reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 110. State-Owned Cemeteries › 110-2 Powers and duties of the comptroller.

§110-2 Powers and duties of the comptroller.
In carrying out the responsibility assigned by this chapter, the comptroller may:
(1) Adopt rules pursuant to chapter 91 to establish policies and rules governing the use of state-owned cemeteries, including, but not limited to, establishment of fees and charges, recordkeeping, entitlement to and procedures for interments and disinterments, the maintenance of order and security, placement and relocation of graves and grave markers, and kinds of markers that may be allowed;
(2) Determine, on the basis of evidence provided by claimants, ownership of or interest in cemetery plots and entitlement to interment and disinterment;
(3) Enter into agreements with churches, cemetery associations, and other not-for-profit organizations for the use of property within any state-owned cemetery; provided that the agreements shall specify the responsibilities of the organization for maintenance, care, and security of property, fees that may be charged members of the organization, the maintenance of such records as the comptroller may deem necessary, and such other requirements as the comptroller may impose;
(4) Redevelop cemeteries for other public purposes, and take such action as may be deemed necessary to reduce the number of state-owned cemeteries or to reduce the size of existing state-owned cemeteries;
(5) Contract for services necessary for the maintenance, improvement, redevelopment, or disposal of cemeteries; for the disinterment and relocation of remains; and for any other services as may be deemed necessary by the comptroller;
(6) Delegate to one or more subordinates authority to manage and maintain state-owned cemeteries;
(7) Hire temporary personnel exempt from chapter 76 to carry out management or maintenance functions; and
(8) Take such actions as the comptroller may deem necessary. [L 1987, c 368, pt of §2; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 110. State-Owned Cemeteries › 110-3 Removal of remains; public hearing and other requirements.

§110-3 Removal of remains; public hearing and other requirements.
The comptroller may disinter and relocate remains in any state-owned cemetery or between state-owned cemeteries to improve, redevelop, or reduce the size of any state-owned cemetery, or to facilitate the subsequent disposition of any state-owned cemetery; provided that:
(1) Before disinterring any remains, the comptroller shall hold at least one public hearing to afford the public an opportunity to review the plans to improve, redevelop, reduce the size of, or dispose of the cemetery and to submit comments and views on the proposed project; and
(2) The comptroller shall notify in writing the known relative of a deceased person whose remains are to be disinterred and relocated of the public hearing required by paragraph (1); if the relatives of the deceased are unknown the comptroller shall give at least one public notice of the public hearing statewide. [L 1987, c 368, pt of §2; am L 1998, c 2, §31]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 110. State-Owned Cemeteries › 110-4 Disposition of real property.

§110-4 Disposition of real property.
Any state-owned cemetery, or any part thereof, which is cleared of the remains of deceased persons and is no longer needed as a cemetery shall be offered to the county in which the cemetery is located for use as a public park. If the county does not accept the vacated property for use as a public park, the property shall be transferred to the control of the department of land and natural resources for disposition in accordance with applicable law. [L 1987, c 368, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-1 Findings and declaration of legislative purpose.

§111-1 Findings and declaration of legislative purpose.
The legislature hereby finds and declares that it is in the public interest that persons lawfully residing on or lawfully occupying real property and displaced by any action undertaken by any state or county governmental agency should be compensated for such displacement under certain circumstances. The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of owners, tenants, other persons, and business concerns lawfully residing on or lawfully occupying real property and displaced by the acquisition of real property for public or other purposes in the public interest and by building, zoning, and housing code enforcement activities. [L 1970, c 166, §1; am L 1979, c 54, §1; am L 1987, c 10, §1 and c 162, §1]
Cross References
Dislocated lessees, see § §101-3.5 and 171-142.
Case Notes
Adequate relocation assistance must be provided prior to eviction. 61 H. 144, 598 P.2d 161; 61 H. 156, 598 P.2d 168.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-3 Relocation payments.

§111-3 Relocation payments.
(a) Except as provided in subsection (f) below, if any state agency displaces persons described herein, it shall make fair and reasonable relocation payments to such displaced persons as required by this chapter.
(b) A relocation payment to a displaced person shall be for the person's or its actual and reasonable moving expenses.
(c) Optional payments (dwelling). Any displaced person who moves from a dwelling who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (b) may receive: (1) a moving expense allowance determined according to a schedule established by the state agency involved not to exceed $300; and (2) a dislocation allowance in the amount of $200.
(d) Optional payments (business and farm operations). Any displaced person who moves or discontinues the person's business or farm operations who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section may receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, or $5,000, whichever is the lesser. In the case of a business, no payment shall be made under this subsection unless the state agency involved is satisfied that the business (1) cannot be relocated without a substantial loss of its existing patronage; and (2) it is not part of a commercial enterprise having at least one other establishment, not being acquired by the state agency which is engaged in the same or similar business.
(e) In lieu of the payments authorized by subsections (b), (c), and (d), the state agency may at its option and at its expense undertake to move as applicable the personal effects or business or farm operation to the site to which the displaced person is to be relocated.
(f) If any state agency displaces any person as a result of code enforcement, that person shall be entitled to benefits under this section unless the displaced person is in any way responsible for the violation. The state agency shall have the right to recover from the party responsible for a code violation any moneys paid out under chapter 111. [L 1970, c 166, §3; am L 1973, c 67, §1(1); gen ch 1985; am L 1987, c 10, §4 and c 162, §4; am L 1988, c 94, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-4 Replacement housing.

§111-4 Replacement housing.
(a) In addition to any amount authorized in this chapter, the state agency involved in acquiring any real property shall make a payment to the owner of real property improved by a single-family, two-family, or three-family dwelling actually owned and occupied by the owner for not less than one year prior to the first written offer by the state agency for the acquisition of such property. Such payment, not to exceed $15,000, shall be the amount, if any, which when added to the acquisition payment, equals the average price required for a comparable dwelling determined, in accordance with standards established by the state agency to be a decent, safe, and sanitary dwelling adequate to accommodate the displaced owner, reasonably accessible to public services and places of employment, and available on the private market. Such payment shall be made only to a displaced owner who purchases and occupies a dwelling within one year subsequent to the date on which the owner is required to move from the dwelling on the real property acquired for public purposes.
(b) In addition to any amount authorized in this chapter, the state agency shall make a payment to any individual or family displaced from any dwelling not eligible to receive a payment under subsection (a) which dwelling was actually and lawfully occupied by such individual or family for not less than ninety days prior to the first written offer by the state agency for acquisition of such property. Such payment, not to exceed $4,000, shall be the amount which is necessary to enable such person to lease or rent for a period not to exceed two years or to make the downpayment on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate such individual or family in areas not generally less desirable in regard to public utilities and public and commercial facilities. [L 1970, c 166, §4; gen ch 1985; am L 1988, c 95, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-5 Not treated as income.

§111-5 Not treated as income.
No payment received under this chapter shall be considered as income for purposes of the state income tax law; nor shall such payments be considered as income to any recipient of public assistance and such payment shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under state welfare program. [L 1970, c 166, §5]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-6 Relocation assistance programs.

§111-6 Relocation assistance programs.
(a) When actions of a state agency displace or will displace any person, it shall assure that a relocation assistance program for such displaced person offering the services herein prescribed is available to reduce hardship to those affected and to reduce delays in improvements and other programs for public or other purposes in the public interest. If the state agency determines that other persons, business concerns, farm operations, or nonprofit organizations occupying property adjacent to any real property acquired are caused substantial economic injury because of the public improvement for which property is acquired, it may provide such persons, business concerns, farm operations, or nonprofit organizations relocation services under such program.
(b) Each relocation assistance program required by subsection (a) shall include such measures, facilities, or services as may be necessary or appropriate in order (1) to determine the needs of displaced persons for relocation assistance; (2) to assist owners of displaced business concerns and farm operations in obtaining and becoming established in suitable business locations or replacement farms; (3) to supply information concerning programs of the federal government offering assistance to displaced persons and business concerns; (4) to assist in minimizing hardships to displaced persons in adjusting to relocation; and (5) to secure to the greatest extent practicable the coordination of relocation activities with other project activities and other planned or proposed state agency action in the community or nearby areas which may affect the carrying out of the relocation program. [L 1970, c 166, §6]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-7 Assurance of availability of housing.

§111-7 Assurance of availability of housing.
If any state agency displaces any person or persons, it shall provide a feasible method for the relocation of families and individuals displaced from the property acquired and assurance that there are or are being provided in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe, and sanitary dwellings equal in number to the number of displaced families and individuals and available to such displaced families and individuals and reasonably accessible to their places of employment. [L 1970, c 166, §7]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-8 Authority of Hawaii housing finance and development corporation.

§111-8 Authority of Hawaii housing finance and development corporation.
(a) The Hawaii housing finance and development corporation shall make such regulations as may be necessary to assure: (1) that relocation payments authorized by section 111-3 are fair and reasonable; (2) that a displaced person that makes proper application for a relocation payment authorized by this chapter is, if personal property is disposed of and replaced for use at the new location, paid an amount equal to the reasonable expenses that would have been required in removing such personal property to the new location; (3) that a displaced person making proper application for and entitled to receive a relocation payment authorized by this chapter is paid promptly after the relocation; (4) that a displaced person has a reasonable time from the date of displacement in which to apply for a relocation payment authorized by this chapter.
(b) In order to prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs for displaced persons, the Hawaii housing finance and development corporation may require that any other state or county agency may make relocation payments or provide relocation services or otherwise carry out its functions under this chapter by utilizing the facilities, personnel, and services of an already existing agency designated by the Hawaii housing finance and development corporation or shall establish an organization for conducting relocation assistance programs or of any other agency conducting comparable programs. The Hawaii housing finance and development corporation, or other agency providing such services may charge a reasonable fee to any other agency utilizing its relocation assistance services. [L 1970, c 166, §8; am L 1987, c 337, §16; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-8.5 Reimbursement procedure.

§111-8.5 Reimbursement procedure.
(a) The state agency shall make a written demand for the amount due under this chapter from any person responsible for a code violation. Such amount shall be recoverable by the state agency in the same manner as a debt due.
(b) If the owner of real property from which persons are forced to move because of code enforcement is the person responsible for the code violation, and the owner fails to pay the state agency within sixty days after written demand, the state agency may claim a lien against the real property from which persons are displaced. This lien shall be in addition to any other remedy the state agency may have. Such lien may be foreclosed in the same manner as liens for state taxes and in accordance with sections 231-61 to 231-68.
(c) Payments in accordance with this section to the state agency by the party responsible for the code violation shall not relieve the party from complying with the notices ordering compliance with codes issued by the state agency. [L 1973, c 67, §1(2); gen ch 1985; am L 1987, c 10, §5 and c 162, §5; am L 1989, c 14, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-9 Rules and regulations.

§111-9 Rules and regulations.
The Hawaii housing finance and development corporation may adopt and amend rules and regulations to carry out the purposes of this chapter and may adopt all or any part of applicable federal rules and regulations which are necessary or desirable to obtain federal assistance in making payments hereunder. [L 1970, c 166, §9; am L 1987, c 337, §16; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-10 Conflicts between state and federal requirements.

§111-10 Conflicts between state and federal requirements.
If the funds for relocating any displaced person have been loaned or furnished, wholly or in part, by the United States, or any instrumentality thereof, under terms and provisions contrary to this chapter, the terms and provisions required by the United States, or any such instrumentality, shall govern and are made applicable, and the officer expending such funds shall conform to such requirements as the United States, or any such instrumentality, shall provide or require, any law or laws of the State to the contrary notwithstanding. [L 1970, c 166, §10]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-11 Fund availability.

§111-11 Fund availability.
The state agency shall include the cost specified in this chapter as a part of the cost of construction of the project for which a land acquisition program is initiated, or as part of the cost of any other program which displaces persons. Any funds appropriated or otherwise available to any state agency for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program or project. [L 1970, c 166, §11]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 111. Assistance to Displaced Persons › 111-12 Appeals.

§111-12 Appeals.
Any person aggrieved by a state agency's determination concerning eligibility for an amount of relocation payments authorized by this chapter or by a determination that the party is responsible for a code violation may appeal such determination to the circuit court of the circuit in which the displaced person or party then resides. The appeal shall be made pursuant to the administrative procedure act set forth in chapter 91. [L 1970, c 166, §12; am L 1973, c 67, §1(3); am L 1987, c 10, §6 and c 162, §6]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 113. Land Acquisition Policies for Federally Assisted Programs › 113-1 Application.

§113-1 Application.
This chapter shall be applicable to the acquisition of real property under the laws of the State for use in any project or program in which federal or federal-aid funds are used. [L 1971, c 32, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 113. Land Acquisition Policies for Federally Assisted Programs › 113-2 Property acquired; reimbursement of owner.

§113-2 Property acquired; reimbursement of owner.
In acquiring real property for use in any project or program in which federal or federal-aid funds are used, the State shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy a judgment in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the State deems fair and reasonable, for expenses the owner necessarily incurred for (1) recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State; (2) penalty costs for prepayment of any preexisting recorded mortgage loan entered into in good faith and encumbering such real property; and (3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the State, or the effective date of possession of such real property by the State, whichever is the earlier. [L 1971, c 32, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 113. Land Acquisition Policies for Federally Assisted Programs › 113-3 Property not acquired; reimbursement of owner.

§113-3 Property not acquired; reimbursement of owner.
Where a condemnation proceeding is instituted by the State to acquire real property for use in any project or program in which federal or federal-aid funds are used and (1) the final judgment is that the real property cannot be acquired by condemnation or (2) the proceeding is abandoned, the State shall pay the owner of any right, title or interest in such real property such sums as will, in the opinion of the State, reimburse such owner for the owner's reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings. [L 1971, c 32, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 113. Land Acquisition Policies for Federally Assisted Programs › 113-4 Proceeding by owner.

§113-4 Proceeding by owner.
Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of the owner's property in any program or project in which federal or federal-aid funds are used, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the State's attorney effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sums as will, in the opinion of the court or the State's attorney, reimburse such plaintiff for the plaintiff's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding. [L 1971, c 32, §4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 115. Public Access to Coastal and Inland Recreational Areas › 115-1 Findings and purpose.

§115-1 Findings and purpose.
The legislature finds that miles of shorelines, waters, and inland recreational areas under the jurisdiction of the State are inaccessible to the public due to the absence of public rights-of-way; that the absence of public rights-of-way is a contributing factor to mounting acts of hostility against private shoreline properties and properties bordering inland recreational areas; that the population of the islands is increasing while the presently accessible beach, shoreline, and inland recreational areas remain fixed; and that the absence of public access to Hawaii's shorelines and inland recreational areas constitutes an infringement upon the fundamental right of free movement in public space and access to and use of coastal and inland recreational areas. The purpose of this chapter is to guarantee the right of public access to the sea, shorelines, and inland recreational areas, and transit along the shorelines, and to provide for the acquisition of land for the purchase and maintenance of public rights-of-way and public transit corridors. [L 1974, c 244, §1; am L 1977, c 164, §3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 115. Public Access to Coastal and Inland Recreational Areas › 115-2 Acquisition of lands for public rights-of-way and public transit corridors.

§115-2 Acquisition of lands for public rights-of-way and public transit corridors.
When the provisions of section 46-6.5 are not applicable, the various counties shall purchase land for public rights-of-way to the shorelines, the sea, and inland recreational areas, and for public transit corridors where topography is such that safe transit does not exist. [L 1974, c 244, §2; am L 1977, c 164, §4]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 115. Public Access to Coastal and Inland Recreational Areas › 115-3 Criteria for public rights-of-way.

§115-3 Criteria for public rights-of-way.
A distance at reasonable intervals taking into consideration the topography and physical characteristics of the land the public is desirous of reaching is established as the maximum between public rights-of-way for the purposes of this chapter. [L 1974, c 244, §3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 115. Public Access to Coastal and Inland Recreational Areas › 115-3.5 Restricting passage over rights-of-way. A county may restrict passage over a public right-of-way by resolution or ordinance, provided that the resolution or ordinance sets forth criteria for determining that the restriction is in the public interest. [L 1993, c 113, §1]

§115-3.5
Restricting passage over rights-of-way.
A county may restrict passage over a public right-of-way by resolution or ordinance, provided that the resolution or ordinance sets forth criteria for determining that the restriction is in the public interest. [L 1993, c 113, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 115. Public Access to Coastal and Inland Recreational Areas › 115-4 Right of transit along shorelines.

§115-4 Right of transit along shorelines.
The right of access to Hawaii's shorelines includes the right of transit along the shorelines. [L 1974, c 244, §4; am L 1991, c 37, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 115. Public Access to Coastal and Inland Recreational Areas › 115-5 Beach transit corridor defined.

§115-5 Beach transit corridor defined.
(a) The right of transit shall exist seaward of the shoreline and this area shall be defined as a beach transit corridor. For purposes of this section, "shoreline" shall have the same meaning as in section 205A-1.
However, in areas of cliffs or areas where the nature of the topography is such that there is no reasonably safe transit for the public along the shoreline below the private property lines, the counties by condemnation may establish along the makai boundaries of the property lines public transit corridors which shall be not less than six feet wide.
(b) Along beach transit corridors where the abutting landowner's human-induced, enhanced, or unmaintained vegetation interferes or encroaches with beach transit corridors, the department of land and natural resources may require the abutting landowner to remove the landowner's interfering or encroaching vegetation. [L 1974, c 244, §5; am L 2010, c 160, §3]
Note
The source note to this section is supplemented by "am L 2010, c 160, §7; am L 2013, c 120, §4".
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 115. Public Access to Coastal and Inland Recreational Areas › 115-7 State and county co-sponsorship of programs.

§115-7 State and county co-sponsorship of programs.
The department of land and natural resources shall enter into agreements with the council of any county providing for the acquisition of public rights-of-way and public transit corridors pursuant to this chapter; provided that the county shall match the funds which have been appropriated by the legislature. The development and maintenance of the rights-of-way and public transit corridors shall be the responsibility of the county. [L 1974, c 244, §7]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 115. Public Access to Coastal and Inland Recreational Areas › 115-8 Expending agency.

§115-8 Expending agency.
The department of land and natural resources shall expend all sums appropriated for the purposes of this chapter and in accordance with section 115-7. [L 1974, c 244, §8]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 115. Public Access to Coastal and Inland Recreational Areas › 115-9 Obstructing access to public property; penalty.

§115-9 Obstructing access to public property; penalty.
(a) A person commits the offense of obstructing access to public property if the person, by action or by having installed a physical impediment, intentionally prevents a member of the public from traversing:
(1) A public right-of-way;
(2) A transit area;
(3) A public transit corridor; or
(4) A beach transit corridor;
and thereby obstructs access to and along the sea, the shoreline, or any inland public recreational area.
(b) Physical impediments that may prevent traversing include but are not limited to the following:
(1) Gates;
(2) Fences;
(3) Walls;
(4) Constructed barriers;
(5) Rubbish;
(6) Security guards;
(7) Guard dogs or animals; and
(8) A landowner's human-induced, enhanced, or unmaintained vegetation that interferes or encroaches within beach transit corridors.
(c) Obstructing access to public property is a misdemeanor.
(d) Minimum fines for violation under this section shall be as follows:
(1) $1,000 for a second conviction; and
(2) $2,000 for any conviction after a second conviction.
(e) As used in this section:
"Landowner" means the record owner of the property or the record owner's agent, including a lessee, tenant, property manager, or trustee.
"Person" means a natural person or a legal entity.
"Public recreational area" means public lands or bodies of water opened to the public for recreational use. [L 2004, c 169, §2; am L 2010, c 160, §4]
Note
The source note to this section is supplemented by "am L 2010, c 160, §7; am L 2013, c 120, §4".
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 115. Public Access to Coastal and Inland Recreational Areas › 115-10 Duty to maintain access within beach transit corridors; remedies.

§115-10 Duty to maintain access within beach transit corridors; remedies.
(a) The department of land and natural resources shall maintain access within beach transit corridors under this chapter and chapter 183C, by requiring private property owners to ensure that beach transit corridors abutting their lands shall be kept passable and free from the landowner's human-induced, enhanced, or unmaintained vegetation that interferes or encroaches in the beach transit corridors.
(b) In addition to the criminal penalties in section 115-9, the department is authorized to issue notice to landowners who fail to maintain access within beach transit corridors, as set out in subsection (a), abutting their property. If any landowner fails to remove the landowner's human-induced, enhanced, or unmaintained vegetation within twenty-one days of notice being issued, the department shall take any action authorized under section 183C-7 as necessary to maintain access within beach transit corridors; provided that if the landowner contests the basis upon which the notice was issued prior to the expiration of the notice period, the department's enforcement actions under section 183C-7 shall be tolled until the final resolution of the contested matter.
(c) As used in this section, "landowner" means the record owner of the property or the record owner's agent, including a lessee, tenant, property manager, or trustee. [L 2010, c 160, §2]
Note
The source note to this section is supplemented by "am L 2010, c 160, §7; am L 2013, c 120, §4".
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-1 Militia.

§121-1 Militia.
The militia of the State shall consist of every resident able-bodied citizen of the United States who is seventeen years old or older and under forty-six years of age and all other able-bodied residents of that age who have declared their intention to become citizens of the United States. The militia shall be composed of four classes:
(1) The federally organized and recognized national guard,
(2) The remainder of the organized militia to be known as the Hawaii state defense force,
(3) The naval militia,
(4) The unorganized militia.
The unorganized militia shall consist of those members of the militia who are not members of the national guard, the naval militia, or the state defense force. The unorganized militia shall be subject to active military duty only when called or ordered into the service of the State for such period as is required. They may be assigned to existing organizations of the Hawaii national guard, the naval militia, or the state defense force, or otherwise as the exigencies require. [L 1967, c 196, pt of §1; HRS §121-1; am L 1969, c 15, §1(a); am L 1988, c 135, §1]
Cross References
Department of defense, generally, see §26-21.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-2 Exemptions.

§121-2 Exemptions.
The following are exempt from military duty: all persons exempted from military duty under the laws of the United States, all judges of the several courts, and the members of the legislature. [L 1967, c 196, pt of §1; HRS §121-2]
Revision Note
Reference to "magistrates" following "judges", deleted as unnecessary in view of L 1970, c 188.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-3 Government employees.

§121-3 Government employees.
In case of a state of war, insurrection, rebellion, or of resistance to the execution of the laws of the United States, or of the State, proclaimed by the President or by the governor as appropriate, all employees of the State and political subdivisions thereof who are not physically disabled and who are not members of the national guard, naval militia, or state defense force shall, upon the order of the governor, report for duty with organizations designated by the governor. [L 1967, c 196, pt of §1; HRS §121-3; am L 1980, c 6, §1; am L 1988, c 135, §1]
Case Notes
When martial law may be put in force. Early case: 10 H. 29 (1848).
See also note to Organic Act §7.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-4 Composition.

§121-4 Composition.
The Hawaii national guard shall consist of the army national guard, the air national guard, the inactive national guard, and other organizations and units authorized by the laws of the United States or the regulations issued thereunder for the national guard which are recognized by the federal government, and in which federally recognized officers, warrant officers, and enlisted personnel are appointed or enlisted. [L 1967, c 196, pt of §1; HRS §121-4; am L 1969, c 15, §1(b)]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-5 Command.

§121-5 Command.
The governor shall be the commander in chief of the forces comprising the militia. The governor is authorized to promulgate such rules, regulations, and forms therefor as are not inconsistent with law, and to carry into full effect the law relative thereto. The provisions of chapter 91 shall not apply. The rules, regulations, and forms shall have the force of law. [L 1967, c 196, pt of §1; HRS §121-5; gen ch 1985]
Cross References
Governor, commander in chief under Hawaii const. art. V, §5.
President, commander in chief when militia called into actual service of United States under U.S. Const. Art. II, §2.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-6 Organization and reorganization of units.

§121-6 Organization and reorganization of units.
The governor may organize, alter, divide, annex, consolidate, and reorganize the army and air national guard into divisions, brigades, regimental combat teams, regiments, battle groups, battalions, squadrons, batteries, companies, and similar organizations in accordance with their strength as authorized from time to time and in conformity with the tables of organization prescribed by the secretaries of the army and of the air force. The governor may change the location of units, and subject to the approval of the appropriate secretary, redesignate units or organizations. [L 1967, c 196, pt of §1; HRS §121-6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-7 Adjutant general; appointment.

§121-7 Adjutant general; appointment.
(a) The adjutant general shall be the executive head of the department of defense and commanding general of the militia of the State. The adjutant general shall be appointed and be subject to removal as set forth in section 26-31. The adjutant general shall serve for the term as set forth in article V, section 6, of the Hawaii State Constitution.
(b) No person shall be eligible for appointment as adjutant general unless the person:
(1) Holds or has held a commission of the rank of colonel in the military grade of O6 or above, federally recognized as such, or its equivalent in the Army or Air national guard, state defense force, or in the Army or Air Force active component of the United States or a reserve component thereof and has served as a commissioned officer in one or more of the Army or Air Force components as listed herein for at least ten years; and
(2) Has no administrative actions or items that would prevent promotion to the rank of a general officer in the military grade of O7 or O8, federally recognized as such. [L 1967, c 196, pt of §1; HRS §121-7; gen ch 1985; am L 1987, c 28, §1; am L 1988, c 135, §1; am L 2022, c 100, §1]
Cross References
General authority and organization, see §26-21.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-8 Adjutant general; rank, salary.

§121-8 Adjutant general; rank, salary.
The adjutant general shall have the grade of a general officer. The salary of the adjutant general shall be subject to section 26-52. [L 1967, c 196, pt of §1; HRS §121-8; am L 1982, c 129, §6]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-9 Adjutant general; duties.

§121-9 Adjutant general; duties.
The adjutant general shall perform such duties as are prescribed by law and such other military duties consistent with the regulations and customs of the armed forces of the United States as required by the governor.
The adjutant general shall supervise all of the forces comprising the military components of the department of defense of the State. The supervisory power shall include the command, discipline, training, and recruiting of the armed forces of the State, military operations, distribution of troops, inspections, armament, military education and instruction, fiscal operations, administration, and supply.
The adjutant general is authorized to confer the powers of police officers, including the power to arrest, to employees of the department who are engaged as security guards for national guard and emergency management facilities; provided that such powers shall remain in force and effect only while the security guards are in the actual performance of their duties as security guards. [L 1967, c 196, pt of §1; HRS §121-9; am L 1969, c 249, §1; am L 1973, c 65, §1; gen ch 1985; am L 2014, c 111, §28]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-10 Administration.

§121-10 Administration.
The adjutant general shall from time to time make and publish such orders and regulations, not inconsistent with law, as are necessary to bring the organization, armament, equipment, and discipline of the organized militia to a state of efficiency as nearly as possible approaching that of the army and air force of the United States. The adjutant general shall attest all commissions issued to military officers, appointments issued to warrant officers, maintain personnel records, superintend preparation of all letters and reports required by the United States from the State. The adjutant general shall have charge of the state military reservations, armories, and all other property of the State kept or used for military purposes. The adjutant general shall take an inventory at least once each year of all military stores, property, and funds under the adjutant general's jurisdiction. The adjutant general shall be the official custodian of the military records of all persons from the State who served in the armed forces of the United States during times of war or grave national emergency, including those records which are turned over to the State by the federal agency of selective service. The records shall be preserved perpetually in accordance with rules and regulations established by the adjutant general.
The adjutant general shall make an annual report of the operations of the adjutant general's department. [L 1967, c 196, pt of §1; HRS §121-10; gen ch 1985]
Cross References
Annual report, see §93-12.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-10.5 Prisoner of war and missing in action designations. The State of Hawaii hereby recognizes the designations of prisoner of war and missing in action as valid descriptions of casualty status and category classification for military personnel. [L 2010, c 88, §1]

§121-10.5
Prisoner of war and missing in action designations.
The State of Hawaii hereby recognizes the designations of prisoner of war and missing in action as valid descriptions of casualty status and category classification for military personnel. [L 2010, c 88, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-11 Deputy adjutant general.

§121-11 Deputy adjutant general.
The adjutant general may appoint and remove at the adjutant general's pleasure a deputy adjutant general, who shall have a grade no higher than brigadier general. The deputy adjutant general shall perform duties assigned to the deputy adjutant general by the adjutant general and shall act for and in the place of the adjutant general during the adjutant general's absence or disability. [L 1967, c 196, pt of §1; HRS §121-11; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-12 Staff for military components, organization.

§121-12 Staff for military components, organization.
(a) The headquarters staff of the national guard shall be composed of the army national guard component, which shall include a selective service section, and the air national guard component. The headquarters shall be staffed by such officers, warrant officers and enlisted personnel, in the grades and branches of service as may be authorized by the secretaries of the army and the air force. The army division and the air division shall each be headed by an assistant adjutant general, who shall, while holding the office, have a grade no higher than brigadier general. The assistant adjutants general, when in the full-time employment of the department of defense, may receive the pay and allowance of their grade as fixed by the tables of the regular army or air force of the United States.
(b) The army national guard shall be organized and equipped as prescribed from time to time by the secretary of the army. Subject to the foregoing, it shall consist of not less than one brigade, or the equivalent thereof, to be organized by the order of the governor and be located throughout the State in accordance with military needs.
(c) The air national guard shall be organized and equipped as prescribed from time to time by the secretary of the air force.
(d) The inactive national guard consists of officers, warrant officers, and enlisted personnel transferred to it from the national guard in accordance with regulations promulgated by the secretaries of the army and the air force as appropriate. Members shall be assigned appropriately within the state headquarters for administration only, and attached to an active unit or organization for potential assignment and service with the unit or organization. [L 1967, c 196, pt of §1; HRS §121-12; am L 1969, c 15, §1(b)]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-13 Commissioned by commander in chief.

§121-13 Commissioned by commander in chief.
All commissioned officers of the army or air national guard shall be commissioned by the commander in chief but the commander in chief may refuse to issue a commission to any person, if in the commander in chief's opinion, the person is in any way unqualified or unworthy to be an officer. All commissions in the military service of this State shall be in the name and by authority of the State, sealed with the state seal, signed by the governor, attested by the adjutant general, and recorded in rosters periodically prepared and printed by the department of defense. [L 1967, c 196, pt of §1; HRS §121-13; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-14 Officers and warrant officers; qualifications, appointment, tenure.

§121-14 Officers and warrant officers; qualifications, appointment, tenure.
Commissioned officers and warrant officers shall be citizens of the United States and shall be at least twenty-one years of age or such lower age as may be authorized for appointment as reserve officers of the army or the air force by federal laws and regulations. They shall be appointed upon the order of the governor, subject to federal recognition as commissioned officers and warrant officers in the army or air national guard, except as to those officers appointed as aides-de-camp to the governor and staff positions not requiring federal recognition. Officers and warrant officers whose appointments are subject to federal recognition shall meet the qualifications prescribed by the secretary of the army or the air force, as the case may be. The commissions of all officers and appointments of warrant officers shall continue in force indefinitely and until they are separated from the service of the national guard in accordance with this chapter. [L 1967, c 196, pt of §1; HRS §121-14]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-16 Examination of officers and warrant officers.

§121-16 Examination of officers and warrant officers.
Every officer and warrant officer of the army or air national guard, except those for whom federal recognition is not required shall, upon the officer's or warrant officer's appointment to an office and assignment to a unit, upon official orders, appear before an examining board and successfully pass such test as to the officer's or warrant officer's physical, moral, and professional fitness as may be prescribed by the secretary of the army or the air force. [L 1967, c 196, pt of §1; HRS §121-16; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-17 Resignations.

§121-17 Resignations.
Resignations of officers and warrant officers shall be in writing addressed to the adjutant general and shall state the reasons for the resignation. Resignations shall be transmitted through immediate commanding officers, who shall make indorsements thereon, and shall take effect when accepted by the adjutant general and announced in orders. [L 1967, c 196, pt of §1; HRS §121-17]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 121. Militia; National Guard › 121-18 Retired list.

§121-18 Retired list.
Officers shall be placed on the retired list in the grade held at the time of retirement and may if promoted by the commander in chief be placed on such list in the next higher grade. Retired officers shall only be placed on active duty by order of the commander in chief and while on active duty shall rank next to officers of like grade upon the active list. [L 1967, c 196, pt of §1; HRS §121-18]