Hawaii 2022 Regular Session

Hawaii Senate Bill SB2103 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2103 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT RELATING TO COUNTY governance. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2103
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2103
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO COUNTY governance.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	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. INTRODUCED BY: _____________________________ By Request
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49	49	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.
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51	51	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.
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53	53	SECTION 2. Section 4-1, Hawaii Revised Statutes, is amended to read as follows:
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55	55	"§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:
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57	57	(1) The island and county of Hawaii shall be divided into nine districts as follows:
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59	59	(A) Puna, to be styled the Puna district;
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61	61	(B) From the Hakalau stream to the boundary of South Hilo and Puna, to be styled the South Hilo district;
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63	63	(C) From the boundary of Hamakua and North Hilo to the Hakalau stream, to be styled the North Hilo district;
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65	65	(D) Hamakua, to be styled the Hamakua district;
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67	67	(E) North Kohala, to be styled the North Kohala district;
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69	69	(F) South Kohala, to be styled the South Kohala district;
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71	71	(G) North Kona, to be styled the North Kona district;
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73	73	(H) South Kona, to be styled the South Kona district; and
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75	75	(I) Kau, to be styled the Kau district.
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77	77	(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:
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79	79	(A) Kahikinui, Kaupo, Kipahulu, Hana, and Koolau, to be styled the Hana district;
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81	81	(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;
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83	83	(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;
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85	85	(D) All that portion of Maui lying west of Wailuku district, to be styled the Lahaina district;
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87	87	(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;
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89	89	[(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
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91	91	[(G)] (F) The island of Lanai, to be styled the Lanai district.
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93	93	(3) For judicial purposes, the island of Oahu shall be divided into seven districts as follows:
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95	95	(A) From Makapuu Head in Maunalua to Moanalua inclusive, and the islands not included in any other district, to be styled the Honolulu district;
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97	97	(B) Ewa, excluding Waikakalaua, Waipio Acres, and Mililani Town, to be styled the Ewa district;
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99	99	(C) Waianae excluding Waianae Uka, to be styled the Waianae district;
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101	101	(D) From Kaena point to and including Waialee Stream excluding Wahiawa, hereinafter described, to be styled the Waialua district;
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103	103	(E) From Waialee Stream to Lae o ka Oio, to be styled the Koolauloa district;
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105	105	(F) From Lae o ka Oio to Makapuu Head in Waimanalo, to be styled the Koolaupoko district; and
106	106
107	107	(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.
108	108
109	109	(4) For all purposes except for judicial, the island of Oahu shall be divided into seven districts as follows:
110	110
111	111	(A) From Makapuu Head in Maunalua to Moanalua inclusive, and the islands not included in any other district, to be styled the Honolulu district;
112	112
113	113	(B) Ewa, to be styled the Ewa district;
114	114
115	115	(C) Waianae excluding Waianae Uka, to be styled the Waianae district;
116	116
117	117	(D) From Kaena point to and including the ahupuaa of Waimea excluding Wahiawa, hereinafter described, to be styled the Waialua district;
118	118
119	119	(E) From Waimea to Lae o ka Oio, to be styled the Koolauloa district;
120	120
121	121	(F) From Lae o ka Oio to Makapuu Head in Waimanalo, to be styled the Koolaupoko district; and
122	122
123	123	(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.
124	124
125	125	(5) The islands of Kauai, Niihau, Kaula, and county of Kauai, shall be divided into five districts as follows:
126	126
127	127	(A) From Puanaaiea point to the ili of Eleele, including the islands of Niihau and Kaula, to be styled the Waimea district;
128	128
129	129	(B) From and including the ili of Eleele to and including Mahaulepu, to be styled the Koloa district;
130	130
131	131	(C) From and including Kipu to the northerly bank of the north fork and the main Wailua river, to be styled the Lihue district;
132	132
133	133	(D) From the northerly bank of the north fork and the main Wailua river to Kealaakaiole, to be styled the Kawaihau district; and
134	134
135	135	(E) From and including Kealaakaiole to Puanaaiea point to be styled the Hanalei district."
136	136
137	137	SECTION 3. Section 11-1, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:
138	138
139	139	""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.]"
140	140
141	141	SECTION 4. Section 11-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
142	142
143	143	"(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]."
144	144
145	145	SECTION 5. Section 23-81, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
146	146
147	147	"(c) This section shall apply to the following:
148	148
149	149	(1) Section 237-23(a)(3)--Fraternal benefit societies, orders, or associations for the payment of benefits to members;
150	150
151	151	(2) Section 237-23(a)(4)--Corporations, associations, trusts, or societies:
152	152
153	153	(A) Organized and operated exclusively for religious, charitable, scientific, or educational purposes;
154	154
155	155	(B) Operating senior citizens housing facilities qualifying for loans under the United States Housing Act of 1959, as amended;
156	156
157	157	(C) Operating legal service plans; or
158	158
159	159	(D) Operating or managing homeless facilities or other programs for the homeless;
160	160
161	161	(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;
162	162
163	163	(4) Section 237-23(a)(6)--Hospitals, infirmaries, and sanitaria;
164	164
165	165	(5) Section 237-23(a)(7)--Tax-exempt potable water companies serving residential communities lacking access to public utility water services;
166	166
167	167	(6) Section 237-23(a)(8)--Agricultural cooperative associations incorporated under state or federal law;
168	168
169	169	(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;
170	170
171	171	(8) Section 237-23(a)(10)--Corporations, companies, associations, or trusts organized for cemeteries; and
172	172
173	173	(9) Section 237-23(a)(11)--Nonprofit shippers."
174	174
175	175	SECTION 6. Section 101-1, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:
176	176
177	177	""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."
178	178
179	179	SECTION 7. Section 103F-202, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
180	180
181	181	"(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."
182	182
183	183	SECTION 8. Section 127A-2, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:
184	184
185	185	""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]."
186	186
187	187	SECTION 9. Section 128A-2, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:
188	188
189	189	""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]."
190	190
191	191	SECTION 10. Section 128E-4, Hawaii Revised Statutes, is amended to read as follows:
192	192
193	193	"[[]§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]."
194	194
195	195	SECTION 11. Section 231-2, Hawaii Revised Statutes, is amended to read as follows:
196	196
197	197	"§231-2 Taxation districts. For the purpose of taxation, the State is divided into the following four districts:
198	198
199	199	(1) The city and county of Honolulu, to be called the first district;
200	200
201	201	(2) The [counties] county of Maui [and Kalawao], to be called the second district;
202	202
203	203	(3) The county of Hawaii, to be called the third district; and
204	204
205	205	(4) The county of Kauai, to be called the fourth district."
206	206
207	207	SECTION 12. Section 237-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
208	208
209	209	"(a) This chapter shall not apply to the following persons:
210	210
211	211	(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;
212	212
213	213	(2) Public utilities owned and operated by the State or any county, or other political subdivision thereof;
214	214
215	215	(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;
216	216
217	217	(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;
218	218
219	219	(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;
220	220
221	221	(6) Hospitals, infirmaries, and sanitaria;
222	222
223	223	(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;
224	224
225	225	(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:
226	226
227	227	(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;
228	228
229	229	(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
230	230
231	231	(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;
232	232
233	233	(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;
234	234
235	235	(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
236	236
237	237	(11) Nonprofit shippers associations operating under part 296 of the Civil Aeronautics Board Economic Regulations."
238	238
239	239	SECTION 13. Section 243-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
240	240
241	241	"(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."
242	242
243	243	SECTION 14. Section 281-1, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:
244	244
245	245	""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]."
246	246
247	247	SECTION 15. Section 326-24, Hawaii Revised Statutes, is amended to read as follows:
248	248
249	249	"§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."
250	250
251	251	amended to read as follows:
252	252
253	253	"§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."
254	254
255	255	SECTION 16. Section 326-29, Hawaii Revised Statutes, is amended to read as follows:
256	256
257	257	"§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.
258	258
259	259	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.
260	260
261	261	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."
262	262
263	263	SECTION 17. Section 329D-2, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
264	264
265	265	"(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]."
266	266
267	267	SECTION 18. Section 431:10C-119, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
268	268
269	269	"(a) Prior to licensing an insurer to transact a motor vehicle insurance business in this State, the commissioner:
270	270
271	271	(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;
272	272
273	273	(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
274	274
275	275	(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."
276	276
277	277	SECTION 19. Section 445-13, Hawaii Revised Statutes, is amended to read as follows:
278	278
279	279	"§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."
280	280
281	281	SECTION 20. Section 804-5, Hawaii Revised Statutes, is amended to read as follows:
282	282
283	283	"§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."
284	284
285	285	SECTION 21. Section 326-34, Hawaii Revised Statutes, is repealed.
286	286
287	287	["§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.
288	288
289	289	(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."]
290	290
291	291	SECTION 22. Section 326-35, Hawaii Revised Statutes, is repealed.
292	292
293	293	["§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."]
294	294
295	295	SECTION 23. Section 326-36, Hawaii Revised Statutes, is repealed.
296	296
297	297	["§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."]
298	298
299	299	SECTION 24. Section 326-37, Hawaii Revised Statutes, is repealed.
300	300
301	301	["§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."]
302	302
303	303	SECTION 25. Section 326-38, Hawaii Revised Statutes, is repealed.
304	304
305	305	["§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."]
306	306
307	307	SECTION 26. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
308	308
309	309	SECTION 27. This Act shall take effect on January 2, 2025.
310	310
311	311
312	312
313	313	INTRODUCED BY: _____________________________
314	314	By Request
315	315
316	316	INTRODUCED BY:
317	317
318	318	_____________________________
319	319
320	320
321	321
322	322	By Request
323	323
324	324	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.
325	325
326	326
327	327
328	328
329	329
330	330	Report Title:
331	331
332	332	Maui County Council Package; Kalawao County; Maui County; Department of Health
333	333
334	334
335	335
336	336	Description:
337	337
338	338	Abolishes Kalawao County and incorporates the area into Maui County.
339	339
340	340
341	341
342	342
343	343
344	344
345	345
346	346	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.