Haw. Rev. Stat. § 26-56 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-56
Commission on salaries.
Status: in_force

(a) Pursuant to article XVI, section 3.5, of the Constitution of the State of Hawaii, there is established a commission on salaries within the department of human resources development, for administrative purposes only.

The commission shall consist of seven members of whom:

(1) Two members shall be appointed by the governor;

(2) Two members shall be appointed by the president of the senate;

(3) Two members shall be appointed by the speaker of the house of representatives; and

(4) One member shall be appointed by the chief justice of the supreme court.

Vacancies in these positions shall be filled in the same manner. The members of the commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(b) The commission shall review and recommend an appropriate salary for the governor, lieutenant governor, members of the legislature, justices and judges of all state courts, administrative director of the State or an equivalent position, and department heads or executive officers and the deputies or assistants to the department heads of the departments of:

(1) Accounting and general services;

(2) Agriculture and biosecurity;

(3) The attorney general;

(4) Budget and finance;

(5) Business, economic development, and tourism;

(6) Commerce and consumer affairs;

(7) Corrections and rehabilitation;

(8) Defense;

(9) Hawaiian home lands;

(10) Health;

(11) Human resources development;

(12) Human services;

(13) Labor and industrial relations;

(14) Land and natural resources;

(15) Law enforcement;

(16) Taxation; and

(17) Transportation.

The commission shall not review the salary of any position in the department of education or the University of Hawaii.

The commission may recommend different salaries for department heads and executive officers and different salary ranges for deputies or assistants to department heads; provided that the commission shall recommend the same salary range for deputies or assistants to department heads within the same department; provided further that the appointing official shall specify the salary for a particular position within the applicable range.

The commission shall not recommend salaries lower than salary amounts recommended by prior commissions replaced by this section.

(c) The commission may seek assistance from the department of human resources development and any other agency in conducting its review, and all agencies shall fully cooperate with the commission and provide any necessary information to the commission upon request.

(d) The commission shall convene in the month of November 2006, and every six years thereafter. Not later than the fortieth legislative day of the regular session of 2007, and every six years thereafter, the commission shall submit a report of its findings and its salary recommendations to the legislature, through the governor. The commission may include incremental increases that take effect prior to the convening of the next salary commission.

The recommended salaries submitted by the commission shall become effective July 1 of the next fiscal year unless the legislature disapproves the recommended salaries submitted by the commission through the adoption of a concurrent resolution, which shall be approved by a simple majority of each house of the legislature, prior to adjournment sine die of the legislative session in which the recommended salaries are submitted; provided that any change in salary which becomes effective shall not apply to the legislature to which the recommendation for the change in salary was submitted.

The governor shall include the salary amounts recommended by the commission and approved by the legislature for employees of the executive branch in the executive budget. If the salary amounts recommended by the commission are disapproved by the legislature, the commission shall reconvene in the November next following the legislative disapproval to review the legislature's reasons for disapproving its salary recommendation. The commission may submit a report of its findings and submit a new salary recommendation to the legislature at the next regular session. The commission's reconvening following a legislative disapproval shall not toll the six-year cycle. [L 2006, c 299, §1; am L 2022, c 278, §23; am L 2025, c 236, §3]
Haw. Rev. Stat. § 27-3 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-3
Rights and powers transferred; bond obligations.
Status: in_force

The state department to which functions have been assigned by the governor shall succeed to all the rights and powers exercised, and all of the duties and obligations incurred by the counties in the exercise of the functions transferred, whether the powers, duties, and obligations are mentioned in or granted by any law, contract, or other document; provided that the counties shall not be relieved of their obligation of paying the interest and principal on bonds which have been issued for improvements related to the functions set forth above. Except as provided herein, all references to a county, in any law, contract, or document in connection with the functions assigned to the State by this chapter shall apply to the state government or respective state department as the case may be as if it were specifically named in the law, contract, or document in place of the county or any agency thereof.
Haw. Rev. Stat. § 26H — HI Code / Division 1 / Title 4 / Chapter 26H / Section 26H
‑8 REPEALED.
Status: repealed

§ 26H‑8 REPEALED. L 1994, c 279, §8.§ 26H‑2 Policy. The legislature hereby adopts the following policies regarding the regulation of certain professions and vocations:

(1) The regulation and licensing of professions and vocations shall be undertaken only where reasonably necessary to protect the health, safety, or welfare of consumers of the services; the purpose of regulation shall be the protection of the public welfare and not that of the regulated profession or vocation;

(2) Regulation in the form of full licensure or other restrictions on certain professions or vocations shall be retained or adopted when the health, safety, or welfare of the consumer may be jeopardized by the nature of the service offered by the provider;

(3) Evidence of abuses by providers of the service shall be accorded great weight in determining whether regulation is desirable;

(4) Professional and vocational regulations which artificially increase the costs of goods and services to the consumer shall be avoided except in those cases where the legislature determines that this cost is exceeded by the potential danger to the consumer;

(5) Professional and vocational regulations shall be eliminated when the legislature determines that they have no further benefits to consumers;

(6) Regulation shall not unreasonably restrict entry into professions and vocations by all qualified persons; and

(7) Fees for regulation and licensure shall be imposed for all vocations and professions subject to regulation; provided that the aggregate of the fees for any given regulatory program shall not be less than the full cost of administering that program. [L 1977, c 70, pt of §2; am L 1980, c 142, §1; am L 1996, c 45, §1]§ 26H‑6 New regulatory measures. New regulatory measures being considered for enactment that, if enacted, would subject unregulated professions and vocations to licensing or other regulatory controls shall be referred to the auditor for analysis. Referral shall be by concurrent resolution that identifies a specific legislative bill to be analyzed. The analysis required by this section shall set forth the probable effects of the proposed regulatory measure and assess whether its enactment is consistent with the policies set forth in section 26H‑2. The analysis also shall assess alternative forms of regulation. The auditor shall submit each report of analysis to the legislature.§ 26H‑1 Title. This chapter shall be known as the "Hawaii Regulatory Licensing Reform Act".§ 26H‑5 Evaluation; report. (a) The legislative auditor shall evaluate each board, commission, and regulatory program subject to repeal by section 26H‑4 and shall submit an evaluation report to the legislature prior to the convening of the regular session of the year of the repeal date. The evaluation shall assess whether the regulatory program as established complies with the policies established by section 26H‑2 and whether the public interest requires that the law establishing the regulatory program be reenacted, modified, or permitted to expire.

(b) If the auditor finds that the law establishing the regulatory program should be modified, the auditor shall incorporate in the auditor's report, drafts of recommended legislation to be considered for enactment and that if enacted, would improve the policies, procedures, and practices of the regulatory program evaluated. The auditor may request the assistance of the legislative reference bureau in drafting recommended legislation. Any other law to the contrary notwithstanding, the auditor may release copies of preliminary reports to the legislative reference bureau if the auditor requests the legislative reference bureau's assistance under this subsection. The legislative reference bureau shall comply with the auditor's request if the auditor provides a copy of the preliminary report to the bureau at the same time the report is provided to a board, commission, or regulatory program pursuant to subsection (d).

(c) Each board or commission and the director shall assist the auditor in collecting and reporting data as the auditor may require to conduct the evaluation. Even if the auditor finds that the law establishing the regulatory program should not be reenacted, the auditor shall evaluate the effectiveness and efficiency of the regulatory program and make appropriate recommendations to improve the policies, procedures, and practices. The legislature may hold a public hearing on each evaluation report. If the auditor finds that the law establishing a regulatory program should be permitted to expire, the auditor shall make recommendations, if needed, for appropriate restrictions to be placed on the program subsequent to the termination of regulation.

(d) The legislative auditor shall provide each board, commission, or regulatory program evaluated pursuant to this chapter not less than thirty days to review and comment upon the evaluation report prior to submission of the report to the legislature; provided that if the legislative auditor fails to provide the thirty-day review and comment period to the board, commission, or regulatory program being evaluated, the law establishing the regulatory program that is subject to repeal shall be automatically reenacted for a period of one year. If the legislative auditor receives written comments from the board, commission, or department of commerce and consumer affairs, the legislative auditor shall append the written comments to each copy of the evaluation report prior to submission to the legislature.

(e) Except as provided in this chapter, no board, commission, or regulatory program shall be evaluated automatically by the auditor. Nothing in this section is intended to prevent the auditor from conducting an evaluation of a board, commission, or regulatory program at the specific request or direction of the legislature. [L 1977, c 70, pt of §2; am L 1979, c 121, §2; am L 1980, c 142, §2; am L 1981, c 87, §3; am L 1982, c 204, §8; am L 1986, c 136, §1; am L 1994, c 279, §4]§ 26H‑7 Repeal of subsections. Any subsection of section 26H‑2 may be repealed or amended and such action shall not affect other provisions or applications of this chapter.[§26H‑2.5] Impact of inclusion. The inclusion of any regulatory program into the provisions of this chapter shall not be held to confer any regulatory authority or jurisdiction on any department which does not otherwise have jurisdiction. In particular, the department of commerce and consumer affairs shall not be conferred any authority or jurisdiction not directly conferred by assignment of a regulatory measure to that department.§ 26H‑3 Definitions. As used in this chapter:

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

"Repeal date" means the effective date of repeal established for various chapters by section 26H‑4. [L 1977, c 70, pt of §2; am L 1979, c 121, §1; am L 1982, c 204, §8; am L 1983, c 124, §17]

Revision Note

Numeric designations deleted.
Haw. Rev. Stat. § 27-21.6 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-21.6
Functions reassigned to the counties.
Status: in_force

The following functions are hereby reassigned to the several counties:

(1) The medical care of inmates of county jails;

(2) The rendering of medical investigatory services requested by the police;

(3) Physical examinations of employees to the extent that such functions had been performed immediately prior to the adoption of Act 97, Session Laws of Hawaii 1965;

(4) The care and treatment of county workers' compensation cases to the extent that such functions had been performed immediately prior to the adoption of Act 97, Session Laws of Hawaii 1965; and

(5) The regulation of the design, construction, and operation of individual wastewater systems and private wastewater treatment works; provided that:

(A) The transfer of this function to each county shall take place on the date that the expenditure of start-up funds is made by the State to such county for this purpose; and

(B) The counties shall approve the installation and use of composting toilets in areas that are inaccessible to municipal wastewater systems. As used in this subparagraph, "composting toilet" means a toilet that uses no water or very little water and uses natural processes to treat waste. [L 1969, c 265, §6; am L 1975, c 41, §1; am L 1978, c 148, §3; am L 1985, c 282, §1; am L 2015, c 187, §2; am L 2016, c 239, §2]
Haw. Rev. Stat. § 27-21.4 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-21.4
Transfer of real property.
Status: in_force

The several counties shall convey to the State all of their respective interests in and to any real property and the improvements used in the functional areas covered by section 27-21.1 and which are directly related to and necessary for the operation and maintenance thereof. The conveyances shall be without cost to the State or reimbursement to the county, and without compliance with disposal procedures or requirements, any law to the contrary notwithstanding.

If within a period of ten years after January 1, 1970, any of the real property so transferred is abandoned or ceases to be used for purpose stated in the preceding paragraph, the board of land and natural resources shall by resolution declaring such abandonment or cessation as to any of the real property conveyed hereunder or any portion thereof, reconvey such realty or portion to the county from which it had originally been transferred. The provisions of this paragraph shall not apply to state lands that had been set aside for use by the county, or to real property where the major portion of the cost of the land or improvements was financed by state funds. [L 1969, c 265, §4]
Haw. Rev. Stat. § 27-43.5 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-43.5
[ §27-43.
Status: in_force

[ §27-43.5] Additional duties of the chief information officer relating to security of government information. (a) The chief information officer shall provide for periodic security audits of all executive branch departments and agencies regarding the protection of government information and data communication infrastructure.

(b) Security audits may include on-site audits as well as reviews of all written security procedures and documented practices. The chief information officer may contract with a private firm or firms that specialize in conducting security audits; provided that information protected from disclosure by federal or state law, including confidential tax information, shall not be disclosed. All executive branch departments, agencies, boards, or commissions subject to the security audits authorized by this section shall fully cooperate with the entity designated to perform the audit. The chief information officer may direct specific remedial actions to mitigate findings of insufficient administrative, technical, and physical controls necessary to protect state government information or data communication infrastructure.

(c) This section shall not infringe upon responsibilities assigned to the comptroller or the auditor by any state or federal law. [L 2013, c 265, §2]
Haw. Rev. Stat. § 27-53 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-53
Annual report.
Status: in_force

The board shall prepare an annual report on progress towards key community outcomes adopted by the legislature, which shall be transmitted to the governor, the legislature, and the public.
Haw. Rev. Stat. § 26-25 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-25
Services to the judiciary and legislature.
Status: in_force

Any executive department may provide services to the judiciary and the legislature, but nothing in this part and this chapter shall be construed as granting any authority to the governor or any department to exercise control over the organization, programs, functions, operations, and expenditures of the judiciary and the legislature.
Haw. Rev. Stat. § 26-53 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-53
Deputies or assistants to department heads.
Status: in_force

Effective July 1, 2004, the salaries of deputies or assistants to the head of any department of the State, other than the department of education, shall be within the range or ranges for the specific positions as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries and specified by the appointing official, if appropriate, pursuant to section 26-56, unless rejected by the legislature.
Haw. Rev. Stat. § 28-10.8 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-10.8
Rules.
Status: in_force

The department of the attorney general may adopt, amend, or repeal rules, pursuant to chapter 91, that may be necessary or convenient for the performance of its functions. The department's rules may include general rules of practice and procedure that apply to all administrative offices, boards, and commissions placed or established within the department without the necessity of individual adoption by the administrative offices, boards, or commissions within the department.
Haw. Rev. Stat. § 26-36 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-36
Acting members of boards.
Status: in_force

The governor may appoint an acting member of any state board or commission to serve during the temporary absence from the State or the illness of any regular member thereof. The acting member shall, during the acting member's term of service, have the same powers and duties as the regular member.
Haw. Rev. Stat. § 28-122 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-122
§ §28-122 to 124 REPEALED.
Status: repealed

§ §28-122 to 124 REPEALED. L 2003, c 192, §§2 to 4.
Haw. Rev. Stat. § 27C-2 — HI Code / Division 1 / Title 4 / Chapter 27C / Section 27C-2
State information service, functions.
Status: in_force

(a) There is established a centralized state information service in the office of the governor, consisting of a central office at the capital and satellite offices located in each county.

(b) The functions of the state information service shall include the following:

(1) Communication to the public of information concerning the functions of government, the services it renders through the departments and agencies, and the status of various important programs and projects which affect the quality of life of the community.

(2) Making direct response to queries, whether by telephone, correspondence, or meetings, from persons desiring information or assistance and assisting in channeling requests, queries, and recommendations from the public to appropriate public offices and referring nongovernmental related matters to appropriate private offices, and providing methods to encourage timely and adequate response to such queries.

(3) Assessing the effectiveness of existing informational services by providing feedback, coordinating information programs and recommending innovative communication techniques.

(4) Seeking and implementing more effective means of publicizing public notices and other announcements which should receive timely and wide dissemination.

(5) Identification of specific community informational needs and provision of special information services to meet such needs.

(6) Devising information and exchange programs for elective and appointive government officers to help increase their awareness and understanding of the community and its needs. [L 1971, c 106, §2; am L 1976, c 187, pt of §1; am L 1989, c 261, §2]
Haw. Rev. Stat. § 26H-4 — HI Code / Division 1 / Title 4 / Chapter 26H / Section 26H-4
[OLD] REPEALED.
Status: repealed

L 1982, c 110, §1.

§ 26H-4 Repeal dates for newly enacted professional and vocational regulatory programs. Any professional or vocational regulatory program enacted after January 1, 1994, and listed in this section shall be repealed as specified in this section. The auditor shall perform an evaluation of the program, pursuant to section 26H-5, before its repeal date. [L 1994, c 279, §3; am L 1996, c 202, §1; am L 1998, c 100, §3 and c 159, §3; am L 2000, c 225, §2; am L 2002, c 260, §3; am L 2003, c 97, §2; am L 2004, c 209, §3; am L 2008, c 206, §1; am L 2010, c 178, §3; am L 2012, c 198, §3; am L 2015, c 199, §3; am L 2016, c 14, §2; am L 2017, c 118, §4; am L 2018, c 58, §2; am L 2019, c 32, §3; am L 2021, c 80, §2; am L 2024, c 80, §3; am L 2025, c 28, §3]

Revision Note

The source notes for this section begin with L 1994, c 279, §3 which replaced the contents of this section in its entirety.
Haw. Rev. Stat. § 27-44.2 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-44.2
Data set licensing.
Status: in_force

The chief data officer may make the departments' electronic data sets on data.hawaii.gov or a successor website designated by the chief data officer available to third parties pursuant to a license that may require the licensee to allow any user to copy, distribute, display, or create derivative works at no cost and with an appropriate level of conditions placed on the use.
Haw. Rev. Stat. § 26-37 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-37
Substitutes for officials called into active service.
Status: in_force

The head of any department or bureau of the State may employ such temporary assistants, subordinates, or employees as may be necessary in case any such head or any assistants, subordinates, or employees are called into active service as members of the armed forces of the United States or of the national guard.

Any appointment or employment so made shall be only after consultation by the head of the department or bureau with the governor and only with the approval of the governor. [L 1917, c 151, §§1, 3; RL 1925, §170; RL 1935, §131; RL 1945, §480; RL 1955, §7-25; HRS §26-37]
Haw. Rev. Stat. § 26-11 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-11
University of Hawaii.
Status: in_force

(a) The University of Hawaii shall be headed by an executive board to be known as the board of regents.

The board shall consist of eleven members. At least one member shall be a University of Hawaii student at the time of the initial appointment. The governor shall reduce the terms of those initially appointed to each seat on the board of regents to provide, as far as practicable, for the expiration of three terms each year; provided that the term of the student member shall not be reduced.

The members, except for the student member, shall represent and reside in the specified geographic areas as follows:

(1) Two members from the county of Hawaii;

(2) Two members from the county of Maui;

(3) One member from the county of Kauai; and

(4) Five members from the city and county of Honolulu.

The board shall have the power, in accordance with the Hawaii constitution and with law, to formulate policy and to exercise control over the university through its executive officer, the president of the university. The board shall have exclusive jurisdiction over the internal organization and management of the university.

(b) The board of regents shall appoint and may remove an executive officer to be known as the president of the University of Hawaii.

The University of Hawaii as heretofore constituted as a body corporate is continued as the University of Hawaii established by this chapter. [L Sp 1959 2d, c 1, §17; am imp HB 253 (1964) and election Nov 3, 1964; Supp, §14A-16; HRS §26-11; am L 1971, c 143, §1; am L 1979, c 86, §3; am L 1996, c 266, §1; am L 1997, c 342, §1; am L 2007, c 56, §3; am L Sp 2008, c 9, §2; am L 2019, c 172, §2]
Haw. Rev. Stat. § 26-32 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-32
Acting heads of departments; appointment of; responsibility for acts of.
Status: in_force

Any officer for the performance of whose duties in his absence or illness no other provision is made by law, may, with the approval of the governor, designate some other officer in his department, bureau, or office to act in his temporary absence or illness. The designation shall be in writing and shall be filed in the office of the lieutenant governor. The respective heads of departments shall be responsible and liable on their official bonds for all acts done or performed by the persons designated to act in their absence as herein prescribed; except that responsibility for property during absence may be transferred upon the written consent of the governor.

The persons so designated shall, during the temporary absence or illness of the head of the office, have all the powers of the head of the office and shall be known as the acting head, but shall not be entitled to any additional compensation while so acting. [L 1909, c 21, §§1 and 2; RL 1925, §169; am imp L 1933, c 148, §4; RL 1935, §130; RL 1945, §479; RL 1955, §7-22; am L Sp 1959 2d, c 1, §§9, 38; HRS §26-32]
Haw. Rev. Stat. § 27G- — HI Code / Division 1 / Title 4 / Chapter 27G / Section 27G-
3 Access Hawaii committee; establishment; membership; chairperson.
Status: in_force

(a) There is established within the department of accounting and general services, the access Hawaii committee.

(b) The committee shall consist of not more than fifteen voting, ex officio members, or their designated representatives, as follows:

(1) The comptroller;

(2) The administrator of the state procurement office;

(3) The director of the office of information practices;

(4) The directors of not more than three government agencies using or planning to use the services of the portal manager;

(5) The administrative director of the courts;

(6) A representative of the Hawaii state senate appointed by the president of the senate;

(7) A representative of the Hawaii state house of representatives appointed by the speaker of the house of representatives;

(8) The chief information officers of the four counties; and

(9) The chief information officer.

(c) The chief information officer or the chief information officer's designee shall serve as the chairperson of the committee. [L 2007, c 172, pt of §2; am L 2013, c 21, §1; am L 2016, c 58, §4]The committee shall provide oversight of the portal manager, including:

(1) Review of the annual strategic plan and periodic reports on potential new applications and services submitted by the portal manager;

(2) Review and approval of all charges to portal users;

(3) Review and approval of service level agreements negotiated by government agencies with the portal manager;

(4) Review of the annual financial reports and audit of the portal manager;

(5) Review of annual customer satisfaction surveys conducted by the portal manager; and

(6) Review of performance measures of the portal submitted as part of the service management plan for portal-wide indicators and application specific indicators. [L 2007, c 172, pt of §2]
Haw. Rev. Stat. § 27-73 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-73
[ §27-73] Broadband office; duties.
Status: in_force

[ §27-73] Broadband office; duties. In furtherance of the State's objectives and policies for the economy pursuant to section 226-10.5, the broadband office shall:

(1) Develop and implement specific strategies and plans to aggressively increase broadband affordability, penetration, and competitive availability in the State;

(2) Support the efforts of both public and private entities in the State to enhance or facilitate the deployment of and access to competitively priced, advanced electronic communications services, including broadband and its products and services and internet access services of general application throughout the State;

(3) Promote the landing of trans-Pacific submarine cable, including the development of a shared access cable station and associated terrestrial connectivity to reduce barriers to fiber landing in the State;

(4) Promote, advocate, and facilitate the implementation of the findings and recommendations of the Hawaii broadband task force established by Act 2, First Special Session Laws of Hawaii 2007, and the 2020 Hawaii Broadband Strategic Plan;

(5) Support the findings of community-based groups as reflected in its digital equity declaration;

(6) Administer grant programs in support of broadband infrastructure, innovation, and the digital economy;

(7) Actively seek out funding from public and private sources in furtherance of the office's duties pursuant to this section; and

(8) Provide a repository, aggregation point, and governance framework for broadband mapping and digital equity data from various sources, including digital literacy, telehealth, distance education, internet accessibility, and service coverage to support mapping, reporting, infrastructure deployment, and data-driven policy. [L 2025, c 201, pt of §1]
Haw. Rev. Stat. § 26-24 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-24
Agencies and offices abolished.
Status: in_force

The following agencies and offices and their respective boards and commissions as heretofore constituted are abolished: board of commissioners of agriculture and forestry, bureau of the budget, commission on children and youth, economic planning and coordination authority, board of commissioners of public archives, territorial planning office, Hawaii development council, department of public works, territorial highway department, treasury department, office of the tax commissioner, tax appeal court, boards of (tax) review, comptroller, high sheriff, territorial loyalty board, board of health, department of institutions, advisory boards on institutions, territorial hospital and Waimano home appeal commission, bureau of sight conservation and work with the blind, department of public welfare, public welfare board, council on veterans' affairs, library of Hawaii, Hawaii county library managing board, Maui county libraries managing board, board of public lands, commissioner of public lands, territorial surveyor, bureau of conveyances, hydrographer, board of appraisers, territorial commission on historical sites, Hawaii water authority, Hawaii soil conservation committee, farm loan board of Hawaii, airport zoning board, commission of labor and industrial relations, department of labor and industrial relations, Hawaii employment relations board, apprenticeship council, military department, civil defense agency, civil defense advisory council, board of prison inspectors, dental health advisory committee, territorial advisory committee for hospitals and medical care, fishery advisory committees, voting machine board, disposal committee, board of disposal, commission on ground water resources, Hawaii land development authority, department of attorney general, commission to promote uniform legislation, department of civil service, civil service commission, department of public instruction, board of commissioners of public instruction, university of Hawaii, board of regents of the university of Hawaii, and Hawaiian homes commission.

The following agencies and offices and their respective boards and commissions shall expire at such time provided in this Act: Kauai county libraries managing board, Hawaii aeronautics commission, board of harbor commissioners, and fair commission of Hawaii. [L Sp 1959 2d, c 1, §38; Supp, §14A-34; HRS §26-24; am L 1989, c 211, §10; am L 1990, c 281, §11]
Haw. Rev. Stat. § 26-35.5 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-35.5
Members of boards and commissions; immunity from or indemnification for civil liability; defense of members.
Status: in_force

(a) For purposes of this section, "member" means any person who is appointed, in accordance with the law, to serve on a temporary or permanent state board, including members of the board of education, the governing board of any charter school established under chapter 302D, council, authority, committee, or commission, established by law or elected to the board of trustees of the employees' retirement system under section 88-24, or the corporation board of the Hawaii health systems corporation under section 323F-3 and its regional system boards under section 323F-3.5; provided that "member" shall not include any person elected to serve on a board or commission in accordance with chapter 11.

(b) Notwithstanding any law to the contrary, no member shall be liable in any civil action founded upon a statute or the case law of this State, for damage, injury, or loss caused by or resulting from the member's performing or failing to perform any duty which is required or authorized to be performed by a person holding the position to which the member was appointed, unless the member acted with a malicious or improper purpose, except when the plaintiff in a civil action is the State.

(c) Except as provided in subsections (d) and (f), the State shall indemnify a member from liability by paying any judgment in, or settlement or compromise of, any civil action arising under federal law, the law of another state, or the law of a foreign jurisdiction, including fees and costs incurred, unless the loss, injury, or damage for which the judgment or settlement amount is required to be paid:

(1) Is fully covered by a policy of insurance for civil liability purchased by the State;

(2) Is caused by or is the result of the member's performing an act authorized or required to be performed by a person holding the position to which the member was appointed so as to effect a malicious or improper purpose;

(3) Is caused by or is the result of the member's failure to perform an act required or authorized to be performed by a person holding the position to which the member was appointed so as to effect a malicious or improper purpose.

(d) The State shall not indemnify a member who would otherwise be entitled to indemnification under subsection (c), if the member fails to cooperate fully in the defense of the civil action which is made available to the member under subsection (e). The State shall not indemnify a member for any portion of a judgment that represents punitive or exemplary damages. The State shall not indemnify a member for any portion of a settlement which is deemed unreasonable by the legislature.

(e) The attorney general, or in the case of the board of regents of the University of Hawaii, its university general counsel, or in the case of the board of directors of the Hawaii health systems corporation under section 323F-3 or its regional system boards under [section] 323F-3.5, the attorneys retained by the board of directors of the Hawaii health systems corporation or its regional system boards under section 323F-9, shall represent and defend a member in any civil action for which immunity is conferred under subsection (b), or when the attorney general, or, if the action involves a member of the board of regents, the university general counsel, or, if the action involves a member of the board of directors of the Hawaii health systems corporation or its regional system boards, the attorneys retained by the board of directors of the Hawaii health systems corporation or its regional system boards, determines that indemnification is available to the member under subsection (c), and the member against whom the action is brought has submitted a written request for representation and has provided the attorney general, the university general counsel in the case of an action involving a member of the board of regents, or the attorneys retained by the board of directors of the Hawaii health systems corporation or its regional system boards in the case of an action involving a member of the board of directors of the Hawaii health systems corporation or its regional system boards with all process or complaint served upon the member within a reasonable period of time, but not more than five days after being served with the process or complaint. The attorney general, the university general counsel, or an attorney retained by the board of directors of the Hawaii health systems corporation or its regional system boards may terminate the representation and defense of the member at any time if, after representation and defense is accepted, the attorney general, the university general counsel, or an attorney retained by the board of directors of the Hawaii health systems corporation or one of its regional system boards determines that indemnification would not be available to the member under subsection (c).

(f) A member may retain counsel of the member's own choice at the member's own expense. If the member chooses to retain counsel at the member's own expense, the State shall not indemnify the member even though the member would have been entitled to indemnification under subsection (c). The attorney general, or the university general counsel in the case of a member of the board of regents, may enter an appearance in any action in which the member is represented by counsel of the member's own choice, even though no request for the appearance has been made by the member.

(g) Nothing in this section precludes a member from compromising or settling any claim against the member at the member's own expense. If such a settlement or compromise is effected, however, the member shall be deemed to have waived any claims which the member might have made under this section unless the provisions of subsection (i) apply.

(h) If the attorney general, or the university general counsel in the case of a member of the board of regents, denies representation to the member under subsection (e) and the member proceeds to judgment in the action for which representation was denied, the member may commence an action against the State or the University of Hawaii in the case of a member of the board of regents, in the circuit court to recover reasonable costs and fees incurred by the member in defending against that action, including attorney's fees, court costs, investigative costs, and expert witness fees. The State or the University of Hawaii in the case of a member of the board of regents, shall pay the judgment or reimburse the member if the member has satisfied the judgment in an action for which representation was denied; provided the member was found not liable in that action or the member establishes by a preponderance of the evidence that the member is entitled to indemnification under subsection (c). A finding of negligence against the member in the civil action for which representation was denied shall not be binding upon the circuit court in any action brought under this subsection. The member shall commence any action under this subsection no later than two years after entry of judgment in the action for which the member was denied representation if no appeal is filed, or two years after the conclusion of the final appeal from that judgment if an appeal is filed.

(i) If the attorney general, or the university general counsel in the case of a member of the board of regents, denies representation to the member under subsection (e) and the member negotiates a compromise or settlement without an entry of judgment in the action for which representation was denied, the member may seek to introduce a bill in the legislature to secure an appropriation to reimburse the member for the amount of the settlement or that portion which constitutes a reasonable settlement, and for reasonable costs and fees incurred by the member in defending against that action, including attorney's fees, court costs, investigative costs, and expert witness fees.

(j) Any moneys which the State is required to pay to a member under this section shall be paid from an appropriation made by the legislature at the next session after the requirement to pay inures to the member. The appropriation shall be sufficient to include any postjudgment interest which the member was required to pay if the member has personally satisfied the judgment, or at the rate specified in section 478-3 for the period from the entry of judgment for which indemnification is available until the appropriation is enacted if the judgment was not satisfied. Any bill necessary to effect a payment required by subsections (h) and (i) shall be submitted by the member to a legislator; all other bills necessary to effect payments required by this section shall be initiated by the attorney general.

(k) This section shall not be construed as eliminating, waiving, reducing, or limiting any defense, immunity, or jurisdictional bar conferred upon or available to a member or the State by any other statute or by case law. [L 1984, c 152, §1; am L 1985, c 218, §1; am L 1987, c 283, §2; am L 2000, c 187, §2; am L 2001, c 54, §2 and c 243, §3; am L 2002, c 2, §3; am L 2006, c 298, §6; am L 2007, c 290, §4; am L 2011, c 5, §8; am L 2012, c 130, §4]
Haw. Rev. Stat. § 27-43 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-43
Office of enterprise technology services; chief information officer; information technology steering committee; establishment; responsibilities.
Status: in_force

(a) There is established within the department of accounting and general services the office of enterprise technology services, which shall be headed by a full-time chief information officer to organize, manage, and oversee statewide information technology governance. The chief information officer shall be appointed by the governor as provided in section 26-34. The chief information officer shall report to the comptroller and shall:

(1) Develop, implement, and manage statewide information technology governance;

(2) Develop, implement, and manage the state information technology strategic plans;

(3) Develop and implement statewide technology standards;

(4) Work with each executive branch department and agency to develop and maintain its respective multi-year information technology strategic and tactical plans and road maps that are part of the State's overall information technology strategic plans, road maps, and directions;

(5) Coordinate each executive branch department and agency's information technology budget request, forecast, and procurement purchase to ensure compliance with the department or agency's strategic plan and road map and with the office of enterprise technology services' information technology governance processes and enterprise architecture policies and standards, including policies and standards for systems, services, hardware, software, and security management;

(6) Report annually to the governor and the legislature on the status and implementation of the state information technology strategic plan;

(7) Update the state information technology strategic plan every four years;

(8) Perform other necessary or desirable functions to facilitate the intent of this section;

(9) Employ persons exempt from chapters 76 and 89;

(10) Provide centralized computer information management and processing services, coordination in the use of all information processing equipment, software, facilities, and services in the executive branch of the State, and consultation and support services in the use of information processing and management technologies to improve the efficiency, effectiveness, and productivity of state government programs;

(11) Establish, coordinate, and manage a program to provide a means for public access to public information and develop and operate an information network in conjunction with overall plans for establishing a communication backbone for state government; and

(12) Adopt rules, pursuant to chapter 91, necessary for the purposes of this part.

(b) The salary of the chief information officer shall be established by the governor.

(c) There is established an information technology steering committee to assist the chief information officer in developing the State's information technology standards and policies, including but not limited to:

(1) Assisting the chief information officer in developing and implementing the state information technology strategic plans;

(2) Assessing executive branch departments' progress in meeting the objectives defined in the state information technology strategic plans and identifying best practices for shared or consolidated services;

(3) Ensuring technology projects are selected based on their potential impact and risk to the State, as well as their strategic value;

(4) Ensuring that executive branch departments maintain sufficient tools to assess the value and benefits of technology initiatives;

(5) Assisting the chief information officer in developing state information technology standards and policies;

(6) Clarifying the roles, responsibilities, and authority of the office of enterprise technology services, specifically as it relates to its statewide duties; and

(7) Assisting the chief information officer in developing a plan to enhance the hawaii.gov mobile application to increase resident and visitor usage of the mobile application.

The information technology steering committee shall consist of thirteen members, with four members to be appointed by the senate president, four members to be appointed by the speaker of the house of representatives, one member to be appointed by the chief justice, one member to be appointed by the governor, one member to be appointed by the superintendent of education, and one member to be appointed by the president of the university of Hawaii, and may include representatives from executive branch departments, the legislature, and private individuals. The chief information officer shall serve as an ex officio member and as the chair of the committee. The committee shall select a vice chair from among its members. Each member shall be appointed for four-year terms; provided that each member shall hold office until reappointed by the member's respective appointing authority at the end of the member's term or until the member's successor is appointed.

(d) There is established within the department of accounting and general services a special fund to be known as the shared services technology special fund to be administered and expended by the chief information officer for the purposes of this subsection. Three per cent of the receipts collected from special funds pursuant to section 36-27 shall be deposited into the shared services technology special fund. Any law to the contrary notwithstanding, the moneys in the fund shall be used to fund the operations of the chief information officer and the information technology steering committee, including the employment and training of staff and any other activities deemed necessary by the chief information officer to carry out the purposes of this section.

(e) The chief information officer and the comptroller may raise funds to defray administrative costs and may accept donations of money and personal property on behalf of the information technology steering committee; provided that all donations accepted from private sources shall be expended in the manner prescribed by the contributor, and all moneys received shall be deposited into the information technology trust account. The chief information officer may also directly receive donated personal services and personal property for which funding is not required.

(f) The chief information officer shall present an annual report of the office of enterprise technology services to the information technology steering committee for public comment and shall thereafter, but no later than twenty days prior to the convening of each regular session of the legislature, submit the annual report to the governor and legislature. The annual report shall include updates on the activities and programs under the authority of the chief information officer and the information technology steering committee, updates on the hawaii.gov mobile application, and the expenditures of all moneys received from all sources and deposited into the information technology trust account and the shared services technology special fund.

(g) The chief information officer shall submit the updated state information technology strategic plan, revised pursuant to subsection (a)(7), to the governor and the legislature no later than twenty days prior to the convening of every fourth regular session of the legislature; provided that the chief information officer shall submit the first updated state information technology strategic plan to the governor and the legislature no later than twenty days prior to the convening of the regular session of 2021.

[(h)] As used in this section, "hawaii.gov mobile application" means the mobile application developed by or for the State to enable the public to access hawaii.gov. [L 2010, c 200, §2; am L 2011, c 84, §2; am L 2012, c 224, §1; am L 2016, c 58, §3; am L 2019, c 238, §2; am L 2021, c 186, §2; am L 2024, c 82, §1 and c 140, §2]
Haw. Rev. Stat. § 28-2.5 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-2.5
Investigations.
Status: in_force

(a) The attorney general shall investigate alleged violations of the law when directed to do so by the governor, or when the attorney general determines that an investigation would be in the public interest.

(b) The attorney general, when conducting a civil, administrative, or criminal investigation, or the county prosecuting attorneys, when conducting a criminal investigation in their respective jurisdictions, may, subject to the privileges enjoyed by all witnesses in this State, subpoena witnesses, examine them under oath, and require the production of any books, papers, documents, or other objects designated therein or any other record however maintained, including those electronically stored, which are relevant or material to the investigation.

(c) A subpoena issued under subsection (b):

(1) Shall state the name of the issuing authority and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein, and may also command the person to whom it is directed to produce books, papers, documents, or other objects specifically designated therein;

(2) May be served by any police officer or by any employee of the issuing authority who has the powers of a police officer at any place within the jurisdiction of the issuing authority;

(3) Shall require attendance of the witness only in the county wherein the witness is served with the subpoena or at such other place as is agreed upon by the witness and the issuing authority; provided that if the subpoena is served in a county other than that in which the witness resides or is employed or transacts the witness' business in person, the issuing authority shall bear the expense of travel by the witness to and attendance at the place named in the subpoena to the same extent as provided by the rules of court; and

(4) Shall contain a short, plain statement of the recipient's rights and the procedure for enforcing and contesting the subpoena.

(d) The issuing authority shall pay to a financial institution which is served a subpoena issued under this section a fee for reimbursement of such costs as are necessary and which have been directly incurred in searching for, reproducing, or transporting books, papers, documents, or other objects designated by the subpoena. Reimbursement shall be paid at the rate of $15 per hour for research time and 50 cents per page for reproduction.

(e) Upon application by the attorney general or the county prosecuting attorney who issued the subpoena, a circuit court of the county wherein the witness resides or is found may compel obedience to the subpoena; provided that the court, on motion promptly made, may quash or modify the subpoena if compliance would be unreasonable or oppressive or violate any privilege the witness may be entitled to exercise in a court proceeding.

(f) Compliance with a subpoena issued pursuant to this section shall not give rise to a civil action for damages by an individual or entity as to whom testimony has been given or documents or other things provided in compliance with the subpoena. [L 1972, c 33, §1; gen ch 1985; am L 1986, c 170, §1; am L 1990, c 279, §1; am L 1991, c 244, §1; am L 1992, c 273, §1; gen ch 1992]
Haw. Rev. Stat. § 26-39 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-39
Department staffs.
Status: in_force

Except as otherwise provided by this chapter and with the approval of the governor, the head of a department may establish or abolish any subordinate office or position, transfer officers and employees between positions, appoint and remove any subordinate, and change the duties, titles, and compensation of offices and positions as is deemed necessary by the head of the department for the efficient functioning of the department, subject to the limitations of available appropriations and of the provisions of chapter 76.

All officers and employees within a department shall be under the supervision, direction and control of the head of the department, except as otherwise provided by this chapter. [L Sp 1959 2d, c 1, §8; Supp, §14A-6; HRS §26-39; am L 2000, c 253, §150]
Haw. Rev. Stat. § 26-20 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-20
Department of labor and industrial relations.
Status: in_force

The department of labor and industrial relations shall be headed by a single executive to be known as the director of labor and industrial relations.

The department shall administer programs designed to increase the economic security, physical and economic well-being, and productivity of workers, and to achieve good labor-management relations, including the administration of workers' compensation, employment security, apprenticeship training, wage and hour, and industrial relations laws. The department shall also have the function of developing, preparing, and disseminating information on employment, unemployment, and general labor market conditions.

The labor and industrial relations appeals board provided for in chapters 371 and 386 is placed within the department of labor and industrial relations for administrative purposes. The respective functions, duties, and powers, subject to the administrative control of the director of labor and industrial relations, and the composition of the board shall be as heretofore provided by law.

There shall be within the department of labor and industrial relations a board to be known as the Hawaii labor relations board as provided for in section 89-5, which shall exercise powers and duties in accordance with chapters 89, 377, and 396. The director shall have general administrative supervision over the board, but shall not have the power to supervise or control the board in the exercise of its powers or duties.

The functions of mediation heretofore exercised by the commission of labor and industrial relations existing immediately prior to November 25, 1959, as provided in section 371-10, shall be exercised by the governor or the governor's designated agent.

The director may establish within the department of labor and industrial relations a committee to be known as the state apprenticeship council which shall sit in an advisory capacity to the director of labor and industrial relations on matters within the jurisdiction of the department of labor and industrial relations relating to apprenticeship programs. The membership and organization of the council shall be determined by the director. [L Sp 1959 2d, c 1, §27; am L 1963, c 27, §1; Supp, §14A-26; HRS §26-20; am L 1975, c 41, §1; am L 1985, c 251, §1; gen ch 1985, 1993; am L 1998, c 205, §1; am L 2002, c 104, §1; am L 2012, c 14, §1]
Haw. Rev. Stat. § 28-94 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-94
Dependent elder abuse; suits by the State; civil penalties.
Status: in_force

(a) The attorney general may bring a civil action on behalf of the State, against any caregiver who commits abuse of a dependent elder, to prevent, restrain, or remedy such conduct. Any caregiver against whom a civil judgment is entered on a complaint alleging that the caregiver committed abuse against a dependent elder, shall be subject to a civil penalty of not less than $500 nor more than $1,000 for each day that the abuse occurred, and the costs of investigation.

(b) For the purposes of this section:

"Abuse" means actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment, or maltreatment.

Abuse occurs where:

(1) Any dependent elder exhibits evidence of:

(A) Substantial or multiple skin bruising or any other internal bleeding;

(B) Any injury to skin causing substantial bleeding;

(C) Malnutrition;

(D) A burn or burns;

(E) Poisoning;

(F) The fracture of any bone;

(G) A subdural hematoma;

(H) Soft tissue swelling;

(I) Extreme physical pain; or

(J) Extreme mental distress which includes a consistent pattern of actions or verbalizations including threats, insults, or harassment, that humiliates, provokes, intimidates, confuses, and frightens the dependent elder;

and the injury is not justifiably explained, or where the history given is at variance with the degree or type of injury, or circumstances indicate that the injury is not the product of an accidental occurrence;

(2) Any dependent elder has been the victim of nonconsensual sexual contact or conduct by a caregiver, including but not limited to:

(A) Sexual assault, molestation, sexual fondling, incest, prostitution;

(B) Obscene or pornographic photographing, filming, or depiction; or

(C) Other similar forms of sexual exploitation;

(3) Any dependent elder is provided with dangerous, harmful, or detrimental drugs as defined by section 712-1240; however, this paragraph shall not apply when such drugs are provided to the dependent elder pursuant to the direction or prescription of a practitioner, as defined in section 712-1240;

(4) Any dependent elder is subject to neglect;

(5) Any dependent elder appears to lack sufficient understanding or capacity to make or communicate responsible decisions concerning the dependent elder's person, and appears to be exposed to a situation or condition which poses an imminent risk of death or risk of serious physical harm; or

(6) There is financial and economic exploitation.

"Caregiver" means any person who has undertaken the care, custody, or physical control of, or who has a legal or contractual duty to care for the health, safety, and welfare of a dependent elder, including, but not limited to, owners, operators, employees, or staff of:

(1) Hospitals;

(2) Hospices;

(3) Adult residential care homes;

(4) Developmentally disabled domiciliary homes;

(5) Developmentally disabled adult foster homes;

(6) Intermediate care facilities;

(7) Skilled nursing facilities;

(8) Special treatment facilities;

(9) Assisted living facilities;

(10) Adult foster family homes;

(11) Adult day health care centers and adult day care programs;

(12) Independent living centers;

(13) Long-term care facilities;

(14) Community care facilities for the elderly;

(15) Respite care facilities;

(16) Foster homes; and

(17) Private residences used for commercial purposes to care for dependent elders.

"Dependent elder" means any person sixty-two years of age or older who, because of mental or physical impairment, is dependent upon another person, a care organization, or a care facility for personal health, safety, or welfare.

"Financial and economic exploitation" means the wrongful or negligent taking, withholding, misappropriation, or use of a dependent elder's money, real property, or personal property. "Financial and economic exploitation" may include but is not limited to:

(1) Breaches of fiduciary relationships such as the misuse of a power of attorney or the abuse of guardianship privileges, resulting in the unauthorized appropriation, sale, or transfer of property;

(2) The unauthorized taking of personal assets;

(3) The misappropriation, misuse, or unauthorized transfer of moneys belonging to the dependent elder from a personal or joint account; or

(4) The intentional or negligent failure to effectively use a dependent elder's income and assets for the necessities required for the elder's support and maintenance.

The exploitations may involve coercion, manipulation, threats, intimidation, misrepresentation, or exertion of undue influence.

"Neglect" means the reckless disregard for the health, safety or welfare of a dependent elder, that results in injury, loss, or damage. "Neglect" includes, but is not limited to:

(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter;

(2) Failure to provide or arrange for necessary psychological, physical, or health care; except when such failure is in accordance with the dependent elder's directive;

(3) Failure to protect a dependent elder from known health or safety hazards; and

(4) Failure to protect against known acts of abuse by third parties. [L 2003, c 196, §2]
Haw. Rev. Stat. § 27-7 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-7
Departmental data sharing.
Status: in_force

(a) The department of education; the executive office on early learning; the university of Hawaii; the department of labor and industrial relations; the department of human services; the department of taxation; the department of business, economic development, and tourism; and other state agencies, as appropriate, shall share data through the statewide longitudinal data system to support research and evaluation that will improve outcomes throughout the early education to workforce pipeline. The data to be shared shall be determined jointly by the department of education; the executive office on early learning; the university of Hawaii; the department of labor and industrial relations; the department of human services; the department of taxation; the department of business, economic development, and tourism; and other state agencies, as appropriate, and shall be shared no less than annually; provided that any data provided by the department of business, economic development, and tourism or department of taxation shall also be aggregated or anonymized.

(b) The department of education; the executive office on early learning; the university of Hawaii; the department of labor and industrial relations; the department of human services; the department of taxation; the department of business, economic development, and tourism; and other state agencies, as appropriate, shall share data in a manner that safeguards the confidentiality of student education records, as defined by the federal Family Educational Rights and Privacy Act, and workforce data, as provided by applicable federal and state laws, rules, and regulations.

(c) The statewide longitudinal data system shall store and analyze career and technical education data it receives from all state educational systems and workforce training agencies pursuant to section 304A-304 to analyze the cross-agency longitudinal education and workforce outcomes of students who attempted an educational course, training program, career program, postsecondary program, or other state-supported workforce training program. Data to be shared shall be determined jointly by the relevant agencies and shall be shared no less than annually.

(d) All data shared by or with the department of human services; department of taxation; department of business, economic development, and tourism; department of education; public charter school authorizers; public charter schools; executive office on early learning; and other entities as required by statute shall be subject to any state or federal laws and any administrative rule regarding privacy adopted by the department or agency that collected the data.

(e) The department of education; the executive office on early learning; the university of Hawaii; the department of labor and industrial relations; the department of human services; the department of taxation; the department of business, economic development, and tourism; and other state agencies, as appropriate, shall partner to collectively govern the statewide longitudinal data system and determine protocols to:

(1) Prioritize analyses and research questions that will provide information to improve educational and workforce outcomes and policies; and

(2) Approve requests for access to data provided by the department of education; the executive office on early learning; the university of Hawaii; the department of labor and industrial relations; the department of human services; the department of taxation; the department of business, economic development, and tourism; and other state agencies, as appropriate.

(f) All state agency directors shall consider sharing data for the statewide longitudinal data system. [L 2010, c 41, §2; am L 2020, c 46, §13; am L 2021, c 163, §3 and c 210, §9; am L 2025, c 221, §2]
Haw. Rev. Stat. § 26-38 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-38
Powers and duties of heads of departments.
Status: in_force

Except as otherwise provided by this chapter, every power and duty conferred by law and required to be performed by any officer, board, department, bureau, commission, administrative agency, or instrumentality of the State existing immediately prior to November 25, 1959, shall hereafter be exercised and performed by the head of the respective department established by this chapter, whether the head of the department be a single executive, board, or commission.

Except as otherwise provided by this chapter, the head of a department may assign any function vested in his department to any subordinate officer or employee as he deems desirable. With the approval of the governor, the head of a department may establish or abolish within his department any division or other administrative unit to achieve economy and efficiency and in accord with sound administrative principles and practices and procedures.

The head of each department may prescribe regulations for the administration of his department, for the conduct of its employees, for the performance of its business, and for the custody, use and preservation of records, equipment, and other property pertaining thereto; provided that the regulations shall not be inconsistent with the requirements of chapters 76, 91, and 92, or rules promulgated by the governor, or other laws of the State. [L Sp 1959 2d, c 1, §7; am L 1965, c 96, §9; Supp, pt of §14A-5; HRS §26-38; am L 2002, c 148, §2]
Haw. Rev. Stat. § 28-11 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-11
Investigators; appointment and powers.
Status: in_force

(a) The attorney general shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section shall have and may exercise all of the powers and authority and the benefits and privileges of a police officer or of a deputy sheriff. These investigators shall consist of personnel whose primary duty will be to conduct investigations as directed by the attorney general.

(b) The attorney general may also appoint persons whose primary function shall be to provide security coverage for the governor and other public officials of this State, to be known as security investigators, who shall have and may exercise all the powers and authority of the investigators appointed under subsection (a). When not providing security coverage for the governor or other public officials, the security investigators shall conduct other investigations as directed by the attorney general. The positions of security investigators may be exempt from chapter 76. [L 1951, c 163, §1; am L 1951, c 264, §2; RL 1955, §30-11; am L 1963, c 85, §3; HRS §28-11; am L 1973, c 48, §1; am L 1981, c 161, §1; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2006, c 300, §6]
Haw. Rev. Stat. § 28-5.2 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-5.2
Protection of charitable assets; attorney general's authority.
Status: in_force

(a) The attorney general shall represent the public interest in the protection of charitable assets and may:

(1) Enforce the application of a charitable asset in accordance with:

(A) The law and terms governing the use, management, investment, distribution, and expenditure of the charitable asset; and

(B) The charitable purpose of the person holding the asset;

(2) Act to prevent or remedy:

(A) The misapplication, diversion, or waste of a charitable asset; or

(B) A breach of fiduciary or other legal duty in the governance, management, or administration of a charitable asset; or

(3) Commence or intervene in an action to:

(A) Prevent, remedy, or obtain damages for:

(i) The misapplication, diversion, or waste of a charitable asset; or

(ii) A breach of fiduciary or other legal duty in the governance, management, or administration of a charitable asset; or

(B) Determine that an asset is a charitable asset.

(b) If the attorney general has reason to believe an investigation is necessary to determine whether action is advisable under this section, the attorney general may conduct an investigation, including exercising administrative subpoena power under sections 28-2.5 and 467B-9.3.

(c) This section shall not limit the powers and duties of the attorney general under the laws of this State.

(d) As used in this section "charitable asset" means property that is given, received, or held for a charitable purpose. The term does not include property acquired or held for a for-profit purpose.

(e) As used in this section, "property" includes all interests in real property or tangible or intangible personal property, including cash, remainder interests, land, and conservation or preservation easements or restrictions. The remainder interest in a charitable remainder trust is property held for a charitable purpose, as is the current interest in a charitable lead trust, property held for ten years in a building fund, and property given to a charitable organization subject to a restriction on its use. Property held in a revocable trust that provides a remainder interest for a charitable purpose is not a charitable asset while the settlor is alive because the settlor can revoke or change the interest. [L 2014, c 217, §2; am L 2017, c 86, §1]
Haw. Rev. Stat. § 26-14.6 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-14.6
Department of corrections and rehabilitation.
Status: in_force

(a) The department of corrections and rehabilitation shall be headed by a single executive to be known as the director of corrections and rehabilitation.

(b) The department of corrections and rehabilitation shall be responsible for the formulation and implementation of state policies and objectives for the correctional system statewide and for the administration and maintenance of all public or private correctional facilities and services.

(c) Effective July 1, 1990, the Hawaii paroling authority and the crime victim compensation commission are placed within the department of public safety for administrative purposes only, and effective January 1, 2024, the Hawaii paroling authority and the crime victim compensation commission are placed within the department of corrections and rehabilitation for administrative purposes only.

(d) Effective July 1, 1990, the functions and authority heretofore exercised by:

(1) The department of corrections relating to adult corrections and the intake service centers;

(2) The judiciary relating to the sheriff's office and judiciary security personnel; and

(3) The department of the attorney general relating to state law enforcement officers and narcotics enforcement investigators with the narcotics enforcement division,

shall be transferred to the department of public safety. Effective January 1, 2024, the functions and authority transferred in paragraph (1) shall be transferred to the department of corrections and rehabilitation, and the functions and authority transferred in paragraphs (2) and (3) shall be transferred to the department of law enforcement.

(e) Effective July 1, 1990, the functions and authority heretofore exercised by the department of health pursuant to chapters 329 and 329C, with the exception of sections 329-2, 329-3, and 329-4(3) to (8), shall be transferred to the department of public safety; and effective January 1, 2024, those functions and authority shall be transferred to the department of law enforcement.

(f) Effective July 1, 1990, the functions, authority, and obligations, together with the limitations imposed thereon and the privileges and immunities conferred thereby, exercised by a "sheriff", "sheriffs", a "sheriff's deputy", "sheriff's deputies", a "deputy sheriff", "deputy sheriffs", or a "deputy", under sections 21-8, 47-18, 105-4, 134-51, 183D-11, 187A-14, 231-25, 281-108, 281-111, 286-52, 286-52.5, 321-1, 322-6, 325-9, 353-11, 356D-54, 356D-94, 383-71, 445-37, 482E-4, 485A-202, 501-42, 501-171, 501-218, 521-78, 578-4, 584A-203, 603-29, 604-6.2, 606-14, 607-2, 607-4, 607-8, 633-8, 634-11, 634-12, 634-21, 634-22, 651-33, 651-37, 651-51, 654-2, 655-2, 657-13, 660-16, 666-11, 666-21, 803-23, 803-34, 803-35, 804-14, 804-18, 804-41, 805-1, 806-71, and 832-23 shall be exercised to the same extent by the department of public safety; and effective January 1, 2024, those functions, authority, and obligations shall be exercised to the same extent by the department of law enforcement.

(g) Effective January 1, 1993, the functions and authority heretofore exercised by the attorney general and the department of the attorney general relating to the executive security officers shall be transferred to the department of public safety; and effective January 1, 2024, those functions and authority shall be transferred to the department of law enforcement.

(h) Effective July 1, 1999, the functions and authority heretofore exercised by the director of public safety and the department of public safety relating to after hours security contracts at department of education facilities, except for the security functions being performed by employees of the public library system as well as the contractual security services for the libraries, shall be transferred to the department of education.

(i) Effective January 1, 1993, the functions and authority heretofore exercised by the director of health and the department of health relating to uniformed security employees and security contracts at various state hospitals throughout the State shall be transferred to the department of public safety; and effective January 1, 2024, those functions and authority shall be transferred to the department of law enforcement. Effective July 1, 2005, the functions, authority, and employee positions of the department of public safety relating to uniformed security employees and security contracts at health facilities that are under the operation, management, and control of the Hawaii health systems corporation shall be transferred to the Hawaii health systems corporation.

(j) Effective January 1, 1993, the functions and authority heretofore exercised by the director of human services and the department of human services relating to contractual security guard services shall be transferred to the department of public safety; and effective January 1, 2024, those functions and authority shall be transferred to the department of law enforcement.

(k) Effective July 1, 1994, the functions and authority heretofore exercised by the adjutant general relating to security for national guard and state emergency management facilities in the Diamond Head complex, for after work hours, shall be transferred to the department of public safety; and effective January 1, 2024, those functions and authority shall be transferred to the department of law enforcement.

(l) Effective July 1, 2002, the functions and authority heretofore exercised by the director of public safety and the department of public safety relating to after hours security contracts at department of education facilities, including all security functions being performed by employees of the public library system, as well as the contractual security services for the libraries, shall be transferred to the department of education and the public library system as appropriate. [L 1989, c 211, §2; am L 1990, c 281, §2; am L 1991, c 114, §1; am L 1992, c 146, §3; am L 1993, c 6, §4; am L 1994, c 154, §2; am L 1995, c 58, §1; am L 1996, c 128, §2; am L 1998, c 11, §1, c 227, §3, and c 240, §6; am L 1999, c 134, §1; am L 2002, c 44, §2; am L 2004, c 44, §§26, 33; am L 2005, c 61, §2; am L 2006, c 229, §3; am L 2007, c 249, §§3, 4; am L 2014, c 111, §28; am L 2022, c 73, §2 and c 278, §21; am L 2025, c 298, §3]
Haw. Rev. Stat. § 28-8.3 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-8.3
Employment of attorneys.
Status: in_force

(a) No department of the State other than the attorney general may employ or retain any attorney, by contract or otherwise, for the purpose of representing the State or the department in any litigation, rendering legal counsel to the department, or drafting legal documents for the department; provided that the foregoing provision shall not apply to the employment or retention of attorneys:

(1) By the public utilities commission, the labor and industrial relations appeals board, and the Hawaii labor relations board;

(2) By any court or judicial or legislative office of the State; provided that if the attorney general is requested to provide representation to a court or judicial office by the chief justice or the chief justice's designee, or to a legislative office by the speaker of the house of representatives and the president of the senate jointly, and the attorney general declines to provide such representation on the grounds of conflict of interest, the attorney general shall retain an attorney for the court, judicial, or legislative office, subject to approval by the court, judicial, or legislative office;

(3) By the legislative reference bureau;

(4) By any compilation commission that may be constituted from time to time;

(5) By the real estate commission for any action involving the real estate recovery fund;

(6) By the contractors license board for any action involving the contractors recovery fund;

(7) By the office of Hawaiian affairs;

(8) By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485A;

(9) As grand jury counsel;

(10) By the Hawaii health systems corporation, or its regional system boards, or any of their facilities;

(11) By the auditor;

(12) By the office of ombudsman;

(13) By the insurance division;

(14) By the University of Hawaii;

(15) By the Kahoolawe island reserve commission;

(16) By the division of consumer advocacy;

(17) By the office of elections;

(18) By the campaign spending commission;

(19) By the Hawaii tourism authority, as provided in section 201B-2.5;

(20) By the division of financial institutions;

(21) By the office of information practices;

(22) By the school facilities authority;

(23) By the Mauna Kea stewardship and oversight authority ; or

(24) By a department, if the attorney general, for reasons deemed by the attorney general to be good and sufficient, declines to employ or retain an attorney for a department; provided that the governor waives the provision of this section.

(b) For purposes of this section the term "department" includes any department, board, commission, agency, bureau, or officer of the State.

(c) Every attorney employed by any department on a full-time basis, except an attorney employed by the public utilities commission, the labor and industrial relations appeals board, the Hawaii labor relations board, the office of Hawaiian affairs, the Hawaii health systems corporation or its regional system boards, the department of commerce and consumer affairs in prosecution of consumer complaints, insurance division, the division of consumer advocacy, the University of Hawaii, the Hawaii tourism authority as provided in section 201B-2.5, the Mauna Kea stewardship and oversight authority, the office of information practices, or as grand jury counsel, shall be a deputy attorney general.

(d) All attorneys retained by contract, whether by the attorney general or a department, shall be retained in accordance with chapter 103D. [L 1995, c 178, §1; am L 1996, c 52, §1, c 262, §4, and c 270, §4; am L 1997, c 251, §3; am L 1998, c 115, §5; am L 2000, c 105, §1 and c 272, §1; am L 2004, c 57, §5 and c 58, §§2, 14(2); am L 2005, c 22, §50; am L 2006, c 306, §1; am L 2007, c 290, §5; am L 2008, c 16, §3 and c 45, §1; am L Sp 2009, c 5, §12; am L 2010, c 84, §4; am L 2011, c 124, §39; am L 2015, c 92, §3; am L 2017, c 149, §1; am L 2021, c 217, §5; am L 2022, c 255, §3]
Haw. Rev. Stat. § 29-16 — HI Code / Division 1 / Title 4 / Chapter 29 / Section 29-16
Treasury as depository; duties of comptroller.
Status: in_force

[(a)] All federal-aid moneys received by the State, except as otherwise provided for by the federal government, shall be deposited with the director of finance and, subject to appropriation by the legislature or other law authorizing expenditure, shall be disbursed upon warrants drawn by the comptroller of the State supported by vouchers approved by the board, commission, department, or officer having charge of the expenditure of the moneys by virtue of the plan, agreement, or arrangement entered into or made with the proper federal agency.

[(b)] The comptroller may prescribe and maintain a system of accounts and accounting as may be required by the federal government, or any agency thereof, in carrying out the objects and purposes of the plan, agreement, or arrangement. [L 1939, c 196, §3; RL 1945, §404; RL 1955, §12-6; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §29-16; am L 2015, c 148, §2]
Haw. Rev. Stat. § 27-45 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-45
[ §27-45] Broadband-related permits; automatic approval.
Status: in_force

[ §27-45] Broadband-related permits; automatic approval. (a) The State shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee; provided that this subsection shall not apply to a conservation district use application for broadband facilities. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the State, the application shall be deemed approved by the State.

(b) The State shall approve, approve with modification, or disapprove use applications for broadband facilities within the conservation district within one hundred forty-five days of submission of a complete application and full payment of any applicable fee. If, on the one hundred forty-sixth day, an application is not approved, approved with modification, or disapproved by the State, the application shall be deemed approved by the State.

(c) Permits issued pursuant to this section shall contain the following language: "This is a broadband-related permit issued pursuant to section 27-45, Hawaii Revised Statutes."

(d) An applicant and a public utility shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology.

(e) No action shall be prosecuted or maintained against the State, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section, or against public utilities resulting from such actions.

(f) The sixty day time period established by subsection (a) shall be extended in the event of a natural disaster, state emergency, or union strike that prevents the applicant, agency, or department from fulfilling application review requirements.

(g) If an application is incomplete, the State shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The sixty-first day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice.

(h) Nothing in this section shall affect the provisions of section 3 of Act 151, Session Laws of Hawaii 2011.

(i) For the purposes of this section, "broadband-related permits" means all state permits required to commence actions with respect to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road rights-of-way, and undersea boring, or the landing of an undersea communications cable. The term does not include any state permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by the State. [L 2013, c 264, §§1, 5; am L 2016, c 193, §2]
Haw. Rev. Stat. § 30-2 — HI Code / Division 1 / Title 4 / Chapter 30 / Section 30-2
Definition.
Status: in_force

"Governor-elect" means the person who is the apparent successful candidate for the office of governor, as ascertained by the chief election officer following the general election.
Haw. Rev. Stat. § 26-16 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-16
Department of agriculture and biosecurity.
Status: in_force

(a) The department of agriculture and biosecurity shall be headed by an executive board to be known as the board of agriculture and biosecurity. The board shall consist of ten members:

(1) One who shall be a resident of the county of Hawaii;

(2) One who shall be a resident of the county of Maui;

(3) One who shall be a resident of the county of Kauai;

(4) Four at large; and

(5) The chairperson of the board of land and natural resources; the director of business, economic development, and tourism; and the dean of the University of Hawaii college of tropical agriculture and human resilience, or their designated representatives, who shall serve as ex officio, voting members.

The majority of the members of the board described in paragraphs (1) through (4) shall be f rom the agricultural community or agricultural support sector, with at least one member having a background in biosecurity. The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34. The governor shall appoint a chairperson of the board from the members.

(b) The board may delegate to the chairperson such duties, powers, and authority, or so much thereof, as may be lawful or proper for the performance of the functions vested in the board.

The chairperson of the board shall serve in a full-time capacity. The chairperson shall, in that capacity:

(1) Perform such duties and exercise such powers and authority, or so much thereof, as may be delegated to the chairperson by the board; and

(2) Identify problems related to agriculture and the appropriate state agencies and departments needed to solve the problem. With the approval of the governor, the designated agencies shall provide any necessary assistance to the chairperson until the problem is resolved.

(c) The department shall:

(1) Promote the conservation, development, and utilization of agricultural resources in the State;

(2) Assist the farmers of the State and any others engaged in agriculture by research projects, dissemination of information, crop and livestock reporting service, market news service, and any other means of improving the well-being of those engaged in agriculture and increasing the productivity of the lands;

(3) Administer the programs of the State relating to animal husbandry, entomology, farm credit, development and promotion of agricultural products and markets, and the establishment and enforcement of the rules on the grading and labeling of agricultural products; and

(4) Administer the aquaculture program under section 141-52.

(d) The functions and authority heretofore exercised by the board of commissioners of agriculture and forestry (except the management of state parks and the conservation, development, and utilization of forest resources, including regulatory powers over the forest reserve provided in Act 234, section 2, Session Laws of Hawaii 1957, and of fish and game resources transferred to the department of land and natural resources), by the farm loan board as heretofore constituted, and by the University of Hawaii with respect to the crop and livestock reporting service and market news service, are transferred to the department of agriculture and biosecurity established by this chapter. [L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1(f); am L 1963, c 206, §1; am L 1965, c 214, §1 and c 223, §8(c); Supp, §14A-21; am L 1967, c 145, §2; HRS §26-16; am L 1969, c 4, §1; am L 1973, c 15, §1; am L 1982, c 147, §1; am L 1983, c 12, §1 and c 141, §1; am L 1991, c 135, §1; am L 1995, c 69, §1; am L 1996, c 166, §2; am L 1998, c 176, §4; am L 2012, c 123, §2; am L 2022, c 134, §3; am L 2025, c 236, §§2, 17]
Haw. Rev. Stat. § 28-9 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-9
Additional deputies for acquisition of rights-of-way.
Status: in_force

The attorney general may appoint and employ deputy attorneys general, additional to those covered by the appropriation for the department of the attorney general, to provide legal services for the acquisition of rights-of-way and for proceedings therefor, and the compensation for such services shall be paid by the state department of transportation from the state highway fund.
Haw. Rev. Stat. § 30-6 — HI Code / Division 1 / Title 4 / Chapter 30 / Section 30-6
Budget request.
Status: in_force

The governor shall include in the budget transmitted to the legislature, for each fiscal year in which the governor's regular term of office will expire, a request for appropriation of $100,000 for carrying out the purposes of this chapter.
Haw. Rev. Stat. § 27G-6 — HI Code / Division 1 / Title 4 / Chapter 27G / Section 27G-6
Access Hawaii committee special fund.
Status: in_force

There is established in the state treasury the access Hawaii committee special fund, into which shall be deposited fees collected by the office of enterprise technology services for the purpose of supporting the access Hawaii committee. The chief information officer may appoint a portal program manager exempt from chapter 76, which may be funded by the access Hawaii committee special fund. Expenditures from the access Hawaii committee special fund shall be approved by the access Hawaii committee; provided that information on income and expenditures shall be subject to legislative review and oversight in each budget submittal from the department of accounting and general services.
Haw. Rev. Stat. § 26-12 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-12
Department of education.
Status: in_force

(a) The department of education shall be headed by an executive board to be known as the board of education.

(b) Under policies established by the board, the superintendent shall administer programs of education and public instruction throughout the State, including education at the primary and secondary school levels, adult education, school library services, health education and instruction (not including dental health treatment transferred to the department of health), special education and Title I funded programs at the prekindergarten level, and such other programs as may be established by law; provided that the department shall not establish general education prekindergarten classrooms, including private partnership-funded classrooms and classrooms to provide general education settings for children whose individualized education programs require such placement; provided further that the department may:

(1) Establish Title I-funded prekindergarten classrooms; and

(2) Directly accept private funding for the purpose of establishing public prekindergarten programs; provided further that:

(A) The department shall comply with section 302L-7;

(B) The department and the executive office on early learning shall sign a bilateral memorandum of agreement or understanding; and

(C) The department, the executive office on early learning, and the person or entity providing the private funding may sign a multilateral memorandum of agreement or understanding.

(c) If the private funding provided is insufficient to maintain the classroom operations of a public prekindergarten program established pursuant to subsection (b)(2), the department and executive office on early learning shall be prohibited from requesting additional funding from the legislature to pay for the remaining costs.

(d) The department shall collaborate with the executive office on early learning to coordinate services for children who are placed through their individualized education programs in a general education prekindergarten setting in a classroom offered by the executive office on early learning public prekindergarten program. Under policies established by the early learning board, the executive office on early learning shall have administrative authority over all state-funded prekindergarten programs, and private partnership-funded prekindergarten programs in the public schools, except for special education and Title I-funded prekindergarten programs. The state librarian, under policies established by the board of education, shall be responsible for the administration of programs relating to public library services and transcribing services for the blind.

(e) The functions and authority exercised by the department relating to state-funded prekindergarten programs, private partnership-funded prekindergarten programs in the public schools, and classrooms to provide general education settings for children whose individualized education programs require such placement, except for special education and Title I-funded prekindergarten programs, shall be transferred to the executive office on early learning; provided that the department shall continue to provide, and have administrative authority over:

(1) Services generally provided to the schools, excluding those services related to curriculum, instruction, assessment, and professional learning support, for any facility on a department school campus at which the executive office on early learning administers programs; and

(2) Public prekindergarten programs established pursuant to subsection (b)(2).

(f) The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.

(g) The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this subsection shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.

(h) The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this subsection shall constitute notice of termination.

(i) Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services, the board of education may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.

(j) Notwithstanding any law to the contrary, the board of education may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the board of education on matters relating to public library services in their respective county. [L Sp 1959 2d, c 1, §18; am L 1965, c 175, §41(a); Supp, §14A-17; HRS §26-12; am L 1970, c 59, §1; am L 1981, c 150, §1; am L 1997, c 202, §1; am L 2018, c 175, §1; am L 2019, c 276, §2; am L 2021, c 210, §3]
Haw. Rev. Stat. § 26-41 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-41
Temporary boards and commissions.
Status: in_force

The governor may establish such temporary boards and commissions as the governor may deem necessary to gather information or furnish advice for the executive branch. The governor may prescribe their organization, functions and authority. A temporary board or commission shall not remain in existence for a term extending beyond the last day of the second regular session of the legislature after the date of its establishment or beyond the period required to receive federal grants-in-aid, whichever occurs later, unless extended by concurrent resolution of the legislature.

All members of temporary boards and commissions shall serve without pay, but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of duties and responsibilities. The reimbursement for expenses shall be made from the governor's contingent fund. [L Sp 1959 2d, c 1, §30; Supp, §14A-29; HRS §26-41; gen ch 1985]
Haw. Rev. Stat. § 28-7 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-7
Accounts.
Status: in_force

The attorney general shall account, in the manner provided by law, for all fees, bills of costs and other moneys collected or received by the attorney general by virtue of the attorney general's office.
Haw. Rev. Stat. § 27-32 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-32
Maintenance of state parks.
Status: in_force

Notwithstanding any law to the contrary, the governor may enter into contracts with the several counties for their services in the repair, maintenance, and operation of the buildings and grounds of state parks and historical sites. In addition thereto, the governor may transfer functions covered herein, or any portion thereof, to the several counties; provided that any transfer of functions made under this authorization shall be temporary and shall be subject to the express approval of the next succeeding legislature.
Haw. Rev. Stat. § 26-9 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-9
Department of commerce and consumer affairs.
Status: in_force

(a) The department of commerce and consumer affairs shall be headed by a single executive to be known as the director of commerce and consumer affairs.

(b) The department shall protect the interests of consumers, depositors, and investors throughout the State. It shall set standards and enforce all laws and rules governing the licensing and operation of, and register and supervise the conduct of, trades, businesses, and professions, including banks, insurance companies, brokerage firms, and other financial institutions.

(c) The board of acupuncture, board of public accountancy, board of barbering and cosmetology, boxing commission, Hawaii board of chiropractic, contractors license board, board of dentistry, board of electricians and plumbers, elevator mechanics licensing board, board of professional engineers, architects, surveyors, and landscape architects, board of massage therapy, Hawaii medical board, motor vehicle industry licensing board, motor vehicle repair industry board, board of naturopathic medicine, board of nursing, Hawaii board of optometry, pest control board, board of pharmacy, board of physical therapy, board of psychology, board of private detectives and guards, real estate commission, Hawaii board of veterinary medicine, board of speech pathology and audiology, and any board, commission, program, or entity created pursuant to or specified by statute in furtherance of the purpose of this section including but not limited to section 26H-4, or chapters 484, 514B, and 514E shall be placed within the department of commerce and consumer affairs for administrative purposes.

The public utilities commission shall be placed, for administrative purposes only, within the department of commerce and consumer affairs. Notwithstanding section 26-9(e), (f), (g), (h), (j), (k), (l), (m), (n), (p), (q), (r), and (s), and except as permitted by sections 269-2 and 269-3, the department of commerce and consumer affairs shall not direct or exert authority over the day-to-day operations or functions of the commission . (d) Except as otherwise provided by this chapter, the functions, duties, and powers, subject to the administrative control of the director of commerce and consumer affairs, and the composition of each board and commission shall be as provided by law.

(e) Notwithstanding any provision to the contrary, the employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees under the administrative control of this department shall be determined by the director of commerce and consumer affairs subject only to applicable personnel laws.

(f) The director of commerce and consumer affairs may appoint a hearings officer or officers not subject to chapter 76 to hear and decide any case or controversy regarding licenses and the application and enforcement of rules involving any of the boards, commissions, or regulatory programs within the department of commerce and consumer affairs. The hearings officer or officers shall have power to issue subpoenas, administer oaths, hear testimony, find facts, and make conclusions of law and a recommended decision; provided that the conclusions and decisions shall be subject to review and redetermination by the officer, board, or commission which would have heard the case in the first instance in the absence of a hearings officer. The review shall be conducted in accordance with chapter 91.

(g) The director of commerce and consumer affairs may appoint an information officer not subject to chapter 76 who shall ensure the prompt and efficient handling of consumer inquiries and the development of a strong consumer education program.

(h) The director may appoint a complaints and enforcement officer not subject to chapter 76 who shall facilitate the receipt, arbitration, investigation, prosecution, and hearing of complaints regarding any person who furnishes commodities, services, or real estate for which a license, registration, or certificate is required from the department or any board, commission, or regulatory program thereunder. In representing the State in bringing any action to enjoin unlicensed, unregistered, or uncertified activities, the department of commerce and consumer affairs' attorneys shall be empowered to exercise all authority granted to the attorney general and to the director of the office of consumer protection under sections 487-12, 487-14, 480-3.1, 480-15, 480-15.1, 480-20(c), and 480-22, as these sections now exist and as they subsequently may be amended. The attorneys also shall be empowered to exercise all authority granted to the attorney general and to the responsible attorneys of the various counties under section 92F-13 in all cases involving documents and records within the custody or control of the regulated industries complaints office.

(i) The functions and authority previously exercised by the treasurer (except funds custody, cash management, debt management, and administering of veterans loans transferred to the department of budget and finance) as constituted are transferred to the department of commerce and consumer affairs established by this chapter.

(j) In the course of an investigation of matters affecting the interest of consumers, depositors, or investors, or of any other matter within the jurisdiction of the department, the director shall have the power to subpoena witnesses, examine witnesses under oath, and require the production of books, papers, documents, or objects that the director deems relevant or material to the inquiry. Upon application by the director, obedience to the subpoena may be enforced by the circuit court in the county in which the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court.

The director shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section may serve subpoenas and serve process and orders pursuant to section 634-21. Nothing in this subsection shall be construed to entitle persons appointed and commissioned by the director to retirement benefits applicable to police officers under chapter 88.

(k) The director may adopt, amend, or repeal rules pursuant to chapter 91 to effectuate the purposes of all laws within the jurisdiction of the department of commerce and consumer affairs. The director's authority to adopt rules shall not modify, impair, or otherwise affect the power of boards and commissions placed within the department of commerce and consumer affairs for administrative purposes from adopting, amending, or repealing rules, except as provided for in subsection (l).

(l) Any law to the contrary notwithstanding, the director of commerce and consumer affairs may:

(1) Establish, increase, decrease, or repeal fees relating to any aspect of the registration, certification, licensure, or any other administrative process for all laws within the jurisdiction of the department. Amendments to fee assessments shall be made pursuant to chapter 91;

(2) Assess fees for copies in any form of media of the computerized records of the business registration division or for electronic access to the computerized information on a one-time or on-going basis. The fees charged for the copies or access may include billing service fees, network usage fees, and computer consultant fees. In adopting these fees, the director shall take into account the intent to make the division self-supporting. To this end, the fees may reflect the commercial value of the service or information provided. In the case of requests for records by a nonprofit organization, the director may reduce or waive the fees. This paragraph shall control in any instance where there is a conflict between this paragraph and any other statute; and

(3) Assess fees for copies of consumer and business educational publications prepared or issued by the department. Fees collected under this paragraph shall be deposited into the compliance resolution fund under subsection (o). In the case of requests for copies by a nonprofit organization, the director may reduce or waive the fees. For purposes of this paragraph, "consumer and business educational publications" does not include copies of statutes or administrative rules.

The fees collected by the professional and vocational licensing division and the business registration division shall be deposited into the compliance resolution fund under subsection (o).

The director may appoint program specialists, not subject to chapter 76, to assist with the activities of the professional and vocational licensing division.

(m) Notwithstanding section 92-17 or any other law to the contrary, all boards, commissions, and regulatory programs placed within the department of commerce and consumer affairs for administrative purposes shall delegate their authority to receive, arbitrate, investigate, and prosecute complaints to the department.

(n) Each board and commission, as well as the director, by written order, may delegate to the executive secretary or other personnel of the department any of its powers or duties as it deems reasonable and proper for the administration of the licensing laws that are within the jurisdiction of the department of commerce and consumer affairs. The delegated powers and duties may be exercised by the executive secretary or other personnel of the department in the name of the board, commission, or the director. However, neither a board, a commission, nor the director shall delegate the authority to adopt, amend, or repeal rules or take final disciplinary action against a licensee.

(o) Every person licensed under any chapter within the jurisdiction of the department of commerce and consumer affairs and every person licensed subject to chapter 485A or registered under chapter 467B shall pay upon issuance of a license, permit, certificate, or registration a fee and a subsequent annual fee to be determined by the director and adjusted from time to time to ensure that the proceeds, together with all other fines, income, and penalties collected under this section, do not surpass the annual operating costs of conducting compliance resolution activities required under this section. The fees may be collected biennially or pursuant to rules adopted under chapter 91, and shall be deposited into the special fund established under this subsection. Every filing pursuant to chapter 514E or section 485A-202(a)(26) shall be assessed, upon initial filing and at each renewal period in which a renewal is required, a fee that shall be prescribed by rules adopted under chapter 91, and that shall be deposited into the special fund established under this subsection. Any unpaid fee shall be paid by the licensed person, upon application for renewal, restoration, reactivation, or reinstatement of a license, and by the person responsible for the renewal, restoration, reactivation, or reinstatement of a license, upon the application for renewal, restoration, reactivation, or reinstatement of the license. If the fees are not paid, the director may deny renewal, restoration, reactivation, or reinstatement of the license. The director may establish, increase, decrease, or repeal the fees when necessary pursuant to rules adopted under chapter 91. The director may also increase or decrease the fees pursuant to section 92-28.

There is created in the state treasury a special fund to be known as the compliance resolution fund to be expended by the director's designated representatives as provided by this subsection. Notwithstanding any law to the contrary, and as provided by section 241-7, all revenues, fees, and fines collected by the department shall be deposited into the compliance resolution fund. Unencumbered balances existing on June 30, 1999, in the cable television fund under chapter 440G, the division of consumer advocacy fund under chapter 269, the financial institution examiners' revolving fund, section 412:2-109, the special handling fund, section 414-13, and unencumbered balances existing on June 30, 2002, in the insurance regulation fund, section 431:2-215, shall be deposited into the compliance resolution fund. This provision shall not apply to the drivers education fund underwriters fee, sections 431:10C-115 and 431:10G-107, insurance premium taxes and revenues, revenues of the workers' compensation special compensation fund, section 386-151, the captive insurance administrative fund, section 431:19-101.8, the insurance commissioner's education and training fund, section 431:2-214, the medical malpractice patients' compensation fund as administered under section 5 of Act 232, Session Laws of Hawaii 1984, and fees collected for deposit in the office of consumer protection restitution fund, section 487-14, the real estate appraisers fund, section 466K-1, the real estate recovery fund, section 467-16, the real estate education fund, section 467-19, the contractors recovery fund, section 444-26, the contractors education fund, section 444-29, the condominium education trust fund, section 514B-71, and the mortgage foreclosure dispute resolution special fund, section 667-86. Any law to the contrary notwithstanding, the director may use the moneys in the fund to employ, without regard to chapter 76, hearings officers and attorneys. All other employees may be employed in accordance with chapter 76. Any law to the contrary notwithstanding, the moneys in the fund shall be used to fund the operations of the department. The moneys in the fund may be used to train personnel as the director deems necessary and for any other activity related to compliance resolution.

A separate special subaccount of the compliance resolution fund , to be known as the post-secondary education authorization special subaccount, shall be established for fees collected by the department of commerce and consumer affairs pursuant to chapter 305J . The special subaccount shall be governed by section 305J- 19 .

As used in this subsection, unless otherwise required by the context, " compliance resolution" means a determination of whether:

(1) Any licensee or applicant under any chapter subject to the jurisdiction of the department of commerce and consumer affairs has complied with that chapter;

(2) Any person subject to chapter 485A has complied with that chapter;

(3) Any person submitting any filing required by chapter 514E or section 485A-202(a)(26) has complied with chapter 514E or section 485A-202(a)(26);

(4) Any person has complied with the prohibitions against unfair and deceptive acts or practices in trade or commerce; or

(5) Any person subject to chapter 467B has complied with that chapter;

and includes work involved in or supporting the above functions, licensing, or registration of individuals or companies regulated by the department, consumer protection, and other activities of the department.

The director shall prepare and submit an annual report to the governor and the legislature on the use of the compliance resolution fund. The report shall describe expenditures made from the fund including non-payroll operating expenses.

(p) Any law to the contrary notwithstanding, the department of commerce and consumer affairs, or any board or commission placed within it for administrative purposes, may contract with professional testing services to prepare, administer, and grade examinations and tests for license applicants. For these purposes, the department may require applicants to pay the examination fee directly to the testing agency.

(q) Any law to the contrary notwithstanding, when any type of bond or insurance required to be maintained by any licensee under a regulatory program of the department of commerce and consumer affairs, or of any board or commission assigned to the department of commerce and consumer affairs, cannot reasonably be secured, the department, board, or commission may provide by rule for alternative forms of security to the consumer so long as that alternate security is no less than that provided by the type of bond or insurance initially required.

(r) Notwithstanding any other law to the contrary, the department of commerce and consumer affairs, or any board or commission placed within it for administrative purposes, may change any license renewal date by rules adopted in accordance with chapter 91.

(s) The director of commerce and consumer affairs may establish advisory committees, the members of which shall serve as consultants to the boards and to the director in their review of licensees referred for possible disciplinary action and as experts to the department for investigations and professional vocational licensing matters. Each advisory committee shall be appointed by the director from a list of licensees submitted annually by the board or by referral from the regulated industry for which an advisory committee is appointed. Each member of the committee shall serve until a new committee is established or until the particular case for which the member was designated a consultant or expert has been concluded.

All members of the advisory committee shall serve voluntarily and without compensation, but shall be paid reasonable allowances for travel and expenses that may be incurred as a result of performance of their duties on the committee. The costs shall be paid by the department.

Any member of the advisory committee shall be immune from civil liability for any act done in connection with this subsection. [L Sp 1959 2d, c 1, pt of §15; am L 1963, c 21, §1, c 111, §2, c 114, §4, and c 136, §1; Supp, §14A-14; HRS §26-9; am L 1970, c 63, §2; am L 1976, c 18, §1 and c 165, §8; am L 1980, c 92, §1; am L 1981, c 75, §1, c 82, §7, and c 136, §1; am L 1982, c 60, §1, c 203, §1, and c 204, §1; am L 1983, c 54, §1, c 124, §2, c 153, §5, and c 224, §2; am L 1984, c 45, §2, c 97, §1, and c 213, §7; am L 1985, c 58, §1, c 68, §1, c 115, §1, and c 276, §2; am L 1986, c 140, §1; am L 1988, c 101, §2, c 126, §1, and c 141, §4; am L 1989, c 211, §10; am L 1990, c 166, §3, c 281, §11, and c 285, §3; am L 1991, c 47, §1; am L 1993, c 173, §1, c 280, §24, and c 322, §1; am L 1994, c 279, §2; am L 1995, c 198, §2; am L 1997, c 87, §1, c 88, §1, c 223, §1, c 225, §1, c 231, §1, c 235, §1, and c 301, §2; am L 1999, c 129, §1 and c 248, §2; am L 2000, c 253, §150; am L 2002, c 16, §2, c 39, §1, and c 40, §1; am L 2004, c 116, §1 and c 164, §§ 4, 5; am L 2005, c 22, §2; am L 2006, c 229, § 2 and c 300, § 3; am L 2008, c 9, §3 and c 28, §3; am L 2009, c 77, §1 and c 129, §2; am L Sp 2009, c 22, §11(1); am L 2011, c 48, § § 7 , 45(5) ; am L 2012, c 182 , § 49; am L 2013, c 180, §4; am L 2014, c 108, §3; am L 2017, c 181, §5; am L 2018, c 203, §§ 2, 4, 6, and 8; am L 2022, c 72, §1 ]
Haw. Rev. Stat. § 26-54 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-54
Administrative director of the State.
Status: in_force

Effective July 1, 2004, the salary of the administrative director of the State shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salary of the administrative director of the State shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature.
Haw. Rev. Stat. § 26-6 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-6
Department of accounting and general services.
Status: in_force

(a) The department of accounting and general services shall be headed by a single executive to be known as the comptroller.

(b) The department shall:

(1) Preaudit and conduct after-the-fact audits of the financial accounts of all state departments to determine the legality of expenditures and the accuracy of accounts;

(2) Report to the governor and to each regular session of the legislature as to the finances of each department of the State;

(3) Administer the state risk management program;

(4) Establish and manage motor pools;

(5) Manage the preservation and disposal of all records of the State;

(6) Undertake the program of centralized engineering and office leasing services, including operation and maintenance and lease buyback processing pursuant to subsection (d) of public buildings, for departments of the State;

(7) Undertake the functions of the state surveyor;

(8) Establish accounting and internal control systems;

(9) Have the discretion to employ persons within the comptroller's office who shall be exempt from chapters 76 and 89 in support of communications, change management, and business process improvement programs as part of the State's information technology modernization efforts; provided that the persons shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state employee benefit program generally applicable to officers and employees of the State;

(10) Provide centralized computer information management and processing services through the chief information officer;

(11) Establish a program to provide a means for public access to public information and develop an information network for state government;

(12) Assume administrative responsibility for the office of information practices; and

(13) Approve state fleet acquisitions; provided that:

(A) Beginning January 1, 2022, all new light-duty motor vehicles that are passenger cars purchased for the State's fleet shall be zero-emission vehicles;

(B) Beginning as soon as practicable but no later than January 1, 2030, all new light-duty motor vehicles that are multipurpose passenger vehicles and trucks for the State's fleet shall be zero-emission vehicles; and

(C) The comptroller may authorize an exemption for new fleet vehicle purchases if zero-emission vehicles are demonstrated to be cost-prohibitive on a lifecycle basis or unsuitable for the vehicles' planned purpose, or if funds are unavailable.

For the purposes of this subsection:

"Light-duty motor vehicle" has the same meaning as defined in title 10 Code of Federal Regulations part 490.

"Multipurpose passenger vehicle" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3.

"Passenger car" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3.

"Truck" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3.

"Zero-emission vehicle" has the same meaning as specified in title 40 Code of Federal Regulations section 88.1.

(c) The state communication system shall be established to:

(1) Facilitate implementation of the State's distributed information processing and information resource management plans;

(2) Improve data, voice, and video communications in state government;

(3) Provide a means for connectivity among the state, university, and county computer systems; and

(4) Provide a long-term means for public access to public information.

(d) The department shall establish, coordinate, and manage a program to facilitate facility agreements between the State and private investors for the sale of facilities, excluding facilities managed or controlled by the department of transportation, to private investors; provided that each facility agreement contains the following requirements:

(1) The State shall sell the facility to the private investor, who shall:

(A) Renovate, improve, or construct a facility for the State and may maintain the facility; and

(B) Lease the facility to the State, pursuant to a building lease;

(2) The land upon which the facility rests shall not be sold to the private investor; provided that the land may be leased at a nominal rate to the private investor for a term that would, at a minimum, allow the private investor to recover the capital investment that has been made to the facility, including depreciation; and

(3) The State shall have the option of purchasing the facility from the private investor for the remaining balance of the debt service costs incurred by the private investor at any time.

For purposes of this subsection:

"Building lease" means a contract between the department of accounting and general services and a private investor in which the private investor leases an improved facility to the department for a specified period of time.

"Facility" means a building under the management and control of any state department.

"Facility agreement" means an agreement between the State and a private investor that, at a minimum, includes a description of the work to be done, the sale price for the facility, the duration of the agreement, the roles and responsibilities of the State and the private investor, and the terms and conditions for the lease.

"Private investor" means a nongovernmental entity.

(e) The department may adopt rules as may be necessary or desirable for the operation and maintenance of public buildings; for the operation and implementation of a program to provide a means for public access to the State's information network system and public information; and for the implementation of facility agreements pursuant to subsection (d). The rules shall be adopted pursuant to chapter 91.

(f) The King Kamehameha celebration commission shall be placed within the department of accounting and general services for administrative purposes. The functions, duties, and powers, subject to the administrative control of the comptroller, and the composition of the commission shall be as heretofore provided by law.

(g) The functions and authority heretofore exercised by the comptroller, board of commissioners of public archives, the archivist, the disposal committee, and the insurance management, surplus property management, and central purchasing functions of the bureau of the budget and the nonhighway functions of the department of public works as heretofore constituted are transferred to the department of accounting and general services established by this chapter.

(h) The department of accounting and general services shall preserve and protect Washington Place, including the grounds and the historic residence situated on its premises at Miller and Beretania Streets in Honolulu. The department shall administer, manage, operate, and maintain Washington Place and the trust fund created under subsection (i).

(i) There is established a trust fund in the state treasury to be known as the Washington Place trust fund, into which shall be deposited:

(1) All rents and fees collected for the use of Washington Place and from activities conducted on the premises;

(2) All other money received for the fund from any other source; and

(3) All income and interest earned or accrued on moneys deposited into the trust fund.

All moneys deposited into the trust fund shall be expended by the department of accounting and general services and used exclusively to implement the provisions of subsection (h), including for staff salaries and fringe benefits, and shall not be transferred, nor subject to transfer, to the general fund or any other fund in the state treasury. [L Sp 1959 2d, c 1, §12; am L 1963, c 77, §2; Supp, §14A-11; HRS §26-6; am L 1970, c 19, §1; am L 1981, c 82, §6; am L 1994, c 45, §1 and c 186, §2; am L 1995, c 126, §1; am L 2005, c 22, §1; am L 2013, c 113, §1; am L 2015, c 92, §2 and c 177, §3; am L 2016, c 58, §2; am L 2021, c 74, §7; am L 2024, c 19, §1 and c 140, §1]
Haw. Rev. Stat. § 28-16 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-16
Litigation deposits trust account.
Status: in_force

(a) There is created in the state treasury the litigation deposits trust account. There shall be deposited into this account all moneys received through any civil action in which the State is a party where the settlement amount is $100,000 or higher, except for those actions involving departments able to procure their own legal services as provided for by section 28-8.3 and where no other state statute or court order specifically provides for the deposit of moneys received through the action.

(b) The account shall be administered by the department of the attorney general. The department shall maintain accounting records of account moneys, including subsidiary records of individual litigation deposits and disbursements thereof. Moneys in the account may be separated into subsidiary accounts; provided that one subsidiary account shall not be commingled with moneys from another subsidiary account except for deposit or investment purposes under subsection (d).

(c) Disbursements from each subsidiary account maintained under subsection (b) may include attorney's fees and other necessary expenses that the department determines to be reasonable and directly related to prosecution of the civil action for which the subsidiary account is maintained; provided that in the case of moneys deposited as a result of recoveries by an agency to which a non-general fund applies, the moneys shall be held and disbursed intact for deposit to the credit of the non-general fund. Money deposited in the litigation deposits trust account pursuant to an order of the court shall be disbursed in accordance with the order of the court. Any residual funds remaining in a subsidiary account shall be transferred to the respective non-general fund with which the civil action is associated or, if no specific non-general fund applies, transferred to the emergency and budget reserve fund established pursuant to section 328L-3, no later than thirty days after the civil action for which the subsidiary account is maintained is closed and all costs of that civil action have been paid, unless otherwise provided for by statute.

(d) Moneys in the litigation deposits trust account may be invested by the department in securities as provided by section 36-21. Investment earnings shall be deposited in the general fund.

(e) The department shall submit a report to the legislature no later than twenty days prior to the convening of each regular session on:

(1) The transactions, by subsidiary account, that take place in the litigation deposits trust account for each fiscal year; and

(2) A summary of the collections made in any amount on behalf of other departments and agencies specifying the appropriate number of transactions and amount collected for each department and agency. [L 2002, c 178, §1; am L 2021, c 9, §1; am L Sp 2021, c 9, §53]
Haw. Rev. Stat. § 28-2 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-2
Prosecutes offenders, enforces bonds.
Status: in_force

The attorney general shall be vigilant and active in detecting offenders against the laws of the State, and shall prosecute the same with diligence. The attorney general shall also enforce all bonds and other obligations in favor of the State that may be placed in the attorney general's hands for that purpose, by any person having the lawful custody of the papers; and the attorney general shall likewise be diligent in prosecuting all persons who may obstruct any street, channel, harbor, wharf, or other highway, or any stream or public watercourse, or commit any trespass, or waste on any portion of the public domain, or other public property.
Haw. Rev. Stat. § 27-44.1 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-44.1
[ §27-44.
Status: in_force

[ §27-44.1] State liability for data sets. Data sets shall be available for informational purposes only. The State does not warrant the fitness of any data set for a particular purpose and shall not be liable for any deficiencies in the completeness or accuracy of any data set, except where the State's conduct would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct.
Haw. Rev. Stat. § 26-52 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-52
Department heads and executive officers.
Status: in_force

The salaries of the following state officers shall be as follows:

(1) The salary of the superintendent of education shall be set by the board of education. The superintendent shall be subject to an annual performance evaluation that is in alignment with other employee evaluations within the department of education and are based on outcomes determined by the board of education; provided that nothing shall prohibit the board of education from conditioning a portion of the salary on performance;

(2) The salary of the president of the university of Hawaii shall be set by the board of regents;

(3) Effective July 1, 2004, the salaries of all department heads or executive officers of the departments of accounting and general services; agriculture and biosecurity; attorney general; budget and finance; business, economic development, and tourism; commerce and consumer affairs; corrections and rehabilitation; Hawaiian home lands; health; human resources development; human services; labor and industrial relations; land and natural resources; law enforcement; taxation; and transportation shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries pursuant to section 26-56, unless rejected by the legislature; and

(4) The salary of the adjutant general shall be $85,302 a year. Effective July 1, 2007, and every six years thereafter, the salary of the adjutant general shall be as last recommended by the commission on salaries pursuant to section 26-56, unless rejected by the legislature, except that if the state salary is in conflict with the pay and allowance fixed by the tables of the regular Army or Air Force of the United States, the latter shall prevail. [L 1965, c 223, pt of §5; Supp, §4A-2; HRS §26-52; am L 1969, c 127, §2; am L 1970, c 105, §5; am L 1975, c 58, §6; am L 1982, c 129, §1(2) and c 204, §8; am L 1984, c 282, §1; am L 1986, c 128, §1(2); am L 1987, c 336, §3(3), c 338, §1(4), and c 339, §2(3); am L 1989, c 211, §5 and c 329, §1(2); am L 1990, c 293, §8; am L 1991, c 310, §2; am L 1992, c 203, §1; am L 1994, c 56, §3; am L 1996, c 219, §1; am L 1998, c 115, §4; am L 2000, c 183, §1; am L 2003, c 122, §3; am L 2006, c 299, §3; am L 2014, c 90, §§2, 4; am L 2022, c 278, §§4, 22; am L 2024, c 149, §§1, 2; am L 2025, c 236, §19]
Haw. Rev. Stat. § 26-2 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-2
Order of succession to offices of governor and lieutenant governor.
Status: in_force

(a) When the office of lieutenant governor is vacant by reason of the lieutenant governor's becoming governor, or the lieutenant governor's failure to qualify, or the lieutenant governor's removal from office, death, resignation, or otherwise, the powers and duties of the office of lieutenant governor shall devolve upon the president of the senate; or, if there is none or upon the president's failure to resign promptly from all legislative offices held by the president, then upon the speaker of the house of representatives; or if there is none or upon the speaker's failure to resign promptly from all legislative offices held by the speaker, then upon the attorney general, the director of finance, the comptroller, the director of taxation, and the director of human resources development in the order named; provided that any officer upon whom the powers and duties of the office of lieutenant governor devolve may decline the powers and duties without the officer's resignation from the office by virtue of the holding of which the officer qualifies to act as lieutenant governor, in which event the powers and duties will devolve upon the next officer listed in the order of succession.

(b) When the lieutenant governor is temporarily absent from the State or is temporarily disabled, the powers and duties of the office of the lieutenant governor shall devolve upon the foregoing officers, other than the president of the senate and the speaker of the house, in the order named.

(c) The powers and duties of any officer acting as lieutenant governor under this section shall include the powers and duties of the office of governor when that office is vacant, or when the governor is absent from the State or is unable to exercise and discharge the powers and duties of the governor's office, in addition to the other powers and duties of the lieutenant governor.

No person other than the elected governor or lieutenant governor shall become governor, provision being made by this section only for an acting governor.

(d) An officer succeeding to the powers and duties of the lieutenant governor, under subsection (b) of this section, may designate an officer in the office of the lieutenant governor to perform any or all functions other than those pertaining to the office of governor.

(e) During the period that any officer, under this section is exercising the powers and performing the duties of the office of governor or lieutenant governor by reason of a permanent vacancy therein, and not otherwise, the officer shall receive the compensation and perquisites of the governor or lieutenant governor, as the case may be.

(f) In a case covered by subsection (a), the taking of the oath of office by an officer, other than a legislative officer required to resign under subsection (a), shall be held to constitute the officer's resignation from the office by virtue of the holding of which the officer qualifies to act as lieutenant governor.

(g) No officer shall act as governor or lieutenant governor under subsection (a) or (b) of this section, unless the officer is eligible to the office of governor under the constitution. No officer other than a legislative officer shall act as governor or lieutenant governor under this section unless the officer has been appointed and confirmed prior to the time the powers and duties of the office of governor or of lieutenant governor devolve upon the officer. No officer shall act as governor or lieutenant governor under this section if the officer is under impeachment at the time the powers and duties of the office of governor or lieutenant governor devolve upon the officer. [L 1965, c 262, §1; Supp, §14A-8.5; HRS §26-2; gen ch 1985; am L 1994, c 56, §21]
Haw. Rev. Stat. § 27-4 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-4
Offenses and penalties not affected; suits and actions.
Status: in_force

No offense committed and no penalty or forfeiture incurred under the laws of the State or any county ordinance or rule or regulation shall be affected by the assignment of functions to the State by this chapter; provided that whenever any punishment, penalty, or forfeiture is mitigated by any provision of this chapter, such provision may be extended and applied to any judgment pronounced after May29, 1965. No suit or prosecution, pending at the time this chapter takes effect, shall be affected by this chapter. The right of any administrative officer of the county to institute proceedings for prosecution for an offense or any action to recover a penalty or forfeiture shall henceforth be vested in the head of the state department to which the function has been assigned by the governor or some person designated by the head of the department or the governor or as may be otherwise directed by law.

The right of appeal from administrative actions or determinations as provided by law shall not be impaired by this chapter.

Whenever a right of appeal from administrative actions or determinations is provided by law to any county for functions which are assigned to the State, the right of appeal shall lie to or from the state department to which the assignment of function has been made. The right of appeal shall exist to the same extent and in accordance with the procedure as immediately prior to July1, 1965. [L 1965, c 97, §6; Supp, §14B-5; HRS §27-4]
Haw. Rev. Stat. § 28-3 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-3
Gives opinions.
Status: in_force

The attorney general shall, when requested, give opinions upon questions of law submitted by the governor, the legislature, or its members, or the head of any department. The attorney general shall file a copy of each opinion with the lieutenant governor, the public archives, the supreme court library, and the legislative reference bureau within three days of the date it is issued. Opinions on file with the lieutenant governor, the public archives, and the supreme court library shall be available for public inspection. The legislative reference bureau shall furnish the members of the legislature with a list of the most recent opinions filed with the bureau, at least once a year, not later than twenty days before the beginning of each regular session.
Haw. Rev. Stat. § 27-22 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-22
§§27-22, 22.
Status: repealed

§§27-22, 22.5, 22.7, 23, 24 REPEALED. L 1989, c 327, §§5 to 9.
Haw. Rev. Stat. § 26-15 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-15
Department of land and natural resources.
Status: in_force

(a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources, except for matters relating to the state water code where the commission on water resource management shall have exclusive jurisdiction and final authority.

The board shall consist of seven members, one from each land district and three at large. The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34. At least one member of the board shall have a background in conservation and natural resources, as provided in section 171-4. At least one member, other than the member with a background in conservation and natural resources, shall have demonstrated expertise in native Hawaiian traditional and customary practices, as provided in section 171-4, to ensure assistance to the board to better administer the public lands and resources with respect to native Hawaiian issues and concerns, the public land trust obligations, and the recognition of native Hawaiian cultural values that are intrinsically tied to the `aina.

The governor shall appoint the chairperson of the board from among the members thereof.

The board may delegate to the chairperson such duties, powers, and authority, or so much thereof, as may be lawful or proper for the performance of the functions vested in the board.

The chairperson of the board shall serve in a full-time capacity. The chairperson, in that capacity, shall perform those duties, and exercise those powers and authority, or so much thereof, as may be delegated by the board.

(b) The department shall manage and administer the public lands of the State and minerals thereon and all water and coastal areas of the State except the commercial harbor areas of the State, including the soil conservation function, the forests and forest reserves, aquatic life, wildlife resources, state parks, including historic sites, and all activities thereon and therein including, but not limited to, boating, ocean recreation, and coastal areas programs.

(c) The functions and authority heretofore exercised by the commissioner and board of public lands (including the hydrography division and the bureau of conveyances), the Hawaii water authority, the commission on ground water resources, the Hawaii land development authority, the soil conservation committee, and the commission on historical sites and the function of managing the state parks and the function of promoting the conservation, development and utilization of forests, including the regulatory powers over the forest reserve, aquatic life and wildlife resources of the State heretofore exercised by the board of commissioners of agriculture and forestry as heretofore constituted are transferred to the department of land and natural resources established by this chapter. [L Sp 1959 2d, c 1, §21; am L 1961, c 132, §1(b) to (e); am L 1963, c 10, §1; am L 1965, c 223, §8(b); Supp, §14A-20; am L 1967, c 145, §1; HRS §26-15; am L 1983, c 15, §1; am L 1987, c 45, §3; am L 1991, c 272, §3; am L 1999, c 6, §1; am L 2002, c 16, §3; am L 2005, c 9, §1; am L 2014, c 104, §1]
Haw. Rev. Stat. § 27-2 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-2
Assignment of functions by governor; report.
Status: in_force

The governor may assign the functions in section 27-1, except the administration and operation of district courts, to such respective department or departments as can most appropriately and effectively perform the functions.
Haw. Rev. Stat. § 30-1 — HI Code / Division 1 / Title 4 / Chapter 30 / Section 30-1
Declaration of purpose.
Status: in_force

The legislature declares it to be the purpose of this chapter to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a governor and the inauguration of a new governor. The interest of the State requires that such transitions be accomplished so as to assure continuity in the conduct of the affairs of the state government. Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the State and its people. Accordingly, it is the intent of the legislature that appropriate actions be authorized and taken to avoid or minimize any disruption. In addition to the specific provisions contained in this chapter directed toward that purpose, it is the intent of the legislature that all officers of the state government so conduct the affairs of the state government for which they exercise responsibility and authority as:

(1) To be mindful of problems occasioned by transitions in the office of governor;

(2) To take appropriate lawful steps to avoid or minimize disruptions that might be occasioned by the transfer of the executive power; and

(3) Otherwise to promote orderly transitions in the office of governor. [L 1972, c 126, pt of §1; am L 2024, c 178, §3]
Haw. Rev. Stat. § 28-13 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-13
Antitrust trust fund.
Status: in_force

(a) There is established in the state treasury the antitrust trust fund, into which shall be deposited:

(1) Ten per cent of any antitrust judgment or settlement received by the State except where the deposit is inconsistent with the court order or settlement agreement relating to the amount; and

(2) Appropriations made by the legislature.

(b) The antitrust trust fund shall be administered by the department of the attorney general and shall be used for expenditures relating to the enforcement of antitrust laws, including but not limited to expenditures for training, equipment purchases, educational resources, and facilitating participation in antitrust lawsuits and investigations initiated by other states.

(c) All unencumbered and unexpended moneys in excess of $250,000 remaining on balance in the antitrust trust fund at the close of June 30 of each year shall lapse to the credit of the general fund.

(d) The department of the attorney general shall submit a report to the legislature no later than twenty days prior to the convening of each regular session to provide an accounting of the receipts and expenditures of the fund. [L 2001, c 97, §2]
Haw. Rev. Stat. § 26-22 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-22
Transfer of functions.
Status: in_force

Whenever the functions of a previously existing department, office, or other agency are transferred to any department established by this chapter, the newly established department shall succeed to all of the rights and powers exercised, and all of the duties and obligations incurred by the previously existing department, office, or agency in the exercise of the functions transferred, whether the powers, duties, and obligations are mentioned in or granted by any law, contract, or other document. All references in any such law, contract, or document to the previously existing department, office, or agency in connection with the functions transferred shall apply to the newly established department as if the latter were specifically named in the law, contract, or document in place of the previously existing department, office, or agency. [L Sp 1959 2d, c 1, §31; Supp, §14A-30; HRS §26-22]
Haw. Rev. Stat. § 27-6 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-6
Extended state information and services provided.
Status: in_force

The office of the governor shall receive and review requests from state agencies for providing information and services to the public. Upon determination of needed extension services, the office shall solicit the aid and cooperation of the counties. Joint efforts will be made to use existing state and county facilities, and to create new facilities if necessary.
Haw. Rev. Stat. § 29-17 — HI Code / Division 1 / Title 4 / Chapter 29 / Section 29-17
§§29-17 to 23 REPEALED.
Status: repealed

§§29-17 to 23 REPEALED. L 1994, c 186, §19.
Haw. Rev. Stat. § 27-21.2 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-21.2
§§27-21.
Status: repealed

§§27-21.2, 21.3 REPEALED. L 1988, c 244, §§5, 6.
Haw. Rev. Stat. § 28-13.5 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-13.5
Maui wildfires settlement trust fund.
Status: in_force

(a) There shall be established in the state treasury the Maui wildfires settlement trust fund, which shall be administered by the attorney general, and into which shall be deposited:

(1) Appropriations made by the legislature to the trust fund;

(2) All interest accruing from the investment of moneys in the trust fund; and

(3) Loans made to the trust fund.

(b) Moneys in the Maui wildfires settlement trust fund shall be used for the following purposes:

(1) Payment of eligible claims pursuant to the Maui wildfires settlement agreements; and

(2) Payment of administrative costs relating to the Maui wildfires settlement agreements.

(c) The Maui wildfires settlement trust fund shall be terminated upon payment of all claims and costs relating to settlement of claims under the Maui wildfires settlement agreements. Upon termination, moneys in the trust fund shall revert back to the State and shall lapse to the general fund; provided that any moneys advanced to the trust fund as a loan shall be repaid without interest.

(d) The director of finance may loan moneys to the Maui wildfires settlement trust fund from the general, special, or revolving funds of the State that, in the director of finance's judgment, are in excess of the amounts necessary for the State's requirements and will not impede or hamper the necessary financial operations of the State. The loans shall be without interest. All loans shall be repaid upon demand of the director of finance.

(e) Upon approval of the governor, the attorney general may expend up to the balance in the trust fund for costs as authorized by this section.

(f) Any individual who receives compensation from the Maui wildfires settlement trust fund under this section shall execute a release that releases the State from any and all liabilities arising out of the Maui wildfires.

(g) The department of the attorney general shall submit a report to the legislature no later than thirty days prior to the convening of each regular session that shall include their receipts and disbursements of the Maui wildfires settlement trust fund for the prior fiscal year. [L 2025, c 301, §2]
Haw. Rev. Stat. § 30-4 — HI Code / Division 1 / Title 4 / Chapter 30 / Section 30-4
Duties of outgoing governor.
Status: in_force

It shall be incumbent upon the outgoing governor to:

(1) Provide channels enabling the governor-elect to:

(A) Inform career civil servants of governor-elect's program goals and new policies;

(B) Effect communication channels with the administration of the governor. The governor-elect may obtain information from the governor's administration by circulating questionnaires or by other means. Information sought may include any questions which will effect the intent of the legislature in enacting this legislation, as expressed in section 30-1. Such contacts may also include inquiries designed to elicit descriptions of programs, recommendations, and justifications for elimination, curtailment, or expansion of services, projections of future developments or needs within program areas, recommendations for administrative changes, comments upon anticipated federal developments which might have program or budgetary implications for state programs, and elaboration of procedural details.

(2) Direct that official documents, vital information, and procedural manuals be given to the governor-elect upon the governor-elect's request. [L 1972, c 126, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 26-18 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-18
Department of business, economic development, and tourism.
Status: in_force

(a) The department of business, economic development, and tourism shall be headed by a single executive to be known as the director of business, economic development, and tourism.

The department shall undertake statewide business and economic development activities, undertake energy development and management, provide economic research and analysis, plan for the use of Hawaii's ocean resources, and encourage the development and promotion of industry and international commerce through programs established by law.

(b) The following are placed in the department of business, economic development, and tourism for administrative purposes as defined by section 26-35: Hawaii community development authority, Hawaii housing finance and development corporation, Hawaii technology development corporation, natural energy laboratory of Hawaii authority, and any other boards and commissions as shall be provided by law.

(c) The department of business, economic development, and tourism shall be empowered to establish, modify, or abolish statistical boundaries for cities, towns, or villages in the State and shall publish, as expeditiously as possible, an up-to-date list of cities, towns, and villages after changes to statistical boundaries have been made. [L Sp 1959 2d, c 1, §25; am L 1961, c 132, §1(h), (i); am L 1963, c 2, §1 and c 25, §2; Supp, §14A-24; HRS §26-18; am L 1981, c 98, §2; am L 1983, c 239, §2; am L 1987, c 336, §3(2) and c 337, §2; am L 1988, c 79, §1; am L 1989, c 26, §2; am L 1990, c 293, §8; am L 1991, c 3, §1; am L 1997, c 350, §5; am L 2003, c 92, §3; am L 2007, c 249, §42; am L 2015, c 35, §2; am L 2017, c 69, §4; am L 2021, c 153, §2]
Haw. Rev. Stat. § 26-19 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-19
Department of transportation.
Status: in_force

(a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and any other transportation facilities and activities as may be authorized by law.

(b) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include but not be limited to alternate work and school hours programs, bicycling programs, and ridesharing programs.

(c) The department shall develop and promote ridesharing programs that shall include but not be limited to carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.

(d) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.

(e) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.

(f) Notwithstanding any law to the contrary, the department of transportation may:

(1) Acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of:

(A) Climate mitigation and adaptation;

(B) Noise and visual buffer zones and barriers;

(C) Transportation projects pursuant to section 264-142;

(D) This section; or

(E) Title 15;

(2) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and

(3) Sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation;

provided that for the purposes of this subsection, the director of transportation shall be authorized to exercise all the powers vested in the board of land and natural resources for functions subject to chapter 171; provided further that if state lands, other than public lands, under the control and management of another department or agency are required by the department of transportation for the purposes of this section or title 15, the department or agency having control and management of the required lands shall, upon a request by the department of transportation and with the approval of the governor, transfer title to or lease those lands to the department of transportation under terms and conditions as may be agreed to by the parties. [L Sp 1959 2d, c 1, §26; Supp, §14A-25; HRS §26-19; am L 1980, c 220, §§1, 2; am L 1981, c 140, §1; am L 1983, c 43, §1; am L 1984, c 233, §1; am L 1989, c 31, §2; am L 1993, c 224, §§2, 6; am L 1995, c 25, §1; am L 1997, c 309, §4; am L 2013, c 285, §1; am L 2024, c 109, §1]
Haw. Rev. Stat. § 26-14 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-14
Department of human services.
Status: in_force

(a) The department of human services shall be headed by a single executive to be known as the director of human services.

(b) The department shall administer programs through an integrated and multigenerational approach designed to improve the social well-being, economic security, and productivity of the people of the State and to reduce the incidence of intergenerational poverty and dependence upon public benefits. Without limit to the generality of the foregoing, the department shall concern itself with problems of human behavior, adjustment, and daily living through the administration of programs of family, child and adult welfare, economic assistance, health care assistance, rehabilitation toward self-care and support, public housing, and other related programs provided by law.

(c) The functions and authority heretofore exercised by the department of public welfare, the bureau of sight conservation and work with the blind (except for the transcription services program transferred to the department of education), the council on veterans' affairs, and any other agency of the state or county governments with respect to the assistance and care of the indigent and medically indigent as heretofore constituted are transferred to the department of human services established by this chapter.

(d) The Hawaii public housing authority and the Hawaii state commission on the status of women are placed within the department of human services for administrative purposes only. [L Sp 1959 2d, c 1, §20; am L 1961, c 128, §4; am L 1963, c 193, §4; am L 1965, c 175, §41(b); Supp, §14A-19; am L 1967, c 274, §2; HRS §26-14; am L 1969, c 42, §1; am L 1970, c 105, §5; am L 1975, c 79, §1; am L 1976, c 92, §§6, 8; am L 1980, c 10, §1; am L 1983, c 74, §1; gen ch 1985; am L 1987, c 338, §1(3) superseded by c 339, §2(2); am L 1993, c 197, §2; am L 1996, c 186, §1; am L 1997, c 350, §4; am L 2003, c 92, §2; am L 2005, c 147, §2; am L 2007, c 249, §41; am L 2019, c 82, §2]
Haw. Rev. Stat. § 27-75 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-75
[ §27-75] Broadband revolving fund.
Status: in_force

[ §27-75] Broadband revolving fund. (a) There is established in the state treasury the broadband revolving fund to be administered by the broadband office, into which shall be deposited:

(1) Proceeds of leases of broadband infrastructure owned by the State;

(2) Appropriations by the legislature to the revolving fund; and

(3) Gifts, donations, and grants from public agencies and private persons.

All interest earned or accrued on moneys deposited into the revolving fund shall become a part of the revolving fund.

(b) Moneys in the broadband revolving fund shall be used for:

(1) Supporting broadband projects, excluding the deployment of broadband infrastructure for the provision of retail service ;

(2) Defraying the cost of internet services; and

(3) Funding positions for personnel to provide technical assistance to the community.

(c) Expenditures from the broadband revolving fund shall be made by the broadband office, advised by the information technology steering committee and subject to prior approval by the comptroller. [L 2025, c 201, pt of §1]
Haw. Rev. Stat. § 26-23 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-23
Assignment of functions.
Status: in_force

Any executive or administrative function of the state government that may not have been allocated to a principal department by this chapter shall be assigned by the governor to that department which the governor deems can most appropriately and effectively perform the function. [L Sp 1959 2d, c 1, §37; Supp, §14A-33; HRS §26-23; gen ch 1985]
Haw. Rev. Stat. § 30-5 — HI Code / Division 1 / Title 4 / Chapter 30 / Section 30-5
Budgetary information to be given governor-elect.
Status: in_force

If the governor under whose supervision the budget report has been prepared will be succeeded in office in December next following:

(1) The director of finance shall make available to the governor-elect so much as the governor-elect requests of the information upon which the governor's budget report is based, and upon completion of the governor's budget report shall supply the governor-elect with a copy thereof. The director of finance shall also make available all facilities reasonably necessary to permit the governor-elect to review and familiarize oneself with the governor's budget report.

(2) After a review of the governor's budget, the governor-elect may prepare revisions and additions thereto. The director of finance shall assist, upon request, in the preparation of such revisions or additions.

(3) The director of finance shall have as many copies of the revised budget report printed as the governor-elect requests.

(4) The director of finance shall compile a summary of the revised budget report containing the revenue and expenditure recommendations of the governor-elect and if requested by the governor-elect may transmit a copy of the revised budget report to each member of the legislature.

(5) Upon request, the director of finance shall distribute copies of the revised budget report, to public libraries, schools, and state officials. The director of finance shall make a reasonable number of copies of the revised budget report available to the general public. [L 1972, c 126, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 27-72 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-72
[ §27-72] Broadband office; establishment; strategic broadband coordinator; staff.
Status: in_force

[ §27-72] Broadband office; establishment; strategic broadband coordinator; staff. (a) There is established the broadband office within the department of accounting and general services for administrative purposes only.

(b) Without regard to section 26-34, the governor shall appoint a strategic broadband coordinator, who shall be exempt from chapter 76, to head the broadband office. [L 2025, c 201, pt of §1]
Haw. Rev. Stat. § 28-6 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-6
No fee; not to act as attorney.
Status: in_force

The attorney general shall not receive any fee or reward from or in behalf of any person or prosecutor, for services rendered in any prosecution or business to which it shall be the attorney general's official duty to attend; nor be concerned as counsel or attorney for either party in any civil action depending upon the same state of facts.
Haw. Rev. Stat. § 29-25 — HI Code / Division 1 / Title 4 / Chapter 29 / Section 29-25
Department of education; federal funds; general fund offset.
Status: in_force

(a) Federal impact aid, United States Department of Defense funds, and federal indirect overhead reimbursements received by the department of education shall not be returned to the general fund.

(b) If the amount of federal impact aid and United States Department of Defense funds received by the department of education exceeds the authorized appropriation in the general appropriations act or the supplemental appropriations act, then the governor shall:

(1) Allow the department of education to increase the federal fund expenditure ceiling for all program identification numbers, each by an amount proportionate to its portion of the total general fund appropriation made by the legislature and by the amount that the federal impact aid and United States Department of Defense funds received by the department of education exceeds the authorized appropriation in the general appropriations act or the supplemental appropriations act; and

(2) Allow the department of education to retain the full amount of the general fund offset created by increased impact aid receipts; provided that the department shall not use the general fund offset to create new programs or expand existing programs.

(c) Beginning July 1, 2004, and for each fiscal year thereafter, the department of education may set aside $100,000 of federal impact aid moneys received pursuant to this section to:

(1) Establish and fund a permanent, full-time military liaison position within the department of education; and

(2) Fund the joint venture education program to facilitate interaction between the military community and the department of education.

The military liaison position established under paragraph (1) shall be exempt from chapter 76 but shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State.

(d) The department of education shall submit a report to the legislature, not fewer than twenty days prior to the convening of each regular session, concerning the exact amount and specific nature of federal impact aid, United States Department of Defense funds, and federal indirect overhead reimbursements received under this section. [L 2000, c 234, §1; am L 2004, c 147, §1]
Haw. Rev. Stat. § 28-8 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-8
First deputy attorney general; other deputies.
Status: in_force

(a) The attorney general shall appoint, and at the attorney general's pleasure remove, a first deputy attorney general and other deputies and law clerks as the exigencies of the public service may require, and shall be responsible for all of the acts of the first deputy attorney general, other deputies, and law clerks. They shall act under the direction of the attorney general and shall perform duties as the attorney general may require regardless of the source of funding for their compensation and notwithstanding any law to the contrary, except that the attorney general shall not require the performance of duties that would violate the terms of an applicable funding source or that would be in contravention of a federal requirement, restriction, or condition. The first deputy attorney general and other deputies, subject to the attorney general's directions, may perform or exercise any and all duties or powers by law required of or conferred upon the attorney general.

(b) The attorney general may appoint and, by contract, retain the services of special deputies to perform such duties and exercise such powers as the attorney general may specify in their several appointments. The special deputies shall serve at the pleasure of the attorney general. At the option of the attorney general, special deputies may be compensated on a fixed-price basis, an hourly rate basis, with or without a fixed cap, or, if a special deputy has been appointed to represent the State in an action by the State pursuant to section 661-10, through a contingent fee arrangement to be specified in the contract and payable out of all sums the special deputy recovers for the State by judgment, order, or settlement. [L 1866, p 18; RL 1925, §1494; RL 1935, §508; am L 1937, c 52, §1; RL 1945, §1509; RL 1955, §30-9; am L 1963, c 54, §1; HRS §28-8; am L 1982, c 68, §1; gen ch 1985; am L 1995, c 73, §1; am L 2001, c 46, §1; am L 2006, c 48, §2]
Haw. Rev. Stat. § 28-8.5 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-8.5
Special assistant to the attorney general; appointment and duties; secretary.
Status: in_force

The attorney general may appoint, and at the attorney general's pleasure dismiss, a special assistant to the attorney general who shall generally assist the attorney general, as the attorney general may require, in the initiation, direction, or monitoring of administrative or managerial special projects that the attorney general has determined to be necessary. In addition, the special assistant shall, as the attorney general may direct, serve as the attorney general's representative to, and monitor and apprise the attorney general of the activities of, the various national, regional, state, and local organizations and committees in which the attorney general has membership, participation, or interest. The special assistant to the attorney general shall be appointed without regard to chapter 76, need not be an attorney, and shall hold no other public or private office or employment. Section 26-53 shall not be applicable to the special assistant to the attorney general. The attorney general may also appoint, without regard to chapter 76, one secretary for the special assistant to the attorney general.
Haw. Rev. Stat. § 27C-1 — HI Code / Division 1 / Title 4 / Chapter 27C / Section 27C-1
Purpose.
Status: in_force

The purpose of this chapter is to provide a centralized, statewide information service, through which the public's information needs can be most effectively served and by which agencies can coordinate and maintain communication with the community.
Haw. Rev. Stat. § 26-3 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-3
Position of administrative director created.
Status: in_force

The governor shall appoint, and may remove, an administrative director, without regard to chapter 76. The administrative director shall be experienced in the operations of government. The administrative director shall assist the governor by gathering and collating information concerning the functioning of the state government, by establishing and maintaining liaison among the several departments, by preparing the agenda for cabinet meetings, by administering management improvement programs, and in such other manner as the governor may direct.

The administrative director shall be a member of the state employees' retirement system and shall be included under the operations of the federal social security program or any other state or federal employee benefit program generally applicable to officers and employees of the State. [L 1959, c 273, §§1, 2; am L 1962, c 28, §24; am L 1965, c 223, §8(a); Supp, §14A-7; HRS §26-3; gen ch 1985; am L 2000, c 253, §150]
Haw. Rev. Stat. § 27G-2 — HI Code / Division 1 / Title 4 / Chapter 27G / Section 27G-2
Charges for services.
Status: in_force

Any law to the contrary notwithstanding, government agencies may charge for value added electronic services provided through the portal manager.
Haw. Rev. Stat. § 27-44.3 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-44.3
Data set policies and procedures.
Status: in_force

(a) The chief data officer, in consultation with the data task force and the office of information practices, shall develop policies and procedures to implement section 27-44, including standards to determine the data sets that are appropriate for online disclosure as provided in section 27-44 and the data set format standards to be used by all agencies in making their data sets available; provided that the standards shall not require the departments to post information that is otherwise required to be disclosed under chapter 92F, but is personally identifiable information, information that may pose a personal or public security risk, is of minimal public interest, or is otherwise inappropriate for online disclosure as part of a data set.

(b) The policy and procedures shall include the following:

(1) Technical requirements with the goal of making data sets available to the greatest number of users and for the greatest number of applications, including whenever practicable, the use of machine readable, nonproprietary technical standards for web publishing; and

(2) Guidelines for departments to follow in making data sets available. [L 2013, c 263, pt of §2; am L 2022, c 167, §4]
Haw. Rev. Stat. § 27-5 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-5
Modification to preserve federal aid or bond obligations.
Status: in_force

The governor may, only to the extent necessary to preserve the receipt of any federal aid and not to impair the obligation of the State or counties to the holders of any bonds issued by the State or counties, modify the strict provisions of this chapter and shall promptly report any such modification with the governor's reasons therefor to the succeeding legislature for review.
Haw. Rev. Stat. § 27-8 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-8
Contracts for food; percentage to be grown within the State.
Status: in_force

(a) The department of education, department of health, department of corrections and rehabilitation, department of defense, and university of Hawaii system shall each ensure that a certain percentage of the food purchased for public schools, youth campuses, public hospitals, public prisons, and any purchases made directly by the university of Hawaii for use in its academic programs, as applicable, is fresh local agricultural products and local value-added, processed, agricultural, or food products, as follows:

(1) By January 1, 2025, fresh local agricultural products and local value-added, processed, agricultural, or food products shall constitute a minimum of ten per cent of the total food purchased during each calendar year, as measured by the per cent of total food cost; provided that the department of education shall be exempt from the requirements of this paragraph;

(2) By January 1, 2030, fresh local agricultural products and local value-added, processed, agricultural, or food products shall constitute a minimum of eighteen per cent of the total food purchased during each calendar year, as measured by the per cent of total food cost; provided that the department of education shall be exempt from the requirements of this paragraph and instead shall be subject to the requirements in section 302A-405.6(a);

(3) By January 1, 2035, fresh local agricultural products and local value-added, processed, agricultural, or food products shall constitute a minimum of twenty-six per cent of the total food purchased during each calendar year, as measured by the per cent of total food cost; provided that the department of education shall be exempt from the requirements of this paragraph;

(4) By January 1, 2040, fresh local agricultural products and local value-added, processed, agricultural, or food products shall constitute a minimum of thirty-four per cent of the total food purchased during each calendar year, as measured by the per cent of total food cost;

(5) By January 1, 2045, fresh local agricultural products and local value-added, processed, agricultural, or food products shall constitute a minimum of forty-two per cent of the total food purchased during each calendar year, as measured by the per cent of total food cost; and

(6) By January 1, 2050, fresh local agricultural products and local value-added, processed, agricultural, or food products shall constitute a minimum of fifty per cent of the total food purchased during each calendar year, as measured by the per cent of total food cost.

(b) The department of education, department of health, department of corrections and rehabilitation, department of defense, and University of Hawaii system shall each submit a report to the legislature no later than twenty days prior to the convening of each regular session on progress made toward meeting the benchmarks described in subsection (a), including:

(1) The total cost of food purchased during the calendar year preceding that regular session, or in the case of the department of education, during the school year preceding that regular session;

(2) The percentage of the total cost of food purchased during the calendar year preceding that regular session, accounted for by the total cost of fresh local agricultural products and local value-added, processed, agricultural, or food products purchased, or in the case of the department of education, during the school year preceding that regular session; and

(3) If the department or University of Hawaii system did not meet the relevant benchmark described in subsection (a), an explanation of why the department or University of Hawaii system did not meet that benchmark.

(c) As used in this section:

"Fresh local agricultural products" means fruits, vegetables, nuts, coffee, eggs, poultry and poultry products, livestock and livestock products, milk and milk products, aquacultural and maricultural products, and horticultural products, that are one hundred per cent grown, raised, and harvested in Hawaii.

"Local value-added, processed, agricultural, or food products" means a product for which at least fifty-one per cent of its primary agricultural product is grown, raised, and harvested in Hawaii.

"Primary agricultural product" means the major agricultural product in a processed or value-added agricultural or food product. [L 2021, c 176, §2; am L 2022, c 144, §2 and c 278, §55; am L 2025, c 137, §2]
Haw. Rev. Stat. § 26-14.8 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-14.8
Department of law enforcement.
Status: in_force

(a) The department of law enforcement shall be headed by a single executive to be known as the director of law enforcement.

(b) The director of law enforcement shall appoint, without regard to chapter 76, two deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director, one deputy director shall oversee the law enforcement programs of the department of law enforcement and one deputy director shall oversee administration of the department of law enforcement.

(c) The department of law enforcement shall be responsible for the formulation and implementation of state policies and objectives for security, law enforcement, and public safety programs and functions, for the service of process, and for the security of state buildings and state land. [L 2022, c 278, §2]
Haw. Rev. Stat. § 27-9 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-9
[ §27-9] Public employee parking facilities.
Status: in_force

[ §27-9] Public employee parking facilities. (a) The department of accounting and general services, in collaboration with the department of transportation, shall develop, implement, administer, and manage a program to allow two or more public employees of the State to share the cost of a parking stall and allow multiple cars to use that stall as appropriate; provided that the total cost for sharing a parking stall between two or more employees shall not exceed the cost of any one stall for any one employee.

(b) The department of accounting and general services, in collaboration with the department of transportation, shall develop, implement, administer, and manage a pilot project to provide a reasonable number of secure, enclosed bicycle storage lockers at two facilities where vehicle parking is made available to public employees of the State by the department of accounting and general services; provided that the employee cost of secure storage of a bicycle in an enclosed locker shall not exceed twenty per cent of the cost of a vehicle parking stall. [L 2023, c 202, §2]
Haw. Rev. Stat. § 26-5 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-5
Department of human resources development.
Status: in_force

(a) The department of human resources development shall be headed by a single executive to be known as the director of human resources development. The director shall:

(1) Facilitate and expedite the hiring and recruitment for civil service positions under the jurisdiction of the department of human resources development; and

(2) Have the authority to reclassify and abolish vacant positions within state departments and agencies that are under the jurisdiction of the department of human resources development, subject to the following conditions:

(A) Prior to reclassifying or abolishing any vacant position as provided under this paragraph, the director shall submit a report to the legislature no later than twenty days prior to each regular session. The report shall include a list of vacant positions for reclassification or abolishment, identify the agency each position is attached to, provide reasons for reclassifying or abolishing the position, and state the duration that the position has been vacant; and

(B) The director may reclassify or abolish any vacant position as provided under this paragraph no earlier than sixty days after the report has been submitted to the legislature as provided under subparagraph (A).

(b) The department shall administer the state human resources program, including human resources development and training, and central human resources services such as recruitment, examination, classification, pay administration, and payment of any claims as required under chapter 386.

(c) There shall be within the department of human resources development a board to be known as the merit appeals board, which shall sit as an appellate body on matters set forth in section 76-14. The board shall consist of three members. All members shall have knowledge of public employment laws and prior experience with public employment; provided that at least one member's experience was with an employee organization as a member or an employee of that organization and at least one member's experience was with management. The governor shall consider the names of qualified individuals submitted by employee organizations or management before appointing the members of the board. The chairperson of the board shall be designated as specified in the rules of the board.

(d) The provisions of section 26-34 shall not apply and the board members shall be appointed by the governor for four-year terms and may be reappointed without limitation; provided that the initial appointments shall be for staggered terms, as determined by the governor. The governor shall fill any vacancy by appointing a new member for a four-year term. The governor may remove for cause any member after due notice and public hearing.

(e) Nothing in this section shall be construed as in any manner affecting the civil service laws applicable to the several counties, the judiciary, or the Hawaii health systems corporation or its regional system boards, which shall remain the same as if this chapter had not been enacted.

(f) There is established in the state treasury the human resources development special fund, to be administered by the department of human resources development, which shall consist of:

(1) All revenues received by the department as a result of entrepreneurial efforts in securing new sources of funds not provided for in the department's budget for services rendered by the department;

(2) All revenues received by the department from the charging of participant fees for in-service training that are in addition to general fund appropriations in the department's budget for developing and operating in-service training programs;

(3) Appropriations made by the legislature to the fund; and

(4) Moneys directed to the department from any other source, including gifts, grants, and awards.

(g) Moneys in the human resources development special fund shall be used for the following purposes:

(1) Supporting the department's entrepreneurial initiatives, training activities, and programs;

(2) Administrative costs of the department's entrepreneurial initiatives, training activities, and programs; and

(3) Any other purpose deemed necessary by the director for the purpose of facilitating the department's entrepreneurial initiatives, training activities, and programs.

(h) The department of human resources development shall submit, no later than twenty days prior to the convening of each regular session of the legislature, a report of the number of exempt positions that were converted to civil service positions during the previous twelve months. The report shall include but not be limited to:

(1) When the position was established;

(2) The purpose of the position;

(3) Rationale for the conversion; and

(4) How many exempt positions remain in each state department after the conversions. [L Sp 1959 2d, c 1, §11; am L 1965, c 206, §1; Supp, §14A-10; HRS §26-5; am L 1969, c 41, §1; gen ch 1985; am L 1994, c 56, §2; am L 2000, c 253, §2; am L 2001, c 123, §9; am L 2006, c 300, §21; am L 2007, c 290, §3; am L 2019, c 57, §2; am L 2023, c 151, §1]
Haw. Rev. Stat. § 27-74 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-74
[ §27-74] Broadband planning and coordination; cooperation.
Status: in_force

[ §27-74] Broadband planning and coordination; cooperation. (a) The broadband office shall:

(1) Seek input and the widest possible cooperation from public and private agencies and individuals to achieve the purposes of this part;

(2) Work closely with and assist the counties in the promotion of coordinated state and county broadband planning;

(3) Encourage every state department, county agency, and other public or private agencies and individuals involved in broadband programs to participate in the activities of the office and incorporate, to the extent feasible, the ideas and suggestions of the participants in the office's comprehensive planning goals;

(4) Monitor the broadband-based development efforts of other states and nations in areas such as business, education, and health;

(5) Advise the department of accounting and general services on other states' best practices involving policies and strategies related to making affordable broadband services available to every home and business in the State;

(6) Monitor broadband-related activities at the federal level;

(7) Encourage public-private partnerships to increase the deployment and adoption of broadband services and applications;

(8) Monitor regulatory and policy changes for potential impact on broadband deployment and sustainability in the State; and

(9) Advise the comptroller on broadband deployment.

(b) Nothing in this section shall be construed to delegate, or detract in any way from, the functions, powers, and duties conferred by law or rule on any department or agency of the State or county. [L 2025, c 201, pt of §1]
Haw. Rev. Stat. § 28-10 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-10
Prohibition on private practice of law by the attorney general, first deputy, and other deputies.
Status: in_force

The attorney general, the attorney general's first deputy, and other deputies shall devote their entire time and attention to the duties of their respective offices. They shall not engage in the private practice of law, nor accept any fees or emoluments other than their official salaries for any legal services. This section shall not apply to any special deputy employed on a part-time basis for a limited period.
Haw. Rev. Stat. § 28-10.6 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-10.6
Crime research, prevention, and education; administrator and staff.
Status: in_force

(a) The department of the attorney general shall initiate, develop, and perform or coordinate programs, projects, and activities, as determined by the attorney general, on the subject of crime, including but not limited to crime research, prevention, and education. The attorney general may:

(1) Research, evaluate, and make recommendations regarding crime, crime prevention, and the criminal justice system to the governor, the legislature, the judiciary, criminal justice agencies, or the general public, as appropriate;

(2) Develop and implement or coordinate statewide crime prevention programs and activities including:

(A) Providing crime prevention training programs for law enforcement agencies, citizens, businesses, and civic groups; and

(B) Assisting in the organization of crime prevention teams in communities to encourage the development of community crime prevention programs;

(3) Develop public education programs through various broadcast or print media to provide to the general public information that will assist citizens in developing the knowledge and confidence to prevent crime and to avoid becoming victims of crime;

(4) Establish, as deemed by the attorney general to be necessary or appropriate, citizen and government agency representative study teams to study specific crime subjects or criminal justice system problems, in order to obtain input or advice from a more specialized segment of the criminal justice or public community on those specific matters; and

(5) Establish trust funds or accounts and receive and expend financial grants and donations for crime research, prevention, or education.

(b) The attorney general may employ, without regard to chapter 76, and at the attorney general's pleasure dismiss, an administrator to oversee and carry out the programs, projects, and activities on the subject of crime, as set forth in subsection (a). The attorney general may also employ other support staff, in accordance with chapter 76, necessary for the performance or coordination of the programs, projects, and activities on the subject of crime. [L 1989, c 332, pt of §1; am L 2000, c 253, §150; am L 2006, c 300, §5]
Haw. Rev. Stat. § 27-41.1 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-41.1
[ §27-41.
Status: in_force

[ §27-41.1] Definitions. For purposes of this part:

"Data" means final versions of statistical or factual information:

(1) In alphanumeric form reflected in a list, table, graph, chart, or other nonnarrative form, that can be digitally transmitted or processed; and

(2) Regularly created or maintained by or on behalf of and owned by an executive branch department that records a measurement, transaction, or determination related to the mission of that executive branch department.

"Data set" means a named collection of related records on an electronic storage device, with the collection containing individual data units organized or formatted in a specific and prescribed way, often in tabular form, and accessed by a specific access method that is based on the data set organization; provided that a data set shall not include any data that is protected from disclosure under applicable federal or state law, or contract, or data that is proprietary. [L 2013, c 263, pt of §2]
Haw. Rev. Stat. § 26-35 — HI Code / Division 1 / Title 4 / Chapter 26 / Section 26-35
Administrative supervision of boards and commissions.
Status: in_force

(a) Whenever any board or commission is established or placed within or transferred to a principal department for administrative purposes or subject to the administrative control or supervision of the head of the department, the following provisions shall apply except as otherwise specifically provided by this chapter:

(1) The head of the department shall represent the board or commission in communications with the governor and with the legislature; unless the legislature or a legislative committee requests to communicate directly with the board or commission;

(2) The financial requirements from state funds of the board or commission shall be submitted through the head of the department and included in the budget for the department;

(3) All rules adopted by the board or commission shall be subject to the approval of the governor;

(4) The employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the board or commission shall be determined by the board or commission subject to the approval of the head of the department and to applicable personnel laws;

(5) All purchases of supplies, equipment, or furniture by the board or commission shall be subject to the approval of the head of the department;

(6) The head of the department shall have the power to allocate the space or spaces available to the department and which are to be occupied by the board or commission;

(7) Any quasi-judicial functions of the board or commission shall not be subject to the approval, review, or control of the head of the department; and

(8) Except as set forth hereinabove, the head of the department shall not have the power to supervise or control the board or commission in the exercise of its functions, duties, and powers.

(b) Every board or commission established or placed within a principal department for administrative purposes or subject to the administrative control or supervision of the head of the department shall be considered an arm of the State and shall enjoy the same sovereign immunity available to the State. [L Sp 1959 2d, c 1, §6; am L 1965, c 96, §140; Supp, §14A-4; HRS §26-35; am L 2004, c 16, §1; am L 2008, c 60, §2]
Haw. Rev. Stat. § 27-14 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-14
Transfer of real property.
Status: in_force

No real property or improvements thereon belonging to the several counties and used in the performance of the functions and services covered in this part shall be required to be conveyed to the State; provided that any real property and improvements related and necessary to the performance of the duties covered in section 27-11 shall be reported to the next succeeding legislature by the appropriate department which shall include in the report thereof recommendations for the disposition of the real property and improvements.
Haw. Rev. Stat. § 28-91.5 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-91.5
Medicaid investigations recovery fund; established.
Status: in_force

There is established in the state treasury the medicaid investigations recovery fund as a special fund, and which is to be administered by the department of the attorney general, into which shall be deposited all funds that have been recovered as a result of medicaid fraud settlements. Moneys from this special fund shall be used to support a portion of operating expenses of the medicaid fraud unit within the department of the attorney general. [L Sp 1995, c 15, §1]
Haw. Rev. Stat. § 27-12 — HI Code / Division 1 / Title 4 / Chapter 27 / Section 27-12
§§27-12, 13 REPEALED.
Status: repealed

§§27-12, 13 REPEALED. L 1988, c 244, §§2, 3.
Haw. Rev. Stat. § 29-15.5 — HI Code / Division 1 / Title 4 / Chapter 29 / Section 29-15.5
Indemnification of federal agencies.
Status: in_force

(a) To receive federal aid, assistance, support, benefits, services, and interests in or rights to use federal property, a state agency may agree in writing to an indemnity provision by which the State agrees to indemnify, defend, and hold harmless a United States agency, its officers, agents, and employees when all of the following conditions are satisfied:

(1) Federal law expressly or by clear implication requires the indemnity provision;

(2) The governor, following a favorable review by the department of the attorney general, approves the State's proposed indemnification; and

(3) The comptroller, pursuant to chapter 41D, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the State that reasonably may be anticipated to arise under the indemnity provision or has determined that it is not in the best interest of the State to obtain insurance.

(b) An indemnity provision not in strict compliance with this section shall not give rise to a claim against the State under chapter 661 or otherwise waive the State's sovereign immunity.

(c) This section shall not affect sections 201H-152(b)(2), 212-7, or 523A-64. [L 1997, c 168, §1; am L 1998, c 11, §2; am L 2007, c 249, §5]
Haw. Rev. Stat. § 28-7.5 — HI Code / Division 1 / Title 4 / Chapter 28 / Section 28-7.5
Administrative services manager; appointment and duties.
Status: in_force

The attorney general may appoint and, at the attorney general's pleasure, dismiss an administrative services manager of the department of the attorney general who shall generally assist the attorney general, as the attorney general may require, in the performance of the administrative and managerial duties of the attorney general that are not required to be performed by an attorney. The administrative services manager shall be appointed without regard to chapter 76, need not be an attorney, and shall hold no other public or private office or employment. Section 26-53 shall not apply to the administrative services manager of the department of the attorney general.