Haw. Rev. Stat. § 8 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8
‑11 Children and Youth Day and Month.
Status: in_force

§8‑11 Children and Youth Day and Month. (a) The first Sunday in October shall be known and designated as "Children and Youth Day", and the entire month of October shall be known and designated as "Children and Youth Month". This day and month are not and shall not be construed to be state holidays.

(b) Unless otherwise determined by the governor, public events celebrating children and youth may be held in the area of the state capitol, including on and around its grounds, as follows:

(1) Celebrations of Children and Youth Day may be held on the first Sunday of October; and

(2) Public events, such as the Children and Youth Summit, which may be held in the month of October. [L 1994, c 243, §2; am L 1997, c 30, §2; am L 2012, c 221, §1][ §8‑33] Kalaupapa Month. The month of January shall be known and designated as "Kalaupapa Month", to serve as an annual reminder of the importance of Kalaupapa and the significant sacrifices and contributions of its residents throughout the history of Hawaii. This month is not and shall not be construed as a state holiday.
Haw. Rev. Stat. § 8-12.5 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-12.5
[ §8-12.
Status: in_force

[ §8-12.5] Water Safety Day. May 15 of each year shall be known and designated as "Water Safety Day" to spread awareness of drowning and educate Hawaii's youth in becoming safer in and around the water. This day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 5-9 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-9
State motto.
Status: in_force

The motto "Ua mau ke ea o ka aina i ka pono", is adopted, established, and designated as the official motto of the State. It is translated into English to mean "The life of the land is perpetuated in righteousness".
Haw. Rev. Stat. § 10 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10
‑34 Funding and refunding bonds; authorization and purpose.
Status: in_force

§10‑34 Funding and refunding bonds; authorization and purpose. The board, without further authorization from the legislature, may provide for the issuance of revenue bonds (herein referred to as refunding bonds) for the purpose of refunding, redeeming, or retiring at or at any time before maturity or at any time before the first date upon which the outstanding bonds to be refunded may be called for redemption, any bonds issued under this part, including any bonds which the holders may consent to be paid or refunded even though the bonds are not matured or are not callable or redeemable, and for the purpose of funding indebtedness not evidenced by revenue bonds but which was incurred for purposes for which revenue bonds may be issued pursuant to this part. The rate or rates of interest borne by the refunding bonds shall not be affected or limited by the rate or rates of interest borne by the bonds to be refunded or the indebtedness to be funded. All provisions of this part applicable to the issuance of revenue bonds shall be complied with in the issuance of refunding bonds. Refunding bonds shall be sold as provided in section 10‑25, or the board may, in its discretion, provide for the exchange of refunding bonds for a like principal amount of outstanding bonds for the refunding of which the issuance of such refunding bonds has been authorized, whether or not the interest rate on the refunding bonds is higher than the interest rate on the bonds refunded thereby.[§10‑33] Powers herein, additional to other powers. The powers conferred by this part shall be in addition and supplemental to the powers conferred by any other general, special, or local law. Insofar as this part is inconsistent with any other general, special, or local law this part shall be controlling.§10‑32 Office of Hawaiian affairs projects, loan programs, and bonds exempt from taxation. The property and revenue of any office project or loan program shall be exempt from all state, county, and municipal taxation and assessments. Revenue bonds issued under this part, and all income therefrom shall be exempt from all state, county, and municipal taxation except inheritance, transfer, and estate taxes.[§10‑24] Revenue bond anticipation notes. In anticipation of the issuance under this part of revenue bonds authorized by the board and of the receipt of the proceeds of sale of the bonds, the board shall have power to issue and sell bond anticipation notes for the purposes for which the bonds have been authorized, the maximum principal amount of which shall not exceed the authorized principal amount of the bonds. The notes shall be payable solely from and secured solely by the proceeds of the sale of the bonds in anticipation of which the notes are issued and the revenues from which would be payable and by which would be secured the bonds; provided that to the extent the principal of the notes is paid from moneys other than the proceeds of the sale of the bonds, the maximum amount of bonds in anticipation of which the notes are issued that has been authorized shall be reduced by the amount of the notes so paid. The issuance of the notes and the details thereof shall be governed by this part with respect to bonds as applicable; provided that:

(1) Each note, together with all renewals and extensions, or refundings by other notes issued under this section, shall mature within five years from the date of the original note; and

(2) The notes may be sold at public or private sale, as the board may determine. [L 1994, c 283, pt of §2(2)]
Haw. Rev. Stat. § 10-13.5 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-13.5
Use of public land trust proceeds.
Status: in_force

Twenty per cent of all funds derived from the public land trust, described in section 10-3, shall be expended by the office, as defined in section 10-2, for the purposes of this chapter.
Haw. Rev. Stat. § 7-2 — HI Code / Division 1 / Title 1 / Chapter 7 / Section 7-2
Driftwood.
Status: in_force

All wood of any description which may drift on to the beach of any part of the State shall be the property of the finder, and anyone finding such driftwood may take the same for the finder's own private use, without paying a share to the State; provided that this section shall not be construed to apply to any vessel wrecked or stranded on any part of the shores of the State. [CC 1859, §1478; RL 1925, §577; RL 1935, §1695; RL 1945, §12902; RL 1955, §14-2; HRS §7-2; gen ch 1985]
Haw. Rev. Stat. § 6E-11 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-11
Civil and administrative violations.
Status: in_force

(a) It shall be a civil and administrative violation for any person to take, appropriate, excavate, injure, destroy, or alter any historic property or aviation artifact located upon the private lands of any owner thereof without the owner's written permission being first obtained. It shall be a civil and administrative violation for any person to take, appropriate, excavate, injure, destroy, or alter any historic property or aviation artifact located upon lands owned or controlled by the State or any of its political subdivisions, except as permitted by the department, or to knowingly violate the conditions set forth in an approved mitigation plan that includes monitoring and preservation plans.

(b) It shall be a civil and administrative violation for any person to knowingly take, appropriate, excavate, injure, destroy, or alter any burial site, or the contents thereof, located on private lands or lands owned or controlled by the State or any of its political subdivisions, except as permitted by the department, to knowingly fail to re-inter human remains discovered on the lands in a reasonable period of time as determined by the department, or to knowingly violate the conditions set forth in an approved mitigation plan that includes monitoring and preservation plans.

(c) It shall be a civil and administrative violation for any person to take, appropriate, excavate, injure, destroy, or alter any historic property or burial site during the course of land development or land alteration activities to which section 6E-42 applies, without obtaining the required approval.

(d) It shall be a civil and administrative violation for any person who inadvertently discovers a burial site to fail to stop work in the immediate area and report the discovery, as required by section 6E-43.6.

(e) It shall be a civil and administrative violation for any person to:

(1) Fail to comply with agreed upon archaeological mitigation commitments;

(2) Fail to conduct an archaeological inventory survey as specified in an archaeological inventory survey plan or archaeological monitoring plan approved by the department;

(3) Alter an approved archaeological inventory survey plan or archaeological monitoring plan without prior written approval of the department;

(4) Carry out project development activities within a preservation area or burial preserve approved by the department without prior written approval of the department, including project equipment transiting through, within, or across a preservation area or burial preserve; or

(5) Fail to complete and submit required reports.

(f) It shall be a civil and administrative violation for any person to knowingly glue together any human skeletal remains, label any human skeletal remains with any type of marking pen, or conduct any tests that destroy human skeletal remains, as defined in section 6E-2, except as permitted by the department.

(g) Any person who violates this section shall be fined not more than $20,000 for each separate violation. If the violator directly or indirectly has caused the loss of, or damage to, any historic property or burial site, the violator shall be fined an additional amount determined by the environmental court or an administrative adjudicative authority to be equivalent to the value of the lost or damaged historic property or burial site. Each day of continued violation of this provision shall constitute a distinct and separate violation for which the violator may be punished. Any landowner or developer responsible for any project where violations are found to have occurred shall execute any mitigation and preservation measures ordered by the department and shall be jointly and severally liable for any costs of mitigation and preservation. Equipment used by a violator for the taking, appropriation, excavation, injury, destruction, or alteration of any historic property or burial site, or for the transportation of the violator to or from the historic property or burial site, shall be subject to seizure and disposition by the State without compensation to its owner or owners.

(h) Any person who knowingly violates this chapter with respect to burial sites shall also be prohibited from participating in the construction of any state or county funded project for ten years.

(i) Nothing in this section shall apply to land altering activities relating to family burial plots under section 441-5.5.

(j) The civil and administrative penalties imposed pursuant to this chapter shall be in addition to the criminal penalties provided by this chapter and any other penalties that may be imposed pursuant to law. [L 1976, c 104, pt of §2; gen ch 1985; am L 1990, c 306, §8; am L 1992, c 113, §3; am L 1996, c 97, §8; am L 2003, c 104, §3; am L 2005, c 128, §3; am L 2006, c 38, §1 and c 45, §2; am L 2007, c 9, §1; am L 2014, c 218, §8; am L 2022, c 212, §1; am L 2024, c 129, §1]
Haw. Rev. Stat. § 8-37 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-37
[ §8-37] Indigenous Peoples' Day.
Status: in_force

[ §8-37] Indigenous Peoples' Day. The second Monday in October of each year shall be known as Indigenous Peoples' Day; provided that this day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 8-39 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-39
Disability Awareness Month: Employment, Enrichment, and Inclusion.
Status: in_force

The month of October shall be known and designated as "Disability Awareness Month: Employment, Enrichment, and Inclusion." This month is not and shall not be construed as a state holiday.
Haw. Rev. Stat. § 9-13 — HI Code / Division 1 / Title 1 / Chapter 9 / Section 9-13
Required review of requests for foundation grants.
Status: in_force

(a) Every request for a foundation grant shall be reviewed in accordance with this section.

(b) Every request for a foundation grant shall be submitted to the foundation on an application form provided by the foundation. Each application shall contain:

(1) A statement of the purpose of the activity or program to be funded by the grant;

(2) A written description of the activity or program;

(3) Financial information regarding the activity or program;

(4) If the applicant is an organization, personnel position salaries; and

(5) Any other information the foundation requires.

(c) The foundation shall review each request to determine the efficiency and the effectiveness of the proposed activity or program in achieving the objectives of the foundation and its legislative mandate. The review shall be based upon an analysis of the request in terms of the objectives to be achieved, the need in the community for the particular activity or program, the quality of the proposed program or activity, the ability of the applicant to carry out the proposed program or activity, the benefits to be provided by the request in comparison to the estimated costs, and the extent to which the proposed program and activity meet the priorities established by the foundation.

(d) The foundation shall make a final decision on each request.

(e) The foundation shall inform each foundation grant applicant of the disposition of the application's request.

(f) The appeal process in the foundation's rules adopted pursuant to section 9-5 shall be available for any applicant. [L 1992, c 181, pt of §1; am L 1993, c 6, §1]
Haw. Rev. Stat. § 6D-13 — HI Code / Division 1 / Title 1 / Chapter 6D / Section 6D-13
Penalties cumulative.
Status: in_force

(a) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against the person.

(b) Penalties under this section shall not limit the imposition of penalties pursuant to chapter 6E. [L 2002, c 241, pt of §2]
Haw. Rev. Stat. § 9-19.5 — HI Code / Division 1 / Title 1 / Chapter 9 / Section 9-19.5
[ §9-19.
Status: in_force

[ §9-19.5] Performing arts grants special fund. (a) There is established in the state treasury the performing arts grants special fund, to be administered by the foundation. The revenues of the special fund shall consist of:

(1) Appropriations made by the legislature;

(2) Revenues or moneys derived from the foundation's operations;

(3) Grants, gifts, and donations received by the foundation; and

(4) All interest earned on moneys deposited in the fund.

The special fund shall be used for the coordination, planning, promotion, marketing, and execution of performing arts events.

(b) The foundation shall oversee and administer grants for the coordination, planning, promotion, marketing, and execution of performing arts events. Applications for grants shall be made to the foundation and contain any information as the foundation shall require. At minimum, the applicant shall provide:

(1) The name of the requesting organization and individual;

(2) The purpose of the grant;

(3) The service to be supported by the grant;

(4) The target group to be benefited;

(5) The costs of the grant; and

(6) Acknowledgment the grant will be used for activities that are consistent with the purposes of this chapter.

(c) Grants shall only be awarded if:

(1) The applicant has applied for or received all applicable licenses and permits required to conduct the work for which a grant is awarded;

(2) The applicant agrees to comply with applicable federal, state, and county laws;

(3) All activities and improvements undertaken with funds received shall comply with all applicable federal, state, and county statutes and ordinances, including applicable building codes and agency rules; and

(4) The applicant will indemnify and hold harmless the foundation, the State, and its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided hereunder.

Every grant shall be monitored by the foundation to ensure compliance with this chapter and the purposes and intent of the grant and shall be evaluated annually to determine whether the grant attained the intended results in the manner contemplated. [L 2025, c 131, pt of §2]
Haw. Rev. Stat. § 10-25.1 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-25.1
Federal tax-exempt status; preference; protection.
Status: in_force

[§10-25.1]Federal tax-exempt status; preference; protection. (a) Revenue bonds issued pursuant to this part, to the extent practicable, shall be issued to comply with requirements imposed by applicable federal law providing that the interest on revenue bonds shall be excluded from gross income for federal income tax purposes (except as certain minimum taxes or environmental taxes may apply). The board is authorized to enter into agreements, establish funds or accounts, and take any action required in order to comply with applicable federal law. Nothing in this part or this chapter shall be deemed to prohibit the issuance of revenue bonds, the interest on which may be included in gross income for federal income tax purposes.

(b) For the purpose of ensuring that interest on revenue bonds issued pursuant to this part which is excluded from gross income for federal income tax purposes (except as provided in subsection (a)) on the date of issuance shall continue to be so excluded, no state officer or employee, or user of an undertaking or loan program shall authorize or allow any change, amendment, or modification to an undertaking or loan program financed or refinanced with the proceeds of revenue bonds which change, amendment, or modification thereto would affect the exclusion of interest on those revenue bonds from gross income for federal income tax purposes unless the change, amendment, or modification shall have received the prior approval of the board. Failure to receive the approval of the board shall render any change, amendment, or modification void. [L 2013, c 171, §1]
Haw. Rev. Stat. § 8-19 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-19
Makahiki Commemoration Day.
Status: in_force

One of the kapu Hua days of Mōhalu, Hua, or Akua of the lunar month of `Ikuā of each year shall be known and designated as Makahiki Commemoration Day to recognize the Makahiki, a season and New Year festival of Hawaiian tradition celebrating harvest, bounty, and the god Lono. The calendar date on which the State should commemorate the Makahiki season shall be projected yearly using various technologies that track celestial phenomena to determine and publicize the equivalent day of the Gregorian calendar. This day is not and shall not be construed as a state holiday.
Haw. Rev. Stat. § 1-2 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-2
Certain laws not obligatory until published.
Status: in_force

No written law, unless otherwise specifically provided by legislative enactment, except general or special appropriation acts, loan fund acts, pension acts, and franchise acts, shall be obligatory without first being printed and made public. General or special appropriation acts, loan fund acts, pension acts, and franchise acts, whether affecting state funds or the funds of county or other municipal subdivisions or commissions, shall become operative according to their respective terms. [CC 1859, §1; RL 1925, §3; RL 1935, §3; am L 1935, c 10, §2; RL 1945, §3; RL 1955, §1-3; HRS §1-2]
Haw. Rev. Stat. § 8-22 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-22
Kalo Appreciation Month.
Status: in_force

The month of October shall be known and designated as "Kalo Appreciation Month" to celebrate the strong kalo tradition in Hawaii and the cultural connection of native Hawaiians to kalo, the Hawaiian word for taro. This month is not and shall not be construed as a state holiday.
Haw. Rev. Stat. § 6E-45 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-45
Korean and Vietnam memorial.
Status: in_force

[§6E-45 Korean and Vietnam memorial.] The memorial to the veterans of the Korean and Vietnam conflicts shall be constructed on the Ewa lawn of the state capitol among the trees near the Richards Street border, bounded on one side by the covered stairway (with appropriate setback), Richards Street (with appropriate setback), and Beretania Street (with appropriate setback). The height of the memorial shall not exceed twenty feet, keeping in proportion with other statuary located in the immediate area. The design of the memorial shall utilize the natural assets of the site, with secluded areas of wall and trees for purposes of remembrance and meditation.
Haw. Rev. Stat. § 3-1 — HI Code / Division 1 / Title 1 / Chapter 3 / Section 3-1
Commission.
Status: in_force

There shall be established a commission to promote uniform legislation, placed within the department of the attorney general for administrative purposes, to promote uniformity of legislation in the United States, to be composed of five commissioners, who shall be appointed by the governor in the manner prescribed in section 26-34. The commissioners shall serve without pay but shall be entitled to such technical, clerical, and stenographic assistance, to be furnished by the department of the attorney general, as may be necessary or proper to carry out their duties.
Haw. Rev. Stat. § 6D-12 — HI Code / Division 1 / Title 1 / Chapter 6D / Section 6D-12
Criminal penalties.
Status: in_force

(a) In addition to any other penalties, any person who intentionally, knowingly, or recklessly violates this chapter, any rule adopted pursuant to this chapter, or the terms and conditions of any permit issued in accordance with this chapter shall be guilty of a petty misdemeanor and shall be fined not less than:

(1) $1,000 for a first offense; and

(2) $1,500 for any subsequent offense.

(b) Intentional, knowing, or reckless damage, destruction, removal, taking, sale, or illegal possession of each specimen of cave resource shall be subject to a fine of not less than:

(1) $1,000 for a first offense; and

(2) $1,500 for any subsequent offense.

Each day of continued violation under this chapter shall constitute a distinct and separate offense for which the violator may be punished. Equipment used by the violator in the course or furtherance of the violation shall be subject to seizure and disposition by the State without compensation to its owner or owners. Penalties under this section shall not limit the imposition of penalties pursuant to chapter 6E.

(c) The fines specified in this section shall not be suspended or waived. [L 2002, c 241, pt of §2]
Haw. Rev. Stat. § 6E-37 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-37
National statuary hall; Father Damien.
Status: in_force

The State of Hawaii exercises its prerogative pursuant to section 2 of "An Act making appropriation for sundry Civil Expenses of the Government for the Year ending the Thirtieth of June eighteen hundred and sixty-five and for other Purposes" (Act of July2, 1864 of the Thirty-Eighth Congress, Section 1814 of the Revised Statutes) and designates the Reverend Joseph Damien deVeuster, SS. CC., as a citizen of Hawaii worthy of commemoration in the national statuary hall.
Haw. Rev. Stat. § 8-14 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-14
Financial Literacy Month.
Status: in_force

The month of April shall be known and designated as "Financial Literacy Month". This month is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 8-7 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-7
Arbor Day.
Status: in_force

The first Friday in November shall be known as Arbor Day, provided that this day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 6D-6 — HI Code / Division 1 / Title 1 / Chapter 6D / Section 6D-6
Commercial entry.
Status: in_force

(a) Any person allowing or establishing commercial entry to a cave shall obtain from the board a permit to open the cave for public entry. The department shall charge a reasonable permit processing fee and adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.

(b) Any person that receives compensation in conjunction with a use or activity and seeks to be excluded from the permit requirement under subsection (a) shall have the burden of establishing to the satisfaction of the department that its use or activity does not constitute a commercial entry under this chapter.

(c) Commercial entry to caves shall be limited to operations in place at the time of the passage of this Act; provided the operations are in compliance with all applicable state and county statutes, ordinances, and rules. No new operations may be established until the adoption of rules by the department to implement this section.

(d) Any person allowing commercial entry at the time of the passage of this Act shall file a declaration of the person's use with the department within sixty days of the enactment of this Act. Existing operations, as recognized by the department through the declaration, within one year of the adoption of rules by the department, shall conform to the rules and all applicable state and county statutes, ordinances, and rules. [L 2002, c 241, pt of §2]
Haw. Rev. Stat. § 10-42 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-42
Training relating to native Hawaiian and Hawaiian traditional and customary rights, natural resources and access rights, and the public trust.
Status: in_force

(a) All council, board, and commission members identified in section 10-41(a) shall complete the training course administered by the office of Hawaiian affairs pursuant to this section within twelve months of the date of the member's initial appointment.

(b) The office of Hawaiian affairs, at its own expense, shall establish, design, and administer a training course relating to native Hawaiian and Hawaiian traditional and customary rights, native Hawaiian and Hawaiian natural resource protection and access rights, and the public trust, including the State's trust responsibility. The training course shall include:

(1) Historical information, explanations, and discussions of key state laws, state constitutional provisions, and court rulings that reaffirm and provide for the protection of native Hawaiian and Hawaiian rights; and

(2) A discussion of the importance of public trust resources and various programs to native Hawaiian and Hawaiian rights.

(c) The office of Hawaiian affairs, at its own expense, shall develop the methods and prepare any materials necessary to implement the training course, administer the training course, and notify each council, board, and commission identified in section 10-41(a) that attendance in a training course is mandatory.

(d) The office of Hawaiian affairs shall offer the training course at least twice per year.

(e) The governor shall provide to the office of Hawaiian affairs the names of persons required to take the training course pursuant to this part within thirty calendar days of their initial appointment by the governor. [L 2015, c 169, pt of §2]
Haw. Rev. Stat. § 6D-5 — HI Code / Division 1 / Title 1 / Chapter 6D / Section 6D-5
Sale.
Status: in_force

It shall be unlawful for any person to sell or offer for sale speleothems and speleogens removed from caves.
Haw. Rev. Stat. § 5-17 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-17
State bird.
Status: in_force

The nene (Branta sandwicensis), also known as the Hawaiian goose, is established and designated as the official bird of the State.
Haw. Rev. Stat. § 1-4 — HI Code / Title 1 / Chapter 1 / Section 1-4
Persons and property subject to laws.
Status: in_force

The laws are obligatory upon all persons and property within the jurisdiction of the State. [CC 1859, §6; am imp PC 1869, c 3, §1 (same as PC 1850, c 3, §1); RL 1925, §6; RL 1935, §6; RL 1945, §5; am L 1955, c 57, §1(b); RL 1955, §1-7; HRS §1-4]
Haw. Rev. Stat. § 6K-2 — HI Code / Division 1 / Title 1 / Chapter 6K / Section 6K-2
Definitions.
Status: in_force

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

"Commission" means the Kaho`olawe island reserve commission.

"Department" means the department of land and natural resources.

"Island reserve" means the area designated as the island of Kaho`olawe and the submerged lands and waters extending seaward two miles from its shoreline.

"Waters" means the area extending seaward two miles from the shoreline. [L 1993, c 340, pt of §2]
Haw. Rev. Stat. § 8-8.2 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-8.2
Saint Marianne Cope Day.
Status: in_force

January 23 of each year shall be known and designated as "Saint Marianne Cope Day", provided that this day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 8-15 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-15
Kupuna Recognition Day.
Status: in_force

The fourth Saturday of July shall be known and designated as Kupuna Recognition Day, in recognition of the very significant role that kupuna play in Hawaii's culture, history, and traditions. This day is not and shall not be construed as a state holiday.
Haw. Rev. Stat. § 1-12 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-12
Application of statutory construction provisions.
Status: in_force

All provisions of the Hawaii Revised Statutes relating to general statutory construction shall apply not merely to laws now in force but to all hereafter enacted, unless otherwise expressed or obviously intended.
Haw. Rev. Stat. § 5-8.5 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-8.5
State endemic tree.
Status: in_force

`Ōhi`a lehua (Metrosideros polymorpha) is adopted, established, and designated as the official endemic tree of the State.
Haw. Rev. Stat. § 9-6 — HI Code / Division 1 / Title 1 / Chapter 9 / Section 9-6
Qualifying standards for individual artist fellowships.
Status: in_force

Any individual applying for a fellowship shall meet all of the following standards:

(1) The individual has proof of United States citizenship or permanent United States resident alien status and is a resident of the State of Hawaii at the time of application;

(2) The individual is a recognized professional artist who:

(A) Engages in a particular art form or discipline as a result of education, experience, or natural talent; and

(B) Is financially compensated for engaging in the art form or discipline as part of the individual's livelihood; and

(3) The individual is able to provide documentation of having engaged in artistic endeavors for at least five years prior to the time of application. [L 1993, c 133, pt of §1]
Haw. Rev. Stat. § 1-3 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-3
Laws not retrospective.
Status: in_force

No law has any retrospective operation, unless otherwise expressed or obviously intended. [CC 1859, §5; RL 1925, §5; RL 1935, §5; RL 1945, §4; am L 1955, c 57, §1(a); RL 1955, §1-6; HRS §1-3]
Haw. Rev. Stat. § 8-1.5 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-1.5
Discoverers' Day.
Status: in_force

The second Monday in October shall be known as Discoverers' Day, in recognition of the Polynesian discoverers of the Hawaiian Islands, provided that this day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 10-17 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-17
Grants; conditions and qualifications.
Status: in_force

(a) Applications for grants shall be made to the office and contain such information as the office shall require. At a minimum, the applicant shall show:

(1) The name of the requesting organization or individual;

(2) The purpose for the grant;

(3) The service to be supported by the grant;

(4) The target group to be benefited;

(5) The cost of the grant; and

(6) That the grant shall be used for activities that are consistent with the purposes of this chapter.

(b) Grants shall only be awarded if:

(1) The applicant has applied for or received all applicable licenses and permits, when such is required to conduct the activities or provide the services for which a grant is awarded;

(2) The applicant agrees to comply with applicable federal, state, and county laws;

(3) The grant shall not be used for purposes of entertainment or perquisites;

(4) All activities and improvements undertaken with funds received shall comply with all applicable federal, state, and county statutes and ordinances, including applicable building codes and agency rules; and

(5) The applicant will indemnify and hold harmless the office, the State of Hawaii, its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided hereunder, and procure sufficient insurance to provide this indemnification if requested to do so by the office.

(c) To receive a grant, an applicant shall:

(1) Be:

(A) A for-profit subsidiary of a nonprofit organization incorporated under the law of the State;

(B) A nonprofit community-based organization determined to be exempt from federal income taxation by the Internal Revenue Service;

(C) A cooperative association; or

(D) An individual, who in the board's determination, is able to provide the services or activities proposed in the application for a grant;

(2) In the case of a nonprofit organization, have a governing board whose members have no material conflict of interest and serve without compensation, have bylaws or policies that describe the manner in which business is conducted and policies relating to nepotism and management of potential conflict of interest situations, and employ or contract with no two or more members of a family or kin of the first or second degree of consanguinity unless specifically permitted by the office;

(3) Agree to make available to the office all records the applicant may have relating to the operation of the applicant's activity, business, or enterprise, to allow the office to monitor the applicant's compliance with the purpose of this chapter; and

(4) Establish, to the satisfaction of the office, that sufficient funds are available for the effective operation of the activity, business, or enterprise for the purpose for which the grant is awarded.

(d) Every grant shall be:

(1) Monitored by the office to ensure compliance with this chapter and the purposes and intent of the grant; and

(2) Evaluated annually to determine whether the grant attained the intended results in the manner contemplated.

(e) Grants made by the office under this chapter may be made without regard to chapters 103D and 103F. [L 2002, c 182, §1; am L 2003, c 9, §2]
Haw. Rev. Stat. § 8-35 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-35
[ §8-35] Volunteer Month.
Status: in_force

[ §8-35] Volunteer Month. The month of April shall be known and designated as "Volunteer Month" to honor volunteers in the community and encourage participation in service projects throughout the month. This month is not and shall not be construed as a state holiday.
Haw. Rev. Stat. § 9-14 — HI Code / Division 1 / Title 1 / Chapter 9 / Section 9-14
Allotment.
Status: in_force

Appropriations for foundation grants to be made under this chapter shall be subject to the allotment system generally applicable to all appropriations made by the legislature.
Haw. Rev. Stat. § 1-7 — HI Code / Title 1 / Chapter 1 / Section 1-7
Repeal of laws.
Status: repealed

Laws may be repealed either entirely or partially by other laws. [CC 1859, pt of §20; RL 1925, §21; RL 1935, §23; RL 1945, §23; RL 1955, §1-10; HRS §1-7]
Haw. Rev. Stat. § 6E-43.6 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-43.6
Inadvertent discovery of burial sites.
Status: in_force

(a) In the event human skeletal remains are inadvertently discovered, any activity in the immediate area that could damage the remains or the potential historic site shall cease until the requirements of subsections (b) to (d) have been met.

(b) The discovery shall be reported as soon as possible to the department, the appropriate medical examiner or coroner, and the appropriate police department. As soon as practicable, the department shall notify the appropriate council and the office of Hawaiian affairs.

(c) After notification of the discovery of multiple skeletons, the following shall be done within two working days, if on Oahu, and three working days, if in other council jurisdictions:

(1) A representative of the medical examiner or coroner's office and a qualified archaeologist shall examine the remains to determine jurisdiction. If the remains are the responsibility of the medical examiner or coroner, the department's involvement shall end. If the remains are historic or prehistoric burials, then the remainder of this section shall apply;

(2) The department shall gather sufficient information, including oral tradition, to document the nature of the burial context and determine appropriate treatment of the remains. Members of the appropriate council shall be allowed to oversee the on-site examination and, if warranted, removal; and

(3) If removal of the remains is warranted, based on criteria developed by the department, in consultation with the councils, office of Hawaiian affairs, representatives of development and large property owner interests, and appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawai‘i Nei, through rules adopted pursuant to chapter 91, the removal of the remains shall be overseen by a qualified archaeologist and a mitigation plan shall be prepared by the department or with the concurrence of the department.

(d) In cases involving the discovery of a single skeleton, the requirements of subsection (c) shall be fulfilled in one working day if on Oahu, and two working days if in other council jurisdictions.

(e) The mitigation plan developed by or with the concurrence of the department pursuant to subsection (c)(3) shall be carried out in accordance with the following:

(1) In discoveries related to development where land alteration project activities exist, the landowner, permittee, or developer shall be responsible for the execution of the mitigation plan including relocation of remains. Justifiable delays resulting from the discovery of burials shall not count against any contractor's completion date agreement;

(2) Project activities shall resume once necessary archaeological excavations provided in the mitigation plan have been completed;

(3) In nonproject contexts, the department shall be responsible for the execution of the mitigation plan and the relocation of remains; and

(4) The department shall verify the successful execution of the mitigation plan.

(f) In cases where remains are archaeologically removed, the department shall determine the place of relocation, after consultation with the appropriate council, affected property owners, representatives of the relevant ethnic group, and any identified lineal descendants, as appropriate. Relocation shall conform with requirements imposed by the department of health, and may be accompanied by traditional ceremonies, as determined by the lineal descendants, or, if no lineal descendants are identified, the appropriate council or representatives of the relevant ethnic group that the department deems appropriate. Specific or special reinterment requests from lineal or cultural descendants may be accommodated provided that the additional expenses incurred are paid by the affected descendants.

(g) If human skeletal remains are discovered in the course of land development or land alteration activities to which section 6E-42 applies, and for which the required approval was not obtained, all activity in the immediate area that could damage the remains or the potential historic site shall cease, and treatment of the remains shall be allowed only in compliance with section 6E-43. [L 1990, c 306, pt of §3; am L 2003, c 104, §5]
Haw. Rev. Stat. § 5-12.5 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-12.5
State mammal.
Status: in_force

The Hawaiian monk seal (Monachus schauinslandi) is established and designated as the official mammal of the State.
Haw. Rev. Stat. § 8-29 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-29
Farm to School Month in Hawaii.
Status: in_force

The month of October shall be known and designated as "Farm to School Month in Hawaii" to promote public awareness of the State's farm to school initiative "connecting keiki to the 'āina" through coordinated activities and resources connecting schools and local farms with the objectives of serving healthy Hawaii-grown meals in school cafeterias; improving student nutrition; lowering childhood obesity; supporting local farmers; and exposing students to agriculture, nutrition, and educational opportunities through classroom activities, farm field trips, and school gardens. This month is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 6E-10 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-10
Privately owned historic property.
Status: in_force

(a) Before any construction, alteration, disposition, or improvement of any nature, by, for, or permitted by a private landowner may be commenced that will affect a historic property on the Hawaii register of historic places, the landowner shall notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department the opportunity to review the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. The proposed construction, alteration, disposition, or improvement of any nature shall not be commenced, or in the event it has already begun, continue, until the department has given its concurrence or ninety days have elapsed. Within ninety days after notification, the department shall:

(1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;

(2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or

(3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose.

(b) Once the department has provided written concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the property owner may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:

(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the property owner shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The property owner shall provide the department with a report of the agreed upon actions when they are completed; and

(2) If a burial site is inadvertently discovered, the property owner shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.

(c) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any feature in or on a historic property that does not involve a change in design, material, or outer appearance or change in those characteristics that qualified the historic property for entry onto the Hawaii register of historic places.

(d) Any person, natural or corporate, who violates the provisions of this section shall be fined not more than $1,000, and each day of continued violation shall constitute a distinct and separate offense under this section for which the offender may be punished.

(e) If funds for the acquisition of needed property are not available, the governor may, upon the recommendation of the department, allocate from the contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition, preservation, restoration, or operation of the property.

(f) The department may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. Whenever any member of the department duly authorized to conduct investigations and surveys of a historic or cultural nature determines that entry onto private lands for examination or survey of historic or cultural finding is required, the department shall give written notice of the finding to the owner or occupant of the property at least five days before entry. If entry is refused, the member may make a complaint to the district environmental court in the circuit in which the land is located. The district environmental court may thereupon issue a warrant, directed to any police officer of the circuit, commanding the officer to take sufficient aid, and, being accompanied by a member of the department, between the hours of sunrise and sunset, allow the member of the department to examine or survey the historic or cultural property. [L 1976, c 104, pt of §2; gen ch 1985; am L 1992, c 113, §2; am L 2008, c 228, §3; am L 2009, c 4, §3; am L 2014, c 218, §8; am L 2025, c 160, §4]
Haw. Rev. Stat. § 10-23 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-23
Authorization of office projects and loan programs; issuance of revenue bonds.
Status: in_force

Authorization of acquisition, purchase, construction, reconstruction, improvement, betterment, extension, or maintenance of an office project or projects or the establishment, funding, and administration of any loan program, and authorization for issuance of revenue bonds under this part shall be by resolution or resolutions of the board. The resolution may be adopted at the same meeting at which it is introduced by a majority of all the members of the board then in office and shall take effect immediately upon adoption.
Haw. Rev. Stat. § 5-18.5 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-18.5
POW/MIA (prisoner of war/missing in action) flag; recognition; use.
Status: in_force

(a) The State recognizes the National League of Families' POW/MIA (prisoner of war/missing in action) flag that was recognized by the United States Congress through P. L. 101-355 on August 10, 1990.

(b) The National League of Families' POW/MIA (prisoner of war/missing in action) flag shall be flown on the grounds of the state capitol and on the grounds of the headquarters of the state department of defense on the following days:

(1) Armed Forces Day, the third Saturday in May;

(2) Memorial Day, the last Monday in May;

(3) Flag Day, June 14;

(4) Independence Day, July 4;

(5) National POW/MIA Recognition Day, the third Friday in September; and

(6) Veterans Day, November 11,

and may be flown on the grounds of the state capitol and on the grounds of the headquarters of the state department of defense on other days; provided that if the Hawaiian flag is flown on the same halyard as the flag of the United States of America at those locations, then the POW/MIA (prisoner of war/missing in action) flag may be flown under the flag of the State of Hawaii, and if the Hawaiian flag is flown on a separate halyard as the flag of the United States of America at those locations, then the POW/MIA (prisoner of war/missing in action) flag may be flown under the flag of the United States of America. [L 2010, c 40, §2]
Haw. Rev. Stat. § 1-9 — HI Code / Title 1 / Chapter 1 / Section 1-9
Express or implied repeals.
Status: in_force

The repeal of a law is either express or implied. It is express when it is literally declared by a subsequent law; it is implied when the new law contains provisions contrary to, or irreconcilable with, those of the former law. [CC 1859, §21; RL 1925, §23; RL 1935, §25; RL 1945, §25; RL 1955, §1-12; HRS §1-9]
Haw. Rev. Stat. § 10-4 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-4
Office of Hawaiian affairs; established; general powers.
Status: in_force

There shall be an office of Hawaiian affairs constituted as a body corporate which shall be a separate entity independent of the executive branch. The office, under the direction of the board of trustees, shall have the following general powers:

(1) To adopt, amend, and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law;

(2) To acquire in any lawful manner any property, real, personal, or mixed, tangible or intangible, or any interest therein; to hold, maintain, use, and operate the same; and to sell, lease, or otherwise dispose of the same at such time, in such manner and to the extent necessary or appropriate to carry out its purpose;

(3) To determine the character of and the necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to the office;

(4) To enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, or with the State, or with any political subdivision thereof, or with any person, firm, association, or corporation, as may be necessary in the conduct of its business and on such terms as it may deem appropriate;

(5) To execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers;

(6) To issue revenue bonds pursuant to this chapter to finance the cost of an office project or to fund a loan program, and to provide for the security thereof, in the manner and pursuant to the procedure prescribed in part II;

(7) To lend or otherwise apply the proceeds of the bonds issued for an office project or a loan program either directly or through a trustee or a qualified person for use and application in the acquisition, purchase, construction, reconstruction, improvement, betterment, extension, or maintenance of an office project or the establishment, funding, and administration of a loan program, or agree with the qualified person whereby any of these activities shall be undertaken or supervised by that qualified person or by a person designated by the qualified person;

(8) With or without terminating a project agreement or loan agreement, as applicable, to exercise any and all rights provided by law for entry and re-entry upon or to take possession of an office project or enforce a loan agreement at any time or from time to time upon breach or default by a qualified person under a project agreement or loan agreement, including any action at law or in equity for the purpose of effecting its rights of entry or re-entry or obtaining possession of the project or enforcing the loan agreement or for the payments of rentals, user taxes, or charges, or any other sum due and payable by the qualified person to the office pursuant to the project agreement or loan agreement; and

(9) To take such actions as may be necessary or appropriate to carry out the powers conferred upon it by law. [L 1979, c 196, pt of §2; am L 1994, c 283, §3; am L 2009, c 146, §4; am L 2013, c 171, §2]
Haw. Rev. Stat. § 1-4.5 — HI Code / Title 1 / Chapter 1 / Section 1-4.5
Cession of concurrent jurisdiction.
Status: in_force

(a) Notwithstanding the provisions of any other law, the State of Hawaii hereby cedes concurrent legislative jurisdiction to the United States over the lands and improvements located in the State presently owned or hereafter acquired, whether acquired by condemnation or otherwise, leased, occupied, or controlled by or for the United States Department of Justice, or any of its component agencies or bureaus, for correctional purposes.

(b) Cession of concurrent legislative jurisdiction, in accordance with subsection (a), shall only take effect upon the acceptance of such jurisdiction by the United States. The concurrent legislative jurisdiction so ceded shall end as to any such lands, improvements, or such portions thereof, that cease to be owned, leased, occupied, or controlled by or on behalf of the United States for correctional purposes. [L 1998, c 291, §1]
Haw. Rev. Stat. § 6F-5 — HI Code / Division 1 / Title 1 / Chapter 6F / Section 6F-5
Duties; scope of work.
Status: in_force

The board shall establish a comprehensive program which shall include, but not be limited, to the following:

(1) Managing and opening the center to the general public for educational, historical, and cultural purposes;

(2) Collecting, preserving, displaying, and interpreting objects and documents that are representative of our judicial heritage;

(3) Cooperating with, and providing technical assistance to the judiciary and other public and private agencies involved in developing and implementing programs in historic preservation activities related to the judiciary;

(4) Conducting research in the field of Hawaiian judicial history and making the benefits of the research and study available to the public;

(5) Stimulating and promoting public interest and awareness of Hawaiian judicial history by providing interpretive and information services for use in the schools of the State which will aid in a better understanding of the history of the judiciary;

(6) Selecting and employing an executive director to serve on a full-time basis who is qualified by training and experience. The executive director shall administer policies and programs approved by the board and exercise supervision over the center's activities;

(7) Employing personnel as required to operate and maintain the center. Employees of the center shall be exempt from chapter 76, and shall not be considered civil service employees but shall be entitled to any employee benefit plan normally inuring to civil service employees; and

(8) Doing other things necessary to accomplish the purposes of this chapter including the adoption, amending, or repeal of rules. [L 1990, c 211, pt of §3; am L 1994, c 7, §1; am L 2000, c 253, §150]
Haw. Rev. Stat. § 8-13 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-13
Lei Day.
Status: in_force

May 1 of each year shall be known as "May Day is Lei Day in Hawai‘i"; provided that this day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 9-7 — HI Code / Division 1 / Title 1 / Chapter 9 / Section 9-7
Requirement for artists receiving an individual artist fellowship.
Status: in_force

Each artist who, after meeting the qualifications set out in section 9-6, receives an individual artist fellowship from the foundation, is required to hold an exhibition or give a performance for the benefit of the people of Hawaii.
Haw. Rev. Stat. § 1-8 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-8
No revivor on repeal; exception.
Status: repealed

The repeal of any law shall not revive any other law which has been repealed, unless it is clearly expressed. [CC 1859, pt of §20; RL 1925, §22; RL 1935, §24; RL 1945, §24; RL 1955, §1-11; HRS §1-8]
Haw. Rev. Stat. § 6E-4 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-4
Administration.
Status: in_force

All state historic areas and buildings surplus to the operations of the department of accounting and general services shall be transferred by executive order to the department. All state projects and programs relating to historic preservation shall come under the authority of the department.
Haw. Rev. Stat. § 1-20 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-20
"Month", "year".
Status: in_force

The word "month" means a calendar month; and the word "year", a calendar year. [CC 1859, §18; RL 1925, §17; RL 1935, §18; RL 1945, §17; RL 1955, §1-25; HRS §1-20]
Haw. Rev. Stat. § 6E-5.5 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-5.5
The Hawaii historic places review board; creation; powers; appointments; composition.
Status: in_force

(a) There is created a review board, to be designated the Hawaii historic places review board, for the Hawaii register of historic places and the national register of historic places which shall meet the requirements of federal law. The board shall be placed within the department of land and natural resources for administrative purposes and shall consist of seven members to be appointed and removed by the governor as provided in section 26-34. The board shall include one professionally qualified member of each of the following disciplines: archaeology, architecture, history, and sociology. In addition, there shall be one person knowledgeable in traditional Hawaiian society and culture.

(b) The review board shall:

(1) Order and enter historic properties into the Hawaii register of historic places on the basis of their value to Hawaii's heritage;

(2) Evaluate and, when appropriate, recommend the nomination of historic properties to the national register of historic places;

(3) Review the state survey of historic properties undertaken in accordance with this chapter;

(4) Review the content of the state historic preservation plan developed in accordance with this chapter;

(5) Elect a chairperson and a vice-chairperson and adopt such rules as are necessary for the purposes of this section;

(6) Maintain the Hawaii register of historic places, including all those listed on the national register of historic places, and a program of notification and publication regarding properties on the registers; and

(7) Develop policies on signage in historic districts.

(c) The members of the review board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(d) The department's determinations made pursuant to section 6E-8 may be appealed to the review board. [L 1980, c 293, §§9, 10; gen ch 1993; am L 1995, c 187, §1; am L 2012, c 150, §2; am L 2021, c 232, §1]
Haw. Rev. Stat. § 6F — HI Code / Division 1 / Title 1 / Chapter 6F / Section 6F
‑8] Center concessions.
Status: in_force

[§6F‑8] Center concessions. Notwithstanding any law to the contrary, all net income or proceeds received by the friends from the operation of any concession, or other for-profit business enterprise within or on the grounds of the center, shall be deposited into the trust fund. The disposition of the net income or proceeds shall be for purposes of the center only as set out in section 6F‑5.[§6F‑7] Judiciary history center trust fund. (a) There is established as a separate fund of the judiciary, the judiciary history center trust fund. All funds contributed to the trust fund, including income and capital gains earned therefrom, shall be used exclusively to carry out the purposes of the center as defined in this chapter. The trust fund shall consist of any and all types of private, federal, and public contributions, which do not include any state funding, and any income, interest, and capital gains earned; provided that moneys or properties donated for center use and patrons' deposits shall be deposited and accounted for in accordance with rules adopted by the supreme court. The judiciary history center trust fund shall be subject to the following restrictions:

(1) All funds, and any income, interest, and capital gains earned by investment of those funds, shall be expended by the friends to carry out the purposes of the center as set out in section 6F‑5; and

(2) Any other restrictions imposed by the legislature with respect to the transfer or appropriation of funds.

(b) The judiciary history center trust fund shall be subject to the terms and conditions provided in this section. The trust fund shall not be placed in the state treasury and the State shall not administer the fund nor be liable for its operation or solvency. The trust fund shall be a trust fund pursuant to section 37‑62 administered by the friends.

(c) Any funds deposited in the trust fund, and any income, interest, and capital gains earned therefrom, that are not used for the purposes of the center as set out in section 6F‑5, shall be invested in accordance with the provisions of the articles, bylaws, resolutions, or other instruments executed on behalf of the friends in a manner intended to obtain a reasonable commercial rate of return on investment of the fund.

(d) If the trust fund is terminated, all funds, including the income, interest, and capital gains earned by the investment of funds, shall be transferred to the general fund.

(e) The friends:

(1) May enter into contracts as approved by the chief justice, with any association, individuals, or corporations to further the purposes of this section; provided that any blind vendor operating a vending facility pursuant to section 102‑14 on or before January1, 1996, shall not be displaced or dislocated;

(2) Shall require a certified public accountant to compile the financial statements, the result of which shall be submitted to the judiciary not more than thirty days after receipt by the friends; and

(3) Shall retain for a period of three years, any documents, papers, books, records, and other evidence that is pertinent to the trust fund, and permit inspection or access thereto by the judiciary, the legislature, the auditor, or their duly authorized representatives.

(f) For purposes of this section, "friends" means the friends of the judiciary history center. [L 1996, c 138, pt of §1]
Haw. Rev. Stat. § 5-12.2 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-12.2
State land mammal.
Status: in_force

The ōpe`ape`a, otherwise known as the Hawaiian hoary bat (Lasiurus cinereus semotus), is established and designated as the official land mammal of the State.
Haw. Rev. Stat. § 10-13.3 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-13.3
Interim revenue.
Status: in_force

Notwithstanding the definition of revenue contained in this chapter and the provisions of section 10-13.5, and notwithstanding any claimed invalidity of Act 304, Session Laws of Hawaii 1990, the income and proceeds from the pro rata portion of the public land trust under article XII, section 6 of the state constitution for expenditure by the office of Hawaiian affairs for the betterment of the conditions of native Hawaiians for each of fiscal year 1997-1998 and fiscal year 1998-1999 shall be $15,100,000.
Haw. Rev. Stat. § 6E-2 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-2
Definitions.
Status: in_force

As used in this chapter:

"Aviation artifact" means airplanes, fallen aircraft, crash sites, or any objects or materials associated with the history of aerospace in Hawaii which are over fifty years old, or determined to be of exceptional historic significance by the department. This term includes but is not limited to actual aircraft, aircraft parts, military equipment, books, documents, and other related items.

"Burial good" means any item reasonably believed to have been intentionally placed with the human skeletal remains of an individual or individuals at the time of burial.

"Burial site" means any specific unmarked location where prehistoric or historic human skeletal remains and their associated burial goods are interred, and its immediate surrounding archaeological context, deemed a unique class of historic property and not otherwise included in section 6E-41.

"Complete submittal" means a packet that includes:

(1) A submittal form;

(2) A permit set or sixty per cent-complete project drawing set;

(3) A site plan that identifies the project area and locations of ground disturbance;

(4) A written scope of work that identifies the length, width, and depth of ground disturbance and the narrative boundaries of the project area;

(5) Photographs of the property and at least one photograph of each elevation of existing buildings or structures on the property;

(6) A map indicating the boundaries of the project area that include any associated construction, ground disturbance, or setting and staging areas;

(7) For projects submitted under this section:

(A) A copy of previous archaeological, architectural, or cultural resource survey for the property; or

(B) A literature review and field inspection for archaeological resources or windshield survey for architectural resources for the tax map key or portion of the tax map key where the project area is located;

(8) For projects submitted under section 6E-42, a copy of the building permit application associated with the project; and

(9) For projects where historic properties are identified as having a high potential effect level under section 6E-42(f), documentation of consultation with the office of Hawaiian affairs and any associated comments the applicant received from the office of Hawaiian affairs.

"Department" means the department of land and natural resources.

"Historic preservation" means the research, protection, restoration, rehabilitation, and interpretation of buildings, structures, objects, districts, areas, and sites, including underwater sites and burial sites, significant to the history, architecture, archaeology, or culture of this State, its communities, or the nation.

"Historic property" means any building, structure, object, district, area, or site, including heiau and underwater site, that is over fifty years old and meets the criteria for being entered into the Hawaii register of historic places.

"Human skeletal remains" means the body or any part of the body of a deceased human being.

"Mitigation plan" means a plan, approved by the department, for the care and disposition of historic properties, aviation artifacts, and burial sites or the contents thereof, that includes monitoring, protection, restoration, and interpretation plans.

"Person" means any individual, firm, corporation, partnership, or association.

"Physical scope of work" means the size, location, and depth of ground disturbance.

"Programmatic agreement" means a document that sets forth the terms of a formal, legally binding agreement and establishes a process for consultation, review, and compliance with federal laws.

"Project" means any activity directly undertaken by the State or its political subdivisions or supported in whole or in part through appropriations, contracts, grants, loans, or other forms of funding assistance from the State or its political subdivisions or involving any lease, permit, license, certificate, land use change, or other entitlement for use issued by the State or its political subdivisions.

"State historic preservation officer" means that officer appointed by the governor as provided in section 6E-5. [L 1976, c 104, pt of §2; am L 1985, c 108, §1; am L 1990, c 306, §4; am L 1992, c 113, §1; am L 1996, c 97, §3; am L 2005, c 128, §2; am L 2006, c 45, §1; am L 2013, c 85, §1; am L 2014, c 96, §2; am L 2025, c 160, §2 and c 293, §1]
Haw. Rev. Stat. § 6E-74 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-74
Criminal penalties not in lieu of civil or administrative penalties.
Status: in_force

The criminal penalties imposed by this part are in addition to, and not in lieu of, any civil or administrative penalties provided by law.
Haw. Rev. Stat. § 1-13.5 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-13.5
Hawaiian language; spelling.
Status: in_force

(a) Kahakō and `okina may be used in the spelling of words or terms in the Hawaiian language in documents prepared by or for state or county agencies or officials.

(b) Effective July 1, 2023, any letterhead prepared by or for state or county agencies or officials that contains names or words in the Hawaiian language shall use and spell the names and words consistently; provided that revisions to conform any letterhead existing before July 1, 2023, to the requirements of this section may be implemented when the letterhead requires replacement, reprinting, or otherwise requires revision.

(c) Any rule, order, policy, or other act, official or otherwise, that prohibits or discourages the use of kahakō and `okina or the consistent use and spelling of Hawaiian names and words, as provided by this section, shall be void.

(d) For the purposes of consistency, any Hawaiian names and words used in letterhead subject to subsection (b) shall be printed in conformance with:

(1) "Hawaiian Dictionary: Hawaiian-English, English-Hawaiian", by Mary Kawena Pukui and Samuel H. Elbert, University of Hawai`i Press, copyright 1986;

(2) Any other commonly used Hawaiian-language dictionary;

(3) "Place Names of Hawaii", by Mary Kawena Pukui, Samuel H. Elbert, and Esther T. Mookini, University of Hawai`i Press, copyright 1974, as revised and expanded in 1976;

(4) Consultations from members of the Hawaiian-speaking language community, including native speakers;

(5) Consultations with the Hawaii board on geographic names for the names and spellings of geographic features in Hawaii; or

(6) The Hawaiian newspaper collection Nupepa Olelo Hawaii.

(e) Violation of this section shall not invalidate any document or render it unenforceable and shall provide no cause of action against the State; any county; or any state or county agency, official, or employee.

(f) If, in any document covered by this section, there is a conflict between words used by native speakers and second language speakers, two versions of the document may be made available to the public upon request if the affected department has sufficient resources.

(g) For the purpose of this section, "native speakers" means speakers of the Hawaiian language who come from an unbroken lineage of primary speakers of the Hawaiian language. [L 1992, c 169, §2; am L 2022, c 170, §2]
Haw. Rev. Stat. § 5-7.7 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-7.7
Aloha order of merit location.
Status: in_force

There shall be set aside within the Daniel K. Inouye International Airport an area to exhibit commemorative displays honoring members of the order. The displays may include likenesses of members and descriptions of the meritorious achievements of each member.
Haw. Rev. Stat. § 8-42 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-42
[ §8-42] Laulau Day.
Status: in_force

[ §8-42] Laulau Day. The first Friday in May of each year shall be known and designated as "Laulau Day". This day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 5-21 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-21
State dance.
Status: in_force

Hula is adopted, established, and designated as the official dance of the State.
Haw. Rev. Stat. § 5-15 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-15
State gem.
Status: in_force

The black coral is established and designated as the official gem of the State.
Haw. Rev. Stat. § 6E-39 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-39
Jurisdiction over World War II memorial.
Status: in_force

The jurisdiction and control of the World War II memorial, located in the front of the state office building in Honolulu, is vested in the state department of accounting and general services.
Haw. Rev. Stat. § 1-28 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-28
Service of notice by mail.
Status: in_force

Wherever a state statute provides for the giving of notice or service of legal process by registered mail the sending of such notice or service of such legal process may be made by means of certified mail, return receipt requested and deliver to addressee only.
Haw. Rev. Stat. § 6E-40 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-40
Bernice Pauahi Bishop Museum.
Status: in_force

The official designation of the Bernice Pauahi Bishop Museum shall be the State of Hawaii Museum of Natural and Cultural History. The qualifying standards and conditions related to the receipt of funds contained in chapter 42F shall not apply to funds received by the State of Hawaii Museum of Natural and Cultural History; provided that if the museum in turn contracts with a recipient or provider, then the qualifying standards, conditions, and other provisions of chapter 42F shall apply to the recipient or provider and the contract.
Haw. Rev. Stat. § 8-21 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-21
Domestic Violence Awareness Month.
Status: in_force

The month of October shall be known and designated as "Domestic Violence Awareness Month" to promote public awareness of domestic violence as a significant societal, public health, and criminal justice problem. This month is not and shall not be construed as a state holiday.
Haw. Rev. Stat. § 6E-32.5 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-32.5
Mount Olomana state monument.
Status: in_force

There is established the Mount Olomana state monument as a historic landmark on Oahu to be administered by the department of land and natural resources and to consist of those lands that the department determines to be essential to the preservation of the visual, cultural, and historical aspects and significance of Mount Olomana. Subject to legislative appropriation, the department shall acquire through purchase, land exchange, or both, those lands identified as significant to the preservation of Mount Olomana as a historic landmark.
Haw. Rev. Stat. § 1-8 — HI Code / Title 1 / Chapter 1 / Section 1-8
No revivor on repeal; exception.
Status: repealed

The repeal of any law shall not revive any other law which has been repealed, unless it is clearly expressed. [CC 1859, pt of §20; RL 1925, §22; RL 1935, §24; RL 1945, §24; RL 1955, §1-11; HRS §1-8]
Haw. Rev. Stat. § 1-11 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-11
Effect of repeal on pending suit or prosecution.
Status: repealed

No suit or prosecution pending at the time of the repeal of any law, for any offense committed, or for the recovery of any penalty or forfeiture incurred under the law so repealed, shall be affected by such repeal. [CC 1859, §23; RL 1925, §25; RL 1935, §27; RL 1945, §27; RL 1955, §1-14; HRS §1-11]
Haw. Rev. Stat. § 1B-1 — HI Code / Division 1 / Title 1 / Chapter 1B / Section 1B-1
Rural areas and federal programs.
Status: in_force

(a) The term "rural" under this section shall be strictly used to determine if an area qualifies for a federal program that requires that an area be defined or designated as rural under state or federal law. This section does not connote any land use functions for the area so designated or in any way affect the use or definition of rural districts established pursuant to section 205-2.

(b) An area that qualifies as rural pursuant to a federal definition shall be considered rural by the State for purposes of this section only.

(c) If an area does not qualify as rural pursuant to a federal definition, the following definitions may be used for determining the area's rural status for the purposes of a federal program that accepts state definitions:

(1) Any island with a population density fewer than or equal to five hundred people per square mile shall be considered rural; and

(2) If an island's population density exceeds five hundred people per square mile, an area within the island shall be considered rural if it is within a zip code tabulation area with a population density below eight hundred people per square mile as determined by the population of the last official census and using the entire zip code tabulation area as determined by the United States Census Bureau. [L 2013, c 144, §2]
Haw. Rev. Stat. § 6D-1 — HI Code / Division 1 / Title 1 / Chapter 6D / Section 6D-1
Definitions.
Status: in_force

As used in this chapter:

"Board" means the board of land and natural resources.

"Cave" means any naturally occurring void, cavity, recess, or system of interconnected passages large enough for human entry, occurring beneath the surface of the earth or within a cliff or ledge, including the cave resources therein, whether or not an entrance exists or is natural or artificial, and that is of archaeological, geological, biological, or cultural significance. The term includes such forms as a lava tube, natural pit, sinkhole, underwater cave, or other feature that is an extension of the entrance.

"Cave life" means any living native plant, animal, fungus, or microorganism occurring naturally in caves or in cave entrances or entrance pits.

"Cave resource" means any material or substance occurring in caves, such as native animal life, native plant life, evidence of past human use over fifty years old, and tangible and intangible attributes associated with cultural traditions over fifty years old, paleontological deposits, sediments, minerals, speleogens, and speleothems. This includes historic properties as defined in chapter 6E.

"Commercial entry" means an activity undertaken to exhibit a cave for which compensation is received by any person for goods, services, or both, rendered to customers or participants in that use or activity. Commercial entry includes activities whose base of operations are outside the boundaries of the premises, or provide transportation to or from the premises. Any person receiving compensation in conjunction with a use or activity who seeks to qualify as noncommercial shall have the burden of establishing to the satisfaction of the department that the fee or charge is strictly a sharing of actual expenses of the use or activity. A not-for-profit organization that charges only a nominal fee to cover administrative costs and conducts a use or activity at a frequency or magnitude that does not significantly contribute to the degradation of the cave and its resources is not conducting a commercial entry.

"Construction context" means all permitted land-altering activities necessary to construct any and all manner of improvements on the surface of a property including but not limited to foundations, basements, roads, and buildings. The term also means all permitted land-altering activities necessary to construct subsurface tunnels for highways and utilities.

"Department" means the department of land and natural resources.

"Educational purposes" means entrance into a cave by faculty or staff and students of recognized educational institutions for the purpose of education relating to some aspect of the cave, including but not restricted to cave geology, mineralogy, hydrology, biology, archaeology, paleontology, management, and hazards.

"Gate" means any structure or device located to limit, control, or prohibit access to, or entry to, any portion of a cave.

"Owner" means the persons who hold title to or are in possession of the land on or under which a cave is located, or the persons' lessee or agent. The term also includes an agency that holds title to, manages, or controls public land on or under which a cave is located.

"Paleontological deposit" means any remains or fossils of life forms or surface debris that are over fifty years of age and provide a record of past climates and biota.

"Person" shall be as defined in section 1-19.

"Scientific purposes" means research, or exploration, or both, conducted by persons affiliated with recognized scientific organizations with the intent to advance knowledge and to publish the results of exploration or research in an appropriate medium.

"Speleogen" means relief features on the walls, ceiling, or floor of any cave.

"Speleothem" means any secondary natural mineral formation or deposit occurring in a cave, including any stalactite, stalagmite, helictite, cave flower, flowstone, concretion, drapery, rimstone, or formation of clay or other sediment. [L 2002, c 241, pt of §2]
Haw. Rev. Stat. § 6D-2 — HI Code / Division 1 / Title 1 / Chapter 6D / Section 6D-2
Prohibitions.
Status: in_force

(a) It shall be unlawful for any person to intentionally, knowingly, or recklessly break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave, or the cave resources within the cave, whether attached or broken, including speleothems, speleogens, and sedimentary deposits, without the owner's written permission being first obtained.

(b) It shall be unlawful for any person to break, force, tamper with, or otherwise disturb a gate to any cave, even though entrance thereto may not be gained, without the owner's permission being first obtained.

(c) It shall be unlawful for any person to remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this chapter.

(d) It shall be unlawful for any person to take, appropriate, excavate, injure, destroy, or alter any paleontological deposit, which may be found in a cave without the owner's written permission being first obtained.

(e) This section shall not apply to caves inadvertently encountered within the normal course of a construction context; provided that any cave protection measures imposed through the environmental review process under chapter 343 or any land use permit conditions shall be followed. [L 2002, c 241, pt of §2]
Haw. Rev. Stat. § 6E-42 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-42
Review of proposed projects.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use, which may affect historic property, aviation artifacts, or a burial site, the agency or officer shall advise the department and, before any approval, allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places. If:

(1) The proposed project consists of corridors or large land areas;

(2) Access to properties is restricted; or

(3) Circumstances dictate that construction be done in stages,

the department's review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.

(b) Once the department has provided written concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the appropriate agency or officer of the State or any of its political subdivisions may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:

(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or any of its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or any of its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and

(2) If a burial site is inadvertently discovered, the appropriate agency or officer of the State or any of its political subdivisions shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.

(c) The department shall inform the public of any project proposals submitted to the department under this section that are not otherwise subject to the requirement of a public hearing or other public notification.

(d) Counties deriving and expending revenues on mass transit stations pursuant to section 46-16.8 may request programmatic review by the department for a majority-residential mixed-use transit-oriented development or residential transit-oriented development where a permit, license, certificate, land use change, subdivision, or other entitlement may be required.

(e) No later than January 1, 2026, the counties and the Hawaii community development authority shall work with the department to identify and submit to the department specific parcels and rights-of-way in proximity to mass transit stations where a majority-residential mixed-use transit-oriented development, a residential transit-oriented development, or infrastructure is specifically consistent with a comprehensive general plan adopted pursuant to section 46-4; provided that the counties and Hawaii community development authority shall:

(1) First consult with the department and agree through memorandum on the mass transit stations, and specific transit-oriented development parcels and rights-of-way, scoping the potential area for initiating programmatic review; and

(2) Then solicit requests and consent from non-county landowners to have their parcels and rights-of-way within the scoped area of the memorandum initiating programmatic review to proceed with the programmatic review process.

(f) The department shall review all parcels and rights-of-way submitted by the counties and the Hawaii community development authority pursuant to the scoping memorandum and classify each parcel and right-of-way, within six months of submittal, according to the risk that a majority-residential mixed-use transit-oriented development or residential transit-oriented development may pose to historic properties. The classification shall be categorized into three categories, in order of potential effect level from high to low, in the categories of architecture, archaeology, and history and culture; provided that:

(1) All county and non-county and Hawaii community development authority parcels and [rights-of-way] for programmatic review shall include the county's or the Hawaii community development authority's assessment of whether development on each parcel or right-of-way may affect historic property, aviation artifacts, or a burial site; and

(2) The assessment is based on:

(A) The Hawaii or national register of historic places;

(B) The age of above-surface structures;

(C) Any existing archaeological inventory surveys previously accepted by the department;

(D) Any burial treatment plans accepted by the department;

(E) The type of substrate known to typically contain burials;

(F) Consultation with the:

(i) Relevant island burial council; and

(ii) Office of Hawaiian affairs; and

(G) Any other literary review relevant to the area.

(g) The department shall work with the county that made the submittal and the Hawaii community development authority to develop and agree on permitting memoranda within three months of classification regarding development best practices, including continued identification, addressing levels of risk for the lower two effect levels in each of the categories, including but not limited to creating photo inventories, conducting an archaeological field survey, archaeological excavation, or onsite archaeological monitoring, and the presence of onsite archaeological monitoring, and consider these best practices as standardized for activities conducted under this section.

A county and the Hawaii community development authority shall incorporate by reference these best practices as conditions of approval for any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use.

(h) Parcels and rights-of-way identified by the department where all categories are rated in the lower two effect levels shall be considered to comply with subsections (a) or (b) or section 6E-8 regarding state or county lands or projects, and any subsequent permit, license, certificate, land use change, subdivision, or other entitlement for use shall not require referral to or written concurrence from the department on project effect determination and mitigation measures; provided that:

(1) The project is or includes infrastructure to support the development of:

(A) A majority-residential mixed-use transit-oriented development; or

(B) A residential transit-oriented development;

(2) The project has reached substantial construction by June 30, 2036; and

(3) Development activities have commenced consistent with best practices to address the applicable level of risk.

(i) Any parcels or rights-of-way characterized as highest risk shall require referral to the department pursuant to subsection (a).

(j) Section 6E-43.6 shall apply in the event of an inadvertent discovery of a burial site.

(k) The Hawaii housing finance and development corporation may submit to the department any additional parcels or rights-of-way for programmatic review if the counties do not provide a submittal pursuant to subsection (e); provided that the same analysis shall be conducted pursuant to subsection (f), and the department shall classify the submittal within six months of receipt.

(l) The Hawaii community development authority may submit parcels or rights-of-way within its jurisdiction to the department for review , and any parcels or rights-of-way identified by the department for which all categories are rated in the lower two effect levels shall be considered to comply with subsections (a) or (b) or section 6E-8 regarding state or county lands or projects, and any subsequent permit, license, certificate, land use change, subdivision, or other entitlement for use shall not require referral to the department; provided that:

(1) The project is or includes infrastructure to support the development of:

(A) A majority-residential mixed-use transit-oriented development; or

(B) A residential transit-oriented development;

(2) The project has reached substantial construction by June 30, 2036;

(3) Development activities have commenced consistent with best practices to address the applicable level of risk; and

(4) The department shall classify the submittal within six months of receipt.

(m) The department shall adopt rules in accordance with chapter 91 to implement this section.

(n) For the purposes of this section, "majority-residential mixed-use transit-oriented development" means a mixed-use transit-oriented development project where the majority of the project is residential and may include off-site infrastructure. [L 1988, c 265, pt of §1; am L 1990, c 306, §12; am L 1995, c 187, §3; am L 1996, c 97, §10; am L 2013, c 85, §3; am L 2015, c 224, §3; am L 2025, c 160, §5]

§6E-42 Review of proposed projects. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] [Repeal and reenactment on June 30, 2030. L 2025, c 306, §7(2).] (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use that may affect historic property, aviation artifacts, or a burial site, the agency or officer shall advise the department and, before any approval, allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places. If:

(1) The proposed project consists of corridors or large land areas;

(2) Access to properties is restricted; or

(3) Circumstances dictate that construction be done in stages,

the department's review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.

(b) Once the department has provided written concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the appropriate agency or officer of the State or any of its political subdivisions may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:

(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or any of its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or any of its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and

(2) If a burial site is inadvertently discovered, the appropriate agency or officer of the State or any of its political subdivisions shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.

(c) The department shall inform the public of any project proposals submitted to the department under this section that are not otherwise subject to the requirement of a public hearing or other public notification.

[(d)] Whenever the project involves the development of residential units or mixed-use development, as long as a majority of the mixed-use development is residential, and after an initial evaluation, the department determines that:

(1) The department will not be able to provide its review and comment within sixty days of being advised pursuant to subsection (a);

(2) The third-party consultant has the qualifications and experience required by subsection [(e)] to conduct the review; and

(3) The contract with the third-party consultant:

(A) Requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment; and

(B) Allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third-party consultant:

(i) Has evidenced insufficient compliance with the state historic preservation laws and rules; or

(ii) Has not completed assigned historic preservation reviews accurately,

then the department may retain a third-party consultant to conduct the review and comment described under subsection (a) no later than sixty days after being advised pursuant to subsection (a); provided that this subsection shall not apply to projects that trigger section 106 of the National Historic Preservation Act of 1966, as amended.

[(e)] Whenever the department retains any third-party consultant, including any architect, engineer, archaeologist, planner, or other professional, to review an application for a permit, license, or approval under subsection [(d)], the third-party consultant shall:

(1) Meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division;

(2) Follow state ethics rules; and

(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.

[(f)] The project proponent shall pay the reasonable fee requirements of the third-party consultant; provided that the project proponent may contract with or sponsor any county, housing authority, non-profit organization, or person to meet the fee requirements.

[(g)] Counties deriving and expending revenues on mass transit stations pursuant to section 46-16.8 may request programmatic review by the department for a majority-residential mixed-use transit-oriented development or residential transit-oriented development where a permit, license, certificate, land use change, subdivision, or other entitlement may be required.

[(h)] No later than January 1, 2026, the counties and the Hawaii community development authority shall work with the department to identify and submit to the department specific parcels and rights-of-way in proximity to mass transit stations where a majority-residential mixed-use transit-oriented development, a residential transit-oriented development, or infrastructure is specifically consistent with a comprehensive general plan adopted pursuant to section 46-4; provided that the counties and Hawaii community development authority shall:

(1) First consult with the department and agree through memorandum on the mass transit stations, and specific transit-oriented development parcels and rights-of-way, scoping the potential area for initiating programmatic review; and

(2) Then solicit requests and consent from non-county landowners to have their parcels and rights-of-way within the scoped area of the memorandum initiating programmatic review to proceed with the programmatic review process.

[(i)] The department shall review all parcels and rights-of-way submitted by the counties and the Hawaii community development authority pursuant to the scoping memorandum and classify each parcel and right-of-way, within six months of submittal, according to the risk that a majority-residential mixed-use transit-oriented development or residential transit-oriented development may pose to historic properties. The classification shall be categorized into three categories, in order of potential effect level from high to low, in the categories of architecture, archaeology, and history and culture; provided that:

(1) All county and non-county and Hawaii community development authority parcels and [rights-of-way] for programmatic review shall include the county's or the Hawaii community development authority's assessment of whether development on each parcel or right-of-way may affect historic property, aviation artifacts, or a burial site; and

(2) The assessment is based on:

(A) The Hawaii or national register of historic places;

(B) The age of above-surface structures;

(C) Any existing archaeological inventory surveys previously accepted by the department;

(D) Any burial treatment plans accepted by the department;

(E) The type of substrate known to typically contain burials;

(F) Consultation with the:

(i) Relevant island burial council; and

(ii) Office of Hawaiian affairs; and

(G) Any other literary review relevant to the area.

[(j)] The department shall work with the county that made the submittal and the Hawaii community development authority to develop and agree on permitting memoranda within three months of classification regarding development best practices, including continued identification, addressing levels of risk for the lower two effect levels in each of the categories, including but not limited to creating photo inventories, conducting an archaeological field survey, archaeological excavation, or onsite archaeological monitoring, and the presence of onsite archaeological monitoring, and consider these best practices as standardized for activities conducted under this section.

A county and the Hawaii community development authority shall incorporate by reference these best practices as conditions of approval for any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use.

[(k)] Parcels and rights-of-way identified by the department where all categories are rated in the lower two effect levels shall be considered to comply with subsections (a) or (b) or section 6E-8 regarding state or county lands or projects, and any subsequent permit, license, certificate, land use change, subdivision, or other entitlement for use shall not require referral to or written concurrence from the department on project effect determination and mitigation measures; provided that:

(1) The project is or includes infrastructure to support the development of:

(A) A majority-residential mixed-use transit-oriented development; or

(B) A residential transit-oriented development;

(2) The project has reached substantial construction by June 30, 2036; and

(3) Development activities have commenced consistent with best practices to address the applicable level of risk.

[(l)] Any parcels or rights-of-way characterized as highest risk shall require referral to the department pursuant to subsection (a).

[(m)] Section 6E-43.6 shall apply in the event of an inadvertent discovery of a burial site.

[(n)] The Hawaii housing finance and development corporation may submit to the department any additional parcels or rights-of-way for programmatic review if the counties do not provide a submittal pursuant to subsection [(h)]; provided that the same analysis shall be conducted pursuant to subsection [(i)], and the department shall classify the submittal within six months of receipt.

[(o)] The Hawaii community development authority may submit parcels or rights-of-way within its jurisdiction to the department for review, and any parcels or rights-of-way identified by the department for which all categories are rated in the lower two effect levels shall be considered to comply with subsections (a) or (b) or section 6E-8 regarding state or county lands or projects, and any subsequent permit, license, certificate, land use change, subdivision, or other entitlement for use shall not require referral to the department; provided that:

(1) The project is or includes infrastructure to support the development of:

(A) A majority-residential mixed-use transit-oriented development; or

(B) A residential transit-oriented development;

(2) The project has reached substantial construction by June 30, 2036;

(3) Development activities have commenced consistent with best practices to address the applicable level of risk; and

(4) The department shall classify the submittal within six months of receipt.

[(p)] The department shall adopt rules in accordance with chapter 91 to implement this section.

[(q)] For the purposes of this section, "majority-residential mixed-use transit-oriented development" means a mixed-use transit-oriented development project where the majority of the project is residential and may include off-site infrastructure. [L 1988, c 265, pt of §1; am L 1990, c 306, §12; am L 1995, c 187, §3; am L 1996, c 97, §10; am L 2013, c 85, §3; am L 2015, c 224, §3; am L 2025, c 160, §5 and c 306, §3]
Haw. Rev. Stat. § 8-25 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-25
Human Trafficking Awareness Month.
Status: in_force

[§8-25]Human Trafficking Awareness Month. The month of January shall be known and designated as "Human Trafficking Awareness Month" to promote public awareness of human trafficking as a significant societal and public health crisis. This month is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 10H-4 — HI Code / Division 1 / Title 1 / Chapter 10H / Section 10H-4
Notice of qualified Native Hawaiian roll.
Status: in_force

(a) The commission shall publish notice of the certification of the qualified Native Hawaiian roll, update the roll as necessary, and publish notice of the updated roll of qualified Native Hawaiians; provided that the commission shall not publish or release any verification documents of any qualified Native Hawaiian on the roll.

(b) The publication of the initial and updated rolls shall serve as the basis for the eligibility of qualified Native Hawaiians whose names are listed on the rolls to participate in the organization of the Native Hawaiian governing entity. [L 2011, c 195, pt of §2; am L 2012, c 84, §2]
Haw. Rev. Stat. § 9-19 — HI Code / Division 1 / Title 1 / Chapter 9 / Section 9-19
[ §9-19] Performing arts grants program.
Status: in_force

[ §9-19] Performing arts grants program. (a) There is established a performing arts grants program, to be placed in the foundation for administrative purposes, to provide grants for the coordination, planning, promotion, marketing, and execution of performing arts events.

(b) The foundation shall administer the performing arts grants program in accordance with this part.

(c) The foundation shall submit an annual report to the legislature, no later than twenty days prior to the convening of the regular session of 2026 and every regular session thereafter, on performing arts grants awarded and the outcomes of each performing arts event that received a grant. [L 2025, c 131, pt of §2]
Haw. Rev. Stat. § 5-6 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-6
Seal; commercial use.
Status: in_force

Whoever uses any representation of the great seal or the coat of arms of the State in any advertisement or for any commercial purpose or in any manner likely to give the impression of official State approval shall be guilty of a misdemeanor. The preceding sentence shall not be construed to apply to the use of the seal or the coat of arms in any newspaper, periodical, book or pamphlet wherein the seal or coat of arms is printed for informational purposes only.
Haw. Rev. Stat. § 1-9 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-9
Express or implied repeals.
Status: in_force

The repeal of a law is either express or implied. It is express when it is literally declared by a subsequent law; it is implied when the new law contains provisions contrary to, or irreconcilable with, those of the former law. [CC 1859, §21; RL 1925, §23; RL 1935, §25; RL 1945, §25; RL 1955, §1-12; HRS §1-9]
Haw. Rev. Stat. § 6D-8 — HI Code / Division 1 / Title 1 / Chapter 6D / Section 6D-8
Burial discovery.
Status: in_force

Anyone traversing a cave who discovers a burial site shall immediately cease their activity and leave the cave. The discovery shall be reported as soon as possible to the department. The department shall follow the procedures described in section 6E-43.6.
Haw. Rev. Stat. § 6K-8.5 — HI Code / Division 1 / Title 1 / Chapter 6K / Section 6K-8.5
General administrative penalties.
Status: in_force

(a) Except as otherwise provided by law, the commission is authorized to set, charge, and collect administrative fines, or bring legal action to recover administrative costs of the commission or the department, or payment for damages, or for the cost to correct damages resulting from a violation of chapter 6K or any rule adopted thereunder. The administrative fines shall be as follows:

(1) For a first violation, by a fine of not more than $10,000;

(2) For a second violation within five years of a previous violation, by a fine of not more than $15,000; and

(3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $25,000.

(b) In addition, an administrative fine of up to $5,000 may be levied for each specimen of natural resource or any historic property taken, killed, injured, broken, or damaged in violation of any rule adopted under this chapter. For purposes of this section, "natural resource" includes any archaeological artifacts, minerals, any aquatic life or wildlife or parts thereof, including their eggs, and any land plants or parts thereof, including seeds. Also for purposes of this section, "historic property" means any building, structure, object, districts, area, or site, including heiau and underwater site, which is over fifty years old.

(c) Any criminal penalty for any violation of this chapter or any rule adopted under this chapter shall not be deemed to preclude the commission from bringing a civil legal action to recover additional administrative fines and costs. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted under this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person.

(d) In any judicial proceeding to recover an administrative penalty imposed, the commission need only show that notice was given, that a hearing was held or the time granted for requesting a hearing has run without such a request, that an administrative penalty was imposed, and that the administrative penalty remains unpaid. [L 1997, c 66, §1]
Haw. Rev. Stat. § 8-8 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-8
Saint Damien de Veuster Day.
Status: in_force

May 10 of each year shall be known and designated as "Saint Damien de Veuster Day", provided that this day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 5-15.5 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-15.5
State plant.
Status: in_force

Kalo (Colocasia esculenta (L.) Schott), the Hawaiian word for taro, is adopted, established, and designated as the official plant of the State.
Haw. Rev. Stat. § 1-30 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-30
Hawaiian standard time applicable.
Status: in_force

In all statutes, ordinances, rules, regulations, and orders relating to the time of performance of any act by any state or county officer or agency, whether in the legislative, executive, or judicial branches of the government, or relating to the time within which any rights shall accrue or determine, or within which any act shall or shall not, may or may not, be performed by any person subject to the jurisdiction of the State, that time shall be Hawaiian standard time.
Haw. Rev. Stat. § 6K-4 — HI Code / Division 1 / Title 1 / Chapter 6K / Section 6K-4
Powers and duties.
Status: in_force

The department and other departments and agencies of the State shall be subject to the oversight of the commission with regard to the control and management of the island reserve. Subject to section 6K-6, the department shall:

(1) Implement controls and permitted uses for the island reserve;

(2) Enforce this chapter;

(3) Provide administrative support to the commission; and

(4) Authorize those of its employees as it deems reasonable and necessary to serve and execute warrants and arrest offenders or issue citations in all matters relating to enforcement of the laws and rules applicable to the island reserve. [L 1993, c 340, pt of §2; am L 1994, c 161, §3]
Haw. Rev. Stat. § 8-5.5 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-5.5
Queen Lili‘uokalani Day.
Status: in_force

September2 of each year shall be known and recognized as "Queen Lili‘uokalani Day" in memory of the birth of Queen Lili‘uokalani on September2, 1838; provided that this day shall not be a state holiday.
Haw. Rev. Stat. § 1-6 — HI Code / Title 1 / Chapter 1 / Section 1-6
Prohibitory law, effect.
Status: in_force

Whatever is done in contravention of a prohibitory law is void, although the nullity be not formally directed. [CC 1859, §8; RL 1925, §8; RL 1935, §8; RL 1945, §7; RL 1955, §1-9; HRS §1-6]
Haw. Rev. Stat. § 8-16 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-16
Peace Day.
Status: in_force

September 21 of each year shall be known and recognized as "Peace Day" to promote peace programs, improve international relations, and increase educational awareness of peace; provided that this day is not and shall not be construed to be a state holiday. All citizens shall be encouraged to observe and celebrate the blessings of peace and endeavor to create peace on Peace Day.
Haw. Rev. Stat. § 1-5 — HI Code / Title 1 / Chapter 1 / Section 1-5
Contracts in contravention of law.
Status: in_force

Private agreements shall have no effect to contravene any law which concerns public order or good morals. But individuals may, in all cases in which it is not expressly or impliedly prohibited, renounce what the law has established in their favor, when such renunciation does not affect the rights of others, and is not contrary to the public good. [CC 1859, §7; RL 1925, §7; RL 1935, §7; RL 1945, §6; RL 1955, §1-8; HRS §1-5]
Haw. Rev. Stat. § 6E-8.5 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-8.5
[ §6E-8.
Status: in_force

[ §6E-8.5] Proposed state or county housing projects; historic review requirements. (a) Notwithstanding section 6E-8, before any agency or officer of the State or its political subdivisions commences any housing project that may affect a historic property, an aviation artifact, or a burial site, the agency or officer shall advise and authorize the department to make a determination for the proposed project as to the effect of the project on the historic property, aviation artifact, or burial site. The project shall not commence or continue until the department has made its determination; provided that:

(1) If the department determines that the proposed project is in a:

(A) Highly sensitive area known to include a high density of historic, cultural, or archaeological resources, or in an area that is likely to contain a high density of historic, cultural, or archaeological resources, the department shall require an archaeological inventory survey in accordance with rules adopted by the department unless an archaeological inventory survey has already been previously reviewed and accepted by the department for the same or a substantially similar project located in the same project area, in which case the department may allow the project to proceed under an archaeological monitoring program pursuant to rules adopted by the department;

(B) Moderately sensitive area where an archaeological inventory survey has already been previously reviewed and accepted by the department and no significant historic properties have been previously identified, the department may authorize the project to proceed under an archaeological monitoring program in accordance with rules adopted by the department; or

(C) Nominally sensitive area known to include a low density of historic, cultural, or archaeological resources, or where the project area has been substantially disturbed by previous excavation or other ground disturbing work and no significant historic properties have been previously identified, the department may authorize the project to proceed without further review under this section; and

(2) The department's determination shall be based on:

(A) The Hawaii or national register of historic places;

(B) The age of above-surface structures;

(C) Any existing archaeological inventory surveys previously accepted by the department;

(D) Any burial treatment plans accepted by the department;

(E) The type of substrate known to typically contain burials;

(F) Consultation with the:

(i) Relevant island burial council; and

(ii) Office of Hawaiian affairs; and

(G) Any other literary review relevant to the area.

The department shall provide its written determination within ninety days after the filing of a complete and accurate project request with the department; provided that the department's determination may be appealed to the Hawaii historic places review board.

(b) The department shall confirm that housing projects have state inventory of historic places numbers for all historic properties located within the housing project area before the start of construction.

(c) A project proponent shall obtain state inventory of historic places numbers from the state historic preservation division for all historic properties located within a housing project area if an archaeological or architectural survey is conducted as part of the historic preservation review process. If an archaeological inventory survey is conducted before the start of construction, the project proponent shall obtain state inventory of historic places numbers for each historic property identified within the housing project area during archaeological monitoring before completion of construction.

(d) Before any agency or officer of the State or its political subdivisions commences any housing project that may adversely affect a significant historic property, the agency or officer shall make a reasonable and good faith effort to avoid or minimize any effect to the significant historic property. If any adverse effect cannot reasonably be avoided, the agency or officer shall mitigate the adverse effect. Mitigation includes but is not limited to preservation, archaeological data recovery, burial treatment, ethnographic documentation, historic data recovery, and architectural recordation. Mitigation shall be implemented pursuant to terms approved by the department or the relevant island burial council pursuant to section 6E-43.

(e) If previously unidentified human remains are inadvertently discovered during archaeological monitoring or housing project construction, all work within a twenty-foot radius of the:

(1) Discovery; and

(2) Back-dirt pile containing the soil removed during excavation in proximity of the discovery,

shall cease and both areas shall be securely covered and protected from the natural elements and adjacent activities; provided that work in other areas of the project may continue and may only proceed in accordance with section 6E-43.6.

(f) If a previously unidentified historic property is identified or previously unanticipated effects are found after the historic preservation review process has concluded during archaeological monitoring or housing project construction, all work within a twenty-foot radius of the discovery shall cease and the agency or officer shall notify the state historic preservation division within forty-eight hours of the discovery.

The notification shall include:

(1) A historic properties assessment that documents the historic, cultural, or archaeological resource and determines its significance;

(2) An assessment of effect that shall detail any impacts the project has had or will have on the historic, cultural, or archaeological resource; and

(3) Proposed actions that may be taken to avoid, minimize, or mitigate any adverse effects the project may have on the historic, cultural, or archaeological resource.

The state historic preservation division shall respond to the notification within two working days.

(g) Upon completion of any identified avoidance, minimization, and mitigation measures, the agency or officer shall submit a report to the state historic preservation division documenting the actions taken.

(h) The department shall adopt rules in accordance with chapter 91 to implement this section.

(i) For the purposes of this section, "housing project" or "project" means a housing project that is developed by, receiving financing from, or situated on land owned by the State or a county. [L 2025, c 311, §1]
Haw. Rev. Stat. § 8-16.2 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-16.2
Mohandas Karamchand Gandhi Day.
Status: in_force

October 2 of each year shall be known and designated as "Mohandas Karamchand Gandhi Day"; provided that this day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 4-3 — HI Code / Division 1 / Title 1 / Chapter 4 / Section 4-3
Districts include archipelagic waters, etc.
Status: in_force

Each of the districts includes archipelagic waters and smaller islands adjacent thereto.
Haw. Rev. Stat. § 5-20 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-20
Public display of Hawaiian flag; position.
Status: in_force

On every occasion of public display of the Hawaiian flag, within the State of Hawaii, it shall occupy the position of honor when displayed in company with the flags of other states, nations or international organizations; provided, however, that when the United States flag is displayed with the Hawaiian flag, the national flag shall occupy such position of honor.
Haw. Rev. Stat. § 9-15 — HI Code / Division 1 / Title 1 / Chapter 9 / Section 9-15
Contracts.
Status: in_force

(a) The foundation shall not release the public funds approved for a foundation grant unless a contract is entered into between the foundation and the recipient of the grant. The foundation shall develop and determine, in consultation with and subject to the review and approval of the attorney general, the specific contract form to be used.

(b) Payment of funds shall be made within sixty days after a contract is executed. Contracts shall be executed in accordance with the foundation's rules adopted pursuant to section 9-5 and no later than ninety days after receipt of a foundation-approved revised service proposal or foundation-approved certification that there have been no programmatic or budgetary changes to the application.

(c) All contracts shall be reviewed by the attorney general for conformance with this part. [L 1992, c 181, pt of §1; am L 1993, c 6, §2]
Haw. Rev. Stat. § 5-10.5 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-10.5
State musical instrument; `auana; kahiko.
Status: in_force

(a) The `ukulele is established and designated as the official `auana musical instrument of the State.

(b) The pahu is established and designated as the official kahiko musical instrument of the State. [L 2015, c 6, §2]
Haw. Rev. Stat. § 10-4.5 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-4.5
Authority over disbursements.
Status: in_force

(a) Except as provided in subsection (b), and notwithstanding any other law to the contrary, the office shall have and exercise the power to make all necessary and appropriate disbursements of its moneys by issuing checks in its own name and by any other means.

(b) The office shall have and exercise the power to deposit any of its moneys in any banking institution within or outside the State, to the extent necessary to implement subsection (a).

(c) The department of accounting and general services, with the approval of the office of Hawaiian affairs, may continue to perform the payroll function of the office, including the issuance of salary checks for the office's employees. [L 2005, c 107, §1]
Haw. Rev. Stat. § 6E-34 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-34
Capitol site.
Status: in_force

The portion of the "Honolulu Civic Center" adopted by the Honolulu city planning commission on February23, 1945, as the master plan for the city and county of Honolulu after a public hearing on February1, 1945, for the executive-legislative center, specifically that area of Honolulu bounded by Richards, Beretania, Punchbowl, and Hotel Streets, for which lands have been acquired and preliminary plans have been designed pursuant to Act 401, Session Laws of Hawaii 1949, is designated as the capitol site for the State.
Haw. Rev. Stat. § 6K-6 — HI Code / Division 1 / Title 1 / Chapter 6K / Section 6K-6
Responsibilities and duties of the commission.
Status: in_force

The general administration of the island reserve shall rest with the commission. In carrying out its duties and responsibilities, the commission:

(1) Shall establish criteria, policies, and controls for permissible uses within the island reserve;

(2) Shall approve all contracts for services and rules pertaining to the island reserve;

(3) Shall provide advice to the governor, the department, and other departments and agencies on any matter relating to the island reserve;

(4) Shall provide advice to the office of planning and sustainable development and the department of the attorney general on any matter relating to the federal conveyance of Kaho`olawe;

(5) May enter into curator or stewardship agreements with appropriate Hawaiian cultural and spiritual community organizations for the perpetuation of native Hawaiian cultural, religious, and subsistence customs, beliefs, and practices for the purposes stated in section 6K-3;

(6) Shall carry out those powers and duties otherwise conferred upon the board of land and natural resources and the land use commission with regard to dispositions and approvals pertaining to the island reserve. All powers and duties of the board of land and natural resources and the land use commission concerning dispositions and approvals pertaining to the island reserve are transferred to the commission;

(7) Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the county of Maui by chapter 205A. The powers and duties of the county of Maui and its agencies concerning coastal zone dispositions and approvals pertaining to the island reserve are transferred to the commission;

(8) Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the island burial councils and the department with regard to proper treatment of burial sites and human skeletal remains found in the island reserve;

(9) Shall adopt rules in accordance with chapter 91 that are necessary for the purposes of this chapter and shall maintain a record of its proceedings and actions;

(10) May delegate to the executive director or employees of the commission, by formal commission action, such power and authority vested in the commission by this chapter as the commission deems reasonable and proper for the effective administration of this chapter; and

(11) May solicit and accept grants, donations, and contributions for deposit into the Kaho`olawe rehabilitation trust fund to support the purposes of this chapter. [L 1993, c 340, pt of §2; am L 1994, c 161, §5; am L 1996, c 299, §3; am L 1997, c 205, §1; am L 2001, c 126, §1; am L 2021, c 153, §8]
Haw. Rev. Stat. § 10-15.5 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-15.5
REPEALED.
Status: in_force

L 1990, c 304, §§14, 16.
Haw. Rev. Stat. § 5-14 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-14
State team sport.
Status: in_force

Outrigger canoe paddling is adopted, established, and designated as the official team sport of the State, to be effective for as long as the legislature of the State does not otherwise provide.
Haw. Rev. Stat. § 6K-9.5 — HI Code / Division 1 / Title 1 / Chapter 6K / Section 6K-9.5
Kaho`olawe rehabilitation trust fund.
Status: in_force

(a) There is created in the state treasury a trust fund to be designated as the Kaho`olawe rehabilitation trust fund to be administered by the department with the prior approval of the commission. Subject to Public Law 103-139, and this chapter:

(1) All moneys received from the federal government for the rehabilitation and environmental restoration of the island of Kaho`olawe or other purposes consistent with this chapter;

(2) Any moneys appropriated by the legislature to the trust fund;

(3) Any moneys received from grants, donations, or the proceeds from contributions; and

(4) The interest or return on investments earned from moneys in the trust fund,

shall be deposited in the trust fund and shall be used to fulfill the purposes of this chapter.

(b) The commission may use moneys in the trust fund to carry out the purposes of this chapter, including hiring employees, specialists, and consultants necessary to complete projects related to the purposes of this chapter.

(c) Moneys deposited into or appropriated to the trust fund shall remain available until they are obligated or until the trust fund is terminated.

(d) If the trust fund is terminated, all funds shall be transferred to the general fund; provided that all unexpended or unencumbered balances shall be disbursed in accordance with any requirements set by funding sources and for purposes consistent with this chapter.

(e) The commission shall submit an annual report on the status of the Kaho`olawe rehabilitation trust fund to the legislature, no later than twenty days prior to the convening of each regular session of the legislature. The annual report shall include the total number of and amount of grants, donations, and contributions received and balances remaining on June 30 of each year. [L 1994, c 161, §2; am L 2001, c 126, §2]
Haw. Rev. Stat. § 1-3 — HI Code / Title 1 / Chapter 1 / Section 1-3
Laws not retrospective.
Status: in_force

No law has any retrospective operation, unless otherwise expressed or obviously intended. [CC 1859, §5; RL 1925, §5; RL 1935, §5; RL 1945, §4; am L 1955, c 57, §1(a); RL 1955, §1-6; HRS §1-3]
Haw. Rev. Stat. § 6E-15 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-15
Regulations, special conditions or restrictions.
Status: in_force

In addition to any power or authority of a political subdivision to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of any political subdivision may provide by regulations, special conditions, or restrictions for the protection, enhancement, preservation, and use of historic properties or burial sites. These regulations, special conditions, and restrictions may include appropriate and reasonable control of the use or appearance of adjacent or associated private property within the public view, or both, historic easements, preventing deterioration by wilful neglect, permitting the modification of local health and building code provisions, and transferring development rights.
Haw. Rev. Stat. § 5-13.5 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-13.5
State individual sport.
Status: in_force

Surfing is adopted, established, and designated as the official individual sport of the State.
Haw. Rev. Stat. § 6E-36 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-36
Sand Island.
Status: in_force

The island on the southwest side of Honolulu Harbor, Oahu, 21 degrees 18 minutes 30 seconds north, 157 degrees 53 minutes 00 seconds west, city and county of Honolulu, proclaimed Anuenue (also known as Rainbow Island) by memorandum 1969-4 of the governor shall be named Sand Island. The name Sand Island shall be used on all official state maps, documents, and correspondence.
Haw. Rev. Stat. § 1-24 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-24
Interpretation of uniform acts.
Status: in_force

All provisions of uniform acts adopted by the State shall be so interpreted and construed as to effectuate their general purpose to make uniform the laws of the states and territories which enact them.
Haw. Rev. Stat. § 10-11 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-11
Salary of the administrator.
Status: in_force

The salary of the administrator shall be established by the board; provided that such salary shall not exceed the salary of department heads or executive officers established by law. The administrator shall be included in any benefit program generally applicable to officers and employees of the State.
Haw. Rev. Stat. § 6F-3 — HI Code / Division 1 / Title 1 / Chapter 6F / Section 6F-3
Executive board.
Status: in_force

(a) The responsibility for general administration and the proper operation of the center shall be vested in an executive board to be known as the board of the judiciary history center. The board shall have power in accordance with law to formulate policy and to exercise control over the center. The board shall consist of five members appointed by the chief justice; provided that three members shall be selected from a list of seven candidates submitted by the friends of the judiciary history center. The term of each member shall be for four years, commencing on July 1, and expiring on June 30; provided that of the five members appointed for terms commencing July 1, 1990, two members shall serve for four years, two members shall serve for three years, and one member shall serve for two years. The members shall serve without compensation but they shall be reimbursed for travel and other necessary expenses incurred in the performance of their official duties.

(b) A vacancy on the board shall be filled for the remainder of the unexpired term or, if expired, for a new term by the chief justice; provided that a vacancy in any one of the three positions originally appointed by the chief justice from a list submitted by the friends of the judiciary history center shall be filled by the chief justice from a list of three candidates submitted by the friends of the judiciary history center. [L 1990, c 211, pt of §3; am L 2008, c 27, §1]
Haw. Rev. Stat. § 9-5 — HI Code / Division 1 / Title 1 / Chapter 9 / Section 9-5
Rules.
Status: in_force

The foundation shall adopt rules in consultation with the comptroller for the purposes of administering this chapter. Such rules shall be adopted in accordance with chapter 91.
Haw. Rev. Stat. § 8-4 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-4
Buddha Day.
Status: in_force

April8 of each year shall be known and designated as "Buddha Day", provided that this day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 4E-2 — HI Code / Division 1 / Title 1 / Chapter 4E / Section 4E-2
Chairperson, secretary.
Status: in_force

The representative from the department of land and natural resources shall serve as secretary of the board and as custodian of its official records. The board shall select one of its members as chairperson of the board to serve for a term of four years or until the chairperson's successor is selected.
Haw. Rev. Stat. § 8-41 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-41
[ §8-41] Hawaiian History Month.
Status: in_force

[ §8-41] Hawaiian History Month. The month of September shall be known and designated as "Hawaiian History Month" to promote public awareness of Hawaii's history, honor Queen Liliuokalani, and recognize the contributions of the Native Hawaiian community. This month is not and shall not be construed as a state holiday.
Haw. Rev. Stat. § 6E-38.5 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-38.5
Kohala Historical Sites State Monument.
Status: in_force

(a) There shall be a Kohala Historical Sites State Monument as an historical site on the island of Hawaii that shall include a cluster of historical sites, including the Mo‘okini Heiau, the Kamehameha birthsite, the Kukuipahu Heiau, and, upon acquisition by the State, the Mahukona historical sites. The monument shall be administered by the department of land and natural resources and shall consist of lands essential to the unimpaired preservation of the visual, cultural, and historical aspects of the Mo‘okini Luakini, Kamehameha birthsite, Kukuipahu Heiau, and Mahukona historical sites. The monument shall be for educational and cultural purposes and there shall be public access for enjoyment of the sites that are included within the monument.

The real property to be included within the monument shall include:

(1) Mo‘okini Luakini, Kamehameha birthsite, and Kukuipahu Heiau owned by the State;

(2) Historical sites at Mahukona; and

(3) Sufficient additional land surrounding all of the monument sites to preserve and protect them with adequate buffers and provide public access, including but not limited to those lands running along the coast between Huinamaka and Kalaelimukoko and those lands mauka of the Mo‘okini Heiau encompassing the area formerly used for the housing of the Mo‘okini priests and family gravesites, to be acquired by the State through gifts or land exchanges and to be designated by the board of land and natural resources as part of the monument upon acquisition.

(b) Prior to any alterations or improvements, not including routine maintenance to the monument, including the Mo‘okini Heiau, the department of land and natural resources shall consult with the kahuna nui of the Mo‘okini Heiau regarding the proposed alterations or improvements.

(c) Prior to any additional organized profit-making venture involving the monument, including the Mo‘okini Heiau, the entity proposing the venture shall consult with the kahuna nui of the Mo‘okini Heiau regarding the proposed venture. [L 1992, c 166, §2; am L 2007, c 59, §1]

Revision Note

In section title, "historical" substituted for "historic".
Haw. Rev. Stat. § 1-31 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-31
Hawaiian standard time; definition; observance.
Status: in_force

Hawaiian standard time is ten hours slower than Greenwich time, based on the mean solar time of the one hundred and fiftieth degree of longitude west from Greenwich and shall be the time which the entire State, including all of its political subdivisions, shall observe annually, notwithstanding the daylight time conversion provisions of the Uniform Time Act of 1966, Public Law 89-387, 80 Statutes at Large 107.
Haw. Rev. Stat. § 6E-32 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-32
Diamond Head State Monument.
Status: in_force

(a) There shall be a Diamond Head State Monument as a historical site on Oahu to be administered by the department of land and natural resources, and to consist of:

(1) All state owned lands within the state conservation land use district on the slopes of Diamond Head including the board of water supply booster pump site (tax map key 3-1-42:05);

(2) Those lands that the department considers essential to the unimpaired preservation of the visual and historic aspects of Diamond Head;

(3) Those state lands more fully described in this section that may be best used for recreational purposes and to increase public access and enjoyment of the monument; and

(4) Kuilei Cliffs Park (tax map key 3-1-42:02 and tax map key 3-1-38:29) and Diamond Head Park (tax map key 3-1-42:04 and tax map key 3-1-37:01), which shall be administered by the city and county of Honolulu in accordance with this section.

(b) All state lands within and adjacent to the monument shall be returned to the department for inclusion within the monument, including, but not limited to, lands identified by tax map key numbers 3-1-42:6, 8, 10, 14, 15, 16, 17, 21, 23, 24, 25, 37, and 38 and 3-1-35:22 and 23. The Na Laau Hawaii arboretum and parcels A, B, C, and D as described in Executive Order No. 2000 dated April9, 1962, establishing the Diamond Head State Monument, shall be included within the boundaries of the Diamond Head State Monument.

[(c)] The Diamond Head State Monument Plan, adopted by the board of land and natural resources in November of 1979, shall serve as the official document setting forth the future direction of the Diamond Head State Monument.

The board of land and natural resources may amend the monument plan from time to time with the review and recommendations of the Diamond Head citizen advisory committee, organized in October of 1977.

[(d)] Notwithstanding any other law, including county ordinances, to the contrary, no expansion of buildings and other structures and no construction activity shall take place within the boundaries of the Diamond Head State Monument; provided that the board of land and natural resources may permit improvement projects that are consistent with the Diamond Head State Monument Plan of 1979 to take place.

[(e)] So much of the transfer effected pursuant to Act 138, Laws of the Territory of Hawaii 1913, from the State to the city and county of Honolulu, as relates to the transfer of the Honolulu water and sewer works at the abandoned reservoir parcels identified by tax map key number 3-1-35:22 and 23, shall be withdrawn from the operation of Act 138. The right, title, and interest of the city and county of Honolulu relating to the abandoned reservoir site identified by tax map key number 3-1-35:22 and 23, appurtenant to the water and sewer works, shall revert to and be vested in the State. [L 1976, c 104, pt of §2; am L 1988, c 195, §2; am L 1992, c 313, §§3 to 6; am L 2001, c 258, §2]

Revision Note

Subsections (c) to (e) added by revisor.
Haw. Rev. Stat. § 6K-8 — HI Code / Division 1 / Title 1 / Chapter 6K / Section 6K-8
Penalty.
Status: in_force

Any person who violates any of the laws or rules applicable to the island reserve shall be guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both, for each offense. Each day of each violation shall be deemed a separate offense.
Haw. Rev. Stat. § 8-2 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-2
Observance of holidays falling on Sundays and Saturdays.
Status: in_force

If any of the State's legal holidays fall on Sunday, the following Monday shall be observed as a holiday. If the day falls on Saturday, the preceding Friday shall be observed as a holiday.
Haw. Rev. Stat. § 6K-3 — HI Code / Division 1 / Title 1 / Chapter 6K / Section 6K-3
Reservation of uses.
Status: reserved

(a) The Kaho`olawe island reserve shall be used solely and exclusively for the following purposes:

(1) Preservation and practice of all rights customarily and traditionally exercised by native Hawaiians for cultural, spiritual, and subsistence purposes;

(2) Preservation and protection of its archaeological, historical, and environmental resources;

(3) Rehabilitation, revegetation, habitat restoration, and preservation; and

(4) Education.

(b) The island shall be reserved in perpetuity for the uses enumerated in subsection (a). Commercial uses shall be strictly prohibited. [L 1993, c 340, pt of §2]
Haw. Rev. Stat. § 6E-5 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-5
State historic preservation officer.
Status: in_force

The governor shall appoint a state historic preservation officer, and may appoint the officer without regard to chapter 76, who shall be responsible for the comprehensive historic preservation program and who shall be the state liaison officer for the conduct of relations with the federal government and the respective states with regard to matters of historic preservation. The state historic preservation officer shall be appointed on the basis of professional competence and experience in the field of historic preservation and shall be placed in the department for the purposes of the state program.
Haw. Rev. Stat. § 6D-10 — HI Code / Division 1 / Title 1 / Chapter 6D / Section 6D-10
Confidentiality.
Status: in_force

(a) Where the department determines in consultation with the owner that dissemination of knowledge of cave location or resources could be detrimental to their protection, then the government information on the cave location and sensitive resources shall be kept confidential.

(b) Notwithstanding subsection (a), where an owner still believes that dissemination of knowledge [of] cave location or resources could be detrimental to their protection, then the department shall keep all government information on the cave location and sensitive cave resources confidential. [L 2002, c 241, pt of §2]
Haw. Rev. Stat. § 6E-42.2 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-42.2
Excluded activities for privately-owned single-family detached dwelling units and townhouses, residential projects, and nominally sensitive areas.
Status: in_force

(a) An application for a proposed project on an existing privately-owned single-family detached dwelling unit or townhouse shall be subject to the requirements of section 6E-42 only if the single-family detached dwelling unit or townhouse is over fifty years old and is:

(1) Listed on the Hawaii or national register of historic places, or both;

(2) Nominated for inclusion on the Hawaii or national register of historic places, or both; or

(3) Located in a historic district.

(b) An application for a proposed project on an existing residential property shall be subject to the requirements of section 6E-42 only if the existing residential property is over fifty years old and is registered on the Hawaii register of historic places.

(c) An application for a proposed project in a nominally sensitive area shall not be subject to the requirements of section 6E-42.

(d) For the purposes of this section:

"Dwelling unit" means a building or portion thereof designed or used exclusively for residential occupancy and having all necessary facilities for permanent residency such as living, sleeping, cooking, eating, and sanitation.

"Nominally sensitive area" means a project area that is known to include a low density of historic, cultural, or archaeological resources, or where the project area has been substantially disturbed by previous excavation or other ground-disturbing work and no significant historic properties have been previously identified.

"Single-family detached dwelling unit" means an individual, freestanding, unattached dwelling unit, typically built on a lot larger than the structure itself, resulting in an area surrounding the dwelling.

"Townhouse" has the same meaning as in section 502C-1. [L 2015, c 224, §2; am L 2025, c 293, §2]
Haw. Rev. Stat. § 1-10 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-10
Effect of repeal on accrued rights.
Status: in_force

The repeal of any law shall not affect any act done, or any right accruing, accrued, acquired, or established, or any suit or proceedings had or commenced in any civil case, before the time when the repeal takes effect. [CC 1859, §22; RL 1925, §24; RL 1935, §26; RL 1945, §26; RL 1955, §1-13; HRS §1-10]
Haw. Rev. Stat. § 6F-2 — HI Code / Division 1 / Title 1 / Chapter 6F / Section 6F-2
Judiciary history center; establishment.
Status: in_force

There shall be established within the office of the administrative director of the courts, for administrative purposes only, the judiciary history center. The judiciary shall provide the center with facilities, security, janitorial services, utilities, fiscal, and necessary legal services. The center shall be located on the ground floor of the Ali‘iolani Hale Building.
Haw. Rev. Stat. § 8-20 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-20
Language Access Month.
Status: in_force

The month of August shall be known and designated as "Language Access Month" to promote awareness of language access for government services and emphasize the importance of and need for language access in Hawaii's diverse society. This month is not and shall not be construed as a state holiday.
Haw. Rev. Stat. § 9-3 — HI Code / Division 1 / Title 1 / Chapter 9 / Section 9-3
Duties.
Status: in_force

The foundation shall:

(1) Assist in coordinating the plans, programs, and activities of individuals, associations, corporations, and agencies concerned with the preservation and furtherance of culture and the arts and history and the humanities;

(2) Establish written standards and criteria by which grant contracts shall be evaluated;

(3) Appraise the availability, adequacy, and accessibility of culture and the arts and history and the humanities to all persons throughout the State and devise programs whereby culture and the arts and history and the humanities can be brought to those who would otherwise not have the opportunity to participate;

(4) Stimulate, guide, and promote culture and the arts and history and the humanities throughout the State;

(5) Devise and recommend legislative and administrative action for the preservation and furtherance of culture and the arts and history and the humanities;

(6) Study the availability of private and governmental grants for the promotion and furtherance of culture and the arts and history and the humanities;

(7) Through its executive director:

(A) Administer funds allocated by grant, gift, or bequest to the foundation; accept, hold, disburse, and allocate funds that may become available from other governmental and private sources; provided that all those funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and in the absence of any designation, the funds shall be disbursed or allocated for the promotion and furtherance of culture and the arts and history and the humanities; and

(B) Accept, hold, disburse, and allocate public funds that are made available to the foundation by the legislature for disbursement or allocation, pursuant to the standards and procedures established in part II, for the promotion and furtherance of culture and the arts and history and the humanities;

(8) Submit an annual report with recommendations to the governor and legislature, prior to February 1, of each year. Annual reports shall include the total number and amount of gifts and other grants and income received, payroll disbursements, contracts entered into, and progress and accomplishments made during the year, including the efforts of the Hawaii arts education partners and its progress in implementing the Hawaii arts education strategic plan and the accomplishments of the art in public places and relocatable works of art programs and the state art museum;

(9) Convene the Hawaii arts education partners, which is composed of the department of education, the colleges of education and arts and humanities of the University of Hawaii at Manoa, the Hawaii Association of Independent Schools, and the Hawaii Alliance for Art Education, to fully implement the terms of the Hawaii arts education strategic plan;

(10) Display student art works in public buildings, sponsor student art displays, promote arts education, and in other ways encourage the development of creative talent among the young people of Hawaii;

(11) In cooperation with qualified organizations, conduct research, studies, and investigations in the fields of ethnohistory and the humanities:

(A) Make, publish, and distribute works documenting the contributions of individual ethnic groups in their relationship to one another and to the whole population of Hawaii;

(B) Place ethnohistorical and cultural materials developed by the foundation or received by the foundation as gifts and donations in public archives, libraries, and other suitable institutions accessible to the public; and

(C) Maintain a register of the location of such materials;

(12) Cooperate with and assist the department of land and natural resources and other state agencies in developing and implementing programs relating to historic preservation, research, restoration, and presentation, as well as museum activities;

(13) Establish an individual artist fellowship program to encourage artists to remain and work in Hawaii and to reaffirm the importance of Hawaii's artists and their cultural and economic contributions to the State by:

(A) Recognizing and honoring Hawaii's exceptionally talented visual and performing artists for their outstanding work in and commitment to the arts; and

(B) Enabling these artists to further their artistic goals;

(14) In consultation with the comptroller and affected agencies and departments, administer the art in public places and relocatable works of art programs established pursuant to section 103-8.5; and

(15) Administer the operations of the state art museum established pursuant to section 9-22. [L 1965, c 269, §3; am L 1977, c 112, §1; am L 1980, c 293, §3; am L 1992, c 181, §4; am L 1993, c 133, §2; am L 1999, c 80, §4; am L 2001, c 306, §2; am L 2004, c 125, §4]
Haw. Rev. Stat. § 10-8 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-8
Organization; quorum; meeting.
Status: in_force

The board, at its first meeting after an election, shall elect from its own membership a chairperson and a vice-chairperson who shall serve at the pleasure of the board. Their election shall be immediately certified by the board to the lieutenant governor.

A majority of all members to which the board is entitled shall constitute a quorum to do business. The concurrence of a majority of all members to which the board is entitled shall be necessary to make any action of the board valid; provided that due notice shall be given to all members.

Meetings shall be called and held at the call of the chair or by a quorum, as often as may be necessary for transaction of the board's business. The board shall meet at least once annually on each of the islands of Hawaii, Maui, Molokai, Lanai, Kauai, and Oahu. [L 1979, c 196, pt of §2; am L 1985, c 158, §1]
Haw. Rev. Stat. § 1-16 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-16
Laws in pari materia.
Status: in_force

Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other. What is clear in one statute may be called in aid to explain what is doubtful in another. [CC 1859, §11; RL 1925, §11; RL 1935, §12; RL 1945, §11; RL 1955, §1-21; HRS §1-16]
Haw. Rev. Stat. § 6D-11 — HI Code / Division 1 / Title 1 / Chapter 6D / Section 6D-11
General administrative penalties.
Status: in_force

(a) Except as otherwise provided by law, the board or its authorized representative by proper delegation, with respect to a violation of this chapter or any rule adopted or permit issued in accordance with this chapter, may:

(1) Set, pursuant to subsection (b), charge, and collect administrative fines or bring legal action to recover administrative fees and costs, as documented by receipts or affidavit, including attorneys' fees and costs; or

(2) Bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, payment for damages, or for the cost to correct damages, resulting from violation of this chapter or any rule adopted or permit issued in accordance with this chapter.

(b) Administrative fines shall be as follows:

(1) For a first violation, a fine of not more than $10,000 for each separate offense;

(2) For a second violation within five years of a previous violation, a fine of not more than $15,000; and

(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $30,000. [L 2002, c 241, pt of §2]
Haw. Rev. Stat. § 10-9.5 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-9.5
Salary commission; established.
Status: in_force

(a) There is established a salary commission for the members of the board of trustees for the office of Hawaiian affairs. The salary commission shall consist of seven members appointed by the governor on or before August 31, 1999, and every four years thereafter. The members of the salary commission shall be selected from nominations submitted by native Hawaiian organizations as defined in section 673-2(c). The members shall serve without compensation, but shall be entitled to reimbursement for necessary expenses while in the discharge of their duties and responsibilities.

(b) Before the twentieth legislative day of the regular session of 2000 and every four years thereafter, the salary commission shall study and make recommendations for the salary of the members of the board of trustees for the office of Hawaiian affairs, and then shall be dissolved. The recommended salary shall be effective as of the date of the recommendations unless the legislature disapproves the recommendation by adoption of a concurrent resolution prior to adjournment sine die of the legislative session in which the recommendation is submitted. [L 1993, c 358, pt of §2; am L 1999, c 191, §2]
Haw. Rev. Stat. § 9-4 — HI Code / Division 1 / Title 1 / Chapter 9 / Section 9-4
Student art work.
Status: in_force

The foundation, in consultation with the department of education, the University of Hawaii, private schools, and community art groups, shall establish a program for the recognition and display of student art work. Student art work shall mean any work of art made by any student attending any elementary, intermediate, high school, college, or university in the State.

Recognition shall be through the sponsoring of student art exhibits and the granting of scholarships, monetary awards, or certificates to the student whose art work is being recognized. Any funds appropriated to the foundation may be used for the recognition of student art work. Student art work recognized under this section may be acquired for the purpose of temporary or permanent display in state buildings and public facilities pursuant to section 103-8.5. [L 1977, c 112, pt of §2; am L 1989, c 389, §2]
Haw. Rev. Stat. § 6E-10.5 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-10.5
Enforcement.
Status: in_force

(a) If the board of land and natural resources determines that any person has violated or is violating this chapter, or any rule adopted pursuant to this chapter, the board shall serve written notice by certified mail or personal service upon the alleged violator or violators specifying the alleged violation and may include with the notice:

(1) An order specifying a reasonable time during which that person shall be required to take such measures as may be necessary to correct the violation and to give periodic progress reports;

(2) An order imposing penalties provided in section 6E-11.6; and

(3) An order that the alleged violator or violators appear before the board for a hearing at a time and place specified in the notice or to be set later and answer the charges complained of.

(b) If the board determines that any person is continuing to violate this chapter or any rule adopted pursuant to this chapter after having been served notice of violation, the board shall serve written notice by certified mail or personal service upon the alleged violator or violators specifying the alleged violation. With the notice, the board:

(1) Shall order the alleged violator or violators to submit a written schedule within thirty days specifying the measures to be taken and the time within which the measures shall be taken to bring that person into compliance with this chapter or any rule adopted thereunder. The board shall accept or modify the submitted schedule within sixty days of receipt of the schedule. Any schedule not acted upon after sixty days of receipt by the board shall be deemed accepted by the board;

(2) Shall order the alleged violator or violators to cease and desist from the activities that violate this chapter or any rule adopted thereunder, if that person does not submit a written schedule to the board within thirty days. This order shall remain in effect until the board accepts the written schedule;

(3) May impose penalties as provided in section 6E-11.6; and

(4) May order the alleged violator or violators to appear before the board for a hearing to answer the charges issued, at a time and place specified in the notice or otherwise set by the board.

(c) If the board determines that any person has violated an accepted schedule or an order issued pursuant to this section, the board shall impose penalties by sending a notice in writing, either by certified mail or by personal service to that person, describing such non-adherence or violation with reasonable particularity.

(d) Any order issued pursuant to this chapter shall become final, unless the person or persons named therein requests in writing, not later than twenty days after notice of violation and order is served, a hearing before the board. Upon request for a hearing, the board shall require that the alleged violator or violators appear before the board for a hearing to answer the charges issued, at a time and place specified in the notice or otherwise set by the board.

Any penalty imposed pursuant to this chapter shall become due and payable twenty days after the notice of penalty is served, unless the person or persons named therein requests in writing a hearing before the board. Whenever a hearing is requested on any penalty imposed pursuant to this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.

(e) Any hearing conducted pursuant to this section shall be conducted as a contested case under chapter 91. If, after a hearing held pursuant to this section, the board finds that a violation or violations has occurred, the board shall:

(1) Affirm or modify any penalties imposed;

(2) Modify or affirm the order previously issued; or

(3) Issue an appropriate order or orders for the prevention, abatement, or control of the violation or for the taking of such other corrective action as may be appropriate.

Any order issued after a hearing may prescribe timetables for necessary action in preventing, abating, or controlling the violation. If, after a hearing on an order or penalty contained in a notice, the board finds that no violation has occurred or is occurring, the board shall rescind the order or penalty.

(f) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the board may institute a civil action in the name of the State to collect the administrative penalty, which shall be a government realization. In any proceeding to collect the administrative penalty imposed, the board need only show that:

(1) Notice was given;

(2) A hearing was held, or the time granted for requesting a hearing has run without such a request;

(3) The administrative penalty was imposed; and

(4) The penalty remains unpaid.

(g) In connection with any hearing held pursuant to this section, the board may subpoena the attendance of witnesses and the production of evidence on behalf of all parties. [L 2003, c 104, pt of §2]
Haw. Rev. Stat. § 1-26 — HI Code / Division 1 / Title 1 / Chapter 1 / Section 1-26
References inclusive.
Status: in_force

Whenever reference is made to a series of sections in the Hawaii Revised Statutes by citing only the numbers of the first and last sections connected by the word "to", the reference includes both the first and last sections.
Haw. Rev. Stat. § 6K-4.5 — HI Code / Division 1 / Title 1 / Chapter 6K / Section 6K-4.5
Procurement; exemptions.
Status: in_force

Contracts made by the commission for the procurement of food or fuel products necessary to carry out the purposes of this chapter shall be exempt from chapter 103D; provided that the commission shall continue to comply with any reporting requirements under chapter 103D or rules adopted thereunder for contracts entered into pursuant to this section.
Haw. Rev. Stat. § 10-19 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-19
Hawaiian registry.
Status: in_force

The office shall establish and maintain a registry of all Hawaiians wherever such persons may reside. Inclusion of persons in the Hawaiian registry shall be based upon genealogical records sufficient to establish the person's descent from the aboriginal peoples inhabiting the Hawaiian Islands in 1778.
Haw. Rev. Stat. § 6E-35 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-35
Iolani Palace.
Status: in_force

(a) The official designation of the palace of the former monarchs of Hawaii shall be Iolani Palace.

(b) The official designation of the Friends of Iolani Palace shall be the State of Hawaii Museum of Monarchy History. The qualifying standards and conditions related to the receipt of funds under chapter 42F shall not apply to funds received by the State of Hawaii Museum of Monarchy History; provided that if the museum contracts with a recipient or provider, then the qualifying standards, conditions, and other provisions of chapter 42F shall apply to the recipient or provider and the contract.

(c) To receive state funds, the State of Hawaii Museum of Monarchy History shall:

(1) Be licensed or accredited, in accordance with federal, state, or county statutes, rules, or ordinances, to conduct the activities or provide the services for which funds are appropriated;

(2) Comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, or disability;

(3) Agree not to use the funds for entertainment or lobbying activities;

(4) Be incorporated under the laws of the State;

(5) Have bylaws or policies that describe the manner in which the activities or services for which a grant is awarded shall be conducted or provided;

(6) Have been determined and designated to be a tax-exempt organization by the Internal Revenue Service; and

(7) Have a governing board whose members shall have no material conflict of interest and serve without compensation.

(d) The comptroller and state auditor shall have the authority to examine the use of funds appropriated to the State of Hawaii Museum of Monarchy History.

(e) The State of Hawaii Museum of Monarchy History shall provide to the legislature an annual report no later than twenty days prior to the convening of each regular session, which shall include an explanation of the facility maintenance and other functions accomplished by state fund expenditures in the previous fiscal year. [L 1976, c 104, pt of §2; am L 2007, c 291, §§2, 3; am L 2008, c 126, §1; am L 2014, c 96, §3]
Haw. Rev. Stat. § 10-5 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-5
Board of trustees; powers and duties.
Status: in_force

The board shall have the power in accordance with law to:

(1) Manage, invest, and administer the proceeds from the sale or other disposition of lands, natural resources, minerals, and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds from that pro rata portion of the trust referred to in section 10-3;

(2) Exercise control over real and personal property set aside to the office by the State of Hawaii, the United States of America, or any private sources, and transferred to the office for native Hawaiians and Hawaiians;

(3) Collect, receive, deposit, withdraw, and invest money and property on behalf of the office;

(4) Formulate policy relating to the affairs of native Hawaiians and Hawaiians, provided that such policy shall not diminish or limit the benefits of native Hawaiians under article XII, section 4, of the state Constitution;

(5) Otherwise act as a trustee as provided by law;

(6) Delegate to the administrator, its officers and employees such powers and duties as may be proper for the performance of the powers and duties vested in the board;

(7) Provide grants to individuals, and public or private organizations to better the conditions of native Hawaiians and Hawaiians consistent with the standards set forth in section 10-17;

(8) Make available technical and financial assistance and advisory services to any agency or private organization for native Hawaiian and Hawaiian programs, and for other functions pertinent to the purposes of the office of Hawaiian affairs. Financial assistance may be rendered through contractual arrangements as may be agreed upon by the board and any such agency or organization; and

(9) Adopt and use a common seal by which all official acts shall be authenticated. [L 1979, c 196, pt of §2; am L 1990, c 304, §§5, 16; am L 1996, c 240, §1; am L 2002, c 182, §3]
Haw. Rev. Stat. § 10-28 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-28
Validity of bonds.
Status: in_force

Revenue bonds issued under this part shall bear the manual signatures of the chairperson of the board and the administrator, and shall be sealed with the seal of the board or in lieu thereof shall bear a lithographed or engraved facsimile of the seal. If the board designates a registrar other than itself for the revenue bonds, the resolution authorizing the revenue bonds may provide that none of the revenue bonds shall be valid or obligatory for any purpose unless authenticated by the registrar. If the resolution so provides, then all signatures of the board upon the revenue bonds may be facsimiles of the signatures, and the revenue bonds shall be valid and obligatory only if authenticated by the manual signature of an authorized officer or signatory of the registrar. Revenue bonds bearing the signature of officers in office at the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, extension, or maintenance of the office project or projects or the establishment, funding, or administration of the loan program or programs for which the bonds were issued. The resolution authorizing the issuance of revenue bonds may provide that the bonds shall contain a recital that they are issued pursuant to this part, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Haw. Rev. Stat. § 4E-1 — HI Code / Division 1 / Title 1 / Chapter 4E / Section 4E-1
State board on geographic names.
Status: in_force

There shall be in the office of planning and sustainable development a state board on geographic names, consisting of the following persons or their representatives: the chairperson of the board of land and natural resources, the chairperson of the office of Hawaiian affairs, the chairperson of the Hawaiian homes commission, the director of the office of planning and sustainable development, the president of the University of Hawaii, the state land surveyor, and the director of the Bernice P. Bishop Museum. The members of the board shall serve without compensation.

Section 26-34 shall not apply to this board. [L 1974, c 50, pt of §2; am L 1987, c 336, §7; am L 1988, c 347, §1; am L 1996, c 299, §3; am L 2021, c 153, §8]
Haw. Rev. Stat. § 1-2 — HI Code / Title 1 / Chapter 1 / Section 1-2
Certain laws not obligatory until published.
Status: in_force

No written law, unless otherwise specifically provided by legislative enactment, except general or special appropriation acts, loan fund acts, pension acts, and franchise acts, shall be obligatory without first being printed and made public. General or special appropriation acts, loan fund acts, pension acts, and franchise acts, whether affecting state funds or the funds of county or other municipal subdivisions or commissions, shall become operative according to their respective terms. [CC 1859, §1; RL 1925, §3; RL 1935, §3; am L 1935, c 10, §2; RL 1945, §3; RL 1955, §1-3; HRS §1-2]
Haw. Rev. Stat. § 6E-8 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-8
Review of effect of proposed state projects.
Status: in_force

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] (a) Before any agency or officer of the State or its political subdivisions commences any project that may affect historic property, an aviation artifact, or a burial site, the lead agency shall render a determination on the potential effect of the project and allow the department an opportunity for review of the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, especially those listed on the Hawaii register of historic places. The proposed project shall not be commenced, or if it has already begun, continued, until the department has been afforded the opportunity to review the project in compliance with this subsection. If:

(1) The proposed project consists of corridors or large land areas;

(2) Access to properties is restricted; or

(3) Circumstances dictate that construction be done in stages,

the department may give its written concurrence based on a phased review of the project; provided that there shall be an executed programmatic agreement in place between the department and the project applicant that identifies each construction phase and the estimated timelines for each phase, and any agreed upon mitigation measures.

(b) The department shall provide written concurrence or non-concurrence within ninety days, or within thirty calendar days if no historic properties are to be affected, after the filing of a request with the department. If the department fails to provide written concurrence or non-concurrence with a project effect determination within ninety days, or within thirty calendar days if no historic properties are to be affected, of receiving a true and complete submittal for a project, the lead agency may assume the department's concurrence and the project may move to the next step in the compliance process.

(c) The project applicant shall ensure that its application is complete and accurate. If the department:

(1) Determines that the submittal is not a complete submittal;

(2) Requires additional information or clarification regarding the physical scope of work; or

(3) Requires an archaeological inventory survey or reconnaissance level survey for architectural resources,

the department shall notify the applicant and specify the information needed to meet the requirements for complete submittal. The review period for the project shall cease until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.

(d) The agency or officer seeking to proceed with the project, or any person, may appeal the department's concurrence or non-concurrence, or failure to provide written concurrence or non-concurrence within the applicable review period, to the Hawaii historic places review board. An agency, officer, or other person who is dissatisfied with the decision of the review board may apply to the governor, who may take action as the governor deems best in overruling or sustaining the department.

(e) Once the department has provided written concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the appropriate agency or officer of the State or any of its political subdivisions may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:

(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and

(2) If a burial site is inadvertently discovered, the lead agency shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.

(f) The department of Hawaiian home lands, before any proposed project relating to lands under its jurisdiction, shall consult with the department regarding the effect of the project upon historic property or a burial site.

(g) The State and its political subdivisions, agencies, and officers shall report to the department the finding of any historic property during any project and shall cooperate with the department in the investigation, recording, preservation, and salvage of the property.

(h) The department shall adopt rules in accordance with chapter 91 to implement this section.

(i) For the purposes of this section, "lead agency" means the entity with the designated responsibility for compliance with this section. The lead agency shall be decided by the agencies involved; provided that priority shall be given to the agency with the greater degree of involvement with the project. [L 1976, c 104, pt of §2; gen ch 1985; am L 1990, c 306, §7; am L 1995, c 187, §2; am L 1996, c 13, §1 and c 97, §7; am L 2008, c 228, §2; am L 2009, c 4, §2; am L 2013, c 85, §2; am L 2025, c 160, §3]

§6E-8 Review of effect of proposed state projects. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] [Repeal and reenactment on June 30, 2030. L 2025, c 306, §7(2).] (a) Before any agency or officer of the State or its political subdivisions commences any project that may affect historic property, an aviation artifact, or a burial site, the lead agency shall render a determination on the potential effect of the project and allow the department an opportunity for review of the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, especially those listed on the Hawaii register of historic places. The proposed project shall not be commenced, or if it has already begun, continued, until the department has been afforded the opportunity to review the project in compliance with this subsection. If:

(1) The proposed project consists of corridors or large land areas;

(2) Access to properties is restricted; or

(3) Circumstances dictate that construction be done in stages,

the department may give its written concurrence based on a phased review of the project; provided that there shall be an executed programmatic agreement in place between the department and the project applicant that identifies each construction phase and the estimated timelines for each phase, and any agreed upon mitigation measures.

(b) The department shall provide written concurrence or non-concurrence within ninety days, or within thirty calendar days if no historic properties are to be affected, after the filing of a request with the department. If the department fails to provide written concurrence or non-concurrence with a project effect determination within ninety days, or within thirty calendar days if no historic properties are to be affected, of receiving a true and complete submittal for a project, the lead agency may assume the department's concurrence and the project may move to the next step in the compliance process.

(c) The project applicant shall ensure that its application is complete and accurate. If the department:

(1) Determines that the submittal is not a complete submittal;

(2) Requires additional information or clarification regarding the physical scope of work; or

(3) Requires an archaeological inventory survey or reconnaissance level survey for architectural resources,

the department shall notify the applicant and specify the information needed to meet the requirements for complete submittal. The review period for the project shall cease until a complete submittal is made to the department. Once the department has received a complete submittal, the applicable review period shall restart.

(d) The agency or officer seeking to proceed with the project, or any person, may appeal the department's concurrence or non-concurrence, or failure to provide written concurrence or non-concurrence within the applicable review period, to the Hawaii historic places review board. An agency, officer, or other person who is dissatisfied with the decision of the review board may apply to the governor, who may take action as the governor deems best in overruling or sustaining the department.

(e) Once the department has provided written concurrence on the project effect determination and any necessary mitigation measures have been identified and agreed upon for a proposed project, the appropriate agency or officer of the State or any of its political subdivisions may commence the project, and the project shall be exempt from further review by the department unless there is a change to the project's physical scope of work or project area or unless additional historic properties, aviation artifacts, or burial sites are identified within the project area; provided that:

(1) If there is a change in the project's physical scope of work or project area or if additional historic properties or aviation artifacts are identified within the project area post-review, the appropriate agency or officer of the State or its political subdivisions shall notify the department within forty-eight hours of the discovery. The notification shall include a description of the historic property or aviation artifact and propose actions to avoid, minimize, or mitigate adverse effects. The department shall respond within five business days of the notification with an assessment of the historic property or aviation artifact and shall provide concurrence or non-concurrence with the actions proposed to avoid, minimize, or mitigate adverse effects. The appropriate agency or officer of the State or its political subdivisions shall provide the department with a report of the agreed upon actions when they are completed; and

(2) If a burial site is inadvertently discovered, the lead agency shall proceed pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.

(f) The department of Hawaiian home lands, before commencing any proposed project relating to lands under its jurisdiction, shall consult with the department regarding the effect of the project upon historic property or a burial site.

(g) The State and its political subdivisions, agencies, and officers shall report to the department the finding of any historic property during any project and shall cooperate with the department in the investigation, recording, preservation, and salvage of the property.

[(h)] Whenever a proposed state project involves the development of residential units or mixed-use development, as long as a majority of the mixed-use development is residential, and after an initial evaluation, the department determines that:

(1) The department will not be able to provide its written concurrence or non-concurrence within sixty days of the filing of the request with the department;

(2) The third-party consultant has the qualifications and experience pursuant to subsection [(i)] to conduct the review; and

(3) The contract with the third-party consultant:

(A) Requires the third-party consultant to provide a recommendation to the department within thirty days of the date that the consultant is retained to conduct the review and comment; and

(B) Allows the department to reserve the right to determine whether use of a third-party consultant was appropriate and terminate the contract if the third-party consultant:

(i) Has evidenced insufficient compliance with the state historic preservation laws and rules; or

(ii) Has not completed assigned historic preservation reviews accurately,

then the department may retain a third-party consultant to conduct the review described under subsection (a) no later than sixty days after the filing of a request with the department; provided that this subsection shall not apply to projects that trigger section 106 of the National Historic Preservation Act of 1966, as amended.

[(i)] Whenever the department retains any third-party consultant, including an architect, engineer, archaeologist, planner, or other professional, to review an application for a permit, license, or approval pursuant to subsection [(h)], the third-party consultant shall:

(1) Meet the educational and experience standards as well as the qualifications for preservation professionals pursuant to rules adopted by the state historic preservation division;

(2) Follow state ethics rules; and

(3) Not review any project that the third-party consultant or the consultant's employer has previously worked on.

[(j)] The project proponent shall pay the reasonable fee requirements of the third-party consultant; provided that the project proponent may contract with or sponsor any county, housing authority, non-profit organization, or person to meet the fee requirements.

[(k)] The department shall adopt rules in accordance with chapter 91 to implement this section.

[(l)] For the purposes of this section, "lead agency" means the entity with the designated responsibility for compliance with this section. The lead agency shall be decided by the agencies involved; provided that priority shall be given to the agency with the greater degree of involvement with the project. [L 1976, c 104, pt of §2; gen ch 1985; am L 1990, c 306, §7; am L 1995, c 187, §2; am L 1996, c 13, §1 and c 97, §7; am L 2008, c 228, §2; am L 2009, c 4, §2; am L 2013, c 85, §2; am L 2025, c 160, §3 and c 306, §2]
Haw. Rev. Stat. § 6D-3 — HI Code / Division 1 / Title 1 / Chapter 6D / Section 6D-3
Pollution.
Status: in_force

(a) It shall be unlawful for any person to store, dump, dispose of, or otherwise place any refuse, garbage, dead animals, sewage, litter, or toxic substances in any cave or cave entrance; provided that:

(1) Any cesspool or leach field that is otherwise legal and existing on June 28, 2002 shall continue to be lawful as a nonconforming use or facility;

(2) The nonconforming use or facility shall not be expanded or reconstructed; and

(3) New septic systems may be installed in proximity to caves; provided they use solid tanks and surface leach fields so as not to permit sewage to flow into the cave and otherwise conform to existing laws and regulations.

(b) It shall be unlawful to intentionally, knowingly, or recklessly burn within a cave or cave entrance any material that produces any smoke, engine exhaust, or gas substantially harmful to any naturally occurring organisms in any cave; provided that this shall not apply to caves encountered within the normal course of a construction context. [L 2002, c 241, pt of §2]

Revision Note

"June 28, 2002" substituted for "the effective date of this section".
Haw. Rev. Stat. § 6E-43 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-43
Prehistoric and historic burial sites.
Status: in_force

(a) At any site, other than a known, maintained, actively used cemetery where human skeletal remains are discovered or are known to be buried and appear to be over fifty years old, the remains and their associated burial goods shall not be moved without the department's approval.

(b) All burial sites are significant and shall be preserved in place until compliance with this section is met, except as provided in section 6E-43.6. The appropriate island burial council shall determine whether preservation in place or relocation of previously identified native Hawaiian burial sites is warranted, following criteria which shall include recognition that burial sites of high preservation value, such as areas with a concentration of skeletal remains, or prehistoric or historic burials associated with important individuals and events, or areas that are within a context of historic properties, or have known lineal descendants, shall receive greater consideration for preservation in place. The criteria shall be developed by the department in consultation with the councils, office of Hawaiian affairs, representatives of development and large property owner interests, and appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawai‘i Nei, through rules adopted pursuant to chapter 91. A council's determination shall be rendered within forty-five days of referral by the department unless otherwise extended by agreement between the landowner and the department.

(c) Council determinations may be administratively appealed to a panel composed of three council chairpersons and three members from the board of land and natural resources as a contested case pursuant to chapter 91. In addition to the six members, the chairperson of the board of land and natural resources shall preside over the contested case and vote only in the event of a tie.

(d) Within ninety days following the final determination, a preservation or mitigation plan shall be approved by the department in consultation with any lineal descendants, the respective council, other appropriate Hawaiian organizations, and any affected property owner.

(e) Should the burial site prove to be other than Hawaiian, the department, within thirty days shall determine whether preservation in place or relocation is warranted, and within an additional ninety days a preservation or mitigation plan shall be approved by the department in consultation with any lineal descendants, appropriate ethnic organizations, and any affected property owner. [L 1988, c 265, pt of §1; am L 1990, c 306, §13; am L 1992, c 113, §4]
Haw. Rev. Stat. § 5-11.3 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-11.3
State insect.
Status: in_force

The pulelehua (Vanessa tameamea), also known as the Kamehameha butterfly, is established and designated as the official insect of the State.
Haw. Rev. Stat. § 5-7 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-7
State popular name.
Status: in_force

The name "The Aloha State" is adopted, established, and designated as the official "popular" name for the State, to be effective so long as the legislature of the State does not otherwise provide.
Haw. Rev. Stat. § 10-9 — HI Code / Division 1 / Title 1 / Chapter 10 / Section 10-9
Salaries; benefit; expenses.
Status: in_force

Members of the board:

(1) Shall receive an annual salary which shall be paid:

(A) Exclusively from revenue under section 10-13.5; and

(B) In equal amounts, beginning with the first pay period for state employees in November of the year the member of the board is elected.

Effective July 1, 1993, and until the salary commission makes recommendations for salary, the salary of the chairperson of the board shall be $37,000 a year and the salary of other members of the board shall be $32,000 a year. Any provision of law to the contrary notwithstanding, all members of the board shall be included in any benefit program generally applicable to officers and employees of the State;

(2) Shall be allowed transportation fares between islands and abroad;

(3) Shall be allowed personal expenses at the rates specified by the board while attending board meetings or while on official business as authorized by the chairperson, when those board meetings or official business shall require a member to leave the island upon which the member resides; and

(4) Shall be allowed a protocol allowance to cover expenses incurred in the course of a member's duties and responsibilities. [L 1979, c 196, pt of §2; am L 1981, c 148, §1; am L 1989, c 290, §1; am L 1993, c 358, §3; am L 2002, c 148, §1 and c 183, §3]
Haw. Rev. Stat. § 6K-8.6 — HI Code / Division 1 / Title 1 / Chapter 6K / Section 6K-8.6
Administrative violation system.
Status: in_force

With the mutual consent of both the commission and the department, the commission may use the civil natural resource violations system of the department of land and natural resources; provided that the commission shall act whenever the board is authorized to act, to process violations of chapter 6K or any rules adopted thereunder.
Haw. Rev. Stat. § 6E-6 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-6
Depositories for certain specimens and objects.
Status: in_force

The department shall serve as or shall determine the depository for all field notes, photographs, negatives, maps, artifacts, or other materials generated or recovered through historic preservation projects supported in whole or in part by the State or taking place on state lands.

Any aviation artifact or any specimen and object of natural and of botanical, ethnological, architectural, historical, or archaeological value or interest, and any book, treatise, or pamphlet relating thereto in the possession of the University of Hawaii, or any other state agency or its political subdivisions, if and when the same is no longer needed for scientific investigation, for study, or for any other purpose, at the request of the Bishop Museum or other qualified museums in this State, shall be transferred and delivered by and with the consent of such department, bureau, or board having possession thereof, to the Bishop Museum or other qualified museum, or exchanged with such museum, and whereupon, the title shall become vested in such museum and shall be held by them; provided that the aviation artifacts or any specimens and objects so transferred are made available at all reasonable times by the museum for study and examination by the officials of the university of such department, bureau, or board and to qualified scholars. [L 1976, c 104, pt of §2; am L 1996, c 97, §5]
Haw. Rev. Stat. § 5-10 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-10
State song.
Status: in_force

The song "Hawai`i Pono`i" is adopted, established, and designated as the official song of the State, to be effective for as long as the legislature of the State does not otherwise provide.
Haw. Rev. Stat. § 5-1 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-1
§§5-1 to 3 REPEALED.
Status: repealed

§§5-1 to 3 REPEALED. L 1988, c 138, §§2 to 4.
Haw. Rev. Stat. § 6E-7 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-7
State title to historic property.
Status: in_force

(a) All historic property located on lands or under waters owned or controlled by the State shall be the property of the State. The control and management of the historic property shall be vested in the department.

(b) The department may dispose of the historic property subject to chapter 171 and subject further to those reservations, restrictions, covenants, or conditions which relate to the preservation of the historic property, such as rights of access, public visitation, operation, maintenance, restoration, and repair. The department shall determine the conditions for any research affecting the historic property and may issue permits for the research.

(c) The State shall hold known burial sites located on lands or under waters owned or controlled by the State in trust for preservation or proper disposition by the lineal or cultural descendants.

(d) The State shall not transfer any historic property or aviation artifact under its jurisdiction without the concurrence of the department, and shall not transfer any burial site under its jurisdiction without consulting the appropriate island burial council. [L 1976, c 104, pt of §2; am L 1985, c 124, §1; am L 1990, c 306, §6; am L 1996, c 97, §6]
Haw. Rev. Stat. § 8-3.4 — HI Code / Division 1 / Title 1 / Chapter 8 / Section 8-3.4
Civil Liberties and the Constitution Day.
Status: in_force

January 30 shall be known and designated as "Civil Liberties and the Constitution Day" to celebrate, honor, and encourage public education and awareness of the commitment of individuals to preserving civil liberties for Americans of Japanese ancestry and actions to promote equal rights for all citizens. This day is not and shall not be construed to be a state holiday.
Haw. Rev. Stat. § 5-12 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-12
State marine mammal.
Status: in_force

The humpback whale is established and designated as the official marine mammal of the State, to be effective so long as the legislature of the State does not otherwise provide.
Haw. Rev. Stat. § 5-11.2 — HI Code / Division 1 / Title 1 / Chapter 5 / Section 5-11.2
[ §5-11.
Status: in_force

[ §5-11.2] State snails. (a) Hini hini kua mauna ( Succinea konaensis) is established and designated as the official snail of the island of Hawai`i.

(b) Pūpū kua mauna ( Lyropupa striatula) is established and designated as the official snail of the island of Maui.

(c) Pūpū kua mauna ( Pleuropoma laciniosa kahoolawensis) is established and designated as the official snail of the island of Kaho`olawe.

(d) Pūpū kuahiwi ( Auriculella lanaiensis) is established and designated as the official snail of the island of Lāna`i.

(e) Pūpū kuahiwi ( Laminella venusta) is established and designated as the official snail of the island of Moloka`i.

(f) Kāhuli ( Kaala subrutila) is established and designated as the official snail of the island of O`ahu.

(g) E rinna newcombi is established and designated as the official snail of the island of Kaua`i.

(h) Kahelelani`ila`ula ( Collonista verruca) is established and designated as the official snail of the island of Ni`ihau.

(i) Naka kua mauna ( Endodonta christenseni) is established and designated as the official snail of the Northwestern Hawaiian Islands. [L 2024, c 4, §2]
Haw. Rev. Stat. § 6E-38 — HI Code / Division 1 / Title 1 / Chapter 6E / Section 6E-38
National statuary hall; King Kamehameha I.
Status: in_force

King Kamehameha I is selected as one of the two illustrious, deceased persons whose statue shall be furnished by the State of Hawaii for placement in the national statuary hall in the national capitol pursuant to Title 40 United States Code 187.