Haw. Rev. Stat. § 46-16.2 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-16.2
Commuter benefits program.
Status: in_force

(a) The counties may adopt an ordinance establishing a commuter benefits program that consists of one or more of the following commuter benefits options:

(1) A program, consistent with section 132(f) of the Internal Revenue Code of 1986, as amended, allowing covered employees to elect to exclude from taxable wages costs incurred for transit passes, vanpool charges, and bicycle commuting costs up to the maximum amount allowed by federal tax law;

(2) A program whereby the employer offers employees a subsidy to offset the monthly cost of commuting via transit, vanpool, or bicycle. The subsidy shall be equal to the lesser of the monthly cost of a transit pass or the monthly cost of a vanpool; provided that a subsidy for bicycle costs shall be in addition to subsidies for transit and vanpool costs; or

(3) Transportation furnished by the employer at no cost or low cost, as determined by the designated authority, to employees in a vanpool, bus, or similar multi-passenger vehicle operated by or for the employer.

(b) Nothing in this section shall prevent an employer from offering a more generous commuter benefit that is otherwise consistent with the requirements of the applicable commuter benefits ordinance. Nothing in this section shall require employees to change their method of commute. This section shall not be construed to absolve any employer or other party from any obligation required by an existing collective bargaining agreement with employees or any provision of law.

(c) For purposes of this section:

"Employee" means any person who is on the employer's payroll and works in a full-time or part-time position. The term includes any person who is entitled to payment of a minimum wage from an employer under the Hawaii minimum wage law.

"Employer" means any person, including corporate officers or executives, who directly or indirectly or through an agent of any other person, including through the services of a temporary service or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of an employee.

"Transit pass" means any pass, token, fare card, voucher, or similar item entitling a person to transportation on public transit, including but not limited to travel by bus or train.

"Vanpool" means any highway vehicle that:

(1) Has the seating capacity of at least six adults, not including the driver; and

(2) Is reasonably expected to use at least eighty per cent of the mileage for the purpose of transporting a number of employees equal to at least fifty per cent of the seating capacity of the vehicle, not including the driver, in connection with travel between the residence and place of employment of employees. [L 2015, c 205, §2]
Haw. Rev. Stat. § 53-54 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-54
Assistance to urban renewal by counties and other public bodies.
Status: in_force

Any county or other public body may (without limiting any provision in section 53-53) do any and all things necessary to aid and cooperate in the planning and undertaking of an urban renewal project in the area in which the county or public body is authorized to act, including the furnishing of such financial and other assistance as the county or public body is authorized by this chapter to furnish for or in connection with a redevelopment plan or redevelopment project. A redevelopment agency may delegate to a county or other public body any of the powers or functions of the agency with respect to the planning or undertaking of an urban renewal project in the area in which the county or public body is authorized to act, and the county or public body may carry out or perform such powers or functions for the agency. Any public body may enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this part, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.
Haw. Rev. Stat. § 46-9 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-9
Expenditures of money for sister-city relationships.
Status: in_force

Any other law to the contrary notwithstanding, any county, including the city and county of Honolulu, may make expenditures of public funds, whenever the funds are available, in order to further the ties of friendship, understanding, and goodwill existing under sister-city relationships entered into by resolution duly adopted by the respective legislative bodies of each county, including the city and county of Honolulu.
Haw. Rev. Stat. § 50-6 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-6
Duties and functions of commissions.
Status: in_force

The charter commission shall study and analyze the existing governmental structure of the county for the purpose of securing information that will enable it to draft a proposed charter adapted to the requirements of the county and designed to provide for the people of the county, a more efficient and responsible form of government. The study of any subject relevant to the government, property, or other affairs of the county, or of the laws relating thereto, or of any matter or thing deemed by the commission to be pertinent thereto, and consistent with the purpose for which the commission was created, shall be deemed within the scope of the commission's work. If, after its study, the commission decides that a charter is not desirable, it shall so report to the legislative body of the county and by resolution of the legislative body of the county the commission shall be dissolved. If, however, the commission decides to draft a charter, the charter shall set forth the structure of the county government, the manner in which it is to operate, the powers of the county in local affairs, and shall provide for orderly transition from the present government to government under the charter.
Haw. Rev. Stat. § 47C-1 — HI Code / Division 1 / Title 6 / Chapter 47C / Section 47C-1
Definitions.
Status: in_force

As used in sections 47C-1 through 47C-6, the following words and terms shall have the following meanings or inclusions:

"Chairperson of the finance committee" shall mean the chairperson of the finance committee of the council of the county, or if the council of the county does not have a finance committee, the member of the council appointed by the council to perform the functions required by this chapter to be performed by the chairperson of the finance committee of the council.

"Corporation counsel" shall mean the chief legal advisor or legal representative of the county.

"County" shall include each county of the State, including the city and county of Honolulu.

"Director of finance" shall mean the director of finance of the county, or if the county does not have a director of finance, the officer of the county in whom is vested the functions and powers of maintaining the treasury of the county and issuing and selling, paying interest on, and redeeming bonds of the county.

"Fiscal year" shall mean the fiscal year of the county as defined in section 46-41.

"Special assessment bonds" shall mean bonds issued under special improvement statutes when the only security for such bonds is the assessments or special taxes levied and assessed under those statutes or properties subject to the assessments or special taxes.

As used in sections 47C-1 through 47C-6, the words or terms "bonds", "general obligation bonds", "net revenue", "net user tax receipts", "reimbursable general obligation bonds", "revenue bonds", "special purpose revenue bonds", and "user tax" shall have the respective meanings and inclusions given to such words and terms in section 12 of article VII of the constitution. [L 1970, c 202, pt of §1; am L 1979, c 43, pt of §4; am L 1992, c 226, §4; gen ch 1993]
Haw. Rev. Stat. § 53-12 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-12
Sale and lease of acquired lands; preference.
Status: in_force

The redevelopment agency shall sell or lease real property acquired by it for a redevelopment project at its fair value for use in accordance with the redevelopment plan notwithstanding the value may be less than the cost of acquiring and preparing the property for redevelopment. The property may be sold or leased to one or more individuals, corporations, or public bodies or to a redevelopment corporation under such limitations, restrictions, requirements, or covenants as will insure its being developed and continued in use in accordance with the redevelopment plan, and in a manner that will best promote the interests and welfare of the urban area in which the project is situated; provided that where a redevelopment corporation is the purchaser or lessee, the contract or conveyance shall include a statement of the tax exemption, if any, which will be allowable under section 53-38, and any other terms necessary to carry into effect the provisions of this part relating to redevelopment corporations; provided further that before making a contract to sell land in a project area planned for single family residential development, the agency shall give published notice of intention so to contract, or to sell the property, and within sixty days after the first publication of the notice, any individual or individuals, who owned land in the project area immediately before acquisition thereof by the agency, shall be entitled to preference in the purchase of one residential homesite therein; and provided further that if the agency decides to lease any of the acquired property, the following requirements and limitations shall apply:

(1) The minimum size of the lots to be leased shall be five thousand square feet.

(2) The lease term shall not be more than seventy-five years, and in the case of leases for single or multiple residential sites involving federal financial assistance, for such longer term as may be required.

(3) The lessee shall be given an option to purchase the leased property during the first twenty years of the lease. During the balance of the term of the lease, the lessee shall have the first right of refusal to purchase the leased property, provided that the leased property shall not be sold by the agency to any person or corporation except to the lessee during the first twenty years of the lease. In the event that the lessee shall not exercise the first right of refusal as set forth above, the agency may sell the leased property to any person or corporation at fair value subject to the lease.

(4) The agency shall notify the council of its decision to lease the property. Within thirty days of the notification, the council may disapprove the agency's decision to lease by an affirmative vote of five of its members.

The agency shall enforce the limitations, restrictions, requirements, and covenants throughout their duration by injunction, or other action at law or in equity, or by any other appropriate means. The limitations, restrictions, requirements, or covenants shall have the effect of covenants running with the land for such period and with such exceptions as may be provided in the deeds or contracts relating to such sale or leasing. In making the sale or lease the agency shall impose and require among other things a reasonable time limit for initiating construction of the redevelopment project. [L 1949, c 379, pt of §4; am L 1951, c 244, pt of §3; RL 1955, §143-12; am L 1959, c 44, §2; am L 1965, c 101, §1(i); HRS §53-12]
Haw. Rev. Stat. § 54-23 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-23
Provisions for payment of bonds, etc.
Status: in_force

Whenever there are outstanding any bonds of the county representing moneys heretofore or hereafter expended upon the waterworks system, the funds in the county treasury to the credit of the board of water supply shall be drawn upon by the county treasurer to the extent necessary from time to time to provide for payment of the bonds and the interest thereon according to the tenor and terms thereof, the moneys so drawn to be placed to the credit of the appropriate sinking fund and used for such purposes.
Haw. Rev. Stat. § 47-15 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-15
Payment by director of finance.
Status: in_force

The director of finance of the county shall pay the principal of the bonds at maturity and the interest thereon as and when the same become due at the place or places and in the manner prescribed for the payment under this chapter and the proceedings authorizing those bonds.
Haw. Rev. Stat. § 47C-5 — HI Code / Division 1 / Title 6 / Chapter 47C / Section 47C-5
Concurrence in summaries.
Status: in_force

Upon the preparation by the director of finance of any summaries and supporting schedules required by the provisions of sections 47C-2 and 47C-3, the director shall submit such summary and supporting schedules to the corporation counsel of the county for the corporation counsel's concurrence as to all legal findings upon which such summary and schedules are based, and to the chairperson of the finance committee of the county for the chairperson's concurrence as to all matters therein. The corporation counsel and the chairperson of the finance committee shall notify the director of finance in writing of their concurrence in such summary and supporting schedules. If the corporation counsel or the chairperson of the finance committee shall disagree with any items included in the summary and supporting schedules, the corporation counsel or the chairperson of the finance committee, as the case may be, shall notify the director of finance in writing of the corporation counsel's or chairperson's concurrence as to all other items and as to the items of disagreement and the corporation counsel's or chairperson's reasons therefor. The director of finance shall thereupon certify the summary and supporting schedules to the council of the county, setting forth in such certification any items therein disagreed to by the corporation counsel or the chairperson of the finance committee. The summary and schedules so certified shall be conclusive as to all items therein concurred to by the corporation counsel and the chairperson of the finance committee.
Haw. Rev. Stat. § 53-32 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-32
Limitations.
Status: in_force

In addition to limitations prescribed by this part a redevelopment corporation shall not have power to:

(1) Acquire any real property or interest therein for a project or projects unless the redevelopment agency determines as provided in this part that the acquisition is necessary or convenient for the public purpose defined in this part.

(2) Issue its stock, debentures, and bonds covering any project undertaken by it in an amount greater in the aggregate than the total actual final cost of the project. The actual cost of the project shall include the cost of the lands and improvements constituting the project and charges for planning, financing, and supervision approved by the supervising agency, condemnation charges and interest and other carrying charges during the period of acquisition and of construction. The total actual final cost shall be deemed to be an amount equal to the actual cost plus an allowance for working capital. The allowance for working capital shall not exceed an amount equal to five per cent of the estimated cost or of the total actual final cost of the project if that shall be greater than the estimated cost.

(3) Enter into contracts for the payment of salaries to officers or employees, or for the construction or for the substantial repair, improvement, or operation of projects, except subject to the approval of the agency. [L 1949, c 379, §15; RL 1955, §143-31; HRS §53-32]
Haw. Rev. Stat. § 46-11.7 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-11.7
[ §46-11.
Status: in_force

[ §46-11.7] Retention ponds and detention ponds; safety requirements. (a) This section shall be known and may be cited as "Sharkey's Law".

(b) Beginning January 1, 2027, each county shall adopt ordinances for the regulation of all retention ponds and detention ponds located within the county's jurisdiction. The ordinances adopted pursuant to this subsection shall include but not be limited to:

(1) Establishing a permitting process for the construction of new retention ponds or detention ponds; and

(2) Establishing safety requirements, which shall include but not be limited to:

(A) Fencing that is at least four feet high that fully encloses the retention pond or detention pond and allows access through one or more secured, locked gates;

(B) Safety signage indicating "No Swimming" and warning of sudden water level changes;

(C) Installation of life buoys at entry points for emergency rescue;

(D) Proper maintenance of ground cover surrounding the retention pond or detention pond, including mowing, weed control, and debris removal; and

(E) Submission of maintenance plans by property owners or managers to ensure ongoing safety and compliance.

(c) This section shall not apply to retention ponds and detention ponds built on golf courses, hotels, resort properties, or other secured recreational areas; provided that the entities who own, control, or manage such properties shall provide the counties with proof of sufficient security measures for its retention ponds and detention ponds.

(d) For the purposes of this section:

"Detention pond" means an area that is designed to:

(1) Hold stormwater until the effects of percolation, evapotranspiration, or controlled release return the area to its normally dry state; and

(2) Dissipate inflowing stormwater within seventy-two hours to accommodate a new volume of water.

"Retention pond" means a permanent or semi-permanent aquatic system that acts as a trap where pollutants picked up by the initial surge of stormwater settle out before leaving the system. [L 2025, c 281, §2]
Haw. Rev. Stat. § 53-5 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-5
Powers and duties of agency.
Status: in_force

The powers and duties of the redevelopment agency shall be as follows:

(1) To undertake and carry out urban renewal projects and related activities authorized by this chapter; to make and execute contracts and other instruments necessary or convenient to exercise its powers under this chapter; to sue and be sued; to have a seal; and, subject to any limitations in this chapter contained, to exercise all powers necessary, incidental, or convenient to carry out and effectuate the purposes and provisions of this chapter.

(2) To make, amend, and repeal rules and regulations not inconsistent with this part to carry into effect the powers and purposes thereof, which rules and regulations shall be subject to chapter 91.

(3) To appoint a manager and a deputy manager who shall have such qualifications as the agency deems necessary and who shall hold their respective offices at the pleasure of the agency. The manager shall be exempt from the requirements of chapter 76 and shall receive such salary as the agency may provide. The deputy manager shall be exempt from the requirements of chapter 76 but shall be subject to the position classification plan. The manager shall have full power to administer the affairs of the agency, subject to the direction and approval of the agency. The manager shall, subject to the approval of the agency, have power to appoint, suspend, and discharge such other employees, subordinates, and assistants as may be necessary for the proper conduct of the business of the agency. All the appointments, suspensions or discharges shall be made in conformity with the applicable provisions of chapter 76.

(4) To make preliminary surveys, studies, and plans to identify redevelopment areas; provided that the studies and initial determination of what areas are blighted, within the meaning of this part, shall be made exclusively by the planning commission, and to make redevelopment plans for the areas, which plans shall be in conformity with the master plan for the development of the locality, and each plan shall show the outline of the area, character of existing development, proposed use of land, general character of new buildings and other general details of redevelopment, as well as the preliminary estimated cost thereof. Further, the plans shall give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plans. In preparing redevelopment plans the agency shall utilize such assistance as can be given by employees of the government, but may also enter into contracts for professional services in connection therewith. Any council which is not otherwise authorized to establish a planning commission with power to prepare a master plan for the physical development of the locality, may prepare such a master plan for the purposes of initiating and carrying out a redevelopment project under this part.

(5) To assist and cooperate with other local agencies within the State and to contract for professional services with the other local agencies in carrying out its duties.

(6) To establish and operate a central relocation office which shall perform such functions and activities as may be necessary and proper for the satisfactory relocation of families, individuals, businesses, and nonprofit organizations, incorporated and unincorporated, displaced by any governmental action to decent, safe, and sanitary locations at rents and prices within the financial means of the displaced families, individuals, businesses, and nonprofit organizations. To the extent that special funds are made available by the State or the county, the agency may authorize the central relocation office to make relocation payments for actual moving costs to families, individuals, businesses, and nonprofit organizations, incorporated or unincorporated, displaced from other than urban renewal projects; provided that the payments shall not exceed $100 for each displaced family or individual and $300 for each displaced business (including the operation of a farm) or nonprofit organization; provided further that the payments shall not be made to recipients of any other relocation payments made by any government or agency thereof for the same displacement. In the case of a business, the allowable expenses for transportation shall not exceed the cost of moving fifty miles from the point from which the business is being displaced.

To prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations and others) displaced from an urban renewal area, and to make relocation payments to or with respect to the persons from funds provided by the federal government.

(7) To prepare a general neighborhood renewal plan for urban renewal areas which may be of such scope that urban renewal activities may have to be carried out in stages over an estimated period of up to ten years. The plan may include, but is not limited to, a preliminary plan which (A) outlines the urban renewal activities proposed for the area involved, (B) provides a framework for the preparation of urban renewal plans, and (C) indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation and improvement of property, and portions of the area contemplated for clearance and redevelopment. A general neighborhood renewal plan shall, in the determination of the local governing body, conform to the general plan of the locality as a whole and the workable program of the county. [L 1949, c 379, pt of §4; am L 1951, c 244, pt of §3; am L 1953, c 209, §3; am L 1955, c 271, §1(f); RL 1955, §143-6; am L 1957, c 163, §1; am L 1959, c 33, §1; am L 1961, c 112, §1 and c 144, §1; am L 1963, c 66, §1; am L 1965, c 96, §89 and c 101, §1(b) to (e); HRS §53-5; am L 2000, c 253, §150]
Haw. Rev. Stat. § 46-26 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-26
Bonds of county officers; form.
Status: in_force

Every bond required to be given by any officer, deputy, assistant, clerk, or employee, in any department, bureau, office, or service, of any county, shall be made payable to the county, and shall be in such form as the officer with whom the bond is required to be deposited prescribes; provided that no such bond shall be deemed sufficient or be accepted unless the surety thereon is a corporation such as is mentioned in section 78-20.
Haw. Rev. Stat. § 47-24 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-24
Validation of proceedings.
Status: in_force

All proceedings heretofore taken with respect to the contracting of general obligation bonded indebtedness and the issuance, sale, execution and delivery of bonds by or on behalf of a county, are hereby validated, ratified, approved and confirmed, notwithstanding any defects or irregularities in any such proceedings or in the issuance, execution, sale or delivery, and the bonds so issued or to be issued are and shall be binding, legal, valid and enforceable obligations of the county.
Haw. Rev. Stat. § 46-77 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-77
Underground utility facilities in improvement districts.
Status: in_force

[§46-77 Underground utility facilities in improvement districts.] Notwithstanding the provision of any statute or ordinance or any regulation made under authority thereof, whenever the legislative body of a county shall determine that the whole or a portion of public utility facilities that are privately owned shall be located underground within an improvement district established pursuant to improvement by assessment statutes or ordinances, the utility engineering, placing of cables and splicing work shall be performed by the public utility concerned notwithstanding that a portion of the cost of the installation of such utility facilities underground may be borne by the county within which such improvement district is situated or the properties specially benefited within such improvement district or both.
Haw. Rev. Stat. § 52D-8 — HI Code / Division 1 / Title 6 / Chapter 52D / Section 52D-8
Police officers; counsel for.
Status: in_force

Whenever a police officer is prosecuted for a crime or sued in a civil action for acts done in the performance of the officer's duty as a police officer, the police officer shall be represented and defended:

(1) In criminal proceedings by an attorney to be employed and paid by the county in which the officer is serving; and

(2) In civil cases by the corporation counsel or county attorney of the county in which the police officer is serving. [L 1989, c 136, pt of §2]
Haw. Rev. Stat. § 50-12 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-12
Tenure of commission.
Status: in_force

The terms of office of the members of the charter commission shall expire on the day after the election at which the proposed charter is submitted to the qualified electors of the county for approval, unless earlier terminated as provided in section 50-6.
Haw. Rev. Stat. § 46-20.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-20.5
Regulation of towing operations.
Status: in_force

Any law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating towing operations, including but not limited to ordinances relating to rates, equipment standards, hours of operation, storage and safeguarding of towed vehicles, records retention and inspection, insurance requirements, vehicle operator requirements, and tax clearances; provided that an ordinance shall not be effective to the extent that it is inconsistent with any law or department of health rule governing solid waste salvage facilities.
Haw. Rev. Stat. § 53-56 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-56
Workable program, definition.
Status: in_force

"Workable program" means a program (including an official plan of action, as it exists from time to time for effectively dealing with the problem of urban slums and other blighted, deteriorated, or deteriorating areas within the community and for the establishment and preservation of a well-planned community with well-organized residential neighborhoods of decent homes and suitable living environment for adequate family life) for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and other urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of slum or other blighted, or deteriorated, or deteriorating areas or to undertake such of these activities or other feasible activities as may be suitably employed to achieve the objectives of the program.
Haw. Rev. Stat. § 46-1.55 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-1.55
Indigenous Hawaiian architecture.
Status: in_force

(a) Each county shall adopt ordinances allowing the exercise of indigenous native Hawaiian architectural practices, styles, customs, techniques, and materials historically employed by native Hawaiians, in the county's building code, including but not limited to residential and other structures comprised of either rock wall or wood frame walls covered by thatches of different native grasses or other natural material for roofs.

(b) The application of indigenous Hawaiian architecture shall be permitted in all zoning districts; provided it is consistent with the intent and purpose of the uniquely designated, special, or historic district.

(c) Each county shall adopt or amend its ordinances to implement this section no later than March 31, 2008. The ordinance adopted by Maui county shall serve as a model. [L 2006, c 310, §2; am L 2007, c 222, §7]
Haw. Rev. Stat. § 46-46 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-46
Excess expenditures; when permitted.
Status: in_force

Any provision of law to the contrary notwithstanding, the council of any county may, with the prior approval of the governor and the state director of finance, and upon the authority of the council, any duly authorized department, bureau, officer, or employee of the county may, (1) incur, authorize, and contract, during any fiscal year, liabilities and obligations, whether payable during the fiscal year or not, for any and all purposes, in excess of the moneys available for the purposes of the county during the year, provided that in the case of the county of Hawaii, Kauai, or Maui, the total of liabilities and obligations incurred, authorized, or contracted during any fiscal year in excess of the moneys available to the county during the year shall not exceed $100,000, and in the case of the city and county of Honolulu shall not exceed $250,000, and (2) pay such liabilities and obligations out of any moneys borrowed from the State under section 36-23.
Haw. Rev. Stat. § 54-58 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-58
Accounts, revenues, and expenditures.
Status: in_force

The board of water supply shall maintain proper accounts in such manner as to show the true and complete financial status and the results of management and operation. The accounts shall be kept so as to show all costs of maintenance, extension, and improvement, all operating expenses, all expenses of the board, and the amounts paid or set aside for depreciation, insurance, pensions, interest, sinking funds, and reserves.

All revenues or moneys derived from the waterworks or otherwise appropriated for the board, other than funds derived from the sale of bonds, and excepting moneys appropriated by Act 5 of the Special Session Laws of 1950 for the construction of a water system for the districts of North and South Kona, shall be paid into the treasury of the county and maintained by the treasurer in a waterworks fund. The funds shall be expended for the following purposes:

(1) For payment of interest and sinking fund on all bonds issued for the acquisition or construction of waterworks and extensions thereto;

(2) For the payment of the operating and maintenance expenses of the waterworks, repairs, replacements, additions, and extensions;

(3) For accident reserve, pension charges, and compensation and insurance;

(4) For purchase or development of new sources of water; and

(5) For a reserve fund. [L 1949, c 86, §9; am L 1951, c 171, §1(2); RL 1955, §146-107; HRS §54-58]
Haw. Rev. Stat. § 46-177 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-177
Awards to qui tam plaintiffs.
Status: in_force

(a) If a county proceeds with an action brought by a person under section 46-175, the person shall receive at least fifteen per cent but not more than twenty-five per cent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one that the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative or administrative report, hearing, audit, or investigation, or from the news media, the court may award sums as it considers appropriate, but in no case more than ten per cent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under this subsection shall be made from the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All expenses, fees, and costs shall be awarded against the defendant.

(b) If a county proceeds with an action brought under section 46-171, the county may file its own complaint or amend the complaint of a person who has brought an action under section 46-171 to clarify or add detail to the claims in which the county is intervening and to add any additional claims with respect to which the county contends it is entitled to relief. For statute of limitations purposes, any such pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the county arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.

(c) If the county does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five per cent and not more than thirty per cent of the proceeds of the action or settlement and shall be paid out of the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All expenses, fees, and costs shall be awarded against the defendant.

(d) Regardless of whether the county proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of section 46-171 upon which the action was brought, then the court, to the extent the court considers appropriate, may reduce the share of the proceeds of the action that the person would otherwise receive under subsection (a), taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from the person's role in the violation of section 46-171, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. The dismissal shall not prejudice the right of the county to continue the action.

(e) If the county does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was frivolous, vexatious, or brought primarily for purposes of harassment.

(f) In no event may a person bring an action under section 46-175:

(1) Against any elected official of the county, if the action is based on evidence or information known to the county. For purposes of this section, evidence or information known only to the person or persons against whom an action is brought shall not be considered to be known to the county; or

(2) That is based upon allegations or transactions that are the subject of a civil suit or an administrative civil money penalty proceeding in which the county is already a party. [L 2001, c 227, pt of §1; am L 2012, c 294, §3]
Haw. Rev. Stat. § 51-3 — HI Code / Division 1 / Title 6 / Chapter 51 / Section 51-3
Effect of amendment.
Status: in_force

The amendments provided in section 51-2 shall not be construed to amend or affect any other provision of the franchise referred to in section 51-2.
Haw. Rev. Stat. § 47-25 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-25
Bonds negotiable, incontestable.
Status: in_force

This chapter, without reference to any other law, shall be full authority to issue, exchange, or sell bonds of the county, and the bonds and all interim receipts or certificates shall have all the qualities of negotiable paper under state law. The bonds shall not be invalid for any irregularity or defect in the proceedings for the issue, sale or exchange thereof. The bonds shall contain a recital that they have been authorized and issued pursuant to the laws of the State, which recital shall be conclusive evidence of their validity and the regularity of their issuance. No proceedings in respect of the issuance of any bonds shall be necessary except such proceedings as are required by this chapter.
Haw. Rev. Stat. § 54-29 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-29
Pensions.
Status: in_force

All officers and employees of the board of water supply shall be entitled to the benefits of part II of chapter 88. The employer's contribution to the retirement fund, as provided thereunder, shall be paid from the funds under the control of the board.
Haw. Rev. Stat. § 54-52 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-52
Appointment.
Status: in_force

The eight appointive members of the board of water supply shall be appointed by the chairperson of the council of the county, with the approval of the council. The chairperson shall likewise designate the chairperson of the board of water supply from among the appointive members. The members of the board shall serve without pay, but shall be reimbursed for their reasonable expenses. Each member of the board shall be, at the time of the member's appointment, an elector of the county of Hawaii and shall have been such for at least three years next preceding the member's appointment. Any member of the board may be removed from office by the chairperson of the council of the county, with the approval of the council.

Membership of the board shall include four members who are residents of the district of North or South Hilo; one of the four members shall be the person who for the time being shall be the legal incumbent of the office of the chief engineer of the department of public works of the county. In addition, one member shall be a resident of the district of North Kona or South Kona, one member shall be a resident of the district of North Kohala or South Kohala, one member shall be a resident of the district of Hamakua, one member shall be a resident of the district of Puna, and one member shall be a resident of the district of Kau.

The term of office of the appointive members of the board shall be five years from and after the date of their respective appointments. Any vacancy occurring on the board shall be filled by appointment. The one appointed to fill the vacancy shall serve only for the unexpired term of the person whom the appointive member succeeds. Officers and employees of the county of Hawaii shall not be eligible for appointive membership on the board. [L 1949, c 86, §2; am L 1955, c 189, §2; RL 1955, §146-101; am imp L 1967, c 80, §1; HRS §54-52; gen ch 1985, 1993; am L 1998, c 124, §2]
Haw. Rev. Stat. § 46-88 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-88
Agricultural buildings and structures; exemptions from building permit and building code requirements.
Status: in_force

(a) Notwithstanding any law to the contrary, the following agricultural buildings, structures, and appurtenances thereto that are not used as dwellings or lodging units are exempt from building permit and building code requirements where they are no more than one thousand square feet in floor area:

(1) Nonresidential manufactured pre-engineered commercial buildings and structures;

(2) Single stand alone recycled ocean shipping or cargo containers that are used as nonresidential commercial buildings and are properly anchored;

(3) Notwithstanding the one thousand square foot floor area restriction, agricultural shade cloth structures, cold frames, or greenhouses not exceeding sixty thousand square feet in area per structure; provided that where multiple structures are erected, the minimum horizontal separation between each shade cloth structure, cold frame, or greenhouse is fifteen feet;

(4) Aquacultural or aquaponics structures, including above-ground water storage or production tanks, troughs, and raceways with a maximum height of six feet above grade, and in-ground ponds and raceways, and piping systems for aeration, carbon dioxide, or fertilizer or crop protection chemical supplies within agricultural or aquacultural production facilities;

(5) Livestock watering tanks, water piping and plumbing not connected to a source of potable water, or separated by an air gap from such a source;

(6) Non-masonry fences not exceeding ten feet in height and masonry fences not exceeding six feet in height;

(7) One-story masonry or wood-framed buildings or structures with a structural span of less than twenty-five feet and a total square footage of no more than one thousand square feet, including farm buildings used as:

(A) Barns;

(B) Greenhouses;

(C) Farm production buildings including aquaculture hatcheries and plant nurseries;

(D) Storage buildings for farm equipment or plant or animal supplies or feed; or

(E) Storage or processing buildings for crops; provided that the height of any stored items shall not collectively exceed twelve feet in height;

(8) Raised beds containing soil, gravel, cinders, or other growing media or substrates with wood, metal, or masonry walls or supports with a maximum height of four feet;

(9) Horticultural tables or benches no more than four feet in height supporting potted plants or other crops; and

(10) Nonresidential indigenous Hawaiian hale that do not exceed five hundred square feet in size, have no kitchen or bathroom, and are used for traditional agricultural activities or education;

provided that the buildings, structures, and appurtenances thereto comply with all applicable state and county zoning codes.

(b) Notwithstanding the one thousand square foot floor area restriction in subsection (a), the following buildings, structures, and appurtenances thereto shall be exempt from building permit requirements when compliant with relevant building codes or county, national, or international prescriptive construction standards:

(1) Nonresidential manufactured pre-engineered and county pre-approved commercial buildings and structures consisting of a total square footage greater than one thousand square feet but no more than eight thousand square feet; and

(2) One-story wood-framed or masonry buildings or structures with a structural span of less than twenty-five feet and a total square footage greater than one thousand square feet but no more than eight thousand square feet constructed in accordance with county, national, or international prescriptive construction standards, including buildings used as:

(A) Barns;

(B) Greenhouses;

(C) Farm production buildings, including aquaculture hatcheries and plant nurseries;

(D) Storage buildings for farm equipment, plant or animal supplies, or feed; or

(E) Storage or processing buildings for crops; provided that the height of any stored items shall not collectively exceed twelve feet in height.

(c) The exemptions in subsections (a) and (b) shall apply; provided that:

(1) The aggregate floor area of the exempted agricultural buildings shall not exceed:

(A) Five thousand square feet per zoning lot for lots of two acres or less;

(B) Eight thousand square feet per zoning lot for lots greater than two acres but no more than five acres; and

(C) Eight thousand square feet plus two per cent of the acreage per zoning lot for lots greater than five acres; provided that each exempted agricultural building is compliant with the square foot area restrictions in subsection (a) or subsection (b);

(2) The minimum horizontal separation between each agricultural building, structure, or appurtenance thereto is fifteen feet;

(3) The agricultural buildings, structures, or appurtenances thereto are located on a commercial farm or ranch and are used for general agricultural or aquacultural operations, or for purposes incidental to such operations;

(4) The agricultural buildings, structures, or appurtenances thereto are constructed or installed on property that is used primarily for agricultural or aquacultural operations, and is two or more contiguous acres in area or one or more contiguous acres in area if located in a nonresidential agricultural or aquacultural park;

(5) An owner or occupier that intends to utilize the exemptions under this section shall provide written notice to the appropriate county agency of the size, type, and location of the proposed building, structure, related appurtenances, or development. No work shall commence until the county agency has determined that a building permit for the proposed building, structure, related appurtenances, or development is not required for compliance with county, state, or federal floodplain management development standards, ordinances, codes, statutes, rules, or regulations pursuant to the National Flood Insurance Program requirements;

(6) The appropriate county agency shall certify the building, structure, related appurtenances, or development within thirty calendar days upon the receipt of the written notice from the owner or occupier, pursuant to paragraph (5);

(7) The owner or occupier shall provide a final as-built written notice to the appropriate county building permitting agency of the final as-built size, type, and location of the building, structure, related appurtenances, or development. Such final as-built written notification shall be provided to the county agency within thirty calendar days of the completion, occupancy, or use of the building, structure, related appurtenances, or development. Failure to provide such written notice may void the building permit or building code exemption, or both, which voidance for such failure is subject to the sole discretion of the appropriate county building permitting agency;

(8) No electrical power and no plumbing systems shall be connected to the building or structure without first obtaining the appropriate county electrical or plumbing permit, and all such installations shall be installed under the supervision of a licensed electrician or plumber, as appropriate, and inspected and approved by an appropriate county or licensed inspector or, if a county building agency is unable to issue an electrical permit because the building or structure is permit-exempt, an electrical permit shall be issued for an electrical connection to a meter on a pole beyond the permit-exempt structure in accordance with the installation, inspection, and approval requirements in this paragraph;

(9) Disposal of wastewater from any building or structure constructed or installed pursuant to this section shall comply with chapter 342D;

(10) Permit-exempt structures shall be exempt from any certificate of occupancy requirements; and

(11) The appropriate county fire department and county building permitting agency shall have the right to enter the property, upon reasonable notice to the owner or occupant, to investigate exempted agricultural buildings for compliance with the requirements of this section; provided that if entry is refused after reasonable notice is given, the applicable department or agency may apply to the district court of the circuit in which the property is located for a warrant, directed to any police officer of the circuit, commanding the police officer to provide sufficient aid and to assist the department or agency in gaining entry onto the property to investigate exempted agricultural buildings for compliance with the requirements of this section.

(d) As used in this section:

"Agricultural building" means a development, including a nonresidential building or structure, built for agricultural or aquacultural purposes, located on a commercial farm or ranch constructed or installed to house farm or ranch implements, agricultural or aquacultural feeds or supplies, livestock, poultry, or other agricultural or aquacultural products, used in or necessary for the operation of the farm or ranch, or for the processing and selling of farm or ranch products.

"Agricultural operation" means the planting, cultivating, harvesting, processing, or storage of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, feed, or forestry purposes, as well as the feeding, breeding, management, and sale of animals including livestock, poultry, honeybees, and their products.

"Appurtenance" means an object or device in, on, or accessory to a building or structure, and which enhances or is essential to the usefulness of the building or structure, including but not limited to work benches, horticultural and floricultural growing benches, aquacultural, aquaponic, and hydroponic tanks, raceways, troughs, growbeds, and filterbeds, when situated within a structure.

"Aquacultural operation" means the propagation, cultivation, farming, harvesting, processing, and storage of aquatic plants and animals in controlled or selected environments for research, commercial, or stocking purposes and includes aquaponics or any growing of plants or animals in or with aquaculture effluents.

"Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

"Dwelling" means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.

"Manufactured pre-engineered commercial building or structure" means a building or structure whose specifications comply with appropriate county codes, and have been pre-approved by a county or building official.

"Nonresidential building or structure" means a building or structure, including an agricultural building, that is used only for agricultural or aquacultural operations and is not intended for use as, or used as, a dwelling.

(e) This section shall not apply to buildings or structures otherwise exempted from building permitting or building code requirements by applicable county ordinance.

(f) This section shall not be construed to supersede public or private lease conditions.

(g) This section shall not apply to development on land in the state land use urban district.

(h) The State or any county shall not be liable for claims arising from the construction of agricultural buildings, structures, related appurtenances, or other development exempt from the building code and permitting process as described in this section, unless the claim arises out of gross negligence or intentional misconduct by the State or county.

(i) This section shall not apply to buildings or structures used to store pesticides or other hazardous material unless stored in accordance with federal and state law.

(j) This section does not exempt any new or existing agricultural buildings, structures, related appurtenances, or other development from building permit requirements and other requirements of county, state, or federal floodplain management development standards, ordinances, codes, statutes, rules, or regulations, pursuant to National Flood Insurance Program requirements.

(k) Failure to comply with the conditions of this section shall result in penalties consistent with county building department provisions. [L 2012, c 114, §2; am L 2013, c 203, §2; am L 2017, c 70, §2; am L 2020, c 60, §1; am L 2021, c 100, §1]
Haw. Rev. Stat. § 46-71.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-71.5
Indemnification of county agencies.
Status: in_force

(a) To receive county aid, assistance, support, benefits, services, and interests in or rights to use county property, a state agency may agree in writing to an indemnity provision by which the State agrees to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when:

(1) The governor approves the State's proposed indemnification; and

(2) The comptroller, pursuant to section 41D-8.5, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision, or has determined that it is not in the best interest of the State to obtain insurance.

(b) Notwithstanding subsection (a), the governor may delegate to the superintendent of education or the deputy superintendent if so designated by the superintendent of education the authority to agree to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when:

(1) The use of the county property will be for a public school purpose or a public school function;

(2) The governor approves, in writing, the indemnity provision to be used by the superintendent of education or the deputy superintendent if so designated by the superintendent of education which provision, upon approval, may serve as approval under this paragraph for all public school purposes or functions on county properties for the remainder of that same school year; and

(3) The comptroller, pursuant to section 41D-8.5, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision, or has determined that it is not in the best interest of the State to obtain insurance.

(c) Notwithstanding subsection (a), the board of regents of the University of Hawaii, or its designee, may agree to indemnify, defend, and hold harmless a county agency, its officers, agents, and employees when:

(1) The use of the county property will be for a university purpose or a university function;

(2) The president of the University of Hawaii, or the president's designee, following a favorable review by the university general counsel or the counsel's designee, approves the indemnity provision in writing; and

(3) The chief financial officer of the University of Hawaii, pursuant to section 304A-108, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the university that reasonably may be anticipated to arise under the indemnity provision, or has determined that it is not in the best interest of the university to obtain insurance.

(d) Nothing in this section shall be construed to expand the scope of liability of the State or University of Hawaii beyond that set forth in chapters 661 and 662.

(e) Nothing in this section shall be construed to waive the immunity of the State or University of Hawaii from suit in federal courts guaranteed by the Eleventh Amendment to the United States Constitution. An indemnity provision not in strict compliance with this section shall not give rise to a claim against the State or University of Hawaii under chapter 661 or otherwise waive the State's or university's sovereign immunity. [L 2007, c 152, §10; am L 2010, c 145, §2; am L 2018, c 103, §2]
Haw. Rev. Stat. § 50-8 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-8
Submission of proposed charter to legislative body of the county.
Status: in_force

Within one year of its appointment, the charter commission shall submit a report in writing on its activities, findings, and recommendations to the legislative body of the county together with a draft of the proposed charter. The legislative body of the county may in turn propose one or more sections as alternative, or alternatives to any section of the proposed charter; provided that there shall not be more than a single proposition under any alternative proposal. Within thirty days after the receipt of the proposed charter from the commission, the legislative body shall return the proposed charter with the alternatives to the commission for its study.
Haw. Rev. Stat. § 46-24 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-24
Limitation on salary of first deputy or assistant.
Status: in_force

Notwithstanding any other law to the contrary, the salary of any first deputy or first assistant to the head of any department of the county governments shall not exceed a sum equal to ninety-five per cent of the salary of such department head.
Haw. Rev. Stat. § 50-3 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-3
Charter commissions.
Status: in_force

The mayor of each county may appoint successive charter commissions with the approval of the legislative body of the county. The commission shall consist of eleven members, one of whom shall be appointed by the mayor as the chairperson of the commission. Any vacancy in the membership of the commission shall be filled by the mayor of the county with the approval of the legislative body of the county.

Revision Note

"Mayor" substituted for "chairman".
Haw. Rev. Stat. § 49-4 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-4
Authorization of undertaking, loan program and revenue bonds; details of revenue bonds.
Status: in_force

(a) The acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of any undertaking or the establishment and administration of a loan program may be authorized under this chapter, and revenue bonds may be authorized to be issued under this chapter by resolution or resolutions of the governing body of the county issuing the revenue bonds which may be adopted at the same meeting at which the same are introduced by a majority of all the members of the governing body of the county then in office and shall take effect immediately upon adoption.

(b) The revenue bonds, subject to the proviso to this paragraph shall, bear interest at such rate or rates payable at such time or times, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, may be payable in such medium of payment and at such place or places, may carry such registration privileges, may be subject to such terms of redemption, to being tendered for purchase or to being purchased prior to their stated maturity at the option of the county, the holder or either or both, may contain such terms, covenants, and conditions, and may be in such form, either coupon or registered, as the resolution and subsequent resolutions may provide; provided that notwithstanding the foregoing the governing body may provide for deeply discounted revenue bonds which do not bear interest but which are subject to redemption or retirement at their accreted value provided that the discounted value of the revenue bonds shall not exceed ten per cent of any series of revenue bonds.

(c) The governing body shall determine the date, denomination or denominations, interest payment dates, maturity date or dates, place or places of payment, registration privileges and place or places of registration, redemption price or prices and time or times and terms and conditions and method of redemption, the rights of the holder to tender for purchase and the price or prices and time or times and terms and conditions upon which the rights might be exercised, the rights to purchase and the price or prices and the time or times and terms and conditions upon which the rights might be exercised and the purchase may be made, and all other details of revenue bonds issued under this part. The governing body may also determine to acquire such policies of insurance and enter into such banking arrangements on such terms as the county may deem necessary or desirable in order to carry out the purposes of this chapter, including, without limitation, credit and liquidity support facilities and interest rate swaps, swaptions, interest rate floors or caps, and other similar contracts to hedge or reduce the amount or duration of payment, rate, spread or similar risk or to reduce the cost of borrowing when used in conjunction with the bonds. A governing body may delegate the responsibility for any or all of the aforesaid determinations, within limits prescribed by the governing body, to the director of finance. [L 1989, c 80, pt of §3; am L 2003, c 39, §1]
Haw. Rev. Stat. § 46-65 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-65
Parks in the charge of council.
Status: in_force

All public parks and public recreation grounds are transferred to and placed in the charge of the council of the county in which the same may be located, to be maintained, managed, and controlled by them. All lands set apart or acquired as public parks and public recreation grounds shall likewise be placed in the charge of and maintained by the several councils. This section shall not apply to parks and public recreational grounds in the city and county of Honolulu, or to the parks and parkways in the state park system.
Haw. Rev. Stat. § 46-72.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-72.5
Counties' limited liability for skateboard activities at public skateboard parks.
Status: in_force

(a) No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park, except when injury or damage is caused by a condition resulting from the public entity's failure to maintain or repair the skateboard park.

(b) Counties shall maintain a record of all known or reported injuries incurred by skateboard users in a public skateboard park and all claims paid for such injuries and shall submit a report to the legislature on or before twenty days before the convening of the 2008 legislative session, along with any recommendations regarding the need for further immunity from liability. [L 2003, c 144, §2]
Haw. Rev. Stat. § 49-1 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-1
Definitions.
Status: in_force

Whenever used in this chapter, unless a different meaning clearly appears from the context:

"Board" means any department or board of a county authorized to issue revenue bonds under this chapter.

"County" means the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui, the board of water supply of the city and county of Honolulu and the boards of water supply of the counties of Hawaii, Kauai, and Maui.

"Director of finance" means the director of finance of the various counties.

"Governing body" means council of each county, or any other body exercising the legislative powers of the county.

"Loan program" means the activities and policies undertaken by any county to provide:

(1) Assistance to members of the general public who are residents of the county by making loans or causing loans to be made available to them for purposes as may be authorized by law; or

(2) Loans to private nonprofit organizations or public instrumentalities, or to wholly owned affiliates thereof, for the development of low and moderate income housing pursuant to section 46-15.1(a).

"Revenue" means the moneys collected, including any moneys collected from the county or any department thereof, from the rates, rentals, fees and charges prescribed for the use and services of, and the facilities and commodities furnished by, an undertaking or the use and services and benefits of a loan program.

"Revenue bonds" means all bonds payable solely from and secured by the revenue, or user taxes, or any combination of both, of an undertaking or loan program or any loan made thereunder for which such bonds are issued and as otherwise provided in this chapter.

"Undertaking" means any public works and properties, improvement, or system owned or operated by the county, and from which the county may derive revenue, or with respect to which the county may derive user taxes, including but not limited to one or a combination of two or more of the following: water, sewerage, gas or electric, heat, light or power works, solid waste processing and disposal, public off-street parking facilities, plants, systems, and low and moderate income housing projects provided pursuant to section 46-15.1, together with all parts thereof and appurtenances thereto.

"User taxes" means taxes on goods or services or on the consumption thereof, the receipts of which are substantially derived from the consumption, use or sale of goods and services in the utilization of the functions or services furnished by the undertaking. [L 1989, c 80, pt of §3; am L 2002, c 207, §§1, 3; am L 2007, c 37, §3]
Haw. Rev. Stat. § 49-10 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-10
Rates, rentals, fees and charges; undertakings and loan programs to be self-sustaining.
Status: in_force

The governing body issuing revenue bonds pursuant to this chapter shall impose, prescribe and collect, or authorize and require the imposition, prescription and collection of, rates, rentals, fees or charges for the use and services of, and the facilities and commodities furnished by, the undertaking or for the use and services and benefits of the loan program for which the revenue bonds are issued, and shall revise, or require revision of, the rates, rentals, fees or charges from time to time whenever necessary, so that, together with the proceeds of the user taxes derived with respect to the undertaking pledged to the payment of the revenue bonds, the undertaking or loan program shall be and always remain self-sustaining. The rates, rentals, fees or charges imposed and prescribed shall produce revenue which, together with the proceeds of such user taxes, will be at least sufficient:

(1) To make the required payments of the principal of and interest on all revenue bonds issued for the undertaking or loan program, including the payment of all revenue bonds and interest thereon for the payment of which the revenue, or user taxes, or combination of both, are or shall have been pledged, charged or otherwise encumbered, or which are otherwise payable from the revenue, or user taxes, or combination of both, or are payable from a special fund maintained, or to be maintained, from the revenue, or user taxes, or combination of both, including reserves therefor, and to maintain the special fund in an amount at least sufficient to pay when due all revenue bonds and interest thereon which are payable from the special fund, including reserves therefor;

(2) To pay the cost of operation, maintenance, and repair of the undertaking, or to pay the cost of the administration, operation, and maintenance of the loan program, including reserves therefor; and

(3) To carry out the covenants of the resolution or resolutions authorizing the issuance of the revenue bonds, including any covenant as to the minimum amounts of revenue to be produced by the undertaking or loan program for which the revenue bonds are issued. [L 1989, c 80, pt of §3]
Haw. Rev. Stat. § 47-8 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-8
Sale of bonds.
Status: reserved

(a) The director of finance may make such arrangements as may be necessary or proper for the sale of each issue of bonds or part thereof as are issued under this chapter, including, without limitation, arranging for the preparation and printing of the bonds, the official statement and any other documents or instruments deemed required for the issuance and sale of bonds and retaining those financial, accounting, and legal consultants, all upon such terms and conditions as the director of finance deems advisable and in the best interest of the county. The governing body may authorize the director of finance to offer the bonds at competitive sale or to negotiate the sale of the bonds to:

(1) Any person or group of persons;

(2) The United States of America, or any board, agency, instrumentality, or corporation thereof;

(3) The employees' retirement system of the State;

(4) Any political subdivision of the State;

(5) Any board, agency, instrumentality, public corporation, or other governmental organization of the State; or of any political subdivision of the State.

(b) Subject to any limitation imposed by the governing body by the ordinance or resolution authorizing the bonds, the sale of the bonds by the director of finance by negotiation shall be at such price or prices and upon such terms and conditions, and the bonds shall bear interest at such rate or rates or such varying rates determined from time to time in such manner, as the director of finance shall approve.

(c) Subject to any limitation imposed by the governing body by the ordinance or resolution authorizing the bonds, the sale of the bonds by the director of finance at competitive sale shall be at a price or prices and upon terms and conditions, and the bonds shall bear interest at a rate or rates or varying rates determined from time to time in the manner, as specified by the successful bidder, and the bonds shall be sold in accordance with this subsection. The bonds offered at competitive sale shall be sold only after public notice of sale advising prospective purchasers of the proposed sale. The bonds offered at competitive sale may be sold to the bidder offering to purchase the bonds at the lowest interest cost, the interest cost, for the purpose of this subsection, being determined on one of the following bases as selected by the director of finance:

(1) The figure obtained by adding together the amounts of interest payable on the bonds from their date to their respective maturity dates at the rate or rates specified by the bidder and deducting from the sum obtained the amount of any premium offered by the bidder;

(2) Where the interest on the bonds is payable annually, the annual interest rate (compounded annually), or, where the interest on the bonds is payable semiannually, the rate obtained by doubling the semiannual interest rate (compounded semiannually), necessary to discount the principal and interest payments on the bonds from the dates of payment thereof to the date of the bonds and to the price bid (the price bid for the purpose of this paragraph shall not include the amount of interest accrued on the bonds from their date to the date of delivery and payment); or

(3) Where the interest on the bonds is payable other than annually or semiannually or will vary from time to time, upon a basis that, in the opinion of the director of finance, shall result in the lowest cost to the county;

provided that in any case the right shall be reserved to reject any or all bids and waive any irregularity or informality in any bid.

(d) Bonds offered at competitive sale, without further action of the governing body, shall bear interest at the rate or rates specified by the successful bidder or varying rate or rates determined from time to time in the manner specified by the successful bidder with the consent of the director of finance. The notice of sale required by this section shall be given at least once and at least five days prior to the date of the sale in the county and in a financial newspaper or newspapers published in any of the cities of New York, Chicago, or San Francisco, and shall be in a form and contain terms and conditions that the director of finance shall determine. The notice of sale shall comply with the requirements of this section if it merely advises prospective purchasers of the proposed sale and makes reference to a detailed notice of sale which is available to the prospective purchasers and which sets forth the specific details of the bonds and terms and conditions upon which the bonds are to be offered. The notice of sale and any detailed notice of sale may omit the date and time of sale, in which event the date and time shall be either given in the same manner and medium in which the original notice of sale was given, or transmitted via electronic communication systems deemed proper by the director of finance which is generally available to the financial community, in either case at least forty-eight hours prior to the time fixed for the sale. [L 1989, c 80, pt of §2; am L 1998, c 2, §15]
Haw. Rev. Stat. § 47-18 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-18
Action on default.
Status: in_force

In case of any default in the payment of the principal of any bonds at maturity or of the interest thereon when the same becomes due, the holder of any of the bonds on which any default is made may bring an action at law against the county making the default, for the amount due by reason of the default, and should any moneys be then or thereafter payable by the State to the county which is defendant in the action, the holder, in the petition and prayer for process, may insert a request to the court issuing process to insert therein a direction to the officer serving the same to leave a true copy thereof attested by any chief of police, sheriff, deputy sheriff, or their authorized subordinates, with the state comptroller, who, hereafter in this chapter, is called the garnishee.
Haw. Rev. Stat. § 46-131 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-131
Administrative act.
Status: in_force

Each development agreement shall be deemed an administrative act of the government body made party to the agreement.
Haw. Rev. Stat. § 46-20.7 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-20.7
[ §46-20.
Status: in_force

[ §46-20.7] County transient accommodations tax. Each county may establish a transient accommodations tax not to exceed the maximum rate set forth in section 237D-2.5. The county transient accommodations tax shall be in addition to any state transient accommodations tax. A county electing to establish a transient accommodations tax pursuant to this section shall do so by ordinance. [L Sp 2021, c 1, §6]
Haw. Rev. Stat. § 48E-7 — HI Code / Division 1 / Title 6 / Chapter 48E / Section 48E-7
Authorization of special purpose revenue bonds.
Status: in_force

(a) The governing body of a county, by an ordinance finally enacted by an affirmative vote of two-thirds of the members to which such governing body is entitled, and by a separate ordinance for each single pollution control project or a single program of pollution control projects may authorize the issuance of special purpose revenue bonds for the purposes of this chapter; provided the governing body of such county finds that the issuance of such bonds is in the public interest. Special purpose revenue bonds issued pursuant to this chapter may be in one or more series for each single pollution control project or single program of pollution control projects. The special purpose revenue bonds of each issue shall be dated, shall bear interest at such rate or rates, shall mature at such time or times not exceeding thirty years from their date or dates, shall have such rank or priority, and may be made redeemable before maturity at the option of the county, the holder, or both, at such price or prices and under such terms and conditions, all as may be determined by the county.

The county shall determine the form of the special purpose revenue bonds, including any interest coupons to be attached thereto, and the manner of execution of the special purpose revenue bonds, and shall fix the denomination or denominations of the special purpose revenue bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the State of Hawaii. The special purpose revenue bonds may be issued in coupon or in registered form, or both, as the county may determine, and provisions may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The county may sell special purpose revenue bonds in such manner, either at public or at private sale, and for such price as it may determine to be for the best interest of the county.

(b) Prior to the preparation of definitive special purpose revenue bonds, the county may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery.

(c) Should any bond issued under this chapter or any coupon appertaining thereto become mutilated or be lost, stolen, or destroyed, the county may cause a new bond or coupon of like date, number, and tenor to be executed and delivered in exchange and substitution for, and upon the cancellation of such mutilated bond or coupon, or in lieu of and in substitution for, such lost, stolen, or destroyed bond or coupon. Such new bond or coupon shall not be executed or delivered until the holder of the mutilated, lost, stolen, or destroyed bond or coupon has (1) paid the reasonable expense and charges in connection therewith and (2) in the case of a lost, stolen, or destroyed bond or coupon, has filed with the county, or its fiduciary, evidence satisfactory to such county or its fiduciary that such bond or coupon was lost, stolen, or destroyed and that the holder was the owner thereof and (3) has furnished indemnity satisfactory to the county.

(d) The governing body of a county issuing special purpose revenue bonds pursuant to this chapter in its discretion may provide that CUSIP identification numbers shall be imprinted on such bonds. If such numbers are imprinted on any such bonds (1) no such number shall constitute a part of the contract evidenced by the particular bond upon which it is imprinted, and (2) no liability shall attach to the county or any officer or agent thereof, including any fiscal agent, paying agent, or registrar for such bonds, by reason of such numbers or any use made thereof, including any use thereof made by the county, any such officer, or any such agent, or by reason of any inaccuracy, error, or omission with respect thereto or in such use. The governing body in its discretion may require that all cost of obtaining and imprinting such numbers shall be paid by the purchaser of such bonds. For the purposes of this section, the term "CUSIP identification numbers" means the numbering system adopted by the Committee for Uniform Security Identification Procedures formed by the Securities Industry Association. [L 1983, c 237, pt of §2]
Haw. Rev. Stat. § 46-109 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-109
Termination of a tax increment district.
Status: in_force

A tax increment district shall terminate at the time designated in the ordinance creating the district or at an earlier time designated by a subsequent ordinance, but in no event shall the district terminate until such time as all project costs and tax increment bonds issued for the district and the interest thereon, have been paid in full, or sufficient funds have been irrevocably deposited in a special fund or other escrow account held in trust for all outstanding tax increment bonds issued for such district to provide for the payment of such bonds at maturity or date of redemption and interest and premium, if any, thereon.
Haw. Rev. Stat. § 52D-9 — HI Code / Division 1 / Title 6 / Chapter 52D / Section 52D-9
Determination of scope of duty.
Status: in_force

The determination of whether an act, for which the police officer is being prosecuted or sued, was done in the performance of the police officer's duty, so as to entitle the police officer to be represented by counsel provided by the county, shall be made by the police commission of the county. Before making a determination, the police commission shall consult the county attorney or the corporation counsel, who may make a recommendation to the police commission with respect thereto if the county attorney or corporation counsel so desires. The determination of the police commission shall be conclusive for the purpose of this section and section 52D-8.
Haw. Rev. Stat. § 51-4 — HI Code / Division 1 / Title 6 / Chapter 51 / Section 51-4
Financing the acquisition, construction, etc.
Status: in_force

§51-4 Financing the acquisition, construction, etc., of mass transportation systems. Any mass transportation system owned or operated or to be acquired by a county is a public improvement of the county within the meaning and purview of chapter 47, and an undertaking of the county within the meaning and purview of chapter 49. Any county may issue its general obligation bonds or notes pursuant to chapter 47, or its revenue bonds or notes pursuant to chapter 47 or 49, or both general obligation and revenue bonds or notes in order to pay the costs to the county of acquiring, constructing, reconstructing, improving, bettering, extending, equipping, or furnishing a mass transportation system or systems in the county.
Haw. Rev. Stat. § 46-79 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-79
CUSIP numbers for district improvement bonds or improvement district bonds of counties.
Status: in_force

Unless the governing body shall otherwise direct, the director of finance of any county issuing district improvement bonds or improvement district bonds of such county pursuant to either state statutes or charter or ordinances adopted under either thereof in the director's discretion may provide that CUSIP identification numbers shall be imprinted on such bonds. In the event such numbers are imprinted on any such bonds (i) no such number shall constitute a part of the contract evidenced by the particular bond upon which it is imprinted and (ii) no liability shall attach to the county, such district or any officer or agent of either thereof, including any fiscal agent, paying agent or registrar for such bonds, by reason of such numbers or any use made thereof, including any use thereof made by the county, such district, any such officer or any such agent, or by reason of inaccuracy, error or omission with respect thereto or in such use. Unless the governing body shall otherwise direct, the director of finance in the director's discretion may require that all cost of obtaining and imprinting such numbers shall be paid by the purchaser of such bonds. For the purposes of this section, the term "CUSIP identification numbers" means the numbering system adopted by the Committee for Uniform Security Identification Procedures formed by the Securities Industry Association.
Haw. Rev. Stat. § 53-19 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-19
Report.
Status: in_force

Each redevelopment agency shall make an annual report of its receipts, expenditures, and activities, and of its proposed program and estimated cost thereof for the ensuing year to the council of its county, before August 1 as of the end of the preceding fiscal year.
Haw. Rev. Stat. § 46-85 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-85
Contracts for solid waste disposal.
Status: in_force

Any other law to the contrary notwithstanding, a county is authorized from time to time to contract with users or operators of a project for the abatement, control, reduction, treatment, elimination, or disposal of solid waste, whether established or to be established under chapter 48E or as a public undertaking, improvement, or system under chapter 47 or 49, or otherwise. The contract may be included in an agreement, may be for such periods as agreed upon by the parties, and, without limiting the generality of the foregoing, may include:

(1) Provisions for the delivery to the project of minimum amounts of solid waste and payments for the use of the project based on the delivery of the minimum amounts (which payments the political subdivision may be obligated to make, whether or not such minimum amounts are actually delivered to the project);

(2) Unit prices, which may be graduated; and

(3) Adjustments of the minimum amounts and the unit prices.

The payments, unit prices, or adjustments need not be specifically stated in the contract but may be determined by formula if set forth in the contract. The contract may include provisions for arbitration and reasonable restrictions against other disposal by the county or by other public or private entities or persons over which the county shall have jurisdiction of the substances covered by the contract while the contract is in force and disposal under the contract is practicable. [L 1983, c 237, pt of §3]
Haw. Rev. Stat. § 46-51 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-51
Deposit of securities with mainland depositories.
Status: in_force

The director of finance of each county may, with the approval of the council, deposit securities owned by the county in mainland depositories. The securities shall be subject to all the terms, conditions, and authorizations of the depository agreement which the director of finance may have or may make with any such mainland depository. Further, the director of finance of each county may, with the approval of the council, and with the consent of the state director of finance, place such securities under the control of the state director of finance for safekeeping in mainland depositories. The securities shall be subject to all the terms, conditions, and authorizations of any depository agreement which the state director of finance may have or make with any mainland depository, and all expenses thereof shall be borne by the county. Moneys received by any mainland depository, on behalf of the county, or on behalf of the state director of finance for the county, from the sale or redemption of securities, or as interest, shall not for a period of thirty days after the receipt thereof by the depository be considered as deposits within the meaning of chapter 38, and moneys placed with the depositories for the purchase of securities shall not be considered as deposits within the meaning of chapter 38.
Haw. Rev. Stat. § 46-11.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-11.5
Maintenance of channels, streambeds, streambanks, and drainageways.
Status: in_force

Notwithstanding any law to the contrary, each county shall provide for the maintenance of channels, streambeds, streambanks, and drainageways, whether natural or artificial, including their exits to the ocean, in suitable condition to carry off storm waters; and for the removal from the channels, streambeds, streambanks, and drainageways and from the shores and beaches any debris which is likely to create an unsanitary condition or otherwise become a public nuisance; provided that to the extent any of the foregoing work is a private responsibility the responsibility may be enforced by the county in lieu of the work being done at county expense, and any private entity or person refusing to comply with any final order issued by the county shall be in violation of this chapter and be liable for a civil penalty not to exceed $500 for each day the violation continues; provided further that it shall be the responsibility of the county to maintain all channels, streambeds, streambanks, and drainageways unless such channels, streambeds, streambanks, and drainageways are privately owned or owned by the State, in which event such channels, streambeds, streambanks, and drainageways shall be maintained by their respective owners.
Haw. Rev. Stat. § 49-5 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-5
Sale of revenue bonds.
Status: reserved

(a) The director of finance may make such arrangements as may be necessary or proper for the sale of each issue of revenue bonds or part thereof as are issued under this chapter, including, without limitation, arranging for the preparation and printing of the revenue bonds, the official statement and any other documents or instruments deemed required for the issuance and sale of revenue bonds and retaining such financial, accounting and legal consultants, all upon such terms and conditions as the director of finance deems advisable and in the best interest of the county. The governing body may offer the revenue bonds at competitive sale or may negotiate the sale of the revenue bonds to any person or group of persons, to the United States of America, or any board, agency, instrumentality, or corporation thereof, to the employees' retirement system of the State, to the State or any political subdivision of the State, or to any board, agency, instrumentality, public corporation, or other governmental organization of the State or of any political subdivision of the State.

(b) The sale of the revenue bonds by the governing body by negotiation shall be at such price or prices and upon such terms and conditions, and the revenue bonds shall bear interest at such rate or rates or such varying rates determined from time to time in such manner, as the governing body shall approve.

(c) The sale of the revenue bonds by the governing body at competitive sale shall be at a price or prices and upon terms and conditions, and the revenue bonds shall bear interest at a rate or rates or varying rates determined from time to time in the manner, as specified by the successful bidders, in which event the revenue bonds shall be sold in accordance with this subsection. The revenue bonds offered at competitive sale shall be sold only after public notice of sale advising prospective purchasers of the proposed sale. The revenue bonds offered at competitive sale may be sold to the bidder offering to purchase the revenue bonds at the lowest interest cost, the interest cost, for the purpose of this subsection, being determined on one of the following bases as selected by the governing body:

(1) The figure obtained by adding together the amounts of interest payable on the revenue bonds from their dates to their respective maturity dates at the rate or rates specified by the bidder and deducting from the sum obtained the amount of any premium offered by the bidder;

(2) Where the interest on the revenue bonds is payable annually, the annual interest rate (compounded annually), or, where the interest on the bonds is payable semiannually, the rate obtained by doubling the semiannual interest rate (compounded semiannually), necessary to discount the principal and interest payments on the revenue bonds from the dates of payment thereof to the date of the revenue bonds and to the price bid (the price bid for the purpose of this paragraph shall not include the amount of interest accrued on the revenue bonds from their date to the date of delivery and payment); or

(3) Where the interest on the revenue bonds is payable other than annually or semiannually or will vary from time to time upon a basis that, in the opinion of the director of finance, shall result in the lowest cost to the county;

provided that in any case the right shall be reserved to reject any or all bids and waive any irregularity or informality in any bid.

(d) Revenue bonds offered at competitive sale, without further action of the governing body, shall bear interest at the rate or rates specified by the successful bidder or at varying rates determined from time to time in the manner specified by the successful bidder with the consent of the governing body. The notice of sale required by this section shall be given at least once and at least five days prior to the date of the sale in a newspaper or newspapers published in any of the cities of New York, Chicago, or San Francisco, and shall be in a form and contain terms and conditions that the governing body shall determine. The notice of sale shall comply with the requirements of this section if it merely advises prospective purchasers of the proposed sale and makes reference to a detailed notice of sale which is available to the prospective purchasers and which sets forth the specific details of the revenue bonds and terms and conditions upon which any revenue bonds are to be offered. The notice of sale and any detailed notice of sale may omit the date and time of sale, in which event the date and time shall be either given in the same manner and medium as the original notice or transmitted via electronic communication systems deemed proper by the governing body which is generally available to the financial community, in either case at least forty-eight hours prior to the time fixed for the sale.

(e) A governing body may delegate the responsibility for any or all of the determinations or actions under this chapter to the director of finance. [L 1989, c 80, pt of §3; am L 1998, c 2, §17]
Haw. Rev. Stat. § 46-5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-5
Planning and traffic commissions; creation.
Status: in_force

The legislative body of any county with a population of less than 100,000 persons shall, without prejudice to the generality of the foregoing powers, and except as otherwise provided, have the following specific powers in addition to any other specific powers provided by law:

(1) County planning commission. To create a county planning commission (A) to formulate a master plan providing for the future growth, development, and beautification of the county in its public and private buildings, streets, roads, grounds, and vacant lots; (B) to formulate subdivision and zoning regulations; and (C) to recommend the establishment of building zones.

(2) County traffic commission. To create a county traffic commission to advise the legislative body in the regulation of traffic. [L 1963, c 58, §1; Supp, §138-62; HRS §46-5]
Haw. Rev. Stat. § 46-13.1 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-13.1
Volunteer fire stations.
Status: in_force

(a) The council of the several counties may establish and maintain one or more volunteer fire stations in any area or areas of the county as it may determine to be necessary to provide adequate fire protection. All necessary facilities and equipment for the volunteer fire stations may be furnished by the county. The officers, firefighters, or other personnel necessary for the operation or maintenance of these stations shall be selected and appointed by the fire chief partially or entirely on a voluntary noncompensatory basis, except as otherwise provided in this section. All volunteer personnel for any volunteer fire station shall serve at the pleasure of the fire chief.

(b) The fire chief of the county shall have full authority and control over all volunteer fire stations, their equipment, apparatus, officers, firefighters, and personnel, and the fire chief may designate a suitable person to be in charge of any volunteer fire station. Suitable instructors may be assigned from time to time by the fire chief to such fire stations for the training of volunteer firefighters and personnel.

(c) In case any person serving in the capacity of volunteer personnel for the fire station, including a volunteer officer or firefighter, sustains any injury or dies as a result of any accident arising out of and in the course of training, or the performance of duty for such fire station, the person shall be entitled to the benefits provided for volunteer personnel in part V of chapter 386, and be considered to be an employee of the county for the purpose of obtaining compensation benefits under chapter 386. Compensation benefits shall be determined upon the basis of average weekly wages computed as set forth in section 386-51, and upon the basis of earnings from the usual employment of the person, or upon the basis of earnings at the rate of $18 per week, whichever is most favorable to the claimant or claimants; provided that for volunteer firefighters, average weekly wages shall be computed as set forth in section 386-181(c). The director of labor and industrial relations shall administer the provisions in this subsection in accordance with section 386-172.

(d) Any provision to the contrary notwithstanding, volunteer personnel, including officers and firefighters, shall be entitled to subsistence in amounts deemed proper by the council of the respective counties. [L 1973, c 162, §1; am L 1983, c 124, §15; gen ch 1985; am L 2023, c 195, §1]
Haw. Rev. Stat. § 54-66 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-66
Agreements for joint services of employees.
Status: in_force

The board of water supply may enter into such arrangements and agreements as it deems proper, under which employees of the department of public works of the county may divide their time between performance of services on behalf of the department and on behalf of the board.
Haw. Rev. Stat. § 54-67 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-67
Service of process; claims.
Status: in_force

Except as otherwise provided by the county charter, section 54-31 shall apply.
Haw. Rev. Stat. § 54-15 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-15
Powers and duties of board.
Status: in_force

The board of water supply shall manage, control, and operate the waterworks of the county and all property thereof, for the purpose of supplying water to the public in the county, and shall collect, receive, expend, and account for all sums of money derived from the operation thereof and all other moneys provided for the use or benefit of the waterworks and all property used for or held in connection therewith.
Haw. Rev. Stat. § 47-4 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-4
Bonds for revenue-producing undertakings.
Status: in_force

General obligation bonds may be issued under this chapter for an undertaking or loan program as defined in section 49-1 or for any other undertaking or purpose for which the bonds are authorized to be issued by other provisions of general law. The bonds may be combined into, issued, and sold with other general obligation bonds of the county as a single issue of bonds. The governing body may require that the general fund of the county shall be reimbursed from the revenue of the undertaking, loan program, or other purpose for all of the principal of and interest on the bonds, or for such part hereof as the governing body may determine, and may further provide that the bonds shall be additionally secured by a pledge of the revenue of the undertaking, loan program, or other purpose, subject to the rights of the holders of any bonds then outstanding and the provisions of the ordinances or resolutions authorizing the outstanding bonds. The county may covenant with the holders of the bonds additionally secured by a pledge of such revenues that it will continue to impose and collect such revenues in amounts at least sufficient to provide for the payment of the principal and interest on the bonds to the extent authorized or permitted by law. Whenever the undertaking, loan program, or other enterprise shall be under the management and control of a department or board of the county and the department or board has the power and authority under chapter 49 to issue revenue bonds under that chapter, no bonds shall be authorized under this chapter for that undertaking by the governing body of the county unless the department or board shall have requested the issuance thereof by resolution and no pledge of the revenue of the undertaking shall be made to the payment and security of the bonds unless consented to by the department or board by resolution, and the pledge may be made by the department or board in the resolution requesting the issuance of the proposed bond issue and consenting to the pledge. A county may reserve the right to issue subsequent general obligation bonds equally and additionally secured by a pledge of the revenues of an undertaking, loan program, or other purpose.

General obligation bonds may also be issued under this chapter for any purpose authorized by section 47-3 additionally secured by a pledge of one or more specific categories of receipts not covered by the preceding paragraph of this section (which may include, without limitation, any rates, rentals, fees, charges, taxes, state or federal grants or other receipts) that are not derived from an undertaking or loan program for which the bonds are issued, as the governing body may determine, subject to the rights of the holders of any bonds then outstanding and the provisions of the ordinances or resolutions authorizing the outstanding bonds. The bonds may be combined into, issued, and sold with other general obligation bonds of the county as a single issue of bonds. The governing body may require that the general fund of the county shall be reimbursed from the receipts, for all of the principal of and interest on the bonds, or for any part hereof as the governing body may determine. Whenever the receipts to be pledged shall be under the management and control of a department or board of the county, no bonds shall be authorized under this chapter additionally secured by a pledge of the receipts, unless:

(1) The department or board shall have requested the issuance thereof by resolution; and

(2) The pledge of receipts has been consented to by the department or board by resolution; provided that the pledge may be made by the department or board in the same resolution.

The county may covenant with the holders of the bonds additionally secured by a pledge of such other receipts that it will continue to impose and collect the receipts in amounts at least sufficient to provide for the payment of the principal and interest on the bonds to the extent authorized or permitted by law. A county may reserve the right to issue subsequent general obligation bonds equally and additionally secured by a pledge of such receipts. [L 1989, c 80, pt of §2; am L 2012, c 231, §1]
Haw. Rev. Stat. § 48E-19 — HI Code / Division 1 / Title 6 / Chapter 48E / Section 48E-19
Construction of this chapter.
Status: in_force

The powers conferred by this chapter shall be supplemental to the powers conferred by any other law. Nothing contained in this chapter shall prohibit a county from providing for a pollution control project of the nature described in this part as a public undertaking, improvement, or system under chapter 47 or 49.
Haw. Rev. Stat. § 46-15.21 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-15.21
Housing choice voucher program.
Status: in_force

No county shall disqualify a legal nonconforming dwelling unit from the housing choice voucher program if the unit meets zoning and building code requirements and other program standards such as health and safety standards.
Haw. Rev. Stat. § 50-1 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-1
Applicability.
Status: in_force

All counties which do not have a charter and all counties which have a charter may create a charter commission as provided herein. No provision of this chapter shall be held to alter or restrict any provision of any existing charter, except as hereinafter specifically provided.
Haw. Rev. Stat. § 52D-1 — HI Code / Division 1 / Title 6 / Chapter 52D / Section 52D-1
Police commission.
Status: in_force

A police commission is created for each of the counties. The composition, appointment, terms of office, staff, powers, duties, and functions of each police commission shall be prescribed by the charter of each county.
Haw. Rev. Stat. § 46-4.2 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-4.2
Nonsignificant zoning changes.
Status: in_force

Each county may provide by ordinance that nonsignificant changes to zoning boundaries may be made administratively by the designated county agency with responsibility over zoning matters, provided that "nonsignificant changes" shall mean a zoning change which does not result in an increase or decrease in any zoning designation affecting more than five per cent or one acre of any parcel of property, whichever is less, and which is in compliance with the general plan and development plan designation for the property.
Haw. Rev. Stat. § 54-55 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-55
Legal department.
Status: in_force

The county attorney shall be the legal adviser of the board of water supply and shall prosecute and defend, as the board may require, any and all actions and proceedings involving matters under its jurisdiction. The county attorney may, with the prior approval of the board, compromise, settle, or dismiss any litigation or proceedings which may be pending for, or on behalf of, or against the board relative to any matter or property under its jurisdiction.

The county attorney shall appoint and detail to the board such attorneys as the board may deem necessary to conduct its legal work, and the compensation of the attorneys so detailed shall be fixed by the board, and shall be paid from the revenues of the waterworks. The attorneys, when so appointed, shall be deputies of the county attorney, and shall be in addition to the deputies and assistants now or hereafter allowed to the county attorney by law.

The board may employ an attorney to act as its legal adviser and to represent it in any litigation to which it is a party. [L 1949, c 86, §5; RL 1955, §146-104; HRS §54-55; gen ch 1985]
Haw. Rev. Stat. § 46-74.1 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-74.1
Exemption from improvement assessments.
Status: in_force

[§46-74.1 Exemption from improvement assessments.] Subject to sections 67-8 and 46-74.2, any land exempted by law from payment of property taxes which land is owned by a society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes, whose charter or other enabling act contains a provision that, in the event of dissolution, the land owned by such society, association, or corporation shall be distributed to another society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes shall be exempt from assessments to pay for the cost of any improvements included in any improvement district.
Haw. Rev. Stat. § 53-26 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-26
Powers of redevelopment corporations.
Status: in_force

Each redevelopment corporation shall have and may exercise such of the powers conferred by the general corporation laws as are necessary in conducting the business of a redevelopment corporation and consistent with this part.
Haw. Rev. Stat. § 46-72 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-72
Liability for injuries or damages; notice.
Status: in_force

Before the county shall be liable for damages to any person for injuries to person or property received upon any of the streets, avenues, alleys, sidewalks, or other public places of the county, or on account of any negligence of any official or employee of the county, the person injured, or the owner or person entitled to the possession, occupation, or use of the property injured, or someone on the person's behalf, within two years after the injuries accrued shall give the individual identified in the respective county's charter, or if none is specified, the chairperson of the council of the county or the clerk of the county in which the injuries occurred, notice in writing of the injuries and the specific damages resulting, stating fully when, where, and how the injuries or damage occurred, the extent of the injuries or damages, and the amount claimed.
Haw. Rev. Stat. § 46-196 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-196
[ §46-196] Emergency medical services; levels of service; contracts.
Status: in_force

[ §46-196] Emergency medical services; levels of service; contracts. The county shall determine the levels of emergency medical services that shall be implemented throughout the county; provided that the county shall provide no fewer than twenty-one ground ambulance units. The county may contract to provide emergency medical services, including emergency aeromedical services, or any necessary component of the county system.
Haw. Rev. Stat. § 46-162 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-162
Definitions.
Status: in_force

As used in this part, unless the context clearly requires otherwise:

"Council" means the county council.

"Development rights" means the rights permitted for a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bulk, or height of improvements thereon. Development rights may be calculated and allocated in accordance with factors such as area, floor area ratios, density, height limitations, or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this part.

"Receiving district" means one or more designated districts or areas of land to which development rights generated from one or more sending districts may be transferred and in which increased development is permitted to occur by reason of this transfer.

"Sending district" means one or more designated districts or areas of land in which development rights may be designated for use in one or more receiving districts.

"Transfer of development rights" means the process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. [L 1998, c 296, pt of §1]
Haw. Rev. Stat. § 53-36 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-36
Dissolution.
Status: in_force

(a) After termination of any tax exemption granted pursuant to section 53-38, whether by expiration or by any other cause, or if prior thereto the redevelopment corporation elects to pay to the county the total of (1) all accrued taxes for which the exemption was granted and received, (2) interest at the rate of five per cent a year thereon, and (3) any additional amount with or without interest, not exceeding five per cent a year, prescribed in the contract between the redevelopment agency and the corporation as a condition precedent to the enjoyments of the privileges granted by this section, the redevelopment corporation may voluntarily dissolve, and title to the project may be conveyed in fee to the owner or owners of its capital stock or to any corporation designated by it or them for the purpose, or the redevelopment corporation may be dissolved and reconstituted pursuant to appropriate laws relating to the formation and conduct of corporations, after providing, in any case, for the payment of all current operating expenses, taxes, indebtedness and all accrued interest thereon, and the par value of and accrued dividends on the outstanding stock of the redevelopment corporation. If, after making the provision and after the conveyance of the project, a cash surplus remains in the treasury of the redevelopment corporation, the cash surplus shall, upon dissolution, be paid into the redevelopment fund of the county. After the dissolution and conveyance or the reconstitution, any tax exemption granted to the redevelopment corporation pursuant to section 53-38 shall cease and terminate, and the provisions of this part regulating redevelopment corporations only shall become and be inapplicable to the project.

(b) If prior to the expiration of the thirty-five-year period the project is sold for any reason, the redevelopment corporation shall dissolve and any tax exemption granted to the redevelopment corporation pursuant to section 53-38 shall cease and terminate. In such case the stockholders and income debenture certificate holders shall in no event receive more than the par value of their stock and the face value of their income debenture certificates with accrued and unpaid dividends or interest upon such stock and income debenture certificates, and any remaining surplus shall be paid into the redevelopment fund of the agency.

(c) In no event shall a redevelopment corporation be voluntarily dissolved unless provision is made for the payment in full of the remaining balance of principal and interest due or unpaid upon any mortgage on its property or any part thereof, but any project may, with the consent of the agency, be conveyed and transferred to the agency subject to the mortgage and accrued interest.

(d) Unless the agency consents to the voluntary dissolution of a redevelopment corporation, the corporation shall not dissolve except in accordance with subsections (a) and (b) of this section or upon the expiration of the period of corporate existence as fixed by its articles.

(e) The contract with the agency may contain such other provisions for the dissolution of the redevelopment corporation as may be deemed advisable, not inconsistent with the provisions of this section.

(f) Upon dissolution as provided in this section, the provisions of this part regulating redevelopment corporations only shall become and be inapplicable to the project and its owner or owners.

(g) Nothing in this section shall have the effect of releasing the successors in interest of the redevelopment corporation from covenants, conditions, restrictions, and limitations running with the land and not appropriate solely to a redevelopment corporation. [L 1949, c 379, §19; RL 1955, §143-35; HRS §53-36]
Haw. Rev. Stat. § 53-25 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-25
Application of other corporation laws.
Status: in_force

All provisions of the general corporation laws, not inapplicable and not inconsistent with the provisions of this part shall apply to redevelopment corporations. If any action with respect to which the holders of income debentures shall have the right to vote is proposed to be taken, then notice of any meeting at which the action is proposed to be taken shall be given to the holders in the same manner and to the same extent as if they were stockholders entitled to notice of and to vote at the meeting, and any certificate filed pursuant to law with the state director of commerce and consumer affairs with respect to any action, whether taken with or without meeting, and any affidavit required by law to be annexed to the certificate, shall contain the same statements or recitals and the certificate shall be subscribed and acknowledged, and the affidavit shall be made, in the same manner as if the holders were stockholders holding shares of an additional class of stock entitled to vote on the action or with respect to the proceedings provided for in the certificate.
Haw. Rev. Stat. § 47-33 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-33
Purchase of bonds, when.
Status: in_force

Provided it can be shown to be to the financial advantage of the county, whenever there are any moneys on deposit in the sinking fund in excess of the amount needed for the redemption of any bonds then matured or required to be redeemed, the director of finance of each county, with the approval of the governing body, may buy with those moneys, on the open market, any of the outstanding bonds or any interest bearing notes of the county, or invest the moneys in obligations of, or obligations unconditionally guaranteed by, the United States of America or in savings accounts, time deposits, or certificates of deposit of any bank or trust company, within or without the State, to the extent that the savings accounts, time deposits, or certificates of deposit are collaterally secured by a pledge of obligations of, or obligations unconditionally guaranteed by, the United States of America; or in obligations of any state of the United States of America or any agency, instrumentality or local government of any such state, the provision for payment of the principal of and interest on which shall have irrevocably been made by deposit of obligations of, or obligations unconditionally guaranteed by, the United States of America.

All bonds and notes purchased pursuant to this section shall be canceled and not reissued. [L 1989, c 80, pt of §2]
Haw. Rev. Stat. § 53-52 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-52
Urban renewal plan.
Status: in_force

Any urban renewal project undertaken pursuant to section 53-51 shall be undertaken in accordance with an urban renewal plan for the area of the project. As used in this chapter, an "urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan (1) shall conform to the master plan for the county as a whole; or if there is no master plan for the county as a whole, then to the master plan for the urban area as a whole of which the urban renewal project area constitutes a part; and (2) shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses; improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. An urban renewal plan shall be prepared and approved pursuant to the same procedure as provided in this chapter with respect to a redevelopment plan, except as specifically provided in this part.
Haw. Rev. Stat. § 52D-12 — HI Code / Division 1 / Title 6 / Chapter 52D / Section 52D-12
Duty of police officer to owner.
Status: in_force

Any stolen or lost property in the custody of a police officer shall be delivered to its owner or the owner's duly authorized agent upon satisfactory proof of ownership, and if to an agent, of the agency; subject to payment by the owner or agent of all reasonable expenses incurred in the preservation and safekeeping of the property.
Haw. Rev. Stat. § 46-4.7 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-4.7
[ §46-4.
Status: in_force

[ §46-4.7] Adaptive reuse; commercial buildings. (a) No later than January 1, 2025, each county shall adopt or amend its ordinances to allow for adaptive reuse of existing commercial buildings in the county's building code; provided that adaptive reuse of existing commercial buildings shall be allowed pursuant to this section until each county adopts or amends its ordinance in accordance with this section.

(b) Notwithstanding any law, ordinance, or code or standard to the contrary, each adaptive reuse ordinance shall:

(1) Allow for the construction of micro units; provided that no county shall require a micro unit to be larger than minimum standards established in the International Building Code;

(2) Allow for adaptive reuse to meet the interior environment requirements of the International Building Code; and

(3) Provide for an exemption to any requirements regarding park dedication or additional off-street parking; provided that:

(A) The existing off-street parking satisfies at least fifty per cent of a county's parking requirements; and

(B) The building's floor area, height, and setbacks do not change as a result of adaptive reuse;

provided further that this paragraph shall not preclude a county from exempting a project under this section from all off-street parking requirements.

(c) For purposes of this section, "adaptive reuse" means the repurposing of existing buildings or structures in whole or in part for residential purposes. "Adaptive reuse" includes retrofitting and repurposing of existing buildings or structures that create new residential units. "Adaptive reuse" does not include the rehabilitation of any construction affecting existing residential units that are or have been recently occupied. [L 2024, c 37, pt of §2]
Haw. Rev. Stat. § 47-9 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-9
Form and execution of bonds.
Status: in_force

(a) All bonds issued under this chapter shall be lithographed or steel engraved, shall bear the manual signature of the director of finance or the deputy director of finance of the county, shall bear the manual or lithographed or engraved facsimile signature of the mayor of the county and shall be sealed with the seal or lithographed or engraved facsimile seal of the county. In addition, fully registered bonds may be authenticated with the manual signature of the registrar, if any, thereunto duly appointed by the governing body or the director of finance. Notwithstanding the preceding provisions of this section, the governing body or the director of finance may provide that bonds issued under this chapter may be typewritten, printed, or otherwise reproduced. Interest coupons shall bear a lithographed or engraved facsimile of the signature of the director of finance or the deputy director of finance of the county. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the director of finance may determine may be issued to the purchaser or purchasers of bonds sold pursuant to this chapter.

(b) When bonds of the county are prepared and signed by the director of finance or the deputy director of finance and by the mayor in office at the time of the signing or lithographing or engraving of a facsimile signature upon the bonds, the signatures of the director of finance or deputy director of finance and mayor shall be valid and sufficient for all purposes, and shall have the same effect as if the persons so officially signing the bonds or whose facsimile signature appears thereon had remained in office until the delivery of the same to the initial purchasers thereof, and in the case of fully registered bonds, upon any exchange or transfer between subsequent holders thereof, notwithstanding the term of office of the persons or either of them may have expired or they may otherwise have ceased to be the officers before delivery, exchange, or transfer. If the governing body or director of finance has designated a registrar for fully registered bonds, the governing body or director of finance may provide that no fully registered bond shall be valid or obligatory for any purpose unless certified or authenticated by the registrar. If the governing body or director of finance shall have designated a registrar as aforesaid, then notwithstanding subsection (a), all signatures of the officers of the county upon the fully registered bonds may be facsimiles of the signatures, and the fully registered bonds shall be valid and sufficient only if certified or authenticated as aforesaid by the manual signature of an authorized officer or signatory of the registrar. Any law to the contrary notwithstanding, if blanks of fully registered bonds are held by a registrar pending exchange or transfer for other fully registered bonds of the same series, then upon delivery of bonds in an exchange or transfer, the bonds shall be valid and sufficient for all purposes notwithstanding that the signature of the director of finance or the mayor appearing thereon shall be that of the person in office at the time of initial delivery of the series of bonds of which the bond is one or at the time of such exchange or transfer. [L 1989, c 80, pt of §2]
Haw. Rev. Stat. § 50-5 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-5
Commission organization and procedures.
Status: in_force

No later than fifteen days after its members are appointed, the charter commission shall organize and hold its first meeting and shall adopt such rules and regulations for the conduct of its business as it deems necessary and desirable. Chapter 91 shall not be applicable hereto. The majority of the members of the commission shall constitute a quorum for the transaction of business.
Haw. Rev. Stat. § 52D-3.5 — HI Code / Division 1 / Title 6 / Chapter 52D / Section 52D-3.5
Reports to legislature.
Status: in_force

(a) The chief of each county police department shall submit to the legislature no later than January 31 of each year an annual report of misconduct incidents that resulted in suspension or discharge of a police officer. The reporting period of each report shall be from January 1 to December 31 of the year immediately prior to the year of the report submission.

(b) The report shall:

(1) Summarize the facts and the nature of the misconduct for each incident;

(2) Specify the disciplinary action imposed for each incident;

(3) Identify any other incident in the annual report committed by the same police officer;

(4) State whether the highest nonjudicial grievance adjustment procedure timely invoked by the police officer or the police officer's representative has concluded:

(A) If the highest nonjudicial grievance adjustment procedure has concluded, the report shall state:

(i) Whether the incident concerns conduct punishable as a crime, and if so, describe the county police department's findings of fact and conclusions of law concerning the criminal conduct; and

(ii) Whether the county police department notified the respective county prosecuting attorney of the incident; or

(B) If the highest nonjudicial grievance adjustment procedure has not concluded, the report shall state the current stage of the nonjudicial grievance adjustment procedure as of the end of the reporting period; and

(5) Disclose the identity of the police officer upon the police officer's suspension or discharge.

(c) The report shall tabulate the number of police officers suspended and discharged under the following categories of the department's Standards of Conduct:

(1) Malicious use of physical force;

(2) Mistreatment of prisoners;

(3) Use of drugs and narcotics; and

(4) Cowardice.

(d) The summary of facts provided in accordance with subsection (b)(1) shall not be of such a nature so as to disclose the identity of the individuals involved, except as required under subsection (b)(5).

(e) For any misconduct incident reported pursuant to this section and subject to subsection (b)(4)(B), the chief of each county police department shall provide updated information in each successive annual report, until the highest nonjudicial grievance adjustment procedure timely invoked by the police officer has concluded. In each successive annual report, the updated information shall reference where the incident appeared in the prior annual report. For any incident resolved without disciplinary action after the conclusion of the nonjudicial grievance adjustment procedure, the chief of each county police department shall summarize the basis for not imposing disciplinary action.

(f) For each misconduct incident reported in an annual report, the chief of each county police department shall retain the disciplinary records in accordance with the department's record retention policy or for at least eighteen months after the final annual report concerning that incident, whichever period is longer. [L 1995, c 242, §3; am L 2014, c 121, §1; am L 2020, c 47, §2]
Haw. Rev. Stat. § 53-17 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-17
Bonds of agency to be legal investments.
Status: in_force

Bonds issued by a redevelopment agency in connection with one or more redevelopment plans or redevelopment projects pursuant to this part shall be legal investments and security for public deposits to the same extent and for the same public officers and bodies, political subdivisions, persons, companies, corporations, associations, banks, institutions, and fiduciaries as bonds or obligations issued by the Hawaii housing finance and development corporation under chapter 201H in connection with slum clearance and housing projects.
Haw. Rev. Stat. § 46-19.1 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-19.1
Facilities for solid waste processing and disposal and electric generation; financing; sale.
Status: in_force

(a) In addition to any other powers provided by law, any county may issue general obligation bonds to finance a facility for the processing and disposal of solid waste, or generation of electric energy, or both, pursuant to section [47-4], and provide for interest on the bonds which will accrue during the construction period. Any such facility shall be and constitute an undertaking as defined in section 49-1, and all revenues derived from the services and commodities furnished by the undertaking, including the disposal of solid waste and the sale of steam and electric energy and recovered materials, shall constitute revenues of the undertaking.

Any law to the contrary notwithstanding, and particularly section 47-7, bonds issued pursuant to this section to finance a facility for the processing and disposal of solid waste or generation of electric energy, or both may be sold at competitive or negotiated sale at whatever price or prices, may bear interest at whatever rate or rates payable at whatever time or times, and may be made redeemable before maturity at the option of the county, the holder, or both at whatever price or prices and upon whatever terms and conditions as the governing body of the county or, if authorized by the governing body of the county, the director of finance may determine.

If bonds issued pursuant to this section for the processing and disposal of solid waste and generation of electric energy are issued bearing interest at rates which vary from time to time and with a right of the holders to put the bonds, all as provided in the proceedings authorizing the issuance thereof, any county may contract for support facilities and remarketing arrangements as are required to market the bonds to the greatest advantage of the county upon such terms and conditions as the governing body of the county shall approve by resolution. The county may enter into contracts or agreements with the entity or entities providing a support facility as aforesaid as the governing body of the county shall approve by resolution; provided that any contract or agreement shall provide, in essence, that any amounts due and owing by the county under the contract or agreement on an annual basis shall be subject to annual appropriations by the county, and any obligation issued pursuant to the terms of the contract or agreement in the form of bonds, notes, or other evidences of indebtedness shall arise only when moneys or securities have been irrevocably set aside for the full payment of a like principal amount of bonds issued pursuant to this section. The selection of entities to provide a support facility or to remarket bonds may be in such manner and upon such terms and conditions as the governing body shall approve by resolution.

(b) If the governing body of the county shall find that the sale of a facility for the processing and disposal of solid waste, or generation of electric energy, or both will not deprive the county of the availability of the facility and will result in a reduction to the county of the costs of the facility, any law to the contrary notwithstanding, any county may sell a facility financed pursuant to this section at competitive or negotiated sale at such price and upon such terms and conditions as the governing body shall approve by resolution. The sale may be pursuant to an installment sales contract or such other form of agreement as the governing body shall approve by resolution. A facility sold as authorized by this subsection shall continue to constitute a public undertaking as provided in subsection (a), and the proceeds of such sale shall constitute revenues derived from the services and commodities furnished by the undertaking.

(c) A county may lease any facility sold as authorized by this section or enter into an operating agreement or other arrangement with the purchaser or a lessee of the purchaser of the facility upon such terms and conditions as the governing body shall approve by resolution. So long as a facility sold as authorized by this section is available to the county, notwithstanding that availability is conditioned on payment of reasonable fees for the services and commodities furnished thereby, the facility shall be deemed used for a public purpose and payment of the costs of construction shall constitute a purpose for which bonds may be issued as authorized by subsection (a).

(d) Insofar as this section is inconsistent with the provisions of any law or charter, this section shall control. The powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law or charter, and bonds may be issued and a facility financed from the proceeds thereof may be sold as authorized by this section notwithstanding any debt or other limitation prescribed by any other law or charter. [L 1985, c 291, §1; am L 1988, c 57, §3]
Haw. Rev. Stat. § 46-110 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-110
Tax increment fund.
Status: in_force

(a) Money shall be disbursed from the tax increment fund for a tax increment district only to satisfy the claims of holders of tax increment bonds issued for the tax increment district or to pay project costs for the district, or to make payments to the county as provided by subsection (c).

(b) Subject to an agreement with the holders of tax increment bonds, money in a tax increment fund may be temporarily invested in the same manner as other funds of the county.

(c) In any year in which the tax increment exceeds the amount necessary to pay all project costs and all installments of principal and interest of tax increment bonds issued for a tax increment district falling due and the amount paid to the county general fund pursuant to section 46-105(b)(2)(B), and subject to any agreement with bondholders, any excess money in the fund at the option of the county council, shall be used to redeem or purchase any outstanding tax increment bonds issued for the district, discharge the pledge of tax increment therefor, be paid into an escrow account dedicated to the payment of such bonds, be paid over to the county general fund, or any combination thereof. [L 1985, c 267, pt of §1]
Haw. Rev. Stat. § 54-14 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-14
Staff.
Status: in_force

The board of water supply shall appoint an engineer duly registered under chapter 464 to serve as the administrative officer of the board. The engineer shall be known as the manager and chief engineer of the board and shall be subject to chapter 77. The manager-engineer shall appoint a deputy manager-engineer who shall be an engineer duly registered under chapter 464 and who shall be subject to chapter 76.

The manager and chief engineer shall have powers and duties prescribed by the board.

The manager and chief engineer may appoint, suspend, or discharge other subordinate employees as may be necessary for the proper conduct of the business of the board in conformity with chapter 76, provided that all present employees of the waterworks department of a county, and all provisional, probationary, temporary, and contractual employees of the waterworks department shall be transferred to the board under their present respective status and under chapter 76.

The board may require a bond in such amount as it deems proper from the manager and chief engineer or deputy or from any employee. The premiums of the bond or bonds shall be paid by the board. [L 1961, c 155, pt of §1; Supp, §145A-4; HRS §54-14; gen ch 1985; am L 2000, c 253, §150]
Haw. Rev. Stat. § 50-9 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-9
Submission of proposed charter to county clerk.
Status: in_force

If the legislative body of the county proposes no alternative sections to the charter, the charter commission shall submit a draft of the proposed charter to the county clerk within thirty days after it has received the charter from the legislative body. If alternatives are submitted by the legislative body of the county to the commission, then the commission shall accept or reject the alternatives within thirty days after the charter has been returned to it and shall report to the legislative body of the county any rejection. The legislative body of the county may within ten days after receiving such notification recall any or all of the alternative proposals rejected by the commission. Upon the expiration of the time for recall by the legislative body as provided herein or sooner with the consent of the legislative body the commission shall submit to the county clerk the proposed charter together with any alternatives proposed by the legislative body of the county which have not been accepted by the commission and incorporated in its draft.
Haw. Rev. Stat. § 46-65.6 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-65.6
Thomas Square; to be maintained.
Status: in_force

Thomas Square shall be maintained as a public park.
Haw. Rev. Stat. § 53-16 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-16
Bonds of agency.
Status: in_force

(a) A redevelopment agency may issue bonds from time to time in its discretion for any of its corporate purposes including the payment of principal and interest upon any advances for surveys and plans for redevelopment projects. An agency may also issue refunding bonds for the purpose of paying or retiring or in exchange for bonds previously issued by it. An agency may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable:

(1) Exclusively from the income, proceeds, and revenues of the redevelopment project financed with the proceeds of the bonds; or

(2) Exclusively from the income, proceeds, and revenues of any of its redevelopment projects whether or not they are financed in whole or in part with the proceeds of the bonds; provided that the bonds may be additionally secured by a pledge of any loan, grant, or contributions, or parts thereof, from the federal government or other source, or a mortgage of any redevelopment project or projects of the agency.

(b) Neither the members of an agency nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of the agency (and such bonds and obligations shall so state on their face) shall not be a debt of the county or the State and neither the county nor the State shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any county or state funds or properties other than those of the agency acquired for the purposes of this part. The bonds shall not constitute an indebtedness within the meaning of any debt limitation or restriction. Bonds of an agency are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from all taxes.

(c) Bonds of an agency shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, as established by the legislative bodies of the counties, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms or redemption (with or without premium) as the resolution, its trust indenture, or mortgage may provide.

(d) The bonds shall be sold at not less than par at public sale held after public notice given once at least ten days prior to the sale in the county; provided that the bonds may be sold to the federal government at private sale at not less than par, and, in the event less than all of the bonds authorized in connection with any project or projects are sold to the federal government, the balance of the bonds may be sold at private sale at not less than par at an interest cost to the agency of not to exceed the interest cost to the agency of the portion of the bonds sold to the federal government.

(e) In case any of the members or officers of the agency whose signatures appear on any bonds or coupons cease to be members or officers before the delivery of the bonds, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the members or officers had remained in office until the delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this part shall be fully negotiable.

(f) In any suit, action, or proceedings involving the validity or enforceability of any bond of an agency or the security therefor, any bond reciting in substance that it has been issued by the agency to aid in financing a redevelopment project, as herein defined, shall be conclusively deemed to have been issued for the purpose and the project shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes of this part.

(g) In connection with the issuance of bonds and in order to secure the payment of the bonds or obligations, an agency, in addition to its other powers, may:

(1) Pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence;

(2) Mortgage all or any part of its real or personal property, then owned or thereafter acquired;

(3) Covenant against pledging all or any part of its rents, fees, and revenues, or against mortgaging all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on the revenues or property; covenant with respect to limitations on its right to sell, or otherwise dispose of any redevelopment project or any part thereof; and covenant as to what other, or additional debts or obligations may be incurred by it;

(4) Covenant as to the bonds to be issued and as to the issuance of the bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof; provide for the replacement of lost, destroyed, or mutilated bonds; covenant against extending the time for the payment of its bonds or interest thereon; and covenant for the redemption of the bonds and provide the terms and conditions thereof;

(5) Covenant (subject to the limitations contained in this part) as to the amount of revenues to be raised each year or other period of time by fees and other revenues, and as to the use and disposition to be made thereof; create or authorize the creation of special funds for moneys held for operating costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of the moneys held in the funds;

(6) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which the consent may be given;

(7) Covenant as to the use, maintenance, and replacement of any or all of its real or personal property, the insurance to be carried thereon, and the use and disposition of insurance moneys, and warrant its title to the property;

(8) Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which the declaration and its consequences may be waived;

(9) Vest in any obligees of the agency the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; vest in any obligee or obligees holding a specified amount in bonds the right, in the event of a default by the agency, to take possession of and use, operate and manage any redevelopment project or any part thereof, title to which is in the agency, or any funds connected therewith, and collect the rents and revenues arising therefrom and dispose of the moneys in accordance with the agreement of the agency with the obligees; provide for the powers and duties of the obligees and limit the liabilities thereof; and provide the terms and conditions upon which the obligees may enforce any covenant or rights securing or relating to the bonds;

(10) Exercise all or any part or combination of the powers herein granted; make the covenants (other than and in addition to the covenants herein expressly authorized) and do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of the agency, as will tend to make the bonds more marketable notwithstanding that the covenants, acts, or things may not be enumerated herein.

(h) An agency may by its resolution, trust indenture, mortgage, or other contract confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in the resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction:

(1) To cause possession of any redevelopment project or any part thereof, title to which is in the agency, to be surrendered to the obligee;

(2) To obtain the appointment of a receiver of any redevelopment project of the agency or any part thereof, title to which is in the agency, and of the rents and profits therefrom. If the receiver is appointed, the receiver may enter and take possession of, carry out, operate, and maintain the project or any part thereof and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep the moneys in a separate account or accounts and apply the same in accordance with the obligations of the agency as the court shall direct; and

(3) To require the agency and the commissioners, officers, agents, and employees thereof to account as if it and they were the trustees of an express trust.

(i) An obligee of an agency shall have the right in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee:

(1) By appropriate action to compel the agency and the members, officers, agents, or employees thereof to perform each and every term, provision, and covenant contained in any contract of the agency with or for the benefit of the obligee, and to require the carrying out of any or all the covenants and agreements of the agency and the fulfillment of all duties imposed upon the agency by this part; and

(2) By appropriate action to enjoin any acts or things which may be unlawful, or the violation of any of the rights of the obligee of the agency. [L 1949, c 379, pt of §4; am L 1951, c 244, pt of §3; RL 1955, §143-16; HRS §53-16; am L 1968, c 43, §2; am L 1981, c 79, §1; gen ch 1985; am L 1998, c 2, §20]
Haw. Rev. Stat. § 47-6 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-6
Method of authorization.
Status: in_force

All bonds of a county issued pursuant to this chapter must be authorized by the governing body of the county issuing same, and shall be authorized by an ordinance or resolution of the governing body, which ordinance or resolution may relate to more than one public improvement or purpose or combination thereof. It shall be a sufficient recital of purpose of issuance if the ordinance or resolution recites that the proceeds of the bonds authorized therein which are issued for public improvements are to be used to pay all or part of the cost of appropriations for public improvements made in a capital budget ordinance or resolution identified in the bond authorizing ordinance or resolution, or are to be used to establish, maintain, or replenish the special assessment revolving fund of the county, and neither the individual appropriations nor public improvements to which the proceeds are to be applied need be specified in the bond authorizing ordinance or resolution. The governing body of the county may authorize bonds to pay all or part of the cost of appropriations for public improvements made in a capital budget ordinance in such capital budget ordinance and, in that event, the capital budget ordinance shall constitute the authorizing ordinance under this chapter.
Haw. Rev. Stat. § 51-2 — HI Code / Division 1 / Title 6 / Chapter 51 / Section 51-2
Provision relating to purchase.
Status: in_force

Any franchise heretofore granted by the legislature authorizing the transportation of persons or property, or both, by motor vehicle limited to one county or a portion of a county is amended as follows with respect to the procedure for the purchase of the property of the company holding the franchise (hereinafter called the "company"):

(1) The legislative body of the county may by ordinance authorize or provide for the purchase of the property of the company. No authorization by referendum nor any legislative act authorizing a referendum shall be required, and all references to a referendum or legislative act are deleted from the franchise.

(2) Notice by the county to the company of the county's intention to acquire the property of the company shall not be required, and all references to the notice are hereby deleted from the franchise. [L 1967, c 300, §2; HRS §51-2]
Haw. Rev. Stat. § 53-22 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-22
Governmental advances, donations, and other appropriations.
Status: in_force

(a) The governor shall submit to the legislature at each regular session in an odd-numbered year, estimates of the amount reasonably required in the governor's judgment for administrative expenses and overhead of agencies concerned with the administration of this part, together with other amounts deemed necessary by the governor for state contributions for redevelopment projects, for the succeeding fiscal biennium, so that the legislature may make appropriations therefor if it deems the action advisable.

(b) Any county within which a redevelopment project is located or is about to be located may from time to time make loans, donations, or advances to the local redevelopment agency of such sums as in its discretion it may determine, the loans, advances, or donations to be made for the purpose of aiding or cooperating in the prosecution of the redevelopment project. The local agency, when it has money available therefor, shall reimburse the county for all advances made by way of a loan to it. For the purpose of raising funds for donation to an agency, any county within which a redevelopment project is located may issue and sell its bonds. Any bonds to be issued by the county pursuant to this section shall be issued in the manner and within the limitation prescribed by the laws of the State for the issuance and authorization of bonds for public purposes generally.

(c) In order to qualify for the allotment and expenditure of funds appropriated by the State under this section, for any redevelopment project or for assistance to a local redevelopment agency, the county shall make funds available to the agency in amounts at least equal to the funds granted or contributed, or to be granted or contributed, by the State. The council may make funds available for any of the purposes (including studies by the planning commission to determine and recommend for redevelopment blighted areas, and other activities of the planning commission under this part) of this part (whether or not state funds shall be available for any of such purposes) out of any moneys in the general fund of the county, and may include necessary amounts therefor in determining the real property tax rate for the county. The amount which, pursuant to this subsection, is included in determining the real property tax rate for the county, shall be paid into the redevelopment fund of the county for expenditure by the agency for the purposes of this part.

(d) All state appropriations made under this section shall be allocated to the respective redevelopment agencies upon the basis of actual need therefor, or as otherwise provided by law.

(e) The governor shall submit to the legislature at each regular session in an odd-numbered year, estimates of the amount of additional appropriation necessary in the governor's judgment for use by the Hawaii housing finance and development corporation in the succeeding fiscal biennium, in providing living facilities necessary to care for families displaced or to be displaced by redevelopment projects, so that the legislature may make appropriations therefor if it deems the action advisable. [L 1949, c 379, §5; am L 1951, c 244, §4; am L 1955, c 271, §1(j); RL 1955, §143-21; am L Sp 1957, c 1, §15(b); am L Sp 1959 1st, c 13, §2; am L 1963, c 142, §10 and c 193, §39; HRS §53-22; am L 1979, c 105, §8; gen ch 1985; am L 1987, c 337, §5(3); am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
Haw. Rev. Stat. § 50-7 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-7
Powers of the commission.
Status: in_force

The charter commission shall hold public hearings and sponsor public forums and in general provide for the widest possible public information and discussion respecting the purpose and progress of its work. It shall receive the assistance of any officer or employee of the county without extra compensation as it may request to carry out its functions. It may, with the approval of the legislative body of the county, appoint staff members and consultants as it deems necessary.
Haw. Rev. Stat. § 51-1 — HI Code / Division 1 / Title 6 / Chapter 51 / Section 51-1
Grant of powers.
Status: in_force

Every county of this State may acquire, condemn, purchase, lease, construct, extend, own, maintain, and operate mass transit systems, including, without being limited to, motor buses, street railroads, fixed rail facilities such as monorails or subways, whether surface, subsurface, or elevated, taxis, and other forms of transportation for hire for passengers and their personal baggage.

Every county shall have power to provide mass transportation service, whether directly, jointly, or under contract with private parties, without the county or private parties being subject to the jurisdiction and control of the public utilities commission in any manner.

The terms "mass transit" and "mass transportation" mean transportation by bus, or rail or other conveyance, either publicly or privately owned, which provides to the public general or special service (but not including school buses or charter or sightseeing service) on a regular and continuing basis. [L 1967, c 300, §1; HRS §51-1; am L 1973, c 166, §1]
Haw. Rev. Stat. § 46-146 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-146
Time of assessment and collection of impact fees.
Status: in_force

Assessment of impact fees shall be a condition precedent to the issuance of a grading or building permit and shall be collected in full before or upon issuance of the permit.
Haw. Rev. Stat. § 50-2 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-2
Definitions.
Status: in_force

Whenever used in this chapter, unless a different meaning clearly appears from the context:

"County" or "counties" means the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui.

"Legislative body of the county" means the county council. [L 1963, c 73, pt of §2; Supp, §143A-2; HRS §50-2]

Revision Note

Definition of "chairman of the county" deleted as obsolete. Definition of "legislative body of county" revised by deleting references to board of supervisors and to city council of Honolulu.
Haw. Rev. Stat. § 47C-3 — HI Code / Division 1 / Title 6 / Chapter 47C / Section 47C-3
Supplemental determination.
Status: in_force

Whenever the county proposes to issue bonds, the director of finance shall prepare a supplemental summary of the indebtedness of the county setting forth therein such information and findings as of a date within thirty days of the delivery of such bonds as will bring up to date and make current the most recent summary prepared in accordance with the provisions of section 47C-2. The director of finance shall also prepare and attach to such supplemental summary such supporting schedules as may be required to set forth in detail the variations and changes from the summary prepared in accordance with section 47C-2, including such legal and financial findings as will justify any changes in the itemizations set forth in such previous summary pursuant to the requirements of paragraph (4) of section 47C-2. If all the bonds proposed to be issued may be excluded when determining the funded debt of the county for the purposes of section 13 of article VII of the constitution by reason of the provisions of clauses 2 or 4 of that section, the supplemental summary and supporting schedules may be limited to such bonds and findings as are necessary to justify such exclusion under such clauses.

In the event proceeds of the bonds proposed to be issued are to be applied to the retirement in the then fiscal year of outstanding bonds, including notes issued in anticipation of the issuance of the bonds proposed to be issued, for the purpose of applying the provisions of clause 1 of section 13 of article VII of the constitution to the bonds to be retired, that amount of such proceeds to be so applied may be considered and treated as moneys irrevocably set aside for the payment of such bonds. [L 1970, c 202, pt of §1; am L 1979, c 43, pt of §4]
Haw. Rev. Stat. § 48E-17 — HI Code / Division 1 / Title 6 / Chapter 48E / Section 48E-17
Status of special purpose revenue bonds under Uniform Commercial Code.
Status: in_force

Notwithstanding any of the provisions of this chapter or any recitals in any special purpose revenue bonds issued under this chapter, all such special purpose revenue bonds shall be deemed to be investment securities under the Uniform Commercial Code, chapter 490, subject only to the provisions of the special purpose revenue bonds pertaining to registration.
Haw. Rev. Stat. § 46-45 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-45
Excessive expenditures; penalty.
Status: in_force

No council, or other board, committee, department, bureau, officer, or employee of any county shall expend, or aid or participate in expending, during any period of time for any purpose, except for and in the exercise by the county of the power of eminent domain, any sum in the absence of an appropriation for the purpose for the period, or any sum in excess of an appropriation, if any, for the purpose for the period, or incur, authorize, or contract, or aid or participate in incurring, authorizing, or contracting, during any fiscal year, liabilities or obligations, whether payable during the fiscal year or not, for any or all purposes, except for and in the exercise by the county of the power of eminent domain, in excess of the amount of money available for the purposes for the county during the year. Any person who violates this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 46-18 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-18
Central coordinating agency.
Status: in_force

(a) Each county shall, by ordinance, designate an existing agency within each county which shall be designated as the central coordinating agency and in addition to its existing functions shall:

(1) Maintain and continuously update a repository of all laws, rules and regulations, procedures, permit requirements and review criteria of all federal, state and county agencies having any control or regulatory powers over land development projects within such county and shall make said repository and knowledgeable personnel available to inform any person requesting information as to the applicability of the same to a particular proposed project within the county;

(2) Study the feasibility and advisability of utilizing a master application form to concurrently file applications for an amendment to a county general plan and development plan, change in zoning, special management area permit and other permits and procedures required for land development projects in the county to the extent practicable with one master application;

(3) Maintain and continuously update a master file for the respective county of all applications for building permits, subdivision maps, and land use designations of the State and county;

(4) When requested by the applicant, endeavor to schedule and coordinate, to the extent practicable, any referrals, public informational meetings, or any public hearings with those held by other federal, state, or county commissions or agencies, or any combination thereof, pursuant to existing laws pertaining to the respective county; and

(5) When requested by the applicant, endeavor to schedule and coordinate, to the extent practicable, a single joint public hearing when multiple permits from state or county commissions or agencies, or any combination thereof, require a public hearing.

(b) All state and county departments, divisions, agencies, and commissions, with control or regulatory or advisory powers over land development projects in any county of the State, are authorized to enter into memoranda of understanding for the purpose of promoting joint processing of public hearings. The county departments and agencies, subject to ordinances enacted by the county councils, shall consult with the designated central coordinating agency of each county and shall adopt rules under chapter 91 establishing the order in which multiple permits take precedence and setting the conditions under which the joint public hearing must be held and the time periods within which the hearing and action for multiple permit processing shall occur.

(c) All state and county departments, divisions, agencies and commissions, with control or regulatory powers over land development projects in any county of the State shall cooperate with the designated central coordinating agency of each county in making available and updating information regarding laws, rules and regulations, procedures, permit requirements and review criteria they enforce upon land development projects.

(d) Each county shall adopt ordinances required by this section by September1, 1977, and each designated central coordinating agency shall compile the repository required by subsection (a) and adopt necessary rules pursuant to chapter 91 to implement this section by December31, 1977. [L 1977, c 74, §2; am L 1994, c 260, §1]
Haw. Rev. Stat. § 53-27 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-27
Limited return on investment.
Status: in_force

Subject to section 53-36, there shall be paid annually out of the earnings of the redevelopment corporation, after providing for all expenses, taxes, assessments, and depreciation in improvements, or, in the case of a lease, for amortization, a sum for interest and dividends not exceeding eight per cent of the total actual final cost of the project as defined by [paragraph] (2) of section 53-32. The obligation in respect of the payments shall be cumulative, and any deficiency in interest and dividends in any year shall be paid from the first available earnings in subsequent years; and any cash surplus derived from earnings remaining in the treasury of the redevelopment corporation in excess of the amount necessary to provide the cumulative annual sums shall, upon dissolution of the corporation, be paid into the redevelopment fund of the county in which the project lies.
Haw. Rev. Stat. § 47-21 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-21
Certificate furnished garnishee.
Status: in_force

After final judgment or determination of the action, the party prevailing shall obtain from the court by which the final judgment or determination was made, a certificate, which shall sufficiently describe the action to apprise the garnishee of its identity, and shall state the nature and amount of the final judgment or determination made therein, and the certificate shall be immediately furnished to the garnishee.
Haw. Rev. Stat. § 47-16 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-16
Bond anticipation notes.
Status: in_force

Whenever the governing body of the county shall have authorized the issuance of bonds under this chapter, general obligation bond anticipation notes of the county are hereby authorized to be issued in anticipation of the issuance of the bonds and of the receipt of the proceeds of sale thereof, for the purposes for which the bonds have been authorized. All general obligation notes must be authorized by the governing body of the county issuing same by ordinance or resolution of the governing body, which may be the same or a different ordinance or resolution as that authorizing the bonds. The maximum principal amount of the notes shall not exceed the authorized principal amount of the bonds. The director of finance of the county, with the approval of the governing body, may issue and sell from time to time the bond anticipation notes which have been authorized by the governing body. The full faith and credit of the county shall be pledged to the payment of the principal of and interest on the notes. The authorization, issuance, and details of the notes shall be governed by this chapter with respect to bonds insofar as the same may be applicable, provided that:

(1) Each note, together with all renewals and extensions thereof, or refundings thereof by other notes issued under this section, shall mature within five years from the date of the original note; and

(2) The interest on the notes shall be paid from the general fund of the county and the principal of the notes shall be paid from the proceeds of sale of the bonds in anticipation of which the notes have been issued or from any money in the general fund available therefor.

To the extent that the principal of the notes shall be paid from moneys other than the proceeds of sale of the bonds, the maximum amount of bonds in anticipation of which the notes are issued that has been authorized shall be reduced by the amount of notes paid in that manner. [L 1989, c 80, pt of §2]
Haw. Rev. Stat. § 52D-16 — HI Code / Division 1 / Title 6 / Chapter 52D / Section 52D-16
Domestic violence policies; standard of conduct policies.
Status: in_force

Each county police department shall post its policies relating to domestic violence, officer-involved domestic violence, and standards of conduct on its official website.
Haw. Rev. Stat. § 46-164 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-164
Procedures.
Status: in_force

Any county modifying its zoning ordinance or enacting a local law pursuant to this part shall follow the procedure for adopting and amending its ordinances.
Haw. Rev. Stat. § 49-2 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-2
Declaration of policy.
Status: in_force

It is declared to be the policy of the State that any county acquiring, purchasing, constructing, reconstructing, improving, bettering, or extending an undertaking or establishing or administering a loan program pursuant to this chapter shall manage the undertaking or loan program in the most efficient manner consistent with sound economy and public advantage and consistent with the protection of bondholders.
Haw. Rev. Stat. § 52D-2 — HI Code / Division 1 / Title 6 / Chapter 52D / Section 52D-2
Chief of police.
Status: in_force

A chief of police shall be appointed and may be removed as prescribed by the charter of each county. The chief of police shall annually make a report to the police commission on the state of affairs and condition of the police department.
Haw. Rev. Stat. § 47C-6 — HI Code / Division 1 / Title 6 / Chapter 47C / Section 47C-6
Public hearing; declaratory judgment.
Status: in_force

In the event the certification by the director of finance of any summary and supporting schedules filed with the council of the county shall set forth therein that the corporation counsel or the chairperson of the finance committee has disagreed as to any item therein, the council at its election may hold a public hearing on any factual matters as to which there is disagreement. The public hearing shall be held at a regular meeting of the council. Public notice of the public hearing shall be given at least once at least five days prior to the date set for the hearing in the county. The council after the public hearing may make findings as to all the factual items about which there is disagreement, which findings shall be conclusive. Upon the findings having been made, the director of finance shall revise the summary and supporting schedules to reflect the findings, and shall certify the revised summary and supporting schedules to the council.

In the event the certification by the director of finance of any summary and supporting schedules filed with the council of the county shall set forth therein that the corporation counsel has disagreed as to any legal finding or determination therein, the council at its election may direct the corporation counsel to file a declaratory judgment action in the name of the county against the director of finance in the circuit court having jurisdiction over the county. The circuit court having jurisdiction over the county is hereby vested with jurisdiction over the declaratory judgment action. The findings and determinations by the circuit court in the action shall be conclusive. Upon the findings and determinations having been made by the circuit court, the director of finance shall revise the summary and supporting schedules to reflect the findings, and shall certify the revised summary and supporting schedules to the council. [L 1970, c 202, pt of §1; gen ch 1993; am L 1998, c 2, §16]
Haw. Rev. Stat. § 46-180 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-180
[ §46-180]Relief from retaliatory actions.
Status: in_force

[ §46-180]Relief from retaliatory actions. (a) Notwithstanding any law to the contrary, any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment, contract, or agency relationship because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under section 46-175 or other efforts to stop or address any conduct described in section 46-171(a).

(b) Relief under subsection (a) shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An action for relief from retaliatory actions under subsection (a) may be brought in the appropriate court of this State for the relief provided in this part.

(c) An action for relief from retaliatory actions under subsection (a) shall be brought within three years of the retaliatory conduct upon which the action is based. [L 2012, c 294, pt of §1]
Haw. Rev. Stat. § 46-63 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-63
Gift or sale of county property for care of aged persons.
Status: in_force

The several counties may give, sell, set aside, and transfer property, real or personal, to private eleemosynary organizations dedicated to the care of aged persons, so long as it is used for the care of aged persons.
Haw. Rev. Stat. § 58-1 — HI Code / Division 1 / Title 6 / Chapter 58 / Section 58-1
Purpose.
Status: in_force

It is the policy of the State to safeguard exceptional trees from destruction due to improper land development, and the legislature finds that enactment of protective regulations by the counties to accomplish this is a valid and important public purpose.
Haw. Rev. Stat. § 47-11 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-11
Support facility for variable rate bonds.
Status: in_force

If bonds issued pursuant to this chapter are issued bearing interest at a rate or rates which vary from time to time or with a right of holders to tender the bonds for purchase, or both, the director of finance with the approval of the governing body, may contract for such support facility or facilities and remarketing arrangements as are required to market the bonds to the greatest advantage of the county upon such terms and conditions as the director of finance deems necessary and proper. The director of finance may select and enter into contracts or agreements with the entity or entities providing a support facility; provided that any contract or agreement shall provide, in essence, that any amount due and owing by the county under the contract or agreement on an annual basis shall be subject to annual appropriation by the governing body and any obligation issued or arising pursuant to the terms of the contract or agreement in the form of bonds, notes, or other evidences or indebtedness shall only arise at such time as either:

(1) Moneys or securities have been irrevocably set aside for the full payment of a like principal amount of bonds issued pursuant to this part; or

(2) A like principal amount of the issue or series of bonds to which the support facility relates are held in escrow by the entity or entities providing the support facility. [L 1989, c 80, pt of §2]
Haw. Rev. Stat. § 46-127 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-127
Enforceability; applicability.
Status: in_force

(a) Unless terminated pursuant to section 46-125 or unless canceled pursuant to section 46-130, a development agreement, amended development agreement, or modified development agreement once entered into, shall be enforceable by any party thereto, or their successors in interest, notwithstanding any subsequent change in any applicable law adopted by the county entering into such agreement, which alter or amend the laws, ordinances, resolutions, rules, or policies specified in this part.

(b) All laws, ordinances, resolutions, rules, and policies governing permitted uses of the land that is the subject of the development agreement, including but not limited to uses, density, design, height, size, and building specification of proposed buildings, construction standards and specifications, and water utilization requirements applicable to the development of the property subject to a development agreement, shall be those laws, ordinances, resolutions, rules, regulations, and policies made applicable and in force at the time of execution of the agreement, notwithstanding any subsequent change in any applicable law adopted by the county entering into such agreement, which alter or amend the laws, ordinances, resolutions, rules, or policies specified in this part and such subsequent change shall be void as applied to property subject to such agreement to the extent that it changes any law, ordinance, resolution, rule, or policy which any party to the agreement has agreed to maintain in force as written at the time of execution; provided that a development agreement shall not prevent a government body from requiring the principal from complying with laws, ordinances, resolutions, rules, and policies of general applicability enacted subsequent to the date of the development agreement if they could have been lawfully applied to the property which is the subject of the development agreement at the time of execution of the agreement if the government body finds it necessary to impose the requirements because a failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to the residents' health or safety, or both. [L 1985, c 48, pt of §1]
Haw. Rev. Stat. § 53-85 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-85
Projects to constitute "undertakings"; revenues to include certain federal moneys; imposition of rates and charges.
Status: in_force

In the event of the exercise by a county of the powers granted in this part, each redevelopment project of the county, two or more redevelopment projects of the county if administered as a single project, or all of the redevelopment projects of the county if administered as an entity, shall constitute an undertaking of the county. For all purposes of this part and of chapters 47 and 47C, the term "revenues" shall mean the moneys derived from the rates and charges imposed for the use and services of the undertaking or otherwise derived by the county from its ownership or operation of the undertaking, exclusive of taxes and payments made to the county for services separate and apart from this chapter but inclusive of amounts paid by the federal government for payment, or reimbursement of payment by the county, of costs of operation, maintenance and repair of an undertaking, for payment, or reimbursement of payment by the county, of principal of or interest on bonds issued for an undertaking, or for any other purpose connected with an undertaking.

Whenever and for so long as there shall be outstanding bonds issued by the county under section 53-16 as incorporated in this part or issued under said section by an agency of the county abolished as provided in this part, the county shall impose rates and charges for the use and services of the undertaking, from the revenues derived from which such bonds are payable or for which such bonds were issued, sufficient to pay the costs of operation, maintenance and repair of the undertaking and to pay the principal of and interest on such bonds. The county shall deposit such revenues in a special fund and apply the same to such payments in the amount necessary therefor. [L 1974, c 123, pt of §2]
Haw. Rev. Stat. § 52D-13 — HI Code / Division 1 / Title 6 / Chapter 52D / Section 52D-13
Orders of retention.
Status: in_force

No property shall be sold or delivered under sections 52D-10 to 52D-14 if the chief of police, any county attorney or corporation counsel, or any court directs that it be retained as evidence.
Haw. Rev. Stat. § 46-15.25 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-15.25
Infrastructure dedication; affordable housing.
Status: in_force

(a) Infrastructure for affordable housing shall be deemed dedicated to the county if the county does not accept or reject the request for dedication of infrastructure within sixty days of the receipt by the appropriate county council of a completed application for dedication request; provided that:

(1) Applicable meter and connection fees and utility costs relating to the dedicated infrastructure have been paid;

(2) The dedicated infrastructure conforms to applicable county standards in effect at the time of construction; and

(3) The completion of the improvements comprising a dedicated infrastructure is granted approval by the county.

(b) For the purposes of this section:

"Affordable housing" means housing that is affordable to households with incomes at or below one hundred forty per cent of the median family income as determined by the United States Department of Housing and Urban Development.

"Infrastructure" includes water, drainage, sewer, waste disposal and waste treatment systems, road, and street lighting that connect to the infrastructure of the county. [L 2009, c 142, §2; am L 2010, c 26, §2]
Haw. Rev. Stat. § 53-29 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-29
Minimum amount of stock and debentures.
Status: in_force

Except as provided in this section the stock and income debenture certificates issued by the redevelopment corporation shall in no event be less than the total of ten per cent of the total actual final cost, as defined in [paragraph] (2) of section 53-32, of any project or projects undertaken pursuant to this part. The redevelopment agency may permit stock or income debenture certificates to be issued for working capital to be used in connection with the project to an amount not exceeding five per cent of the estimated cost, or five per cent of the total actual final cost, if that should exceed the estimated cost of a project.
Haw. Rev. Stat. § 52D-3 — HI Code / Division 1 / Title 6 / Chapter 52D / Section 52D-3
Powers and duties of chief of police.
Status: in_force

The chief of police shall have the powers and duties as prescribed by law, the respective county charter, and as provided by this chapter.
Haw. Rev. Stat. § 46-197 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-197
[ §46-197] Grants.
Status: in_force

[ §46-197] Grants. The county system may seek and accept any funds or property and other desirable support and assistance from any source whatsoever, whether gift, grant, services, or any combination thereof, subject to applicable laws.
Haw. Rev. Stat. § 46-19.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-19.5
Energy conservation standards for building design and construction.
Status: in_force

(a) Energy efficiency building standards based on the design requirements for improvements of energy utilization in buildings developed and approved by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Incorporated (ASHRAE 90.1), shall be incorporated by each county into its building code by October24, 1994. The standards shall apply to all buildings, including state buildings; provided that the standards for renovated buildings shall only apply to the renovated system or elements of the building.

(b) The energy efficiency building standards shall not apply to exempted buildings. For the purposes of this section, "exempted building" means:

(1) Any building owned or leased in whole or in part by the United States; and

(2) Any building that is deliberately preserved beyond its normal term of use because of historic significance, architectural interest, or public policy or that qualifies for special historic building code provisions.

For special applications such as hospitals, laboratories, thermally sensitive equipment, computer rooms, and manufacturing and industrial processes, the design concepts and parameters shall conform to the requirements of the application at minimum energy levels, provided that where these special applications are described in the ASHRAE handbook and product directory, applications volume, the criteria described therein shall be used.

(c) The energy efficiency building standards shall be enforced at the time of construction of a new building or at the time of major addition, alteration, or repair of an existing building when the proposed major addition, alteration, or repair must comply with the standards applicable to new buildings under the applicable county building code. No official of the State nor of any county charged with the enforcement of laws or ordinances pertaining to the construction or alteration of buildings or structures shall accept or approve any plan or specification including or pertaining to the design and construction details and standards for a heating or cooling system unless the energy efficiency building standards are met. All such plans and specifications submitted with or in connection with an application for a building or construction permit shall bear the certification by a registered architect or engineer that the plans and specifications comply with the energy efficiency building standards.

(d) At such time as performance standards that address the overall energy performance of buildings are promulgated pursuant to the Energy Conservation Standards for New Buildings Act of 1976, Title III of the Energy Conservation and Production Act, Public Law 94-385, such standards shall be considered for adoption by each county and shall be incorporated into its building code in addition to the standard adopted pursuant to subsection (a) above, as required by federal law. [L 1978, c 133, §1; am L 1994, c 168, §1]
Haw. Rev. Stat. § 46-17 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-17
Regulation of certain public nuisances.
Status: in_force

Any provision of law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating or prohibiting noise, smoke, dust, vibration, or odors which constitute a public nuisance. No such ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that in any case of conflict between a statute or rule and an ordinance, the law affording the most protection to the public shall apply, with the exception that:

(1) An ordinance shall not be effective to the extent that it is inconsistent with any permit for agricultural burning granted by the department of health under authority of chapter 342B, or to the extent that it prohibits, subjects to fine or injunction, or declares to be a public nuisance any agricultural burning conducted in accordance with such a permit; and

(2) An ordinance shall not be effective to the extent that it is inconsistent with any noise rule adopted by the department of health under authority of chapter 342F. [L 1974, c 158, §2; am L 1978, c 120, §1; am L 1994, c 5, §1; am L 1999, c 265, §2]
Haw. Rev. Stat. § 46-12.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-12.5
State beach park lifeguard services.
Status: in_force

Each county may provide lifeguard services for any state beach park where the number of swimmers using the beach may warrant a lifeguard, or where water hazards at the beach present a threat to public safety; provided that the county and the department of land and natural resources shall first mutually agree that those services are necessary for the particular beach.
Haw. Rev. Stat. § 48E-10 — HI Code / Division 1 / Title 6 / Chapter 48E / Section 48E-10
Lien of special purpose revenue bonds.
Status: reserved

(a) Special purpose revenue bonds shall be payable from the revenues derived by the county from payments made to the county under the project agreement or other agreements entered into with respect to the pollution control project, and shall be secured by such revenues and by the pledges and assignments authorized by this chapter.

(b) All special purpose revenue bonds of the same issue shall have a prior and paramount lien on the revenues derived from the project agreement with respect to the pollution control project for which such bonds have been issued, over and ahead of all special purpose revenue bonds of any issue payable from the revenues which may be subsequently issued and over and ahead of any claims or obligations of any nature against the revenues subsequently arising or subsequently incurred but subject to the prior and superior rights of outstanding bonds, claims, or obligations; provided that the right and privilege may be reserved in any ordinance authorizing the issuance of special purpose revenue bonds to subsequently issue additional special purpose revenue bonds, from time to time, payable from the receipts derived from such project agreement on a parity with the special purpose revenue bonds thereby authorized and the subsequently issued special purpose revenue bonds conforming to the reserved right and privilege then shall rank on such parity as to security and source of payment.

(c) All special purpose revenue bonds of the same issue shall be equally and ratably secured without priority by reason of date of sale, date of execution, or date of delivery, by a lien on the receipts in accordance with this chapter and the ordinance authorizing the special purpose revenue bonds. [L 1983, c 237, pt of §2]
Haw. Rev. Stat. § 54-30 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-30
Deposit of money in banks.
Status: in_force

All moneys deposited in the office of the county treasurer belonging to the board of water supply shall be deposited in such manner and upon such provisions and requirements, as provided by chapter 38. The county treasurer and the chairperson of the board shall have the same rights, powers, and duties as devolve upon the State, its director of finance, and the governor, respectively, with respect to state funds so deposited. All interest received by the county treasurer upon moneys belonging to the board shall be credited to the board.
Haw. Rev. Stat. § 46-125 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-125
Periodic review; termination of agreement.
Status: in_force

(a) If, as a result of a periodic review, the designated agency finds and determines that the principal has committed a material breach of the terms or conditions of the agreement, the designated agency shall serve notice in writing, within a reasonable time period after the periodic review, upon the principal setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the principal a reasonable time period in which to cure such material breach.

(b) If the principal fails to cure the material breach within the time period given, then the county unilaterally may terminate or modify the agreement; provided that the designated agency has first given the principal the opportunity, (1) to rebut the finding and determination; or (2) to consent to amend the agreement to meet the concerns of the designated agency with respect to the finding and determination. [L 1985, c 48, pt of §1]
Haw. Rev. Stat. § 46-181 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-181
[ §46-181] Certain actions barred.
Status: in_force

[ §46-181] Certain actions barred. (a) In no event may a person bring an action under this part that is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which a county is already a party.

(b) The court shall dismiss an action or claim under this part, unless opposed by a county, if the allegations or transactions alleged in the action or claim are substantially the same as those publicly disclosed:

(1) In a criminal, civil, or administrative hearing in which a county or its agent is a party;

(2) In a county council or other county report, hearing, audit, or investigation; or

(3) By the news media,

unless the action is brought by the county attorney or the person bringing the action is an original source of the information.

(c) For purposes of this section, "original source" means an individual who:

(1) Prior to public disclosure under subsection (b), has voluntarily disclosed to a county the information on which the allegations or transactions in a claim are based; or

(2) Has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to a county before filing an action under this part. [L 2012, c 294, pt of §1]
Haw. Rev. Stat. § 53-23 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-23
Redevelopment corporations; how created.
Status: in_force

A redevelopment corporation may be created in the manner provided by the general corporation laws with the following additional requirements and special limitations to be included in the articles of association:

(1) The name of the proposed corporation, which name shall include the words "redevelopment corporation" or "redevelopment company."

(2) The purposes for which it is to be formed which shall include the following: To acquire by purchase one or more areas under a plan or plans, and to construct, own, maintain, operate, sell, and convey projects pursuant to the terms and provisions of the Urban Redevelopment Act.

(3) The amount of the capital stock, and if any is preferred stock, the preference thereof.

(4) The number of shares of which the capital shall consist, all of which shall have a par value.

(5) The county and locality therein in which its principal business office is to be located.

(6) Its duration, which shall not be less than thirty-five years.

(7) The number of directors, which shall not be less than three and who need not be stockholders.

(8) The names and post office addresses of the directors for the first year.

(9) The names and post office addresses of the subscribers to the capital stock and a statement of the number of shares of stock which each agrees to take in the redevelopment corporation.

(10) A provision that if income debenture certificates are issued by the redevelopment corporation the owners thereof may be given the same right to vote as they would have if possessed of certificates of stock of the amount and par value of the income debenture certificates held by them. If provision is made for the issuance of income debenture certificates, interest shall be paid by the redevelopment corporation on income debenture certificates only out of net earnings of the corporation that would be applicable to payment of dividends if there were no income debentures.

(11) A provision that, so long as the provisions of this part regulating redevelopment corporations remain applicable to any project of the redevelopment corporation, the real property of the corporation shall not be sold, transferred, leased, mortgaged, assigned, or otherwise disposed of, except as permitted by the terms and provisions of this part.

(12) A declaration that the redevelopment corporation has been organized to serve a public purpose and that it shall be and remain subject to the supervision and control of the agency except as provided in this part, so long as the provisions of this part regulating redevelopment corporations remain applicable to any project of the redevelopment corporation; that all real and personal property acquired by it and all structures erected by it, shall be deemed to be acquired or created for the promotion of the purposes of this part.

(13) A declaration that, after providing for all expenses, taxes, and assessments, there shall be paid annually out of the earnings of the redevelopment corporation, after providing for all expenses, taxes, assessments, and depreciation on improvements, or, in the case of a lease, for amortization, a sum equal to but not exceeding eight per cent of the total actual final cost of the projects as defined by [paragraph] (2) of section 53-32; that the obligation in respect of the payments shall be cumulative, and any deficiency in interest, amortization, depreciation, and dividends in any year shall be paid from the first available earnings in subsequent years; and that any cash surplus derived from earnings remaining in the treasury of the redevelopment corporation in excess of the amount necessary to provide the cumulative annual sums shall, upon dissolution of the corporation, be paid into the redevelopment fund of the agency.

(14) A declaration that, upon the dissolution of the corporation pursuant to subsection (a) of section 53-36, the property may be conveyed in fee as provided in the subsection.

(15) A declaration that mortgage indebtedness, income debenture certificates, and stock of the redevelopment corporation may be retired if, as, and when there shall be funds available for amortization purposes in the treasury of the redevelopment corporation. [L 1949, c 379, §6; am L 1951, c 244, §5; am L 1955, c 271, §1(k), (l); RL 1955, §143-22; HRS §53-23; am L 1983, c 167, §17; am L 1985, c 270, §4]
Haw. Rev. Stat. § 54-17 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-17
Outstanding obligations.
Status: in_force

All outstanding obligations in connection with the operation of the waterworks shall be paid by the board of water supply out of waterworks funds.
Haw. Rev. Stat. § 52D-11 — HI Code / Division 1 / Title 6 / Chapter 52D / Section 52D-11
Reports by common carriers and court clerks.
Status: in_force

All property held by common carriers, subject to section 490:7-308, and by clerks of the court, subject to section 606-4, shall be reported by the common carriers or clerks of the court, in June and December of each year, to the chief of police of the county in which the property is held.