Haw. Rev. Stat. § 128E-1 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-1
Definitions.
Status: in_force

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

"Administrator" means the administrator of the United States Environmental Protection Agency.

"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§9601-9675.

"Commission" means the Hawaii state emergency response commission.

"Committee" means the local emergency planning committee within each county responsible for preparing hazardous material plans and performing other functions under the Emergency Planning and Community Right-to-Know Act of 1986 and [this chapter].

"County agency" means a county or any officer or agency thereof.

"Department" means the department of health.

"Director" means the director of health.

"Environment" means any waters, including surface water, ground water, or drinking water; any land surface or any subsurface strata; or any ambient air, within the State or under the jurisdiction of the State.

"EPCRA" means the Emergency Planning and Community Right-to-Know Act of 1986, as amended, 42 U.S.C. §§11001-11050.

"Extremely hazardous substance" means any substance listed in Appendix A of 40 Code of Federal Regulations Part 355, as amended, or as defined by rules adopted by the commission.

"Facility" means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly-owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor carrier, rolling stock, aircraft, site, or area where a hazardous substance or pollutant or contaminant has been deposited, stored, disposed of, or placed, or otherwise comes to be located. The term does not include any consumer product in consumer use.

"Hazardous material" or "hazardous substance" means any hazardous substance as defined in chapter 128D.

"HEPCRA" means the Hawaii Emergency Planning and Community Right-to-Know Act.

"Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state, county, commission, or, to the extent the United States or an interstate body is subject to this chapter, the United States or the interstate body.

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any hazardous substance, or pollutant or contaminant into the environment, including the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance, or pollutant or contaminant. The term does not include:

(1) Any release that results in the exposure of persons solely within a workplace, with respect to claims that these persons may assert against their employer;

(2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

(3) Release of a source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, as amended, 42 U.S.C. §2011 et seq., if this release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under 42 U.S.C. §2210;

(4) Any release resulting from the normal application of fertilizer;

(5) Any release resulting from the legal application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended; or

(6) Any release from sewerage systems collecting and conducting primarily domestic wastewater.

"Reportable quantity" means the quantity of a hazardous material stated on the various lists of hazardous substances as defined in chapter 128D.

"Threshold planning quantity" means the threshold planning quantity for an "extremely hazardous substance" as defined in 40 Code of Federal Regulations Part 355.

"Toxic chemical" means a substance appearing on the list of chemicals described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986, as set forth in 40 Code of Federal Regulations Part 372. [L 1993, c 300, pt of §1]
Haw. Rev. Stat. § 132D-15 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-15
Notice requirements.
Status: in_force

Each licensed retail outlet shall post adequate notice that clearly cautions each person purchasing consumer fireworks of the prohibitions, liabilities, and penalties incorporated in sections 132D-12, 132D-13, 132D-14, and 132D-5.5.
Haw. Rev. Stat. § 134-23 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-23
Place to keep loaded firearms other than pistols and revolvers; penalty.
Status: in_force

(a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

(1) A place of repair;

(2) A target range;

(3) A licensed dealer's place of business;

(4) An organized, scheduled firearms show or exhibit;

(5) A place of formal hunter or firearm use training or instruction; or

(6) A police station.

"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

(b) Any person violating this section by carrying or possessing a loaded firearm other than a pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of §1]
Haw. Rev. Stat. § 132C-3 — HI Code / Division 1 / Title 10 / Chapter 132C / Section 132C-3
Cigarettes; reduced ignition propensity; manufacturer testing.
Status: in_force

(a) Except as provided in sections 132C-7 and 132C-8, no cigarettes may be sold or offered for sale in this State or offered for sale or sold to persons located in this State unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, and the manufacturer has filed a written certification with the state fire council in accordance with section 132C-4(a) and the cigarettes have been marked in accordance with section 132C-4(b).

(1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials standard E2187-04 "Standard Test Method for Measuring the Ignition Strength of Cigarettes". The state fire council may adopt as rules pursuant to chapter 91, a subsequent American Society of Testing and Materials Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with American Society of Testing and Materials standard E2187-04 and the performance standard of this section;

(2) Testing of cigarettes shall be conducted on ten layers of filter paper;

(3) No more than twenty-five per cent of the cigarettes tested in a test trial shall exhibit full-length burns. Forty replicate tests shall constitute a complete test trial for each cigarette tested;

(4) The performance standard required by this section shall only be applied to a complete test trial;

(5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization/International Electrotechnical Commission, or other comparable accreditation standard required by the state fire council;

(6) Laboratories that conduct tests in accordance with this section shall implement a quality control and quality assurance program that includes a procedure to determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19;

(7) Each cigarette listed in a certification that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column. In the case of an unfiltered cigarette, the two complete bands shall be located at least fifteen millimeters from the lighting end and ten millimeters from the labeled end of the tobacco column; and

(8) The manufacturer of a cigarette that the state fire council determines cannot be tested in accordance with the test method required by this section shall propose to the state fire council a test method and performance standard for that cigarette. The state fire council may approve a test method and performance standard that the state fire council determines is equivalent to the requirement of this section, and the manufacturer may use that test method and performance standard for certification pursuant to section 132C-4. If the state fire council determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the state fire council finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the state fire council shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this State, unless the state fire council demonstrates a reasonable basis why the alternative test should not be accepted. All other applicable requirements of this section shall apply to the manufacturer.

(b) A manufacturer shall retain copies of the reports of testing conducted on cigarettes offered for sale in the State for a period of three years. The manufacturer shall provide copies of these reports to the state fire council and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within sixty days of receiving a written request shall be subject to a civil penalty not to exceed $10,000 for each day after the sixtieth day that the manufacturer does not make the copies available.

(c) This section shall not require additional testing if cigarettes are tested consistent with this chapter for any other purpose.

(d) Testing performed or sponsored by the state fire council to determine a cigarette's compliance with the performance standard required by this section shall be conducted in accordance with this section.

(e) The state fire council shall review the effectiveness of this section and report every three years to the legislature the state fire council's findings and, if appropriate, recommendations for legislation to improve the effectiveness of this chapter. The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period. [L 2008, c 218, pt of §1]
Haw. Rev. Stat. § 127A-16 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-16
Major disaster fund.
Status: in_force

[Repeal and reenactment on July 1, 2026. L 2024, c 10, §17.] (a) The administrator shall submit requests to the legislature to appropriate from the general revenues of the State sufficient moneys as may be necessary for expenditure by or under the direction of the governor for immediate relief in response to an emergency or disaster in any part of the State; provided that:

(1) The governor has issued a proclamation of a state of emergency;

(2) The governor shall not expend in excess of $10,000,000 for immediate relief as a result of any single emergency or disaster; and

(3) In addition to the funds in paragraph (2), an additional $5,000,000 may be made available solely for the purpose of matching federal disaster relief funds when these funds become available to the State following a presidential disaster declaration.

In expending the moneys, the governor may allot any portion thereof to any agency, office, or employee of the State or a county for the most efficient relief for the population. Notwithstanding this subsection, the only exception to paragraphs (1), (2), and (3) is that the administrator may use up to $250,000 per year to support the emergency management reserve corps.

(b) No later than sixty days after any allotment by the governor or the expenditure of any fund moneys, the administrator shall report to the legislature on the purpose of the allotment or expenditure.

(c) Except as provided in subsections (d) and (e), federal reimbursement moneys for disaster relief shall be deemed to be trust moneys and shall be deposited into a trust account with and under the control of the Hawaii emergency management agency. Upon receipt by the Hawaii emergency management agency, these moneys shall be reimbursed to the originating fund of the expending agency; provided that if the original appropriation has lapsed, the funds shall be returned to the general fund.

(d) Federal reimbursement moneys for disaster relief for the Maui wildfires disaster that began on August 8, 2023, shall be deemed to be trust moneys and shall be deposited into a trust account with and under the control of the Hawaii emergency management agency. These moneys and any interest earned thereon shall be used for the recovery efforts from the Maui wildfires disaster that began on August 8, 2023, and shall not lapse to the general fund.

(e) In cases in which the department of education expends the funds appropriated to the department for purposes deemed to be reimbursable by federal reimbursement moneys for disaster relief, the federal reimbursement moneys shall not lapse to the general fund and shall be credited directly to the department of education without regard to whether the original appropriation has lapsed. The funds shall carry over in accordance with section 37-41.5(c).

(f) Any unspent funding under $2,500,000 shall be rolled over to the next fiscal year to support current and future emergencies and disasters.

(g) Each state department and agency shall submit to the administrator, no later than August 1 of each year, a report of all funds expended, if any, for the prior fiscal year by the state department and agency for disaster response. The report shall include:

(1) The source of funds, including the name and account number of the funding source;

(2) The amount and purpose of each expenditure; and

(3) Whether any programs, activities, or contracts were reduced as a result of disaster response spending by the state department and agency.

(h) The administrator shall submit an annual report to the legislature no later than September 1 of each year on:

(1) The amount of federal reimbursement moneys for disaster response that the State could have applied for during the prior fiscal year. The report shall indicate the amount of federal reimbursement moneys for disaster response broken down by department and agency;

(2) The amount of federal reimbursement moneys for disaster response that the State applied for and the amount received during the prior fiscal year. The report shall indicate the amount of federal reimbursement moneys for disaster response broken down by department and agency;

(3) The justification for any difference in the amount of federal reimbursement moneys for disaster response that the State was eligible for and the amount the State applied for;

(4) The average amount of time between the submittal of an application for a Federal Emergency Management Agency reimbursement and receipt of the funds;

(5) The number of disaster accounts opened for the prior fiscal year; and

(6) The information relating to the expenditure of funds that is reported by each state department and agency pursuant to subsection (g). [L 2014, c 111, pt of §2; am L 2015, c 129, §2; am L 2017, c 139, §2; am L 2019, c 78, §4; am L 2022, c 99, §5 and c 116, §2; am L 2024, c 10, §15]
Haw. Rev. Stat. § 121-43 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-43
Nonforfeiture for absence.
Status: in_force

(a) Every employee of a private employer who is a member of the national guard shall be entitled to absent oneself from the employee's employment duties while engaged in the performance of ordered national guard service and while going to and returning from such service. Such person shall:

(1) If still qualified to perform the person's employment duties, be restored by such employer or the employer's successor in interest to such position or to a position of like seniority, status, and pay; or

(2) If not qualified to perform the person's employment duties, by reason of disability sustained during ordered national guard service, but qualified to perform the duties of any other position in the employ of such employer or the employer's successor in interest, be offered employment and, if such person so requests, be employed by such employer or the employer's successor in interest in such other position the duties of which such person is qualified to perform as will provide such person like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such person's case,

unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so.

(b)(1) Any person who is restored to or employed in a position in accordance with the provisions of subsection (a) shall be considered as having been on furlough or leave of absence; shall be so restored or reemployed without loss of seniority; shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was ordered to national guard service; and shall not be discharged from such employment position without cause within one year after such restoration or reemployment.

(2) Any person who is restored to or employed in a position in accordance with the provisions of subsection (a) should be so restored or reemployed in such manner as to give such person such status in the person's employment as the person would have enjoyed if such person had continued in such employment continuously from the time such person became engaged in the performance of ordered national guard service until the time of such person's restoration to such employment, or reemployment.

(3) Any person who holds a position described in subsection (a) shall not be denied retention in employment or any promotion or other incident or advantage of employment because of any obligation as a member of the national guard. [L 1979, c 5, §1; gen ch 1985]
Haw. Rev. Stat. § 125C-10 — HI Code / Division 1 / Title 10 / Chapter 125C / Section 125C-10
Fraud; misdemeanor.
Status: in_force

Any person required by the governor or the governor's authorized representative, pursuant to section 125C-9, to make, keep or file any application, schedule, record, report, or statement, whether or not under oath, who intentionally makes, files, or keeps a false or fraudulent application, schedule, report, or statement or intentionally conceals therein any material fact, and any person who in any other manner intentionally deceives or attempts to deceive the governor or the governor's authorized representative with respect to any fact to be used in administering this chapter, and any person who intentionally fails to observe and comply with any rule promulgated under this chapter, shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 136-1 — HI Code / Division 1 / Title 10 / Chapter 136 / Section 136-1
Definitions.
Status: in_force

As used in this chapter, "laser pointing device" means any hand-held laser device, which is not designed as a sighting device for a weapon nor for use in a medical procedure. This term includes the commercially-available device, which is commonly known as a "laser pen" or "laser pointer".
Haw. Rev. Stat. § 128D-14 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-14
Public participation.
Status: in_force

Public participation activities may be implemented by the department and required of responsible parties, in accordance with the state contingency plan, or any other state rule.
Haw. Rev. Stat. § 121-40 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-40
Pay of enlisted personnel while on active duty.
Status: in_force

Enlisted personnel of the army and air national guard while on active duty in the service of the State, except during periods of annual field training or year-round field training, shall receive the same pay and allowances as enlisted personnel of similar rank in the United States Army and Air Force respectively; provided that the:

(1) State shall allow enlisted personnel to directly deposit their pay by electronic means to their personal banking accounts;

(2) If an enlisted person is activated for more than thirty days in the service of the State and is not otherwise covered by health insurance, the State shall provide an allowance for the payment of TRICARE reserve select, TRICARE dental, and vision coverage for the individual enlisted person and TRICARE reserve select coverage for the enlisted person's family should the enlisted person have eligible dependents; and

(3) Aggregate of the pay and allowances, computed on a daily basis, shall in no event be less than the amount equal to ten times the hourly wage specified in section 387-2. [L 1967, c 196, pt of §1; HRS §121-40; am L 1969, c 15, §1(b); am L 1981, c 198, §1; am L 1986, c 339, §2; am L 2007, c 31, §2; am L 2024, c 71, §2; am L 2025, c 181, §2]
Haw. Rev. Stat. § 132D-21 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-21
Health care facilities; report of fireworks and articles pyrotechnic incidents.
Status: in_force

(a) Health care facilities in this State shall report all incidents of serious injuries and fatalities caused by legal and illegal aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks to the department of health and the police department of the county in which the person was attended or treated. All reports shall be in writing or in the manner specified by the department of health.

(b) As used in this section, "health care facilities" includes any outpatient clinic, emergency room, or physician's office, private or public, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. "Health care facilities" includes but is not limited to health care facilities that are commonly referred to as hospitals, extended care and rehabilitation centers, nursing homes, skilled nursing facilities, intermediate care facilities, hospices for the terminally ill that require licensure or certification by the department of health, kidney disease treatment centers, including freestanding hemodialysis units, outpatient clinics, organized ambulatory health care facilities, emergency care facilities and centers, home health agencies, health maintenance organizations, and others providing similarly organized services regardless of nomenclature. [L 2000, c 117, §1; am L 2006, c 183, §19; am L 2025, c 243, §16]
Haw. Rev. Stat. § 127A-8 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-8
Status and rights of personnel.
Status: in_force

(a) All state and county officials, officers, and employees are considered "emergency workers" and shall perform functions as determined by their respective state or county department director during emergencies or disasters.

(b) If any state or county official, officer, or employee is engaged in carrying out this chapter in lieu of the official, officer, or employee's regular office or employment, the amount of the official, officer, or employee's compensation shall not be adversely affected, and the official, officer, or employee's rights in or under the laws relating to vacation and leave, the retirement system, civil service or the like, shall not be adversely affected.

(c) All persons, including volunteers whose services have been accepted by authorized persons, while engaged in the performance of duty pursuant to this chapter, including duty performed during exercises and training, shall be deemed state employees if the performance of duty is for the State, or county employees if the performance of duty is for the county, and shall have the powers, duties, rights, and privileges of such in the performance of their duties, except as may be prescribed by or under the authority of the governor or the mayor, pursuant to this chapter.

(d) In case of injury or death arising out of and in the performance of duty pursuant to this chapter, including duty performed during periods of training, all persons having the status of official, officer, or employee of the State or county, pursuant to this section, and their dependents, shall be entitled to all of the benefits provided in chapter 386, including medical services and supplies, and in case of injury or death, no public official shall be excluded from the coverage of chapter 386 by reason of being an elected official. For the purposes of the benefits, average weekly wages shall be computed upon the basis set forth in section 386-51, or upon the basis of earnings from the usual employment of the person, or upon the basis of earnings at the rate of $20 per week, whichever is most favorable to the claimant or claimants. The costs thereof, in cases of state employees, shall be a charge upon the state insurance fund and, in cases of county employees, shall be a charge upon the county insurance fund; provided that the governor or mayor may effect such insurance in respect of the obligations assumed pursuant to this section and as may be available under any mutual aid agreement or act of Congress. Nothing herein shall adversely affect the right of any person to receive any benefits or compensation under any act of Congress. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 132-19 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-19
Aerial luminaries; prohibited.
Status: in_force

(a) It shall be unlawful to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial luminaries, commonly known as sky lanterns, Hawaii lanterns, and flying luminaries.

(b) Any person who violates this section shall be guilty of a misdemeanor and shall be imprisoned for not more than one year or fined not more than $1,000, or both, for each violation.

(c) As used in this section, "aerial luminary" means an airborne paper lantern containing a small candle, or other device for fuel, that heats air from inside the lantern causing the lantern to rise into the air and remain airborne until the candle or other device extinguishes. [L 2012, c 319, §2]

Revision Note

Section was enacted as an addition to chapter 132D but was renumbered to this chapter pursuant to §23G-15.
Haw. Rev. Stat. § 127A-30.5 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-30.5
[ §127A-30.
Status: in_force

[ §127A-30.5] Charitable fraud during a state of emergency. (a) A person commits the offense of charitable fraud during a state of emergency if, during a state of emergency declared by the governor under section 127A-14(a), the person intentionally, knowingly, or recklessly performs any of the following actions in connection with a solicitation or acceptance of a contribution to assist a disaster victim:

(1) The person uses any deceptive act or practice, false pretense, false promise, or misrepresentation in connection with the solicitation of a contribution;

(2) The person misrepresents, misleads, or omits information concerning the intended uses of contributions; or

(3) The person uses contributions in a manner other than the specific purposes represented by the solicitor at the time the contribution was solicited.

(b) Charitable fraud during a state of emergency is a:

(1) Class B felony if the value of contributions obtained or attempted to be obtained is $20,000 or more;

(2) Class C felony if the value of contributions obtained or attempted to be obtained is more than $750 and less than $20,000; or

(3) Misdemeanor if the value of contributions obtained or attempted to be obtained is $750 or less.

(c) For purposes of this section:

"Contribution" includes money, credit or debit card transactions, online payments, payments made through a third party, goods, services, or anything else of value, whether tangible or intangible.

"Disaster victim" means any person adversely affected by the disaster or emergency that caused the governor to declare a state of emergency.

"Solicit" or "solicitation" means a request directly or indirectly for contributions on the plea or misrepresentation that the contributions, or any portion thereof, will be used for disaster relief, be used to benefit disaster victims, or go to a charitable organization engaged in assisting disaster victims. A person "solicits", or a "solicitation" occurs, regardless of whether the person making the solicitation receives any contribution. "Solicit" or "solicitation" includes the following:

(1) Any oral or written request, or request made by electronic message, electronic mail, blog, post, or any other form of electronic communications;

(2) The making of any announcement to any organization for the purpose of further dissemination, including announcements to the press, over the radio or television, or by telephone, telegraph, the Internet, social media, or facsimile, concerning an appeal or campaign by or for disaster relief, to benefit disaster victims, or any charitable organization engaged in assisting disaster victims;

(3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication that directly or by implication seeks to obtain public support;

(4) Where the sale, or offer or attempted sale, of any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for disaster relief, to benefit disaster victims, or any charitable organization engaged in assisting disaster victims; or where the name of any disaster, disaster victims, or charitable organization engaged in assisting disaster victims is used or referred to in any appeal as an inducement or reason for making any sale; or where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale will be used for disaster relief, to benefit disaster victims, or go to a charitable organization engaged in assisting disaster victims; and

(5) A request made through the use of receptacles for contributions such as honor boxes, vending machines, wishing wells, contribution boxes, and novelty machines, where a charitable appeal is used or referred to or implied as an inducement or reason to contribute. [L 2024, c 211, §1]
Haw. Rev. Stat. § 128E-5 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-5
Establishment and functions of local emergency planning committees.
Status: in_force

(a) A minimum of one local emergency planning committee shall be established in each county. The committee shall be subject to the requirements of this chapter and section 303 of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. §11003.

(b) The members of a committee shall be appointed by the commission, based upon the recommendations of the respective mayor of a county. The list of recommended persons shall contain at least one person from each of the groups listed in subsection (c). The commission may reject any recommendation made by the mayor of a county and appoint persons who did not receive a recommendation from the mayor.

(c) A committee shall be composed of at least one person from each of the following groups:

(1) Elected state and county officials;

(2) Law enforcement, first aid, health, environmental, hospital, and transportation personnel;

(3) Firefighting personnel;

(4) Emergency management personnel;

(5) Broadcast and print media personnel;

(6) Community groups not affiliated with emergency service groups;

(7) Owners and operators of facilities subject to the requirements of the Emergency Planning and Community Right-to-Know Act of 1986; and

(8) Other groups recommended by the mayor and appointed by the commission.

(d) Not more than sixty days after the occurrence of a vacancy, the commission, based upon the recommendations of the mayor, shall appoint a successor member to the committee, unless the requirements of subsection (c) have been fulfilled.

(e) Upon the failure of the mayor of a county to submit a list of nominees to the commission not more than forty-five days after notice of a vacancy, the commission shall make the appointment on its own initiative unless the requirements of subsection (c) have been fulfilled.

(f) Each committee shall:

(1) Adopt bylaws and other administrative procedures to carry out the duties, requirements, and responsibilities set forth in this chapter, and as required by the commission and the Emergency Planning and Community Right-to-Know Act of 1986;

(2) Take appropriate actions to ensure the preparation, implementation, and annual update and review of the local emergency response plan required by this chapter and the Emergency Planning and Community Right-to-Know Act of 1986. The local emergency response plans shall include, but not be limited to, the following:

(A) Identification of each facility subject to the requirements of section 303 of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. §11003 and within the emergency planning district; identification of routes likely to be used for the transportation of substances on the list of extremely hazardous substances; and identification of additional facilities contributing or subjected to additional risk due to their proximity to facilities subject to the requirements of this section, such as hospitals or natural gas facilities;

(B) Methods and procedures to be followed by facility owners and operators and local emergency and medical personnel in responding to any release of these substances;

(C) Designation of a community emergency coordinator and facility emergency coordinators, who shall make determinations necessary to implement the plan;

(D) Procedures providing reliable, effective, and timely notification by facility emergency coordinators and the community emergency coordinator to persons designated in the emergency plan, and the public, that a release has occurred, consistent with the notification requirements of this chapter and section 304 of the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. §11004;

(E) Methods for determining the occurrence of a release, and the area or population likely to be affected by the release;

(F) A description of emergency equipment and facilities in the county and at each facility in the county subject to the requirements of this section, and the identification of the persons responsible for the equipment and facilities;

(G) Evacuation plans, including provisions for precautionary evacuation and alternate traffic routes;

(H) Training programs, including schedules for training of local emergency response and medical personnel; and

(I) Methods and schedules for exercising the emergency plan;

(3) Request additional information from the facilities, if necessary, to develop emergency response plans;

(4) Submit local emergency response plans to the commission for review, and to other affected agencies upon request;

(5) Report to the commission on alleged violations of this chapter;

(6) Prepare reports, recommendations, and other information related to the implementation of this chapter, as requested by the commission;

(7) Have the primary responsibility for receiving, processing, and managing hazardous chemical information forms and data, trade secrets, and public information requests pursuant to this chapter;

(8) Accept and deposit into the state treasury any grants, gifts, or other funds received for the purpose of carrying out this chapter; and

(9) Evaluate the need for resources necessary to develop, implement, and exercise the emergency plan, and make recommendations with respect to additional resources that may be required and the means for providing these additional resources.

(g) The administrative and operational expenses of a committee may be paid by the State. [L 1993, c 300, pt of §1; am L 2014, c 111, §28]

Revision Note

In subsection (c)(4), "Civil defense and emergency management personnel", as amended by L 2014, c 111, § 28, changed to "Emergency management personnel" pursuant to § 23G-15.
Haw. Rev. Stat. § 134-14 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-14
Report.
Status: in_force

Within ten days after the last day of each month, each of the authorities authorized in this chapter to issue or revoke permits and licenses shall make a report to the department of the attorney general of all permits and licenses issued or revoked by the authority as of the last day of the preceding month. The report shall be in the manner and form as the attorney general may prescribe.
Haw. Rev. Stat. § 122A-2 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-2
Hawaii state defense force established.
Status: in_force

The Hawaii state defense force is established as a component of the militia of the State.
Haw. Rev. Stat. § 125C-23 — HI Code / Division 1 / Title 10 / Chapter 125C / Section 125C-23
Set-aside system.
Status: in_force

The chief energy officer of the Hawaii state energy office shall adopt rules establishing a petroleum products set-aside system. The purpose of this system shall be:

(1) The protection of public health, safety, and welfare;

(2) The maintenance of public services, utilities, and transportation, including emergency and essential intrastate air transport services;

(3) The maintenance of agricultural operations, including farming, horticulture, dairy, fishing, and related services;

(4) The preservation of economically sound and competitive industry, through the equitable acquisition and distribution of petroleum products; and

(5) The promotion of efficiency, with minimum economic disruptions, during a shortage of petroleum products.

The rules establishing the set-aside system shall be adopted in accordance with chapter 91. [L 1984, c 238, pt of §7; am L 1994, c 59, §3; am L 2019, c 122, §3]
Haw. Rev. Stat. § 128D-8 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-8
Civil penalties.
Status: in_force

(a) Any person who is liable for a release, or threat of a release, of hazardous substances, and who fails, without sufficient cause, to properly provide removal or remedial action pursuant to an administrative order issued by the director, may be liable to the department for punitive damages up to three times the amount of any costs incurred by the fund pursuant to this chapter as a result of the failure to perform the actions specified in the order. The director is authorized to commence a civil action against any such person to recover the punitive damages, which shall be in addition to any costs recovered from such person pursuant to section 128D-5.

(b) In addition to liability for costs incurred by the State for the investigation, assessment, containment, and removal of a release or a threat of a release of hazardous substances, any person who wilfully, knowingly, or recklessly violates or fails or refuses to comply with any provision of this chapter, or any order issued, or rule adopted under this chapter, shall be subject to a civil penalty not to exceed $50,000 for each separate violation. Each day a violation continues shall constitute a separate violation. The director is authorized to commence a civil action in the appropriate circuit environmental court to recover such penalties.

(c) Any rule issued pursuant to this chapter shall be adopted in accordance with chapter 91.

(d) Civil penalties collected under this chapter shall be paid to the department for deposit into the revolving fund and may be recovered in a civil action in [an] environmental court of competent jurisdiction where the violation is alleged to have occurred.

(e) In determining the amount of any civil penalty assessed pursuant to this section, the environmental court shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit of savings, if any, resulting from the violation, and such other matters as justice may require. The director may compromise and settle any claim for a penalty pursuant to this chapter. [L 1990, c 298, pt of §17; am L 1991, c 280, §§9, 10; am L 2014, c 218, §8]
Haw. Rev. Stat. § 132D-14 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-14
Penalty.
Status: in_force

(a) Except as provided in subsections (b) and (c), any person:

(1) Importing, storing, or distributing aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks without having a valid license as required pursuant to section 132D-7:

(A) Shall be guilty of a class C felony; and

(B) Notwithstanding subparagraph (A), if the total weight of the aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks is twenty-five pounds or more, shall be guilty of a class B felony; and

(2) Purchasing, possessing, setting off, igniting, discharging, or otherwise causing to explode aerial devices, articles pyrotechnic, or display fireworks without a valid permit required pursuant to sections 132D-10 and 132D-16:

(A) If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is fifty pounds or more, shall be guilty of a class B felony;

(B) If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is twenty-five pounds or more, shall be guilty of a class C felony;

(C) If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is five pounds or more, shall be guilty of a misdemeanor; and

(D) If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is less than five pounds or if the total weight cannot be determined, shall be fined $300 and subject to proceedings under chapter 291D.

(b) Any person who would otherwise be subject to sentencing for a criminal offense under subsection (a) shall be guilty of an offense one class or grade higher, as the case may be, than that provided in subsection (a) if:

(1) The person has been convicted one or more times for any offense under this chapter within ten years of the instant offense; or

(2) Any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks imported, stored, distributed, purchased, possessed, set off, ignited, discharged, or otherwise caused to explode in the commission of the offense under subsection (a) cause substantial bodily injury to another person.

(c) Any person who would otherwise be subject to sentencing for a criminal offense under subsection (a) shall be guilty of an offense two classes or grades higher, as the case may be, than that provided in subsection (a) if any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks imported, stored, distributed, purchased, possessed, set off, ignited, discharged, or otherwise caused to explode in the commission of the offense under subsection (a) cause serious bodily injury or death to another person; provided that for an offense already classified as a class B felony, the person shall be guilty of a class A felony.

(d) The state of mind requirement for subsections (b) and (c) shall not be applicable to whether the person was aware that any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused or would cause the injury or death. A person shall be strictly liable with respect to the attendant circumstance that the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused the injury or death.

(e) Except as provided in subsection (a), (b), or (c), or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be guilty of a violation and fined no less than $500 and no more than $5,000 for each violation.

(f) The court shall collect the fines imposed in subsections (a), (b), (c), and (e), for violating this chapter and, of the fines collected, shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed, which shall be expended by the county for law enforcement purposes.

(g) Notwithstanding any penalty set forth herein, violations of subsection (a)(1) may be subject to nuisance abatement proceedings provided in part V of chapter 712. [L 1994, c 180, pt of §1; am L 2000, c 233, §12; am L 2006, c 183, §16; am L 2010, c 136, §3; am L 2019, c 248, §2; am L 2022, c 104, §2; am L 2024, c 208, §7; am L 2025, c 243, §12]
Haw. Rev. Stat. § 122A-8 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-8
Pay and allowances.
Status: in_force

(a) When in the active service of the State, members of the Hawaii state defense force shall receive from the State the same basic pay and allowance for subsistence as prescribed by federal law and regulations for members of the army national guard, of like grade and length of service, when in the active service of the United States. Subject to rules adopted by the governor, members may be subsisted in kind in lieu of a monetary allowance therefor.

(b) Subject to rules adopted by the governor, members of the Hawaii state defense force when in the active service of the State may be quartered at the expense of the State or paid a monetary allowance in lieu thereof. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
Haw. Rev. Stat. § 134-34 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-34
National emergency, when.
Status: in_force

A national emergency or crisis shall be deemed to have arisen when the governor and the senior United States military commander headquartered in the State or, in the absence of the commander, a duly designated representative have, in the exercise of their discretion, so determined.
Haw. Rev. Stat. § 134-13 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-13
Revocation of permits and licenses.
Status: in_force

(a) All permits and licenses provided for under this part shall be revoked by the issuing authority, and may be revoked by any court, if the issuing authority or court determines that the permit or license is subject to revocation because the permit or license holder does not satisfy, or no longer satisfies, the applicable qualifications or requirements associated with the permit or license.

(b) If the issuing authority determines that a permit or license is subject to revocation, the issuing authority shall notify the permit or license holder of the determination in writing, stating the grounds for the determination and informing the permit or license holder of the right to seek a hearing before the issuing authority regarding the determination before revocation. Unless the permit or license holder submits a request for a hearing in writing to the issuing authority no later than thirty days following the date of the written notice that the permit or license is subject to revocation, the permit or license shall be immediately revoked by the issuing authority. Any hearing regarding a determination on whether a permit or license is subject to revocation shall constitute a contested case hearing for purposes of chapter 91. A person or entity aggrieved by a revocation under this section may apply for judicial review in state circuit court in accordance with section 91-14.

(c) If a permit or license is revoked pursuant to this section, the former permit or license holder shall return the permit or license to the issuing authority within forty-eight hours following receipt of the notice of revocation. [L 1988, c 275, pt of §2; am L 2023, c 52, §8]
Haw. Rev. Stat. § 125C-3 — HI Code / Division 1 / Title 10 / Chapter 125C / Section 125C-3
Powers in a shortage.
Status: in_force

When a shortage as defined in section 125C-2 exists, the governor or the governor's authorized representative, to ensure that petroleum products are made available to the public in an orderly, efficient, and safe manner, may:

(1) Control the retail distribution and sale of petroleum products by adopting rules that may include, but are not limited to, the following measures:

(A) Restricting the sale of petroleum products to specific days of the week, hours of the day or night, odd- and even-numbered calendar days, and vehicles having less than a specified amount of gasoline in their tanks, with exceptions for certain designated geographical areas;

(B) Restricting sales of petroleum products by dealers to daily allocations, which shall be determined by dividing the monthly allocation by the number of selling days per month;

(C) Requiring dealers to post signs designating their hours of operation and the sell-out of daily allocation;

(D) Instituting a statewide rationing plan; and

(E) Allowing for special handling for commercial and emergency-user vehicles;

(2) Require that a percentage of petroleum products, not to exceed five per cent, be set aside to alleviate hardship; provided that aviation gasoline set aside shall not exceed ten per cent;

(3) Purchase and resell or otherwise distribute petroleum products, and purchase and resell or otherwise distribute ethanol that is produced within the State and can be used as a substitute for petroleum products;

(4) Receive, expend, or use contributions or grants in money or property, or special contributions thereof for special purposes not inconsistent with this chapter;

(5) Borrow and expend moneys needed to exercise the powers granted under this section;

(6) Contract in the name of the State for the purpose of implementing this chapter or any part thereof; and

(7) Exercise the powers granted under this section to the degree and extent deemed by the governor to be necessary, including the temporary or indefinite suspension of all or part of the measures taken, as the governor deems appropriate. [L 1975, c 38, pt of §1; am L 1984, c 238, §4; gen ch 1985; am L 1992, c 182, §3; am L 1994, c 59, §1]
Haw. Rev. Stat. § 128D-38 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-38
Exempt positions.
Status: in_force

There are established such positions as necessary to support the voluntary response program and other voluntary activities pursuant to this chapter. These positions shall be appointed by the director without regard to chapter 76. These positions shall be included in any benefit program generally applicable to the officers and employees of the State.
Haw. Rev. Stat. § 127A-27 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-27
Preliminary or interlocutory injunctions and temporary restraining orders.
Status: in_force

Notwithstanding any other law to the contrary, no preliminary or interlocutory injunction, or temporary restraining order, suspending, enjoining, or restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, on the ground of unconstitutionality or for any other reason or reasons, any provision of this chapter or any proclamation, order, or rule prescribed, made, or issued under the authority of this chapter, shall be issued or granted by any court of the State, or by any judge thereof, unless the application for the same is presented to a circuit judge, is heard and determined by the circuit judge sitting with two other circuit judges, and a majority of the judges concur in granting the application. When the application is presented to a judge, the judge shall immediately notify the chief justice of the supreme court of the State, or the senior associate justice in the event of the chief justice's absence or incapacity or a vacancy in the office, who shall forthwith assign two other circuit judges to sit with the circuit judge in hearing and determining the application.

The application shall not be heard or determined before at least five days' notice of the hearing has been given to the governor and the attorney general, or to the mayor and the county corporation counsel, as applicable, and to such other persons as may be defendants or respondents in the suits. In cases in which immediate irreparable damage would otherwise ensue to the petitioner, the circuit judge to whom the application is made may, after giving notice to the governor and the attorney general, or the mayor and the county corporation counsel, as applicable, and allowing them an opportunity to appear, grant a temporary stay or suspension, in whole or in part, of the operation of the statutory provision, proclamation, order, or rule. The temporary stay or suspension shall remain in force only until the hearing and determination of the application for a preliminary or interlocutory injunction, and in any event for not more than ten days from the date of the order of the judge. If the two additional circuit judges have been assigned to the case, no temporary stay or suspension shall be ordered unless a majority of the three circuit judges shall concur.

In a case of the stay or suspension, the order of the judge or judges shall contain a finding or findings, based upon evidence submitted to the judge or judges and incorporated in the order by reference thereto, that irreparable damage would result to the petitioner, and specifying the nature of the damage and why it is immediate and irreparable. The three circuit judges assigned to sit in the case may, upon a like finding and for good cause shown, appearing from reasons entered of record, continue the temporary stay or suspension for an additional ten-day period, but for only one such period unless the party against whom the order is directed consents that it may be extended for a longer period. The hearing upon an application for a preliminary or interlocutory injunction shall be given precedence and shall be in every way expedited and be assigned for hearing at the earliest practicable day.

If a temporary stay or suspension has been allowed, the application for a preliminary or interlocutory injunction shall be set for hearing within five days after the granting of the stay or suspension. When the matter comes on for hearing, the party who obtained the temporary stay or suspension shall proceed with the application for a preliminary or interlocutory injunction. Otherwise the temporary order shall be dissolved forthwith. No extension of time shall be granted without the approval of at least two of the three judges. Upon the final hearing of any such suit, the same requirement as to judges and the same procedure as to expedition shall apply. [L 2014, c 111, pt of §2]

Revision Note

Subsection (a) designation deleted pursuant to §23G-15.
Haw. Rev. Stat. § 132-18 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-18
Administrative staffing for the state fire council.
Status: in_force

(a) The state fire council may employ on a full-time basis an administrator and administrative assistant, without regard to chapters 76 and 89. The administrator shall administer the affairs of the state fire council at the direction of the council. The state fire council shall determine the compensation for the administrator and the administrative assistant.

(b) The administrator and administrative assistant shall assist the state fire council in carrying out the duties of the council under section 132-16, including:

(1) Administration of the daily operations of the state fire council;

(2) Administration of the adoption process of the state fire code by the counties;

(3) Submission of applications for and expending of federal grants and assistance for fire-related projects;

(4) Administration of the reduced ignition propensity cigarette program;

(5) Coordination of the statewide fire and life safety training, education, and data collection programs; and

(6) Implementation of other related duties as directed by the state fire council.

(c) The budgetary requirements for conducting meetings and other related functions of the state fire council, including the salaries of the administrator and administrative assistant, shall be included in the budget of the department of labor and industrial relations. [L 2011, c 188, §2]
Haw. Rev. Stat. § 132D-27 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-27
Storage and disposal fine.
Status: in_force

(a) In any administrative, civil, or criminal action to enforce this chapter, after providing notice and an opportunity for hearing, the agency or a court hearing the action shall hold any party violating this chapter liable for the total amount of any costs incurred by the agency or agencies for the storage and disposal of confiscated or seized fireworks or articles pyrotechnic.

(b) An administrative or civil order to pay a storage and disposal fine may be collected in the same manner as a judgment in a civil action. An agency or agencies may collect the full amount of the storage and disposal fine together with any costs, interest, and attorney's fees incurred in any action to enforce the order to pay. [L 2024, c 208, pt of §2]
Haw. Rev. Stat. § 127A-5 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-5
County emergency management agency.
Status: in_force

(a) The mayor of each county shall have direct responsibility for emergency management within the county, including the organization, administration, and operation of a county emergency management agency.

(b) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is organized, coordinate all emergency management plans within the county, and cooperate as closely as possible with the agency and emergency management agencies in the other counties in all aspects of emergency management.

(c) Each county shall be responsible for the establishment, naming, and operation of a county emergency management agency under the mayor's direction, and shall enact ordinances to establish the county emergency management agency and ensure that the mayor and the county's emergency management agency have the powers necessary to receive state and federal funds and carry out the functions of this chapter at the county level. The ordinances shall comply with powers established under sections 127A-12 and 127A-13.

(d) E ach county, under the mayor's direction, shall make appropriations and authorize expenditures for the purposes of this chapter, including for use as matching funds for federal aid, out of the normal revenues or fund balances or surpluses of the counties, notwithstanding any legal restrictions upon the purposes for which the funds may be expended, except that pension and retirement funds, funds set aside for the redemption of bonds or the payment of interest thereon, trust funds, loan funds, and funds received from the federal government or from any person for specific purposes shall not be affected.

(e) Each county, under the mayor's direction, shall provide a county-level administrator or director of the county emergency management agency, and technical, administrative, and other personnel; office space; furniture; equipment; supplies; and funds necessary to carry out the purposes of this chapter.

(f) The administrator or director of the county emergency management agency shall be subject to chapter 76.

(g) Each county, under the mayor's direction, shall, in order to ensure continuity of government during an emergency period, establish a procedure for the appointment and designation of stand-by officers for the mayor and the county legislative body during an emergency period, who shall serve in the event of the unavailability of the officers for whom they are standing-by.

(h) Each county, under the mayor's direction, shall establish and maintain an emergency operations center, as the place from where emergencies and disasters shall be managed, and staff it appropriately.

(i) Each county, under the mayor's direction, shall coordinate, develop, and implement a comprehensive emergency management plan for the county and submit annual reports to the administrator on the status and updates of the plan. [L 2014, c 111, pt of §2; am L 2019, c 78, §2]
Haw. Rev. Stat. § 134-17 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-17
Penalties.
Status: in_force

(a) If any person intentionally, knowingly, or recklessly makes any materially false, fictitious, or fraudulent statement or representation in connection with any of the requirements of this part, that person shall be guilty of a misdemeanor; provided that if any person intentionally, knowingly, or recklessly makes any materially false, fictitious, or fraudulent statement or representation regarding the person's psychiatric or criminal history in connection with any of the requirements of this part, that person shall be guilty of a class C felony.

(b) Any person who violates:

(1) Section 134-2, 134-4, 134-10, 134-13(c), or 134-15 shall be guilty of a misdemeanor;

(2) Section 134-3(a) or 134-9(q) shall be guilty of a petty misdemeanor; or

(3) Section 134-3(b) shall be guilty of a petty misdemeanor and the firearm shall be confiscated as contraband and disposed of, if the firearm is not registered within five days of the person receiving notice of the violation. [L 1988, c 275, pt of §2; am L 1994, c 204, §9; am L 2021, c 183, §5; am L 2023, c 52, §9]
Haw. Rev. Stat. § 134-3.5 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-3.5
Disclosure for firearm permit and registration purposes.
Status: in_force

A health care provider or public health authority shall disclose health information, including protected health care information, relating to an individual's mental health history, to the appropriate county chief of police in response to a request for the information from the chief of police; provided that:

(1) The information shall be used only for the purpose of evaluating the individual's fitness to acquire or own a firearm; and

(2) The individual has signed a waiver permitting release of the health information for that purpose. [L 2001, c 252, §1]
Haw. Rev. Stat. § 121-44 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-44
Youth challenge program.
Status: in_force

(a) Notwithstanding any other law to the contrary, the department may receive, expend, use, manage, and invest money, services, or property, real, personal, or mixed, that may be given, bequeathed, devised, or in any other manner provided, from sources other than the legislature or the federal government, for any purpose authorized under the Hawaii national guard youth challenge program, as described in that certain grant program under the National Guard Bureau, and not inconsistent with any terms or conditions imposed by the donor, this section, or chapter 84.

(b) A gift of money shall be deposited by the director of finance in a separate account in the state treasury and expended in accordance with law and any terms and conditions that may pertain to the gift. Unless otherwise specified as a term or condition, the department may convert a gift of property into money. Income derived from property or the conversion of property may be used for the purposes described in this section and to pay for the storage, handling, management, repair, maintenance, and distribution of other properties held by the department for these purposes.

(c) All expenditures made pursuant to this section shall be subject to the approval of the adjutant general.

(d) In the case of services and property, real, personal, or mixed received, the department shall thereafter be responsible for their management, repair, and maintenance.

(e) The source making the gift shall not be liable upon any claim for injury arising from the donated property; provided that this provision shall not affect the responsibility or liability of manufacturers of defective products nor shall it affect the responsibilities of negligent persons who cause dangerous conditions that result in injury.

(f) The department shall maintain records of each gift, the essential facts of gift management, details relating to expenditures of all money made pursuant to this section, and the current disposition, use, and condition of each gift held by the department. This information shall be compiled and reported annually to the legislature and the governor, and shall be made available to the general public free of charge. [L 1995, c 233, §2]
Haw. Rev. Stat. § 127A-17 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-17
Allotments.
Status: in_force

(a) There shall be available for allotment by the governor under this chapter:

(1) Any moneys appropriated for the purposes of this chapter, or reappropriated pursuant to subsection (b) and any unexpended moneys appropriated for emergency management or disaster relief or administration thereof by any act, but only within the scope and purposes of the appropriations so made by the legislature;

(2) Contributions, as provided by section 127A-12; and

(3) The governor's contingent fund.

(b) Any sums realized under this chapter from the sale of property by the State, or from work performed, services rendered, or accommodations or facilities furnished by the State, or from insurance against damage or loss of property the premiums for which have been paid by the State under this chapter, shall be deemed to be trust funds for the purposes of this chapter and may be expended or allotted in the same manner as other appropriations made by or available for the purposes of this chapter.

(c) The governor may allot any moneys appropriated or available for the purposes of this chapter, to any agency, officer, or employee, created, appointed, or employed under this chapter, or to any government agency, officer, or employee of the State or a county, to whom powers or duties have been delegated pursuant to this chapter, to be expended in carrying out the provisions of this chapter, and in the case of county agencies, officers, or employees, to order the allotment paid over to be held, disbursed, and accounted for as other county funds or as the governor shall provide.

(d) In the event of a deficit in the general fund of the State, any appropriation made or available for the purposes of this chapter and needed for allotment under this chapter shall take priority over other appropriations from the general fund.

(e) Any appropriation made or available for the purposes of this chapter may be expended notwithstanding the existence of a specific or other appropriation for the same or a like purpose, and without prejudice to the expenditure of the other appropriation. The powers granted by this section are in addition to, and not restrictive of, the powers granted by any other section.

(f) Any order by the governor made pursuant to this section may be amended or revoked by the governor. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 127A-14 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-14
State of emergency.
Status: in_force

(a) The governor may declare the existence of a state of emergency in the State by proclamation if the governor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the State.

(b) A mayor may declare the existence of a local state of emergency in the county by proclamation if the mayor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the county.

(c) The governor or mayor shall be the sole judge of the existence of the danger, threat, or circumstances giving rise to a declaration, an extension, or a termination of a state of emergency in the State or a local state of emergency in the county, as applicable. This section shall not limit the power and authority of the governor under section 127A-13(a)(5).

(d) A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, unless extended or terminated by a separate or supplementary proclamation of the governor or mayor. [L 2014, c 111, pt of §2; am L 2019, c 214, §5; am L 2024, c 206, §3]
Haw. Rev. Stat. § 134-9.1 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-9.1
[ §134-9.
Status: in_force

[ §134-9.1] Carrying or possessing a firearm in certain locations and premises prohibited; penalty. (a) A person with a license issued under section 134-9, or authorized to carry a firearm in accordance with title 18 United States Code section 926B or 926C, shall not intentionally, knowingly, or recklessly carry or possess a loaded or unloaded firearm, whether the firearm is operable or not, and whether the firearm is concealed or unconcealed, while in any of the following locations and premises within the State:

(1) Any building or office owned, leased, or used by the State or a county, and adjacent grounds and parking areas, including any portion of a building or office used for court proceedings, legislative business, contested case hearings, agency rulemaking, or other activities of state or county government;

(2) Any public or private hospital, mental health facility, nursing home, clinic, medical office, urgent care facility, or other place at which medical or health services are customarily provided, including adjacent parking areas;

(3) Any adult or juvenile detention or correctional facility, prison, or jail, including adjacent parking areas;

(4) Any bar or restaurant serving alcohol or intoxicating liquor as defined in section 281-1 for consumption on the premises, including adjacent parking areas;

(5) Any stadium, movie theater, or concert hall, or any place at which a professional, collegiate, high school, amateur, or student sporting event is being held, including adjacent parking areas;

(6) All public library property, including buildings, facilities, meeting rooms, spaces used for community programming, adjacent grounds, and parking areas;

(7) The campus or premises of any public or private community college, college, or university, and adjacent parking areas, including buildings, classrooms, laboratories, research facilities, artistic venues, and athletic fields or venues;

(8) The campus or premises of any public school, charter school, private school, preschool, summer camp, or child care facility as defined in section 346-151, including adjacent parking areas, but not including:

(A) A private residence at which education is provided for children who are all related to one another by blood, marriage, or adoption; or

(B) A dwelling when not used as a child care facility;

(9) Any beach, playground, park, or adjacent parking area, including any state park, state monument, county park, tennis court, golf course, swimming pool, or other recreation area or facility under control, maintenance, and management of the State or a county, but not including an authorized target range or shooting complex;

(10) Any shelter, residential, or programmatic facility or adjacent parking area operated by a government entity or charitable organization serving unhoused persons, victims of domestic violence, or children, including children involved in the juvenile justice system;

(11) Any voter service center as defined in section 11-1 or other polling place , including adjacent parking areas;

(12) The premises of any bank or financial institution as defined in section 211D-1, including adjacent parking areas;

(13) Any place, facility, or vehicle used for public transportation or public transit, and adjacent parking areas, including buses, paratransit vans, bus shelters and terminals (but not including bus stops located on public sidewalks), trains, rail stations, and airports;

(14) Any amusement park, aquarium, carnival, circus, fair, museum, water park, or zoo, including adjacent parking areas; or

(15) Any public gathering, public assembly, or special event conducted on property open to the public, including any demonstration, march, rally, vigil, protest, picketing, or other public assembly, for which a permit is obtained from the federal government, the State, or a county, and the sidewalk or street immediately adjacent to the public gathering, public assembly, or special event; provided that there are signs clearly and conspicuously posted at visible places along the perimeter of the public gathering, public assembly, or special event.

(b) This section shall not apply to a person in an exempt category identified in section 134-11(a) . It shall be an affirmative defense to any prosecution under this section that a person is:

(1) Carrying or possessing an unloaded firearm in a police station in accordance with section 134-23(a)(6), 134-24(a)(6), or 134-25(a)(6);

(2) Carrying or possessing an unloaded firearm at an organized, scheduled firearms show or exhibit;

(3) Lawfully carrying or possessing a firearm for hunting in compliance with section 134-5;

(4) A private security officer expressly authorized to carry or possess a weapon in a location or premises listed in subsection (a) by the owner, lessee, operator, or manager of the location or premises; provided that the private security officer is acting within the private security officer's scope of employment;

(5) Carrying or possessing an unloaded firearm in a courthouse for evidentiary purposes with the prior express authorization of the court;

(6) Lawfully present within the person's own home, other than a college or university dormitory or shelter or residential facility serving unhoused persons or victims of domestic violence;

(7) Carrying a firearm pursuant to a license issued under section 134-9 or in accordance with title 18 United States Code section 926B or 926C in the immediate area surrounding the person's vehicle within a parking area for the limited purpose of storing or retrieving the firearm;

(8) Possessing a firearm in an airport or any place, facility, or vehicle used for public transportation or public transit; provided that the firearm is unloaded and in a locked hard-sided container for the purpose of transporting the firearm;

(9) Walking through a public gathering, public assembly, or special event if necessary to access the person's residence, place of business, or vehicle; provided that the person does not loiter or remain longer than necessary to complete their travel or business; or

(10) Carrying a concealed firearm in accordance with title 18 United States Code section 926B or 926C in a location or premises within the State that is not a State or county property, installation, building, base, or park, and not a location or premises where a private person or entity has prohibited or restricted the possession of concealed firearms on their property.

(c) The presence of a person in any location or premises listed in subsection (a) shall be prima facie evidence that the person knew it was a location or premises listed in subsection (a).

(d) Where only a portion of a building or office is owned, leased, or used by the State or a county, this section shall not apply to the portion of the building or office that is not owned, leased, or used by the State or a county, unless carrying or possessing a firearm within that portion is otherwise prohibited by this section.

(e) As used in this section, "private security officer" means any person employed and duly licensed to engage in the private detective or guard business pursuant to chapter 463.

(f) Any person who violates this section shall be guilty of a misdemeanor.

(g) If any ordinance of any county of the State establishing locations where the carrying of firearms is prohibited is inconsistent with this section or with section 134-9.5, the ordinance shall be void to the extent of the inconsistency. [L 2023, c 52, pt of §2]
Haw. Rev. Stat. § 132D-18 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-18
Effect on other laws.
Status: in_force

Nothing in this chapter shall be construed to apply to the possession, storage, sale, or use of explosives and combustibles in accordance with chapter 396.
Haw. Rev. Stat. § 128A-2 — HI Code / Division 1 / Title 10 / Chapter 128A / Section 128A-2
Definitions.
Status: in_force

As used in this chapter:

"Attack" means any attack or series of attacks by anyone causing, or which may cause, damage or injury to persons or property in the United States in any manner by the use of chemical, biological, radiological, nuclear, explosives, firearms, cyber, or other weapons or processes; and any form of hostile action.

"County" means any of the political subdivisions of the State, including the counties of Hawaii, Maui, and Kauai and the city and county of Honolulu, but does not include the county of Kalawao.

"Director" means the director of law enforcement.

"Facilities", except as otherwise provided in this chapter, includes buildings and other structures, shelters, land, and appurtenant materials.

"Homeland security" means a concerted effort to:

(1) Prevent terrorist attacks within the United States;

(2) Reduce the State's vulnerability to attacks and terrorist activities; and

(3) Minimize the damage and recover from attacks that occur.

"Necessary" means any methods, measures, or other actions or determinations as are needed in the opinion of the governor, or the governor's authorized representative, or a mayor, or a mayor's authorized representative.

"States" includes the several states of the United States, the District of Columbia, and the possessions and territories of the United States. [L 2013, c 175, pt of §2; am L 2022, c 278, §38]
Haw. Rev. Stat. § 132D-1 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-1
Title.
Status: in_force

This chapter shall be known and may be cited as the "Fireworks Control Law".
Haw. Rev. Stat. § 134-62 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-62
[ §134-62] Court jurisdiction.
Status: in_force

[ §134-62] Court jurisdiction. A petition for relief under this part may be filed in any family court in the circuit in which the petitioner resides. A petition under this part shall be given docket priority by the court.
Haw. Rev. Stat. § 132C-5 — HI Code / Division 1 / Title 10 / Chapter 132C / Section 132C-5
State fire council; rules; implementation.
Status: in_force

The state fire council:

(1) May adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this chapter;

(2) May examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises to enforce the provisions of this chapter, through its duly authorized representatives, or the attorney general and its duly authorized representatives, or other law enforcement personnel. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold or offered for sale, shall give the state fire council, the attorney general, their duly authorized representatives, and other law enforcement personnel, the means, facilities, and opportunity for the examinations authorized by this paragraph; and

(3) Shall ensure that the implementation of this chapter is in accordance with the implementation and substance of the New York fire safety standards for cigarettes. [L 2008, c 218, pt of §1]
Haw. Rev. Stat. § 134-10 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-10
Alteration of identification marks prohibited.
Status: in_force

No person shall wilfully alter, remove, or obliterate the name of the make, model, manufacturer's number, or other mark of identity of any firearm or ammunition. Possession of a firearm or ammunition upon which any mark of identity has been altered, removed, or obliterated shall be presumptive evidence that the possessor has altered, removed, or obliterated the mark of identity.
Haw. Rev. Stat. § 128D-22 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-22
Exemption from duplicative regulation.
Status: in_force

When there has been a response to a release pursuant to an order issued under federal law, the director may use this chapter to address the same release provided that:

(1) The release creates an imminent and substantial harm to the public health or welfare; and

(2) The federal law has not provided a remedy consistent with the state contingency plan.

In those circumstances, the director shall avoid actions in conflict with federal law. A single release may be addressed either by CERCLA or by this chapter, but not both, except in the case of a joint enforcement. Nothing in this chapter shall prevent the director from taking action pursuant to the common law or other statutory provisions necessary to protect the public health and welfare, safety, or the environment. [L 1991, c 280, pt of §1]
Haw. Rev. Stat. § 132D-7 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-7
License or permit required.
Status: in_force

A person shall not:

(1) Import, store, or distribute, including at wholesale or retail, any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks unless the person has a valid license issued pursuant to this chapter; or

(2) Possess any aerial devices, articles pyrotechnic, or display fireworks without a valid license to import, store, or distribute aerial devices, articles pyrotechnic, or display fireworks, or a valid display permit issued pursuant to this chapter. [L 1994, c 180, pt of §1; am L 2000, c 233, §7; am L 2006, c 183, §7; am L 2025, c 243, §6]
Haw. Rev. Stat. § 128D-19 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-19
Administrative review of orders.
Status: in_force

(a) Any person who receives and complies with the terms of any order issued under this chapter, within sixty days after completion of the required order, may petition the director to appoint a hearings officer for review of the order and for reimbursement from the fund or the State for the reasonable costs of complying with the order, including interest.

(b) Within thirty days of receipt of the petition, the hearings officer shall commence a contested case hearing in compliance with chapter 91, and, within thirty days of the completion of the hearing, grant in whole or in part, or deny the petition.

(c) In the contested case hearing, in order to obtain reimbursement, the petitioner shall establish by clear and convincing evidence that the petitioner is not liable under this chapter and that the costs for which the petitioner seeks reimbursement are reasonable in light of the action required by the order.

(d) A petitioner who is liable under this chapter may recover the petitioner's reasonable costs of compliance with the order from the fund, or, if there are not sufficient moneys in the fund to satisfy the claims, then from the State, to the extent that the petitioner can demonstrate, on the administrative record, that the director's decision in selecting the action ordered was arbitrary and capricious or was otherwise not in accordance with the law. Reimbursement awarded under this subsection shall include all costs incurred by the petitioner pursuant to the order. If only a portion of the order is found to be arbitrary and capricious or otherwise not in accordance with law, reimbursement awarded under this paragraph shall include all costs incurred by the petitioner pursuant to the portions of the order found to be arbitrary and capricious or otherwise not in accordance with the law.

(e) Reimbursement awarded under subsections (c) and (d) may include appropriate costs, fees, and other expenses, including reasonable attorney's fees. [L 1991, c 280, pt of §1]
Haw. Rev. Stat. § 134-7.7 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-7.7
[ §134-7.
Status: in_force

[ §134-7.7] Sale of ammunition to a person under the age of twenty-one; prohibition; penalty. (a) No person shall intentionally, knowingly, or recklessly sell, offer to sell, distribute, or otherwise transfer ammunition for any firearm to any person who is under the age of twenty-one; provided that it shall not be a violation of this section to sell, offer to sell, distribute, or otherwise transfer ammunition to a person who:

(1) Meets the criteria to possess a firearm under section 134-5; and

(2) Is actively engaged in hunting or target shooting or going to or from the place of hunting or target shooting.

(b) Any person who sells, offers for sale, distributes, or otherwise transfers ammunition for any firearm shall check the government-issued photographic identification of the buyer or recipient to establish the age of the buyer or recipient before making the transfer.

(c) It shall be an affirmative defense to subsection (a) that the seller, distributor, or transferor of the ammunition had requested, examined, and reasonably relied upon a government-issued photographic identification establishing the age of the buyer or recipient as at least twenty-one years of age before selling, offering to sell, distributing, or otherwise transferring the ammunition.

(d) Any person violating subsection (a) shall be guilty of a misdemeanor. [L 2024, c 248, §2]
Haw. Rev. Stat. § 122A-16 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-16
Courts-martial; nonjudicial punishment.
Status: in_force

Any limitations in chapter 124B to the contrary notwithstanding, whenever this chapter specifically authorizes an act to be punished by court-martial or nonjudicial punishment, the court-martial may be convened or nonjudicial punishment imposed and punishment administered as though the act complained of were a violation of the punitive articles of chapter 124B.
Haw. Rev. Stat. § 127A-11 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-11
Powers on whom conferred; delegation of powers.
Status: in_force

(a) Except as otherwise expressly provided, all of the powers conferred by this chapter are conferred on the governor or mayor, as applicable. The governor or mayor may delegate any of these powers to governmental, private-sector, and nonprofit agencies and organizations, officials, officers, employees, and other individuals created, appointed, or employed under, or engaged in carrying out this chapter; provided that the following powers shall be retained by the governor or mayor, as applicable:

(1) Proclaiming a state of emergency or local state of emergency, proclaiming a state of emergency or local state of emergency terminated, or making any other proclamation provided for by this chapter;

(2) Prescribing rules having the force and effect of law; and

(3) Making allotments of funds appropriated or available for the purposes of this chapter.

Unless otherwise directed by the governor or mayor, all of the powers pertaining to emergency management authorized to be delegated by the governor or mayor shall be deemed to have been delegated by the governor to the director of Hawaii emergency management and by the mayor to the administrator or director of the county emergency management agency, as applicable, and the administrator or director of the county emergency management agency, respectively, shall have the authority to further delegate any of these powers to any agency or person to whom the governor or mayor could have directly delegated such powers.

(b) The powers conferred upon the governor or mayor by this chapter are in addition to any other powers or authority conferred upon the governor or mayor by the laws of the United States and of the State or county for the same or a like purpose, and shall not be construed as abrogating, limiting, or modifying any such powers or authority. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 132-43 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-43
Community risk reduction program.
Status: in_force

(a) The office may develop and administer a community risk reduction program that:

(1) Emphasizes education and methods for the prevention of wildfire risk;

(2) Encourages cost-effective hardening and retrofitting of structures that creates fire-resistant homes, businesses, and public buildings; and

(3) Facilitates vegetation management, the creation and maintenance of defensible space, and other fuel modification activities that provide neighborhood or community-wide benefits against wildfire.

(b) The counties may opt into the community risk reduction program to provide resources and localized knowledge of the community.

(c) The office or counties may contract with educational or other nonprofit entities to assist with the administration of the community risk reduction program. [L 2025, c 302, pt of §3]
Haw. Rev. Stat. § 128E-9 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-9
Filing fees.
Status: in_force

Facilities that are required to report according to section 128E-6(a)(2), shall remit $200 with each submission of chemical inventory forms or Tier II forms to the commission by March 1 of each year. All moneys collected by the department pursuant to this section shall be deposited in the state treasury and accrue to the credit of the environmental response revolving fund established in section 128D-2.
Haw. Rev. Stat. § 128A-13 — HI Code / Division 1 / Title 10 / Chapter 128A / Section 128A-13
Duties of the statewide interoperable communications executive committee.
Status: in_force

(a) The statewide interoperable communications executive committee shall obtain the advice and input of the statewide interoperable communications technical subcommittee, and then shall:

(1) Develop plans and strategies to improve public safety communications interoperability among state; county; and, if possible, federal public safety agencies;

(2) Develop plans and strategies to provide interoperable communications between and among public safety answering points in the State and public safety responder communications networks, infrastructure, and systems;

(3) Develop plans and strategies to promote statewide public safety communications interoperability utilizing state and county radio communication systems and networks, the Nationwide Public Safety Broadband Network, or FirstNet;

(4) Develop plans and strategies for the coordination of state; county; and, if possible, federal emergency alerts and warnings with public safety answering points and public safety responder communications networks, infrastructure, and systems;

(5) Review and adopt plans and recommendations to improve or promote increased interoperability between public safety responders and other government or non-government stakeholders that support responses to emergencies; and

(6) Submit a status report on the requirements of this subsection, including any obstacles and proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session.

(b) The members of the statewide interoperable communications executive committee shall include the following:

(1) The director of law enforcement or the director's designee, who shall serve as the chair of the committee;

(2) The attorney general or the attorney general's designee;

(3) The chairperson of the board of land and natural resources or the chairperson's designee;

(4) The state chief information officer or the chief information officer's designee;

(5) The director of transportation or the director's designee;

(6) The director of health or the director's designee;

(7) The chairperson of the Hawaii 911 board or the chairperson's designee; and

(8) Four members at the executive or senior personnel level from the first responder or emergency management agencies from each of the four counties, to be selected by the respective heads of the first responder or emergency management agencies of each county.

(c) Members of the statewide interoperable communications executive committee shall receive no compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred in carrying out the member's duties relating to the committee. [L 2022, c 97, pt of §2; am L 2023, c 186, §4; am L 2024, c 66, §11]
Haw. Rev. Stat. § 122A-6 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-6
Discipline.
Status: in_force

(a) The discipline of the Hawaii state defense force shall, to the extent practicable, conform to that of the Hawaii army national guard.

(b) When in the active service of the Hawaii state defense force, members of the Hawaii state defense force are subject to chapter 124B. Members are deemed to be in the active service of the Hawaii state defense force from the date and time specified in any order lawfully calling them into such service. [L 1987, c 35, pt of §1; am L 1988, c 135, §1; am L 2022, c 286, §3]
Haw. Rev. Stat. § 134-32 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-32
License to sell and manufacture firearms; conditions.
Status: in_force

Every license issued pursuant to this part shall be issued and shall be regarded as having been accepted by the licensee subject to the following conditions:

(1) That the licensee at all times shall comply with all provisions of law relative to the sale of firearms.

(2) That the license during any time of national emergency or crisis, as defined in section 134-34, may be canceled or suspended.

(3) That all firearms in the possession and control of any licensee at any time of national emergency or crisis, as defined in section 134-34, may be seized and held in possession or purchased by or on the order of the governor until such time as the national emergency or crisis has passed, or until such time as the licensee and the government of the United States or the government of the State may agree upon some other disposition of the same.

(4) That all firearms in the possession and control of the licensee or registered pursuant to section 134-3(c) by the licensee shall be subject to physical inspection by the chief of police of each county during normal business hours at the licensee's place of business.

(5) That the license may be revoked for a violation of any of the conditions of this section. [L 1921, c 13, pt of §1; RL 1925, §2034; RL 1935, §2555; RL 1945, §7196; am L 1953, c 155, §1(b); RL 1955, §157-31; HRS §134-32; am L 1988, c 275, §3; am L 1989, c 261, §7; am L 1994, c 204, §11]
Haw. Rev. Stat. § 132D-4 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-4
Permissible uses of display fireworks, articles pyrotechnic, and aerial devices.
Status: in_force

(a) Display fireworks, articles pyrotechnic, and aerial devices may be purchased, set off, ignited, or otherwise caused to explode in the State only if for display and permitted in writing pursuant to sections 132D-10 and 132D-16.

(b) Display fireworks, articles pyrotechnic, and aerial devices shall be set off, ignited, discharged, or otherwise caused to explode within the State only from 9:00 a.m. to 9:00 p.m.; provided that the applicable county fire chief may extend the time period for special events; provided further that the time restriction established in this subsection shall not apply to display fireworks, articles pyrotechnic, and aerial devices set off, ignited, discharged, or otherwise caused to explode within the State solely as part of a movie or television production. [L 1994, c 180, pt of §1; am L 2000, c 233, §6; am L 2006, c 183, §5; am L 2011, c 127, §3]
Haw. Rev. Stat. § 132-3 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-3
Adoption of state fire code.
Status: in_force

The state fire council shall, pursuant to chapter 92 and exempt from the requirements of chapter 91, adopt a state fire code setting forth minimum requirements relative to the protection of persons and property from fire loss, including without limitation:

(1) The storage, handling, and use of hazardous substances, materials, and devices; and

(2) The control of conditions hazardous to life or property in the design, use, or occupancy of buildings and premises.

The state fire code shall become part of the Hawaii state building codes as provided in section 107-25. The state fire council shall meet annually to review and amend the state fire code. [L 1941, c 176, §§1, 4; RL 1945, §8527; RL 1955, §184-3; am L 1965, c 96, §126; HRS §132-3; am L 1978, c 241, §2(3); am L 2001, c 55, §6; am L 2008, c 18, §1; am L 2014, c 164, §10; am L 2020, c 49, §2]
Haw. Rev. Stat. § 128E-11 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-11
Penalties and fines.
Status: in_force

(a) Any person who violates any of the emergency reporting, planning, or notification requirements of section 128E-6 or 128E-7, or fails to pay the fees required by section 128E-9, shall be subject to a civil penalty of not less than $1,000 but not more than $25,000 for each separate offense. Each day of each violation shall constitute a separate offense.

(b) Any person who:

(1) Knowingly fails to report the release of a hazardous substance or extremely hazardous substance, as required by section 128E-7, shall be guilty of a misdemeanor and, upon conviction, be fined not less than $1,000 but not more than $25,000 for each separate offense, or imprisoned for not more than one year, or both. For the purposes of this paragraph, each day of each violation shall constitute a separate offense; or

(2) Intentionally obstructs or impairs, by force, violence, physical interference, or obstacle, a representative of the department, a hazardous materials response team, or a committee attempting to perform the duties and functions set forth in section 128E-5, shall be guilty of a misdemeanor and, upon conviction, be fined not less than $5,000 but not more than $25,000 for each separate offense, or be imprisoned for not more than one year, or both.

(c) All moneys collected under this section shall be deposited in the state treasury and accrue to the credit of the state general fund. [L 1993, c 300, pt of §1]
Haw. Rev. Stat. § 128A-14 — HI Code / Division 1 / Title 10 / Chapter 128A / Section 128A-14
Statewide interoperable communications technical subcommittee.
Status: in_force

(a) There is established a statewide interoperable communications technical subcommittee to provide technical advice to the statewide interoperable communications executive committee.

(b) Membership of the statewide interoperable communications technical subcommittee shall be limited to representatives from any governmental agency having duties that include management, planning, and operation of public safety communications systems and networks, including government land mobile radio and broadband networks and those related to emergency communications centers and public safety answering points; provided that:

(1) The statewide interoperable communications coordinator shall serve as the chairperson of the statewide interoperable communications technical subcommittee;

(2) The respective lead radio communication engineer or manager for the State and each county, or each lead radio communication engineer or manager's respective designee, shall serve on the subcommittee as subject matter experts for their respective radio communication systems and networks; and

(3) The respective lead information security manager for the State and each county, or each lead information security manager's respective designee, shall serve on the subcommittee as subject matter experts for matters relating to cyber security.

(c) The statewide interoperable communications technical subcommittee shall:

(1) Not have a fixed membership, subject to the limitation established in subsection (b);

(2) Not be subject to any quorum requirement; and

(3) Be exempt from part I of chapter 92. [L 2022, c 97, pt of §2]
Haw. Rev. Stat. § 132D-11 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-11
Fee.
Status: in_force

(a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the county. The license fees shall be used solely by each county fire department to pay for the salary of an auditor of fireworks and articles pyrotechnic records and all expenses incurred to fulfill the duties required, including the inspection of inventory and storage facilities, maintenance of required records, and the training of the auditor. The auditor of fireworks and articles pyrotechnic records shall monitor strict inventory and recordkeeping requirements to ensure that sales of fireworks or articles pyrotechnic are made only to license or permit holders under this chapter. The auditor of fireworks and articles pyrotechnic records shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session detailing the inventory, recordkeeping, and sales of fireworks to license or permit holders. The county shall provide an exemption from the fees under this section to nonprofit community groups for importation and storage of fireworks or articles pyrotechnic for displays once a year.

(b) The fee for the license required under section 132D-7 shall be the fee specified in subsection (a) for each year, fraction of a year, or event in which the licensee plans to conduct business and shall be payable to the county in which the permitted activity is to occur. [L 1994, c 180, pt of §1; am L 2000, c 233, §11; am L 2006, c 183, §13; am L 2022, c 49, §2]
Haw. Rev. Stat. § 127A-23 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-23
Determination of damages.
Status: in_force

The governor or mayor, as applicable, shall appoint a board of three disinterested certified appraisers with whom may be filed any claim for damages arising out of any failure to return private property, the temporary use of which was requisitioned, or which was leased, or any claim for damages arising out of the condition in which the private property is returned; provided that no such claim shall be filed for deterioration of property resulting from ordinary wear and tear, and not for any deterioration or damage, except such as is shown to have resulted from the taking or use of the property. Any claim shall be filed within thirty days after the return of the property or after the governor or mayor proclaims that all private property has been returned to the owners, whichever is earlier. The decision of the appraisers shall be final and binding upon the governor or mayor, as applicable, and the claimant; provided that either party may file a petition in the circuit court within sixty days after the rendering of a decision of the board, praying for the decision of the court upon the claim. The petition, if filed by the State, shall be entitled in the name of the State, by the attorney general, and if filed by the county, shall be entitled in the name of the county, by its corporation counsel, and shall be heard and decided by the circuit court without the intervention of a jury. If filed by any other party, the petition shall be filed, heard, and decided in the manner provided for suits against the State. Appellate review may be had, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. The court may order the joinder of other parties or may allow other parties to intervene. Any award that has become final shall be paid out of any funds available under this chapter and, if not sufficient, out of the general revenues of the State as appropriated or out of the general revenues of the county as appropriated.
Haw. Rev. Stat. § 134-15 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-15
Restriction of materials for manufacture of pistols or revolvers.
Status: in_force

(a) It shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, sell, or deliver any pistol or revolver the frame or receiver of which is a die casting of zinc alloy which has a melting temperature of less than 800 degrees Fahrenheit.

(b) This section shall not apply to any pistol or revolver duly registered prior to July 1, 1975, pursuant to section 134-3 or to any antique pistol or revolver. [L 1988, c 275, pt of §2]
Haw. Rev. Stat. § 134-12.5 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-12.5
Forfeiture of firearms, ammunition, deadly or dangerous weapons, and switchblade knives; when.
Status: in_force

All firearms, ammunition, deadly or dangerous weapons, and switchblade knives possessed, used in violation of this chapter or the Hawaii Penal Code shall be forfeited to the State according to the provisions of chapter 712A and shall be destroyed or, if not destroyed, transferred to the chief of police of the county in which the violation took place for use by and under control of the police department.
Haw. Rev. Stat. § 127A-2 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-2
Definitions.
Status: in_force

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

"Administrator" means the administrator of the Hawaii emergency management agency established by section 127A-3.

"Agency" means the Hawaii emergency management agency established by section 127A-3.

"Council" means the Hawaii advisory council on emergency management as established by section 127A-4.

"County" means the city and county of Honolulu, and the counties of Hawaii, Kauai, and Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter.

"County emergency management agency" means a county-level entity responsible for emergency management within the respective counties as established in section 127A-5.

"Critical infrastructure" means those systems, facilities, and assets, whether physical or virtual, so vital to a county, the State, or the nation that the incapacity or destruction of such systems, facilities, or assets would have a debilitating impact on national, state, or county security; economic security; public health or safety; or any combination of those matters.

"Director" means the director of the Hawaii emergency management agency established by section 127A-3, and who is the same as the adjutant general as provided in section 26-21.

"Disaster" means any emergency, or imminent threat thereof, which re sults or may likely result in loss of life, property, or environment and requires, or may require, assistance from other counties, states, the federal government, or from private agencies.

"Disaster relief" means any physical or financial assistance provided to individuals or areas in the aftermath of an emergency or disaster.

"Electrical or natural gas facilities" means any equipment and infrastructure owned and operated by a state utility for the purpose of generating, transmitting, distributing, or furnishing electrical energy or natural gas service.

"Emergency" means any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment.

"Emergency management" means a comprehensive integrated system at all levels of government, and also in the private sector, which develops and maintains an effective capability to prevent, prepare for, respond to, mitigate, and recover from emergencies or disasters .

"Emergency management functions" mean those tasks required to prepare for and carry out actions to prevent, prepare for, respond to, mitigate, and recover from emergencies and disasters, and includes management of resources, personnel, and facilities and administration of economic controls as needed to provide relief in anticipation of, during, or after emergencies or disasters.

"Emergency period" means the dates covered by a proclamation issued by the governor declaring a state of emergency or by a mayor declaring a local state of emergency.

"Evacuation" means the immediate and rapid movement of individuals and animals away from the threat or actual occurrence of any hazard, emergency, or disaster, and includes vertical evacuation, which is moving to a higher floor or higher ground in order to gain safety above the height of expected inundation by water as recommended by the county emergency management agency.

"Facilities", except as otherwise provided in this chapter, includes any infrastructure, buildings and other structures, shelters, land, roads, highways, thoroughfares, walks, roadways, bridges, public rights of way, and any appurtenant facilities, structures, and materials.

"Hazard" means an event or condition of the physical environment that results or may likely result in damage to property, injuries or death to individuals, or damage to the environment that may result in an emergency or disaster.

"Laws" includes ordinances, rules, regulations, and orders prescribed under federal, state, or county laws or ordinances and having the force and effect of law.

"Local state of emergency" means the occurrence in any part of a county that requires efforts by the county government to save lives, and to protect property, environment, public health, welfare, or safety in the event of an emergency or disaster, or to reduce the threat of an emergency or disaster.

"Materials" includes medicines, supplies, products, commodities, articles, equipment, machinery, and component parts.

"Mutual assistance agreement" means an agreement to which two or more business entities are parties and under which a public utility, municipally owned utility, electric cooperative, natural gas special district, natural gas transmission pipeline, or joint agency owning, operating, or owning and operating infrastructure used for electric generation, electric or natural gas transmission, or electric or natural gas distribution in this State may request that an out-of-state utility perform work in this State in anticipation of a disaster or an emergency.

"Necessary" means and refers to such means, measures, or other actions or determinations as are required to be taken in the opinion of the governor or governor's authorized representative or a mayor or the mayor's authorized representative.

"Out-of-state utility" means a public utility, municipally owned utility, electric cooperative, or natural gas special district that owns, operates, or owns and operates infrastructure used for electric generation, electric or natural gas transmission, or electric or natural gas distribution outside of the State, and is regulated by the public utilities commission of the state where they operate.

"State of emergency" means an occurrence in any part of the State that requires efforts by state government to save lives and protect property, environment, public health, welfare, or safety in the event of an emergency or disaster, or to reduce the threat of an emergency or disaster, or to supplement the local efforts of the county.

"States" include the several states, the District of Columbia, and the possessions of the United States, and also includes the State of Hawaii, and to the extent authorized by or under federal law, foreign countries and their provinces and states.

"State utility" means and refers to any public utility within the State under a franchise or charter granted by the State.

"Traffic control" includes plans, regulations, devices, and actions for the control of traffic to provide for the rapid and safe movement or evacuation of individuals, vehicles, and materials for emergency management, and for the movement and cessation of movement of any pedestrians and vehicular traffic during, before, and after emergencies and disasters, emergency management exercises and training, or other emergency management actions or activities. [L 2014, c 111, pt of §2; am L 2019, c 214, §3; am L 2022, c 99, §2]
Haw. Rev. Stat. § 128D-10 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-10
Knowing releases.
Status: in_force

Any person who knowingly releases a hazardous substance into the environment in an amount above the reportable quantity established in the rules (other than a permitted release pursuant to and in accord with a federal, state, or county permit), shall be subject to prosecution for a class C felony or shall be punished by a civil penalty of not more than $100,000 per day of violation.
Haw. Rev. Stat. § 132-41 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-41
Salary.
Status: in_force

The salary of the state fire marshal and deputy state fire marshal shall be equal to the salary of the director and deputy director of human resources development, respectively.
Haw. Rev. Stat. § 132-34 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-34
Discretionary powers.
Status: in_force

The office may:

(1) Establish headquarters and county offices of the office at places the office of the governor considers advisable for the protection of the State;

(2) Allow the state fire marshal and deputy state fire marshals to operate authorized emergency vehicles as defined by section 291C-1;

(3) Use land and buildings for the accommodation of office employees and office vehicles and equipment;

(4) Contract or otherwise cooperate with any person or public agency for the procurement of necessary services or property, subject to chapter 103D where applicable, including by entering into lease agreements and taking title to real property as necessary for the performance of the duties of the office;

(5) As an emergency services agency, control and regulate the acquisition, operation, use, maintenance, and disposal of, and access to, motor vehicles and equipment for official state fire business;

(6) Accept and transfer gifts, grants, donations, and funds from any source, including services and property, to carry out the duties of the office;

(7) Provide training, or enter into contracts to obtain training services, in fire suppression and fire safety inspection, to departments and agencies that issue licenses;

(8) Explore additional opportunities to reduce wildfire risk, including engaging with:

(A) The insurance commissioner, as defined in section 431:2-102, regarding insurance policy coverage provisions, underwriting standards, insurance rates, and any other insurance-related topic relevant to enhancing the protection of property from wildfire at a reasonable cost;

(B) Electric utilities regarding further actions to protect public safety, reduce risk to electric company customers, and promote electrical system resilience to wildfire damage; and

(C) Federal agencies to expand opportunities for cost-share partnerships for wildfire mitigation and develop strategies for improvements to federal fire management policies applicable to the State;

(9) Oversee the development and maintenance of a comprehensive statewide wildfire hazard map that displays wildfire hazard zones; and

(10) Perform any other duties necessary to discharge its duties under this part. [L 2025, c 302, pt of §3]
Haw. Rev. Stat. § 132C-6 — HI Code / Division 1 / Title 10 / Chapter 132C / Section 132C-6
Penalties; enforcement; attorney general.
Status: in_force

(a) The following civil penalties may be assessed:

(1) Against a manufacturer, wholesaler, or any other person or entity that knowingly sells cigarettes, except by licensed retail sales, in violation of section 132C-3, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale; provided that in no case shall the penalty exceed $100,000 during any thirty-day period;

(2) Against a manufacturer that knowingly makes a false certification pursuant to section 132C-4, a civil penalty of at least $75,000 and not to exceed $250,000 for each false certification;

(3) Against a dealer that knowingly sells or offers for sale cigarettes in violation of section 132C-3, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale; provided that in no case shall the penalty exceed $25,000 for sales or offers to sell during any thirty-day period; and

(4) Against any other person that violates this chapter, a civil penalty for a first offense not to exceed $1,000, and for a subsequent offense not to exceed $5,000 for each violation.

(b) Any cigarettes sold or offered for sale that do not comply with the performance standard required by section 132C-3 shall be subject to forfeiture under chapter 712A. Cigarettes forfeited pursuant to this subsection shall be destroyed.

(c) Whenever any law enforcement officer or duly authorized representative of the state fire council discovers any cigarettes that have not been marked in the manner required under section 132C-4, the officer or representative may seize and take possession of the cigarettes. The cigarettes shall be considered contraband and may be seized with or without a warrant and turned over to the attorney general. The contraband cigarettes shall be subject to forfeiture under chapter 712A. Cigarettes seized pursuant to this subsection shall be destroyed.

(d) In addition to any other remedy provided by law, the attorney general may file an action for a violation of this section, including petitioning for injunctive relief, recovery of costs or damages suffered by the State as the result of a violation of this section, including enforcement costs relating to the specific violation and attorney fees. Each violation of this chapter or of any rule adopted pursuant to this chapter shall constitute a separate civil violation for which the attorney general may obtain relief. [L 2008, c 218, pt of §1]
Haw. Rev. Stat. § 132D-5.2 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-5.2
Sending or receiving fireworks or articles pyrotechnic by air delivery; prohibited.
Status: in_force

(a) A person commits the offense of sending or receiving fireworks or articles pyrotechnic by air delivery if the person intentionally, knowingly, or recklessly sends or receives any amount of aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks via any form of air delivery, including but not limited to any private courier, commercial carrier, or mail or postal services; provided that a person possessing a current explosives license issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be prosecuted under this section if the person sends or receives the consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic via any form of air delivery in compliance with federal law.

(b) Except as provided in subsections (c) and (d), the offense of sending or receiving fireworks or articles pyrotechnic by air delivery shall be a class C felony.

(c) The offense of sending or receiving fireworks or articles pyrotechnic by air delivery shall be a class B felony if:

(1) The person has been convicted one or more times for any offense under this chapter within ten years of the current offense; or

(2) The total weight of the aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks sent or received in the commission of the offense is five pounds or more but less than twenty-five pounds.

(d) The offense of sending or receiving fireworks or articles pyrotechnic by air delivery shall be a class A felony if the total weight of the aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks sent or received in the commission of the offense is twenty-five pounds or more. [L 2025, c 243, pt of §2]
Haw. Rev. Stat. § 121-9 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-9
Adjutant general; duties.
Status: in_force

The adjutant general shall perform such duties as are prescribed by law and such other military duties consistent with the regulations and customs of the armed forces of the United States as required by the governor.

The adjutant general shall supervise all of the forces comprising the military components of the department of defense of the State. The supervisory power shall include the command, discipline, training, and recruiting of the armed forces of the State, military operations, distribution of troops, inspections, armament, military education and instruction, fiscal operations, administration, and supply.

The adjutant general is authorized to confer the powers of police officers, including the power to arrest, to employees of the department who are engaged as security guards for national guard and emergency management facilities; provided that such powers shall remain in force and effect only while the security guards are in the actual performance of their duties as security guards. [L 1967, c 196, pt of §1; HRS §121-9; am L 1969, c 249, §1; am L 1973, c 65, §1; gen ch 1985; am L 2014, c 111, §28]
Haw. Rev. Stat. § 123-6 — HI Code / Division 1 / Title 10 / Chapter 123 / Section 123-6
Vessels; instructors.
Status: in_force

The governor may apply to the navy department of the United States for the loan of a vessel or vessels for the use of the naval militia and for the detail of commissioned, warrant, or petty officers of the navy to act as inspectors or instructors.
Haw. Rev. Stat. § 134-90 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-90
Carrying or use of electric gun in the commission of a separate felony.
Status: in_force

(a) It shall be unlawful for a person to knowingly carry on the person or have within the person's immediate control or intentionally use or threaten to use an electric gun, whether operable or not, while engaged in the commission of a separate felony; provided that a person shall not be prosecuted under this subsection when the separate felony is a felony defined by this chapter.

(b) A conviction and sentence under this section shall be in addition to and not in lieu of any conviction and sentence for the separate felony; provided that the sentence imposed under this section may run concurrently or consecutively with the sentence for the separate felony.

(c) Any person violating this section shall be guilty of a class B felony. [L 2021, c 183, pt of §2]
Haw. Rev. Stat. § 134-102 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-102
[ § 134-102] Firearm industry members; standards of conduct.
Status: in_force

[ § 134-102] Firearm industry members; standards of conduct. (a) It shall be a violation of this part for a firearm industry member to fail to comply with any requirement of this part.

(b) A firearm industry member shall:

(1) Establish, implement, and enforce reasonable controls;

(2) Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide to a downstream distributor a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in the State; and

(3) Not engage in any conduct related to the sale or marketing of firearm-related products that is in violation of this chapter.

(c) For the purposes of this part, a firearm-related product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based on a firearm's inherent capacity to cause injury or lethal harm.

(d) There shall be a presumption that a firearm-related product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if any of the following is true:

(1) The firearm-related product's features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities;

(2) The firearm-related product is designed, sold, or marketed in a manner that foreseeably promotes the conversion of legal firearm-related products into illegal firearm-related products; or

(3) The firearm-related product is designed, sold, or marketed in a manner that is targeted at minors or other individuals who are legally prohibited from accessing firearms. [L 2023, c 28, pt of §1]
Haw. Rev. Stat. § 134-63 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-63
[ §134-63] Commencement of action; forms.
Status: in_force

[ §134-63] Commencement of action; forms. (a) In order to seek an ex parte gun violence protective order or a one-year gun violence protective order, the petitioner shall file a written petition for relief on forms provided by the court. The court shall designate an employee or appropriate non-judicial agency to assist the petitioner in completing the petition.

(b) The petition shall allege, under penalty of perjury, the grounds for issuance of the order and shall be accompanied by an affidavit made under oath or a statement made under penalty of perjury containing detailed allegations based on personal knowledge that the respondent poses a danger of causing bodily injury to the respondent's self or another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition, and specific facts and circumstances in support thereof, as well as the number, types, and locations of any firearms or ammunition presently believed by the petitioner to be possessed or controlled by the respondent. The petition shall also state, if known to the petitioner, whether there is an existing restraining order or protective order in effect governing the respondent and whether there is any pending lawsuit, complaint, petition, or other action between the parties under the laws of this State. The judiciary shall verify the terms of any existing order governing the parties. The court shall not delay granting relief because of the existence of a pending action between the parties or the necessity of verifying the terms of an existing order. A petition for an ex parte gun violence protective order or a one-year gun violence protective order may be granted regardless of whether there is a pending action between the parties.

(c) All health records and other health information provided in a petition or considered as evidence in a proceeding under this part shall be sealed by the court, except that the identities of the petitioner and respondent may be provided to law enforcement agencies as set forth in section 134-69. Aggregate statistical data about the numbers of ex parte gun violence protective orders and one-year gun violence protective orders issued, renewed, denied, dissolved, or terminated shall be made available to the public upon request.

(d) Upon receipt of the petition, the court shall set a date for hearing on the petition within fourteen days, regardless of whether the court issues an ex parte gun violence protective order pursuant to section 134-64. If the court issues an ex parte gun violence protective order pursuant to section 134-64, notice of the hearing shall be served on the respondent with the ex parte order. Notice of the hearing shall be personally served on the respondent by an officer of the appropriate county police department. [L 2019, c 150, pt of §2]
Haw. Rev. Stat. § 121-30 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-30
Order to active service.
Status: in_force

In case of war, insurrection, invasion, riot, or imminent danger thereof; an emergency or disaster; or danger from flood, fire, storm, earthquake, civil disturbances, or terrorist events; any forcible obstruction to the execution of the laws, or reasonable apprehension thereof; or for assistance to civil authorities in disaster relief or emergency management, the governor may order the national guard or other component of the militia or any part thereof into active service. The governor, or the governor's designated representative, may also order the national guard into active service:

(1) In nonemergency situations for duty and training in addition to the drill and instruction required by section 121-28;

(2) To provide support to other states in response to a request for assistance under the Emergency Management Assistance Compact under chapter 127F; and

(3) To detect, prevent, prepare for, investigate, respond to, or recover from any of the events for which an order to active service may be made. [L 1967, c 196, pt of §1; HRS §121-30; am L 1983, c 70, §1; am L 2014, c 111, §6; am L 2022, c 101, §2]
Haw. Rev. Stat. § 132C-7 — HI Code / Division 1 / Title 10 / Chapter 132C / Section 132C-7
Exemption.
Status: in_force

Nothing in this chapter shall be construed to prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of this chapter, if the cigarettes are or will be stamped for sale in another state or are to be sold outside the United States.
Haw. Rev. Stat. § 127A-24 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-24
Investigations and surveys.
Status: in_force

(a) The governor or mayor, as applicable, may make investigations and surveys for the purpose of ascertaining facts to be used in administering this chapter, and in making the investigations and surveys, may require the making or filing of schedules or statements, under oath or otherwise; administer oaths; take evidence under oath; subpoena witnesses; make inspections; and require the production of books, papers, and records. The circuit court of any circuit or judge thereof, may enforce by proper proceedings the making or filing of the schedules or statements; the attendance and testimony of any witness subpoenaed to appear within the circuit; or the production of books, papers, and records. The proceedings shall be in addition to, and not exclusive of, any other means or methods of enforcement.

(b) No person shall be excused from attending and testifying, or from producing books, papers, or records, before the governor or mayor or in obedience to the subpoena of the governor or mayor, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter or any rule or order thereunder, on the ground, or for the reason, that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled after having claimed the person's privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

(c) Witnesses shall be allowed their per diem fees and mileage as in cases in the circuit courts. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 134-8.5 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-8.5
[ §134-8.
Status: in_force

[ §134-8.5] Bump fire stock, multiburst trigger activator, or trigger crank; prohibition. (a) Any person in this State who manufactures or causes to be manufactured, imports into the State, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any bump fire stock, multiburst trigger activator, or trigger crank shall be guilty of a class C felony.

(b) As used in this section:

"Bump fire stock" means a butt stock designed to be attached to a semiautomatic firearm and designed, made, or altered to increase the rate of fire achievable with such firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger.

"Multiburst trigger activator" means:

(1) A device that simulates automatic gunfire by allowing standard function of a semiautomatic firearm with a static positioned trigger finger or a device that fires multiple shots with the pull and release of the trigger; or

(2) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it simulates automatic gunfire.

"Trigger crank" means any device to be attached to a semiautomatic firearm that repeatedly activates the trigger of the firearm through the use of a lever or other part that is turned in a circular motion, but does not include any firearm initially designed and manufactured to fire through the use of a crank or lever. [L 2018, c 157, §1]
Haw. Rev. Stat. § 127A-4 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-4
Hawaii advisory council on emergency management.
Status: in_force

There shall be a Hawaii advisory council on emergency management, which shall be attached to the agency for administrative purposes, and which shall consist of seven members nominated and, by and with the advice and consent of the senate, appointed by the governor. The governor shall designate the chairperson of the council. The council, at the request of the governor, shall confer with and advise the governor in regard to matters pertaining to emergency management. Members of the council shall receive no compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred in carrying out their duties relating to the council. Persons holding public office or employment in the state government, or any political subdivision thereof, are eligible for appointment to the council.
Haw. Rev. Stat. § 125-1 — HI Code / Division 1 / Title 10 / Chapter 125 / Section 125-1
"Emergency" defined.
Status: in_force

As used in this chapter, unless otherwise indicated by the context, "emergency" means any state of affairs or circumstances which imperils the availability to the public of commodities necessary to public health, safety, or welfare or which results in any substantial interruption of commerce to or within the State. [L Sp 1949, c 21, §1; RL 1955, §357-1; HRS §125-1; am L 1973, c 195, §1]
Haw. Rev. Stat. § 121-16 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-16
Examination of officers and warrant officers.
Status: in_force

Every officer and warrant officer of the army or air national guard, except those for whom federal recognition is not required shall, upon the officer's or warrant officer's appointment to an office and assignment to a unit, upon official orders, appear before an examining board and successfully pass such test as to the officer's or warrant officer's physical, moral, and professional fitness as may be prescribed by the secretary of the army or the air force.
Haw. Rev. Stat. § 132-10 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-10
Witnesses; fees.
Status: in_force

The county fire appeals board, the county fire chief, or the state fire marshal shall in all proceedings have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses as are possessed by circuit courts. In case of disobedience by any person of any order of the county fire appeals board, the county fire chief, or the state fire marshal or of any subpoena issued by any of them or of the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge, on application by the county corporation counsel, shall compel obedience as in case of disobedience of all requirements of a subpoena issued from a circuit court or a refusal to testify therein. The fees and traveling expenses of witnesses shall be the same as are allowed witnesses in the circuit courts and shall be paid by the appropriate county out of any appropriation or funds available for the expenses of the county fire chief or, in the case of a summons by the state fire marshal, shall be paid out of any appropriation or funds available for the expenses of the state fire marshal.
Haw. Rev. Stat. § 134-82 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-82
Restrictions on use, sale, offer for sale, distribution, and transfer of electric guns and cartridges.
Status: in_force

(a) It shall be unlawful for any person to knowingly or recklessly use an electric gun for any purpose except:

(1) Self-defense;

(2) Defense of another person; or

(3) Protection of property of the person or of another person.

(b) Except as provided in section 134-85, it shall be unlawful for any person to knowingly sell, offer to sell, distribute, or otherwise transfer an electric gun or cartridge without a license obtained pursuant to section 134-83. It is an affirmative defense to prosecution pursuant to this subsection that the person is more than twenty-one years of age and is an employee of a licensee acting within the scope of the person's employment.

(c) It shall be unlawful for a licensee or employee of a licensee to knowingly sell, offer to sell, distribute, or otherwise transfer an electric gun or cartridge at a place other than the licensee's designated place of business.

(d) It shall be unlawful for any person to knowingly sell, offer to sell, distribute, or otherwise transfer an electric gun or cartridge to a person less than twenty-one years of age.

(e) It shall be unlawful for any person, other than a licensee, a law enforcement agency, or the Army or Air National Guard, to knowingly or recklessly purchase, obtain, or otherwise receive an electric gun or cartridge from a person who does not have a license issued pursuant to section 134-83.

(f) Any person violating this section shall be guilty of a misdemeanor. [L 2021, c 183, pt of §2]
Haw. Rev. Stat. § 132-2 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-2
General power to make rules.
Status: in_force

Subject to chapter 91, the fire chief of each county may adopt rules which shall not be inconsistent with the provisions of any ordinance relating to the protection of persons and property against fire. Such rules may relate to:

(1) Prevention of fires, and the inspection of property, periodically or otherwise, or for the prevention of or reduction of loss by fire, or to promote the safety of persons in case of fire;

(2) Manufacture, storage, sale, and use of combustibles and explosives;

(3) Installation and maintenance of automatic, or other fire alarm systems, and fire extinguishing equipment;

(4) Fire escape and other means of exits from or access to buildings or parts of buildings or other property in case of fire including the exterior approaches to exits of places of assembly. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(2); RL 1945, §8526; am L 1949, c 364, §1; RL 1955, §184-2; am L 1965, c 96, §125; HRS §132-2; am L 1978, c 241, §2(2)]
Haw. Rev. Stat. § 128A-6 — HI Code / Division 1 / Title 10 / Chapter 128A / Section 128A-6
[ §128A-6] Hawaii state fusion center.
Status: in_force

[ §128A-6] Hawaii state fusion center. (a) There is established within the office of homeland security a state fusion center that shall be known as the Hawaii state fusion center. The administrator of homeland security, subject to the direction and control of the director, shall oversee the Hawaii state fusion center.

(b) The Hawaii state fusion center shall:

(1) Be continually staffed to monitor all crimes and hazards and be the focal point for sharing local, national, and international information and context with the national-level intelligence community;

(2) Collaborate with multi-disciplinary partners , including all levels of local, state, and federal governments and private-sector partners to receive, analyze, and disseminate threat-related information; and

(3) Coordinate with local, state, and federal agencies for homeland security response activities to include:

(A) Furnishing technical assistance to affected agencies to protect their assets, mitigate vulnerabilities, and reduce impacts of cyber incidents;

(B) Identifying other agencies that may be at risk and assessing their risk to the same or similar vulnerabilities;

(C) Assessing potential risks to the State, including potential cascading effects, and developing courses of action to mitigate these risks;

(D) Facilitating information sharing and operational coordination to respond to threats;

(E) Establishing and administering a threat assessment management program;

(F) Providing guidance as to how best to utilize federal resources and capabilities in a timely, effective manner to accelerate recovery; and

(G) Providing intelligence support and related activities and facilitating the building of situational threat awareness and sharing of related intelligence, including the integrated analysis of threat trends and events, the identification of knowledge gaps, and the ability to degrade or mitigate adversary threat capabilities. [L 2023, c 185, § 1]
Haw. Rev. Stat. § 134-7.2 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-7.2
Prohibition against seizure of firearms or ammunition during emergency or disaster; suspension of permit or license.
Status: in_force

(a) Notwithstanding any provision of chapter 127A or any other law to the contrary, no person or government entity shall seize or confiscate, under any emergency or disaster relief powers or functions conferred, or during any emergency period, as defined in section 127A-2, or during any time of national emergency or crisis, as defined in section 134-34, any firearm or ammunition from any individual who is lawfully permitted to carry or possess the firearm or ammunition under part I of this chapter and who carries, possesses, or uses the firearm or ammunition in a lawful manner and in accordance with the criminal laws of this State.

(b) Notwithstanding any provision of chapter 127A or any other law to the contrary, no person or government entity shall suspend, revoke, or limit, under any emergency or disaster relief powers or functions conferred, any lawfully acquired and maintained permit or license obtained under and in accordance with part I of this chapter.

(c) For purposes of this section, "government entity" means any unit of government in this State, including the State and any county or combination of counties, department, agency, institution, board, commission, district, council, bureau, office, governing authority, or other instrumentality of state or county government, or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county. [L 2010, c 96, §1; am L 2014, c 111, §7]
Haw. Rev. Stat. § 132D-16.7 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-16.7
Display stop order.
Status: in_force

A county fire chief is authorized to immediately revoke or suspend any permit issued under section 132D-16 for display of display fireworks, articles pyrotechnic, or aerial devices within the fire chief's county for the following reasons:

(1) Adverse climatic or atmospheric conditions;

(2) The issuance of red flag warnings; or

(3) Any other conditions determined to make the display potentially hazardous to persons or property. [L 2011, c 127, pt of §1]
Haw. Rev. Stat. § 127A-22 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-22
Determination of compensation.
Status: in_force

(a) Whenever the governor or mayor requisitions and takes over any property or the temporary use thereof, the owner, or other person entitled thereto, shall be paid as compensation for the property or use, such sum as the governor or mayor determines to be fair and just, within twenty days after it has been requisitioned and taken; provided that the compensation for temporary use may be paid in monthly or lesser installments.

(b) If any person is unwilling to accept, as full and complete compensation for the property or use thereof, the sum determined by the governor or mayor, the person shall be paid seventy-five per cent of the sum determined by the governor or mayor. The person shall also be entitled to sue the State or county for such additional sum as, when added to the sum already received by the person, the person may consider fair and just compensation for such property or use, in the manner provided by chapter 661 for actions against the State and any other applicable chapter for actions against the county. Any suit under this section shall be instituted within two years after the requisition in the case of the taking of real property in fee simple, or within one year after the requisition in all other cases, subject to sections 657-13 to 657-15, which are hereby made applicable to such a suit; except that no more than six months shall be allowed for the bringing of a suit after the appointment of a conservator of a person under disability, or the removal of the disability, or after the appointment of personal representatives. Recovery shall be confined to the fair market value of the property or its fair rental value, as the case may be, without any allowance for prospective profits, or punitive or other damages. Whenever the owner of property, or other person entitled to compensation on account of the requisitioning of property or the use thereof, is under a disability, or has died, and no conservator or personal representative has been appointed, the State, acting through the attorney general, may apply for the appointment of a conservator or for the appointment of a personal representative. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 132-9 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-9
Submission of building plans for approval.
Status: in_force

The county fire chief shall be authorized by each respective county to require plans or documentation, or both, to show compliance with the county's adopted fire code for the following:

(1) Construction, alteration, rehabilitation, or addition to any building, structure, or facility;

(2) Changes in the use of a building or structure, or a change in occupancy; and

(3) Installation or alteration of any procedures, equipment, property, or structure for any life safety or fire protection systems.

No work shall commence without the necessary permits issued by the jurisdiction having authority.

This section shall be applicable to the State and the counties, and other municipal subdivisions, and their officers, as well as to private persons. [L 1945, c 166, §1; RL 1955, §184-10; am L 1963, c 3, §1; HRS §132-10; ren and am L 1978, c 241, §2(11); gen ch 1985; am L 2013, c 179, §1]
Haw. Rev. Stat. § 122A-4 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-4
Composition; enlistment; appointment.
Status: in_force

(a) The Hawaii state defense force shall consist of persons over the age of eighteen years voluntarily enlisted or appointed therein and such members of the unorganized militia as may be enrolled therein by draft or as otherwise provided by law.

(b) The officers of the Hawaii state defense force shall be appointed by the governor.

(c) The governor shall prescribe by rules the qualifications for and terms of enlistment and appointment in the Hawaii state defense force. Persons so enlisted or appointed shall subscribe to such oath as may be prescribed by the governor. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
Haw. Rev. Stat. § 132-13 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-13
Penalty.
Status: in_force

Any owner, occupant, or other person having control over or charge of any building, structure, or other premises who violates any provision of this chapter or any law, ordinance, or rule relating to protection from fire loss or who fails or refuses to comply with any order of the county fire chief or any order of the state fire marshal shall be fined no more than $2,500 or imprisoned no more than thirty days, or both. Each day that a violation exists or continues to exist shall constitute a distinct and separate offense for which the violator may be punished. Penalties for continuing violations shall be assessed from the earliest known date of the violation. In addition to the penalty imposed under this section, counties may assess and collect civil penalties based on the penalty structure set forth by the state fire marshal pursuant to section 132-46.
Haw. Rev. Stat. § 128D-5 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-5
Recovery of costs.
Status: in_force

(a) Except for costs incurred in responding to a release or threatened release of any pollutant or contaminant and except for costs incurred in accordance with section 128D-4(c)(4), and (5), and except for costs incurred in accordance with section 128D-4(c)(3) for natural resources damage occurring wholly prior to July 1990, any costs incurred and payable from the fund shall be recovered by the attorney general, upon the request of the department, from the liable person or persons. The amount of any costs which may be recovered pursuant to this section for a remedial or removal action paid from the fund shall include the amount paid from the fund and legal interest.

(b) Moneys recovered by the attorney general pursuant to this section shall be deposited into the account of the fund.

(c) Any action for recovery of response costs referred to in section 128D-6(a)(4)(A) and (C) must be commenced within six years after the date of completion of all response actions.

(d) Any action for recovery of natural resource damages referred to in section 128D-6(a)(4)(B) must be commenced within three years after the later of the following: (1) the date of the discovery of the loss and its connection with the release in question; or (2) the date on which the final regulations are promulgated under section 301(c) of CERCLA. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c 280, §6]
Haw. Rev. Stat. § 132-11 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-11
[OLD] REPEALED.
Status: in_force

L 1978, c 241, §2(12).

§132-11 Recorded order of county fire chiefs and state fire marshal as evidence. A duplicate original of every order made by each county fire chief shall be filed in the fire chief's office, and a duplicate original of every order made by the state fire marshal shall be filed in the office of the state fire marshal. A duplicate original shall be admissible as evidence in any prosecution for the violation of any of its provisions. Unless an appeal has been instituted and is pending, the provisions of any order shall be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety from fire loss. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(18); RL 1945, §8436; RL 1955, §184-13; HRS §132-13; ren and am L 1978, c 241, §2(14); gen ch 1985; am L 2025, c 302, §12]
Haw. Rev. Stat. § 128E-12 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-12
Enforcement.
Status: in_force

If the commission determines that any person has violated or is violating this chapter, or any rule adopted pursuant to this chapter, the commission:

(1) Shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the alleged violation and may contain an order specifying a reasonable time during which the facility shall submit the required reports, forms, and notifications;

(2) May require the alleged violator or violators to appear before the commission for a hearing at a time and place specified in the notice or to be set later, and to answer the charges complained of; and

(3) May impose penalties as provided in section 128E-11 by sending a written notice describing the violation, either by certified mail or personal service, to the alleged violator or violators. [L 1993, c 300, pt of §1]
Haw. Rev. Stat. § 132D-13 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-13
Liability of parents or guardians.
Status: in_force

(a) Except as provided in subsection (b), it shall be unlawful for a parent, guardian, or other person having the custody or control of any minor to knowingly permit the minor to:

(1) Possess or purchase any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks; or

(2) Set off, ignite, discharge, or otherwise cause to explode any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks.

(b) The parent or guardian may allow the minor to use consumer fireworks while under the immediate supervision and control of the parent or guardian, or under the immediate supervision and control of another adult.

(c) Separate and apart from any civil liability that may result from this or any related incident, and except as provided in subsections (d) and (e), the violation of subsection (a) shall be a misdemeanor.

(d) If any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks set off, ignited, discharged, or otherwise caused to explode in violation of subsection (a)(2) cause substantial bodily injury to another person, the violation of subsection (a) shall be a class C felony.

(e) If any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks set off, ignited, discharged, or otherwise caused to explode in violation of subsection (a)(2) cause serious bodily injury or death to another person, the violation of subsection (a) shall be a class B felony.

(f) The state of mind requirement for subsections (d) and (e) shall not be applicable to whether the person was aware that the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused or would cause the injury or death. A person shall be strictly liable with respect to the result that the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused the injury or death. [L 1994, c 180, pt of §1; am L 2006, c 183, §15; am L 2025, c 243, §11]
Haw. Rev. Stat. § 127A-21 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-21
Notice of requisition.
Status: in_force

(a) The governor or mayor may requisition and take over any materials, facilities, or real property or improvements, required for the purposes of this chapter, or requisition and take over the temporary use thereof. The requisition shall be made by serving notice upon any person found in occupation of the premises or having the property in the person's custody, possession, or control; provided that a like notice shall also be served upon any person who has filed with the governor or mayor, or with such person as the governor or mayor may designate for the purpose, a request for notice with respect to the property; provided further that whenever all persons entitled to compensation for the property have not been served in the manner aforesaid, the governor or mayor shall publish a notice of the requisition at the earliest practicable date.

(b) A requisition shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency in the State or local state of emergency, respectively, or by a separate proclamation of the governor or mayor, whichever occurs first. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 127A-1 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-1
Policy and purpose.
Status: in_force

(a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from natural or human-caused hazards, and in order to ensure that the preparations of this State will be adequate to deal with such disasters or emergencies; to ensure the administration of state and federal programs providing disaster relief to individuals; and generally to protect the public health, safety, and welfare, and to preserve the lives, property, and environment of the State, it is hereby found and declared to be necessary:

(1) To provide for emergency management by the State, and to authorize the creation of local organizations for emergency management in the counties of the State;

(2) To confer upon the governor and upon the mayors of the counties of the State the emergency powers necessary to prepare for and respond to emergencies or disasters;

(3) To provide for the rendering of mutual aid among the counties of the State and with other states and in cooperation with the federal government with respect to the carrying out of emergency management functions;

(4) To permit out-of-state utilities to provide services in the State pursuant to a mutual assistance agreement with a state utility to repair, renovate, or install electrical or natural gas facilities that have been damaged, impaired, or destroyed due to or in connection with such disasters or emergencies; and

(5) To provide programs, in cooperation with other governmental agencies, the private sector, and nonprofit organizations, to educate and train the public to be prepared for emergencies and disasters.

(b) It is further declared to be the purpose of this chapter and the policy of the State that all emergency management functions of this State and its counties be coordinated to the maximum extent with the comparable functions of the federal government, including its various departments, and agencies of other states and localities, and with private-sector and nonprofit organizations, to the end that the most effective preparation and use may be made of the nation's personnel, resources, and facilities for dealing with any emergency or disaster that may occur.

(c) It is the intent of the legislature to provide for and confer comprehensive powers for the purposes stated herein. This chapter shall be liberally construed to effectuate its purposes; provided that this chapter shall not be construed as conferring any power or permitting any action that is inconsistent with the Constitution and laws of the United States or the Hawaii State Constitution, but, in so construing this chapter, due consideration shall be given to the circumstances as they exist from time to time. This chapter shall not be deemed to have been amended by any act hereafter enacted at the same or any other session of the legislature, unless this chapter is amended by express reference. [L 2014, c 111, pt of §2; am L 2019, c 214, §2; am L 2022, c 99, §1; am L 2024, c 206, §1]
Haw. Rev. Stat. § 128E-6 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-6
Reporting requirements.
Status: in_force

(a) The owner or operator of a facility in the State that stores, uses, or manufactures any hazardous substance shall comply with the following requirements:

(1) Each owner or operator of a facility in the State shall comply with the emergency planning and notification requirements of sections 302 and 303 of the Emergency Planning and Community Right-to-Know Act of 1986, 42 United States Code sections 11002 and 11003, if an extremely hazardous substance is present at the facility in an amount in excess of the threshold planning quantity established for the substance;

(2) Each owner or operator of a facility in this State that is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970, as amended, 15 United States Code section 651 et seq., and regulations promulgated under that Act, for:

(A) All hazardous substances, except for extremely hazardous substances, present at the facility in amounts not less than ten thousand pounds; and

(B) All extremely hazardous substances present at the facility in amounts not less than five hundred pounds, or the threshold planning quantity for that substance, whichever is less,

shall comply with the following reporting requirements:

(i) Complete a chemical list by March 1 of each year and submit material safety data sheets not more than thirty days after a request;

(ii) Complete the state chemical inventory form by March 1 of each year; provided that a Tier II list shall be used until a state form is available;

(iii) Submit facility diagrams and location area maps by March 1 of each year, and update the maps annually as needed; and

(iv) Submit emergency response plans required under state or federal law.

The documents required in clauses (i) through (iv) shall be submitted by March 1 of each year to the commission, the respective committee, and the respective fire department;

(3) Each owner or operator of a facility in this State that is subject to section 313 of the Emergency Planning and Community Right-to-Know Act of 1986, 42 United States Code section 11023, shall comply with the toxic chemical release form requirements of section 323 of the Emergency Planning and Community Right-to-Know Act of 1986 by July 1 of each year; and

(4) Each owner or operator of a facility in this State covered under section 304 of the Emergency Planning and Community Right-to-Know Act of 1986, 42 United States Code section 11004, shall comply with the notification requirements of section 304 of the Emergency Planning and Community Right-to-Know Act of 1986, and section 128E-7, if a release of an extremely hazardous substance occurs from the facility.

(b) The commission shall adopt rules in accordance with chapter 91 establishing the specific information required on the state chemical inventory form. The chemical inventory form shall facilitate ease in complying with the requirements of [this chapter] by consolidating the necessary information into one form. The chemical inventory form may include, but is not limited to:

(1) The chemical name;

(2) Quantity stored on the site;

(3) Hazardous components;

(4) Health and physical hazards; and

(5) Storage information. [L 1993, c 300, pt of §1; am L 2008, c 87, §2]
Haw. Rev. Stat. § 121-45 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-45
Tuition assistance for Hawaii national guard personnel to attend the University of Hawaii.
Status: in_force

(a) The adjutant general, subject to the availability of funds, may award tuition assistance to qualified enlisted persons, warrant officers, and company grade officers (0-1 through 0-3) in the Hawaii national guard who are:

(1) Residents of the State, as defined by the board of regents pursuant to section [304A-402]; and

(2) Undergraduate students working toward a degree on any campus of the University of Hawaii.

(b) The adjutant general shall adopt rules in accordance with this chapter to carry out the purposes of this section. The rules shall include:

(1) Descriptions of the minimum military and academic qualification of personnel who may be awarded full or partial tuition assistance under this section;

(2) Listings of acceptable fields of study, degrees, and periods of eligibility for personnel who may be awarded tuition assistance under this section;

(3) Procedures for demonstrating the ongoing, satisfactory military and academic performance of personnel who have accepted tuition assistance under this section;

(4) Explanations of any reenlistment obligations for personnel who have accepted tuition assistance under this section;

(5) Procedures for administratively transferring moneys for tuition assistance awarded under this section from the department of defense to the University of Hawaii; and

(6) Procedures for enforcing this subsection.

(c) Chapters 42F, 103D, and 103F shall not apply to this section. [L 1996, c 291, §2; am L 1997, c 190, §6; am L 2006, c 75, §7]
Haw. Rev. Stat. § 132D-9 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-9
Application for permit.
Status: in_force

(a) The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and shall be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and that contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. The permit for the purchase of consumer fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3. The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard.

(b) Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site.

(c) A permittee under this chapter shall be deemed to have consented to allow the director or the director's designee to inspect the premises of the permittee, except the permittee's private residence. If a permittee withdraws consent to inspect the premises of the permittee, the permit shall be revoked. [L 1994, c 180, pt of §1; am L 2000, c 233, §9; am L 2006, c 54, §2 and c 183, §11; am L 2024, c 208, §6]
Haw. Rev. Stat. § 134-10.5 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-10.5
Secure storage of firearms.
Status: in_force

(a) No person shall store or leave any firearm on any premises under the person's control unless the person:

(1) Secures the firearm in a locked box or other container, such as a gun safe, or by using a properly engaged tamper-resistant mechanical lock or other tamper-resistant safety device that renders the firearm inoperable by any person other than the owner or lawfully authorized user;

(2) Stores the firearm in a location that a reasonable person would believe to be secure; or

(3) Carries the firearm on the person or within such close proximity to the person that the person can readily retrieve and use the firearm as if it were carried on the person.

(b) Any person who violates this section shall be guilty of a violation and fined no more than $500; provided that a person who commits the offense of criminally negligent storage of a firearm under section 707-714.5 shall be guilty of a misdemeanor.

(c) Any person who violates this section shall be strictly liable for damages incurred if the firearm obtained as a result of the violation is used to injure a person or property within two years of the violation; provided that this subsection shall not apply if:

(1) The injury results from a lawful act of self-defense or defense of another person; or

(2) The unsecured firearm was obtained by a person as a result of a person entering or remaining on the premises unlawfully.

(d) This section shall not apply to a person in an exempt category identified in section 134-11(a).

(e) For purposes of this section, "premises" does not include a vehicle. [L 1992, c 288, §1; am L 2021, c 148, §2; am L 2025, c 22, §3]
Haw. Rev. Stat. § 127A-7 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-7
State warning point.
Status: in_force

(a) The agency shall establish and operate a communications and warning center that shall be known as the state warning point. The state warning point shall be continually staffed by the agency to monitor warning systems and devices and shall have the ability to provide timely warning and notification to government officials, county warning points and emergency operations centers and, when directed, the general public.

(b) Each county shall establish and operate a communications and warning center that shall be known as a county warning point. The county warning points shall be continually staffed by the respective counties and shall be capable of communicating with the state warning point at all times. The county warning points shall provide timely warning and notification to government officials and the public, when directed. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 132D-5 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-5
General fireworks or articles pyrotechnic prohibitions in the first degree.
Status: in_force

(a) It shall be unlawful for any person to:

(1) Throw, catapult, or otherwise manually propel any ignited aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks:

(A) From, at, or into a vehicle;

(B) At a person or an animal; or

(C) From above the first floor of any building; or

(2) Set off, ignite, discharge, or otherwise cause to explode any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks:

(A) From above the first floor of any building;

(B) In any vehicle; or

(C) In any building; provided that firecrackers shall be permitted if used in accordance with sections 132D-3 and 132D-10 and all other applicable state and county laws, ordinances, and rules.

(b) Except as provided in subsections (c) and (d), the offense of general fireworks or articles pyrotechnic prohibitions in the first degree shall be a class C felony.

(c) If in the commission of the offense of general fireworks or articles pyrotechnic prohibitions in the first degree the person negligently causes substantial bodily injury to another person, the person shall be guilty of a class B felony.

(d) If in the commission of the offense of general fireworks or articles pyrotechnic prohibitions in the first degree the person negligently causes serious bodily injury or death to another person, the person shall be guilty of a class A felony. [L 1994, c 180, pt of §1; am L 2006, c 183, §6; am L 2008, c 38, §2; am L 2025, c 243, §4]
Haw. Rev. Stat. § 134-24 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-24
Place to keep unloaded firearms other than pistols and revolvers; penalty.
Status: in_force

(a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

(1) A place of repair;

(2) A target range;

(3) A licensed dealer's place of business;

(4) An organized, scheduled firearms show or exhibit;

(5) A place of formal hunter or firearm use training or instruction; or

(6) A police station.

"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

(b) Any person violating this section by carrying or possessing an unloaded firearm other than a pistol or revolver shall be guilty of a class C felony. [L 2006, c 66, pt of §1]
Haw. Rev. Stat. § 127A-16.5 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-16.5
[ §127A-16.
Status: in_force

[ §127A-16.5] Resilient Hawaii revolving loan fund. (a) There is established in the state treasury the resilient Hawaii revolving loan fund, into which shall be deposited:

(1) Funds from federal or private funding sources;

(2) Moneys appropriated by the legislature to the fund;

(3) Investment and interest earnings of the fund;

(4) Moneys received as repayment of loans, including interest and payments received on account of principal; and

(5) All other moneys received by the fund from any other source.

(b) Moneys in the resilient Hawaii revolving loan fund shall be used to provide low- or no-interest loans to the counties and nonprofit organizations for local resilience projects that address mitigation of all hazards, including natural disasters. Moneys in the resilient Hawaii revolving loan fund may be used for administrative support associated with the revolving loan fund, including the hiring of necessary staff.

(c) Loans from the resilient Hawaii revolving loan fund shall be for a fixed loan period and may be used to satisfy the nonfederal match for federal mitigation grants.

(d) The resilient Hawaii revolving loan fund shall be administered by the administrator. The administrator shall apply to the Federal Emergency Management Agency under the provisions of the Safeguarding Tomorrow through Ongoing Risk Mitigation Act, Public Law 116-284, when funding is available, to capitalize the fund. Appropriations or authorizations from the fund shall be expended by the agency. The agency shall prioritize making loans to projects it determines to have the greatest impact on eliminating hazards.

(e) The resilient Hawaii revolving loan fund shall be administered, operated, and maintained to remain available in perpetuity to provide loans and other financial assistance pursuant to this section and the federal Safeguarding Tomorrow through Ongoing Risk Mitigation Act. All moneys deposited or paid into the fund and any interest earned on the balance of the fund shall be continuously available to the administrator for expenditures consistent with this section and shall not lapse to the general fund.

(f) The director of finance shall hold and invest moneys in the resilient Hawaii revolving loan fund in investments as permitted by law.

(g) Moneys expended from the resilient Hawaii revolving loan fund shall be supplemental to and shall not take the place of funding that otherwise would be appropriated to the counties for resilience projects.

(h) The agency shall establish application procedures and eligibility criteria for loans from the resilient Hawaii revolving loan fund. The eligibility criteria shall require that a county or nonprofit organization demonstrate:

(1) The need for a loan to address hazard mitigation; and

(2) The ability to repay the loan, if required, at a later date. [L 2022, c 284, §2]
Haw. Rev. Stat. § 121-23 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-23
Oath required.
Status: in_force

Every person appointed or commissioned as an officer or who enlists or reenlists shall sign and take an oath of allegiance to the State and the United States, in a form as may be prescribed by the regulations issued by the commander in chief. A person making a false oath as to any statement contained in any enlistment paper or oath shall be guilty of perjury and upon conviction thereof shall be sentenced as provided by law.
Haw. Rev. Stat. § 122A-1 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-1
Short title.
Status: in_force

This chapter shall be known and may be cited as the Hawaii State Defense Force Act.
Haw. Rev. Stat. § 132-36 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-36
Powers and duties relating to wildfire readiness.
Status: in_force

The office shall increase the State's wildfire readiness capacity to the extent that the office of the governor receives funding for the increase, by means including:

(1) Increasing the number of fire prevention personnel and fire administrative support personnel to address planning, communications, training, deployment, and safety;

(2) Implementing innovative technologies and modernizing systems to expedite fire resource deployment in an efficient and safe manner;

(3) Entering into contracts or agreements with federal or state agencies, counties, other states, corporations, and authorities, having jurisdiction for fire prevention, suppression, coordination, and response; and

(4) Coordinating with the Hawaii emergency management agency. [L 2025, c 302, pt of §3]
Haw. Rev. Stat. § 132C-2 — HI Code / Division 1 / Title 10 / Chapter 132C / Section 132C-2
Definitions.
Status: in_force

For the purposes of this chapter, unless the context otherwise requires:

"Cigarette" means:

(1) Any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and whether or not the tobacco or substance is flavored, adulterated, or mixed with any other ingredient, with a wrapper or cover that is made of paper or any other substance or material, other than tobacco; or

(2) Any roll for smoking wrapped in any substance containing tobacco, which, due to its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in paragraph (1).

"Dealer" means the same as defined in section 245-1.

"Manufacturer" means:

(1) Any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere, and intends to sell these cigarettes:

(A) In this State; or

(B) Anywhere in the United States through an importer;

(2) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or

(3) Any entity that becomes a successor of an entity described in paragraph (1) or (2).

"Quality control and quality assurance program" means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and to ensure that the testing repeatability remains within the required repeatability value for any test trial used to certify cigarettes under this chapter.

"Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five per cent of the time.

"Sale" or "selling" means any transfer of title or possession, exchange, or barter, conditional or otherwise, and includes the giving of cigarettes as samples, prizes, or gifts, and the exchange of cigarettes for any consideration.

"Wholesaler" means the same as defined in section 245-1. [L 2008, c 218, pt of §1]
Haw. Rev. Stat. § 121-29 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-29
Active service.
Status: in_force

Active service is active duty, any other duty, or service done under or in pursuance of an order or call of the President of the United States or an order of the governor. Any officer or body of troops while on active service may be relieved from duty by order of the proper authority.
Haw. Rev. Stat. § 123-5 — HI Code / Division 1 / Title 10 / Chapter 123 / Section 123-5
Enlisted personnel; term of service.
Status: in_force

The term of service for enlisted personnel shall be three years for the first enlistment and two years thereafter. The requirements for enlistment and discharge shall be as prescribed by the secretary of the navy.
Haw. Rev. Stat. § 132-32 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-32
Office of the state fire marshal; established.
Status: in_force

(a) The office of the state fire marshal shall be established within the department of law enforcement for administrative purposes. The office shall be headed by the state fire marshal.

(b) The state fire marshal may organize and reorganize the administrative structure of the office as the state fire marshal considers appropriate to properly conduct the work of the office.

(c) The state fire marshal may divide the functions of the office into administrative divisions. The state fire marshal may appoint an individual to administer each division. Each individual appointed under this subsection shall be well-qualified by technical training and experience in the functions to be performed by the individual. [L 2025, c 302, pt of §3]
Haw. Rev. Stat. § 121-24 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-24
Oaths and affirmations; false swearing; perjury.
Status: in_force

(a) All commissioned officers of the army or air national guard shall have the power to administer oaths and affirmations in all matters pertaining to or concerning military service or property, but in no case shall they charge any fee therefor. Any person who falsely swears or affirms to any oath or affirmation so administered may be tried before any circuit court, and, upon conviction, shall be deemed guilty of perjury and sentenced for such offense as prescribed by law.

(b) For purposes of initial entry into the Hawaii national guard, any commissioned officer of the active or reserve components of any of the armed forces of the United States shall have the power to administer appropriate oaths and affirmations. [L 1967, c 196, pt of §1; HRS §121-24; am L 1988, c 52, §1]
Haw. Rev. Stat. § 134-22 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-22
Possession of a firearm with intent to facilitate the commission of a felony drug offense; penalty.
Status: in_force

(a) It shall be unlawful for a person to knowingly possess a firearm with the intent to facilitate the commission of a felony offense involving the distribution of a controlled substance, whether the firearm was loaded or not, and whether operable or not.

(b) For the purposes of this section:

"Controlled substance" shall have the same meaning as defined in section 329-1.

"Distribution" means the selling, transferring, prescribing, giving or delivering to another, or the leaving, bartering, or exchanging with another, or the offering or agreeing to do the same.

(c) A conviction and sentence under this section shall be in addition to and not in lieu of any conviction and sentence for the separate felony; provided that the sentence imposed under this section may run concurrently or consecutively with the sentence for the separate felony.

(d) Any person violating this section shall be guilty of a class A felony. [L 2006, c 66, pt of §1]
Haw. Rev. Stat. § 134-27 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-27
Place to keep ammunition; penalty.
Status: in_force

(a) Except as provided in sections 134-5 and 134-9, all ammunition shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry ammunition in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

(1) A place of repair;

(2) A target range;

(3) A licensed dealer's place of business;

(4) An organized, scheduled firearms show or exhibit;

(5) A place of formal hunter or firearm use training or instruction; or

(6) A police station.

"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the ammunition.

(b) Any person violating this section shall be guilty of a misdemeanor. [L 2006, c 66, pt of §1]
Haw. Rev. Stat. § 122A-15 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-15
Immunities.
Status: in_force

(a) No member of the Hawaii state defense force, while in the active service of the State or while going to or returning from the place where the member is required to be while performing that service, shall be arrested on any warrant except for treason or felony, or required to serve upon any jury or posse comitatus.

(b) No member of the Hawaii state defense force shall be civilly liable for any act or omission occurring while in the active service of the State if that act or omission shall have been in the line of duty and in compliance with lawful military orders. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
Haw. Rev. Stat. § 121-34.5 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-34.5
Use of electric guns.
Status: in_force

Members of the Army or Air National Guard who have been qualified by training and are authorized by their commanders may use electric guns, as specifically provided in section 134-87, when assisting civil authorities in disaster relief, emergency management, or law enforcement functions; provided that "training" for the purposes of this section means a course of instruction or training in the use of any electric gun authorized pursuant to this section, that is provided or authorized by the manufacturer or is manufacturer-approved or is an electric gun training program approved by the Army or Air National Guard, before deployment or issuance of electric guns and related equipment.
Haw. Rev. Stat. § 134-67 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-67
[ §134-67] Relinquishment of firearms and ammunition.
Status: in_force

[ §134-67] Relinquishment of firearms and ammunition. (a) Upon issuance of an ex parte gun violence protective order, a one-year gun violence protective order, or a domestic abuse protective order, the court shall order the respondent to voluntarily surrender or dispose of all firearms and ammunition that the respondent owns or possesses, or has in the respondent's custody or control, in accordance with section 134-7.3(b).

(b) At the time of serving notice of a petition, an ex parte gun violence protective order, a one-year gun violence protective order, or a domestic abuse protective order, a police officer shall take custody of any and all firearms and ammunition in accordance with the procedure described in section 134-7(f). Alternatively, if personal service by a police officer is not possible, the respondent shall surrender the firearms and ammunition in a safe manner to the control of the chief of police where the respondent resides within forty-eight hours of being served with the order.

(c) At the time of surrender or removal, a police officer taking possession of a firearm or ammunition pursuant to an ex parte gun violence protective order, a one-year gun violence protective order, or domestic abuse protective order shall issue a receipt identifying all firearms and ammunition that have been surrendered or removed and provide a copy of the receipt to the respondent. Within seventy-two hours after being served with the order, the officer serving the order shall file the original receipt with the court that issued the ex parte gun violence protective order or one-year gun violence protective order, and shall ensure that the appropriate county police department retains a copy of the receipt.

(d) A court that has probable cause to believe a respondent to a protective order owns, possesses, or has in the respondent's custody or control any firearms or ammunition that the respondent has failed to surrender pursuant to this section, or has received or purchased a firearm or ammunition while subject to the order, shall issue a warrant describing the firearm or ammunition and authorizing a search of any location where the firearm or ammunition is reasonably believed to be and the seizure of any firearm or ammunition discovered pursuant to the search.

(e) The appropriate county police department may charge the respondent a fee not to exceed the reasonable and actual costs incurred by the department for storing a firearm or ammunition surrendered or removed pursuant to this section for the duration of the ex parte gun violence protective order, one-year gun violence protective order, or domestic abuse protective order and any additional periods necessary under section 134-68. [L 2019, c 150, pt of §2]
Haw. Rev. Stat. § 132C-1 — HI Code / Division 1 / Title 10 / Chapter 132C / Section 132C-1
Purpose.
Status: in_force

It is the intent of this chapter to require that only reduced ignition propensity cigarettes be sold in the State. Although these cigarettes are not guaranteed to self-extinguish, they are expected to reduce accidental fires and related personal injury and property damage caused by cigarette smoking.
Haw. Rev. Stat. § 128B-1 — HI Code / Division 1 / Title 10 / Chapter 128B / Section 128B-1
Cybersecurity, economic, education, and infrastructure security coordinator; powers and duties.
Status: in_force

(a) There is established the full-time Hawaii cybersecurity, economic, education, and infrastructure security coordinator to oversee cybersecurity and cyber resiliency matters, including cybersecurity, economic, education, and infrastructure security for the State. The coordinator shall be placed within the department of law enforcement.

(b) The coordinator shall be selected by the director of law enforcement based on the recommendations of the various agencies, departments, and private entities that will partner with the coordinator.

(c) The coordinator shall partner with representatives from the following entities:

(1) The Hawaii state fusion center;

(2) The Hawaii state cyber resiliency center;

(3) Federal government agencies;

(4) State government agencies;

(5) The counties of the State;

(6) Institutions of higher education; and

(7) Other entities within the power, water, communications, transportation, and finance sectors, including public utilities, private telecommunications companies, airlines, financial institutions, and private information technology companies.

(d) Notwithstanding any law to the contrary, the coordinator, through its various partnerships, shall develop the requirements and methods for:

(1) Improving cyber resiliency within the State through the development of a structure that shall include education, cybersecurity, and critical infrastructure protection;

(2) Improving the State's critical infrastructure network and resiliency, including identifying interdependencies of critical infrastructures, points of connection between critical infrastructures, the most critical nodes, and the cascading effects of a cyber-attack on these points of connection between critical infrastructure;

(3) Improving the State's cybersecurity by using existing resources within the State;

(4) Examining specific requirements and actions to accelerate the growth of the cybersecurity industry in the State;

(5) Defining the requirements and opportunities to secure state, federal, and private moneys for cybersecurity activities and related educational programs;

(6) Forming partnerships to implement cyber resiliency structures and protocol to identify and share information about possible cyber-attacks and mitigate damage and recover quickly and efficiently from cyber-attacks; and

(7) Expanding the State's cybersecurity and cyber resiliency understanding and workforce through education.

(e) The coordinator may request the assistance of other departments, agencies, and private companies, both inside and outside of the State to carry out its duties.

(f) For the purposes of this section:

"Coordinator" shall mean the Hawaii cybersecurity, economic, education, and infrastructure security coordinator.

"Cyber resiliency" shall mean the ability to complete vulnerability assessments, identify potential cyber-attacks, mitigate losses from cyber-attacks, and recover quickly and efficiently from cyber-attacks. [L 2014, c 129, §2; am L 2020, c 70, §3; am L 2022, c 278, §40]
Haw. Rev. Stat. § 128D-13 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-13
Reporting requirements.
Status: in_force

The department shall submit to the legislature an annual report, including a comprehensive budget to implement remedial action plans requiring funding by the environmental response revolving fund. This report shall identify those sites eligible for remedial action under CERCLA, including a statement as to any appropriation that may be necessary to pay the State's share of the plan.
Haw. Rev. Stat. § 138-2 — HI Code / Division 1 / Title 10 / Chapter 138 / Section 138-2
911 board.
Status: in_force

(a) There shall be created within the department of accounting and general services, for administrative purposes, a 911 board consisting of thirteen voting members; provided that the membership shall consist of:

(1) The chief information officer or the chief information officer's designee;

(2) Three representatives from wireless communications service providers, who shall be appointed by the governor as provided in section 26-34;

(3) One representative each from the public safety answering points for Oahu, Hawaii, Kauai, Maui, and Molokai and one representative, chosen by the mayor of the city and county of Honolulu, who shall be appointed by the governor as provided in section 26-34;

(4) The consumer advocate or the consumer advocate's designee;

(5) One representative from a communications service company that offers Interconnected Voice over Internet Protocol services, who shall be appointed by the governor as provided in section 26-34; and

(6) One representative of the public utility providing telecommunications services and land line 911 services through section 269-16.95.

(b) A simple majority shall constitute a quorum, whose affirmative vote shall be necessary for all actions by the board.

(c) The chairperson of the board shall be elected by the members of the board by simple majority and shall serve a term of one year.

(d) The board shall meet upon the call of the chairperson, but not less than quarterly.

(e) The members representing wireless providers, the public utility providing telecommunications services and land line 911 services through section 269-16.95, and Interconnected Voice over Internet Protocol service providers shall be appointed by the governor for terms of two years.

(f) Each member shall hold office until the member's successor is appointed and qualified. Section 26-34 shall apply only insofar as it relates to succession, vacancies, and suspension of board members, and as provided in subsection (a).

(g) The board may adopt rules under chapter 91 as necessary to carry out the purposes of this chapter.

(h) The members shall serve without compensation. Members shall be entitled to reimbursements from the 911 fund for reasonable traveling expenses incurred in connection with the performance of board duties.

(i) The board, or its chairperson with the approval of the board, may employ an executive director and other staff exempt from chapters 76 and 89, and may retain independent, third-party accounting firms, consultants, or other third parties to:

(1) Create reports, make payments into the fund, process checks, and make distributions from the fund, as directed by the board and as allowed by this chapter; and

(2) Perform administrative duties necessary to administer the fund or oversee operations of the board, including providing technical advisory support; provided that no employee, third-party accounting firm, consultant, or other third party hired to perform these administrative duties may be retained if the employee, accounting firm, consultant, or other third party, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any entity subject to the provisions of this chapter.

(j) The board shall develop reasonable procedures to ensure that all members receive adequate notice of board meetings and information concerning board decisions. [L 2004, c 159, pt of §2; am L 2005, c 49, §1; am L 2008, c 22, §2; am L 2011, c 168, pt of §1; am L 2013, c 22, §1; am L 2015, c 178, §2; am L 2024, c 66, §5]
Haw. Rev. Stat. § 132C-9 — HI Code / Division 1 / Title 10 / Chapter 132C / Section 132C-9
[ §132C-9] Reduced ignition propensity cigarette program special fund.
Status: in_force

[ §132C-9] Reduced ignition propensity cigarette program special fund. (a) There is established in the state treasury a reduced ignition propensity cigarette program special fund, into which shall be deposited all moneys collected by the state fire council from the reduced ignition propensity cigarette program pursuant to section 132C-4. All interest earned or accrued on moneys deposited in the fund shall become part of the fund.

(b) Moneys in the reduced ignition propensity cigarette program special fund shall be administered and expended by the state fire council to defray the actual cost of activities and requirements of section 132C-4, including employing one full-time administrator and one full-time assistant whose duties include:

(1) Adopting administrative rules for program implementation, establishing compliance inspections, and approving forms and enforcement procedures and guidelines;

(2) Receiving certifications for approximately six hundred different brands and styles of cigarettes from the manufacturers;

(3) Compiling a list of the cigarette brands and styles for which manufacturers have submitted certifications, verifying tax stamp compliance with the department of the attorney general, and posting the list of certified brands and styles on a state website for informational purposes only;

(4) Reviewing and approving, as needed, any alternative test methods or fire standard compliance markings submitted by the manufacturer; and

(5) If needed, submitting certified cigarettes to an accredited laboratory for testing to verify that performance standards have been met. [L 2011, c 189, §2]
Haw. Rev. Stat. § 138-6 — HI Code / Division 1 / Title 10 / Chapter 138 / Section 138-6
Report to the legislature.
Status: in_force

The board shall submit an annual report to the legislature, including:

(1) The total aggregate surcharge collected by the State in the last fiscal year;

(2) The amount of disbursement from the fund;

(3) The recipient of each disbursement and a description of the project for which the money was disbursed;

(4) The conditions, if any, placed by the board on disbursements from the fund;

(5) The planned expenditures from the fund in the next fiscal year;

(6) The amount of any unexpended funds carried forward for the next fiscal year;

(7) A cost study to guide the legislature towards necessary adjustments to the fund and the monthly surcharge; and

(8) A status report of jurisdictional capabilities for 911 services, including public safety answering points and communications service providers. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1; am L 2024, c 66, §11]