Haw. Rev. Stat. § 480E-3 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-3
Distressed property consultant contract.
Status: in_force

(a) A distressed property consultant contract shall be in writing and shall fully disclose all services to be performed by the distressed property consultant and all terms of any agreements between the distressed property consultant and all distressed property owners, including the total amount and terms of compensation to be directly or indirectly received by the distressed property consultant.

(b) A distressed property consultant contract shall contain on its first page in a type size no smaller than fourteen-point boldface type:

(1) A description of the distressed property;

(2) The name, street address, and telephone number of the distressed property consultant; and

(3) The name and address of the distressed property consultant to which notice of cancellation is to be delivered.

(c) A distressed property consultant contract shall be dated and signed by the distressed property consultant. If the distressed property consultant is a person other than an individual, the individual executing the distressed property consultant contract on behalf of the distressed property consultant shall identify the title and office held by the individual.

(d) A distressed property consultant contract shall be dated and signed by all distressed property owners.

(e) A distressed property consultant contract shall disclose the following information, and shall be substantially in the following form and printed in not less than fourteen-point type:

"You may stop doing business with us at any time. You may accept or reject the offer of mortgage assistance we obtain from your lender (or servicer). If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us [insert amount or method of calculating the amount] for our services.

[Name of the company] is not associated with the government, and our service is not approved by the government or your lender.

Even if you agree to use our service in an attempt to obtain mortgage assistance relief from the lending party, your lender may not agree to change your loan.

IF YOU STOP PAYING YOUR MORTGAGE, YOU COULD LOSE YOUR HOME AND DAMAGE YOUR CREDIT RATING."

For the purposes of this subsection, the amount "you will have to pay" shall consist of the total amount the consumer must pay to purchase, receive, and use all of the mortgage assistance relief services that are the subject of the sales offer, including but not limited to all fees and charges.

(f) The distressed property consultant shall provide each distressed property owner with a copy of the distressed property consultant contract and attached notice of cancellation immediately upon execution by all parties to the distressed property consultant contract. A distressed property consultant contract shall not be effective until all parties to the distressed property consultant contract have signed the contract.

(g) For forms of mortgage assistance relief that can only be obtained from a lending party, the objective of every such distressed property consultant contract shall be to obtain from the lending party a written offer to the distressed property owner for mortgage assistance relief on terms acceptable to the property owners. Any such agreement with the lending party for mortgage assistance relief shall be in writing, and shall become binding upon the distressed property owners only after all property owners have accepted the offer by executing the written contract.[L 2008, c 137, pt of §2; am L 2016, c 142, §5]
Haw. Rev. Stat. § 481-11 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-11
Remedies cumulative.
Status: in_force

The remedies prescribed in this part are cumulative and in addition to the remedies prescribed in chapter 269 for discriminations by public utilities. If any conflict arises between this part and chapter 269, the latter prevails.
Haw. Rev. Stat. § 483-6 — HI Code / Division 2 / Title 26 / Chapter 483 / Section 483-6
Executor or administrator of joint obligor bound.
Status: in_force

On the death of a joint obligor in contract, the joint obligor's personal representative shall be bound as such jointly with the surviving obligor or obligors.
Haw. Rev. Stat. § 485A-809 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-809
Multiple duties to report.
Status: in_force

Compliance with this part shall not discharge the duty to report suspected abuse under any other law.
Haw. Rev. Stat. § 482P- — HI Code / Division 2 / Title 26 / Chapter 482P / Section 482P-
8 Procedure for identifying transferees, licensees, or assignees; requirement to seek damages or relief.
Status: in_force

(a) An assignee or transferee of publicity rights shall have the right to make a publicity rights name registration.

(b) Publicity rights of a deceased person that were not previously assigned or transferred shall be part of the deceased person's estate and shall be administered by the personal representative of the deceased person as personal property of the deceased person. On or before closing of probate of a deceased person's estate, the publicity rights of the deceased person shall vest in the transferees of the personal property of the estate in conformity with the deceased person's will or probate order. If publicity rights are not expressly addressed by the terms of the will or a probate order, and if a publicity rights name registration is not in effect at the time of the relevant assignment or license, after probate closes, any one of the transferees of the personal property of the deceased person's estate shall have the right to assign or license the publicity rights of the deceased person, and a valid license from any of the transferees of the personal property of the deceased person's estate shall constitute a complete defense to any infringement action under this section.

(c) Any person seeking to license publicity rights from a living person shall have the right to presume that a living individual or personality has the right to assign or license the individual's or personality's publicity rights unless there is a publicity rights name registration for that individual or personality. If there is a publicity rights name registration for that individual or personality, the person seeking to license publicity rights shall inform the living person in writing that an assignment or license shall be sought from the holder of the publicity rights name registration before entering into the assignment or license.

(d) If there is a publicity rights name registration for a given individual or personality, any person seeking to license publicity rights for that individual or personality shall have the right to presume that the holder of the publicity rights name registration has the right to assign or license the individual's or personality's publicity rights and a valid license from the registered holder of the publicity rights name registration shall constitute a complete defense to any infringement action under this section; provided that the assignee or transferee has kept the publicity rights name registration active and in force and maintained the accuracy of the information in the publicity rights name registration filing.

(e) A person commits an offense if the person signs, manually or via electronic means, a document the person knows is false in any material respect with the intent that the document be delivered or transmitted to the director in connection with a publicity rights name registration under this section. An offense under this subsection shall be a class C felony and may carry a fine not to exceed $10,000.

(f) A person commits a misdemeanor if the person negligently and without intent to defraud signs, manually or via electronic means, a document that is false in any material respect with intent that the document be delivered or transmitted to the director in connection with a publicity rights name registration under this section. Commission of a misdemeanor under this subsection may carry a fine not to exceed $2,000.

(g) Any person who knowingly makes a false or fraudulent representation or declaration in connection with a publicity rights name registration pursuant to this section shall be liable for all damages sustained as a result of the false or fraudulent publicity rights name registration as determined by a court of competent jurisdiction. [L Sp 2009, c 28, pt of §2; am L 2010, c 62, §4]
Haw. Rev. Stat. § 480B-1 — HI Code / Division 2 / Title 26 / Chapter 480B / Section 480B-1
General definitions.
Status: in_force

As used in this chapter:

"Media" means any printed publication of general distribution in the State issued once or more per year that is a party to the Mutual Publishing Plan Agreement as executed on May 31, 1962, and any subsequent amendments. [L 1995, c 243, pt of §2]
Haw. Rev. Stat. § 485A-802 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-802
Governmental disclosures.
Status: in_force

If a qualified person reasonably believes that financial exploitation of an elder or a vulnerable adult may have occurred, may have been attempted, or is being attempted, the qualified person shall promptly notify the commissioner.
Haw. Rev. Stat. § 480-10 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-10
Exemption of labor organizations.
Status: in_force

The labor of a human being is not a commodity or article of commerce. Nothing in this chapter shall be construed to forbid the existence and operation of labor organizations, instituted for the purpose of mutual help, and not having capital stock or conducted for profits, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, lawfully carrying out the legitimate objects thereof be held or construed to be illegal combinations or conspiracies in restraint of trade under this chapter.

This chapter shall not apply to the conduct or activities of labor organizations or their members which conduct or activities are regulated by federal or state legislation or over which the National Labor Relations Board or the Hawaii labor relations board has jurisdiction. [L 1961, c 190, §8; Supp, §205A-8; HRS §480-10; am L 1986, c 339, §77]
Haw. Rev. Stat. § 480E-9 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-9
Distressed property lease.
Status: in_force

(a) A distressed property lease shall be in writing and shall fully disclose:

(1) All rights and obligations of the distressed property lessor and distressed property lessee;

(2) The exact terms of the agreement between the distressed property lessor and distressed property lessee;

(3) The exact period of time the distressed property lease is to be in effect; and

(4) The total amount and terms of compensation to be directly or indirectly received by the distressed property lessor.

(b) Distressed property lessees shall be afforded all rights under the landlord-tenant law of the State. No distressed property lease shall provide a distressed property lessee with rights less than those provided by the State's landlord-tenant law as set forth in chapters 521 and 666.

(c) The first page of a distressed property lease shall contain in a type size no smaller than fourteen-point boldface type:

(1) A description of the distressed property;

(2) The name, street address, and telephone number of the distressed property lessor; and

(3) The name and address of the distressed property lessor to which lease or rental payments, correspondence, and notices are to be mailed.

(d) A distressed property lease shall be dated and signed by the distressed property lessor. If the distressed property lessor is a person other than an individual, the individual executing the distressed property lease on behalf of the distressed property lessor shall identify the title and office held by the individual.

(e) A distressed property lease shall be dated and signed by all lessees of the distressed property.

(f) The distressed property lessor shall provide each distressed property lessee with a copy of the distressed property lease immediately upon execution by all parties to the distressed property lease. A distressed property lease shall not be effective until all parties to the distressed property lease have signed the lease. [L 2008, c 137, pt of §2]
Haw. Rev. Stat. § 486-2 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-2
Cooperation; uniformity of regulations.
Status: in_force

The board may cooperate and enter into agreements with any state or county agency, federal or other state or county agency with similar statutory functions for the purpose of carrying out the respective parts of this chapter and to establish uniformity, to the extent that it is reasonably possible, with federal enactments or regulations consistent with the respective parts of this chapter.
Haw. Rev. Stat. § 481R-8 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-8
Warrantor records.
Status: in_force

(a) Each warrantor shall maintain accurate accounts, books, and other records regarding transactions regulated under this chapter. The warrantor's records shall include:

(1) A copy of the warranty for each unique form of vehicle protection product sold;

(2) The name and address of each consumer;

(3) A list of the locations where the warrantor's vehicle protection products are marketed, sold, or offered for sale; and

(4) Files that contain at least the dates and descriptions of payments to consumers related to the vehicle protection product.

(b) Except as provided by subsection (d), each warrantor shall retain all records required under subsection (a) until at least the first anniversary of the expiration date of the obligations under the vehicle protection product warranty.

(c) The records required to be maintained under this section may be maintained in an electronic medium pursuant to section 489E-12. If a record is maintained in a format other than paper, the warrantor shall reformat the record into a legible paper copy at the request of the department.

(d) A warrantor who discontinues business in this State shall maintain the warrantor's records until ten years after the date of the last sale of a covered motor vehicle protection product. [L 2002, c 237, pt of §1]
Haw. Rev. Stat. § 478-7 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-7
Compound, not recoverable.
Status: in_force

No action shall be maintainable in any court of the State to recover compound interest upon any consumer credit transaction or upon any credit card agreement whatever. [CC 1859, §1484; RL 1925, §3590; RL 1935, §7056; RL 1945, §8737; RL 1955, §191-7; HRS §478-7; am L 1986, c 137, pt of §1]
Haw. Rev. Stat. § 486-107 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-107
Type evaluation; requirements; certificate of conformance.
Status: in_force

Any weight or measure, or any weighing or measuring instrument or device, shall have a certificate of conformance indicating that it has passed a national type evaluation by a participating laboratory, prior to being introduced for use for commercial or law enforcement purposes in the State.
Haw. Rev. Stat. § 489-5 — HI Code / Division 2 / Title 26 / Chapter 489 / Section 489-5
Other discriminatory practices.
Status: in_force

(a) It is a discriminatory practice for two or more persons to conspire:

(1) To retaliate or discriminate against a person because the person has opposed an unfair discriminatory practice;

(2) To aid, abet, incite, or coerce a person to engage in a discriminatory practice; or

(3) Wilfully, to obstruct, or prevent, a person from complying with this chapter.

(b) It is a discriminatory practice to deny a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations because of the known disability of an individual with whom the person is known to have a relationship or association. [L 1986, c 292, pt of §1; am L 1994, c 88, §3]
Haw. Rev. Stat. § 489D-25 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-25
Suspension or revocation of authorized delegates.
Status: in_force

(a) The commissioner may issue an order suspending or revoking the designation of an authorized delegate, if the commissioner finds that:

(1) The authorized delegate violates this chapter or a rule adopted or an order issued under this chapter;

(2) The authorized delegate does not cooperate with an examination or investigation by the commissioner;

(3) The authorized delegate engages in fraud, intentional misrepresentation, or gross negligence;

(4) The authorized delegate is convicted of a violation of a federal or state anti-money laundering statute;

(5) The competence, experience, character, or general fitness of the authorized delegate or a person in control of the delegate indicates that it is not in the public interest to permit the delegate to provide money services; or

(6) The authorized delegate is engaging in an unsafe or unsound practice.

(b) In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the commissioner may consider the size and condition of the delegate's provision of money services, the magnitude of the loss, the gravity of the violation of this chapter, and the previous conduct of the delegate.

(c) An authorized delegate may apply for relief from a suspension or revocation of designation as an authorized delegate according to procedures prescribed by the commissioner. [L 2006, c 153, pt of §1]
Haw. Rev. Stat. § 477E-6 — HI Code / Division 2 / Title 26 / Chapter 477E / Section 477E-6
Inconsistency with federal laws.
Status: in_force

No creditor shall be required to comply with any provisions of this chapter that are directly inconsistent with federal laws relating to discrimination in the advancement of credit. A provision of this chapter is not directly inconsistent with federal laws if it provides greater protection to an applicant.
Haw. Rev. Stat. § 482B-5 — HI Code / Division 2 / Title 26 / Chapter 482B / Section 482B-5
Attorney's fees.
Status: in_force

The court may award reasonable attorney's fees to the prevailing party if:

(1) A claim of misappropriation is made in bad faith;

(2) A motion to terminate an injunction is made or resisted in bad faith; or

(3) Wilful and malicious misappropriation exists. [L 1989, c 221, pt of §1]
Haw. Rev. Stat. § 481B-23 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-23
Determining bad faith intent.
Status: in_force

(a) In any action brought pursuant to this part, it shall be the claimant’s burden to prove by a preponderance of the evidence the person’s bad faith intent. In determining whether there is bad faith intent pursuant to section 481B-22, a court may consider factors, including, but not limited to, the following:

(1) The trademark or other intellectual property rights of the person, if any, in the domain name;

(2) The person’s prior use, if any, of the domain name in connection with the bona fide offering of any goods or services;

(3) The person’s bona fide noncommercial or fair use of the mark in a site accessible under the domain name;

(4) The person’s intent to divert users from the mark owner’s online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site;

(5) The extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify the person;

(6) The person’s offer to transfer, sell, or otherwise assign the domain name for financial gain without having used or having an intent to use, the domain name in the bona fide offering of any goods or services or the person’s prior conduct indicating a pattern of such conduct;

(7) The person’s provision of material and misleading false contact information when applying for the registration of the domain name, the person’s intentional failure to maintain accurate contact information, or the person’s prior conduct indicating a pattern of such conduct;

(8) The person’s registration or acquisition of multiple domain names that the person knew were identical or confusingly similar to marks of others that were distinctive at the time of registration of the domain names, without regard to the goods or services of the parties;

(9) The person’s registration or acquisition of multiple domain names that the person knew were identical or confusingly similar to the name of another living person, without the person’s consent; and

(10) The person sought or obtained consent from the rightful owner to register, traffic in, or use the domain name.

(b) Bad faith intent described in subsection (a) shall not be found in any case in which the court determines that the person alleged to be in violation of this part believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful. [L 2001, c 281, pt of §1]
Haw. Rev. Stat. § 489M-1 — HI Code / Division 2 / Title 26 / Chapter 489M / Section 489M-1
[ §489M-1] Definitions.
Status: in_force

[ §489M-1] Definitions. As used in this chapter:

"International trade agreement" means a trade agreement or memorandum of agreement between the United States government and a foreign nation, whether bilateral, multilateral, global, or regional, to which the State, at the request of the United States government, is a covered procuring entity; provided the term shall not include a trade agreement or memoranda of agreement:

(1) Between the State and a foreign nation or its sub-national entity to which the United States government is not a party; or

(2) Between a county and a foreign nation or its sub-national entity to which the United States government is not a party.

"Procurement" means any provision of chapter 103D. [L Sp 2007, c 1, pt of §2]
Haw. Rev. Stat. § 480F-1 — HI Code / Division 2 / Title 26 / Chapter 480F / Section 480F-1
Definitions.
Status: in_force

As used in this chapter, unless the context requires otherwise:

"Check" means any check, draft, money order, or other instrument for the transmission or payment of money. "Check" does not include a traveler's check or foreign denomination or foreign drawn payment instrument.

"Check casher" means a person or entity that engages in the business of cashing checks for a fee.

"Fee" includes any payment of cash or other consideration paid or given by a customer to a check casher in exchange for the cashing of a check, including an exchange of value for the purchase of catalog items, which is in excess of regular retail value, or for coupons, which may be redeemed for goods or services. [L 1999, c 146, pt of §1; am L 2001, c 20, §1; am L 2021, c 56, §7]
Haw. Rev. Stat. § 476-13 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-13
Statement and receipt of payments.
Status: in_force

Upon written request from the buyer, the holder of a credit sale contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under the contract. A buyer shall be given a written receipt for any payment when made in cash.
Haw. Rev. Stat. § 481K-6 — HI Code / Division 2 / Title 26 / Chapter 481K / Section 481K-6
Manufacturer's duty to provide reimbursement for temporary replacement of assistive devices; penalties.
Status: in_force

Whenever an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the manufacturer, its agent, representative, assistive device dealer, assistive device lessor, or repair agency dealer from whom it was purchased or exchanged for the purpose of repairing a nonconformity, the manufacturer shall provide directly to the consumer for the duration of the repair period a replacement assistive device or reimbursement for the cost incurred by the consumer to rent a replacement assistive device, if at least one of the following conditions exists:

(1) The repair period exceeds or is expected to exceed ten working days, including the day on which the device is tendered for repair; or

(2) The repair is of the same nonconformity for which the assistive device has been tendered for repair on at least two previous occasions. [L 1997, c 282, pt of §1]
Haw. Rev. Stat. § 487-10 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-10
Investigators, appointment and powers.
Status: in_force

The director shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section shall have and may exercise all the powers and authority of a police officer or of a deputy sheriff in the service of process or in the service of subpoenas.
Haw. Rev. Stat. § 482P-4.5 — HI Code / Division 2 / Title 26 / Chapter 482P / Section 482P-4.5
Recording, issuance, and effect of certificate.
Status: in_force

(a) Any person desiring to register a publicity rights name may obtain a certificate of registration of the publicity rights name as provided in this section. The director shall have the power reasonably necessary to perform the duties required of the director under this section, and to administer the section efficiently.

(b) To receive a certificate of registration of a publicity rights name, a person shall file in the office of the director an application for registration. The application for registration shall include a publicity rights name that consists of the assigning individual or personality's full legal name. The application for registration form shall include other information as prescribed by the director.

(c) Upon filing the application form, the applicant shall pay to the director a fee of $50. A special handling fee of $20 for expediting registration of a publicity rights name shall be assessed by the director. All fees and special handling fees shall be credited to the compliance resolution fund established under section 26-9(o).

(d) Upon receiving the application form accompanied by the fee, the director shall cause the publicity rights name to be recorded and shall issue a certificate of registration to the applicant.

(e) The term of registration of a publicity rights name shall be five years beginning from the date of registration. The registration may be renewed for additional five-year periods by filing a renewal application within six months prior to the expiration of each current term and complying with the renewal requirements prescribed by the director.

(f) If a document delivered to the director for filing satisfies the requirements of this section, the director shall file it.

(g) The director shall file a document by stamping or otherwise endorsing the document, including the date and time of receipt.

(h) If the director refuses to file a document, the director shall return it to the applicant or the applicant's representative together with a brief, written statement of the reason for the director's refusal.

(i) The director's duty to file documents under this section is ministerial. The director's filing or refusing to file a document shall not:

(1) Affect the validity or invalidity of the document in whole or in part;

(2) Relate to the correctness or incorrectness of information contained in the document; or

(3) Create a presumption that the document is valid or invalid, or that information contained in the document is correct or incorrect.

Disputes between applicants with respect to a registered publicity rights name shall be determined by a court of competent jurisdiction. [L 2010, c 62, §2]
Haw. Rev. Stat. § 481-9.5 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-9.5
Automatic renewal clauses and continuous service clauses.
Status: in_force

(a) Any person who sells or offers to sell any products or services to a consumer pursuant to a consumer contract that has a specified term of more than one month and an automatic renewal clause under which the contract will automatically renew for a specified term of more than one month unless the consumer cancels the contract, shall disclose the automatic renewal clause and the procedure by which the consumer can cancel automatic renewal of the consumer contract clearly and conspicuously in the consumer contract.

(b) Any person who sells or offers to sell any products or services to a consumer pursuant to a consumer contract that has a specified contract term of twelve months or more, under which the contract will automatically renew for a specified term of more than one month unless the consumer cancels the consumer contract, shall notify the consumer clearly and conspicuously:

(1) That the consumer contract will automatically renew unless the consumer cancels the contract;

(2) How to cancel the contract; and

(3) The deadline by which the consumer shall respond to cancel the consumer contract and prevent automatic renewal.

The notice provided to the consumer under this subsection shall be sent to the consumer no less than thirty days and no more than sixty days before the date upon which the consumer shall respond under paragraph (3).

(c) The notice to the consumer required by this section may be provided electronically if the:

(1) Transaction for sale of products or services was conducted electronically at the election of the consumer and in compliance with the requirements of chapter 489E, the Uniform Electronic Transactions Act; or

(2) Consumer elects to receive electronic communications and provides a valid electronic-mail address for the purpose of receiving the notice required by this section.

(d) Any person who sells or offers to sell any products or services to a consumer pursuant to a consumer contract that contains a continuous service clause shall clearly and conspicuously disclose the continuous service clause and the procedure by which the consumer can cancel the contract.

(e) No person shall charge the consumer's credit or debit card or the consumer's account with a third party for an automatic renewal or a continuous service without first obtaining the consumer's affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms.

(f) Any person who sells or offers to sell products or services subject to this section shall provide the consumer with an acknowledgment that the consumer may retain the automatic renewal or continuous service offer terms, cancellation policy, and procedure by which the consumer may cancel the contract. If the offer includes a free trial, the acknowledgment shall also clearly and conspicuously disclose the right of the consumer to cancel before payment is made for the goods or services and the cancellation procedure.

(g) A person making automatic renewal or continuous service offers pursuant to a consumer contract shall include a toll-free telephone number, electronic-mail address, postal address if the seller directly bills the consumer, or a clearly and conspicuously described cost-effective, timely, and easy-to-use alternative means to communicate the cancellation.

(h) In the case of a material change in the terms of the automatic renewal or continuous service offer pursuant to a consumer contract that has been accepted by a consumer in Hawaii, the person shall clearly and conspicuously provide the consumer with a notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by the consumer prior to the implementation of the material change.

(i) Any person who knowingly violates this section or who knowingly fails to cancel an automatic renewal contract or a continuous service contract upon consumer request shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.

(j) This section shall not apply to any:

(1) Financial institution subject to chapter 412 to the extent that the financial institution is engaged in activities regulated pursuant to chapter 412;

(2) Insurer subject to chapter 431, 432, or 432D to the extent that the insurer is engaged in activities regulated pursuant to those chapters;

(3) Telecommunications provider subject to chapter 269; and

(4) Cable operator subject to chapter 440G to the extent that the provider is engaged in activities regulated pursuant to chapter 440G or the Federal Communications Commission.

(k) For purposes of this section:

"Automatic renewal" means a plan or arrangement in which a paid subscription or purchasing agreement with a term of more than one month is automatically renewed at the end of a definite term for a specified term of more than one month.

"Clearly and conspicuously" means in larger type than the surrounding text; in contrasting type, font, or color to the surrounding text of the same size; or set off from the surrounding text of the same size by symbols or other marks in a manner that clearly calls attention to the language. In the case of an audio disclosure, "clear and conspicuous" and "clearly and conspicuously" mean in a volume and cadence sufficient to be readily audible and understandable.

"Consumer" shall have the same meaning as in section 480-1.

"Continuous service" means a plan or arrangement in which a paid subscription or purchasing agreement continues until the consumer cancels the service. [L 2011, c 139, §1; am L 2015, c 200, §1; am L 2023, c 194, §3]
Haw. Rev. Stat. § 481J-1 — HI Code / Division 2 / Title 26 / Chapter 481J / Section 481J-1
Definitions.
Status: in_force

When used in this chapter unless the context otherwise requires:

"Consumer" means the purchaser, other than for purposes of resale, of a used motor vehicle primarily used for personal, family, or household purposes and subject to a warranty, and the spouse or child of the purchaser if the motor vehicle is transferred to the spouse or child during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

"Dealer" is defined in section 437-1.1.

"Used motor vehicle" means a motor vehicle as that term is defined in section 481I-2, which has been purchased or transferred either after one year from the date of original delivery, or after twelve thousand miles of operation, whichever occurs first.

"Warranty" means any undertaking in connection with the sale by a dealer of a used motor vehicle to refund, repair, replace, maintain, or take other action with respect to that used motor vehicle and provided at no extra charge beyond the price of the used motor vehicle. [L 1994, c 224, pt of §1]
Haw. Rev. Stat. § 486P-1 — HI Code / Division 2 / Title 26 / Chapter 486P / Section 486P-1
Definitions.
Status: in_force

As used in this chapter:

"Attorney general" means the attorney general of the State of Hawaii.

"Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers, including but not limited to "menthol", "lights", "kings", and "100s", and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

"Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

(1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco;

(2) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or

(3) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in [paragraph] (1) of this definition.

The term "cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette", 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette".

"Master Settlement Agreement" shall have the same meaning as in section 675-2.

"Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.

"Participating manufacturer" has the meaning given that term in section II(jj) of the Master Settlement Agreement and all amendments thereto.

"Qualified escrow fund" shall have the same meaning as in section 675-2.

"Tobacco product manufacturer" means any person that is a "tobacco product manufacturer" as defined in section 675-2.

"Units sold" shall have the same meaning as in section 675-2. [L 2000, c 170, pt of §1; am L 2003, c 77, §3]
Haw. Rev. Stat. § 480E-13 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-13
Requirements for attorneys licensed in Hawaii.
Status: in_force

An attorney licensed in the State engaged in the practice of law who performs or provides, or attempts to perform or provide, or who arranges for others to perform or provide, or who assists others to perform or provide, or who makes any solicitation, representation, or offer to perform or provide, any mortgage assistance relief service shall:

(1) Execute a written contract that identifies each mortgage assistance relief service to be provided;

(2) Maintain a client trust account that complies with all applicable state laws and rules;

(3) Deposit into the attorney's client trust account all moneys received by or on behalf of the consumer to be provided with any mortgage assistance relief service; and

(4) Keep and maintain all moneys received in deposit in the client trust account until such time as the attorney has fully performed each service the attorney contracted to perform or represented would be performed. [L 2016, c 142, pt of §1]
Haw. Rev. Stat. § 484-18 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-18
Interstate rendition.
Status: in_force

In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.
Haw. Rev. Stat. § 486-85 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-85
§§486-85, 86 REPEALED.
Status: repealed

§§486-85, 86 REPEALED. L 1991, c 153, §§49, 50.
Haw. Rev. Stat. § 489D-12 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-12
Renewal of license and annual report.
Status: in_force

(a) On or before December 31 of each year, each licensee shall pay renewal fees based on the number of annualized money transmissions as follows:

(1) $3,000 for licensees with fewer than 5,000 money transmissions;

(2) $5,000 for licensees with 5,000 or more but fewer than 50,000 money transmissions;

(3) $8,000 for licensees with 50,000 or more but fewer than 100,000 money transmissions;

(4) $16,000 for licensees with 100,000 or more but fewer than 200,000 money transmissions; and

(5) $20,000 for licensees with 200,000 or more money transmissions.

For purposes of this subsection, "annualized money transmissions" means the number of money transmissions reported for the quarter on the report required by subsection (b)(2), multiplied by four.

(b) The annual license fee shall be accompanied by a report, in a form prescribed by the commissioner, which shall include:

(1) A copy of the licensee's most recent audited annual financial statement, including balance sheets, statement of income or loss, statement of changes in shareholder's equity, and statement of cash flows or, if a licensee is a wholly owned subsidiary of another corporation, the consolidated audited annual financial statement of the parent corporation in lieu of the licensee's audited annual financial statement;

(2) For the most recent quarter for which data is available prior to the date of filing the annual report, but in no event more than one hundred twenty days prior to the renewal date, the licensee shall provide the number of money transmissions sold, issued, or received for transmission by the licensee in the State, the dollar amount of those transmissions, and the dollar amounts of outstanding money transmission obligations;

(3) Any material changes to any of the information submitted by the licensee on its original application that have not previously been reported to the commissioner on any other report required to be filed under this chapter;

(4) For the most recent quarter for which data is available prior to the date of filing the annual report, but in no event more than one hundred twenty days prior to the renewal date, a list of the licensee's permissible investments, including the total market value of each type of permissible investment, and the total dollar amount of all outstanding money transmission obligations;

(5) A list of the locations, if any, within this State where business regulated by this chapter is being conducted by either the licensee or the licensee's authorized delegates;

(6) Disclosure of any pending or final suspension, revocation, or other enforcement action by any state or governmental authority;

(7) The licensee's evidence of a valid bond or other security device as required pursuant to section 489D-7; and

(8) Any other information the commissioner may require.

A license may be renewed by filing a renewal statement on a form prescribed by NMLS or by the commissioner and paying a renewal fee at least four weeks prior to the renewal date for licensure for the following year.

(c) A licensee that has not filed an annual report that has been deemed complete by the commissioner or paid its annual license fee by the renewal filing deadline, and has not been granted an extension of time to do so by the commissioner, shall have its license suspended on the renewal date. The licensee shall have thirty days after its license is suspended to file an annual report and pay the annual license fee, plus a late filing fee of $250 for each business day after suspension that the commissioner does not receive the annual report and the annual license fee. The commissioner, for good cause, may grant an extension of the renewal date or reduce or suspend the $250 per day late filing fee. [L 2006, c 153, pt of §1; am L 2008, c 195, §8; am L 2013, c 167, §7; am L 2017, c 45, §4; am L 2023, c 183, §6]
Haw. Rev. Stat. § 481X-10 — HI Code / Division 2 / Title 26 / Chapter 481X / Section 481X-10
Prohibited acts.
Status: in_force

(a) No provider shall use in its name, the word "insurance", "casualty", "surety", "mutual", or any other word descriptive of the insurance, casualty, or surety business, or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider; provided that the word "guaranty" or similar word may be used by a provider. This section shall not apply to a provider using any language prohibited by this section in its name prior to July 1, 2000.

(b) A provider or its representative shall not in its service contracts or literature make, permit, or cause to be made, any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted.

(c) No person shall condition a loan or the sale of any property on the purchase of a service contract. [L 2000, c 221, pt of §2]

Revision Note

"July 1, 2000" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 481R-9 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-9
Required disclosures.
Status: in_force

(a) Each vehicle protection product warranty marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this State shall be written, printed, or typed, in clear, understandable, and easy to read language, and shall disclose the applicable requirements set forth in this section.

(b) The obligations of a vehicle protection product warranty that are insured under a reimbursement insurance policy shall contain a statement substantially similar to the following:

"Obligations of the warrantor under this vehicle protection product are insured under a reimbursement insurance policy."

(c) The vehicle protection product warranty shall state the name and address of the insurer and state that if a covered service is not provided by the warrantor before the sixty-first day after the date the consumer provides proof of loss, the consumer may apply for reimbursement directly to the vehicle protection product warrantor's reimbursement insurance company.

(d) Each vehicle protection product warranty shall state the name, address, and phone number of the warrantor. All warrantors shall report to the department before the thirty-first day after the date of any change in the information required to be provided in this subsection.

(e) Each vehicle protection product warranty shall identify any administrator, if different from the warrantor, the vehicle protection product seller, and the consumer, if the name of the consumer has been provided by the consumer. The identities of those persons shall not be required to be preprinted on the warranty and may be added to the warranty at the time of sale.

(f) Each vehicle protection product warranty shall state the product's purchase price, or the warrantor's suggested purchase price, and the terms under which the product is sold. The purchase price shall not be required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale.

(g) Each vehicle protection product warranty shall:

(1) Specify the products and services to be provided and any limitations, exceptions, or exclusions;

(2) Specify any restrictions governing the transferability of the vehicle protection product;

(3) State the duties of the consumer, including any duty to protect against any further damage and any requirement to follow the warranty's instructions;

(4) State the name, mailing address, and telephone number of the department; and

(5) Include a statement that unresolved complaints concerning a registered warrantor or questions concerning the regulation of a warrantor may be addressed to the department.

(h) The requirements of subsection (g)(4) and (5) may be stamped on the vehicle protection product warranty. [L 2002, c 237, pt of §1; am L 2008, c 19, §42]
Haw. Rev. Stat. § 489D- — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-
30] Unlicensed persons.
Status: in_force

(a) If the commissioner has reason to believe that a person has violated or is violating section 489D-3, the commissioner may issue an order to show cause why an order to cease and desist should not issue requiring that the person cease and desist from the violation of section 489D-3.

(b) If the commissioner has reason to believe that a person has violated or is violating section 489D-3, the commissioner may petition the circuit court for the issuance of a temporary restraining order if the public would be irreparably harmed.

(c) An order to cease and desist becomes effective upon service of the order upon the person.

(d) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to section 489D-26.

(e) A person who is served with an order to cease and desist for violating section 489D-3 may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order to cease and desist pending the completion of an administrative proceeding pursuant to section 489D-26.

(f) The commissioner shall commence an administrative proceeding within twenty days after issuing an order to cease and desist. [L 2006, c 153, pt of §1]
Haw. Rev. Stat. § 486-8 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-8
§§486-8 to 22 REPEALED.
Status: repealed

§§486-8 to 22 REPEALED. L 1991, c 153, §§23 to 37.
Haw. Rev. Stat. § 476-10 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-10
Blank spaces in contract; assignee without knowledge.
Status: in_force

(a) When a paper whose contents at the time of signing shows that it is intended to become a credit sale contract is signed while still incomplete in any necessary respect it cannot be enforced until completed, but when it is completed in accordance with authority given it is effective as completed. The burden of establishing that any completion is unauthorized is on the party so asserting. If the completion is unauthorized, and it changes the obligations of either the buyer or the seller in any respect, it is a material alteration.

(b) An alteration by the holder of a contract which is both fraudulent and material discharges the buyer unless the buyer assents or is precluded from asserting the defense. No other alteration discharges the buyer, and the contract may be enforced according to its original tenor, or as to incomplete contracts according to authority given.

(c) The buyer's written acknowledgment, conforming to the requirements of section 476-7, of delivery of a copy of a contract shall be a rebuttable presumption of such delivery and of compliance with this section in any action or proceeding by or against an assignee of the contract without knowledge to the contrary when the buyer purchases the contract. [L 1961, c 102, pt of §1; Supp, §201A-7; am L 1967, c 285, §4; HRS §476-8; am and ren L 1984, c 86, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 481B-2 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-2
Aid to handicapped, misrepresentation as to.
Status: in_force

(a) It shall be unlawful for any person engaging in business for profit or the person's agents to represent that proceeds from the sale or services by such person or the person's agent are for the benefit of individuals on account of their being disabled or handicapped when, in fact, the proceeds will not be so used.

(b) A disabled or handicapped person who solicits sales of goods or services by telephone and who represents that the person is a disabled or handicapped person shall disclose:

(1) The person's name and vocational rehabilitation certificate number.

(2) Who the person's employer is.

(3) The amount of remuneration or commission the person will receive from the sale of the goods or services.

(4) That the person represents a business for profit which is owned by persons who are not disabled or handicapped if such is the fact. [L 1969, c 213, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 486M-8 — HI Code / Division 2 / Title 26 / Chapter 486M / Section 486M-8
Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Haw. Rev. Stat. § 486J-6 — HI Code / Division 2 / Title 26 / Chapter 486J / Section 486J-6
Confidential information.
Status: in_force

(a) Statements provided to the department pursuant to section 486J-3 and the data contained therein shall be deemed confidential and exempt from public disclosure under chapter 92F.

(b) No data or information submitted to the department shall be deemed confidential if it is shown that the person submitting the information or data has made it public.

(c) Unless otherwise provided by law, with respect to data that the commission or department obtained or was provided pursuant to this chapter, neither the commission or department nor any employee of the commission or department may do any of the following:

(1) Use the information furnished or obtained for any purpose other than the purposes for which it is supplied;

(2) Make any publication whereby the data furnished by any person can be identified; or

(3) Permit any person other than the commission, the department of taxation, the attorney general, the consumer advocate, the department of business, economic development, and tourism, the department of health, the Hawaii emergency management agency, the office of homeland security, and the authorized representatives and employees of each to examine the individual reports or statements provided. [L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §8; am L 2007, c 182, §7; am L 2010, c 152, §6; am L 2019, c 92, §3; am L 2025, c 7, §2]
Haw. Rev. Stat. § 476-4 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-4
Specific requirements of credit sale contracts.
Status: in_force

(a) Every credit sale contract which provides for the extension of open-end credit primarily for a personal, family, or household purpose shall disclose the annual percentage rate of the finance charge to be imposed under the contract, the circumstances under which the finance charge will be imposed, and an explanation of how the finance charge will be determined.

(b) Every credit sale contract which provides for the extension of closed-end credit primarily for a personal, family, or household purpose shall disclose the following items as applicable:

(1) The amount financed, which is the principal balance less any prepaid finance charge;

(2) A written itemization of the amount financed, or a statement that the buyer has the right to receive a written itemization of the amount financed, together with space for the buyer to indicate whether it is desired;

(3) The finance charge;

(4) The total of payments; and

(5) The total sale price.

Additional items may be included in the contract to explain the calculations involved in determining the stated total of payments to be paid by the buyer.

(c) Every credit sale contract which complies with the disclosure requirements of the federal Truth in Lending Act as of the date upon which the contract is executed shall be deemed to comply with the disclosure provisions of this section. [L 1961, c 102, pt of §1; Supp, §201A-3; HRS §476-3; am and ren L 1984, c 86, pt of §1]

Revision Note

In subsection (c), "this section" substituted for "section 476-3".
Haw. Rev. Stat. § 486N-7 — HI Code / Division 2 / Title 26 / Chapter 486N / Section 486N-7
Cancellation for death or disability.
Status: in_force

(a) Every health club contract may be canceled, if by reason of death or disability the buyer is unable to receive all services as contracted. If the inability to receive all services as contracted is due to disability, the buyer shall have the option of extending the duration of the original contract at no cost for a period equal to the duration of the disability.

(b) Every health club contract shall fully disclose the buyer's right of cancellation in the event of death or disability, and the option to extend the duration of the health club contract in the event of disability.

(c) The health club shall have the right to require and verify reasonable evidence of disability or death.

(d) In the event of cancellation due to death or disability, the health club shall immediately refund to the buyer or the buyer's estate, the entire consideration the buyer paid for the health club contract, less an amount computed by dividing the total contract price by the number of weeks in the term of the contract and multiplying the result by the number of weeks elapsed at the time of death or disability.

(e) "Disability", as used in this section, means a condition which has existed for more than thirty days which precludes the buyer from using the facilities or services of the health club, and the condition is verified by a doctor legally authorized to practice medicine or osteopathy in the State. [L 1984, c 161, pt of §1]
Haw. Rev. Stat. § 489E-12 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-12
Retention of electronic records; originals.
Status: in_force

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that:

(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and

(2) Remains accessible for later reference.

(b) A requirement to retain a record in accordance with subsection (a) shall not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.

(c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.

(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).

(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).

(f) A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after June 28, 2000 specifically prohibits the use of an electronic record for the specified purpose.

(g) This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. [L 2000, c 282, pt of §1]

Revision Note

"June 28, 2000" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 481P-4 — HI Code / Division 2 / Title 26 / Chapter 481P / Section 481P-4
Recordkeeping.
Status: in_force

Every telephone solicitor shall keep true and accurate records of all telemarketing activities initiated in this State or directed to consumers located in this State. Upon demand, the records shall be made available to the department of commerce and consumer affairs, the attorney general, and any other governmental entity with authority to enforce this chapter. These records shall be retained for a period of two years after the date of any outbound telephone call initiated from, directed into, or within this State. The records shall include but are not limited to the following information:

(1) The location of the telephone solicitor and seller and the street addresses of any locations from which the outbound telephone calls originated;

(2) Copies of any injunction, temporary restraining order, judgment, consent judgment, or assurance of voluntary compliance in any civil or administrative action, including any pending action, involving a violation or alleged violation by [the] telephone solicitor or the seller of any state or federal telemarketing law;

(3) The name, any fictitious name used, last known home address, telephone number, and job title of all telephone solicitors, who place or placed calls on behalf of a seller or who participate in or are responsible for the management of the business of the telephone solicitor; however, if the seller or telephone solicitor permits fictitious names to be used by employees or agents, each fictitious name shall be traceable to only one specific telephone solicitor, employee or agent. Where one or more telephone solicitors is employed by or otherwise acting on behalf of a seller, the reporting requirements of this chapter may be met by the seller on behalf of itself and its telephone solicitors, but only to the extent the records comply with the requirements of this chapter;

(4) Copies of all substantially different scripts, outlines, or presentation materials the seller requires a telephone solicitor to use when soliciting, as well as of all information to be provided by a telephone solicitor to a consumer in connection with any telemarketing;

(5) All written consents to utilize a name or names of any person, as defined in section 1-19, in any endorsement;

(6) Materials that substantiate any claims about the performance, efficacy, nature, or characteristics of health, nutrition, or diet related goods or services that are the subject of telemarketing;

(7) A copy of the refund, cancellation, exchange, or repurchase policies for any goods or services offered by a seller or telephone solicitor, unless the seller or telephone solicitor offers and provides an unconditional satisfaction guaranteed policy and provides a full refund for returned goods or cancelled services;

(8) Copies of all written confirmations of telemarketing transactions;

(9) Copies of all express verifiable authorizations and signed order confirmations;

(10) Copies of any training instructions, handbooks, or other guidelines distributed by telephone solicitors to their staff or by sellers to their telephone solicitors, employees, or agents;

(11) Procedures for maintaining a list of persons who do not wish to receive outbound telephone calls made by or on behalf of the seller or telephone solicitor, which procedures shall meet the minimum standards set forth in 47 C.F.R. section 64.1200(e)(2), as well as the do not call lists maintained pursuant to those procedures; and

(12) Copies of written contracts and agreements between the telephone solicitor and the seller. [L 1999, c 170, pt of §1]
Haw. Rev. Stat. § 481M-10 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-10
Remedies of lessee.
Status: in_force

(a) In case of a violation by a lessor of any provision of this chapter with respect to any lease-purchase agreement, the lessee may bring a suit in any court of competent jurisdiction to recover actual damages from the lessor, or may set off or counterclaim in any action by the lessor. If the court finds that any violation by the lessor has occurred, the court shall award to the lessee a minimum recovery of $250 or twenty-five per cent of the total cost to acquire ownership under the lease-purchase agreement, whichever is greater.

(b) The remedies specified in subsection (a) shall be in addition to any other remedies provided by law.

(c) In any action brought pursuant to this section, the court shall award the prevailing party the costs of the action and reasonable attorney fees. [L 1997, c 248, pt of §1; am L 2008, c 19, §31]
Haw. Rev. Stat. § 489E-5 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-5
Use of electronic records and electronic signatures; variation by agreement.
Status: in_force

(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(b) This chapter shall apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. Except for a separate and optional agreement, the primary purpose of which is to authorize a transaction to be conducted by electronic means, an agreement to conduct a transaction electronically shall not be contained in a standard form contract that is not an electronic record. An agreement in such a standard form contract shall not be conditioned upon an agreement to conduct transactions electronically. An agreement to conduct a transaction electronically cannot be inferred solely from the fact that a party has used electronic means to pay an account or register a purchase or warranty. This subsection shall not be varied by agreement.

(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. If a seller sells goods or services by both electronic and nonelectronic means and a buyer purchases the goods or services by conducting the transaction electronically, the buyer may refuse to conduct further transactions regarding the goods and services electronically. The right granted by this subsection may not be waived by agreement.

(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed", or words of similar import, shall not imply that the effect of other provisions may not be varied by agreement.

(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law. [L 2000, c 282, pt of §1]
Haw. Rev. Stat. § 480D-3 — HI Code / Division 2 / Title 26 / Chapter 480D / Section 480D-3
Prohibited practices.
Status: in_force

It shall be a prohibited practice for any debt collector to engage in any of the following practices while collecting a consumer debt:

(1) To threaten the use of violence or other criminal means to cause harm to the physical person, reputation, or property of any person;

(2) To falsely accuse or threaten to falsely accuse any person of fraud or any other criminal conduct;

(3) To make false accusations or threaten to make false accusations, to another person, including any credit reporting agency, that a debt has not been paid;

(4) To threaten that nonpayment of a debt will result in the arrest of any person;

(5) To threaten to turn over the collection of the debt to a person who will engage in practices prohibited by this section;

(6) To threaten to sell or assign the debt with statements that, or implying that, the sale or assignment will cause the debtor to lose a defense or legal right as a result of the sale or assignment;

(7) To use profane or obscene language that is intended to abuse the hearer or reader;

(8) To disclose, publish, or communicate any false and material information relating to the indebtedness;

(9) To represent that an existing obligation may be increased by attorney's fees, investigation fees, service fees, and other fees or charges when in fact the fees or charges may not legally be added to the existing obligations;

(10) To seek or obtain any statement or acknowledgment that the debt was incurred for necessities of life when in fact the debt was not so incurred; or

(11) To collect or attempt to collect any interest, charge, fee, or expense incidental to the debt unless the additions are authorized by the agreement or by law. [L 1987, c 191, pt of §2]
Haw. Rev. Stat. § 478-12 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-12
Renumbered as §478-9.
Status: in_force

§478-12 Renumbered as §478-9.
Haw. Rev. Stat. § 489E-3 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-3
Scope.
Status: in_force

(a) This chapter shall apply to electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by:

(1) A law governing the creation and execution of wills, codicils, or testamentary trusts;

(2) The Uniform Commercial Code other than section 490:1-201, article 2, and article 2A; and

(3) A law or rule governing notice of:

[(A)] Default, including but not limited to notices relating to acceleration, repossession, eviction, foreclosure, or the right to cure;

[(B)] Utility shutoff, including water, telephone, gas and electricity; or

[(C)] Cancellation, termination, lapse, or material alteration of a contract of insurance, insurance benefits, life settlement or viatical settlement agreement, or service contract.

(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) when used for a transaction subject to a law other than those specified in subsection (b).

(d) A transaction subject to this chapter is also subject to other applicable substantive law. [L 2000, c 282, pt of §1; am L 2004, c 162, §3; am L 2008, c 19, §78]
Haw. Rev. Stat. § 489J-2 — HI Code / Division 2 / Title 26 / Chapter 489J / Section 489J-2
[ §489J-2] Unauthorized restaurant reservations; prohibited.
Status: in_force

[ §489J-2] Unauthorized restaurant reservations; prohibited. (a) No third-party restaurant reservation service shall advertise, list, promote, facilitate, enable, or sell reservations for a restaurant through the third-party restaurant reservation service's website, mobile application, or other digital platform unless the restaurant, or a contractual designee of the restaurant expressly authorized by the restaurant to distribute reservations to a third party, agrees in writing for the third-party restaurant reservation service to advertise, list, promote, facilitate, enable, or sell reservations for that restaurant.

(b) Any person who is charged a fee or price by or through a third-party restaurant reservation service for a reservation that is advertised, listed, promoted, facilitated, enabled, or sold in violation of this section; any restaurant for which a third-party restaurant reservation service has advertised, listed, promoted, facilitated, enabled, or sold a reservation in violation of this section; or any restaurant's contractual designee who obtained reservation distribution rights directly from the restaurant, with respect to a reservation advertised, listed, promoted, facilitated, enabled, or sold in violation of this section, may bring a civil action in any court of competent jurisdiction for the following:

(1) Injunctive relief to restrain or enjoin any activity in violation of this section;

(2) Actual damages; provided that the actual damages shall not exceed the total fees collected by the third-party restaurant reservation service for the subject violation; and

(3) Attorneys' fees and costs and any other remedies that the court deems appropriate.

(c) Any action alleging a violation of this section shall be brought within one year of the occurrence of the acts alleged to have violated this section.

(d) For the purposes of this section:

"Restaurant" means a food establishment in which food is provided free of charge or sold to consumers for consumption on or off the premises. "Restaurant" includes dine-in establishments, pushcarts, food stands, and vehicles.

"Third-party restaurant reservation service" means any website, mobile application, or other digital platform that:

(1) Offers or arranges for reserving on-premises service for a customer at a restaurant; and

(2) Is owned and operated by an entity other than the entity that owns the applicable restaurant. [L 2025, c 77, §2]
Haw. Rev. Stat. § 487R-3 — HI Code / Division 2 / Title 26 / Chapter 487R / Section 487R-3
Penalties; civil action.
Status: in_force

(a) Any business that violates any provision of this chapter shall be subject to penalties of not more than $2,500 for each violation. The attorney general or the executive director of the office of consumer protection may bring an action pursuant to this section. No such action may be brought against a government agency.

(b) In addition to any penalty provided for in subsection (a), any business that violates any provision of this chapter shall be liable to the injured party in an amount equal to the sum of any actual damages sustained by the injured party as a result of the violation. The court in any action brought under this section may award reasonable attorneys' fees to the prevailing party. No such action may be brought against a government agency.

(c) The penalties provided in this section shall be cumulative to the remedies or penalties available under all other laws of this State. [L 2006, c 136, pt of §2]
Haw. Rev. Stat. § 480F-5 — HI Code / Division 2 / Title 26 / Chapter 480F / Section 480F-5
Exemptions.
Status: in_force

This chapter shall not apply to:

(1) Any person who is principally engaged in the bona fide retail sale of goods or services, and who, either as incident to or independent of the retail sale or service, from time to time cashes items for a fee or other consideration, where not more than $2, or two per cent of the amount of the check, whichever is greater, is charged for the service; or

(2) Any person authorized to engage in business as a bank, trust company, savings bank, savings and loan association, financial services loan company, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia. [L 1999, c 146, pt of §1; am L 2001, c 20, §1]
Haw. Rev. Stat. § 486-105 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-105
General testing.
Status: in_force

(a) Unless otherwise provided by law, the department, through the measurement standards branch, shall inspect and test, to ascertain if they are correct, all measurement standards and measuring devices kept, offered, or exposed for sale, sold or in use in the State. The department may, as often as it deems necessary, inspect and test, to ascertain if they are correct, all measurement standards and measuring devices used in:

(1) Determining the measurement of commodities or things sold, or offered or exposed for sale, on the basis of measure;

(2) Computing the basic charge or payment, including taxes, for services rendered on the basis of measure; and

(3) Determining measurement when a charge is made for such determination, including the payment of any associated tax.

Provided that in compliance with a rule of the board, tests may be made on representative samples of the commodities, things, or devices, and the lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples. And, provided that with respect to single-service devices designed to be used only once and to be then discarded or with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, the inspection and testing requirements of this section will be satisfied when inspections and tests are made on representative samples of the devices, and the lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests of the samples.

(b) The department may adopt rules:

(1) To authorize the licensing of service agencies to conduct routine tests of measurement standards and measuring devices;

(2) To establish the process for licensing, including license fees and suspension or revocation of licenses;

(3) To establish the frequency of testing for various measurement standards and measuring devices;

(4) To establish recordkeeping and reporting requirements for licensed service agencies;

(5) To establish procedures whereby licensed service agencies may seal or mark measurement standards or measuring devices as "correct" or "rejected" under section 486-108;

(6) To establish procedures for evaluating the performance of licensed service agencies in testing measurement standards and measuring devices; and

(7) To establish penalties for violations of this chapter or rules adopted under this subsection. [L 1991, c 153, pt of §6; am L 1998, c 192, §3]
Haw. Rev. Stat. § 489M-4 — HI Code / Division 2 / Title 26 / Chapter 489M / Section 489M-4
Prior agreements.
Status: in_force

[§489M-4 Prior agreements.] Any international trade agreement entered into by the President of the United States, which contains provisions relating in any manner to procurement by the states to which the governor has agreed prior to July 10, 2007, shall remain valid. [L Sp 2007, c 1, pt of §2]

Revision Note

"July 10, 2007" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 481L-4 — HI Code / Division 2 / Title 26 / Chapter 481L / Section 481L-4
Civil remedies.
Status: in_force

A retail lessor who fails to comply with the requirements of this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2.
Haw. Rev. Stat. § 484-8.8 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-8.8
Receipt for amended public offering statement.
Status: in_force

(a) Whenever the director requires pursuant to section 484-8.6(b) that an amended public offering statement be prepared by the subdivider, the subdivider shall obtain a receipt therefor from each purchaser or prospective purchaser who signed a sales contract or reservation agreement to purchase subdivided lands before the issuance of the director's final order. If the amended public offering statement is delivered to the purchaser or prospective purchaser by certified or registered mail, return receipt requested, and the prospective purchaser does not execute and return the purchaser's receipt for the amended public offering statement within seven days from the date of delivery, the purchaser shall be deemed to have receipted for it; provided that the receipt shall be effective only if at the time of the delivery of the amended public offering statement the prospective purchaser is notified in writing of the fact that the purchaser will be deemed to have executed the receipt for it upon the purchaser's failure to act within the seven-day period.

(b) Receipts taken for any amended public offering statement shall be kept on file in possession of the subdivider, subject to inspection at any reasonable time by the director, for a period of three years from the date the receipt was taken. [L 1983, c 175, pt of §8; am L 1992, c 132, §11]
Haw. Rev. Stat. § 480E-6 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-6
Distressed property conveyance contract.
Status: in_force

(a) A distressed property conveyance contract shall be in writing and shall fully disclose all rights and obligations of the distressed property purchaser and all distressed property owners and all terms of any agreements between the distressed property purchaser and all distressed property owners.

(b) Every distressed property conveyance contract shall specifically include the following terms:

(1) The total consideration to be given by the distressed property purchaser or tax lien payor in connection with or incident to the distressed property conveyance;

(2) A complete description of the terms of payment or other consideration including any services of any nature that the distressed property purchaser represents will be performed for any distressed property owner before or after the distressed property conveyance;

(3) A complete description of the terms of any related agreement designed to allow any distressed property owner to remain in the distressed property, such as a rental agreement, repurchase agreement, contract for deed, or lease with option to buy;

(4) All notices as provided in this chapter;

(5) The following notice, in a type size no smaller than fourteen-point boldface type, completed with the name of the distressed property purchaser, shall appear immediately above the notice of right to cancel a distressed property conveyance contract required by section 480E-7(a):

"NOTICE REQUIRED BY HAWAII LAW

UNTIL YOUR RIGHT TO CANCEL THIS CONTRACT HAS ENDED, (Name of distressed property purchaser) OR ANYONE WORKING FOR (Name of distressed property purchaser) CANNOT ASK YOU TO SIGN OR HAVE YOU SIGN ANY DEED OR ANY OTHER DOCUMENT. YOU ARE URGED TO HAVE THIS CONTRACT REVIEWED BY AN ATTORNEY OF YOUR CHOICE WITHIN FIFTEEN BUSINESS DAYS OF SIGNING IT."; and

(6) If title to the distressed property will be transferred in the conveyance transaction, the following notice, in a type size no smaller than fourteen-point boldface type, completed with the name of the distressed property purchaser, shall appear immediately below the notice required by paragraph (5):

"NOTICE REQUIRED BY HAWAII LAW

AS PART OF THIS TRANSACTION, YOU ARE GIVING UP TITLE TO YOUR HOME."

(c) A distressed property conveyance contract shall contain on its first page in a type size no smaller than fourteen-point boldface type:

(1) A description of the distressed property;

(2) The name, street address, and telephone number of the distressed property purchaser; and

(3) The name and address of the distressed property purchaser to which notice of cancellation is to be delivered.

(d) A distressed property conveyance contract shall be dated and signed by the distressed property purchaser. If the distressed property purchaser is a person other than an individual, the individual executing the distressed property conveyance contract on behalf of the distressed property purchaser shall identify the title and office held by the individual.

(e) A distressed property conveyance contract shall be dated and signed by all owners of the distressed property.

(f) The distressed property purchaser shall provide each distressed property owner with a copy of the distressed property conveyance contract and attached notice of cancellation form immediately upon execution by all parties to the distressed property conveyance contract. A distressed property conveyance contract shall not be effective until all parties to the distressed property conveyance contract have signed the contract.

(g) Pursuant to chapter 501 or 502, the distressed property purchaser shall record the distressed property conveyance contract no earlier than fifteen days after its execution but no later than twenty days after its execution; provided that the contract has not been canceled, or no later than fifteen days after the last day any distressed property owner has the right to cure a default under state law, whichever is later. [L 2008, c 137, pt of §2; am L 2016, c 142, §7]
Haw. Rev. Stat. § 476-18 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-18
Appointment of agent; collection or repossession.
Status: in_force

No provision in a credit sale contract by which the buyer executes a power of attorney appointing the seller or holder of the contract, or other person acting on the buyer's behalf, as the buyer's agent in collection of payments under the contract or in the repossession of the goods shall be enforceable.
Haw. Rev. Stat. § 481F-2 — HI Code / Division 2 / Title 26 / Chapter 481F / Section 481F-2
Exemptions.
Status: in_force

This chapter shall not apply to print multiples which do not purport to be signed, numbered, approved by the artist, or to comprise a limited edition.
Haw. Rev. Stat. § 482B-6 — HI Code / Division 2 / Title 26 / Chapter 482B / Section 482B-6
Preservation of secrecy.
Status: in_force

In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
Haw. Rev. Stat. § 486-5 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-5
Powers and duties of the administrator, and inspectors.
Status: in_force

The administrator may delegate any of the administrator's authority, powers and duties to the inspectors or other measurement standards personnel when such delegation is deemed necessary for the efficient and effective enforcement of the respective parts of this chapter.
Haw. Rev. Stat. § 482D-7 — HI Code / Division 2 / Title 26 / Chapter 482D / Section 482D-7
Violation of fineness standards and stamping requirements.
Status: in_force

(a) A person commits a criminal offense if the person is a manufacturer or dealer of gold or silver articles of merchandise and the person sells or possesses articles of merchandise which violates section 482D-3, 482D-4, or 482D-5. If the aggregate value of the articles which violate section 482D-3, 482D-4, or 482D-5 is $300 or less, the offense shall be a misdemeanor. If the aggregate value of the articles which violate section 482D-3, 482D-4, or 482D-5 exceeds $300, the offense shall be a class C felony.

(b) Each and every person, being a manufacturer of or a wholesale or retail dealer in gold or silver jewelry or articles, who shall knowingly violate section 482D-3, 482D-4, or 482D-5, shall be deemed guilty of a class C felony. [L 1990, c 343, pt of §2]
Haw. Rev. Stat. § 486-34 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-34
Presumptive evidence.
Status: in_force

For the purposes of the effective enforcement of the respective parts of this chapter, proof of the existence of a measure or measurement standard in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be "presumptive proof of the susceptibility of commercial use" of such measure or measurement standard.
Haw. Rev. Stat. § 480-17 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-17
Individual liability for corporate or company act.
Status: in_force

(a) Whenever a corporation violates any of the penal provisions of this chapter, the violation shall be deemed to be also that of the individual directors, officers, or agents of the corporation who have authorized, ordered, or done any of the acts constituting in whole or in part the violation.

(b) Whenever a limited liability company violates any of the penal provisions of this chapter, the violation shall be deemed to be also that of the individual members, managers, or agents of the limited liability company who have authorized, ordered, or done any of the acts constituting in whole or in part the violation. [L 1961, c 190, §15; Supp, §205A-15; HRS §480-17; am L 1997, c 224, §1]
Haw. Rev. Stat. § 482D-2 — HI Code / Division 2 / Title 26 / Chapter 482D / Section 482D-2
Importation or manufacture of falsely marked gold or silver articles prohibited.
Status: in_force

It shall be unlawful for any person being a manufacturer or dealer of or in wholesale or retail in gold or silver articles to manufacture, sell, import, or export gold or silver jewelry or gold or silver articles, manufactured after October 1, 1981, and made in whole or in part of gold or silver, or any alloy of either of these metals, and having stamped any mark or word indicating or designed or intended to indicate that the gold or silver or alloy in the article is of a greater degree of fineness than the actual fineness of quality of the gold, silver, or alloy, according to the standards established in this chapter.
Haw. Rev. Stat. § 487-4 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-4
Salary and duties of executive director; benefits.
Status: in_force

The director may define the executive director's powers and duties and fix the executive director's compensation. The executive director and attorney staff members shall be entitled to participate in any employee benefit plan.
Haw. Rev. Stat. § 486-71 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-71
Definitions.
Status: in_force

For the purposes of this part:

"Odometer" is an analog or digital measuring device that reflects distance traveled.

"Passenger car" means a vehicle with self-contained motive power and seating capacity for up to twelve passengers (excluding the driver), not exceeding 16,000 pounds gross vehicle weight. [L 1988, c 156, pt of §3; am L 1991, c 153, §22]
Haw. Rev. Stat. § 481A-5 — HI Code / Division 2 / Title 26 / Chapter 481A / Section 481A-5
Application.
Status: in_force

(a) This chapter does not apply to:

(1) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency;

(2) Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or

(3) Actions or appeals pending on July 14, 1969.

(b) Sections 481A-3(a)(2) and 481A-3(a)(3) do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before July 14, 1969 if the use was in good faith and is otherwise lawful except for this chapter. [L 1969, c 187, pt of §1]

Revision Note

"July 14, 1969" substituted for "the effective date of this Act" and "the effective date of this chapter".
Haw. Rev. Stat. § 481M-7 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-7
Additional charges.
Status: in_force

(a) A lessor may contract for and receive an initial nonrefundable fee not to exceed $10 per lease-purchase agreement. If the lessor requires a security deposit, the amount of the deposit and the conditions under which it will be returned shall be disclosed pursuant to section 481M-13.

(b) A lessor may contract for and receive an initial delivery charge per lease-purchase agreement that shall not exceed $15 in the case of an agreement covering five or fewer items if the lessor actually delivers the items to the lessee's dwelling and the delivery charge is disclosed pursuant to section 481M-14. The delivery charge shall be assessed in lieu of and not in addition to the initial fee in subsection (a). A lessor may not contract for or receive a delivery charge on property redelivered after repair or maintenance.

(c) A lessor may contract for and receive a charge for picking up late payments from the lessee if the lessor is required to do so pursuant to the lease-purchase agreement or is requested to visit the lessee to pick up a payment. In a lease-purchase agreement with payment or renewal dates that are on a monthly basis, this charge may not be assessed more than three times in any six-month period. In lease-purchase agreements with payments or renewal options on a weekly or biweekly basis, this charge may not be assessed more than six times in any six-month period. No charge assessed pursuant to this subsection may exceed $10. A pickup fee may be assessed pursuant to this subsection only in lieu of and not in addition to any late charge assessed pursuant to subsection (d).

(d) The parties may contract for late charges as follows:

(1) For lease-purchase agreements with monthly renewal dates, a late charge not exceeding $5 may be assessed on any payment not made within five days after payment is due, or return of the property is required; or

(2) For lease-purchase agreements with weekly or biweekly renewal dates, a late charge not exceeding $3 may be assessed on any payment not made within three days after payment is due, or return of the property is required.

A late charge on lease-purchase agreements may be collected only once on any accrued payment, no matter how long it remains unpaid. A late charge may be collected at the time it accrues or at any time thereafter. A lessor may elect to waive imposition of a late charge due on an accrued payment in accordance with the terms of the lease-purchase agreement; provided that the waiver shall be in writing and, once a late charge is waived for a specific payment, the lessor may not seek to impose a late charge for the accrued payment in question. No late charge shall be assessed against a payment that is timely, even though an earlier late charge has not been paid in full. [L 1997, c 248, pt of §1; am L 2008, c 19, §30]
Haw. Rev. Stat. § 489D-15 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-15
Changes in control of a licensee.
Status: in_force

(a) A person or group of persons requesting approval of a proposed change of control of a licensee shall submit to the commissioner an application requesting approval of a proposed change of control of the licensee, accompanied by a nonrefundable application fee of $2,500.

(b) After review of a request for approval under subsection (a), the commissioner may require the licensee or person or group of persons requesting approval of a proposed change of control of the licensee, or both, to provide additional information concerning the persons who are to assume control of the licensee. The additional information shall be limited to similar information required of the licensee or persons in control of the licensee as part of its original license or renewal application under sections 489D-9 and 489D-12. The information shall include the history of the material litigation and criminal convictions of each person who upon approval of the application for change of control will be a principal of the licensee, for the ten-year period prior to the date of the application for change of control of the licensee, and authorizations necessary to conduct criminal history record checks of such persons, accompanied by the appropriate payment of the applicable fee for each record check.

(c) The commissioner shall approve a request for change of control under subsection (a) if, after investigation, the commissioner determines that the person or group of persons requesting approval has the competence, experience, character, and general fitness to control the licensee or person in control of the licensee in a lawful and proper manner, and that the interests of the public will not be jeopardized by the change of control.

(d) The following persons are exempt from the requirements of subsection (a), but the licensee regardless, shall notify the commissioner of a change of control:

(1) A person who acts as a proxy for the sole purpose of voting at a designated meeting of the security holders or holders of voting interests of a licensee or person in control of a licensee;

(2) A person who acquires control of a licensee by devise or descent;

(3) A person who acquires control as a personal representative, custodian, guardian, conservator, trustee, or as an officer appointed by a court of competent jurisdiction or by operation of law; or

(4) A person who the commissioner, by rule or order, exempts in the public interest.

(e) Subsection (a) shall not apply to public offerings of securities.

(f) Before filing a request for approval for a change in control, a person may request in writing, a determination from the commissioner as to whether the person would be considered a person in control of a licensee upon consummation of a proposed transaction. If the commissioner determines that the person would not be a person in control of a licensee, the commissioner shall enter an order to that effect and the proposed person and transaction shall not be subject to the requirements of subsections (a) through (c). [L 2006, c 153, pt of §1; am L 2008, c 195, §10; am L 2013, c 167, §10; am L 2016, c 251, §2; am L 2017, c 45, §6; am L 2021, c 108, §6]
Haw. Rev. Stat. § 486-119 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-119
Hawaii-made products; Hawaii-processed products.
Status: in_force

(a) No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other means misrepresents the origin of the item as being from any place within the State, or uses the phrase "made in Hawaii" as an advertising or media tool for any craft item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State.

(b) Subsection (a) notwithstanding, no person shall keep, offer, display, expose for sale, or solicit the sale of any perishable consumer commodity that is labeled "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" or that by any other means represents the origin of the perishable consumer commodity as being from any place within the State, or use the phrase "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" as an advertising or media tool for any perishable consumer commodity, unless the perishable consumer commodity is wholly or partially manufactured, processed, or produced within the State from raw materials that originate from inside or outside the State and at least fifty-one per cent of the wholesale value of the perishable consumer commodity is added by manufacture, processing, or production within the State. [L 1991, c 153, pt of §6; am L 2009, c 80, §2]
Haw. Rev. Stat. § 487N-5 — HI Code / Division 2 / Title 26 / Chapter 487N / Section 487N-5
Information privacy and security council; established; duties; reports.
Status: in_force

(a) There is established an information privacy and security council within the department of accounting and general services for administrative purposes only. Members of the council shall be appointed no later than September 1, 2008, by the governor without regard to section 26-34 and shall be composed of the following representatives:

(1) Executive agencies that maintain extensive personal information in the conduct of their duties, including the department of commerce and consumer affairs, the department of education, the department of health, the department of human resources development, the department of human services, and the University of Hawaii, to be selected by the governor;

(2) The legislature, to be selected by the president of the senate and the speaker of the house of representatives;

(3) The judiciary, to be selected by the chief justice of the Hawaii supreme court; and

(4) The four counties, to be selected by the mayor of each county; provided that the mayor of each county shall determine the extent to which the county may or may not participate.

Each member of the council may designate a person from that member's agency to attend meetings and act on the member's behalf, including for voting purposes, when the member is unable to attend a meeting. The chief information officer or the chief information officer's designee shall serve as chair of the council.

(b) By January 1, 2009, the council shall submit to the legislature a report of the council's assessment and recommendations on initiatives to mitigate the negative impacts of identity theft incidents on individuals. The report shall emphasize assessing the merits of identity theft passport and identity theft registry initiatives that have been implemented in other states.

(c) No later than June 30, 2009, the council shall develop guidelines to be considered by government agencies in deciding whether, how, and when a government agency shall inform affected individuals of the loss, disclosure, or security breach of personal information that can contribute to identify theft. The guidelines shall provide a standardized, risk-based notification process in the instance of a security breach.

(d) The council shall review the individual annual reports submitted by government agencies, pursuant to section 487N-7 and submit a summary report to the legislature no later than twenty days prior to the convening of the regular session of 2010 and each year thereafter. The summary report shall include the council's findings, significant trends, and recommendations to protect personal information used by government agencies.

The initial report to the legislature also shall include proposed legislation to amend section 487N-2 or any other law that the council deems necessary to conform to the guidelines established under subsection (c).

(e) The chief information officer may establish support positions for the office of enterprise technology services, including but not limited to information technology, human resources and personnel, records management, and administrative support. [L Sp 2008, c 10, pt of §4; am L 2012, c 71, §1; am L 2016, c 58, §7; am L 2016, c 58, §7; am L 2022, c 11, §2]
Haw. Rev. Stat. § 486-117 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-117
Inspection of packages.
Status: in_force

(a) The department, through the measurement standards branch, shall measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale or sold in accordance with the law. When such packages or amounts of commodities are found not to contain the amount represented, or are found to be kept, offered, or exposed for sale in violation of law, the department, through the measurement standards branch, may order them off sale and may mark or tag them to show them to be illegal. The department, through the measurement standards branch, may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from the representative of the lot.

(b) No person shall:

(1) Sell, or keep, offer, or expose for sale any package unless the package is in full compliance with all legal requirements;

(2) Sell, or keep, offer, or expose for sale any package that has been ordered off sale or marked or tagged as provided in this section, and which package has subsequently been brought into legal compliance, unless and until written authorization for such action has been issued by the administrator; or

(3) Dispose of any package that has been ordered off sale or marked or tagged as provided in this chapter that has not been brought into full compliance with all legal requirements, until written authorization for such disposal has been issued by the administrator.

(c) Nothing in this section shall prohibit the administrator from authorizing the disposal of any package, when in the administrator's discretion the best interest of the public will be served by such disposal.

(d) The department, through the measurement standards branch, may seize and dispose of any package that has been ordered off sale for reasons of legal noncompliance when remedial action is not effected as required under the terms of the off sale order, as established by rule of the board. [L 1991, c 153, pt of §6; am L 1993, c 54, §11; am L 1998, c 192, §5]
Haw. Rev. Stat. § 486-72 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-72
§§486-72 to 74 REPEALED.
Status: repealed

§§486-72 to 74 REPEALED. L 1991, c 153, §§45 to 47.
Haw. Rev. Stat. § 481R-11 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-11
Limitations on use of warrantor's name.
Status: in_force

(a) A warrantor shall not use:

(1) In its name, the word "casualty", "surety", "insurance", or "mutual" or any other word descriptive of the casualty, insurance, or surety business; or

(2) A name deceptively similar to the name or description of any insurance company, surety corporation, or other warrantor.

(b) A warrantor may use the word "guaranty" or a similar word in the warrantor's name. [L 2002, c 237, pt of §1]
Haw. Rev. Stat. § 486P-6 — HI Code / Division 2 / Title 26 / Chapter 486P / Section 486P-6
Directory; updates; information to be maintained and provided.
Status: in_force

(a) Not later than November 1, 2003, the attorney general shall develop and make available for public inspection, a directory that includes a list of all tobacco product manufacturers that have provided a current and accurate certification conforming to the requirements of section 486P-5, and a list of all brand families that are listed in the certification; provided that:

(1) The attorney general shall not include or retain in the directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the attorney general determines is not in compliance with section 486P-5 unless the attorney general has determined that such violation has been cured to the satisfaction of the attorney general;

(2) Neither a tobacco product manufacturer nor a brand family shall be included or retained in the directory if the attorney general concludes, in the case of a nonparticipating manufacturer, that:

(A) Any escrow payment required pursuant to section 675-3(b)(1) for any period for any brand family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the attorney general; or

(B) Any outstanding final judgment, including interest thereon, for a violation of section 675-3(b) has not been fully satisfied by the manufacturer or brand family.

(b) The attorney general shall update the directory as necessary to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this chapter.

(c) Every entity licensed under chapter 245 shall:

(1) Provide to the attorney general and update as necessary an electronic mail address for the purpose of receiving any notifications hereunder; and

(2) Not later than thirty days after the end of each month, and more frequently if so directed by the attorney general, submit to the attorney general such information as the attorney general requires to facilitate compliance with this chapter, including but not limited to:

(A) A list by brand family of the total number of cigarettes, or in the case of roll-your-own, the equivalent stick count for which the licensee affixed stamps during the previous calendar month or otherwise paid the tax due for such cigarettes; and

(B) Samples of each brand family, as may be necessary to enable the attorney general to determine whether a tobacco product manufacturer or licensed entity is in compliance with this chapter.

(3) Maintain, and make available to the attorney general, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the attorney general for a period of five years. [L 2003, c 77, pt of §2]
Haw. Rev. Stat. § 485A-805 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-805
Immunity for third-party disclosures.
Status: in_force

A qualified person who, in good faith and exercising reasonable care, makes a disclosure of information pursuant to section 485A-804 shall be immune from any administrative or civil liability that might otherwise arise from the disclosure.
Haw. Rev. Stat. § 482E-10.7 — HI Code / Division 2 / Title 26 / Chapter 482E / Section 482E-10.7
Violation of chapter; cease and desist order.
Status: in_force

(a) Whenever it appears to the director that any person has engaged in or is about to engage in any act or practice constituting a violation of this chapter, or any order or rule issued or adopted thereunder, the director may issue a cease and desist order to enforce compliance with this chapter or any such order or rule. The director shall have the discretion to determine the disposition of any executory contracts entered into by the respondent and shall specify in the order whether existing executory contracts shall be suspended or completed.

(b) Upon the issuance of an order under subsection (a), the director shall promptly notify the respondent that the order has been issued and the reasons therefor; that the respondent shall have thirty days to request a hearing in writing; and that if a hearing is requested, the hearing shall commence within fifteen business days of the request, unless extended by the director for good cause. During the pendency of any hearing requested, the cease and desist order shall remain in effect unless vacated or modified by the director.

(c) After the hearing, the director shall issue a final order that shall affirm, vacate, or modify the order in effect during the pendency of the hearing. If no hearing is requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated by the director.

(d) All hearings and rehearings shall be public.

(e) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the respondent or the respondent's assets. The court shall not require the director to post a bond. [L 1988, c 339, §3]
Haw. Rev. Stat. § 489N-5 — HI Code / Division 2 / Title 26 / Chapter 489N / Section 489N-5
Other relief available.
Status: in_force

The penalties provided in this chapter are in addition to penalties and remedies otherwise available against the same conduct under the common law or other state or federal statutes or rules.
Haw. Rev. Stat. § 486B-4 — HI Code / Division 2 / Title 26 / Chapter 486B / Section 486B-4
Penalty.
Status: in_force

Any person who violates this chapter shall be fined not more than $10,000 for each violation or imprisoned for not more than five years, or both.
Haw. Rev. Stat. § 488-2 — HI Code / Division 2 / Title 26 / Chapter 488 / Section 488-2
Applicability; other statutes, rules of court.
Status: in_force

(a) This chapter shall apply to all plans in the State other than:

(1) Plans in which any party to the plan is the federal government or any agency thereof; or

(2) Any employer-employee plan that is subject to the federal Employee Retirement Income Security Act of 1974, Public Law 93-406.

Plans that are owned and operated by an insurer subject to chapter 431 shall be exempt from the requirements of this chapter; provided that the insurer shall comply with the provisions of chapter 431 and file a statement certifying compliance with chapter 431.

(b) The commissioner shall have jurisdiction to enforce this chapter. The operation of all plans subject to this chapter shall also be subject to chapters 480, part I of chapter 481, 481A, and 481B, 481C, and other provisions of law that may be applicable. Chapters 431 and 432 shall not apply to any plans or the operations thereof that are subject to this chapter, except as provided in sections 488-4, 488-5, 488-6, and 488-7.

(c) No plan subject to this chapter shall contravene rules of court adopted by the Hawaii supreme court. [L 1976, c 156, pt of §1; am L 2008, c 19, §74; am L 2010, c 47, §1(2); am L 2011, c 186, §4]
Haw. Rev. Stat. § 485A-405 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-405
Federal covered investment adviser notice filing requirement.
Status: in_force

(a) Except with respect to a federal covered investment adviser described in subsection (b), it is unlawful for a federal covered investment adviser to transact business in this State as a federal covered investment adviser unless the federal covered investment adviser complies with subsection (c).

(b) The following federal covered investment advisers are not required to comply with subsection (c):

(1) A federal covered investment adviser without a place of business in this State if its only clients in this State are:

(A) Federal covered investment advisers, investment advisers registered under this chapter, and broker-dealers registered under this chapter;

(B) Institutional investors;

(C) Bona fide preexisting clients whose principal places of residence are not in this State; or

(D) Other clients specified by rule adopted or order issued under this chapter;

(2) A federal covered investment adviser without a place of business in this State if the person has had, during the preceding twelve months, not more than five clients that are residents of this State in addition to those specified under paragraph (1); or

(3) Any other person excluded by rule adopted or order issued under this chapter.

(c) A person acting as a federal covered investment adviser not excluded under subsection (b) shall file a notice on a form designated by the commissioner, a consent to service of process complying with section 485A-610, and records that have been filed with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as required by rule adopted or order issued under this chapter, and pay the fees specified in section 485A-410(e).

(d) The notice under subsection (c) becomes effective upon its filing. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 481B-25 — HI Code / Division 2 / Title 26 / Chapter 481B / Section 481B-25
Damages and remedies.
Status: in_force

(a) Any persons whose rights under section 481B-22 have been violated may bring a civil action against the person responsible for the violation.

(b) In any civil action brought under this part, if the court finds a violation of section 481B-22, the court may award:

(1) Injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark;

(2) Equitable relief;

(3) Compensatory damages;

(4) Punitive damages;

(5) Costs of the action; and

(6) Reasonable attorney’s fees.

(c) A claimant who files suit under this part, prior to the commencement of trial, may elect to recover, instead of compensatory and punitive damages, an award of statutory damages in an amount of not less than $1,000 or threefold damages by the claimant sustained, whichever sum is the greater, and reasonable attorney’s fees together with the costs of the suit. [L 2001, c 281, pt of §1]
Haw. Rev. Stat. § 481G-7 — HI Code / Division 2 / Title 26 / Chapter 481G / Section 481G-7
Disposition of inventory.
Status: in_force

Upon termination of a dealership by either the distributor or the dealer, whether or not for cause, the distributor shall at the request of the dealer, take back any inventory from the dealer which was supplied by the distributor and which has not diminished substantially in value and is of similar quality as when originally supplied. The distributor shall reimburse the dealer for not less than ninety per cent of the cost paid by the dealer or shall cancel not less than ninety per cent of any debts owed on account of the inventory.
Haw. Rev. Stat. § 482-23 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-23
Filing of applications; appeal.
Status: in_force

(a) Upon the filing of an application for registration and payment of the application fee, the director shall cause the application to be examined for conformity with this part.

(b) The applicant shall provide any additional pertinent information requested by the director including a description of a design mark and may make, or authorize the director to make, such amendments to the application as may be reasonably requested by the director or deemed by the applicant to be advisable to respond to any rejection or objection.

(c) The director may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights in the disclaimed matter, or the applicant's or registrant's rights of registration in another application if the disclaimed matter is or will become distinctive of the applicant's or registrant's goods or services.

(d) If the application for registration of a mark is denied, the director shall notify the applicant of the denial and the reasons for the denial. An applicant may appeal the director's denial of an application for registration of a mark in accordance with section 91-13.1.

(e) Applications concurrently being processed by the director and seeking registration of the same or confusingly similar marks for the same or related goods or services shall be reviewed in the order that they are filed. If an earlier-filed application is granted registration, the other applications seeking registration of the same or confusingly similar marks for the same or related goods or services shall be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with section 482-28. [L 2001, c 15, pt of §1; am L 2003, c 124, §94]
Haw. Rev. Stat. § 480-21 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-21
Court and venue.
Status: in_force

(a) Any criminal action or proceeding authorized by this chapter shall be brought in any appropriate court in the circuit in which the defendant resides, engages in business, or has an agent.

(b) Any civil action or proceeding authorized by this chapter may be brought in any appropriate court. [L 1961, c 190, §19; Supp, §205A-19; HRS §480-21; am L 1998, c 62, §1; am L 2011, c 66, §2]
Haw. Rev. Stat. § 486P-4 — HI Code / Division 2 / Title 26 / Chapter 486P / Section 486P-4
Unregistered nonresident or foreign nonparticipating manufacturers; agent; notice.
Status: in_force

(a) A nonresident or foreign nonparticipating manufacturer that has not registered to do business in this State as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory established under [section] 486P-6, appoint and continually engage without interruption the services of an agent in the United States to act as an agent for the service of process on whom all process, and any action or proceeding against the manufacturer concerning or arising out of the enforcement of this chapter or chapter 675, may be served in any manner authorized by law. Service pursuant to this section shall constitute legal and valid service of process on the nonparticipating manufacturer.

(b) The nonparticipating manufacturer shall provide to the satisfaction of the attorney general, notice of:

(1) The name, address, phone number, and proof of the appointment and availability of the manufacturer's agent;

(2) Termination of the authority of an agent by the manufacturer, thirty calendar days prior to termination, and proof of the appointment of a new agent to the satisfaction of the attorney general no less than five calendar days prior to the termination of an existing agent appointment; and

(3) The termination of the authority of an agent by the agent, within five calendar days of the termination, and at the same time, proof of the appointment of a new agent to the satisfaction of the attorney general. [L 2003, c 77, pt of §2]
Haw. Rev. Stat. § 482-7 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-7
Application of law; reissue on nonuser.
Status: in_force

(a) Sections 482-1 to 482-9 are applicable to all registrations filed in the office of the director; the intent being that all trade names not used by the applicant in this State may be immediately reissued to such applicant who is actually using the same.

(b) The fact that a trade name has not been used in this State for a period of one year shall be prima facie proof of the fact that the same has not been used elsewhere for such period. [L Sp 1933, c 29, pt of §2; RL 1935, §7456; RL 1945, §9291; RL 1955, §204-7; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-7; am L 1980, c 26, §8; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2001, c 15, §9; am L 2003, c 124, §88; am L 2004, c 121, §51]
Haw. Rev. Stat. § 484-8.6 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-8.6
Final order of registration.
Status: in_force

(a) If the subdivider has obtained a preliminary order of registration, then upon the issuance of final subdivision approval of the subdivision by the county in which the land is situated, the subdivider shall submit to the director an application for a final order of registration, which application shall contain, among other things:

(1) A copy of the subdivision map for the subdivision and evidence satisfactory to the director that final subdivision approval has been granted by the county; and

(2) A written statement disclosing any material changes to the subdivision which may have occurred between the date of preliminary subdivision approval and the date of final subdivision approval or a statement that no changes have occurred.

Upon receipt of the subdivider's application, the director shall enter a final order of registration or rejection, pursuant to section 484-8.

(b) As a condition to issuing a final order of registration for a subdivision with respect to which a preliminary order was entered, the director may require that the subdivider amend the public offering statement to provide fair and full disclosures to the purchasers of any material changes to the subdivision.

The amended public offering statements shall be delivered to the purchaser either personally or by certified or registered mail with return receipt requested, and at the same time the purchaser shall be notified in writing of the purchaser's right of refund and cancellation of obligation and the waiver of such right upon the purchaser's failure to act within a seven-day period. Each purchaser shall have a right to cancel the sales contract signed by the purchaser and receive a refund of all sums paid by the purchaser, without penalty, within the seven-day period from the date of delivery of the amended public offering statement, after which period such right shall be deemed waived.

(c) If the final order of registration is not issued within one year from the date of entry of the preliminary order, each purchaser shall have a right to cancel the sales contract signed by the purchaser and receive a refund of all sums paid by the purchaser; provided that if the final order is issued after the one-year period and a written notice is delivered to the purchaser either personally or by certified or registered mail with return receipt requested, notifying the purchaser of the issuance of the final order of registration and of the purchaser's right of refund and cancellation of obligation and the waiver of such right upon the purchaser's failure to act within a seven-day period, which notice shall be accompanied by any amended public offering statement required under subsection (b), the purchaser shall have seven days from the date of delivery of the notice to exercise the purchaser's right of refund and cancellation of obligation, after which period such right shall be deemed waived.

(d) The requirements of subsections (b) and (c) shall apply only to purchasers who sign a binding sales contract before the issuance of a final order of registration. The requirements of subsections (b) and (c) do not apply to prospective purchasers holding a reservation agreement which may be canceled at the request of the purchaser at any time prior to the execution by the prospective purchaser of a sales contract, or to persons who sign a sales contract or reservation agreement after the issuance of a final order by the director. [L 1983, c 175, pt of §8; am L 1992, c 132, §9]
Haw. Rev. Stat. § 489-2 — HI Code / Division 2 / Title 26 / Chapter 489 / Section 489-2
Definitions.
Status: in_force

As used in this chapter:

"Disability" means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. The term does not include alcohol or drug use that impairs a person's activities or threatens the property or safety of others.

"Gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth.

"Person" has the meaning prescribed in section 1-19 and includes a legal representative, partnership, receiver, trust, trustee, trustee in bankruptcy, the State, or any governmental entity or agency.

"Place of public accommodation" means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the general public as customers, clients, or visitors. By way of example, but not of limitation, place of public accommodation includes facilities of the following types:

(1) A facility providing services relating to travel or transportation;

(2) An inn, hotel, motel, or other establishment that provides lodging to transient guests;

(3) A restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises of a retail establishment;

(4) A shopping center or any establishment that sells goods or services at retail;

(5) An establishment licensed under chapter 281 doing business under a class 4, 5, 7, 8, 9, 10, 11, or 12 license, as defined in section 281-31;

(6) A motion picture theater, other theater, auditorium, convention center, lecture hall, concert hall, sports arena, stadium, or other place of exhibition or entertainment;

(7) A barber shop, beauty shop, bathhouse, swimming pool, gymnasium, reducing or massage salon, or other establishment conducted to serve the health, appearance, or physical condition of persons;

(8) A park, a campsite, or trailer facility, or other recreation facility;

(9) A comfort station; or a dispensary, clinic, hospital, convalescent home, or other institution for the infirm;

(10) A professional office of a health care provider, as defined in section 323D-2, or other similar service establishment;

(11) A mortuary or undertaking establishment; and

(12) An establishment that is physically located within the premises of an establishment otherwise covered by this definition, or within the premises of which is physically located a covered establishment, and which holds itself out as serving patrons of the covered establishment.

No place of public accommodation defined in this section shall be requested to reconstruct any facility or part thereof to comply with this chapter.

"Service animal" means the same as defined in section 347-2.5.

"Sexual orientation" means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of these preferences, or being identified with any one or more of these preferences. "Sexual orientation" shall not be construed to protect conduct otherwise proscribed by law. [L 1986, c 292, pt of §1; am L 1990, c 210, §1; am L 1992, c 33, §5; am L 2006, c 76, §2; am L 2018, c 217, §7]
Haw. Rev. Stat. § 482D-5 — HI Code / Division 2 / Title 26 / Chapter 482D / Section 482D-5
Identifying plated articles; words "gold", "karat gold", "solid gold", "ster", "sterling", "sterling silver", or "coin silver" forbidden.
Status: in_force

No article made in whole or in part of an inferior metal, having deposited or plated thereon or brazed or otherwise affixed thereto a plating, covering, or sheet composed of gold or silver, or of an alloy of either of these metals, and known in the market as rolled gold plate, gold plate, gold filled, silver plate, or by any similar designation, shall be stamped with any word or mark to indicate the fineness of gold including the word "gold", "solid gold", or "karat gold" unless the word or mark is accompanied by other words, plainly indicating that the article or part thereof is made of rolled gold plate, gold plate, or gold electroplate, or is gold filled, as the case may be, and no such article shall be stamped with the word "ster", "sterling", "sterling silver", or the word "coin silver" either alone or in conjunction with other words or marks.
Haw. Rev. Stat. § 480-12 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-12
Contracts void.
Status: in_force

Any contract or agreement in violation of this chapter is void and is not enforceable at law or in equity.
Haw. Rev. Stat. § 489P-6 — HI Code / Division 2 / Title 26 / Chapter 489P / Section 489P-6
Violation, penalties.
Status: in_force

(a) A person who violates any provision of this chapter shall be subject to penalties of not more than $2,500 for each violation. The attorney general or the executive director of the office of consumer protection may bring an action pursuant to this section.

(b) In addition to any penalty provided for in subsection (a), any person who violates any provision of this chapter shall be liable to the injured party in an amount equal to the sum of any actual damages sustained by the injured party as a result of the violation. The court in any action brought under this section may award reasonable attorneys' fees to the prevailing party.

(c) The penalties provided in this section shall be cumulative to the remedies or penalties available under all other laws of the State. [L 2006, c 138, pt of §1]
Haw. Rev. Stat. § 486-52 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-52
Measurement standard; exemptions.
Status: in_force

(a) Any petroleum product that is in a liquid state under conditions of seven hundred sixty millimeters of Hg at sixty degrees Fahrenheit shall be measured in terms of the U.S. petroleum gallon, its multiple or decimal submultiples, or compatible units of the SI as established by rule of the board.

(b) Any petroleum product that is in a vapor state under conditions of 258.575 millimeters or less of Hg at sixty degrees Fahrenheit shall be measured in terms of cubic feet or in terms of a U.S. petroleum gallon, their multiples or decimal submultiples, or compatible units of the SI as established by rule of the board.

(c) Any device required to automatically compensate for temperature shall only apply to metered sales of liquid petroleum products that have a rated capacity of two hundred gallons per minute or more; provided that whenever a partial compartment or partial tank truck load is delivered, it shall be delivered through a meter that meets the requirements specified in rules adopted by the department.

(d) Any hydrogen fuel product shall be exempt from this section.

(e) For the purposes of this section, "hydrogen fuel" means hydrogen with a fuel index of ninety-nine per cent or higher in vapor or liquid state to be used as fuel. [L 1988, c 156, pt of §3; am L 1995, c 146, §2; am L 2021, c 135, §1]
Haw. Rev. Stat. § 489D-10 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-10
Application and license fees.
Status: in_force

(a) Each application shall be accompanied by:

(1) A nonrefundable application fee in the amount of $5,000; and

(2) An initial annual license fee of $5,000.

(b) The license fee shall be refunded if the application is denied. [L 2006, c 153, pt of §1; am L 2008, c 195, §6; am L 2013, c 167, §6]
Haw. Rev. Stat. § 485A-806 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-806
Delaying disbursements or transactions.
Status: in_force

(a) A qualified person may delay a disbursement from, or a transaction in connection with, an account of an elder or a vulnerable adult, or an account on which an elder or a vulnerable adult is a beneficiary, if:

(1) The qualified person reasonably believes that the requested disbursement or transaction may result in financial exploitation of the elder or vulnerable adult after initiating an internal review of the requested disbursement or transaction and the suspected financial exploitation; and

(2) The qualified person:

(A) Immediately, but in no event more than two business days after the requested disbursement or transaction is delayed, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any party is reasonably believed to have engaged in suspected or attempted financial exploitation of the elder or vulnerable adult;

(B) Immediately, but in no event more than two business days after the requested disbursement or transaction is delayed, notifies the commissioner; and

(C) Continues its internal review of the suspected or attempted financial exploitation of the elder or vulnerable adult, as necessary, and provides status updates to the commissioner upon request.

(b) Any delay of a requested disbursement or transaction as authorized by this section shall expire upon the sooner of:

(1) A determination by the qualified person that the requested disbursement or transaction will not result in financial exploitation of the elder or vulnerable adult; or

(2) Fifteen business days after the date on which the qualified person first delayed the requested disbursement or transaction, unless the commissioner requests that the qualified person extend the delay, in which case the delay shall expire no later than twenty-five business days after the date on which the qualified person first delayed the requested disbursement or transaction, unless sooner terminated or further extended by the commissioner or by an order of a court of competent jurisdiction.

(c) A court of competent jurisdiction may enter an order extending the delay of the requested disbursement or transaction, or may order other protective relief based on the petition of the commissioner, the qualified person who initiated the delay under this section, or other interested party. [L 2021, c 54, pt of §1]
Haw. Rev. Stat. § 489E-15 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-15
Time and place of sending and receipt.
Status: in_force

(a) Unless the sender and recipient agree to a different method of sending that is reasonable under the circumstances, an electronic record is sent when it:

(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

(2) Is in a form capable of being processed by that system; and

(3) Enters an information processing system outside the control of the sender or of a person who sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

(b) Unless the sender and recipient agree to a different method of receiving that is reasonable under the circumstances, an electronic record is received when:

(1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and

(2) It is in a form capable of being processed by that system.

(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).

(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules shall apply:

(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction;

(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be; and

(3) Notwithstanding any other provision of this chapter, if an individual enters into a transaction for personal, family, or household purposes that is created or documented by an electronic record, the transaction shall be deemed to have been made or to have occurred at the individual's residence.

This subsection is not variable by agreement.

(e) An electronic record is received under subsection (b) even if no individual is aware of its receipt.

(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

(g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.

(h) Notwithstanding any other section of this chapter, a record has not been received unless it is received by the intended recipient in a manner in which it can be opened and read by that recipient.

(i) If a law other than this chapter requires that a notice of the right to cancel be provided or sent, an electronic record may not substitute for a writing under the other law unless, in addition to satisfying the requirements of the other law and this chapter, the notice of cancellation may be returned by electronic means. This subsection may not be varied by agreement. [L 2000, c 282, pt of §1]
Haw. Rev. Stat. § 481M-16 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-16
Written receipts for cash or money order.
Status: in_force

A lessor shall provide the lessee a written receipt for each payment made by cash or money order.
Haw. Rev. Stat. § 481C-4 — HI Code / Division 2 / Title 26 / Chapter 481C / Section 481C-4
Penalties.
Status: in_force

(a) Any seller who engages in an unfair or deceptive act or practice in violation of this chapter, shall be fined by a sum of not less than $500 nor more than $2,500 for each unfair or deceptive act or practice, which sum shall be collected in a civil suit brought by the office of consumer protection.

(b) If a seller engages in an unfair or deceptive act in violation of this chapter, the contract referred to in section 481C-1 shall be unenforceable by the seller. [L 1976, c 32, pt of §5]
Haw. Rev. Stat. § 487A-4 — HI Code / Division 2 / Title 26 / Chapter 487A / Section 487A-4
Exempt transactions.
Status: in_force

This chapter shall not apply to any contract of insurance issued in this State.
Haw. Rev. Stat. § 489N-4 — HI Code / Division 2 / Title 26 / Chapter 489N / Section 489N-4
Penalties.
Status: in_force

(a) Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2(a).

(b) A wilful violation of this chapter shall be punishable by a fine of up to $500 and up to thirty days imprisonment. [L 2003, c 149, pt of §1]
Haw. Rev. Stat. § 486-32 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-32
Offenses and penalties.
Status: in_force

(a) Criminal. Any person who performs any one of the acts enumerated in this subsection shall be guilty of a misdemeanor:

(1) Use or have in possession a device or measure or measurement standard which has been altered to facilitate fraud;

(2) Counterfeit, or remove from any measure or measurement standard, any tag, seal, or mark placed thereon by the appropriate authority; or

(3) Manipulate in any manner the representation of the quantity of any commodity, thing, or service furnished, delivered, or provided to the unjust enrichment of the person.

(b) Civil. Any person who performs any one of the acts enumerated in this subsection shall be fined not more than $2,000 for each separate offense:

(1) Use, or have in possession for use in commerce an incorrect device, measure, or measurement standard;

(2) Dispose of any rejected or condemned measure or measurement standard in a manner contrary to law or rule;

(3) Sell, or offer or expose for sale, less than the quantity the person represents of any commodity, thing, or service;

(4) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any commodity, thing, or service in a condition or manner contrary to law or rule;

(5) Fail to submit a weighing or measuring device for inspection and testing at a time and place specified by the administrator; or

(6) Violate any provision of this chapter or any rules adopted under it for which a specific penalty has not been prescribed. [L 1988, c 156, pt of §3; am L 1991, c 153, §18; am L 1993, c 54, §3]
Haw. Rev. Stat. § 489D-13 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-13
Licensee liability.
Status: in_force

A licensee's responsibility to any person for a money transmission conducted on that person's behalf by the licensee or the licensee's authorized delegate shall be limited to the amount of money transmitted, the face amount, or the purchase amount of the payment instrument.
Haw. Rev. Stat. § 481P-1 — HI Code / Division 2 / Title 26 / Chapter 481P / Section 481P-1
Definitions.
Status: in_force

Whenever used in this chapter, unless the context requires otherwise:

"Consumer" or "purchaser" means a person who is, or may be, required to pay for goods or services offered by a seller or telephone solicitor through telemarketing and includes but is not limited to a consumer as defined in section 480-1.

"Express verifiable authorization" means express written authorization by the consumer, including but not limited to the consumer's signature on a negotiable instrument, that specifically authorizes the seller or telephone solicitor to obtain payment from a consumer's checking, savings, or bank card account.

"Goods or services" means any real property or any tangible or intangible personal property or services of any kind provided or offered to a consumer.

"Investment opportunity" means anything tangible or intangible, that is offered for sale, sold, or traded based wholly or in part on representations, either express or implied, about past, present, or future income, profit, or appreciation.

"Material" means any factor likely to affect a person's choice of, or conduct regarding, goods or services.

"Outbound telephone call" means a telephone call initiated by a seller or telephone solicitor to induce the purchase of goods or services.

"Payment" means anything of value, including any interest, benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible.

"Prize" means anything offered or purportedly offered and given or purportedly given to a consumer by chance.

"Prize promotion" means a sweepstakes or other game of chance or an oral or written representation that a consumer has won, has been selected to receive, or is eligible to receive a prize or purported prize.

"Recovery service" means any business or other practice in which a person represents or implies that, for a fee, any amount a consumer has paid out to a seller or telephone solicitor may be recovered.

"Seller" means any person, who, in connection with a telemarketing transaction, solicits funds or contributions, or arranges for a telephone solicitor to solicit funds or contributions, or provides, offers to provide, or arranges for others to provide goods or services to the consumer in exchange for consideration.

"Telemarketing" means a plan, program, or campaign, including a prize promotion or investment opportunity, that is conducted to induce the purchase of goods or services or to solicit funds or contributions by use of one or more telephones and that involves more than one telephone call.

"Telephone solicitor" means any person who in connection with telemarketing, initiates or receives telephone calls to or from a consumer, where either or both parties to the telephone call are located in this State. [L 1999, c 170, pt of §1]
Haw. Rev. Stat. § 481M-9 — HI Code / Division 2 / Title 26 / Chapter 481M / Section 481M-9
Unfair or deceptive acts or practices.
Status: in_force

Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice within the meaning of section 480-2.
Haw. Rev. Stat. § 486J-4 — HI Code / Division 2 / Title 26 / Chapter 486J / Section 486J-4
§§486J-4 to 5.
Status: repealed

§§486J-4 to 5.3 REPEALED. L 2010, c 152, §§9 to 12.
Haw. Rev. Stat. § 489-9 — HI Code / Division 2 / Title 26 / Chapter 489 / Section 489-9
Motion picture theater accommodation.
Status: in_force

(a) A public accommodation that owns, leases, leases to, or operates a motion picture theater in more than two locations in the State shall provide open movie captioning during at least two showings per week of each motion picture that is produced and offered with open movie captioning.

(b) A public accommodation that owns, leases, leases to, or operates a motion picture theater in the State shall provide, upon request, audio description of any motion picture that is produced and offered with audio description.

(c) A violation of this section shall be a discriminatory practice.

(d) This section shall apply to motion pictures that are produced and distributed with the necessary auxiliary aids and services, including captioning and audio description. This section shall not prohibit the showing of a motion picture that is produced and distributed without captioning and audio description; provided that a public accommodation that owns, leases, leases to, or operates a motion picture theater shall provide notice to the public if a motion picture offered for viewing is produced and distributed without captioning or audio description.

(e) For the purposes of this section, "motion picture theater" means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture. [L 2015, c 39, §§1, 3; am L 2017, c 211, §§1, 2; am L 2019, c 154, §§1, 2]
Haw. Rev. Stat. § 485A-408 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-408
Termination of employment or association of agent and investment adviser representative; transfer of employment or association.
Status: in_force

(a) If an agent registered under this chapter terminates employment or association with a broker-dealer or issuer ; or if an investment adviser representative registered under this chapter terminates employment or association with an investment adviser or federal covered investment adviser ; or if either registrant terminates activities that require registration as an agent or investment adviser representative, the broker-dealer, issuer, investment adviser, or federal covered investment adviser shall promptly file a notice of termination with the commissioner. If the registrant learns that the broker-dealer, issuer, investment adviser, or federal covered investment adviser has not filed the notice, the registrant shall promptly notify the broker-dealer, issuer, investment adviser or federal covered investment adviser, to do so.

(b) If an agent registered under this chapter terminates employment or association with a broker-dealer registered under this chapter and begins employment or association with another broker-dealer registered under this chapter; or if an investment adviser representative registered under this chapter terminates employment or association with an investment adviser registered under this chapter or a federal covered investment adviser that has filed a notice under section 485A-405 and begins employment by or association with another investment adviser registered under this chapter or a federal covered investment adviser that has filed a notice under section 485A-405; then upon the filing by or on behalf of the registrant, within thirty days after the termination, of an application for registration that complies with the requirement of section 485A-406(a) and payment of the filing fee required under section 485A-410, the registration of the agent or investment adviser representative shall be:

(1) Immediately effective as of the date of the completed filing, if the agent's Central Registration Depository record or successor record or the investment adviser representative's Investment Adviser Registration Depository record or successor record does not contain any new or amended disciplinary actions or proceedings within the previous twelve months; or

(2) Temporarily effective as of the date of the completed filing, if the agent's Central Registration Depository record or successor record or the investment adviser representative's Investment Adviser Registration Depository record or successor record contains any new or amended disciplinary actions or proceedings within the preceding twelve months.

(c) The commissioner may withdraw a temporary registration if there are or were grounds for discipline as specified in section 485A-412 and the commissioner does so within thirty days after the filing of the application. If the commissioner does not withdraw the temporary registration within the thirty-day period, registration becomes automatically effective on the thirty-first day after filing.

(d) The commissioner may prevent the effectiveness of a transfer of an agent or investment adviser representative under subsection (b)(1) or (2) based on the public interest and the protection of investors.

(e) If the commissioner determines that a registrant or applicant for registration is no longer in existence or has ceased to act as a broker-dealer, agent, investment adviser, or investment adviser representative, or is the subject of an adjudication of incapacity or is subject to the control of a committee, conservator, or guardian, or cannot reasonably be located, a rule adopted or order issued under this chapter may require the registration be canceled or terminated or the application denied. The commissioner may reinstate a canceled or terminated registration, with or without hearing, and may make the registration retroactive. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 480-19 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-19
Additional parties defendant.
Status: in_force

Whenever it appears to the court before which any civil proceeding under this chapter is pending that the ends of justice require that other parties be brought before the court, the court may cause them to be made parties defendant and summoned, whether or not they reside, engage in business, or have an agent, in the circuit where the action is pending.
Haw. Rev. Stat. § 489N-1 — HI Code / Division 2 / Title 26 / Chapter 489N / Section 489N-1
Definitions.
Status: in_force

As used in this chapter:

"Hawaii resident" includes aliens lawfully admitted for permanent residence and residing in Hawaii.

"International matchmaking organization" means a corporation, partnership, or other legal entity, whether or not organized under the laws of the United States or any state, that does business in the United States and for profit offers to residents of this State, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who are not residing in the United States, by:

(1) An exchange of names, telephone numbers, addresses, or statistics;

(2) Selection of photographs; or

(3) A social environment provided by the organization in a country other than the United States.

"Marital history information" means a declaration of a Hawaii resident's current marital status, the number of times the Hawaii resident has previously been married, the number of domestic abuse orders of protection issued against the Hawaii resident, and whether any previous marriages by the Hawaii resident occurred as a result of receiving services from an international matchmaking organization.

"Recruit" means a noncitizen, nonresident person, recruited by an international matchmaking organization for the purpose of providing dating, matrimonial, or social referral services. [L 2003, c 149, pt of §1; am L 2006, c 74, §1]
Haw. Rev. Stat. § 485A-403 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-403
Investment adviser registration requirement and exemptions.
Status: in_force

(a) It is unlawful for a person to transact business in this State as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an investment adviser under subsection (b).

(b) The following persons are exempt from the registration requirement of subsection (a):

(1) A person without a place of business in this State that is registered under the securities act of the state in which the person has its principal place of business if its only clients in this State are:

(A) Federal covered investment advisers, investment advisers registered under this chapter, or broker-dealers registered under this chapter;

(B) Institutional investors;

(C) Bona fide preexisting clients whose principal places of residence are not in this State if the investment adviser is registered under the securities act of the state in which the clients maintain principal places of residence; or

(D) Any other client exempted by rule adopted or order issued under this chapter;

(2) A person without a place of business in this State if the person has had, during the preceding twelve months, not more than five clients that are residents of this State in addition to those specified under paragraph (1); or

(3) Any other person exempted by rule adopted or order issued under this chapter.

(c) It is unlawful for an investment adviser, directly or indirectly, to employ or associate with an individual to engage in an activity related to investment advice in this State if the registration of the individual is suspended or revoked or the individual is barred from employment or association with an investment adviser, federal covered investment adviser, or broker-dealer by an order under this chapter, the Securities and Exchange Commission, or a self-regulatory organization, unless the investment adviser did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation, or bar. Upon request from the investment adviser and for good cause, the commissioner, by order, may waive, in whole or in part, the application of the prohibitions of this subsection to the investment adviser.

(d) It is unlawful for an investment adviser to employ or associate with an individual required to be registered under this chapter as an investment adviser representative who transacts business in this State on behalf of the investment adviser unless the individual is registered under section 485A-404(a) or is exempt from registration under section 485A-404(b). [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 489D-31 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-31
Administrative procedures.
Status: in_force

All administrative proceedings under this chapter shall be conducted in accordance with chapter 91.
Haw. Rev. Stat. § 485A-605 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-605
Venue.
Status: in_force

Any action brought by the commissioner under this chapter may be brought in any circuit in the State at the commissioner's discretion. Any other action under this chapter shall be brought in the circuit of the plaintiff's residence or in the circuit in which the commissioner has the commissioner's office.
Haw. Rev. Stat. § 480-3 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-3
Interpretation.
Status: in_force

This chapter shall be construed in accordance with judicial interpretations of similar federal antitrust statutes, except that lawsuits by indirect purchasers may be brought as provided in this chapter.
Haw. Rev. Stat. § 487-8 — HI Code / Division 2 / Title 26 / Chapter 487 / Section 487-8
Powers and duties of other departments and agencies.
Status: in_force

Nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers and duties prescribed by law for any other department or agency of the State, nor to interrupt or preclude the direct relationships of any such department or agency or units of county government in the performance of such functions, powers and duties.
Haw. Rev. Stat. § 489E-7 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-7
Legal recognition of electronic records, electronic signatures, and electronic contracts.
Status: in_force

(a) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form.

(b) A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(c) If a law requires a record to be in writing, an electronic record satisfies the law.

(d) If a law requires a signature, an electronic signature satisfies the law. [L 2000, c 282, pt of §1]
Haw. Rev. Stat. § 481-25 — HI Code / Division 2 / Title 26 / Chapter 481 / Section 481-25
Additional display requirements.
Status: in_force

Any person who represents by sign, window display, label, advertising, or by any other means, that the person sells goods sold by or manufactured for the government of the United States or any agency or department thereof, and who also sells other goods, shall specifically distinguish the two classes of merchandise by individual label on item of goods displayed for sale or by segregation into labeled bins, compartments, or areas.
Haw. Rev. Stat. § 486P-3 — HI Code / Division 2 / Title 26 / Chapter 486P / Section 486P-3
Penalties.
Status: in_force

(a) The attorney general may bring a civil action against any entity that fails to file the reports required under this chapter.

(b) The attorney general may bring a civil action against any entity engaged in the business of manufacturing, wholesaling, distributing, importing, or dealing in cigarettes or tobacco products who fails to provide the information that the department of the attorney general may deem necessary, for the proper administration of this chapter or chapter 675.

(c) Notwithstanding the existence of other remedies at law, the attorney general may apply for a temporary or permanent injunction restraining any entity from the sale, use, possession, acquisition, receipt, transportation, or distribution of cigarettes manufactured by a tobacco product manufacturer who knowingly fails to report, provide information, or meet the certification requirements of this chapter. The injunction shall be issued without bond.

(d) The State shall be awarded its attorney's fees and expenses incurred in prosecuting violations of this chapter. [L 2000, c 170, pt of §1; am L 2001, c 270, §13; am L 2003, c 77, §8]
Haw. Rev. Stat. § 486-51 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-51
Applicability.
Status: in_force

(a) Petroleum products accounting and the measurement requirements herein shall apply to the blending, charging, dealing, dispensing, distributing, exchanging, exporting, handling, importing, labeling, loading, manufacturing, marketing, measuring, packaging, piping, processing, reprocessing, producing, refining, or re-refining, retailing, selling, transporting, taxing, or wholesaling, or to any of the variant forms of the above or to the person, equipment, measurements, and calculations incident to such actions or activities involving petroleum products.

(b) Petroleum products inspection shall apply to all petroleum products kept, offered, or exposed for sales. [L 1988, c 156, pt of §3; am L 1991, c 153, §20]
Haw. Rev. Stat. § 487N-1 — HI Code / Division 2 / Title 26 / Chapter 487N / Section 487N-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized, and whether or not organized to operate at a profit. The term includes a financial institution organized, chartered, or holding a license or authorization certificate under the laws of the State, any other state, the United States, or any other country, or the parent or the subsidiary of any such financial institution. The term also includes an entity whose business is records destruction.

"Council" means the information privacy and security council established under section 487N-5.

"Encryption" or "encrypted" means the use of an algorithmic process to transform data into a form in which the data is rendered unreadable or unusable without the use of a confidential process or key.

"Government agency" means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county.

"Personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:

(1) Social security number;

(2) Driver's license number or Hawaii identification card number; or

(3) Account number, credit or debit card number, access code, or password that would permit access to an individual's financial account.

"Personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

"Records" means any material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.

"Redacted" means the rendering of data so that it is unreadable or is truncated so that no more than the last four digits of the identification number are accessible as part of the data.

"Security breach" means an incident of unauthorized access to and acquisition of unencrypted or unredacted records or data containing personal information where illegal use of the personal information has occurred, or is reasonably likely to occur and that creates a risk of harm to a person. Any incident of unauthorized access to and acquisition of encrypted records or data containing personal information along with the confidential process or key constitutes a security breach. Good faith acquisition of personal information by an employee or agent of the business for a legitimate purpose is not a security breach; provided that the personal information is not used for a purpose other than a lawful purpose of the business and is not subject to further unauthorized disclosure. [L 2006, c 135, pt of §2; am L 2008, c 19, §69; am L Sp 2008, c 10, §5]
Haw. Rev. Stat. § 480D-4 — HI Code / Division 2 / Title 26 / Chapter 480D / Section 480D-4
Enforcement.
Status: in_force

(a) Except as provided in subsection (b), any person who engages in any practice prohibited by this chapter shall be deemed to have engaged in an unfair method of competition or unfair and deceptive acts or practices in the conduct of any trade or commerce within the meaning of section 480-2.

(b) In any case involving violations of section 480D-3(3) or (8), the debt collector shall not be subject to the provisions of subsection (a) if the debt collector can prove that the violation resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such error. Examples of bona fide error include, but are not limited to, clerical miscalculations, computer malfunction, printing errors, and computer programming errors. If bona fide error is proven, the debt collector shall:

(1) Correct the error as expeditiously as possible and make every reasonable effort to correct any consequences of that error; and

(2) Be liable for any actual damages suffered by the consumer including the time and expense required to correct the error.

A court may award reasonable attorney's fees and costs incurred by the consumer in insuring that the error and its consequences are corrected. [L 1987, c 191, pt of §2]
Haw. Rev. Stat. § 482D-1 — HI Code / Division 2 / Title 26 / Chapter 482D / Section 482D-1
Definitions.
Status: in_force

As used in this chapter:

"Article" or "article of merchandise" means any goods, wares, works of art, commodities, or other things which may be lawfully kept or offered for sale, imported into, or exported from the State.

"Person" means an individual, partnership, corporation, or any other form of business enterprise, capable of being in violation of this chapter.

"Stamped" means branded, engraved, or printed on the article or upon any sign, tag, card, label, box, package, cover, or wrapper used to encase, enclose, display or promote the article.

"Test" means analysis or assay to determine the fineness of the gold, silver, or alloy.

"Trademark" shall include any trademark or trade name duly registered under the laws of the United States. [L 1990, c 343, pt of §2; am L 2008, c 19, §45]
Haw. Rev. Stat. § 489D-24 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-24
Suspension or revocation of licenses.
Status: in_force

The commissioner may suspend or revoke a license if the commissioner finds that:

(1) Any fact or condition exists that, if it had existed at the time when the licensee applied for its license, would have been grounds for denying the licensee's application;

(2) The licensee's net worth becomes inadequate and the licensee, after ten days written notice from the commissioner, fails to take steps as the commissioner deems necessary to remedy a deficiency;

(3) The licensee knowingly violates any material provision of this chapter or any rule or order validly adopted by the commissioner under authority of this chapter;

(4) The licensee is conducting its business in an unsafe or unsound manner;

(5) The licensee is insolvent;

(6) The licensee has suspended payment of its obligations, has made an assignment for the benefit of its creditors, or has admitted, in writing, its inability to pay its debts as they become due;

(7) The licensee has filed for bankruptcy, reorganization, arrangement, or other relief under any bankruptcy law;

(8) The licensee refuses to permit the commissioner to make any examination authorized by this chapter; or

(9) The competence, experience, character, or general fitness of the licensee indicates that it is not in the public interest to allow the licensee to have a license. [L 2006, c 153, pt of §1]
Haw. Rev. Stat. § 486K-10 — HI Code / Division 2 / Title 26 / Chapter 486K / Section 486K-10
Registration required.
Status: in_force

Every keeper covered by this chapter shall keep and maintain or cause to be maintained a register in which shall be inscribed the name of each and every guest renting or occupying a bedroom or apartment in such hotel. Such register shall be preserved for a period of not less than six months from the date of departure.
Haw. Rev. Stat. § 482D-11 — HI Code / Division 2 / Title 26 / Chapter 482D / Section 482D-11
Jurisdiction of civil actions.
Status: in_force

The circuit courts shall have exclusive original jurisdiction of any civil action arising under the provisions of this chapter.
Haw. Rev. Stat. § 489E-6 — HI Code / Division 2 / Title 26 / Chapter 489E / Section 489E-6
Construction and application.
Status: in_force

This chapter shall be construed and applied:

(1) To facilitate electronic transactions consistent with other applicable law;

(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

(3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [L 2000, c 282, pt of §1]
Haw. Rev. Stat. § 482E-4 — HI Code / Division 2 / Title 26 / Chapter 482E / Section 482E-4
Exemptions.
Status: in_force

(a) Sections 482E-3, 482E-5(a) and 482E-5(c) shall not apply to:

(1) Any transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator.

(2) Any offer or sale to a bank, savings institution, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, pension or profit sharing trust, or other financial institution or institutional buyer or to a broker dealer where the purchaser is acting for itself or in some fiduciary capacity.

(3) Any motor vehicle franchise subject to chapter 437.

(4) The offer or sale to a franchisee or prospective franchisee where the franchisee or prospective franchisee is not domiciled in this State and where the franchise business will not be operated in this State.

(5) The extension or renewal of an existing franchise or the exchange or substitution of a modified or amended franchise agreement or the transfer of the location of a franchise where there is no interruption in the operation of the franchise business of the franchisee, and no material change in the franchise relationship.

(6) The offer or sale of an additional franchise to an existing franchisee of the same franchisor.

(7) The offer or sale of a franchise by a franchisee for the franchisee's own account, or the issuance of a new franchise agreement pursuant to a sale by a franchisee for the franchisee's own account, if the sale is an isolated sale and not part of a plan of distribution of franchises.

(b) The director may by rule or order exempt from sections 482E-3, 482E-5(a) and 482E-5(c) in whole or in part, any transaction or person, firm, corporation, or industry. In determining whether such exemption shall issue, the director shall consider whether information which would be required to be disclosed would be material in determining whether the prospective franchise has a reasonable chance of success and whether the exemption is in the public interest. [L 1974, c 18, pt of §1; am L 1976, c 200, pt of §1; am L 1978, c 242, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Haw. Rev. Stat. § 481J-6 — HI Code / Division 2 / Title 26 / Chapter 481J / Section 481J-6
Failure to honor warranty.
Status: in_force

(a) If the dealer or its agent fails to correct a defect or malfunction as required by the warranty specified in section 481J-2 after a reasonable period of time, the dealer shall accept return of the used motor vehicle from the consumer and refund the full purchase price, including general excise tax, less a reasonable allowance for any damage not attributable to normal wear or usage, and with an adjustment for any modifications which either increase or decrease the market value of the vehicle. A reasonable allowance for use shall be fifteen cents for each mile the used motor vehicle has been operated between its sale and its return.

(b) It shall be presumed that a dealer has had a reasonable opportunity to correct a defect or malfunction in a used motor vehicle if the dealer fails to repair the same defect or malfunction within three attempts, or if the used motor vehicle is out of service for more than a cumulative total of ten business days after the consumer has returned it to the dealer for repair.

(c) A used motor vehicle shall not be considered out of service for purposes of the ten-business-day period described in subsection (b) for any day in which a part necessary to repair a defect or malfunction complained of is not in the dealer's possession; provided that the dealer has ordered the part by reasonable means on the same day on which the dealer knew or should have known that the part was necessary, except that in no event shall a part's unavailability operate to toll the ten-business-day period for more than twenty-one days. The applicable warranty period shall be extended by the number of days a part is unavailable.

(d) In determining the purchase price to be refunded, the purchase price shall be deemed equal to the sum of the actual cash difference paid for the used motor vehicle, plus return of any vehicles traded in at the time of purchase. If the dealer elects to not return any vehicles traded in by the consumer, or is unable to return such vehicles in substantially the same condition as received from the consumer, the dealer shall pay the consumer the wholesale value of any such traded-in vehicles as listed in the National Automobile Dealers' Association Used Car Guide, or such other guide as may be specified in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, as adjusted for mileage, improvements, and any major physical or mechanical defects in the vehicle at the time of trade-in.

(e) The dealer selling the used motor vehicle shall deliver to the consumer a written notice either attached to or within the contract of sale containing conspicuous language indicating that if the consumer should be entitled to a refund pursuant to this section, the value of any vehicle traded in by the consumer will be determined by the method described in subsection (d), rather than the value listed in the sales contract.

(f) Refunds shall be made to the consumer and lienholder, if any, as their interests may appear on the records of ownership kept by the county director of finance.

(g) Alternatively, the dealer may elect to offer to replace the used motor vehicle with a comparably priced vehicle, with such adjustment in price as the parties may agree to. The consumer shall not be obligated to accept a replacement vehicle, but may instead elect to receive the refund provided under this section. [L 1994, c 224, pt of §1; am L 2008, c 19, §25]
Haw. Rev. Stat. § 481A-3 — HI Code / Division 2 / Title 26 / Chapter 481A / Section 481A-3
Deceptive trade practices.
Status: in_force

(a) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

(1) Passes off goods or services as those of another;

(2) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(3) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another;

(4) Uses deceptive representations or designations of geographic origin in connection with goods or services;

(5) Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have;

(6) Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

(7) Represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(8) Disparages the goods, services, or business of another by false or misleading representation of fact;

(9) Advertises goods or services with intent not to sell them as advertised;

(10) Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(11) Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or

(12) Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.

(b) In order to prevail in an action under this chapter, a complainant need not prove competition between the parties or actual confusion or misunderstanding.

(c) This section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this State. [L 1969, c 187, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 480-9 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-9
Monopolization.
Status: in_force

No person shall monopolize, or attempt to monopolize, or combine or conspire with any other person to monopolize any part of the trade or commerce in any commodity in any section of the State.
Haw. Rev. Stat. § 480-23.3 — HI Code / Division 2 / Title 26 / Chapter 480 / Section 480-23.3
Transactional immunity.
Status: in_force

If a person is ordered to testify or produce a record, document, or other object under this chapter and the order specified that the person is granted transactional immunity pursuant to this section, such person shall not be prosecuted or punished in any criminal action or proceeding for or on account of any act, transaction, matter, or thing concerning which the person is so ordered to testify or produce a record, document, or other object, except that the person may be prosecuted for perjury, for giving a false statement, or for an offense involving a failure to comply with the order.
Haw. Rev. Stat. § 476-30 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-30
Territorial application.
Status: in_force

(a) Except as otherwise provided in this section, this chapter applies to a credit sale entered into in this State. For the purposes of this chapter a credit sale is entered into in this State if:

(1) The contract does not provide for purchases to be made from time to time, and either a signed writing evidencing the obligation or offer of the buyer is received by the seller in this State, or the seller induces the buyer who is a resident of this State to enter into the transaction by face-to-face solicitation in this State; or

(2) The contract does provide for purchases to be made from time to time, and either the buyer's communication or indication of intention to enter into the contract is received by the seller in this State or, if no communication or indication of intention is given by the buyer before the first transaction, the seller's communication notifying the buyer of the privilege of making purchases is mailed in this State.

(b) A credit sale to which this chapter does not apply entered into with a buyer who is a resident of this State at the time of the credit sale is valid and enforceable in this State to the extent that it is valid and enforceable under the laws of another jurisdiction, but:

(1) A seller may not collect through actions or other proceedings in this State a finance charge exceeding the total amount permitted if section 476-28 were applicable; and

(2) A creditor may not enforce rights against the consumer in this State with respect to the provisions of agreements that violate section 476-5, 476-9, or 476-14 to 476-19.

(c) Except as provided in subsection (b), a credit sale entered into in another jurisdiction is valid and enforceable in this State according to its terms either to the extent that it is valid and enforceable under the laws of the other jurisdiction or to the extent that it is valid and enforceable under the laws of this State if the contract provides that it shall be governed by the laws of this State.

(d) For the purposes of this chapter, the residence of a buyer is the address given by the buyer as the buyer's residence in the contract signed by the buyer until the buyer notifies the seller of a different address as the buyer's residence, and is then the different address.

(e) Notwithstanding other provisions of this section:

(1) This chapter does not apply if the buyer is not a resident of this State at the time of a credit sale and the buyer and seller have agreed that the law of the buyer's residence applies; and

(2) This chapter applies if the buyer is a resident of this State at the time of a credit sale and the parties have agreed that the law of the buyer's residence applies.

(f) Each of the following agreements or provisions of an agreement by a buyer who is a resident of this State at the time of a credit sale is invalid with respect to the transaction:

(1) That the law of another jurisdiction apply;

(2) That the buyer consents to be subject to the process of another jurisdiction;

(3) That the buyer appoints an agent to receive service of process;

(4) That fixes venue; and

(5) That the buyer consents to the jurisdiction of a court that does not otherwise have jurisdiction. [L 1984, c 86, pt of §1]
Haw. Rev. Stat. § 486K-8 — HI Code / Division 2 / Title 26 / Chapter 486K / Section 486K-8
Extension of stay provision.
Status: in_force

Any guest who intentionally continues to occupy an assigned bedroom beyond the scheduled departure without the prior written approval of the keeper, shall be deemed a trespasser.
Haw. Rev. Stat. § 480E-7 — HI Code / Division 2 / Title 26 / Chapter 480E / Section 480E-7
Right to cancel a distressed property conveyance contract.
Status: reserved

(a) A distressed property conveyance contract shall contain, immediately before the space reserved for all the distressed property owners' signatures, the following notice of right to cancel a distressed property conveyance contract in a type size no smaller than fourteen-point boldface type, completed with the correct date and time of day on which the cancellation right ends:

"YOU MAY CANCEL THIS CONTRACT FOR THE SALE OF YOUR HOUSE, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE (Date and time of day). SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."

(b) A distressed property conveyance contract shall be accompanied by the following notice of cancellation form, in duplicate, attached to the contract and easily detachable, in a type size no smaller than fourteen-point boldface type, completed with the date the contract was last signed, the name of the distressed property purchaser, the address where notice of cancellation is to be delivered, and the correct date and time of day on which the cancellation right ends:

"NOTICE OF CANCELLATION

(Enter date contract last signed)

(Date)

YOU MAY CANCEL THIS CONTRACT FOR THE SALE OF YOUR HOME, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE THE LATER OF MIDNIGHT OF THE FIFTEENTH BUSINESS DAY FOLLOWING THE DAY ON WHICH THE LAST PARTY TO A DISTRESSED PROPERTY CONVEYANCE CONTRACT SIGNS THE DISTRESSED PROPERTY CONVEYANCE CONTRACT OR 5:00 P.M. ON THE LAST DAY OF THE PERIOD DURING WHICH ANY OWNER OF A DISTRESSED PROPERTY HAS THE RIGHT TO CURE THE DEFAULT UNDER HAWAII LAW.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS NOTICE OF CANCELLATION, OR ANY OTHER WRITTEN NOTICE OF CANCELLATION, TO (Name of distressed property purchaser) AT (Address where notice of cancellation is to be delivered) NOT LATER THAN (Enter date and time of day) .

I HEREBY CANCEL THIS TRANSACTION.

_________________________

(DATE)

_____________________________

(Seller's signature)"
Haw. Rev. Stat. § 484-9 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-9
Annual report.
Status: in_force

(a) Within thirty days after each annual anniversary date of an order registering subdivided lands, the subdivider shall file a report in the form prescribed by the rules of the director of commerce and consumer affairs. The report shall reflect any material changes in information contained in the original application for registration.

(b) The director at the director's option may permit the filing of annual reports within thirty days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration. [L 1967, c 223, §9; HRS §484-9; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985]
Haw. Rev. Stat. § 481J-7 — HI Code / Division 2 / Title 26 / Chapter 481J / Section 481J-7
Civil and administrative actions for violations.
Status: in_force

(a) A consumer of a used motor vehicle shall have a private right of action against a dealer to enforce this chapter and recover costs, including reasonable attorney's fees, incurred in the civil action.

(b) It shall be an affirmative defense to any claim under this section that:

(1) The alleged malfunction or defect does not substantially impair the use or safety of the used motor vehicle;

(2) The alleged malfunction or defect is the result of abuse, neglect, or unreasonable modifications or alterations of the used motor vehicle; or

(3) The alleged malfunction or defect was covered or warranted under an express warranty issued by the manufacturer of the used motor vehicle, and that such warranty issued by the manufacturer of the used motor vehicle was in effect during the warranty period established by this chapter.

(c) Any private civil action brought pursuant to this section shall be commenced within one year of the date of original delivery of the used motor vehicle to the consumer.

(d) Nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

(e) A dealer's failure to comply with any of the provisions of this chapter may result in disciplinary action pursuant to chapter 437, which may result in sanctions, including but not limited to suspension or revocation of license, and the imposition of fines or restitution. [L 1994, c 224, pt of §1; am L 2008, c 19, §26]
Haw. Rev. Stat. § 489P-4 — HI Code / Division 2 / Title 26 / Chapter 489P / Section 489P-4
Consumer reporting agency duties if security freeze in place.
Status: in_force

If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within thirty days of the change being posted to the consumer's file: name, date of birth, social security number, and address. Written confirmation shall not be required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and the former address.
Haw. Rev. Stat. § 482C-1 — HI Code / Division 2 / Title 26 / Chapter 482C / Section 482C-1
Unlawful transfer of recorded sounds.
Status: in_force

It shall be unlawful for any individual, firm, partnership, corporation or association to transfer or cause to be transferred, without the consent of the person who owns the master phonograph record, master disc, master wire, master tape, master film or other device or article from which the sounds are derived, any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, with intent to sell or cause to be sold, or use or cause to be used for profit through public performance the article onto which such sounds are recorded.
Haw. Rev. Stat. § 489D-20 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-20
Money transmitter receipts and refunds.
Status: in_force

(a) Each licensee who receives money or monetary value for transmission and the licensee's authorized delegates shall transmit the monetary equivalent of all money or equivalent value received from a customer for transmission, net of any fees, or issue instructions committing the money or its monetary equivalent, to the person designated by the customer within ten business days after receiving the money or equivalent value, unless otherwise ordered by the customer or unless the licensee or its authorized delegate has reason to believe that a crime has occurred, is occurring, or may occur as a result of transmitting the money.

(b) Each licensee who receives money or monetary value for transmission and the licensee's authorized delegates shall provide a receipt to the customer that clearly states the amount of money or equivalent value presented for transmission and the total of the fees charged by the licensee. If the rate of exchange for a money transmission to be paid in the currency of another country is fixed by the licensee for that transaction at the time the money transmission is initiated, the receipt provided to the customer shall disclose the rate of exchange for that transaction, and the duration, if any, for the payment to be made at that fixed rate of exchange. If the rate of exchange for a money transmission to be paid in the currency of another country is not fixed at the time the money transmission is sent, the receipt provided to the customer shall disclose that the rate of exchange for that transaction will be set at the time the recipient of the money transmission picks up the funds in the foreign country.

(c) For purposes of this section:

(1) Money is considered to have been transmitted when it is available to the person designated by the customer, whether or not the designated person has taken possession of the money;

(2) "Monetary equivalent", when used in connection with a money transmission in which the customer provides the licensee or its authorized delegate with the money of one government, and the designated recipient is to receive the money of another government, means the amount of money, in the currency of the government that the designated recipient is to receive, as converted at the retail exchange rate offered by the licensee or its authorized delegate to the customer in connection with the transaction; and

(3) "Fees" do not include revenue that a licensee or its authorized delegate generates, in connection with a money transmission, in converting the money of one government into the money of another government.

(d) Each licensee who receives money or monetary value for a money transmission and the licensee's authorized delegates shall refund to a customer all moneys received for transmittal within ten days of receipt of a written request for a refund unless any of the following occurs:

(1) The moneys have been transmitted and delivered to the person designated by the customer prior to receipt of the written request for a refund;

(2) Instructions have been given committing an equivalent amount of money to the person designated by the customer prior to receipt of a written request for a refund;

(3) The licensee or its authorized delegate has reason to believe that a crime has occurred, is occurring, or may occur as a result of transmitting the money as requested by the customer or refunding the money as requested by the customer; or

(4) The licensee is otherwise barred by law from making a refund. [L 2006, c 153, pt of §1]
Haw. Rev. Stat. § 485A-404 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-404
Investment adviser representative registration requirement and exemptions.
Status: in_force

(a) It is unlawful for an individual to transact business in this State as an investment adviser representative unless the individual is registered under this chapter as an investment adviser representative or is exempt from registration as an investment adviser representative under subsection (b).

(b) The following individuals are exempt from the registration requirement of subsection (a):

(1) An individual who is employed by or associated with an investment adviser that is exempt from registration under section 485A-403(b) or a federal covered investment adviser that is excluded from the notice filing requirements of section 485A-405; or

(2) Any other individual exempted by rule adopted or order issued under this chapter.

(c) The registration of an investment adviser representative is effective only while the investment adviser representative is employed by or associated with an investment adviser registered under this chapter or a federal covered investment adviser that has made or is required to make a notice filing under section 485A-405.

(d) If an individual transacts business as an investment adviser representative for more than one investment adviser or federal covered investment adviser, the investment advisers and federal covered investment advisers shall be jointly and severally liable for the business transactions of the investor adviser representative unless otherwise agreed to between the investment adviser representative, investment advisers, and federal covered investment adviser.

(e) It is unlawful for an individual acting as an investment adviser representative, directly or indirectly, to conduct business in this State on behalf of an investment adviser or a federal covered investment adviser if the registration of the individual as an investment adviser representative is suspended or revoked or the individual is barred from employment or association with an investment adviser or a federal covered investment adviser by an order under this chapter, the Securities and Exchange Commission, or a self-regulatory organization. Upon request from a federal covered investment adviser and for good cause, the commissioner, by order issued, may waive, in whole or in part, the application of the requirements of this subsection to the federal covered investment adviser. [L 2006, c 229, pt of §1]
Haw. Rev. Stat. § 486H-2 — HI Code / Division 2 / Title 26 / Chapter 486H / Section 486H-2
Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses.
Status: in_force

(a) Except as provided in section 486H-3, a petroleum distributor shall be liable to a gasoline dealer who sells the products of the petroleum distributor under a franchise from the distributor for damages and such equitable relief as the court deems proper resulting from the wrongful or illegal termination or cancellation of the franchise during its term or the petroleum distributor's unreasonable refusal to renew the franchise.

(b) A gasoline dealer suffering damages as a result of the termination or cancellation of, or failure to renew, the dealer's franchise may bring an action under this section against the petroleum distributor who wrongfully or illegally terminated, canceled, or unreasonably refused to renew the dealer's franchise in the court of general jurisdiction in which such petroleum distributor has the distributor's principal place of business, is found, or has an agent. The action may be brought without regard to the amount in controversy. If the gasoline dealer prevails in the action, the dealer may recover actual damages sustained, the costs of the suit, including reasonable attorneys' fees, and such equitable relief as the court deems proper.

The court may also grant such temporary relief as it may deem necessary and proper.

(c) It shall be a defense to any action brought under this section that the franchise was terminated, canceled, or not renewed because:

(1) The gasoline dealer failed to comply substantially with essential and reasonable requirements of the franchise agreement;

(2) The gasoline dealer failed to act in good faith in carrying out the terms and provisions of the franchise; or

(3) Of any of the reasons enumerated in section 486H-3; or

(4) Of other legitimate business reasons; provided that a termination, cancellation, or failure to renew a franchise for the purpose of enabling the petroleum distributor to assume operation of the gasoline dealer's business shall not be considered to be a legitimate business reason unless the gasoline dealer is paid reasonable compensation for the value of the dealer's franchise, including goodwill.

(d) No action may be brought under this section for a cause of action which arose more than two years prior to the date on which the action is brought. [L 1975, c 133, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 486N-1 — HI Code / Division 2 / Title 26 / Chapter 486N / Section 486N-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Business day" means any calendar day on which the health club is open for inspection and use by the buyer, except Saturdays, Sundays, and state or federal holidays.

"Buyer" means a natural person who enters into a health club contract.

"Contract price" means the price for the purchase of a membership in a health club or for services offered by a health club or for use of the facilities of a health club. Contract price does not include the cost of financing or late charges or penalties.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Health club" means any person operating a business organized for profit, offering facilities or services for the maintenance or development of physical fitness or well-being through physical exercise. Each location at which the facilities or services are offered shall be deemed a separate health club.

"Health club contract" means a contract for membership in a health club, or for services offered by a health club, or for use of facilities of a health club, for a period longer than seven days.

"Social and recreational facilities" means those portions of the facilities of a health club devoted primarily to dining and entertaining. [L 1984, c 161, pt of §1; am L 1989, c 202, §2]
Haw. Rev. Stat. § 482P-4 — HI Code / Division 2 / Title 26 / Chapter 482P / Section 482P-4
Right is exclusive for individuals and personalities.
Status: in_force

(a) For individuals, except to the extent that the individual may have transferred, assigned, or licensed a right recognized by this chapter, the rights protected in this chapter are exclusive to the individual, and are exclusive to the persons entitled to the rights under section 482P-3 for a period of seventy years after the death of the individual, including to the extent that the persons entitled to the rights under section 482P-3 may have transferred, assigned, or licensed these rights to others.

(b) For personalities, except to the extent that the personality may have transferred, assigned, or licensed a right recognized by this chapter, the rights protected in this chapter are exclusive to the personality, and are exclusive to the persons entitled to the rights under section 482P-3 for a period of seventy years after the death of the personality, including to the extent that the persons entitled to the rights under section 482P-3 may have transferred, assigned, or licensed the rights to others.

(c) The rights granted in this chapter may be exercised by a personal representative, attorney-in-fact, parent of a minor child, or guardian, or as authorized by a court of competent jurisdiction. The terms "personal representative", "attorney-in-fact", and "guardian" shall have the same meanings as in chapter 560. [L Sp 2009, c 28, pt of §2]