Report Title:

Sister-state agreements; procedures and management

Description:

Establishes a process for the initiation, management and dissolution of sister-state relationships; provides guidelines for sister-state agreements. (HB793 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

793

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to sister-state agreements.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"ChapteR

SISTER-STATE AGREEMENTS

§ -1 Definitions. For the purposes of this chapter:

"Department" means the department of business, economic development, and tourism.

"Director" means the director of the department of business, economic development, and tourism.

"Element" means a constituent part of a sister-state agreement, generally consisting of a preamble, points of agreement, annexes, and side letters.

"Missions" mean the organizing of persons, including members of state government and businesspersons, into a traveling group to lobby for issues generally related to trade but also relating to cultural and educational exchange.

"Monitoring" means keeping track of and appraising the progress and activity or lack thereof in relations between sister-states and the adherence and fidelity to points of agreement.

"Points of agreement" means an agreement of action that is mutually agreed upon by the representatives of the sister-state agreement and may include provisions to alleviate or eliminate structural trade impediments at the sub-national governmental level.

"Relation of friendship" means any relation of goodwill, friendship, and economic relations between two sub-national governmental entities under two different national governments that agree to engage actively in dialogue at a sub-national governmental level but do not establish points of agreement.

"Representative" means a negotiator appointed by concurrent resolution to negotiate the sister-state agreement.

"Side letter" means letters between the representatives of the sister-state agreement that clarify the points of agreement or the status of the sister-state agreement.

"Sister-state agreement" means an agreement between two sub-national governmental entities under two different national governments that agree to engage actively in dialogue at a sub-national governmental level and establish points of agreement.

"Trade missions" mean missions particularly focused on trade.

"Trade representative" means the Office of the United States Trade Representative.

"United States trade missions" mean missions of the United State Trade Representative or the United States Department of State.

§ -2 Purpose of sister-state agreements. The legislature finds that Hawaii's spirit of internationalism has led to a myriad of cultural and educational initiatives and a rapidly growing awareness of the opportunities presented by the globalization of world trade. Simply stated, Hawaii is ideally positioned to take advantage of its reputation as an international center.

Among the international initiatives that the State has pursued in recent years is the sister-state program. Affiliations between American cities, counties, and states, and cities, counties, states, and provinces of other nations began shortly after World War II and developed into a national initiative when President Dwight D. Eisenhower proposed the "People-to-People" program at a White House conference in 1956. His intention was to involve individuals and organized groups at all levels of society in citizen diplomacy, with the hope that personal relationships, fostered through sister-city, sister-county, and sister-state affiliations, would contribute to world peace.

The first sister relationships were established with the goal of creating friendship and cultural ties through the exploration of other cultures and were characterized by exchanges of dancers, singers, and other entertainers who were "ambassadors" of goodwill. The sister relationships were often initiated by legislators or civic organizations that wished to acknowledge and maintain an awareness of the immigrant origins of their particular communities. Over the last decade, the goals have been expanded to embrace government, business, professional, and technical exchanges and projects.

The legislature further finds that:

(1) Strengthening the state economy depends on international trade;

(2) The strength of the state economy depends on international peace and security; and

(3) The strongest sister-state relationships are founded on strong trade ties.

Therefore:

(1) Sister-state agreements shall consider and consist of strategic and mutually beneficial trade ties or cultural, artistic, or educational exchanges in the form of points of agreement; and

(2) The activity of sister-state agreements must be monitored to reinforce and invigorate them when needed.

The legislature does not intend to extinguish the cultural and artistic exchange component of sister-state agreements or its commitment to peace and goodwill by its intensified focus on trade. Historically, trade and culture progress hand-in-hand, with advancements in culture and the arts occurring in the presence of robust trade. Trade can only occur between nations at peace, and trade provides great incentive for nations to remain peaceful. By encouraging and providing for robust trade between sister-states, the legislature intends to strengthen its sister-state agreements and their mutually beneficial outcomes.

§ -3 Initiation of sister-state agreements. Sister-state agreements shall be initiated and ratified by the legislature in accordance with the following:

(1) Sister-state agreements shall be initiated and ratified by two separate concurrent resolutions, with:

(A) One concurrent resolution to:

(i) Initiate a sister-state agreement;

(ii) Notify a representative of the prospective sister-state;

(iii) Notify the United States Department of State; and

(iv) Appoint a representative to negotiate the agreement on behalf of the State of Hawaii;

and

(B) The other concurrent resolution to ratify the sister-state agreement negotiated by the representatives of the two sides; and

(2) The representative appointed by concurrent resolution shall sign a memorandum of agreement in establishing a sister-state agreement on behalf of the State, with due notice that the memorandum of agreement is subject to ratification by the legislature.

§ -4 Elements of sister-state agreements. (a) Sister-state agreements shall include a preamble and points of agreement and may also include annexes and side letters as needed.

(b) Sister-state agreements shall include mechanisms for the monitoring of points of agreement.

(c) Points of agreement and mechanisms for monitoring shall comply with United States foreign and trade policy. Shifts in United States foreign and trade policy that differ from the points of agreement and mechanisms for monitoring shall void those points of agreement and mechanisms for monitoring.

(d) Sister-state agreements shall include a sunset provision, whereby the agreement dissolves unless initiated and ratified again.

§ -5 Monitoring of sister-state agreements. The representative:

(1) Shall include mechanisms to monitor the agreement and its points of agreement as an act of adherence and fidelity to the agreement and points of agreement; and

(2) May include retaliatory provisions subject to United State foreign and trade policy, but shall not include remedies for breach of contract or insinuate any liability on the part of the State.

§ -6 Hawaii sister-state committee. (a) The director may establish a Hawaii sister-state advisory committee consisting of a number of members to be determined by the director and appointed by the governor as provided in section 26-34; provided that committee members may be appointed to more than two consecutive terms.

(b) The Hawaii sister-state advisory committee shall review all proposed sister-state agreements and forward to the legislature its recommendations and generally advise the legislature on matters relating to sister-state agreements.

(c) The director may adopt rules as necessary for the Hawaii sister-state advisory committee to comply with the purposes of this chapter. The rules adopted to implement this chapter shall be exempt from the public notice and public hearing requirements of chapter 91.

§ -7 Dissolution of sister-state agreements. The provisions for the dissolution of sister-state agreements are as follows:

(1) Sister-state agreements that are deemed to be moribund may be dissolved and made void by concurrent resolution. Alternatively, the sister-state agreement may instead be re-defined as a relation of friendship by concurrent resolution or by side letter;

(2) Sister-state agreements authorized for establishment by concurrent resolution before May 5, 2005, that lack points of agreement or with points of agreement that are already fulfilled, thereby leaving the agreement moribund, may be dissolved by the process provided under this chapter; and

(3) All sister-state agreements shall sunset eight years after their ratification.

§ -8 Grandfathering provision. All sister-state agreements authorized for establishment by concurrent resolution before May 5, 2005, are exempt from sections -2, -3, and -4 of this chapter.

§ -9 Relation of friendship. The legislature or the governor may initiate a relation of friendship with another city, county, state, or province by concurrent resolution or proclamation, respectively; provided that public notice is posted and that the United States Department of State is notified in writing. However, the relationship shall not be referred to as a sister-state agreement."

SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

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