Interests of the People of Our Island
Hawai`i County is an Equal Opportunity Provider and Employer
HSAC 2020 LEGISLATIVE PACKAGE - OVERVIEW OF BILL PROPOSALS
1. Bill for an Act Relating to Housing Development
Amends section 20114-38, which provides for the exemption of housing development projects
from certain statutes, ordinances, and rules, etc. relating to development and construction, to
allow the legislative body of the county to approve a district boundary amendment for a housing
project involving less than fifteen acres of land or less, notwithstanding section 205-3.1(c)
authorizing the county land use decision-making authority to determine boundary amendments
involving land areas less than fifteen acres.
2. Bill for an Act Relating to Transient Accommodations Tax
Amends the allocation of transient accommodations tax revenues, recognizing the increased need
to maintain county parks due to the impact of our visitors to those parks, while considering the
distribution of duties and responsibilities for public services between the State and the counties
and to recommend a model for the allocation of TAT revenues.
3. Bill for an Act Relating to Tobacco Products
Repeals the State's preemptory powers over the regulation of tobacco products. Clarifies county
powers to adopt and enforce ordinances and rules.
4. Bill for an Act Relating to Registration of Vehicles (Outstanding Charges)
When a county director of finance ascertains that an applicant for registration of a motor vehicle
owes the county outstanding charges for the towing, removal, or disposal of an abandoned or
derelict vehicle,the director is authorized to require the payment of the outstanding charges as a
condition for the registration of the motor vehicle.
5. Bill for an Act Relating to Registration of Vehicles (U-Drive Additional Fee)
Changes the fee for a certificate of registration for a U-drive motor vehicle from $1 to $2, similar
to the fee paid for all other vehicles. This will allow the fee to be increased by a county,through
ordinance, up to $10 with amounts received from the increase to be used only for:
• The disposition of abandoned or derelict vehicles; and
• Related costs such as storage fees of a towing company contracted by the
county for the removal and disposition of abandoned or derelict vehicles.
Note:Act 274, SLH 1999, increased the registration fee to $2 for all motor vehicles, but retained
the $1 fee for U-drive vehicles, because the Legislature determined that the increase would be a
burden to the rental car industry.
.v
6. Bill for an Act Relating to Tort Liability
Exempts lifeguards, their employing counties, or the State, from tort liability arising from the
delivery of lifeguard services, except for civil damages arising from the lifeguard's gross
negligence, wanton act, or omission.
Serving the Interests of the People of Our Island
Hawai`i County is an Equal Opportunity Provider and Employer
7. Bill for an Act Relating to the Use of Intoxicants While Operating a Vehicle
Lowers the blood alcohol concentration for the offense of operating a vehicle while under the
influence of an intoxicant to .05 from .08.
Makes conforming amendments to section 291 E-3, evidence of intoxication, which were not
included in the earlier version, and conforms to the definition of"measurable amount of
alcohol."
8. Bill for an Act Relating to Cesspools
Extends the tax credits for the upgrade, conversion, or connection of qualified cesspools to a
sewer system, and eliminates the requirements that cesspools are: located within 500 feet of a
shoreline,perennial stream or wetland, or a source of water assessment program area; or are
shown to impact drinking water supplies.
•
Serving the Interests of the People of Our Island
Hawai`i County is an Equal Opportunity Provider and Employer
REVISED:
1ST DRAFT DATE:
. B . NO .
A BILL FOR AN ACT
RELATING TO HOUSING DEVELOPMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Section 201H-38, Hawaii Revised Statutes, is _
2 amended by amending subsection (a) to read as follows :
3 " (a) The corporation may develop on behalf of the State or
4 with an eligible developer, or may assist under a government
5 assistance program in the development of, housing projects that
6 shall be exempt from all statutes, ordinances, charter
7 provisions, and rules of any government agency relating to
8 planning, zoning, construction standards for subdivisions,
9 development and improvement of land, and the construction of
10 dwelling units thereon; provided that:
11 (1) The corporation finds the housing project is
12 consistent with the purpose and intent of this
13 chapter, and meets minimum requirements of health and
14 safety;
15 (2) The development of the proposed housing project does
16 not contravene any safety standards, tariffs, or rates
17 and fees approved by the public utilities commission
XXX-00 (12)
Page 2
. B . NO .
1 for public utilities or of the ,various boards of water
2 supply authorized under chapter 54;
3 (3) The legislative body of. the county in which the
4 housing project is to be situated: [shall have
5 approved the project with or without modifications : ]
6 (A) [The legislative body shall] Shall approve,
7 approve with modification, or disapprove the
8 project by resolution within forty-five days
9 after the corporation has submitted the
10 preliminary plans and specifications for the
11 project to the legislative body. If on the
12 forty-sixth day a project is not disapproved, it
13 shall be deemed approved by the legislative body;
14 and
15 (B) Notwithstanding section 205-3 . 1 (c) , shall approve
16 a district boundary amendment for a housing
17 •
project involving a land area of fifteen acres or
18 ' less .
19 No action shall be prosecuted or maintained against
20 any county, its officials, or employees on account of
21 actions taken by them in reviewing, approving,
XXX-00 (12)
Page 3
. B . NO .
1 modifying, or disapproving the plans and
2 specifications [; and
3 . (C) ] . The final plans and specifications for the
4 project shall be deemed approved by the legislative
5 body if the final plans and specifications do not
6 substantially deviate from the preliminary plans and
7 specifications. The final plans and specifications
8 for the project shall constitute the zoning, building,
9 construction, and subdivision standards for that
10 project. For purposes of sections 501-85 and 502-17,
11 the executive director of the corporation or the
12 responsible county official may certify maps and plans
13 of lands connected with the project as having complied
14 with applicable laws and ordinances relating to '
15 consolidation and subdivision of lands, , and the maps
16 and plans shall be accepted for registration or
17 recordation by the land court and registrar [; and
18 (4) The land use commission shall approvc, approvc with
19 modification, or disapprove a boundary changc within
20 forty five days after thc corporation has submitted a
21 pctition to thc commission as provided in section 205
22 1 . If, on the forty sixth day, the petition is not
)
XXX-00 (12)
Page 4
. B . NO .
1 disapprovcd, it shall be dccmcd approvcd by the
2 commission] . "
3 SECTION 2 . Statutory material to be repealed is bracketed
4 and stricken. New statutory material is underscored.
5 SECTION 3 . This Act shall take effect upon its approval.
6 INTRODUCED BY:
7 BY REQUEST
8
XXX-00 (12)
Page 5
. B . NO .
Report Title:
Housing Development; Affordable housing land use district
boundary amendment.
Description:
Provides a county' s legislative body the ability to review and
approve land use district boundary amendments for affordable
housing projects that are on fifteen acres of less .
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
XXX-00 (12)
REVISED:
1ST DRAFT DATE:
. B • NO •
A BILL FOR AN ACT
RELATING TO TRANSIENT ACCOMMODATIONS TAX.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Section 237D-6. 5, Hawaii Revised Statutes, is
2 amended to read as follows :
3 "§237D-6.5 Remittances; distribution to counties. (a) All
4 remittances of taxes imposed under this chapter shall be made by
5 cash, bank drafts, cashier' s check, money order, or certificate
6 of deposit to the office of the taxation district to which the
7 return was transmitted.
8 (b) Except for the revenues collected pursuant to section
9 237D-2 (e) , revenues collected under this chapter shall be
10 distributed in the following priority[,,—] : [with thc excess
11 revenues to be deposited into thc general fund: ]
12 (1) $1, 500, 000 shall be allocated to the Turtle Bay
13 conservation easement special fund beginning July 1,
14 2015, for the reimbursement to the state general fund
15 of debt service on reimbursable general obligation
16 bonds, including ongoing expenses related to the
17 issuance of the bonds, the proceeds of which were used
18 to acquire the conservation easement and other real
XXX-00 (12)
•
Page 2
. B . NO .
1 property interests in Turtle Bay, Oahu, for the
2 protection, preservation, and enhancement of natural
3 resources important to the State, until the bonds are
4 fully amortized;
5 (2) $16, 500, 000 shall be allocated to the convention
6 center enterprise special fund established under
7 section 201B-8;
8 (3) $3, 000, 000 shall be allocated to the special land and
9 development fund established under section 171-19; •
10 provided that the allocation shall be expended in
11 accordance with the Hawaii tourism authority strategic
12 plan for:
13 (A) The protection, preservation, maintenance, and
14 enhancement of natural resources, including
15 • beaches, important to the visitor industry;
16 (B) Planning, construction, and repair of facilities;
17 and
18 (C) Operation and maintenance costs of public lands,
19 including beaches, connected with enhancing the
20 visitor experience;
21 (4) [$79, 000, 000] $82, 000, 000 shall be allocated to the
22 tourism special fund established under section 201B-
XXX-00 (12)
• Page 3
. B . NO .
1 11 [;-] , which shall be adjusted annually to reflect the
2 percentage change in the Consumer Price Index for all
3 Urban Consumers published by the Bureau of Labor
4 Statistics of the federal Department of Labor;
5 provided that:
6 (A) [Beginning on July' 1, 2012, and cnding on Junc
7 30, 2015, $2, 000, 000 shall be expended from the
8 tourism special fund for development and
9 implementation of initiatives to take advantage
10 of cxpandcd visa programs and increased travel
11 opportunities for international visitors to
12 Hawaii;
13 (B) ] Of the [$79, 000, 000] amount allocated to the
14 tourism special fund:
15 (i) $1, 000, 000 shall be allocated for the
16 operation of a Hawaiian center and the
17 museum of Hawaiian music and dance; and
18 (ii) 0 . 5 per cent [of the $79, 000, 000] shall be
19 transferred to a sub-account in the tourism •
20 special fund to provide funding for a safety
21 and security budget, in accordance with the
22 Hawaii tourism strategic plan 2005-2015; and
XXX-00 (12)
Page 4
•
. B . NO .
1 [ (C) ] (B) Of the revenues remaining in the tourism special
2 fund. after revenues have been deposited as provided in
3 this paragraph and except for any sum authorized by
4 the legislature for expenditure from revenues subject
5 • to this paragraph, beginning July 1, 2007, funds shall
6 be deposited into the tourism emergency special fund,
7 established in section 201B-10, in a manner sufficient
8 to maintain a fund balance of $5, 000, 000 in the
9 tourism emergency special fund;
10 (4) Of the excess revenues collected under this chapter:
• 11 (A) [$103, 000, 000] 45 per cent shall be allocated as
12 follows : Kauai county shall receive 14 . 5 per
13 cent, Hawaii county shall receive 18 . 6 per cent,
14 city and county of Honolulu shall receive 44 : 1
15 per cent, and Maui county shall receive 22 . 8 per
16 cent; provided. that commencing with fiscal year
17 2018-2019, a sum that represents the difference
18 between a county public employer' s annual
19 required contribution for the separate trust fund
20 established under section 87A-42 and the amount
21 of the county public employer' s contributions
22 into that trust fund shall .be retained by the
XXX-00 (12)
Page 5
. B . NO .
1 state director of finance and deposited to the
2 credit of the county public employer' s annual
3 required contribution into that trust fund in
4 each fiscal year, as provided in section 87A-42,
5 if the respective county fails to remit the total
6 amount of the county' s required annual
7 contributions, as required under section 87A-43;
8 and
9 (B) 55 per cent shall be deposited to the general
10 fund.
11 [ (5) $3, 000, 000 shall be allocated to the spccial land and
12 development fund established under section 171 19;•
13 provided that the allocation shall be expended in
14 accordance with the Hawaii tourism authority strategic
15 plan for:
16 (A) The protection, prescrvation, maintenance, and .
17 enhancement of natural rccourccc, including
18 beaches, important to the visitor industry;
19 (B) • Planning, construction, and repair of facilities;
20 and •
XXX-00 (12)
Page 6
. B . NO .
1 (C) Operation and maintcnancc costs of public lands,
2 including bcachcs, conncctcd with cnhancing the
3 visitor cxpericncc. ]
4 All transient accommodations taxes shall be paid into the
5 state treasury each month within ten days after collection and
6. shall be kept by the state director of finance in special
7 accounts for distribution as provided in this subsection.
8 As used in "this subsection, "fiscal year" means the twelve-
9 month period beginning on July 1 of a calendar year and ending
10 on June 30 of the following calendar year.
11 (c) On or before January or July 1 of. each year or after
12 the disposition of any tax appeal with respect to an assessment
13 for periods after June 30, 1990, the state director of finance
14 shall compute and pay the amount due as provided in subsection
15 (b) to the director of finance of each county to become a
16 general realization of the county expendable as such, except as
17 otherwise provided by law. "
18 SECTION 2 . Statutory material to be repealed is bracketed
19 and stricken. New statutory material is underscored.
20 SECTION 3 . This Act shall effect upon its approval .
21 INTRODUCED BY:
22 BY REQUEST
XXX-00 (12)
Page 8
. B . NO .
Report Title:
Transient Accommodations Tax; allocations .
Description:
Amends the allocation of transient accommodations tax revenues
based upon the recommendations of the State-County Functions
Working Group established by Act 174, Session Laws of Hawaii
2014, to consider the distribution of duties and
responsibilities for public services between the State and the
counties and to recommend a model for the allocation of TAT
revenues .
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
XXX-00 (12)
HOUSE OF REPRESENTATIVES � O .THIRTIETH LEGISLATURE, 2019 H . B .
tr
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TOBACCO PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Section 328J-15, Hawaii Revised Statutes, is
2 amended to read as follows :
3 " [-[1 §328J-15 [}] County ordinances. (a) Nothing in this
4 chapter shall be construed to supersede or in any manner affect
5 a county smoking ordinance[;] and the authority of any county to
6 adopt and enforce additional ordinances or rules that regulate
7 . the sale of cigarettes, tobacco products, and electronic smoking
8 devices; provided that the ordinance or rule is at least as
9 protective of the rights of nonsmokers as this chapter.
10 (b) Nothing in this chapter shall prohibit a county from
11 enacting ordinances or rules more stringent than this chapter. "
12 SECTION 2 . Section 328J-11 . 5, Hawaii Revised Statutes, is
13 repealed.
14 [" [5328J 11.5] Statewide concern. (a) Sales of
15 cigarettcc, tobacco products, and electronic smoking device arc
16 a statewide concern. It is the intent of the legiclature to
HB LRB 19-0394 .doc
IIIII SII IVIIIVII I Mii i II 111111I111uhi 111111 U
Paget H . B . 1 i '?9
1 regulate the sale of cigarettes,, tobacco products, and
2 cicctronic smoking devices in a uniform and exclusive manner.
3 (b) All local ordinances or regulations that regulate the
4 sale of cigarettes, tobacco products, and cicctronic smoking •
6 conflicting with this chapter arc null and void.
7
8 county' s authority under section 328J 15 . " ]
9 SECTION 3 . Statutory material to be repealed, is bracketed •
10 and stricken. New statutory material is underscored.
11 SECTION 4 . This Act shall take effect upon its approval .
12 •
INTRODUCED BY:
By Request
JAN 1 7 2019
HB LRB 19-0394 .doc 2
I I I 1111111 11111111111-11111 O'11111111111111
N
•
H . B . NO . 199
Report Title:
HSAC Package; Hawaii State Association of Counties; Tobacco
Products; State and County
Description:
• Repeals the State ' s preemptory powers over the regulation of
tobacco products . Clarifies the county powers to adopt and
enforce ordinances and rules .
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 19-0394 .doc
IIIIIII IIII1IIVIII IIII IDD II ILII II IIIH IIII IIHII
THE SENATE ■ B ■ NO . 151
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
JAN 18.2019
A BILL FOR AN ACT
RELATING TO TOBACCO PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Section 328J-15, Hawaii Revised Statutes, is
2 amended to read as follows :
3 " [41 §328J-15 [4-] County ordinances. (a) Nothing in this
4 chapter shall be construed to supersede or in any manner affect
5 a county smoking ordinance[;] and the authority of any county to
6 adopt and enforce additional ordinances or rules that regulate
7 the sale of cigarettes, tobacco products, and electronic smoking
8 devices; provided that the ordinance or rule is at least as
9 protective of the rights of nonsmokers as this chapter.
10 (b) Nothing in this chapter shall prohibit a county from
11 enacting ordinances or rules more stringent than this chapter. "
12 SECTION 2 . Section 328J-11 .5, Hawaii Revised Statutes, is
13 repealed.
14 . : - • - - - - - - -- . - - -
15 - - , _ _- "_ _ __ , - _ - - - - -_ _ - . ' -- - -
16 a statcwidc conccrn. It is thc intcnt of thc lcgiclaturc to
SB LRB 19-0394 .doc
II IIIIII�IIIOILII III IIIIII II IIIIOIIIII00II
•
Page2S . B . NO . /•
•
1 regulate the sale of ciga'rcttcs, tobacco products, and
2 electronic smoking devices in a uniform and exclusive manner.
3 (b) All local ,ordinanccs or rcgulations that rcgulatc the
4
5 dcviccs arc prccmptcd, and cxieting local, laws and rcgulations
6 conflicting with this chapter arc null ai.d void.
7 (c) Nothing in this chapter shall be construed to limit a
8 county's authority under section 328J 15 . " ]
9 SECTION 3 . Statutory material to be repealed is bracketed
10 and stricken. New statutory 'Material is underscored.
11 SECTION 4 . This Act shall take effect upon its approval .
12
INTRODUCED BY: //hf4(//•
By Request
•
SB LRB 19-0394 .doc 2
IIIIIIIIIIIIIIIIIIIIIII IIIIII IIPIIIIIIIIII III
.
S . B . NO . /S?
Report Title:
HSAC Package; Hawaii State Association of Counties; Tobacco
Products; State and County
Description:
Repeals the State' s preemptory powers over the regulation of
tobacco. products . Clarifies the county powers to adopt and
enforce ordinances and rules .
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
•
SB LRB 19-0394 .doc
IIR!IIIIIIIILIIII IIIA VIII�II�IIfll�lll�IIIIIII�IIIIIIIII�IIII
REVISED:
s 1ST DRAFT DATE:
NO •
A BILL FOR AN ACT
RELATING TO REGISTRATION OF VEHICLES .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that some individuals and
2 entities intentionally abandon vehicles on roads and highways
3 throughout the State, and that it is difficult for the counties
4 to recoup the costs of towing and disposal. The legislature
5 finds that if the counties are able to require that the costs of
6 towing and disposal are paid as a condition precedent to
7 registration of vehicles that the counties would have an easier
8 time recouping their costs .
9 SECTION 2 . Section 286-51, Hawaii Revised Statutes, is
10 amended by amending subsection (a) to read as follows :
11 " (a) The certificate of registration for each motor vehicle
12 in the counties of the State shall be renewed on a staggered
13 basis as established by each county. ,The director of finance of
14 each county may adopt rules to carry out the purposes stated in
15 this section and shall expend the necessary funds from the
16 ldirector' s operating funds as may be necessary for these
17 purposes; provided that the director of finance, if the director
,18 has ascertained as of the date of the application that the
XXX-00 (12)
Page 2
. B . NO .
1 registered owner has not deposited or paid bail with respect to
2 any summons or citation issued to the registered owner for
3 stopping, standing, or parking in violation of traffic
4 ordinances within the county, or has outstanding charges owed to
5 the county for the towing, removal, or disposal of an abandoned
6 or derelict vehicle within the county, may require, as a
7 condition precedent 'to the renewal, that the registered owner
8 deposit or pay bail with respect to all such summonses, [e- ]
9 citations [-] , or outstanding charges . The certificates of
10 registration issued hereunder shall show, in addition to all ,
11 information required under section 286-47, the serial number of
12 the tag or emblem and shall be valid during the registration
13 year only for which they are issued. The certificates of
' 14 ownership need not be renewed annually but shall remain valid as
15 to any interest shown therein until canceled by the director of
16 finance as provided by law or replaced by new certificates of
17 ownership as hereinafter provided. "
18 SECTION 3'. Section 286-52, Hawaii Revised Statutes, is
19 amended by amending subsection (c) to read as follows :
20 " (c) Subsection (b) , requiring a transferee to forward the
21 certificate of ownership after endorsement to the director of
22 finance, shall not apply to the transferee of a vehicle who was
XXX-00 (12)
Page 3
. B . NO .
1 not intending to and does not drive the vehicle or permit the
2 vehicle to be driven upon the public highways, but every such
3 transferee, upon transferring the transferee' s interest or title
4 to another, shall give notice of the transfer to the director of .
5 finance and endorse the certificate of ownership to the new
6 legal owner and the certificate of registration to the new
7 owner; provided that if the director of finance has ascertained,
8 as of the date of the application that the registered owner has
9 not
or deposited paid bail with respect to any summons or
P
10 citation issued to the registered owner for stopping, standing, •
11 or parking in violation of traffic ordinances within the county,,
12 or has outstanding charges owed to the county for the towing,
13 removal, or disposal of an abandoned or derelict vehicle within
14 the county, the director may require, as a condition precedent
15 to the transfer, that the registered owner deposit or pay bail
16 with respect to all such summons, [or] citations [—] , or
4
17 outstanding charges . "
18 SECTION 4 . Statutory material to be repealed is bracketed
19 and stricken. New statutory material is underscored.
20 SECTION 5 . This Act shall take effect on July 1, 2020 .
21 INTRODUCED BY:
22 BY REQUEST
XXX-00 (12)
Page 4
. B . NO .
Report Title:
Motor Vehicle Registration; Director of Finance; Outstanding
Charges
Description:
Allows the director of finance of a county to require payment of
outstanding charges owed to the county for the towing, removal,
or disposal of an abandoned or derelict vehicle within the
county before issuing a motor vehicle certificate of
registration.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
XXX-00 (12)
REVISED:
1ST DRAFT DATE:
. B . NO .
A BILL FOR AN ACT
RELATING TO REGISTRATION OF VEHICLES . •
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Section 286-51, Hawaii Revised Statutes, is
2 amended by amending subsection (b) to read as follows :
3 " (b) This part shall be administered by the director of
4 finance in conjunction with the requirements of sections 249-1
•
5 to 249-13 and shall entail no additional expense or charge to
6 the person registering the ownership of a motor vehicle other
7 than as provided by this section or by other laws; provided that
8 for each new certificate of ownership issued by the director of
9 finance under section 286-52, the director of finance may charge
10 a fee which shall be deposited in the general fund. The fees
11 charged to issue a new certificate of ownership shall be
12 established by the county' s legislative body.
13 Notwithstanding any other law to the contrary, an
14 additional fee of not more than [$1 for each certificate of
15 registration for a U-drivc motor vehicle and] $2 for each
16 certificate of registration for all [other] motor vehicles may
17 be established by ordinance and collected annually by the
•
XXX-00 (12)
Page 2
. B . NO .
1 director of finance of each, county, to be used and administered
2 by each. county:
3 (1) ' For the purpose of beautification and other related
• 4 activities of highways under the ownership, control,
5 and jurisdiction of each county; and
6 (2) To defray the additional cost in the disposition and
7 ' other related activities of abandoned or derelict •
8 vehicles as prescribed in chapter 290 . For the
9 purposes of this paragraph, other related activities
10 shall include but need not be limited to any and all
11 storage fees that are negotiated between each county
12 and a towing company contracted by the county to
13 remove and dispose of abandoned or derelict vehicles .
14 The $2 fee established pursuant to' this subsection for
15 certificates of registration for all motor vehicles [othcr than
16 U drivc motor vchicics] may be increased by ordinance up to a
17 maximum of $10; provided that all amounts received from any fee
18 increase over $2 shall be expended only for the purposes of
19 paragraph (2) . The moneys so assessed and collected shall be
20 placed in a revolving fund entitled, "the highway. beautification
21 and disposal of abandoned or derelict , vehicles revolving fund". "
XXX-00 (12)
Page 3
. B . NO .
1 SECTION 2 . Statutory material to be repealed is bracketed
2 and stricken. New statutory material if underscored.
3 SECTION 3 . This Act shall take. effect upon its approval.
4
5 SECTION 3 . Section 286-52, Hawaii Revised Statutes,' is
6 amended by amending subsection (c) to read as follows :
7 " (c) Subsection (b) , requiring a transferee to forward the
8 certificate of ownership after endorsement to the director of
9 finance, shall not apply to the transferee of a vehicle who was
10 not intending to and does not drive the vehicle or permit the
11 vehicle to be driven upon the public highways, but every such
12 transferee, upon transferring the transferee' s interest or title
13 to another, shall give notice of the transfer to the director of
14 finance and endorse the certificate of ownership to the new
15 legal owner and the certificate of registration to the new
16 owner; provided that if the director of finance has ascertained
17 as of the date of the application that the registered owner has
18 not deposited or paid bail with respect to any summons or
19 citation issued to the registered owner for stopping, standing,
20 or parking in violation of traffic ordinances within the county,
21 or has outstanding charges owed to the county for the towing, •
22 removal, or disposal of an abandoned or derelict -vehicle within
XXX-00 (12)
•
Page 4
. B . NO .
, 1 the county, the director may require, as a condition precedent
2 to the transfer, that the registered owner deposit or pay bail
3 with respect to all such summons, [or] citations [—] , or
4 outstanding charges . "
5 SECTION 4 . Statutory material to be repealed is bracketed
6 and stricken. New statutory material is underscored.
•
7 SECTION 5 . This Act shall take effect on July 1, 2020 .
8
9 INTRODUCED BY:
10 BY REQUEST
11
XXX-00 (12)
Page 5
. B . NO .
Report Title:
Motor Vehicle Registration; U-drive additional fee.
Description:
Modifies the amount of the additional fee that a county may
assess U-drive motor vehicles for each certificate of
registration, and establishes a single fee with funds deposited
into the revolving fund for highway beautification and disposal
of abandoned and derelict vehicles .
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
XXX-00 (12)
REVISED:
1ST DRAFT DATE:
. B . NO .A BILL FOR AN ACT
RELATING TO TORT LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The liability protections afforded to lifeguards
2 in Act 170, Session Laws of Hawai 'i 2002, were repealed on June
3 30, 2017 .. Act 170 provided liability protection for lifeguard
4 services on the beach or in the ocean, except for gross negligence
5 or wanton acts or omissions . This limited liability protection
6 was made necessary because some counties would not provide
7 lifeguard services at state beach parks, due to the fear of
8 potential liability that might ensue. The legislature finds that
9 Act 170 created a climate in which lifeguard services could be
10 provided by the counties without fear of liability and, therefore,
11 is a life saving measure that should be reestablished.
12 The purpose of this Act is to permanently reinstate the
13 liability protections, previously afforded for lifeguard
14 services .
15 SECTION 2 . Chapter 663, Hawai 'i Revised Statutes, is
16 amended by adding a new section to part I to be appropriately
17 designated and to read as follows :
XXX-00 (12)
Page 2
. B . NO .
1 "S663- Exception to liability for county lifeguard
2 services. (a) For the purposes of this section: •
3 "County lifeguard" means a person employed as a lifeguard by
4 a county of this State.
5 "Employing county" means the county employing a county
6 lifeguard.
7 (b) Notwithstanding any other law to the contrary, neither a
8 county lifeguard, the employing county, nor the State shall be
9 liable for any civil damages resulting from any act or omission of
10 the lifeguard while providing rescue, resuscitative, or other
11 lifeguard services on the beach or in the ocean in the scope of
12 employment as a county lifeguard; provided that this exception
13 from liability shall not apply when the claim for civil damages
14 arises from a county lifeguard' s alleged gross negligence or wanton
15 act or omission. "
16 SECTION 3 . This Act does not affect rights and duties that
17 matured, penalties that were incurred, and proceedings that were
18 begun before its effective date .
19 SECTION 4 . New statutory material is underscored.
20 SECTION 5 . This Act shall take effect upon its approval .
21 INTRODUCED BY:
22 BY REQUEST
XXX-00 (12)
Page 3
. B . NO .
Report Title:
Lifeguard Services exemption from liability
Description:
Makes an exemption from tort liability for the State and
counties arising from lifeguard services, except for gross
negligence or wanton acts or missions .
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
XXX-00 (12)
REVISED:
1ST DRAFT DATE:
. B . NO .
A BILL FOR AN ACT
RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that in 2013, the
2 National Transportation Safety Board recommended that all fifty
3 states adopt a Blood Alcohol Concentration (BAC) cutoff of 0 . 05
4 compared to the 0 . 08 standard. According to the National
5 Transportation Safety Board, lowering the rate to 0 . 05 would
6 save about five hundred to eight hundred lives annually.
7 According to the National Transportation Safety Board, a
8 driver with a BAC of 0 . 05 would be affected by exaggerated
9 behavior, loss of small-muscle control and eye focus, impaired
10 judgment, lowered alertness, and release of inhibition. This
11 would result in reduced coordination, reduced ability to track
12 moving objects, difficulty steering, and reduced response to
13 emergency driving situations .
14 The legislature further finds that lowering the threshold
15 of BAC cutoff to 0 . 05 would save lives, prevent catastrophic
16 injuries, and decrease medical costs .
17
XXX-00 (12)
Page 2
. B . NO .
1 The purpose of this Act is to lower the threshold of blood-
2 alcohol content for the offense of operating a vehicle while
3 under the influence of an intoxicant.
4 SECTION 2 . Section 291E-3, Hawaii Revised Statutes, is
5 amended to read as follows :
6 "§291E-3 Evidence of intoxication. (a) In any criminal
7 prosecution for a violation of section 291E-61 or 291E-61 . 5 or
8 in any proceeding under part III :
9 (1) [=4,4] . 05 or more grams of alcohol per one hundred
10 milliliters or cubic centimeters of the person' s
11 blood;
12 (2) [-�8-] . 05 or more grams of alcohol per two hundred ten
13 liters of the person' s breath; or
14 (3) The presence of one or more drugs in an amount
15 sufficient to impair the person' s ability to operate a
16 vehicle in a careful and prudent manner,
17 within three hours after the time of the alleged violation as
18 shown by chemical analysis or other approved analytical
19 techniques of the person' s blood, breath, or urine shall be
20 competent evidence that the person was under the influence of an
21 intoxicant at the time of the alleged violation.
XXX-00 (12)
Page 3
. B . NO .
1 (b) In any criminal prosecution for a violation of section
2 291E-61 or 291E-61 . 5, the amount of alcohol found in the
3 defendant' s blood or breath within three hours after the time of
4 the alleged violation as shown by chemical analysis or other
5 approved analytical techniques of the defendant ' s blood or
6 breath shall be competent evidence concerning whether the '
7 defendant was under the influence of an intoxicant at the time
8 of the alleged violation and shall give rise to the following
9 presumptions :
10 (1) . If there were [ . 05] . 02 or less grams of alcohol per
11 one hundred milliliters or cubic centimeters of
12 defendant' s blood or [ . 05] . 02 or less grams of
13 alcohol per two hundred ten liters of defendant ' s
14 breath, it shall be presumed that the defendant was
15 not under the influence of alcohol at the time of the
16 alleged violation; and
17 (2) If there were in excess of [ . 05] . 02 grams of alcohol
18 per one hundred milliliters or cubic centimeters of
19 defendant' s blood or [ . 05] . 02 grams of alcohol per
20 two hundred ten liters of defendant ' s breath, but less
21 than [44] . 05 grams of alcohol per one hundred
22 milliliters or cubic centimeters of defendant' s blood
XXX-00 (12)
Page 4
. B . NO .
1 or [=-W-8-] . 05 grams of alcohol per two hundred ten
2 liters of defendant' s breath, that fact may be
3 considered with other competent evidence in
4 determining whether the defendant was under the
5 influence of alcohol at the time of the- alleged
6 violation, but shall not of itself give rise to any
7 presumption.
8 (c) Nothing in this section shall be construed as limiting
9 the introduction, in any criminal proceeding for a violation
10 under section 291E-61 or 291E-61 . 5 or in any proceeding under
11 part III, Of relevant evidence of a person' s alcohol
12 concentration or drug content obtained more than three hours
13 after an alleged violation; provided that the evidence is
14 offered in compliance with the Hawaii rules of evidence. "
15 SECTION 3 .. Section 291E-61, Hawaii Revised Statutes, is
16 amended by amending subsection (a) to read as follows :
17 " (a) A person commits the offense of operating a vehicle
18 under the influence of an intoxicant if the person operates or
19 assumes actual physical control of a vehicle:
20 (1) While under the influence of alcohol in an amount
21 sufficient to impair the person' s normal mental
XXX-00 (12)
Page 5
. B . NO .
1 faculties or ability to care for the person and guard
2 . against casualty;
3 (2) While under the influence of any drug that impairs the
4 person' s ability to operate the vehicle in a careful
5 and prudent manner;
6 (3) With [ 8-] 0 . 05 or more grams of alcohol per two
7 hundred ten liters of breath; or
8 (4) ' With [4=4] 0 . 05 or more grams of alcohol per one
9 hundred milliliters or cubic centimeters of blood.
10 SECTION 4 . Section 291E-61 . 5, Hawaii Revised Statutes, is
11 amended by amending subsection (a) to read as . follows :
12 " (a) A person commits the offense of habitually operating a
13 vehicle under the influence of an intoxicant if:
14 (1) The person is a habitual operator of a vehicle while
15 under the influence of an intoxicant; and
16 (2) The person operates or assumes actual physical control
17 of a vehicle:
18 (A) While under the influence of alcohol in an amount
19 sufficient to impair the person' s normal mental
20 faculties or ability to care for the person and
21 guard against casualty;
XXX-00 (12)
Page 6
. B . NO..
1 (B) While under the influence of anydrugthat
2 impairs the person' s ability to operate the
3 vehicle in a careful and prudent manner;
4 (C) With [ 8-] 0 . 05 or more grams of alcohol per two
5 hundred ten liters of breath; or ,
6 (D) With [ &] 0 . 05 or more grams of alcohol per one
7 hundred milliliters or cubic centimeters of
8 blood. " '
9 SECTION 5 . 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 6. Statutory material to be repealed is bracketed
13 and stricken. New statutory material is underscored.
.14 SECTION 7 . This Act shall take effect upon its approval.
15 INTRODUCED BY:
16 BY REQUEST
17
XXX-00 (12)
Page 7
. B . NO .
Report Title:
Lowers the threshold of Blood Alcohol Concentration to 0 . 05 for
the offense of operating a vehicle while under the influence of
an intoxicant.
Description:
A driver with a Blood Alcohol Concentration of 0 . 05 would be
affected by exaggerated behavior, loss of small-muscle control
and eye focus, impaired judgment, lowered alertness, and release
of inhibition, resulting in reduced coordination, reduced
ability to track moving objects, difficulty steering, and
reduced response to emergency driving situations . Lowering the
threshold of Blood Alcohol Concentration to 0 . 05, from 0 . 08,
would save lives, prevent catastrophic injuries, and decrease
medical costs .
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
XXX-00 (12)
REVISED:
1ST DRAFT DATE:
. B . NO .
A BILL FOR AN ACT
RELATING TO CESSPOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that Act 132, Session
2 Laws of Hawaii 2018, established the cesspool conversion working
3 group to develop a long-range, comprehensive plan for conversion
4 of cesspools statewide by 2050 and commissioned a statewide
5 study of sewage contamination in nearshore marine areas to
6 further supplement studies and reports conducted by the
7 department of health on cesspools . The working group convened
8 in 2018 and has been working to meet the objectives set out in
9 Act 132; however, the working group needs an extension of the
10 lapse date of its funding and additional time to meet its
11 objectives .
12 The purpose of this Act is to:
13 (1) Extend various reporting deadlines and the sunset date
14 of the cesspool conversion working group; and
15 (2) Extend the lapse date of funds appropriated previously
16 for the comprehensive statewide study of sewage
17 contamination in nearshore marine areas and for
18 research and technical assistance necessary for
XXX-00 (12)
Page 2
. B . NO .
1 completion of the comprehensive cesspool conversion
2 plan.
3 SECTION 2 . Act 132, Session Laws of Hawaii 2018, is
4 amended by adding a new section to read as follows :
5 "SECTION 6. Money appropriated under sections 4 and 5 of
6 this Act shall not lapse at the end of the fiscal year for which
7 the money has been appropriated; except that any money
8 appropriated under sections 4 and 5 of this Act that are
9 unencumbered as of June 30, 2021, shall lapse on that date. "
10 SECTION 3 . Act 132, Session Laws of Hawaii 2018, section
11 2, is amended as 'follows :
12 1 . By amending subsection (e) to read:
13 " (e) The cesspool conversion working group shall submit an
14 interim report of its progress, including any preliminary
15 findings and recommendations, [including] and any proposed
16 legislation, to the legislature no later than [December 31,
17 2019, ] twenty days prior to the convening of the regular session
18 of 2021 and no later than twenty days prior to the convening of
19 the regular session of 2022, and shall submit a final report,
20 including findings, recommendations, and [ay] proposed
21 legislation, to the legislature no later than [twenty] sixty
XXX-00 (12)
Page 3
. B . NO .
1 days prior to the convening of the regular session of [2021 . ]
2 2023 . "
3 2 . By amending subsection (g) to read:
4 " (g) The working group shall be dissolved on January 14,
5 [2021 . ] 2023 . "
6 SECTION 4 . Act 132, Session Laws of Hawaii 2018, section
7 3, is amended by amending subsection (b) to read as follows :
8 " (b) The university of Hawaii water resources research
9 center and the department of health shall submit a report of
10 their findings and recommendations, including any proposed
11 legislation, to the cesspool conversion working group and the
12 legislature no later than [October 1, 2019. ] twenty days prior
13 to the convening of the regular session of 2022 . "
14 SECTION 5 . Act 132, Session Laws of Hawaii 2018, is
15 amended by amending section 6 to read as follows :
16 "SECTION [-6—] 7 . This Act shall take effect on July 1,
17 2018 . "
18 SECTION 6. Statutory material to be repealed is bracketed
19 and in strikethrough. New statutory material is underscored.
20 SECTION 7 . This Act shall take effect upon its approval.
21
22
XXX-00 (12)
Page 4 •
. B . NO . •
1 INTRODUCED BY:
2 BY REQUEST
3
•
XXX-00 (12)
Page 5
. B . NO .
Report Title:
Cesspool conversion working group, extension.
Description:
Extends various reporting deadlines and the sunset date of the
cesspool conversion working group; and extends the lapse date of
funds appropriated previously for: the comprehensive statewide
study of sewage contamination in nearshore marine areas; and for
research and technical assistance necessary for completion of
the comprehensive cesspool conversion plan.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
XXX-00 (12)