reglab/housing_qa huggingface dataset:
HI Rev Stat § 674-17 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-17 Right to sue, individual claims.

  §674-17 Right to sue, individual claims. (a) An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the State for recovery of actual damages suffered by the claimant arising out of or resulting from a breach of trust which occurred between August 21, 1959, to June 30, 1988; provided that no action shall be filed until after October 1, 1997.  (b) "Aggrieved individual claimant", as used in this section, means an individual claimant whose claim was reviewed by the panel under this chapter and who has filed, no later than October 1, 1999, a written notice with the panel that the claimant does not accept the action taken by the legislature in regular session upon the claim. Any claimant who fails to file a written notice rejecting the action of the legislature upon the claim shall be deemed to have accepted the action taken by the legislature. [L 1991, c 323, pt of §1; am L 1993, c 351, §11; am L 1997, c 382, §6] Case Notes  Where plaintiffs, having received no affirmative legislative action by the notice-filing deadline, acted properly to preserve their rights by (1) timely submitting the required written notice rejecting the legislature's action, i.e., deferral that effectively denied all claims, and (2) filing suit before the corresponding deadline, the conditions of panel "review" and legislative "action" as set forth in the definition of "aggrieved individual claimant" under this section were met. 111 H. 84, 137 P.3d 990 (2006).
HI Rev Stat § 674-18 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-18 Scope of relief.

  §674-18 Scope of relief. In an action under this part the court may award actual damages to a successful claimant. [L 1991, c 323, pt of §1]
HI Rev Stat § 674-19 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-19 Limitation on actions.

  §674-19 Limitation on actions. Every claim cognizable under this part shall forever be barred unless the action is commenced by December 31, 1999. [L 1991, c 323, pt of §1; am L 1993, c 351, §12; am L Sp 1995, c 14, §15; am L 1997, c 382, §7]
HI Rev Stat § 674-20 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-20 No implied liability or award.

  §674-20 No implied liability or award. In no case shall any liability be implied against the State, and no award shall be made against the State on any claim brought under this part except upon legal evidence that would establish liability against an individual or corporation. [L 1991, c 323, pt of §1; am L 1993, c 351, §13]
HI Rev Stat § 674-21 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-21 Attorney's fees and costs.

  §674-21 Attorney's fees and costs. In any action brought under this part, the court may, as it deems just, award to a prevailing claimant and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney's fees. [L 1991, c 323, pt of §1; am L 1993, c 351, §14]
HI Rev Stat § 675-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|675. Tobacco Liability Act|675-1 Findings and purpose.

  §675-1 Findings and purpose. (a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.  (b) Cigarette smoking also presents serious financial concerns for the State. Under certain health-care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.  (c) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.  (d) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.  (e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.  (f) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise. [L 1999, c 188, pt of §1]
HI Rev Stat § 676-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|676. Structured Settlement Protection Act|676-2 Required disclosures to payee.

 §676-2 Required disclosures to payee. Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, setting forth:  (1) The amounts and due dates of the structured settlement payments to be transferred;  (2) The aggregate amount of the payments in paragraph (1);  (3) The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities", and the amount of the applicable federal rate used in calculating the discounted present value;  (4) The gross advance amount;  (5) An itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any of the fees and disbursements stated in this paragraph;  (6) The net advance amount;  (7) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and  (8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee. [L 2006, c 146, pt of §1]
HI Rev Stat § 676-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|676. Structured Settlement Protection Act|676-3 Approval of transfers of structured settlement payment rights.

 §676-3 Approval of transfers of structured settlement payment rights. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights, unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based upon express findings by the court or responsible administrative authority that:  (1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;  (2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing; and  (3) The transfer does not contravene any applicable statute or the order of any court or other government authority. [L 2006, c 146, pt of §1]
HI Rev Stat § 676-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|676. Structured Settlement Protection Act|676-4 Effects of transfer of structured settlement payment rights.

 §676-4 Effects of transfer of structured settlement payment rights. Following a transfer of structured settlement payment rights under this chapter:  (1) The structured settlement obligor and the annuity issuer, as to all parties except the transferee, shall be discharged and released from any and all liability for the transferred payments;  (2) The transferee shall be liable to the structured settlement obligor and the annuity issuer:  (A) For any taxes incurred by the parties as a consequence of the transfer, if the transfer contravenes the terms of the structured settlement; and  (B) For any other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by the parties with the order of the court or responsible administrative authority, or arising as a consequence of the transferee's failure to comply with this chapter;  (3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and  (4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter. [L 2006, c 146, pt of §1]
HI Rev Stat § 676-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|676. Structured Settlement Protection Act|676-5 Procedure for approval of transfers.

 §676-5 Procedure for approval of transfers. (a) An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in any court or before any responsible administrative authority:  (1) In the county in which the payee resides;  (2) In the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business; or  (3) That approved the structured settlement agreement.  (b) To apply for approval of a transfer of structured settlement payment rights under section 676-3, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization. The notice shall include:  (1) A copy of the transferee's application;  (2) A copy of the transfer agreement;  (3) A copy of the disclosure statement required under section 676-2;  (4) A listing of each of the payee's dependents, together with each dependent's age;  (5) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and  (6) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application shall be filed, to be considered by the court or responsible administrative authority; provided that the written responses shall be filed not less than fifteen days after service of the transferee's notice. [L 2006, c 146, pt of §1]
HI Rev Stat § 676-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|676. Structured Settlement Protection Act|676-6 General provisions construction.

 §676-6 General provisions construction. (a) The provisions of this chapter may not be waived by any payee.  (b) Any transfer agreement entered into on or after May 26, 2006, by a payee who resides in this State shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this State. No transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.  (c) No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for:  (1) Periodically confirming the payee's survival; and  (2) Giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.  (d) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of this chapter.  (e) Nothing contained in this chapter shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to May 26, 2006, is valid or invalid.  (f) Compliance with the requirements set forth in section 676-2 and fulfillment of the conditions set forth in section 676-3 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions. [L 2006, c 146, pt of §1] Revision Note  "May 26, 2006," substituted for "the effective date of this Act".
HI Rev Stat § 701-100 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|701. Preliminary Provisions|701-100 Title and effective date of amendments.

  §701-100 Title and effective date of amendments. Title 37 shall be known as the Hawaii Penal Code. Amendments made to this Code by Act 314, Session Laws of Hawaii 1986, shall become effective on January 1, 1987. [L 1972, c 9, pt of §1; am L 1986, c 314, pt of §1] COMMENTARY ON §701-100  The purpose of this Code is to codify the major part of Hawaii's penal law. The law has never before been completely codified. Judicial construction has been relied on to supply definitions, defenses, and general principles of penal liability. The statutory law, dating from time long past, uses language which is now obscure or mysterious. Unmeritorious defenses have been allowed because of the law's incompleteness, and some persons have escaped punishment because some new variation of criminal conduct is not defined as a crime. On the other hand, certain acts are defined as crimes which are not considered criminal today by a great majority of the people. This Code corrects these defects in the law, while putting it in a more rational and accessible form. SUPPLEMENTAL COMMENTARY ON §701-100  Act 314, Session Laws 1986, provided that that Act's amendments to the Code take effect on January 1, 1987. By delaying the effective date of the amendments, the legislature intended to give criminal justice agencies time to determine how the amendments will affect them and to make provisions for the changes. Conference Committee Report No. 51-86.
HI Rev Stat § 701-102 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|701. Preliminary Provisions|701-102 All offenses defined by statute; applicability to offenses committed after the effective date. §701-102 Commentary:

 §701-102 All offenses defined by statute; applicability to offenses committed after the effective date. (1) No behavior constitutes an offense unless it is a crime or violation under this Code or another statute of this State.  (2) The provisions of this Code govern the construction of and punishment for any offense set forth herein committed after the effective date, as well as the construction and application of any defense to a prosecution for such an offense.  (3) The provisions of chapters 701 through 706 of the Code are applicable to offenses defined by other statutes, unless the Code otherwise provides. [L 1972, c 9, pt of §1] COMMENTARY ON §701-102  There are no common-law offenses in Hawaii, although Hawaii has to some extent adopted the common law of England. The common law of England, as ascertained by English and American decisions, is declared to be the common law of the State of Hawaii in all cases, except as otherwise expressly provided by the Constitution or laws of the United States, or by the laws of the State, or fixed by Hawaiian judicial precedent, or established by Hawaiian usage; provided, that no person shall be subject to criminal proceedings except as provided by the written laws of the United States or of the State.[1]  In Territory v. Rogers,2 the court noted in passing that there are no common-law offenses in Hawaii.  Despite these clear rules, it appears wise to enact specifically that no behavior is penal unless it is made so by this Code or by another statute. That all offenses should be adequately proscribed by statute seems at this point of legal development a dictate of fundamental fairness.  Subsection (2) makes it clear that on the effective date this Code shall become the penal law of this State, and thereafter shall govern both the definitions (construction) and punishment of all offenses defined in the Code, and the defenses to those offenses.  Subsection (3) holds that all of the general provisions (chapters 701 to 706) of the Code are applicable to all offenses defined by other statutes. The purpose is to bring uniformity to the area of non-Code statutory offenses. One result of this rule will be to make defenses defined by the Code generally available. The Code's definitions of state of mind requirements will also be applicable, as will the general principles of construction, time limitations, and res judicata provisions. Case Notes  Criminal statutes must be reasonably certain and definite to give notice of required conduct. 56 H. 481, 541 P.2d 1020 (1975).  No common-law offenses in this jurisdiction, and the applicable statute or ordinance itself must provide a penalty. 62 H. 656, 619 P.2d 93 (1980).  No offense of "murder for hire". 3 H. App. 107, 643 P.2d 807 (1982). __________  §701-102 Commentary: 1. H.R.S. §1-1. (Emphasis added.) 2. 37 Haw. 566 (1947).
HI Rev Stat § 701-103 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|701. Preliminary Provisions|701-103 Purposes of this Code.

  §701-103 Purposes of this Code. The purposes of this Code are to codify the general principles of the penal law and to define and codify certain specific offenses which constitute harms to basic social interests which the Code seeks to protect. [L 1972, c 9, pt of §1] COMMENTARY ON §701-103  This section states the general purposes of the Code which are twofold. First, the Code defines the general principles of the penal law, including those principles relating to liability, justification, responsibility, inchoate behavior, and disposition of convicted defendants. Many of these basic principles are not presently defined in the statutory law and depend, for recognition and development, on decisional law. Secondly, the Code undertakes to codify a major portion of the penal law by defining and codifying the bulk of those specific offenses which constitute harms to social interests which the law in general and this Code in particular seek to protect: i.e., offenses against the person, property rights, the family and incompetents, public administration, public order, and public health and morals. In this respect the purpose of the Code is not different than that of existing law; however, the Code, unlike present law, reflects this purpose in its organization: the definition of offenses in chapters 707 through 712 are arranged according to the social interest offended, rather than in a somewhat alphabetical fashion as was the case in the former Title 38, now repealed.
HI Rev Stat § 701-104 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|701. Preliminary Provisions|701-104 Principles of construction.

  §701-104 Principles of construction. The provisions of this Code cannot be extended by analogy so as to create crimes not provided for herein; however, in order to promote justice and effect the objects of the law, all of its provisions shall be given a genuine construction, according to the fair import of the words, taken in their usual sense, in connection with the context, and with reference to the purpose of the provision. [L 1972, c 9, pt of §1] COMMENTARY ON §701-104  This section, read in conjunction with §701-103, is intended to assure that this Code will be construed by the courts in such a way as to effectuate the declared purposes of the law. SUPPLEMENTAL COMMENTARY ON §701-104  Section 104 of the Proposed Draft of the Code read: "The rule that a penal statute is to be strictly construed does not apply to this Code, but the provisions herein must be construed according to the fair import of their terms." The legislature found that such broad wording would subject the Code to unwarranted argument and attempted to avoid this possibility by revising the entire section. Through the section, as enacted, the legislature sought to limit the scope of the fair import principle. See Conference Committee Report No. 2 (1972). The committee report also states: "It is the intent of the Committee that definitions of crimes are to be strictly construed." Case Notes  In Coray v. Ariyoshi, 54 H. 254, 506 P.2d 13 (1973), and State v. Rackle, 55 H. 531, 523 P.2d 299 (1974), the court reiterated without discussion the doctrine of strict construction. The offenses in each case occurred prior to enactment of the Code.  Where words of general description follow enumeration of specific things, the words are restricted to like objects. 56 H. 481, 541 P.2d 1020 (1975).  Rule of strict construction does not override other fundamental rules of construction. 59 H. 456, 583 P.2d 337 (1978).  Proscription of distribution of lysergic acid "diethylamine" under §329-14 (1974) cannot be extended by analogy to distribution of lysergic acid diethylamide. 61 H. 74, 595 P.2d 288 (1979).  Cited in construing "accident". 1 H. App. 625, 623 P.2d 1271 (1981).  Cited in construing "possession". 8 H. App. 610, 822 P.2d 23 (1991).