Big Island voters to weigh in on amendments

By TOM CALLIS

Tribune-Herald staff writer

Big Island voters will have more decisions to make at the ballot box this November than just for whom to vote.

They will also have to chose whether to support or reject several proposed amendments to the state constitution and Hawaii County Charter.

The amendments, eight in all, range from the more mundane, deciding whether judges over the age of 70 should return to the bench on a temporary basis, to those with a more local impact, such as how much property taxes the county should spend preserving land.

Here is a list of the proposals, in their plain and more technical language.

Constitution amendments

— “Shall the State be authorized to issue special purpose revenue bonds and use the proceeds from the bonds to assist dam and reservoir owners to make their facilities compliant with current safety standards?”

Failing dams have been an ongoing concern since seven people were killed on Kauai six years ago, and the state is looking to make it easier for their owners to receive financing to keep them safe.

This measure won’t commit the state to loaning any money, but it will allow bonds issued to dam and reservoir owners to be tax-exempt, said Luis Salaveria, state budget and finance deputy director.

The loans, while made with a private lender, would be passed through the state, giving them tax-exempt status.

Salaveria said the state would act as a “conduit,” and would have to approve of the creditor.

“It’s tax-exempt in order to allow the financing to work,” he said.

The state Legislature gave its approval of the proposed amendment on May 1 by passing Bill 2594.

The Kauai dam breach caused the release of 400 million gallons of water.

Rep. Clift Tsuji, D-South Hilo, Puna, said the bill was introduced in “consideration” of that tragedy, but he noted the issue goes beyond that island.

“There are dams and reservoirs located on all islands,” he said.

— “Shall the chief justice of the state supreme court appoint judges who have retired upon attaining the age of seventy years as emeritus judges, permitting the appointed judges to serve as temporary judges in courts no higher than the court level they reached prior to retirement and for terms not to exceed three months per each appointment?”

Sen. Rosalyn Baker, who introduced the bill, placing the proposed amendment on the ballot, said preventing judges who are past the retirement age from returning as temporary judges limits the amount of expertise available to the courts.

“There’s always a talent crunch,” said Baker, D-South and West Maui.

“This is just a way for him (the state chief justice) to have a larger pool to choose from if they need someone to fill in,” she added.

County Charter amendmentS

The county is placing six charter amendments before voters touching on topics of public lands and open space funding and several involving the County Council, including meeting notices, its authority to propose special funds, and whether County Redistricting Commission members should be able to run for the council immediately after drawing new district lines.

The issue of public land acquisition is presented as two separate amendments, both affecting how tax revenue is used.

The county created the Public Access, Open Space and Natural Resources Preservation fund in 2006 after voters approved an initiative proposed by the council and backed by 10,000 signatures.

The new fund received 2 percent of the county’s property tax revenue until 2009 when a new council majority suspended it for two years.

The following year, voters approved a charter amendment mandating at least 1 percent of property tax revenue be deposited in the fund. Unlike initiatives, the amendment could not be suspended.

This year, voters will again be considering amending the charter to require the county to contribute to the fund, but the new proposal would bring the contribution back to 2 percent of property tax revenue.

The new amendment also states that the fund cannot be tapped for purposes other than acquiring land for public access.

The county is currently contributing 2 percent of property taxes to the fund — twice as much as required — but Councilwoman Brenda Ford said that should be made permanent.

“This is the minimum the public wanted to preserve open spaces in perpetuity,” said Ford, who introduced the proposed amendment, as well as three others.

The county has spent $18.4 million so far buying 955 acres of land through the fund. Of that amount, $6.4 million was provided by state and federal grants.

The fund had $2.4 million as of June.

It has received $4.1 million in the last year through property taxes at the 2 percent rate.

Ford said the money is needed to maintain or increase public access to the shoreline for future generations.

The County Council passed the bill in a 7-0 vote, with Council members Donald Ikeda and Dennis Onishi absent.

Ikeda said he is against the proposed amendment, adding the county should have the flexibility to contribute less, particularly in bad economic times.

“You can only do so much and eventually you are going to have to raise taxes, ” he said. “And that is one of my big concerns.”

Another proposed amendment would require the county provide an additional 0.25 percent of property taxes, about $500,000, each year to be used toward maintenance of lands the county acquires through the fund. It would be capped at $3 million.

Maintenance could involve repairing roads and clearing brush from right of ways, Ford said.

The amendment would also allow the county to grant the maintenance funds to nonprofit groups that wish to do the work.

“Initially, I didn’t think it was necessary,” she said. “But … there’s no money to maintain these properties.”

The county is in negotiations to buy 26 acres on Pohoiki Bay, said county Property Manager Kenneth Van Bergen.

— “Shall the County Charter be amended to repeal existing provisions relating to publication of notices of meetings of the council, boards or commissions to be replaced with: ‘The council, board or commission shall provide notice of any regular, special, rescheduled or emergency meeting according to the provisions of the Hawai‘i Revised Statutes’?”

This measure would adopt the language of the HRS regarding meeting notices.

Ford, who also introduced this proposed amendment, said it would make the state requirements more clear to county boards and eliminate questions of compliance.

“We want to make this very clear so there’s never a question any of these things happening,” she said. “They have to conform to the HRS period.”

They differ the most regarding notification of emergency meetings.

The charter requires the broadcast of at least three announcements in English over local radio stations between the hours of 7 a.m. to 5 p.m., the “conspicuous” posting of the meeting notice on the Hawaii County building, and a notice posted online.

State law says that notice may be given to the county clerk and to individuals by mail or by telephone, but it does not include any requirements that the meetings be announced via radio or Internet.

— “Shall the Hawai‘i County Charter be amended to allow the County Council to create special funds without first obtaining the recommendation of the Mayor?”

Ford said this amendment would give the council and mayor equal power over the creation of special funds.

Currently, the mayor is the only one who can propose them, though they need County Council approval, she said.

The mayor would still need to approve a fund created by the council, under the amendment, Ford said.

— “Shall section 3-17, County Redistricting Commission, of the Hawai‘i County Charter be amended by adding the following, to take effect after the 2021 Redistricting Plan: ‘(i) No member of the redistricting commission shall be eligible to become a candidate for election to the County Council in the first election under any such redistricting plan’?”

Councilman Pete Hoffmann introduced this amendment after two commission members filed to run this year for council after redrawing district lines.

Hoffmann said he isn’t accusing the candidates of doing anything wrong, but he is concerned about how their candidacies may be viewed by the public.

“Clearly, we want to try to make certain that we do not leave in the public perception the idea that a member of the redistricting commission could in some way shape or form manipulate district boundaries as to permit that one individual or any specific individuals from gaining an advantage in the very next election,” he said.

The general election will be Nov. 6.

Email Tom Callis at tcallis@hawaiitribune-herald.com.