Title 6, County Organization And Administration

[§46-197] Grants. The county system may seek and accept any funds or property and other desirable support and assistance from any source whatsoever, whether gift, grant, services, or any combination thereof, subject to applicable laws. [L 2021, c 208, pt of §1]

[§46-198] Immunity and limitation on liability for emergency aeromedical services. The county shall not be liable for any claim of injury or death based on a failure to establish or continue emergency aeromedical services in any part of the county. [L 2021, c 208, pt of §1]

[§46-199] Rules. The county may adopt rules necessary for the implementation of this part, subject to chapter 91. [L 2021, c 208, pt of §1]

§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…

[§46-2.1] Comprehensive ordinance codes. All ordinances which have been duly enacted and not repealed by counties having a population in excess of 100,000 persons shall be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code which shall be publi…

§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] Regulation of sewerage and wastewater treatment systems. Effective July 1, 1987, counties may implement programs for the regulation of sewerage and wastewater treatment systems in their respective county jurisdictions; except that a county program shall be implemented by…

§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…

[§46-20.2] Infrastructure maintenance; housing development for the department of Hawaiian home lands. (a) Notwithstanding any other provision to the contrary, infrastructure for any housing development for the department of Hawaiian home lands shall be maintained by the county in…

[§46-20.5] Regulation of towing operations. Any law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating towing operations, including but not limited to ordinances relating to rates, equipment standards, hou…

[§46-20.7] County transient accommodations tax. Each county may establish a transient accommodations tax not to exceed the maximum rate set forth in section 237D-2.5. The county transient accommodations tax shall be in addition to any state transient accommodations tax. A county …

§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…

§46-30 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…

[§46-34] 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 clerk…

§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…

[§46-4.2] Nonsignificant zoning changes. Each county may provide by ordinance that nonsignificant changes to zoning boundaries may be made administratively by the designated county agency with responsibility over zoning matters, provided that "nonsignificant changes" shall mean a…

[§46-4.5] Ordinances establishing historical, cultural, and scenic districts. No ordinance to establish a historical, cultural, and scenic district around the environs of the Hawaii state capitol shall be valid unless the requirements and objectives in creating such a district an…

[§46-4.6] Residential development; areas zoned for commercial use; administrative approval. Notwithstanding any law to the contrary, beginning January 1, 2025, residential uses, including multifamily uses, in any area zoned under this chapter for commercial use shall be considere…

[§46-4.7] Adaptive reuse; commercial buildings. (a) No later than January 1, 2025, each county shall adopt or amend its ordinances to allow for adaptive reuse of existing commercial buildings in the county's building code; provided that adaptive reuse of existing commercial build…

[§46-4.8] Accessory dwelling units on residentially zoned lots. (a) Each county shall adopt or amend accessory dwelling unit ordinances pursuant to this section to help address deficits in their housing inventory based on Hawaii housing planning studies published by the Hawaii ho…

PART III. FISCAL ADMINISTRATION §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 end…

§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…

§46-44.5 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…