Haw. Rev. Stat. § 46-10 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-10
County bands; travel.
Status: in_force

The county council or city council of any county having a county band may authorize its band to travel to any other county or abroad for the purpose of creating goodwill. Notwithstanding any law to the contrary, county bands are authorized to receive donations from private persons or entities for travel expenses, or to have said expenses underwritten by private persons or entities, or the band itself may raise funds by engaging in fund-raising activities, provided that such fund-raising activities shall be done after regular working hours, and provided further that admission fees may be charged wherever or whenever the band is performing.
Haw. Rev. Stat. § 46-75 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-75
Improvement bonds exempt from taxation.
Status: in_force

All bonds issued by any of the counties of the State for improvements by assessments, and the interest thereon, shall be exempt from all state, county, and municipal taxation, except inheritance, transfer, and estate taxes.
Haw. Rev. Stat. § 46-124 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-124
Negotiating development agreements.
Status: in_force

The mayor or the designated agency appointed to administer development agreements may make such arrangements as may be necessary or proper to enter into development agreements, including negotiating and drafting individual development agreements; provided that the county has adopted an ordinance pursuant to section 46-123.

The final draft of each individual development agreement shall be presented to the county legislative body for approval or modification prior to execution. To be binding on the county, a development agreement must be approved by the county legislative body and executed by the mayor on behalf of the county. County legislative approval shall be by resolution adopted by a majority of the membership of the county legislative body. [L 1985, c 48, pt of §1]
Haw. Rev. Stat. § 53-9 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-9
Work on acquired areas; competitive contracts.
Status: in_force

The redevelopment agency may, by letting of contracts therefor, or by using its own employees, clear the acquired areas and maintain and repair or rehabilitate, but not reconstruct or enlarge, any structure (except structures to be held and used by the government for public purposes); provided that any work, the estimated cost of which is in excess of $1,000, shall be let only in accordance with chapter 103D.
Haw. Rev. Stat. § 46-20 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-20
Regulation of sewerage and wastewater treatment systems.
Status: in_force

Effective July1, 1987, counties may implement programs for the regulation of sewerage and wastewater treatment systems in their respective county jurisdictions; except that a county program shall be implemented by that county immediately upon receipt of state funds pursuant to section 27-21.6(5). Each county is authorized to adopt ordinances and rules on the design, construction, and operation of sewerage and treatment systems and shall submit to the director of health, for approval, a full and complete description of the program it proposes to establish and administer under county laws.
Haw. Rev. Stat. § 49-16 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-16
Revenue bonds legal investments.
Status: in_force

All public officers and bodies of the State, all political subdivisions, all insurance companies and associations, all banks, savings banks, and savings institutions, including building or savings and loan associations, all credit unions, all trust companies, all personal representatives, guardians, trustees, and all other persons and fiduciaries in the State who are regulated by law as to the character of their investment, may legally invest funds within their control and available for investment in revenue bonds of the county. The purpose of this section is to authorize any persons, firms, corporations, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them, including (without prejudice to the generality of the foregoing), sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any revenue bonds of the county.
Haw. Rev. Stat. § 46-8 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-8
State and county co-sponsorship of programs.
Status: in_force

The governor may enter into agreements with the council of any county providing for the co-sponsorship and joint development and maintenance of programs and projects, within and for the county, which have been authorized by the legislature or for which moneys have been appropriated by the legislature.
Haw. Rev. Stat. § 46-6.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-6.5
Public access.
Status: in_force

(a) Each county shall adopt ordinances which shall require a subdivider or developer, as a condition precedent to final approval of a subdivision, in cases where public access is not already provided, to dedicate land for public access by right-of-way or easement for pedestrian travel from a public highway or public streets to the land below the high-water mark on any coastal shoreline, and to dedicate land for public access by right of way from a public highway to areas in the mountains where there are existing facilities for hiking, hunting, fruit-picking, ti-leaf sliding, and other recreational purposes, and where there are existing mountain trails.

(b) These ordinances shall be adopted within one year of May22, 1973.

(c) Upon the dedication of land for a right-of-way, as required by this section and acceptance by the county, the county concerned shall thereafter assume the cost of improvements for and the maintenance of the right-of-way, and the subdivider shall accordingly be relieved from such costs.

(d) For the purposes of this section, "subdivision" means any land which is divided or is proposed to be divided for the purpose of disposition into six or more lots, parcels, units, or interests and also includes any land whether contiguous or not, if six or more lots are offered as part of a common promotional plan of advertising and sale.

(e) The right-of-way shall be clearly designated on the final map of the subdivision or development.

(f) This section shall apply to the plan of any subdivision or development which has not been approved by the respective counties prior to July1, 1973. [L 1973, c 143, §2]

Revision Note

"May22, 1973" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 48-4 — HI Code / Division 1 / Title 6 / Chapter 48 / Section 48-4
Procedure.
Status: in_force

Within thirty days after a political subdivision files a petition, completed in accordance with the rules and regulations authorized by section 48-2, the department of business, economic development, and tourism shall upon due notice hold a hearing upon the petition. The department shall reasonably expedite the hearing and shall advise the petitioning political subdivision of its decision within thirty days of the adjournment of a hearing. If the department approves the petition, a certificate of convenience and necessity shall be issued forthwith. Failure of the department to advise the petitioning political subdivision of its decision within thirty days of the conclusion of the hearing shall constitute approval of the petition, and the political subdivision shall be entitled to receive such certificate. Decisions of the department shall be reviewable as provided by chapter 91.

A certificate of convenience and necessity issued as provided by this chapter shall expire twelve months from the date of its issuance, provided that upon written application by the political subdivision to the department, the department in its discretion may extend the expiration date of the certificate. [L 1964, c 58, pt of §2; Supp, §140A-5; HRS §48-4; am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 46-19 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-19
Development of alternative energy resources.
Status: in_force

Each of the counties may participate in the development of alternative energy resources defined as geothermal, solar, wind, ocean power, biomass and solid wastes in joint venture with an end user or public utility pursuant to a plan for the direct utilization of the energy sources by an end user or public utility; provided that should a joint-venture partner not be available the counties may proceed with the development of alternate energy resources for their own consumption or for the furtherance of a plan for direct utilization by an end user or public utility.
Haw. Rev. Stat. § 46-15.9 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-15.9
Traffic regulation; repair and maintenance; public right to use public streets, roads, or highways whose ownership is in dispute.
Status: in_force

(a) Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic laws and shall enforce chapters 249; 286; 287; 291; 291C; 291E; 431, articles 10C and 10G; and 486, part III on public streets, roads, or highways whose ownership is in dispute between the State and the county.

(b) Any provision of the law to the contrary notwithstanding, any county and its authorized personnel may repair or maintain, in whole or in part, public streets, roads, or highways whose ownership is in dispute between the State and the county.

(c) No presumption that a county owns a particular street, road, or highway shall arise as a result of the county's performance of the activities allowed by subsection (a) or (b).

(d) The general public shall have the unrestricted right to use public streets, roads, or highways whose ownership is in dispute between the State and the county to access the shoreline and other public recreational areas; provided that this subsection shall not apply to any private street, road, or highway whose ownership is in dispute.

(e) As used in this section:

"Public recreational area" means coastal and inland recreational areas, including beaches, shores, public parks, public lands, public trails, and bodies of water opened to the public for recreational use. [L 2008, c 56, §2; am L 2010, c 153, §1]
Haw. Rev. Stat. § 46-35 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-35
Firefighters, counsel for.
Status: in_force

Whenever any firefighter is prosecuted for any crime for acts done in the performance of the firefighter's duty as a firefighter, or any traffic violation while in the course of operating any firefighting apparatus or other authorized emergency vehicle of the fire department, or sued in any civil cause for acts done in the performance of the firefighter's duty as a firefighter, the firefighter shall be represented and defended,

(1) In the criminal and traffic violations proceedings by an attorney to be employed and paid by the council, and

(2) In the civil case by the corporation counsel or county attorney, as the case may be. [L 1970, c 178, §1; am L 1983, c 124, §15; gen ch 1985]
Haw. Rev. Stat. § 54-53 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-53
Organization and meetings.
Status: in_force

As soon as may be after January1 of each year, the board of water supply shall meet for the purpose of organization. The board shall thereafter hold regular public meetings at a designated time and place. The board may adopt such rules and regulations as it may consider necessary for the conduct of its business and the regulation of matters herein committed to its charge. A majority of the board shall constitute a quorum for the transaction of business; provided that the affirmative vote of at least four members of the board shall be necessary to validate any action of the board.
Haw. Rev. Stat. § 46-80 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-80
Improvement by assessment; financing.
Status: in_force

Any county having a charter may enact an ordinance, and may amend the same from time to time, providing for the making and financing of improvement districts in the county, and the improvements may be made and financed under the ordinance. The county may issue and sell bonds to provide funds for the improvements. Bonds issued to provide funds for the improvements may be either bonds when the only security therefor is the properties benefited or improved or the assessments thereon or bonds payable from taxes or secured by the taxing power of the county. If the bonds are secured only by the properties benefited or improved or the assessments thereon, the bonds shall be issued according and subject to the provisions of the ordinance. If the bonds are payable from taxes or secured by the taxing power, the bonds shall be issued according and subject to chapter 47. Except as is otherwise provided in section 46-80.1, in assessing land for improvements a county shall assess the land within an improvement district according to the special benefits conferred upon the land by the special improvement; these methods include assessment on a frontage basis or according to the area of land within an improvement district, or any other assessment method that assesses the land according to the special benefit conferred, or any combination thereof.
Haw. Rev. Stat. § 48E-11 — HI Code / Division 1 / Title 6 / Chapter 48E / Section 48E-11
Special purpose revenue bonds not a general obligation of county.
Status: in_force

No holder or holders of any special purpose revenue bonds issued under this chapter shall ever have the right to compel any exercise of taxing power of the county to pay such bonds or the interest thereon. No special purpose revenue bond shall be secured, directly or indirectly, by the general credit of the county or by any revenues or taxes of the county, other than receipts derived from the project agreement with respect to the pollution control project for which such bonds have been issued or from any security for such project agreement, and no moneys other than such receipts shall be applied to the payment thereof. Each special purpose revenue bond issued under this chapter shall recite in substance that such bond, including interest thereon, is not a general obligation of the county and is payable from the receipts pledged to the payment thereof, and that such bond is not secured directly or indirectly by the full faith and credit or the general credit of the county or by any revenues or taxes of the county other than the revenues specifically pledged thereto.
Haw. Rev. Stat. § 46-65.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-65.5
Exchange of park property.
Status: in_force

The counties may accept from or transfer to the State, park lands, which may include related improvements, personnel, equipment, and functions.
Haw. Rev. Stat. § 54-57 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-57
Construction, additions, extensions, increases, betterments, and improvements.
Status: in_force

The board of water supply shall locate and determine the character and type of all construction and additions, extensions, increases, betterments, and improvements to waterworks and water systems, and shall determine the policy for the construction or the making of such additions, extensions, increases, betterments, and improvements out of public funds under its jurisdiction.
Haw. Rev. Stat. § 46-2 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-2
Publication or advertising of ordinances, amendments, resolutions, and bills.
Status: in_force

Notwithstanding any other provisions of law to the contrary, whenever any law requires the publication or advertisement of ordinances, amendments, resolutions, or bills, the publication or advertisement shall be in a newspaper of general circulation within the county concerned, and need not be in a daily newspaper.
Haw. Rev. Stat. § 54-33 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-33
Rules and regulations.
Status: in_force

The board of water supply may make and from time to time alter, amend, and repeal rules and regulations relating to the management, control, operation, preservation, and protection of the waterworks of the county. The rules and regulations shall have the force and effect of law.
Haw. Rev. Stat. § 46-53 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-53
Loans to the State.
Status: in_force

When there are county moneys which in the judgment of the county director of finance are in excess of the amounts necessary for the immediate county requirements, the county director of finance may, with the approval of the director's council, make temporary loans therefrom to the State if in the director's judgment the action will not impede or hamper the necessary financial operations of the county. The loans to the State may be made without interest, or at such rates of interest, and upon such other terms and conditions, as may be agreed upon between the county director of finance, and the state director of finance and as may be approved by the council and the governor. The loans shall be made only upon the request of the state director of finance, approved by the governor, and they shall be repayable upon the demand of the county director of finance.
Haw. Rev. Stat. § 46-142 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-142
Authority to impose impact fees; enactment of ordinances required.
Status: in_force

(a) Impact fees may be assessed, imposed, levied, and collected by:

(1) Any county for any development, or portion thereof, not involving water supply or service; or

(2) Any board for any development, or portion thereof, involving water supply or service;

provided that the county enacts appropriate impact fee ordinances or the board adopts rules to effectuate the imposition and collection of the fees within their respective jurisdictions.

(b) Except for any ordinance governing impact fees enacted before July 1, 1993, impact fees may be imposed only for those types of public facility capital improvements specifically identified in a county comprehensive plan or a facility needs assessment study. The plan or study shall specify the service standards for each type of facility subject to an impact fee; provided that the standards shall apply equally to existing and new public facilities. [L 1992, c 282, pt of §2; am L 1996, c 175, §1; am L 2001, c 235, §2]
Haw. Rev. Stat. § 46-16.8 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-16.8
County surcharge on state tax.
Status: repealed

[Section repealed December 31, 2030. L Sp 2017, c 1, §6.] (a) Each county may establish a surcharge on state tax at the rates enumerated in sections 237-8.6 and 238-2.6. A county electing to establish this surcharge shall do so by ordinance; provided that:

(1) No ordinance shall be adopted until the county has conducted a public hearing on the proposed ordinance;

(2) The ordinance shall be adopted before December 31, 2005; and

(3) No county surcharge on state tax that may be authorized under this subsection shall be levied before January 1, 2007, or after December 31, 2022, unless extended pursuant to subsection (b).

Notice of the public hearing required under paragraph (1) shall be published in a newspaper of general circulation within the county at least twice within a period of thirty days immediately preceding the date of the hearing.

A county electing to exercise the authority granted under this subsection shall notify the director of taxation within ten days after the county has adopted a surcharge on state tax ordinance and, beginning no earlier than January 1, 2007, the director of taxation shall levy, assess, collect, and otherwise administer the county surcharge on state tax.

(b) Each county that has established a surcharge on state tax before July 1, 2015, under authority of subsection (a) may extend the surcharge until December 31, 2030, at the same rates. A county electing to extend this surcharge shall do so by ordinance; provided that:

(1) No ordinance shall be adopted until the county has conducted a public hearing on the proposed ordinance; and

(2) The ordinance shall be adopted before January 1, 2018.

A county electing to exercise the authority granted under this subsection shall notify the director of taxation within ten days after the county has adopted an ordinance extending the surcharge on state tax. The director of taxation shall levy, assess, collect, and otherwise administer the extended surcharge on state tax.

(c) Each county that has not established a surcharge pursuant to subsection (a) on state tax before July 1, 2015, may establish the surcharge at the rates enumerated in sections 237-8.6 and 238-2.6. A county electing to establish this surcharge shall do so by ordinance; provided that:

(1) No ordinance shall be adopted until the county has conducted a public hearing on the proposed ordinance;

(2) The ordinance shall be adopted before December 31, 2023; and

(3) No county surcharge on state tax that may be authorized under this subsection shall be levied before January 1, 2019, or after December 31, 2030.

A county electing to exercise the authority granted under this subsection shall notify the director of taxation within ten days after the county has adopted a surcharge on state tax ordinance. Beginning on January 1, 2019, January 1, 2020, January 1, 2024, or January 1, 2025, as applicable pursuant to sections 237-8.6 and 238-2.6, the director of taxation shall levy, assess, collect, and otherwise administer the county surcharge on state tax.

(d) Each county that has established a surcharge on state tax before March 31, 2019, under subsection (a) or (c) may amend the surcharge ordinance to change the authorized uses of surcharge revenues, pursuant to subsection (g); provided that:

(1) No ordinance shall be amended pursuant to this section until the county has conducted a public hearing on the proposed amendment; and

(2) The ordinance shall be amended before December 31, 2023.

(e) Notice of the public hearing required under subsection (b), (c), or (d), before adoption or amendment of an ordinance establishing or extending the surcharge on state tax shall be published in a newspaper of general circulation within the county at least twice within a period of thirty days immediately preceding the date of the hearing.

(f) Each county with a population greater than five hundred thousand that adopts or extends a county surcharge on state tax ordinance pursuant to subsection (a) or (b) shall use the surcharge revenues received from the State for capital costs of a locally preferred alternative for a mass transit project; provided that revenues derived from the county surcharge on state tax shall not be used:

(1) To build or repair public roads or highways, bicycle paths, or support public transportation systems already in existence before July 12, 2005;

(2) For operating costs or maintenance costs of the mass transit project or any purpose not consistent with this subsection; or

(3) For administrative or operating, marketing, or maintenance costs, including personnel costs, of a rapid transportation authority charged with the responsibility for constructing, operating, or maintaining the mass transit project;

provided further that nothing in this section shall be construed to prohibit a county from using county funds that are not derived from a surcharge on state tax for a purpose described in paragraph (2) or (3).

(g) Each county having a population equal to or less than five hundred thousand that adopts a county surcharge on state tax ordinance pursuant to this section shall use the surcharges received from the State for:

(1) Operating or capital costs of public transportation within each county for public transportation systems, including:

(A) Public roadways or highways;

(B) Public buses;

(C) Trains;

(D) Ferries;

(E) Pedestrian paths or sidewalks; or

(F) Bicycle paths;

(2) Expenses in complying with the Americans with Disabilities Act of 1990 with respect to paragraph (1); and

(3) Housing infrastructure costs; provided that a county that uses surcharge revenues for housing infrastructure shall not pass on those housing infrastructure costs to the developer of a housing project; provided further that this paragraph shall apply only if a county amended its surcharge ordinance pursuant to subsection (d) or adopts a county surcharge on state tax ordinance after December 31, 2022;

provided that each county having a population equal to or less than five hundred thousand that adopts a county surcharge on state tax ordinance pursuant to this section after December 31, 2022, shall use the surcharge revenues received from the State only for the purposes described in paragraph (3) for county-appropriated housing infrastructure costs.

(h) As used in this section:

"Capital costs" means nonrecurring costs required to construct a transit facility or system, including debt service, costs of land acquisition and development, acquiring of rights-of-way, planning, design, and construction, and including equipping and furnishing the facility or system. For a county with a population greater than five hundred thousand, capital costs also include non-recurring personal services and other overhead costs that are not intended to continue after completion of construction of the minimum operable segment of the locally preferred alternative for a mass transit project.

"Housing infrastructure costs" includes pedestrian paths or sidewalks on a county road near or around a public school, and water, drainage, sewer, water reuse, waste disposal, and waste treatment systems that connect to the infrastructure of the county and shall include financing costs, including any related debt service and financing agreement costs. [L 2005, c 247, §§2, 9; am L 2015, c 240, §§3, 7; am L Sp 2017, c 1, §§2, 7; am L 2018, c 11, §1; am L 2023, c 48, §2; am L 2024, c 30, §1]

Revision Note

"July 12, 2005" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 46-90 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-90
Expedited permits; single-family and multi-family housing project permit applications; review time eligibility.
Status: repealed

[Section effective July 1, 2026.] [Section repealed June 30, 2031. L 2025, c 295, §4.] (a) Permit applications for single-family and multi-family housing projects in each county shall be eligible for an expedited permit approval pursuant to this section.

(b) An applicant or the applicant's agent may submit a request to the county for an expedited permit if sixty business days have lapsed after the application was considered complete by the relevant agency and the application has not received full approval by the county. The request by the applicant or the applicant's agent shall include:

(1) A full and complete set of plans;

(2) Statements or evidence from the relevant permitting agencies that adequate infrastructure capacity is available to service the project site and specified improvements;

(3) The following information from all licensed professionals on record:

(A) Policies of insurance that:

(i) Name the State and county as additional insurers;

(ii) Are in amounts equivalent to at least $2,000,000; and

(iii) Specifically allow coverage for the completed project for the period under section 657-8; and

(B) A statement that indemnifies and holds harmless the State, its officers, agents, and employees and the county, its officers, agents, and employees;

(4) A statement that sixty business days have lapsed without approval since the application would have been considered complete by the relevant agency; and

(5) The required county contractor's statement.

(c) For the purposes of subsection (b), applications shall only be considered complete if:

(1) Either:

(A) Qualified professionals who meet state historic preservation division rules governing professional qualifications for architecture, archaeology, architectural history, or physical anthropology have made a reasonable and good-faith determination that the project does not have the potential to affect historic properties, archaeological resources, or burial sites; or

(B) The project has been submitted to the state historic preservation division of the department of land and natural resources and the chapter 6E process has been completed, including for those situations in which the county professional described in subparagraph (A) determines that the project may have the potential to affect historic properties, archaeological resources, or burial sites;

(2) The applicant submits documentation evidencing that the proposed project does not encroach on special flood hazard areas identified as "A" or "V" zones on the Federal Emergency Management Agency's Flood Insurance Rate Maps, or the applicable county official has reviewed the proposed project for floodplain management compliance and has issued a development permit for construction;

(3) The project is not higher than thirty feet;

(4) The project is not situated on a shoreline parcel or a parcel that is impacted by waves, storm waves, high tide, or shoreline erosion and is in compliance with all laws, rules, and procedures pursuant to chapter 205A;

(5) All plans and specifications submitted to a county have been stamped by a duly licensed structural, civil, electrical, or mechanical engineer and licensed professional, as applicable, certifying compliance with the applicable building codes for the respective county; and

(6) Any other administrative criteria that the county deems necessary to carry out the purpose of this section.

If the county determines that the application is not complete, the county shall notify the applicant and specify the information needed to meet the requirements for complete submittal under this subsection.

(d) For applications under section 444-2.5, the owner listed on the application shall instead execute a waiver of all claims against the State and county and execute a statement that indemnifies and holds harmless the State, its officers, agents, and employees and the county, its officers, agents, and employees in lieu of subsection (b)(3). All expedited approval requests by the applicant shall be reviewed for completeness by the county within five days of submittal. For building permits that apply for and meet the criteria for an expedited permit, the county shall execute an agreement with the licensed professional on record as assuming approval and oversight responsibility for the permit application. Upon completion of the agreement, the county shall consider the application approved by the licensed professional, issue an expedited permit, and the applicant may proceed with construction.

(e) After approval, the licensed professional on record or county shall ensure that the project construction is in compliance with the approved plans under the expedited permit, including but not limited to the requirements under chapter 6E and all applicable ordinances regarding land use, set-back, height, and site development requirements for the project site. State and county inspectors shall not be precluded from entering and inspecting project sites with expedited permits. Licensed professionals and contractors shall address any defects in construction identified by state or county inspectors; provided that the defects in construction are consistent with the specifications in the approved plans. If the defects are not consistent with the approved plans, the licensed professional shall note the disagreement and assume review responsibility as the approving authority or initiate a change to the plans to address the defect. Consistent with the requirements and time periods established by each county, all licensed contractors and the licensed professional or the licensed contractors' or licensed professional's successor agents shall maintain a record of inspected structural, civil, plumbing, and electrical systems after a certificate of occupancy is issued and provide a copy of that record to the applicant and the county.

(f) Upon completion of construction, the licensed professional shall certify in writing to the county that a certificate of occupancy is warranted and all laws, rules, ordinances, and conditions governing permitted construction have been met, along with any necessary as-built drawings consistent with the requirements of each county. The county shall issue the certificate to the applicant and may notate that the certificate is approved by the licensed professional under an agreement pursuant to an expedited permit, and not a county official.

(g) Each county may adopt rules pursuant to chapter 91 to effectuate the purposes of this section and charge any necessary fees, including defining what constitutes the sixty-day period, which may exclude any time spent awaiting substantive responses or revisions from the applicant necessary to address comments issued during the review process.

(h) Nothing in this section shall be construed to allow any violation of federal, state, or county laws, rules, or ordinances. The issuance of a certificate of occupancy shall not be construed to limit or repeal any powers of any county to enforce violations of any law, ordinance, or rule. [L 2025, c 295, §2]
Haw. Rev. Stat. § 54-62 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-62
Disbursement of funds.
Status: in_force

All moneys expended by the board of water supply pursuant to this part shall be disbursed by the county treasurer on vouchers signed by the chairperson or acting chairperson of the board.
Haw. Rev. Stat. § 46-76 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-76
Location of utility facilities in improvement districts.
Status: in_force

Notwithstanding any provision of law to the contrary, whenever any public improvement is established, constructed, improved, or altered pursuant to the improvement by assessment statutes or ordinances, and in conjunction therewith it is necessary to provide for the installation or require the removal, relocation, replacement, or reconstruction of public utility facilities that are privately owned, the respective legislative bodies of the counties shall determine whether the whole or a portion of such utility facilities shall be located overhead or underground. Where it is decided that the whole or a portion of the utility facilities shall be relocated, replaced or reconstructed, which installation shall constitute a public improvement, the respective legislative bodies of the counties shall determine what portion of the costs of the installation or the removal, relocation, replacement, or reconstruction of the utility facilities required shall be borne by the utility companies, counties and the properties specially benefited within the improvement district; provided that such costs borne by the counties and the utility companies shall be paid in a lump sum, that the portion of the costs to be borne by the utility companies shall be the same percentage of the total relocation cost for each utility company required to remove, relocate, replace or reconstruct its facilities within the improvement district and the costs that are allocated against the properties specially benefited in the improvement district shall be assessed and paid for in accordance with the provisions of the improvement by assessment statutes or ordinances; provided further that the counties may issue bonds under any applicable laws to pay their share of such costs and the costs allocated against the properties specially benefited may be financed under any applicable laws as are other special assessments against specially benefited property.

The foregoing provisions shall not be applicable to the subdivision of lands which require the installation of utility facilities in new streets established by the subdivision and which subdivision is initiated, created or made by a private developer. [L 1968, c 73, §3; am L 1985, c 201, §1]
Haw. Rev. Stat. § 53-4 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-4
Removal of members.
Status: in_force

Any member of a redevelopment agency may be removed for any inefficiency, neglect of duty, or misconduct in office by the mayor with the approval of the council.
Haw. Rev. Stat. § 46-1.8 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-1.8
Reciprocal supplying of tax information.
Status: in_force

Notwithstanding any other law to the contrary, a tax official of any county of the State may disclose any records relating to the administration of real property taxes to any duly accredited tax official of the State for tax purposes. [L Sp 2005, c 9, §2]

Revision Note

Section was enacted as an addition to chapter 246A but is renumbered to this chapter pursuant to §23G-15.
Haw. Rev. Stat. § 46-4.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-4.5
Ordinances establishing historical, cultural, and scenic districts.
Status: in_force

No ordinance to establish a historical, cultural, and scenic district around the environs of the Hawaii state capitol shall be valid unless the requirements and objectives in creating such a district and the criteria and procedure to determine whether a proposed improvement would in fact accomplish such objectives and requirements are first approved by the governor of the State; provided further that the State need not conform to any decision relating to any state property within such district if it determines that such decision is not in conformance to the criteria and procedures previously approved or that such decision cannot be accomplished because of funding limitations.

No requirement under any existing ordinance relating to the construction, alteration, repair, relocation or demolition of any structure within any historical, cultural, and scenic district of which the Hawaii state capitol is a part shall be effective as to any state property until the objectives and requirements and the criteria and procedures required by this section have been approved by the governor of the State. [L 1973, c 215, §§1, 2]
Haw. Rev. Stat. § 54-24 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-24
Operating expenses, reserves, and appropriations.
Status: in_force

All receipts of the board of water supply other than from the sale of bonds shall be deposited daily in a bank by the board and the sums so deposited shall be accounted for and be paid into the county treasury at the end of each month and maintained in a special fund. The board may make appropriations and allowances from the fund for the following purposes:

(1) For the payment of the operating and maintenance expenses of the waterworks;

(2) For repairs, replacements, additions, and extensions;

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

(4) For payment of interest and sinking funds on all bonds issued for the acquisition or construction of the waterworks and extensions thereto and for the reserve fund. [L 1961, c 155, pt of §1; Supp, §145A-14; HRS §54-24]
Haw. Rev. Stat. § 49-20 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-20
Refunding revenue bonds.
Status: in_force

Whenever the county has any outstanding revenue bonds or general obligation bonds issued for an undertaking or loan program pursuant to section 47-4, and the governing body determines that it will be financially sound and advantageous to the county to refund the outstanding revenue bonds or general obligation bonds, the governing body shall have the power to provide for the issuance of refunding revenue bonds with which to provide for the payment of the outstanding bonds or any part thereof at or before the maturity or redemption date thereof, with the right to include various series and issues of the outstanding bonds in a single issue of refunding revenue bonds and to pay any redemption premium and interest to accrue and become payable on the outstanding bonds being refunded and to establish reserves for the refunding revenue bonds and partly for the construction or acquisition of improvements and additions to and extensions of the undertaking for the construction or acquisition of which the outstanding bonds were issued or in the case of a loan program partly to extend the loan program.

The refunding revenue bonds shall be payable solely from and secured by the revenue of the loan program or undertaking financed from the proceeds of the bonds being refunded, or the user taxes derived with respect to such undertaking, or a combination of both, and shall be a valid claim only as against that revenue, or user taxes, or combination of both. Refunding revenue bonds issued for the purpose of establishing and administering a loan program may also be secured by a pledge of all or a portion of undertakings, mortgages, and other obligations held by the department as security for a loan made under the program. The interest rate or rates of the refunding revenue bonds shall not be limited by the interest rate or rates borne by any of the revenue bonds to be refunded thereby. The refunding revenue bonds, in the discretion of the governing body, may be exchanged at par for the bonds which are being refunded or may be sold in the manner provided in this chapter for revenue bonds, as the governing body shall deem for the best interests of the county. The refunding revenue bonds may be issued and delivered at any time prior to the date of maturity or redemption date of the bonds to be refunded that the governing body determines to be in the best interest of the county. The refunding revenue bonds, except as specifically provided in this section, shall be issued in accordance with this chapter. Pending the time the proceeds derived from the sale of refunding revenue bonds issued hereunder are required for the purposes for which they were issued, the proceeds, upon authorization or approval of the governing body, may be invested 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 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, and to further secure the refunding revenue bonds, or the revenue bonds being refunded, or both, the county may enter into a contract with any bank or trust company, within or without the State, with respect to the safekeeping and application of the proceeds of the refunding revenue bonds, and the safekeeping and application of the earnings of the investment. All bonds so refunded and redeemed by the issue and sale or issue and exchange of refunding revenue bonds shall be canceled.

Nothing in this section shall require or be deemed to require the county to elect to redeem or prepay bonds being refunded, or to redeem or prepay revenue bonds being refunded which were issued in the form customarily known as term bonds in accordance with any sinking fund installment schedule specified in any proceedings authorizing the issuance thereof, or, in the event the county elects to redeem or prepay any such bonds, to redeem or prepay as of any particular date or dates. The determination of the county with respect to the financial soundness and advantage of the issuance and delivery of refunding revenue bonds authorized hereby when approved by the governing body shall be conclusive, but nothing in this section shall require the holders of any outstanding revenue bonds being refunded to accept payment thereof otherwise than as provided in the revenue bonds to be refunded. [L 1989, c 80, pt of §3]
Haw. Rev. Stat. § 46-198 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-198
[ §46-198] Immunity and limitation on liability for emergency aeromedical services.
Status: in_force

[ §46-198] Immunity and limitation on liability for emergency aeromedical services. The county shall not be liable for any claim of injury or death based on a failure to establish or continue emergency aeromedical services in any part of the county.
Haw. Rev. Stat. § 48E-18 — HI Code / Division 1 / Title 6 / Chapter 48E / Section 48E-18
Special purpose revenue bonds as legal investments and lawful security.
Status: in_force

The special purpose revenue bonds issued pursuant to this chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, credit unions, fiduciaries, trustees, guardians, and for all public funds of the State or other political corporations or subdivisions of the State. Such special purpose revenue bonds shall be eligible to secure the deposit of any and all public funds of the State and any and all public funds of counties or other political corporations or subdivisions of the State, and such bonds shall be lawful and sufficient security for such deposits to the extent of their value when accompanied by all unmatured coupons appertaining thereto.
Haw. Rev. Stat. § 46-15.7 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-15.7
Concurrent processing.
Status: in_force

When amendments to a county community or development plan, a county zoning map, or any combination of the two, are necessary to permit the development of a housing project, requests for amendments to these plans and zoning maps shall be allowed, if accepted for processing by the county, to be processed concurrently at the request of the applicant. In addition, upon the request of the applicant, these plan and zoning map amendment requests may be processed concurrently with any request to the state land use commission for the redesignation of lands which would permit the development of the housing project.

For the purposes of this section:

"County community or development plan" means a relatively detailed plan for an area or region within a county to implement the objectives and policies of a county general plan.

"Housing project" means a plan, design, or undertaking for the development of single- or multi-family housing, including any affordable housing component which may be required by the county council. A housing project may also include ancillary uses such as commercial and industrial uses which are an integral part of the development. [L 1994, c 262, §1]
Haw. Rev. Stat. § 49-22 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-22
Consent of another county.
Status: in_force

No county shall construct an undertaking or administer a loan program wholly or partly within the corporate limits of another county except with the consent of the governing body of the other county.
Haw. Rev. Stat. § 53-6 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-6
Initiation and approval of redevelopment plan.
Status: in_force

(a) Before adopting a redevelopment plan, the redevelopment agency shall be assured that satisfactory housing facilities are available or that reasonable provisions will be made for the temporary housing of individuals and families displaced by the removal of living facilities from the redevelopment project. In making the determination the agency may confer with the Hawaii public housing authority with respect to the possible placement of displaced families in projects owned and operated by the authority.

(b) The agency shall submit the redevelopment plan to the planning commission for study and approval thereof. The planning commission may approve, amend and approve, or disapprove the plan. If the planning commission disapproves the plan or amends the plan and the amendment is not approved by the agency, the agency may submit the plan as disapproved or amended to the council which may nevertheless approve or amend and approve the plan by resolution, but only by the affirmative vote of at least five of its members, after holding a public hearing and subject to the procedure set forth in the next paragraph.

After the planning commission has approved a redevelopment plan, and upon acceptance thereof by the agency if amended, the agency shall submit the plan to the council which shall hold a public hearing thereon, after giving published notice thereof on three separate days, the first publication to be at least ten days before the date of the hearings, and may approve, amend and approve, or disapprove the plan by resolution; provided that the council shall not approve, or amend and approve, the plan unless it finds that the redevelopment project area is a blighted area within the urban limits of the county; and provided further that any amendment made by the council must be accepted by the agency before final approval by the council. If the council approves a redevelopment plan, published notice of the approval shall be given by at least three publications and further proceedings with respect to the redevelopment project covered by the plan shall be stayed for a period of thirty days after the first publication of the notice. Actions, suits, or proceedings to contest the validity of the proceedings prescribed by the foregoing provisions of this chapter or of the redevelopment plan shall be barred upon the expiration of the period of thirty days, and no action thereafter commenced shall raise any question concerning the validity of the proceedings provided by the foregoing provisions of this chapter or of the redevelopment plan, and in all actions, suits, or proceedings commenced after the expiration of the period of thirty days, except as to matters affecting jurisdiction, the validity of the proceedings prescribed by the foregoing provisions of this chapter and of the plan shall be conclusively presumed. Upon the expiration of the thirty-day period, the agency may further proceed with the redevelopment project or projects covered by the redevelopment plan. Upon acquisition of the lands in the redevelopment project by the agency, the lands shall automatically be rezoned as to land use in conformance with provisions of the approved redevelopment plan.

(c) Hearings and trial upon any issue raised in any action, suit, or proceeding in any court involving the construction, interpretation, or validity of this chapter, or involving the legality or validity of any action taken or proposed to be taken under or pursuant to this chapter, whether by way of injunction, suit for declaratory judgment, submission on agreed statement of facts, or otherwise, shall be given precedence in the trial courts and, on appeal. An appeal to the intermediate appellate court, subject to chapter 602, shall lie from any decision of any trial court holding valid or invalid any provision of this chapter, or any contract made or proposed, or other action taken or proposed to be taken, under or pursuant to this chapter.

(d) Whenever the agency determines that a proposed redevelopment project or an auxiliary redevelopment project initiated pursuant to this chapter may be undertaken by the owners of project lands therein or by developers of the owners as effectively, expeditiously, and economically as if undertaken as a public undertaking by the agency itself, then the redevelopment plan for the project approved and adopted pursuant to this section shall include a provision for the execution of the project by an alternative method of private development thereof on the basis of an agreement between the agency and the owners or developers and imposing such requirements, restrictions, and sanctions as the agency may deem necessary to effectuate the basic purposes of this chapter and to assure the successful completion of the project by private development.

If at any time after the initial adoption of the redevelopment plan, the agency determines that a change in the plan is in the public interest and in furtherance of the purpose of redevelopment, the plan or any part thereof may be amended by following the same procedure as set forth above for the adoption of the original plan. [L 1949, c 379, pt of §4; am L 1951, c 244, pt of §3; am L 1955, c 271, §1(g); RL 1955, §143-7; am L 1959, c 63, §1 and c 214, §1; am L 1965, c 101, §1(f) and (g); HRS §53-6; am L 1987, c 337, §5(1); am L 1997, c 350, §14; am L 2004, c 202, §7; am L 2005, c 196, §26(a); am L 2006, c 94, §1 and c 180, §16; am L 2010, c 109, §1]
Haw. Rev. Stat. § 46-27 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-27
Approval of bonds.
Status: in_force

The sufficiency of the bonds of the members of the several councils and the mayor of the city and county of Honolulu shall be approved by a judge of the circuit court having jurisdiction over or within the county, and all other bonds shall be approved as to sufficiency by the officer with whom the same are required to be deposited.
Haw. Rev. Stat. § 46-13 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-13
Each county to determine its own number of fire stations.
Status: in_force

Any other provisions of law to the contrary notwithstanding, the council of each county, may determine the number of fire stations it will establish and maintain within its respective county.
Haw. Rev. Stat. § 49-7 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-7
CUSIP numbers.
Status: in_force

The governing body issuing revenue bonds pursuant to this chapter, in its discretion, may provide that CUSIP identification numbers shall be imprinted on the revenue bonds. In the event such numbers are imprinted on any revenue bonds (1) no CUSIP number shall constitute a part of the contract evidenced by the particular revenue 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 the bonds, by reason of the numbers or any use made thereof, and including any use thereof made by the county, any officer or any agent, or by reason of any inaccuracy, error, or omission with respect thereto or in that use. The governing body in its discretion may require that all cost of obtaining and imprinting the numbers shall be paid by the purchaser of the 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. § 48-3 — HI Code / Division 1 / Title 6 / Chapter 48 / Section 48-3
Certificate of convenience and necessity.
Status: in_force

No political subdivision may issue economic development bonds without first having been issued a certificate of convenience and necessity therefor. The certificate shall be issued by the department of business, economic development, and tourism upon a petition of the governing body of the political subdivision proposing to issue economic development bonds upon the department finding:

(1) That the political subdivision has a contract, approved by its governing body, with an individual, partnership, or corporation to lease the property to be acquired with the proceeds of the economic development bonds for occupancy and use in connection with the conduct of an agricultural, industrial, commercial, or hotel enterprise for a period of years, and for the lessee to pay an annual rental adequate to meet interest and principal payments falling due during the term of the lease;

(2) That the lessee of the property is a responsible party;

(3) That the contract for lease of the property provides for:

(A) The reasonable maintenance, less normal wear and tear, of the property by the lessee;

(B) Insurance to be carried on the property and the use and disposition of insurance moneys; and

(C) The rights of the political subdivision and the lessee respecting the disposition of the property financed by the proposed economic development bonds upon retirement of the bonds or termination of the contract by expiration or failure to comply with any of the provisions thereof;

(4) In addition to the above, the contract may provide for the rights of the bondholders, the care and disposition of rental receipts, and such other safeguards as are deemed to be necessary by the department;

(5) That opportunities for employment are inadequate in the area from which the proposed development plan would reasonably draw its labor force and that there exists in that area a condition of substantial and persistent unemployment or under employment;

(6) That the proposed project will provide employment having a reasonable relationship to the volume of the bonds issued as compared to investment per employee of comparable facilities elsewhere in the private sector;

(7) That financing by banks, other financial institutions, or other parties, of the property required by the lessee is not readily available to lessee on ordinary commercial terms in adequate amounts either on the local or the national market;

(8) That no portion of the proposed economic development bond issues will be purchased by the lessee or any affiliate or subsidiary of the lessee at the time of the initial marketing;

(9) That the facility offered the lessee is intended to accommodate expansion of an enterprise located elsewhere or a new enterprise and not primarily the relocation of an existing facility;

(10) That adequate provision is being made to meet any increased demand upon community public facilities that might result from the proposed project; and

(11) That the issuance of the proposed bonds and the operation of the enterprise of the lessee will not disrupt the fiscal stability of the issuing political subdivision in the event it should become necessary for it to assume responsibility for payment of the interest and principal of the proposed economic development bonds. [L 1964, c 58, pt of §2; Supp, §140A-4; HRS §48-3; am L 1974, c 254, §1(3); am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 47-17 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-17
Refunding bonds authorized.
Status: in_force

For the purpose of refunding all or any portion of the present and future bonded indebtedness of any county issued pursuant to this chapter or bonds payable from the revenue of an undertaking or loan program as defined in section 49-1, the director of finance of any county, upon authorization of the governing body, may from time to time issue general obligation refunding bonds of the county to pay or to provide for the payment of all or any part thereof, and may include various series and issues of the outstanding bonds in a single issue of refunding bonds and may include refunding bonds and bonds otherwise to be issued under this chapter, in a single issue of bonds.

The interest rate or rates of the refunding bonds shall not be limited by the interest rate or rates borne by any of the bonds to be refunded thereby.

The refunding bonds may be issued and delivered on, or at any time before, the maturity or redemption date of the bonds to be refunded that the director of finance, with the approval of the governing body, determines to be in the best interest of the county. The refunding bonds shall be issued in accordance with this chapter with respect to bonds otherwise issued under this chapter, and all of the provisions of this chapter shall apply to the refunding bonds. Nothing in this section shall require or be deemed to require the county to elect to redeem or prepay bonds being refunded, or, if the county elects to redeem or prepay any such bonds, to redeem or prepay as of any particular date or dates.

Proceeds of the sale of the refunding bonds shall be applied solely to the payment of the principal of, and redemption premium, if any, and interest on the bonds to be refunded under this chapter and to the payment of all costs of issuance of such refunding bonds and interest accrued on the refunding bonds to the date of delivery thereof and payment therefor. Pending the time the proceeds derived from the sale of refunding bonds issued under this section are required for the purposes for which they were issued, the director of finance, upon authorization or approval of the governing body, may invest the proceeds 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. To further secure the bonds being refunded the director of finance, upon authorization or approval of the governing body, may enter into a contract with any bank or trust company, within or without the State, with respect to the safekeeping and application of the proceeds of the refunding bonds, and the safekeeping and application of the earnings on the investment, which contract shall become a part of the contract with the holders of the bonds being refunded. [L 1989, c 80, pt of §2]
Haw. Rev. Stat. § 46-15.2 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-15.2
Housing; additional county powers.
Status: in_force

In addition and supplemental to the powers granted to counties by section 46-15.1, a county shall have and may exercise any of the following powers:

(1) To provide assistance and aid to persons of low- and moderate-income in acquiring housing by:

(A) Providing loans secured by a mortgage;

(B) Acquiring the loans from private lenders where the county has made advance commitment to acquire the loans; and

(C) Making and executing contracts with private lenders or a public agency for the origination and servicing of the loans and paying the reasonable value of the services;

(2) In connection with the exercise of any powers granted under this section or section 46-15.1, to establish one or more loan programs and to issue bonds under chapter 47 or 49 to provide moneys to carry out the purposes of this section or section 46-15.1; provided that:

(A) If bonds are issued pursuant to chapter 47 to finance one or more loan programs, the county may establish qualifications for the program or programs as it deems appropriate;

(B) If bonds are issued pursuant to chapter 49 to finance one or more loan programs, the loan program or programs shall comply with part III, subpart B of chapter 201H, to the extent applicable;

(C) If bonds are issued pursuant to section 47-4 or chapter 49, any loan program established pursuant to this section or any county-owned dwelling units constructed under section 46-15.1 shall be and constitute an "undertaking" under section 49‑1 and chapter 49 shall apply to the loan program or county-owned dwelling units to the extent applicable;

(D) In connection with the establishment of any loan program pursuant to this section, a county may employ financial consultants, attorneys, real estate counselors, appraisers, and other consultants as may be required in the judgment of the county and fix and pay their compensation from funds available to the county therefor;

(E) Notwithstanding any limitation otherwise established by law, with respect to the rate of interest on any loan made under any loan program established pursuant to this section, the loan may bear a rate or rates of interest per year as the county shall determine; provided that no loan made from the proceeds of any bonds of the county shall be under terms or conditions that would cause the interest on the bonds to be deemed subject to income taxation by the United States;

(F) Notwithstanding any limitation otherwise established by law, with respect to the amount of compensation permitted to be paid for the servicing of loans made under any loan program established pursuant to this section, a county may fix any reasonable compensation as the county may determine;

(G) Notwithstanding the requirement of any other law, a county may establish separate funds and accounts with respect to bonds issued pursuant to chapter 47 or 49 to provide moneys to carry out the purposes of this section or section 46-15.1 as the county may deem appropriate;

(H) Notwithstanding any provision of chapter 47 or 49 or of any other law, but subject to the limitations of the state constitution, bonds issued to provide moneys to carry out the purposes of this section or section 46-15.1 may be sold at public or private sale at a price; may bear interest at a rate or rates per year; may be payable at a time or times; may mature at a time or times; may be made redeemable before maturity at the option of the county, the holder, or both, at a price or prices and upon terms and conditions; and may be issued in coupon or registered form, or both, as the county may determine;

(I) If deemed necessary or advisable, the county may designate a national or state bank or trust company within or without the State to serve as trustee for the holders of bonds issued to provide moneys to carry out the purposes of this section or section 46-15.1, and enter into a trust indenture, trust agreement, or indenture of mortgage with the trustee whereby the trustee may be authorized to receive and receipt for, hold, and administer the proceeds of the bonds and to apply the proceeds to the purposes for which the bonds are issued, or to receive and receipt for, hold, and administer the revenues and other receipts derived by the county from the application of the proceeds of the bonds and to apply the revenues and receipts to the payment of the principal of, or interest on the bonds, or both. Any trust indenture, trust agreement, or indenture of mortgage entered into with the trustee may contain any covenants and provisions as may be deemed necessary, convenient, or desirable by the county to secure the bonds. The county may pledge and assign to the trustee any agreements related to the application of the proceeds of the bonds and the rights of the county thereunder, including the rights to revenues and receipts derived thereunder. Upon appointment of the trustee, the director of finance of the county may elect not to serve as fiscal agent for the payment of the principal and interest, and for the purchase, registration, transfer, exchange, and redemption, of the bonds; or may elect to limit the functions the director of finance performs as a fiscal agent; and may appoint a trustee to serve as the fiscal agent; and may authorize and empower the trustee to perform the functions with respect to payment, purchase, registration, transfer, exchange, and redemption, as the director of finance deems necessary, advisable, or expedient, including without limitation the holding of the bonds and coupons that have been paid and the supervision and conduction or the destruction thereof in accordance with law;

(J) If a trustee is not appointed to collect, hold, and administer the proceeds of bonds issued to provide moneys to carry out the purposes of this section or section 46-15.1, or the revenues and receipts derived by the county from the application of the proceeds of the bonds, as provided in subparagraph (I), the director of finance of the county may hold the proceeds or revenues and receipts in a separate account in the treasury of the county, to be applied solely to the carrying out of the ordinance, trust indenture, trust agreement, or indenture of mortgage, if any, authorizing or securing the bonds; and

(K) Any law to the contrary notwithstanding, the investment of funds held in reserves and sinking funds related to bonds issued to provide moneys to carry out the purposes of this section or section 46-15.1 shall comply with section 201H-77; provided that any investment that requires approval by the county council pursuant to section 46-48 or 46-50 shall first be approved by the county council;

(3) To acquire policies of insurance and enter into banking arrangements as the county may deem necessary to better secure bonds issued to provide money to carry out the purposes of this section or section 46-15.1, including without limitation contracting for a support facility or facilities as may be necessary with respect to bonds issued with a right of the holders to put the bonds and contracting for interest rate swaps; and

(4) To do any and all other things necessary or appropriate to carry out the purposes and exercise the powers granted in section 46-15.1 and this section. [L 1982, c 284, §1; am L 1983, c 156, §1; am L 1987, c 80, §2; am L 1990, c 34, §4; am L 1997, c 350, §7; am L 2007, c 37, §2 and c 249, §9]
Haw. Rev. Stat. § 48E-14 — HI Code / Division 1 / Title 6 / Chapter 48E / Section 48E-14
Special purpose revenue bonds exempt from taxation.
Status: in_force

Special purpose revenue bonds issued pursuant to this chapter and the income therefrom shall be exempt from all state and county taxation except inheritance, transfer, and estate taxes.
Haw. Rev. Stat. § 46-172 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-172
Civil actions for false claims.
Status: in_force

The county corporation counsel or county attorney shall investigate any violation under section 46-171. If the corporation counsel or county attorney finds that a person has violated or is violating section 46-171, the corporation counsel or county attorney may bring a civil action under this section.
Haw. Rev. Stat. § 48-1 — HI Code / Division 1 / Title 6 / Chapter 48 / Section 48-1
Definitions.
Status: in_force

As used in this chapter:

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

"Economic development bond" means any general or revenue bond issued by any political subdivision of the State for the purpose of financing the purchase or lease of land; the purchase or construction, including reconstruction, improvement, expansion, extension, and enlargement, of buildings and appurtenances; and the purchase and installation of machinery, equipment, or fixtures, when the purchases or leases are made primarily for sale or continuing lease to a private individual, partnership, or corporation for use in connection with the development of an agricultural, industrial, commercial, or hotel enterprise.

"Governing body" means the body, council, or board charged with exercising the legislative authority of a political subdivision of the State.

"Political subdivision" means a county or other political subdivision created by the legislature pursuant to article VIII, section 1, of the constitution of the State. [L 1964, c 58, pt of §2; Supp, §140A-2; am L 1957, c 227, §2; HRS §48-1; am L 1974, c 254, §1(2); am L 1987, c 336, §7; am L 1990, c 293, §8]
Haw. Rev. Stat. § 53-15 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-15
Financial assistance of agency and office of urban renewal coordinator; redevelopment fund.
Status: in_force

The redevelopment agency may borrow and apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal, state, or county governments or other public body, or from any sources, public or private, for purposes of this part, and may give such security as may be required and may enter into and carry out contracts in connection therewith. In the event that any contract for federal assistance or any federal law or regulations applicable thereto requires any action, practice, procedure, or remedy to be undertaken by the agency in any urban renewal project that is contrary to or conflicts with any state or local law, then the federal requirements or provisions shall govern and prevail over any provision of state or local law to the contrary. The foregoing provision shall be liberally applied and construed as to any case of conflicting federal and local requirements to the end that federal financial assistance for any urban renewal project shall not be hindered, impaired, or jeopardized. In fulfilling its duties the agency may expend funds legally loaned, appropriated, or granted to it by any agency of the government, funds received as gifts or contributions, and funds received from the sale or use of its properties. All moneys received by any agency shall be paid into the treasury of the county to be held in a redevelopment fund, hereby created, to the credit of the agency and shall be disbursed upon warrants of the director of finance, based upon vouchers signed by the chairperson or acting chairperson of the agency or any subordinate of the agency duly authorized by it to sign the vouchers.

The office of urban renewal coordinator shall submit in its budget estimates of amount required for administrative expenses and other costs of operation of the office of the urban renewal coordinator to be appropriated from the redevelopment fund; provided the amount to be appropriated for the purposes for any one year shall not exceed the sum of $200,000; and provided further that the estimates for the office of urban renewal coordinator shall have first been approved by the mayor and the council. [L 1949, c 379, pt of §4; am L 1951, c 244, pt of §3; RL 1955, §143-15; am L 1957, c 163, §2; am L 1959, c 226, §1; am L 1961, c 112, §2 and c 143, §1; HRS §53-15; gen ch 1993]
Haw. Rev. Stat. § 58-4 — HI Code / Division 1 / Title 6 / Chapter 58 / Section 58-4
County protective regulations.
Status: in_force

Each county shall enact appropriate protective regulations which designate exceptional trees; provide for special county review prior to destruction of exceptional trees, whether by removal or the existence of conditions which lead to the destruction of such trees; provide for site plan review and amendment to protect exceptional trees; and provide for injunctive relief against the removal or destruction of exceptional trees.
Haw. Rev. Stat. § 46-6 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-6
Parks and playgrounds for subdivisions.
Status: in_force

(a) Except as hereinafter provided, each county shall adopt ordinances to require a subdivider, as a condition to approval of a subdivision to provide land in perpetuity or to dedicate land for park and playground purposes, for the use of purchasers or occupants of lots or units in subdivisions. The ordinances may prescribe the instances when land shall be provided in perpetuity or dedicated, the area, location, grade, and other state of the sites so required to be provided or dedicated. In addition thereto, such ordinances may prescribe penalties or other remedies for violation of such ordinances.

(b) In lieu of providing land in perpetuity or dedicating land, the ordinances may permit a subdivider pursuant to terms and conditions set forth therein to:

(1) Pay to the county a sum of money deemed adequate by the county to purchase the park land the subdivider would otherwise have had to provide or dedicate; or

(2) Combine the payment of money with land to be provided or dedicated, the value of such combination to be as deemed adequate by the county to purchase the total amount of land the subdivider would otherwise have had to provide or dedicate.

The method of determining such full or partial payment shall be prescribed by the ordinances. The ordinances shall also provide that such money shall be used for the purpose of providing parks and playgrounds for the use of purchasers or occupants of lots or units in the subdivision. Each county may establish by ordinance a time limit within which it must spend the park dedication fees it has collected.

(c) Pursuant to terms, conditions, and limitations specified by the ordinances, a subdivider shall receive credit:

(1) For privately-owned and maintained parks and playgrounds;

(2) For lands dedicated or provided for park and playground purposes prior to the effective date of the ordinances.

(d) Upon the provision of land in perpetuity or the dedication of land by the subdivider as may be required under this section, the county concerned shall thereafter assume the cost of improvements and their maintenance, and the subdivider shall accordingly be relieved from such costs.

(e) The ordinances adopted pursuant to this section may provide, where special circumstances, conditions, and needs within the respective counties so warrant, for such exemptions and exclusions as the councils of the respective counties may deem necessary or appropriate and may also prescribe the extent to and the circumstances under which the requirements therein shall or shall not be applicable to subdivisions.

(f) For purposes of this section certain terms used herein shall be defined as follows:

(1) "Approval" means the final approval granted to a proposed subdivision where the actual division of land into smaller parcels is sought, provided that where construction of a building or buildings is proposed without further subdividing an existing parcel of land, the term "approval" shall refer to the issuance of the building permit.

(2) "Dwelling unit" means a room or rooms connected together, constituting an independent housekeeping unit for a family and containing a single kitchen.

(3) "Lodging unit" means a room or rooms connected together, constituting an independent housekeeping unit for a family which does not contain any kitchen.

(4) "Parks and playgrounds" mean areas used for active or passive recreational pursuits.

(5) "Subdivider" means any person who divides land as specified under the definition of subdivision or who constructs a building or group of buildings containing or divided into three or more dwelling units or lodging units.

(6) "Subdivision" means the division of improved or unimproved land into two or more lots, parcels, sites, or other divisions of land and for the purpose, whether immediate or future, of sale, lease, rental, transfer of title to, or interest in, any or all such lots, parcels, sites, or division of land. The term includes resubdivision, and when appropriate to the context, shall relate to the land subdivided. The term also includes a building or group of buildings, other than a hotel, containing or divided into three or more dwelling units or lodging units.

(7) "Privately owned parks and playgrounds" mean parks or playgrounds and their facilities which are not provided in perpetuity or dedicated but which are owned and maintained by or on behalf of the ultimate users of the subdivision pursuant to recorded restrictive covenants. Where the privately owned park is a part of the lot or lots on which a building or group of buildings containing or divided into three or more dwelling units or lodging units is constructed, it shall not be required that the private park or playground meet county subdivision standards nor shall the area of the private park or playground be deducted from the area of the lot or lots for purposes of zoning or building requirements. [L 1967, c 294, §1; HRS §46-6; am L 1970, c 140, §1; am L 1977, c 208, §1; am L 1979, c 105, §5 and c 199, §1; gen ch 1985]
Haw. Rev. Stat. § 46-43 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-43
County records.
Status: in_force

(a) Notwithstanding the provisions of any other law to the contrary, the county legislative body shall determine whether, and the extent to which, the county shall create, accept, retain, or store in electronic form any records and convert records to electronic form.

(b) The director of finance of each county, with the approval of the legislative body and the legal advisor of the county, may authorize the destruction by burning, machine shredding, chemical disintegration, or other acceptable method of disposal of:

(1) All warrants of the county that have been paid and that bear any date ten years prior to the date of destruction; and

(2) All bonds and interest coupons of the county that have been canceled or paid and that bear any date two years prior to the date of destruction.

(c) The director of finance, with the approval of the county legislative body and the county's legal advisor, shall determine the care, custody, and disposition of other county records and may destroy all vouchers, documents, and other records or papers, exclusive of records required either by law or by the legislative body of the county to be permanently retained, that have been on file or retained for a minimum period to be determined by the legislative body of the county by resolution. [L 1947, c 146, pt of §1; RL 1955, §138-8; am L 1963, c 22, §1; am L 1965, c 95, §1; HRS §46-43; gen ch 1985; am L 2005, c 177, §2]
Haw. Rev. Stat. § 46-67 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-67
Easements; formal subdivision process and approval exemption.
Status: in_force

Notwithstanding any provision of law to the contrary, the granting of easements on public lands affecting the transfer of public lands between the department of land and natural resources and department of agriculture and biosecurity, pursuant to chapter 166E, may be exempt from formal subdivision process and approval requirements, including requirements for surveying and formalizing easements. Any exemption granted pursuant to this section shall be limited to easements created for a public purpose on public or other government-owned lands. The government agency that grants the easements may notify in writing the county having jurisdiction to process and approve the easements of the government agency's intent to invoke this exemption.
Haw. Rev. Stat. § 54-59 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-59
Audits.
Status: in_force

The auditor of the county shall make an annual audit of the accounts and financial status of the board of water supply and shall file a copy of the audit report with the council of the county. The board may, whenever necessary in connection with the issuance of any bonds, employ a certified public accountant to make audits.
Haw. Rev. Stat. § 54-56 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-56
Purchases and contracts.
Status: in_force

The board of water supply may contract for work, supplies, materials, or equipment when the cost of these can be met from the revenues or reserves of the waterworks or water systems, or from the proceeds of bonds authorized for the waterworks and water systems. All contracts shall be executed in the name of the board and shall be signed by the chairperson or acting chairperson of the board.

The board may sell or otherwise dispose of any buildings, materials, supplies, or equipment under its control when no longer used or useful for its purposes, and the proceeds thereof shall be placed to the credit of the board. All documents of transfer shall be executed in the name of the board and shall be signed by the chairperson or acting chairperson thereof. [L 1949, c 86, §6; RL 1955, §146-105; HRS §54-56; gen ch 1993]
Haw. Rev. Stat. § 49-17 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-17
Duties of the director of finance.
Status: in_force

(a) The director of finance shall be the fiscal agent for the payment of all principal and interest, and for the transfer of revenue bonds. The director of finance may appoint other fiscal agents and transfer agents.

The director of finance shall cause to be set up in the treasury of the county suitable accounts for the deposit of all revenue of the undertaking or loan program, and for the payment of all revenue bonds and the interest thereon and for all other payment provided or required by this chapter, and for the holding of all reserves created under this chapter.

If deemed necessary or advisable by the director of finance, the director may appoint a national or state bank or trust company within or without the State to serve as trustee for the holders of the revenue bonds and the director of finance may enter into a trust indenture or trust agreement or indenture of mortgage with the trustee. The trustee may be authorized by the county to receive and receipt for, hold and administer the proceeds of the revenue bonds and to apply the same to the purposes for which the bonds are issued, or to receive and receipt for, hold and administer all or part of the revenue derived by the county from the undertaking and to apply the revenue to the payment of the principal of and interest on the revenue bonds, or both. In the event that the trustee shall be appointed, any trust indenture or trust agreement or indenture of mortgage entered into by the director of finance with the trustee may contain whatever covenants and provisions as may be authorized by this chapter as may be deemed necessary by the director, and any covenants or provisions so contained need not be included in a resolution or resolutions adopted under this chapter, but may be incorporated by general reference thereto in such resolution or resolutions. Any resolution or resolutions, trust indenture or trust agreement or indenture of mortgage adopted by the governing body or entered into by the director of finance pursuant to this chapter may also contain any provisions required for the qualification thereof under the United States Trust Indenture Act of 1939 or deemed necessary or desirable by the director of finance for the security and protection of the holders of the revenue bonds or to carry out the purposes of this chapter. The county may pledge and assign to the trustee all or part of the revenue of the undertaking or the loan program for the benefit of the holders of the revenue bonds.

(b) If the director of finance appoints a trustee for the holders of the revenue bonds, then notwithstanding the first sentence of subsection (a), the director of finance may elect not to serve as fiscal agent for the payment of the principal and interest, and for the purchase, registration, transfer, exchange and redemption, of the revenue bonds, or may elect to limit the functions the director shall perform as the fiscal agent. The director of finance may appoint the trustee to serve as the fiscal agent, and may authorize and empower the trustee to perform the functions with respect to the payment, purchase, registration, transfer, exchange and redemption, as the director of finance may deem necessary, advisable, or expedient, including without limitation the holding of the revenue bonds and coupons which have been paid and the supervision and conducting of the destruction thereof in accordance with law, to appoint the trustee or others as fiscal agents, paying agents, and registrars for the revenue bonds or to authorize and empower the fiscal agents, paying agents, and registrars to perform the functions referred to in subsection (a), it being the intent of this subsection to permit, the director of finance, at the director's election, not to serve as fiscal agent for the revenue bonds or to limit the functions the director shall perform as such fiscal agent, as the director may deem necessary, advisable, or expedient. [L 1989, c 80, pt of §3]
Haw. Rev. Stat. § 46-15.1 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-15.1
Housing; county powers.
Status: in_force

[Repeal and reenactment on June 30, 2028. L 2024, c 45, §4. Repeal and reenactment on July 1, 2030. L 2023, c 90, §§2, 3. Repeal and reenactment on July 1, 2031. L 2024, c 31, §4.] (a) Notwithstanding any law to the contrary, any county shall have and may exercise the same powers, subject to applicable limitations, as those granted the Hawaii housing finance and development corporation pursuant to chapter 201H insofar as those powers may be reasonably construed to be exercisable by a county for the purpose of developing, constructing, financing, refinancing, or otherwise providing low- and moderate-income housing projects and mixed-use developments; provided that no county shall be empowered to cause the State to issue general obligation bonds to finance a project pursuant to this section; provided further that county projects shall be granted an exemption from general excise or receipts taxes in the same manner as projects of the Hawaii housing finance and development corporation pursuant to section 201H-36; provided further that county projects shall prioritize walkability to the extent practicable; provided further that section 201H-16 shall not apply to this section unless federal guidelines specifically provide local governments with that authorization and the authorization does not conflict with any state laws. The powers shall include the power, subject to applicable limitations, to:

(1) Develop and construct dwelling units, alone or in partnership with developers;

(2) Acquire necessary land by lease, purchase, exchange, or eminent domain;

(3) Provide assistance and aid to a public agency or other person in developing and constructing new housing and rehabilitating existing housing for elders of low- and moderate-income, other persons of low- and moderate-income, and persons displaced by any governmental action, by making long-term mortgage or interim construction loans available;

(4) Contract with any eligible bidders to provide for construction of urgently needed housing for persons of low- and moderate-income;

(5) Guarantee the top twenty-five per cent of the principal balance of real property mortgage loans, plus interest thereon, made to qualified borrowers by qualified lenders;

(6) Enter into mortgage guarantee agreements with appropriate officials of any agency or instrumentality of the United States to induce those officials to commit to insure or to insure mortgages under the National Housing Act, as amended;

(7) Make a direct loan to any qualified buyer for the downpayment required by a private lender to be made by the borrower as a condition of obtaining a loan from the private lender in the purchase of residential property;

(8) Provide funds for a share, not to exceed fifty per cent, of the principal amount of a loan made to a qualified borrower by a private lender who is unable otherwise to lend the borrower sufficient funds at reasonable rates in the purchase of residential property; and

(9) Sell or lease completed dwelling units.

For purposes of this section, a limitation is applicable to the extent that it may reasonably be construed to apply to a county.

(b) Each county shall recognize housing units developed by the department of Hawaiian home lands and issue affordable housing credits to the department of Hawaiian home lands. The credits shall be transferable and shall be issued on a one-credit for one-unit basis, unless the housing unit is eligible for additional credits as provided by adopted county ordinances, rules, or any memoranda of agreement between a county and the department of Hawaiian home lands. In the event that credits are transferred by the department of Hawaiian home lands, twenty-five per cent of any monetary proceeds from the transfer shall be used by the department of Hawaiian home lands to develop units for rental properties. Credits shall be issued for each single-family residence, multi-family unit, other residential unit, whether for purposes of sale or rental, or if allowed under the county's affordable housing programs, vacant lot, developed by the department of Hawaiian home lands. The credits may be applied county-wide within the same county in which the credits were earned to satisfy affordable housing obligations imposed by the county on market-priced residential and non-residential developments. County-wide or project-specific requirements for housing class, use, or type; or construction time for affordable housing units shall not impair, restrict, or condition the county's obligation to apply the credits in full satisfaction of all county requirements, whether by rule, ordinance, or particular zoning conditions of a project. Notwithstanding any provisions in this section to the contrary, the department may enter into a memorandum of agreement with any of the counties to establish, modify, or clarify the conditions for the issuance, transfer, and redemption of the affordable housing credits in accordance with county affordable housing ordinances or rules. At least half of the affordable housing credits issued by the city and county of Honolulu shall be subject to a memorandum of agreement pursuant to this subsection.

(c) Each county shall recognize housing units developed pursuant to section 201H-38 and issue affordable housing credits to the eligible developer for residences required to be sold or rented to individuals within a specified income range, if a developer chooses to receive affordable housing credits. Credits shall be issued for each single-family residence, multi-family unit, other residential unit, whether for purposes of sale, rental, or if allowed under the county's affordable housing programs, vacant lot, developed pursuant to chapter 201H. Affordable housing credits shall not be issued if low-income housing tax credits are utilized in conjunction with the affordable housing developed pursuant to chapter 201H. The credits shall be transferable and shall be issued on a one-credit for one-unit basis, unless the housing unit is eligible for additional credits as provided by adopted county ordinances, rules, or any memoranda of agreement between a county and the Hawaii housing finance and development corporation. In the event that the affordable housing credits are transferred to the Hawaii housing finance and development corporation, twenty-five per cent of any monetary proceeds from the transfer shall be used by the Hawaii housing finance and development corporation to develop units for rental properties. The credits may be applied county-wide within the same county in which the credits were earned to satisfy affordable housing obligations imposed by the county on market-priced residential and non-residential developments. The credits may be applied to satisfy up to fifty per cent of the affordable housing obligations imposed by the county for each market-priced residential or non-residential development, unless the county allows for more than fifty per cent as provided by county ordinances, rules, or any memoranda of agreement between the county and the Hawaii housing finance and development corporation. County-wide or project-specific requirements for housing class, use, or type, or construction time for affordable housing units, shall not impair, restrict, or condition the county's obligation to apply the credits in full satisfaction of all county requirements, whether by rule, ordinance, or particular zoning conditions of a project. Notwithstanding any provision of this section to the contrary, the Hawaii housing finance and development corporation may enter into a memorandum of agreement with any of the counties to establish, modify, or clarify the conditions for the issuance, transfer, and redemption of the affordable housing credits in accordance with county affordable housing ordinances or rules.

No affordable housing credit shall be issued under this subsection until a certificate of occupancy has been issued.

Prior to the issuance of an affordable housing credit under this subsection, an agreement, including affordable housing-related agreements between a county or the Hawaii housing finance and development corporation and an eligible developer, shall be executed and include language requiring:

(1) A new and sequential identification number of at least four digits in length for each affordable housing credit to be issued within each county for tracking purposes;

(2) An agreement to be recorded on title of at least one parcel or tax map key of the originating housing project, as defined in section 201H-1; and

(3) The prompt amendment of an agreement when an affordable housing credit originally generated by a housing project is sold, transferred, or utilized to create an easily auditable trail of ownership.

(d) Notwithstanding any law to the contrary, any county may:

(1) Authorize and issue bonds under chapter 47 and chapter 49 to provide moneys to carry out the purposes of this section or section 46-15.2, including the satisfaction of any guarantees made by the county pursuant to this section;

(2) Appropriate moneys of the county to carry out the purposes of this section;

(3) Obtain insurance and guarantees from the State or the United States, or grants from either;

(4) Designate, after holding a public hearing on the matter and with the approval of the respective council, any lands owned by it for the purposes of this section;

(5) Provide interim construction loans to partnerships of which it is a partner and to developers whose projects qualify for federally assisted project mortgage insurance, or other similar programs of federal assistance for persons of low and moderate income; and

(6) Adopt rules pursuant to chapter 91 as are necessary to carry out the purposes of this section.

(e) Notwithstanding any law to the contrary, a county may waive its right to repurchase a privately-developed affordable housing unit built pursuant to a unilateral agreement or similar instrument, and may transfer that right of repurchase to a qualified nonprofit housing trust for the purpose of maintaining the unit as affordable for as long as required by the county program.

(f) A qualified nonprofit housing trust shall report the status and use of its housing units to its respective county by November 30 of each calendar year.

(g) The provisions of this section shall be construed liberally so as to effectuate the purpose of this section in facilitating the development, construction, financing, refinancing, or other provision of low- and moderate-income housing projects and mixed-use developments by the various counties.

(h) For purposes of this section:

"Affordable housing obligation" means the requirement imposed by a county, regardless of the date of its imposition, to develop vacant lots, single-family residences, multi-family residences, or any other type of residence for sale or rent to individuals within a specified income range.

"Eligible developer" has the same meaning as defined in section 201H-32.

"Low- and moderate-income housing project" means any housing project that meets the definition of "low- and moderate-income housing project" in section 39A-281.

"Mixed-use development" has the same meaning as defined in section 201H-12(a).

"Qualified nonprofit housing trust" means a corporation, association, or other duly chartered organization that:

(1) Is registered and in good standing with the State;

(2) Is recognized by the Internal Revenue Service as a charitable or otherwise tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and

(3) Has the capacity, resources, and mission to carry out the purposes of this section as determined by the county in which the housing unit is located. [L 1974, c 179, §2; am L 1977, c 207, §2; am L 1980, c 190, §1; am L 1981, c 39, §1; am L 1982, c 118, §1; am L 1987, c 80, §1 and c 337, §4; am L 1989, c 69, §2; am L 1990, c 67, §8; am L 1997, c 350, §6; am L 2005, c 196, §26(b); am L 2006, c 180, §16; am L 2007, c 37, §1 and c 249, §8; am L 2009, c 141, §§1, 3; am L 2012, c 98, §§1, 3; am L 2014, c 96, §11; am L 2015, c 102, §§1, 3, 4; am L 2016, c 55, §50; am L 2017, c 159, §3; am L 2019, c 80, §§1, 2; am L 2024, c 31, §2 and c 45, §2]
Haw. Rev. Stat. § 50-15 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-15
Reserved powers.
Status: reserved

Notwithstanding the provisions of this chapter, there is expressly reserved to the state legislature the power to enact all laws of general application throughout the State on matters of concern and interest and laws relating to the fiscal powers of the counties, and neither a charter nor ordinances adopted under a charter shall be in conflict therewith.
Haw. Rev. Stat. § 54-31 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-31
Name and service of process; claims against the board.
Status: in_force

The board of water supply created herein shall be known as the board of water supply of the county in which it is created, and may sue and be sued under this name. Service of process in all matters affecting the board, or any property under its jurisdiction, may be made by service upon any member of the board or on its manager, and by also serving the county. Any action commenced or prosecuted for the recovery of damages for any injury to any person or property by reason of the negligence of the board or of any of its agents, servants, or employees, shall be commenced and prosecuted against the board. No action shall be maintained for the recovery of any damage, unless a written statement verified by the oath of a claimant, setting forth the nature and items of the claim, and the time and place where the alleged injury may have occurred or where the damage was sustained, has been filed with the board within six months after the date of the sustaining of the injury or damage; otherwise there shall be no recovery on the claim.
Haw. Rev. Stat. § 46-74 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-74
[Waiver of exemption from assessment for improvements.
Status: in_force

§46-74 [Waiver of exemption from assessment for improvements.] Notwithstanding sections 67-8 and 46-74.2 or any other law to the contrary, any society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes whose land is exempt by law from assessment for improvements, may file or join others in filing a petition for an improvement district and shall, by such filing or joining to file, be deemed to have waived exemption from assessment for improvements and its lands within the improvement district shall be assessed for improvements without contribution from the county or the State.
Haw. Rev. Stat. § 46-55 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-55
Schedule of council anticipated expenditures.
Status: in_force

[§46-55 Schedule of council anticipated expenditures.] Notwithstanding any law to the contrary, in any county where the population exceeds one hundred thousand, immediately following the enactment of the operating budget ordinance, the head of the legislative body of the county shall submit to the budget director of the county a schedule showing the expenditures of the body anticipated for each quarter of the fiscal year. The schedule shall not require the approval of nor can it be altered by the mayor and the legislative body may proceed without other authority to incur obligations or make expenditures after the schedule has been submitted. The director of finance shall approve or issue any requisition, purchase order, voucher, or warrant in accordance with the schedule and upon request of the legislative body. The schedule may be altered at any time by the body.
Haw. Rev. Stat. § 46-16 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-16
Traffic regulation and control over private streets.
Status: in_force

Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic regulations and place appropriate traffic control devices, and may enforce chapters 249; 286; 287; 291; 291C; 291E; 431, articles 10C and 10G; and 486, part III on the following categories of private streets, highways, or thoroughfares, except private roads used primarily for agricultural and ranching purposes:

(1) Any private street, highway, or thoroughfare which has been used continuously by the general public for a period of not less than six months; provided that the county shall not be responsible for the maintenance and repair of the private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that street, highway, or thoroughfare; provided further that no adverse or prescriptive rights shall accrue to the general public when the county imposes or enforces traffic regulations and highway safety laws or places appropriate traffic control devices on that street, highway, or thoroughfare; nor shall county consent to the placement of traffic control signs or markings on a private street be deemed to constitute control over that street; and

(2) Any private street, highway, or thoroughfare which is intended for dedication to the public use as provided in section 264-1 and is open for public travel but has not yet been accepted by the county. [L 1973, c 137, §1; am L 1988, c 358, §1; am L 1995, c 173, §2; am L 2010, c 153, §2]
Haw. Rev. Stat. § 53-33 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-33
Advances by redevelopment corporation.
Status: in_force

A redevelopment agency may enter into a contract with a redevelopment corporation at any time after approval of a redevelopment plan whereby the corporation will pay or agree to pay an agreed sum or sums, or such sums as may be necessary, to be expended by the agency in the acquisition or clearing, or both, of real property for a redevelopment project, under such terms as are satisfactory to the agency; provided that no contract may obligate the agency to refund any portion of the sums so paid except such portion as may remain unexpended after the acquisition or clearing, or both. The contract may include an agreement to sell or lease property subject to sale or lease covered by the redevelopment project to the redevelopment corporation after acquisition and clearing of the land in the project.
Haw. Rev. Stat. § 46-29 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-29
Certain notarial powers conferred upon county officers.
Status: in_force

Wherever by law any affidavit under oath or any statement or other document to be acknowledged is required to be filed with the chief of police, treasurer, director of finance, clerk, or council of any county as a condition to the granting of any license or the performance of any act by any person, or by any county officer, the chief of police, treasurer, director of finance, or clerk, their deputy or deputies, of the county, shall take the oath or acknowledgment, free of charge, keeping records thereof as required by law of notaries public; provided that nothing herein shall prevent any person desiring so to do from making the oath or acknowledgment before any duly authorized notary public, subject to the notary's legal fees therefor.
Haw. Rev. Stat. § 46-54 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-54
Collection of delinquent license fees, taxes, and other amounts.
Status: in_force

In addition to the penalty or forfeiture prescribed by law, an action for the recovery of any delinquent license fees, taxes, or other amounts payable by law, may be brought by the director of finance of any county in the name of the county to which the license fee, tax, or other amount payable by law is due.
Haw. Rev. Stat. § 54-60 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-60
Reserve fund.
Status: in_force

The board of water supply may provide for the accumulation of a fund for the purpose of financing major replacements, or extensions and additions, the average estimated annual increments to which, for a period of ten years from July 1, 1959, shall not exceed fifteen per cent of the gross revenue of the board in any fiscal year.
Haw. Rev. Stat. § 47-23 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-23
Successive actions.
Status: in_force

In case of successive actions being so brought against the same county defendant, precedence shall be given by the garnishee to that in which process is first served on the garnishee; and if two or more processes are simultaneously served, precedence shall be given in the order of the priority of their issuance by the courts issuing them. This order of precedence shall not be disturbed by the fact of a posterior action being carried to final judgment earlier than its anterior in time of service on the garnishee. All amounts held on account of the anterior action shall be held until the final determination thereof, and then applied in payment of the judgment therein. In case the amounts shall not be sufficient fully to satisfy the judgment, then all judgments obtained in posterior actions shall be again postponed to that in the anterior action until it is satisfied.
Haw. Rev. Stat. § 46-62 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-62
Eminent domain; proceedings according to chapter 101.
Status: in_force

The proceedings to be taken on behalf of the county for the condemnation of property as provided in section 46-61, shall be taken and had in accordance with chapter 101, as the same may be applicable.
Haw. Rev. Stat. § 46-193 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-193
[ §46-193] County, functions; duties.
Status: in_force

[ §46-193] County, functions; duties. In addition to other functions and duties assigned under this part, the county shall:

(1) Establish emergency medical services throughout the county that may include emergency aeromedical services, which shall meet the requirements of this part and include the purchase, maintenance, and servicing of all vehicles, equipment, and supplies; a National Emergency Medical Services Information System compliant pre-hospital electronic patient care record system; and compatible data uploads to the cardiac arrest registry to enhance survival, the state trauma system, and the department of health pre-hospital electronic patient record registries; and

(2) Establish, administer, and maintain a medical communication system for the county. [L 2021, c 208, pt of §1]
Haw. Rev. Stat. § 49-6 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-6
Form and execution of revenue bonds.
Status: in_force

(a) Revenue bonds issued under this chapter shall be in such form as the governing body may determine, shall be lithographed or engraved, shall be manually signed by the director of finance or deputy director of finance, shall be countersigned with a lithographed or engraved facsimile of the signature of the mayor, and shall be sealed with the seal or a lithographed or engraved facsimile of the seal of the county. In addition, fully registered revenue bonds may be authenticated with the manual signature of the registrar, if any, thereunto duly appointed by the director of finance. Notwithstanding the preceding provisions of this section, the governing body may provide that revenue bonds issued under this chapter may be typewritten, printed, or otherwise reproduced, and that the signature of the mayor upon the revenue bonds may be the mayor's manual signature. The coupons pertaining to the revenue bonds shall be executed with the lithographed or engraved facsimile signatures of the mayor and the director of finance. In the case of a board, for purposes of this section, the member thereof who is the presiding officer or, if authorized by the board, the executive director, and such other officer of the board as is provided by the board, shall be deemed the mayor and the director of finance. Pending the preparation of the definitive revenue bonds, interim receipts or certificates in such form and with such provisions as the governing body may determine may be issued.

(b) The revenue bonds bearing the signature of officers in office on the date of the signing thereof shall be valid and sufficient for all purposes, and shall have the same effect as if the persons officially signing the bonds had remained in office until the delivery of the revenue bonds to the initial purchasers thereof, and in the case of fully registered bonds upon any exchange or transfer between subsequent holders thereof notwithstanding that the term of office of the persons or any of them may have expired or they may otherwise have ceased to be officers before the delivery, exchange, or transfer. If the director of finance shall have designated a registrar for fully registered revenue bonds, the resolution authorizing the revenue bonds may provide that no fully registered revenue bond shall be valid or obligatory for any purpose unless certified or authenticated by the registrar. If the resolution provides, then all signatures of the officers of the county upon the fully registered revenue bonds may be facsimiles of the signatures, and the fully registered revenue bonds shall be valid and sufficient only if certified or authenticated by the manual signature of an authorized officer or signatory of such registrar. Any law to the contrary notwithstanding, if blanks of fully registered revenue bonds are held by a registrar pending exchange or transfer for other fully registered revenue bonds of the same series, then upon delivery of revenue bonds in an exchange or transfer, the revenue bonds shall be valid and sufficient for all purposes notwithstanding that the signatures of the officers of the county appearing thereon shall be that of the persons in office at the time of initial delivery of the revenue bonds or that of the persons in office at the time of the exchange or transfer. The validity of the revenue bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking or establishment or administration of the loan program authorized by law for which the revenue bonds are issued. The resolution authorizing the revenue bonds shall provide that the revenue bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. [L 1989, c 80, pt of §3]
Haw. Rev. Stat. § 46-1.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-1.5
General powers and limitation of the counties.
Status: in_force

Subject to general law, each county shall have the following powers and shall be subject to the following liabilities and limitations:

(1) Each county shall have the power to frame and adopt a charter for its own self-government that shall establish the county executive, administrative, and legislative structure and organization, including but not limited to the method of appointment or election of officials, their duties, responsibilities, and compensation, and the terms of their office;

(2) Each county shall have the power to provide for and regulate the marking and lighting of all buildings and other structures that may be obstructions or hazards to aerial navigation, so far as may be necessary or proper for the protection and safeguarding of life, health, and property;

(3) Each county shall have the power to enforce all claims on behalf of the county and approve all lawful claims against the county, but shall be prohibited from entering into, granting, or making in any manner any contract, authorization, allowance payment, or liability contrary to the provisions of any county charter or general law;

(4) Each county shall have the power to make contracts and to do all things necessary and proper to carry into execution all powers vested in the county or any county officer;

(5) Each county shall have the power to:

(A) Maintain channels, whether natural or artificial, including their exits to the ocean, in suitable condition to carry off storm waters;

(B) Remove from the channels, and from the shores and beaches, any debris that is likely to create an unsanitary condition or 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 public expense;

(C) Construct, acquire by gift, purchase, or by the exercise of eminent domain, reconstruct, improve, better, extend, and maintain projects or undertakings for the control of and protection against floods and flood waters, including the power to drain and rehabilitate lands already flooded;

(D) Enact zoning ordinances providing that lands deemed subject to seasonable, periodic, or occasional flooding shall not be used for residence or other purposes in a manner as to endanger the health or safety of the occupants thereof, as required by the Federal Flood Insurance Act of 1956 (chapter 1025, Public Law 1016); and

(E) Establish and charge user fees to create and maintain any stormwater management system or infrastructure; provided that no county shall charge against or collect user fees from the department of transportation in excess of $1,500,000 in the aggregate per year; provided further that no services shall be denied to the department of transportation by reason of nonpayment of the fees;

(6) Each county shall have the power to exercise the power of condemnation by eminent domain when it is in the public interest to do so;

(7) Each county shall have the power to exercise regulatory powers over business activity as are assigned to them by chapter 445 or other general law;

(8) Each county shall have the power to fix the fees and charges for all official services not otherwise provided for;

(9) Each county shall have the power to provide by ordinance assessments for the improvement or maintenance of districts within the county;

(10) Except as otherwise provided, no county shall have the power to give or loan credit to, or in aid of, any person or corporation, directly or indirectly, except for a public purpose;

(11) Where not within the jurisdiction of the public utilities commission, each county shall have the power to regulate by ordinance the operation of motor vehicle common carriers transporting passengers within the county and adopt and amend rules the county deems necessary for the public convenience and necessity;

(12) Each county shall have the power to enact and enforce ordinances necessary to prevent or summarily remove public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unoccupied lots. In connection with these powers, each county may impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the property owners fail, after reasonable notice, to comply with the ordinances. The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to each county's respective circumstances. The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property;

(13) Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State;

(14) Each county shall have the power to:

(A) Make and enforce within the limits of the county all necessary ordinances covering all:

(i) Local police matters;

(ii) Matters of sanitation;

(iii) Matters of inspection of buildings;

(iv) Matters of condemnation of unsafe structures, plumbing, sewers, dairies, milk, fish, and morgues; and

(v) Matters of the collection and disposition of rubbish and garbage;

(B) Provide exemptions for homeless facilities and any other program for the homeless authorized by part XVII of chapter 346, for all matters under this paragraph;

(C) Appoint county physicians and sanitary and other inspectors as necessary to carry into effect ordinances made under this paragraph, who shall have the same power as given by law to agents of the department of health, subject only to limitations placed on them by the terms and conditions of their appointments; and

(D) Fix a penalty for the violation of any ordinance, which penalty may be a misdemeanor, petty misdemeanor, or violation as defined by general law;

(15) Each county shall have the power to provide public pounds; to regulate the impounding of stray animals and fowl, and their disposition; and to provide for the appointment, powers, duties, and fees of animal control officers;

(16) Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined boundaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require, except that:

(A) Any property held for school purposes may not be disposed of without the consent of the superintendent of education;

(B) No property bordering the ocean shall be sold or otherwise disposed of; and

(C) All proceeds from the sale of park lands shall be expended only for the acquisition of property for park or recreational purposes;

(17) Each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State;

(18) Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of:

(A) Community promotion and public celebrations;

(B) The entertainment of distinguished persons as may from time to time visit the county;

(C) The entertainment of other distinguished persons, as well as, public officials when deemed to be in the best interest of the community; and

(D) The rendering of civic tribute to individuals who, by virtue of their accomplishments and community service, merit civic commendations, recognition, or remembrance;

(19) Each county shall have the power to:

(A) Construct, purchase, take on lease, lease, sublease, or in any other manner acquire, manage, maintain, or dispose of buildings for county purposes, sewers, sewer systems, pumping stations, waterworks, including reservoirs, wells, pipelines, and other conduits for distributing water to the public, lighting plants, and apparatus and appliances for lighting streets and public buildings, and manage, regulate, and control the same;

(B) Regulate and control the location and quality of all appliances necessary to the furnishing of water, heat, light, power, telephone, and telecommunications service to the county;

(C) Acquire, regulate, and control any and all appliances for the sprinkling and cleaning of the streets and the public ways, and for flushing the sewers; and

(D) Open, close, construct, or maintain county highways or charge toll on county highways; provided that all revenues received from a toll charge shall be used for the construction or maintenance of county highways;

(20) Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance;

(21) Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of succession of county officials in the event of a military or civil disaster;

(22) Each county shall have the power to sue and be sued in its corporate name;

(23) Each county shall have the power to:

(A) Establish and maintain waterworks and sewer works;

(B) Implement a sewer monitoring program that includes the inspection of sewer laterals that connect to county sewers, when those laterals are located on public or private property, after providing a property owner not less than ten calendar days' written notice, to detect leaks from laterals, infiltration, and inflow, any other law to the contrary notwithstanding;

(C) Compel an owner of private property upon which is located any sewer lateral that connects to a county sewer to inspect that lateral for leaks, infiltration, and inflow and to perform repairs as necessary;

(D) Collect rates for water supplied to consumers and for the use of sewers;

(E) Install water meters whenever deemed expedient; provided that owners of premises having vested water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises;

(F) Take over from the State existing waterworks systems, including water rights, pipelines, and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop, and improve the same; and

(G) For purposes of subparagraphs (B) and (C):

(i) "Infiltration" means groundwater, rainwater, and saltwater that enters the county sewer system through cracked, broken, or defective sewer laterals; and

(ii) "Inflow" means non-sewage entering the county sewer system via inappropriate or illegal connections;

(24) (A) Each county may impose civil fines, in addition to criminal penalties, for any violation of county ordinances or rules after reasonable notice and requests to correct or cease the violation have been made upon the violator. Any administratively imposed civil fine shall not be collected until after an opportunity for a hearing under chapter 91. Any appeal shall be filed within thirty days from the date of the final written decision. These proceedings shall not be a prerequisite for any civil fine or injunctive relief ordered by the circuit court;

(B) Each county by ordinance may provide for the addition of any unpaid civil fines, ordered by any court of competent jurisdiction, to any taxes, fees, or charges, with the exception of fees or charges for water for residential use and sewer charges, collected by the county. Each county by ordinance may also provide for the addition of any unpaid administratively imposed civil fines, which remain due after all judicial review rights under section 91-14 are exhausted, to any taxes, fees, or charges, with the exception of water for residential use and sewer charges, collected by the county. The ordinance shall specify the administrative procedures for the addition of the unpaid civil fines to the eligible taxes, fees, or charges and may require hearings or other proceedings. After addition of the unpaid civil fines to the taxes, fees, or charges, the unpaid civil fines shall not become a part of any taxes, fees, or charges. The county by ordinance may condition the issuance or renewal of a license, approval, or permit for which a fee or charge is assessed, except for water for residential use and sewer charges, on payment of the unpaid civil fines. Upon recordation of a notice of unpaid civil fines in the bureau of conveyances, the amount of the civil fines, including any increase in the amount of the fine which the county may assess, shall constitute a lien upon all real property or rights to real property belonging to any person liable for the unpaid civil fines. The lien in favor of the county shall be subordinate to any lien in favor of any person recorded or registered prior to the recordation of the notice of unpaid civil fines and senior to any lien recorded or registered after the recordation of the notice. The lien shall continue until the unpaid civil fines are paid in full or until a certificate of release or partial release of the lien, prepared by the county at the owner's expense, is recorded. The notice of unpaid civil fines shall state the amount of the fine as of the date of the notice and maximum permissible daily increase of the fine. The county shall not be required to include a social security number, state general excise taxpayer identification number, or federal employer identification number on the notice. Recordation of the notice in the bureau of conveyances shall be deemed, at such time, for all purposes and without any further action, to procure a lien on land registered in land court under chapter 501. After the unpaid civil fines are added to the taxes, fees, or charges as specified by county ordinance, the unpaid civil fines shall be deemed immediately due, owing, and delinquent and may be collected in any lawful manner. The procedure for collection of unpaid civil fines authorized in this paragraph shall be in addition to any other procedures for collection available to the State and county by law or rules of the courts;

(C) Each county may impose civil fines upon any person who places graffiti on any real or personal property owned, managed, or maintained by the county. The fine may be up to $1,000 or may be equal to the actual cost of having the damaged property repaired or replaced. The parent or guardian having custody of a minor who places graffiti on any real or personal property owned, managed, or maintained by the county shall be jointly and severally liable with the minor for any civil fines imposed hereunder. Any such fine may be administratively imposed after an opportunity for a hearing under chapter 91, but such a proceeding shall not be a prerequisite for any civil fine ordered by any court. As used in this subparagraph, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances;

(D) At the completion of an appeal in which the county's enforcement action is affirmed and upon correction of the violation if requested by the violator, the case shall be reviewed by the county agency that imposed the civil fines to determine the appropriateness of the amount of the civil fines that accrued while the appeal proceedings were pending. In its review of the amount of the accrued fines, the county agency may consider:

(i) The nature and egregiousness of the violation;

(ii) The duration of the violation;

(iii) The number of recurring and other similar violations;

(iv) Any effort taken by the violator to correct the violation;

(v) The degree of involvement in causing or continuing the violation;

(vi) Reasons for any delay in the completion of the appeal; and

(vii) Other extenuating circumstances.

The civil fine that is imposed by administrative order after this review is completed and the violation is corrected shall be subject to judicial review, notwithstanding any provisions for administrative review in county charters;

(E) After completion of a review of the amount of accrued civil fine by the county agency that imposed the fine, the amount of the civil fine determined appropriate, including both the initial civil fine and any accrued daily civil fine, shall immediately become due and collectible following reasonable notice to the violator. If no review of the accrued civil fine is requested, the amount of the civil fine, not to exceed the total accrual of civil fine prior to correcting the violation, shall immediately become due and collectible following reasonable notice to the violator, at the completion of all appeal proceedings; and

(F) If no county agency exists to conduct appeal proceedings for a particular civil fine action taken by the county, then one shall be established by ordinance before the county shall impose the civil fine;

(25) Any law to the contrary notwithstanding, any county mayor, by executive order, may exempt donors, provider agencies, homeless facilities, and any other program for the homeless under part XVII of chapter 346 from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate and grant the exemptions granted by this paragraph;

(26) Any county may establish a captive insurance company pursuant to article 19, chapter 431; and

(27) Each county shall have the power to enact and enforce ordinances regulating towing operations. [L 1988, c 263, §2; am L 1989, c 338, §1; am L 1990, c 135, §1; am L 1991, c 212, §2; am L 1993, c 168, §§1, 5; am L 1994, c 171, §§3, 4; am L 1995, c 236, §1; am L 1996, c 19, §§1, 2; am L 1997, c 350, §17; am L 1998, c 212, §3; am L 2001, c 194, §1; am L 2003, c 84, §2; am L 2005, c 163, §l; am L 2007, c 249, §6; am L 2010, c 89, §3; am L 2015, c 42, §2; am L 2018, c 130, §1; am L 2023, c 234, §1]
Haw. Rev. Stat. § 46-2.1 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-2.1
Comprehensive ordinance codes.
Status: repealed

All ordinances which have been duly enacted and not repealed by counties having a population in excess of 100,000 persons shall be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code which shall be published within one year after June5, 1970 and at least once every ten years thereafter.

Revision Note

"June5, 1970" substituted for "the passage of this Act".
Haw. Rev. Stat. § 54-20 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-20
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 and financial status of the board shall be examined annually by the county auditor who shall report thereon to the board. The board may, whenever necessary in connection with the issuance of any bonds, employ a certified public accountant to make an audit of the accounts and financial status of the board. [L 1961, c 155, pt of §1; Supp, §145A-10; HRS §54-20]
Haw. Rev. Stat. § 46-4 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-4
County zoning.
Status: in_force

(a) This section and any ordinance, rule, or regulation adopted in accordance with this section shall apply to lands not contained within the forest reserve boundaries as established on January 31, 1957, or as subsequently amended.

Zoning in all counties shall be accomplished within the framework of a long-range, comprehensive general plan prepared or being prepared to guide the overall future development of the county. Zoning shall be one of the tools available to the county to put the general plan into effect in an orderly manner. Zoning in the counties of Hawaii, Maui, and Kauai means the establishment of districts of such number, shape, and area, and the adoption of regulations for each district, to carry out the purposes of this section. In establishing or regulating the districts, full consideration shall be given to all available data as to soil classification and physical use capabilities of the land to allow and encourage the most beneficial use of the land consonant with good zoning practices. The zoning power granted in this section shall be exercised by ordinance, which may relate to:

(1) The areas within which agriculture, forestry, industry, trade, and business may be conducted;

(2) The areas in which residential uses may be regulated or prohibited;

(3) The areas bordering natural watercourses, channels, and streams, in which trades or industries, filling or dumping, erection of structures, and the location of buildings may be prohibited or restricted;

(4) The areas in which particular uses may be subjected to special restrictions;

(5) The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered;

(6) The location, height, bulk, number of stories, and size of buildings and other structures;

(7) The location of roads, schools, and recreation areas;

(8) Building setback lines and future street lines;

(9) The density and distribution of population;

(10) The percentage of a lot that may be occupied, size of yards, courts, and other open spaces;

(11) Minimum and maximum lot sizes;

(12) The time, place, manner, and duration in which uses of land and structures may take place; and

(13) Other regulations the boards or council of any county find necessary and proper to permit and encourage the orderly development of land resources within their jurisdictions.

The council of any county shall prescribe rules, regulations, and administrative procedures and provide personnel it finds necessary to enforce this section and any ordinance enacted in accordance with this section. The ordinances may be enforced by appropriate fines and penalties, civil or criminal, or by court order at the suit of the county or the owner or owners of real estate directly affected by the ordinances.

Any civil fine or penalty provided by ordinance under this section may be imposed by the district court, or by the zoning agency after an opportunity for a hearing pursuant to chapter 91. The proceeding shall not be a prerequisite for any injunctive relief ordered by the circuit court.

Nothing in this section shall invalidate any zoning ordinance or regulation adopted by any county or other agency of government pursuant to the statutes in effect before July 1, 1957.

The powers granted in this section shall be liberally construed in favor of the county exercising them, and in a manner that promotes the orderly development of each county or city and county in accordance with a long-range, comprehensive general plan to ensure the greatest benefit for the State as a whole. This section shall not be construed to limit or repeal any powers of any county to achieve these ends through zoning and building regulations, except insofar as forest and water reserve zones are concerned and as provided in subsections (c), (d), (g), and section 46-4.8.

Neither this section nor any ordinance enacted pursuant to this section shall prohibit the continued lawful use of any building or premises for any trade, industrial, residential, agricultural, or other purpose for which the building or premises is used at the time this section or the ordinance takes effect; provided that a zoning ordinance may provide for elimination of nonconforming uses as the uses are discontinued, or for the amortization or phasing out of nonconforming uses or signs over a reasonable period of time in commercial, industrial, resort, and apartment zoned areas only. In no event shall the amortization or phasing out of nonconforming uses apply to any existing building or premises used for residential (single-family or duplex) or agricultural uses; provided that uses that include the furnishing or offering of transient accommodations shall not be considered residential or agricultural uses and may be phased out or amortized in any zoning district by county zoning regulations; provided further that a zoning ordinance may provide that transient accommodations may be furnished to a transient for a period of less than one hundred eighty consecutive days. Nothing in this section shall affect or impair the powers and duties of the director of transportation as set forth in chapter 262.

For purposes of this subsection, "transient accommodations" has the same meaning as defined in section 237D-1. "Transient accommodations" includes uses that require the payment of transient accommodations taxes.

(b) Any final order of a zoning agency established under this section may be appealed to the circuit court of the circuit in which the land in question is found. The appeal shall be in accordance with the Hawaii rules of civil procedure.

(c) Except as provided in section 46-4.8, each county may adopt reasonable standards to allow the construction of two single-family dwelling units on any lot where a residential dwelling unit is permitted.

(d) Neither this section nor any other law, county ordinance, or rule shall prohibit group living in facilities with eight or fewer residents for purposes or functions that are licensed, certified, registered, or monitored by the State; provided that a resident manager or a resident supervisor and the resident manager's or resident supervisor's family shall not be included in this resident count. These group living facilities shall meet all applicable county requirements not inconsistent with the intent of this subsection, including but not limited to building height, setback, maximum lot coverage, parking, and floor area requirements.

(e) Neither this section nor any other law, county ordinance, or rule shall prohibit the use of land for employee housing and community buildings in plantation community subdivisions as defined in section 205-4.5(a)(12); in addition, no zoning ordinance shall provide for the elimination, amortization, or phasing out of plantation community subdivisions as a nonconforming use.

(f) Neither this section nor any other law, county ordinance, or rule shall prohibit the use of land for medical cannabis production centers or medical cannabis dispensaries established and licensed pursuant to chapter 329D; provided that the land is otherwise zoned for agriculture, manufacturing, or retail purposes.

(g) Notwithstanding any other law, county charter, county ordinance, or rule , any administrative authority to accept, reject, and approve or deny any application for subdivision, consolidation, or resubdivision of a parcel of land that has been fully zoned for residential use within the state urban district designated pursuant to section 205-2 shall be vested with the director of the county agency responsible for land use or a single county officer designated by ordinance; provided that:

(1) The parcel of land being subdivided is not located on a site that is:

(A) Designated as important agricultural land pursuant to part III of chapter 205;

(B) On wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW2;

(C) Within a floodplain as determined by maps adopted by the Federal Emergency Management Agency;

(D) A habitat for protected or endangered species;

(E) Within a state historic district:

(i) Listed on the Hawaii register of historic places or national register of historic places;

(ii) Listed as a historic property on the Hawaii register of historic places or the national register of historic places; or

(iii) During the period after a nomination for listing on the Hawaii register of historic places or national register of historic places is submitted to the department of land and natural [resources'] state historic preservation division and before the Hawaii historic places review board has rendered a decision; or

(F) Within lava zone 1 or lava zone 2, as designated by the United States Geological Survey;

(2) Any approval under this subsection shall be consistent with all county zoning, development standards, and requirements pursuant to part II of chapter 205A; and

(3) This subsection shall not apply to county powers within special management areas delineated pursuant to part II of chapter 205A.

Neither this subsection, any permit issued in accordance with this subsection, or structures developed pursuant to this subsection shall create any vested rights for any applicant, permit holder, or land owner. [L 1957, c 234, pt of §6 and §9; am L Sp 1959 2d, c 1, §§26, 38; am L 1965, c 140; Supp, §138-42; HRS §46-4; am L 1980, c 203, §1; am L 1981, c 229, §2; am L 1982, c 54, §5; am L 1985, c 272, §3; am L 1986, c 177, §1; am L 1987, c 109, §2, c 193, §1, and c 283, §4; am L 1988, c 141, §§5, 6 and c 252, §1; am L 1989, c 313, §1; am L 1990, c 67, §3; am L 1997, c 350, §15; am L 2004, c 212, §2; am L 2005, c 139, §3; am L 2006, c 237, §2; am L 2007, c 249, §7; am L 2011, c 220, §§9, 10; am L 2014, c 193, §7; am L 2015, c 241, §3; am L 2017, c 170, §2; am L 2024, c 17, §2 and c 39, §3]
Haw. Rev. Stat. § 49-8 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-8
Support facility for variable rate revenue bonds.
Status: in_force

If revenue bonds issued pursuant to this chapter are issued bearing interest at a rate or rates which vary from time to time and with a right of holders to tender the revenue bonds for purchase, the governing body may authorize the director of finance to contract for such support facility or facilities and remarketing arrangements as are required to market the revenue bonds to the greatest advantage of the county upon such terms and conditions as deemed necessary and proper. The director of finance may enter into contracts or agreement 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 payable solely from the revenue of the undertaking or loan program and any obligation issued or arising pursuant to the terms of the contract or agreement in the form of bonds, notes, or other evidences of 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 revenue bonds issued pursuant to this chapter; or

(2) A like principal amount of the issue or series of revenue 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 §3]
Haw. Rev. Stat. § 46-165 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-165
Other rights not affected.
Status: in_force

Nothing in this part shall be construed to invalidate any provision relating to the transference or purchase of development rights heretofore or hereafter adopted by any county.
Haw. Rev. Stat. § 46-50 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-50
Short term investment of county moneys.
Status: in_force

(a) The director of finance of each county may, with the approval of the legislative body, invest county moneys that are in excess of the amounts necessary for the meeting of immediate requirements when in the judgment of the legislative body the action will not impede or hamper the necessary financial operations of the county in:

(1) Bonds or interest-bearing notes or obligations:

(A) Of the county;

(B) Of the State;

(C) Of the United States; or

(D) Of agencies of the United States for which the full faith and credit of the United States are pledged for the payment of principal and interest;

(2) Federal Farm Credit System notes and bonds;

(3) Federal Agricultural Mortgage Corporation notes and bonds;

(4) Federal Home Loan Bank notes and bonds;

(5) Federal Home Loan Mortgage Corporation bonds;

(6) Federal National Mortgage Association notes and bonds;

(7) Securities of a mutual fund whose portfolio is limited to bonds or securities issued or guaranteed by the United States or an agency thereof;

(8) Tennessee Valley Authority notes and bonds;

(9) Repurchase agreements fully collateralized by any such bonds or securities;

(10) Federally insured savings accounts;

(11) Time certificates of deposit;

(12) Certificates of deposit open account;

(13) Bonds of any improvement district of any county of the State; provided that the bonds are of investment grade or supported by the general obligation pledge of the county in which the improvement district is located;

(14) Bank, savings and loan association, and financial services loan company repurchase agreements;

(15) Student loan resource securities including:

(A) Student loan auction rate securities;

(B) Student loan asset-backed notes;

(C) Student loan program revenue notes and bonds; and

(D) Securities issued pursuant to Rule 144A of the Securities Act of 1933, including any private placement issues;

issued with either bond insurance or overcollateralization guaranteed by the United States Department of Education; provided all insurers maintain a triple-A rating by Standard & Poor's, Moody's, Duff & Phelps, Fitch, or any other major national securities rating agency;

(16) Commercial paper with an A1/P1 or equivalent rating by any national securities rating service;

(17) Bankers' acceptances with an A1/P1 or equivalent rating by any national securities rating service; and

(18) Securities of a money market fund that is rated AAA, or its equivalent, by a nationally recognized rating agency or whose portfolio consists of securities that are rated as first tier securities by a nationally recognized statistical rating organization as provided in title 17 Code of Federal Regulations section 270.2a-7;

provided the investments are due to mature not more than five years from the date of investment. The income derived therefrom shall be deposited in the fund or funds that the legislative body shall direct; provided that if any money invested under this section belongs to any waterworks fund, then any income derived therefrom shall be paid into and credited to the fund.

(b) Except with respect to an early withdrawal penalty on an investment permitted by this section, the amount of such penalty being mutually agreed at the time of acquisition of such investment, no investment permitted by this section shall require or may in the future require payments by the county, whether unilateral, reciprocal, or otherwise, including margin payments, or shall bear interest at a variable rate which causes or may cause the market price of such investment to fluctuate; provided that such limitation shall not apply to money market mutual funds which:

(1) Invest solely in:

(A) Direct and general obligations of the United States of America; or

(B) Obligations of any agency or instrumentality of the United States of America, the payment of the principal and interest on which are unconditionally guaranteed by the full faith and credit of the United States of America;

(2) Are rated at the time of purchase "AAAm-G" or its equivalent by Standard & Poor's Ratings Group; and

(3) Are open-end management investment companies regulated under the Investment Company Act of 1940, as amended, which calculate their current price per share pursuant to Rule 2a-7 (title 17 Code of Federal Regulations section 270.2a-7) promulgated under such act.

(c) Furthermore, a county shall not acquire any investment or enter into any agreement in connection with the acquisition of any investment or related to any existing investment held by the county, which would require or may in the future require any payment by the county, whether unilateral, reciprocal, or otherwise, such as swap agreements, hedge agreements, or other similar agreements. For purposes of this subsection, payment for a swap agreement or hedge agreement means any payment made by the county in consideration or in exchange for a reciprocal payment by any person, including a variable rate payment in exchange for a fixed rate payment, a fixed rate payment in exchange for a variable rate payment, a payment when a cap or a floor amount is exceeded, or other similar payment. [L 1945, c 43, pt of §1; RL 1955, §138-15; am L 1965, c 40, §1; am L 1976, c 86, §1; HRS §46-50; am L 1998, c 297, §1; am L 2007, c 24, §1; am L 2017, c 193, §1]
Haw. Rev. Stat. § 46-15.3 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-15.3
Regulation of adult family boarding home and care home.
Status: in_force

(a) For the purpose of regulation under a county's life safety code, building code, fire code, or any other ordinance of similar purpose, a licensed adult family boarding home or licensed care home that provides living accommodations for:

(1) The operator of the home and operator's family; and

(2) Up to six other persons, not more than three of whom are incapable of self-preservation because of age or physical or mental limitations,

shall be deemed a single-family dwelling occupied by a family.

(b) For the purpose of this section:

"Building code" means an ordinance the purpose of which is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the county's jurisdiction and certain equipment specifically regulated by the ordinance.

"Fire code" means an ordinance adopted under section 132-3 or an ordinance intended to prescribe regulations consistent with recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials, and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises.

"Licensed adult family boarding home" means an adult family boarding home licensed under chapter 346, part IV.

"Licensed care home" means a care home licensed under section 321-15.6.

"Life safety code" means an ordinance the purpose of which is to establish minimum requirements that will provide a reasonable degree of safety from fire in buildings and structures. [L 1985, c 302, §1; am L 2006, c 270, §1]
Haw. Rev. Stat. § 54-12 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-12
Board of water supply.
Status: in_force

If a county does not have an existing board of water supply, there shall be a board of water supply for each county consisting of seven members of whom five shall be nominated, and by and with the advice and consent of the council, appointed by the mayor, one of whom shall be the state district engineer of the state department of transportation and one of whom shall be the chief engineer of the respective county.

No employee or officer of any county shall be eligible to serve as a board member, except as otherwise provided herein.

The members of the board shall serve without pay, but shall be reimbursed for their reasonable expenses incurred in the discharge of their duties as members of the board.

The term of office of each appointed member of the board shall be five years from the date of the member's appointment; provided that of the initial members one shall be appointed for a term to expire on January1, 1963; one for a term to expire on January1, 1964; one for a term to expire on January1, 1965; one for a term to expire on January1, 1966; and one for a term to expire on January1, 1967. Any vacancy occurring on the board shall be filled in accordance with the foregoing provisions for the unexpired portion of the term concerned. [L 1961, c 155, pt of §1; Supp, §145A-2; am imp L 1967, c 80, §1; HRS §54-12; gen ch 1985]
Haw. Rev. Stat. § 46-19.6 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-19.6
[OLD] REPEALED.
Status: in_force

L 1994, c 168, §2.

[§46-19.6] County building permits; incorporation of energy and environmental design building standards in project design; priority processing. (a) Each county agency that issues building, construction, or development-related permits shall establish a procedure for the priority processing of a permit application submitted by a private entity for a construction project that incorporates energy and environmental design building standards into its project design. The permit processing procedure shall give priority to private sector permit applicants at no additional cost to the applicant. Any priority permit processing procedure established by a county pursuant to this section shall not imply or provide that any permit application filed under the priority processing procedure shall be automatically approved.

(b) For the purposes of this section:

"Energy and environmental design building standards" means the leadership in energy and environmental design silver or two green globes rating system or another comparable state‑approved, nationally recognized, and consensus‑based guideline, standard, or system.

"Private entity" means any permit applicant that is not the State, a county, the federal government, or any political subdivision thereof. [L 2006, c 96, §29]
Haw. Rev. Stat. § 49-13 — HI Code / Division 1 / Title 6 / Chapter 49 / Section 49-13
Revenue bonds not a general or moral obligation of the county.
Status: in_force

Unless otherwise provided in this section, revenue bonds issued under this chapter shall be payable solely from and secured by the revenue, or the user taxes, or combination of both, pledged to the payment thereof, of the undertaking or loan program for which the revenue bonds have been issued, or secured solely by and payable from a special fund to be maintained from the revenue, or user taxes, or combination of both, pledged to the special fund, and shall not constitute a general or moral obligation of the county or a charge upon the general fund of the county, nor shall the full faith and credit of the county be pledged to the payment of the principal and interest thereof. Revenue bonds issued for the purpose of establishing and administering a loan program authorized by law may also be secured by a pledge of all or a portion of undertakings, mortgages, and other obligations held by the county as security for a loan made under the program. Each revenue bond issued under this chapter shall recite in substance that the revenue bonds and the interest thereon are payable from and secured by the revenue, or the user taxes, or combination of both, pledged to the payment thereof, of the undertaking or loan program for which the revenue bond is issued, or secured by and payable from a special fund to be maintained from the revenue, or user taxes, or combination of both, pledged to the special fund, and that the revenue bond is not a general or moral obligation of the county and the full faith and credit of the county are not pledged to the payment of the principal and interest.
Haw. Rev. Stat. § 46-19.4 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-19.4
Priority permitting process for renewable energy projects.
Status: in_force

[§46-19.4 Priority permitting process for renewable energy projects.] All agencies shall provide priority handling and processing for all county permits required for renewable energy projects.

For purposes of this section, "agencies" means any executive department, independent commission, board, bureau, office, or other establishment of a county, or any quasi-public institution that is supported in whole or in part by county funds. [L 2007, c 205, §2]
Haw. Rev. Stat. § 53-53 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-53
Powers with respect to urban renewal.
Status: in_force

A redevelopment agency shall have all the powers necessary or convenient to undertake and carry out all urban renewal plans and urban renewal projects, including the authority to acquire and dispose of property, to issue bonds and other obligations, to borrow and accept grants from the federal government or any other source, and to exercise the other powers which this chapter confers on an agency with respect to redevelopment projects. For the purposes of this part in connection with the planning and undertaking of any urban renewal plan or urban renewal project, the agency, the county, and all public and private officers, agencies, and bodies shall have all the rights, powers, privileges, and immunities which they have with respect to a redevelopment plan or redevelopment project, in the same manner as though all of the provisions of part I of this chapter applicable to a redevelopment plan or redevelopment project were therein expressly made applicable to an urban renewal plan or urban renewal project; and for such purposes as used in part I and in this part elsewhere than in this section, except where the context clearly indicates such meaning to be inappropriate or as otherwise expressly provided in this section:

(1) The word "redevelopment" (elsewhere than in section 53-1) means "urban renewal";

(2) The word "slum" and the word "blighted" (elsewhere than in section 53-1) mean "blighted, deteriorated, or deteriorating";

provided (A) that nothing in this part shall be deemed to change the meaning of the terms "local redevelopment agency" or "agency," or the corporate name of any local redevelopment agency; and (B) that the finding by the council that the project area is a blighted area prescribed by section 53-6 shall not be required.

In addition to the surveys and plans which an agency otherwise may make, an agency may make (1) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements, and (2) plans for the enforcement of laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements. The agency may develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and other urban blight. [L 1955, c 271, pt of §1; RL 1955, §143-53; HRS §53-53; am L 1999, c 18, §2]
Haw. Rev. Stat. § 54-61 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-61
Bond sales.
Status: in_force

The sale of bonds for purposes of the board of water supply shall be subject to the approval of the council of the county; when approved by the council, the treasurer of the county shall sell any bonds that are authorized for the acquisition, construction, replacement, extension, or completion of any of the waterworks and water systems under the jurisdiction of the board of water supply; provided that the sales shall otherwise be conducted in accordance with the procedure specified by law for the sale of the bonds. The proceeds from the sales shall be kept by the county treasurer in a special fund to be used only for the purpose or purposes for which the bonds are sold.
Haw. Rev. Stat. § 46-2.2 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-2.2
Publication of supplements.
Status: in_force

Comprehensive ordinance codes published pursuant to section 46-2.1 shall be updated at least once a year by either of the following methods:

(1) By the publication of a cumulative pocket part supplement which shall be appropriately indexed and shall contain all ordinances enacted subsequent to the publication of the preceding comprehensive ordinance code; or

(2) By a supplement or supplements in looseleaf form, the pages of which are intended to replace existing pages or to be added thereto in appropriate positions within the comprehensive ordinance code. In the event the supplements are in looseleaf form, such supplements shall contain all ordinances enacted subsequent to the last preceding looseleaf supplement and shall also include appropriate amendment pages to the index contained in the comprehensive ordinance code. [L 1970, c 46, §2; am L 1990, c 60, §2]
Haw. Rev. Stat. § 53-38 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-38
Tax exemption.
Status: in_force

Where and so long as the major portion of a redevelopment project of a redevelopment corporation is composed of residential units and the rents for the residential units are reasonable as compared with prevailing rental levels for comparable accommodations, the land and improvements in the project shall be exempted (1) for ten years from the date of acquisition of such project by the redevelopment corporation, from real property taxes, other than assessments for local improvements in excess of the total real property taxes paid upon the land and improvements for the year prior to the commencement of proceedings by the agency for the acquisition of the lands and improvements; and (2) for the next succeeding fifteen-year period following such ten-year period, from real property taxes on fifty per cent of the assessed valuation of the property and improvements; provided that:

(A) Where the cost of acquisition of the land and improvements in the redevelopment project by the redevelopment corporation is at least ninety per cent of the cost of acquisition, clearing and improvement of the land and improvements by the redevelopment agency, the tax exemption granted under clause (1) of this section shall be for fifteen years from the date of acquisition of the project by the redevelopment corporation, with no further exemption thereafter, except that, if the net earnings from the project for the last five of the fifteen-year period, above expenses, taxes, assessments, and depreciation or amortization (as provided in section 53-27), available for payment of interest and dividends, shall be less than three per cent of the total actual final cost of the project (as defined by [paragraph] (2) of section 53-32), then the tax exemption granted under this proviso (A) shall be extended for an additional ten years; and

(B) No such tax exemption shall be allowed for any land and improvements which are used for commercial, industrial, or any other nonresidential purposes. [L 1949, c 379, §21; am L 1951, c 244, §9; am L 1955, c 271, §1(m); RL 1955, §143-37; am L 1959, c 44, §6; HRS §53-38]
Haw. Rev. Stat. § 46-15.02 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-15.02
[ §46-15.
Status: in_force

[ §46-15.02] Affordable multi-family rental housing; experimental and demonstration housing projects; redevelopment. (a) Notwithstanding any other law to the contrary, if an affordable multi-family rental housing project that was originally developed as an experimental and demonstration housing project pursuant to section 46-15 has been substantially destroyed as a result of a disaster from a wildfire, hurricane, or earthquake proclaimed by the governor to constitute a state of emergency under chapter 127A:

(1) Any ordinance approved by a county for the initial construction of the experimental and demonstration housing project shall remain valid and relevant and continue to be in full force and effect with respect to the rebuilding of the project in accordance with this section;

(2) The director of a county planning department in the respective county or any other state or county agency authorized to issue a permit or approval required for the rebuilding of the project may amend or modify the final plans and specifications of the experimental and demonstration housing project to incorporate cost-effective best industry practices that include advances in building design, materials, construction types, or methods; provided that any modification shall adhere to principles that emphasize community, history, culture, future resilience, and the safety and well-being of the project's occupants; provided further that the modifications shall not impose requirements or conditions that unreasonably increase rebuilding or future operating costs; and

(3) Notwithstanding any termination of the applicable emergency proclamation before the completion of construction, the experimental and demonstration housing project shall not be subject to any specific provisions of law suspended pursuant to the emergency proclamation issued under section 127A-13, if an application for the initial permit or approval to commence rebuilding of the project has been submitted to the county planning department, the department or office of housing of a county, or any other relevant agency of the state or applicable county before the end of the disaster emergency relief period; provided that the submitted application was deemed by the relevant state or county department or agency as complete.

(b) This section shall not apply to parcels on the shoreline or parcels impacted by waves, storm surges, high tide, or shoreline erosion. [L 2025, c 313, §2]
Haw. Rev. Stat. § 53-8 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-8
Acquisition of lands in redevelopment project.
Status: in_force

After the redevelopment plan is officially approved by the council, or after the thirty-day period has expired or, after the final dismissal or determination of any action, suit or proceeding, if filed (unless the determination holds that the proceedings with reference to the redevelopment plan or the plan are invalid), the redevelopment agency may proceed to acquire land in the redevelopment project.

Private real property in an area, needed for a redevelopment project, which is to be acquired pursuant to this part, may be acquired by the agency by condemnation or otherwise, including any property devoted to a public use, whether or not held in trust, notwithstanding that the property may have been previously acquired by condemnation or is owned by a public utility, it being hereby expressly determined that the public use in conformity with this part shall be deemed a superior public use; provided that real property belonging to a public utility may not be acquired without the approval of the public utilities commission or tribunal having regulatory power over the public utility.

The council may consent to the condemnation of property owned by the county, whether or not the property is held in trust, or may sell or lease to an agency any such property necessary or convenient for a redevelopment project, with or without right to assign or sublease and without public bidding, provided published notice of a meeting to consider the sale or lease is given and a public hearing is held by the council before the action. The term of any such lease shall not be limited by any provision of any other law limiting the period of time during which a lease or any renewal thereof may run.

An award of compensation shall not be increased by reason of any increase in the value of the real property caused by the assembly, clearance, or reconstruction, or proposed assembly, clearance or reconstruction for the purposes of this part of the real property in a redevelopment area.

A council, upon payment therefor or upon exchange for other lands, or without consideration, may convey to an agency land owned by the county in any street or public place which is duly closed or discontinued pursuant to the plan of a redevelopment project.

Public lands or lands owned by any other agency or instrumentality of the government, may, with the approval of the governor, be transferred to an agency by the officer, agency, or instrumentality authorized to convey the same upon payment therefor or upon exchange for other lands, or without consideration, notwithstanding any other law to the contrary.

The procedure upon condemnation by an agency shall be the same as that prescribed by the laws of the State for condemnation by a county except that the members of the agency shall be substituted for the council whenever mentioned in the laws, and that the proceeding shall be brought and title shall be acquired in the name of the agency.

In the event the improvements on any private real property located in any proposed redevelopment area (1) are destroyed by seismic wave, flood, fire, hurricane, earthquake, storm, volcanic activity, explosion, or other catastrophe, natural or of human origin, or (2) are declared by an appropriate state or local authority to be unsafe or unfit for human use or habitation, or (3) the owner or owners thereof are unable or unwilling to improve the property in accordance with the land uses in the proposed redevelopment plan and are willing to sell the property to the agency, the agency may, any provision of law to the contrary notwithstanding and in addition to any authority granted to it, acquire the private real property in the proposed redevelopment area by negotiated purchase from the owner or owners and undertake work thereon as provided in section 53-9, upon authorization from the council, by resolution of one reading to purchase the real property, regardless of the stage of development of the redevelopment plan therefor, whether or not the plan has been officially approved by the council or the period of thirty days following the approval has expired. The agency shall not sell, transfer, convey, or otherwise dispose of the real property, except in connection with first mortgages or other prior liens upon the real property to the federal government for the purpose of securing loans or advances of money made available to the agency, until the redevelopment plan is approved by the council, but if the plan is not approved by the council or is amended to exclude the acquired real property from the redevelopment area or the redevelopment plan is abandoned for any reason, the agency shall dispose of the real property, subject, however, to any first mortgage or other prior lien of the federal government upon the real property, by first offering the same to the former owner or owners for repurchase at the same price paid by the agency for the purchase thereof and if the owner or owners refuse or fail within a reasonable time to exercise the right of repurchase, then the same may be sold at public auction or in the manner provided by law.

Pursuant to section 101-5, the agency may take and acquire any right, interest, or estate less than a fee simple estate, which are necessary for the undertaking and execution of an urban redevelopment or renewal project and related activities under this chapter, including the acquisition of air space rights and the imposition of restrictions, covenants, and controls to assure the development of a continued use of project property in accordance with the redevelopment or renewal plan. [L 1949, c 379, pt of §4; am L 1951, c 244, pt of §3; RL 1955, §143-8; am L Sp 1960, c 5, §2; am L 1965, c 101, §1(h); HRS §53-8; gen ch 1993]
Haw. Rev. Stat. § 54-54 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-54
General management.
Status: in_force

The board of water supply shall, with the advice and consent of the council of the county, appoint a manager who shall have qualifications that the board deems necessary, and who shall have full power to administer the affairs of the waterworks and the water systems that are by this part placed under the control of the board. The manager shall be known as the manager of the board of water supply of the county of Hawaii, shall serve at the pleasure of the board, and shall be subject to the direction of the board.

The manager shall be subject to chapter 77.

The manager shall appoint subordinates, assistants, and employees that may be necessary for the proper conduct of the business of the board and the subordinates, assistants, and employees shall be subject to chapter 76.

The board may require a bond in an amount that it deems proper from any employee, which bond shall be duly conditioned for the faithful performance of the duties of the employee, and the board may provide that the premium on any bond be paid out of the revenues of the waterworks and water systems under the jurisdiction of the board.

The manager at a time that may be prescribed by the board, shall present to the board full annual reports of the principal transactions of the water supply system during the last completed year; which reports together with any recommendations that the board may think proper, shall be presented to the chairperson and executive officer of the council of the county and the council. [L 1949, c 86, §4; am L 1951, c 153, §1 and c 171, §1(1); RL 1955, §146-103; HRS §54-54; gen ch 1985, 1993; am L 1998, c 124, §3; am L 2000, c 253, §150]
Haw. Rev. Stat. § 54-63 — HI Code / Division 1 / Title 6 / Chapter 54 / Section 54-63
Rates.
Status: in_force

The board of water supply may fix and adjust rates and charges for the furnishing of water and for water services so that the revenues derived therefrom shall be sufficient to make the waterworks and water systems self-supporting and to meet all expenditures authorized by this part; the board may establish variable rates among the several districts of the county, or among the areas served by the individual water systems within the county, for the purpose of establishing charges as closely as possible to the necessary amount required for the maintenance and operation of the particular individual water systems; provided no rates and charges shall be fixed or adjusted prior to the holding by the board of a public hearing, public notice of which shall have been given not less than twenty days before the date set for the hearing. The notice shall state the time and place for the hearing and the proposed rates and charges to be considered thereat. The time within which the notice shall be given shall be computed by including the first day (the day of notice) and excluding the last day.
Haw. Rev. Stat. § 46-47 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-47
Franchise fees, disposition of.
Status: in_force

All moneys received by any county from any public utility corporation under the provisions of the franchise granted to the corporation shall be kept in the highway fund created by section 249-18 and expended on the construction, maintenance, improvement, and repair of public roads and highways of the county in which the same are received, including for the purposes of this section, the installation, maintenance, and repair of street lights and power, and other charges for street lighting purposes as well as the replacement of old street lights, and footpaths or sidewalks; provided that in the city and county of Honolulu the city council may provide for the maintenance of the traffic department, for other purposes and functions connected with the prevention of automobile accidents and preservation of safety upon the highways and streets in the city and county of Honolulu, and for the establishment and maintenance, under the direction of the police department, of one or more vehicle testing stations, from the moneys.
Haw. Rev. Stat. § 53-2 — HI Code / Division 1 / Title 6 / Chapter 53 / Section 53-2
Redevelopment agency; creation.
Status: in_force

(a) The council of a county by resolution may create a local redevelopment agency for the county, which shall be a county agency and a public body, corporate and politic, and shall consist of five members, appointed by the mayor, with the approval of the council, who shall be outstanding and public-spirited citizens and who shall have resided in the county for at least three years immediately preceding their appointment. The members of the agency shall serve for terms of five years each; provided that upon the initial appointment of the members of the agency, one member shall be appointed for a term of one year, the second member for a term of two years, the third member for a term of three years, the fourth member for a term of four years and a fifth member for a term of five years. Each vacancy shall be filled by the appointing power for the remainder of the unexpired term. No more than three of the members shall belong to the same political party.

(b) The appointing power which appoints a member may appoint an acting member to serve during the absence or inability to serve of such member, and the acting member shall, while so acting, have all of the powers of the member in whose place the acting member is temporarily appointed. Members shall hold over until their respective successors are appointed and qualify. Members shall receive no remuneration for their services except actual expenses incurred in the performance of their duties. No member shall hold any elective or other appointive office or position of the member's county. Each member shall be required to give bond in the sum of $15,000 for the faithful performance of the member's duties, and the agency may also require any of its subordinates to give bond, the premiums upon the bonds to be paid by the agency. [L 1949, c 379, pt of §4; am L 1951, c 244, §2; RL 1955, §143-3; am L 1957, c 64, §1; am imp L 1967, c 80, §1; HRS §53-2; gen ch 1985]
Haw. Rev. Stat. § 46-80.5 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-80.5
Special improvement district.
Status: in_force

(a) In addition and supplemental to the authority vested in the counties by sections 46-80 and 46-80.1, any county having a charter may enact an ordinance, and may amend the same from time to time, authorizing the creation of special improvement districts for the purpose of providing, financing, and coordinating federal, state, and county efforts to engage in:

(1) Supplemental maintenance and security services;

(2) Environmental research, restoration, and maintenance;

(3) Natural resource management;

(4) Natural hazard mitigation;

(5) Climate change and sea level rise adaptation; and

(6) Other improvements, services, and facilities within the special improvement district as the council of the county determines will improve environmental conditions, provide community benefits, and restore or promote business activity in the special improvement district and the making and financing of improvements therein.

Each separate special improvement district shall be established by a separate ordinance enacted as provided in the ordinance authorizing the creation of special improvement districts. The ordinance authorizing the creation of special improvement districts may permit the county to provide for a board or association, established pursuant to chapter 414D, to provide management of the special improvement district, and to carry out activities as may be prescribed by the ordinance authorizing the creation of special improvement districts and the ordinance establishing the special improvement district as permitted thereby.

(b) The county may levy and assess a special assessment on property located within the special improvement district to finance the maintenance and operation of the special improvement district and to pay the debt service on any bonds issued to finance improvements within the special improvement district. Notwithstanding any law to the contrary, in assessing property for a special assessment, the county may implement a methodology as the council of the county deems appropriate. The special assessment may be fixed in an amount or appropriated on a basis as the council of the county deems appropriate, and it shall not be essential that the property subject to the special assessment be improved or benefitted by the operation and maintenance of the special improvement district or any activity or improvement undertaken for, and financed by, the special improvement district.

(c) The county may issue and sell bonds to finance improvements within the special improvement district and the ordinance authorizing the creation of special improvement districts may provide the method, procedure, and type or types of security for those bonds. Each issue or series of bonds shall be authorized by ordinance separate from the ordinance establishing the special improvement district. The bonds shall be in amounts, in denomination or denominations, in form or forms, executed in a manner, payable in place or places and at time or times, bear interest at rate or rates (either fixed or variable), mature on date or dates and provide terms and conditions of redemption, provide security (including the pledge of proceeds of the bonds, special assessments, and the lien therefor), provide for credit enhancement, if any, administration, terms of investment of proceeds of the bonds and special assessment receipts, provide terms of default and remedy, and other terms and conditions, as the council of the county deems necessary or proper. The bonds may be sold in a manner and at price or prices as the council of the county shall determine. Bonds issued pursuant to this section and the interest thereon and other income therefrom shall be exempt from any and all taxation by the State or any county or other political subdivision, except inheritance, transfer, and estate taxes.

(d) Notwithstanding any other law to the contrary, no action or proceeding to object to or question the validity of or enjoining any ordinance, action, or proceeding permitted by this section (including the liability for or the determination of the amount of any special assessment levied or the imposition thereof), or any bonds issued or to be issued pursuant to an ordinance enacted as permitted by this section, shall be maintained unless begun within thirty days of the enactment of the ordinance, determination, or other act, as the case may be and, in the case of the assessment, whether the determination or levy, within thirty days after adoption of the ordinance authorizing or amending the assessment formula and, in the case of bonds, within thirty days after enactment of the ordinance authorizing the issuance of the bonds.

(e) Exemptions.

(1) Property owned by the state or county governments or entities, may be exempt from the assessment except as provided in paragraph (3);

(2) Property owned by the federal government or entities, shall be exempt from the assessment except as provided in paragraph (3);

(3) If a public body owning property, including property held in trust for any beneficiary, which is exempt from an assessment pursuant to paragraphs (1) and (2), grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the assessment, notwithstanding paragraphs (1) and (2), shall be levied on the leasehold or possessory interest and shall be payable by the lessee;

(4) The redevelopment of the Ala Wai boat harbor shall be exempt from the assessment and any special improvement district requirements authorized by subsection (a); and

(5) No other properties or owners shall be exempt from the assessment unless the properties or owners are expressly exempted in the ordinance establishing a district adopted pursuant to this section or amending the rate or method of assessment of an existing district.

(f) The assessments levied pursuant to the ordinance authorizing the creation of special improvement districts, the ordinance establishing a district, and this section shall be a lien upon the property assessed. The lien shall have priority over all other liens except the lien of general real property taxes and shall be on a parity with the lien of assessments levied under sections 46-80 and 46-80.1.

(g) Any board or association established for the purposes of carrying out the activities described in this section shall not be deemed a governmental body. The board and association shall neither be deemed to be a government department, agency, or a county nor to be performing services on behalf of a government department, agency, or county. [L 1999, c 107, §1; am L 2002, c 40, §2; am L 2011, c 197, §3; am L 2022, c 208, §2]
Haw. Rev. Stat. § 48E-9 — HI Code / Division 1 / Title 6 / Chapter 48E / Section 48E-9
Powers with respect to and security for special purpose revenue bonds.
Status: in_force

In order to secure the payment of any of the special purpose revenue bonds issued pursuant to this chapter, and interest thereon, or in connection with such bonds, a county shall have the power as to such bonds:

(1) To pledge all or any part of the receipts derived by the county from the project agreement to the punctual payment of special purpose revenue bonds issued for the pollution control project financed from the proceeds thereof, and interest thereon, and to covenant against thereafter pledging any such receipts to any other bonds or any other obligations of the county for any other purpose, except as otherwise provided in the ordinance providing for the issuance of additional special purpose revenue bonds to be equally and ratably secured by a lien upon such revenues;

(2) To pledge and assign the project agreement and other agreements related thereto rights, duties, and obligations of the county thereunder, including the right to receive revenues thereunder;

(3) To covenant as to the use and disposition of the proceeds from the sale of such bonds;

(4) To covenant to set aside or pay over reserves and sinking funds for such bonds and as to the disposition thereof;

(5) To covenant and prescribe as to what happenings or occurrences shall constitute "events of default" and the terms and conditions upon which any or all of such bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;

(6) To covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, conditions, or obligation;

(7) If deemed necessary or advisable by the director of finance, to designate a national or state bank or trust company within or without the State to serve as trustee for the holders of the special purpose revenue bonds and to enter into a trust indenture or trust agreement or indenture of mortgage with such trustee. The trustee may be authorized to receive and receipt for, hold, and administer the proceeds of the special purpose revenue bonds issued for the pollution control project and to apply the proceeds to the purposes for which such bonds are issued, or to receive and receipt for, hold, and administer the revenues and other receipts derived by the county under the project agreement and to apply such revenues and receipts to the payment of the principal of, or interest on such special purpose revenue bonds, or both. If a trustee is appointed, any trust indenture, trust agreement, or indenture of mortgage entered into with the trustee may contain any covenants and provisions as may be deemed necessary, convenient, or desirable by the director in order to secure such bonds. The county may pledge and assign to the trustee the project agreement and other agreements related thereto and the rights of the county thereunder, including the rights to revenues and receipts thereunder. If the director of finance appoints a trustee for the holders of the special purpose revenue bonds, the director may elect not to serve as fiscal agent for the payment of the principal and interest, and for the purchase, registration, transfer, exchange, and redemption, of the special purpose revenue bonds, or may elect to limit the functions the director performs as such fiscal agent. The director may appoint the trustee to serve as the fiscal agent, and may authorize and empower the trustee to perform such functions with respect to such payment, purchase, registration, transfer, exchange, and redemption, as the director deems necessary, advisable, or expedient, including, without limitation, the holding of the special purpose revenue bonds and coupons which have been paid and the supervision and conduction or the destruction thereof in accordance with law;

(8) If a trustee is not appointed pursuant to paragraph (7), to hold such proceeds or revenues and receipts, as the case may be, in a separate account in the treasury of the county, to be applied solely to the carrying out of the ordinance, trust indenture, trust agreement, or indenture of mortgage, if any, authorizing or securing such special purpose revenue bonds;

(9) To execute all instruments necessary or convenient in the exercise of the powers granted by this chapter or in the performance of its covenants and duties; and

(10) To make such covenants and do any and all such acts and things as may be necessary or convenient or desirable in order to secure such bonds, or in the discretion of the governing body of the county, which tend to make such bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated in this chapter; it being the purpose hereof to give each county the power to do all things in the issuance of such bonds and for their security that may be consistent with the constitution of the State of Hawaii. [L 1983, c 237, pt of §2]
Haw. Rev. Stat. § 46-65.7 — HI Code / Division 1 / Title 6 / Chapter 46 / Section 46-65.7
Ala Wai golf course.
Status: in_force

The fair commission of Hawaii is abolished and the functions and authority of the fair commission of Hawaii relating to the Ala Wai golf course are transferred to the city and county of Honolulu, together with the use and control of all lands, property, and facilities under its jurisdiction; provided that the lands, property, and facilities shall be used for the purposes of operating a municipal golf course; and provided further that the governor may by executive order transfer the use and control of the lands, property, and facilities or any part of the lands, property, and facilities to the appropriate department or agency of the State designated by the governor upon the giving of six months' written notice before the date of the transfer back to the State to the city and county of Honolulu. [L Sp 1959 2d, c 1, §29; Supp, §14A-28; HRS §70-122; ren and am L 1988, c 263, pt of §8; am L Sp 1993, c 7, §9]
Haw. Rev. Stat. § 47-13 — HI Code / Division 1 / Title 6 / Chapter 47 / Section 47-13
Exemption from taxes; first charge on general fund.
Status: in_force

All bonds heretofore or hereafter issued under the authority of this chapter and the income therefrom shall be exempt from any and all taxation by the State or any county or other political subdivision thereof, except inheritance, transfer, and estate taxes.

The interest and principal payments of bonds issued under this chapter shall be a first charge on the general fund of the county issuing same, and sufficient revenues shall be raised or provided from time to time by the county for the purpose of that payment. The governing body of any county issuing bonds under this chapter shall appropriate out of the general fund of the county all amounts necessary for the payment of the principal of and interest on the bonds as and when the same become due, and the appropriation shall be a paramount appropriation upon the general fund of the county issuing same. [L 1989, c 80, pt of §2]
Haw. Rev. Stat. § 56-3 — HI Code / Division 1 / Title 6 / Chapter 56 / Section 56-3
Leasing of space for commercial purposes.
Status: in_force

[§56-3 Leasing of space for commercial purposes.] The council of any county may require the finance director of the county to lease space within public off-street parking facilities for commercial purposes under the following circumstances:

(1) Whenever the council deems it in the public interest and convenient or necessary in order to utilize properly the property as an off-street parking facility, it may require the leasing of space in any of the facilities for use by the lessee for the sale of gasoline and petroleum products, the sale of automobile accessories, automobile repair or service, or any other garage and fueling services.

(2) Whenever the council deems it necessary and feasible for the financing or operation of public off-street parking facilities, it may require the leasing of portions of the facilities for any commercial use. [L 1970, c 173, pt of §1]
Haw. Rev. Stat. § 50-10 — HI Code / Division 1 / Title 6 / Chapter 50 / Section 50-10
Publication and submission to electors.
Status: in_force

The county clerk shall provide for the submission of the proposed charter with any alternatives, as provided by section 50-9, to the qualified electors of the county for approval at a general election or special election to be held on the date determined by the charter commission; provided the special election shall not be held within thirty days before the closing of the date for filing nominations for regular county elections. The commission shall provide for the publication of the proposed charter with any alternatives twenty-one days before the election, in a newspaper of general circulation within the county.

The form of ballot shall be prepared for the county clerk by the commission. The form of the ballot, including such explanatory material as may be necessary, shall be substantially as follows:

Shall the proposed charter of the

County of ............... be adopted? Yes No

In the event alternatives are included in the ballot, the alternatives, including such explanatory material as may be necessary, shall be submitted in substantially the following form:

Shall the proposed charter of the

County of .......... with alternative

No. .......... (here state the substance

of the alternative) be adopted? Yes No

Each elector may vote for the proposed charter and for any proposed alternative. Blank ballots and spoiled ballots shall not be counted in determining the majority of the votes. Any proposition receiving a majority of the votes cast at the charter election shall be considered approved by the electors. If the proposed charter and any of the proposed alternatives receive a majority of the votes cast at the election, the proposition receiving the larger majority shall supersede the proposition with the smaller majority. The laws and rules governing elections, so far as applicable and not inconsistent with this chapter, shall apply to elections held pursuant to this chapter.

Upon adoption, the charter shall become the organic law of the county and shall supersede any existing charter and all laws affecting the organization and government of the county which are in conflict therewith. [L 1963, c 73, pt of §2; am L 1965, c 65, §1(3); Supp, §143A-10; am L 1967, c 235, §1(4); HRS §50-10]