HomeMy WebLinkAboutResolution No. 2016-79, Draft 1COUNTY COUNCIL
COUNTY OF KAUAI
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C.5 � t 011 No. 2016 -79, Draft 1
RESOLUTION APPROVING PROPOSALS FOR INCLUSION
IN THE 2017 HAWAII STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE
OF HAWAII:
WHEREAS, legislative proposals have been submitted by member counties of
the Hawaii State Association of Counties (HSAC) for consideration by the county
councils for inclusion in the 2017 HSAC Legislative Package; and
WHEREAS, at its meetings of August 23, 2016, September 26, 2016, and
October 24, 2016, the HSAC Executive Committee approved for inclusion in
the 2017 HSAC Legislative Package the following:
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 Noise Control (City & County of Honolulu)
6. A Bill For An Act Relating To Community Meetings (County of Maui)
7. A Bill For An Act Relating To Identification Cards For Persons With
Disabilities (County of Maui)
8. A Bill For An Act Relating To Transient Accommodations Tax (County
of Maui)
9. A Bill For An Act Relating To The Conveyance Tax (County of Maui)
10. A Bill For An Act Relating To Government Records (County of Maui)
1
11. A Bill For An Act Relating To Important Agricultural Lands (County
of Maui)
12. A Bill For An Act Relating To Land Use (County of Maui)
13. A Bill For An Act Relating To Collective Bargaining (County of Maui)
WHEREAS, HSAC Bylaws require that all four counties approve each
proposal for inclusion in the HSAC Legislative Package; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI,
STATE OF HAWAII, that it hereby approves the following proposals attached
hereto for inclusion in the 2017 HSAC Legislative Package:
1. A Bill For An Act Relating To Tort Liability
2. A Bill For An Act Relating To Unadjudicated Traffic Fines
3. A Bill For An Act Making An Appropriation For Emergency Medical
Services
4. A Bill For An Act Relating To Unmanned Aerial Vehicles
5. A Bill For An Act Relating To Community Meetings
6. A Bill For An Act Relating To Identification Cards For Persons With
Disabilities
7. A Bill For An Act Relating To Transient Accommodations Tax
8. A Bill For An Act Relating To Government Records
9. A Bill For An Act Relating To Important Agricultural Lands
10. A Bill For An Act Relating To Collective Bargaining
BE IT FURTHER RESOLVED, that a certified copy of this Resolution be
transmitted to the HSAC Executive Committee.
Introduced by: /s/ MEL RAPOZO
V: \RESOLUTIONS \2014 -2016 TERM \2017 HSAC Leg Pkg Draft 1 AO_cy.docx
Certifitate Of Z(boption
lVe berebp certifp that 3egolution Po. 2016 -79, Mraft 1
bin abopteb by the Council of the County of Raua`i, 6tate of
319aWai`i, Xlbu`e, Raua`i, joabiaN, on ,0,obember 16, 2016.
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Dateb ,tobember 18, 2016
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Certifitate Of Z(boption
lVe berebp certifp that 3egolution Po. 2016 -79, Mraft 1
bin abopteb by the Council of the County of Raua`i, 6tate of
319aWai`i, Xlbu`e, Raua`i, joabiaN, on ,0,obember 16, 2016.
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ountp (Clerk
Dateb ,tobember 18, 2016
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AAAn-'-'C-
Cbatrman & Pre5ibing Officer
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:
1 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.
6 seetie 1 of th A et shall be .,..,pe le ., Tune 30 20-1-7 .n
°PcuT ,
7 SECTION 2. Statutory material to be repealed is bracketed and
s stricken.
9 SECTION 3. This Act shall take effect upon its approval.
10
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INTRODUCED BY:
.B. N0.
A BILL FOR AN ACT
RELATING TO UNADJUDICATED TRAFFIC FINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
i SECTION 1.. 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
12 contest the infraction. A person "does not contest" an
13 infraction if, in accordance with section 291D-6 (b) (I)/ 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.
Page 2 "BE N
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
19 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
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
5 uncontested traffic infractions as defined in section 291C -A.
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
11 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 INTRODUCED BY:
16
.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
.it
Page 2
.B. NO.
i SECTION 3. This Act shall take effect on July 1,'2017.
2
3
INTRODUCED BY:
HSAC bill appropriation EMS
j
S.B. NO.
A BILL FOR AN ACT
RELATING TO UNMANNED 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.
G 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 - CAiPTER
15 tROL MD AERIAL VEHICLES
16 6 -1 Definitions.- As used in this chapter-:
Page 2 S.B. No.
1 "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, drivers
11 license number, government- issued identification
12 numbei, 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
16 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
2
Page S.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 6 -3 Prohibited acts; penalty. (a) No person shall
21 operate an unmanned aerial vehicle:
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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
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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 aircraft;
(8) Whenever weather conditions impair the operators
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;
(B) 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,
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light, or power, or'of data, upon or along any
public way within the city,
without the facility or equipment owner's written
consent and subject to any restrictions that the
facility or equipment owner may impose on the
operation of the unmanned aerial vehicle;
(11) While under the influence of any intoxicating liquor
as defined in section 281 -1, intoxicating compound as
defined in section 712 -1240, or other drug, or any
combination thereof;
(12) With the intent to use the unmanned aerial vehicle or
anything attached to it to cause harm to persons or
property;
(13) In a reckless or careless manner; or
(14) In violation of any federal or state law.
(b) All data and personal information collected through
the use of an unmanned aerial vehicle shall not be used or
repurposed for any purpose other than the original purpose for
which the data or personal information was collected.
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Page 7
S.B. 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(o) for the purpose of enforcing this chapter.
7 1 -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. NO.
I
danger of death'or serious physical injury to any
2
person;
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(2)
To conduct a search and rescue operation where the use
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of an unmanned aerial vehicle is determined to be
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necessary'to alleviate an immediate danger to any
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person;
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(3)
To respond to .a hostage situation= or
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(4)
To conduct training exercises related to any of the
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purposes in this subsection.
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-5 Public agency exceptions. Nothing in this chapter
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shall prohibit the use of unmanned aerial vehicles by a public
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agency:
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(2')
To conduct environmental or disaster response,
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including but not limited to disaster relief, victim
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recovery or search and rescue, and monitoring,
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inspection, underwater repair, or structural damage
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assessments;
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(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;
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(5)
For farming and agricultural uses;
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Page 9 S.B. �
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 6 -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.
$ For the purpose of this section, "weaponu 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 6 -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 individual's
16 personal information in violation of this chapter.
17 (b) In any civil action brought under this section, if the
1$ court finds a violation, the court may award:
19 I) Injunctive relief;
20 (2) Equitable relief;
21 (3) Compensatory damages]
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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 attorneys 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 °6711- Unmanned aerial vehicles; prohibited acts. (1)
9 It shall_ be unlawful for any person to intentionally, knowingly,
10 or recklessly use an unmanned aerial vehicle to record or
11 photoVaRhh a person in a private place without the consent of
12 the person for the purpose of spy =% on the uerson or invading
13 the privacy of another person with an unlawful purE2o„ se, 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 PhotogEaRWmade in
19 violation of this section."
20 SECTION 4. Section 711 -1100, Hawaii Revised Statutes, is
21 amended as follows:
10
Page 11 S.B. NO.
1 1. By adding a new definition to be appropriately inserted
2 and to read:
3 " "Unmanned aerial vehicle't 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:
g Ir "Record" , for the purposes of sections 711 - 1110.9 [sftdj
9 711 -2111, 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 "(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,
19 any. device, including an unmanned aerial vehicle, for
20 observing, recording, amplifying, or broadcasting
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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 ofthe depicted person made:
(A) 19hen the person was voluntarily nude in
public or voluntarily engaging in sexual
conduct in public; or
(8) 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
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Page 13 V.B. 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."
S SECTION 6. Section 711 -1111, Hawaii Revised Statutes, is
6 amended by amending subsection (1) to read as follows.
7 "(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;
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Page 14 V.U. NO.
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(c)
Trespasses on property for the sexual gratification of
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the actor;
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(d)
Installs or uses, or both, in any private place,
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without consent of the person or persons entitled to
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privacy therein, any means or device, including an
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unmanned aerial vehicle, for observing, recording,
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amplifying, or broadcasting sounds or events in that
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place other than another person in a stage of undress
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or sexual activity;
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(e)
Installs or uses outside a private place any device_
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including an unmanned aerial vehicle, for hearing,
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recording, amplifying, or broadcasting sounds
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originating in that place which would not ordinarily
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be audible or comprehensible outside, without the
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consent'of the person or persons entitled to privacy
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therein;
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(f)
Covertly records or broadcasts an image of another
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person's intimate area underneath clothing, by use of
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any device, including an unmanned aerial vehicle, and
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that image is taken while that person is in a public
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place and without that person's consent;
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S.B. NO.
1 (g) Intercepts, without the consent of the sender or
2 receiver, a message or photographic image by
3 telephone, telegraph, letter, electronic transmission,
4 or other means of communicating privately; but this
5 paragraph does not apply to:
6 (1) overhearing of messages through a regularly
7 installed instrument on a telephone party line or
9 an extension; or
9 (ii) Interception by the telephone company, electronic
10 mail account provider, or telephone or electronic
11 mail subscriber incident to enforcement of
12 regulations limiting use of the facilities or
13 incident to other operation and use;
14 (h) Divulges, without the consent of the sender or the
is receiver, the existence or contents of any message or
16 photographic image by telephone, telegraph, letter,
17 electronic transmission, or other means of
is communicating privately, if the accused knows that the
19 message or photographic image was unlawfully
20 intercepted or if the accused learned of the message
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Page 16 S.B. NQ,
1 or photographic image-in the course of employment with
Z an agency engaged in transmitting it; or
3 (1) Knowingly possesses materials created under
4 circumstances prohibited in section 711.1110.9.11
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.
$ SECTION B. 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
.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 members authority are defined at a meeting of the board;
'
EXHIBITn
/1
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
b 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:
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
Page 4
.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
maybe conducted in
private without limitation;.
20
provided
that the discussion
is limited to matters specified in
21 section 26 -35.
Page 5
.B. NO.
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 county 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)abi1105:scb
.B. N-0.
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.
EXHI 0 1 T ((A''
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 " 5286- Driver's license for persons-with disabilities.
Page 3
.B. NO.
1 Persons with disabilities may opt to identify their -
2 disability 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
Page . Ba NO.
i 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 disabilit
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:
Page 5
.B. NOR.
1 " §286- Identification card for persons with
2 disabilities. (a) The department shall issue identification
3 cards to persons with disabilities pursuant to section 286 -305.
4 (b) The identification
card for persons with
disabilities
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 disability
8 information the applicant may request.
9 (c) The department may include a notation of disability
10 status, if desired by the applicant,'on the front and may print
11 the disability information on the reverse on any 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
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.
INTRODUCED BY:
paf:mkz:16 -151a
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
2.6
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
Lt accommodations tax has evolved to
if 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
CA
1011
Page 2
.B. NO.
1 and stabilized so as to be clear, consistent, and
2 predictable over time, in view of the need to invest in
3 tourism as a premier industry;
4
5 (B) The tourism special fund should be provided a
6 priority distribution of the transient accommodations tax
7 revenues at an assured minimum level, adjusted for
8 inflation, and regardless of overall transient
9 accommodations tax collections;
10
11 (C) After the priority distribution of the transient
12 accommodations tax revenues to the tourism special fund,
13 existing allocations to the Turtle Bay conservation
14 easement special fund, convention center enterprise special
15 fund, and special land and development fund should be
16 maintained at their current levels, with any additional
17 state funding of these efforts made out of state general
18 funds by separate appropriation;
19
20 (D) Based on a review of state and county functions,
21 including tourism expenditures, an appropriate allocation
22 of the remaining transient accommodations tax revenues is
23 fifty -five percent to the state general fund and forty -five
24 percent to the counties; and
25
26 (E) There should be no fixed dollar amounts, caps,
27 floors, or similar restrictions on allocations to the State
28 and counties of the remaining revenues; instead, both the
29 State and the county allocations should increase or
30 decrease proportionately with increasing or decreasing
31 transient accommodations tax revenues; and
32
33 (5) The state - county functions working group
34 recommendations reflect a fair, balanced, and reasonable
35 compromise of competing needs for scarce resources and provide a
36 sound policy base for the further administration of the
37_ transient accommodations tax and its revenues.
38
39 (b) The purpose of this Act is to:
40
41 (1) Provide a fair, consistent, and predictable priority
42 allocation of transient accommodations tax revenues, of an
43 assured minimum amount, to the tourism special fund;
44
Page 3
.B. NO.
1 (2) Maintain allocation of transient accommodations tax
2 revenues to existing obligations at present levels;
3
4 (3) Provide a fair, consistent, and predictable allocation
5 of the balance of the transient accommodations tax revenues
6 between the State and the counties; and
7
8 (4) Provide flexibility to the tourism special fund,
9 State, and counties in the utilization of their respective
10 allocations.
11
12 PART II
13
14 SECTION 2. Section 237D -6.5, Hawaii Revised Statutes, is
15 amended by amending subsection (b) to read as follows:
16
17 "(b) Revenues collected under this chapter shall be
18 distributed in the following priority, with the excess revenues
19 to be deposited into the general fund:
20
21 $1,599,099 shall be - alleeatedte- the — TuLctl-e —Bay
22 , 2915,
fer-
23 the reim ursefftent te the state general fund ef debt ser-Vi----
24 ,
25 ,
26 whieh were used te aeefaire the eenservatien easement and ether
27 realprepertyiterests in Turtle Bay, s =tofu -trhe ..tee '
,
28 preservatieR,
29 the State, until the -- bends - are —full y amertio ; }
30
31 (1) $82,000,000 shall be allocated to the tourism special
32 fund established under section 201B -11; provided that, beginning
33 July 1, 2017, and in each fiscal year thereafter, the dollar
34 amount of revenues allocated to the tourism special fund under
35 this paragraph shall be adjusted by an amount equal to the
36 dollar amount multiplied by the percentage, if any, by which the
37 Honolulu region consumer price index for all urban consumers
38 (CPI -U), or a successor index, as calculated by the United
39 States Department of Labor, for the preceding calendar year
40 exceeds the consumer price index for the calendar year 2016;
41 provided further that:
42
43 (A) Of the revenues allocated to the tourism special
44 fund:
Page 4
.B. NO.
2 (i) $1,000,000 shall be allocated for the operation
3 of a Hawaiian center and the museum of Hawaiian
4 music and dance at the Hawaii convention center;
5 and
6
7 (ii) 0.5 percent shall be transferred to a sub - account
8 in the tourism special fund to provide funding
9 for a safety and security budget, in accordance
10 with the Hawaii tourism strategic plan; and
11
12
(B) of the revenues
remaining in the tourism special
13
fund after revenues have
been deposited as provided in this
14
paragraph and except for
any sum authorized by the
15
legislature for expenditure from revenues subject to this
16
paragraph, beginning July
1, 2007, funds shall be deposited
17
into the tourism emergency
special fund, established in
18
section 201B -10, in a manner sufficient to maintain a fund
19
balance of $5,000,000 in
the tourism emergency special
20
fund;
21
22
(2) $26,500,000 shall be
allocated to the convention
23
center enterprise special fund
established under section 201B -8;
24
t b/ n n n be
25
,-8$G shall
alleeeaated
hand es-t-ablishe der
201B 11; that:
26
seetien
irevided
27
28
-(A) Beginning on July
i 2012, - and ending on T..re 39,
2 G G 9 9 nsha l be
€rem the t
29
291:5, $ , 9 , expended
eurisfa spe ell-fund
30
for development and implementatienof
initiatives t^ *-.,,r^
r ams inereased tray�
31
rdvurta a e-f empanded -v r
and
for internatienal
te Hawa, i,
32
eppertunities
visiters
33
34
/B) GE the _ _
- cv -r- -�- �
7 7 a-e
--crrrc c�cccc:
35
36
( 7 ) bti , nnn, nnA
sv,-,,, be lleeated fer t
Hawaiian
the
37
operation ef. a eenter
and fauseuffi.ef-
38
and drrri ice^- CL- r- C-STpTya6ti?i __ P'efF�Pe=ltiien
"e'enter; and
39
40
- (ii) 9 , 5 per een€
per
/ n shall l be
to „�
the teuisf- fund -te
41
t-�€e�ed, a s -- aeeeu
- s-peeial
42
, in aee
43
with the Hawaii ,;,,,.r stra:tegle-
plan -2GGS- 2-845; --and
44
Page 5
.B. NO.
1 (G) GE- the
revenues
Kam_
=sag in the
tear s
2 fund -af t revenues
h- been
Qepe
ei-
e
s
this
3
4
,
5 beginning July 1, 2007,
6 teuElsm
fund,
in
emergeney speeial
established
seetien ,
7 manner suffieient
te
fund balanee
in a
maintain
a
ef $5,999,
8 in freteuris- _- ==geney
sps=lfund
]
9
10 (3) $3,000,000 shall be allocated to the special land and
11 development fund established under section 171 -19; provided that
12 the allocation shall be expended in accordance with the Hawaii
13 tourism authority strategic plan for: _
14
15 (A) The protection, preservation, maintenance, and
16 enhancement of natural resources, including beaches,
17 important to the visitor industry;
18
19 (B) Planning, construction, and repair of facilities;
20 and
21
22 (C) Operation and maintenance costs of public lands,
23 including beaches, connected with enhancing the visitor
24 experience;
25
26 (4) $1,500,000 shall be allocated to the Turtle Bay
27 conservation easement special fund beginning July 1, 2017, for
28 the reimbursement to the state general fund of debt service on
29 reimbursable general obligation bonds, including ongoing
30 expenses related to the issuance of the bonds, the proceeds of
31 which were used to acquire the conservation easement and other
32 real property interests in Turtle Bay, Oahu, for the protection,
33 preservation, and enhancement of natural resources important to
34 the State, until the bonds are fully amortized; and
35
36 [4] (5) -E $193, 0„9, GG„ fer fis n , year ;814 -2$4:5
,
37 .. $1$3, 8$0,-9$9 - - #er fi seal year 2G? S .291.6, $103; 9G^,v 9^99 fer-i sea-] .
38 ,
39 thereaf I Of the remaining revenues collected under this
40 chapter, forty -five percent shall be allocated to the counties
41 and shall be distributed as follows: Kauai county shall receive
42 14.5 per cent, Hawaii county shall receive 18.6 per cent, city
43 and county of Honolulu shall receive 44.1 per cent, and Maui
44 county shall receive 22.8 per cent; provided that commencing
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
V
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
-(A) The preteetien,
..,a
pros Toata:^vi
, maintenanee,
to die— visiter _ra,_ stry _
_F�':�1
(G—) Aper-atlen and nt e-e— ewests of publi e lands,
e�xee —]
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
Page 7 . B. NO.
1 fund are less than the amount of the annual required
2 contribution, the amount that represents the excess of the
3 annual required contribution over the county public employer's
4 contributions shall be deposited into the fund from a portion of
5 all transient accommodations tax revenues collected by the
6 department of taxation under section [2373 -6- (- ) (4) . ] 237D-
7 6.5(b)(5). The director of finance shall deduct the amount
8 necessary to meet the county public employer's annual required
9 contribution from the revenues derived under section [ 23 -7-D-
10 6.5(b)(-4+1 237D -6.5 (b) (5) and transfer the amount to the board
11 for deposit into the appropriate account of the separate trust
12 fund . "
13
14 SECTION 4. Section 171 -19, Hawaii Revised Statutes, is
15 amended by amending subsection (a) to read as follows:
16
17 "(a) There is created in the department a special fund to
18 be designated as the "special land and development fund ".
19 Subject to the Hawaiian Homes Commission Act of 1920, as
20 amended, and section 5(f) of the Admission Act of 1959, all
21 proceeds of sale of public lands, including interest on deferred
22 payments; all moneys collected under section 171 -58 for mineral
23 and water rights; all rents from leases, licenses, and permits
24 derived from public lands; all moneys collected from lessees of
25 public lands within industrial parks; all fees, fines, and other
26 administrative charges collected under this chapter and chapter
27 183C; a portion of the highway fuel tax collected under chapter
28 243; all moneys collected by the department for the commercial
29 use of public trails and trail accesses under the jurisdiction
30 of the department; transient accommodations tax revenues
31 collected pursuant to section [237D 6.5(b)(5);] 237D-6.5(b)(3);
32 and private contributions for the management, maintenance, and
33 development of trails and accesses shall be set apart in the
34 fund and shall be used only as authorized by the legislature for
35 the following purposes:
36
37 (1) To r- eimmburs,-- the general fund of the State for -
38 advances made that are required to be reimbursed from the
39 proceeds derived from sales, leases, licenses, or permits of
40 public lands;
41
42 (2) For the planning, development, management, operations,
43 or maintenance of all lands and improvements under the control
44 and management of the board pursuant to title 12, including but
Page 8 . B. NO.
1 not limited to permanent or temporary staff positions who may be
2 appointed without regard to chapter 76; provided that transient
3 accommodations tax revenues allocated to the fund shall be
4 expended as provided in section [237D -6.5(b)(5);] 237D-
5 6.5 (b) (3) ;
6
7 (3) To repurchase any land, including improvements, in the
8 exercise by the board of any right of repurchase specifically
9 reserved in any patent, deed, lease, or other documents or as
10 provided by law;
11
12 (4) For the payment of all appraisal fees; provided that
13 all fees reimbursed to the board shall be deposited in the fund;
14
15 (5) For the payment of publication notices as required
16 under this chapter; provided that all or a portion of the
17 expenditures may be charged to the purchaser or lessee of public
18 lands or any interest therein under rules adopted by the board;
19
20 (6) For the management, maintenance, and development of
21 trails and trail accesses under the jurisdiction of the
22 department;
23
24 (7) For the payment to private land developers who have
25 contracted with the board for development of public lands under
26 section 171 -60;
27
28 (8) For the payment of debt service on revenue bonds
29 issued by the department, and the establishment of debt service
30 and other reserves deemed necessary by the board;
31
32 (9) To reimburse the general fund for debt service on
33 general obligation bonds issued to finance departmental
34 projects, where the bonds are designated to be reimbursed from
35 the special land and development fund;
36
.17 _ (10 ) -For the protection, . planning, management and
38 regulation of water resources under chapter 174C; and
39
40 (11) For other purposes of this chapter."
41
Page 9 ' B . NO.
1 PART IV
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.
7
8 INTRODUCED BY:
9
10 pia:misc:003(2)abi1106:kcw
.B. NO.
A BILL FOR AN ACT
RELATING TO GOVERNMENT RECORDS
BE IT ENACTED BY THE LEGISLATUREE OF THE STATE OF HAWAII:
1 SECTION 1. Section 92 -2.5, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "Permitted interactions of members. (a) Two members of a
4 board may discuss between themselves matters relating to
5 official board business to enable them to perform their duties
6 faithfully, as long as no commitment to vote is made.or sought
7 and the two members do not constitute a quorum of their board.
8 (b) Two or more members of a board, but less than the
9 number of members [whie ] that would constitute a quorum for the
10 board, may be assigned to.:
11 (1) Investigate a matter relating to the official business
12 of their board; provided that:
13 (A) The scope of the investigation and the scope of
14 each member's authority are defined at a meeting of the
15 board;
MIDIT`1V
Page 2
.B. NO.
i (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
5 of the board
held subsequent
to
the
meeting at which the
6 findings and
recommendations
of
the
investigation were
7 presented to the board; or
8 (2)
Present,
discuss, or
negotiate
any position [wh-ieh]
9 that the
board has
adopted at
a meeting
of the board; provided
10 that the assignment is made and the scope of each member's
11 authority is defined at a meeting of the board prior to the
12 presentation, discussion, or negotiation.
13 (c) Discussions between two or more members of a board, but less
14 than the number of members which would constitute a quorum for
15 the board, concerning the selection of the board's officers may
16 be conducted in private without limitation or subsequent
17 reporting.
18 (d) Board members present at a meeting that must be canceled for
19 lack of quorum or terminated pursuant to section 92- 3.5(c) may
20 nonetheless receive testimony and presentations on items on the
21 agenda and question the testifiers or presenters; provided that:
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
13 board; and
14
(B) Receive a
report by
the members who
were present
15
at the canceled or
terminated
meeting about
the testimony
16 and presentations received.
17 (e) Two or more .members of a board, but less than .the number of
18 members (wh -ieI that 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
Page 4
.B. NO.
1 community meeting; provided that the meeting or presentation is
2 not specifically and exclusively organized for or directed
3 toward members of the board. The board members in attendance may
4 participate in discussions, including discussions among
5 themselves; provided that the discussions occur during and as
6 part of the informational meeting or presentation; and provided
7 further that no commitment relating to a vote on the matter is
8 made or sought.
9 At the next duly noticed meeting of the board, the board members
10 shall report their attendance and the matters presented and
11 discussed that related to official board business at the
12 informational meeting or presentation.
13 (f) Discussions between the governor and one or more members of
14 a board maybe conducted in private without limitation or
15 subsequent reporting; provided that the discussion does not
16 relate to a matter over which a board is exercising its
17 adjudicatory function.
18 (g) Discussions between two or more members of a -board and the
19 head of a department to which the board is administratively
20 assigned may be conducted in private without limitation;
Page 5
.B. NO.
i provided that the discussion is limited to matters specified in
2 section 26 -35.
3 (h) A member of a board may provide, by memorandum or other
4 means of transmittal, other members of the board any government
5 record for which disclosure is required by section 92F -12;
6 provided that:
7 (1) No
commitment
relating to a
vote on the matter is
made
S or sought by
the board
member in the
means of transmittal;
and
9 (2) No additional discussion other than a statement
i0 describing the government record and the issue related to the
ii government record shall be included in the transmittal.
12 [4 -h4-] (i) Communications, interactions, discussions,
13 investigations, and presentations described in this section are
14 not meetings for purposes of this part."
15 SECTION 2. Statutory material to be repealed is bracketed
16 and stricken. New statutory material is underscored.
17 SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY:
paf:kcw:16 -147a
.B. NO.
A BILL FOR AN ACT
RELATING TO IMPORTANT AGRICULTURAL LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Article XI, section 3 of the Hawaii State
2 Constitution establishes the State's duty to "conserve and
3 protect agricultural lands, promote diversified agriculture,
4 increase agricultural self- sufficiency and assure the
5 availability of agriculturally suitable lands" and provides
6 protections for lands identified as important agricultural
7 lands. In service of this duty, the legislature enacted Act
8 183, Session Laws of Hawaii 2005, which was codified in part III
9 of chapter 205, Hawaii Revised Statutes.
10 Act 183 directed each county to work with government and
11 community stakeholders to, within sixty months of receipt of
12 State funds for the purpose, identify and map potential
13 important agricultural lands within its jurisdiction and make
14- recommendations to the State Land Use Commission for the
15 designation of these lands as important agricultural
16 lands. Once designated, agricultural operations on important
17 agricultural lands are eligible for a variety of State and
E
0
Page 2
.B. NO.
1 county assistance and incentive programs.including grants and
2 other funding assistance, tax incentives, favorable
3 � infrastructure and permit requirements, and farm and business
4 education assistance. The legislature finds that, to date, most
5 counties have not received State funds to assist with their
6 identification and mapping duties under Act 183.
7 The purpose of this Act is to implement Act 183 in
8 accordance with the State's constitutional duty to protect
9 important agricultural lands by providing funds to the counties
10 for the identification and mapping of important agricultural
11 lands.
12 SECTION 2. There is appropriated out of the general
13 revenues of the State of Hawaii the sum of $250,000, or so much
14 thereof as may be necessary for fiscal year 2017 -2018, and the
15 same sum or so much thereof as may be necessary for fiscal year
16 2018 -2019, for grants -in -aid to the counties for the
17 identification and mapping of important agricultural lands
18 pursuant to section 205 -47, Hawaii Revised Statutes, to be
-19 allocated as follows -: -
20 (1)
$
62,500
to the County of
Hawaii;
21 (2)
$
62,500
to the City and
County of Honolulu;
22 (3)
$
62,500
to the County of
Kauai; and
f
A
Page 3
.B. NO.
1 (4) $ 62,500 to the County of Maui.
2 The sums appropriated shall be expended by the department
3 of business, economic development, and tourism for the purposes
4 of this Act.
5 SECTION 3. This Act shall take effect on July 1, 2017.
pia:misc:003(2)abi1108:kcw
INTRODUCED BY:
.B. NO.
A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The purpose of this Act is to allow a
2 representative of each county council to be present as a non -
3 voting participant in negotiations with bargaining units if the
4 relevant county has employees in the particular bargaining unit.
S County councils have the duty to appropriate funds for
6 their counties. Councils, knowledge of bargaining unit
7 negotiations and associated costs is essential to enable
8 effective financial planning for the counties.
9 SECTION 2. Section 89 -6, Hawaii Revised Statutes, is
10 amended by amending subsection (d) to read as follows:
11 "(d) For the purpose of negotiating a collective
12 bargaining agreement, the public employer of an appropriate
13 bargaining unit shall mean the governor together with the
14 following employers:
15 (1) For bargaining units (1) , (2) , (3) , (4) , (9) , (10) ,
16 (13), and (14), the governor shall have six votes and
17 the mayors, the chief justice, and the Hawaii health
18 systems corporation board shall each have one vote if
r. Page 2
.B. NO.
1 they have employees in the particular bargaining unit;
2 and one representative from each county council shall
3 be allowed to attend as a non - voting participant
4 during negotiations if their county has employees in
5 the particular bargaining unit;
6 (2) For bargaining units (11) and (12), the governor shall
7 have [fee3F veteel one vote and the mayors shall each
8 have one vote; and one representative from each county
9 council shall be allowed to attend as a non - voting
10 participant during negotiations if their county has
11 employees in the particular bargaining unit;
12 (3) For bargaining units (5) and (6), the governor shall
13 have three votes, the board of education shall have
14 two votes, and the superintendent of education shall
is have one vote; and
16 (4) For bargaining units (7) and (8), the governor shall
17 have three votes, the board of regents of the
18 University of Hawaii shall have two votes, and the
19 president of the University o€ Hawaii shall have one-
20 vote.
21
(5) The mayor
or the mayor's
representative shall provide
22
timely
updates relating
to bargaining unit
Page 3
.B. NO.
1 negotiations to the county councils in an executive
2 meeting.
3 Any decision to be reached by the applicable employer group
4 shall be on the basis of simple majority, except when a
5 bargaining unit includes county employees from more than one
6 county. In that case, the simple majority shall include at
7 least one county."
8 SECTION 3. Statutory material to be deleted is bracketed
9 and in strikethrough. New statutory material is underscored.
10 SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
pia:misc:003(2)abi1110:kcw