reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-61 Definitions.

Note
Part repealed June 30, 2025. L 2023, c 87, § §7, 9(2).
Malama ohana working group; report to 2025 legislature (dissolved upon adjournment sine die of the regular session of 2025). L 2023, c 86, §2.
§27-61 Definitions.
[See Note at part heading.]
As used in this part, unless the context otherwise requires:
"Office" means the office of wellness and resilience.
"Trauma-informed care task force" means the trauma-informed care task force established pursuant to Act 209, Session Laws of Hawaii 2021. [L 2022, c 291, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-62 Office of wellness and resilience; established.

§27-62 Office of wellness and resilience; established.
[See Note at part heading.]
(a) There is established within the office of the governor, on a temporary basis and for special purposes, the office of wellness and resilience.
(b) The office shall be headed by an executive director, who shall be appointed by the governor without regard to chapter 76, and who shall serve at the pleasure of the governor.
(c) The governor may use moneys from existing, unfilled staff positions from other executive branch agencies to appoint additional staff for the office. Staff appointed pursuant to this subsection shall be exempt from chapters 76 and 89 but shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state employee benefit program generally applicable to officers and employees of the State.
(d) Department directors may assign additional employees from existing positions within their respective department to the office; provided that the employees shall represent their respective department's needs and shall have direct communication with the respective department's leadership during the course of their assignment with the office. [L 2022, c 291, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-63 Functions.

§27-63 Functions.
[See Note at part heading.]
The office shall:
(1) Address issues identified and implement solutions recommended by the trauma-informed care task force through a cross-representation of state departments and the private sector, including private donors;
(2) Identify common issues, unmet needs, and challenges encountered by departments and work to solve those issues through a cross-representation of state departments and the private sector, including private donors;
(3) Seek funding solutions using moneys that each department has access to, including federal, state, and private sources, and work with philanthropic organizations and other entities from the private sector to re-evaluate the State's funding priorities and find funding solutions to implement interdepartmental programming;
(4) Establish a procurement team that has cross-agency representation to streamline existing department grant and funding management and meet existing fiduciary obligations and other state requirements;
(5) Interact with community agencies, organizations, and other stakeholders to ensure the office is meeting the needs and wellness requirements of communities throughout the State; and
(6) Create a social determinants of health electronic dashboard that identifies a baseline of needs and concerns that impede high quality-of-life outcomes. [L 2022, c 291, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-64 Annual report.

§27-64 Annual report.
[See Note at part heading.]
The office shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that contains a summary of its activities during the preceding year, including:
(1) Actions taken to address issues, unmet needs, and challenges relating to wellness and resilience;
(2) Funds received pursuant to the activities of the office from federal, state, private, and philanthropic sources;
(3) The office's engagement with community entities and other stakeholders; and
(4) Any other findings and recommendations, including any proposed legislation. [L 2022, c 291, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27C. State Information Service › 27C-1 Purpose.

§27C-1
Purpose.
The purpose of this chapter is to provide a centralized, statewide information service, through which the public's information needs can be most effectively served and by which agencies can coordinate and maintain communication with the community. [L 1971, c 106, §1; am L 1976, c 187, pt of §1]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27C. State Information Service › 27C-2 State information service, functions.

§27C-2 State information service, functions.
(a) There is established a centralized state information service in the office of the governor, consisting of a central office at the capital and satellite offices located in each county.
(b) The functions of the state information service shall include the following:
(1) Communication to the public of information concerning the functions of government, the services it renders through the departments and agencies, and the status of various important programs and projects which affect the quality of life of the community.
(2) Making direct response to queries, whether by telephone, correspondence, or meetings, from persons desiring information or assistance and assisting in channeling requests, queries, and recommendations from the public to appropriate public offices and referring nongovernmental related matters to appropriate private offices, and providing methods to encourage timely and adequate response to such queries.
(3) Assessing the effectiveness of existing informational services by providing feedback, coordinating information programs and recommending innovative communication techniques.
(4) Seeking and implementing more effective means of publicizing public notices and other announcements which should receive timely and wide dissemination.
(5) Identification of specific community informational needs and provision of special information services to meet such needs.
(6) Devising information and exchange programs for elective and appointive government officers to help increase their awareness and understanding of the community and its needs. [L 1971, c 106, §2; am L 1976, c 187, pt of §1; am L 1989, c 261, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27G. Access Hawaii Committee › 27G-1 Definitions.

§27G-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Committee" means the access Hawaii committee.
"Government agency" means any government agency that stores, gathers, or generates public information, including all branches of government, all executive departments, boards, and commissions of the State or counties, and all public corporations created by the legislature.
"Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol (IP), or its subsequent extension; and that is able to support communications using the transmission control protocol/internet protocol (TCP/IP) suite, or its subsequent extension, or other IP-compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, information to users.
"Internet portal" means the centralized electronic information system by which public information is provided via dial-in modem or continuous link to the public through subscriptions.
"Portal manager" means the entity or person engaged to manage and operate the internet portal on behalf of the State.
"Value added electronic services" means services, including but not limited to:
(1) Providing periodic, continual, and ongoing access to information maintained by a government agency without requiring separate requests for information as it is created;
(2) Compiling data or performing other research services;
(3) Permitting the electronic filing of reports, renewals, or application; or
(4) Enabling the transaction of business over the internet portal. [L 2007, c 172, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27G. Access Hawaii Committee › 27G-3 Access Hawaii committee; establishment; membership; chairperson.

§27G-3 Access Hawaii committee; establishment; membership; chairperson.
(a) There is established within the department of accounting and general services, the access Hawaii committee.
(b) The committee shall consist of not more than fifteen voting, ex officio members, or their designated representatives, as follows:
(1) The comptroller;
(2) The administrator of the state procurement office;
(3) The director of the office of information practices;
(4) The directors of not more than three government agencies using or planning to use the services of the portal manager;
(5) The administrative director of the courts;
(6) A representative of the Hawaii state senate appointed by the president of the senate;
(7) A representative of the Hawaii state house of representatives appointed by the speaker of the house of representatives;
(8) The chief information officers of the four counties; and
(9) The chief information officer.
(c) The chief information officer or the chief information officer's designee shall serve as the chairperson of the committee. [L 2007, c 172, pt of §2; am L 2013, c 21, §1; am L 2016, c 58, §4]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27G. Access Hawaii Committee › 27G-4 Duties of the committee.

§27G-4 Duties of the committee.
The committee shall provide oversight of the portal manager, including:
(1) Review of the annual strategic plan and periodic reports on potential new applications and services submitted by the portal manager;
(2) Review and approval of all charges to portal users;
(3) Review and approval of service level agreements negotiated by government agencies with the portal manager;
(4) Review of the annual financial reports and audit of the portal manager;
(5) Review of annual customer satisfaction surveys conducted by the portal manager; and
(6) Review of performance measures of the portal submitted as part of the service management plan for portal-wide indicators and application specific indicators. [L 2007, c 172, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27G. Access Hawaii Committee › 27G-5 Annual report.

§27G-5 Annual report.
The committee shall submit an annual report to the governor and the legislature no later than twenty days prior to the convening of each regular session, on the operations of the portal. The annual report shall include the portal manager's annual financial reports. [L 2007, c 172, pt of §2; am L 2013, c 21, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27G. Access Hawaii Committee › 27G-6 Access Hawaii committee special fund.

§27G-6 Access Hawaii committee special fund.
There is established in the state treasury the access Hawaii committee special fund, into which shall be deposited fees collected by the office of enterprise technology services for the purpose of supporting the access Hawaii committee. The chief information officer may appoint a portal program manager exempt from chapter 76, which may be funded by the access Hawaii committee special fund. Expenditures from the access Hawaii committee special fund shall be approved by the access Hawaii committee; provided that information on income and expenditures shall be subject to legislative review and oversight in each budget submittal from the department of accounting and general services. [L 2010, c 101, §1; am L 2016, c 58, §5]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-1 Appears for State.

§28-1 Appears for State.
The attorney general shall appear for the State personally or by deputy, in all the courts of record, in all cases criminal or civil in which the State may be a party, or be interested, and may in like manner appear in the district courts in such cases. [L 1866, p 16; RL 1925, §1486; RL 1935, §500; RL 1945, §1501; RL 1955, §30-1; HRS §28-1; am L 1969, c 175, §13; am L 1989, c 230, §1]
Cross References
District courts as courts of record, see §604-17.
Functions generally, see §26-7.
Attorney General Opinions
Authority to bring action against public officers, in the public interest. Att. Gen. Op. 68-26.
Case Notes
Office of attorney general first constituted in 1846, history of the office under the Kingdom. 6 H. 718, 728 (single justice); 8 H. 572. Performance of functions by another temporarily. Early cases: See 8 H. 521, compare 3 H. 669, 5 H. 59.
Accountability for acts: 6 H. 718 (will not be held in contempt for refusing to prosecute, decision of single justice); 12 H. 124, 128-30; 26 H. 570 (liability to disbarment or suspension of government attorney for misconduct in administration of office); 21 H. 539, 549 (liability to damages); 23 H. 362 (liability to damages).
Criminal cases, prosecution by county prosecuting officers under authority of attorney general. 16 H. 769, 779-80; 19 H. 162; 26 H. 570.
Charitable trusts, functions in connection with. 33 H. 647; 36 H. 250; 36 H. 334; 37 H. 111, 116.
Scope of functions as parens patriae of charitable trusts. 54 H. 299, 507 P.2d 724.
Section is irrelevant and attorney general is without standing as party to rate proceeding before PUC. 54 H. 663, 513 P.2d 1376.
Attorney general may represent a state employee in a civil action while prosecuting the same employee in a criminal matter. 71 H. 598, 801 P.2d 548.
Cited: 18 H. 76.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-2 Prosecutes offenders, enforces bonds.

§28-2 Prosecutes offenders, enforces bonds.
The attorney general shall be vigilant and active in detecting offenders against the laws of the State, and shall prosecute the same with diligence. The attorney general shall also enforce all bonds and other obligations in favor of the State that may be placed in the attorney general's hands for that purpose, by any person having the lawful custody of the papers; and the attorney general shall likewise be diligent in prosecuting all persons who may obstruct any street, channel, harbor, wharf, or other highway, or any stream or public watercourse, or commit any trespass, or waste on any portion of the public domain, or other public property. [L 1866, p 17; RL 1925, §1487; RL 1935, §501; RL 1945, §1502; RL 1955, §30-2; HRS §28-2; gen ch 1993]
Case Notes
Duties in connection with divorce matters. 35 H. 849.
Supersession of county prosecutor upheld. 63 H. 424, 629 P.2d 1126.
Hawaii county ordinance that established cannabis offenses as the lowest law enforcement priority in the county conflicted with, and was therefore preempted by, this section and other state laws requiring the state attorney general and county prosecuting attorney to investigate and prosecute violations of the statewide Penal Code. 135 H. 411, 353 P.3d 953 (2015).
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-3 Gives opinions.

§28-3 Gives opinions.
The attorney general shall, when requested, give opinions upon questions of law submitted by the governor, the legislature, or its members, or the head of any department. The attorney general shall file a copy of each opinion with the lieutenant governor, the public archives, the supreme court library, and the legislative reference bureau within three days of the date it is issued. Opinions on file with the lieutenant governor, the public archives, and the supreme court library shall be available for public inspection. The legislative reference bureau shall furnish the members of the legislature with a list of the most recent opinions filed with the bureau, at least once a year, not later than twenty days before the beginning of each regular session. [L 1866, p 17; RL 1925, §1488; RL 1935, §502; RL 1945, §1503; RL 1955, §30-3; am L 1961, c 98, §1; HRS §28-3; am L 1988, c 88, §1]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-4 Advises public officers.

§28-4 Advises public officers.
The attorney general shall, without charge, at all times when called upon, give advice and counsel to the heads of departments, district judges, and other public officers, in all matters connected with their public duties, and otherwise aid and assist them in every way requisite to enable them to perform their duties faithfully. [L 1866, p 17; RL 1925, §1489; RL 1935, §503; RL 1945, §1504; RL 1955, §30-4; am L 1963, c 85, §3; HRS §28-4; am L 1970, c 188, §39; gen ch 1993]
Case Notes
Early cases: 15 H. 718; see also 12 H. 124.
Attorney general has affirmative duty to provide counsel for judges being sued in their official capacities. 57 H. 284, 554 P.2d 1128.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-5 Aids poor.

§28-5 Aids poor.
The attorney general shall give counsel and aid to poor and oppressed citizens of the State and assist them in obtaining their just rights without charge; provided that the attorney general shall not be obliged to render such aid, counsel, and assistance, unless requested so to do by the governor, or by some one of the heads of departments. [L 1866, p 17; RL 1925, §1490; RL 1935, §504; RL 1945, §1505; RL 1955, §30-5; HRS §28-5; gen ch 1993]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-5.2 Protection of charitable assets; attorney general's authority.

§28-5.2 Protection of charitable assets; attorney general's authority.
(a) The attorney general shall represent the public interest in the protection of charitable assets and may:
(1) Enforce the application of a charitable asset in accordance with:
(A) The law and terms governing the use, management, investment, distribution, and expenditure of the charitable asset; and
(B) The charitable purpose of the person holding the asset;
(2) Act to prevent or remedy:
(A) The misapplication, diversion, or waste of a charitable asset; or
(B) A breach of fiduciary or other legal duty in the governance, management, or administration of a charitable asset; or
(3) Commence or intervene in an action to:
(A) Prevent, remedy, or obtain damages for:
(i) The misapplication, diversion, or waste of a charitable asset; or
(ii) A breach of fiduciary or other legal duty in the governance, management, or administration of a charitable asset; or
(B) Determine that an asset is a charitable asset.
(b) If the attorney general has reason to believe an investigation is necessary to determine whether action is advisable under this section, the attorney general may conduct an investigation, including exercising administrative subpoena power under sections 28-2.5 and 467B-9.3.
(c) This section shall not limit the powers and duties of the attorney general under the laws of this State.
(d) As used in this section "charitable asset" means property that is given, received, or held for a charitable purpose. The term does not include property acquired or held for a for-profit purpose.
(e) As used in this section, "property" includes all interests in real property or tangible or intangible personal property, including cash, remainder interests, land, and conservation or preservation easements or restrictions. The remainder interest in a charitable remainder trust is property held for a charitable purpose, as is the current interest in a charitable lead trust, property held for ten years in a building fund, and property given to a charitable organization subject to a restriction on its use. Property held in a revocable trust that provides a remainder interest for a charitable purpose is not a charitable asset while the settlor is alive because the settlor can revoke or change the interest. [L 2014, c 217, §2; am L 2017, c 86, §1]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-6 No fee; not to act as attorney.

§28-6 No fee; not to act as attorney.
The attorney general shall not receive any fee or reward from or in behalf of any person or prosecutor, for services rendered in any prosecution or business to which it shall be the attorney general's official duty to attend; nor be concerned as counsel or attorney for either party in any civil action depending upon the same state of facts. [L 1866, p 17; RL 1925, §1491; RL 1935, §505; RL 1945, §1506; RL 1955, §30-6; HRS §28-6; gen ch 1993]
Case Notes
Construed, as to power to accept assistance of private counsel employed by complaining witness in prosecuting criminal case. 19 H. 437; 20 H. 7; 20 H. 71.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-7 Accounts.

§28-7 Accounts.
The attorney general shall account, in the manner provided by law, for all fees, bills of costs and other moneys collected or received by the attorney general by virtue of the attorney general's office. [L 1866, p 17; am L 1923, c 35, §1; RL 1925, §1492; am L 1931, c 59, §1; RL 1935, §506; RL 1945, §1507; RL 1955, §30-7; HRS §28-7; gen ch 1993]
Cross References
Generally, see §40-31.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-7.5 Administrative services manager; appointment and duties.

§28-7.5 Administrative services manager; appointment and duties.
The attorney general may appoint and, at the attorney general's pleasure, dismiss an administrative services manager of the department of the attorney general who shall generally assist the attorney general, as the attorney general may require, in the performance of the administrative and managerial duties of the attorney general that are not required to be performed by an attorney. The administrative services manager shall be appointed without regard to chapter 76, need not be an attorney, and shall hold no other public or private office or employment. Section 26-53 shall not apply to the administrative services manager of the department of the attorney general. [L 1988, c 348, §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-8 First deputy attorney general; other deputies.

§28-8 First deputy attorney general; other deputies.
(a) The attorney general shall appoint, and at the attorney general's pleasure remove, a first deputy attorney general and other deputies and law clerks as the exigencies of the public service may require, and shall be responsible for all of the acts of the first deputy attorney general, other deputies, and law clerks. They shall act under the direction of the attorney general and shall perform duties as the attorney general may require regardless of the source of funding for their compensation and notwithstanding any law to the contrary, except that the attorney general shall not require the performance of duties that would violate the terms of an applicable funding source or that would be in contravention of a federal requirement, restriction, or condition. The first deputy attorney general and other deputies, subject to the attorney general's directions, may perform or exercise any and all duties or powers by law required of or conferred upon the attorney general.
(b) The attorney general may appoint and, by contract, retain the services of special deputies to perform such duties and exercise such powers as the attorney general may specify in their several appointments. The special deputies shall serve at the pleasure of the attorney general. At the option of the attorney general, special deputies may be compensated on a fixed-price basis, an hourly rate basis, with or without a fixed cap, or, if a special deputy has been appointed to represent the State in an action by the State pursuant to section 661-10, through a contingent fee arrangement to be specified in the contract and payable out of all sums the special deputy recovers for the State by judgment, order, or settlement. [L 1866, p 18; RL 1925, §1494; RL 1935, §508; am L 1937, c 52, §1; RL 1945, §1509; RL 1955, §30-9; am L 1963, c 54, §1; HRS §28-8; am L 1982, c 68, §1; gen ch 1985; am L 1995, c 73, §1; am L 2001, c 46, §1; am L 2006, c 48, §2]
Case Notes
Authority of deputy attorney general, early cases. 15 H. 139, 145; 15 H. 612.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-8.5 Special assistant to the attorney general; appointment and duties; secretary.

§28-8.5 Special assistant to the attorney general; appointment and duties; secretary.
The attorney general may appoint, and at the attorney general's pleasure dismiss, a special assistant to the attorney general who shall generally assist the attorney general, as the attorney general may require, in the initiation, direction, or monitoring of administrative or managerial special projects that the attorney general has determined to be necessary. In addition, the special assistant shall, as the attorney general may direct, serve as the attorney general's representative to, and monitor and apprise the attorney general of the activities of, the various national, regional, state, and local organizations and committees in which the attorney general has membership, participation, or interest. The special assistant to the attorney general shall be appointed without regard to chapter 76, need not be an attorney, and shall hold no other public or private office or employment. Section 26-53 shall not be applicable to the special assistant to the attorney general. The attorney general may also appoint, without regard to chapter 76, one secretary for the special assistant to the attorney general. [L 1989, c 82, §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-9 Additional deputies for acquisition of rights-of-way.

§28-9 Additional deputies for acquisition of rights-of-way.
The attorney general may appoint and employ deputy attorneys general, additional to those covered by the appropriation for the department of the attorney general, to provide legal services for the acquisition of rights-of-way and for proceedings therefor, and the compensation for such services shall be paid by the state department of transportation from the state highway fund. [L 1953, c 189, §2; RL 1955, §30-9.5; am L Sp 1959 2d, c 1, §26; HRS §28-9]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-10 Prohibition on private practice of law by the attorney general, first deputy, and other deputies.

§28-10 Prohibition on private practice of law by the attorney general, first deputy, and other deputies.
The attorney general, the attorney general's first deputy, and other deputies shall devote their entire time and attention to the duties of their respective offices. They shall not engage in the private practice of law, nor accept any fees or emoluments other than their official salaries for any legal services. This section shall not apply to any special deputy employed on a part-time basis for a limited period. [L 1953, c 105, §9; RL 1955, §30-10; am L 1957, c 180, §2; HRS §28-10; am L 1982, c 68, §2; gen ch 1985]
Case Notes
Disqualification after retirement from office. See 33 H. 305; 49 H. 252, 413 P.2d 249.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-10.5 Criminal and juvenile justice resource coordination; administrator and staff.

§28-10.5 Criminal and juvenile justice resource coordination; administrator and staff.
(a) The department of the attorney general shall serve as the clearinghouse for information on financial and nonfinancial resources that may be available to assist in improving the delivery or coordination of services under, or the implementation of, programs of the criminal justice and juvenile justice systems and agencies and shall develop, update, and coordinate the implementation of a comprehensive statewide plan of programs and priorities for the improvement of law enforcement and criminal justice, including the prevention and control of juvenile delinquency. In addition, the department may:
(1) Seek, apply for, and administer federal funding and other resources to enhance and expand the capabilities of the criminal and juvenile justice agencies;
(2) Coordinate and assess information on a statewide basis for the development of policies to improve the criminal justice and juvenile justice systems and programs;
(3) Administer state-funded criminal and juvenile justice programs as specifically directed by law or as may be implied through the appropriation of funds; and
(4) Administer programs for the prevention of sexual violence and the protection and treatment of victims of sexual violence.
(b) The attorney general may employ, without regard to chapter 76, and at pleasure dismiss, an administrator to oversee and carry out the resource coordination functions of the department set forth in subsection (a). In addition, the attorney general may employ, in accordance with chapter 76, other support staff necessary for the performance of the resource coordination functions. [L 1988, c 71, §1; am L 2000, c 253, §150; am L 2005, c 133, §1; am L 2006, c 300, §4]
Cross References
Juvenile justice information system, see chapter 846D.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-10.6 Crime research, prevention, and education; administrator and staff.

§28-10.6 Crime research, prevention, and education; administrator and staff.
(a) The department of the attorney general shall initiate, develop, and perform or coordinate programs, projects, and activities, as determined by the attorney general, on the subject of crime, including but not limited to crime research, prevention, and education. The attorney general may:
(1) Research, evaluate, and make recommendations regarding crime, crime prevention, and the criminal justice system to the governor, the legislature, the judiciary, criminal justice agencies, or the general public, as appropriate;
(2) Develop and implement or coordinate statewide crime prevention programs and activities including:
(A) Providing crime prevention training programs for law enforcement agencies, citizens, businesses, and civic groups; and
(B) Assisting in the organization of crime prevention teams in communities to encourage the development of community crime prevention programs;
(3) Develop public education programs through various broadcast or print media to provide to the general public information that will assist citizens in developing the knowledge and confidence to prevent crime and to avoid becoming victims of crime;
(4) Establish, as deemed by the attorney general to be necessary or appropriate, citizen and government agency representative study teams to study specific crime subjects or criminal justice system problems, in order to obtain input or advice from a more specialized segment of the criminal justice or public community on those specific matters; and
(5) Establish trust funds or accounts and receive and expend financial grants and donations for crime research, prevention, or education.
(b) The attorney general may employ, without regard to chapter 76, and at the attorney general's pleasure dismiss, an administrator to oversee and carry out the programs, projects, and activities on the subject of crime, as set forth in subsection (a). The attorney general may also employ other support staff, in accordance with chapter 76, necessary for the performance or coordination of the programs, projects, and activities on the subject of crime. [L 1989, c 332, pt of §1; am L 2000, c 253, §150; am L 2006, c 300, §5]
Case Notes
This section does not authorize the prosecuting attorney to use public funds and resources to advocate for a proposed constitutional amendment in a general election. 113 H. 446, 153 P.3d 1131.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-10.8 Rules.

§28-10.8 Rules.
The department of the attorney general may adopt, amend, or repeal rules, pursuant to chapter 91, that may be necessary or convenient for the performance of its functions. The department's rules may include general rules of practice and procedure that apply to all administrative offices, boards, and commissions placed or established within the department without the necessity of individual adoption by the administrative offices, boards, or commissions within the department. [L 1989, c 332, pt of §1]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-11 Investigators; appointment and powers.

§28-11 Investigators; appointment and powers.
(a) The attorney general shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section shall have and may exercise all of the powers and authority and the benefits and privileges of a police officer or of a deputy sheriff. These investigators shall consist of personnel whose primary duty will be to conduct investigations as directed by the attorney general.
(b) The attorney general may also appoint persons whose primary function shall be to provide security coverage for the governor and other public officials of this State, to be known as security investigators, who shall have and may exercise all the powers and authority of the investigators appointed under subsection (a). When not providing security coverage for the governor or other public officials, the security investigators shall conduct other investigations as directed by the attorney general. The positions of security investigators may be exempt from chapter 76. [L 1951, c 163, §1; am L 1951, c 264, §2; RL 1955, §30-11; am L 1963, c 85, §3; HRS §28-11; am L 1973, c 48, §1; am L 1981, c 161, §1; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2006, c 300, §6]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-12 Seal of department.

§28-12 Seal of department.
The attorney general shall procure a proper seal of the department of the attorney general with such suitable inscriptions and devices as the attorney general may approve, to be known as the official seal of the attorney general of the State. The seal shall remain in the attorney general's custody to be kept and used by the attorney general to verify official documents under such rules and regulations as the attorney general may prescribe. [L 1907, c 92, §1; RL 1925, §1495; RL 1935, §509; RL 1945, §1510; RL 1955, §30-12; HRS §28-12; gen ch 1985]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-13 Antitrust trust fund.

§28-13 Antitrust trust fund.
(a) There is established in the state treasury the antitrust trust fund, into which shall be deposited:
(1) Ten per cent of any antitrust judgment or settlement received by the State except where the deposit is inconsistent with the court order or settlement agreement relating to the amount; and
(2) Appropriations made by the legislature.
(b) The antitrust trust fund shall be administered by the department of the attorney general and shall be used for expenditures relating to the enforcement of antitrust laws, including but not limited to expenditures for training, equipment purchases, educational resources, and facilitating participation in antitrust lawsuits and investigations initiated by other states.
(c) All unencumbered and unexpended moneys in excess of $250,000 remaining on balance in the antitrust trust fund at the close of June 30 of each year shall lapse to the credit of the general fund.
(d) The department of the attorney general shall submit a report to the legislature no later than twenty days prior to the convening of each regular session to provide an accounting of the receipts and expenditures of the fund. [L 2001, c 97, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-15 Tobacco enforcement special fund.

§28-15
Tobacco enforcement special fund.
(a) There is established in the state treasury the tobacco enforcement special fund, into which shall be deposited the tobacco settlement moneys as provided by section 328L-2(a), the allocated portion of the stamp fee designated to pay for the cost of enforcing the cigarette tax stamp as provided by section 245-26, and fines as provided for by section 245-41.
(b) The tobacco enforcement special fund shall be administered by the department of the attorney general and shall be used for administering, operating, monitoring, and ensuring compliance with and enforcement of:
(1) The Master Settlement Agreement as defined in chapter 675 and any other statutes or programs relating to that agreement;
(2) Chapter 675;
(3) Tobacco prevention programs;
(4) The cigarette tax stamp as defined in chapter 245 and any other statutes or programs relating to that chapter;
(5) Chapter 245;
(6) Chapter 486P and any other statutes or programs relating to that chapter; and
(7) Any other requirement deemed necessary to carry out the purposes of the fund.
(c) All unencumbered and unexpended moneys in excess of $500,000 remaining on balance in the tobacco enforcement special fund at the close of June 30 of each year shall lapse to the credit of the state general fund.
(d) The department of the attorney general shall submit a report to the legislature, no later than twenty days prior to the convening of each regular session, providing an accounting of the receipts and expenditures of the fund. [L 2001, c 270, pt of §1; am L 2003, c 177, §1; am L 2004, c 43, §19 and c 52, §19]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-16 Litigation deposits trust account.

§28-16 Litigation deposits trust account.
(a) There is created in the state treasury the litigation deposits trust account. There shall be deposited into this account all moneys received through any civil action in which the State is a party where the settlement amount is $100,000 or higher, except for those actions involving departments able to procure their own legal services as provided for by section 28-8.3 and where no other state statute or court order specifically provides for the deposit of moneys received through the action.
(b) The account shall be administered by the department of the attorney general. The department shall maintain accounting records of account moneys, including subsidiary records of individual litigation deposits and disbursements thereof. Moneys in the account may be separated into subsidiary accounts; provided that one subsidiary account shall not be commingled with moneys from another subsidiary account except for deposit or investment purposes under subsection (d).
(c) Disbursements from each subsidiary account maintained under subsection (b) may include attorney's fees and other necessary expenses that the department determines to be reasonable and directly related to prosecution of the civil action for which the subsidiary account is maintained; provided that in the case of moneys deposited as a result of recoveries by an agency to which a non-general fund applies, the moneys shall be held and disbursed intact for deposit to the credit of the non-general fund. Money deposited in the litigation deposits trust account pursuant to an order of the court shall be disbursed in accordance with the order of the court. Any residual funds remaining in a subsidiary account shall be transferred to the respective non-general fund with which the civil action is associated or, if no specific non-general fund applies, transferred to the emergency and budget reserve fund established pursuant to section 328L-3, no later than thirty days after the civil action for which the subsidiary account is maintained is closed and all costs of that civil action have been paid, unless otherwise provided for by statute.
(d) Moneys in the litigation deposits trust account may be invested by the department in securities as provided by section 36-21. Investment earnings shall be deposited in the general fund.
(e) The department shall submit a report to the legislature no later than twenty days prior to the convening of each regular session on:
(1) The transactions, by subsidiary account, that take place in the litigation deposits trust account for each fiscal year; and
(2) A summary of the collections made in any amount on behalf of other departments and agencies specifying the appropriate number of transactions and amount collected for each department and agency. [L 2002, c 178, §1; am L 2021, c 9, §1; am L Sp 2021, c 9, §53]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-17 Criminal history record checks.

§28-17
Criminal history record checks.
(a) The department of the attorney general shall ensure that a background investigation is completed at the appropriate level designated by the federal government for any person, including any authorized contractor, to have access to federal tax information. This background investigation shall include criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the department of the attorney general for the purpose of determining whether the person is suitable for accessing federal tax information in accordance with applicable federal laws.
(b) The department of the attorney general may terminate or deny employment to any current or prospective employee, or terminate or refuse to secure the services of any contractor, if the department of the attorney general finds by reason of the background investigation conducted under subsection (a) that the current or prospective employee or employee or agent of the contractor poses a risk to the security of federal tax information. Termination or denial of employment, or termination or refusal to secure the services of any contractor, under this subsection, shall only occur after appropriate notification to the current or prospective employee or employee or agent of the contractor of the findings of the background investigation, and after the current or prospective employee or employee or agent of the contractor is given an opportunity to meet and rebut the findings. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 and 89 or administrative rules of the department of the attorney general.
(c) Investigations conducted by the department of the attorney general pursuant to this section shall be exempt from section 831-3.1. [L 2021, c 35, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-71 Organized crime unit.

§28-71 Organized crime unit.
There is established in the department of the attorney general an organized crime unit.
The organized crime unit shall consist of attorneys, and other specialized personnel necessary to implement this section. They shall be appointed by the attorney general who shall fix their compensation. Every attorney and specialist shall be entitled to hold the attorney's and specialist's position during good behavior, subject to removal by the attorney general only as provided in chapter 76.
The organized crime unit shall:
(1) Receive, gather, and analyze information;
(2) Develop tactical and strategic intelligence;
(3) Assist in control of organized criminal activity;
(4) Provide technical assistance and training to county law enforcement agencies in the detection and prosecution of organized crime; and
(5) Provide with the attorney general's approval specialized personnel and technological equipment for the use of law enforcement agencies in the State with respect to organized crime.
For purposes of this section, "organized crime" means the unlawful activities of the members of an organized association engaged in supplying illegal goods and services, including but not limited to gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations. [L 1971, c 108, §1; gen ch 1993]
Cross References
Organized crime control, see chapter 842.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-91 Medicaid fraud unit.

§28-91 Medicaid fraud unit.
There is established in the department of the attorney general a medicaid fraud unit.
The unit shall employ such attorneys, auditors, investigators, and other personnel as necessary to promote the effective and efficient conduct of the unit's activities. Except for the attorneys, all other employees of the medicaid fraud unit shall be subject to chapter 76.
The purpose of the medicaid fraud unit shall be to conduct a statewide program for the investigation and prosecution of medicaid fraud cases and violations of all applicable state laws relating to the providing of medical assistance and the activities of providers of such assistance. The medicaid fraud unit may also review and take appropriate action on complaints of abuse and neglect of patients of health care facilities receiving payments under the state plan for medical assistance and may provide for collection or referral for collection of overpayments made under the state plan for medical assistance that are discovered by the unit in carrying out its activities. [L 1978, c 106, §2; am L 2000, c 253, §150]
Law Journals and Reviews
Elder Abuse and Laws to Protect Older Persons in Hawaii. 15 HBJ, no. 13, at 93 (2013).
Holding Hawai`i Nursing Facilities Accountable for the Inadequate Pain Management of Elderly Residents. 27 UH L. Rev. 233.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 28. Attorney General › 28-91.5 Medicaid investigations recovery fund; established. There is established in the state treasury the medicaid investigations recovery fund as a special fund, and which is to be administered by the department of the attorney general, into which shall be deposited all funds that have been recovered as a result of medicaid fraud settlements. Moneys from this special fund shall be used to support a portion of operating expenses of the medicaid fraud unit within the department of the attorney general. [L Sp 1995, c 15, §1]

§28-91.5
Medicaid investigations recovery fund; established.
There is established in the state treasury the medicaid investigations recovery fund as a special fund, and which is to be administered by the department of the attorney general, into which shall be deposited all funds that have been recovered as a result of medicaid fraud settlements. Moneys from this special fund shall be used to support a portion of operating expenses of the medicaid fraud unit within the department of the attorney general. [L Sp 1995, c 15, §1]