Senate Bill 1027: THINK I HELPED TO KILL (AT LEAST SHELVE) THIS OUTRAGEOUS ATTEMPT TO AVOID COUNTY AUTHORITYSubmitted by margaretwille on Sun, 03/17/2013 - 7:26pm
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)|
|Current Referral:||WAL/OMH, JUD|
|Introducer(s):||KIM (Introduced by request of another party)|
|Sort by Date||Status Text|
|1/24/2013||S||Passed First Reading.|
|1/24/2013||S||Referred to WTL/EGH, WAM.|
|2/1/2013||S||The committee(s) on WTL/EGH has scheduled a public hearing on 02-05-13 1:30PM in conference room 225.|
|2/5/2013||S||The 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.|
|2/5/2013||S||The 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.|
|2/11/2013||S||Reported from WTL/EGH (Stand. Com. Rep. No. 161) with recommendation of passage on Second Reading and referral to WAM.|
|2/11/2013||S||Report adopted; Passed Second Reading and referred to WAM.|
|2/19/2013||S||The committee(s) on WAM will hold a public decision making on 02-22-13 9:00AM in conference room 211.|
|2/22/2013||S||The 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.|
|3/1/2013||S||Reported from WAM (Stand. Com. Rep. No. 719) with recommendation of passage on Third Reading, as amended (SD 1).|
|3/1/2013||S||48 Hrs. Notice 03-05-13.|
|3/5/2013||S||Report 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.|
|3/5/2013||H||Received from Senate (Sen. Com. No. 275) in amended form (SD 1).|
|3/7/2013||H||Pass First Reading|
|3/7/2013||H||Referred to WAL/OMH, JUD, referral sheet 30|
|3/12/2013||H||Bill scheduled to be heard by WAL/OMH on Friday, 03-15-13 8:30AM in House conference room 325.|
|3/15/2013||H||The 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:
means any agency, board, commission, department, or officer of a county
government or the state government, including the authority as defined in part
"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 [
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
"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
"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
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; [
(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.
Coastal Zone Management
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?)Submitted by margaretwille on Fri, 03/15/2013 - 3:50pm
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.|
|Current Referral:||JUD, FIN|
|Sort by Date||Status Text|
|1/22/2013||S||Passed First Reading.|
|1/22/2013||S||Referred to PSM.|
|1/29/2013||S||The committee(s) on PSM has scheduled a public hearing on 02-05-13 2:45PM in conference room 224.|
|2/5/2013||S||The committee(s) on PSM deferred the measure until 02-12-13 2:45PM in conference room 224.|
|2/12/2013||S||The committee on PSM deferred the measure.|
|2/14/2013||S||The committee(s) on PSM will hold a public decision making on 02-19-13 2:45PM in conference room 224.|
|2/19/2013||S||The 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.|
|2/28/2013||S||Reported from PSM (Stand. Com. Rep. No. 478) with recommendation of passage on Second Reading and placement on the calendar for Third Reading.|
|2/28/2013||S||Report adopted; Passed Second Reading.|
|2/28/2013||S||One Day Notice 03-01-13.|
|3/1/2013||S||Deferred until 03-05-13.|
|3/5/2013||S||Passed 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.|
|3/5/2013||H||Received from Senate (Sen. Com. No. 201).|
|3/7/2013||H||Pass First Reading|
|3/7/2013||H||Referred to JUD, FIN, referral sheet 30|
|3/12/2013||H||Bill scheduled to be heard by JUD on Friday, 03-15-13 2:00PM in House conference room 325.|
|3/15/2013||H||The committee(s) on JUD recommend(s) that the measure be deferred until 03-21-13 at 2:00pm.|
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;
county shall have the power to enact
ordinances deemed necessary to [
protect health, life, and
property, and to
(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 [
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.
County Ordinances on Property, Order, and Security; Conflicts with State and Federal Laws
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.
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.
Clift Tsuji (Big Island) email@example.com 586-8480
Gene Ward (Oahu) firstname.lastname@example.org 586-6420
Tom Brower (Oahu) email@example.com 586-8520
Romy Cachola (Oahu) firstname.lastname@example.org 586-6010
Isaac Choy (Oahu) email@example.com 586-8475
Takashi Ohno (Oahu) firstname.lastname@example.org 586-9415
Richard Onish (Big Island) email@example.com 586-6120
Gree Takaymana (Oahu) firstname.lastname@example.org 586-6340
James Kokioka (Kauai) email@example.com 586-6270
Cindy Evans (Big Island) firstname.lastname@example.org 586-8510
Nicole Lowen (Big Island) email@example.com 586-8400
Denny Coffman (Big Island) firstname.lastname@example.org 586-9605
Ty Cullen (Oahu) email@example.com 586-8490
Faye Hanohano (Big Island) firstname.lastname@example.org 586-6530
Chris Lee (Oahu) email@example.com 586-9450
Richard Fale (Oahu) firstname.lastname@example.org 586-6380
Cynthia Thielen (Oahu) email@example.com 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.
Repeal PLDC Testimonies
MINI PLDC PUBLIC LANDS COMMERCIALIZATION Testimonies
Committee On Water & Land Committee on Education and the Committee on Finance PLDC Full Version
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
^A melodious thrush and some other residents from Waimea