HomeMy WebLinkAboutCOM 0220.000 2012-2014 Margaret Wille •'tv os q' Phone No. Hilo: (808)961-8027
v'+' Phone No. Waimea: (808) 887-2043
Council Member cP. ( )
District 9-North and South Kohala ���'` Fax No.: (808)887-2072
E-Mail: mwille @co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawai
Hawaii County Building Holomua Center West Hawaii Civic Center Bldg.A
25 Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5 74-5044 Ane Keohokalole Hwy.
Hilo, Hawaii 96720 Waimea, Hawaii 96743 Kailua-Kona, Hawaii,96740
TO: J Yoshimoto, Council Chair
and Members of the Hawai`i County ncil
FROM: Margaret Wille, Council Member 1 •
DATE: March 18, 2013
SUBJECT: Discussion about Pending State Legislation Affecting the General
Authority of Counties
I request 45 minutes for a discussion concerning pending state legislation, including State Senate
Bill 727 and related legislation that would eliminate County authority regarding matters related
to health and wellbeing. This legislation would eliminate all County jurisdiction over matters
affecting agriculture and water and energy other than with regard to protecting private property
rights.
Also attached is Senate Bill No. 727, for informational purposes
Please place this Communication on the appropriate April 8, 2013 Committee agenda.
If there are any questions please call me or my staff at (808) 887-2043.
Thank you.
MW/dh
Att. Comm. No.
Ref. To: ,�(,,
Serving the Interests of the People of Our Island Ref. Date MA� 1 2013
Hawai`i County Is An Equal Opportunity Provider And Employer
THE SENATE
TWENTY-SEVENTH LEGISLATURE, 2013 S . B . N 0 . 21
STATE OF HAWAII
JAN 1 8 2013
A BILL FOR AN ACT
RELATING TO ECONOMIC DEVELOPMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Section 46-1 . 5, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "§46-l. 5 General powers and limitation of the counties.
4 Subject to general law, each county shall have the following
5 powers and shall be subject to the following liabilities and
6 limitations:
7 (1) Each county shall have the power to frame and adopt a
8 charter for its own self-government that shall
9 establish the county executive, administrative, and
10 legislative structure and organization, including but
11 not limited to the method of appointment or election
12 of officials, their duties, responsibilities, and
13 compensation, and the terms of their office;
14 (2) Each county shall have the power to provide for and
15 regulate the marking and lighting of all buildings and
16 other structures that may be obstructions or hazards
17 to aerial navigation, so far as may be necessary or
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1 proper for the protection and safeguarding of life,
2 health, and property;
3 (3) Each county shall have the power to enforce all claims
4 on behalf of the county and approve all lawful claims
5 against the county, but shall be prohibited from
6 entering into, granting, or making in any manner any
7 contract, authorization, allowance payment, or
8 liability contrary to the provisions of any county
9 charter or general law;
10 (4) Each county shall have the power to make contracts and
11 to do all things necessary and proper to carry into
12 execution all powers vested in the county or any
13 county officer;
14 (5) Each county shall have the power to:
15 (A) Maintain channels, whether natural or artificial,
16 including their exits to the ocean, in suitable
17 condition to carry off storm waters;
18 (B) Remove from the channels, and from the shores and
19 beaches, any debris that is likely to create an
20 unsanitary condition or become a public nuisance;
21 provided that, to the extent any of the foregoing
22 work is a private responsibility, the
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1 responsibility may be enforced by the county in
2 lieu of the work being done at public expense;
3 (C) Construct, acquire by gift, purchase, or by the
4 exercise of eminent domain, reconstruct, improve,
5 better, extend, and maintain projects or
6 undertakings for the control of and protection
7 against floods and flodd waters, including the
8 power to drain and rehabilitate lands already
9 flooded; and
10 (D) Enact zoning ordinances providing that lands
11 deemed subject to seasonable, periodic, or
12 occasional flooding shall not be used for
13 residence or other purposes in a manner as to
14 endanger the health or safety of the occupants
15 thereof, as required by the Federal Flood
16 Insurance Act of 1956 (chapter 1025, Public Law
17 1016) ;
18 ( 6) Each county shall have the power to exercise the power
19 of condemnation by eminent domain when it is in the
20 public interest to do so;
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1 (7) Each county shall have the power to exercise
2 regulatory powers over business activity as are
3 assigned to them by chapter 445 or other general law;
4 (8) Each county shall have the power to fix the fees and
5 charges for all official services not otherwise
6 provided for;
7 (9) Each county shall have the power to provide by
8 ordinance assessments for the improvement or
9 maintenance of districts within the county;
10 (10) Except as otherwise provided, no county shall have the
11 power to give or loan credit to, or in aid of, any
12 person or corporation, directly or indirectly, except
13 for a public purpose;
14 (11) Where not within the jurisdiction of the public
15 utilities commission, each county shall have the power
16 to regulate by ordinance the operation of motor
17 vehicle common carriers transporting passengers within
18 the county and adopt and amend rules the county deems
19 necessary for the public convenience and necessity;
20 (12) Each county shall have the power to enact and enforce
21 ordinances necessary to prevent or summarily remove
22 public nuisances and to compel the clearing or removal
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1 of any public nuisance, refuse, and uncultivated
2 undergrowth from streets, sidewalks, public places,
3 and unoccupied lots . In connection with these powers,
4 each county may impose and enforce liens upon the
5 property for the cost to the county of removing and
6 completing the necessary work where the property
7 owners fail, after reasonable notice, to comply with
8 the ordinances. The authority provided by this
9 paragraph shall not be self-executing, but shall
10 become fully effective within a county only upon the
11 enactment or adoption by the county of appropriate and
12 particular laws, ordinances, or rules defining "public
13 nuisances" with respect to each county ' s respective
14 circumstances . The counties shall provide the
15 property owner with the opportunity to contest the
16 summary action and to recover the owner ' s property;
17 (13) Each county shall have the power to enact ordinances
18 deemed necessary to [protect health, life, and
19 property, and to preserve] :
20 (A) Protect property; or
21 (B) Preserve the order and security of the county and
22 its inhabitants;
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1 on any subject or matter not inconsistent with, or
2 tending to defeat, the intent of any state [statute
3 whcrc thc] or federal statute, rule, or regulation
4 that does not disclose an express or implied intent
5 that the statute, rule, or regulation shall be
6 exclusive or uniform throughout the State;
7 (14) Each county shall have the power to:
8 (A) Make and enforce within the limits of the county
9 all necessary ordinances covering all :
10 (i) Local police matters;
11 (ii) Matters of sanitation;
12 (iii) Matters of inspection of buildings;
13 (iv) Matters of condemnation of unsafe
14 structures, plumbing, sewers, dairies, milk,
15 fish, and morgues; and
16 (v) Matters of the collection and disposition of
17 rubbish and garbage;
18 (B) Provide exemptions for homeless facilities and
19 any other program for the homeless authorized by
20 part XVII of chapter 346, for all matters under
21 this paragraph;
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1 (C) Appoint county physicians and sanitary and other
2 inspectors as necessary to carry into effect
3 ordinances made under this paragraph, who shall
4 have the same power as given by law to agents of
5 the department of health, subject only to
6 limitations placed on them by the terms and
7 conditions of their appointments; and
8 (D) Fix a penalty for the violation of any ordinance,
9 which penalty may be a misdemeanor, petty
10 misdemeanor, or violation as defined by general
11 law;
12 (15) Each county shall have the power to provide public
13 pounds; to regulate the impounding of stray animals
14 and fowl, and their disposition; and to provide for
15 the appointment, powers, duties, and fees of animal
16 control officers;
17 (16) Each county shall have the power to purchase and
18 otherwise acquire, lease, and hold real and personal
19 property within the defined boundaries of the county
20 and to dispose of the real and personal property as
21 the interests of the inhabitants of the county may
22 require, except that:
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1 (A) Any property held for school purposes may not be
2 disposed of without the consent of the
3 superintendent of education;
4 (B) No property bordering the ocean shall be sold or
5 otherwise disposed of; and
6 (C) All proceeds from the sale of park lands shall be
7 expended only for the acquisition of property for
8 park or recreational purposes;
9 (17) Each county shall have the power to provide by charter
10 for the prosecution of all offenses and to prosecute
11 for offenses against the laws of the State under the
12 authority of the attorney general of the State;
13 (18) Each county shall have the power to make
14 appropriations in amounts deemed appropriate from any
15 moneys in the treasury, for the purpose of:
16 (A) Community promotion and public celebrations;
17 (B) The entertainment of distinguished persons as may
18 from time to time visit the county;
19 (C) The entertainment of other distinguished persons,
20 as well as, public officials when deemed to be in
21 the best interest of the community; and
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1 (D) The rendering of civic tribute to individuals
2 who, by virtue of their accomplishments and
3 community service, merit civic commendations,
4 recognition, or remembrance;
5 (19) Each county shall have the power to:
6 (A) Construct, purchase, take on lease, lease,
7 sublease, or in any other manner acquire, manage,
8 maintain, or dispose of buildings for county
9 purposes, sewers, sewer systems, pumping
10 stations, waterworks, including reservoirs,
11 wells, pipelines, and other conduits for
12 distributing water to the public, lighting
13 plants, and apparatus and appliances for lighting
14 streets and public buildings, and manage,
15 regulate, and control the same;
16 (B) Regulate and control the location and quality of
17 all appliances necessary to the furnishing of
18 water, heat, light, power, telephone, and
19 telecommunications service to the county;
20 (C) Acquire, regulate, and control any and all
21 appliances for the sprinkling and cleaning of the
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1 streets and the public ways, and for flushing the
2 sewers; and
3 (D) Open, close, construct, or maintain county
4 highways or charge toll on county highways;
5 provided that all revenues received from a toll
6 charge shall be used for the construction or
7 maintenance of county highways;
8 (20) Each county shall have the power to regulate the
9 renting, subletting, and rental conditions of property
10 for places of abode by ordinance;
11 (21) Unless otherwise provided by law, each county shall
12 have the power to establish by ordinance the order of
13 succession of county officials in the event of a
14 military or civil disaster;
•
15 (22) Each county shall have the power to sue and be sued in
16 its corporate name;
17 (23) Each county shall have the power to establish and
18 maintain waterworks and sewer works; to collect rates
19 for water supplied to consumers and for the use of
20 sewers; to install water meters whenever deemed
21 expedient; provided that owners of premises having
22 vested water rights under existing laws appurtenant to
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1 the premises shall not be charged for the installation
2 or use of the water meters on the premises; to take
3 over from the State existing waterworks systems,
4 including water rights, pipelines, and other
5 appurtenances belonging thereto, and sewer systems,
6 and to enlarge, develop, and improve the same;
7 (24) (A) Each county may impose civil fines, in addition
8 to criminal penalties, for any violation of
9 county ordinances or rules after reasonable
10 notice and requests to correct or cease the
11 violation have been made upon the violator. Any
12 administratively imposed civil fine shall not be
13 collected until after an opportunity for a
14 hearing under chapter 91 . Any appeal shall be
15 filed within thirty days from the date of the
16 final written decision. These proceedings shall
17 not be a prerequisite for any civil fine or
18 injunctive relief ordered by the circuit court;
19 (B) Each county by ordinance may provide for the
20 addition of any unpaid civil fines, ordered by
21 any court of competent jurisdiction, to any
22 taxes, fees, or charges, with the exception of
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1 fees or charges for water for residential use and
2 sewer charges, collected by the county. Each
3 county by ordinance may also provide for the
4 addition of any unpaid administratively imposed
5 civil fines, which remain due after all judicial
6 review rights under section 91-14 are exhausted,
7 to any taxes, fees, or charges, with the
8 exception of water for residential use and sewer
9 charges, collected by the county. The ordinance
10 shall specify the administrative procedures for
11 the addition of the unpaid civil fines to the
12 eligible taxes, fees, or charges and may require
13 hearings or other proceedings. After addition of
14 the unpaid civil fines to the taxes, fees, or
15 charges, the unpaid civil fines shall not become
16 a part of any taxes, fees, or charges. The
17 county by ordinance may condition the issuance or
18 renewal of a license, approval, or permit for
19 which a fee or charge is assessed, except for
20 water for residential use and sewer charges, on
21 payment of the unpaid civil fines. Upon
22 recordation of a notice of unpaid civil fines in
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1 the bureau of conveyances, the amount of the
2 civil fines, including any increase in the amount
3 of the fine which the county may assess, shall
4 constitute a lien upon all real property or
5 rights to real property belonging to any person
6 liable for the unpaid civil fines . The lien in
7 favor of the county shall be subordinate to any
8 lien in favor of any person recorded or
9 registered prior to the recordation of the notice
10 of unpaid civil fines and senior to any lien
11 recorded or registered after the recordation of
12 the notice. The lien shall continue until the
13 unpaid civil fines are paid in full or until a
14 certificate of release or partial release of the
15 lien, prepared by the county at the owner' s
16 expense, is recorded. The notice of unpaid civil
17 fines shall state the amount of the fine as of
18 the date of the notice and maximum permissible
19 daily increase of the fine. The county shall not
20 be required to include a social security number,
21 state general excise taxpayer identification
22 number, or federal employer identification number
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1 on the notice. Recordation of the notice in the
2 bureau of conveyances shall be deemed, at such
3 time, for all purposes and without any further
4 action, to procure a lien on land registered in
5 land court under chapter 501 . After the unpaid
6 civil fines are added to the taxes, fees, or
7 charges as specified by county ordinance, the
8 unpaid civil fines shall be deemed immediately
9 due, owing, and delinquent and may be collected
10 in any lawful manner. The procedure for
11 collection of unpaid civil fines authorized in
12 this paragraph shall be in addition to any other
13 procedures for collection available to the State
14 and county by law or rules of the courts;
15 (C) Each county may impose civil fines upon any
16 person who places graffiti on any real or
17 personal property owned, managed, or maintained
18 by the county. The fine may be up to $1, 000 or
19 may be equal to the actual cost of having the
20 damaged property repaired or replaced. The
21 parent or guardian having custody of a minor who
22 places graffiti on any real or personal property
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1 owned, managed, or maintained by the county shall
2 be jointly and severally liable with the minor
3 for any civil fines imposed hereunder. Any such
4 fine may be administratively imposed after an
5 opportunity for a hearing under chapter 91, but
6 such a proceeding shall not be a prerequisite for
7 any civil fine ordered by any court . As used in
8 this subparagraph, "graffiti" means any
9 unauthorized drawing, inscription, figure, or
10 mark of any type intentionally created by paint,
11 ink, chalk, dye, or similar substances;
12 (D) At the completion of an appeal in which the
13 county' s enforcement action is affirmed and upon
14 correction of the violation if requested by the
15 violator, the case shall be reviewed by the
16 county agency that imposed the civil fines to
17 determine the appropriateness of the amount of
18 the civil fines that accrued while the appeal
19 proceedings were pending. In its review of the
20 amount of the accrued fines, the county agency
21 may consider:
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1 (i) The nature and egregiousness of the
2 violation;
3 (ii) The duration of the violation;
4 (iii) The number of recurring and other similar
5 violations;
6 (iv) Any effort taken by the violator to correct
7 the violation;
8 (v) The degree of involvement in causing or
9 continuing the violation;
10 (vi) Reasons for any delay in the completion of
11 the appeal; and
12 (vii) Other extenuating circumstances.
13 The civil fine that is imposed by administrative
14 order after this review is completed and the
15 violation is corrected shall be subject to
16 judicial review, notwithstanding any provisions
17 for administrative review in county charters;
18 (E) After completion of a review of the amount of
19 accrued civil fine by the county agency that
20 imposed the fine, the amount of the civil fine
21 determined appropriate, including both the
22 initial civil fine and any accrued daily civil
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1 fine, shall immediately become due and
2 collectible following reasonable notice to the
3 violator. If no review of the accrued civil fine
4 is requested, the amount of the civil fine, not
5 to exceed the total accrual of civil fine prior
6 to correcting the violation, shall immediately
7 become due and collectible following reasonable
8 notice to the violator, at the completion of all
9 appeal proceedings;
10 (F) If no county agency exists to conduct appeal
11 proceedings for a particular civil fine action
12 taken by the county, then one shall be
13 established by ordinance before the county shall
14 impose the civil fine;
15 (25) Any law to the contrary notwithstanding, any county
16 mayor, by executive order, may exempt donors, provider
17 agencies, homeless facilities, and any other program
18 for the homeless under part XVII of chapter 346 from
19 real property taxes, water and sewer development fees,
20 rates collected for water supplied to consumers and
21 for use of sewers, and any other county taxes,
22 charges, or fees; provided that any county may enact
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1 ordinances to regulate and grant the exemptions
2 granted by this paragraph;
3 (26) Any county may establish a captive insurance company
4 pursuant to article 19, chapter 431; and
5 (27) Each county shall have the power to enact and enforce
6 ordinances regulating towing operations. "
7 SECTION 2 . Statutory material to be repealed is bracketed
8 and stricken. New statutory material is underscored.
9 SECTION 3. This Act shall take effect upon its approval .
10
0*
INTRODUCED BY:
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Report Title:
County Ordinances on Property, Order, and Security; Conflicts
with State and Federal Laws
Description:
Expressly prohibits the enactment of county ordinances relating
to the protection of property and the order and security of
inhabitants, if the ordinances conflict with the intent of state
or federal statutes, rules, or regulations.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
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