reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-10 Rates, rentals, fees and charges; undertakings and loan programs to be self-sustaining.

§49-10 Rates, rentals, fees and charges; undertakings and loan programs to be self-sustaining.
The governing body issuing revenue bonds pursuant to this chapter shall impose, prescribe and collect, or authorize and require the imposition, prescription and collection of, rates, rentals, fees or charges for the use and services of, and the facilities and commodities furnished by, the undertaking or for the use and services and benefits of the loan program for which the revenue bonds are issued, and shall revise, or require revision of, the rates, rentals, fees or charges from time to time whenever necessary, so that, together with the proceeds of the user taxes derived with respect to the undertaking pledged to the payment of the revenue bonds, the undertaking or loan program shall be and always remain self-sustaining. The rates, rentals, fees or charges imposed and prescribed shall produce revenue which, together with the proceeds of such user taxes, will be at least sufficient:
(1) To make the required payments of the principal of and interest on all revenue bonds issued for the undertaking or loan program, including the payment of all revenue bonds and interest thereon for the payment of which the revenue, or user taxes, or combination of both, are or shall have been pledged, charged or otherwise encumbered, or which are otherwise payable from the revenue, or user taxes, or combination of both, or are payable from a special fund maintained, or to be maintained, from the revenue, or user taxes, or combination of both, including reserves therefor, and to maintain the special fund in an amount at least sufficient to pay when due all revenue bonds and interest thereon which are payable from the special fund, including reserves therefor;
(2) To pay the cost of operation, maintenance, and repair of the undertaking, or to pay the cost of the administration, operation, and maintenance of the loan program, including reserves therefor; and
(3) To carry out the covenants of the resolution or resolutions authorizing the issuance of the revenue bonds, including any covenant as to the minimum amounts of revenue to be produced by the undertaking or loan program for which the revenue bonds are issued. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-11 Use of revenue and user taxes of undertaking or loan program.

§49-11 Use of revenue and user taxes of undertaking or loan program.
Whenever any revenue bonds have been issued under this chapter for an undertaking or a loan program, the revenue, or the user taxes, or combination of both, from which the revenue bonds are payable and by which they are secured of the undertaking or loan program shall be deposited in a special fund and shall be appropriated, applied, or expended, and the county shall have the right to appropriate, apply, or expend the same, in the amount necessary therefor for the following purposes and in such order of priority as the county shall provide in the resolution or resolutions authorizing the issuance of revenue bonds:
(1) To pay when due all revenue bonds and interest thereon issued for the undertaking or loan program, for the payment of which the revenue, or user taxes, or combination of both, is or shall have been pledged, charged, or otherwise encumbered, including reserves therefor;
(2) To pay or provide for the payment of the cost of operation, maintenance, and repair of the undertaking, or to pay or provide for the payment of administering, operating, and maintaining the loan program, including reserves therefor;
(3) For such purposes, within the jurisdiction, powers, duties, and functions of the county, including the creation and maintenance of reserves, as shall have been covenanted in any resolution or resolutions of the county providing for the issuance of revenue bonds;
(4) To reimburse the general fund of the county for all bond requirements for general obligation bonds which are or shall have been issued for the undertaking or loan program, or to refund any of the general obligation bonds, except insofar as the obligation of reimbursement has been or shall be canceled by the governing body, the bond requirements being the interest on term and serial bonds, sinking fund for term bonds, and principal of serial bonds maturing the following year;
(5) To provide for betterments and improvements to the undertaking or expansion of the loan program, including reserves therefor; or
(6) To provide such special reserve funds and other special funds as are or may be created by the resolution or resolutions authorizing the revenue bonds.
Unless and until adequate provision has been made for the foregoing purposes, the county shall not have the right to transfer to its general fund or apply to any other purposes any part of the revenue, or user taxes, pledged to the payment of the revenue bonds, of the undertaking or loan program. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-12 Lien and charge of revenue bonds.

§49-12 Lien and charge of revenue bonds.
Unless otherwise provided in the resolution or resolutions, all revenue bonds of the same issue, subject to the prior and superior rights of outstanding revenue bonds, claims, or obligations, shall have a prior and paramount lien and charge on 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, over and ahead of all bonds of any issue payable from the revenue, or user taxes, or combination of both, which may be subsequently issued and over and ahead of any claims or obligations of any nature against the revenue, or user taxes, or combination of both, subsequently arising or subsequently incurred. All revenue bonds of the same issue shall be equally and ratably secured without priority by reason of number, date of bonds, of sale, of execution, or of delivery, by a lien and charge on the revenue or user taxes, or combination of both, pledged to the payment thereof, in accordance with this chapter and the resolution or resolutions authorizing the revenue bonds. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-13 Revenue bonds not a general or moral obligation of the county.

§49-13 Revenue bonds not a general or moral obligation of the county.
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. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-14 Undertaking, loan program, and revenue bonds exempt from taxation.

§49-14 Undertaking, loan program, and revenue bonds exempt from taxation.
So long as the county owns any undertaking or administers a loan program, the property and revenue of the undertaking or loan program shall be exempt from all state, county, and municipal taxation; provided that any interest in property provided or given as security for a loan made under a loan program shall not be or be deemed to be property of the county for purposes of this section. Revenue bonds issued pursuant to this chapter and the income therefrom shall be exempt from all taxation by the State or any county or other political subdivision thereof, except inheritance, transfer, and estate taxes. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-15 Federal tax-exempt status; preference; protection.

§49-15 Federal tax-exempt status; preference; protection.
Revenue bonds issued under this chapter, to the extent practicable, shall be issued so as to comply with requirements imposed by valid federal law providing that the interest on the bonds shall be excluded from gross income for federal income [tax] purposes (except as certain minimum taxes or environmental taxes may apply). The director of finance is authorized to enter into such agreements, establish such funds or accounts and take any action as required in order to comply with such valid federal law. Nothing in this chapter shall be deemed to prohibit the issuance of revenue bonds, the interest on which may be included in gross income for federal income tax purposes.
For the purpose of ensuring that interest on revenue bonds issued pursuant to this chapter which is excluded from gross income for federal income tax purposes (except as provided above) on the date of issuance shall continue to be so excluded, no county officer or employee or user of an undertaking or loan program shall authorize or allow any change, amendment, or modification to an undertaking or loan program financed or refinanced with the proceeds of revenue bonds which change, amendment or modification would affect the exclusion of interest on the revenue bonds from gross income for federal income tax purposes unless the change, amendment, or modification shall have received the prior approval of the director of finance. Failure to receive the approval of the director of finance shall render any change, amendment, or modification void. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-16 Revenue bonds legal investments.

§49-16 Revenue bonds legal investments.
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. [L 1989, c 80, pt of §3; am L 1990, c 59, §9]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-18 Investment of reserves, etc.

§49-18 Investment of reserves, etc.
The director of finance may invest any money held as reserves or in sinking funds or not required for immediate disbursement, including proceeds of the revenue bonds, which in the director's judgment are in excess of the amounts necessary for the meeting of immediate requirements, in securities permitted by the resolution or resolutions and which constitute legal investments for public funds. Income derived therefrom shall be treated as revenue of the undertaking or loan program; expenses of purchase, safekeeping, sale, and redemption, and all other expenses of the undertaking or loan program. Securities so purchased shall be considered as being deposited in the custody or control of the director of finance and shall be legally secured as required by law. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-19 Bond anticipation notes.

§49-19 Bond anticipation notes.
In anticipation of the issuance under this chapter of revenue bonds theretofore authorized by the governing body for an undertaking or a loan program and of the receipt of the proceeds of the bonds, the county, with the approval of the governing body, may issue and sell revenue bond anticipation notes for the purposes for which the revenue bonds have been authorized, the maximum principal amount of which notes shall not exceed the authorized principal amount of the revenue bonds. The notes shall be payable solely from and secured by the proceeds of the sale of the revenue bonds in anticipation of which they were issued and the revenue, or the user taxes, or a combination of both, from which would be payable and by which would be secured those revenue bonds; provided that to the extent the principal of the notes is paid from moneys other than the proceeds of sale of the revenue bonds, the maximum amount of revenue bonds in anticipation of which the notes are issued that has been authorized shall be reduced by the amount of the notes paid in that manner. The issuance of the notes and the details thereof shall be governed by this chapter with respect to revenue bonds insofar as the same may apply, provided that each note, together with all renewals and extensions thereof or refundings thereof by other notes issued under this section, shall mature within five years from the date of the original note. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-21 General laws applicable.

§49-21 General laws applicable.
The provisions of part III of chapter 47, relating to lost, stolen, destroyed, or defaced bonds, and to lost, stolen, destroyed, or defaced coupons, to the extent that they are applicable, shall apply to revenue bonds issued pursuant to this chapter. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-22 Consent of another county.

§49-22 Consent of another county.
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. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-23 Consent of state agencies.

§49-23 Consent of state agencies.
It shall not be necessary for any county proceeding under this chapter to obtain any certificate of convenience or necessity, franchise, license, permit, or other authorization from any bureau, board, commission, or other like instrumentality of the State in order to acquire, construct, purchase, reconstruct, improve, better, extend, maintain, and operate an undertaking or undertake the establishment of loan programs, but the powers and duties of the bureau, board, commission, or instrumentality shall continue as heretofore. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-24 Validation of proceedings.

§49-24 Validation of proceedings.
All proceedings heretofore taken with respect to the contracting of revenue bonded indebtedness and the issuance, sale, execution, and delivery of revenue bonds by or on behalf of the county, are hereby validated, ratified, approved and confirmed, notwithstanding any defects or irregularities in any of those proceedings or in the issuance, execution, sale, or delivery, and the bonds so issued or to be issued are and shall be binding, legal, valid, and enforceable obligations of the county. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 49. Revenue Bonds › 49-25 Construction of chapter.

§49-25 Construction of chapter.
The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law or charter. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended, and the loan program may be established, and revenue bonds may be issued under this chapter for those purposes, notwithstanding that any other law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking, or the establishment of a like loan program, or the issuance of revenue bonds for like purposes, and without regard to the requirements, restrictions, limitations, or other provisions contained in any other law or charter, including, but not limited to, any requirement for the approval by the voters of any county. Revenue bonds may be issued under this chapter notwithstanding any debt or other limitation prescribed by any law or charter and without obtaining the consent of any commission, board, bureau, agency, or department of the State, and without any other proceeding or happening of any other condition or thing than those proceedings, conditions, or things which are specifically required by this chapter, and the mode and method of procedure for the issuance of revenue bonds under this chapter need not conform to the provisions of any other law or charter. The authorization, issuance and validity of revenue bonds under this chapter shall not be dependent on or affected in any way by proceedings taken, contracts made, acts performed or done in connection with, or in furtherance of any undertaking or loan program by the county authorizing and issuing the revenue bonds, or by the validity of any such proceedings, contracts or acts, nor shall the authorization, issuance and validity of bonds issued under this chapter be dependent in any way upon the due adoption or enactment of any capital program or capital budget ordinance or resolution or upon the continued effectiveness of any appropriation made in any capital budget ordinance or resolution; provided that nothing in this section shall be deemed to permit the application of the proceeds of such bonds to appropriations which have lapsed pursuant to the provisions of law or of a charter. Insofar as the provisions of any other law or charter conflicts with this chapter, this chapter shall be controlling. [L 1989, c 80, pt of §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-1 Applicability.

§50-1 Applicability.
All counties which do not have a charter and all counties which have a charter may create a charter commission as provided herein. No provision of this chapter shall be held to alter or restrict any provision of any existing charter, except as hereinafter specifically provided. [L 1963, c 73, pt of §2; am L 1965, c 65, §1(1); Supp, §143A-1; HRS §50-1]
Case Notes
Charter framed and adopted under this chapter and State Constitution may be amended by the legislature by a general law. 50 H. 277, 439 P.2d 206.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-2 Definitions.

§50-2 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the context:
"County" or "counties" means the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui.
"Legislative body of the county" means the county council. [L 1963, c 73, pt of §2; Supp, §143A-2; HRS §50-2]
Revision Note
Definition of "chairman of the county" deleted as obsolete. Definition of "legislative body of county" revised by deleting references to board of supervisors and to city council of Honolulu.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-3 Charter commissions.

§50-3 Charter commissions.
The mayor of each county may appoint successive charter commissions with the approval of the legislative body of the county. The commission shall consist of eleven members, one of whom shall be appointed by the mayor as the chairperson of the commission. Any vacancy in the membership of the commission shall be filled by the mayor of the county with the approval of the legislative body of the county. [L 1963, c 73, pt of §2; am L 1965, c 65, §1(2); Supp, §143A-3; am L 1967, c 235, §1(1); HRS §50-3; gen ch 1985, 1993]
Revision Note
"Mayor" substituted for "chairman".
Cross References
Mandatory review, see county charters.
Attorney General Opinions
Under former law, no authorization for appointment of successive commissions. Att. Gen. Op. 65-3.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-4 Qualifications of commission members.

§50-4 Qualifications of commission members.
Each charter commission member shall be a registered voter and resident of the county for at least three years prior to the member's appointment. Elected officials of the state or county governments shall not be eligible for appointment. [L 1963, c 73, pt of §2; Supp, §143A-4; HRS §50-4; gen ch 1985]
Attorney General Opinions
Under §78-4 member of board or commission is not eligible for appointment to charter commission. Att. Gen. Op. 63-29.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-5 Commission organization and procedures.

§50-5 Commission organization and procedures.
No later than fifteen days after its members are appointed, the charter commission shall organize and hold its first meeting and shall adopt such rules and regulations for the conduct of its business as it deems necessary and desirable. Chapter 91 shall not be applicable hereto. The majority of the members of the commission shall constitute a quorum for the transaction of business. [L 1963, c 73, pt of §2; Supp, §143A-5; HRS §50-5]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-6 Duties and functions of commissions.

§50-6 Duties and functions of commissions.
The charter commission shall study and analyze the existing governmental structure of the county for the purpose of securing information that will enable it to draft a proposed charter adapted to the requirements of the county and designed to provide for the people of the county, a more efficient and responsible form of government. The study of any subject relevant to the government, property, or other affairs of the county, or of the laws relating thereto, or of any matter or thing deemed by the commission to be pertinent thereto, and consistent with the purpose for which the commission was created, shall be deemed within the scope of the commission's work. If, after its study, the commission decides that a charter is not desirable, it shall so report to the legislative body of the county and by resolution of the legislative body of the county the commission shall be dissolved. If, however, the commission decides to draft a charter, the charter shall set forth the structure of the county government, the manner in which it is to operate, the powers of the county in local affairs, and shall provide for orderly transition from the present government to government under the charter. [L 1963, c 73, pt of §2; Supp, §143A-6; HRS §50-6]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-7 Powers of the commission.

§50-7 Powers of the commission.
The charter commission shall hold public hearings and sponsor public forums and in general provide for the widest possible public information and discussion respecting the purpose and progress of its work. It shall receive the assistance of any officer or employee of the county without extra compensation as it may request to carry out its functions. It may, with the approval of the legislative body of the county, appoint staff members and consultants as it deems necessary. [L 1963, c 73, pt of §2; Supp, §143A-7; HRS §50-7]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-8 Submission of proposed charter to legislative body of the county.

§50-8 Submission of proposed charter to legislative body of the county.
Within one year of its appointment, the charter commission shall submit a report in writing on its activities, findings, and recommendations to the legislative body of the county together with a draft of the proposed charter. The legislative body of the county may in turn propose one or more sections as alternative, or alternatives to any section of the proposed charter; provided that there shall not be more than a single proposition under any alternative proposal. Within thirty days after the receipt of the proposed charter from the commission, the legislative body shall return the proposed charter with the alternatives to the commission for its study. [L 1963, c 73, pt of §2; Supp, §143A-8; am L 1967, c 235, §1(2); HRS §50-8]
Case Notes
Cited: 49 H. 336, 417 P.2d 977.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-9 Submission of proposed charter to county clerk.

§50-9 Submission of proposed charter to county clerk.
If the legislative body of the county proposes no alternative sections to the charter, the charter commission shall submit a draft of the proposed charter to the county clerk within thirty days after it has received the charter from the legislative body. If alternatives are submitted by the legislative body of the county to the commission, then the commission shall accept or reject the alternatives within thirty days after the charter has been returned to it and shall report to the legislative body of the county any rejection. The legislative body of the county may within ten days after receiving such notification recall any or all of the alternative proposals rejected by the commission. Upon the expiration of the time for recall by the legislative body as provided herein or sooner with the consent of the legislative body the commission shall submit to the county clerk the proposed charter together with any alternatives proposed by the legislative body of the county which have not been accepted by the commission and incorporated in its draft. [L 1963, c 73, pt of §2; Supp, §143A-9; am L 1967, c 235, §1(3); HRS §50-9]
Case Notes
Cited: 49 H. 336, 417 P.2d 977.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-10 Publication and submission to electors.

§50-10 Publication and submission to electors.
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]
Cross References
Election laws, see Title 2.
Attorney General Opinions
County may not supersede §78-5 by adopting contrary provision in its charter. Att. Gen. Op. 72-15.
Case Notes
Provisions in charters must be limited to self-government and be within such limits and procedures as prescribed by general law. 56 H. 582, 545 P.2d 684.
Provisions of Maui Charter on the departments of water supply, police and liquor control relate to organization and government of the county and supersede conflicting statutes. 59 H. 65, 576 P.2d 1029.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-11 Charter amendment and revision.

§50-11 Charter amendment and revision.
Every charter established under this chapter shall provide means by which the charter may be amended or revised. The provisions for amendment and revision must provide for approval of all amendments and revisions by referendum to the electors of the county. The amendment or revision shall be considered ratified if a majority of the electors voting on the amendment or revision cast their ballots in favor of adoption. [L 1963, c 73, pt of §2; am L 1965, c 65, §1(5); Supp, §143A-12; HRS §50-11]
Case Notes
Where county charter amendment failed to indicate whether its effective date or the first term to count towards the limit of "four consecutive two year terms" was to be postponed to 1998, the amendment became effective on November 25, 1996, which was the day the amendment was "ratified" by a "majority of the electors voting on the amendment"; the first term counted towards the limit of "four consecutive two year terms" was the term that commenced "at twelve o'clock meridian on the first Monday of December after" the 1996 election. 118 H. 355, 191 P.3d 176.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-12 Tenure of commission.

§50-12 Tenure of commission.
The terms of office of the members of the charter commission shall expire on the day after the election at which the proposed charter is submitted to the qualified electors of the county for approval, unless earlier terminated as provided in section 50-6. [L 1963, c 73, pt of §2; Supp, §143A-13; HRS §50-12]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-13 Compensation of commission members.

§50-13 Compensation of commission members.
Members of the charter commission shall receive as compensation for their services the sum of $1,000 each, and shall be reimbursed by the county for their necessary expenses incurred in the performance of their duties. [L 1963, c 73, pt of §2; Supp, §143A-14; HRS §50-13]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-14 Appropriations and disbursements.

§50-14 Appropriations and disbursements.
The county legislative body shall appropriate sufficient funds for the compensation of the charter commission members, their necessary expenses, and for the effective operation of the commission including amounts necessary for hiring staff members and consultants and for defraying other reasonable expenses of the commission. The moneys shall be disbursed by the county as prescribed by law. [L 1963, c 73, pt of §2; Supp, §143A-15; HRS §50-14]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 50. Charter Commissions › 50-15 Reserved powers.

§50-15 Reserved powers.
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. [L 1963, c 73, pt of §2; Supp, §143A-16; HRS §50-15]
Law Journals and Reviews
Marsland v. First Hawaiian Bank: Home Rule and the Scope of the County Prosecutor's Power. 12 UH L. Rev. 261.
Case Notes
Generally on functions of statewide interest, if counties are not given specific authority, they cannot thwart the State. 56 H. 582, 545 P.2d 684.
"On matters of concern and interest" should be interpreted to mean "on matters of statewide concern and interest". 59 H. 65, 576 P.2d 1029.
Where a Hawaii county ordinance made the enforcement of marijuana laws the lowest enforcement priority in the county, the ordinance conflicted with the Hawaii Penal Code and covered the same subject matter that the legislature intended to govern under chapter 329, and, therefore, was preempted. 132 H. 511 (App.), 323 P.3d 155 (2014).
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 51. Mass Transit › 51-1 Grant of powers.

§51-1 Grant of powers.
Every county of this State may acquire, condemn, purchase, lease, construct, extend, own, maintain, and operate mass transit systems, including, without being limited to, motor buses, street railroads, fixed rail facilities such as monorails or subways, whether surface, subsurface, or elevated, taxis, and other forms of transportation for hire for passengers and their personal baggage.
Every county shall have power to provide mass transportation service, whether directly, jointly, or under contract with private parties, without the county or private parties being subject to the jurisdiction and control of the public utilities commission in any manner.
The terms "mass transit" and "mass transportation" mean transportation by bus, or rail or other conveyance, either publicly or privately owned, which provides to the public general or special service (but not including school buses or charter or sightseeing service) on a regular and continuing basis. [L 1967, c 300, §1; HRS §51-1; am L 1973, c 166, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 51. Mass Transit › 51-2 Provision relating to purchase.

§51-2 Provision relating to purchase.
Any franchise heretofore granted by the legislature authorizing the transportation of persons or property, or both, by motor vehicle limited to one county or a portion of a county is amended as follows with respect to the procedure for the purchase of the property of the company holding the franchise (hereinafter called the "company"):
(1) The legislative body of the county may by ordinance authorize or provide for the purchase of the property of the company. No authorization by referendum nor any legislative act authorizing a referendum shall be required, and all references to a referendum or legislative act are deleted from the franchise.
(2) Notice by the county to the company of the county's intention to acquire the property of the company shall not be required, and all references to the notice are hereby deleted from the franchise. [L 1967, c 300, §2; HRS §51-2]
Case Notes
On take-over of HRT system by City and County, see 54 H. 356, 507 P.2d 169; 459 F.2d 551.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 51. Mass Transit › 51-4 Financing the acquisition, construction, etc., of mass transportation systems.

§51-4 Financing the acquisition, construction, etc., of mass transportation systems.
Any mass transportation system owned or operated or to be acquired by a county is a public improvement of the county within the meaning and purview of chapter 47, and an undertaking of the county within the meaning and purview of chapter 49. Any county may issue its general obligation bonds or notes pursuant to chapter 47, or its revenue bonds or notes pursuant to chapter 47 or 49, or both general obligation and revenue bonds or notes in order to pay the costs to the county of acquiring, constructing, reconstructing, improving, bettering, extending, equipping, or furnishing a mass transportation system or systems in the county. [L 1967, c 300, §4; HRS §51-4]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-1 Police commission.

§52D-1 Police commission.
A police commission is created for each of the counties. The composition, appointment, terms of office, staff, powers, duties, and functions of each police commission shall be prescribed by the charter of each county. [L 1989, c 136, pt of §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-2 Chief of police.

§52D-2 Chief of police.
A chief of police shall be appointed and may be removed as prescribed by the charter of each county. The chief of police shall annually make a report to the police commission on the state of affairs and condition of the police department. [L 1989, c 136, pt of §2; am L 2010, c 92, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-4 Ex officio coroner.

§52D-4 Ex officio coroner.
Where there is no other county medical examiner, the chief of police or any duly authorized subordinate shall be ex officio county coroner. An ex officio county coroner shall have all the powers and perform all the duties of coroner, within that county, as provided by law. [L 1989, c 136, pt of §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-5 Powers of chief of police outside own county.

§52D-5 Powers of chief of police outside own county.
The chief of police of each county and any duly authorized subordinates shall have and may exercise all powers, privileges, and authority necessary to enforce the laws of the State, in a county other than the county in and for which the chief has been appointed, if:
(1) The exercise of such power, privilege, and authority is required in the pursuit of any investigation commenced within the county in and for which the chief has been appointed; and
(2) The concurrence of the chief of police of the county in which the power, privilege, and authority sought to be exercised is obtained. [L 1989, c 136, pt of §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-6 Police force; employees.

§52D-6 Police force; employees.
The chief of police may appoint officers and other employees under such rules and at such salaries as are authorized by law. Probationary appointment, suspension, and dismissal of officers and employees of the police department shall be as authorized by law. [L 1989, c 136, pt of §2]
Cross References
Pension systems, see chapter 88, pt III.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-7 Traffic control surrounding school premises.

§52D-7 Traffic control surrounding school premises.
(a) The chief of police shall have charge, direction, and control of all matters relating to preserving and protecting the public health, safety, and welfare on and about the streets surrounding any school. To perform this function, the chief of police shall appoint, train, and compensate traffic monitors to perform such duties as the chief directs. Nothing contained in this section shall be construed to diminish the role now performed by the junior police officer program.
(b) The traffic monitors of the respective counties shall be provided with suitable badges or insignia of office, and shall have the duty to assist police officers throughout the State in all matters relating to the enforcement of traffic regulations on and about the streets surrounding any public school premises.
(c) The term "traffic monitor" means all persons over the age of eighteen who are appointed, trained, and compensated by the chief of police of each county to perform duties under this section whether called traffic monitors or by any other name or title. [L 1989, c 136, pt of §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-8 Police officers; counsel for.

§52D-8 Police officers; counsel for.
Whenever a police officer is prosecuted for a crime or sued in a civil action for acts done in the performance of the officer's duty as a police officer, the police officer shall be represented and defended:
(1) In criminal proceedings by an attorney to be employed and paid by the county in which the officer is serving; and
(2) In civil cases by the corporation counsel or county attorney of the county in which the police officer is serving. [L 1989, c 136, pt of §2]
Case Notes
An attorney "employed and paid by the county" for the benefit of a police officer, to defend the officer in a criminal case pursuant to this section and in related civil cases, in which the county has asserted claims adverse to the officer, is not per se, by virtue of such employment and payment, deemed ineffective counsel. 95 H. 9, 18 P.3d 871.
Section provides officers with a constitutionally protected property interest--the right to legal representation for acting within the scope of their duty; due process thus entitles an officer to a contested case hearing under chapter 91 before the officer can be deprived of this interest. 89 H. 221 (App.), 971 P.2d 310.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-9 Determination of scope of duty.

§52D-9 Determination of scope of duty.
The determination of whether an act, for which the police officer is being prosecuted or sued, was done in the performance of the police officer's duty, so as to entitle the police officer to be represented by counsel provided by the county, shall be made by the police commission of the county. Before making a determination, the police commission shall consult the county attorney or the corporation counsel, who may make a recommendation to the police commission with respect thereto if the county attorney or corporation counsel so desires. The determination of the police commission shall be conclusive for the purpose of this section and section 52D-8. [L 1989, c 136, pt of §2]
Case Notes
Section's reference to "conclusiveness" of the commission's scope of duty determination refers to its "conclusiveness" for purposes of the city's review and does not serve to preclude judicial review; officer may thus appeal an adverse scope of duty determination after a proper contested case hearing has been held pursuant to chapter 91. 89 H. 221 (App.), 971 P.2d 310.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-10 Disposition of found, stolen, or unclaimed property.

§52D-10 Disposition of found, stolen, or unclaimed property.
Each chief of police, on the first Monday in January and the first Monday in July, shall give the county director of finance a sworn statement listing all moneys (except money found), goods, wares, and merchandise in the chief's custody which have been unclaimed for a period of not less than ninety days. At least annually, the chief of police shall give public notice to the public, once a week for four successive weeks in the county (and may also give notice by posting in conspicuous places), that, unless claimed by an owner with satisfactory proof of ownership, the goods, wares, and merchandise listed will be sold at public auction to the highest bidder. On the day and at the place specified in the notice, all property still unclaimed, except money and found property, shall be sold by auction by or under the direction of the chief of police. Any unclaimed goods, wares, or merchandise of a perishable nature or which are unreasonably expensive to keep or safeguard, may be sold at public auction or by any commercially reasonable manner, at a time and after notice that the chief of police deems proper and reasonable under the circumstances. The chief of police, immediately after the sale of any property in accordance with this section, shall pay to the director of finance of the county all moneys remaining unclaimed and all moneys received upon the sale. [L 1989, c 136, pt of §2; am L 1998, c 2, §18]
Cross References
Unclaimed property, see chapter 523A.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-11 Reports by common carriers and court clerks.

§52D-11 Reports by common carriers and court clerks.
All property held by common carriers, subject to section 490:7-308, and by clerks of the court, subject to section 606-4, shall be reported by the common carriers or clerks of the court, in June and December of each year, to the chief of police of the county in which the property is held. [L 1989, c 136, pt of §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-12 Duty of police officer to owner.

§52D-12 Duty of police officer to owner.
Any stolen or lost property in the custody of a police officer shall be delivered to its owner or the owner's duly authorized agent upon satisfactory proof of ownership, and if to an agent, of the agency; subject to payment by the owner or agent of all reasonable expenses incurred in the preservation and safekeeping of the property. [L 1989, c 136, pt of §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-13 Orders of retention.

§52D-13 Orders of retention.
No property shall be sold or delivered under sections 52D-10 to 52D-14 if the chief of police, any county attorney or corporation counsel, or any court directs that it be retained as evidence. [L 1989, c 136, pt of §2]