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51D Transit Capital Development Fund--Repealed
52 Police Departments--Repealed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57 Urban and Regional Design--Repealed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61 General Organization and Powers--Repealed
62 County Officers--Repealed
63 Election of Officers--Repealed
64 Provisions Specific for Hawaii--Repealed
65 Provisions Specific for Kauai--Repealed
66 Provisions Specific for Maui--Repealed
67 Improvement by Assessment--Repealed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70 General Provisions Relating to Honolulu--Repealed
71 Artesian Well Control--Repealed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46-1.6 Repealed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46-3 Repealed
46-3.5 Repealed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
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
46-16.3 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
46-20 Regulation of sewerage and wastewater treatment
systems
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 from January 1, 2012 to January 1, 2017. L 2011, c 151; L 2013, c 264 (repealed June 30, 2018).
Conclusive presumptions relating to duty of public entities to warn of dangers on improved public lands (repealed June 30, 2014). L 2003, c 82; L 2007, c 152, §§5, 6; L 2008, c 144, §1; L 2009, c 81, §3.
Exception to liability for county lifeguard services (repealed June 30, 2014). L 2002, c 170; L 2007, c 152, §4; L 2008, c 144, §1; L 2009, c 81, §2.
Fire sprinklers in dwellings or buildings (repealed June 30, 2017). L 2012, c 83, §1.
Non-school hour programs for children and youth, annual report by state office of youth services. L 2006, c 281.
Pilot comprehensive public funding for Hawaii county council elections through 2014 election. L 2008, c 244, §§1 to 20.
Public land trust information system. L 2011, c 54; L 2013, c 110.
Task force on beach and water safety. L 2008, c 144, §1.
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.
Employment of retirants, see §88-9.
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.