Hawaii Revised Statutes 46. General Provisions

PART I. GENERAL JURISDICTION AND POWERS

• 46-1 Meeting Place of Council.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-1 Meeting place of council. All...
• 46-1.5 General Powers and Limitation of the Counties.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-1.5 General powers and limitation of...
• 46-1.6 Repealed.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-1.6 REPEALED. L 1996, c 13,
• 46-1.7 Retention of Emergency 911 Recordings.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-1.7] Retention of emergency 911 recordings....
• 46-1.8 Reciprocal Supplying of Tax Information.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-1.8] Reciprocal supplying of tax information....
• 46-1.55 Indigenous Hawaiian Architecture.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-1.55 Indigenous Hawaiian architecture. (a) Each...
• 46-2 Publication or Advertising of Ordinances, Amendments, Resolutions, and Bills.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-2 Publication or advertising of ordinances,...
• 46-2.1 Comprehensive Ordinance Codes.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-2.1] Comprehensive ordinance codes. All ordinances...
• 46-2.2 Publication of Supplements.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-2.2 Publication of supplements. Comprehensive ordinance...
• 46-3 Repealed.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-3 REPEALED. L 1991, c 4,...
• 46-3.5 Repealed.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-3.5 REPEALED. L 2009, c 4,
• 46-4 County Zoning.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-4 County zoning. (a) This section...
• 46-4.1 Repealed.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-4.1 REPEALED. L 1983, c 133,
• 46-4.2 Nonsignificant Zoning Changes.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-4.2] Nonsignificant zoning changes. Each county...
• 46-4.5 Ordinances Establishing Historical, Cultural, and Scenic Districts.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-4.5] Ordinances establishing historical, cultural, and...
• 46-5 Planning and Traffic Commissions; Creation.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-5 Planning and traffic commissions; creation....
• 46-6 Parks and Playgrounds for Subdivisions.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-6 Parks and playgrounds for subdivisions....
• 46-6.5 Public Access.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-6.5] Public access. (a) Each county...
• 46-7 Agreements With Federal Government; Use of Funds.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-7 Agreements with federal government; use...
• 46-8 State and County Co-Sponsorship of Programs.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-8 State and county co-sponsorship of...
• 46-9 Expenditures of Money for Sister-City Relationships.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-9 Expenditures of money for sister-city...
• 46-10 County Bands; Travel.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-10 County bands; travel. The county...
• 46-11 Federal Flood Insurance.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-11 Federal flood insurance. The Hawaii...
• 46-11.5 Maintenance of Channels, Streambeds, Streambanks, and Drainageways.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-11.5] Maintenance of channels, streambeds, streambanks,...
• 46-12 Cleaning Shores and Beaches of Seaweed, Limu, and Debris.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-12 Cleaning shores and beaches of...
• 46-12.5 State Beach Park Lifeguard Services.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-12.5] State beach park lifeguard services....
• 46-13 Each County to Determine Its Own Number of Fire Stations.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-13 Each county to determine its...
• 46-13.1 Volunteer Fire Stations.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-13.1] Volunteer fire stations. The council...
• 46-14 Repealed.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-14 REPEALED. L 1978, c 153,...
• 46-14.5 Land Use Density and Infrastructure; Low-Income Rental Units.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-14.5 Land use density and infrastructure;...
• 46-15 Experimental and Demonstration Housing Projects.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15 Experimental and demonstration housing projects....
• 46-15.01 Limitation of Application.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-15.01] Limitation of application. This chapter...
• 46-15.1 Housing; County Powers.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15.1 Housing; county powers. [Repeal and...
• 46-15.2 Housing; Additional County Powers.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15.2 Housing; additional county powers. In...
• 46-15.3 Regulation of Adult Family Boarding Home and Care Home.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15.3 Regulation of adult family boarding...
• 46-15.4 Administrative Inspections and Warrants.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15.4 Administrative inspections and warrants. (a)...
• 46-15.5 Cooperation by State Departments.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15.5 Cooperation by state departments. All...
• 46-15.6 Definitions.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15.6 Definitions. When used in this...
• 46-15.7 Concurrent Processing.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-15.7] Concurrent processing. When amendments to...
• 46-15.9 Traffic Regulation; Repair and Maintenance; Public Right to Use Public Streets, Roads, or Highways Whose Ownership is in Dispute.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15.9 Traffic regulation; repair and maintenance;...
• 46-15.25 Infrastructure Dedication; Affordable Housing.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15.25 Infrastructure dedication; affordable housing. (a)...
• 46-15.35 Family Child Care Homes; Permitted Use in Residential Areas and Agriculturally Designated Districts.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15.35 Family child care homes; permitted...
• 46-15.36 Hospice Homes; Permitted Use in Residential Areas.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-15.36] Hospice homes; permitted use in...
• 46-15.39 Repealed.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-15.39 REPEALED. L 2005, c 139,
• 46-16 Traffic Regulation and Control Over Private Streets.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-16 Traffic regulation and control over...
• 46-16.2 Commuter Benefits Program.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-16.2] Commuter benefits program. (a) The...
• 46-16.3 Regulation of Commercial Bicycle Tours.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-16.3] Regulation of commercial bicycle tours....
• 46-16.5 Public Passenger Vehicle Regulation.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-16.5 Public passenger vehicle regulation. (a)...
• 46-16.7 Repealed.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-16.7 REPEALED. L 2006, c 38,
• 46-16.8 County Surcharge on State Tax.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-16.8 County surcharge on state tax....
• 46-17 Regulation of Certain Public Nuisances.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-17 Regulation of certain public nuisances....
• 46-18 Central Coordinating Agency.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-18 Central coordinating agency. (a) Each...
• 46-19 Development of Alternative Energy Resources.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-19] Development of alternative energy resources....
• 46-19.1 Facilities for Solid Waste Processing and Disposal and Electric Generation; Financing; Sale.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-19.1 Facilities for solid waste processing...
• 46-19.4 Priority Permitting Process for Renewable Energy Projects.]
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-19.4 Priority permitting process for renewable...
• 46-19.5 Energy Conservation Standards for Building Design and Construction.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-19.5 Energy conservation standards for building...
• 46-19.6 [Old] Repealed.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. §46-19.6 [OLD] REPEALED. L 1994, c...
• 46-19.7 Individual Shower Control Valves Required.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-19.7] Individual shower control valves required....
• 46-20 Regulation of Sewerage and Wastewater Treatment Systems.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-20] Regulation of sewerage and wastewater...
• 46-20.1 County Ownership of Sewer Transmission Lines and Facilities Servicing Hawaiian Home Lands.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-20.1] County ownership of sewer transmission...
• 46-20.5 Regulation of Towing Operations.
  Emergency preparedness, see §125C-32. Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A. [§46-20.5] Regulation of towing operations. Any...

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...
• 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...
• 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...
• 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...
• 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...
• 46-25.5 Expenses.
  Subject to procedures prescribed by the director of finance of the county and approved by the mayor, all officers and employees of each county...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 46-50 Short Term Investment of County Moneys.
  The director of finance of each county may, with the approval of the legislative body, invest county moneys that are in excess of the...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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;...
• 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...
• 46-66 Disposition of Real Property.
  Notwithstanding any other law to the contrary, each county, subject to the approval of the council, may grant, sell, or otherwise dispose of any...

PART V. MISCELLANEOUS

• 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...
• 46-71.5 Indemnification of County Agencies
  . (a) To receive county aid, assistance, support, benefits, services, and interests in or rights to use county property, a state agency may agree in...
• 46-72 Liability for Injuries or Damages; Notice.
  Before the county shall be liable for damages to any person for injuries to person or property received upon any of the streets, avenues,...
• 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,...
• 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...
• 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,...
• 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,...
• 46-74.2 Public Land or Land Exempt From Taxation, Etc.; Cost Otherwise Assessable Against Borne by City and County.
  Whenever (1) any public land, except lands owned by the board of water supply, or (2) any land by law exempted from improvement assessments,...
• 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...
• 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...
• 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...
• 46-78 Improvement Districts, Initiation by the State.
  Notwithstanding any provision of law to the contrary, the respective legislative bodies of the counties may, upon the petition of the state department of...
• 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...
• 46-80 Improvement by Assessment; Financing.
  Any county having a charter may enact an ordinance, and may amend the same from time to time, providing for the making and financing...
• 46-80.1 Community Facilities District.
  (a) Any county having a charter may enact an ordinance, and may amend the same from time to time, providing for the creation of...
• 46-80.5 Special Improvement District.
  (a) In addition and supplemental to the authority vested in the counties by sections 46-80 and 46-80.1, any county having a charter may enact...
• 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...
• 46-85 Contracts for Solid Waste Disposal.
  Any other law to the contrary notwithstanding, a county is authorized from time to time to contract with users or operators of a project...
• 46-86 Transactions for Utility Services.
  Any other law to the contrary notwithstanding, the disposal of solid waste by a county or project party is a utility service, but shall...
• 46-87 Liquidated Damages.
  Any other law to the contrary notwithstanding, a contract for the provision of utility services, goods, or commodities, including water or electrical energy, by...
• 46-88 Agricultural Buildings and Structures; Exemptions From Building Permit and Building Code Requirements.
  (a) Notwithstanding any law to the contrary, the following agricultural buildings, structures, and appurtenances thereto that are not used as dwellings or lodging units...
• 46-89 Broadband-Related Permits; Automatic Approval.
  [Section repealed June 30, 2018. L 2013, c 264, §5.] (a) A county shall approve, approve with modification, or disapprove all applications for broadband-related permits...

PART VI. TAX INCREMENT FINANCING

• 46-101 Short Title.
  This part shall be known and may be cited as the "Tax Increment Financing Act". [L 1985, c 267, pt of §1]
• 46-102 Definitions.
  As used in this part, the following words and terms shall have the following meanings unless the context indicates a different meaning or intent:...
• 46-103 Establishment of Tax Increment District.
  Any county council may provide for tax increment financing by approving a tax increment financing plan and adopting an ordinance establishing the tax increment...
• 46-104 County Powers.
  A county may exercise any power necessary and convenient to establish tax increment districts, including the power to: (1) Create tax increment districts and...
• 46-105 Collection of Tax Increments.
  (a) The county by ordinance shall provide for the allocation of real property taxes and tax increments in the manner required by this part....
• 46-106 Tax Increment Bonds.
  (a) A county may issue tax increment bonds, the proceeds of which may be used to pay project costs for a tax increment district...
• 46-107 Tax Increment Bond Anticipation Notes.
  Whenever the county has authorized the issuance of tax increment bonds under this part, tax increment bond anticipation notes of the county may be...
• 46-108 Annual Report.
  The county council by ordinance may require the director of finance to prepare a report to the county council on the status of the...
• 46-109 Termination of a Tax Increment District.
  A tax increment district shall terminate at the time designated in the ordinance creating the district or at an earlier time designated by a...
• 46-110 Tax Increment Fund.
  (a) Money shall be disbursed from the tax increment fund for a tax increment district only to satisfy the claims of holders of tax...
• 46-111 Computation of Tax Increment.
  (a) Upon or after creation of a tax increment district, the director of finance of the county in which the district is situated shall...
• 46-112 Tax on Leased Redevelopment Property.
  Whenever property in the tax increment district has been redeveloped and thereafter is leased by the county or redevelopment agency to any person or...
• 46-113 Cumulative Effect.
  Neither this part nor anything contained in this part shall be construed as a restriction or limitation upon any power which a county might...

PART VII. DEVELOPMENT AGREEMENTS

• 46-121 Findings and Purpose.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-122 Definitions.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-123 General Authorization.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-124 Negotiating Development Agreements.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-125 Periodic Review; Termination of Agreement.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-126 Development Agreement; Provisions.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-127 Enforceability; Applicability.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-128 Public Hearing.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-129 County General Plan and Development Plans.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-130 Amendment or Cancellation.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-131 Administrative Act.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...
• 46-132 Filing or Recordation.
  Is Agricultural Land in Hawai‘i "Ripe" for a Takings Analysis? 24 UH L. Rev. 121. Avoiding the Next Hokuli‘a: The Debate over Hawai‘i's Agricultural...

PART VIII. IMPACT FEES

• 46-141 Definitions.
  Sections 46-141 to 46-148, enacted as a new chapter, are codified to this chapter pursuant to §23G-15(1). §46-141 Definitions. As used in this part,...
• 46-142 Authority to Impose Impact Fees; Enactment of Ordinances Required.
  Sections 46-141 to 46-148, enacted as a new chapter, are codified to this chapter pursuant to §23G-15(1). §46-142 Authority to impose impact fees; enactment...
• 46-142.5 School Impact Districts; New Building Permit Requirements.]
  Sections 46-141 to 46-148, enacted as a new chapter, are codified to this chapter pursuant to §23G-15(1). [§46-142.5 School impact districts; new building permit...
• 46-143 Impact Fee Calculation.
  Sections 46-141 to 46-148, enacted as a new chapter, are codified to this chapter pursuant to §23G-15(1). §46-143 Impact fee calculation. (a) A county...
• 46-144 Collection and Expenditure of Impact Fees.
  Sections 46-141 to 46-148, enacted as a new chapter, are codified to this chapter pursuant to §23G-15(1). §46-144 Collection and expenditure of impact fees....
• 46-145 Refund of Impact Fees.
  Sections 46-141 to 46-148, enacted as a new chapter, are codified to this chapter pursuant to §23G-15(1). §46-145 Refund of impact fees. (a) If...
• 46-146 Time of Assessment and Collection of Impact Fees.
  Sections 46-141 to 46-148, enacted as a new chapter, are codified to this chapter pursuant to §23G-15(1). [§46-146] Time of assessment and collection of...
• 46-147 Effect on Existing Ordinances.
  Sections 46-141 to 46-148, enacted as a new chapter, are codified to this chapter pursuant to §23G-15(1). [§46-147] Effect on existing ordinances. This part...
• 46-148 Transitions.
  Sections 46-141 to 46-148, enacted as a new chapter, are codified to this chapter pursuant to §23G-15(1). [§46-148] Transitions. Any county requiring impact fees...

PART IX. TRANSFER OF DEVELOPMENT RIGHTS

• 46-161 Findings and Purpose.
  The legislature finds that there is a need to clarify the authority of the counties to exercise the power to transfer development rights within...
• 46-162 Definitions.
  As used in this part, unless the context clearly requires otherwise: "Council" means the county council. "Development rights" means the rights permitted for a...
• 46-163 Conditions for the Transfer of Development Rights.
  In addition to any existing power, duty, and authority of the counties to regulate land uses by planning or zoning, the counties are hereby...
• 46-164 Procedures.
  Any county modifying its zoning ordinance or enacting a local law pursuant to this part shall follow the procedure for adopting and amending its...
• 46-165 Other Rights Not Affected.
  Nothing in this part shall be construed to invalidate any provision relating to the transference or purchase of development rights heretofore or hereafter adopted...

PART X. QUI TAM ACTIONS OR RECOVERY OF
FALSE CLAIMS TO THE COUNTIES

• 46-171 Actions for False Claims to the Counties; Qui Tam Actions.
  (a) Any person who: (1) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) Knowingly makes,...
• 46-172 Civil Actions for False Claims.
  The county corporation counsel or county attorney shall investigate any violation under section 46-171. If the corporation counsel or county attorney finds that a...
• 46-173 Evidentiary Determination; Burden of Proof.
  A determination that a person has violated this part shall be based on a preponderance of the evidence. [L 2001, c 227, pt of
• 46-174 Statute of Limitations.
  An action for false claims to a county pursuant to this part shall be brought within six years after the false claim is discovered...
• 46-175 Action by Private Persons.
  (a) A person may bring a civil action for a violation of section 46-171 for the person and for a county. The action shall...
• 46-176 Rights of Parties to Qui Tam Actions.
  (a) If a county proceeds with an action under section 46-175, the county shall have the primary responsibility for prosecuting the action and shall...
• 46-177 Awards to Qui Tam Plaintiffs.
  (a) If a county proceeds with an action brought by a person under section 46-175, the person shall receive at least fifteen per cent...
• 46-178 Repealed.
  L 2012, c 294, §4.
• 46-179 Fees and Costs of Litigation.
  A county shall not be liable for expenses or fees, including attorney fees, that a person incurs in bringing an action under this part...
• 46-180 Relief From Retaliatory Actions.
  (a) Notwithstanding any law to the contrary, any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or...
• 46-181 Certain Actions Barred.
  (a) In no event may a person bring an action under this part that is based upon allegations or transactions which are the subject...

Last modified: October 27, 2016