Haw. Rev. Stat. § 128D-2 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-2
Environmental response revolving fund; uses.
Status: in_force

(a) There is created within the state treasury an environmental response revolving fund, which shall consist of moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, all interest attributable to investment of money deposited in the fund, moneys deposited in the fund from the environmental response, energy, and food security tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources.

(b) Moneys from the fund shall be expended by the department for the following:

(1) Removal, remediation, and detection of oil and pollutant or contaminant releases;

(2) Removal and remediation of hazardous waste and any other solid, liquid, or gaseous substance that may harm the environment; and

(3) The payment of costs listed under section 128D-4(c).

(c) The unexpended and unencumbered moneys in the fund in excess of $1,250,000 on June 30 of each fiscal year shall be transferred by the director of finance into and become a realization of the general fund on that date. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c 157, §8 and c 280, §3; am L 1992, c 259, §2; am L 1993, c 300, §4; am L 1994, c 205, §1; am L 1997, c 260, §2; am L 1998, c 141, §8; am L 2000, c 245, §1; am L 2008, c 208, §4; am L 2010, c 73, §§2, 14; am L 2014, c 107, §3(2); am L 2015, c 185, §§4, 6]
Haw. Rev. Stat. § 134-52 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-52
Switchblade knives; prohibitions; penalty.
Status: in_force

(a) Whoever knowingly carries concealed on the person, or in a bag or other container carried by the person, any switchblade knife shall be guilty of a misdemeanor.

(b) Whoever knowingly possesses or intentionally uses or threatens to use a switchblade knife while engaged in the commission of a separate felony or misdemeanor shall be guilty of a class C felony; provided that a person shall not be prosecuted under this subsection when the separate felony or misdemeanor is an offense otherwise defined by this chapter.

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

(d) It shall be a defense to a prosecution under subsection (a) that the person was lawfully present in the person's own home at the time of the offense.

(e) For the purposes of this section, "switchblade knife" means any knife having a blade that opens automatically by:

(1) Hand pressure applied to a button or other device in the handle of the knife; or

(2) Operation of inertia, gravity, or both. [L 1959, c 225, §1; Supp, §264-9; HRS §769-1; ren L 1972, c 9, pt of §1; am L 1990, c 195, §4; am L 2024, c 21, §5]
Haw. Rev. Stat. § 123-2 — HI Code / Division 1 / Title 10 / Chapter 123 / Section 123-2
Divisions; formation of.
Status: in_force

Divisions may be formed in the discretion of the governor, on the islands of Oahu, Maui, Hawaii, and Kauai, not to exceed the maximum force of four divisions for the State.
Haw. Rev. Stat. § 132-17 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-17
Novelty lighters; prohibited; penalties.
Status: in_force

(a) No person shall sell, offer for sale, or otherwise distribute any novelty lighter within the State.

(b) As used in this section, "novelty lighter" means a handheld device that is designed to use fuel to produce flame for the ignition of cigarettes, cigars, or pipes, and has a design that would make it particularly attractive to children ten years of age or younger.

"Novelty lighter" includes but is not limited to lighters that:

(1) Depict or resemble cartoon characters, toys, guns, watches, games, musical instruments, vehicles, animals, food, or beverages;

(2) Produce sounds or music;

(3) Have flashing lights or illumination; or

(4) Any combination of the above.

(c) This section shall not apply to the following:

(1) Novelty lighters that are manufactured in the State or transported through the State, exclusively for sale, offer for sale, or distribution outside the State;

(2) Any lighter manufactured prior to 1980 or any lighter that lacks fuel or a component necessary to produce flame or combustion; and

(3) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals, or artwork, or heat shrinkable sleeves.

(d) Any person who violates this section shall be guilty of a misdemeanor and shall be imprisoned for not more than one year or fined not more than $1,000, or both. [L 2011, c 224, §2]
Haw. Rev. Stat. § 127A-29 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-29
Emergency period infractions, violations, petty misdemeanors, and misdemeanors.
Status: in_force

(a) Any person violating any rule of the governor or mayor prescribed and adopted pursuant to this chapter and having the force and effect of law shall, if it shall be so stated and designated in the rule, be guilty of a violation, petty misdemeanor, or misdemeanor. The governor or mayor may state and designate the penalty applicable to the offense; provided that if a penalty is not stated and designated, the person shall be sentenced in accordance with chapter 706. If the offense and penalty are not stated and designated in the rule, the person shall be guilty of a misdemeanor and upon conviction, the person shall be fined no more than $2,000, imprisoned no more than one year, or both.

In lieu of a violation, petty misdemeanor, or misdemeanor, the governor or mayor may state and designate the noncompliance of a rule as an emergency period infraction, as defined in section 291D-2. Any emergency period infraction so stated and designated in the rule shall be adjudicated pursuant to chapter 291D. A person guilty of an emergency period infraction shall be fined $200 for each occurrence; provided that the governor or mayor may state and designate in the rule a fine of a different amount.

(b) Notwithstanding subsection (a), any person who intentionally, knowingly, or recklessly destroys, damages, or loses any shelter, protective device, or warning or signal device, shall if the same was installed or constructed by the United States, the State, or a county, or is the property of the United States, the State, or a county, be fined the cost of replacement, imprisoned no more than one year, or both. The governor or mayor may, by rule, make further provisions for the protection from misuse of shelters, protective devices, or warning and signal devices. [L 2014, c 111, pt of §2; am L 2021, c 185, §2]
Haw. Rev. Stat. § 132D-12 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-12
Distribution to minors; prohibited.
Status: in_force

(a) It shall be unlawful for any person to distribute any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks to minors, except as provided in section 132D-13.

(b) Any person who violates this section shall be guilty of a class C felony. [L 1994, c 180, pt of §1; am L 2006, c 183, §14; am L 2008, c 38, §4; am L 2025, c 243, §10]
Haw. Rev. Stat. § 125C-22 — HI Code / Division 1 / Title 10 / Chapter 125C / Section 125C-22
When set-aside required.
Status: in_force

When a shortage as defined in section 125C-2 exists, all prime suppliers shall set aside supplies of each petroleum product for which there is a shortage. The amount set aside shall be in accordance with the rules adopted by the chief energy officer of the Hawaii state energy office.
Haw. Rev. Stat. § 134-70 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-70
[ §134-70] Penalties.
Status: in_force

[ §134-70] Penalties. A person who files a petition for an ex parte gun violence protective order or a one-year gun violence protective order under this part, knowing the information in the petition to be materially false or with an intent to harass the respondent, is guilty of a misdemeanor.
Haw. Rev. Stat. § 134-35 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-35
[ §134-35] Notice of responsibility to securely store firearm.
Status: in_force

[ §134-35] Notice of responsibility to securely store firearm. (a) A person engaged in the retail sale or transfer of firearms shall, at the time of sale or transfer, provide to the purchaser of a firearm a written copy of section 134-10.5.

(b) Any person who violates this section shall be deemed to have engaged in an unfair or deceptive act or practice within the meaning of section 480-2. [L 2025, c 22, §2]
Haw. Rev. Stat. § 134-104 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-104
[ § 134-104] Interpretation of part.
Status: in_force

[ § 134-104] Interpretation of part. (a) Nothing in this part shall be construed to limit or impair in any way the right of a person or entity to pursue a legal action under any other authority.

(b) Nothing in this part shall be construed to limit or impair in any way an obligation or requirement placed on a firearm industry member by any other authority.

(c) This part shall be construed and applied in a manner that is consistent with the requirements of the United States Constitution and the Hawaii State Constitution. [L 2023, c 28, pt of §1]
Haw. Rev. Stat. § 134-66 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-66
Termination and renewal.
Status: in_force

(a) The respondent named in a one-year gun violence protective order issued under section 134-65 may submit a written request at any time during the effective period of the order for a hearing to terminate the order. Upon receipt of the written request for termination:

(1) The court shall set a date for a hearing. Notice of the request shall be personally served on the petitioner by any person authorized by section 634-21. The hearing shall occur no sooner than fourteen days from the date of service of the request upon the petitioner; and

(2) The respondent seeking termination of the order shall have the burden of proving by a preponderance of the evidence that the respondent does not pose a significant danger of causing bodily injury to the respondent's self or another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition.

If the court finds after the hearing that the respondent has met the respondent's burden, the court shall terminate the order.

(b) A petitioner may submit a written request for a renewal of a one-year gun violence protective order within three months prior to the expiration of the order. Upon receipt of the written request for renewal, the court:

(1) In determining whether to renew a one-year gun violence protective order, after notice to the respondent, shall consider all relevant evidence presented by the petitioner and the respondent and may also consider other relevant evidence, including evidence of the facts identified in section 134-64(d); and

(2) May renew a one-year gun violence protective order if the court finds by a preponderance of the evidence that the respondent continues to pose a significant danger of causing bodily injury to the respondent's self or another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition.

A one-year gun violence protective order renewed pursuant to this section shall expire after one year, subject to termination by further order of the court at a hearing held pursuant to subsection (a) and further renewal by order of the court pursuant to this subsection. [L 2019, c 150, pt of §2]
Haw. Rev. Stat. § 134-9.7 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-9.7
[ §134-9.
Status: in_force

[ §134-9.7] Failure to conceal a firearm by a concealed carry licensee; penalty. (a) A person commits the offense of failure to conceal a firearm by a concealed carry licensee if a person is carrying a firearm pursuant to a license issued under section 134-9(a) and intentionally, knowingly, or recklessly causes alarm to another person by failing to conceal the firearm, even briefly, whether the firearm was loaded or not, and whether operable or not.

(b) It shall be a defense to any prosecution under this section if the person:

(1) Was within the person's private residence; or

(2) Caused the firearm to be unconcealed for the purpose of self-defense in accordance with section 703-304 or defense of another person in accordance with section 703-305.

(c) Failure to conceal a firearm by a concealed carry licensee shall be a petty misdemeanor. [L 2023, c 52, pt of §2]
Haw. Rev. Stat. § 122A-13 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-13
Civil groups.
Status: in_force

No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in the Hawaii state defense force as an organization or unit.
Haw. Rev. Stat. § 128D-41 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-41
Termination of voluntary response action.
Status: in_force

(a) An agreement under this part may be terminated by the requesting party at any time.

(b) The director may terminate an agreement pursuant to this section when:

(1) There is an imminent and substantial threat to public health, the environment, or natural resources;

(2) The requesting party is not acting in good faith;

(3) Inadequate funds remain in the site-specific account;

(4) An applicant becomes ineligible after initiating the action pursuant to sections [128D-33] and [128D-35];

(5) An applicant fails to comply with the terms of the agreement noted in section [128D-34(e)]; or

(6) The draft remedial action is inadequate.

(c) Termination of the agreement pursuant to this section does not affect any right the director may have under any law to recover costs or to take enforcement action.

(d) Nothing in this part prohibits the department from taking enforcement action prior to completion of the voluntary response action. Furthermore, the director may, at any time, use the director's authority under section 128D-4 when it is deemed necessary. [L 1997, c 377, pt of §2]
Haw. Rev. Stat. § 138-12 — HI Code / Division 1 / Title 10 / Chapter 138 / Section 138-12
Service contracts.
Status: in_force

A communications service provider shall not be required to provide 911 service until the communications service provider and the public safety answering point providing 911 service in the county or counties in which the communications service provider is licensed to provide communications service have entered into a written agreement setting forth the basic terms of service to be provided.
Haw. Rev. Stat. § 138-4 — HI Code / Division 1 / Title 10 / Chapter 138 / Section 138-4
Surcharge.
Status: in_force

(a) A monthly 911 surcharge, subject to this chapter, shall be imposed upon each communications service connection, except connections of the public utility providing telecommunications services and land line 911 services through section 269-16.95.

(b) The rate of the surcharge shall be set at 66 cents per month for each communications service connection. The surcharge shall have uniform application and shall be imposed on each communications service connection operating within the State except:

(1) Connections billed to federal, state, and county governmental entities;

(2) Prepaid connections; and

(3) Connections provided by the public utility providing telecommunications services and land line 911 services through section 269-16.95.

(c) All communications service providers and resellers shall bill to and collect from each of their customers a monthly surcharge at the rate established for each communications service connection. The communications service provider or reseller may list the surcharge as a separate line item on each bill. If a communications service provider or reseller receives a partial payment for a monthly bill from a communications service customer, the communications service provider or reseller shall apply the payment against the amount the customer owes the communications service provider or reseller, before applying the partial payment against the surcharge.

(d) A communications service provider that:

(1) Is collecting the surcharge and remitting appropriate portions of the surcharge to the fund pursuant to this chapter; and

(2) Has been requested by a public safety answering point to provide 911 service in a particular county or counties,

may recover 911 service costs as provided in this chapter.

(e) Each communications service provider or reseller may retain two per cent of the amount of surcharges collected to offset administrative expenses associated with billing and collecting the surcharge.

(f) A communications service provider or reseller shall remit to the 911 fund, within sixty days after the end of the calendar month in which the surcharge is collected, an amount that represents the surcharges collected less amounts retained for administrative expenses incurred by the communications service provider or reseller, as provided in subsection (e).

(g) A public utility providing telecommunications services and land line 911 services for its customer base and other service providers using the wire line provider's 911 service may collect and retain the surcharge at the established rate set forth in section 269-16.95.

(h) The surcharges collected by the communications service provider or reseller pursuant to this section shall not be subject to any tax, fee, or assessment, nor are the surcharges considered revenue of the provider or reseller.

(i) Each customer who is subject to this chapter shall be liable to the State for the surcharge until it has been paid to the communications service provider. Communications service providers shall have no liability to remit surcharges that have not been paid by customers. A communications service provider or reseller shall have no obligation to take any legal action to enforce the collection of the surcharge for which any customer is billed. However, the board may initiate a collection action against the customer. If the board prevails in such a collection action, reasonable attorney's fees and costs shall be awarded.

(j) At any time the members deem it necessary and appropriate, the board may meet to make recommendations to the legislature as to whether the surcharge and fund should be discontinued, continued as is, or amended.

(k) When considering whether to discontinue, continue as is, or amend the fund or surcharge, the board's recommendations shall be based on the latest available information concerning costs associated with providing 911 service. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1; am L 2024, c 66, §11]
Haw. Rev. Stat. § 132D-8.5 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-8.5
Importation of aerial devices, display fireworks, or articles pyrotechnic for display.
Status: in_force

Aerial devices, display fireworks, or articles pyrotechnic shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided that if a licensee under section 132D-7 provides aerial devices, display fireworks, or articles pyrotechnic for displays as allowed under section 132D-16 more than once a month, the licensee may import or store, if necessary, sufficient aerial devices, display fireworks, or articles pyrotechnic for a six-month inventory.
Haw. Rev. Stat. § 121-2 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-2
Exemptions.
Status: in_force

The following are exempt from military duty: all persons exempted from military duty under the laws of the United States, all judges of the several courts, and the members of the legislature.

Revision Note

Reference to "magistrates" following "judges", deleted as unnecessary in view of L 1970, c 188.
Haw. Rev. Stat. § 121-15 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-15
Commissioned and warrant officers; transfer to inactive list, retirement, separation.
Status: in_force

Officers may be transferred to the inactive or retired lists, or separated from the service as follows:

(1) An officer may be honorably discharged by reason of resignation, removal of residence from the State, failure to meet or maintain the requirements for federal recognition, or acceptance of an incompatible office.

(2) An officer who is eligible to be placed on the retired list under federal law, or who has completed the years of service required for retirement under title 10, United States Code, chapter 1223 may at the officer's request be discharged, or with the approval of the governor be placed on the retired list.

(3) Any commissioned officer who has served in the same grade in the military service of the State for a continuous period of not less than ten years, upon the commissioned officer's own request, may be honorably discharged or placed on the retired list.

(4) Any officer who is rendered surplus by the disbandment of the officer's unit, or who changes the officer's residence within the State and is unable to serve with the unit to which the officer was assigned, shall be absorbed in another unit of the army or air national guard, or if there be no such other available unit the officer shall be transferred to an inactive status as authorized by the secretary of the army or of the air force, and may be ordered to perform appropriate duties.

(5) At any time the moral character, capacity, and general fitness for the service of any officer may be investigated and determined by an efficiency board of three commissioned or warrant officers, senior in rank to the officer if possible, to be appointed by the governor. The investigation shall be thorough and impartial, and may include misconduct in civil life for which the officer is not amenable to trial by court-martial. If the findings are unfavorable to the officer and are approved by the governor, the officer shall be discharged.

(6) At any time the physical fitness for the service of any officer, upon order of the governor, may be investigated and determined by a board of not less than three commissioned officers, not less than two of whom shall be medical officers. If the board reports the officer to be physically unable to perform the duties of the officer's office, and the report is approved by the governor, the officer may be discharged or placed on the retired list.

(7) Any officer who is under sentence of imprisonment by a civil court for any offense involving moral turpitude, whether suspended or not, or who has been absent without leave for three months, or who refuses or neglects to report before the board provided in paragraph (5) or (6) within a period of three months from the time the officer is ordered to report before the board may be discharged with the approval of the governor.

(8) Upon the approval by the governor of a sentence of dismissal rendered by a court-martial, the officer shall be dismissed. [L 1967, c 196, pt of §1; HRS §121-15; gen ch 1985; am L 1986, c 339, §1; am L 2012, c 34, §4]
Haw. Rev. Stat. § 132-45 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-45
Provision of uniforms, response apparatus, motor vehicles, and all emergency supplies and equipment; uniform design.
Status: in_force

(a) The office shall provide office employees with standard uniforms, response apparatus, motor vehicles, and all other emergency supplies and equipment necessary to carry out the duties of the office.

(b) The state fire marshal shall specify a pattern and distinctive design for the uniforms described in subsection (a).

(c) The state fire marshal may enter into agreements with other governmental agencies for the purpose of resource sharing of response apparatus, motor vehicles, and all other emergency supplies and equipment necessary to carry out the fire safety and prevention laws of the State. [L 2025, c 302, pt of §3]
Haw. Rev. Stat. § 125-4 — HI Code / Division 1 / Title 10 / Chapter 125 / Section 125-4
Personnel, delegation of powers.
Status: in_force

The governor may appoint or employ boards, agencies, officers, employees, and other persons, or any of them, for the purpose of carrying out the provisions of this chapter, and may delegate to the boards, agencies, or persons, or to any government board, agency, officer, or employee, state or otherwise, any of the governor's duties or powers under this chapter. All such officers and employees on a temporary basis, whether or not employed by contract, shall be exempt from and neither subject to nor entitled to the benefits of the provisions of chapters 76 and 88, or any other law, appropriate collective bargaining agreement, executive order, executive directive, or rule that is inapplicable to temporary employees of the State. [L Sp 1949, c 21, §4; RL 1955, §357-4; HRS §125-4; gen ch 1985; am L 2002, c 148, §13]
Haw. Rev. Stat. § 128E-4 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-4
Establishment of emergency planning districts.
Status: in_force

Each county is designated as an emergency planning district for the purposes of this chapter; provided that the department shall be responsible for Kalawao county.
Haw. Rev. Stat. § 135-4 — HI Code / Division 1 / Title 10 / Chapter 135 / Section 135-4
Government's immunities.
Status: in_force

The State and counties and their respective officers and employees shall not be liable for the death of, or injury to, persons or for damage to property, as a result of the use of an owner's real property for the diversion of vehicles, pedestrians, bicyclists, or a combination thereof, during an emergency or traffic accident, as provided in section 135-2.
Haw. Rev. Stat. § 125C-6 — HI Code / Division 1 / Title 10 / Chapter 125C / Section 125C-6
Petition for adoption, amendment, repeal, or suspension of rules.
Status: in_force

Any interested person may petition the governor or the governor's authorized representative requesting the adoption, amendment, repeal, or suspension of any rule and stating reasons therefor. The governor or the governor's authorized representative shall prescribe the form for the petitions and the procedures for their submission, consideration, and disposition, and within thirty days after submission of the petition shall either deny the petition in writing, stating the governor's or the governor's authorized representative's reasons for the denial, or grant the petition and adopt, amend, repeal, or suspend the rule accordingly.
Haw. Rev. Stat. § 137-3 — HI Code / Division 1 / Title 10 / Chapter 137 / Section 137-3
Action.
Status: in_force

(a) Whenever a government entity seeks reimbursement of search and rescue expenses, including expenses paid or owing to private persons or entities by the government entity, in connection with a search and rescue, the government entity may bring an action in any court of competent jurisdiction; provided the reimbursement sought shall not in any case exceed the total cost incurred for the search and rescue operation.

(b) This chapter is not intended to restrict or diminish the right of any government entity to settle or compromise its rights provided in this chapter. [L 1999, c 66, pt of §2]
Haw. Rev. Stat. § 132-5 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-5
Right of entry for inspection; unlawful to obstruct.
Status: in_force

The county fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees, at all reasonable hours may enter any buildings, structures, or premises within the fire chief's or state fire marshal's jurisdiction, respectively, except the interior of private dwellings, to make any inspection, investigation, or examination that is authorized to be made under this chapter. The county fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees may enter any private dwelling whenever the fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees have reason to believe that dangerous conditions creating a fire hazard exist in the dwelling. The county fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees may enter any private dwelling when a fire has occurred in the dwelling. It shall be unlawful to obstruct, hinder, or delay any person having the right to make the inspection, investigation, or examination in the performance of duty.

The county fire chief, the chief's designees, the state fire marshal, or the state fire marshal's designees may inspect all buildings and facilities, except state-owned airport facilities, the frequency of which shall be made in accordance with section 132-6, and shall make a report to the authorities responsible for the maintenance of any building or facility when it is found that a building or facility does not meet minimum standards of fire and safety protection. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(13); RL 1945, §8530; RL 1955, §184-6; am L 1959, c 114, §1; HRS §132-6; ren and am L 1978, c 241, §2(6); gen ch 1985; am L 2001, c 6, §1; am L 2007, c 10, §2; am L 2009, c 105, §1; am L 2025, c 302, §9]
Haw. Rev. Stat. § 128D-3 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-3
Reportable quantities; duty to report.
Status: in_force

(a) The director shall adopt rules pursuant to chapter 91 establishing the quantities of designated hazardous substances, and specifying the periods of time within which such quantities, when released, are reportable pursuant to this chapter. The director, at a minimum, shall adopt hazardous substances and reportable quantities as designated by the United States Environmental Protection Agency pursuant to parts 117 and 302 of Title 40 of the Code of Federal Regulations, and by the United States Department of Transportation pursuant to parts 171 and 172 of Title 49 of the Code of Federal Regulations. The designated quantity released of any hazardous substance shall be a reportable quantity, regardless of the medium into which the hazardous substance is released.

(b) Any person in charge of a vessel or an offshore or onshore facility shall immediately notify the department as soon as the person has any knowledge of any release (other than a federal or state permitted release) of a hazardous substance from the vessel or facility in quantities equal to or greater than those determined pursuant to section 102 of CERCLA or rules adopted pursuant to this chapter. Releases which occurred prior to July 1, 1990, are excluded from this requirement. Unless the director requires otherwise by rule, the regulations adopted under section 103(b) of CERCLA shall apply to the implementation of this section.

(c) Any person who fails to report a hazardous substance release to the department immediately upon knowledge of the release shall be subject to a civil penalty in an amount not to exceed $10,000 for each day of failure to report or subject to prosecution for a criminal misdemeanor. Notification received by the department pursuant to this section or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except for a prosecution for perjury or for giving a false statement; or a violation of section 128D-10. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c 280, §4]
Haw. Rev. Stat. § 121-35 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-35
Property of State.
Status: in_force

All property purchased by the State for the army or air national guard shall be and remain the property of the State. All property of the United States issued to the army or air national guard or to the militia shall, for the purpose of this chapter, and any other similar and applicable law, be deemed to be the property of the State.
Haw. Rev. Stat. § 132D-5.1 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-5.1
General fireworks or articles pyrotechnic prohibitions in the second degree.
Status: in_force

(a) A person commits the offense of general fireworks or articles pyrotechnic prohibitions in the second degree if, without a permit issued pursuant to sections 132D-10 and 132D-16, the person intentionally, knowingly, or recklessly:

(1) S ets off, ignites, discharges, or otherwise causes to explode any aerial devices, articles pyrotechnic, or display fireworks:

(A) Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital;

(B) In any school building, or on any school grounds or yards without first obtaining authorization from appropriate school officials;

(C) On any highway, alley, street, sidewalk, other public way, or public beach;

(D) In any park or officially designated forest or wildlife preserve;

(E) Within fifty feet of a canefield;

(F) Within one thousand feet of any building used for public worship during the periods when services are held; or

(G) Within five hundred feet of any dwelling; or

(2) Throws, catapults, or otherwise manually propels ignited aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks.

(b) The state of mind requirement for the offense under subsection (a)(1)(A), (E), (F), and (G) shall not be applicable to whether the person was aware that the person was within the designated distance from an operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital; canefield; building used for public worship; or dwelling. A person shall be strictly liable with respect to the attendant circumstance that the person was within the designated distance from a prohibited place at the time of incident.

(c) Except as otherwise provided in subsections (d), (e), and (f), the offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a misdemeanor.

(d) The offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a class C felony if the person has been convicted one or more times for any offense under this chapter within ten years of the current offense.

(e) The offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a class B felony if any of the aerial devices, articles pyrotechnic, or display fireworks set off, ignited, discharged, or otherwise caused to explode in the commission of the offense cause substantial bodily injury to another person.

(f) The offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a class A felony if any of the aerial devices, articles pyrotechnic, or display fireworks set off, ignited, discharged, or otherwise caused to explode in the commission of the offense cause serious bodily injury or death to another person.

(g) The state of mind requirement for subsections (e) and (f) shall not be applicable to whether the person was aware the aerial devices, articles pyrotechnic, or display fireworks caused or would cause the injury or death. A person shall be strictly liable with respect to the result that the aerial devices, articles pyrotechnic, or display fireworks caused the injury or death. [L 2025, c 243, pt of §2]
Haw. Rev. Stat. § 138-11 — HI Code / Division 1 / Title 10 / Chapter 138 / Section 138-11
Dispute resolution.
Status: in_force

(a) Any communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or public safety answering point aggrieved by a decision of the board shall have the right to petition the board for reconsideration within ten days following the rendering of the board's decision. As part of its petition for reconsideration, the aggrieved party may present any reasonable evidence or information for the board to consider. The board shall render its decision on the reconsideration petition as soon as reasonably possible, but no later than thirty days after the reconsideration request is made.

(b) An aggrieved party, following the completion of the reconsideration petition process, upon agreement of the other party, may have the dispute resolved through final and binding arbitration by a single arbitrator in accordance with the Industry Arbitration Rules of the American Arbitration Association. The costs of the arbitration, including the fees and expenses of the arbitrator, shall be borne by the nonprevailing party of any arbitration proceeding. The arbitrator's decision shall be final and binding and may be confirmed and enforced in any court of competent jurisdiction.

(c) Nothing in this section shall preclude any communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or public safety answering point from pursuing any existing right or remedy to which it is entitled in any court having jurisdiction thereof. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1]
Haw. Rev. Stat. § 123-4 — HI Code / Division 1 / Title 10 / Chapter 123 / Section 123-4
Officers; appointment; term.
Status: in_force

The officers of the naval militia shall be appointed by the governor and shall consist of a commander, a lieutenant commander, a surgeon and a paymaster, each with rank of lieutenant, and such other officers as may be designated by the secretary of the navy. The term of commission shall be for four years.
Haw. Rev. Stat. § 134-2.5 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-2.5
Permits for motion picture films or television program production.
Status: in_force

[§134-2.5 Permits for motion picture films or television program production.] (a) Upon a finding that public safety is not endangered, the chief of police of the appropriate county may issue permits, initially valid for a period of one year and renewable annually thereafter, for the possession, transportation, or use, with blank cartridges, of firearms or explosives solely as props for motion picture films or television program production upon a showing that good cause exists for the issuance of a permit to the applicant and upon sufficient proof of a federal firearms license and a state film permit required under section 201-3. No permit shall be issued to a person who is under twenty years of age or who is disqualified under section 134-7.

(b) Applications for permits shall be in writing, signed by the individual applicant or by a member or officer qualified to sign if the applicant is a firm or corporation, and shall state the name, business in which engaged, business address, and a full description of the use to which the firearms or explosives are to be put, including the names of the persons who will actually use the props. The application shall also require the fingerprinting and photographing of the applicant. Applications and permits shall be uniform throughout the State on forms prescribed by the attorney general.

(c) The attorney general shall establish rules pursuant to chapter 91 concerning security requirements for storing and transporting firearms or explosives for which permits are issued. Permits shall be issued only upon a showing of the applicant's ability to meet these security requirements.

(d) A fee of $50 should be charged for each permit issued under this section.

(e) Every applicant to whom a permit is issued shall keep it on the applicant's person or at the place where the firearms or explosives are stored. The permit, firearms and explosives, shall be available for inspection by any law enforcement officer or any other person designated by the respective chief of police.

(f) Every firearm or explosive for which a permit is issued shall bear a unique identifying number. If the firearm or explosive does not bear a unique identifying number, the chief of police of the appropriate county shall assign a number that shall be stamped or placed thereon.

(g) The chief of police of the respective county shall revoke permits issued under this section any time it appears that the holder of the permit has used the firearms or explosives for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any firearms or explosive possessed under the permit. [L 1988, c 272, §3]
Haw. Rev. Stat. § 132-12 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-12
Court aid.
Status: in_force

Each county fire chief or the state fire marshal may invoke the aid of any court of competent jurisdiction to enforce any order or action made or taken by the fire chief or state fire marshal in pursuance of law.
Haw. Rev. Stat. § 128E-13 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-13
Relationship to other laws.
Status: in_force

(a) This chapter shall be read in conjunction with the federal statutes and regulations providing for the identification, labeling, and reporting of information concerning hazardous material releases, and any other health and safety provisions relating to hazardous materials, and is intended to supplement federal statutes and regulations in the interest of protecting the health and safety of the citizens of the State.

(b) Nothing in this chapter shall affect or modify in any way the obligations or liabilities of any person under other laws of the State.

(c) This chapter shall preempt any ordinances passed or adopted by any county that are effective on, before, or after June 21, 1993, to the extent that these ordinances conflict or are inconsistent with the provisions of this chapter. [L 1993, c 300, pt of §1]

Revision Note

"June 21, 1993" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 125C-5 — HI Code / Division 1 / Title 10 / Chapter 125C / Section 125C-5
Publication of rules and declarations.
Status: in_force

Within five days after the date of filing with the lieutenant governor of each rule or declaration, the governor shall make the rule or determination known to the persons affected by it by publication at least once in a newspaper of general circulation in the State and in a newspaper that is printed and issued at least twice weekly in the county within which those affected persons reside.
Haw. Rev. Stat. § 132C-8 — HI Code / Division 1 / Title 10 / Chapter 132C / Section 132C-8
Existing inventories; consumer testing.
Status: in_force

The requirement that cigarettes sold in Hawaii must be in compliance with this chapter shall not prohibit:

(1) Wholesalers or dealers from selling existing cigarette inventories on or after September 30, 2009; provided that the wholesaler or dealer can establish both of the following to the satisfaction of the state fire council:

(A) The Hawaii tax stamps were affixed to the cigarettes pursuant to chapter 245 prior to September 30, 2009; and

(B) The inventory was purchased prior to September 30, 2009, and the purchased inventory is comparable to the amount of inventory purchased during the same period the previous year; or

(2) The sale of cigarettes solely for the purpose of consumer testing. For the purposes of this paragraph, the term "consumer testing" means an assessment of cigarettes that is conducted by or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of cigarettes, using only the quantity of cigarettes that is reasonably necessary for the assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing. [L 2008, c 218, pt of §1]

Revision Note

"September 30, 2009" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 132D-5.5 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-5.5
Consumer fireworks prohibitions.
Status: in_force

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

(1) Purchase, possess, set off, ignite, discharge, or otherwise cause to explode any consumer fireworks without a permit required pursuant to section 132D-10; or

(2) Set off, ignite, discharge, or otherwise cause to explode any consumer fireworks at any time not within the periods for use prescribed in section 132D-3;

provided that a person licensed pursuant to sections 132D-7 and 132D-8 may purchase and possess consumer fireworks in accordance with the person's license.

(b) It shall be unlawful for any person, other than a licensed wholesaler who is distributing consumer fireworks to a licensed retailer in accordance with the person's license, to distribute consumer fireworks:

(1) More than five calendar days before the time periods for permissible use under section 132D-3; or

(2) After 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, or 8:00 p.m. on the Fourth of July.

(c) The state of mind requirement for the offense under subsections (a)(2) and (b) shall not be applicable to whether the person was aware of the date or time at the time of offense, or whether the date and time of offense fell within the prohibited periods. A person shall be strictly liable with respect to the date and time of any act proven to have occurred, and with respect to the attendant circumstance that the date and time fell within the prohibited dates and times provided in subsections (a)(2) and (b).

(d) Any person who violates:

(1) Subsection (a) shall be subject to a $200 fine;

(2) Subsection (b) shall be subject to a $1,000 fine; and

(3) This section shall be subject to proceedings under chapter 291D;

provided that nothing in this section shall be construed to prohibit prosecution under section 132D-7, 132D-8.6, or any other provision under this chapter. [L 2025, c 243, pt of §2]