reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-32 Diamond Head State Monument.

§6E-32 Diamond Head State Monument.
(a) There shall be a Diamond Head State Monument as a historical site on Oahu to be administered by the department of land and natural resources, and to consist of:
(1) All state owned lands within the state conservation land use district on the slopes of Diamond Head including the board of water supply booster pump site (tax map key 3-1-42:05);
(2) Those lands that the department considers essential to the unimpaired preservation of the visual and historic aspects of Diamond Head;
(3) Those state lands more fully described in this section that may be best used for recreational purposes and to increase public access and enjoyment of the monument; and
(4) Kuilei Cliffs Park (tax map key 3-1-42:02 and tax map key 3-1-38:29) and Diamond Head Park (tax map key 3-1-42:04 and tax map key 3-1-37:01), which shall be administered by the city and county of Honolulu in accordance with this section.
(b) All state lands within and adjacent to the monument shall be returned to the department for inclusion within the monument, including, but not limited to, lands identified by tax map key numbers 3-1-42:6, 8, 10, 14, 15, 16, 17, 21, 23, 24, 25, 37, and 38 and 3-1-35:22 and 23. The Na Laau Hawaii arboretum and parcels A, B, C, and D as described in Executive Order No. 2000 dated April 9, 1962, establishing the Diamond Head State Monument, shall be included within the boundaries of the Diamond Head State Monument.
[(c)] The Diamond Head State Monument Plan, adopted by the board of land and natural resources in November of 1979, shall serve as the official document setting forth the future direction of the Diamond Head State Monument.
The board of land and natural resources may amend the monument plan from time to time with the review and recommendations of the Diamond Head citizen advisory committee, organized in October of 1977.
[(d)] Notwithstanding any other law, including county ordinances, to the contrary, no expansion of buildings and other structures and no construction activity shall take place within the boundaries of the Diamond Head State Monument; provided that the board of land and natural resources may permit improvement projects that are consistent with the Diamond Head State Monument Plan of 1979 to take place.
[(e)] So much of the transfer effected pursuant to Act 138, Laws of the Territory of Hawaii 1913, from the State to the city and county of Honolulu, as relates to the transfer of the Honolulu water and sewer works at the abandoned reservoir parcels identified by tax map key number 3-1-35:22 and 23, shall be withdrawn from the operation of Act 138. The right, title, and interest of the city and county of Honolulu relating to the abandoned reservoir site identified by tax map key number 3-1-35:22 and 23, appurtenant to the water and sewer works, shall revert to and be vested in the State. [L 1976, c 104, pt of §2; am L 1988, c 195, §2; am L 1992, c 313, § §3 to 6; am L 2001, c 258, §2]
Revision Note
Subsections (c) to (e) added by revisor.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-32.5 Mount Olomana state monument.

§6E-32.5 Mount Olomana state monument.
There is established the Mount Olomana state monument as a historic landmark on Oahu to be administered by the department of land and natural resources and to consist of those lands that the department determines to be essential to the preservation of the visual, cultural, and historical aspects and significance of Mount Olomana. Subject to legislative appropriation, the department shall acquire through purchase, land exchange, or both, those lands identified as significant to the preservation of Mount Olomana as a historic landmark. [L 1993, c 348, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-34 Capitol site.

§6E-34 Capitol site.
The portion of the "Honolulu Civic Center" adopted by the Honolulu city planning commission on February 23, 1945, as the master plan for the city and county of Honolulu after a public hearing on February 1, 1945, for the executive-legislative center, specifically that area of Honolulu bounded by Richards, Beretania, Punchbowl, and Hotel Streets, for which lands have been acquired and preliminary plans have been designed pursuant to Act 401, Session Laws of Hawaii 1949, is designated as the capitol site for the State. [L 1976, c 104, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-35 Iolani Palace.

§6E-35 Iolani Palace.
(a) The official designation of the palace of the former monarchs of Hawaii shall be Iolani Palace.
(b) The official designation of the Friends of Iolani Palace shall be the State of Hawaii Museum of Monarchy History. The qualifying standards and conditions related to the receipt of funds under chapter 42F shall not apply to funds received by the State of Hawaii Museum of Monarchy History; provided that if the museum contracts with a recipient or provider, then the qualifying standards, conditions, and other provisions of chapter 42F shall apply to the recipient or provider and the contract.
(c) To receive state funds, the State of Hawaii Museum of Monarchy History shall:
(1) Be licensed or accredited, in accordance with federal, state, or county statutes, rules, or ordinances, to conduct the activities or provide the services for which funds are appropriated;
(2) Comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, or disability;
(3) Agree not to use the funds for entertainment or lobbying activities;
(4) Be incorporated under the laws of the State;
(5) Have bylaws or policies that describe the manner in which the activities or services for which a grant is awarded shall be conducted or provided;
(6) Have been determined and designated to be a tax-exempt organization by the Internal Revenue Service; and
(7) Have a governing board whose members shall have no material conflict of interest and serve without compensation.
(d) The comptroller and state auditor shall have the authority to examine the use of funds appropriated to the State of Hawaii Museum of Monarchy History.
(e) The State of Hawaii Museum of Monarchy History shall provide to the legislature an annual report no later than twenty days prior to the convening of each regular session, which shall include an explanation of the facility maintenance and other functions accomplished by state fund expenditures in the previous fiscal year. [L 1976, c 104, pt of §2; am L 2007, c 291, § §2, 3; am L 2008, c 126, §1; am L 2014, c 96, §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-36 Sand Island.

§6E-36 Sand Island.
The island on the southwest side of Honolulu Harbor, Oahu, 21 degrees 18 minutes 30 seconds north, 157 degrees 53 minutes 00 seconds west, city and county of Honolulu, proclaimed Anuenue (also known as Rainbow Island) by memorandum 1969-4 of the governor shall be named Sand Island. The name Sand Island shall be used on all official state maps, documents, and correspondence. [L 1976, c 104, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-37 National statuary hall; Father Damien.

§6E-37 National statuary hall; Father Damien.
The State of Hawaii exercises its prerogative pursuant to section 2 of "An Act making appropriation for sundry Civil Expenses of the Government for the Year ending the Thirtieth of June eighteen hundred and sixty-five and for other Purposes" (Act of July 2, 1864 of the Thirty-Eighth Congress, Section 1814 of the Revised Statutes) and designates the Reverend Joseph Damien deVeuster, SS. CC., as a citizen of Hawaii worthy of commemoration in the national statuary hall. [L 1976, c 104, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-38 National statuary hall; King Kamehameha I.

§6E-38 National statuary hall; King Kamehameha I.
King Kamehameha I is selected as one of the two illustrious, deceased persons whose statue shall be furnished by the State of Hawaii for placement in the national statuary hall in the national capitol pursuant to Title 40 United States Code 187. [L 1976, c 104, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-39 Jurisdiction over World War II memorial.

§6E-39 Jurisdiction over World War II memorial.
The jurisdiction and control of the World War II memorial, located in the front of the state office building in Honolulu, is vested in the state department of accounting and general services. [L 1976, c 104, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-40 Bernice Pauahi Bishop Museum.

§6E-40 Bernice Pauahi Bishop Museum.
The official designation of the Bernice Pauahi Bishop Museum shall be the State of Hawaii Museum of Natural and Cultural History. The qualifying standards and conditions related to the receipt of funds contained in chapter 42F shall not apply to funds received by the State of Hawaii Museum of Natural and Cultural History; provided that if the museum in turn contracts with a recipient or provider, then the qualifying standards, conditions, and other provisions of chapter 42F shall apply to the recipient or provider and the contract. [L 1988, c 398, §4; am L 1991, c 335, §3; am L 1997, c 190, §6]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-41 Cemeteries; removal or redesignation.

§6E-41 Cemeteries; removal or redesignation.
(a) Any person removing or redesignating any cemetery shall comply with the following requirements:
(1) Publish a notice in a newspaper of general circulation in the State, requesting persons having information concerning the cemetery or persons buried in it to report that information to the department;
(2) Photograph the cemetery generally, and take separate photographs of all headstones located in the cemetery;
(3) Turn over to the department all photographs and any other relevant historical records;
(4) Move all headstones to the place of reinterment; and
(5) Obtain the written concurrence of the department prior to any removal or redesignation if the cemetery has existed for more than fifty years.
(b) The requirements of subsection (a) shall be in addition to any requirements imposed by the department of health. [L 1988, c 265, pt of §1; am L 1990, c 22, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-42.2 Excluded activities for privately-owned single-family detached dwelling units and townhouses.

§6E-42.2 Excluded activities for privately-owned single-family detached dwelling units and townhouses.
(a) An application for a proposed project on an existing privately-owned single-family detached dwelling unit or townhouse shall be subject to the requirements of section 6E-42 only if the single-family detached dwelling unit or townhouse is over fifty years old and:
(1) Is listed on the Hawaii or national register of historic places, or both;
(2) Is nominated for inclusion on the Hawaii or national register of historic places, or both; or
(3) Is located in a historic district.
(b) For the purposes of this section:
"Dwelling unit" means a building or portion thereof designed or used exclusively for residential occupancy and having all necessary facilities for permanent residency such as living, sleeping, cooking, eating, and sanitation.
"Single-family detached dwelling unit" means an individual, freestanding, unattached dwelling unit, typically built on a lot larger than the structure itself, resulting in an area surrounding the dwelling.
"Townhouse" has the same meaning as defined in section 502C-1. [L 2015, c 224, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-44 Veterans memorial commission.

§6E-44 Veterans memorial commission.
There is established a commission whose function is to plan and select works of art for memorials to the veterans of the Korean and Vietnam conflicts as well as to select a site for the memorials. The commission shall be composed of nine members appointed by the governor, and shall include veterans from these conflicts; of the nine members, three shall be selected from a list of persons nominated by the speaker of the house of representatives, and three shall be selected from a list of persons nominated by the senate president. Confirmation of commission members shall not be required. [L 1988, c 112, §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-45 Korean and Vietnam memorial.

§6E-45
Korean and Vietnam memorial.
The memorial to the veterans of the Korean and Vietnam conflicts shall be constructed on the Ewa lawn of the state capitol among the trees near the Richards Street border, bounded on one side by the covered stairway (with appropriate setback), Richards Street (with appropriate setback), and Beretania Street (with appropriate setback). The height of the memorial shall not exceed twenty feet, keeping in proportion with other statuary located in the immediate area. The design of the memorial shall utilize the natural assets of the site, with secluded areas of wall and trees for purposes of remembrance and meditation. [L 1992, c 323, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-46 Hawaii Sports Hall of Fame.

§6E-46 Hawaii Sports Hall of Fame.
(a)
The official designation of the Hawaii Sports Hall of Fame, a duly registered nonprofit corporation, shall be the State of Hawaii museum of sports history in the islands. The qualifying standards and conditions related to the receipt of funds contained in chapter 42F shall not apply to the funds received by the State of Hawaii museum of sports history in the islands; provided that if the museum in turn contracts with a recipient or provider, then the qualifying standards, conditions, and other provisions of chapter 42F shall apply to the recipient or provider and the contract; and provided further that a donation of money, services, goods, or food to the Hawaii Sports Hall of Fame shall not be construed to be prohibited or restricted under this section.
(b) The Hawaii Sports Hall of Fame shall serve as a repository of sport memorabilia of notable Hawaii athletes, provided by or acquired from any source.
(c) The Hawaii Sports Hall of Fame may select one or more sites for a museum, with preference given to a recreational facility having convenient access to tourists.
(d) Ownership to a piece of memorabilia displayed in the museum shall remain with the athlete, the athlete's devise or estate, or the donor; provided that the State shall not be liable for damage or theft of the memorabilia; provided further that the museum shall take appropriate measures to preserve and maintain the memorabilia. [L 2003, c 102, §2]
Revision Note
Section was enacted as an addition to chapter 109 but is renumbered to this chapter pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-51 Department of land and natural resources; powers.

§6E-51 Department of land and natural resources; powers.
The department may create and maintain a living war memorial commemorating the sacrifices of Hawaii's heroic dead of World War II; accept land or other property or assets transferred to it by the State or any county for the accomplishment of its objectives; adopt a seal; and adopt rules pursuant to chapter 91 for the purposes of this part.
The department may also promote and secure the cooperation of national agencies, such as the American Battle Monuments Commission, and other organizations, public or private, seeking to accomplish similar objectives.
In addition, the department may:
(1) Solicit gifts and contributions and publicize the purposes for which such gifts and contributions are being solicited;
(2) Advise federal and state agencies of the department's purposes and objectives, as well as private individuals and corporations in Hawaii and other states;
(3) Accept all gifts and contributions from governmental agencies and private persons, except such gifts as may be conditioned upon some restriction of its authority or the purposes for which it is created;
(4) Grant to the American Battle Monuments Commission all rights necessary, and not in conflict with this part, for the erection and maintenance of battle monuments;
(5) Prepare plans and develop all lands which may be placed under its jurisdiction for war memorial purposes and in that connection cooperate with the director of transportation and such other government and private organizations as may be interested in or affected by the projects;
(6) Enter into contracts and agreements with the government or private agencies for the attainment of its authorized purposes; and
(7) Utilize such contributions of labor, materials, and property, including money, as may be allocated or otherwise made available to it by any person or instrumentality whatsoever, if in the judgment of the department the acceptance thereof will not limit the scope of the purposes of this part. [L 1981, c 135, pt of §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-52 Transfer of lands.

§6E-52 Transfer of lands.
Any county or the State may transfer lands to the department for the purposes of this part, which are declared public purposes, on any terms or conditions or tenure or otherwise as the county or the State may desire to impose, any other law restricting such transfer, or restricting the type, location or classification of lands which may be transferred, to the contrary notwithstanding. Lands under Executive Order No. 1534, dated November 19, 1952, are transferred to the department of land and natural resources; provided that the aforesaid land under Executive Order No. 1534, subject to current encumbrances and the agreement reached on August 3, 1961, between the Pacific War Memorial Commission of Hawaii and the Disabled American Veterans, shall be used for the purposes for which that land was set aside, a site for the creation and maintenance of a living war memorial as provided by Act 288, Session Laws of Hawaii 1949, as amended by Joint Resolution 37, Session Laws of Hawaii 1951. [L 1981, c 135, pt of §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-61 Biological survey; designation.

§6E-61 Biological survey; designation.
A Hawaii biological survey is established and designated as a program of the State of Hawaii museum of natural and cultural history. The survey shall consist of an ongoing natural history inventory of the Hawaiian archipelago to locate, identify, evaluate, and maintain the reference collections of all native and non-native species of flora and fauna within the State for a wide range of uses. The survey shall coordinate with and complement the work of the Hawaii heritage program, established by chapter 195, which manages data on rare native plants, animals, and natural communities throughout the State. To expand the use, control, and knowledge of biological species, the survey shall also be conducted in coordination with the existing databases of the department of agriculture, the department of land and natural resources, the University of Hawaii, and other appropriate organizations. [L 1992, c 111, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-71 Taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact; penalty.

§6E-71 Taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact; penalty.
(a) A person commits the offense of taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact if the person knowingly:
(1) Takes, appropriates, excavates, injures, destroys, or alters any historic property or aviation artifact located upon the private land of any owner thereof without the owner's written permission being first obtained; or
(2) Takes, appropriates, excavates, injures, destroys, or alters any historic property or aviation artifact located upon land owned or controlled by the State or any of its political subdivisions, except as permitted by the department.
(b) Taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact is a misdemeanor for which a fine not to exceed $25,000 may be imposed, in addition to any other penalty authorized by chapter 706 for a misdemeanor.
(c) Each day of a continued violation of this section shall constitute a distinct and separate offense. [L 2005, c 128, pt of §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-72 Taking, appropriation, excavation, injury, destruction, or alteration of a burial site; penalty.

§6E-72 Taking, appropriation, excavation, injury, destruction, or alteration of a burial site; penalty.
(a) A person commits the offense of taking, appropriation, excavation, injury, destruction, or alteration of a burial site if the person knowingly:
(1) Takes, appropriates, excavates, injures, destroys, or alters any burial site or the contents thereof, located on private land or land owned or controlled by the State or any of its political subdivisions, except as permitted by the department; or
(2) Takes, appropriates, excavates, injures, destroys, or alters any burial site or the contents thereof during the course of land development or land alteration activities to which section 6E-42 applies, without obtaining the required approval.
(b) Taking, appropriation, excavation, injury, destruction, or alteration of a burial site is a misdemeanor for which a fine not to exceed $25,000 may be imposed, in addition to any other penalty authorized by chapter 706 for a misdemeanor.
(c) Each day of a continued violation of this section shall constitute a distinct and separate offense. [L 2005, c 128, pt of §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-73 Failure to stop work upon discovery of a burial site; penalty.

§6E-73 Failure to stop work upon discovery of a burial site; penalty.
(a) A person commits the offense of failure to stop work upon discovery of a burial site if the person discovers a burial site and knowingly fails to stop work in the immediate area and report the discovery as required by section 6E-43.6.
(b) It is not a defense to the prosecution of a violation of this section that the discovery of the burial site was inadvertent.
(c) Failure to stop work upon discovery of a burial site is a misdemeanor for which a fine not to exceed $25,000 may be imposed in addition to any other penalty authorized by chapter 706 for a misdemeanor.
(d) Each day of a continued violation of this section shall constitute a distinct and separate offense. [L 2005, c 128, pt of §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-74 Criminal penalties not in lieu of civil or administrative penalties.

§6E-74 Criminal penalties not in lieu of civil or administrative penalties.
The criminal penalties imposed by this part are in addition to, and not in lieu of, any civil or administrative penalties provided by law. [L 2005, c 128, pt of §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-81 South Kona wilderness area; establishment.

§6E-81 South Kona wilderness area; establishment.
There is established the south Kona wilderness area on the island of Hawaii in the area described in section 6E-82 to be administered by the department of land and natural resources for the preservation of the visual, cultural, biological, and historical aspects of the lands covered in this part and to:
(1) Preserve the extensive archaeological sites in the area, including ancient homesites, a holua slide, a heiau, and burial caves;
(2) Preserve and protect native Hawaiian plants and animals currently in the area;
(3) Provide for a wilderness area with minimal manmade structures;
(4) Permit limited non-vehicular access for recreational purposes, such as fishing, swimming, and exploration; and
(5) Prevent additional development in the area. [L 2011, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-82 Lands included.

§6E-82 Lands included.
(a) Except as provided in subsection (b), the following lands shall be included in the south Kona wilderness area:
(1) Honomalino: All lands from the shoreline to six thousand feet inland;
(2) Okoe: All lands from the shoreline to six thousand feet inland. The Honomalino and Okoe sections include approximately one thousand four hundred fifty-eight acres;
(3) Kaulanamauna: The Manuka natural area reserve boundary extended to the shoreline; and
(4) Manuka: The Manuka natural area reserve boundary extended to the shoreline.
(b) Any parcel of land included in subsection (a) upon which there is a dwelling house as of July 1, 2011, together with any outbuildings forming a part of the residential complex, shall be excluded from the south Kona wilderness area.
(c) Land use district boundaries existing as of July 1, 2011, shall continue in full force and effect subject to amendment as provided in chapter 205. [L 2011, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-83 Government-owned land; construction prohibited.

§6E-83 Government-owned land; construction prohibited.
No new homes or other structures shall be constructed on government-owned land within one thousand feet of the shoreline within the south Kona wilderness area, except as follows:
(1) Structures built by the department for the purpose of managing the area; and
(2) Repairs to existing structures pursuant to rules adopted by the department under chapter 91;
provided that no government-owned land within the south Kona wilderness area shall be subdivided; provided further that the State and the county of Hawaii shall not be permitted to consolidate and resubdivide lots within the area if this consolidation or subdivision would increase the number of buildable lots. [L 2011, c 178, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6F. Judiciary History Center › 6F-1 Definitions.

§6F-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Board" means the executive board of the judiciary history center.
"Center" means the judiciary history center. The judiciary history center is an organized and permanent institution with a professional staff, essentially educational in purpose, which owns and utilizes tangible objects of service, history and art and cares for and exhibits them to the public on a regular schedule.
"Friends of the judiciary history center" means the nonprofit citizens group organized to support the center.
[L 1990, c 211, pt of §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6F. Judiciary History Center › 6F-2 Judiciary history center; establishment.

§6F-2 Judiciary history center; establishment.
There shall be established within the office of the administrative director of the courts, for administrative purposes only, the judiciary history center. The judiciary shall provide the center with facilities, security, janitorial services, utilities, fiscal, and necessary legal services. The center shall be located on the ground floor of the Ali €˜iolani Hale Building.
[L 1990, c 211, pt of §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6F. Judiciary History Center › 6F-3 Executive board.

§6F-3 Executive board.
(a) The responsibility for general administration and the proper operation of the center shall be vested in an executive board to be known as the board of the judiciary history center. The board shall have power in accordance with law to formulate policy and to exercise control over the center. The board shall consist of five members appointed by the chief justice; provided that three members shall be selected from a list of seven candidates submitted by the friends of the judiciary history center. The term of each member shall be for four years, commencing on July 1, and expiring on June 30; provided that of the five members appointed for terms commencing July 1, 1990, two members shall serve for four years, two members shall serve for three years, and one member shall serve for two years. The members shall serve without compensation but they shall be reimbursed for travel and other necessary expenses incurred in the performance of their official duties.
(b) A vacancy on the board shall be filled for the remainder of the unexpired term or, if expired, for a new term by the chief justice; provided that a vacancy in any one of the three positions originally appointed by the chief justice from a list submitted by the friends of the judiciary history center shall be filled by the chief justice from a list of three candidates submitted by the friends of the judiciary history center.
[L 1990, c 211, pt of §3; am L 2008, c 27, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6F. Judiciary History Center › 6F-4 Organization; quorum; meetings.

§6F-4 Organization; quorum; meetings.
The board shall elect from its own membership, a chairperson and a vice-chairperson. The board shall meet at least four times a year and a majority of all members to which the board is entitled shall constitute a quorum to do business. The board shall adopt such rules as are necessary in carrying out the purposes of this chapter.
[L 1990, c 211, pt of §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6F. Judiciary History Center › 6F-5 Duties; scope of work.

§6F-5 Duties; scope of work.
The board shall establish a comprehensive program which shall include, but not be limited, to the following:
(1) Managing and opening the center to the general public for educational, historical, and cultural purposes;
(2) Collecting, preserving, displaying, and interpreting objects and documents that are representative of our judicial heritage;
(3) Cooperating with, and providing technical assistance to the judiciary and other public and private agencies involved in developing and implementing programs in historic preservation activities related to the judiciary;
(4) Conducting research in the field of Hawaiian judicial history and making the benefits of the research and study available to the public;
(5) Stimulating and promoting public interest and awareness of Hawaiian judicial history by providing interpretive and information services for use in the schools of the State which will aid in a better understanding of the history of the judiciary;
(6) Selecting and employing an executive director to serve on a full-time basis who is qualified by training and experience. The executive director shall administer policies and programs approved by the board and exercise supervision over the center's activities;
(7) Employing personnel as required to operate and maintain the center. Employees of the center shall be exempt from chapter 76, and shall not be considered civil service employees but shall be entitled to any employee benefit plan normally inuring to civil service employees; and
(8) Doing other things necessary to accomplish the purposes of this chapter including the adoption, amending, or repeal of rules. [L 1990, c 211, pt of §3; am L 1994, c 7, §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6F. Judiciary History Center › 6F-6 Annual report.

§6F-6 Annual report.
The board shall submit a report on its activities to the legislature at least twenty days prior to the convening of each regular legislative session. The annual report shall include the total number and amount of gifts and grants received, contracts entered into, and progress and accomplishments made during the year.
[L 1990, c 211, pt of §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6F. Judiciary History Center › 6F-7 Judiciary history center trust fund.

§6F-7 Judiciary history center trust fund.
(a) There is established as a separate fund of the judiciary, the judiciary history center trust fund. All funds contributed to the trust fund, including income and capital gains earned therefrom, shall be used exclusively to carry out the purposes of the center as defined in this chapter. The trust fund shall consist of any and all types of private, federal, and public contributions, which do not include any state funding, and any income, interest, and capital gains earned; provided that moneys or properties donated for center use and patrons' deposits shall be deposited and accounted for in accordance with rules adopted by the supreme court. The judiciary history center trust fund shall be subject to the following restrictions:
(1) All funds, and any income, interest, and capital gains earned by investment of those funds, shall be expended by the friends to carry out the purposes of the center as set out in section 6F-5; and
(2) Any other restrictions imposed by the legislature with respect to the transfer or appropriation of funds.
(b) The judiciary history center trust fund shall be subject to the terms and conditions provided in this section. The trust fund shall not be placed in the state treasury and the State shall not administer the fund nor be liable for its operation or solvency. The trust fund shall be a trust fund pursuant to section 37-62 administered by the friends.
(c) Any funds deposited in the trust fund, and any income, interest, and capital gains earned therefrom, that are not used for the purposes of the center as set out in section 6F-5, shall be invested in accordance with the provisions of the articles, bylaws, resolutions, or other instruments executed on behalf of the friends in a manner intended to obtain a reasonable commercial rate of return on investment of the fund.
(d) If the trust fund is terminated, all funds, including the income, interest, and capital gains earned by the investment of funds, shall be transferred to the general fund.
(e) The friends:
(1) May enter into contracts as approved by the chief justice, with any association, individuals, or corporations to further the purposes of this section; provided that any blind vendor operating a vending facility pursuant to section 102-14 on or before January 1, 1996, shall not be displaced or dislocated;
(2) Shall require a certified public accountant to compile the financial statements, the result of which shall be submitted to the judiciary not more than thirty days after receipt by the friends; and
(3) Shall retain for a period of three years, any documents, papers, books, records, and other evidence that is pertinent to the trust fund, and permit inspection or access thereto by the judiciary, the legislature, the auditor, or their duly authorized representatives.
(f) For purposes of this section, "friends" means the friends of the judiciary history center. [L 1996, c 138, pt of §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6F. Judiciary History Center › 6F-8 Center concessions.

§6F-8 Center concessions.
Notwithstanding any law to the contrary, all net income or proceeds received by the friends from the operation of any concession, or other for-profit business enterprise within or on the grounds of the center, shall be deposited into the trust fund. The disposition of the net income or proceeds shall be for purposes of the center only as set out in section 6F-5. [L 1996, c 138, pt of §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-2 Definitions.

§6K-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Commission" means the Kaho €˜olawe island reserve commission.
"Department" means the department of land and natural resources.
"Island reserve" means the area designated as the island of Kaho €˜olawe and the submerged lands and waters extending seaward two miles from its shoreline.
"Waters" means the area extending seaward two miles from the shoreline. [L 1993, c 340, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-3 Reservation of uses.

§6K-3
Reservation of uses.
(a) The Kaho €˜olawe island reserve shall be used solely and exclusively for the following purposes:
(1) Preservation and practice of all rights customarily and traditionally exercised by native Hawaiians for cultural, spiritual, and subsistence purposes;
(2) Preservation and protection of its archaeological, historical, and environmental resources;
(3) Rehabilitation, revegetation, habitat restoration, and preservation; and
(4) Education.
(b) The island shall be reserved in perpetuity for the uses enumerated in subsection (a). Commercial uses shall be strictly prohibited. [L 1993, c 340, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-4 Powers and duties.

§6K-4 Powers and duties.
The department and other departments and agencies of the State shall be subject to the oversight of the commission with regard to the control and management of the island reserve. Subject to section 6K-6, the department shall:
(1) Implement controls and permitted uses for the island reserve;
(2) Enforce this chapter;
(3) Provide administrative support to the commission; and
(4) Authorize those of its employees as it deems reasonable and necessary to serve and execute warrants and arrest offenders or issue citations in all matters relating to enforcement of the laws and rules applicable to the island reserve. [L 1993, c 340, pt of §2; am L 1994, c 161, §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-4.5 Procurement; exemptions.

§6K-4.5 Procurement; exemptions.
Contracts made by the commission for the procurement of food or fuel products necessary to carry out the purposes of this chapter shall be exempt from chapter 103D; provided that the commission shall continue to comply with any reporting requirements under chapter 103D or rules adopted thereunder for contracts entered into pursuant to this section. [L 2010, c 159, § §1, 4; am L 2013, c 244, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-5 Commission.

§6K-5 Commission.
(a) There is established the Kaho €˜olawe island reserve commission to be placed within the department of land and natural resources for administrative purposes as provided in section 26-35. The commission shall consist of seven members to be appointed in the manner and to serve for the terms provided in section 26-34; provided that:
(1) One member shall be a member of the Protect Kaho €˜olawe Ohana;
(2) Two members shall be appointed by the governor from a list provided by the Protect Kaho €˜olawe Ohana;
(3) One member shall be a trustee or representative of the office of Hawaiian affairs;
(4) One member shall be a county official appointed by the governor from a list provided by the mayor of the county of Maui;
(5) One member shall be the chairperson of the board of land and natural resources; and
(6) One member shall be appointed by the governor from a list provided by native Hawaiian organizations.
(b) The governor shall appoint the chairperson from among the members of the commission.
(c) The members of the commission shall serve without pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties.
(d) Any action taken by the commission shall be approved by a simple majority of its members. Four members shall constitute a quorum to do business.
(e) The commission, without regard to the requirements of chapter 76, may hire employees necessary to perform its duties. [L 1993, c 340, pt of §2; am L 1994, c 161, §4; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-6 Responsibilities and duties of the commission.

§6K-6 Responsibilities and duties of the commission.
The general administration of the island reserve shall rest with the commission. In carrying out its duties and responsibilities, the commission:
(1) Shall establish criteria, policies, and controls for permissible uses within the island reserve;
(2) Shall approve all contracts for services and rules pertaining to the island reserve;
(3) Shall provide advice to the governor, the department, and other departments and agencies on any matter relating to the island reserve;
(4) Shall provide advice to the office of planning and sustainable development and the department of the attorney general on any matter relating to the federal conveyance of Kaho`olawe;
(5) May enter into curator or stewardship agreements with appropriate Hawaiian cultural and spiritual community organizations for the perpetuation of native Hawaiian cultural, religious, and subsistence customs, beliefs, and practices for the purposes stated in section 6K-3;
(6) Shall carry out those powers and duties otherwise conferred upon the board of land and natural resources and the land use commission with regard to dispositions and approvals pertaining to the island reserve. All powers and duties of the board of land and natural resources and the land use commission concerning dispositions and approvals pertaining to the island reserve are transferred to the commission;
(7) Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the county of Maui by chapter 205A. The powers and duties of the county of Maui and its agencies concerning coastal zone dispositions and approvals pertaining to the island reserve are transferred to the commission;
(8) Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the island burial councils and the department with regard to proper treatment of burial sites and human skeletal remains found in the island reserve;
(9) Shall adopt rules in accordance with chapter 91 that are necessary for the purposes of this chapter and shall maintain a record of its proceedings and actions;
(10) May delegate to the executive director or employees of the commission, by formal commission action, such power and authority vested in the commission by this chapter as the commission deems reasonable and proper for the effective administration of this chapter; and
(11) May solicit and accept grants, donations, and contributions for deposit into the Kaho`olawe rehabilitation trust fund to support the purposes of this chapter. [L 1993, c 340, pt of §2; am L 1994, c 161, §5; am L 1996, c 299, §3; am L 1997, c 205, §1; am L 2001, c 126, §1; am L 2021, c 153, §8]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-7 Fishing.

§6K-7
Fishing.
Section 6K-3 notwithstanding, the commission shall adopt rules pursuant to chapter 91 to permit fishing in the waters around Kaho €˜olawe that are consistent with the purpose of this chapter and that take into consideration the health and safety of the general public. [L 1993, c 340, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-8 Penalty.

§6K-8 Penalty.
Any person who violates any of the laws or rules applicable to the island reserve shall be guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both, for each offense. Each day of each violation shall be deemed a separate offense. [L 1993, c 340, pt of §2; am L 1997, c 66, §2]
Case Notes
Cited: 132 H. 36, 319 P.3d 1044 (2014).
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-8.5 General administrative penalties.

§6K-8.5 General administrative penalties.
(a) Except as otherwise provided by law, the commission is authorized to set, charge, and collect administrative fines, or bring legal action to recover administrative costs of the commission or the department, or payment for damages, or for the cost to correct damages resulting from a violation of chapter 6K or any rule adopted thereunder. The administrative fines shall be as follows:
(1) For a first violation, by a fine of not more than $10,000;
(2) For a second violation within five years of a previous violation, by a fine of not more than $15,000; and
(3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $25,000.
(b) In addition, an administrative fine of up to $5,000 may be levied for each specimen of natural resource or any historic property taken, killed, injured, broken, or damaged in violation of any rule adopted under this chapter. For purposes of this section, "natural resource" includes any archaeological artifacts, minerals, any aquatic life or wildlife or parts thereof, including their eggs, and any land plants or parts thereof, including seeds. Also for purposes of this section, "historic property" means any building, structure, object, districts, area, or site, including heiau and underwater site, which is over fifty years old.
(c) Any criminal penalty for any violation of this chapter or any rule adopted under this chapter shall not be deemed to preclude the commission from bringing a civil legal action to recover additional administrative fines and costs. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted under this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person.
(d) In any judicial proceeding to recover an administrative penalty imposed, the commission need only show that notice was given, that a hearing was held or the time granted for requesting a hearing has run without such a request, that an administrative penalty was imposed, and that the administrative penalty remains unpaid. [L 1997, c 66, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-8.6 Administrative violation system.

§6K-8.6 Administrative violation system.
With the mutual consent of both the commission and the department, the commission may use the civil natural resource violations system of the department of land and natural resources; provided that the commission shall act whenever the board is authorized to act, to process violations of chapter 6K or any rules adopted thereunder. [L 2004, c 142, §3]
Cross References
Civil natural resource violations act, see chapter 199D.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6K. Kaho‘olawe Island Reserve › 6K-9 Transfer.

§6K-9 Transfer.
Upon its return to the State, the resources and waters of Kaho €˜olawe shall be held in trust as part of the public land trust; provided that the State shall transfer management and control of the island and its waters to the sovereign native Hawaiian entity upon its recognition by the United States and the State of Hawaii.
All terms, conditions, agreements, and laws affecting the island, including any ongoing obligations relating to the clean-up of the island and its waters, shall remain in effect unless expressly terminated. [L 1993, c 340, pt of §2]