Bill Text: HI SB2615 | 2024 | Regular Session | Amended
Bill Title: Relating To County Labor Standards.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2024-04-26 - Conference committee meeting to reconvene on 04-26-24 5:20 PM; CR 016. [SB2615 Detail]
Download: Hawaii-2024-SB2615-Amended.html
THE SENATE |
S.B. NO. |
2615 |
THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 3 |
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A BILL FOR AN ACT
RELATING TO COUNTY LABOR STANDARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-1.5, Hawaii Revised Statutes, is amended to read as follows:
"§46-1.5 General powers
and limitation of the counties. Subject
to general law, each county shall have the following powers and shall be
subject to the following liabilities and limitations:
(1) Each county shall have the power to frame and
adopt a charter for its own self-government that shall establish the county
executive, administrative, and legislative structure and organization,
including but not limited to the method of appointment or election of
officials, their duties, responsibilities, and compensation, and the terms of
their office;
(2) Each county shall have the power to provide
for and regulate the marking and lighting of all buildings and other structures
that may be obstructions or hazards to aerial navigation, so far as may be necessary
or proper for the protection and safeguarding of life, health, and property;
(3) Each county shall have the power to enforce
all claims on behalf of the county and approve all lawful claims against the
county, but shall be prohibited from entering into, granting, or making in any
manner any contract, authorization, allowance payment, or liability contrary to
the provisions of any county charter or general law;
(4) Each county shall have the power to make
contracts and to do all things necessary and proper to carry into execution all
powers vested in the county or any county officer;
(5) Each county shall have the power to:
(A) Maintain channels, whether natural or
artificial, including their exits to the ocean, in suitable condition to carry
off storm waters;
(B) Remove from the channels, and from the shores
and beaches, any debris that is likely to create an unsanitary condition or
become a public nuisance; provided that, to the extent any of the foregoing
work is a private responsibility, the responsibility may be enforced by the
county in lieu of the work being done at public expense;
(C) Construct, acquire by gift, purchase, or by
the exercise of eminent domain, reconstruct, improve, better, extend, and
maintain projects or undertakings for the control of and protection against
floods and flood waters, including the power to drain and rehabilitate lands
already flooded;
(D) Enact zoning ordinances providing that lands
deemed subject to seasonable, periodic, or occasional flooding shall not be
used for residence or other purposes in a manner as to endanger the health or
safety of the occupants thereof, as required by the Federal Flood Insurance Act
of 1956 (chapter 1025, Public Law 1016); and
(E) Establish and charge user fees to create and
maintain any stormwater management system or infrastructure; provided that
no county shall charge against or collect user fees from the department of
transportation in excess of $1,500,000 in the aggregate per year; provided
further that no services shall be denied to the department of transportation by
reason of nonpayment of the fees;
(6) Each county shall have the power to exercise
the power of condemnation by eminent domain when it is in the public interest
to do so;
(7) Each county shall have the power to exercise
regulatory powers over business activity as are assigned to them by chapter 445
or other general law;
(8) Each county shall have the power to fix the
fees and charges for all official services not otherwise provided for;
(9) Each county shall have the power to provide by
ordinance assessments for the improvement or maintenance of districts within
the county;
(10) Except as otherwise provided, no county shall have the power to give or loan credit to, or in aid of, any person or corporation, directly or indirectly, except for a public purpose;
(11) Where not within the jurisdiction of the public utilities commission, each county shall have the power to regulate by ordinance the operation of motor vehicle common carriers transporting passengers within the county and adopt and amend rules the county deems necessary for the public convenience and necessity;
(12) Each county shall have the power to enact and enforce ordinances necessary to prevent or summarily remove public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unoccupied lots. In connection with these powers, each county may impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the property owners fail, after reasonable notice, to comply with the ordinances. The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to each county's respective circumstances. The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property;
(13) Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State;
(14) Each county shall have the power to:
(A) Make and enforce within the limits of the
county all necessary ordinances covering all:
(i) Local police matters;
(ii) Matters of sanitation;
(iii) Matters of inspection of buildings;
(iv) Matters of condemnation of unsafe structures,
plumbing, sewers, dairies, milk, fish, and morgues; and
(v) Matters of the collection and disposition of
rubbish and garbage;
(B) Provide exemptions for homeless facilities and
any other program for the homeless authorized by part XVII of chapter 346, for
all matters under this paragraph;
(C) Appoint county physicians and sanitary and
other inspectors as necessary to carry into effect ordinances made under this
paragraph, who shall have the same power as given by law to agents of the
department of health, subject only to limitations placed on them by the terms
and conditions of their appointments; and
(D) Fix a penalty for the violation of any
ordinance, which penalty may be a misdemeanor, petty misdemeanor, or violation
as defined by general law;
(15) Each county shall have the power to provide public pounds; to regulate the impounding of stray animals and fowl, and their disposition; and to provide for the appointment, powers, duties, and fees of animal control officers;
(16) Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined boundaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require, except that:
(A) Any property held for school purposes may not
be disposed of without the consent of the superintendent of education;
(B) No property bordering the ocean shall be sold
or otherwise disposed of; and
(C) All proceeds from the sale of park lands shall
be expended only for the acquisition of property for park or recreational
purposes;
(17) Each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State;
(18) Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of:
(A) Community promotion and public celebrations;
(B) The entertainment of distinguished persons as
may from time to time visit the county;
(C) The entertainment of other distinguished
persons, as well as[,] public officials when deemed to be in the best
interest of the community; and
(D) The rendering of civic tribute to individuals
who, by virtue of their accomplishments and community service, merit civic
commendations, recognition, or remembrance;
(19) Each county shall have the power to:
(A) Construct, purchase, take on lease, lease,
sublease, or in any other manner acquire, manage, maintain, or dispose of
buildings for county purposes, sewers, sewer systems, pumping stations,
waterworks, including reservoirs, wells, pipelines, and other conduits for distributing
water to the public, lighting plants, and apparatus and appliances for lighting
streets and public buildings, and manage, regulate, and control the same;
(B) Regulate and control the location and quality
of all appliances necessary to the furnishing of water, heat, light, power,
telephone, and telecommunications service to the county;
(C) Acquire, regulate, and control any and all
appliances for the sprinkling and cleaning of the streets and the public ways,
and for flushing the sewers; and
(D) Open, close, construct, or maintain county
highways or charge toll on county highways; provided that all revenues received
from a toll charge shall be used for the construction or maintenance of county
highways;
(20) Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance;
(21) Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of succession of county officials in the event of a military or civil disaster;
(22) Each county shall have the power to sue and be sued in its corporate name;
(23) Each county shall have the power to:
(A) Establish and maintain waterworks and sewer works;
(B) Implement a sewer monitoring program
that includes the inspection of sewer laterals that connect to county sewers,
when those laterals are located on public or private property, after providing
a property owner [not] no less than ten calendar days' written
notice, to detect leaks from laterals, infiltration, and inflow, any other law
to the contrary notwithstanding;
(C) Compel an owner of private property upon which is located any sewer lateral that connects to a county sewer to inspect that lateral for leaks, infiltration, and inflow and to perform repairs as necessary;
(D) Collect rates for water supplied to consumers and for the use of sewers;
(E) Install water meters whenever deemed expedient; provided that owners of premises having vested water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises;
(F) Take over from the State existing waterworks systems, including water rights, pipelines, and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop, and improve the same; and
(G) For purposes of subparagraphs (B) and (C):
(i) "Infiltration" means groundwater, rainwater, and saltwater that enters the county sewer system through cracked, broken, or defective sewer laterals; and
(ii) "Inflow" means non-sewage entering the county sewer system via inappropriate or illegal connections;
(24) (A) Each
county may impose civil fines, in addition to criminal penalties, for any
violation of county ordinances or rules after reasonable notice and requests to
correct or cease the violation have been made upon the violator. Any administratively imposed civil fine shall
not be collected until after an opportunity for a hearing under chapter
91. Any appeal shall be filed within
thirty days from the date of the final written decision. These proceedings shall not be a prerequisite
for any civil fine or injunctive relief ordered by the circuit court;
(B) Each county by ordinance may provide for the
addition of any unpaid civil fines, ordered by any court of competent
jurisdiction, to any taxes, fees, or charges, with the exception of fees or
charges for water for residential use and sewer charges, collected by the
county. Each county by ordinance may
also provide for the addition of any unpaid administratively imposed civil
fines, which remain due after all judicial review rights under section 91-14
are exhausted, to any taxes, fees, or charges, with the exception of water for
residential use and sewer charges, collected by the county. The ordinance shall specify the
administrative procedures for the addition of the unpaid civil fines to the
eligible taxes, fees, or charges and may require hearings or other proceedings. After addition of the unpaid civil fines to
the taxes, fees, or charges, the unpaid civil fines shall not become a part of
any taxes, fees, or charges. The county
by ordinance may condition the issuance or renewal of a license, approval, or
permit for which a fee or charge is assessed, except for water for residential
use and sewer charges, on payment of the unpaid civil fines. Upon recordation of a notice of unpaid civil
fines in the bureau of conveyances, the amount of the civil fines, including
any increase in the amount of the fine which the county may assess, shall
constitute a lien upon all real property or rights to real property belonging
to any person liable for the unpaid civil fines. The lien in favor of the county shall be
subordinate to any lien in favor of any person recorded or registered [prior
to] before the recordation of the notice of unpaid civil fines and
senior to any lien recorded or registered after the recordation of the
notice. The lien shall continue until
the unpaid civil fines are paid in full or until a certificate of release or
partial release of the lien, prepared by the county at the owner's expense, is
recorded. The notice of unpaid civil
fines shall state the amount of the fine as of the date of the notice and maximum
permissible daily increase of the fine.
The county shall not be required to include a social security number,
state general excise taxpayer identification number, or federal employer
identification number on the notice.
Recordation of the notice in the bureau of conveyances shall be deemed,
at [such] that time, for all purposes and without any further
action, to procure a lien on land registered in land court under chapter
501. After the unpaid civil fines are
added to the taxes, fees, or charges as specified by county ordinance, the
unpaid civil fines shall be deemed immediately due, owing, and delinquent and
may be collected in any lawful manner.
The procedure for collection of unpaid civil fines authorized in this
paragraph shall be in addition to any other procedures for collection available
to the State and county by law or rules of the courts;
(C) Each county may impose civil fines upon any
person who places graffiti on any real or personal property owned, managed, or
maintained by the county. The fine may
be up to $1,000 or may be equal to the actual cost of having the damaged
property repaired or replaced. The
parent or guardian having custody of a minor who places graffiti on any real or
personal property owned, managed, or maintained by the county shall be jointly
and severally liable with the minor for any civil fines imposed hereunder. [Any such] The fine may be
administratively imposed after an opportunity for a hearing under chapter 91,
but [such] a proceeding shall not be a prerequisite for any civil fine
ordered by any court. As used in this
subparagraph, "graffiti" means any unauthorized drawing, inscription,
figure, or mark of any type intentionally created by paint, ink, chalk, dye, or
similar substances;
(D) At the completion of an appeal in which the
county's enforcement action is affirmed and upon correction of the violation if
requested by the violator, the case shall be reviewed by the county agency that
imposed the civil fines to determine the appropriateness of the amount of the
civil fines that accrued while the appeal proceedings were pending. In its review of the amount of the accrued
fines, the county agency may consider:
(i) The nature and egregiousness of the violation;
(ii) The duration of the violation;
(iii) The
number of recurring and other similar violations;
(iv) Any effort taken by the violator to correct
the violation;
(v) The degree of involvement in causing or
continuing the violation;
(vi) Reasons for any delay in the completion of the
appeal; and
(vii) Other extenuating circumstances.
The
civil fine that is imposed by administrative order after this review is
completed and the violation is corrected shall be subject to judicial review,
notwithstanding any provisions for administrative review in county charters;
(E) After completion of a review of the amount of
accrued civil fine by the county agency that imposed the fine, the amount of
the civil fine determined appropriate, including both the initial civil fine
and any accrued daily civil fine, shall immediately become due and collectible
following reasonable notice to the violator.
If no review of the accrued civil fine is requested, the amount of the
civil fine, not to exceed the total accrual of civil fine [prior to] before
correcting the violation, shall immediately become due and collectible
following reasonable notice to the violator, at the completion of all appeal
proceedings; and
(F) If no county agency exists to conduct appeal
proceedings for a particular civil fine action taken by the county, then one
shall be established by ordinance before the county shall impose the civil
fine;
(25) Any law to the contrary notwithstanding, any county mayor, by executive order, may exempt donors, provider agencies, homeless facilities, and any other program for the homeless under part XVII of chapter 346 from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate and grant the exemptions granted by this paragraph;
(26) Any
county may establish a captive insurance company pursuant to article 19,
chapter 431; [and]
(27) Each
county shall have the power to enact and enforce ordinances regulating towing
operations[.]; and
(28) Each county shall have the power to:
(A) Require contractors, as defined in
section 444-1, to disclose information regarding its employees' wages,
benefits, hours, and employment status; and
(B) Deny, revoke, or suspend a building permit application if a contractor, as defined in section 444-1, is found to be in violation of laws as determined by the department of labor and industrial relations, United States Department of Labor, or judicial order relating to wages, benefits, hours, and employment status."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 3000.
Report Title:
Contractors; Employees; Counties; Wages; Benefits; Hours; Employment Status; Disclosure
Description:
Authorizes the counties to require contractors to disclose information regarding its employees' wages, benefits, hours, and employment status and deny, revoke, or suspend a building permit application for violating laws relating to wages, benefits, hours, and employment status, under certain conditions. Effective 7/1/3000. (HD3)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.