Report Title:

Board of Water Supply; Hawaii County

Description:

Amends the number of members on the board of water supply and the method of appointment. Allows the vice-chairperson to execute contracts, documents of transfer, and vouchers for money disbursements. Allows the board to acquire property in its name.

THE SENATE

S.B. NO.

1586

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the hawaii county board of water supply.

 

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

SECTION 1. Section 54-51, Hawaii Revised Statutes, is amended to read as follows:

"§54-51 Board of water supply. There shall be a board of water supply of the county of Hawaii, to consist of nine members[, of whom eight shall be appointive members and be appointed as hereinafter provided, and of whom the ninth member shall always be the person who for the time being shall be the legal incumbent of the office of the chief engineer of the department of public works of the county]. The board shall manage, control, and operate the water systems and properties of the county, for the supplying of water to the public within the several districts of the county, and collect, receive, expend, and account for all sums of money derived from the operation thereof, and all other moneys provided for the use or benefit of each or all of the water systems as in this part provided."

SECTION 2. Section 54-52, Hawaii Revised Statutes, is amended to read as follows:

"§54-52 Appointment. The [eight] nine appointive members of the board of water supply shall be appointed by the [chairperson of the council of the county,] mayor with the approval of the council. [The chairperson shall likewise designate the chairperson of the board of water supply from among the appointive members.] The members shall select their chairperson and vice chairperson. The members of the board shall serve without pay, but shall be reimbursed for their reasonable expenses. Each member of the board shall be, at the time of the member's appointment, an elector of the county of Hawaii and shall have been such for at least three years next preceding the member's appointment[.], and the members shall have at least one resident from each council district. Any member of the board may be removed from office by the [chairperson of the council of the county,] mayor with the approval of the council.

[Membership of the board shall include four members who are residents of the district of North or South Hilo; one of the four members shall be the person who for the time being shall be the legal incumbent of the office of the chief engineer of the department of public works of the county. In addition, one member shall be a resident of the district of North Kona or South Kona, one member shall be a resident of the district of North Kohala or South Kohala, one member shall be a resident of the district of Hamakua, one member shall be a resident of the district of Puna, and one member shall be a resident of the district of Kau.] One member shall be a resident of each council district.

The term of office of the appointive members of the board shall be five years from and after the date of their respective appointments. Any vacancy occurring on the board shall be filled by appointment. The one appointed to fill the vacancy shall serve only for the unexpired term of the person whom the appointive member succeeds. Officers and employees of the county of Hawaii shall not be eligible for appointive membership on the board."

SECTION 3. Section 54-54, Hawaii Revised Statutes, is amended to read as follows:

"§54-54 General management. The board of water supply shall[, with the advice and consent of the council of the county,] appoint a manager who shall have qualifications that the board deems necessary, and who shall have full power to administer the affairs of the waterworks and the water systems that are by this part placed under the control of the board. The manager shall be known as the manager of the board of water supply of the county of Hawaii, shall serve at the pleasure of the board, and shall be subject to the direction of the board.

[The manager shall be subject to chapter 77.]

The manager shall appoint subordinates, assistants, and employees that may be necessary for the proper conduct of the business of the board and the subordinates, assistants, and employees shall be subject to chapter 76.

The board may require a bond in an amount that it deems proper from any employee, which bond shall be duly conditioned for the faithful performance of the duties of the employee, and the board may provide that the premium on any bond be paid out of the revenues of the waterworks and water systems under the jurisdiction of the board.

The manager at a time that may be prescribed by the board, shall present to the board full annual reports of the principal transactions of the water supply system during the last completed year[; which reports together with any recommendations that the board may think proper, shall be presented to the chairperson and executive officer of the council of the county and the council]."

SECTION 4. Section 54-56, Hawaii Revised Statutes, is amended to read as follows:

"§54-56 Purchases and contracts. The board of water supply may contract for work, supplies, materials, or equipment when the cost of these can be met from the revenues or reserves of the waterworks or water systems, or from the proceeds of bonds authorized for the waterworks and water systems. All contracts shall be executed in the name of the board and shall be signed by the chairperson, vice-chairperson, or acting chairperson of the board.

The board may sell or otherwise dispose of any buildings, materials, supplies, or equipment under its control when no longer used or useful for its purposes, and the proceeds thereof shall be placed to the credit of the board. All documents of transfer shall be executed in the name of the board and shall be signed by the chairperson, vice-chairperson, or acting chairperson [thereof]."

SECTION 5. Section 54-62, Hawaii Revised Statutes, is amended to read as follows:

"§54-62 Disbursement of funds. All moneys expended by the board of water supply pursuant to this part shall be disbursed by the county treasurer on vouchers signed by the [chairperson or] chairperson, vice-chairperson, acting chairperson of the board[.], or their designee."

SECTION 6. Section 54-64, Hawaii Revised Statutes, is amended to read as follows:

"§54-64 Acquisition of lands. The board of water supply may, in the name of the [county, subject to the approval of the council of the county,] board, acquire and take by purchase, lease, or otherwise, all property situated within the limits of the county that it may determine necessary for the construction, maintenance, extension, or operation of any of the waterworks and water systems under its jurisdiction and control."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

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