reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-14.5 Copies of certificate; fees.

§338-14.5 Copies of certificate; fees.
The fees for certified copies of birth, marriage, divorce, or death certificates issued by the department of health shall consist of $10 for the first copy issued and $4 for each copy issued thereafter. These fees shall be collected for each single request for certified copies. All fees received for the issuance of certified copies of birth, marriage, divorce, or death certificates shall be remitted to the director of health. Upon the receipt of remittances under this section, the director of health shall deposit:
(1) $1 for each certified copy to the credit of the spouse and child abuse special fund established under section 346-7.5;
(2) $1 for each certified copy to the credit of the spouse and child abuse special account established under section 601-3.6;
(3) $1 for each certified copy to the credit of the domestic violence and sexual assault special fund established under section 321-1.3;
(4) $1 for each certified copy to the credit of the vital statistics improvement special fund established under section 338-14.6; and
(5) The remainder of the fee for each certified copy to the credit of the state general fund. [L 1994, c 232, §1; am L 1997, c 216, § §6, 13; am L 1998, c 311, §7; am L 1999, c 194, §1; am L 2005, c 142, §3; am L 2019, c 84, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-14.6 Vital statistics improvement special fund.

§338-14.6 Vital statistics improvement special fund.
(a) There is established within the state treasury a special fund to be known as the vital statistics improvement special fund. The fund shall be administered and expended by the department of health.
(b) Moneys in the fund shall be used by the department of health for the modernization and automation of the vital statistics system in this State. Moneys in the fund may be used to assist in offsetting costs for the daily operations of the system of vital statistics.
(c) The fund shall consist of fees remitted pursuant to section 338-14.5. All realizations of the fund shall be subject to the conditions specified in subsection (b). [L 1997, c 216, § §2, 13; am L 1999, c 194, §1; am L 2010, c 55, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-15 Late or altered certificates.

§338-15 Late or altered certificates.
A person born in the State may file or amend a certificate after the time prescribed, upon submitting proof as required by rules adopted by the department of health. Certificates registered after the time prescribed for filing by the rules of the department of health shall be registered subject to any evidentiary requirements that the department adopts by rule to substantiate the alleged facts of birth. The department may amend a birth certificate to change or establish the identity of a registrant's parent only pursuant to a court order from a court of appropriate jurisdiction or pursuant to a legal establishment of parenthood pursuant to chapter 584. Amendments that change or establish the identity of a registrant's parent that are made in accordance with this section shall not be considered corrections of personal records pursuant to chapter 92F. [L 1949, c 327, §19; RL 1955, §57-18; am L Sp 1959 2d, c 1, §19; HRS §338-15; am L 1972, c 66, §1(1); am L 1997, c 305, §2; am L 2016, c 26, §1]
Attorney General Opinions
Section provides for the alteration of only birth certificates. Att. Gen. Op. 84-14.
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-16 Procedure concerning late and altered birth certificates.

§338-16 Procedure concerning late and altered birth certificates.
(a) Birth certificates registered one year or more after the date of birth, and certificates which have been altered after being filed with the department of health, shall contain the date of the late filing and the date of the alteration and be marked distinctly "late" or "altered".
(b) A summary statement of the evidence submitted in support of the acceptance for late filing or the alteration shall be endorsed on the certificates.
(c) Such evidence shall be kept in a special permanent file.
(d) When an applicant does not submit the minimum documentation required by the rules for late registration or when the state registrar finds reasons to question the validity or adequacy of the certificate or the documentary evidence, the state registrar shall not register the late certificate and shall advise the applicant of the reason for this action.
The department of health may by rule provide for the dismissal of an application which is not actively prosecuted.
(e) As used in this section, "late" means one year or more after the date of birth. [L 1949, c 327, §20; RL 1955, §57-19; am L Sp 1959 2d, c 1, §19; HRS §338-16; am L 1972, c 66, §1(2); am L 1997, c 305, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-17 Late or altered certificate as evidence.

§338-17 Late or altered certificate as evidence.
The probative value of a "late" or "altered" certificate shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence. [L 1949, c 327, §21; RL 1955, §57-20; HRS §338-17; am L 1997, c 305, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-17.5 Judicial procedure to establish facts of birth.

§338-17.5 Judicial procedure to establish facts of birth.
(a) If a delayed certificate of birth is rejected under section 338-16, a petition may be filed with the circuit court for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
(b) The petition shall be accompanied by a statement of the registration official made in accordance with section 338-16(d) and all documentary evidence which was submitted to the registration official in support of such registration.
(c) The court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioner's delayed certificate of birth fifteen days' notice of said hearing. Such official, or the official's authorized representative, may appear and testify in the proceeding.
(d) If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in this State, it shall make findings as to the place and date of birth, parentage, and such other findings as the case may require and shall issue an order to establish a record of birth.
(e) The clerk of the court shall forward a copy of the order to the state registrar of vital statistics not later than the 10th day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar of vital statistics in accordance with section 338-13. [L 1972, c 66, pt of §1(3); gen ch 1985; am L 1986, c 339, §45]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-17.8 Certificates for children born out of State.

§338-17.8 Certificates for children born out of State.
(a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.
(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.
(c) The fee for each application for registration shall be established by rule adopted pursuant to chapter 91. [L 1982, c 182, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-19 Photostatic or typewritten copies of records.

§338-19 Photostatic or typewritten copies of records.
The department of health is authorized to prepare typewritten, photostatic, or microphotographic copies of any records and files in its office, which by reason of age, usage, or otherwise are in such condition that they can no longer be conveniently consulted or used without danger of serious injury or destruction thereof, and to certify to the correctness of such copies. The typewritten, photostatic, or microphotographic copies shall be competent evidence in all courts of the State with like force and effect as the original. [L 1949, c 327, §23; RL 1955, §57-22; am L 1957, c 8, §1; am L Sp 1959 2d, c 1, §19; HRS §338-19]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-20 Adoption.

§338-20 Adoption.
(a) In case of the adoption of any person born in the State, the department of health, upon receipt of a properly certified copy of the adoption decree, or certified abstract thereof on a form approved by the department, shall prepare a supplementary certificate in the name of the adopted person, as fixed or changed by the decree, and seal and file the original certificate of birth with the certified copy attached thereto.
(b) The registrar of births shall show on the supplemental birth certificate the names of parents as stated in the adoption decree pursuant to section 578-14.
(c) Any certified copy of final decree of adoption, or abstract thereof, of persons born in the State, rendered by courts of other states and territories subject to the jurisdiction of the United States, or courts of a foreign country, shall be considered properly certified when attested by the clerk of the court in which it was rendered with the seal of the court annexed, if there be a seal, together with a certificate of the presiding judge, chancellor, or magistrate that the attestation is in due form.
(d) If no original certificate of birth shall be on file with the department, the department may require such evidence as it deems necessary to establish the facts of birth before preparing a supplementary certificate in the new name of the adopted person; provided that no such certificate shall be filed unless it shall be satisfactorily established that the adopted person was born in the State.
(e) The sealed documents may be opened by the department only by an order of a court of record or when requested in accordance with section 578-14.5 or 578-15. Upon receipt of a certified copy of a court order setting aside a decree of adoption, the department shall restore the original certificate to its original place in the files. [L 1949, c 327, §24; RL 1955, §57-23; am L Sp 1959 2d, c 1, §19; HRS §338-20; am L 1978, c 50, §1; am L 1979, c 203, §2; am L 1980, c 153, §6 and c 232, §18; am L 1988, c 274, §2; am L 1990, c 338, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-20.5 Adoption; foreign born persons.

§338-20.5 Adoption; foreign born persons.
(a) The department of health shall establish a Hawaii certificate of birth for a person born in a foreign country and for whom a final decree of adoption has been entered in a court of competent jurisdiction in Hawaii, when it receives the following:
(1) A properly certified copy of the adoption decree, or certified abstract thereof on a form approved by the department; and
(2) A copy of any investigatory report and recommendation which may have been prepared by the [director of human services]; and
(3) A report on a form to be approved by the department of health setting forth the following:
(A) Date of assumption of custody;
(B) Sex;
(C) Color or race;
(D) Approximate age of child;
(E) Name and address of the person or persons adopting said child;
(F) Name given to child by adoptive parent or parents;
(G) True or probable country of birth.
The true or probable country of birth shall be known as the place of birth, and the date of birth shall be determined by approximation. This report shall constitute an original certificate of birth; and
(4) A request that a new certificate of birth be established.
(b) After preparation of the new certificate of birth in the new name of the adopted person, the department of health shall seal and file the certified copy of the adoptive decree, the investigatory report and recommendation of the director of human services if any, the report constituting the original certificate of birth, and the request for a new certificate of birth. The sealed documents may be opened by the department only by an order of a court of record or when requested in accordance with section 578-14.5 or 578-15. The new certificate of birth shall show the true or probable foreign country of birth, and that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents. [L 1979, c 203, §3; am L 1990, c 338, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-21 Children born to parents not married to each other.

§338-21 Children born to parents not married to each other.
(a) All children born to parents not married to each other, irrespective of the marriage of either natural parent to another, (1) on the marriage of the natural parents with each other, (2) on the voluntary, written acknowledgments of paternity under oath signed by the natural father and the natural mother, or (3) on establishment of the parent and child relationship under chapter 584, are entitled to the same rights as those born to parents married to each other and shall take the name so stipulated by their parents or, if the parents do not agree on the name, shall take the name specified by a court of competent jurisdiction to be the name that is in the best interests of the child. The original certificate of birth shall contain the name so stipulated. The child or children or the parents thereof may petition the department of health to issue a new original certificate of birth, and not a duplicate of the original certificate that has been amended, altered, or modified, in the new name of the child, and the department shall issue the new original certificate of birth. As used in this section "name" includes the first name, middle name, or last name.
(b) The evidence upon which the new original certificate is made, and the superseded original certificate shall be sealed and filed and may be opened only upon order of a court of record.
(c) If the child's natural parents marry each other and desire to change the child's name, the child's name may be changed and a new original certificate of birth prepared.
(d) Nothing in this section shall be construed to limit the power of the courts to order the department to prepare new certificates of birth under section 584-23. [L 1949, c 327, §25; RL 1955, §57-24; am L Sp 1959 2d, c 1, §19; am L 1967, c 6, §2; HRS §338-21; am L 1975, c 66, §2(4); am L 1980, c 153, §5; am L 1983, c 65, §2; am L 1986, c 287, §1; am L 1987, c 100, §2; am L 1988, c 141, §27; am L 1993, c 131, §3]
Attorney General Opinions
Department of health's preparation of a new birth certificate pursuant to paternity orders. Att. Gen. Op. 87-6.
Case Notes
Legitimacy or illegitimacy fixed at birth and cannot be changed by subsequent legislation. 3 H. 459 (1871); 4 H. 548 (1882). Prior to amendment of Act 71, L 1907, children of adulterous intercourse not legitimated by subsequent marriage of parents. 4 H. 292 (1880); 17 H. 45 (1905), 17 H. 415 (1906), aff'd 210 U.S. 149 (1908).
Child begotten and born out of wedlock even though legitimated by statute on marriage of parents, is not "lawfully begotten child" within meaning of will. 14 H. 271 (1902).
Legitimation by subsequent marriage. 29 H. 258 (1926), aff'd 16 F.2d 273 (1926).
Presumption of legitimacy is not conclusive, but rebuttable. 30 H. 574 (1928). Evidence to rebut presumption. 49 H. 273, 414 P.2d 925 (1966).
Effect of legitimation on necessity of father's consent to adoption of child. 52 H. 395, 477 P.2d 780 (1970).
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-22 Other persons required to make records.

§338-22 Other persons required to make records.
Persons in charge of institutions for care or correction or for treatment of disease, injury, or childbirth shall record and report all statistical data required by this part relating to their inmates or patients. [L 1949, c 327, §26; RL 1955, §57-25; HRS §338-22]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-23 Permit for removal, burial, or other disposition of body.

§338-23 Permit for removal, burial, or other disposition of body.
When a death or fetal death occurs or a dead body is found, the body shall not be disposed of or removed from the registration district until a written permit has been issued by the local agent of the department of health, except that if the dead fetus is less than twenty-four weeks of gestation, no permit shall be required and except that if the death occurred as a result of an accident or other casualty occurrence, the local agent of the department of health may orally authorize the dead bodies to be removed from a registration district and airlifted or otherwise directly transported to the Honolulu registration district for the preparation and filing of death certificates and the issuance of written permits for further disposition. [L 1949, c 327, §27; am L 1951, c 92, §4; RL 1955, §57-26; am L Sp 1959 2d, c 1, §19; HRS §338-23; am L 1981, c 113, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-24 Foreign permit for removal, burial, or other disposition of body.

§338-24 Foreign permit for removal, burial, or other disposition of body.
When the death or fetal death occurs outside this State and the body is accompanied by a permit for burial, removal, or other disposition issued in accordance with the law and regulations in force where the death or fetal death occurred, the permit shall authorize the transportation of the body into or through this State, but before the burial, cremation, or other disposal of the body within this State, the permit shall be endorsed by the local agent of the department of health who shall keep a record thereof. [L 1949, c 327, §28; am L 1951, c 92, §5; RL 1955, §57-27; am L Sp 1959 2d, c 1, §19; HRS §338-24]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-25 Prerequisite for permit.

§338-25 Prerequisite for permit.
No permit under section 338-23 shall be issued until a certificate of death or fetal death, as far as it can be completed under the circumstances of the case, has been filed and until all the regulations of the department of health in respect to the issuance of such permit have been complied with. [L 1949, c 327, §29; am L 1951, c 92, §5; RL 1955, §57-28; am L Sp 1959 2d, c 1, §19; HRS §338-25]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-25.5 Disinterment of human bodies.

§338-25.5 Disinterment of human bodies.
(a) No corpse, nor the remains of any dead human body, exclusive of ashes, shall be exposed, disturbed, or removed from its place of burial, nor shall the receptacle, container, or coffin holding the remains or corpse be opened, removed, or disturbed after due interment, except upon written application made to the director of health for a permit therefor and upon the issuance and according to the terms of a permit granted therefor by the director. After any removal or disturbance the grave shall be filled at once and restored to its former condition. A cemetery authority with a current and active license with the department of commerce and consumer affairs may disinter and reinter a corpse or remains within that same cemetery without filing an application for a permit from the department of health if the cemetery authority has written authorization from the majority of the next-of-kin of the person whose corpse or remains is disinterred, as determined by the priority of succession order required by section 531B-4; provided that this exception shall not apply to disinterment of a corpse or remains for transfer off of the cemetery property to another physical address. The cemetery authority may require a licensed embalmer to be available during the disinterment in the event that human remains may be exposed.
For the purposes of this subsection, "cemetery," "cemetery authority," and "cemetery property" have the same meaning as provided in section 441-1.
(b) Notwithstanding the provisions of subsection (a), the department of land and natural resources pursuant to sections 6E-43 and 6E-43.6 may authorize exposure, removal, disinterment, or any other act without obtaining a permit from the department of health. [L 1921, c 111, §1; RL 1925, §4493; RL 1935, §5800; am L 1937, c 195, §1; RL 1945, §11200; RL 1955, §276-1; am L Sp 1959 2d, c 1, §19; HRS §734-1; ren L 1972, c 9, pt of §1; am L 1990, c 306, §14; am L 2019, c 198, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-25.6 Fee.

§338-25.6 Fee.
A fee of $5 shall be charged by the director of health for the issuing of such permit, the fee to be paid and accounted for to the treasury of the State, provided that subject to the provisions of section 338-25.5 the director shall issue a permit, free of charge, to any county, state or federal officer, acting in the officer's official capacity, or to representatives of the consular corps, or to any domestic or foreign corporation, association, or organization not operated for profit which engages in public charity. [L 1921, c 111, §2; RL 1925, §4494; RL 1935, §5801; am L 1937, c 195, §2; RL 1945, §11201; RL 1955, §276-2; am L Sp 1959 2d, c 1, §19; HRS §734-2; ren L 1972, c 9, pt of §1; gen ch 1985]
Cross References
Modification of fee, see §92-28.
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-28 Transmittal of certificates to department.

§338-28 Transmittal of certificates to department.
Local agents of the department of health shall transmit all certificates filed with them to the department in accordance with regulations of the department. [L 1949, c 327, §32; RL 1955, §57-31; am L Sp 1959 2d, c 1, §19; HRS §338-28]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-29.5 Late registration of death, fetal death, marriage, and divorce.

§338-29.5 Late registration of death, fetal death, marriage, and divorce.
(a) When a death, fetal death, marriage, or divorce occurring in this State has not been registered, a certificate may be filed in accordance with rules adopted by the department of health. The certificate shall be registered subject to any evidentiary requirements that the department adopts by rule to substantiate the alleged facts of death, fetal death, marriage, or divorce.
(b) Certificates of death, fetal death, marriage, or divorce registered one year or more after the date of occurrence shall be marked "late" and shall show on the face the date of the late registration.
(c) As used in this section, "late" means one year or more after the date of the death, fetal death, marriage, or divorce. [L 1972, c 66, pt of §1(3); am L 1997, c 305, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-30 Penalties.

§338-30 Penalties.
(a) Except where a different penalty is provided in this part, any person who violates this part, or neglects or refuses to perform any of the duties imposed upon the person by this part, shall be fined not more than $100.
(b) Any person who wilfully makes or alters any certificate or certified copy thereof provided for in this part except in accordance with this part, shall be fined not more than $1,000, or imprisoned not more than six months, or both.
(c) Any person, who knowingly transports, or accepts for transportation, interment, or other disposition, a dead body without an accompanying permit issued in accordance with this part, shall be fined not more than $500.
(d) Any person who presents false information in order to obtain access to or a certified copy of a vital record for which the person is not eligible is guilty of a misdemeanor and shall be fined not more than $1,000. [L 1949, c 327, §33; RL 1955, §57-33; HRS §338-30; am L 1977, c 118, §2; gen ch 1985]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-41 Issuance; procedure.

§338-41 Issuance; procedure.
(a) The department of health may make regulations respecting the form of Hawaiian birth certificates and certified copies of such certificates and other matters relating to Hawaii birth certificates as appear necessary and the regulations, when approved and made in accordance with chapter 91, shall have the force of law. The department shall furnish the form of the certificates and copies made therefrom.
(b) Any certificate of Hawaiian birth issued heretofore under or by virtue of any law of the Territory of Hawaii or the State, shall be prima facie evidence of the facts therein stated. [L 1911, c 96, §1; am L 1923, c 246, §1; RL 1925, §196; am L 1927, c 202, §1; RL 1935, §7610; RL 1945, §12910; am L 1951, c 132, §1; RL 1955, §57-40; am L Sp 1959 2d, c 1, §9; am L 1965, c 96, §39; HRS §338-41; am L 1970, c 11, §1; am L 1972, c 66, §1(4)]
Case Notes
Prima facie evidence overcome by competent evidence of nonidentification. 4 U.S.D.C. Haw. 258 (1913).
Certificate not controlling upon U.S. immigration officials re admission of Chinese. 217 F. 48 (1914); 35 Op. U.S. Att. Gen. 69 (1926).
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-43 OLD REPEALED. §338-43 Perjury.

§338-43 OLD REPEALED.
L 1972, c 66, §1(6).
§338-43 Perjury.
Any applicant or any person who gives or offers any false testimony, oral or written, under oath, in support or respect of any application for a certificate under section 338-41, shall be deemed guilty of perjury and shall be punishable accordingly. [L 1911, c 96, §2; RL 1925, §197; RL 1935, §7611; RL 1945, §12911; RL 1955, §57-44; HRS §338-44; ren L 1972, c 66, §1(6)]
Cross References
Perjury and related offenses under the Penal Code, see § §710-1060 to 710-1069.5.
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-51 Administration of oaths.

§338-51 Administration of oaths.
Regular employees in the research and statistics office of the department of health may be appointed by the director of health to administer the oaths required by this chapter to be taken when registering vital events on a delayed basis and when correcting items on vital records registered under this chapter. [L 1975, c 62, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 338. Vital Statistics › 338-55 Disposition of body; armed forces service members.

§338-55 Disposition of body; armed forces service members.
The person designated by the decedent as authorized to direct disposition on a United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, may arrange for the final disposition of the decedent's body, including cremation, if the decedent:
(1) Died while serving in any branch of the United States armed forces, United States reserve forces, or National Guard; and
(2) Executed the United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form. [L 2011, c 71, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-1 Definitions.

Revision Note
Sections 339-1 to 11 designated as part I.
§339-1 Definitions.
As used in this chapter:
"Beverage" means beer or other malt beverages, mineral waters, fruit juices, ades, and other similar noncarbonated drinks, soda water, and flavored carbonated drinks, in liquid form and intended for human consumption.
"Beverage container" means the individual, separate, sealed glass, metal or plastic bottle or can, containing a beverage.
"Department" means the department of health.
"Director" means the director of the department of health.
"Litter" means rubbish, refuse, waste material, garbage, trash, offal, or any debris of whatever kind or description, whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass, or solid waste.
"Litter bag" means a bag, sack, or other container which is large enough to serve as a receptacle for litter.
"Littering" means placing, throwing, or dropping litter on public or private property or in any public or private waters, except:
(1) In a place which is designated by the department or the county for the disposal of garbage and refuse;
(2) Into a litter receptacle; or
(3) Into a litter bag, provided that the bag is disposed of properly into a litter receptacle or in a place designated by the department or the county for disposal of garbage and refuse.
"Litter receptacle" means any container approved by the director and made available for the depositing of wastes.
"Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.
"Recycle" means to extract from the waste collection items for which a market exists and delivering such items to a point where they are converted to a material for later manufacture or reprocessing.
"Watercraft" means any boat, ship, vessel, or other floating craft which is berthed in or sails upon the territorial waters of Hawaii.
"Waters of the State" means any stream, river, ocean, canal, harbor, bay, or the like located within the territorial limits of the State. [L Sp 1977 1st, c 2, pt of §2; am L 1979, c 60, §2; am L 1991, c 157, §9]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-2 Powers of the director.

§339-2 Powers of the director.
(a) The director shall have the power to administer and enforce the provisions of this chapter and to propose and to adopt pursuant to chapter 91 rules necessary to carry out the provisions, purposes, and intent of this chapter, and may delegate responsibilities with the exception of rulemaking to the agency the director deems appropriate.
(b) The director may request all state and local governmental agencies having law enforcement powers to provide services and personnel reasonably necessary to assist in the enforcement of this chapter. Any such agency and personnel thereof so assisting the director shall be empowered to enforce this chapter and all such rules.
(c) The director may employ a person without regard to chapter 76 to serve at the director's pleasure as the director finds necessary for the implementation of this chapter.
(d) The provisions of this chapter shall not in any way preempt or diminish the present powers and duties of state and county agencies in regard to the prevention and control of litter. [L Sp 1977 1st, c 2, pt of §2; gen ch 1985; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-3 Duties of the director.

§339-3 Duties of the director.
(a) The director shall:
(1) Be responsible for the study of available research in the field of litter control, prevention, removal, disposal, and recycling; the study of methods for the implementation of such research; and development of public educational programs;
(2) Serve as a coordinator between the State, state agencies, and various organizations seeking to aid in the anti-litter effort;
(3) Cooperate with local governments to accomplish the coordination of anti-litter efforts; and
(4) Encourage voluntary local anti-litter campaigns.
(b) The director may:
(1) Apply for funds or other resources available from private or public sources;
(2) Conduct educational programs intended to instill the anti-litter ethic;
(3) Design a state anti-litter symbol;
(4) Post anti-litter signs in public places where required; and
(5) Design and make available a litter bag bearing the state anti-litter symbol and a statement of the penalties prescribed herein for littering. [L Sp 1977 1st, c 2, pt of §2; am L 1998, c 277, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-4 Prohibition.

§339-4 Prohibition.
(a) No person shall discard or otherwise dispose of litter in a public place, or on private property, or in the waters of the State except:
(1) In a place which is designated by the department or the county for the disposal of garbage and refuse.
(2) Into a litter receptacle.
(3) Into a litter bag, provided that the bag is disposed of properly into a litter receptacle or in a place which is designated by the department or the county for the disposal of garbage and refuse.
It shall be an affirmative defense that the defendant had consent of the owner in control of the property.
(b) In the case of litter discarded or deposited from a vehicle on any highway, the driver of the vehicle may be cited for any litter discarded or deposited from such vehicle.
(c) No person in any way shall damage any litter receptacle so as to interfere with its proper function or to detrimentally affect its proper appearance.
(d) No person shall remove from its place, any litter receptacle which the person does not own, or for which the person does not have responsibility.
(e) No person shall transport litter from private households or commercial activities and discard them in litter receptacles located in public places. [L Sp 1977 1st, c 2, pt of §2; am L 1979, c 60, §3; am L 1985, c 97, §2; gen ch 1985]
Cross References
Littering from vehicles, see §291C-132.
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-5 Responsibilities of owners and lessees of real property.

§339-5 Responsibilities of owners and lessees of real property.
It shall be the responsibility of any owner or lessee of real property in state land use urban districts zoned for urban use by the county to maintain sidewalks, alleys, curbs, roadway shoulder areas, fence lines, and hedges immediately adjoining such real property in a litter-free condition except that in no way will the statute be used to release the state and county agencies from continuing their present level of public property maintenance. [L Sp 1977 1st, c 2, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-6 Litter containers.

§339-6 Litter containers.
Litter receptacles shall be suitably located along the public highways of the State, public places, beaches and bathing areas. The number of such receptacles and the duty to provide receptacles and to dispose of litter from the receptacles shall be established by the rules adopted pursuant to section 339-2(a). [L Sp 1977 1st, c 2, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-7 Beverage container requirements.

§339-7 Beverage container requirements.
(a) No person in this State shall manufacture or import for sale in this State or offer for sale at wholesale in this State after July 1, 1979, or sell for retail in this State after October 1, 1979, any beverage in metal containers so designed and constructed that a part of the container is permanently detached in opening the container. However, nothing in this subsection shall prohibit the sale or offer for sale of a container the only detachable part of which is a piece of pressure sensitive tape.
(b) Failure to comply with the provisions of this section shall constitute a violation and shall carry a fine of $250. Each day of such failure shall constitute a separate violation. [L Sp 1977 1st, c 2, pt of §2; am L 1978, c 154, §1; am L 1979, c 70, §1; am L 1981, c 40, §1]
Cross References
Plastic container requirements, see §342H-42.
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-8 Penalties.

§339-8 Penalties.
(a) Except as otherwise provided by this chapter, any person violating any provision of this chapter or any rule adopted under this chapter shall be guilty of a violation, and shall be fined not less than $100, and not more than $500 for each offense, and ordered to pick up and remove litter from a public place under the supervision of the director as follows:
(1) For the first offense, the violator shall spend four hours of either picking up litter or performing community service; and
(2) For any subsequent offense, the violator shall spend eight hours of either picking up litter or performing community service.
(b) If the environmental court judges the violator to be incapable of litter removal and pick up, the environmental court may provide some other community work as it deems appropriate. All persons who are caught littering shall be required to remove the litter that they caused or shall be liable for the costs of removing that litter. [L Sp 1977 1st, c 2, pt of §2; am L 1979, c 60, §4; am L 1985, c 139, §1; am L 1991, c 157, §10; am L 1992, c 116, §2; am L 2006, c 158, §3; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-10 Injunction to restrain violation.

§339-10 Injunction to restrain violation.
In addition to the remedies provided in this chapter, the director may apply to the circuit environmental court for a temporary or permanent injunction restraining any person from violating any provision of this chapter. [L Sp 1977 1st, c 2, pt of §2; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-11 Transfer of authority and responsibility.

§339-11 Transfer of authority and responsibility.
The governor may, at the governor's discretion, transfer the authority and responsibility for implementing the provisions of this chapter to any appropriate state agency or office. [L Sp 1977 1st, c 2, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-12 Intentional release of balloons; prohibition.

§339-12 Intentional release of balloons; prohibition.
(a) No person or entity shall intentionally release, organize the release of, or otherwise cause the release of a balloon inflated with a gas that is lighter than air, except for:
(1) A balloon released for scientific or meteorological purposes, on behalf of a governmental agency or pursuant to a governmental contract;
(2) A hot air balloon that is recovered after launching; or
(3) A balloon that is released and remains indoors.
(b) Any person or entity who violates this section shall be subject to a civil penalty of no more than $500 for each offense. For the purposes of this section, the release of multiple balloons at one time shall be considered a single offense. [L 2021, c 141, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-21 Definitions.

Cross References
Integrated solid waste management, see chapter 342G.
Solid waste pollution, see chapter 342H.
§339-21 Definitions.
As used in this part, unless the context otherwise requires:
"Degradable" means all of the following:
(1) Capable of achieving degradation by biological processes, photodegradation, chemodegradation, or degradation by other natural degrading processes;
(2) Degradation at a rate that is equal to, or greater than, the degradation by a process specified in paragraph (1) of other commercially available plastic devices; and
(3) Degradation which will not produce or result in a residue or byproduct which, during or after such process of degrading, would be a hazardous or extremely hazardous waste as specified in the Resource Conservation and Recovery Act.
"Director" means the director of health or the director's duly appointed agent. [L 1989, c 312, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-22 Prohibited acts.

§339-22 Prohibited acts.
(a) No person shall sell or offer for sale to any consumer within the State beverage containers, motor oil, or other consumer goods connected to each other with plastic connecting devices that are not degradable. This section shall not apply to the following plastic connecting devices:
(1) Plastic connecting devices that contain an enclosed hole or circle less than 1 and 1/4 inches in diameter; and
(2) Plastic connecting devices comprised of one or more rings that are broken when the beverage container or other consumer good is removed from the ring or rings.
(b) Notwithstanding section 339-24 to the contrary, any person who violates this section shall be fined $250 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 1989, c 312, pt of §2; am L 1992, c 284, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-23 Rules.

§339-23 Rules.
The director shall establish by rules adopted under chapter 91 the criteria for eliminating the use of nondegradable plastic connecting devices to protect the air, land, and waters of the State against environmental contamination and degradation. [L 1989, c 312, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 339. Litter Control › 339-24 Penalties.

§339-24 Penalties.
Any person who knowingly violates this part shall be fined not more than $500 for each separate offense. Each day of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 1989, c 312, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-7 Regulatory authority.

Revision Note
This part, designated as part IV by L 2009, c 183, §5, is redesignated as part III pursuant to §23G-15.
§339D-7 Regulatory authority.
The department may adopt rules, pursuant to chapter 91, necessary to implement this chapter. [L Sp 2008, c 13, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-7.5 Manufacturer and agent responsibilities; regulatory compliance.

§339D-7.5 Manufacturer and agent responsibilities; regulatory compliance.
Each manufacturer shall be responsible for ensuring that the manufacturer and its agents follow all federal, state, and local regulations when collecting, transporting, and recycling electronic devices, and adopt environmentally sound recycling practices for the electronic devices. [L 2009, c 183, §7; am L 2022, c 151, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-8 Enforcement.

§339D-8 Enforcement.
(a) The department may conduct audits and inspections to determine compliance under this chapter. Except as provided in subsection (c), the department and the attorney general shall be empowered to enforce this chapter and take necessary action against any manufacturer or retailer for failure to comply with this chapter or rules adopted thereunder.
(b) The attorney general may file suit in the name of the State to enjoin an activity related to the sale of electronic devices in violation of this chapter.
(c) The department shall issue a warning notice to a person for the person's first violation of this chapter. The person shall comply with this chapter within sixty days of the date the warning notice was issued or be subject to the penalties provided by law or rule, including but not limited to penalties set forth in subsections (d) through (g). A retailer that receives a warning notice from the department for a violation of section 339D-24(a) shall submit proof to the department, within sixty days from the date the warning notice was issued, that its inventory of electronic devices offered for sale is in compliance with this chapter.
(d) Any retailer who sells or offers for sale an unlabeled electronic device in violation of section 339D-24, or any manufacturer that fails to comply with any provision of section 339D-23 may be assessed a penalty of up to $10,000 for the first violation and up to $25,000 for the second and each subsequent violation, in addition to any additional penalties required or imposed pursuant to this chapter.
(e) Except as provided in subsection (d), any person who violates any requirement of this chapter may be assessed a penalty of up to $1,000 for the first violation and up to $2,000 for the second and each subsequent violation, in addition to any additional penalties required or imposed pursuant to this chapter.
(f) The department shall determine additional penalties based on adverse impact to the environment, unfair competitive advantage, and other considerations that the department deems appropriate.
(g) If a manufacturer fails to meet its recycling goals pursuant to section 339D-23.1(c), the department shall impose a penalty of $1.50 per pound for each pound not recycled.
[L Sp 2008, c 13, pt of §2; am L 2009, c 183, §12; am L 2022, c 151, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-9 Administrative penalties; fees.

§339D-9 Administrative penalties; fees.
(a)
In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter for a violation thereof, the department is authorized to impose by order administrative penalties and is further authorized to set, charge, and collect administrative fines and to recover administrative fees and costs, including attorney's fees and costs, or to bring legal action to recover administrative fines and fees and costs, including attorney's fees and costs.
(b) Notwithstanding subsection (a), the department shall not have the authority to assess any fees, including an advanced recycling fee, registration fee, or other fee, on consumers, manufacturers, or retailers for recovery of electronic devices except those noted in section 339D-22. [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §13; am L 2011, c 43, §8; am L 2022, c 151, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-10 Electronic device recycling fund.

§339D-10 Electronic device recycling fund.
(a) There is established in the state treasury the electronic device recycling fund into which shall be deposited all fees, payments, and penalties collected by the department pursuant to this chapter.
(b) The electronic device recycling fund shall be administered by the department of health. Moneys in the fund shall be expended by the director for the purpose of implementing and enforcing this chapter. Moneys may also be expended by the director to support county electronics collections. [L Sp 2008, c 13, pt of §2; am L 2017, c 130, §1]
Note
The 2017 amendment applies to county electronics collections occurring on or after January 1, 2016. L 2017, c 130, §3.
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-11 Financial and proprietary information; report.

§339D-11 Financial and proprietary information; report.
(a) Notwithstanding any law to the contrary, financial or proprietary information, including trade secrets, commercial information, and business plans, submitted to the department under this chapter is confidential and is exempt from public disclosure to the extent permitted by chapter 92F.
(b) The department shall compile the information submitted by manufacturers and issue a report to the legislature no later than April 1, 2012, and annually each year thereafter. [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §14; am L 2022, c 151, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-12 Federal preemption.

§339D-12 Federal preemption.
Part IV of this chapter shall be deemed repealed if a federal law or a combination of federal laws takes effect that establishes a national program for the recycling of electronic devices that substantially meets the intent of part IV of this chapter. [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §15; am L 2022, c 151, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-21 Applicability.

Note
Part heading amended by L 2022, c 151, §9.
§339D-21 Applicability.
The recycling provisions of this part shall apply only to electronic devices used and discarded in the State. [L 2009, c 183, pt of §6; am L 2022, c 151, §10]