Bill Text: HI SB2103 | 2022 | Regular Session | Introduced
Bill Title: Relating To County Governance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-26 - Re-Referred to GVO/HTH, JDC/WAM. [SB2103 Detail]
Download: Hawaii-2022-SB2103-Introduced.html
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THE SENATE |
S.B. NO. |
2103 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COUNTY governance.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the remaining number of Hansen's disease patients in Kalawao county no longer necessitates governance by the department of health.
The purpose of this Act is to abolish Kalawao county and incorporate the portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu and commonly known or designated as the Kalaupapa settlement into the county of Maui.
SECTION 2. Section 4-1, Hawaii Revised Statutes, is amended to read as follows:
"§4-1 Districts, generally.
For election, taxation, city, county, and all other purposes, the State
shall be divided into the following districts; provided that the establishment
of election districts shall be exclusively governed by article IV of the constitution
of the State of Hawaii and chapter 25:
(1) The
island and county of Hawaii shall be divided into nine districts as follows:
(A) Puna,
to be styled the Puna district;
(B) From
the Hakalau stream to the boundary of South Hilo and Puna, to be styled the
South Hilo district;
(C) From
the boundary of Hamakua and North Hilo to the Hakalau stream, to be styled the
North Hilo district;
(D) Hamakua,
to be styled the Hamakua district;
(E) North
Kohala, to be styled the North Kohala district;
(F) South
Kohala, to be styled the South Kohala district;
(G) North
Kona, to be styled the North Kona district;
(H) South
Kona, to be styled the South Kona district; and
(I) Kau,
to be styled the Kau district.
(2) The
islands of Maui, Molokai, Lanai, and Kahoolawe and the [counties] county
of Maui [and Kalawao] shall be divided into [seven] six
districts as follows:
(A) Kahikinui,
Kaupo, Kipahulu, Hana, and Koolau, to be styled the Hana district;
(B) Hamakualoa,
Hamakuapoko, portion of Kula, and Honuaula, the western boundary being a line
starting from the sea at Kapukaulua on the boundary between the ahupuaas of
Haliimaile and Wailuku, thence running inland following the boundary to the
mauka side of the Lowrie ditch, thence following the mauka side of the ditch and
its projected extension to the Waiakoa gulch which is the boundary between the
ahupuaas of Pulehunui and Waiakoa, thence down along the boundary to the mauka
boundary of the Waiakoa Homesteads (makai section), thence along the boundary
to the ahupuaa of Kaonoulu, thence across the ahupuaa of Kaonoulu to the mauka
boundary of the Waiohuli-Keokea Beach Homesteads, thence along the boundary to
the mauka boundary of the Kamaole Homesteads, thence along the boundary and the
extension thereof to the north boundary of the ahupuaa of Paeahu, thence along
the boundary to the sea, and including the island of Kahoolawe, to be styled
the Makawao district;
(C) All
that portion of central Maui lying east of a line along the boundary of the
ahupuaas of Kahakuloa and Honokohau to the peak of Eke crater, thence along the
ridge of mountains and down the bottom of Manawainui gulch to the sea, and west
of the boundary of Makawao district, to be styled Wailuku district;
(D) All
that portion of Maui lying west of Wailuku district, to be styled the Lahaina
district;
(E) The
island of Molokai, [except that portion of the island known as Kalaupapa,
Kalawao, and Waikolu and commonly known or designated as the Settlement for
Hansen's disease sufferers,] to be styled the Molokai district;
[(F) All that portion of the island of Molokai known as Kalaupapa,
Kalawao, and Waikolu forming the county of Kalawao, to be styled the Kalawao
district;] and
[(G)] (F) The island of Lanai, to be styled the Lanai
district.
(3) For
judicial purposes, the island of Oahu shall be divided into seven districts as
follows:
(A) From
Makapuu Head in Maunalua to Moanalua inclusive, and the islands not included in
any other district, to be styled the Honolulu district;
(B) Ewa,
excluding Waikakalaua, Waipio Acres, and Mililani Town, to be styled the Ewa district;
(C) Waianae
excluding Waianae Uka, to be styled the Waianae district;
(D) From
Kaena point to and including Waialee Stream excluding Wahiawa, hereinafter
described, to be styled the Waialua district;
(E) From
Waialee Stream to Lae o ka Oio, to be styled the Koolauloa district;
(F) From
Lae o ka Oio to Makapuu Head in Waimanalo, to be styled the Koolaupoko
district; and
(G) Wahiawa
and Waianae Uka, including Waikakalaua, Waipio Acres, and Mililani Town, lying
between Ewa and Waialua districts and more particularly described in the
following manner: Beginning at Puu
Kaaumakua in the Koolau range and running to and along the south boundary of
Waianae Uka (which is also the south boundary of Schofield Barracks Military
Reservation) to Puu Hapapa in the Waianae range; thence continuing along
Schofield Barracks Military Reservation northerly along the Waianae range to
Puu Kaala, easterly along Mokuleia down ridge to Puu Pane, continuing to Maili
Trig. station, and down ridge to Haleauau stream and down Haleauau stream to
Kaukonahua gulch, and easterly along the gulch to the west boundary of the
ahupuaa of Wahiawa; thence leaving Schofield Barracks Military Reservation and
following up and along the west and north boundaries of the ahupuaa of Wahiawa
to the Koolau range; thence along the Koolau range to the beginning; to be
styled the Wahiawa district.
(4) For
all purposes except for judicial, the island of Oahu shall be divided into
seven districts as follows:
(A) From
Makapuu Head in Maunalua to Moanalua inclusive, and the islands not included in
any other district, to be styled the Honolulu district;
(B) Ewa,
to be styled the Ewa district;
(C) Waianae
excluding Waianae Uka, to be styled the Waianae district;
(D) From
Kaena point to and including the ahupuaa of Waimea excluding Wahiawa,
hereinafter described, to be styled the Waialua district;
(E) From
Waimea to Lae o ka Oio, to be styled the Koolauloa district;
(F) From
Lae o ka Oio to Makapuu Head in Waimanalo, to be styled the Koolaupoko district;
and
(G) Wahiawa
and Waianae Uka, lying between Ewa and Waialua districts and more particularly
described in the following manner:
Beginning at Puu Kaaumakua in the Koolau range and running to and along
the south boundary of Waianae Uka (which is also the south boundary of
Schofield Barracks Military Reservation) to Puu Hapapa in the Waianae range;
thence continuing along Schofield Barracks Military Reservation northerly along
the Waianae range to Puu Kaala, easterly along Mokuleia down ridge to Puu Pane,
continuing to Maili Trig. station, and down ridge to Haleauau stream and down
Haleauau stream to Kaukonahua gulch, and easterly along the gulch to the west
boundary of the ahupuaa of Wahiawa; thence leaving Schofield Barracks Military
Reservation and following up and along the west and north boundaries of the
ahupuaa of Wahiawa to the Koolau range; thence along the Koolau range to the
beginning; to be styled the Wahiawa district.
(5) The
islands of Kauai, Niihau, Kaula, and county of Kauai, shall be divided into
five districts as follows:
(A) From
Puanaaiea point to the ili of Eleele, including the islands of Niihau and
Kaula, to be styled the Waimea district;
(B) From
and including the ili of Eleele to and including Mahaulepu, to be styled the
Koloa district;
(C) From
and including Kipu to the northerly bank of the north fork and the main Wailua
river, to be styled the Lihue district;
(D) From
the northerly bank of the north fork and the main Wailua river to Kealaakaiole,
to be styled the Kawaihau district; and
(E) From and including Kealaakaiole to Puanaaiea point to be styled the Hanalei district."
SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:
""County", the counties
of Hawaii, Maui, Kauai, and the city and county of Honolulu, as the context may
require. [For the purposes of this
title, the county of Kalawao shall be deemed to be included in the county of
Maui.]"
SECTION 4. Section 11-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The term "political party" means
any party which has qualified as a political party under sections 11-62 and
11-64 and has not been disqualified by this section. A political party shall be an association of
voters united for the purpose of promoting a common political end or carrying
out a particular line of political policy and which maintains a general
organization throughout the State, including a regularly constituted central
committee and county committees in each county [other than Kalawao]."
SECTION 5. Section 23-81, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) This section shall apply to the following:
(1) Section 237-23(a)(3)--Fraternal benefit societies, orders, or associations for the payment of benefits to members;
(2) Section 237-23(a)(4)--Corporations, associations, trusts, or societies:
(A) Organized and operated exclusively for religious, charitable, scientific, or educational purposes;
(B) Operating senior citizens housing facilities qualifying for loans under the United States Housing Act of 1959, as amended;
(C) Operating legal service plans; or
(D) Operating or managing homeless facilities or other programs for the homeless;
(3) Section 237-23(a)(5)--Business leagues, chambers of commerce, boards of trade, civic leagues, agricultural and horticultural organizations, and organizations operated exclusively for the benefit of the community or promotion of social welfare, including legal service plans;
(4) Section 237-23(a)(6)--Hospitals, infirmaries, and sanitaria;
(5) Section 237-23(a)(7)--Tax-exempt potable water companies serving residential communities lacking access to public utility water services;
(6) Section 237-23(a)(8)--Agricultural cooperative associations incorporated under state or federal law;
(7) Section
237-23(a)(9)--Persons affected with Hansen's disease and kokuas with respect to
business within the [county of Kalawao;] portion of the island of Molokai
known as Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as
the Kalaupapa settlement;
(8) Section 237-23(a)(10)--Corporations, companies, associations, or trusts organized for cemeteries; and
(9) Section 237-23(a)(11)--Nonprofit shippers."
SECTION 6. Section 101-1, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:
""County" means a
county [(except the county of Kalawao)] and any agency of a county,
including the board of water supply thereof, duly authorized to exercise the
power of eminent domain."
SECTION 7. Section 103F-202, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established a community council on
purchase of health and human services.
The community council shall be comprised of no more than nine voting
members, and one non-voting, ex-officio member of the interagency committee on
purchase of health or human services designated by the majority of the members
of the committee. There shall be a
member from each county[, except the county of Kalawao,] and up to five
members interested in health, human services, employment, or the provision of
services to children and youth."
SECTION 8. Section 127A-2, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:
""County"
means the city and county of Honolulu, and the counties of Hawaii, Kauai, and
Maui[; provided that the county of Maui shall include the county of Kalawao
for the purposes of this chapter]."
SECTION 9. Section 128A-2,
Hawaii Revised Statutes, is amended by amending the definition of "county"
to read as follows:
""County" means any
of the political subdivisions of the State, including the counties of Hawaii,
Maui, and Kauai and the city and county of Honolulu[, but does not include
the county of Kalawao]."
SECTION 10. Section 128E-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§128E-4[]]
Establishment of emergency planning districts. Each county is designated as an emergency
planning district for the purposes of this chapter[; provided that the
department shall be responsible for Kalawao county]."
SECTION 11. Section 231-2, Hawaii Revised Statutes, is amended to read as follows:
"§231-2 Taxation districts. For the purpose of taxation, the State is divided into the following four districts:
(1) The city and county of Honolulu, to be called the first district;
(2) The
[counties] county of Maui [and Kalawao], to be called the
second district;
(3) The county of Hawaii, to be called the third district; and
(4) The county of Kauai, to be called the fourth district."
SECTION 12. Section 237-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This chapter shall not apply to the following persons:
(1) Public service companies as that term is defined in section 239-2, with respect to the gross income, either actual gross income or gross income estimated and adjusted, that is included in the measure of the tax imposed by chapter 239;
(2) Public utilities owned and operated by the State or any county, or other political subdivision thereof;
(3) Fraternal benefit societies, orders, or associations, operating under the lodge system, or for the exclusive benefit of the members of the fraternity itself, operating under the lodge system, and providing for the payment of death, sick, accident, a legal service plan, or other benefits to the members of the societies, orders, or associations, and to their dependents;
(4) Corporations, associations, trusts, or societies organized and operated exclusively for religious, charitable, scientific, or educational purposes, as well as that of operating senior citizens housing facilities qualifying for a loan under the laws of the United States as authorized by section 202 of the Housing Act of 1959, as amended, as well as that of operating a legal service plan, as well as that of operating or managing a homeless facility, or any other program for the homeless authorized under part XVII of chapter 346;
(5) Business leagues, chambers of commerce, boards of trade, civic leagues, agricultural and horticultural organizations, and organizations operated exclusively for the benefit of the community and for the promotion of social welfare that shall include the operation of a legal service plan, and from which no profit inures to the benefit of any private stockholder or individual;
(6) Hospitals, infirmaries, and sanitaria;
(7) Companies that provide potable water to residential communities that lack any access to public utility water services and are tax exempt under section 501(c)(12) of the Internal Revenue Code of 1986, as amended;
(8) Cooperative associations incorporated under chapter 421 or Code section 521 cooperatives which fully meet the requirements of section 421-23, except Code section 521 cooperatives need not be organized in Hawaii; provided that:
(A) The exemption shall apply only to the gross income derived from activities that are pursuant to purposes and powers authorized by chapter 421, except those provisions pertaining to or requiring corporate organization in Hawaii do not apply to Code section 521 cooperatives;
(B) The exemption shall not relieve any person who receives any proceeds of sale from the association of the duty of returning and paying the tax on the total gross proceeds of the sales on account of which the payment was made, in the same amount and at the same rate as would apply thereto had the sales been made directly by the person, and all those persons shall be so taxable; and
(C) As used in this paragraph, "Code section 521 cooperatives" mean associations that qualify as a cooperative under section 521 (with respect to exemption of farmers' cooperatives from tax) of the Internal Revenue Code of 1986, as amended;
(9) Persons affected
with Hansen's disease and kokuas, with respect to business within [the
county of Kalawao;] the portion of the island of Molokai known as
Kalaupapa, Kalawao, and Waikolu, and commonly known or designated as the
Kalaupapa settlement;
(10) Corporations, companies, associations, or trusts organized for the establishment and conduct of cemeteries no part of the net earnings of which inures to the financial benefit of any private stockholder or individual; provided that the exemption shall apply only to the activities of those persons in the conduct of cemeteries and shall not apply to any activity the primary purpose of which is to produce income, even though the income is to be used for or in the furtherance of the exempt activities of those persons; and
(11) Nonprofit shippers associations operating under part 296 of the Civil Aeronautics Board Economic Regulations."
SECTION 13. Section 243-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) No tax shall be collected in respect to any
liquid fuel, including diesel oil and liquefied petroleum gas, shown to the
satisfaction of the department to have been sold for use in and actually
delivered to, or sold in, the [county of Kalawao.] portion of the island
of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or
designated as the Kalaupapa settlement."
SECTION 14. Section 281-1,
Hawaii Revised Statutes, is amended by amending the definition of "county"
to read as follows:
""County" means the county
in respect of which each commission has jurisdiction under this chapter[;
provided that in the county of Kalawao liquor may be sold only by such persons
and only under such conditions as may be permitted or prescribed from time to
time by the department of health]."
SECTION 15. Section 326-24, Hawaii Revised Statutes, is amended to read as follows:
"§326-24
Rules. The director of health
may adopt rules pursuant to chapter 91 necessary for the conduct of all matters
pertaining to Hansen's disease, the treatment and care thereof, and other
services provided to persons affected with Hansen's disease, and the full and
complete governance of the county of Kalawao, except as limited by this
chapter."
amended to read as follows:
"§326-24 Rules. The director of health may adopt rules
pursuant to chapter 91 necessary for the conduct of all matters pertaining to
Hansen's disease, the treatment and care thereof, and other services provided
to persons affected with Hansen's disease, [and the full and complete
governance of the county of Kalawao,] except as limited by this chapter."
SECTION 16. Section 326-29, Hawaii Revised Statutes, is amended to read as follows:
"§326-29 Fishing laws exemption;
Kalaupapa. Notwithstanding any provision
of law to the contrary, state laws on fishing shall not be applicable to
Hansen's disease patients of Kalaupapa, provided the patients engage in fishing
along the shorelines and in waters immediately adjacent to the [county of
Kalawao.] portion of the island of Molokai known as Kalaupapa, Kalawao,
and Waikolu, and commonly known or designated as the Kalaupapa settlement.
No fish or other marine products
obtained by patients may be sold outside of the [county of Kalawao.] portion
of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly
known or designated as the Kalaupapa settlement.
The department of health shall adopt rules pursuant to chapter 91 necessary to control all fishing and acquisition of marine products by Hansen's disease patients."
SECTION 17. Section 329D-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The
department shall issue eight dispensary licenses statewide; provided that three
dispensary licenses shall be issued for the city and county of Honolulu, two
dispensary licenses each shall be issued for the county of Hawaii and the
county of Maui, and one dispensary license shall be issued for the county of
Kauai[; provided further that no dispensary license shall be issued for the
county of Kalawao]."
SECTION 18. Section 431:10C-119, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Prior to licensing an insurer to transact a motor vehicle insurance business in this State, the commissioner:
(1) Shall effect a thorough examination of the insurer's business experience, financial soundness, and general reputation as an insurer in this and other states. In the discretion of the commissioner, this examination may include an examination of any or all of the business records of the insurer, and an audit of all or any part of the insurer's motor vehicle insurance business, each to be performed by the commissioner's staff or by independent consultants. No license shall be issued until the commissioner is satisfied as to the business experience, financial solvency, and the economic soundness of the insurer;
(2) Except for a
member-owned reciprocal insurer and its wholly owned insurer subsidiaries, as
specified in subsection (c), shall require of each insurer, and determine that
satisfactory arrangements have been made for, the provision of a complete sales
and claims service office in the State; provided that the establishment and
maintenance of an office by licensed producers of an insurer in every county
the insurer does business shall meet the requirements of this paragraph; [provided
further that the preceding shall not be required for the county of Kalawao;]
and
(3) Notwithstanding any other requirements of this section or of the insurance code, may require a bond in a reasonable amount and with deposits or sureties determined in the commissioner's discretion of any applicant for a license hereunder. The commissioner may, at any time, make and enforce such a requirement of any licensed insurer or self-insurer."
SECTION 19. Section 445-13, Hawaii Revised Statutes, is amended to read as follows:
"§445-13 License inspectors. [The deputy sheriff of Kalawao, any] Any
police officer[,] or any authorized representative of the county
director of finance duly authorized by a chief of police shall be ex officio
license inspectors of the counties for which they are appointed or authorized,
and as such, they shall from time to time report to the county director of
finance the names of all persons within the county who are liable for the
payment of license fees."
SECTION 20. Section 804-5, Hawaii Revised Statutes, is amended to read as follows:
"§804-5 By whom allowed. In cases where the punishment for the offense
charged may be imprisonment for life not subject to parole, or imprisonment for
a term more than ten years with or without fine, a judge or justice of a court
of record, including a district judge, shall be competent to admit the accused
to bail, in conformity with sections 804-3 to 804-6. In all other cases, the accused may be so
admitted to bail by any judge or justice of a court of record, including a
district judge, and in cases, except under section 712-1207, where the
punishment for the offense charged may not exceed two years' imprisonment with
or without fine, the sheriff, the sheriff's deputy, the chief of police or any
person named by the chief of police, [or the sheriff of Kalawao,]
regardless of the circuit within which the alleged offense was committed, may
admit the accused person to bail. The
court shall impose conditions of release or bail that are the least restrictive
conditions required to ensure the accused's appearance and to protect the public."
SECTION 21. Section 326-34, Hawaii Revised Statutes, is repealed.
["§326-34 County of Kalawao;
governance. (a) The county of Kalawao shall consist of that
portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu, and
commonly known or designated as the Kalaupapa Settlement, and shall not be or
form a portion of the county of Maui, but is constituted a county by
itself. As a county it shall have only
the powers especially conferred and given by sections 326-34 to 326-38 and, except
as provided in those sections, none of the provisions of the Hawaii Revised
Statutes regarding counties shall be deemed to refer to or shall be applicable
to the county of Kalawao.
(b) The county of Kalawao shall be under the
jurisdiction and control of the department of health and be governed by the
laws, and rules relating to the department and the care and treatment of
persons affected with Hansen's disease, except as otherwise provided by law."]
SECTION 22. Section 326-35, Hawaii Revised Statutes, is repealed.
["§326-35 Sheriff, appointment,
removal. There shall be no
county officer in the county other than a sheriff, who shall be a patient
resident of and be appointed in the county by the department of health and who
shall hold office at the pleasure of the department or until a successor is
appointed by the department. When a
qualified patient resident is not available, the department may appoint a staff
employee or other qualified person to serve as sheriff."]
SECTION 23. Section 326-36, Hawaii Revised Statutes, is repealed.
["§326-36 Sheriff, salary.
The salary of the sheriff shall be fixed
and paid by the department of health out of the appropriation allowed by the
legislature for the care and treatment of persons affected with Hansen's disease."]
SECTION 24. Section 326-37, Hawaii Revised Statutes, is repealed.
["§326-37 Sheriff, duties. The sheriff of the county of Kalawao shall
preserve the public peace and shall arrest and take before the district judge
for examination all persons who attempt to commit or who have committed a
public offense and prosecute the same to the best of the sheriff's ability."]
SECTION 25. Section 326-38, Hawaii Revised Statutes, is repealed.
["§326-38 Sheriff, powers. The sheriff may appoint and dismiss and
reappoint as many police officers as may be authorized by the department of
health for the county. Patient
residents, for the services rendered as police officers, shall receive pay as
the department determines and which pay shall be taken out of and from the
appropriation made by the legislature for the care and treatment of persons
affected with Hansen's disease. The
sheriff shall have other powers and duties within the county of Kalawao and
appropriate thereto as are prescribed by law for the chiefs of police or police
officers of the several counties respectively."]
SECTION 26. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 27. This Act shall take effect on January 2, 2025.
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INTRODUCED BY: |
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By Request |
Report Title:
Maui County Council Package; Kalawao County; Maui County; Department of Health
Description:
Abolishes Kalawao County and incorporates the area into Maui County.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
