REPORT TITLE:
County Assessment Districts


DESCRIPTION:
Provides that counties may establish by ordinance, supplemental
maintenance, safety, or security services assessment districts.
Exempts boards or associations created pursuant to the
establishment of the assessment districts from the public
procurement code.  Sets time limits on the initiation of actions
disputing the establishment and administration of the assessment
districts.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           648
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE COUNTIES. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "46-    Supplemental maintenance, safety, or security
 
 5 services district.  (a)  Notwithstanding any other law, no action
 
 6 or proceeding to question the validity of, or to enjoin any
 
 7 ordinance, action, or proceeding undertaken to establish or
 
 8 administer a supplemental maintenance, safety, or security
 
 9 services district, shall be maintained unless begun within thirty
 
10 days of the adoption of the disputed ordinance, determination, or
 
11 other act, and, in the case of the determination or levy of any
 
12 assessment, within thirty days after adoption of the ordinance
 
13 authorizing or amending the assessment formula.
 
14      (b)  Assessments levied pursuant to any county ordinance
 
15 providing for the establishment of a supplemental maintenance,
 
16 safety, or security services district shall be a lien upon the
 
17 property assessed.  The lien shall have priority over all other
 
18 liens except the lien of general real property taxes and the
 
19 liens of assessments levied under sections 46-80 and 46-80.1.
 
20 The lien of assessments levied pursuant to this section shall be
 

 
Page 2                                                     
                                     S.B. NO.           648
                                                        
                                                        

 
 1 on a parity with the lien of general real property taxes and the
 
 2 liens of assessments levied under sections 46-80 and 46-80.1,
 
 3 except to the extent the law or assessment ordinance provides
 
 4 that the lien of assessments levied under section 46-80 shall be
 
 5 subordinate to the lien of general real property taxes.
 
 6      (c)  Any board or association created pursuant to any county
 
 7 ordinance establishing a supplemental maintenance, safety, or
 
 8 security services district, shall not be deemed a governmental
 
 9 body under chapter 103D."
 
10      SECTION 2.  Section 46-1.5, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "46-1.5  General powers and limitation of the counties.
 
13 Subject to general law, each county shall have the following
 
14 powers and shall be subject to the following liabilities and
 
15 limitations:
 
16      (1)  Each county shall have the power to frame and adopt a
 
17           charter for its own self-government, which shall
 
18           establish the county executive, administrative, and
 
19           legislative structure and organization, including, but
 
20           not limited to, the method of appointment or election
 
21           of officials, their duties, responsibilities, and
 
22           compensation, and the terms of their office.
 

 
 
 
Page 3                                                     
                                     S.B. NO.           648
                                                        
                                                        

 
 1      (2)  Each county shall have the power to provide for and
 
 2           regulate the marking and lighting of all buildings and
 
 3           other structures that may be obstructions or hazards to
 
 4           aerial navigation, so far as may be necessary or proper
 
 5           for the protection and safeguarding of life, health,
 
 6           and property.
 
 7      (3)  Each county shall have the power to enforce all claims
 
 8           on behalf of the county and approve all lawful claims
 
 9           against the county, but shall be prohibited from
 
10           entering into, granting, or making in any manner any
 
11           contract, authorization, allowance payment, or
 
12           liability contrary to the provisions of any county
 
13           charter or general law.
 
14      (4)  Each county shall have the power to make contracts and
 
15           to do all things necessary and proper to carry into
 
16           execution all powers vested in the county or any county
 
17           officer.
 
18      (5)  Each county shall have the power to maintain channels,
 
19           whether natural or artificial, including their exits to
 
20           the ocean, in suitable condition to carry off storm
 
21           waters; and to remove from the channels, and from the
 
22           shores and beaches, any debris that is likely to create
 
23           an unsanitary condition or become a public nuisance;
 

 
Page 4                                                     
                                     S.B. NO.           648
                                                        
                                                        

 
 1           provided that, to the extent any of the foregoing work
 
 2           is a private responsibility, the responsibility may be
 
 3           enforced by the county in lieu of the work being done
 
 4           at public expense.  Counties also shall have the power
 
 5           to construct, acquire by gift, purchase, or by the
 
 6           exercise of eminent domain, reconstruct, improve,
 
 7           better, extend, and maintain projects or undertakings
 
 8           for the control of and protection against floods and
 
 9           flood waters, including the power to drain and
 
10           rehabilitate lands already flooded, and to enact zoning
 
11           ordinances providing that lands deemed subject to
 
12           seasonable, periodic, or occasional flooding shall not
 
13           be used for residence or other purposes in a manner as
 
14           to endanger the health or safety of the occupants
 
15           thereof, as required by the Federal Flood Insurance Act
 
16           of 1956 (chapter 1025, Public Law 1016).
 
17      (6)  Each county shall have the power to exercise the power
 
18           of condemnation by eminent domain when it is in the
 
19           public interest to do so.
 
20      (7)  Each county shall have the power to exercise regulatory
 
21           powers over business activity as are assigned to them
 
22           by chapter 445 or other general law.
 

 
 
 
Page 5                                                     
                                     S.B. NO.           648
                                                        
                                                        

 
 1      (8)  Each county shall have the power to fix the fees and
 
 2           charges for all official services not otherwise
 
 3           provided for.
 
 4      (9)  Each county shall have the power to provide by
 
 5           ordinance for the improvement [or], maintenance,
 
 6           supplemental maintenance, safety, or security services
 
 7           assessments of districts within the county.
 
 8     (10)  Except as otherwise provided, no county shall have the
 
 9           power to give or loan credit to, or in aid of, any
 
10           person or corporation, directly or indirectly, except
 
11           for a public purpose.
 
12     (11)  Where not within the jurisdiction of the public
 
13           utilities commission, each county shall have the power
 
14           to regulate by ordinance the operation of motor vehicle
 
15           common carriers transporting passengers within the
 
16           county and adopt and amend rules the county deems
 
17           necessary for the public convenience and necessity.
 
18     (12)  Each county shall have the power to enact and enforce
 
19           ordinances necessary to prevent or summarily remove
 
20           public nuisances and to compel the clearing or removal
 
21           of any public nuisance, refuse, and uncultivated
 
22           undergrowth from streets, sidewalks, public places, and
 
23           unoccupied lots, and in these connections, to impose
 

 
Page 6                                                     
                                     S.B. NO.           648
                                                        
                                                        

 
 1           and enforce liens upon the property for the cost to the
 
 2           county of removing and completing the necessary work
 
 3           where the owners fail, after reasonable notice, to
 
 4           comply with the ordinances.  The authority provided by
 
 5           this paragraph shall not be self-executing, but shall
 
 6           become fully effective within a county only upon the
 
 7           enactment or adoption by the county of appropriate and
 
 8           particular laws, ordinances, or rules defining "public
 
 9           nuisances" with respect to each county's respective
 
10           circumstances.  The counties shall provide the property
 
11           owner with the opportunity to contest the summary
 
12           action and to recover the owner's property.
 
13     (13)  Each county shall have the power to enact ordinances
 
14           deemed necessary to protect health, life, and property,
 
15           and to preserve the order and security of the county
 
16           and its inhabitants on any subject or matter not
 
17           inconsistent with, or tending to defeat, the intent of
 
18           any state statute, provided also that the statute does
 
19           not disclose an express or implied intent that the
 
20           statute shall be exclusive or uniform throughout the
 
21           State.
 
22     (14)  Each county shall have the power to make and enforce
 
23           within the limits of the county all necessary
 

 
Page 7                                                     
                                     S.B. NO.           648
                                                        
                                                        

 
 1           ordinances covering:  all local police matters; all
 
 2           matters of sanitation; all matters of inspection of
 
 3           buildings; all matters of condemnation of unsafe
 
 4           structures, plumbing, sewers, dairies, milk, fish, and
 
 5           morgues; all matters of the collection and disposition
 
 6           of rubbish and garbage; and to provide exemptions for
 
 7           homeless facilities and any other program for the
 
 8           homeless authorized by chapter 201G, for all matters
 
 9           under this paragraph; and to appoint county physicians
 
10           and sanitary and other inspectors as necessary to carry
 
11           into effect ordinances made under this paragraph, who
 
12           shall have the same power as given by law to agents of
 
13           the department of health, subject only to limitations
 
14           placed on them by the terms and conditions of their
 
15           appointments; and to fix a penalty for the violation of
 
16           any ordinance, which penalty may be a misdemeanor,
 
17           petty misdemeanor, or violation as defined by general
 
18           law.
 
19     (15)  Each county shall have the power to provide public
 
20           pounds, to regulate the impounding of stray animals and
 
21           fowl, and their disposition, and to provide for the
 
22           appointment, powers, duties, and fees of animal control
 
23           officers.
 

 
Page 8                                                     
                                     S.B. NO.           648
                                                        
                                                        

 
 1     (16)  Each county shall have the power to purchase and
 
 2           otherwise acquire, lease, and hold real and personal
 
 3           property within the defined boundaries of the county
 
 4           and to dispose of the real and personal property as the
 
 5           interests of the inhabitants of the county may require,
 
 6           except that:  any property held for school purposes may
 
 7           not be disposed of without the consent of the
 
 8           superintendent of education; no property bordering the
 
 9           ocean shall be sold or otherwise disposed of; and all
 
10           proceeds from the sale of park lands shall be expended
 
11           only for the acquisition of property for park or
 
12           recreational purposes.
 
13     (17)  Each county shall have the power to provide by charter
 
14           for the prosecution of all offenses and to prosecute
 
15           for offenses against the laws of the State under the
 
16           authority of the attorney general of the State.
 
17     (18)  Each county shall have the power to make appropriations
 
18           in amounts deemed appropriate from any moneys in the
 
19           treasury, for the purpose of community promotion and
 
20           public celebrations, the entertainment of distinguished
 
21           persons as may from time to time visit the county, for
 
22           the entertainment of other distinguished persons as
 
23           well as public officials when deemed to be in the best
 

 
Page 9                                                     
                                     S.B. NO.           648
                                                        
                                                        

 
 1           interest of the community, and the rendering of civic
 
 2           tribute to individuals who, by virtue of their
 
 3           accomplishments and community service, merit civic
 
 4           commendations, 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 stations,
 
10                waterworks, including reservoirs, wells,
 
11                pipelines, and other conduits for distributing
 
12                water to the public, lighting plants, and
 
13                apparatus and appliances for lighting streets and
 
14                public buildings and manage, regulate, and control
 
15                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, telephonic, and
 
19                telegraphic service to the county;
 
20           (C)  Acquire, regulate, and control any and all
 
21                appliances for the sprinkling and cleaning of the
 
22                streets and the public ways and for flushing the
 
23                sewers; and
 

 
Page 10                                                    
                                     S.B. NO.           648
                                                        
                                                        

 
 1           (D)  Open, close, construct, or maintain county
 
 2                highways or charge toll on county highways;
 
 3                provided that all revenues received from a toll
 
 4                charge shall be used for the construction or
 
 5                maintenance of county highways.
 
 6     (20)  Each county shall have the power to regulate the
 
 7           renting, subletting, and rental conditions of property
 
 8           for places of abode by ordinance.
 
 9     (21)  Unless otherwise provided by law, each county shall
 
10           have the power to establish by ordinance the order of
 
11           succession of county officials in the event of a
 
12           military or civil disaster.
 
13     (22)  Each county shall have the power to sue and be sued in
 
14           its corporate name.
 
15     (23)  Each county shall have the power to establish and
 
16           maintain waterworks and sewer works; to collect rates
 
17           for water supplied to consumers and for the use of
 
18           sewers; to install water meters whenever deemed
 
19           expedient; provided that owners of premises having
 
20           vested water rights under existing laws appurtenant to
 
21           the premises shall not be charged for the installation
 
22           or use of the water meters on the premises; to take
 
23           over from the State existing waterworks systems,
 

 
Page 11                                                    
                                     S.B. NO.           648
                                                        
                                                        

 
 1           including water rights, pipelines, and other
 
 2           appurtenances belonging thereto, and sewer systems, and
 
 3           to enlarge, develop, and improve the same.
 
 4     (24)  (A)  Each county may impose civil fines, in addition to
 
 5                criminal penalties, for any violation of county
 
 6                ordinances or rules after reasonable notice and
 
 7                requests to correct or cease the violation have
 
 8                been made upon the violator.  Any administratively
 
 9                imposed civil fine shall not be collected until
 
10                after an opportunity for a hearing under chapter
 
11                91.  Any appeal shall be filed within thirty days
 
12                from the date of the final written decision.
 
13                These proceedings shall not be a prerequisite for
 
14                any civil fine or injunctive relief ordered by the
 
15                circuit court.
 
16           (B)  Each county by ordinance may provide for the
 
17                addition of any unpaid civil fines, ordered by any
 
18                court of competent jurisdiction, to any taxes,
 
19                fees, or charges, with the exception of fees or
 
20                charges for water for residential use and sewer
 
21                charges collected by the county.  Each county by
 
22                ordinance may also provide for the addition of any
 
23                unpaid administratively imposed civil fines, which
 

 
Page 12                                                    
                                     S.B. NO.           648
                                                        
                                                        

 
 1                remain due after all judicial review rights under
 
 2                section 91-14 are exhausted, to any taxes, fees,
 
 3                or charges, with the exception of water for
 
 4                residential use and sewer charges, collected by
 
 5                the county.  The ordinance shall specify the
 
 6                administrative procedures for the addition of the
 
 7                unpaid civil fines to the eligible taxes, fees, or
 
 8                charges and may require hearings or other
 
 9                proceedings.  After the unpaid civil fines are
 
10                added to the taxes, fees, or charges as specified
 
11                by county ordinance, the unpaid civil fines shall
 
12                be deemed immediately due, owing and delinquent
 
13                and may be collected in the same manner as the
 
14                taxes, fees, or charges.  The procedure for
 
15                collection of unpaid civil fines authorized in
 
16                this paragraph shall be in addition to any other
 
17                procedures for collection available to the State
 
18                and county by law or rules of the courts.
 
19           (C)  Each county may impose civil fines upon any person
 
20                who places graffiti on any real or personal
 
21                property owned, managed, or maintained by the
 
22                county.  The fine may be up to $1,000 or may be
 
23                equal to the actual cost of having the damaged
 

 
Page 13                                                    
                                     S.B. NO.           648
                                                        
                                                        

 
 1                property repaired or replaced.  The parent or
 
 2                guardian having custody of a minor who places
 
 3                graffiti on any real or personal property owned,
 
 4                managed, or maintained by the county shall be
 
 5                jointly and severally liable with the minor for
 
 6                any civil fines imposed hereunder.  Any such fine
 
 7                may be administratively imposed after an
 
 8                opportunity for a hearing under chapter 91, but
 
 9                such a proceeding shall not be a prerequisite for
 
10                any civil fine ordered by any court.
 
11                     As used in this subparagraph, "graffiti"
 
12                means any unauthorized drawing, inscription,
 
13                figure, or mark of any type intentionally created
 
14                by paint, ink, chalk, dye, or similar substances.
 
15           (D)  At the completion of an appeal in which the
 
16                county's enforcement action is affirmed and upon
 
17                correction of the violation if requested by the
 
18                violator, the case will be reviewed by the county
 
19                agency that imposed the civil fines to determine
 
20                the appropriateness of the amount of the civil
 
21                fines that accrued while the appeal proceedings
 
22                were pending.  In its review of the amount of the
 
23                accrued fines, the county agency may consider the
 

 
Page 14                                                    
                                     S.B. NO.           648
                                                        
                                                        

 
 1                following:  nature and egregiousness of the
 
 2                violation, duration of the violation, number of
 
 3                recurring and other similar violations, effort
 
 4                taken by the violator to correct the violation,
 
 5                degree of involvement in causing or continuing the
 
 6                violation, reasons for any delay in the completion
 
 7                of the appeal, and other extenuating
 
 8                circumstances.  The civil fine which is imposed by
 
 9                administrative order after this review is
 
10                completed and the violation is corrected is
 
11                subject to only judicial review, notwithstanding
 
12                any provisions for administrative review in county
 
13                charters.
 
14           (E)  After completion of a review of the amount of
 
15                accrued civil fine by the county agency which
 
16                imposed the fine, the amount of the civil fine
 
17                determined appropriate, including both the initial
 
18                civil fine and any accrued daily civil fine, shall
 
19                immediately become due and collectible following
 
20                reasonable notice to the violator.  If no review
 
21                of the accrued civil fine is requested, the amount
 
22                of the civil fine, not to exceed the total accrual
 
23                of civil fine prior to correcting the violation,
 

 
Page 15                                                    
                                     S.B. NO.           648
                                                        
                                                        

 
 1                shall immediately become due and collectible
 
 2                following reasonable notice to the violator, at
 
 3                the completion of all appeal proceedings.
 
 4           (F)  If no county agency exists to conduct appeal
 
 5                proceedings for a particular civil fine action
 
 6                taken by the county, then one shall be established
 
 7                by ordinance before the county shall impose that
 
 8                civil fine.
 
 9     (25)  Any law to the contrary notwithstanding, any county
 
10           mayor may exempt by executive order donors, provider
 
11           agencies, homeless facilities, and any other program
 
12           for the homeless under chapter 201G from real property
 
13           taxes, water and sewer development fees, rates
 
14           collected for water supplied to consumers and for use
 
15           of sewers, and any other county taxes, charges, or
 
16           fees; provided that any county may enact ordinances to
 
17           regulate and grant the exemptions granted by this
 
18           paragraph."
 
19      SECTION 3.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 4.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________