KOHALA BLOG: A Kohala point of view by one of its residents: Margaret Wille. In my opinion...

Senate Bill 1027: THINK I HELPED TO KILL (AT LEAST SHELVE) THIS OUTRAGEOUS ATTEMPT TO AVOID COUNTY AUTHORITY

ANOTHER OUTRAGEOUS ATTEMPT TO ELIMINATE ALL COUNTY SAY-SO HERE
WITH REGARD TO  STATE LANDS IN THE  COASTAL ZONE

THIS LEGISLATION EASILY PAST IN THE SENATE WITH ONLY SENATORS 
LAURA THEILAN AND RUSSEL RUDERMAN SPEAKING IN OPPOSITION

THIS PROPOSED LAW WOULD HAVE REMOVED THE COUNTY'S ROLE IN PERMITTING DEVELOPMENT LOCATED ON STATE LAND WITHIN THE COASTAL MANAGEMENT ZONE;

STATE PLANNING DIRECTOR JESSE SOUKI DID HIS BEST TO MAKE THIS BILL SOUND LOOK GOOD -- BUT EVEN HE COULD NOT MAKE THIS BILL SOUND REASONABLE (THE WORDING WAS SIMILAR TO THE PLDC RULES)

FYI: I went to Honolulu to testify at my own expense... it was worthwhile given that  no one else had an understanding of what a travesty of justice this legislation would have been.



Measure Title: RELATING TO COASTAL ZONE MANAGEMENT.
Report Title: Coastal Zone Management
Description: Adds a new section to part II of chapter 205A, HRS, to provide a process for state consistency review and certification for development by a state agency on state land within the special management area. After a notice of state consistency certification is published in the periodic bulletin by the office of environmental quality control, or upon issuance of federal consistency concurrence, a development by a state agency on state land shall be allowed within a special management area without obtaining a special management area permit or shoreline setback variance as otherwise required by chapter 205A, HRS. Effective 07/01/2050. (SD1)
Companion:  HB797
Package: Gov
Current Referral: WAL/OMH, JUD
Introducer(s): KIM (Introduced by request of another party)

Sort by Date Status Text
1/24/2013SIntroduced.
1/24/2013SPassed First Reading.
1/24/2013SReferred to WTL/EGH, WAM.
2/1/2013SThe committee(s) on WTL/EGH has scheduled a public hearing on 02-05-13 1:30PM in conference room 225.
2/5/2013SThe committee(s) on EGH recommend(s) that the measure be PASSED, UNAMENDED. The votes in EGH were as follows: 6 Aye(s): Senator(s) Dela Cruz, Slom, Baker, Chun Oakland, English, Wakai; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) L. Thielen.
2/5/2013SThe committee(s) on WTL recommend(s) that the measure be PASSED, UNAMENDED. The votes in WTL were as follows: 4 Aye(s): Senator(s) Solomon, Shimabukuro, Dela Cruz, Slom; Aye(s) with reservations: none ; 0 No(es): none; and 3 Excused: Senator(s) Ihara, Ruderman, L. Thielen.
2/11/2013SReported from WTL/EGH (Stand. Com. Rep. No. 161) with recommendation of passage on Second Reading and referral to WAM.
2/11/2013SReport adopted; Passed Second Reading and referred to WAM.
2/19/2013SThe committee(s) on WAM will hold a public decision making on 02-22-13 9:00AM in conference room 211.
2/22/2013SThe committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 12 Aye(s): Senator(s) Ige, Kidani, Chun Oakland, Dela Cruz, English, Espero, Kahele, Keith-Agaran, Tokuda; Aye(s) with reservations: Senator(s) Ruderman, L. Thielen, Slom ; 0 No(es): none; and 1 Excused: Senator(s) Kouchi.
3/1/2013SReported from WAM (Stand. Com. Rep. No. 719) with recommendation of passage on Third Reading, as amended (SD 1).
3/1/2013S48 Hrs. Notice 03-05-13.
3/5/2013SReport adopted; Passed Third Reading, as amended (SD 1). Ayes, 22; Aye(s) with reservations: Senator(s) Chun Oakland, Green, Hee, Keith-Agaran, Shimabukuro, Slom . Noes, 3 (Senator(s) Ihara, Ruderman, L. Thielen). Excused, 0 (none). Transmitted to House.
3/5/2013HReceived from Senate (Sen. Com. No. 275) in amended form (SD 1).
3/7/2013HPass First Reading
3/7/2013HReferred to WAL/OMH, JUD, referral sheet 30
3/12/2013HBill scheduled to be heard by WAL/OMH on Friday, 03-15-13 8:30AM in House conference room 325.
3/15/2013HThe committee(s) on WAL/OMH recommend(s) that the measure be deferred.


THE SENATE S.B. NO. 1027 TWENTY-SEVENTH LEGISLATURE, 2013   STATE OF HAWAII     

A BILL FOR AN ACT

 

 

RELATING TO COASTAL ZONE MANAGEMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 205A, Hawaii Revised Statutes, is amended by adding to part II a new section to be appropriately designated and to read as follows:

     "§205A–    State consistency review and certification.  (a)  Notwithstanding any other law to the contrary, a development by a state agency on state land within the special management area need not obtain a permit or shoreline setback variance as otherwise required by this chapter, provided that the development meets the following requirements:

     (1)  The state agency shall conduct a state consistency review;

     (2)  Prior to completion of the state consistency review, the state agency shall file a notice of the state consistency review, with a thirty-day comment period;

     (3)  Prior to publication of the notice of the state consistency review, the state agency shall provide a copy of its notice of the state consistency review to the lead agency;

     (4)  After state agency responses to relevant public comments received during the thirty-day period have been sent to the commenting persons or entities and consultation with the lead agency has concluded, the state agency shall file a notice of state consistency certification, which notice shall include instructions on how to retrieve electronic and printed copies of the state agency responses and all public comments received by the state agency; and

     (5)  Except as otherwise provided by law, printed copies of responses and public comments shall be provided upon request, provided that the state agency may require the payment of the reasonable cost of providing paper copies.

     (b)  After publication of the state consistency certification, a development by a state agency on state land shall be allowed within a special management area without obtaining a permit or shoreline setback variance as otherwise required by this chapter.

     (c)  The process of state consistency review and consistency certification may occur concurrently with an environmental review under chapter 343.

     (d)  Subsection (a) shall not apply to a development by a state agency that is subject to federal consistency review pursuant to title 15 Code of Federal Regulations part 930.  Upon issuance of a federal consistency concurrence pursuant to title 15 Code of Federal Regulations part 930, a development by a state agency on state land shall be allowed without obtaining a permit or shoreline setback variance as otherwise required by this chapter.

     (e)  The lead agency may adopt, amend, or repeal rules to implement the purposes of this section."

     SECTION 2.  Section 205A-1, Hawaii Revised Statutes, is amended to read as follows:

     "§205A-1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Agency" means any agency, board, commission, department, or officer of a county government or the state government, including the authority as defined in part II[;].

     "Artificial light" or "artificial lighting" means the light emanating from any fixed human-made device.

     "Coastal zone management area" means all lands of the State and the area extending seaward from the shoreline to the limit of the State's police power and management authority, including the United States territorial sea[;].

     "Coastal zone management program" means the comprehensive statement in words, maps, or other permanent media of communication, prepared, approved for submission, and amended by the State and approved by the United States government pursuant to Public Law No. 92-583, as amended, and the federal regulations adopted pursuant thereto, which describes objectives, policies, laws, standards, and procedures to guide and regulate public and private uses in the coastal zone management area, provided [however] that the "coastal zone management program" is consistent with the intent, purpose, and provisions of this chapter[;].

     "Directly illuminate" means to illuminate through the use of a glowing element, lamp, globe, or reflector of an artificial light source.

     "Land" means the earth, water, and air above, below, or on the surface[;].

     "Lead agency" means the office of planning[;].

     "Notice" unless otherwise indicated means publication in the periodic bulletin published by the office of environmental quality control, pursuant to section 343-3.

     "Ocean waters" means all waters seaward of the shoreline within the jurisdiction of the State.

     "Person" means an individual, corporation, or partnership, and an organization or association, whether or not incorporated[;].

     "Public advisory body" means the advisory body established in section 205A-3.5[;].

     "Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves.

     "State consistency certification" means a statement by a state agency that it has completed the state consistency review and the development by a state agency on state land is consistent with section 205A-26(1), (2)(A), (2)(B), and (3) and with the objectives and policies of section 205A-2.

     "State consistency review" means the review of a development by a state agency on state land for consistency with section 205A-26(1), (2)(A), (2)(B), and (3) and with the objectives and policies of section 205A-2."

     SECTION 3.  Section 205A-28, Hawaii Revised Statutes, is amended to read as follows:

     "§205A-28  Permit required for development.  [No] Except as provided by section 205A-   , no development shall be allowed in any county within the special management area without obtaining a permit in accordance with this part."

     SECTION 4.  Section 205A-44, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Except as provided in this section, structures are prohibited in the shoreline area without a variance pursuant to this part.  Structures in the shoreline area shall not need a variance if:

     (1)  They were completed prior to June 22, 1970;

     (2)  They received either a building permit, board approval, or shoreline setback variance prior to June 16, 1989;

     (3)  They are outside the shoreline area when they receive either a building permit or board approval;

     (4)  They are necessary for or ancillary to continuation of existing agriculture or aquaculture in the shoreline area on June 16, 1989;

     (5)  They are minor structures permitted under rules adopted by the department which do not affect beach processes or artificially fix the shoreline and do not interfere with public access or public views to and along the shoreline; [or]

     (6)  Work being done consists of maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or watersports recreational facilities, which are publicly owned, and which result in little or no interference with natural shoreline processes; or

     (7)  As provided in section 205A-    ;

provided that permitted structures may be repaired, but shall not be enlarged within the shoreline area without a variance."

     SECTION 5.  Section 206E-8.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Notwithstanding chapter 205A, except as provided for in section 205A-   , all requests for developments within a special management area and shoreline setback variances for developments on any lands within a community development district, for which a community development plan has been developed and approved in accordance with section 206E-5, shall be submitted to and reviewed by the lead agency as defined in chapter 205A.  In community development districts for which a community development plan has not been developed and approved in accordance with section 206E-5, parts II and III of chapter 205A shall continue to be administered by the applicable county authority until a community development plan for the district takes effect."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST

 


 

Report Title:

Coastal Zone Management

 

Description:

Adds a new section to part II of chapter 205A, Hawaii Revised Statutes, to provide a process for state consistency review and certification for development by a state agency on state land within the special management area.  After a notice of state consistency certification is published in the periodic bulletin by the Office of Environmental Quality Control, or upon issuance of federal consistency, a development by a state agency on state land shall be allowed within a special management area without obtaining a special management area permit or shoreline setback variance as otherwise required by chapter 205A.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.


SB727: THE MONSANTO INSPIRED BILL TO ELIMINATE COUNTY AUTHORITY CONCERNING HEALTH AND LIFE (WHAT'S LEFT?)

This bill is still alive... to be voted on by the State Judiciary Committee 3-21-13 at 2 pm
Testimony may be submitted until 3-20-13 at 2 pm (or as late testimony thereafter)

THE PHOTO BELOW  IS IOWA REP TESTIFYING TO THE STATE JUDICIARY COMMITTEE ABOUT HOW  SO FAR IN 27 STATE THEY HAVE BEEN ABLE TO ELIMINATE ALL LOCAL COUNTY RULE REGARDING MATTERS OF HEALTH AND WELFARE... THEREBY LIMITING COUNTIES TO HAVING AUTHORITY TO PROTECT PRIVATE PROPERTY AND MAINTAIN ORDER...



The published bill description is false  in THAT IT GIVES NO CLUE TO THIS INTENT... (SEE PUBLISHED DESCRIPTION BELOW)

WHY WERE NOT ALL THE MAYORS PRESENT TO FIGHT THIS? ...WHY WAS I ONE OF ONLY THREE PERSONS THERE TO OPPOSE THIS BILL?  DISGRACEFUL..

I ASKED THE HOUSE COMMITTEE IF THIS LEGISLATION IS JUST A JOKE AND SAID THIS IS WHY WE DON'T TRUST YOU.

THIS BILL WAS INTRODUCED BY SENATOR DELA CRUZ --
PERHAPS AS PUNISHMENT FOR COUNTY LEVEL ANTI-PLDC SENTIMENT
there was a corresponding House Bill introduced by Rep Cliff Tsuji.

   WILL WE  TOLERATE A STATE GOVERNMENT THAT IS CONTROLLED BY MONSANTO AND ITS ALLIES?





Measure Title: RELATING TO ECONOMIC DEVELOPMENT.
Report Title: County Ordinances on Property, Order, and Security; Conflicts with State and Federal Laws
Description: Expressly prohibits the enactment of county ordinances relating to the protection of property and the order and security of inhabitants, if the ordinances conflict with the intent of state or federal statutes, rules, or regulations.
Companion:
Package: None
Current Referral: JUD, FIN
Introducer(s): DELA CRUZ

Sort by Date Status Text
1/18/2013SIntroduced.
1/22/2013SPassed First Reading.
1/22/2013SReferred to PSM.
1/29/2013SThe committee(s) on PSM has scheduled a public hearing on 02-05-13 2:45PM in conference room 224.
2/5/2013SThe committee(s) on PSM deferred the measure until 02-12-13 2:45PM in conference room 224.
2/12/2013SThe committee on PSM deferred the measure.
2/14/2013SThe committee(s) on PSM will hold a public decision making on 02-19-13 2:45PM in conference room 224.
2/19/2013SThe committee(s) on PSM recommend(s) that the measure be PASSED, UNAMENDED. The votes in PSM were as follows: 3 Aye(s): Senator(s) Espero, Baker, Slom; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Galuteria, Green.
2/28/2013SReported from PSM (Stand. Com. Rep. No. 478) with recommendation of passage on Second Reading and placement on the calendar for Third Reading.
2/28/2013SReport adopted; Passed Second Reading.
2/28/2013SOne Day Notice 03-01-13.
3/1/2013SDeferred until 03-05-13.
3/5/2013SPassed Third Reading. Ayes, 24; Aye(s) with reservations: Senator(s) Baker, English, Ige, Ihara, Keith-Agaran, Ruderman, Solomon . Noes, 1 (Senator(s) L. Thielen). Excused, 0 (none). Transmitted to House.
3/5/2013HReceived from Senate (Sen. Com. No. 201).
3/7/2013HPass First Reading
3/7/2013HReferred to JUD, FIN, referral sheet 30
3/12/2013HBill scheduled to be heard by JUD on Friday, 03-15-13 2:00PM in House conference room 325.
3/15/2013HThe committee(s) on JUD recommend(s) that the measure be deferred until 03-21-13 at 2:00pm.


THE SENATE

S.B. NO.

727

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 


Here is the bill -- see section 13.

A BILL FOR AN ACT

 relating to economic development.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 46-1.5, Hawaii Revised Statutes, is amended to read as follows:

     "§46-1.5  General powers and limitation of the counties.  Subject to general law, each county shall have the following powers and shall be subject to the following liabilities and limitations:

     (1)  Each county shall have the power to frame and adopt a charter for its own self-government that shall establish the county executive, administrative, and legislative structure and organization, including but not limited to the method of appointment or election of officials, their duties, responsibilities, and compensation, and the terms of their office;

     (2)  Each county shall have the power to provide for and regulate the marking and lighting of all buildings and other structures that may be obstructions or hazards to aerial navigation, so far as may be necessary or proper for the protection and safeguarding of life, health, and property;

     (3)  Each county shall have the power to enforce all claims on behalf of the county and approve all lawful claims against the county, but shall be prohibited from entering into, granting, or making in any manner any contract, authorization, allowance payment, or liability contrary to the provisions of any county charter or general law;

     (4)  Each county shall have the power to make contracts and to do all things necessary and proper to carry into execution all powers vested in the county or any county officer;

     (5)  Each county shall have the power to:

         (A)  Maintain channels, whether natural or artificial, including their exits to the ocean, in suitable condition to carry off storm waters;

         (B)  Remove from the channels, and from the shores and beaches, any debris that is likely to create an unsanitary condition or become a public nuisance; provided that, to the extent any of the foregoing work is a private responsibility, the responsibility may be enforced by the county in lieu of the work being done at public expense;

         (C)  Construct, acquire by gift, purchase, or by the exercise of eminent domain, reconstruct, improve, better, extend, and maintain projects or undertakings for the control of and protection against floods and flood waters, including the power to drain and rehabilitate lands already flooded; and

         (D)  Enact zoning ordinances providing that lands deemed subject to seasonable, periodic, or occasional flooding shall not be used for residence or other purposes in a manner as to endanger the health or safety of the occupants thereof, as required by the Federal Flood Insurance Act of 1956 (chapter 1025, Public Law 1016);

     (6)  Each county shall have the power to exercise the power of condemnation by eminent domain when it is in the public interest to do so;

     (7)  Each county shall have the power to exercise regulatory powers over business activity as are assigned to them by chapter 445 or other general law;

     (8)  Each county shall have the power to fix the fees and charges for all official services not otherwise provided for;

     (9)  Each county shall have the power to provide by ordinance assessments for the improvement or maintenance of districts within the county;

    (10)  Except as otherwise provided, no county shall have the power to give or loan credit to, or in aid of, any person or corporation, directly or indirectly, except for a public purpose;

    (11)  Where not within the jurisdiction of the public utilities commission, each county shall have the power to regulate by ordinance the operation of motor vehicle common carriers transporting passengers within the county and adopt and amend rules the county deems necessary for the public convenience and necessity;

    (12)  Each county shall have the power to enact and enforce ordinances necessary to prevent or summarily remove public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unoccupied lots.  In connection with these powers, each county may impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the property owners fail, after reasonable notice, to comply with the ordinances.  The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to each county's respective circumstances.  The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property;

    (13)  Each county shall have the power to enact ordinances deemed necessary to [protect health, life, and property, and to preserve]:

         (A)  Protect property; or

         (B)  Preserve the order and security of the county and its inhabitants;

          on any subject or matter not inconsistent with, or tending to defeat, the intent of any state [statute where the] or federal statute, rule, or regulation that does not disclose an express or implied intent that the statute, rule, or regulation shall be exclusive or uniform throughout the State;

    (14)  Each county shall have the power to:

         (A)  Make and enforce within the limits of the county all necessary ordinances covering all:

              (i)  Local police matters;

             (ii)  Matters of sanitation;

            (iii)  Matters of inspection of buildings;

             (iv)  Matters of condemnation of unsafe structures, plumbing, sewers, dairies, milk, fish, and morgues; and

              (v)  Matters of the collection and disposition of rubbish and garbage;

         (B)  Provide exemptions for homeless facilities and any other program for the homeless authorized by part XVII of chapter 346, for all matters under this paragraph;

         (C)  Appoint county physicians and sanitary and other inspectors as necessary to carry into effect ordinances made under this paragraph, who shall have the same power as given by law to agents of the department of health, subject only to limitations placed on them by the terms and conditions of their appointments; and

         (D)  Fix a penalty for the violation of any ordinance, which penalty may be a misdemeanor, petty misdemeanor, or violation as defined by general law;

    (15)  Each county shall have the power to provide public pounds; to regulate the impounding of stray animals and fowl, and their disposition; and to provide for the appointment, powers, duties, and fees of animal control officers;

    (16)  Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined boundaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require, except that:

         (A)  Any property held for school purposes may not be disposed of without the consent of the superintendent of education;

         (B)  No property bordering the ocean shall be sold or otherwise disposed of; and

         (C)  All proceeds from the sale of park lands shall be expended only for the acquisition of property for park or recreational purposes;

    (17)  Each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State;

    (18)  Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of:

         (A)  Community promotion and public celebrations;

         (B)  The entertainment of distinguished persons as may from time to time visit the county;

         (C)  The entertainment of other distinguished persons, as well as, public officials when deemed to be in the best interest of the community; and

         (D)  The rendering of civic tribute to individuals who, by virtue of their accomplishments and community service, merit civic commendations, recognition, or remembrance;

    (19)  Each county shall have the power to:

         (A)  Construct, purchase, take on lease, lease, sublease, or in any other manner acquire, manage, maintain, or dispose of buildings for county purposes, sewers, sewer systems, pumping stations, waterworks, including reservoirs, wells, pipelines, and other conduits for distributing water to the public, lighting plants, and apparatus and appliances for lighting streets and public buildings, and manage, regulate, and control the same;

         (B)  Regulate and control the location and quality of all appliances necessary to the furnishing of water, heat, light, power, telephone, and telecommunications service to the county;

         (C)  Acquire, regulate, and control any and all appliances for the sprinkling and cleaning of the streets and the public ways, and for flushing the sewers; and

         (D)  Open, close, construct, or maintain county highways or charge toll on county highways; provided that all revenues received from a toll charge shall be used for the construction or maintenance of county highways;

    (20)  Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance;

    (21)  Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of succession of county officials in the event of a military or civil disaster;

    (22)  Each county shall have the power to sue and be sued in its corporate name;

    (23)  Each county shall have the power to establish and maintain waterworks and sewer works; to collect rates for water supplied to consumers and for the use of sewers; to install water meters whenever deemed expedient; provided that owners of premises having vested water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises; to take over from the State existing waterworks systems, including water rights, pipelines, and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop, and improve the same;

     (24) (A)  Each county may impose civil fines, in addition to criminal penalties, for any violation of county ordinances or rules after reasonable notice and requests to correct or cease the violation have been made upon the violator.  Any administratively imposed civil fine shall not be collected until after an opportunity for a hearing under chapter 91.  Any appeal shall be filed within thirty days from the date of the final written decision.  These proceedings shall not be a prerequisite for any civil fine or injunctive relief ordered by the circuit court;

         (B)  Each county by ordinance may provide for the addition of any unpaid civil fines, ordered by any court of competent jurisdiction, to any taxes, fees, or charges, with the exception of fees or charges for water for residential use and sewer charges, collected by the county.  Each county by ordinance may also provide for the addition of any unpaid administratively imposed civil fines, which remain due after all judicial review rights under section 91-14 are exhausted, to any taxes, fees, or charges, with the exception of water for residential use and sewer charges, collected by the county.  The ordinance shall specify the administrative procedures for the addition of the unpaid civil fines to the eligible taxes, fees, or charges and may require hearings or other proceedings.  After addition of the unpaid civil fines to the taxes, fees, or charges, the unpaid civil fines shall not become a part of any taxes, fees, or charges.  The county by ordinance may condition the issuance or renewal of a license, approval, or permit for which a fee or charge is assessed, except for water for residential use and sewer charges, on payment of the unpaid civil fines.  Upon recordation of a notice of unpaid civil fines in the bureau of conveyances, the amount of the civil fines, including any increase in the amount of the fine which the county may assess, shall constitute a lien upon all real property or rights to real property belonging to any person liable for the unpaid civil fines.  The lien in favor of the county shall be subordinate to any lien in favor of any person recorded or registered prior to the recordation of the notice of unpaid civil fines and senior to any lien recorded or registered after the recordation of the notice.  The lien shall continue until the unpaid civil fines are paid in full or until a certificate of release or partial release of the lien, prepared by the county at the owner's expense, is recorded.  The notice of unpaid civil fines shall state the amount of the fine as of the date of the notice and maximum permissible daily increase of the fine.  The county shall not be required to include a social security number, state general excise taxpayer identification number, or federal employer identification number on the notice.  Recordation of the notice in the bureau of conveyances shall be deemed, at such time, for all purposes and without any further action, to procure a lien on land registered in land court under chapter 501.  After the unpaid civil fines are added to the taxes, fees, or charges as specified by county ordinance, the unpaid civil fines shall be deemed immediately due, owing, and delinquent and may be collected in any lawful manner.  The procedure for collection of unpaid civil fines authorized in this paragraph shall be in addition to any other procedures for collection available to the State and county by law or rules of the courts;

         (C)  Each county may impose civil fines upon any person who places graffiti on any real or personal property owned, managed, or maintained by the county.  The fine may be up to $1,000 or may be equal to the actual cost of having the damaged property repaired or replaced.  The parent or guardian having custody of a minor who places graffiti on any real or personal property owned, managed, or maintained by the county shall be jointly and severally liable with the minor for any civil fines imposed hereunder.  Any such fine may be administratively imposed after an opportunity for a hearing under chapter 91, but such a proceeding shall not be a prerequisite for any civil fine ordered by any court.  As used in this subparagraph, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances;

         (D)  At the completion of an appeal in which the county's enforcement action is affirmed and upon correction of the violation if requested by the violator, the case shall be reviewed by the county agency that imposed the civil fines to determine the appropriateness of the amount of the civil fines that accrued while the appeal proceedings were pending.  In its review of the amount of the accrued fines, the county agency may consider:

              (i)  The nature and egregiousness of the violation;

             (ii)  The duration of the violation;

            (iii)  The number of recurring and other similar violations;

             (iv)  Any effort taken by the violator to correct the violation;

              (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 to the violator, at the completion of all appeal proceedings;

         (F)  If no county agency exists to conduct appeal proceedings for a particular civil fine action taken by the county, then one shall be established by ordinance before the county shall impose the civil fine;

    (25)  Any law to the contrary notwithstanding, any county mayor, by executive order, may exempt donors, provider agencies, homeless facilities, and any other program for the homeless under part XVII of chapter 346 from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate and grant the exemptions granted by this paragraph;

    (26)  Any county may establish a captive insurance company pursuant to article 19, chapter 431; and

    (27)  Each county shall have the power to enact and enforce ordinances regulating towing operations."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 


 

Report Title:

County Ordinances on Property, Order, and Security; Conflicts with State and Federal Laws

 

Description:

Expressly prohibits the enactment of county ordinances relating to the protection of property and the order and security of inhabitants, if the ordinances conflict with the intent of state or federal statutes, rules, or regulations.

 


http://www.capitol.hawaii.gov/session2013/hearingnotices/HEARING_JUD_03-15-13_.HTM

MANGROVES SHOULD BE PROTECTED NOT POISONED:






PHOTOS FROM THE CHAMBER OF COMMERCE GOVERNOR'S SPEECH







PLDC / Mini PLDC for Public School Lands: Testimonies In Opposition

HERE IS JUST ONE EXAMPLE OF THE MINI PLDC (SB215 SD3) DESIGNED TO

 SET UP THE STRUCTURE FOR THE PLDC INTENT TO TAKE OVER

OUR PUBLIC LANDS, OUR SCHOOL LANDS  AND PUBLIC HARBORS

 if these programs are so innocuous there would be no reason to create

a new million dollar staff structure with its own laws and rules.

REPORT FROM DONNA WONG ABOUT THIS MINI-PLDC BILL: Today 3/19 the House Economic Development and Business (EDB), Clift Tsuji chair and Water & Land (WTL), Cindy Evans, chair, heard SB 215 SD3, attached, which creates the Public-Private Partnership Authority. SB 215 SD3 states that the authority is for only 3 projects - a film studio on Maui that mayor wants and is working with private interests, a main-stream project that Donovan Dela Cruz wants on state land that houses a library, Wahiawa Clinic, a DOE office and a transit station and the county project has been identified as redevelopment of Aloha Stadium.

But Ester Kiaaina, deputy DLNR, stated that PPPA is needed to help repair harbors on the Big Island so it is obvious that once passed PPPA will eventually become a permanent authority

EDB & WTL will vote on SB 215 SD3 tomorrow March 9th 8:30, let's see which if any of them have the strength of character to vote against this manipulative legislation.

EDB Committee
Clift Tsuji (Big Island) reptsuji@capitol.hawaii.gov 586-8480
Gene Ward (Oahu) repward@capitol.hawaii.gov 586-6420
Tom Brower (Oahu) repbrower@capitol.hawaii.gov 586-8520
Romy Cachola (Oahu) repcachola@capitol.hawaii.gov 586-6010
Isaac Choy (Oahu) repchoy@capitol.hawaii.gov 586-8475
Takashi Ohno (Oahu) repohno@capitol.hawaii.gov 586-9415
Richard Onish (Big Island) reponishi@capitol.hawaii.gov 586-6120
Gree Takaymana (Oahu) reptakayama@capitol.hawaii.gov 586-6340
James Kokioka (Kauai) reptokioka@capitol.hawaii.gov 586-6270

WTL
Cindy Evans (Big Island) repevans@capitol.hawaii.gov 586-8510
Nicole Lowen (Big Island) replowen@capitol.hawaii.gov 586-8400
Denny Coffman (Big Island)  repcoffman@capitol.hawaii.gov 586-9605
Ty Cullen (Oahu) repcullen@capitol.hawaii.gov 586-8490
Faye Hanohano (Big Island) rephanohano@capitol.hawaii.gov 586-6530
Chris Lee (Oahu) repclee@capitol.hawaii.gov 586-9450
Richard Fale (Oahu) repfale@capitol.hawaii.gov 586-6380
Cynthia Thielen (Oahu) repthielen@capitol.hawaii.gov 586-6480


*    PPPA is a PLDC clone and like PLDC will have to go through the rule making process

*    PPPA can lease and manage public land, set up a special fund, implement projects, have a board of directors (5)

*    The cost of operating PPPA is $1 million a year for an executive director & staff for 3 projects for 3 years, to be    repealed 2018 = $1 million dollars per project.

*    We don't need any more authorities or corporations to add to the 10 existing authorities and corporations that all have some exemptions - Agribusiness Development Corporation (ADC), Hawaii Community Development Authority (HCDA), Aloha Tower Development Authority (ATDC), HTA (Hawaii Tourism Authority), HHFDC (hawaii housing finance & development corporation), Hight Technology Development Corporation (HTDC), Hawaii Strategic Development Corporation (HSDC), Natural Energy Laboratory of Hawaii Authority (HELHA), Research Corporation of UH, and Hawaii Public Housing Authority (HPHA)


YET WATCH HOW THE PEOPLE SPOKE OUT AGAINST ALL OF THIS LEGISLATION.



County votes against PLDC Hawaii Tribute Herald 2/7/13 HERE

WAL/OMH Hearing 2/9/13 HERE


Repeal PLDC Testimonies




MINI PLDC PUBLIC LANDS COMMERCIALIZATION  Testimonies


Committee On Water & Land Committee on Education and the Committee on Finance PLDC Full Version




Committee on Water & Land, Committee on Ocean, Marine Resources and Hawaiian Affairs





Margaret Video Conferencing for Neighboring Islands Testimony






KTV News House acts on controversial corporation Lawmakers vote to repeal PLDC 2/11/13 HERE




ANTI-PLDC LEGISLATION
INTRODUCED BY COUNCIL MEMBER MARGARET WILLE, COUNTY OF HAWAII: PASSED 9-0



COUNTY OF HAWAII :  STATE OF HAWAII
RESOLUTION NO. 45 13
A RESOLUTION URGING THE 2013 HAWAII STATE LEGISLATURE TO PASS
SENATE BILL NO. 1 AND HOUSE BILL NO. 8 TO EFFECTIVELY ABOLISH THE
PUBLIC LAND DEVELOPMENT CORPORATION.

WHEREAS, in 2011 the Hawai` i State Legislature approved Senate Bill No. 1555, SD2,
HD2, CD1, to create the Public Land Development Corporation (PLDC), which was signed into
law as Act 55 by the Honorable Governor Neil Abercrombie on May 20, 2011, which was then
codified as Chapter 171C of the Hawai` i Revised Statutes (" HRS 171C"); and

WHEREAS, Senate Bill No. 1555 was shepherded through the Legislature disregarding
various legislative procedures, thereby dismissing public input and participation; and

WHEREAS, no amendment or rule revision will restore the public' s trust and faith,
which is reason alone to repeal HRS 171C and Section 171- 2( 12); and

WHEREAS, the Hawai` i County Council has numerous concerns about the PLDC,
including the following:
1) HRS 171C removes County oversight of any PLDC development;
2) The County of Hawai` i currently has severe problems with traffic circulation,
insufficient number of police officers and fire fighters, and insufficient potable water
wells and sewer capabilities in many areas. Allowing uncontrolled development in
violation of our zoning, building, subdivision, and flood control codes would
exacerbate these problems and may burden the taxpayers with increased expenses in
the future;
3) Only revenue- generating uses are specifically mentioned in HRS 171C, so the
optimal use" appears to be those businesses that can generate the highest amount of
revenue ( hotels, resorts, commercial centers, agri- business for genetically modified
crops, etc.), with no regard for parks or other types of community resources;

4) Development of residential units will not provide " fair share" contributions, because
there is no code for" fair share";
5) Our scarce supply of potable water could be diverted to these developments;
6) There is a concern that large agri- businesses using genetically modified crops may be
instituted on public trust lands on the Island of Hawai`i;
7) The people of the County of Hawai`i realize the detrimental effect that HRS 171C
will have on our land, ocean, and environment; and

WHEREAS, in 2012 the Honorable Neil Abercrombie signed into law Act 282 on July 6,
2012, which included the exemption of certain lands transferred to the PLDC from the definition
of" public lands" ( Section 171- 2( 12), HRS); and

WHEREAS, Article XII, Section 4, of the State Constitution states in part" The lands
granted to the State of Hawai` i by Section 5( b) of the Admission Act and pursuant to Article
XVI, Section 7, of the State Constitution... shall be held by the State as a public trust for native
Hawaiians and the general public." ( Emphasis added); and

WHEREAS, the Council believes the transfer of public land assets into the PLDC
removes those lands from the protective trust status of" public lands," which is inconsistent with
its trustee role and responsibilities under the above cited Article XII, Section 4, of the State
Constitution; and
WHEREAS, on October 3, 2012, the previous Council adopted by unanimous vote
Resolution No. 303- 12, which urged the 2013 State Legislature to abolish the PLDC; and

WHEREAS, this Council, consisting of six new members, supports the repeal of the
PLDC and opposes State legislation that merely seeks to amend a limited portion of the offensive
provisions of the PLDC;

now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
2013 Hawai` i State Legislature is hereby urged to pass Senate Bill No. 1 and House Bill No. 8 to
effectively abolish the Public Land Development Corporation.
2

BE IT FINALLY RESOLVED that the County Clerk shall forward certified copies of
this resolution to the Honorable Governor Neil Abercrombie, all State Senators and
Representatives, and the respective Mayors of the Counties of Hawai`i, Kaua`i, Maui, and the
City and County of Honolulu.
Dated at Hawai` i, this day of 2013.
 




Public trust further eroded by antagonism about PLDC HERE

"Repeal PLDC, Senators Say " 2/20/2013 HERE

























RSVP Luncheon 2/22 Recognition of West Hawaii Senior Volunteers


Here are a few photos of the RSVP recognition luncheon held on February 22nd at the Sheraton Kona.  

On behalf of the County Council - Karen Eoff, Dru Kanuha, and I were in attendance and had the honor of giving out many
of the awards.

Mayor Billy Kenoi was expected to attend but was unable to be there -- Managing Director Wally Lau and Deputy Director of Parks and Recreation Bob Fitzgerald attended  in place of Mayor Kenoi.









Wally Lau -- the Managing Director



Bob Fitzgerald Deputy Director of Parks and Recreation



Here we are at the head table.










with former councilmember Pete Hoffmann



Various shots of District 9 constituents....
North Kohala, Waimea, and Waikoloa

















The is my good friend Rose from NOrth Kohala
She is the longest serving RSVP volunteer -- having volunteered for 31 years. 
She is now 91 years old






















2-19 County Council meeting with US Representative Tulsi Gabbard

Here are some photos from Representative Tulsi Gabbard's meeting with our Big Island County Council on 2-19.






























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