HomeMy WebLinkAboutResolution No. 2020-56COUNTY COUNCIL
COUNTY OF KAUA'I
l\,esolution No. 2020-56
RESOLUTION APPROVING PROPOSALS FOR INCLUSION
IN THE 2021 HAWAl'I STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE
WHEREAS, legislative proposals have been submitted by member counties of
the Hawai'i State Association of Counties (HSAC) for consideration by the County
Councils for inclusion in the 2021 HSAC Legislative Package; and
WHEREAS, at its meeting on October 26, 2020, the HSAC Executive
Committee approved for inclusion in the 2021 HSAC Legislative Package
the following:
1. Relating to Liquor Fines Collected Per Year.
Allocates an additional fifteen (15) percent of liquor fines collected
per year to be used to fund alcohol addiction treatment programs.
(County of Maui)
2. Relating to Health Care Insurance.
Creates a Single-Payer or All-Payer Healthcare System covering all
Hawai'i residents. (County of Maui)
3. Relating to Rental Motor Vehicles.
Provides counties with the authority to establish limits on the
number of rental motor vehicles within the county. (County of Maui)
4. Relating to Sunshine Law Boards.
Allows virtual meetings by interactive conference technology.
(County of Maui)
5. Relating to Registration of Vehicles.
Enhances the vehicle transfer process by reqmrmg both the
transferor and transferee to appear in person to execute the transfer
which will protect both parties from fraud and ensure that counties keep
current and accurate records of vehicle transfers and ownership.
(County of Kaua'i)
6. Relating to Registration of Vehicles.
Establishes a new fee to be paid by U-drive motor vehicles for each
certificate of registration, which has the effect of assessing all motor
vehicles (including U-drive motor vehicles) the same amount for
beautification and costs related to the disposition of abandoned or
derelict vehicles. (County of Kaua'i)
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7. Relating to Registration of Vehicles.
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. (County of Kaua'i)
8. Relating to Public Health Emergency Testing.
Provides for insurance coverage of testing for a virus or disease in
the event of a public health emergency. (City & County of Honolulu)
WHEREAS, HSAC Bylaws requires that all four (4) Counties approve of each
proposal for inclusion in the HSAC Legislative Package; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I,
STATE OF HAWAI'I, that it hereby approves the following proposals which are
attached hereto for inclusion in the 2021 HSAC Legislative Package:
1. Relating to Liquor Fines Collected Per Year
2. Relating to Health Care Insurance
3. Relating to Rental Motor Vehicles
4. Relating to Sunshine Law Boards
5. Relating to Registration of Vehicles (Vehicle transfer process)
6. Relating to Registration of Vehicles (U-drive certificate of registration fee)
7. Relating to Registration of Vehicles (Vehicle certificate of registration-
payment of outstanding charges required)
8. Relating to Public Health Emergency Testing
BE IT FURTHER RESOLVED, that a certified copy of this Resolution be
transmitted to the HSAC Executive Committee.
Introduced by: ~--
MASON K. CHOCK
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We berebp certifp tbat 3R.esolution .1ao. 2020-56
was abopteb bp tbe (!Council of tbe C!Countp of Jkaua'i, ~tate of
~awai'i, 1Libu'e, Jkaua'i, ~awai'i, on November 25, 2020
~ C!Countp QI:ler k
~ateb November 25, 2020
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*Beginning with the March 11, 2020 Council Meeting and until further notice,
Councilmember Arthur Brun will not be present due to U.S. v. Arthur Brun et al.,
Cr. No. 20-00024-DKW (United States District Court), and therefore will be noted
as excused (i.e., not present).
.B. NO.
A BILL FOR AN ACT
RELATING TO LIQUOR FINES COLLECTED PER YEAR.
BE IT ENACTED BY THE LEGISLATURE OF THE STA TE OF HAW All:
SECTION 1. The Substance Abuse and Mental Health Services
2 Administration reports that the annual rate of alcohol abuse in
3 Hawaii has been higher than the national average every year since
4 2010.
s Impaired driving while under the influence of alcohol
6 contributes to roughly 40 per cent of all fatal accidents in Hawaii
7 annually.
s There have been various forms of legislation enacted over the
9 years that help to protect the public from drunk drivers. However,
10 more must be done to prevent alcohol-related deaths, including
11 preventing and treating alcohol addiction.
12 Allocating a portion of liquor fines collected per year to
13 fund alcohol addiction treatment programs is another tool to help
14 minimize and, ultimately, prevent impaired driving.
15 The purpose of this Act is to allocate an additional 15 per
16 cent of liquor fines collected per year to be used to fund alcohol
17 addiction treatment programs.
No. 1 (County of Maui)
Page 1 of 6
Page2 .B. NO.
SECTION 2. Section 281-17, Hawaii Revised Statutes, is
2 amended by amending subsection (a) to read as follows:
3 "(a) The liquor commission, within its own county, shall
4 have the jurisdiction, power, authority, and discretion, subject
5 only to this chapter:
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(1) To grant, refuse, suspend, and revoke any license for
the manufacture, importation, and sale of liquors;
(2) To take appropriate action against a person who,
directly or indirectly, manufactures, sells, or
purchases any liquor without being authorized pursuant
to this chapter; provided that in counties that have
established by charter a liquor control adjudication
board, the board shall have the jurisdiction, power,
authority, and discretion to hear and determine ·
administrative complaints of the director regarding
violations of the liquor laws of the State or of the
rules of the liquor commission, and impose penalties for
violations thereof as may be provided by law;
( 3) To control, supervise, and regulate the manufacture,
importation, and sale of liquors by investigation,
enforcement, and education; provided that any
educational program shall be limited to the commission
staff, commissioners, liquor control adjudication board
No. 1 (CountyofMaui)
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members, and licensees and their employees, and shall be
financed through the money collected from the assessment
of fines against licensees; provided that fine moneys[7 )
~ not to exceed [i=eH] 25 per cent a year of fines
accumulated, of which 10 per cent may be used to fund
public liquor-related educational or enforcement
programs and 15 per cent may be used to fund alcohol
addiction treatment programs;
(4) From time to time to make, amend, and repeal rules, not
inconsistent with this chapter, as in the judgment of
the commission are deemed appropriate for carrying out
this chapter and for the efficient administration
thereof, and the proper conduct of the business of all
licensees, including every matter or thing required to
be done or [we.ieb.] that may be done with the approval or
consent, by order, under the direction or supervision
of, or as prescribed by the commission; which rules,
when adopted as provided in chapter 91 shall have the
force and effect of law;
(5) Subject to chapter 76, to appoint and remove an
administrator, who may also be appointed an investigator
and who shall be responsible for the operations and
activities of the staff. The administrator may hire and
No. 1 ( County of Maui)
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remove hearing officers, investigators, and clerical or
other assistants as its business may from time to time
require, prescribe their duties and fix their
compensation, and engage the services of experts and
persons engaged in the practice of a profession, if
deemed expedient. Every investigator, within the scope
of the investigator's duties, shall have the powers of
a police officer.
{6) To limit the number of licenses of any class or kind
within the county, or the number of licenses of any class
or kind to do business in any given locality, when in
the judgment of the commission such limitations are in
the public interest;
(7) To prescribe the nature of the proof to be furnished,
the notices to be given, and the conditions to be met or
observed in the case of the issuance of a duplicate
license in place of one alleged to have been lost or
destroyed, including a requirement of any indemnity
deemed appropriate to the case;
{8) To fix the hours between which licensed premises of any
class or classes may regularly be open for the
transaction of business, which shall be uniform
throughout the county as to each class respectively;
No. 1 (County of Maui)
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To prescribe all forms to be used for the purposes of
this chapter not otherwise provided for in this chapter,
and the character and manner of keeping of books,
records, and accounts to be kept by licensees in any
matter pertaining to their business;
(10) To investigate violations of this chapter, chapter 244D
and, not withstanding any law to the contrary,
violations of the applicable department of heal th' s
allowable noise levels, through its investigators or
otherwise, to include covert operations, and to report
violations to the prosecuting officer for prosecution
and, where appropriate, the director of taxation to hear
and determine complaints against any licensee;
(11) To prescribe, by rule, the terms, conditions, and
circumstances under which persons or any class of
persons may be employed by holders of licenses;
( 12) To prescribe, by rule, the term of any license or
solicitor's and representative's permit authorized by
this chapter, the annual or prorated amount, the manner
of payment of fees for the licenses and permits, and the
amount of filing fees;
(13) To prescribe, by rule, regulations on dancing in
licensed premises; and
No. 1 (County of Maui)
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(14) To prescribe, by rule, the circumstances and penalty for
the unauthorized manufacturing or selling of any
liquor."
4 SECTION 3. Statutory material to be repealed is bracketed
5 and in strikethrough. New statutory material is underscored.
6 SECTION 4. This Act shall take effect upon its approval.
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No. 1 (County of Maui)
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INTRODUCED BY: ______________ _
. B. NO.
A BILL FOR AN ACT
RELATING TO HEAL TH CARE INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAW All:
PART I -The Hawaii Health Authority
1 SECTION I. The legislature finds that it is in the best interest of the State of Hawaii for
2 each and every state citizen to have publicly provided, high quality, affordable health care. Health
3 care is more than just medical insurance payouts -it includes cost-saving, preventive, and early
4 intervention measures to prohibit medical conditions from becoming chronic. pemianently
s disabling, or fatal.
6 The legislature further finds that Hawaii's current health care insurance system is a
7 disjointed, costly. inefficient, and unnecessarily complicated, multi-payer, private medical
8 insurance model.
9 Additionally, health care rates are skyrocketing, creating an affordability and accessibility
10 crisis for Hawaii's residents. The two of the largest cost-drivers of health care in the United States
11 and Hawaii are: (I) the excessive administrative costs; and (2) the high cost of prescription drugs.
12 The legislature further finds that for more than a quarter of a century. Hawaii was far ahead
13 of most other states and often called itself "the health state" because of the 1974 Hawaii Prepaid
14 Health Care Act. Hawaii was once known for having a low uninsured population of between two
15 and five per cent in 1994.
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No. 2 (County of Maui)
Page 1 of 10
■ B. NO.
1 However, the crisis in health care in the United States has also befallen Hawaii. Today.
2 thousands of Hawaii citizens Jack health care coverage. many of whom are children. Many other
3 Hawaii residents are underinsured, unable to use their insurance properly. or even at all. because
4 of increasingly expensive deductibles and out-of-pocket co-payments for outpatient visits.
5 diagnostic tests, and prescription drugs. among other factors under Affordable Care Act plans
6 purchased on the individual market and Medicare plans. Even well-insured individuals experience
7 problems with their insurers denying, or very reluctantly dispensing. expensive m medicines and
8 treatments. About half of al! bankruptcies are due to extremely expensive, catastrophic illnesses
9 that are not covered after a certain cap is reached. Other persons are near bankruptcy with their
10 quality of life seriously impacted.
11 The legislature further finds that a universal. publicly administered, health care-for-all
12 insurance model with a single-payer or all-payer system for caregivers and providers. adapted to meet
13 the unique conditions in Hawaii. would be beneficial for the following reasons:
14 (I) For union members and their employers. it means taking health care off the negotiating
15 table;
16 (2) For patients, as taxpayers and insurance premium-payers, it means significant
17 reductions in overall costs, increases in benefits, and the slowing of annual inflation cost
18 increases. It also means a comeback from increasingly uncaring. profit-driven health care to the
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No. 2 (County of Maui)
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• B. NO .
1 restoration of human-need-driven, mutually respectful and caring patient-doctor-nurse-and other
2 caregiver relationships, which in earlier times were fundamental to meaningful health care;
3 (3) For businesses, large and small, it reduces significant overhead expenses;
4 ( 4) For the local economy, it means keeping almost all health care dollars in the State;
S (5) For government, it means h11ving one integrated, electronic, health infonnation
6 database for unprecedented planning and cost-containment capabilities. ll also means relief from
7 the perceived emerging problem of unfunded liabilities associated with long-term funding of
8 government retiree health care benefits; and
9 (6) For physicians, nurses, and other caregivers, it means less paperwork, less work stress,
10 and more time with patients.
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SECTION 2. The legislature further finds that, fortunately. since 2009, the Hawaii health
authority, established by the legislature pursuant to chapter 322H of the Hawaii Revised Statutes.
has been working with minimal support from other government agencies to pave the way for
adoption of a universal, publicly administered, health care-for-all insurance model with a single-payer
or all-payer system for caregivers and providers. adapted for Hawaii. and that the Hawaii health
authority is in great and urgent need of additional support at this time.
SECTION 3. The legislature further commends the Hawaii health authority for the
authority's research on (I) the causes, consequences, and means to mitigate burn-out by physicians
No. 2 (County of Maui)
Page 3 of 10
• B. NO .
1 and other providers of medical services in the state of Hawaii; (2) the needs to respond to and to
2 revise certain compensation practices adopted by health insurers in the state of Hawaii; and (3) to revise
3 other current financial practices relating to healthcare to prepare for adoption of a universal, publicly
4 administered, health care-for-all insurance model with a single-payer or all-payer system for Hawaii.
5 SECTION 4. The Hawaii health authority is hereby authorized to continue planning for
6 adoption of universal, publicly administered, health care-for-all insurance model with a single-payer
7 or all-payer system for Hawaii and to report to the governor, the legislature, and to the general public
8 at such intervals as it finds necessary and appropriate.
9 SECTION 5. There is appropriated from the general revenues of the State of Hawaii the
10 sum of $350,000 or so much thereof as may be necessary for fiscal year 2020-2021 for expenditure
11 by the Hawaii health authority for its general administration under this Act. including the hiring
12 of an executive director and other staff, exempt from civil service, as it may deem necessary for
13 the fulfillment of its functions.
14 PART JI-Administration of Unfunded Liabilities by Hawaii Health Authority
15 SECTION 1. The legislature finds that, according to the National Conference of State
16 Legislatures. in 20 l 0, forty-six states self-insured or selfMfunded at least one of their employee
17 health care plans, and at least twenty-nine states self-funded all of their employee health care
18 offerings.
No. 2 ( County of Maui)
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. B. NO.
1 The legislature also finds that self-insured or self-funded plans have a number of potential
2 advantages over fully insured plans. The legislature further finds that many states administering
3 self-insured or self-funded employee health care plans have been able to lower costs while still
4 maintaining a high level of health benefits.
S Hawaii's employer-union health benefits trust fund is currently fully insured rather than
6 self-insured. However, health care premiums have risen rapidly over the last decade. Therefore.
7 the legislature believes that it is both prudent and essential that the State examine whether
8 converting the employer-union health benefits trust fund to a self-insured model will result in cost
9 savings.
10 The purpose of this part is to authorize and direct the Hawaii health authority to contract
11 for the provision of healthcare benefits to state and county employees using a self-insured model.
12 SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the
13 sum of$_____ or so much thereof as may be necessary for fiscal year 2021-2022 for the
14 purposes of this part.
15 The sum appropriated shall be expended by the Hawaii health authority for the purposes of
16 this part.
17 SECTION 3. The legislature finds that as of July 2. 2015, the unfunded portion of the
18 actuarial accrued liability of the Hawaii employer-union health benefits trust fund was
19 $11,772,008,000. This is $969,745,000 more than the total revenues for the State for fiscal year
20 2015.
No. 2 (County of Maui)
Page 5 of 10
• B. NO .
1 To address this unfunded liability, Act 268, Session Laws of Hawaii 2013, requires the State and
2 counties to prefund other post-employment health and other benefit plan costs for retirees and their
3 beneficiaries by making annual contributions to the other post-employment benefits trust
4 fund. State. county, and other public employers' annual contributions to the other post-
s employment benefits trust fund totals $427.299~249, while all assets of the trust fund total
6 $2,370,481,565. for fiscal year 2018.
7 Meanwhile, the State, counties. and other public employers are also required to make
8 payments to cover a portion of pay-as-you-go Hawaii employer-union health benefits trust fund
9 costs. Clearly. given current and projected revenues. the State and the counties cannot afford to
10 prefund both health and pension unfunded liabilities. which are projected to total more than
11 $800.000,000 per year in later years. A more affordable and less painful solution is necessary.
12 Furthermore, the Hawaii employer-union health benefits trust fund projects a seven per
13 cent investment return on funds in the other post-employment benefits trust fund. which amounts
14 to an estimated $140,000,000 that will be deposited into the rate stabilization reserve fund each
15 year. By not requiring other post-employment benefits prefunding through 2049, this Act will free
16 up moneys for important state, county, and other public employee services, projects, and needs.
17 Accordingly, this part:
18 (I) . Caps public employer prefunding to the other post-employment benefits trust fund
19 once the separate accounts for each public employer have a combined subaccount balance of at
20 least $2.000.000,000;
No. 2 (County of Maui)
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1 (2) Thereafter, transfers any investment income and interest from the other post-
2 employment benefits trust fund to a newly established rate stabilization reserve fund. which will
3 provide reserve funding to stabilize the Hawaii employer-union health benefits trust fund at times
4 when that trust fund has insufficient moneys to cover the costs of providing health and other
5 benefits plans for active employees and retirees and their beneficiaries; and
6 (3) Provides for the use of a portion of the transient accommodations tax revenues to
7 supplement deficient county public employer contribution amounts if necessary.
8 SECTION 4. Chapter 87 A, Hawaii Revised Statutes, is amended by adding a new section
9 to be appropriately designated ami to read as follows:
10 "§87A-Rate stabilization reserve fund; establishment; purpose. (a) There is
11 established a rate stabilization reserve fund to be placed within the employer-union health benefits
12 trust fund for administrative purposes.
13 (b} The rate stabilization reserve fund may cover the increasing costs of providing health
14 and other benefit plans for active employees and retirees and their beneficiaries as reguired by this
15 chapter. A separate account for each public emplover shall be established and maintained to
16 accept and account for each public employer's contributions. Unless otherwise specified by law,
17 the rate stabilization reserve fund shall not be subject to appropriation for any purpose and shall
18 not be subject to claims bv creditors of employers or the board.
19 (c) The rate stabilization reserve fund shall consist of:
No. 2 (County of Maui)
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• B. NO .
1 ill Moneys transferred from the Hawaii employer-union health benefits trust fund
2 established by section 87A-30 and the other post-employment benefits trust fund established by
3 sectjon 87A-42;
4 Gl Interest from the separate trust fund established to prefund other post-employment
S . health and other benefits plan costs for members and their benefi~iaries pursuant to section 87A-
6 42 and interest from the rate stabilization reserve fund; and
7 ill Appropriations from the legislature
8 (d) The rate stabilization reserve fund shall meet the reguirements of the Governmental
.Ji
9 Accounting Standards Board regarding employment benefits trusts."
10 SECTION 5. Section 87A-42, Hawaii Revised Statutes. is amended as follows:
11 I. By amending subsection {a) to read:
12 "(a) Notwithstanding sections 87 A-31 and 87 A-31.5, the board, upon terms and conditions
13 set by the board, shall establish and administer a separate trust fund for the purpose of receiving
14 employer contributions that will prefund other post-employment health and other benefit plan costs
15 for retirees and their beneficiaries. The separate trust fund shall meet the requirements of
16 the Governmental Accounting Standards Board regarding other post-employment benefits
. 17 trusts. The board shall establish arid maintain a separate account for each public employer within
18 the separate trust fund to accept and account for each public employer's contributions. Employer
19 contributions to the separate trust fund shall be irrevocable. all assets of the fund shall be dedicated
20 exclusively to providing health and other benefits to retirees and their beneficiaries. and assets of
No. 2 (County of Maui)
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. B. NO.
1 the fund shall not be subject to appropriation for any other purpose and shall not be subject to
2 claims by creditors of the employers or the board or plan administrator. The board's powers under
3 section 87 A-24 shall also apply to the fund established pursuant to this section. Notwithstanding
4 any law to the contraty, once the separate accounts for each public employer within the separate
s trust fund have a combined balance of at least $2.Q00,000,000, any earnjngs from the
6 $2,000,000,000 remaining in the separate trust fund at the end of each fiscal year shall be
7 transferred to the separate public employer accounts within the rate stabilization reserve fund
8 established in section 87A-. Unless otherwise specified by law. the $2,000,000,000 and the
9 separate trust fund shall not be subject to appropriation for any purpose and shall not be subject to
10 claims by creditors of employers or the board."
11 2. By amending subsection (d) to read:
12 "(d) In any fiscal year in which a county public employer's contributions into the fund are
13 less than the amount of the annual required contribution, the amount that represents the excess of
14 the annual required contribution over the county public employer's contributions shall be deposited
15 into the applicable fund pursuant to this section from a portion of all transient accommodations tax
16 revenues collected by the department of taxation under section 237D-6.5{b)(4). The director of
17 finance shall deduct the amount necessary to meet the county public employer's annual required
18 contribution from the revenues derived under section 237D-6.S(b)(4) and transfer the amount to
19 the board for deposit into the appropriate account of the separate trust fund."
20 3. By amending subsection (f) to read:
No. 2 (County of Maui)
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. B. NO.
1 "(f) For the purposes of this section, "annual required contribution" means a public
2 employer's required contribution to the trust fund established in this section,
3 SECTION 6. If any provision of this Act, or the application thereof to any person or
4 circumstance, is held invalid, the invalidity does not affect other provisions or applications of the
5 Act that can be given effect without the invalid provision or application, and to this end the
6 provisions of this Act are severable.
7 SECTION 7. New statutory material is underscored.
8 SECTION 8. This Act shall take effect on July 1. 2021.
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No. 2 (County of Maui)
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INTRODUCED BY: -------------
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.B. NO.
A BILL FOR AN ACT
RELATING TO RENTAL MOTOR VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HA WAIi:
I SECTION 1. Hawai'i is committed to mitigating emissions and
2 creating a clean energy pathway by investing in renewable energy
3 and energy efficiency. Utilities and transportation currently
4 account for the majority of emissions in Hawai'i.
5 Reducing cars on the road will contribute to meeting Hawai'i's
6 clean energy goals by reducing dependency on petroleum and
7 greenhouse gas emissions generated from for ground transportation
8 vehicles. However, over 20,000 rental motor vehicles on Maui
9 adversely impact Hawai' i's intent to mitigate greenhouse gas
IO emissions.
11 SECTION 2. Section 46-1. 5, Hawaii Revised Statutes, is
12 amended to read as follows:
13 "Subject to general law, each county shall have the following
14 powers and shall be subject to the following liabilities and
1s limitations:
· 16 ( 1) Each county shall have the power to frame and adopt a
17 charter for its own self-government that shall establish the county
18 executive,
No. 3 (CountyofMaui)
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administrative, and legislative structure and
Page2 .B. NO.
organization, including but not limited to the method of
2 appointment or election of officials, their duties,
3 responsibilities, and compensation, and the terms of their office;
4 ( 2) Each county shall have the power to provide for and
5 regulate the marking and lighting of all buildings and other
6 structures that may be obstructions or hazards to aerial
7 navigation, so far as may be necessary or proper for the protection
8 and safeguarding of life, health, and property;
9 (3) Each county shall have the power to enforce all claims on
10 behalf of the county and approve all lawful claims against the
11 county, but shall be prohibited from entering into, granting, or
12 making in any manner any contract, authorization, allowance
13 payment, or liability contrary to the provisions of any county
14 charter or general law;
ts (4) Each county shall have the power to make contracts and to
16 do all things necessary and proper to carry into execution all
17 powers vested in the county or any county officer;
18 (5) Each county shall have the power to:
19 (A) Maintain channels, whether natural or artificial,
20 including their exits to the ocean, in suitable condition to carry
21 off storm waters;
22 (B} Remove from the channels, and from the shores and beaches,
23 any debris that is likely to create an unsanitary condition or
No. 3 (County of Maui)
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Page 3 .B. NO.
1 become a public nuisance; provided that, to the extent any of the
2 foregoing work is a private responsibility, the responsibility may
3 be enforced by the county in lieu of the work being done at public
4 expense;
5 (C) Construct, acquire by gift, purchase, or by the exercise
6 of eminent domain, reconstruct, improve, better, extend, and
7 maintain projects or undertakings for the control of and protection
8 against floods and flood waters, including the power to drain and
9 rehabilitate lands already flooded;
JO (D) Enact zoning ordinances providing that lands deemed
11 subject to seasonable, periodic, or occasional flooding shall not
12 be used for residence or other purposes in a manner as to endanger
13 the health or safety of the occupants thereof, as required by the
14 Federal Flood Insurance Act of 1956 (chapter 1025, Public Law
15 1016) ; and
16 (E) Establish and charge user fees to create and maintain any
17 stormwater management system or infrastructure;
18 (6) Each county shall have the power to exercise the power of
19 condemnation by eminent domain when it is in the public interest
20 to do so;
21 (7) Each county shall have the power to exercise regulatory
22 powers over business activity as are assigned to them by chapter
23 445 or other general law;
No. 3 (County of Maui)
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Page4 .B. NO.
(8) Each county shall have the power to fix the fees and
2 charges for all official services not otherwise provided for;
3 (9) Each county shall have the power to provide by ordinance
4 assessments for the improvement or maintenance of districts within
s the county;
6 (10) Except as otherwise provided, no county shall have the
7 power to give or loan credit to, or in aid of, any person or
8 corporation, directly or indirectly, except for a public purpose;
9 (11) Where not within the jurisdiction of the public utilities
10 commission, each county shall have the power to regulate by
11 ordinance the operation of motor vehicle common carriers
12 transporting passengers and the number of rental motor vehicles
13 within the county and adopt and amend rules the county deems
14 necessary for the public convenience and necessity;
JS (12) Each county shall have the power to enact and enforce
16 ordinances necessary to prevent or summarily remove public
17 nuisances and to compel the clearing or removal of any public
18 nuisance, refuse, and uncultivated undergrowth from streets,
19 sidewalks, public places, and unoccupied lots. In connection with
20 these powers, each county may impose and enforce liens upon the
21 property for the cost to the county of removing and completing the
22 necessary work where the property owners fail, after reasonable
23 notice, to comply with the ordinances. The authority provided by
No. 3 (County of Maui)
Page 4 of 15
Page 5 .B. NO.
this paragraph shall not be self-executing, but shall become fully
2 effective within a county only upon the enactment or adoption by
3 the county of appropriate and particular laws, ordinances, or rules
4 defining "public nuisances" with respect to each county's
5 respective circumstances. The counties shall provide the property
6 owner with the opportunity to contest the summary action and to
7 recover the owner's property;
8 ( 13) Each county shall have the power to enact ordinances
9 deemed necessary to protect health, life, and property, and to
10 preserve the order and security of the county and its inhabitants
11 on any subject or matter not inconsistent with, or tending to
12 defeat, the intent of any state statute where the statute does not
13 disclose an express or implied intent that the statute shall be
14 exclusive or uniform throughout the State;
15 (14) Each county shall have.the power to:
16 (A} Make and enforce within the limits of the county all
17 necessary ordinances covering all:
18 (i) Local police matters;
19 (ii) Matters of sanitation;
20 (iii) Matters of inspection of buildings;
21 (iv) Matters of condemnation of unsafe structures, plumbing,
22 sewers, dairies, milk, fish, and morgues; and
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Page 5 of 15
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1 (v) Matters of the collection and disposition of rubbish and
2 garbage;
3 (B) Provide exemptions for homeless facilities and any other
4 program for the homeless authorized by part XVII of chapter 346,
5 for all matters under this paragraph;
6 {C) Appoint county physicians and sanitary and other
7 inspectors as necessary to carry into effect ordinances made under
8 this paragraph, who shall have the same power as given by law to
9 agents of the department of health, subject only to limitations
10 placed on them by the terms and conditions of their appointments;
tt and
12 (D) Fix a penalty for the violation of any ordinance, which
13 penalty may be a misdemeanor, petty misdemeanor, or violation as,
14 defined by general law;
IS (15) Each county shall have the power to provide public
16 pounds; to regulate the impounding of stray animals and fowl, and
17 their disposition; and to provide for the appointment, powers,
18 duties, and fees of animal control officers;
19 {16) Each county shall have the power to purchase and
20 otherwise acquire, lease, and hold real and personal property
21 within the defined boundaries of the county and to dispose of the
22 real and personal property as the interests of the inhabitants of
23 the county may require, except that:
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t (A) Any property held for school purposes may not be disposed
2 of without the consent of the superintendent of education;
3 {B) No property bordering the ocean shall be sold or otherwise
4 disposed of; and
5 (C) All proceeds from the sale of park lands shall be expended
6 only for the acquisition of property for park or recreational
7 purposes;
8 (17) Each county shall have the power to provide by charter
9 for the prosecution of all offenses and to prosecute for offenses
to against the laws of the State under the authority of the attorney
II general of the State;
12 (18) Each county shall have the power to make appropriations
13 in amounts deemed appropriate from any moneys in the treasury, for
14 the purpose of :
15 (A) Community promotion and public celebrations;
16 (Bl The entertainment of distinguished persons as may from
17 time to time visit the county;
18 (C) The entertainment of other distinguished persons, as well
19 as, public officials when deemed to be in the best interest of the
20 community; and
21 (D) · The rendering of civic tribute to individuals who, by
22 virtue of their accomplishments and community service, merit civic
23 commendations, recognition, or remembrance;
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(19) Each county shall have the power to:
2 (A) Construct, purchase, take on lease, lease, sublease, or
3 in any other manner acquire, manage, maintain, or dispose of
4 buildings for county purposes, sewers, sewer systems, pumping
s stations, waterworks, including reservoirs, wells, pipelines, and
6 other conduits for distributing water to the public, lighting
7 plants, and apparatus and appliances for lighting streets and
8 public buildings, and manage, regulate, and control the same;
9 (B) Regulate and control the location and quality of all
IO appliances necessary to the furnishing of water, heat, light,
11 power, telephone, and telecommunications service to the county;
12 (C) Acquire, regulate, and control any and all appliances for
13 the sprinkling and cleaning of the streets and the public ways,
14 and for flushing the sewers; and
15 (D) Open, close, construct, or maintain county highways or
16 charge toll on county highways; provided that all revenues received
17 from a toll charge shall be used for the construction or
18 maintenance of county highways;
19 (20) Each county shall have the power to regulate the renting,
20 subletting, and rental conditions of property for places of abode
21 by ordinance;
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I (21) Unless otherwise provided by law, each county shall have
2 the power to establish by ordinance the order of succession of
3 county officials in the event of a military or civil disaster;
4 (22) Each county shall have the power to sue and be sued in
5 · its corporate name;
6 (23) Each county shall have the power to:
7 (A) Establish and maintain waterworks and sewer works;
8 (B) Implement a sewer monitoring program that includes the
9 inspection of sewer laterals that connect to county sewers, when
10 those laterals are located on public or private property, after
11 providing a property owner not less than ten calendar days• written
12 notice, to detect leaks from laterals, infiltration, and inflow,
13 any other law to the contrary notwithstanding;
14 {C) Compel an owner of private property upon which is located
15 any sewer lateral that connects to a county sewer to inspect that
16 lateral for leaks, infiltration, and inflow and to perform repairs
17 as necessary;
18 {D) Collect rates for water supplied to consumers and for the
19 use of sewers;
20 {E) Install water meters whenever deemed expedient; provided
21 that owners of premises having vested water rights under existing
22 laws appurtenant to the premises shall not be charged for the
23 installation or use of the water meters on the premises; and
No. 3 (County of Maui)
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( F) Take over from the State existing waterworks systems,
2 including water rights, pipelines, and other appurtenances
3 belonging thereto, and sewer systems, and to enlarge, develop, and
4 improve the same; and
s (G) For purposes of subparagraphs (B) and (C}:
6 ( i) "Infiltration" means groundwater, rainwater, and
7 saltwater that enters the county sewer system through cracked,
8 broken, or defective sewer laterals; and
9 (ii) "Inflow" means non-sewage entering the county sewer
10 system via inappropriate or illegal connections;
11 (24) (A) Each county may impose civil fines, in addition to
12 criminal penalties, for any violation of county ordinances or rules
13 after reasonable notice and requests to correct or cease the
14 violation have been made upon the violator. Any administratively
15 imposed civil fine shall not be collected until after an
16 opportunity for a hearing under chapter ~1. Any appeal shall be
17 filed within thirty days from the date of the final written
18 decision. These proceedings shall not be a prerequisite for any
19 civil fine or injunctive relief ordered by the circuit court;
20 (B) Each county by ordinance may provide for the addition of
21 any unpaid civil fines, ordered by any court of competent
22 jurisdiction, to any taxes, fees, or charges, with the exception
23 of fees or charges for water for residential use and sewer charges,
No. 3 (County of Maui)
Page 10 of 15
Page 11 .B. NO.
collected by the county. Each county by ordinance may also provide
2 for the addition of any unpaid administratively imposed civil
3 fines, which remain due after all judicial review rights under
4 section 91~ 14 are exhausted, to any taxes, fees, or charges, with
s the exception of water for residential use and sewer charges,
6 collected by the county. The ordinance shall specify the
7 administrative procedures for the addition of the unpaid civil
8 fines to the eligible taxes, fees, or charges and may require
9 hearings or other proceedings. After addition of the unpaid civil
10 fines to the taxes, fees, or charges, the unpaid civil fines shall
11 not become a part of any taxes, fees, or charges. The county by
12 ordinance may condition the issuance or renewal of a license,
13 approval, or permit for which a fee or charge is assessed, except
14 for water for residential use and sewer charges, on payment of the
15 unpaid civil fines. Upon recordation of a notice of unpaid civil
16 fines in the bureau of conveyances, the amount of the civil fines,
17 including any increase in the amount of the fine which the county
18 may assess, shall constitute a lien upon all real property or
19 rights to real property belonging to any person liable for the
20 unpaid civil fines. The lien in favor of the county shall be
21 subordinate to any lien in f aver of any person recorded or
22 registered prior to the recordation of the notice of unpaid civil
23 fines and senior to any lien recorded or registered after the
No. 3 (County of Maui)
Page 11 of 15
Page 12 .8. NO.
recordation of the notice. The lien shall continue until the unpaid
2 civil fines are paid in full or until a certificate of release or
3 partial release of the lien, prepared by the county at the owner's
4 expense, is recorded. The notice of unpaid civil fines shall state
5 the amount of the fine as of the date of the notice and maximum
6 permissible daily increase of the fine. The county shall not be
7 required to include a social security number, state general excise
8 taxpayer identification number, or federal employer identification
9 number on the notice. Recordation of the notice in the bureau of
to conveyances shall be deemed, at such time, for all purposes and
II without any further action, to procure a lien on land registered
12 in land court under chapter 501. After the unpaid civil fines are
13 added to the taxes, fees, or charges as specified by county
14 ordinance, the unpaid civil fines shall be deemed immediately due,
IS owing, and delinquent and may be collected in any lawful manner.
16 The procedure for collection of unpaid civil fines authorized in
17 this paragraph shall be in addition to any other procedures for
18 collection available to the State and county by law or rules of
19 the courts;
20 (C) Each county may impose civil fines upon any person who
21 places graffiti on any real or personal property owned, managed,
22 or maintained by the county. The fine may be up to $1,000 or may
23 be equal to the actual cost of having the damaged property repaired
No. 3 (County of Maui)
Page 12 of 15
Page 13 .B. NO.
or replaced. The parent or guardian having custody of a minor who
2 places graffiti on any real or personal property owned, managed,
3 or maintained by the county shall be jointly and severally liable
4 with the minor for any civil fines imposed hereunder. Any such
s fine may be administratively imposed after an opportunity for a
6 hearing under chapter 91, but such a proceeding shall not be a
7 prerequisite for any civil fine ordered by any court. As used in
8 this subparagraph, "graffiti" means any unauthorized drawing,
9 inscription, figure, or mark of any type intentionally created by
10 paint, ink, chalk, dye, or similar substances;
11 (D} At the completion of an appeal in which the county's
12 enforcement action is affirmed and upon correction of the violation
13 if requested by the violator, the case shall be reviewed by the
14 county agency that imposed the civil fines to determine the
ts appropriateness of the amount of the civil fines that accrued while
16 the appeal proceedings were pending. In its review of the amount
17 of the accrued fines, the county agency may consider:
18 (i) The nature and egregiousness of the violation;
19 (ii) The duration of the violation;
20 (iii) The number of recurring and other similar violations;
21 (iv) Any effort taken by the violator to correct the
22 violation;
No. 3 (County of Maui)
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(v) The degree of involvement in causing or continuing the
violation;
(vi) Reasons for any delay in the completion of the appeal;
and
(vii) Other extenuating circumstances.
The civil fine that is imposed by administrative order after
this review is completed and the violation is corrected shall be
subject to judicial review, notwithstanding any provisions for
administrative review in county charters;
(E) After completion of a review of the amount of accrued
civil fine by the county agency that imposed the fine, the amount
of the civil fine determined appropriate, including both the
initial civil fine and any accrued daily civil fine, shall
immediately become due and collectible following reasonable notice
to the violator. If no review of the accrued civil fine is
requested, the amount of the civil fine, not to exceed the total
accrual of civil fine prior to correcting the violation, shall
immediately become due and collectible following reasonable notice
19 to the violator, at the completion of all appeal proceedings; and
20 (F) If no county agency exists to conduct appeal proceedings
21 for a particular civil fine action taken by the county, then one
22 shall be established by ordinance before the county shall impose
13 the civil fine;
No. 3 (County of Maui)
Page 14 of 15
Page 15 .B. NO.
(25) Any law to the contrary notwithstanding, any county
2 mayor, by executive order, may exempt donors, provider agencies,
3 homeless facilities, and any other program for the homeless under
4 part XVII of chapter 346 from real property taxes, water and sewer
s development fees, rates collected for water supplied to consumers
6 and for use of sewers, and any other county taxes, charges, or
7 fees; provided that any county may enact ordinances to regulate
8 and grant the exemptions granted by this paragraph;
9 (26) Any county may establish a captive insurance company
10 pursuant to article 19, chapter 431; and
II (27) Each county shall have the power to enact and enforce
12 ordinances regulating towing operations.··
13 SECTION 3. Statutory material to be repealed is bracketed
14 and in strikethrough. New statutory material is underscored.
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SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: ----------------
get:misc:003(2)amisc(rental-car limits)02:ske
No. 3 (County of Maui)
Page 15 of 15
.B. NO. -------
A BILL FOR AN ACT
RELATING TO SUNSHINE LAW BOARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The legislature finds that the COVID-19
2 pandemic forced the implementation of emergency measures
3 suspending certain requirements of the state's Sunshine Law in
4 order to allow boards to virtually meet and conduct necessary
5 business through the use of interactive conference technology,
6 while protecting participants' health and safety and expanding
7 public access to meetings throughout our island state. During
8 the emergency stay-at-home orders and travel restrictions, it
9 was not possible for board members, staff, or members of the
10 public to attend public meetings in person. Through the use of
11 interactive conference technology, however, virtual meetings
12 enabled and enhanced board and public participation. Virtual
13 meetings could be safely held and allowed more people from
14 different islands or parts of islands to effectively
15 participate, often during times when they would not otherwise be
16 physically able to leave their work, homes, or schools to
17 participate in an in-person meeting.
No. 4 (County of Maui)
Page 1 of 9
Page2 .B. NO.
The legislature finds that the increased costs of staffing
2 and technological equipment and resources needed to conduct
3 virtual meetings are offset by the savings in time, convenience,
4 travel costs for board members and participants, especially
5 those from the neighbor islands. Importantly, virtual meetings
6 help to prevent the spread of disease and protect the health and
7 safety of all participants, particularly those who have
8 disabilities or medical conditions that would place them at
9 greater risks during travel or attendance at in-person public
10 meetings. The legislature also finds that allowing board
11 members to participate in virtual meetings from their homes or
12 private offices, while protecting their privacy and not
13 requiring them to allow members of the public into their homes
14 or private offices, may increase the number of volunteers
15 willing to serve on government boards, particularly when they
16 live on an island different from where the boards' offices are
17 located.
JB The legislature further finds that the benefits of virtual
19 meetings should continue in non-emergency times and that
20 permanent amendments are needed to the Sunshine Law, part I of
21 chapter 92, Hawaii Revised Statutes. Except for times of
22 emergency, the legislature recognizes the need for boards
paf:ske:20-256e
No. 4 (County of Maui)
Page 2 of9
Page3 .B. NO.
conducting virtual meetings to also provide for an in-person
2 meeting location where members of the public can observe the
J virtual meeting or testify in person using interactive
4 conference technology provided by the board, without requiring
s board members to be at the in-person location. Recognizing that
6 not all boards are equipped with adequate staffing orc
7 technological equipment and resources to conduct virtual
8 meetings, the legislature finds that these amendments should
9 permit, but not require, boards to conduct virtual meetings.
10 The legislature further finds that telecommunications
II infrastructure can have occasional failures. To promote
12 openness, efficiency, and safety by facilitating meetings using
13 interactive conference technology, it is important that a
14 virtual meeting be allowed to continue without the need to be
15 adjourned when a technological failure occurs.
16 Therefore, the purposes of this Act are to: {l) expand and
17 enhance public participation in public meetings, while
18 protecting the health and safety of board members, staff,
19 testifiers, observers, other participants, and the general
2{) public, by allowing boards to use interactive conference
2J technology to conduct virtual meetings under the Sunshine
22 Law[~]; and (2) allow a meeting conducted by interactive
paf:ske:20-2S6e
No. 4 (County of Maui)
Page 3 of 9 .
Page4 .B. NO.
conference technology to continue without the need to be
2 adjourned when a technological failure occurs."
3 SECTION 2. Section 92-3.5, Hawaii Revised Statutes, is
4 amended to read as follows:
S "§92-3.5 Meeting by interactive conference technology;
6 notice; quorum. (a) A board may hold a meeting by interactive
7 conference technology; provided that:
B ill [~he] The interactive conference technology used by
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the board allows interaction among all members of the
board participating in the meeting and all members of
the public attending the meetingL [, ana tae netiee
Fe~ui:t:ed by scetiea 92 7 identifies all et tac
leeatiep;e ·.11=teFe f)a:t:tieipatiA,g bea.nl meMers ~,ill be
phyoieally f)resent and indicates that fflefftbers ef the
p~blie may jein beard meffleera at any ef the identified
leeatie:fls.J
(2) Board members shall be visible and audible to other
members and the public during the public meetings;
provided that during executive meetings from which the
public has been excluded, board members shall be
audible to other authorized participants and are not
required to be visible:
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No. 4 (County of Maui)
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[-+et-] ill Any board member participating in a meeting by
interactive conference technology shall be considered
present at the meeting for the purpose of determining
compliance with the quorum and voting requirements of
the [heard.] board;
(4) At the start of the meeting the presiding officer
shall announce the names of the participating members;
(5) Unless unanimous, votes shall be conducted by roll
call so that it is clear how each board member voted;
(6) To preserve the executive nature of any portion of a
meeting closed to the public, all participants shall
confirm to the presiding officer that no unauthorized
person is present or able to hear them at their remote
locations, and the person organizing the interactive
conference technology shall confirm that no
unauthorized person has access to the executive
meeting as indicated on the control panels of the
interactive conference technology being used for the
meeting, if aE,Plicable; and
(7) When practicable, boards shall record meetings and
make the recording of any meeting open to the public
electronically available to the public as soon as
paf:ske:20-256e
No. 4 (County of Maui)
Page 5 of9
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practicable after a ~eeting and until such time as the
minutes required by section 92-9 are electronically
posted on the board's website.
[-tat-] (bl Notwithstanding the other provisions of this
6 section to the contrary, a board member with a disability that
7 limits or impairs the member's ability to physically attend the·
8 meeting may participate in a board meeting from a location not
9 accessible to the public; provided that the member with a
10 disability is connected to other members of the board and the
11 public by both visual and audio means, and the member identifies
12 where the member is located and who, if anyone, is present at
13 that location with the member. When practicable, meetings held
14 by interactive conference technology may be recessed for up to
IS one hour when audio communication cannot be maintained with a
16 quorum of members or with the public location where the meeting
17 by interactive conference technology is being held.
18 {e) (c) A board holding a meeting by interactive
19 conference technology pursuant to this section shall not be
20 required to allow members of the public to join board members at
21 non-public locations where board members are physically present
22 or to identify those locations in the notice required by section
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No. 4 (County of Maui)
Page 6 of 9
Page7 .B. NO.
92-7; provided that at the meeting, each board member shall
2 identify who, if anyone, is present at the non-public location
3 with the member; and provided further that the notice required
4 by section 92-7 shall:
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to
(1) List at least one meeting location that is open to the
public; and
(2) Inform members of the public how to:
(A) Remotely view the video and audio of the meeting
through internet streaming or other means; and
(B) Provide oral testimony through an internet link,
11 telephone conference, or other means.
Jl [~] (d) Notwithstanding section 92-3, a board may require
J3 members of the public attending a meeting in person to:
14
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(1) Provide their names and contact information for the
purpose of contact tracing; and
(2) Abide by the board's requirements for facial
17 coverings, physical distancing, or other safety
18 measures;
19 when the governor has previously declared a state of
20 emergency for a contagious illness and, without regard to
21 whether the state of emergency is still in effect, a board
22 reasonably believes that such requirements are necessary because
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No. 4 (County of Maui)
Page 7 of 9
Page8 .B. NO.
of the continuing prevalence of the contagious illness for which
2 the state of emergency was declared."
3 SECTION 3. Subsection (a) of section 92-7, Hawaii
4 Revised Statutes, is amended to read as follows:
s "{a) The board shall give written public notice of any
6 regular, special, emergency, or rescheduled meeting, or any
7 executive meeting when anticipated in advance. The notice shall
8 include an agenda that lists all of the items to be considered
9 at the forthcoming meeting: the date, time, and place of the
ID meeting; the board's contact information for submission of
11 written testimony by electronic mail and postal mail;
12 instructions on how to request an auxiliary aid or service or an
13 accommodation due to a disability, including a response
14 deadline, if one is provided, that is reasonable; and in the
15 case of an executive meeting the purpose shall be stated. If an
16 item to be considered is the proposed adoption, amendment, or
17 repeal of administrative rules, an agenda meets the requirements
18 for public notice pursuant to this section if it contains a
19 statement on the topic of the proposed rules or a general
zo description of the subjects involved, as described in section
21 91-3(a) (1) (A), and a statement of when and where the proposed
22 rules may be viewed in person and on the Internet as provided in
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No. 4 (County of Maui)
Page 8 of9
Page9 .B. NO.
section 91-2.6. The means specified by this section shall be the
2 only means required for giving notice under this part
3 notwithstanding any law to the contrary."
4 SECTION 4. Statutory material to be deleted is bracketed
5 and in strikethrough. New statutory material is underscored.
6 SECTION 5. This Act shall take effect upon its approval.
7
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No. 4 (County of Maui)
Page 9 of 9
INTRODUCED BY: ---------------
PROPOSER:
TITLE:
PURPOSE:
MEANS:
JUSTIFICATION SHEET
Hawai'i State Association of Counties (HSAC) & County of Kauai
A Bill for an Act Relating to Registration of Vehicles
This proposed Bill for an Act enhances the vehicle transfer
process by requiring both the transferor and transferee to appear
in person to execute the transfer which will protect both parties
from fraud and ensure that the County keeps current and
accurate records of vehicle transfers and ownership.
Amends Section 286-52 of the Hawai'i Revised Statutes (HRS)
JUSTIFICATION: Buyers often provide false, unreadable, or unusable contact
information to sellers for the Notice of Transfer document, and
then fail to register the vehicle under the buyer's name. Sellers
sometimes provide fraudulent information to the Counties
regarding a staged transfer of a vehicle to an unidentifiable
buyer; some use this method to absolve themselves of any
responsibility in the proper disposal of an unwanted vehicle.
There is loss of tax revenue when buyers do not register a
vehicle under their name and also when a vehicle is dumped,
and the County has no means of properly identifying and
tracking down the new owner of the vehicle. Buyers are subject
to fraud when they purchase a vehicle from a seller who has not
disclosed unpaid tweest fraudulent registration stickers or other
pertinent vehicle information to the buyer. Sellers are subject to
law enforcement inquiries when the buyer does not register the
vehicle under the buyer's name. Vehicles that are not properly
registered under the new owner's name are frequently tax
delinquent. These vehicles are also used for, and provide a
special opportunity for other criminal activity. It is difficult for
law enforcement to identify and locate someone who allegedly
bought or acquired a vehicle, but did not provide accurate
contact information to the seller. These circumstances embroil
the original owner, whether innocent or guilty, in the ensuing
criminal investigations. Both parties will be better protected
from fraud with this Bill and it will help Counties keep current
and accurate records of vehicle transfers and ownership.
No. 5 (County of Kauai)
Page 1 of 10
A BILL FOR AN ACT
RELATING TO REGISTRATION OF VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OFBA WAil:
1 SECTION 1. Section 286-52, Hawai 'i Revised Statutes, is
2 amended to read as follows:
3 "§286-52 Procedure when title of vehicle transferred;
4 delivery of certificate mandatory. (a) [Ypoa a traasfer ef] When
5 transferring the title or interest of a legal owner in or to a
6 vehicle registered under this part, the person whose title or
7 interest is to be transferred and the transferee shall write
8 their signatures with pen and ink upon the certificate of
9 ownership issued for the vehicle, together with the address of
10 the transferee in the appropriate space provided upon the
11 certificate[-.-] , and shall both appear in person before a clerk
12 at the respective County Department of Motor Vehicles to execute
13 such transfer. If the transferor is not available to appear in
14 person the transferor shall complete the certificate of
15 ownership, together with the notice of transfer, and sign the
16 certificate of ownership before a Notary in any State within the
17 United States. The transferee and the transferor's
18 .representative shall both appear in person and present the
No. 5 (County of Kauai)
Page 2 oflO
1 notarized document at the County Department of Motor Vehicles
2 when transferring such title to the transferee.
3 (b) Within thirty calendar days [thereafter, the
4 transferee shall fMward the certificate ef o,mership so
5 endorsed to the director of finance Hho shall fi1 e the saffle;
6 pro·:ided that if the reeordoel lion holder does not ha:r..re an
7 office in tho State, the-af)pliaable period shall be siJEty days,]
8 of the date on the notice of transfer, the transferor or
9 representative along with the transferee will abide by the rules
10 set forth in Subsection (a). Whenever a [transferee) transferor
11 fails to comply with these provisions, the director of finance
12 shall charge a fee of $50, in addition to the fee provided in
13 section 286-51 [, for a new oertificate of ownership).
14 (c) Subsection (-fet-r] ill!. requiring a [transferee te
15 forward] transferor to personally deliver the certificate of
16 ownership after endorsement to the director of finance, shall
17 not apply [:e-e-J in the event that the transferee of a vehicle who
18 was not intending to and does not tjrive the vehicle or permit
19 the vehicle to be driven upon the public highways, but every
20 such transferee, upon transferring the transferee's interest or
21 title to another, shall give notice of the transfer to the
22 director of finance and endorse the certificate of ownership to
23 the new legal owner and the certificate of registration to the
No. 5 (County of Kauai)
Page 3 of 10
1 new owner; provided that if the director of finance has
2 ascertained as of the date of the application that the
3 registered owner has not deposited or paid bail with respect to
4 any summons or citation issued to the registered owner for
5 stopping, standing, or parking in violation of traffic
6 ordinances within the county, the director may require, as a
7 condition precedent to the transfer, that the registered owner
8 deposit or pay bail with respect to all such summons or
9 citations.
10 (d) The director of finance, upon receipt of the
11 certificate of ownership properly endorsed, shall register the
12 vehicle, and shall issue to the owner and legal owner entitled
13 thereto by reason of the transfer a new certificate of
14 registration and the certificate of ownership, respectively, in
15 the manner and
16 registration.
form hereinabove provided for original
17 (e) Until the director of finance has issued the new
18 certificate of registration and certificate of ownership as in
19 subsection (d) provided, delivery of such vehicle shall be
20 deemed not to have been made and title thereto shall be deemed
21 not to have passed, and the intended transfer shall be deemed to
22 be incomplete and not to be valid or effective for any purpose,
23 notwithstanding any provision of the Uniform Commercial Code;
No. 5 (County of Kauai)
Page 4 of 10
1 provided that a security interest in a motor vehicle shall be
2 perfected as provided in the Uniform Commercial Code, section
3 490:9-311 and that the validity, attachment, priority, and
4 enforcement of such security interest shall be governed by
5 Article 9 of the Code.
6 ( f) In the event of the transfer by operation of law of
7 the title or interest of a legal owner in and to a vehicle
8 registered under this part, as upon inheritance, devise, or
9 bequest, order in bankruptcy, or insolvency, execution sale,
10 repossession upon default in performance of the terms of a lease
11 or executory sales contract, or otherwise than by the voluntary
12 act of the person whose title or interest is so transferred, the
13 certificate of ownership shall be signed upon the spaces
14 provided by the personal representative, receiver, trustee,
15 sheriff, or other representative, or successor in interest of
16 the person whose title or interest is so transferred in lieu of
17 such person. Every personal representative, receiver, trustee,
18 sheriff, or other representative hereinabove referred to shall
19 file with the director of finance a notice of any transfer by
20 sale, leas~, or otherwise by such person, of any such vehicle,
21 together with evidence satisfactory to the director of finance
22 of all facts entitling such representative to make the
23 transfer. Upon notice given to the director of finance that
No. 5 (County of Kauai)
Page 5 of 10
1 transfer by operation of law of the title or interest of a legal
2 owner or a registered owner has been effected pursuant to any
3 provision of law, the director of finance shall send to the
4 legal owner or the registered owner or both a notice by
5 registered mail of such action and requesting the delivery to
6 the director of finance of the certificate of ownership or the
7 certificate of registration, as the case may be, within ten days
8 after date of mailing of the notice, and any person who refuses
9 or neglects to deliver the same to the director of finance
10 pursuant to the notice shall be guilty of a misdemeanor and
11 shall be punished as provided in section 286-61.
12 (g) Nothing in the foregoing subsections shall prevent a
13 legal owner from assigning the title or interest in or to a
14 vehicle registered under this part to another legal owner at any
15 time without the consent of and without affecting the interest
16 of the holder of the certificate of registration thereof. Upon
17 filing with the director of finance of a certificate of
18 ownership endorsed by the legal owner and a transferee of legal
19 ownership, the director of finance shall, whether the
20 certificate of registration has expired or not, enter the name
21 of the new legal owner upon the records of the director's office
22 and shall forthwith issue a new certificate of ownership to the
23 new legal owner in the form for original registration. Upon so
No. 5 (County of Kauai)
Page 6 of 10
1 doing, the director of finance shall send to the registered
2 owner a notice by mail of the action.
3 (h) Any person who refuses or neglects to deliver a
4 certificate of ownership to a transferee entitled thereto under
5 this part, shall be punished as provided in section 286-61.
6 ( i) Every dealer, upon transferring a motor vehicle,
7 whether by sale, lease, or otherwise, shall immediately give
8 notice of the transfer to the director of finance upon the
9 official form provided by the director of finance. Every such
10 notice shall contain the date of the transfer, the names and
11 addresses of the transferor and transferee, and such description
12 of the vehicle as may be called for in the official form.
13 ((j) B~ery person, other than a dealer, upon transferring a
14 me:e:ar vehiele, whether l3y sale, lease, or otherwise, shall
15 within teH days give aotice of the trans.:er ta the elirector of
16 fi nanee upon the offieial form provided by the eiirestoc of
17 finance. Every notice shall contain the date of transfer, the
18 names and addresses of the transferor and transferee, and sueh
19 dessription of the vehiele as may be ealled for in the official
20 form. Any person who T.riolates this subseetion shall be fiaeei
21 not more than $100.}
22 [~]ill Whenever [the registered owner of any HI.Otar
23 vehiele er] any licensed dealer has given notice to the director
No. 5 (County of Kauai)
Page 7 of 10
1 of finance of a transfer of the title or interest in the motor
2 vehicle, as prov~ded in subsection (i) [ok (j)), and has
3 delivered the certificate of ownership bearing the transferor's
4 signature to the transferee as required by subsection (a), the
5 transferor shall be relieved from any liability, civil or
6 criminal, from the date the transferor delivers the motor
7 vehicle into the transferee's possession, which the transferor
8 might otherwise subsequently incur by reason solely of being the
9 registered owner of the vehicle.
10 [4-4:+lill A licensed dealer who has forwarded a properly
11 endorsed certificate of ownership to the director of finance
12 shall be relieved of any civil liability, from the date the
13 transferor delivers the motor vehicle into the transferee's
14 possession, which the transferor might otherwise subsequently
15 incur by reason solely of being the registered owner of the
16 vehicle; provided that a specific written authorization to
17 forward the certificate has been obtained from the transferee.
18 [-fm+-]ill Any person who falsely or fraudulently gives
19 notice to the director of finance of a transfer of title or
20 interest in a motor vehicle shall be subject to the penalty
21 provided in section 286-61."
22 SECTION 2. Statutory material to be repealed is
23 bracketed and stricken. New statutory material is underscored.
No. 5 (County of Kauai)
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.,
1 SECTION 3.
2 approval.
3
4
No. 5 (County of Kauai)
Page 9 of 10
This Act shall take effect upon its
INTRODUCED BY: --------------
Report Title:
Registration of Vehicles; Procedure when title of vehicle transferred; delivery of
certificate mandatory
Description:
Th.is proposed Bill for an Act enhances the vehicle transfer process by requiring
both the transferor and transferee to appear in person to execute the transfer which
will protect both parties from fraud and ensure that Counties keeps current and
accurate records of vehicle transfers and ownership.
The summary description of legislation appearing on this page is for Ihformational purposes only and
is not legislation or evidence oflegielati.ve intent.
No. 5 (County of Kauai)
Page 10 of 10
PROPOSER:
TITLE:
PURPOSE:
MEANS:
__ .B.NO.
JUSTIFICATION SHEET
Hawai'i State Association of Counties (HSAC) & County of Kaua'i
Bill For An Act Relating To Registration Of Vehicles
The proposed bill establishes a new fee to be paid by U-drive
motor vehicles for each certificate of registration, which has the
effect of assessing all moto1· vehicles (including U-drive motor
vehicles) the same amount for beautification and costs related to
the disposition of abandoned or derelict vehicles.
Amends Chapter 286-51 of the Hawai'i Revised Statutes (HRS)
JUSTIFICATION: HRS Chapter 286-51 states that the Dil'ector of Finance of each
County may collect an additional fee of not more than one
dollar ($1) for each certificate of registration for a U-drive motor
vehicle, but may collect up to ten dollars ($10) for each ce1i;ificate
of registration for motor vehicles other than U-drive motor
vehicles. The moneys collected are placed in a revolving fund for
the purpose of highway beautification and the disposal of
abandoned or derelict vehicles. The contrast between the chru·ge
to U-drive motor vehicles and other motor vehicles is inequitable
as the use of the roads by U-drive motor vehicles tends to be as
intense, if not more than, all other motor vehicles. Amending this
subsection to allow Counties to collect the same fee from all motor
vehicles, including U-drive motor vehicles, would equally
distribute the costs associated with highway beautification and
disposal of abandoned and dei·elict vehicles.
No. 6 (County of Kauai)
Page 1 of 4
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
.B. NO.
A BILL FOR AN ACT
REL.L\.TING TO REGISTRATION OF VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAI'I:
1 SECTION 1. Chapter 286-51, Hawai'i Revised Statutes, is amended by
2 amending subsection (b) to read as follows:
3 "(b) This part shall be nclministcrcd by the director of finance in
4 conjunction with the requh'ements of sections 249-1 to 249-13 and shall ~ntail no
5 additional expense or charge to the person registering t.he ownership of a motor
6 vehicle other than as provided by this section or by other laws; provided that for
7 each new ce1·tificate of ownership issued by the dil-ector of fi.na11ce under
8 section 286-52, the directo1· of finance may chal'ge a fee which shall be deposited in
9 the general fund. The fees charged to issue a new certificate of ownership shall be
10 established by the county's legislative body.
11 Notwithstanding any other law to the contrary, an additional fee of not mol'e
12 than [$1 fo1· eaeh ee1:tifieate of registi:atioa for a U d1:ive motor vehiele aB.el} $2 for
13 each certificate of l'egistration for all [~l motor vehicles may be established by
14 ordinance and collected annually by the director of finance of each county. to be
15 used and administered by each county:
No. 6 (County of Kauai)
Page 2 of 4
.B. NO.
1 (1) For the purpose of beautification and other related activities of
2 highways under the ownership, control, and jurisdiction of each county; and
3 (2) To defray the additional cost in the disposition and other related
4 activities of abandoned or derelict vehicles as prescribed in chapter 290. For the
s purposes of this paragi·aph, other related activities shall include but need not be
6 limited to any and all storage fees that are negotiated between each county and a
7 towing company contracted by the county to remove and dispose of abandoned or
8 derelict vehicles.
9 The $2 fee established pursuant to this subsection for certificates of
JO registration for ruJ motor vehicles {other than U di-ir.•e motor ,•chicles] may be
11 increased by ordinance up to a maximum of $10; provided that all amounts received
12 from any fee increase over $2 shall be expended only for the purposes of paragraph
13 (2). The moneys so assessed and collected shall be placed in a revolving fund
14 entitled, "the highway beautification and disposal of abandoned or derelict vehicles
15 revolving fund."
16 SECTION 2. Statutory material to be repealed is bracketed and
17 stricken. New statutory material is underscored.
18
19
20
21
SECTION 3.
No. 6 (County of Kauai)
Page 3 of 4
This Act shall take effect upon its approval.
INTRODUCED BY: __________ _
.B. NO.
Report Title:
Motor Vehicle Registration; Registration expense; establish new fee for U-drive
motor vehicles.
Description:
Establishes a new fee to be paid by U-drive motor vehicles for each certificate of
registi·ation, which has the effect of assessing all motor vebicles (including U-dlive
motor vehicles) the same amount for beautification and costs related to the
disposition of abandoned or derelict vehicles.
No. 6 ( County of Kauai)
Page 4 of 4
PROPOSER:
TITLE:
PURPOSE:
MEANS:
__ .B. NO. __
JUSTIFICATION SHEET
Hawai'i State Association of Counties (HSAC) & County of Kaua'i
A Bill for an Act Relating to Motor Vehicle Registration
This p1·oposed Bill for an Act 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 befo1·e issuing a Motor Vehicle
Certificate of Registration.
Amends Section 286-51 of the Hawai'i Revised Statutes (HRS)
JUSTIFICATION: Some individuals and entities intentionally abandon vehicles on
roads and highways, leaving Counties with the responsibility and
expenses of towing the vehicles. Allowing Counties to require the
payment of outstanding charges owed to the Counties for the
towing, removal or disposal of abandoned, or derelict vehicles as
a condition precedent to issuing removals for vehicle
registrations, would greatly assist Counties in recovering
outstanding towing expenses.
No. 7 (County of Kauai)
Page 1 of 5
1
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAl'I .B. NO.
BILL FOR AN ACT
RELATING TO REGISTRATION OF VEHICLES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAW Al'I:
SECTION 1. The legislature finds that some individuals
2 and entities intentionally abandon vehicles on roads and
3 highways throughout the State, and that it is difficult for the
4 counties to recoup the costs of ~owing and disposal. The
5 legislature finds that if ~he counties were able to require that
6 the costs of towing and disposal are paid as a condition
7 precedent to registration of vehicles that t:he counties would
8 have an easier time recouping their costs.
9 SECTION 2. Section 286-51, Hawai 'i Revised Statutes,
10 is 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 director'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
19 registered owner has not deposited or paid bail with respect to
No. 7 (County of Kauai)
Page 2 of 5
.B. NO.
1 any summons or citation issued to the registered owner for
2 stopping, standing, or parking in violation of traffic
3 ordinances within the county, or has outstanding charges owed to
4 the county for the towing, removal, or disposal of an abandoned
5 or derelict vehicle within the county, may require, as a
6 condition precedent to the renewal1 that the registered owner
7 deposit or pay bail with respect to all such summonses.!.. [er)
8 citations ... , __ o_r __ o_u_t_s_t_a_n_d_i_n_g'-_c_h_a_r~g,_e_s. The certificates of
9 registration issued hereunder shall show, in addition to all
10 information required under section 286-47, the serial number of
11 the tag or emblem and shall be valid during the registration
12 year only for which they are issued. The certificates of
13 ownership need not be renewed annually but shall remain valid as
14 to any interest shown therein until canceled by the director of
15 finance as provided by law or replaced by new certificates of
16 ownership as hereinafter provided.
17 SECTION 3. Section 286-52, Hawaii Revised Statutes, is
18 amended by amending subsection (cl to read as follows:
19 (c) Subsection (b), requiring a transferee to forward the
20 certificate of ownership after endorsement to the director of
21 finance1 shall not apply to the transferee of a vehicle who was
22 not intending to and does not drive the vehicle or permit the
23 vehicle to be driven upon the public highways, but every such
No. 7 (County of Kauai)
Page 3 of 5
.B. NO.
1 transferee, upon transferring the transferee 1 s interest or title
2 to another, shall give notice of the transfer to the director of
3 finance and endorse the certificate of ownership to the new
4 legal owner and the certificate of registration to the new
5 owner; provided that if the director of finance has ascertained
6 as of the date of the application that the registered owner has
7 not deposited or paid bail with respect to any summons or
8 citation issued to the registered owner for stopping, standing,
9 or parking in violation of traffic ordinances within the county,
10 or has outstanding charges owed to the county for the towing,
11 removal, or diseosal of an abandoned or derelict vehicle within
12 the county, the director may require, as a condition precedent
13 to the transfer, that the registered owner deposit or pay bail
14 with respect to all such sumrnonsL [er) citations, or outstanding
15 charges.
16 SECTION 4. Statutory material to be repealed is
17 bracketed and stricken. New statutory material is underscored.
18
19
20
21
SECTION 5.
No. 7 (County of Kauai)
Page 4 of 5
This Act shall take effect on July 11 2020.
INTRODUCED BY: ----------------
.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.
No. 7 ( County of Kauai)
Page 5 of 5
.B. NO.
A BILL FOR AN ACT
RELATING TO PUBLIC HEALTH EMERGENCY TESTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAW All:
SECTION 1. The purpose of this Act is to ensure the
2 provision of affordable testing in the event of a public health
3 emergency by requiring the state to provide diagnostic and
4 antibody tests free of charge to those unable to pay for them
S and by mandating health insurance coverage for diagnostic and
6 antibody tests.
7 SECTION 2. The Hawaii Revised Statutes is amended by adding
8 a new chapter to be appropriately designated and to read as
9 follows:
10 "CHAPTER
II PROCUREMENT AND DISTRIBUTION OF DIAGNOSTIC AND ANTIBODY
12 TESTS
13 -1 "Pub1ic Hea1th Emergency" defined. As used in this
14 chapter, unless otherwise indicated by the context, "public
ts health emergencyn means any state of affairs or circumstance
16 which imperils the health, safety, or welfare of the public.
17 § -2 Diagnostic and antibody tests. If the governor declares
18 that a public health emergency as defined in section -1
OCS2020-0887/9/11/2020 1 :04 PM
No. 8 (City & County of Honolulu)
Page 1 of 3
Page2 .B. NO.
I exists, the governor or the governor's authorized
2 representatives, shall purchase and make available the
3 appropriate diagnostic or antibody tests, or both, to be
4 administered free of charge to any person who is in need of them
s and is unable to pay for them or furnished free of charge to the
6 attending physician of the person for use in the diagnosis or
7 treatment of the person.n
8 SECTION 3. Chapter 431, Hawaii Revised Statutes$ is
9 amended by adding a new section to article l0A to be
10 appropriately designated and to read as follows:
11 "§431: lOA-Public Health Emergency Testing. Each
12 individual or group accident and health or sickness insurance
13 policy issued or renewed in this State after January 1, 2022,
14 shall, in the case of a declared public health emergenci as
15 defined in section -1, provide to the policyholder and insured
16 dependents of the policyholder coverage for the relevant
17 diagnostic and antibody testing."
18 SECTION 4. This Act shall take effect upon its approval.
19
20
21
INTRODUCED BY
OCS2020-0887/9/11/2020 1 :04 PM
No. 8 (City & County of Honolulu)
Page 2 of 3
Page3 .B. NO.
Report Tit1e:
Public Health Emergency; Testing; Insurance; Individual
Insurance; Group Accident Insurance, Health or Sickness
Insurance; Insurance Policy
Description:
Provides for insurance coverage of testing for a virus or
disease in the event of a public health emergency.
The summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent,
OCS2020-0887 /9/11 /2020 1 :04 PM
No. 8 (City & County of Honolulu)
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