Specifies the statutory procedure to allow communities to incorporate and organize into cities, towns, or other municipalities.

A BILL FOR AN ACT

SECTION 1. Currently, article VIII, section 1 of the Hawaii constitution allows for the legislature to create counties and other political subdivisions within the State, and to provide for their government. Thus far, the legislature has not enacted legislation allowing for the creation of other political subdivisions. Accordingly, the purpose of this Act is to provide the specific mechanism for the formation of cities, towns, or other municipalities by residents of a community in any county who seek to incorporate into a municipality.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

§   -1 Minimum population of municipalities; survey, map, and census. (a) No municipality shall be incorporated that contains less than         legal residents or less than registered        voters. No municipality may be incorporated if any part of the proposed municipality lies within         miles of any point on the perimeter of the corporate limits of any incorporated municipality.

(b) Persons applying for the organization of a municipality shall first cause an accurate survey and map to be made of the territory intended to be embraced within the limits of that municipality showing the boundaries and area thereof, and the accuracy of which shall be verified by the affidavit of a surveyor who is licensed under chapter 464.

(c) Any person making application for the organization of a municipality shall cause an accurate census to be taken of the landowners and the resident population of the proposed municipality not more than thirty days previous to the time of presenting the application to the county council. The census shall exhibit the name of each landowner and person residing in the proposed municipality and the number of persons belonging to each family as of a certain date. The census shall be verified by the affidavit of the person taking the census.

(d) The survey, map, and census when completed and verified shall be open for public inspection and examination at the offices of the county council for a period of not less than thirty days, by those having an interest in the application.

§ -2 Voters' petition as application for incorporation. The application for incorporation shall be by a petition verified by the county clerk and signed by not less than twenty-five per cent of the qualified voters who are either registered voters in the proposed municipality or landowners in the proposed municipality who are also registered voters of this State. The application shall identify the type of government to be formed, the number of trustees, commissioners, or wards in the municipality, the boundaries and area according to the survey, and the resident population according to the census taken. The application shall be presented at the time indicated in the notice of the application or as soon thereafter as the county council can receive and consider the application.

§ -3 County council's order to incorporate municipality. If the county council, after proof by affidavit or oral examination of witnesses, is satisfied that the requirements of this chapter have been fully complied with, the board shall make an order declaring that the proposed municipality, with the assent of the qualified voters who are either registered voters in the proposed municipality or landowners in the proposed municipality who are also registered voters of this State, shall be an incorporated municipality by the name specified in the application. The name shall be different from that of any other municipality in this State. The county council shall also include in the order a date for an election to be conducted pursuant to chapter 11.

§ -4 Balloting on question of incorporation. The vote upon the question of incorporation shall be by ballot in the form provided by chapter 11. If a majority vote in favor of the incorporation, the territory from that time shall be deemed a municipality by the name and style specified in the order of incorporation of the county council; otherwise no further proceedings shall be taken.

§ -5 County council's order declaring municipality incorporated. If satisfied of the legality of the election, the county council shall make an order declaring that the municipality has been incorporated by the name adopted. The order shall be conclusive of the fact of incorporation in all suits by or against such municipality.

§ -6 Adjustment of claims and accounts between municipality and county. The county council may settle and adjust all claims and accounts existing between the municipality and the county of which the municipality formed a part previous to its incorporation.

§ -7 Recording and filing of canvass of votes on incorporation. The officers of any municipality organized under this chapter shall cause to be filed within thirty days thereafter in the county clerk's office a certified copy of the canvass of the votes showing the result of the election held to determine the question of the organization, which the county clerk shall record, and also shall cause a certificate to be filed in the office of the lieutenant governor, who shall file the certificate and maintain a registry of the municipalities so organized.

§ -8 Regularity of incorporation. The regularity of the organization of any municipality shall be inquired into only in an action or proceeding instituted by or on behalf of the State."

SECTION 3. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

SECTION 4. 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 5. This Act shall take effect upon its approval.