reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-28 Extent of liability.

§46-28 Extent of liability.
Every bond required or given under the authority of this chapter shall be construed to cover all duties now or hereafter required, prescribed, or defined by any law, or by the appointment or employment of the obligor, and all duties required of the obligor by the terms, provisions, or conditions of any law, or by the obligor's appointment, employment, or position, or by any departmental rule or regulation, or by any direction, order, or command of the head of the department, office, bureau, or service in question, and all duties and acts undertaken, assumed or performed by the obligor, by virtue or color of the obligor's office, appointment, or employment, and all the duties and acts shall be considered to have been undertaken, assumed, performed, or done as the case may be by specific requirement of statute, whether the obligor undertaking, assuming, performing, or doing any such duty or act, is designated, described, named in, or recognized by any statute or not. No surety shall be released or relieved from liability upon any bond by reason of the fact that the office, appointment, employment, or position, held, occupied, assumed, or undertaken by the obligor is not specifically named in or recognized by any statute, or by reason of the fact that any or all of the duties or acts undertaken, assumed, or performed by the obligor by virtue or color of the obligor's office, appointment, employment, or position are not specifically required, defined, or prescribed by any statute or departmental rule or regulation made under the express or implied authority of any statute.
No bond shall be held void for any formal defects therein. [L 1915, c 67, §3; RL 1925, §2172; RL 1935, §2312; RL 1945, §6003; RL 1955, §138-3; HRS §46-28; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-29 Certain notarial powers conferred upon county officers.

§46-29 Certain notarial powers conferred upon county officers.
Wherever by law any affidavit under oath or any statement or other document to be acknowledged is required to be filed with the chief of police, treasurer, director of finance, clerk, or council of any county as a condition to the granting of any license or the performance of any act by any person, or by any county officer, the chief of police, treasurer, director of finance, or clerk, their deputy or deputies, of the county, shall take the oath or acknowledgment, free of charge, keeping records thereof as required by law of notaries public; provided that nothing herein shall prevent any person desiring so to do from making the oath or acknowledgment before any duly authorized notary public, subject to the notary's legal fees therefor. [L 1919, c 9, §1; RL 1925, §2174; am imp L 1932 1st, c 1, pt of §1; RL 1935, §2314; RL 1945, §6005; RL 1955, §138-4; HRS §46-29; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-30 Transfer of civil service personnel on reorganization.

§46-30 Transfer of civil service personnel on reorganization.
Every civil service employee or officer of any county or city and county transferred or appointed to a civil service position as a consequence of the reorganization of any governmental department, board, commission or office or of any bureau, division, or subdivision thereof, shall be continued as a civil service employee or officer, in the position to which the employee or officer is transferred or appointed, without change in civil service status, reduction in salary range, loss of vacation or sick leave allowances, service credits, or other rights and privileges and without the necessity of examination; provided that such employee or officer possesses at the time of the transfer or appointment, the minimum qualification for the position to which the employee or officer is transferred or appointed; provided further that subsequent changes in status may be made pursuant to applicable personnel laws. [L 1961, c 117, §1; Supp, §138-44; HRS §46-30; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-31 Transfer of noncivil service personnel on reorganization.

§46-31 Transfer of noncivil service personnel on reorganization.
Every noncivil service employee or officer of any county or city and county transferred or appointed to a civil service position as a consequence of the reorganization of any governmental department, board, commission, or office or any bureau, division, or subdivision thereof, shall become a civil service employee as of the date of the transfer or appointment without loss of vacation or sick leave allowances, service credits, or other rights and privileges and without the necessity of examination; provided that the employee or officer possesses, at the time of the transfer or appointment, the minimum qualifications for the position to which the employee or officer is transferred or appointed; provided further that subsequent changes in status may be made pursuant to applicable personnel laws. This section shall not apply to provisional, temporary, or contractual employees at the time of reorganization. [L 1961, c 117, §2; Supp, §138-45; HRS §46-31; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-32 Employees of council.

§46-32 Employees of council.
Any other provision to the contrary notwithstanding, the council of any county may appoint and employ personnel as it deems necessary and prescribe their powers, duties and compensation. All such personnel shall be exempt from the civil service and the position classification plan. Nothing in this section shall be deemed to affect the civil service or exempt status, salary range, vacation, sick leave, service credit and other rights and privileges of any incumbent as it existed on the day prior to May 9, 1977; provided that subsequent changes may be made pursuant to applicable personnel laws. [L 1969, c 78, §1; am L 1977, c 62, §1]
Revision Note
"May 9, 1977" substituted for "the effective date of this section".
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-34 Civil service exemptions.

§46-34 Civil service exemptions.
Any other provision to the contrary notwithstanding in any county charter or otherwise, all employees of any county legal department of the executive branch shall be subject to chapter 76, except for the department head, all attorneys, law clerks, private secretary to the department head and positions under sections 76-77(7), 76-77(8), 76-77(11) and 76-77(12). [L 1977, c 30, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-35 Firefighters, counsel for.

§46-35 Firefighters, counsel for.
Whenever any firefighter is prosecuted for any crime for acts done in the performance of the firefighter's duty as a firefighter, or any traffic violation while in the course of operating any firefighting apparatus or other authorized emergency vehicle of the fire department, or sued in any civil cause for acts done in the performance of the firefighter's duty as a firefighter, the firefighter shall be represented and defended,
(1) In the criminal and traffic violations proceedings by an attorney to be employed and paid by the council, and
(2) In the civil case by the corporation counsel or county attorney, as the case may be. [L 1970, c 178, §1; am L 1983, c 124, §15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-36 Authority of counties to engage in the process of managed competition; established.

§46-36 Authority of counties to engage in the process of managed competition; established.
(a) Subject to the approval of the governor and the respective mayor of the county, the agency designated by the mayor with the responsibility to oversee the managed process for public-private competition for government services shall:
(1) Assist the mayor in formulating the county's philosophy for public collective bargaining and for the managed process for public-private competition for government services, including which particular service can be provided more efficiently, effectively, and economically considering all relevant costs; and
(2) Coordinate and negotiate the terms and conditions or the managed competition process on behalf of the county with exclusive representatives of affected public employees and private contractors.
(b) If a county executes a contract with a private contractor pursuant to the managed competition process authorized under this section, the county may use the layoff provisions of the civil service laws and the respective collective bargaining contracts to release employees displaced from their positions by the managed competition process. Prior to implementing any layoff provision of the civil service laws or a collective bargaining contract, the county shall use its resources for placing, retraining, and providing voluntary severance incentives for displaced employees. Methods that may be used to minimize or avoid the adverse effects of an agency's decision to secure needed services from contractors may include:
(1) Coordination with the private service provider awarded the contract under this section to continue a displaced employee's employment as an employee of the contractor;
(2) Reassignment to another civil service position the employee is qualified to fill;
(3) Retraining to qualify the employee for reassignment; and
(4) Severance incentives.
(c) As used in this section, "managed competition" means the process established in this section by which the county and a private contractor compete to provide government services. [L 2001, c 90, §3; am L 2002, c 106, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-41 Budgets; financial records on fiscal year basis.

§46-41 Budgets; financial records on fiscal year basis.
Except as otherwise provided in this chapter, all counties shall maintain accounting and financial records on a fiscal year basis, beginning on July 1 or another day of a calendar year and ending on the appropriate day of the next succeeding calendar year. Counties may prepare a budget for a one- or two-year period; provided that accounting and financial records are maintained on a fiscal year basis as described above. [L 1965, c 166, §1; Supp, §138-6.5; HRS §46-41; am L 1993, c 169, §1; am L 2006, c 119, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-42 Reports by fiscal officers.

§46-42 Reports by fiscal officers.
The director of finance of each county shall prepare and submit to the council, transmit to the comptroller of the State, and publish in a newspaper of general circulation in the county, immediately following the close of each fiscal year, a statement of income and expenditure by funds, showing the principal sources of revenue, the function or purpose for which expenditures were made, together with a consolidated statement showing similar information for all funds; also a statement showing the balance in each fund at the beginning of the fiscal year, plus the receipts minus the disbursements, and the balance on hand at the close of the fiscal year after deducting outstanding warrants and vouchers.
The director of finance may publish totals of expenses made by administrative departments for administration and executive purposes. [L 1913, c 21, §1; am L 1917, c 205, §1; RL 1925, §2173; am L 1927, c 46, §1; RL 1935, §2313; am L 1941, c 248, §1; RL 1945, §6004; RL 1955, §138-7; am L 1957, c 152, §1; am imp L 1965, c 166, §1; HRS §46-42; gen ch 1985]
Case Notes
County auditor publishes annual report and board of supervisors awards contract and printing of same. 36 H. 355.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-43 County records.

§46-43 County records.
(a) Notwithstanding the provisions of any other law to the contrary, the county legislative body shall determine whether, and the extent to which, the county shall create, accept, retain, or store in electronic form any records and convert records to electronic form.
(b) The director of finance of each county, with the approval of the legislative body and the legal advisor of the county, may authorize the destruction by burning, machine shredding, chemical disintegration, or other acceptable method of disposal of:
(1) All warrants of the county that have been paid and that bear any date ten years prior to the date of destruction; and
(2) All bonds and interest coupons of the county that have been canceled or paid and that bear any date two years prior to the date of destruction.
(c) The director of finance, with the approval of the county legislative body and the county's legal advisor, shall determine the care, custody, and disposition of other county records and may destroy all vouchers, documents, and other records or papers, exclusive of records required either by law or by the legislative body of the county to be permanently retained, that have been on file or retained for a minimum period to be determined by the legislative body of the county by resolution. [L 1947, c 146, pt of §1; RL 1955, §138-8; am L 1963, c 22, §1; am L 1965, c 95, §1; HRS §46-43; gen ch 1985; am L 2005, c 177, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-44.5 Lapsed warrant.

§46-44.5 Lapsed warrant.
Any law to the contrary notwithstanding, any warrant drawn upon any county treasury shall be presented for payment before the close of the fiscal year next after the fiscal year in which it has been issued. All warrants not so presented within that time shall be deemed to be lapsed and shall not be paid, and any money held in the county treasury for payment of the warrant shall thereupon be transferred to a trust fund established and known as the lapsed warrants trust fund; provided that the fund balance in the trust fund shall not exceed $500,000 and any excess of that amount shall be transferred to the general fund; provided that within the period of four fiscal years immediately following the year in which the warrant was lapsed, the payee or assignee of the warrant, or, if the payee is deceased, the personal representative of the estate of the payee, or if the estate of the payee is closed, to any person lawfully entitled to the undisposed property of the deceased payee, shall be entitled to payment of the amount of the warrant out of the trust fund upon filing with the director of finance of the county a claim for recovery supported by evidence that may be deemed satisfactory by the director. [L 1974, c 56, §1; am L 1976, c 200, pt of §1; am L 1998, c 298, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-45 Excessive expenditures; penalty.

§46-45 Excessive expenditures; penalty.
No council, or other board, committee, department, bureau, officer, or employee of any county shall expend, or aid or participate in expending, during any period of time for any purpose, except for and in the exercise by the county of the power of eminent domain, any sum in the absence of an appropriation for the purpose for the period, or any sum in excess of an appropriation, if any, for the purpose for the period, or incur, authorize, or contract, or aid or participate in incurring, authorizing, or contracting, during any fiscal year, liabilities or obligations, whether payable during the fiscal year or not, for any or all purposes, except for and in the exercise by the county of the power of eminent domain, in excess of the amount of money available for the purposes for the county during the year. Any person who violates this section shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1911, c 72, §1; RL 1925, §2178; RL 1935, §2315; am L 1941, c 247, §1; RL 1945, §6006; RL 1955, §138-10; HRS §46-45]
Case Notes
Contract void without prior appropriation. 33 H. 817.
Indictment of supervisors for incurring liabilities in excess of money available. 25 H. 381.
Requirements of statute do not apply where another statute expressly mandates payment. 33 H. 731.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-46 Excess expenditures; when permitted.

§46-46 Excess expenditures; when permitted.
Any provision of law to the contrary notwithstanding, the council of any county may, with the prior approval of the governor and the state director of finance, and upon the authority of the council, any duly authorized department, bureau, officer, or employee of the county may, (1) incur, authorize, and contract, during any fiscal year, liabilities and obligations, whether payable during the fiscal year or not, for any and all purposes, in excess of the moneys available for the purposes of the county during the year, provided that in the case of the county of Hawaii, Kauai, or Maui, the total of liabilities and obligations incurred, authorized, or contracted during any fiscal year in excess of the moneys available to the county during the year shall not exceed $100,000, and in the case of the city and county of Honolulu shall not exceed $250,000, and (2) pay such liabilities and obligations out of any moneys borrowed from the State under section 36-23. [L 1949, c 342, §2; RL 1955, §138-11; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §46-46]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-47 Franchise fees, disposition of.

§46-47 Franchise fees, disposition of.
All moneys received by any county from any public utility corporation under the provisions of the franchise granted to the corporation shall be kept in the highway fund created by section 249-18 and expended on the construction, maintenance, improvement, and repair of public roads and highways of the county in which the same are received, including for the purposes of this section, the installation, maintenance, and repair of street lights and power, and other charges for street lighting purposes as well as the replacement of old street lights, and footpaths or sidewalks; provided that in the city and county of Honolulu the city council may provide for the maintenance of the traffic department, for other purposes and functions connected with the prevention of automobile accidents and preservation of safety upon the highways and streets in the city and county of Honolulu, and for the establishment and maintenance, under the direction of the police department, of one or more vehicle testing stations, from the moneys. [L 1923, c 106, §1; RL 1925, §2179; am L 1927, c 32, §1; RL 1935, §2316; am L 1939, c 130, §1; am L 1941, c 314, §1; RL 1945, §6007; am L 1945, c 83, §2; am L 1955, c 183, §2; RL 1955, §138-12; HRS §46-47]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-48 Deposit of funds in banks.

§46-48 Deposit of funds in banks.
Chapter 38, relating to the deposit of state moneys in banks, is extended to the several counties, so that each county and its director of finance and mayor, respectively, shall have all the rights, powers, obligations and duties in respect of the moneys of the counties as the State, its director of finance and governor, respectively, have in respect of the moneys of the State under chapter 38, provided that nothing in this section contained shall be held to preclude the director of finance of any county from making special deposits, with the approval of the council or the mayor, as the case may be, for the safekeeping of public moneys, other than those deposited in banks under this section, as provided in sections 62-111 and 70-13. [L 1911, c 156, §1; RL 1925, §2180; RL 1935, §2317; am L 1935, c 67, §4; RL 1945, §6008; RL 1955, §138-13; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §46-48]
Note
Sections 62-111 and 70-13 referred to in text are repealed.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-49 Interest on deposits.

§46-49 Interest on deposits.
If any money deposited by the director of finance, under the provisions of section 46-48, belongs to the waterworks funds, then any interest received on the same shall be paid into and credited to the funds, and if any money so deposited belongs to a bond fund, then any interest received on the same shall be paid into and credited to the fund which provides for the payment of interest on bonds. [L 1927, c 194, §2; RL 1935, §2318; am L 1935, c 67, §5; RL 1945, §6010; RL 1955, §138-14; am L 1963, c 18, §1; HRS §46-49]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-51 Deposit of securities with mainland depositories.

§46-51 Deposit of securities with mainland depositories.
The director of finance of each county may, with the approval of the council, deposit securities owned by the county in mainland depositories. The securities shall be subject to all the terms, conditions, and authorizations of the depository agreement which the director of finance may have or may make with any such mainland depository. Further, the director of finance of each county may, with the approval of the council, and with the consent of the state director of finance, place such securities under the control of the state director of finance for safekeeping in mainland depositories. The securities shall be subject to all the terms, conditions, and authorizations of any depository agreement which the state director of finance may have or make with any mainland depository, and all expenses thereof shall be borne by the county. Moneys received by any mainland depository, on behalf of the county, or on behalf of the state director of finance for the county, from the sale or redemption of securities, or as interest, shall not for a period of thirty days after the receipt thereof by the depository be considered as deposits within the meaning of chapter 38, and moneys placed with the depositories for the purchase of securities shall not be considered as deposits within the meaning of chapter 38. [L 1945, c 43, pt of §1; RL 1955, §138-16; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §46-51]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-52 Deposit of securities.

§46-52 Deposit of securities.
The directors of finance of the several counties may deposit for safekeeping with the state director of finance securities deposited with them by the banks with whom they have deposits. The duly authorized representatives of any bank shall at all times during the office hours of the state director of finance have access to the security or securities belonging to the bank deposited with the state director of finance by the directors of finance of the several counties for the purpose of examining the same and removing such coupons as may have matured, the examination to be made in the presence of the state director of finance or the director's representative. [L 1935, c 25, §2; RL 1945, §6009; RL 1955, §138-17; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §46-52; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-53 Loans to the State.

§46-53 Loans to the State.
When there are county moneys which in the judgment of the county director of finance are in excess of the amounts necessary for the immediate county requirements, the county director of finance may, with the approval of the director's council, make temporary loans therefrom to the State if in the director's judgment the action will not impede or hamper the necessary financial operations of the county. The loans to the State may be made without interest, or at such rates of interest, and upon such other terms and conditions, as may be agreed upon between the county director of finance, and the state director of finance and as may be approved by the council and the governor. The loans shall be made only upon the request of the state director of finance, approved by the governor, and they shall be repayable upon the demand of the county director of finance. [L 1945, c 133, §2; RL 1955, §138-18; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §46-53; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-54 Collection of delinquent license fees, taxes, and other amounts.

§46-54 Collection of delinquent license fees, taxes, and other amounts.
In addition to the penalty or forfeiture prescribed by law, an action for the recovery of any delinquent license fees, taxes, or other amounts payable by law, may be brought by the director of finance of any county in the name of the county to which the license fee, tax, or other amount payable by law is due. [L 1943, c 175, §1; RL 1945, §6018; RL 1955, §138-19; HRS §46-54]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-55 Schedule of council anticipated expenditures.

§46-55 Schedule of council anticipated expenditures.
Notwithstanding any law to the contrary, in any county where the population exceeds one hundred thousand, immediately following the enactment of the operating budget ordinance, the head of the legislative body of the county shall submit to the budget director of the county a schedule showing the expenditures of the body anticipated for each quarter of the fiscal year. The schedule shall not require the approval of nor can it be altered by the mayor and the legislative body may proceed without other authority to incur obligations or make expenditures after the schedule has been submitted. The director of finance shall approve or issue any requisition, purchase order, voucher, or warrant in accordance with the schedule and upon request of the legislative body. The schedule may be altered at any time by the body. [L 1970, c 207, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-56 Purchasing.

§46-56 Purchasing.
The director of finance of each county that does not have any centralized purchasing provision in its charter, may adopt rules and regulations governing the procurement and purchase of materials, supplies, equipment, and services, subject to the requirements of chapter 103D. [L 1977, c 4, §1; am L Sp 1993, c 8, §54]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-61 Eminent domain; purposes for taking property.

§46-61 Eminent domain; purposes for taking property.
Each county shall have the following specific powers: To take private property for the purpose of establishing, laying out, extending and widening streets, avenues, boulevards, alleys, and other public highways and roads; for pumping stations, waterworks, reservoirs, wells, jails, police and fire stations, city halls, office and other public buildings, cemeteries, parks, playgrounds and public squares, public off-street parking facilities and accommodations, land from which to obtain earth, gravel, stones, and other material for the construction of roads and other public works and for rights-of-way for drains, sewers, pipe lines, aqueducts, and other conduits for distributing water to the public; for flood control; for reclamation of swamp lands; and other public uses within the purview of section 101-2 and also to take such excess over that needed for such public use or public improvement in cases where small remnants would otherwise be left or where other justifiable cause necessitates the taking to protect and preserve the contemplated improvement or public policy demands, the taking in connection with the improvement, and to sell or lease the excess property with such restrictions as may be dictated by considerations of public policy in order to protect and preserve the improvement; provided that when the excess property is disposed of by any county it shall be first offered to the abutting owners for a reasonable length of time and at a reasonable price and if such owners fail to take the same then it may be sold at public auction. [L 1907, c 67, §1; am L 1913, c 97, §1; am L 1919, c 170, §1; RL 1925, §1952; RL 1935, §2300; am L 1937, c 184, §6; am L 1941, c 53, §1; am L 1943, c 153, §1; RL 1945, §6101; am L 1951, c 12, §5 and c 96, §1; RL 1955, §141-1; am imp L 1965, c 97, §1; HRS §46-61]
Law Journals and Reviews
Dolan v. City of Tigard: Individual Property Rights v. Land Management Systems. 17 UH L. Rev. 193.
Case Notes
In condemnation of land, proper party plaintiff is the Territory and not the superintendent of public works of the Territory. 20 H. 365.
This section, §46-62, and §101-2 neither limit counties' general power of eminent domain as set out in §46-1.5(6), nor divest counties of authority to enact ordinances allowing for condemnation of land for any particular public purpose. 76 H. 46, 868 P.2d 1193.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-62 Eminent domain; proceedings according to chapter 101.

§46-62 Eminent domain; proceedings according to chapter 101.
The proceedings to be taken on behalf of the county for the condemnation of property as provided in section 46-61, shall be taken and had in accordance with chapter 101, as the same may be applicable. [L 1907, c 67, §4; RL 1925, §1953; RL 1935, §2301; RL 1945, §6102; am L 1951, c 12, §5(b); RL 1955, §141-2; HRS §46-62]
Case Notes
Section 46-61, this section, and §101-2 neither limit counties' general power of eminent domain as set out in §46-1.5(6), nor divest counties of authority to enact ordinances allowing for condemnation of land for any particular public purpose. 76 H. 46, 868 P.2d 1193.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-63 Gift or sale of county property for care of aged persons.

§46-63 Gift or sale of county property for care of aged persons.
The several counties may give, sell, set aside, and transfer property, real or personal, to private eleemosynary organizations dedicated to the care of aged persons, so long as it is used for the care of aged persons. [L 1963, c 122, §1; Supp, §138-53; HRS §46-63]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-64 Disposition of surplus property.

§46-64 Disposition of surplus property.
Any other law to the contrary notwithstanding, any county may give, sell, or transfer any of its surplus personal property to the State or to any county within the State. [L 1965, c 251, §1; Supp, §138-54; HRS §46-64]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-65 Parks in the charge of council.

§46-65 Parks in the charge of council.
All public parks and public recreation grounds are transferred to and placed in the charge of the council of the county in which the same may be located, to be maintained, managed, and controlled by them. All lands set apart or acquired as public parks and public recreation grounds shall likewise be placed in the charge of and maintained by the several councils. This section shall not apply to parks and public recreational grounds in the city and county of Honolulu, or to the parks and parkways in the state park system. [L 1911, c 100, §1; am L 1913, c 132, §1; RL 1925, §1919; am L 1931, c 175, §1; RL 1935, §2368; RL 1945, §6138; am L 1949, c 185, §3; RL 1955, §142-24; HRS §46-65]
Cross References
Parks and playgrounds for subdivisions, see §46-6.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-65.5 Exchange of park property.

§46-65.5 Exchange of park property.
The counties may accept from or transfer to the State, park lands, which may include related improvements, personnel, equipment, and functions. [L 1987, c 335, §3]
Note
Transfer of parks between State and counties. L 1988, c 7 repealing L 1984, c 34; L 1991, c 312.
Cross References
Aina Hoomalu, see §184-31.
State provisions, see §184-3.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-65.6 Thomas Square; to be maintained.

§46-65.6 Thomas Square; to be maintained.
Thomas Square shall be maintained as a public park. [L 1925, JR 1; RL 1935, §2369; RL 1945, §6139; RL 1955, §142-25; HRS §70-121; ren and am L 1988, c 263, pt of §8]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-65.7 Ala Wai golf course.

§46-65.7 Ala Wai golf course.
The fair commission of Hawaii is abolished and the functions and authority of the fair commission of Hawaii relating to the Ala Wai golf course are transferred to the city and county of Honolulu, together with the use and control of all lands, property, and facilities under its jurisdiction; provided that the lands, property, and facilities shall be used for the purposes of operating a municipal golf course; and provided further that the governor may by executive order transfer the use and control of the lands, property, and facilities or any part of the lands, property, and facilities to the appropriate department or agency of the State designated by the governor upon the giving of six months' written notice before the date of the transfer back to the State to the city and county of Honolulu. [L Sp 1959 2d, c 1, §29; Supp, §14A-28; HRS §70-122; ren and am L 1988, c 263, pt of §8; am L Sp 1993, c 7, §9]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-66 Disposition of real property.

§46-66 Disposition of real property.
Notwithstanding any other law to the contrary and except as provided in section 46-67, each county, subject to the approval of the council, may grant, sell, or otherwise dispose of any easement for particular purposes in perpetuity by direct negotiation or otherwise, subject to reverter to the county upon the termination or abandonment of the specific purpose for which the easement was granted, including easements over, under, through, and across land bordering the ocean and easements for any governmental or public utility purpose or for chilled water and seawater distribution systems for renewable energy seawater air conditioning district cooling systems. [L 1970, c 176, §1; am L 2007, c 205, §4; am L 2011, c 46, §2; am L 2022, c 211, §3]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-67 Easements; formal subdivision process and approval exemption.

§46-67 Easements; formal subdivision process and approval exemption.
Notwithstanding any provision of law to the contrary, the granting of easements on public lands affecting the transfer of public lands between the department of land and natural resources and department of agriculture, pursuant to chapter 166E, may be exempt from formal subdivision process and approval requirements, including requirements for surveying and formalizing easements. Any exemption granted pursuant to this section shall be limited to easements created for a public purpose on public or other government-owned lands. The government agency that grants the easements may notify in writing the county having jurisdiction to process and approve the easements of the government agency's intent to invoke this exemption. [L 2022, c 211, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-71 Service of process upon county.

§46-71 Service of process upon county.
Service of any notice or process issued against any county by any court, judicial or administrative officer or board may be made by any officer authorized to make service of process, and may be made upon the corporation counsel or county attorney or any of the corporation counsel's or county attorney's deputies, or as provided by the county charter. Any such service shall be binding upon the county. [L 1911, c 11, §1; RL 1925, §2184; RL 1935, §2320; RL 1945, §6012; RL 1955, §138-20; HRS §46-71; am L 1973, c 134, §1; gen ch 1985]
Rules of Court
Service upon county, see HRCP rule 4(d)(6).
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-72.5 Counties' limited liability for skateboard activities at public skateboard parks.

§46-72.5 Counties' limited liability for skateboard activities at public skateboard parks.
(a) No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park, except when injury or damage is caused by a condition resulting from the public entity's failure to maintain or repair the skateboard park.
(b) Counties shall maintain a record of all known or reported injuries incurred by skateboard users in a public skateboard park and all claims paid for such injuries and shall submit a report to the legislature on or before twenty days before the convening of the 2008 legislative session, along with any recommendations regarding the need for further immunity from liability. [L 2003, c 144, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-73 Claims for legislative relief; conditions.

§46-73 Claims for legislative relief; conditions.
All claims for refunds, reimbursements, or other payments by any county, authorization for which is sought from the legislature, shall, as a condition to their being considered by the legislature, be filed in duplicate with the county council or city council of the county concerned at least thirty days prior to the convening of the legislature, together with duplicates of all data and documents in support thereof. In the absence of a showing of sufficient reason therefor, failure to comply with this paragraph shall be deemed sufficient cause for refusal of the legislature to consider the claims.
The county council or city council shall immediately upon receipt thereof refer the claim and data so received by it to the head of the department, bureau, board or commission concerned, and the person to whom the reference is made shall immediately investigate the claim, secure in duplicate all available data and documents bearing thereon, and prior to the convening of the legislature refer the same back to the county council or city council with the person's recommendations thereon. The county councils or city council shall, within five days after the opening of the session, transmit the claims which have not been paid by the county concerned in an appropriate legislative bill form, together with all accompanying data so presented, to the legislature. [L 1943, c 75, §1; RL 1945, §6015; RL 1955, §138-22; HRS §46-73; am L 1973, c 178, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-74 Waiver of exemption from assessment for improvements.

§46-74 Waiver of exemption from assessment for improvements.
Notwithstanding sections 67-8 and 46-74.2 or any other law to the contrary, any society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes whose land is exempt by law from assessment for improvements, may file or join others in filing a petition for an improvement district and shall, by such filing or joining to file, be deemed to have waived exemption from assessment for improvements and its lands within the improvement district shall be assessed for improvements without contribution from the county or the State. [L 1967, c 35, §1; HRS §46-74]
Note
Section 67-8 referred to in text is repealed.
Revision Note
Section "46-74.2" substituted for "70-111".
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-74.1 Exemption from improvement assessments.

§46-74.1 Exemption from improvement assessments.
Subject to sections 67-8 and 46-74.2, any land exempted by law from payment of property taxes which land is owned by a society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes, whose charter or other enabling act contains a provision that, in the event of dissolution, the land owned by such society, association, or corporation shall be distributed to another society, association, or corporation engaged in religious, charitable, educational, scientific, literary, or other benevolent purposes shall be exempt from assessments to pay for the cost of any improvements included in any improvement district. [L 1968, c 65, §2]
Note
Section 67-8 referred to in text is repealed.
Revision Note
Section "46-74.2" substituted for "70-111".
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-75 Improvement bonds exempt from taxation.

§46-75 Improvement bonds exempt from taxation.
All bonds issued by any of the counties of the State for improvements by assessments, and the interest thereon, shall be exempt from all state, county, and municipal taxation, except inheritance, transfer, and estate taxes. [L 1963, c 128, §1; Supp, §138-71; HRS §46-75]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-76 Location of utility facilities in improvement districts.

§46-76 Location of utility facilities in improvement districts.
Notwithstanding any provision of law to the contrary, whenever any public improvement is established, constructed, improved, or altered pursuant to the improvement by assessment statutes or ordinances, and in conjunction therewith it is necessary to provide for the installation or require the removal, relocation, replacement, or reconstruction of public utility facilities that are privately owned, the respective legislative bodies of the counties shall determine whether the whole or a portion of such utility facilities shall be located overhead or underground. Where it is decided that the whole or a portion of the utility facilities shall be relocated, replaced or reconstructed, which installation shall constitute a public improvement, the respective legislative bodies of the counties shall determine what portion of the costs of the installation or the removal, relocation, replacement, or reconstruction of the utility facilities required shall be borne by the utility companies, counties and the properties specially benefited within the improvement district; provided that such costs borne by the counties and the utility companies shall be paid in a lump sum, that the portion of the costs to be borne by the utility companies shall be the same percentage of the total relocation cost for each utility company required to remove, relocate, replace or reconstruct its facilities within the improvement district and the costs that are allocated against the properties specially benefited in the improvement district shall be assessed and paid for in accordance with the provisions of the improvement by assessment statutes or ordinances; provided further that the counties may issue bonds under any applicable laws to pay their share of such costs and the costs allocated against the properties specially benefited may be financed under any applicable laws as are other special assessments against specially benefited property.
The foregoing provisions shall not be applicable to the subdivision of lands which require the installation of utility facilities in new streets established by the subdivision and which subdivision is initiated, created or made by a private developer. [L 1968, c 73, §3; am L 1985, c 201, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-77 Underground utility facilities in improvement districts.

§46-77 Underground utility facilities in improvement districts.
Notwithstanding the provision of any statute or ordinance or any regulation made under authority thereof, whenever the legislative body of a county shall determine that the whole or a portion of public utility facilities that are privately owned shall be located underground within an improvement district established pursuant to improvement by assessment statutes or ordinances, the utility engineering, placing of cables and splicing work shall be performed by the public utility concerned notwithstanding that a portion of the cost of the installation of such utility facilities underground may be borne by the county within which such improvement district is situated or the properties specially benefited within such improvement district or both. [L 1969, c 256, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-79 CUSIP numbers for district improvement bonds or improvement district bonds of counties.

§46-79 CUSIP numbers for district improvement bonds or improvement district bonds of counties.
Unless the governing body shall otherwise direct, the director of finance of any county issuing district improvement bonds or improvement district bonds of such county pursuant to either state statutes or charter or ordinances adopted under either thereof in the director's discretion may provide that CUSIP identification numbers shall be imprinted on such bonds. In the event such numbers are imprinted on any such bonds (i) no such number shall constitute a part of the contract evidenced by the particular bond upon which it is imprinted and (ii) no liability shall attach to the county, such district or any officer or agent of either thereof, including any fiscal agent, paying agent or registrar for such bonds, by reason of such numbers or any use made thereof, including any use thereof made by the county, such district, any such officer or any such agent, or by reason of inaccuracy, error or omission with respect thereto or in such use. Unless the governing body shall otherwise direct, the director of finance in the director's discretion may require that all cost of obtaining and imprinting such numbers shall be paid by the purchaser of such bonds. For the purposes of this section, the term "CUSIP identification numbers" means the numbering system adopted by the Committee for Uniform Security Identification Procedures formed by the Securities Industry Association. [L 1974, c 109, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 46. General Provisions › 46-81 Reserve funds for payment of improvements.

§46-81 Reserve funds for payment of improvements.
Any other law to the contrary notwithstanding, no county with a population of less than 100,000 persons shall impose or collect any ad valorem assessment to establish, maintain, or replenish a reserve fund. As used in this section, "reserve fund" means any fund established by a county to provide security, in addition to any special fund made up of moneys collected on account of assessments and interest for improvements, for the payment of principal and interest on bonds issued for such improvements where moneys in the special fund are insufficient for this purpose. The provisions of this section shall not prevent any county from imposing or collecting an ad valorem assessment to establish, maintain, or replenish a reserve fund for an improvement by assessment district in existence on June 2, 1978. [L 1978, c 180, §1(1)]
Revision Note
"June 2, 1978" substituted for "the effective date of this section".