reglab/housing_qa huggingface dataset:
HI Rev Stat § 5-22 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|5. Emblems and Symbols|5-22 Hawaii medal of honor.

  §5-22 Hawaii medal of honor. (a) The Hawaii medal of honor may be awarded on behalf of the people of the State of Hawaii to an individual who has been killed in action while:  (1) Engaged in an action against an enemy of the United States;  (2) Engaged in military operations involving conflict with an opposing foreign force;  (3) Serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party;  (4) Serving in a combat zone as designated by presidential order;  (5) Serving in direct support of military operations in a combat zone if that service is designated as such by the United States Department of Defense; or  (6) Performing duty subject to hostile fire or imminent danger if that duty qualifies the individual for special military pay as determined by the United States Department of Defense.  (b) A recipient of the Hawaii medal of honor may have the recipient's name entered on the Hawaii medal of honor roll.  (c) Individuals eligible to receive the Hawaii medal of honor include:  (1) Members of the Hawaii National Guard who were legal residents of Hawaii and were activated into service at the time they were killed in action;  (2) Members of the United States military reserves who were legal residents of Hawaii and were activated into service at the time they were killed in action;  (3) Members of the regular United States armed forces who were:  (A) Legal residents of Hawaii at the time they were killed in action; or  (B) Stationed in Hawaii by a proper order of the United States Department of Defense at the time they were killed in action; and  (4) Members of the Hawaii National Guard or United States military reserves who were activated into service, or members of the regular United States armed forces, who:  (A) Attended a public or private educational institution in Hawaii at some period during their lives; and  (B) Were killed in action.  (d) The Hawaii medal of honor shall be awarded solely by a concurrent resolution:  (1) Introduced by:  (A) The president of the senate;  (B) The speaker of the house of representatives; or  (C) The duly authorized representative of the president of the senate or the speaker of the house of representatives; and  (2) Adopted by both houses of the legislature. [L 2005, c 21, §2; am L 2013, c 9, §2] Revision Note  Section was enacted as an addition to chapter 121 but is renumbered to this chapter pursuant to §23G-15. Cross References  POW/MIA flag; recognition; use, see §5-18.5.
HI Rev Stat § 6D-2 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-2 Prohibitions.

 §6D-2 Prohibitions. (a) It shall be unlawful for any person to intentionally, knowingly, or recklessly break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave, or the cave resources within the cave, whether attached or broken, including speleothems, speleogens, and sedimentary deposits, without the owner's written permission being first obtained.  (b) It shall be unlawful for any person to break, force, tamper with, or otherwise disturb a gate to any cave, even though entrance thereto may not be gained, without the owner's permission being first obtained.  (c) It shall be unlawful for any person to remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this chapter.  (d) It shall be unlawful for any person to take, appropriate, excavate, injure, destroy, or alter any paleontological deposit, which may be found in a cave without the owner's written permission being first obtained.  (e) This section shall not apply to caves inadvertently encountered within the normal course of a construction context; provided that any cave protection measures imposed through the environmental review process under chapter 343 or any land use permit conditions shall be followed. [L 2002, c 241, pt of §2]
HI Rev Stat § 6D-3 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-3 Pollution.

 §6D-3 Pollution. (a) It shall be unlawful for any person to store, dump, dispose of, or otherwise place any refuse, garbage, dead animals, sewage, litter, or toxic substances in any cave or cave entrance; provided that:  (1) Any cesspool or leach field that is otherwise legal and existing on June 28, 2002 shall continue to be lawful as a nonconforming use or facility;  (2) The nonconforming use or facility shall not be expanded or reconstructed; and  (3) New septic systems may be installed in proximity to caves; provided they use solid tanks and surface leach fields so as not to permit sewage to flow into the cave and otherwise conform to existing laws and regulations.  (b) It shall be unlawful to intentionally, knowingly, or recklessly burn within a cave or cave entrance any material that produces any smoke, engine exhaust, or gas substantially harmful to any naturally occurring organisms in any cave; provided that this shall not apply to caves encountered within the normal course of a construction context. [L 2002, c 241, pt of §2] Revision Note  "June 28, 2002" substituted for "the effective date of this section".
HI Rev Stat § 6D-4 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-4 Disturbance of native organisms.

 §6D-4 Disturbance of native organisms. (a) It shall be unlawful for any person to intentionally, knowingly, or recklessly remove, kill, or substantially harm any native or endemic organisms within any cave except as provided by a scientific permit obtained from the appropriate agency. This is not intended to restrict normal fishing and gathering in accordance with existing laws.  (b) This section shall not apply to caves encountered within the normal course of a construction context; provided that any cave protection mitigative measures disclosed through environmental review under chapter 343 and land use permitting processes shall be adhered to.  (c) This section shall not in any way prohibit or constrain surface activities on the land above a cave. [L 2002, c 241, pt of §2]
HI Rev Stat § 6D-5 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-5 Sale.

 §6D-5 Sale. It shall be unlawful for any person to sell or offer for sale speleothems and speleogens removed from caves. [L 2002, c 241, pt of §2]
HI Rev Stat § 6D-6 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-6 Commercial entry.

 §6D-6 Commercial entry. (a) Any person allowing or establishing commercial entry to a cave shall obtain from the board a permit to open the cave for public entry. The department shall charge a reasonable permit processing fee and adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.  (b) Any person that receives compensation in conjunction with a use or activity and seeks to be excluded from the permit requirement under subsection (a) shall have the burden of establishing to the satisfaction of the department that its use or activity does not constitute a commercial entry under this chapter.  (c) Commercial entry to caves shall be limited to operations in place at the time of the passage of this Act; provided the operations are in compliance with all applicable state and county statutes, ordinances, and rules. No new operations may be established until the adoption of rules by the department to implement this section.  (d) Any person allowing commercial entry at the time of the passage of this Act shall file a declaration of the person's use with the department within sixty days of the enactment of this Act. Existing operations, as recognized by the department through the declaration, within one year of the adoption of rules by the department, shall conform to the rules and all applicable state and county statutes, ordinances, and rules. [L 2002, c 241, pt of §2] Note  The effective date of Act 241 is June 28, 2002.
HI Rev Stat § 6D-7 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-7 Access.

 §6D-7 Access. No person may enter or traverse a cave, or any segment thereof, without the property owner's prior written consent. [L 2002, c 241, pt of §2]
HI Rev Stat § 6D-8 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-8 Burial discovery.

 §6D-8 Burial discovery. Anyone traversing a cave who discovers a burial site shall immediately cease their activity and leave the cave. The discovery shall be reported as soon as possible to the department. The department shall follow the procedures described in section 6E-43.6. [L 2002, c 241, pt of §2]
HI Rev Stat § 6D-9 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-9 Liability.

 §6D-9 Liability. (a) An owner of a cave who either directly or indirectly invites or permits without charge any person to use the cave for educational, native Hawaiian cultural, or scientific purposes does not:  (1) Extend any assurance that the premises are safe for any purpose;  (2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;  (3) Assume responsibility for, or incur liability for, any injury to person or property caused by an act of omission or commission of those persons; or  (4) Assume responsibility for, or incur liability for, any injury to any person or persons who enter the premises in response to an injured educational, native Hawaiian cultural, or scientific user.  (b) Nothing in this section shall be construed to:  (1) Create a duty of care or ground of liability for injury to persons or property; or  (2) Relieve any person using the cave of another for educational, native Hawaiian cultural, or scientific purposes from any obligation which the person may have in the absence of this section to exercise care in the person's use of that cave and in the person's activities therein, or from the legal consequences of failure to employ such care; or  (3) Limit the effect of chapter 520.  (c) Nothing in this section limits in any way any liability which otherwise exists:  (1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates; and  (2) For injury suffered in any case where the owner of a cave charges a fee to any person who enters or uses the cave for educational, native Hawaiian cultural, or scientific purposes, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section. [L 2002, c 241, pt of §2]
HI Rev Stat § 6D-10 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-10 Confidentiality.

  §6D-10 Confidentiality. (a) Where the department determines in consultation with the owner that dissemination of knowledge of cave location or resources could be detrimental to their protection, then the government information on the cave location and sensitive resources shall be kept confidential.  (b) Notwithstanding subsection (a), where an owner still believes that dissemination of knowledge [of] cave location or resources could be detrimental to their protection, then the department shall keep all government information on the cave location and sensitive cave resources confidential. [L 2002, c 241, pt of §2]
HI Rev Stat § 6D-11 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-11 General administrative penalties.

 §6D-11 General administrative penalties. (a) Except as otherwise provided by law, the board or its authorized representative by proper delegation, with respect to a violation of this chapter or any rule adopted or permit issued in accordance with this chapter, may:  (1) Set, pursuant to subsection (b), charge, and collect administrative fines or bring legal action to recover administrative fees and costs, as documented by receipts or affidavit, including attorneys' fees and costs; or  (2) Bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, payment for damages, or for the cost to correct damages, resulting from violation of this chapter or any rule adopted or permit issued in accordance with this chapter.  (b) Administrative fines shall be as follows:  (1) For a first violation, a fine of not more than $10,000 for each separate offense;  (2) For a second violation within five years of a previous violation, a fine of not more than $15,000; and  (3) For a third or subsequent violation within five years of the last violation, a fine of not more than $30,000. [L 2002, c 241, pt of §2]
HI Rev Stat § 6D-12 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-12 Criminal penalties.

 §6D-12 Criminal penalties. (a) In addition to any other penalties, any person who intentionally, knowingly, or recklessly violates this chapter, any rule adopted pursuant to this chapter, or the terms and conditions of any permit issued in accordance with this chapter shall be guilty of a petty misdemeanor and shall be fined not less than:  (1) $1,000 for a first offense; and  (2) $1,500 for any subsequent offense.  (b) Intentional, knowing, or reckless damage, destruction, removal, taking, sale, or illegal possession of each specimen of cave resource shall be subject to a fine of not less than:  (1) $1,000 for a first offense; and  (2) $1,500 for any subsequent offense. Each day of continued violation under this chapter shall constitute a distinct and separate offense for which the violator may be punished. Equipment used by the violator in the course or furtherance of the violation shall be subject to seizure and disposition by the State without compensation to its owner or owners. Penalties under this section shall not limit the imposition of penalties pursuant to chapter 6E.  (c) The fines specified in this section shall not be suspended or waived. [L 2002, c 241, pt of §2]
HI Rev Stat § 6D-13 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6D. Protection of Caves|6D-13 Penalties cumulative.

  §6D-13 Penalties cumulative. (a) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against the person.  (b) Penalties under this section shall not limit the imposition of penalties pursuant to chapter 6E. [L 2002, c 241, pt of §2]
HI Rev Stat § 6E-1 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-1 Declaration of intent.

  §6E-1 Declaration of intent. The Constitution of the State of Hawaii recognizes the value of conserving and developing the historic and cultural property within the State for the public good. The legislature declares that the historic and cultural heritage of the State is among its important assets and that the rapid social and economic developments of contemporary society threaten to destroy the remaining vestiges of this heritage. The legislature further declares that it is in the public interest to engage in a comprehensive program of historic preservation at all levels of government to promote the use and conservation of such property for the education, inspiration, pleasure, and enrichment of its citizens. The legislature further declares that it shall be the public policy of this State to provide leadership in preserving, restoring, and maintaining historic and cultural property, to ensure the administration of such historic and cultural property in a spirit of stewardship and trusteeship for future generations, and to conduct activities, plans, and programs in a manner consistent with the preservation and enhancement of historic and cultural property. [L 1976, c 104, pt of §2] Cross References  Foundation on culture and the arts, see chapter 9.
HI Rev Stat § 6E-3.5 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-3.5 Consultation.

  §6E-3.5 Consultation. The department shall consult with appropriate organizations on all matters relating to aviation artifacts. [L 1996, c 97, §2]
HI Rev Stat § 6E-4 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-4 Administration.

  §6E-4 Administration. All state historic areas and buildings surplus to the operations of the department of accounting and general services shall be transferred by executive order to the department. All state projects and programs relating to historic preservation shall come under the authority of the department. [L 1976, c 104, pt of §2; am L 2015, c 147, §2]
HI Rev Stat § 6E-5 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-5 State historic preservation officer.

  §6E-5 State historic preservation officer. The governor shall appoint a state historic preservation officer, and may appoint the officer without regard to chapter 76, who shall be responsible for the comprehensive historic preservation program and who shall be the state liaison officer for the conduct of relations with the federal government and the respective states with regard to matters of historic preservation. The state historic preservation officer shall be appointed on the basis of professional competence and experience in the field of historic preservation and shall be placed in the department for the purposes of the state program. [L 1976, c 104, pt of §2; am L 2000, c 253, §150]
HI Rev Stat § 6E-5.5 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-5.5 The Hawaii historic places review board; creation; powers; appointments; composition.

 §6E-5.5 The Hawaii historic places review board; creation; powers; appointments; composition. (a) There is created a review board, to be designated the Hawaii historic places review board, for the Hawaii register of historic places and the national register of historic places which shall meet the requirements of federal law. The board shall be placed within the department of land and natural resources for administrative purposes and shall consist of seven members to be appointed and removed by the governor as provided in section 26-34. The board shall include one professionally qualified member of each of the following disciplines: archaeology, architecture, history, and sociology. In addition, there shall be one person knowledgeable in traditional Hawaiian society and culture.  (b) The review board shall:  (1) Order and enter historic properties into the Hawaii register of historic places on the basis of their value to Hawaii's heritage;  (2) Evaluate and, when appropriate, recommend the nomination of historic properties to the national register of historic places;  (3) Review the state survey of historic properties undertaken in accordance with this chapter;  (4) Review the content of the state historic preservation plan developed in accordance with this chapter;  (5) Elect a chairperson and a vice-chairperson and adopt such rules as are necessary for the purposes of this section;  (6) Maintain the Hawaii register of historic places, including all those listed on the national register of historic places, and a program of notification and publication regarding properties on the registers; and  (7) Develop policies on signage in historic districts.  (c) The members of the review board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.  (d) The department's determinations made pursuant to section 6E-8 may be appealed to the review board. [L 1980, c 293, § §9, 10; gen ch 1993; am L 1995, c 187, §1; am L 2012, c 150, §2; am L 2021, c 232, §1]
HI Rev Stat § 6E-6 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-6 Depositories for certain specimens and objects.

 §6E-6 Depositories for certain specimens and objects. The department shall serve as or shall determine the depository for all field notes, photographs, negatives, maps, artifacts, or other materials generated or recovered through historic preservation projects supported in whole or in part by the State or taking place on state lands.  Any aviation artifact or any specimen and object of natural and of botanical, ethnological, architectural, historical, or archaeological value or interest, and any book, treatise, or pamphlet relating thereto in the possession of the University of Hawaii, or any other state agency or its political subdivisions, if and when the same is no longer needed for scientific investigation, for study, or for any other purpose, at the request of the Bishop Museum or other qualified museums in this State, shall be transferred and delivered by and with the consent of such department, bureau, or board having possession thereof, to the Bishop Museum or other qualified museum, or exchanged with such museum, and whereupon, the title shall become vested in such museum and shall be held by them; provided that the aviation artifacts or any specimens and objects so transferred are made available at all reasonable times by the museum for study and examination by the officials of the university of such department, bureau, or board and to qualified scholars. [L 1976, c 104, pt of §2; am L 1996, c 97, §5]
HI Rev Stat § 6E-7 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-7 State title to historic property.

 §6E-7 State title to historic property. (a) All historic property located on lands or under waters owned or controlled by the State shall be the property of the State. The control and management of the historic property shall be vested in the department.  (b) The department may dispose of the historic property subject to chapter 171 and subject further to those reservations, restrictions, covenants, or conditions which relate to the preservation of the historic property, such as rights of access, public visitation, operation, maintenance, restoration, and repair. The department shall determine the conditions for any research affecting the historic property and may issue permits for the research.  (c) The State shall hold known burial sites located on lands or under waters owned or controlled by the State in trust for preservation or proper disposition by the lineal or cultural descendants.  (d) The State shall not transfer any historic property or aviation artifact under its jurisdiction without the concurrence of the department, and shall not transfer any burial site under its jurisdiction without consulting the appropriate island burial council. [L 1976, c 104, pt of §2; am L 1985, c 124, §1; am L 1990, c 306, §6; am L 1996, c 97, §6]