DIVISION 1. GOVERNMENT
TITLE 1. GENERAL PROVISIONS
Chapter
1 Common Law; Construction of Laws
2 Statute Revision and Publication--Repealed
3 Uniformity of Legislation
4 Boundaries
4E State Board on Geographic Names
5 Emblems and Symbols
6 Memorials--Repealed
6D Protection of Caves
6E Historic Preservation
6F Judiciary History Center
6K Kaho‘olawe Island Reserve
7 Miscellaneous Rights of the People
8 Holidays
9 Foundation on Culture and the Arts
9C Ethnic Studies--Repealed
10 Office of Hawaiian Affairs
CHAPTER 1
COMMON LAW; CONSTRUCTION OF LAWS
Section
1-1 Common law of the State; exceptions
1-2 Certain laws not obligatory until published
1-3 Laws not retrospective
1-4 Persons and property subject to laws
1-4.5 Cession of concurrent jurisdiction
1-5 Contracts in contravention of law
1-6 Prohibitory law, effect
1-7 Repeal of laws
1-8 No revivor on repeal; exception
1-9 Express or implied repeals
1-10 Effect of repeal on accrued rights
1-11 Effect of repeal on pending suit or prosecution
1-12 Application of statutory construction provisions
1-13 Official languages
1-13.5 Hawaiian language; spelling
1-14 Words have usual meaning
1-15 Construction of ambiguous context
1-16 Laws in pari materia
1-17 Number and gender
1-18 "Or," "and"
1-19 "Person," "others," "any," etc.
1-20 "Month," "year"
1-21 "Oath"
1-22 "County"
1-23 Severability
1-24 Interpretation of uniform acts
1-25 References apply to amendments
1-26 References inclusive
1-27 Citations of laws included in supplements and
replacement volumes
1-28 Service of notice by mail
1-28.5 Publication of notice
1-29 Computation of time
1-30 Hawaiian standard time applicable
1-31 Hawaiian standard time; definition; observance
1-32 Acts to be done on holidays
CHAPTER 2
STATUTE REVISION AND PUBLICATION
REPEALED. L Sp 1977 1st, c 8, §3.
Cross References
For present provisions, see chapter 23G, pt. II.
CHAPTER 3
UNIFORMITY OF LEGISLATION
Section
3-1 Commission
3-2 Duties
CHAPTER 4
BOUNDARIES
Section
4-1 Districts, generally
4-2 Repealed
4-3 Districts include archipelagic waters, etc.
[CHAPTER 4E]
STATE BOARD ON GEOGRAPHIC NAMES
Section
4E-1 State board on geographic names
4E-2 Chairperson, secretary
4E-3 Responsibilities of the board
CHAPTER 5
EMBLEMS AND SYMBOLS
Section
5-1 to 4 Repealed
5-5 State seal, description
5-6 Seal; commercial use
5-6.5 State language
5-7 State popular name
5-7.5 "Aloha Spirit"
5-7.6 Aloha order of merit
5-7.7 Aloha order of merit location
5-8 State tree
5-9 State motto
5-10 State song
5-11 Repealed
5-12 State marine mammal
5-13 Repealed
5-13.5 State individual sport
5-14 State team sport
5-15 State gem
5-16 State flower and individual island flowers
5-16.5 Official island colors
5-17 State bird
5-18 State flag
5-19 Description of the Hawaiian flag
5-20 Public display of Hawaiian flag; position
5-21 State dance
CHAPTER 6
MEMORIALS
REPEALED. L 1981, c 135, §2.
[Chapter 6D]
protection of caves
Section
6D-1 Definitions
6D-2 Prohibitions
6D-3 Pollution
6D-4 Disturbance of native organisms
6D-5 Sale
6D-6 Commercial entry
6D-7 Access
6D-8 Burial discovery
6D-9 Liability
6D-10 Confidentiality
6D-11 General administrative penalties
6D-12 Criminal penalties
6D-13 Penalties cumulative
CHAPTER 6E
HISTORIC PRESERVATION
Part I. Historic Preservation Program
Section
6E-1 Declaration of intent
6E-2 Definitions
6E-3 Historic preservation program
6E-3.5 Consultation
6E-4 Administration
6E-5 State historic preservation officer
6E-5.5 The Hawaii historic places review board; creation;
powers; appointments; composition
6E-6 Depositories for certain specimens and objects
6E-7 State title to historic property
6E-8 Review of effect of proposed state projects
6E-9 Investigation, recording, preservation, and salvage;
appropriations
6E-10 Privately owned historic property
6E-10.5 Enforcement
6E-11 Penalties
6E-11.5 Civil penalties
6E-11.6 Administrative penalties
6E-12 Reproductions, forgeries, and illegal sales
6E-13 Injunctive relief
6E-14 Preservation activities by political subdivisions
6E-15 Regulations, special conditions or restrictions
6E-16 Hawaii historic preservation special fund
Part II. Monuments and Memorials
6E-31 Monuments; reservation of land; relinquishment of
private claims
6E-32 Diamond Head State Monument
6E-32.5 Mount Olomana state monument
6E-33 Captain Cook Memorial Fund
6E-34 Capitol site
6E-35 Iolani Palace
6E-36 Sand Island
6E-37 National statuary hall; Father Damien
6E-38 National statuary hall; King Kamehameha I
6E-38.5 Kohala Historical Sites State Monument
6E-39 Jurisdiction over World War II memorial
6E-40 Bernice Pauahi Bishop Museum
6E-41 Cemeteries; removal or redesignation
6E-42 Review of proposed projects
6E-43 Prehistoric and historic burial sites
6E-43.5 Island burial councils; creation; appointment;
composition; duties
6E-43.6 Inadvertent discovery of burial sites
6E-44 Veterans memorial commission
6E-45 Korean and Vietnam memorial
6E-46 Hawaii Sports Hall of Fame
Part III. Pacific War Memorial System
6E-51 Department of land and natural resources; powers
6E-52 Transfer of lands
Part IV. Miscellaneous Provisions
6E-61 Biological survey; designation
Note
South Kona wilderness area (contingent repeal December 31, 2006). L 2003, c 59.
Cross References
Kaho‘olawe Island Reserve, see chapter 6K.
CHAPTER 6F
JUDICIARY HISTORY CENTER
Section
6F-1 Definitions
6F-2 Judiciary history center; establishment
6F-3 Executive board
6F-4 Organization; quorum; meetings
6F-5 Duties; scope of work
6F-6 Annual report
6F-7 Judiciary history center trust fund
6F-8 Center concessions
CHAPTER 6K
KAHO‘OLAWE ISLAND RESERVE
Section
6K-1 Administration of chapter
6K-2 Definitions
6K-3 Reservation of uses
6K-4 Powers and duties
6K-5 Commission
6K-6 Responsibilities and duties of the commission
6K-7 Fishing
6K-8 Penalty
6K-8.5 General administrative penalties
6K-8.6 Administrative violation system
6K-9 Transfer
6K-9.5 Kaho‘olawe rehabilitation trust fund
6K-10 Severability
Note
Task force on warning signs and devices for unexploded ordnance. L 2002, c 218, §3.
Cross References
Conclusive presumptions; unexploded ordnance on Kaho‘olawe and in the ocean adjacent to Kaho‘olawe, see §662-18.
CHAPTER 7
MISCELLANEOUS RIGHTS OF THE PEOPLE
Section
7-1 Building materials, water, etc.; landlords' titles
subject to tenants' use
7-2 Driftwood
7-3 Repealed
CHAPTER 8
HOLIDAYS
Section
8-1 Holidays designated
8-1.5 Discoverers' Day
8-2 Observance of holidays falling on Sundays and Saturdays
8-3 Banking holidays
8-4 Buddha Day
8-4.5 Baha'i New Year's Day
8-5 King Kamehameha celebration commission
8-5.5 Queen Lili‘uokalani Day
8-6 Repealed
8-7 Arbor Day
8-8 Father Damien DeVeuster Day
8-9 Respect for Our Elders Day
8-10 Bodhi Day
8-11 Children and Youth Day and Month
8-12 Ocean Day
8-13 Lei Day
8-14 Financial Literacy for Youth Month
CHAPTER 9
[FOUNDATION ON CULTURE AND THE ARTS]
Part I. General Provisions
Section
9-1 Definitions
9-2 Establishment of foundation
9-3 Duties
9-4 Student art work
9-5 Rules
9-6 Qualifying standards for individual artist fellowships
9-7 Requirement for artists receiving an individual
artist fellowship
Part II. Foundation Grant Program
9-11 Qualifying standards for foundation grant applications
9-12 Conditions for foundation grants
9-13 Required review of requests for foundation grants
9-14 Allotment
9-15 Contracts
9-16 Monitoring and evaluation
9-17 Continued eligibility
9-18 Applicability and interpretation
Part III. Art in Public Places and Relocatable Works
of Arts Program and State Art Museum
9-21 Purpose
9-22 State art museum; establishment
9-23 Friends of the Hawaii state art museum; establishment
Cross References
Judiciary history center, see chapter 6F.
CHAPTER 9C
ETHNIC STUDIES
REPEALED. L 1977, c 14, §2.
Cross References
Ethnohistory studies, see §9-3(11).
CHAPTER 10
OFFICE OF HAWAIIAN AFFAIRS
Part I. General Provisions
Section
10-1 Declaration of purpose
10-2 Definitions
10-3 Purpose of the office
10-4 Office of Hawaiian affairs; established; general powers
10-5 Board of trustees; powers and duties
10-6 General duties of the board
10-7 Board of trustees
10-8 Organization; quorum; meeting
10-9 Salaries; benefit; expenses
10-9.5 Salary commission; established
10-10 Administrator; appointment, tenure, removal
10-11 Salary of the administrator
10-12 Assistant; staff
10-13 Appropriations; accounts; reports
10-13.3 Interim revenue
10-13.5 Use of public land trust proceeds
10-13.6 Public land trust conveyed for the development of
housing projects
10-14 Repealed
10-14.5 Budget preparation and submission; auditing
10-14.55 Audit and report
10-14.6 Legislative review
10-15 Annual report
10-15.5 Repealed
10-16 Suits
10-17 Grants; conditions and qualifications
10-18 Hui ‘Imi advisory council
10-19 Hawaiian registry
Part II. Revenue Bonds
10-21 Definitions
10-22 Powers of the board
10-23 Authorization of office projects and revenue bonds
10-24 Revenue bond anticipation notes
10-25 Revenue bonds
10-26 CUSIP numbers
10-27 Covenants in resolution authorizing revenue bonds
10-28 Validity of bonds
10-29 Bonds
10-30 Payment and security of revenue bonds; revenue bonds
not a debt of the State
10-31 Office of Hawaiian affairs projects to be
self-supporting
10-32 Office of Hawaiian affairs project and bonds exempt
from taxation
10-33 Powers herein, additional to other powers
10-34 Funding and refunding bonds; authorization and purpose
10-35 Funding and refunding bonds; principal amount
10-36 Limitation of authority
Note
Workforce restructuring: special retirement incentive benefit (repealed June 30, 2008). L 2000, c 253, §§115, 122; L 2002, c 131, §2.
Cross References
Successor determination program, see §171-100.
Attorney General Opinions
Office of Hawaiian affairs constitutionally valid. Att. Gen. Op. 80-8.
Legislature may not authorize office of Hawaiian affairs to use funds derived from public land trust to better the conditions of "Hawaiians", as defined in section 10-2, distinguishing from "native Hawaiians" as defined in section 5(f) of the Admission Act. Att. Gen. Op. 83-2.
Law Journals and Reviews
The Constitutionality of the Office of Hawaiian Affairs. 7 UH L. Rev. 63.
The Office of Hawaiian Affairs and the Issue of Sovereign Immunity. 7 UH L. Rev. 95.
The Native Hawaiian Trusts Judicial Relief Act: The First Step in an Attempt to Provide Relief. 14 UH L. Rev. 889.
Native Hawaiian Entitlement to Sovereignty: An Overview. 17 UH L. Rev. 427.
Case Notes
Does not violate section 5 of the Admission Act. 921 F.2d 950.
Appellant who contended, among other things, injury by the provisions of article XII of the state constitution and this chapter personally subjecting appellant to racial classification, lacked standing as appellant did not suffer an injury in fact. 342 F.3d 934.
Plaintiff challenging constitutionality of article XII, §§5 and 6 of state constitution and this chapter, lacked standing, where plaintiff had not suffered any injury-in-fact. 188 F. Supp. 2d 1233.
TITLE 2. ELECTIONS
Chapter
11 Elections, Generally
12 Primary Elections
13 Board of Education
13D Board of Trustees, Office of Hawaiian Affairs
14 Presidential Elections
15 Absentee Voting
15A Voting by Mailing Ballot--Repealed
16 Voting System
16A Uniform Act for Voting by New Residents in Presidential
Elections--Repealed
17 Vacancies
18 Districting--Repealed
19 Election Offense
CHAPTER 11 [OLD]
VOTER REGISTRATION
REPEALED. L 1970, c 26, §3.
CHAPTER 11 [NEW]
ELECTIONS, GENERALLY
Part I. General Provisions
Section
11-1 Definitions
11-1.5 Office of elections established
11-1.55 Exemptions
11-1.6 Appointment of the chief election officer;
requirements; term; restrictions; salary;
reappointment; removal
11-2 Chief election officer; duties
11-2.5 to 2.7 Repealed
11-3 Application of chapter
11-4 Rules and regulations
11-5 Employees
11-6 Petitions; withdrawal of signatures
11-7 Elections commission
11-7.5 Duties of the elections commission
11-8 Elections commission; political activities
11-8.5 Elections review program
11-9 Exemptions
Part II. Registration
11-11 Registration
11-12 Age; place of registering
11-13 Rules for determining residency
11-14 General county register; restrictions in use
11-14.5 Residence address; confidentiality
11-14.6 Repealed
11-15 Application to register
11-15.5 Duties of all state agencies; voter registration
11-16 Application when not made in person
11-17 Removal of names from register, when; reregistration
11-18 Transfer of registration on removal from one precinct
to another in same county
11-19 Registration from one county to another
11-20 Transfers; name changes; initiated by clerk
11-21 Change of name, transfer on election day
11-22 Changing register; correction of errors
11-23 Changing register; striking names of disqualified
voters
11-24 Closing register; list of voters
11-25 Challenge by voters; grounds; procedure
11-26 Appeal from ruling on challenge; or failure of clerk
to act
Part III. Boards of Registration
11-41 Boards of registration, appointment, tenure
11-42 Compensation
11-43 Powers; procedures
11-44 Records of proceedings
Part IV. Appeal from Board of Registration
11-51 Appeal from board to supreme court
11-52 Hearing; decision final
11-53 Decision, notice; action on
11-54 Status pending appeal
Part V. Parties
11-61 "Political party" defined
11-62 Qualification of political parties; petition
11-63 Party rules, amendments to be filed
11-64 Names of party officers to be filed
11-65 Determination of party disqualification; notice of
disqualification
Part VI. Precinct Officials and Watchers
11-71 Precinct officials; precinct requirements
11-72 Precinct officials; submission of names and
assignment; vacancies
11-73 Instruction of precinct officials
11-74 Meetings of precinct officials; procedure; oaths
11-75 Duties of precinct officials
11-76 Compensation
11-77 Appointment of watchers; service
Part VII. Conduct of Elections
11-91 Proclamation
11-91.5 Federal, state, and county elections by mail
11-92 Repealed
11-92.1 Election proclamation; establishment of a new precinct
11-92.2 Multiple polling place sites
11-92.3 Consolidated precincts; natural disasters;
postponement; absentee voting required; special
elections
11-93 Voting units
11-94 Exemptions of voters on election day
11-95 Employees entitled to leave on election day for voting
11-96 Records prima facie evidence
11-97 Records open to inspection
11-98 Forms and materials used in elections
11-99 Members of Congress, applicability of election laws
Part VIII. Ballots
11-111 Official and facsimile ballots
11-112 Contents of ballot
11-113 Presidential ballots
11-114 Order of offices on ballot
11-115 Arrangement of names on the ballot
11-116 Checking ballot form by candidates and parties
11-117 Withdrawal of candidates; disqualification; death;
notice
11-118 Vacancies; new candidates; insertion of names on
ballots
11-118.5 Constitutional amendments, proposed
11-119 Printing; quantity
11-120 Distribution of ballots; record
Part IX. Voting Procedures
11-131 Hours of voting
11-132 Two hundred foot radius; admission within polling
place
11-133 Voting booths; placement of visual aids
11-134 Ballot transport containers; ballot boxes
11-135 Early collection of ballots
11-136 Poll book, identification, voting
11-137 Secrecy; removal or exhibition of ballot
11-138 Time allowed voters
11-139 Voting assistance
11-140 Spoiled ballots
Part X. Vote Disposition
11-151 Vote count
11-152 Method of counting
11-153 More or less ballots than recorded
11-154 Records, etc.; disposition
11-155 Certification of results of election
11-156 Certificate of election and certificate of results,
form
11-157 In case of tie
Part XI. Election Contests
11-171 Applicability of this part
11-172 Contests for cause; generally
11-173 Repealed
11-173.5 Contests for cause in primary, special primary
elections, and county elections held concurrently
with a regularly scheduled primary or special
primary election
11-174 Repealed
11-174.5 Contests for cause in general, special general,
special, and runoff elections
11-175 Powers of supreme court; costs
11-176 Repealed
Part XII. Expenses
A. Election Expenses
11-181 Capital equipment
11-182 Election expenses when no county elections
11-183 Election expenses when no state elections
11-184 Election expenses and responsibilities in combined
state and county elections
B. Election Campaign Contributions and Expenditures
11-191 Definitions
11-192 Campaign spending commission
11-192.5 Commissioners; political activities
11-193 Duties of the commission
11-194 Registration
11-195 Filing of reports, generally
11-196 Organizational report, candidate's committee
11-196.5 Organizational report, noncandidate committee
11-197 Designated central committee
11-198 Campaign treasurer
11-199 Campaign contributions, generally
11-200 Campaign contributions; restrictions against transfer
11-201 Anonymous contributions; unlawful
11-202 False name
11-203 Fundraisers and fundraising activities
11-204 Campaign contributions; limits as to persons
11-205 Campaign contributions; limits as to political parties
11-205.5 Campaign contributions by state contractors
11-205.6 Campaign contributions; loans
11-206 Campaign contributions; restrictions as to surplus
11-207 Other contributions and expenditures
11-207.5 Late contributions; reports
11-207.6 Electioneering communications
11-208 Voluntary campaign expenditure limitation
11-209 Campaign expenditures; limits as to amounts
11-210 Study and recommendation
11-211 House bulletins
11-212 Preliminary reports
11-213 Final and supplemental reports
11-214 Disposition of funds
11-215 Advertising
11-216 Complaints, investigation, and notice; determination
11-217 Hawaii election campaign fund; creation
11-217.5 Depletion of fund
11-218 Candidate funding; amounts available
11-219 Qualifying campaign contributions; amounts
11-220 Eligibility for payments
11-221 Entitlement to payments
11-222 Candidate funding; application
11-223 Candidate funding; restrictions
11-224 Public funds; report required; return of funds
11-225 Public funds; examination and audit; payments
11-226 Tax deductions
11-227 Public notices
11-228 Administrative fines; relief
11-229 Criminal prosecution
Attorney General Opinions
County charter providing for nonpartisan election of prosecutor does not conflict with this chapter. Att. Gen. Op. 85-7.
CHAPTER 12 [OLD]
CONDUCT OF GENERAL ELECTIONS
REPEALED. L 1970, c 26, §3.
CHAPTER 12 [NEW]
PRIMARY ELECTIONS
Part I. Nomination; Determination of Candidates
Section
12-1 Application of chapter
12-1.5 Repealed
12-2 Primary held when; candidates only those nominated
12-2.5 Nomination papers; when available
12-3 Nomination paper; format; limitations
12-4 Nomination papers; qualifications of signers
12-5 Nomination papers: number of signers
12-6 Nomination papers: time for filing; fees
12-7 Filing of oath
12-8 Nomination papers; challenge; evidentiary hearings and
decisions
12-9 List of candidates
Part II. Ballots
12-21 Official party ballots
12-22, 23 Repealed
Part III. Ballot Selection
12-31 Selection of party ballot; voting
Part IV. Election Results
12-41 Result of election
12-42 Unopposed candidates declared elected
Attorney General Opinions
County charter providing for nonpartisan election of prosecutor does not conflict with this chapter. Att. Gen. Op. 85-7.
Law Journals and Reviews
Burdick v. Takushi: Yes to Equal Voice in Voting, No to a Fundamental Right to Vote for Any Particular Candidate. 14 UH L. Rev. 715.
Case Notes
State's prohibition on write-in voting as part of electoral scheme providing constitutionally sufficient ballot access, does not impose unconstitutional burden on voters' rights under First and Fourteenth Amendments. 504 U.S. 428.
CHAPTER 13 [OLD]
CONDUCT OF PRIMARY ELECTIONS
REPEALED. L 1970, c 26, §3.
CHAPTER 13 [NEW]
BOARD OF EDUCATION
Section
13-1 Board members; number
13-1.1 Reapportionment
13-2 Qualifications
13-3 Election of members
13-4 Board members; term, vacancies
13-5 Board members; term, vacancies
[CHAPTER 13D]
BOARD OF TRUSTEES, OFFICE OF HAWAIIAN AFFAIRS
Section
13D-1 Board of trustees; number; composition
13D-2 Qualifications of board members
13D-3 Qualifications of voters; registration
13D-4 Election of board members
13D-5 Term of office; vacancies
CHAPTER 14 [OLD]
ABSENTEE VOTING
REPEALED. L 1970, c 26, §3.
CHAPTER 14 [NEW]
PRESIDENTIAL ELECTIONS
Part I. Presidential Short Ballot
Section
14-1 to 10 Repealed
Part II. Presidential Electors
14-21 Nomination of presidential electors and alternates;
certification; notification of nominees
14-22 Contested nominations of presidential electors and
alternates
14-23 Time for election, number to be chosen
14-24 Certificate of election, notice of meeting
14-25 Duties of the governor
14-26 Assembly of electors at state capital; time
14-27 Filling vacancies of presidential electors
14-28 Convening and voting for president and vice president;
party vote
14-29 Naming persons voted for in ballots, separate ballots
14-30 Lists of persons voted for and number of votes,
certification, transmission to president of the senate
14-31 Compensation and mileage of electors, amounts
CHAPTER 15 [OLD]
VOTING MACHINES
REPEALED. L 1970, c 26, §3.
CHAPTER 15 [OLD]
ABSENTEE VOTING
REPEALED. L 1975, c 36, pt of §3.
CHAPTER 15 [NEW]
ABSENTEE VOTING
Section
15-1 Definitions
15-2 Who may vote by absentee ballot
15-2.5 Absentee voting in precinct affected by natural
disasters
15-3 Absentee ballot for presidential election
15-3.5 Federal write-in absentee ballot
15-4 Request for absentee ballot
15-5 Delivery of ballots
15-6 Return envelope, ballot envelope; instructions
15-6.5 Absentee postage
15-7 Absentee polling place
15-8 Absentee ballot box
15-9 Return and receipt of absentee ballots
15-10 Counting of absentee ballots
15-11 Voting by absentee voter at polls prohibited
15-12 Receipt and disposition of late absentee ballots
15-13 Death of voter prior to opening of polls
15-14 Ballots; where voting machines are used
Case Notes
Hawaiian absentee ballot statute and regulations adequately protect the secrecy and integrity of the ballot process. 849 F.2d 1176.
CHAPTER 15A
VOTING BY MAILING BALLOT
REPEALED. L 1975, c 36, §4.
CHAPTER 16 [OLD]
PRESIDENTIAL ELECTORS
REPEALED. L 1970, c 26, §3.
CHAPTER 16 [NEW]
VOTING SYSTEMS
Part I. General Provisions
Section
16-1 Voting systems authorized
16-2 Voting system requirements
16-3 Election services, provisions, and charges
Part II. Voting Machine System
16-11 Definitions
16-12 Voting machines; requirements
Part III. Paper Ballot Voting System
16-21 Definition
16-22 Marking
16-23 Paper ballot; voting
16-24 Count, public
16-25 Order and method of counting
16-26 Questionable ballots
16-27 Number of blank and questionable ballots; record of
16-28 Declaration of results
16-29 Tally sheets
Part IV. Electronic Voting System
16-41 Definitions
16-42 Electronic voting requirements
16-43 Ballot handling
16-44 Counting center employees
16-45 Official observers
16-46 Counting defective ballots
16-47 Preparation of absentee ballots
CHAPTER 16A
UNIFORM ACT FOR VOTING BY NEW RESIDENTS IN
PRESIDENTIAL ELECTIONS
REPEALED. L 1970, c 26, §3.
CHAPTER 17 [OLD]
VACANCIES
REPEALED. L 1970, c 26, §3.
CHAPTER 17 [NEW]
VACANCIES
Section
17-1 United States senator
17-2 United States representative
17-3 State senator
17-4 State representatives
17-5 Repealed
17-6 Board of education members
17-7 Board of trustees, office of Hawaiian affairs
CHAPTER 18 [OLD]
ELECTION OFFENSES
REPEALED. L 1970, c 26, §3.
CHAPTER 18 [NEW]
DISTRICTING
REPEALED. L 1984, c 65, §1.
CHAPTER 19
ELECTION OFFENSE
Section
19-1 Classes of offenses
19-2 Repealed
19-3 Election frauds
19-3.5 Voter fraud
19-4 Penalties; disqualification for, removal from office;
reports of convictions to chief election officer
19-5 Repealed
19-6 Misdemeanors
19-7 to 9 Repealed
Cross References
Campaign violation penalties, see §11-228.
TITLE 3. LEGISLATURE
Chapter
21 Legislative Hearings and Procedure
21D Access/Legislative Information Service
21E Joint Legislative Management Committee
21F Legislative Fiscal and Budget Analysis
21G Public Access
22 Presiding Officers, Clerks, and Staff
23 Auditor
23G Office of the Legislative Reference Bureau
24 Allowance and Salary for Legislators
25 Reapportionment
Note
Workforce restructuring: special retirement incentive benefit (repealed June 30, 2008). L 2000, c 253, §§115, 122; L 2002, c 131, §2.
Cross References
Uniform electronic transactions act, see chapter 489E.
CHAPTER 21 [OLD]
LEGISLATIVE HEARINGS AND PROCEDURE
REPEALED. L 1969, c 211, §1.
CHAPTER 21 [NEW]
LEGISLATIVE HEARINGS AND PROCEDURE
Section
21-1 Purpose
21-2 Definitions
21-3 Establishment of investigating committees by
legislature
21-4 Adoption of rules
21-5 Finances and staff
21-6 Membership, quorum, voting
21-7 Hearings
21-8 Issuance of subpoenas
21-9 Notice to witnesses
21-10 Conduct of hearings
21-11 Right to counsel and submission of questions
21-12 Testimony
21-13 Interested persons
21-14 Contempt
21-15 Penalties
21-16 Government officer and employees to cooperate
21-17 Sergeants-at-arms; powers and duties
21-18 Same; badge
21-19 Limitations
CHAPTER 21D
ACCESS/LEGISLATIVE INFORMATION SERVICE
Section
21D-1 Definitions
21D-2 Purpose
21D-3 Warranty; limitation of liability
21D-4 Rights to data and system software
21D-5 Hawaii legislative publications special fund;
established
21D-6 Joint legislative access committee
[CHAPTER 21E]
JOINT LEGISLATIVE MANAGEMENT COMMITTEE
Section
21E-1 Definitions
21E-2 Establishment of the joint legislative management
committee; members; terms; vacancies
21E-3 Meetings and attendance of quorum
21E-4 Powers and duties
[CHAPTER 21F]
LEGISLATIVE FISCAL AND BUDGET ANALYSIS
Section
21F-1 Purpose
21F-2 Definitions
21F-3 Joint legislative budget committee established; purpose
21F-4 Selection of members; co-chairpersons; filling
vacancies
21F-5 Rules
21F-6 Office of the legislative analyst established
21F-7 General purposes of analyst
21F-8 Agencies to cooperate
Note
Privatization; contracting of government services with the private sector (repealed June 30, 2007). L 2001, c 90, §2.
CHAPTER 21G
PUBLIC ACCESS
Section
21G-1 Purpose
21G-2 Public access room established
21G-3 Legislative broadcast program established
CHAPTER 22
PRESIDING OFFICERS, CLERKS, AND STAFF
Section
22-1 Presiding officer, tenure
22-2 Succession to presiding office of senate and house of
representatives
22-3 Clerk, tenure
22-4 Permanent staffing
22-5 Payment of legislative bills and accounts
22-6 Notice of proposed constitutional amendments
CHAPTER 23
AUDITOR
Part I. Office of Auditor Proper
Section
23-1 Definition
23-2 Auditor; appointment, tenure, removal
23-2.5 Acting auditor
23-3 Salary of the auditor and appropriations
23-3.5 Reimbursement moneys for financial audits
23-3.6 Audit revolving fund
23-4 Duties
23-5 Auditor; powers
23-6 Examination under oath
23-7 Discovery of irregularities
23-8 Assistance and staff
23-9 Reports
23-9.5 Confidentiality
23-10 Penalty for violation and false evidence
23-11 New special or revolving funds
23-12 Review of revolving and trust funds
23-13 Hawaii tourism authority; audit
Part II. Legislative Scientific Advisory Committee
23-21 to 27 Repealed
Part III. Legislative Economic Advisory Council
23-41 to 47 Repealed
Part IV. Social and Financial Assessment of Proposed
Mandatory Health Insurance Coverage
23-51 Proposed mandatory health insurance coverage; impact
assessment report
23-52 Assessment report; contents
Part V. Legislative Advisory Committee
23-61 Purpose
23-62 Definition
23-63 Establishment
23-64 Composition; appointment
23-65 Term of appointment
23-66 Powers and duties
23-67 Expenses
CHAPTER 23G
OFFICE OF THE LEGISLATIVE REFERENCE BUREAU
Part I. Office Generally
Section
23G-1 Legislative reference bureau; director, appointment,
tenure, removal, compensation, vacancy
23G-2 Assistant; staff
23G-3 General purposes of bureau
23G-4 Prohibitions
23G-5 Annual and other reports to be submitted to
legislature; tracking, monitoring, reporting,
coordination
Part II. Statute Revision and Publication
23G-11 Revisor of statutes
23G-12 Duties
23G-13 Publishing of session laws
23G-14 Publication of supplements
23G-15 Supplements and replacement volumes; extent of
revision; prima facie the law
23G-16 Publication of replacement volumes
23G-16.5 Printing of acts to be included in publications
23G-17 Printing; contracts
23G-18 Sale and distribution
23G-19 Review of annotations
23G-20 Continuous statutory revision
CHAPTER 24
ALLOWANCE AND SALARY FOR LEGISLATORS
Section
24-1 Allowance for incidental expenses
24-1.5 Payment of legislative salaries
24-2 Allowance for non-Oahu legislator during session
24-3 Allowance for expenses while traveling on official
legislative business during a session within the State
24-4 Allowance for expenses while on official legislative
business during period of recess and interim official
legislative business
24-5 Allowance for expenses while traveling on official
legislative business without the State
24-6 Travel expenses
24-7 Legislative contingency funds
24-8 Appropriation and payment
Note
Chapter heading amended by L 1984, c 171, §1(2).
CHAPTER 25
[REAPPORTIONMENT]
Section
25-1 Reapportionment commission
25-2 Duties
25-3 Powers
25-4 Penalty for violation and false evidence
25-5 Compensation
25-6 Cooperation
25-7 Apportionment advisory councils
25-8 Records, reports
25-9 Commission; continuance after challenge of plan
Note
For the 1991 Reapportionment Plan, see the Report and Reapportionment Plan of the 1991 Reapportionment Commission, submitted to the Lieutenant Governor, State of Hawaii.
Law Journals and Reviews
A History of Recent Reapportionment in Hawaii. 22 HBJ 171.
TITLE 4. STATE ORGANIZATION AND
ADMINISTRATION, GENERALLY
Chapter
26 Executive and Administrative Departments
26H Hawaii Regulatory Licensing Reform Act
27 State Functions and Responsibilities
27C State Information Service
28 Attorney General
29 Federal Aid
30 Gubernatorial Transition
CHAPTER 26
EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS
Part I. Organization, Generally
Section
26-1 Office of the lieutenant governor
26-2 Order of succession to offices of governor and
lieutenant governor
26-3 Position of administrative director created
26-4 Structure of government
26-5 Department of human resources development
26-6 Department of accounting and general services
26-7 Department of the attorney general
26-8 Department of budget and finance
26-9 Department of commerce and consumer affairs
26-10 Department of taxation
26-11 University of Hawaii
26-12 Department of education
26-13 Department of health
26-14 Department of human services
26-14.5 Repealed
26-14.6 Department of public safety
26-15 Department of land and natural resources
26-16 Department of agriculture
26-17 Department of Hawaiian home lands
26-18 Department of business, economic development, and
tourism
26-19 Department of transportation
26-20 Department of labor and industrial relations
26-21 Department of defense
26-22 Transfer of functions
26-23 Assignment of functions
26-24 Agencies and offices abolished
26-25 Services to the judiciary and legislature
Part II. Other General Provisions
26-31 Selection and terms of single executives as heads of
departments
26-32 Acting heads of departments; appointment of;
responsibility for acts of
26-33 Performance of duties of vacant office
26-34 Selection and terms of members of boards and
commissions
26-35 Administrative supervision of boards and commissions
26-35.5 Members of boards and commissions; immunity from or
indemnification for civil liability; defense of
members
26-36 Acting members of boards
26-37 Substitutes for officials called into active service
26-38 Powers and duties of heads of departments
26-39 Department staffs
26-40 Repealed
26-41 Temporary boards and commissions
Part III. Salaries, Certain State Officers
26-51 Governor; lieutenant governor
26-52 Department heads and executive officers
26-53 Deputies or assistants to department heads
26-54 Administrative director of the State
26-55 Executive salary commission
Note
Privatization; contracting of government services with the private sector (repealed June 30, 2007). L 2001, c 90, §2.
Workforce restructuring: special retirement incentive benefit (repealed June 30, 2008). L 2000, c 253, §§115 to 124; L 2002, c 131, §2.
Cross References
Uniform electronic transactions act, see chapter 489E.
CHAPTER 26H
HAWAII REGULATORY LICENSING REFORM ACT
Section
26H‑1 Title
26H‑2 Policy
26H‑2.5 Impact of inclusion
26H‑3 Definitions
26H‑4 Repeal dates for newly enacted professional and
vocational regulatory programs
26H‑5 Evaluation; report
26H‑6 New regulatory measures
26H‑7 Repeal of subsections
26H‑8 Repealed
CHAPTER 27
STATE FUNCTIONS AND RESPONSIBILITIES
Part I. General Provisions
Section
27-1 Functions of statewide concern
27-2 Assignment of functions by governor; report
27-3 Rights and powers transferred; bond obligations
27-4 Offenses and penalties not affected; suits and actions
27-5 Modification to preserve federal aid or bond
obligations
27-6 Extended state information and services provided
Part II. Schools
27-11 Planning, construction, and improvements of public
school facilities and grounds; custodial and janitorial
services for public schools; transportation of school
children
27-12, 13 Repealed
27-14 Transfer of real property
27-15 Repealed
Part III. Health
27-21, 21.1 Repealed
27-21.2, 21.3 Repealed
27-21.4 Transfer of real property
27-21.5 Repealed
27-21.6 Functions reassigned to the counties
27-22 Repealed
27-22.5 Repealed
27-22.7 Repealed
27-23 Repealed
27-24 Repealed
Part IV. Junior Police
27-26 Junior police officer training programs
Part V. Highways; Parks; Historical Sites
27-31 Maintenance of state highways
27-32 Maintenance of state parks
Part VI. Review
27-36 Repealed
Part VII. Technology
27-41 Special advisor for technology development
27-42 Governor's special advisory council for technology
development; establishment; appointment, number, and
term of members; duties
Part VIII. Hawaii Performance Partnerships Board
27-51 Hawaii performance partnerships board; establishment
27-52 Duties of the board
27-53 Annual report
27-54 Data collection relating to the well-being of Hawaii's
children and families
Cross References
Uniform electronic transactions act, see chapter 489E.
CHAPTER 27C
[STATE INFORMATION SERVICE]
Section
27C-1 Purpose
27C-2 State information service, functions
Revision Note
Chapter heading amended by revisor.
Cross References
ACCESS/legislative information service, see chapter 21D.
Uniform information practices act (modified), see chapter 92F.
CHAPTER 28
ATTORNEY GENERAL
Part I. Department, Generally
Section
28-1 Appears for State
28-2 Prosecutes offenders, enforces bonds
28-2.5 Investigations
28-3 Gives opinions
28-4 Advises public officers
28-5 Aids poor
28-5.1 Repealed
28-6 No fee; not to act as attorney
28-7 Accounts
28-7.5 Administrative services manager; appointment and duties
28-8 First deputy attorney general; other deputies
28-8.3 Employment of attorneys
28-8.5 Special assistant to the attorney general; appointment
and duties; secretary
28-9 Additional deputies for acquisition of rights-of-way
28-10 Prohibition on private practice of law by the attorney
general, first deputy, and other deputies
28-10.5 Criminal and juvenile justice resource coordination;
administrator and staff
28-10.6 Crime research, prevention, and education;
administrator and staff
28-10.7 Repealed
28-10.8 Rules
28-11 Investigators; appointment and powers
28-11.5 Repealed
28-12 Seal of department
28-13 Antitrust trust fund
28-14 Repealed
28-15 Tobacco enforcement special fund
28-16 Litigation deposits trust fund
Part II. Sheriff
28-21 to 28 Repealed
Part III. Civil Identification
28-31 to 49 Repealed
Part IV. Crime Statistics
28-51 to 56 Repealed
Part V. Organized Crime Unit
28-71 Organized crime unit
Part VI. Medicaid Fraud Unit
28-91 Medicaid fraud unit
28-91.5 Medicaid investigations recovery fund; established
28-94 Dependent elder abuse; suits by the State; civil
penalties
Part VII. Witness Security
28-101 Witness security and protection
28-111 Victim-witness assistance program
Part VIII. Hawaii State Clearinghouse for Missing
Children
28-121 Hawaii state clearinghouse for missing children;
programs
28-122 to 124 Repealed
Part IX. Drug Nuisance Abatement Unit
28-131 Drug nuisance abatement unit
CHAPTER 29
FEDERAL AID
Part I. Coordinator
Section
29-1 Establishment of office
29-2 Powers and duties
29-3 Appropriations
Part II. General Provisions
29-11 Definitions
29-12 Duties of attorney general, director of finance
29-13 Governor may accept federal acts
29-14 Boards, etc., may accept funds, comply with federal
acts
29-15 Conflict between federal and state requirements
29-15.5 Indemnification of federal agencies
29-16 Treasury as depository; duties of comptroller
29-17 to 23 Repealed
29-24 Interagency federal revenue maximization revolving
fund
29-25 Department of education; federal funds; general
fund offset
Cross References
Hawaii performance partnerships board, see §§27-51 to 27-54.
[CHAPTER 30]
GUBERNATORIAL TRANSITION
Section
30-1 Declaration of purpose
30-2 Definition
30-3 Expenditures authorized; limitations
30-4 Duties of outgoing governor
30-5 Budgetary information to be given governor-elect
30-6 Budget request
TITLE 5. STATE FINANCIAL
ADMINISTRATION
Chapter
36 Management of State Funds
37 Budget
37D Management of Financing Agreements
38 Deposits of Public Funds
39 State Bonds
39A Special Purpose Revenue Bonds
39B Allocation of Private Activity Bonds
40 Audit and Accounting
41 State Insurance Administration--Repealed
41D State Risk Management and Insurance Administration
42 Grants, Subsidies, and Purchases of Service--Repealed
42D Grants, Subsidies, and Purchases of Service--Repealed
42F Grants and Subsidies
Note
Privatization; contracting of government services with the private sector (repealed June 30, 2007). L 2001, c 90, §2.
Cross References
Hawaii performance partnerships board, see §§27-51 to 27-54.
CHAPTER 36
MANAGEMENT OF STATE FUNDS
Part I. Administration
Section
36-1 Responsibility for moneys
36-2 Keep full records
36-3 Fiscal agents
36-4 Instruct subordinates
36-5 Responsibility for drafts on treasury
36-6 Report to legislature
36-7 Director's certificates, evidence
36-8 Director may administer oaths
Part II. Investments; Transfers
36-21 Short-term investment of state moneys
36-22 Loans for federal-aid projects
36-23 Purchase of county bonds
36-24 Loans to state and county agencies
36-25 Transfers to loan fund; interest
36-26 Transfer of unrequired funds for redemption of serial
bonds
36-27 Transfers from special funds for central service
expenses
36-28 Transfers from state highway fund for central service
expenses
36-28.5 Transfer from airport revenue fund
36-29 Transfer from harbor special fund
36-29.5 Transfer from boating special fund
36-30 Special fund reimbursements for departmental
administrative expenses
36-31 Transfers from special funds, limited or suspended,
when
36-32 State educational facilities improvement special fund
36-35 State educational facilities repair and maintenance
account
36-36 School physical plant operations and maintenance
account; maintenance schedule
36-41 Energy retrofit and performance contracting for public
facilities
Cross References
Special and revolving fund reviews, see §§23‑11 and 23‑12.
CHAPTER 37
BUDGET
Part I. Preparation of Budget
Section
37-1 to 14 Repealed
Part II. Allotment System
37-31 Intent and policy
37-32 Quarterly allotment periods
37-33 Funds to which allotment system applies
37-34 Appropriations available for allotment; estimate of
expenses
37-34.5 Department of education; allotment and expenditure
plan; updates
37-34.6, 34.7 Repealed
37-35 Estimated expenditures; approval
37-36 Modification
37-37 Reduction
37-38 Allotment according to classification prescribed in
appropriation
37-39 Reduction of allotted amounts for objects and items
37-40 Exceptions; trust funds
37-41 Appropriations to revert to state treasury; exceptions
37-41.5 Department of education; carryover of funds
37-42 Allotment as limit of expenditures; liability for
excessive expenditure
37-43 Capital improvement project allotment process
37-44, 45 Repealed
37-46 Transfers of non-general funds to the general funds
37-47 Reporting of non-general fund information
Part III. Budgetary Control of Special Funds
37-51 Abolition of special funds; legislative purpose
37-52 Provisions applicable to special funds
37-52.3 Criteria for the establishment and continuance of
special funds
37-52.4 Criteria for the establishment and continuance of
revolving funds
37-52.5 Criteria for the establishment and continuance of
administratively established accounts and funds
37-53 Transfer of special funds
37-54 Deposit of state funds in treasury
Part IV. The Executive Budget
37-61 Short title
37-62 Definitions
37-63 Statement of policy
37-64 Governing principles
37-65 Responsibilities of the governor
37-66 Responsibilities of the legislature
37-67 Responsibilities of the department of budget and
finance
37-68 Responsibilities of agencies
37-69 The six-year program and financial plan
37-70 Program memoranda
37-71 The budget
37-72 Supplemental budget
37-73 Legislative review
37-74 Program execution
37-75 Variance report
37-76 Publication
37-77 Claims for legislative relief
37-77.5 Claims against the State; remedial measures
37-78 Schedule of implementation
Part V. General Fund Expenditure Ceiling
37-91 Definitions
37-92 Proposed general fund appropriations; executive
branch; judicial branch
37-93 Legislature
37-94 Director of finance; duties
Part VI. Council on Revenues
37-111 Council on revenues
37-112 Use of estimates
37-113 Repealed
37-113.1 Council on revenues; estimate of total personal income
Attorney General Opinions
Common law principle authorizing recipient government agencies to accept and use gifts in accordance with donor's terms, provided terms are not illegal, has been incorporated in chapter's provisions governing trust funds. Att. Gen. Op. 92‑04.
CHAPTER 37D
MANAGEMENT OF FINANCING AGREEMENTS
Section
37D-1 Definitions
37D-2 Financing agreements
37D-3 Related agreements
37D-4 Inclusion of budget request
37D-5 Financing agreements not a general obligation of State
37D-6 Federal tax-exempt status; preference; protection
37D-7 Financing agreements legal investments
37D-8 Exemption from taxation
37D-9 Line of credit
37D-10 Litigation; jurisdiction; appeal
Note
Chapter heading amended by L 2001, c 200, pt of §3.
Case Notes
Financing agreements entered into in accordance with this chapter are not bonds as that term is used in article VII, §12 of Hawaii constitution and thus do not count toward the debt ceiling of article VII, §13. 85 H. 1, 936 P.2d 637.
CHAPTER 38
DEPOSITS OF PUBLIC FUNDS
Section
38-1 Definitions
38-2 Authorized; conditions
38-3 Securities for protection of funds deposited
38-4 Provisions of depository contracts
38-5 Indemnity bond from depository
38-6 Certificates of deposit, deposit receipts
38-7 Responsibility of director
38-8 Additional responsibility
38-9 Repealed
38-10 Interest on loan funds
Note
Chapter heading amended by L 1970, c 51, §1.
Cross References
Establishment and management of federal funds outside of the state treasury for federal housing programs, see §201G-15.5.
CHAPTER 39
STATE BONDS
Part I. General Obligation Bonds
Section
39-1 Authorization to issue; amount
39-2 Application of proceeds
39-3 Allotments; appropriations
39-4 Details of bonds
39-5 Sale of bonds
39-6 Premiums to general fund
39-7 Form and execution of bonds
39-8 Same, signatures
39-9 CUSIP numbers
39-10 Support facility for variable rate bonds
39-11 Bonds tax exempt; first charge on general fund
39-12 Payment, principal and interest
39-13 Fiscal and paying agents and registrars
39-14 Federal tax exempt status; preference; protection
39-15 Bond anticipation notes
39-16 Refunding bonds authorized
39-17 Validation of proceedings
39-18 Bonds negotiable, incontestable
39-19 Aviation fuel tax, pledge
Part II. Lost, Stolen, Destroyed, or Defaced
Bonds and Coupons
39-31 Duplicates
39-32 Payment to be made
39-33 Method of issuance and payment
39-34 Disputed ownership
Part III. Revenue Bonds
39-51 Definitions
39-52 Declaration of policy
39-53 Additional powers of departments
39-54 Authorization of revenue bonds; details of revenue
bonds
39-55 Sale of revenue bonds
39-56 Form and execution of revenue bonds
39-57 Same, signatures
39-58 CUSIP numbers
39-59 Support facility for variable rate revenue bonds
39-60 Covenants in resolution or certificate authorizing
issuance of revenue bonds
39-61 Rates, rentals, fees, and charges; undertakings and
loan programs to be self-sustaining
39-62 Use of revenue and user taxes by any undertaking, loan
program, or the Hawaii hurricane relief fund
39-63 Lien and charge of revenue bonds
39-64 Revenue bonds not a general or moral obligation of
State
39-65 Undertaking, loan program, and revenue bonds exempt
from taxation
39-66 Federal tax-exempt status; preference; protection
39-67 Revenue bonds legal investments
39-68 Duties of the director
39-69 Investment of reserves, etc.
39-70 Bond anticipation notes
39-71 Refunding revenue obligations
39-72 Transfers to department
39-73 Consent of governmental agencies
39-74 General laws applicable
39-75 Construction
39-76 Validation of proceedings
Part IV. State Debt Limit Statement and the
Determination of Total Outstanding
Indebtedness, the Exclusions Therefrom, and
Certification Thereof
39-91 Definitions
39-92 State debt limit statement
39-93 Statement of total outstanding indebtedness of the
State and the exclusions permitted therefrom
39-94 Arrangement of statements and schedules and forms;
incorporation
Part V. Statement on Special Purpose Revenue
Bonds
39-101 Renumbered
Part VI. Legislative Determination and Legislative
Certification as to Bonds Issued for
Assessable Improvements
39-111 Legislative determination
39-112 Legislative certification as to bonds issued for
assessable improvements
Part VII. General Provisions
39-151 Compound interest bond reserve fund
PART VIII. SECURITY INTERESTS
39-161 Definitions
39-162 Perfection of a security interest
39-163 Priority of a security interest
39-164 Enforcement of a security interest
CHAPTER 39A
SPECIAL PURPOSE REVENUE BONDS
Part I. General Provisions
Section
39A-1 Statement on special purpose revenue bonds
Part II. Assisting Not-for-Profit Corporations that
Provide Health Care Facilities to the
General Public
39A-31 Definitions
39A-32 Department powers as to health care facilities
39A-33 Compliance with state and local law
39A-34 Conditions precedent to negotiating and entering into
a project agreement
39A-35 Project agreement
39A-36 Issuance of special purpose revenue bonds to finance
projects
39A-37 Authorization of special purpose revenue bonds
39A-38 Special purpose revenue bond anticipation notes
39A-39 Powers with respect to and security for special
purpose revenue bonds
39A-40 Security for special purpose revenue bonds
39A-41 Special purpose revenue bonds not a general obligation
of State
39A-42 Validity of special purpose revenue bonds
39A-43 Use of revenues derived from project agreement
39A-44 Special purpose revenue bonds exempt from taxation
39A-44.5 Federal tax exempt status
39A-45 Exemption from taxation of department property
39A-46 Refunding special purpose revenue bonds
39A-47 Status of special purpose revenue bonds under Uniform
Commercial Code
39A-48 Special purpose revenue bonds as legal investments and
lawful security
39A-49 Access to and public disclosure of financial records
of project party
39A-50 Estimate of benefits
39A-51 Construction of this part
39A-52 Repealed
Part III. Assisting Manufacturing Enterprises
39A-71 Definitions
39A-72 Department powers as to manufacturing enterprises
39A-73 Compliance with state and local law
39A-74 Conditions precedent to negotiating and entering into
a project agreement
39A-75 Project agreement
39A-76 Issuance of special purpose revenue bonds to finance
projects
39A-77 Authorization of special purpose revenue bonds
39A-78 Special purpose revenue bond anticipation notes
39A-79 Powers with respect to and security for special
purpose revenue bonds
39A-80 Security for special purpose revenue bonds
39A-81 Special purpose revenue bonds not a general obligation
of State
39A-82 Validity of special purpose revenue bonds
39A-83 Use of revenues derived from project agreement
39A-84 Special purpose revenue bonds exempt from taxation
39A-84.5 Federal tax exempt status
39A-85 Exemption from taxation of department property
39A-86 Refunding special purpose revenue bonds
39A-87 Status of special purpose revenue bonds under Uniform
Commercial Code
39A-88 Special purpose revenue bonds as legal investments and
lawful security
39A-89 Access to and public disclosure of financial records
of project party
39A-90 Estimate of benefits
39A-91 Construction of this part
Part IV. Assisting Processing Enterprises
39A-111 Definitions
39A-112 Department powers as to processing enterprises
39A-113 Compliance with state and local law
39A-114 Conditions precedent to negotiating and entering into
a project agreement
39A-115 Project agreement
39A-116 Issuance of special purpose revenue bonds to finance
projects
39A-117 Authorization of special purpose revenue bonds
39A-118 Special purpose revenue bond anticipation notes
39A-119 Powers with respect to and security for special
purpose revenue bonds
39A-120 Security for special purpose revenue bonds
39A-121 Special purpose revenue bonds not a general obligation
of State
39A-122 Validity of special purpose revenue bonds
39A-123 Use of revenues derived from project agreement
39A-124 Special purpose revenue bonds exempt from taxation
39A-124.5 Federal tax exempt status
39A-125 Exemption from taxation of department property
39A-126 Refunding special purpose revenue bonds
39A-127 Status of special purpose revenue bonds under Uniform
Commercial Code
39A-128 Special purpose revenue bonds as legal investments and
lawful security
39A-129 Access to and public disclosure of financial records
of project party
39A-130 Estimate of benefits
39A-131 Construction of this part
Part V. Assisting Industrial Enterprises
39A-151 Definitions
39A-152 Department powers as to industrial enterprises
39A-153 Compliance with state and local law
39A-154 Conditions precedent to negotiating and entering into
a project agreement
39A-155 Project agreement
39A-156 Issuance of special purpose revenue bonds to finance
projects
39A-157 Authorization of special purpose revenue bonds
39A-158 Special purpose revenue bond anticipation notes
39A-159 Powers with respect to and security for special
purpose revenue bonds
39A-160 Security for special purpose revenue bonds
39A-161 Special purpose revenue bonds not a general obligation
of State
39A-162 Validity of special purpose revenue bonds
39A-163 Use of revenues derived from project agreement
39A-164 Special purpose revenue bonds exempt from taxation
39A-164.5 Federal tax exempt status
39A-165 Exemption from taxation of department property
39A-166 Refunding special purpose revenue bonds
39A-167 Status of special purpose revenue bonds under the
Uniform Commercial Code
39A-168 Special purpose revenue bonds as legal investments and
lawful security
39A-169 Access to and public disclosure of financial records
of project party
39A-170 Estimate of benefits
39A-171 Construction of this part
Part VI. Assisting Utilities Serving the General Public
in Providing Electric Energy or Gas
39A-191 Definitions
39A-192 Department powers as to energy projects
39A-193 Compliance with state and local law
39A-194 Conditions precedent to negotiating and entering into
a project agreement
39A-195 Project agreement
39A-196 Issuance of special purpose revenue bonds to finance
energy projects
39A-197 Authorization of special purpose revenue bonds
39A-198 Special purpose revenue bond anticipation notes
39A-199 Powers with respect to and security for special
purpose revenue bonds
39A-200 Security for special purpose revenue bonds
39A-201 Special purpose revenue bonds not a general obligation
of the State
39A-202 Validity of special purpose revenue bonds
39A-203 Use of revenues derived from project agreement
39A-204 Special purpose revenue bonds exempt from taxation
39A-204.5 Federal tax exempt status
39A-205 Exemption from taxation of department property
39A-206 Refunding special purpose revenue bonds
39A-207 Status of special purpose revenue bonds under Uniform
Commercial Code
39A-208 Treatment of special purpose revenue bonds in
regulatory proceedings
39A-209 Special purpose revenue bonds as legal investments
and lawful security
39A-210 Construction of this part
39A-211 Repealed
Part VII. Assisting Not-for-Profit Corporations
that Provide Early Childhood Education and
Care Facilities Serving the General Public
39A-221 Definitions
39A-222 Department powers as to early childhood education and
care facilities
39A-223 Compliance with state and local law
39A-224 Conditions precedent to negotiating and entering into
a project agreement
39A-225 Project agreement
39A-226 Issuance of special purpose revenue bonds to finance
projects
39A-227 Authorization of special purpose revenue bonds
39A-228 Special purpose revenue bond anticipation notes
39A-229 Powers with respect to and security for special
purpose revenue bonds
39A-230 Security for special purpose revenue bonds
39A-231 Special purpose revenue bonds not a general obligation
of the State
39A-232 Validity of special purpose revenue bonds
39A-233 Use of revenues derived from project agreement
39A-234 Special purpose revenue bonds exempt from taxation
39A-235 Exemption from taxation of department property
39A-236 Refunding special purpose revenue bonds
39A-237 Status of special purpose revenue bonds under Uniform
Commercial Code
39A-238 Special purpose revenue bonds as legal investments and
lawful security
39A-239 Access to and public disclosure of financial records
of project party
39A-240 Estimate of benefits
39A-241 Construction of this part
39A-242 Sunset provision
Part VIII. Assisting Not-for-Profit Private Nonsectarian
and Sectarian Elementary Schools, Secondary
Schools, Colleges, and Universities Serving
the General Public
39A-251 Definitions
39A-252 Department powers as to private nonsectarian and
sectarian elementary schools, secondary schools,
colleges, and universities
39A-253 Compliance with state and local law
39A-254 Conditions precedent to negotiating and entering into a
project agreement
39A-255 Project agreement
39A-256 Issuance of special purpose revenue bonds to finance
projects
39A-257 Authorization of special purpose revenue bonds
39A-258 Special purpose revenue bond anticipation notes
39A-259 Powers with respect to and security for special purpose
revenue bonds
39A-260 Security for special purpose revenue bonds
39A-261 Special purpose revenue bonds not a general obligation
of the State
39A-262 Validity of special purpose revenue bonds
39A-263 Use of revenues derived from project agreement
39A-264 Special purpose revenue bonds exempt from taxation
39A-265 Federal tax-exempt status
39A-266 Exemption from taxation of department property
39A-267 Refunding special purpose revenue bonds
39A-268 Status of special purpose revenue bonds under Uniform
Commercial Code
39A-269 Special purpose revenue bonds as legal investments and
lawful security
39A-270 Access to and public disclosure of financial records of
project party
39A-271 Estimate of benefits
39A-272 Construction of this part
CHAPTER 39B
ALLOCATION OF PRIVATE ACTIVITY BONDS
Section
39B‑1 Definitions
39B‑2 Allocation of annual state ceiling
39B‑3 Application of allocation
39B‑4 Report of unused allocation; reversion to State
Revision Note
This chapter was originally assigned to chapter 39A but renumbered pursuant to §23G‑15(1).
CHAPTER 40
AUDIT AND ACCOUNTING
Part I. Comptroller; Powers and Duties
Section
40-1 Comptroller to supervise accounts, etc.
40-2 Accounting systems and internal control; enforcing the
use of and inspection of the same
40-3 Bookkeeping
40-4 Publication of statements
40-5 Annual reports
40-6 Approval of business and accounting forms
40-7 Count of money and securities in treasury
40-8 Statements of count to be filed
40-9 Keeping of cash book
40-10 Destruction of vouchers, etc.
40-11 Destruction of warrants, bonds and interest coupons
40-12 Examination before destruction
40-13 Regulations
Part II. Payments Into Treasury
40-31 Public accountants defined, duties
40-32 Payments by Honolulu accountants
40-33 By accountants out of Honolulu
40-34 Accountants may deposit in bank, when
40-35 Payment to State under protest
40-35.5 Assessment and collection of service charges for
dishonored items
40-36 Successor accountants; vesting of moneys
40-37, 38 Repealed
40-39 Powers in examination
40-40 Receipts and payments
Part III. Warrants; Payments Out of Treasury
40-51 Money drawn only on warrants
40-51.5 Checks or electronic funds transfers in lieu of
warrants
40-51.6 Electronic funds transfers in lieu of checks
40-52 Form of treasury warrant
40-53 Salary and pension payments
40-54 Payroll deductions authorized
40-54.5 Disclosure of information
40-55 Warrants for certain mechanics and laborers
40-56 Warrants for supplies, incidentals
40-57 Warrants on account of contracts
40-57.5 Comptroller's acceptance of vouchers for the Hawaii
state medicaid program
40-57.6 Duplicate bills accompanying vouchers
40-58 In favor of assignees
40-59 Comptroller to keep list of salaries, contracts, bids,
etc.
40-60 Vouchers required; procedure if not obtainable
40-61 Procedure when voucher defective
40-62 Payment of warrants
40-63 Director's warrant notes
40-64 Interest designated on warrant note
40-65 Notice of payment of warrant notes
40-66 Appropriations lapse when
40-67 Closing out appropriation accounts
40-68 Nonpresentment of warrants and checks
Part IV. Miscellaneous Provisions
40-81 Report by agencies receiving special moneys
40-82 Uncollectible accounts
40-82.5 Delinquent accounts, collection
40-83 Audit of public school accounts
40-84 Petty cash funds; regulations
40-85 Imprest fund for immediate welfare payments, emergency
assistance, and work-related expenses
40-86 Lapse of University of Hawaii appropriations
40-87 Lapse of department of education appropriations
40-88 State of Hawaii endowment fund created
40-89 Prior year accounts
40-90 Encumbrances, when void
Part V. Appeal; Enforcement; Penalties
40-91 Appeal from comptroller to supreme court
40-92 Examining persons, books
40-93 Form of notice to appear for examination
40-94 Examination under oath
40-95 Penalty for false evidence
40-96 Penalty for violating
Cross References
Prioritization of repair and maintenance projects at public schools, see §296-40.6.
CHAPTER 41
STATE INSURANCE ADMINISTRATION
REPEALED. L 1988, c 266, §3.
CHAPTER 41D
STATE RISK MANAGEMENT AND INSURANCE
ADMINISTRATION
Section
41D-1 Definitions
41D-2 Responsibilities of the comptroller
41D-3 Adjustment of claims against the State
41D-4 State risk management revolving fund
41D-5 Investment of fund
41D-6 Fund advancement; dissolution
41D-7 Risk management
41D-8 Insurance on public vehicles
41D-8.5 Insurance for indemnification
41D-9 Construction
CHAPTER 42
GRANTS, SUBSIDIES, AND PURCHASES OF SERVICE
REPEALED. L 1991, c 335, §15.
CHAPTER 42D
GRANTS, SUBSIDIES, AND PURCHASES OF SERVICE
REPEALED. L 1997, c 190, §7.
Cross References
For present provisions, see chapters 42F and 103F.
[CHAPTER 42F]
GRANTS AND SUBSIDIES
Section
42F-101 Definitions
42F-102 Applications for grants and subsidies
42F-103 Standards for the award of grants and subsidies
42F-104 Contracts for grants and subsidies
42F-105 Allotment
42F-106 Monitoring and evaluation
Note
Privatization; contracting of government services with the private sector (repealed June 30, 2007). L 2001, c 90, §2.
Cross References
Purchases of health and human services, see chapter 103F.