Chapter 46

General Provisions

TITLE 6. COUNTY ORGANIZATION

AND ADMINISTRATION

Subtitle 1. Provisions Common to All Counties

Chapter

46 General Provisions

47 County Bonds

47C Indebtedness of the Counties, Exclusions from

the Funded Debt, and Certification Thereof

48 Economic Development Bonds

48E Political Subdivision Pollution Control

Special Purpose Revenue Bonds

49 Revenue Bonds

50 Charter Commissions

51 Mass Transit

51D Transit Capital Development Fund–Repealed

52 Police Departments–Repealed

52D Police Departments

53 Urban Renewal Law

54 Water Systems

56 Public Off-Street Parking Facilities

57 Urban and Regional Design–Repealed

58 Exceptional Trees

Subtitle 2. Government of Hawaii, Kauai, Maui

61 General Organization and Powers–Repealed

62 County Officers–Repealed

63 Election of Officers–Repealed

64 Provisions Specific for Hawaii–Repealed

65 Provisions Specific for Kauai–Repealed

66 Provisions Specific for Maui–Repealed

67 Improvement by Assessment–Repealed

Subtitle 3. Honolulu Government

70 General Provisions Relating to Honolulu–Repealed

71 Artesian Well Control–Repealed

Note

The constitution, article VIII, §2, provides that charter provisions relating to a political subdivision’s executive, legislative and administrative structure and organization shall be superior to statutory provisions, subject to the authority of the legislature to enact general laws allocating and reallocating powers and functions. Accordingly, the charters should be consulted with respect to any provision concerning the counties appearing in the Revised Statutes.

Revision Note

Throughout this title, references to “board of supervisors or city council”, “treasurer” and “auditor”, and the titles of other officers and agencies have been changed to “council”, “director of finance”, or other appropriate title of the officer or agency to conform to the terminology of the charters.

Cross References

Hawaii performance partnerships board, see §§27-51 to 54.

SUBTITLE 1. PROVISIONS COMMON TO ALL

COUNTIES

CHAPTER 46

GENERAL PROVISIONS

Part I. General Jurisdiction and Powers

Section

46-1 Meeting place of council

46-1.5 General powers and limitation of the counties

46-1.55 Indigenous Hawaiian architecture

46-1.6 Repealed

46-1.7 Retention of emergency 911 recordings

46-1.8 Reciprocal supplying of tax information

46-2 Publication or advertising of ordinances, amendments,

resolutions, and bills

46-2.1 Comprehensive ordinance codes

46-2.2 Publication of supplements

46-3 Repealed

46-3.5 Repealed

46-4 County zoning

46-4.1 Repealed

46-4.2 Nonsignificant zoning changes

46-4.5 Ordinances establishing historical, cultural, and

scenic districts

46-5 Planning and traffic commissions; creation

46-6 Parks and playgrounds for subdivisions

46-6.5 Public access

46-7 Agreements with federal government; use of funds

46-8 State and county co-sponsorship of programs

46-9 Expenditures of money for sister-city relationships

46-10 County bands; travel

46-11 Federal flood insurance

46-11.5 Maintenance of channels, streambeds, streambanks, and

drainageways

46-12 Cleaning shores and beaches of seaweed, limu, and

debris

46-12.5 State beach park lifeguard services

46-13 Each county to determine its own number of fire

stations

46-13.1 Volunteer fire stations

46-14 Repealed

46-14.5 Land use density and infrastructure; low-income

rental units

46-15 Experimental and demonstration housing projects

46-15.01 Limitation of application

46-15.1 Housing; county powers

46-15.2 Housing; additional county powers

46-15.25 Infrastructure dedication; affordable housing

46-15.3 Regulation of adult family boarding home and care home

46-15.35 Family child care homes; permitted use in residential

areas and agriculturally designated districts

46-15.36 Hospice homes; permitted use in residential areas

46-15.39 Repealed

46-15.4 Administrative inspections and warrants

46-15.5 Cooperation by state departments

46-15.6 Definitions

46-15.7 Concurrent processing

46-15.9 Traffic regulation; repair and maintenance; public

right to use public streets, roads, or highways whose

ownership is in dispute

46-16 Traffic regulation and control over private streets

46-16.2 Commuter benefits program

46-16.3 Regulation of commercial bicycle tours

46-16.5 Public passenger vehicle regulation

46-16.7 Repealed

46-16.8 County surcharge on state tax

46-17 Regulation of certain public nuisances

46-18 Central coordinating agency

46-19 Development of alternative energy resources

46-19.1 Facilities for solid waste processing and disposal and

electric generation; financing; sale

46-19.4 Priority permitting process for renewable energy

projects

46-19.5 Energy conservation standards for building design and

construction

46-19.6 County building permits; incorporation of energy and

environmental design building standards in project

design; priority processing

46-19.7 Individual shower control valves required

46-19.8 Fire sprinklers; residences

46-20 Regulation of sewerage and wastewater treatment

systems

46-20.1 County ownership of sewer transmission lines and

facilities servicing Hawaiian home lands

46-20.5 Regulation of towing operations

Part II. Officers and Employees

46-21, 21.5 Repealed

46-22 Compensation of certain county officials

46-22.1 Salaries of members of council

46-23 Salaries of department heads, deputies, assistants;

fixed how

46-24 Limitation on salary of first deputy or assistant

46-25 Salaries of county officers and employees; moneys

payable into treasury

46-25.5 Expenses

46-26 Bonds of county officers; form

46-27 Approval of bonds

46-28 Extent of liability

46-29 Certain notarial powers conferred upon county officers

46-30 Transfer of civil service personnel on reorganization

46-31 Transfer of noncivil service personnel on

reorganization

46-32 Employees of council

46-33 Exemption of certain county positions

46-34 Civil service exemptions

46-35 Firefighters, counsel for

46-36 Authority of counties to engage in the process of

managed competition; established

Part III. Fiscal Administration

46-41 Budgets; financial records on fiscal year basis

46-42 Reports by fiscal officers

46-43 County records

46-44 Repealed

46-44.5 Lapsed warrant

46-45 Excessive expenditures; penalty

46-46 Excess expenditures; when permitted

46-47 Franchise fees, disposition of

46-48 Deposit of funds in banks

46-49 Interest on deposits

46-50 Short term investment of county moneys

46-51 Deposit of securities with mainland depositories

46-52 Deposit of securities

46-53 Loans to the State

46-54 Collection of delinquent license fees, taxes, and

other amounts

46-55 Schedule of council anticipated expenditures

46-56 Purchasing

Part IV. Real and Personal Property

46-61 Eminent domain; purposes for taking property

46-62 Eminent domain; proceedings according to chapter 101

46-63 Gift or sale of county property for care of aged

persons

46-64 Disposition of surplus property

46-65 Parks in the charge of council

46-65.5 Exchange of park property

46-65.6 Thomas Square; to be maintained

46-65.7 Ala Wai golf course

46-66 Disposition of real property

Part V. Miscellaneous

46-71 Service of process upon county

46-71.5 Indemnification of county agencies

46-72 Liability for injuries or damages; notice

46-72.5 Counties’ limited liability for skateboard activities

at public skateboard parks

46-73 Claims for legislative relief; conditions

46-74 Waiver of exemption from assessment for improvements

46-74.1 Exemption from improvement assessments

46-74.2 Public land or land exempt from taxation, etc.; cost

otherwise assessable against borne by city and county

46-75 Improvement bonds exempt from taxation

46-76 Location of utility facilities in improvement

districts

46-77 Underground utility facilities in improvement

districts

46-78 Improvement districts, initiation by the State

46-79 CUSIP numbers for district improvement bonds or

improvement district bonds of counties

46-80 Improvement by assessment; financing

46-80.1 Community facilities district

46-80.5 Special improvement district

46-81 Reserve funds for payment of improvements

46-85 Contracts for solid waste disposal

46-86 Transactions for utility services

46-87 Liquidated damages

46-88 Agricultural buildings and structures; exemptions from

building permit and building code requirements

46-89 Broadband-related permits; automatic approval

Part VI. Tax Increment Financing

46-101 Short title

46-102 Definitions

46-103 Establishment of tax increment district

46-104 County powers

46-105 Collection of tax increments

46-106 Tax increment bonds

46-107 Tax increment bond anticipation notes

46-108 Annual report

46-109 Termination of a tax increment district

46-110 Tax increment fund

46-111 Computation of tax increment

46-112 Tax on leased redevelopment property

46-113 Cumulative effect

Part VII. Development Agreements

46-121 Findings and purpose

46-122 Definitions

46-123 General authorization

46-124 Negotiating development agreements

46-125 Periodic review; termination of agreement

46-126 Development agreement; provisions

46-127 Enforceability; applicability

46-128 Public hearing

46-129 County general plan and development plans

46-130 Amendment or cancellation

46-131 Administrative act

46-132 Filing or recordation

Part VIII. Impact Fees

46-141 Definitions

46-142 Authority to impose impact fees; enactment of

ordinances required

46-142.5 School impact districts; new building permit

requirements

46-143 Impact fee calculation

46-144 Collection and expenditure of impact fees

46-145 Refund of impact fees

46-146 Time of assessment and collection of impact fees

46-147 Effect on existing ordinances

46-148 Transitions

Part IX. Transfer of Development Rights

46-161 Findings and purpose

46-162 Definitions

46-163 Conditions for the transfer of development rights

46-164 Procedures

46-165 Other rights not affected

Part X. Qui Tam Actions or Recovery of

False Claims to the Counties

46-171 Actions for false claims to the counties; qui tam

actions

46-172 Civil actions for false claims

46-173 Evidentiary determination; burden of proof

46-174 Statute of limitations

46-175 Action by private persons

46-176 Rights of parties to qui tam actions

46-177 Awards to qui tam plaintiffs

46-178 Repealed

46-179 Fees and costs of litigation

46-180 Relief from retaliatory actions

46-181 Certain actions barred

Note

Broadband services; exemption from certain permitting processes. L 2011, c 151; L 2013, c 264; L 2016, c 193, §§1, 2.

City and county of Honolulu to take ownership of specified road or parcel upon acceptance of funds. L 2016, c 194, §4.

Non-school hour programs for children and youth, annual report by state office of youth services. L 2006, c 281.

Public land trust information system. L 2011, c 54; L 2013, c 110.

Roads commission; private roads disputes; reports to 2018-2019 legislature (ceases to exist June 30, 2018). L 2016, c 194, §2.

Cross References

Access Hawaii committee (management of State’s internet portal), see chapter 27G.

Acquisition of resource value lands, see chapter 173A.

Complete streets, see §264-20.5.

Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see §663-1.56.

Emergency management, see chapter 127A.

Employment of retirants, see §88-9.

Exception to liability for county lifeguard services, see §663-1.52.

Important agricultural lands, see §§205-41 to 52.

Information privacy and security council; personal information security, see §§487N-5 to 7.

Legacy land conservation commission, see §173A-2.4.

Neighborhood board, see §§92-81 to 83.

Parental preference in government contract and services, see §577-7.5.

Personal information policy and oversight responsibilities for government agencies, see §487J-5.

Small business regulatory flexibility act, see chapter 201M.

Uniform electronic transactions act, see chapter 489E.

Case Notes

Chapter did not preempt ordinance relating to residential condominium leasehold conversion. 76 H. 46, 868 P.2d 1193.