Chapter 46 — General

§46-19.6 [OLD] REPEALED. L 1994, c 168, §2. [§46-19.6] County building permits; incorporation of energy and environmental design building standards in project design; priority processing. (a) Each county agency that issues building, construction, or development-related permits sh…

§46-2 Publication or advertising of ordinances, amendments, resolutions, and bills. Notwithstanding any other provisions of law to the contrary, whenever any law requires the publication or advertisement of ordinances, amendments, resolutions, or bills, the publication or adverti…

§46-2.2 Publication of supplements. Comprehensive ordinance codes published pursuant to section 46-2.1 shall be updated at least once a year by either of the following methods:

§46-20.1 County ownership of sewer transmission lines and facilities servicing Hawaiian home lands. (a) All sewer transmission lines and other sewerage facilities servicing Hawaiian home lands existing on [July 7, 2014,] that were developed, constructed, operated, improved, or ma…

PART II. OFFICERS AND EMPLOYEES §46-21 REPEALED. L 1970, c 26, §3.

§46-21.5 REPEALED. L 1985, c 146, §2.

§46-22 Compensation of certain county officials. Any law to the contrary notwithstanding, each county, including the city and county of Honolulu, by ordinance shall fix the salaries for its officials whose salaries are presently specifically established by statute or ordinance. […

[§46-22.1 Salaries of members of council.] Any law or county charter to the contrary notwithstanding, effective July 1, 1969, the salaries of the members of the county legislative bodies shall be as follows: Per Year Chairperson of the council.............. $16,000 Members of the…

§46-23 Salaries of department heads, deputies, assistants; fixed how. Salaries of appointive heads of departments and salaries of deputies or assistants of any department, whose head is elected or appointed, shall be fixed by the council of the respective county governments where…

§46-24 Limitation on salary of first deputy or assistant. Notwithstanding any other law to the contrary, the salary of any first deputy or first assistant to the head of any department of the county governments shall not exceed a sum equal to ninety-five per cent of the salary of…

§46-25 Salaries of county officers and employees; moneys payable into treasury. The salaries provided by law for county officers or employees shall be in full compensation for all services rendered, and every officer or employee shall pay all moneys belonging to the county coming…

§46-25.5 Expenses. Subject to section 78-32 and procedures prescribed by the director of finance of the county and approved by the mayor, all officers and employees of each county shall be entitled to travel or other necessary expenses in the performance of their official duties …

§46-26 Bonds of county officers; form. Every bond required to be given by any officer, deputy, assistant, clerk, or employee, in any department, bureau, office, or service, of any county, shall be made payable to the county, and shall be in such form as the officer with whom the …

§46-27 Approval of bonds. The sufficiency of the bonds of the members of the several councils and the mayor of the city and county of Honolulu shall be approved by a judge of the circuit court having jurisdiction over or within the county, and all other bonds shall be approved as…

§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 obl…

§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 con…

§46-3 REPEALED. L 1991, c 4, §2.

§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 …

§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, commissi…

§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 th…

§46-33 Exemption of certain county positions. In any county with a population of 500,000 or more, the civil service to which this section refers is comprised of all positions in the public service of such county, now existing or hereafter established, and embraces all personal se…

§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 v…

§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-priv…

§46-4 County zoning. (a) This section and any ordinance, rule, or regulation adopted in accordance with this section shall apply to lands not contained within the forest reserve boundaries as established on January 31, 1957, or as subsequently amended. Zoning in all counties shal…

§46-4.1 REPEALED. L 1983, c 133, §2.

§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 sta…

§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 electr…

§46-44 REPEALED. L 2005, c 177, §7.

§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 s…

§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 p…

§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, burea…

§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,…

§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 th…

§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 …

§46-5 Planning and traffic commissions; creation. The legislative body of any county with a population of less than 100,000 persons shall, without prejudice to the generality of the foregoing powers, and except as otherwise provided, have the following specific powers in addition…

§46-50 Short term investment of county moneys. (a) The director of finance of each county may, with the approval of the legislative body, invest county moneys that are in excess of the amounts necessary for the meeting of immediate requirements when in the judgment of the legisla…

§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…

§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 tim…

§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 temp…

§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 …

[§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 s…

§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…

§46-6 Parks and playgrounds for subdivisions. (a) Except as hereinafter provided, each county shall adopt ordinances to require a subdivider, as a condition to approval of a subdivision to provide land in perpetuity or to dedicate land for park and playground purposes, for the us…

PART IV. REAL AND PERSONAL 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 ot…

§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;…

§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 person…

§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]

§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 p…

§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, proper…

§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 n…