HomeMy WebLinkAboutResolution No. 2021-50COUNTY COUNCIL
COUNTY OF KAUA'I
l\,esolution No. 2021-50
RESOLUTION APPROVING PROPOSALS FOR INCLUSION
IN THE 2022 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 2022 HSAC Legislative Package; and
WHEREAS, at its meeting on October 26, 2021, the HSAC Executive
Committee approved for inclusion in the 2022 HSAC Legislative Package
the following:
1. Relating to Unlawful Chop Shop Activity.
Establishes the criminal offenses of unlawful chop shop activity in the
first and second degree, and to provide for the forfeiture of property
connected with chop shop activity. (County of Maui)
2. Relating to The Coastal Zone Management Act.
Lowers the size threshold for homes that are considered
a "development" under the Coastal Zone Management Act. (County
of Maui)
3. Relating to Climate Change Mitigation.
Establishes a climate change mitigation impact fee for tourism-related
vehicles. (County of Maui)
4. Relating to Lifeguards.
Provides limited liability for county lifeguards and counties providing
lifeguard services on beaches. (HSAC Executive Committee)
5. Relating to Traffic Fines.
Authorizes counties to impose additional fines beyond the fines provided
by the Statewide Traffic Code and apportion the revenues collected from
such fines to the counties where the violations occurred. (City and
County of Honolulu)
1
6. Relating to Motor Vehicle Registration.
Removes the $10 cap on fee for the highway beautification and disposal
of abandoned or derelict vehicles revolving fund. (County of Hawai'i)
7. Relating to Juneteenth Day.
Makes Juneteenth a state holiday. (HSAC Executive Committee)
8. Relating to County Transient Accommodations Tax.
Authorizes the state department of taxation to assist the counties with
the tax collection and addresses issues related to administration and
enforcement of the County transient accommodations tax. (HSAC
Executive Committee)
WHEREAS, HSAC Bylaws requires that all four (4) Counties approve of each
proposal for inclusion in the HSAC Legislative Package; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I,
STATE OF HAWAI'I, that it hereby approves the following proposals which are
attached hereto for inclusion in the 2022 HSAC Legislative Package:
1. Relating to Unlawful Chop Shop Activity
2. Relating to The Coastal Zone Management Act
3. Relating to Climate Change Mitigation
4. Relating to Lifeguards
5. Relating to Traffic Fines
6. Relating to Motor Vehicle Registration
7. Relating to Juneteenth Day
8. Relating to County Transient Accommodations Tax
BE IT FURTHER RESOLVED, that a certified copy of this Resolution be
transmitted to the HSAC Executive Committee.
Introduced by:
MASON K. CHOCK
V:\RESOLUTIONS\2020-2022 TERM\2021-478 2022 HSAC LegPkg MC_AMK_mn.docx
ave
<11:artialbo X
<ICbock X
<11:oi.uben X
110e<ICo$ta X
QEtJ$lin X
11tane$biro X
Jltuali'i X
'Qrotal 7
~av QE:xcm,eb l\ecuseb
0 0 0
CICertif icate c9f ~boption
We berebp certifp tbat lle$olution ~o. 2021-50
i.tla$ abopteb bp tbe <11:ouncil of tbe <11:ountp of Jltaua'i, ~tate of
1!,ai.uai'i, 1Libu'e, Jltaua'i, 1!,ai.uai'i, on December 1, 2021 .
110ateb December 1, 2021
2
.8. NO.
A BILL FOR AN ACT
RELATING TO UNLAWFUL CHOP SHOP ACTIVITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAW All:
SECTION 1. The legislature finds that a chop shop is street
2 vernacular for a location where stolen motor vehicles or motor
3 vehicle parts are taken to be altered to conceal their true
4 identity. Chop shop activity may include the theft of motor
5 vehicles and motor vehicle parts, defacing vehicle identification
6 numbers, re-stamping false vehicle identification numbers into
7 stolen vehicles, and the re-sale of these stolen vehicles to
8 unsuspecting, innocent buyers.
9 The purpose of this Act is to establish the criminal offenses
10 of unlawful chop shop activity in the first and second degree, and
11 to provide for the forfeiture of property connected with chop shop
12 activity.
13 SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended
14 by adding a new part to be appropriately designated and to read as
15 follows:
16 "PART
17 UNLAWFUL CHOP SHOP ACT::tVrTY
18 §708-Definitions. As used in this part:
3
Page2 .B. NO.
"Chop shop" means:
2 (1) Any building, lot, or other premises that is used to
3 store, destroy, dismantle, disassemble, or reassemble a motor
4 vehicle or two or more motor vehicle parts that the person knows
S to have been stolen; or
6 (2) Any building lot, or other premises that is used to
7 alter, conceal, disguise, or remove the vehicle identification
8 number of at least one motor vehicle or two or more motor vehicle
9 parts from at least one motor vehicle that the person knows to
10 have been stolen.
II "Motor vehicle" means any automobile, motorcycle, motorboat,
12 or other motor-propelled vehicle.
13 "Vehicle identification number" means the number that the
14 manufacturer or a governmental agency assigns to a motor vehicle
15 for the purpose of identifying the motor vehicle or a major
16 component part of the motor vehicle. "Vehicle identification
17 number" includes any combination of numbers or letters.
18 §708-Unl.awful chop shop activity. A person commits
19 unlawful chop shop activity if the person knowingly:
20
21
(a) Owns or operates a chop shop;
(b) Transports a stolen motor vehicle or two or more stolen
22 motor vehicle parts to or from a chop shop;
4
Page3 .B. NO.
{cl Sells or transfers to, or purchases or receives from a
2 chop shop a stolen motor vehicle or two or more stolen motor
3 vehicle parts; or
4 (d) Conducts or participates in the conduct of the affairs
s of any chop shop by:
6 {A) Storing, destroying, dismantling, disassembling, or
7 reassembling a stolen motor vehicle or two or more stolen motor
8 vehicle parts; or
9 (B) Altering, concealing, disguising, or removing the
10 vehicle identification number of at least one stolen motor vehicle
11 or two or more motor vehicle parts from at least one stolen motor
12 vehicle.
13 §708-Unlawful chop shop activity in the first degree. (1)
14 A person commits the offense of unlawful chop shop activity in the
IS first degree if the person commits unlawful chop shop activity and
16 the total value of all stolen motor vehicles or stolen motor
17 vehicle parts stored, transported, sold, transferred, purchased,
18 received, destroyed, dismantled, disassembled, reassembled, or
19 made unidentifiable by altering, concealing, disguising, or
20 removing the vehicle identification number of the motor vehicle or
21 motor vehicle parts by the person is equal to or greater than
22 $250,000.
Page4 .B. NO.·
( 2) Unlawful chop shop activity in the first degree is a
2 class A felony.
3 §708-Unlawful chop shop activity in the second degree.
4 (1) A person commits the offense of unlawful chop shop activity
5 in the second degree if the person commits unlawful chop shop
6 activity and the total value of all stolen motor vehicles or stolen
7 motor vehicle parts stored, transported, sold, transferred,
8 purchased, received, destroyed, dismantled, disassembled,
9 reassembled, or made unidentifiable by altering, concealing,
10 disguising, or removing the vehicle identification number of the
11 motor vehicle or motor vehicle parts by the person is less than
12 $250,000, but equal to or greater than $100,000.
13 ( 2} Unlawful chop shop activity in the second degree is a
14 class B felony.
15 §708-Forfeiture of property connected with chop shop
16 activity. Any motor vehicle, motor vehicle part, tool, implement,
17 or real property possessed or used in violation of this part, or
18 any money obtained in violation of this part may be ordered
19 forfeited to the State, subject to the requirements of chapter
20 712A. ""
21 SECTION 3. Statutory material to be repealed is bracketed
22 and in strikethrough. New statutory material is underscored.
6
Page 5 .B. NO.
l SECTION 4. This Act does not affect rights and duties that
2 matured, penalties that were incurred, and proceedings that were
3 begun before its effective date.
4
5
6
7
8
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: ----------------
7
.B. NO.
A BILL FOR AN.ACT
RELATING TO THE COASTAL ZONE MANAGEMENT ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 205A-22, Hawaii Revised Statutes, is
2 amended by amending the definition of "development" to read as
3 follows:
4 '"'Development" means any of . the uses, activities, or
5 operations on land or in or nnder water within a special management
6 area that are included below:
7 ( 1) Placement or erection of any solid material or any
8 gaseous, liquid, solid, or thermal waste;
9 (2) Grading, removing, dredging, mining, or extraction of any
10 materials;
11 (3) Change · in the density or intensity of use of land,
12 including but not limited to the division or subdivision of land;
13 (4) Change in the intensity of use of water, ecology related
14 thereto, or of access thereto; and
15 (5) Construction, reconstruction, or alteration of the size
16 of any structure.
17 "Development" does not include the following:
8
Page 2 .B. NO.
1 (1) Construction or reconstruction of a single-family
2 residence that is less than [seveB thousand five hundred] five
3 thousand square feet of floor area, is not situated on a shoreline
4 parcel or a parcel that is impacted by waves, storm surges, high
5 tide, or shoreline erosion, and is not part of a larger
6 development;
7 ( 2) Repair or maintenance of roads and highways within
8 existing rights-of-way;
9 (3) Routine maintenance dredging of existing streams,
10 channels, and drainage ways;
11 (4) Repair and maintenance of underground utility lines,
12 including but not limited to water, sewer, power, and telephone
13 and minor appurtenant structures such as pad mounted transformers
14 and sewer pump stations;
15 (5) Zoning variances, except for height, density, parking,
16 and shoreline setback;
17 (6) Repair, maintenance, or interior alterations to existing
18 structures;
19 (7) Demolition or removal of structures, except those
20 structures located on any historic site as designated in national
21 or state registers;
22 (8) Use of any land for the purpose of cultivating, planting,
23 growing, and harvesting plants, crops, trees, and other
9
Page3 .B. NO.
1 agricultural, horticultural, or forestry products or animal
2 husbandry, or aquaculture or mariculture of plants or animals, or
3 other agricultural purposes;
4 (9) Transfer of title to land;
s (10) Creation or termination of easements, covenants, or
6 other rights in structures or land;
7 (11) Subdivision of land into lots greater than twenty acres
8 in size;
9 ( 12) Subdivision of a parcel of land into four or fewer
10 parcels when rio associated construction activities are proposed;
11 provided that any land that is so subdivided shall not thereafter
12 qualify for this exception with respect to any subsequent
13
14
subdivision of any of the resulting parcels;
(13) Installation of underground utility lines and
15 appurtenant aboveground fixtures less than four feet in height
16 along existing corridors;
17 (14) Structural and nonstructural improvements to existing
18 single-family residences, where otherwise permissible;
19 (15) Nonstructural improvements to existing commercial or
20 noncommercial structures; and
21 (16) Construction, installation, maintenance, repair, and
22 replacement of emergency management warning or signal devices and
23 sirens;
10
Page4 .B. NO.
1 provided that whenever the authority finds that any excluded use,
2 activity, or operation may have a cumulative impact, or a
3 significant environmental or ecological effect on a special
4 management area, that use, activity, or operation shall be defined
5 as "development" for the purpose of this part . "
6 SECTION 2. Section 205A-22, Hawaii Revised Statutes, is
7 also amended by adding a definition to be as follows:
8 "Floor area" means the roofed area of all floors of a
9 structure measured from the exterior faces of the exterior walls
10 or from the center line of party walls dividing a structure; the
11 floor area of a structure, or portion of the floor area, that is
12 not enclosed by exterior walls shall . be the area under the
13 covering, roof, or floor that is supported by posts, columns,
14 partial walls, or similar structural members that define the wall
15 line. Excluded from the floor area are:
16 ( 1) Parking structures such as garages and carports,
17 including covered driveways and accessways, porte cocheres, and
18 parking attendant booths.
19 {2) Attic areas with headroom less than seven feet.
20 (3) Projections such as sunshade devices and architectural
21 embellishments that are decorative only.
22 (4) Areas covered by roofing treatment to screen rooftop
23 machinery only.
11
Page5 .B. NO.
1 (5) Areas underneath unsupported roof overhangs or
2 cantilevered building overhangs, provided no portion of the area
3 is enclosed except for a safety railing or wall not exceeding four
4 feet in height.
5 (6} Elevators and vent shafts.
6 {7) Basements that are used exclusively for storage.
7 (8) Common walkways and other exterior common areas in multi-
8 family and commercial structures, such as stairways, breezeways,
9 and fire escapes.
10
11
12
(9) Exterior machinery and equipment enclosures such as for
laundry, water heaters, air conditioning, and trash receptacles."
SECTION 3. Statutory material to be repealed is bracketed
13 and in strikethrough. New statutory material is underscored.
14 SECTION 4. This Act does not affect rights and duties that
15 matured, penalties that were incurred, and proceedings that were
16 begun before its effective date.
17
18
19
20
21
SECTION s. This Act shall take effect upon its approval.
INTRODUCED BY: ______________ _
12
.8. NO.
A BILL FOR AN ACT
RELATING TO CLIMATE CHANGE MITIGATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Tourism, as the State's primary industry, has a
2 significant impact on Hawaii's environment and public services. A
3 2019 report, "Destinations at Risk: The Invisible Burden of
4 Tourism", commissioned by the Travel Foundation and co-published
5 with Cornell University's Centre for Sustainable Global Enterprise
6 and EplerWood International, describes how destinations must
7 uncover and account for tourism's hidden costs, referred to as the
8 "invisible burden", to protect and manage vital destination assets
9 worldwide. According to the report, failing to do so puts
10 ecosystemst cultural wonders, and community life at increasing
11 risk and places the tourism industry on a weak foundation.
12 The impacts of cars, buses, shuttles, and other road vehicles,
13 which emit carbon dioxide and other greenhouse gases, contribute
14 to climate change. To ensure the quality of life of residents,
15 the health of the environment, and continued value for the visitor
16 experiencet management efforts to maintain the State's
17 infrastructure and environment are imperative.
13
Page2 .B. NO.
1 Fees with an environmental focus and that are designed to
2 manage the impacts of tourism on climate change and the environment
3 are essential to the State's manageme~t efforts.
4 The purpose of this Act is to assess a climate change
5 mitiga~ion impact fee for persons renting, leasing, or utilizing
6 tourism-related vehicles in the State to be used toward protecting
7 Hawaii's natural resources and environment, which are essential to
8 the quality of life of residents and the State's tourism-based
9 economy.
10 SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended
11 by adding two new sections to be appropriately designated and to
12 read as follows:
13 "§171-A Climate change mitigation impact fee. (a) Beginning
14 July 1, 2022, every rental motor vehicle customer shall pay to the
15 department a climate change mi t~gation impact fee for renting,
16 leasing, or utilizing a rental motor vehicle.
17 (b) The climate change mitigation impact fee shall be
18 assessed to each rental motor vehicle customer at a charge of$
19 per day, or any portion of a day, that the rental motor vehicle is
20 rented or leased by the rental motor vehicle customer.
21 ( C} All fees collected pursuant to subsection (a) shall be
22 deposited to the credit of the general fund; provided that
23 beginning July 1, 2024, all fees collected pursuant to subsection
14
Page 3 .B. NO.
1 (a} shall be deposited to the credit of the climate change
2 mitigation special fund established pursuant to section 171-B.
3 (d} The department shall establish rules pursuant to chapter
4 91 necessary for the collection of climate change mitigation impact
S fees.
6 (e} For the purposes of this section, "rental motor vehiclen
7 means:
8 (1) Any gas powered vehicle that is rented or leased or
9 offered for rent or lease in the State, whether for personal or
10 commercial use, for a period of six months or less;
11 (2} Any vehicle, including vans, minibuses, and buses
12 used for the purpose of transporting persons or luggage for
13 pleasure or sightseeing trips, or transporting persons to pleasure
14 or sightseeing cruises or destinations; and
15 (3) A moped as defined in section 286-2; provided that
16 the moped is rented or leased by a rental motor vehicle customer.
17 "Rental motor vehicle" does not include any vehicle that is
18 used solely for the purposes of transporting individuals to and
19 from a place of work or a public or private school or of
20 transporting persons with disabilities.
21 §171-B Climate change mitigation special fund. (a) There
22 is established in the state treasury a special fund to be known as
15
Page4 .8. NO.
1 the climate change mitigation special fund into which shall be
2 deposited, beginning July 1, 2024:
3
4
(1) All fees collected· pursuant to section 171-A;
(2) Appropriations made by the legislature for deposit
5 into the special fund; and
6 (3) Donations and contributions made by private
7 individuals or organizations for deposit into the special fund.
8 {b) Moneys in the climate change mitigation special fund
9 shall be used by the department for:
10
11
12
13
{1) Climate change mitigation;
{2) Environmental management and planning;
(3) Environmental conservation;
(4) Management and protection of natural resources and
14 ecosystems;
15
16
17
(5) Environmental awareness and education; anq
(6) Sustainable tourism practices."
SECTION 3. In codifying the new sections added by section 2
18 of this Act, the reviser of statutes shall substitute appropriate
19 section numbers for the letters used in designating the new
20 sections in this Act.
21
22
23
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
16
l
2
3
Page 5 .B. NO.
INTRODUCED BY: ____________ _:_. __
17
.B. NO.
A BILL FOR AN ACT
RELATING TO LIFEGUARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAW All:
I SECTION 1. Act 170, Session Laws of Hawaii 2007, was
2 enacted to provide immunity for county lifeguards and the State
3 and county that employed them from liability against damages
4 arising from the acts or omissions of lifeguards while rescue,
5 resuscitative, and other lifeguard duties. Act 170 was intended
6 to provide the State and counties with qualified immunity so
7 that lifeguards can be stationed at dangerous beaches, while
8 appropriately limiting the immunity to acts or omissions
9 committed while providing rescue or resuscitative actions or
10 other emergency lifeguard services on the beach.
11 The Hawaii Tort Law Study Group was established in 1997 by
12 S.C.R. 256 to study Hawaii's tort system. Regarding immunity,
13 the Group reported that "immunity is afforded to classes of
14 persons or entities because it is in the public's best interests
15 to do so," and conferring immunity upon a particular class of
16 persons is often based upon whether or not the social values
18
Page 2
.B. NO.
1 attached to encouraging the behavior of that group are of such
2 great importance as to merit extraordinary protection from suit.
3 Among the criteria established by the Group for reviewing
4 requests for immunity was considering that individuals engaging
5 in inherently dangerous activities need to accept personal
6 responsibility for their actions, and that the Legislature, in
7 determining whether or not to grant immunity, should weigh the
8 costs of not granting immunity to the public in public dollar
9 costs.
10 Act 170 was enacted with a sunset provision to allow for
11 "evaluation of this measure after sufficient experience has been
12 obtained." Act 152, Session Laws of Hawaii 2007, extended the
13 Act until June 30, 2010, and Act 81, Session Laws of Hawaii
14 2009, extended the Act until June 30, 2014, noting that Act 170
15 "created a climate in which lifeguard services could be provided
16 by the counties without fear of liability_"
17 The Legislature finds that sufficient experience has been
18 obtained to allow a determination that the liability for
19 exemptions for the actions of lifeguard should be made
20 permanent.
21 SECTION 2. Section 663-1.5, Hawaii Revised Statutes, is
22 amended to read as follows:
19
Page 3
.B. NO.
1 "§663-1.5 Exception to liability. (a) Any person
2 who in good faith renders emergency care, without
3 remuneration or expectation of remuneration, at the scene
4 of an accident or emergency to a victim of the accident
5 or emergency shall not be liable for any civil damages
6 resulting from the person's acts or omissions, except for
7 such damages as may result from the person's gross
8 negligence or wanton acts or omissions.
9 (b) No act or omission of any rescue team or
10 physician working in direct communication with a rescue
11 team operating in conjunction with a hospital or an
12 authorized emergency vehicle of the hospital or the State
13 or county, while attempting to resuscitate any person who
14 is in immediate danger of loss of life, shall impose any
15 liability upon the rescue team, the physicians, or the
16 owners or operators of such hospital or authorized
17 emergency vehicle, if good faith is exercised.
18 This section shall not relieve the owners or
19 operators of the hospital or authorized emergency vehicle
20 of any other duty imposed upon them by law for the
20
Page 4
.B. NO.
I designation and training of members of a rescue team or
2 for any provisions regarding maintenance of equipment to
3 be used by the rescue team or any damages resulting from
4 gross negligence or wanton acts or omissions.
5 (c) Any physician or physician assistant licensed to
6 practice under the laws of this State or any other state
7 who in good faith renders emergency medical care in a
8 hospital to a person, who is in immediate danger of loss
9 of life, without remuneration or expectation of
10 remuneration, shall not be liable for any civil damages,
11 if the physician or physician assistant exercises that
12 standard of care expected of similar physicians or
13 physician assistants under similar circumstances. Any
14 physician who supervises a physician assistant providing
15 emergency medical care pursuant to this section shall not
16 be required to meet the requirements set forth in chapter
17 453 regarding supervising physicians.
18 (d) Any person or other entity who as a public
19 service publishes written general first aid information
20 dealing with emergency first aid treatment, without
21
Page 5
.8. NO.
1 remuneration or expectation of remuneration for providing
2 this public service, shall not be liable for any civil
3 damages resulting from the written publication of such
4 first aid information except as may result from its gross
5 negligence or wanton acts or omissions.
6 (e) Any person who in good faith, without
7 remuneration or expectation of remuneration, attempts to
8 resuscitate a person in immediate danger of loss of life
9 when administering any automated external defibrillator,
10 regardless of where the automated external defibrillator
11 that is used is located, shall not be liable for any
12 civil damages resulting from any act or omission except
13 as may result from the person's gross negligence or
14 wanton acts or omissions.
15 Any person, including an employer, who provides for
16 an automated external defibrillator or an automated
17 external defibrillator training program shall not be
18 vicariously liable for any civil damages resulting from
19 any act or omission of the persons or employees who, in
20 good faith and without remuneration or the expectation of
22
Page 6
.8. NO.
1 remuneration, attempt to resuscitate a person in
2 immediate danger of loss of life by administering an
3 automated external defibrillator, except as may result
4 from a person's or employer's gross negligence or wanton
S acts or omissions.
6 (f) Any physician or physician assistant who
7 _administers an automated external defibrillator program
8 without remuneration or expectation of remuneration shall
9 not be liable for any civil damages resulting from any
10 act or omission involving the use of an automated
11 external defibrillator1 except as may result from the
12 physician's or physician assistant's gross negligence or
13 wanton acts or omissions.
14 (g) Any person who in good faith, without
15 remuneration or expectation of remuneration, attempts to
16 rescue a person in immediate danger of loss of life by
17 use of a rescue tube, regardless of where the rescue tube
18 that is used is located, shall not be liable for any
19 civil damages resulting from any act or omission except
23
Page 7
.B. NO.
I as may result from the person's gross negligence or
2 wanton acts or omissions.
3 The owner or operator of any premises, property, or
4 facility that is adjacent to navigable waters, where a
5 rescue tube is located shall not be liable for any civil
6 damages resulting from any act or omission relating to
7 the storage, maintenance, or use of the rescue tube.
8 (h) This section shall not relieve any person,
9 physician, physician assistant, or employer of:
10
11
12
13
14
15
16
17
18
(1) Any other duty imposed by law regarding the
designation and training of persons or
employees;
(2) Any other duty imposed by provisions regarding
the maintenance of equipment to be used for
resuscitation; or
(3) Liability for any damages resulting from gross
negligence, or wanton acts or omissions.
(i) Any person qualified as a county lifeguardL
19 including an employing county, who renders rescue,.
20 resuscitative, or other lifeguard services, without
24
Page 8
.8. NO.
1 remuneration or expectation of remuneration, on a beach
2 or in the ocean in the scope of employment as a county
3 lifeguard shall not be liable for any civil damages_
4 resulting from the person's acts or omissions while
5 providing rescue, resuscitative, or other lifeguard
6 services, except-for such damages as may result from the
7 person's gross negligence or wanton acts or omissions.
8 ill For the purposes of this section:
9 11Automated external defibrillator program" means an
10 appropriate training course that includes cardiopulmonary
11 resuscitation and proficiency in the use of an automated
12 external defibrillator.
13 "Good faith" includes but is not limited to a
14 reasonable opinion that the immediacy of the situation is
15 such that the rendering of care should not be postponed.
16 "Rescue team11 means a special group of physicians,
17 basic life support personnel, advanced life support
18 personnel, surgeons, nurses, volunteers, or employees of
19 the owners or operators of the hospital or authorized
20 emergency vehicle who have been trained in basic or
25
Page 9
.B. NO.
1 advanced life support and have been designated by the
2 owners or operators of the hospital or authorized
3 emergency vehicle to attempt to provide such support and
4 resuscitate persons who are in immediate danger of loss
5 of life in cases of emergency.
6 "Rescue tube" means a flotation device used for water
7 rescues that helps support the victim's and rescuer's
8 weight."
9 SECTION 3. This Act does not affect rights and
10 duties that matured, penalties that were incurred, and
11 proceedings that were begun before its effective date.
12 SECTION
13 SECTION
14 approval.
15
16
17
18
4.
5.
New statutory material is underscored.
This Act shall take effect upon its
INTRODUCED BY:
26
Page 10
.B. NO.
Report Title:
County lifeguards; immunity.
Description:
Provides limited liability for county lifeguards and counties
providing lifeguard services on beaches.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
27
.B. NO. ----------
A BILL FOR AN ACT
RELATING TO TRAFFIC FINES.
BE IT ENACTED BY THE LEGISLATURE OF THE'.ST ATE OF HA WAlI:
SECTION 1. The purpose of this Act is to enable the
2 respective counties to impose and collect fines for violations
3 of the statewide traffic code, in addition to the fines imposed
4 by the State under chapter 291C.
5 SECTION 2. Section 291C-171, Hawaii Revised Statutes, is
6 amended to read as follows:
7 "§291C-171 Disposition of fines and forfeitures. (a} All
8 fines and forfeitures collected upon conviction or upon the
9 forfeiture of bail of any person charged with a violation of any
10 section or provision of the state traffic laws and all
11 assessments collected relating to the commission of traffic
12 infractions shall be paid to the director of finance of the
13 State(T)i grovided that each county by ordinance may impose
14 .g.9,<:l._.:iJ:ional fines for the violation of any section or provision
IS of the state traffic laws. Within thirty days after the
16 effective date of such an ordinance, the traffic violations
17 J::mrE=~au shall prepare citation forms for the police department of
18 that county showing all state and county fines. Persons
28
Page2 .B. NO.
receiving the citations with county fines may contest them in
2 the same manner that state fines are contested. The traffic
3
4
5
6
violations bureau shall collect the fines for the counties and
shall remit them to the respective director of budget and fiscal
services, or finance, of the counties on a semi-annual basis.
(bl In addition to any monetary assessment imposed for a
7 traffic infraction, the court may impose penalties on all
8 outstanding traffic citations and judgments. The penalties
9 shall be established pursuant to rules approved by the supreme
10 court; provided that the amounts of the penalties shall be based
11 upon a graduated scale that increases in proportion to the
12 length of the delinquency. Any interest penalty imposed as
13 provided in this section may be waived by the court for good
14 cause. All penalties collected for such outstanding citations
15 and judgments shall be paid to the director of finance of the
16 State(.]; provided that if the county has enacted an ordinance
17 imposing an additional fine for the infraction, the director
18 shall remit the counties' share, if any, of the penalty to the
19 respective director of budget and fiscal services, or finance,
20 of the counties on a semi-annual basis."
21
29
Page3 .8. NO.
SECTION 3. Section 291C-lll is amended by amending
2 subsection (a) to read as follows:
3 "(a) With respect to highways under their respective
4 jurisdictions, the director of transportation is authorized ~o
5 and the counties by ordinance may prohibit or restrict Lhe
6 stopping, standing, or parking of vehicles where the stopp~ng,
7 standing, or parking is dangerous to those using the highway or
8 where the stopping, standing, or parking of vehicles wouid
9 interfere unduly with the free movement of traffic; prov:dcd
10 that the violation of any law or any ordinance, regardless of
11 whether established under this or any other section, prohibl~ing
12 or restricting the stopping, standing, or parking of vehicles
13 sha.11 consd tute a t raff ic infraction. [ !J!A.e] Except as provided
14 in section 291C-171, the count~es shall not provide any other
15 penalty, civil or criminal, ~r any other ~harge, in the form of
16 rental or otherwise, in place of or in addition to the fine to
17 be imposed by the district court for any violation of any
18 ordinance prohibiting or restric:ing the stopping, standing, or
19 parking of vehicles.
20 This section shall not be r~nstrued as prohibiting the
21 authority of the director of transportation or the counties to
22 allow the stopping, standing, or parking of motor vehicles at a
30
Page4 .B. NO.
l "T-shapedu intersection on highways under their respective
2 jurisdictions; provided that such stopping, standing, or parking
3 of motor vehicles is not dangerous to those using the highway or
4 where the stopping, standj.ng, or parking of motor vehicles would
5 not unduly interfere with the free movement of traffic.
6 The appropriate police department and county or prosecuting
7 attorney of the various counties shall enforce any law or
8 ordinance prohibiting or restricting the stopping, standing, or
9 parking of vehicles, including but not limited to the issuance
10 of parking tickets. Any person committing a violation of any law
11 or ordinance, regardless of whether established under this or
12 any other section, prohibiting or restricting the stopping,
13 standing, or parking of vehicles shall be subject to a fine to
14 be enforced and collected by the district courts of this State
15 and to be deposited into the state general fund for state use."
16 SECTION 4. Statutory material to be repealed is bracketed
17 and stricken. New statutory material is underscored.
18 SECTION 5. This Act shall take effect upon its approval.
19
20 INTRODUCED BY: ------------------
31
.B. NO.
A BILL FOR AN ACT
RELATING TO MOTOR VEHICLE REGISTRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAW All:
1 SECTION 1. Section 286-51, Hawaii Revised Statutes, is
2 amended by amending subsection (b) to read as follows:
3 "(b) This part shall be administered by the director of
4 finance in conjunction with the requirements of sections 249-1
5 to 249-13 and shall entail no additional expense or charge to
6 the person registering the ownership of a motor vehicle other
7 than as provided by this section or by other laws; provided that
8 for each new certificate of ownership issued by the director of
9 finance under section 286-52, the director of finance may charge
10 a fee which shall be deposited in the general fund. The fees
11 charged to issue a new certificate of ownership shall be
12 established by the county's legislative body.
13 Notwithstanding any other law to the contrary, an
14 additional fee of not more than $1 for each certificate of
15 registration for a U-drive motor vehicle and $2 for each
16 certificate of registration for all other motor vehicles may be
17 established by ordinance and collected annually by the director
32
Page 2
.B. NO.
1 of finance of each county, to be used and administered by each
2 county:
3
4
5
6
7
8
( 1) For the purpose of beautification and other related
activities of highways under the ownership, control,
and jurisdiction of each county; and
(2) To defray the additional cost in the disposition.and
other related activities of abandoned or derelict
vehicles as prescribed in chapter 290. For the
9 purposes of this paragraph, other related activities
10 shall include but need not be limited to any and all
11 storage fees that are negotiated between each county
12 and a towing company contracted by the county to
13 remove and dispose of abandoned or derelict vehicles.
14 The $2 fee established pursuant to this subsection for
15 certificates of registration for motor vehicles other than U-
16 drive motor vehicles may be increased by ordinance [up to a
17 mmdmum of $10]; provided that all amounts received from any fee
18 increase over $2 shall be expended only for the purposes of
19 paragraph (2). The moneys so assessed and collected shall be
20 placed in a revolving fund entitled, "the highway beautification
21 and disposal of abandoned or derelict vehicles revolving fund"."
33
Page 3
.B. NO.
1 SECTION 2. Statutory material to be repealed is bracketed
2 and stricken.
3 SECTION 3. This Act shall take effect upon its approval.
4
5
6
7
8 INTRODUCED BY:
9 BY REQUEST
34
1
THIRTY-FIRST LEGISLATURE. 2022
STATE OF HAWAII .B. NO.
A BILL FOR AN ACT
RELATING TO JUNETEENTH DAY.
BE IT ENACTEDBYTHE LEGISLATURE OFTHE STATEOFHAWAII:
SECTION 1. The purpose of this Act is to establish June 19
2 of each year as a state holiday, in recognition of the history
3 and legacy of slavery in the United States and in honor of the
4 significant roles, contributions, and achievements of African
5 Americans in the history of the United States and Hawaii, the
6 fundamental importance of equal treatment for all, regardless of
7 race, color, or national origin.
8 SECTION 2. Section 8-, as enacted in Section 2 of Act
9 53, Session Laws of Hawaii 2021, is amended to read as follows:
10 "§8-Juneteenth. June 19 of each year shall be known
11 and designated as Juneteenth to commemorate the end of slavery
12 in the United States and in honor and recognition of the
13 significant roles and contributions of African Americans in the
14 history of the United States[~]and Hawaii. [-.:H.ilft-eteenth-i-s-ft-e~
15 aoo-e-l=ta-11 rwt be conotrB:CEi--'E-6--Be a otat.e holiday.] "
35
Page2 .B. NO.
1 SECTION 3. Section 8-1, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "§8-1 Holidays designated. The following days of each
4 year are set apart and established as state holidays:
5 The first day in January, New Year's Day;
6 The third Monday in January, Dr. Martin Luther King, Jr.,
7 Day;
8 The third Monday in February, Presidents' Day;
9 The twenty-sixth day in March, Prince Jonah Kuhio Kalanianaole
10 Day;
11 The Friday preceding Easter Sunday, Good Friday;
12 The last Monday in May, Memorial Day;
13 The eleventh day in June, King Kamehameha I Day;
14 The nineteenth day in June, Juneteenth Day;
15 The fourth day in July, Independence Day;
16 The third Friday in August, Statehood Day;
17 The first Monday in September, Labor Day;
18 The eleventh day in November, Veterans' Day;
19 The fourth Thursday in November, Thanksgiving Day;
20 The twenty-fifth day in December, Christmas Day;
21 All election days, except primary and special election
22 days, in the county wherein the election is held;
36
Page3 .B. NO.
1 Any day designated by proclamation by the President of the
2 United States or by the governor as a holiday."
3 SECTION 4. Statutory material to be repealed is bracketed
4 and stricken. New statutory material is underscored.
5 SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: ----------------
37
Page4 .B. NO.
Report Title:
Juneteenth Day
Description:
Makes Juneteenth a state holiday.
The summary description of legislation appearing on this page is for
informational purposes only and is not legislation or evidence of legislative
intent.
38
. B. NO.
A BILL FORAN ACT
COUNTY TRANSIENT ACCOMMODATIONS TAX.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-, Hawaii Revised Statutes, is
amended to read as follows:
"§46-Com1ty transient acconnnodations tax. l.a.L Each
county may establish a transient accommodations tax [no~ to
+ae..,.J{..-.e~e-et-'ld----Ft--fJa-1-;1 e ........ ..,.l'l'l ... ,a:i-.1..-a,-i· l'l'lffi,-t-tUffl'l'lt-, -;f..,a.,-t-e,........aa..-.e=tF---1-f-..01--1r'-'ltr---JaFT1-i-rr.t-1 -;a-tt-e-.ae,-;-t--1i-.o..-irFT1--,-2-3.,..,71-1D-r---. ] ~
ordinance. The county transient accommodations tax shall be in
addition to any state transient accommodations tax. [A COUfl'eJ
clectin~ to establish a transient acco11t1ttodat:ie,11s tM{ pursuant to
thia aeetie!i aLa:11 do ae bJ ordifla:ftee.]
(b) The revenues received from a transient accommodations
tax established pursuant to this section shall be used to
address the pressures of the visitor industry on the demand for
co1mty services. includino; police and fire protection, parks and
recreation facilities. emergency services. water systems. roads
and transportation systems. sewao;e systems and other
39
Page 2
. B. NO.
infrastructure; provided that impacted county services and
facilities may be further defined by ordinance.
(cl A county electing to exercise the authority granted
under this section shall notify the director of taxation within
ten days after the county has adopted the county transient
accommodations tax ordinance. Beginning no earlier than January
1, following the enactment of the ordinance, the director of
taxation shall levy, assess, collect. and otherwise administer
the county transient accommodations tax."
SECTION 2. Section 237D-, Hawaii Revised Statutes, is
amended to read as follows:
"§237D-County transient accommodations tax;
administration. ( a) The county transient accommodations tax,
upon the adoption of a county ordinance and in accordance with
the requirements of section 46-, shall be levied, assessed,
and collected as provided in this section on all gross rental,
gross rental proceeds, and fair market rental value taxable
under this chapter. [Ho cou11t1 alr5:ll aet ita trE1:1raie11t
acco1tattodatiu11s Lax al a rate greater Ll1a11 Llrrcc per ccr±L of all
e;Jroaa re1rtE1:l, e;Jroaa relit5:l proceeda, mid f5:ir 1ttE1:rket rent5:l
value taxable □11der Ll1is clrapter.] With respect to the county
40
Page 3
. B. NO.
transient accommodations tax, the [ElJ3}3liaEJ:l5le aei:mt1 elireater ef
finance] director of taxation shall have all the rights and
powers of the director of taxation provided under this chapter.
(b) The county transient accommodations tax, if adopted,
shall be imposed on the gross rental, gross rental proceeds, and
fair market rental value of all written contracts that require
the passing on of the taxes imposed under this chapter; provided
that if the gross rental, gross rental proceeds, and fair market
rental value are received as payments beginning in the taxable
year in which the taxes become effective, on contracts entered
into prior to the adoption of the ordinance pursuant to
section 46-, and the written contracts do not provide for the
passing on of increased rates of taxes, the county transient
accommodations tax shall not be imposed on the gross rental,
gross rental proceeds, and fair market rental value covered
under the written contracts. The county transient
accommodations tax shall be imposed on the gross rental, gross
rental proceeds, and fair market rental value from all contracts
entered into on or after the adoption of the ordinance pursuant
to section 46-, regardless of whether the contract allows for
the passing on of any tax or any tax increases.
41
Page 4
. B. NO.
(c) No county transient accommodations tax shall be
established on any form of accommodation that is exempt from the
taxes imposed by this chapter pursuant to section 237D-3.
(d) The director of taxation shall have the exclusive
rights and power to determine the county or counties in which a
person is engaged in b1isiness and. in the case of a person
engaged in business in more than one county, the director shall
determine, through apportionment or other means, that portion of
the surcharge on state tax attributable to business conducted in
each county.
(e) The director of taxation shall revise the transient
accommodations tax form to provide for the cJear and separate
designation of the imposition and payment of the county
transient accommodation tax.
(f) All taxpayers who file on a fiscal year basis whose
fiscal year ends after December 31 of the year Prior to the
taxable year in which the taxes become effective, shall file a
short period annual return for the period preceding January 1 of
the taxable year in which the taxes become effective. Each
fiscal year taxpayer shall also file a short period annual
return for the period starting on January 1 of the taxable year
42
Page 5
. B. NO.
in which the taxes become effective, and ending before January 1
of the following year.
(g) All county transient accommodations tax collected by
the director of taxation shall be paid into the state treasury
quarterly, within ten working days after collection, and shall
be placed by the director of finance in a special accounts for
each county that has adopted the tax by ordinance. Out of the
revenues generated by county transient accommodations tax paid
into each respective state treasury special account, the
director of finance shall deduct per cent of the gross
proceeds of a respective county's transient accommodations tax
to reimburse the state for the costs of assessment. collection.
disposition, and oversight of the county transient
accommodations tax incurred by the State. Amounts retained
shall be general fund realizations of the State.
The amounts deducted for costs of assessment, collection,
disposition, and oversight of county transient accommodations
tax shall be withheld from payment to the counties by the State
out of the county transient accommodations tax collected for the
current calendar year.
43
Page 6
. B. NO.
For the purpose of this section, the costs of assessment,
collection. disposition, and oversight of the county transient
accommodations tax shall include any and all costs, direct or
indirect, that are deemed necessary and proper to effectively
administer this chapter.
(h) After the deduction and withholding of the costs under
subsection (g), the director of finance shall pay the remaining
balance on quarterly basis to the director of each county that
has adopted a county transient accommodations tax. The
quarterly payments shall be made after the county transient
accommodations tax have been paid into the state treasury
special accounts or after the disposition of any tax appeal, as
the case may be. All county transient accommodations tax shall
be distributed by the director of finance to the county in which
the county transient accommodations tax is generated and shall
be a general fund realization of the county."
SECTION 3. Statutory material to be repealed is bracketed
and· stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2023.
INTRODUCED BY:
44