reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-81.5 Rapid transportation authority; certification statement.

§40-81.5 Rapid transportation authority; certification statement.
(a) Beginning on September 5, 2017, and ending on December 31, 2031, the comptroller, upon the request for payment by the rapid transportation authority, shall verify that the authority's invoices for the capital costs of a locally preferred alternative for a mass transit project comply with section 46-16.8(f).
(b) The rapid transportation authority subject to this section shall provide the comptroller with:
(1) The authority's financial plan and related systems for accounting, including a budget for a locally preferred alternative for a mass transit project;
(2) Expenditures for capital costs for a locally preferred alternative for a mass transit project;
(3) Expenditures for personnel costs, lease rent, and any other costs associated with the authority's management and operations; and
(4) Any other information the comptroller may require to accomplish the purpose of this section.
(c) After submission of invoices by the rapid transportation authority for capital costs of a locally preferred alternative for a mass transit project are verified by the comptroller as an acceptable use of funds received pursuant to a surcharge on state tax authorized pursuant to section 46-16.8, the comptroller shall submit a certification statement, including any appropriate supporting documents, to the department of budget and finance for the allocation of funds, if available, pursuant to sections 248-2.7 and 248-2.6(d). The certification statement shall include, at a minimum, the total amount contained in the invoices for capital costs that are verified as an appropriate use of funds pursuant to section 46-16.8(f).
(d) The comptroller may establish rules, exempt from chapter 91, for the purposes of this section.
(e) For the purposes of this section, "rapid transportation authority" means any entity established by a county in the State for the purpose of constructing, operating, or maintaining a locally preferred alternative for a mass transit project and that receives moneys from a surcharge on state tax established pursuant to section 46-16.8, transient accommodations tax revenues pursuant to section 237D-2(e), or both. [L Sp 2017, c 1, §13; am L 2023, c 48, §6]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-82.5 Delinquent accounts, collection.

§40-82.5 Delinquent accounts, collection.
Any state agency having an account due which is delinquent, may contract with a collection agency bonded under chapter 443B for collection of the delinquent account. The chairperson or director of the agency may make an agreement with the agency regarding the amount to be retained by it for services. [L 1982, c 88, §1; am L 1990, c 34, §2]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-83 Audit of public school accounts.

§40-83 Audit of public school accounts.
The comptroller shall cause to be examined and audited books of account kept by any public school in connection with school fees and all other moneys collected by these schools. All books of account shall be kept in such manner as shall be prescribed by the comptroller. [L 1932 2d, c 27, §1; RL 1935, §560; RL 1945, §1562; RL 1955, §34-11; am L 1957, c 152, §1; HRS §40-83]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-84 Petty cash funds; regulations.

§40-84 Petty cash funds; regulations.
Whenever the head of any state department, board, bureau, commission, or other agency deems it necessary to have a petty cash fund for the proper transaction of the business of the agency, a written application therefor shall be made to the comptroller setting forth the details covering the purposes and uses of and for the fund. The comptroller, before issuing a state warrant for that purpose, shall determine whether or not the business of the agency warrants the establishment of such a fund, and if the comptroller is satisfied that such a fund is necessary, the comptroller shall issue a state warrant to such agency for an amount as the comptroller shall determine, not to exceed the sum of $100,000, except that this limitation of $100,000 shall not apply to the University of Hawaii and the stadium authority.
The comptroller may prescribe such rules as the comptroller may deem necessary for the proper administration and accountability of these funds. [L 1941, c 137, §1; am L 1943, c 106, §1; RL 1945, §1567; RL 1955, §34-16; am L 1957, c 152, §1; HRS §40-84; am L 1969, c 100, §1; am L 1976, c 117, §1; am L 1981, c 70, §1; am L 1988, c 227, §1]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-85 Imprest fund for immediate welfare payments, emergency assistance, and work-related expenses.

§40-85
Imprest fund for immediate welfare payments, emergency assistance, and work-related expenses.
(a) In addition to the petty cash funds authorized by section 40-84, emergency assistance funds under subsection (b), work-related expenses under subsection (c), and, upon approval by the comptroller, the amount necessary and sufficient to enable the department of human services to make immediate welfare money payments to eligible recipients shall be advanced from the general fund of the State to be used by the department of human services on an imprest basis in those cases only which require more immediate payment than that possible under the usual procedure for disbursing state funds provided in section 40-51.
(b) Amounts necessary and sufficient to enable the department of human services to make immediate emergency assistance grants shall be advanced from the general fund of the State to be used by the department as provided under section 346-65.
(c) Amounts necessary and sufficient to enable the department of human services to provide cash assistance to eligible applicants and recipients of education, training, and employment programs, shall be advanced from the general fund of the State to be used by the department as provided under section 346-270.
The imprest fund for work-related expenses shall be used to assist applicants and recipients enrolled in employment training programs with extraordinary work-related expenses related to education, training, and employment activities or with emergency cash assistance during family crises.
(d) In granting approval, the comptroller may impose such conditions as the comptroller may deem necessary for the proper administration and accountability of the fund and of the funds advanced.
(e) The imprest fund shall be replenished at the end of each quarter and may be replenished at other times as required by the usage of the fund. In no case, however, may disbursements, from the imprest fund and under the usual procedure for disbursing state funds, exceed the amounts appropriated and allotted for a fiscal period. [L 1971, c 36, §1; gen ch 1985; am L 1986, c 160, §2; am L 1987, c 339, §4; am L 1993, c 138, §1]
Note
Section 346-270 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-86 Lapse of University of Hawaii appropriations.

§40-86 Lapse of University of Hawaii appropriations.
Upon the lapse of an appropriation to the University of Hawaii, moneys which remain unencumbered shall be returned to the state treasury within ninety days. [L 1986, c 321, §2]
Note
Repeal of section by L 1986, c 321, §12 as amended by L 1987, c 283, §69; L 1989, c 371, §7; L 1991, c 163, §3; L 1993, c 314, §2; L Sp 1993, c 8, §22; L 1997, c 180, §1; L 1998, c 115, §24; and L 2005, c 137, §1 deleted by L 2006, c 161, §7.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-87 Lapse of department of education appropriations.

§40-87 Lapse of department of education appropriations.
Upon the lapse of an appropriation to the department of education, moneys which remain unencumbered shall be returned to the state treasury within ninety days. [L 1986, c 321, §3]
Note
Repeal of section by L 1986, c 321, §12 as amended by L 1987, c 283, §69; L 1989, c 371, §7; L 1991, c 163, §3; L 1993, c 314, §2; L Sp 1993, c 8, §22; L 1997, c 180, §1; L 1998, c 115, §24; and L 2005, c 137, §1 deleted by L 2006, c 161, §7.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-89 Prior year accounts.

§40-89
Prior year accounts.
The comptroller shall establish new accounts for all special and revolving funds on July 1 of each fiscal year. All unencumbered cash balances for special and revolving funds established in previous years shall be deposited in the appropriate account for the current fiscal year unless otherwise provided by law; provided that this section shall not apply to those funds which are designated by either the legislature or the director of finance for transfer to the general fund. [L 1996, c 40, pt of §1]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-90 Encumbrances, when void.

§40-90 Encumbrances, when void.
(a) All encumbrances for claims which the comptroller has determined to be inactive shall become void six months from the end of the fiscal year of the original encumbrance, or within a period of time less than six months as designated by the comptroller.
(b) All encumbrances for contracts shall become void after five years from the end of the fiscal year of the original encumbrance; provided that the comptroller may grant an exemption from this subsection if the comptroller finds that there is sufficient justification to extend a contract encumbrance. [L 1996, c 40, pt of §1]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-91 Appeal from comptroller.

§40-91 Appeal from comptroller.
[2004 amendment repealed June 30, 2010. L 2006, c 94, §1.]
In case of any question or difference of opinion arising between the comptroller and any officer of the State regarding the proper appropriation to which any item or amount of expense is charged, or any other matter regarding the construction of this chapter or the authority vested in either of them by this chapter, and in all cases where a claim is disallowed by the comptroller in consequence of the absence of an original warrant voucher, or upon an imperfect warrant voucher or an incorrect certificate, or if any person feels aggrieved by any decision of the comptroller, in the rejection or the surcharge of the returns or refusal to approve or allow any demand presented by the person, any of the persons concerned may appeal from the decision to the intermediate appellate court, subject to chapter 602. After such investigation as the appellate court considers equitable, it may make such order directing the relief of the appellant in whole or in part as appears to the court to be just and reasonable. If the demand of the officer, bill, claim of any person, or the return of any public accountant is approved, in whole or in part by the court, the court shall so indorse its findings on the same and it shall thereafter be presented to the comptroller, who shall enter it in the proper book in like manner as other demands and indorsement shall be made by the comptroller of its having been so entered before it can be paid. [L 1898, c 39, §16; RL 1925, §1458; RL 1935, §584; RL 1945, §1588; RL 1955, §34-38; am L 1957, c 152, §1; HRS §40-91; am L 1975, c 71, §7; am L 1979, c 111, §26; am L 2004, c 202, §5; am L 2006, c 94, §1; am L 2010, c 109, §1]
Rules of Court
Appeal to appellate courts, see Hawaii Rules of Appellate Procedure.
Case Notes
Formerly "reasonable time" allowed for taking appeal. 33 H. 795.
Appeal should not be hampered by technicalities. 15 H. 9, 11.
Comptroller may refuse payment on ground of invalidity of appropriation and comptroller's decision then be tested by appeal under the statute, with parties in same positions as in mandamus. 20 H. 518.
Refusal to pay appropriation as being illegal and invalid and beyond legislative powers. 25 H. 406.
Appeal lies from refusal to endorse certificate of available funds, under §103-39. 27 H. 143.
Refusal to indorse certificate of availability of unexpended appropriation on public contract. 27 H. 221.
Appropriation by legislature on moral and honorable obligation. 29 H. 343.
Refusal to endorse contract as not satisfying call for tenders publication. 30 H. 94.
Refusal to pay person holding a county and a territory office at same time. 31 H. 792.
Refusal to pay commissioner's salary in excess of temporary appointment. 34 H. 12.
Refusal to issue warrant as Act providing for expenditure of appropriation invalid. 35 H. 203.
Appeal from comptroller's refusal to pay salary authorized by board of education. 53 H. 492, 497 P.2d 562.
Cited: 15 H. 726.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-92 Examining persons, books.

§40-92 Examining persons, books.
The comptroller may, by precept under the comptroller's hand in the form contained in section 40-93, require all such persons as the comptroller may think fit to appear personally before the comptroller at any time and place to be named in the precept, and to produce to the comptroller all such accounts, books, and papers in the possession or control of these persons as shall appear to be necessary for the purpose of their examination. The comptroller may when the comptroller shall so have occasion, cause search to be made and extracts to be taken from any book, paper, or record in the custody of any public officer without paying any fee for the same; and every officer having the custody of any book, paper, or record shall make such search and furnish such extracts as thereto requested. [L 1898, c 39, §21; RL 1925, §1438; RL 1935, §565; RL 1945, §1569; RL 1955, §34-18; am L 1957, c 152, §1; HRS §40-92; gen ch 1985]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-93 Form of notice to appear for examination.

§40-93 Form of notice to appear for examination.
To...............................
By virtue of the authority vested in me by chapter 40 of the Hawaii Revised Statutes, you are hereby required to appear before me at........................on........................and to bring with you for the purpose of examination a certain book (or as the case may be) and to be examined by and before me touching and concerning matters required to be investigated by me pursuant to the provisions of the chapter.
Witness my hand this ..... day of ....., 19.....
..............................
Comptroller.
[L 1898, c 39, sch D; RL 1925, §1469; RL 1935, §595; RL 1945, §1599; RL 1955, §34-49; am L 1957, c 152, §1; HRS §40-93]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-94 Examination under oath.

§40-94 Examination under oath.
The comptroller shall examine upon oath, which oath the comptroller may administer, all persons whom the comptroller thinks fit to examine touching the receipts and expenditures of money, and touching all other things and matters necessary for the due execution of the powers vested in the comptroller by this chapter. [L 1898, c 39, §22; RL 1925, §1439; RL 1935, §566; RL 1945, §1570; RL 1955, §34-19; am L 1957, c 152, §1; HRS §40-94; gen ch 1985]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-95 Penalty for false evidence.

§40-95 Penalty for false evidence.
If any person, in the course of the person's examination before the comptroller, wilfully and corruptly gives false evidence, the person so offending shall incur the same penalties as are or may be provided against persons convicted of perjury. [L 1898, c 39, §35; RL 1925, §1440; RL 1935, §567; RL 1945, §1571; RL 1955, §34-20; am L 1957, c 152, §1; HRS §40-95; gen ch 1985]
Cross References
Perjury, see §710-1060.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 40. Audit and Accounting › 40-96 Penalty for violating.

§40-96 Penalty for violating.
Any public accountant or person who fails or neglects to conform to any of the regulations contained in this chapter, or to attend the comptroller for the purpose of being examined or to produce any accounts, books, vouchers or other documents or to answer any other lawful question when required so to do by the comptroller, shall be liable to a penalty of not less than $25, nor more than $100, on conviction. [L 1898, c 39, §34; am L 1903, c 8, §2; RL 1925, §1434; RL 1935, §561; RL 1945, §1563; RL 1955, §34-12; am L 1957, c 152, §1; HRS §40-96]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 41D. State Risk Management and Insurance Administration › 41D-1 Definitions.

§41D-1 Definitions.
As used in this chapter:
"Attorney general" means the attorney general of the State.
"Captive insurance company" shall have the same meaning as captive insurance company in section 431:19-101.
"Casualty insurance" shall have the same meaning as general casualty insurance has in section 431:1-209; provided that in this chapter "casualty insurance" shall exclude accident and health or sickness insurance as defined in section 431:1-205, and includes marine and transportation insurance as defined in section 431:1-207, vehicle insurance as defined in section 431:1-208, surety insurance as defined in section 431:1-210, and ocean marine insurance as defined in section 431:1-211.
"Comptroller" means the comptroller of the State as designated in section 26-6.
"Department" means the department of accounting and general services.
"Informal resolution" means the process of investigating a claim and negotiating the resolution of the claim.
"Insurance" shall have the same meaning in this chapter as it has in section 431:1-201.
"Property insurance" shall have the same meaning in this chapter as it has in section 431:1-206.
"Property of the State" includes real and personal property rented or used by the State and for which the State is responsible to the owner, as well as property owned by the State.
"Risk manager" means the risk manager described in section 41D-7.
"State agency" means all executive departments, boards, and commissions of the State and all public corporations created by the legislature, but excludes any contractor with the State.
"Tort claim" means any written request or demand for damages against the State within the meaning of chapter 662, and includes a "complaint" within the meaning of Rule 7(a) of the Hawaii Rules of Civil Procedure, of the District Court Rules of Civil Procedure and of the Federal Rules of Civil Procedure, if the complaint is for damages against the State within the meaning of chapter 662. [L 1988, c 266, pt of §1; am L 2000, c 132, §2; am L 2003, c 212, §2]
Revision Note
Definitions rearranged.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 41D. State Risk Management and Insurance Administration › 41D-3 Adjustment of claims against the State.

§41D-3 Adjustment of claims against the State.
(a) The attorney general may review any claim. The attorney general may refer claims to the comptroller for informal resolution.
(b) All claims against the State that are within the purview of section 41D-8 shall be reviewed in the first instance by the comptroller for informal resolution as provided in this section; provided that:
(1) The comptroller may compromise or settle a claim within the purview of section 41D-8 for an amount not exceeding $25,000 and the comptroller may pay the claim without review by the attorney general; and
(2) The comptroller may compromise or settle and pay a tort claim not within the purview of section 41D-8 for an amount not exceeding $25,000 without the necessity of court approval.
(c) Upon referral by the comptroller, the attorney general, in the attorney general's discretion, shall make determinations of whether a claim would or would not be within the purview of section 41D-8 for purposes of subsection (b).
(d) If the tort claim cannot be resolved informally as set forth in subsection (b), the comptroller promptly shall inform the attorney general.
(e) All of the efforts of the comptroller or the comptroller's delegate under this section shall be "compromise negotiations" within the meaning of rule 408, Hawaii Rules of Evidence, as set forth in section 626-1.
(f) Claims compromised or settled under this section shall be paid from the state risk management revolving fund. [L 1988, c 266, pt of §1; am L 1990, c 117, §1; am L 1997, c 251, §4; am L 2019, c 118, §1]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 41D. State Risk Management and Insurance Administration › 41D-5 Investment of fund.

§41D-5 Investment of fund.
The director of finance shall invest all moneys appropriated or assessed to the state risk management revolving fund. Interest upon the investments shall be credited to the state risk management revolving fund. [L 1988, c 266, pt of §1]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 41D. State Risk Management and Insurance Administration › 41D-6 Fund advancement; dissolution.

§41D-6 Fund advancement; dissolution.
If the state risk management revolving fund should become financially incapable of meeting its obligations under this chapter, the comptroller, in the comptroller's discretion, may:
(1) Request that the governor authorize the transfer of sufficient sums to meet the fund's obligations from whatever such savings as may be available from other current appropriation for any other state program. Money so advanced shall be repaid from the state risk management revolving fund in annual installments, without interest. The amount of installments shall be fixed by the director of finance at whatever amount as can reasonably be expected to liquidate indebtedness of the fund in not more than ten years; or
(2) Dissolve the fund, prorating remaining assets of the fund among the claimants, giving priority to those claims as, in the comptroller's discretion, is appropriate. [L 1988, c 266, pt of §1]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 41D. State Risk Management and Insurance Administration › 41D-7 Risk management.

§41D-7 Risk management.
The comptroller shall appoint a risk manager to supervise and direct the determination and treatment for the best interests of the State of all risks appertaining to the property of the State and its personnel and operations. The risk manager shall be responsible for the administration of the comptroller's responsibilities with respect to this chapter. [L 1988, c 266, pt of §1]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 41D. State Risk Management and Insurance Administration › 41D-8 Insurance on public vehicles.

§41D-8 Insurance on public vehicles.
Vehicles owned by the State or in the custody and use of any department may be self-insured or insured by purchased insurance against public liability in compliance with article 10C of chapter 431. Determinations of whether to insure or self-insure shall be made by the comptroller in conjunction with the state agency having custody or control of the vehicle, or the vehicle may be insured on a complete or excess coverage basis under a comprehensive automobile liability insurance policy entered into by the comptroller. If the vehicles are self-insured, claims for which the State is liable under article 10C of chapter 431 may be settled and paid by the comptroller from the state risk management revolving fund, notwithstanding the provisions of chapter 662. Any purchased state comprehensive automobile liability insurance policy shall be administered by and be subject to the control of the comptroller. [L 1988, c 266, pt of §1]
Cross References
Volunteer emergency medical disaster response personnel, see §321-23.3.
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 41D. State Risk Management and Insurance Administration › 41D-8.5 Insurance for indemnification.

§41D-8.5 Insurance for indemnification.
The comptroller may:
(1) Obtain sufficient loss insurance to cover the liability of the State that may arise from indemnity provisions agreed to pursuant to section 29-15.5;
(2) Obtain sufficient loss insurance to indemnify, defend, and hold harmless a county providing assistance, services, rights, or permission to use county property to a state agency under an indemnity agreement provision pursuant to section 46-71.5; and
(3) Obtain appropriate and sufficient reinsurance to cover the liability of a captive insurance company established pursuant to section 41D-2. [L 1997, c 168, §2; am L 2000, c 132, §4; am L 2007, c 152, §11]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 41D. State Risk Management and Insurance Administration › 41D-9 Construction.

§41D-9 Construction.
Nothing in this chapter shall be deemed to expand the scope of liability of the State beyond that set forth in chapter 662. Nothing in this chapter shall be construed to waive the immunity of the State from suit in federal courts guaranteed by the Eleventh Amendment to the Constitution of the United States. [L 1988, c 266, pt of §1]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 42F. Grants › 42F-101 Definitions.

§42F-101
Definitions
. As used in this [chapter], unless the context clearly requires otherwise:
"Grant" means an award of state funds by the legislature, by an appropriation to a specified recipient, to support the activities of the recipient and permit the community to benefit from those activities.
"Recipient" means any organization or person receiving a grant. [L 1997, c 190, pt of §3; am L 2014, c 96, §5]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 42F. Grants › 42F-102 Applications for grants.

§42F-102
Applications for grants.
Requests for grants shall be submitted to the appropriate standing committees of the legislature at the start of each regular session of the legislature. Each request shall state:
(1) The name of the requesting organization or individual;
(2) The public purpose for the grant;
(3) The services to be supported by the grant;
(4) The target group; and
(5) The cost of the grant and the budget. [L 1997, c 190, pt of §3; am L 2014, c 96, §6]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 42F. Grants › 42F-103 Standards for the award of grants.

§42F-103 Standards for the award of grants.
(a) Grants shall be awarded only to individuals who, and organizations that:
(1) Are licensed or accredited, in accordance with federal, state, or county statutes, rules, or ordinances, to conduct the activities or provide the services for which a grant is awarded;
(2) Comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, or disability;
(3) Agree not to use state funds for entertainment or lobbying activities; and
(4) Allow the state agency to which funds for the grant were appropriated for expenditure, legislative committees and their staff, and the auditor full access to their records, reports, files, and other related documents and information for purposes of monitoring, measuring the effectiveness, and ensuring the proper expenditure of the grant.
(b) In addition, a grant may be made to an organization only if the organization:
(1) Is either:
(A) Incorporated under the laws of the State; or
(B) Spends at least ninety per cent of its operating budget in the State; and
(C) Registered with the department of commerce and consumer affairs and in possession of a valid certificate of vendor compliance issued by the State that documents the organization's compliance and good standing with the United States Internal Revenue Service, department of taxation, department of labor and industrial relations, and department of commerce and consumer affairs; and
(2) Has bylaws or policies that describe the manner in which the activities or services for which a grant is awarded shall be conducted or provided.
(c) Further, a grant may be awarded to a nonprofit organization only if the organization:
(1) Has been determined and designated to be a nonprofit organization by the Internal Revenue Service; and
(2) Has a governing board whose members have no material conflict of interest and serve without compensation.
(d) If a grant is used by an organization for the acquisition of land, when the organization discontinues the activities or services on the land acquired for which the grant was awarded and disposes of the land in fee simple or by lease, the organization shall negotiate with the expending agency for a lump sum or installment repayment to the State of the amount of the grant used for the acquisition of the land. This restriction shall be registered, recorded, and indexed in the bureau of conveyances or with the assistant registrar of the land court as an encumbrance on the property. Amounts received from the repayment of a grant under this subsection shall be deposited into the general fund. [L 1997, c 190, pt of §3; am L 2007, c 184, §1; am L 2014, c 96, §7; am L 2022, c 26, §1]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 42F. Grants › 42F-104 Contracts for grants.

§42F-104
Contracts for grants
. An appropriation for a grant shall be disbursed by a contract between the state agency designated the expending agency for the appropriation by the legislature, and the recipient of the grant. The contract shall be effective as of the first day of the fiscal year for which the funds for the grant are appropriated; provided that up to one-fourth of the total amount appropriated may be disbursed prior to the execution of the contract. [L 1997, c 190, pt of §3; am L 2014, c 96, §8]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 42F. Grants › 42F-105 Allotment.

§42F-105
Allotment.
Contracts to disburse and appropriations for grants shall be subject to the allotment system generally applicable to all appropriations made by the legislature. [L 1997, c 190, pt of §3; am L 2014, c 96, §9]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 42F. Grants › 42F-106 Monitoring and evaluation.

§42F-106
Monitoring and evaluation.
Every grant shall be monitored by the expending agency to ensure compliance with this chapter and the public purpose and legislative intent of the grant. [L 1997, c 190, pt of §3; am L 2014, c 96, §10]
2023 Hawaii Revised Statutes › Title 5. State Financial Administration › 42F. Grants › 42F-107 Grants; release by the governor.

§42F-107
Grants; release by the governor.
If a grant awarded by the legislature pursuant to this chapter is not allocated or released by the governor within ninety days of the effective date of the legislation awarding the grant, the governor shall notify, in the manner prescribed in section 1-28.5, the recipient of the unreleased grant on the status of whether the grant is still pending or will not be released. The governor shall provide the notice once every quarterly allotment period (as the periods are defined in section 37-32), beginning on the ninety-first day after the effective date of the legislation awarding the grant and until a final determination is made on the status of the grant. [L 2005, c 195, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-1 Meeting place of council.

Cross References
Emergency preparedness, see §125C-32.
Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A.
§46-1 Meeting place of council.
All meetings, regular or special, of the council may be held at such places within the county other than the county seat as the council shall designate. [L 1963, c 19, §1; Supp, §138-50; HRS §46-1]
Cross References
Emergency seat of government, see § §130-3, 130-4.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-1.52 Authority to enter private property; pests or invasive species.

§46-1.52 Authority to enter private property; pests or invasive species.
Each county of this State, through its employees or authorized agents, may enter private property within the respective county to control or eradicate pests and invasive species pursuant to sections 141-3.6 and 194-5. [L 2017, c 182, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-1.55 Indigenous Hawaiian architecture.

§46-1.55 Indigenous Hawaiian architecture.
(a) Each county shall adopt ordinances allowing the exercise of indigenous native Hawaiian architectural practices, styles, customs, techniques, and materials historically employed by native Hawaiians, in the county's building code, including but not limited to residential and other structures comprised of either rock wall or wood frame walls covered by thatches of different native grasses or other natural material for roofs.
(b) The application of indigenous Hawaiian architecture shall be permitted in all zoning districts; provided it is consistent with the intent and purpose of the uniquely designated, special, or historic district.
(c) Each county shall adopt or amend its ordinances to implement this section no later than March 31, 2008. The ordinance adopted by Maui county shall serve as a model. [L 2006, c 310, §2; am L 2007, c 222, §7]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-1.7 Retention of emergency 911 recordings.

§46-1.7 Retention of emergency 911 recordings.
Each county public safety answering point shall retain recordings of all emergency 911 telephone calls and radio dispatches for a period of not less than one year. [L 2005, c 192, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-1.8 Reciprocal supplying of tax information.

§46-1.8 Reciprocal supplying of tax information.
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.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-2 Publication or advertising of ordinances, amendments, resolutions, and bills.

§46-2 Publication or advertising of ordinances, amendments, resolutions, and bills.
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. [L 1963, c 71, §1; Supp, §138-51; HRS §46-2]
Case Notes
Voluntary county decision to place advertising in papers other than plaintiff's during strike, not enjoinable. 272 F. Supp. 175.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-2.1 Comprehensive ordinance codes.

§46-2.1 Comprehensive ordinance codes.
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 June 5, 1970 and at least once every ten years thereafter. [L 1970, c 46, §1]
Revision Note
"June 5, 1970" substituted for "the passage of this Act".
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-2.2 Publication of supplements.

§46-2.2 Publication of supplements.
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]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-4.2 Nonsignificant zoning changes.

§46-4.2 Nonsignificant zoning changes.
Each county may provide by ordinance that nonsignificant changes to zoning boundaries may be made administratively by the designated county agency with responsibility over zoning matters, provided that "nonsignificant changes" shall mean a zoning change which does not result in an increase or decrease in any zoning designation affecting more than five per cent or one acre of any parcel of property, whichever is less, and which is in compliance with the general plan and development plan designation for the property. [L 1977, c 74, §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-4.5 Ordinances establishing historical, cultural, and scenic districts.

§46-4.5 Ordinances establishing historical, cultural, and scenic districts.
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]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-5 Planning and traffic commissions; creation.

§46-5 Planning and traffic commissions; creation.
The legislative body of any county with a population of less than 100,000 persons shall, without prejudice to the generality of the foregoing powers, and except as otherwise provided, have the following specific powers in addition to any other specific powers provided by law:
(1) County planning commission. To create a county planning commission (A) to formulate a master plan providing for the future growth, development, and beautification of the county in its public and private buildings, streets, roads, grounds, and vacant lots; (B) to formulate subdivision and zoning regulations; and (C) to recommend the establishment of building zones.
(2) County traffic commission. To create a county traffic commission to advise the legislative body in the regulation of traffic. [L 1963, c 58, §1; Supp, §138-62; HRS §46-5]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-6.5 Public access.

§46-6.5 Public access.
(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 May 22, 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 July 1, 1973. [L 1973, c 143, §2]
Revision Note
"May 22, 1973" substituted for "the effective date of this Act".
Law Journals and Reviews
Beach Access: A Public Right? 23 HBJ 65.
"If a Policeman Must Know the Constitution, Then Why Not a Planner?" A Constitutional Challenge of the Hawai`i Public Access Statute. 23 UH L. Rev. 409.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-7 Agreements with federal government; use of funds.

§46-7 Agreements with federal government; use of funds.
The governing body or the planning commission or department of the various counties, with the consent of the council, may enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with the federal government or any other public body or bodies respecting action to be taken pursuant to any of the powers granted to it by law and furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to the powers. [L 1957, c 139, §1; Supp, §138-11.5; HRS §46-7]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-8 State and county co-sponsorship of programs.

§46-8 State and county co-sponsorship of programs.
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. [L 1965, c 158, §1; Supp, §138-63; HRS §46-8]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-9 Expenditures of money for sister-city relationships.

§46-9 Expenditures of money for sister-city relationships.
Any other law to the contrary notwithstanding, any county, including the city and county of Honolulu, may make expenditures of public funds, whenever the funds are available, in order to further the ties of friendship, understanding, and goodwill existing under sister-city relationships entered into by resolution duly adopted by the respective legislative bodies of each county, including the city and county of Honolulu. [L 1963, c 86, §1; Supp, §138-52; HRS §46-9]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-10 County bands; travel.

§46-10 County bands; travel.
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. [L 1959, c 188, §1; Supp, §138-41; HRS §46-10; am L 1971, c 167, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-11 Federal flood insurance.

§46-11 Federal flood insurance.
The Hawaii tourism authority in regard to the convention center district and the mayor or executive officer and the council of the various counties, in regard to the respective counties, may participate and apply on behalf of their respective district and counties for flood insurance coverage pursuant to any applicable provisions of Public Law 1016, Eighty-fourth Congress, Second Session, (70 Stat. 1078). The Hawaii tourism authority, in regard to the convention center district, and the mayor or executive officer and the council of the various counties, in regard to the respective counties, shall be vested with the functions, powers, and duties which are necessary to enable their respective district and counties to qualify, participate, and apply for the flood insurance coverage. [L 1957, c 178, §3; Supp, §138-43; HRS §46-11; am L Sp 1993, c 7, §3; am L 2003, c 3, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-11.5 Maintenance of channels, streambeds, streambanks, and drainageways.

§46-11.5 Maintenance of channels, streambeds, streambanks, and drainageways.
Notwithstanding any law to the contrary, each county shall provide for the maintenance of channels, streambeds, streambanks, and drainageways, whether natural or artificial, including their exits to the ocean, in suitable condition to carry off storm waters; and for the removal from the channels, streambeds, streambanks, and drainageways and from the shores and beaches any debris which is likely to create an unsanitary condition or otherwise become a public nuisance; provided that to the extent any of the foregoing work is a private responsibility the responsibility may be enforced by the county in lieu of the work being done at county expense, and any private entity or person refusing to comply with any final order issued by the county shall be in violation of this chapter and be liable for a civil penalty not to exceed $500 for each day the violation continues; provided further that it shall be the responsibility of the county to maintain all channels, streambeds, streambanks, and drainageways unless such channels, streambeds, streambanks, and drainageways are privately owned or owned by the State, in which event such channels, streambeds, streambanks, and drainageways shall be maintained by their respective owners. [L 1986, c 121, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-12 Cleaning shores and beaches of seaweed, limu, and debris.

§46-12 Cleaning shores and beaches of seaweed, limu, and debris.
The various counties shall be responsible for removing and clearing all seaweed, limu, and debris which are likely to create an unsanitary condition or to otherwise become a public nuisance from the shores and beaches situated within the respective counties; 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. [L 1965, c 191, §1; Supp, §138-55; HRS §46-12]
Case Notes
County has sole responsibility for shores and beaches likely to be used with some frequency by members of the public. 66 H. 55, 656 P.2d 1336.