reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-33 Inspection.

§104-33 Inspection.
(a) If work performed in accordance with this chapter, in excess of eight hours in any day or on a Saturday, Sunday, or legal holiday of the State, requires inspection by the State or any political subdivision thereof, the inspection shall be conducted by the State or a political subdivision, as the case may be.
(b) In such event, it shall be lawful, notwithstanding any other provision of law to the contrary, for the State or any political subdivision thereof to alter the normal working hours of public employees, as may be needed for these purposes, and to pay these public employees for all hours worked in excess of eight hours per day or on a Saturday, Sunday, or legal holiday of the State. [L 1995, c 181, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 104. Wages and Hours of Employees on Public Works › 104-34 Submission of collective bargaining agreement to the director.

§104-34 Submission of collective bargaining agreement to the director.
(a) Parties to a collective bargaining agreement covering classes of laborers or mechanics, which are included in the prevailing wage determinations made pursuant to this chapter, shall submit a copy of the agreement to the director within five days after execution of the agreement.
(b) Except as otherwise provided herein, the terms of agreement shall be kept confidential by the director. The director may disclose terms of the agreement to any federal or state agency for the purpose of enforcing this chapter. [L 1995, c 181, pt of §2; am L 2002, c 215, §4]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-1 Government motor vehicles; certain uses prohibited.

§105-1 Government motor vehicles; certain uses prohibited.
Except as provided in section 105-2, it shall be unlawful for any person to use, operate, or drive any motor vehicle owned or controlled by the State, or by any county thereof, for personal pleasure or personal use (as distinguished from official or governmental service or use) including, without limitation to the generality of the foregoing, travel by or conveyance of any officer or employee of the State, or of any county thereof, directly or indirectly, from his place of service or from his work to or near his place of abode, or, directly or indirectly, from such place of abode to his place of service or to his work. [L 1919, c 227, pt of §1; RL 1945, pt of §462; am L 1949, c 389, pt of §1(a); RL 1955, §7-10; HRS §105-1]
Attorney General Opinions
State may hold employee responsible for negligent damage to vehicle under the employee's control. Att. Gen. Op. 63-31.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-2 Exceptions.

§105-2 Exceptions.
Section 105-1 shall not apply to:
(1) The governor;
(2) The mayor of any county;
(3) Any member of a police department or a fire department or of the staff of a hospital, or any officer or employee of the board of water supply of the city and county of Honolulu, when using a motor vehicle for a personal purpose incidental to the person's service or work (but not for pleasure);
(4) Any officer or employee of the State who, upon written recommendation of the comptroller, is given written permission by the governor to use, operate, or drive for personal use (but not for pleasure) any motor vehicle owned or controlled by the State;
(5) Any officer or employee of any county who, upon written recommendation of the budget director, is given written permission by the mayor, to use, operate or drive for personal use (but not for pleasure) any motor vehicle owned or controlled by the county;
(6) Any officer or employee of the State, or of any county, who, in case of emergency, because of the person's illness, or the person's incapacity caused by accident while at work, or because of the illness of a member of the person's immediate family including a reciprocal beneficiary while the person is at work, is conveyed in a motor vehicle to the person's place of abode, or to a hospital or other place, but every such use of such a motor vehicle shall be certified to by the officer or by the head of the department, commission, board, bureau, agency, or instrumentality controlling or possessing the motor vehicle immediately thereafter, and the certificate shall be forthwith filed with the comptroller, in the case of the State, or with the budget director, in the case of a county; and
(7) The assigned driver of a Van Go Hawaii vehicle or any other state ridesharing program vehicle. [L 1919, c 227, pt of §1; RL 1945, pt of §462; am L 1949, c 389, pt of §1(a); RL 1955, §7-11; am L 1965, c 11, §1; HRS §105-2; am L 1981, c 49, §1; gen ch 1993; am L 1997, c 383, §34]
Attorney General Opinions
Narcotics enforcement division investigators have authority for personal use of state vehicles incident to law enforcement purposes where prior written permission has been obtained from governor upon written recommendation of comptroller. Att. Gen. Op. 91-03.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-3 Permits revocable.

§105-3 Permits revocable.
Permits under section 105-2 may be limited to hours, routes, purposes or character of use, may extend to general classes of officers or employees, and may be canceled or revoked at any time without notice. The burden of proof shall be upon any officer or employee given a written permit under subdivisions (4) or (5) of section 105-2 to prove, in any proceedings, that the officer or employee had, at the time of so using, operating, or driving any such motor vehicle, an unrevoked written permit to so use, operate, or drive the same. Likewise, the burden of proof shall be upon any person conveyed in any such motor vehicle as provided in subdivision (6), section 105-2 to prove, in any proceedings, that the officer, or head of the department, commission, board, bureau, agency, or instrumentality, controlling or possessing such motor vehicle certified to such use and filed such certificate as required by subdivision (6). [L 1919, c 227, pt of §1; RL 1945, pt of §462; am L 1949, c 389, pt of §1(a); RL 1955, §7-12; HRS §105-3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-4 Enforcement; duties of sheriffs and police officers.

§105-4 Enforcement; duties of sheriffs and police officers.
The sheriff and the sheriff's deputies, or any police officer, within their respective jurisdictions, shall investigate any violation, or suspected violation of, and shall enforce section 105-1. [L 1949, c 389, pt of §1(d); RL 1955, §7-13; am L 1963, c 85, §3; HRS §105-4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-5 Penalties; dismissal.

§105-5 Penalties; dismissal.
Every person who violates section 105-1 shall be fined not more than $50 or imprisoned not more than ten days, or both.
Any person, then being an appointed officer or an employee of the State or of any county, who is found guilty more than twice by a court of competent jurisdiction of violating section 105-1 may be dismissed or discharged from the person's office or employment, any provision of chapter 76, or of any other law, to the contrary notwithstanding. [L 1949, c 389, pt of §1(d); RL 1955, §7-14; HRS §105-5; gen ch 1985]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, 663.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-6 Inscription on state motor vehicles.

§105-6 Inscription on state motor vehicles.
Unless excepted, every motor vehicle owned or controlled by the State shall bear on both sides thereof a facsimile of the state seal and beneath the seal the words "For Official Use Only" and the name of the department, commission, board, bureau, office, agency, or instrumentality thereof controlling or possessing such motor vehicle. This section shall not apply to such motor vehicles as are furnished the governor, lieutenant governor, chief justice of the supreme court, and the president of the University of Hawaii or to such motor vehicles as are used in any ridesharing program of the State, for undercover investigative work, law enforcement, and other functions as approved by the comptroller. Motor vehicles owned or controlled by the University of Hawaii may bear the University of Hawaii logo or seal, or both, in lieu of the state seal. [L 1919, c 227, pt of §2; RL 1945, pt of §463; am L 1949, c 389, pt of §1(b); RL 1955, §7-15; HRS §105-6; am L 1969, c 38, §1; am L 1981, c 49, §2; am L 1998, c 115, §14]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-7 Inscription on county motor vehicles.

§105-7 Inscription on county motor vehicles.
Unless excepted every motor vehicle owned or controlled by any county shall bear on both sides thereof the following inscription: "For Official Use Only". Underneath the inscription shall be the name or title of the county and the name of the department, commission, board, bureau, [office], agency, or instrumentality thereof controlling or possessing the motor vehicle; except that every motor vehicle owned or controlled by the board of water supply of the city and county of Honolulu shall bear on both sides thereof the following inscription: "Board of Water Supply - Conserve Water". This section shall not apply to motor vehicles that are furnished to the mayor of the city and county of Honolulu or to the chairperson and executive officer of the council of any county, or to the chief of police and deputy chief of police of the city and county and counties or manager of the board of water supply of the city and county of Honolulu. [L 1919, c 227, pt of §2; RL 1945, pt of §463; am L 1949, c 389, pt of §1(b); RL 1955, §7-16; HRS §105-7; gen ch 1993; am L 1998, c 124, §9]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-8 Character of inscription.

§105-8 Character of inscription.
The letters of such words as are required by sections 105-6 and 105-7 shall be painted or applied on all such motor vehicles in characters of a plain, bold size. [L 1919, c 227, pt of §2; RL 1945, §463; am L 1949, c 389, pt of §1(b); RL 1955, §7-17; HRS §105-8; am L 1969, c 38, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-9 Duty of performance.

§105-9 Duty of performance.
The duty of carrying out sections 105-6 to 105-8, insofar as they relate to motor vehicles, the property, or under the control, of the State, shall be vested in the comptroller, and, insofar as they relate to the several counties, shall be vested in the respective county councils, and insofar as they relate to independent boards and commissions having charge of their own funds shall be vested in the respective boards or commissions. [L 1919, c 227, §3; RL 1945, §464; am L 1949, c 389, §1(c); RL 1955, §7-18; am L Sp 1959 2d, c 1, §12; HRS §105-9]
Revision Note
"County councils" substituted for "boards of supervisors or city council".
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-10 Motor vehicles; shelter.

§105-10 Motor vehicles; shelter.
Except as otherwise permitted by section 105-2, every motor vehicle owned or controlled by the State, or by any county thereof, when not being used for official or governmental business or purposes, shall be kept in parking areas under cover if feasible at, or in the vicinity of, the office or place of business of the department, commission, board, bureau, officer, agency, or instrumentality controlling or possessing such motor vehicle. The comptroller, in the case of the State and the county councils, in the case of the counties, or the respective board or commission, in case of an independent board or commission having charge of its own funds, shall direct and see that this section is carried out, and, in that regard, each officer and each head of a department, commission, board, bureau, agency, or instrumentality controlling or possessing any such motor vehicle shall, when so directed, provide such parking areas and shelter for such motor vehicles controlled or possessed by him or it. [L 1949, c 389, pt of §1(d); RL 1955, §7-19; am L Sp 1959 2d, c 1, §12; HRS §105-10]
Revision Note
"County councils" substituted for "respective boards of supervisors or city council".
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 105. Government Motor Vehicles › 105-11 State motor pool revolving fund.

§105-11 State motor pool revolving fund.
(a) There shall be in the state treasury, a state motor pool revolving fund for acquisition, operation, repair, maintenance, storage, and disposal of state-owned vehicles assigned to the motor pool.
(b) All proceeds collected from motor pool rentals shall be deposited in the state motor pool revolving fund and be expended by the comptroller to carry out the purposes of this section. [L 1986, c 68, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-1 Management of internal improvements.

Note
Sections 107-1 to 107-11 designated as Part I by L 2007, c 82, §3.
§107-1 Management of internal improvements.
The comptroller is charged with the superintendence and management of the internal improvements of the State. [CC 1859, §167; RL 1925, §798; RL 1935, §1700; RL 1945, §4901; am L 1947, c 180, §1; RL 1955, §110-1; am L Sp 1959 2d, c 1, §12; HRS §107-1]
Cross References
General authority of comptroller, see §26-6.
Case Notes
Section gives no right to grant franchise for street railway in Honolulu. 6 H. 414.
Within duties to accept promise to pay for use of sewer. 19 H. 41.
County ordinances may not restrict duties under section. 23 H. 675.
No specific duties or improvements are imposed on contractors. 30 H. 132.
Cited: 7 H. 470.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-1.5 Public works project assessment fund. (a) There shall be established in the department of accounting and general services a revolving fund to be known as the public works project assessment fund for the purposes of defraying costs involved in carrying out construction projects managed by the department; managing funds representing accumulated vacation and sick leave credits and retirement benefits for non-general funded employees in the construction program in accordance with section 78-23; equitably collecting and distributing the costs of other current expenses associated with capital improvement, repairs and maintenance, and repairs and alterations projects; and managing the payments of employee transportation requirements such as car mileage reimbursements in accordance with applicable law and collective bargaining agreements. (b) The comptroller shall make reasonable assessments on construction projects managed by the department of accounting and general services to carry out the program of centralized engineering services. The assessments shall be based on a logarithmic curve developed by the department for such services. All assessments collected shall be deposited into the public works project assessment fund. (c) All expenditures from the public works project assessment fund shall be made by the comptroller in accordance with applicable law and rules. [L 1996, c 113, §1; am L 2002, c 148, §11]

§107-1.5
Public works project assessment fund.
(a) There shall be established in the department of accounting and general services a revolving fund to be known as the public works project assessment fund for the purposes of defraying costs involved in carrying out construction projects managed by the department; managing funds representing accumulated vacation and sick leave credits and retirement benefits for non-general funded employees in the construction program in accordance with section 78-23; equitably collecting and distributing the costs of other current expenses associated with capital improvement, repairs and maintenance, and repairs and alterations projects; and managing the payments of employee transportation requirements such as car mileage reimbursements in accordance with applicable law and collective bargaining agreements.
(b) The comptroller shall make reasonable assessments on construction projects managed by the department of accounting and general services to carry out the program of centralized engineering services. The assessments shall be based on a logarithmic curve developed by the department for such services. All assessments collected shall be deposited into the public works project assessment fund.
(c) All expenditures from the public works project assessment fund shall be made by the comptroller in accordance with applicable law and rules. [L 1996, c 113, §1; am L 2002, c 148, §11]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-2 Surveys, maps, etc., lands, harbors, etc.

§107-2 Surveys, maps, etc., lands, harbors, etc.
The comptroller shall cause such surveys, maps, and plans of the government lands set aside for public purposes and of the harbors, and internal improvements to be made as the public interest may require, which surveys, maps, and plans shall be kept in the comptroller's office for public inspection and reference. [CC 1859, §45; Cp L §45; am imp Org Act, §73(q); RL 1925, §799; RL 1935, §1701; RL 1945, §4902; RL 1955, §110-2; am L Sp 1959 2d, c 1, §12; HRS §107-2; gen ch 1985]
Cross References
Public works affecting historical sites, see §6E-8.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-3 Powers and duties of the department of accounting and general services.

§107-3 Powers and duties of the department of accounting and general services.
The powers and duties of the department of accounting and general services shall include:
(1) The powers and duties heretofore attached to the surveyor general, except such as relate to the geodetic survey of the Hawaiian Islands;
(2) The surveying, locating land boundaries, triangulation, mapping, subdividing, studying land titles and boundaries, preparing metes and bounds descriptions, marking land boundaries, and other work related thereto of all lands owned, controlled or in the possession of the State, when such action is required in order to use, sell, lease, exchange, or improve such lands, and, when requested, the performing of similar services with regard to private lands to be acquired by the State for public purposes;
(3) Collaborating with the state departments and agencies in acquiring lands required by the State for public purposes, the cost in connection therewith to be borne by the department or agency acquiring the land. [L 1951, c 283, §1; RL 1955, §103-1; am L Sp 1959 2d, c 1, §12; HRS §107-3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-4 Duties of counties relating to maps, surveyors, reports.

§107-4 Duties of counties relating to maps, surveyors, reports.
Whenever any maps and metes and bounds descriptions are made by any county department or agency, a certified copy of such map and metes and bounds description shall be filed with the department of accounting and general services. The land surveyors employed by county departments and agencies shall perform their surveying duties in conformance with professional standards to be prescribed by the department and shall report to it from time to time as may be required. [L 1951, c 283, §2; RL 1955, §103-2; am L Sp 1959 2d, c 1, §12; HRS §107-4]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-5 Costs, fees and charges.

§107-5 Costs, fees and charges.
The department of accounting and general services shall be reimbursed for the reasonable costs incurred in furnishing supplies and performing services for any other state department or agency in accordance with a schedule of fees and charges approved by the director of finance after taking into consideration the amount of funds available to such department or agency for such purpose, provided that this section shall not apply to the department of land and natural resources. [L 1951, c 283, §3; RL 1955, §103-3; am L Sp 1959 2d, c 1, § §12, 14, 21; am L 1961, c 132, §1; am L 1963, c 114, §1; HRS §107-5]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-6 Standards prescribed by department.

§107-6 Standards prescribed by department.
All matters pertaining to land surveying, mapping, studying land titles and boundaries, preparing metes and bounds descriptions, setting centerline highway monuments, and other work related thereto performed by the department of transportation shall be performed in conformance with the professional standards to be prescribed by the department of accounting and general services and the cost in connection therewith shall be borne by the department of transportation. [L 1951, c 283, §4; RL 1955, §103-4; am L Sp 1959 2d, c 1, § §12, 26; HRS §107-6]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-7 Assistance of private employees authorized.

§107-7 Assistance of private employees authorized.
The performance of work under this chapter may include the employment of private land surveyors, engineers, and photogrammetric engineering assistance when necessary, and the cost in connection therewith shall be borne by the department or agency concerned. [L 1951, c 283, §5; RL 1955, §103-5; HRS §107-7]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-9 Appraisers of property, number.

§107-9 Appraisers of property, number.
Whenever the laws of the State require the appraisal of property prior to sale or purchase, the number of appraisers shall be one or more but not more than three disinterested persons, the number to be determined in the discretion of the government agency or officer required to have the appraisal made. [L 1953, c 210, §1; RL 1955, §7-42; HRS §107-9]
Cross References
Appraisers for public lands, see §171-17.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-10 Acquiring of real property; prior approval.

§107-10 Acquiring of real property; prior approval.
No real property or any right, title, or interest therein shall be acquired by agreement, purchase, gift, devise, eminent domain, or otherwise, for any purpose, by the State or any department, agency, board, commission, or officer thereof, without the prior approval of the attorney general as to form, exceptions, and reservations. As to property acquired by the University of Hawaii, the attorney general may delegate to the University general counsel the authority to approve as to form, exceptions, and reservations. In cases involving acquisitions by the University of Hawaii of interests in real property that do not require legislative appropriations, the general counsel for the University of Hawaii may give approval as to form, exceptions, and reservations. [L 1959, c 135, §1; Supp, §7-43; HRS §107-10; am L 2001, c 243, §5]
Attorney General Opinions
The State already holds an inchoate right to land that may pass to it by erosion or sea level rise. Ripening of that inchoate right is not "acquiring" or "acquisition" of real property under this section, §26-7, or §171-30. Accordingly, the attorney general does not have to review the ownership change and does not have to review or approve "documents relating to" the ownership. Att. Gen. Op. 17-1.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-21 Definitions.

§107-21 Definitions.
As used in this part:
"Codes and standards" means nationally recognized minimum requirements that shall be met for design and construction to safeguard life, property, and the general welfare.
"Council" means the state building code council.
"Department" means the department of accounting and general services.
"Hawaii state building codes" means the building codes and standards that the state building code council adopts under section 107-24.
"Hurricane resistant criteria" means the design criteria for enhanced hurricane protection areas that are capable of withstanding a five hundred-year hurricane event, as developed by the state department of defense for public shelter and residential safe room design criteria.
"State building construction" means any building construction project or program initiated by a state agency or requiring the use of state funds. [L 2007, c 82, pt of §2; am L 2014, c 164, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-22 State building code council.

§107-22 State building code council.
(a) There is established a state building code council. The council shall be placed within the department of accounting and general services for administrative purposes only. The council shall consist of twelve voting members and one nonvoting member, who shall be the comptroller or the comptroller's designee. The council members shall serve four-year terms. The voting members shall include:
(1) One county building official from each of the four counties appointed by the mayor;
(2) One member representing the state fire council;
(3) One member representing the department of labor and industrial relations, who has significant experience in elevator safety;
(4) One member representing the Hawaii state energy office of the department of business, economic development, and tourism;
(5) One member representing the Hawaii emergency management agency, appointed by the director of Hawaii emergency management;
(6) One member representing the Structural Engineers Association of Hawaii;
(7) One member representing the American Institute of Architects, Hawaii State Council;
(8) One member representing the Building Industry Association of Hawaii or the General Contractors Association of Hawaii, who has significant experience with building codes, with alternating four-year terms between the two organizations and the first four-year term to be served by the Building Industry Association of Hawaii; and
(9) One member representing the Subcontractors' Association of Hawaii, who has significant experience with building codes.
(b) Seven voting members shall constitute a quorum. The chairperson of the council shall be elected annually from among its members by a majority vote of the members of the council.
(c) Members shall serve without compensation, but shall be reimbursed for expenses, including travel expenses necessary for the performance of their duties. [L 2007, c 82, pt of §2; am L 2014, c 164, §3; am L 2023, c 184, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-23 Executive director and executive assistant; council budget.

§107-23 Executive director and executive assistant; council budget.
(a)
The council shall appoint, exempt from chapters 76 and 89, an executive director, who shall serve at the pleasure of the council, and who shall have administrative abilities and experience with the building industry. The council shall also appoint, exempt from chapters 76 and 89, an executive assistant, who shall have experience in statutory and administrative rulemaking processes to assist in carrying out the duties of the council under section 107-24. The council may appoint other staff who shall be subject to chapters 76 and 89.
(b) The budgetary requirements for conducting meetings, training, travel, and other related responsibilities of the council, including salaries of the executive director, executive assistant, and other staff, shall be included in the budget of the department of accounting and general services. [L 2007, c 82, pt of §2; am L 2014, c 164, §4]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-24 Authority and duties of the council.

§107-24 Authority and duties of the council.
(a) Any law to the contrary notwithstanding, the council shall establish the Hawaii state building codes.
(b) The council shall appoint a subcommittee comprising the four council members representing county building officials, whose duty shall be to recommend any necessary or desirable state amendments to the codes and standards identified in section 107-25. Any recommended state amendments shall require the unanimous agreement of the subcommittee.
(c) The council shall adopt, amend, or update codes and standards identified in section 107-25 on a staggered basis as established by the council; provided that adoption of a code or standard shall be within two years of the official publication date of the code or standard, pursuant to chapter 92, and exempt from the requirements of chapter 91. If the council does not adopt a code or standard identified in section 107-25 within the two-year time period, that code or standard shall automatically become part of the Hawaii state building code until superseded by the adoption of an amended version of the code or standard by the council pursuant to this subsection.
(d) The council may appoint other investigative, technical expertise committees, which may include council members.
(e) The council shall consult with general building contractor associations and building trade associations to gather information and recommendations on construction practices and training relevant to building codes and standards.
(f) The council may make expenditures for technical references, equipment and supplies, and other operating expenses, and may contract for the conduct of research studies and other technical services.
(g) The council may provide education and technical training and administrative assistance in the form of services or grants at the state and county levels relating to the implementation and enforcement of the Hawaii state building codes adopted pursuant to this part.
(h) At the end of each fiscal year, the council shall submit a written report to the governor on the council's activities, including the codes and standards adopted, amended, or updated by the council. [L 2007, c 82, pt of §2; am L 2014, c 164, §5; am L 2017, c 141, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-25 Hawaii state building codes; requirements.

§107-25 Hawaii state building codes; requirements.
There is established the Hawaii state building codes applicable to all construction in the State of Hawaii. The Hawaii state building codes shall be based upon:
(1) The state fire code as adopted by the state fire council;
(2) The Uniform Plumbing Code, as copyrighted and published by the International Association of Plumbing and Mechanical Officials, including its appendices;
(3) The International Building Code, the International Residential Code, and the International Energy Conservation Code, as published by the International Code Council;
(4) The National Electrical Code, as published by the National Fire Protection Association;
(5) Hawaii design standards implementing the criteria pursuant to Act 5, Special Session Laws of Hawaii, 2005, as applicable to:
(A) Emergency shelters built to comply with hurricane resistant criteria, including enhanced hurricane protection areas capable of withstanding a five hundred-year hurricane event as well as other storms and natural hazards; and
(B) Essential government facilities requiring continuity of operations; and
(6) Code provisions based on nationally published codes or standards that include but are not limited to residential and hurricane resistant standards related to loss mitigation standards in accordance with section 431P-12, elevator, mechanical, flood and tsunami, existing buildings, and onsite sewage disposal. [L 2007, c 82, pt of §2; am L 2014, c 164, §6]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-26 Hawaii state building codes; prohibitions.

§107-26 Hawaii state building codes; prohibitions.
In adopting the Hawaii state building codes, the council shall not adopt provisions that:
(1) Relate to administrative, permitting, or enforcement and inspection procedures of each county; or
(2) Conflict with chapters 444 and 464. [L 2007, c 82, pt of §2; am L 2014, c 164, §7]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-27 Design of state buildings.

§107-27 Design of state buildings.
(a) No later than one year after the adoption of codes or standards pursuant to section 107-24(c), the design of all state building construction shall be in compliance with the Hawaii state building codes, except state building construction shall be allowed to be exempted from:
(1) County codes that have not adopted the Hawaii state building codes;
(2) Any county code amendments that are inconsistent with the minimum performance objectives of the Hawaii state building codes or the objectives enumerated in this part; or
(3) Any county code amendments that are contrary to code amendments adopted by another county.
(b) Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.
(c) The State shall consider hurricane resistant criteria when designing and constructing new public schools for the capability of providing shelter refuge.
(d) Beginning July 1, 2023, where feasible and cost-effective, the design of all new state building construction shall:
(1) Maximize energy and water efficiency measures;
(2) Maximize energy generation potential; and
(3) Use building materials that reduce the carbon footprint of the project. [L 2007, c 82, pt of §2; am L 2014, c 164, §8; am L 2017, c 141, §3; am L 2018, c 84, §1; am L 2022, c 239, §3]
Note
Act 84, Session Laws of Hawaii 2018, which established subsection (c), held unconstitutional by the Supreme Court of Hawaii on November 4, 2021, SCAP-19-0000372.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-28 County authority to amend and adopt the Hawaii state building codes without council approval.

§107-28 County authority to amend and adopt the Hawaii state building codes without council approval.
(a) The governing body of each county shall amend, adopt, and update the Hawaii state building codes as they apply within their respective jurisdiction, in accordance with section 46-1.5(13), without approval of the council. Each county shall amend and adopt the Hawaii state building codes and standards listed in section 107-25, as the referenced Hawaii state building codes and standards for its respective county building code ordinance, no later than two years after the adoption of the Hawaii state building codes.
(b) If a county does not amend the Hawaii state building codes within the two-year time frame, the Hawaii state building codes shall become applicable as an interim county building code. [L 2007, c 82, pt of §2; am L 2014, c 164, §9]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107. Public Improvements › 107-31 State building code; compliance.

§107-31 State building code; compliance.
The design of all state building construction shall be in compliance with the state building code within one year of its effective date. [L 2007, c 82, pt of §2]
Note
State building code, see chapter 3-180, Hawaii Administrative Rules.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107D. State Facility Renovation Partnership Program › 107D-1 Definitions.

§107D-1 Definitions.
As used in this chapter:
"Building lease" means a contract between the department and private investor in which the private investor conveys an improved facility to the department for a specified period of time.
"Department" means the department of accounting and general services.
"Development agreement" means an agreement between the State and a private investor which, at a minimum, includes:
(1) A description of the work to be done;
(2) The sale price for the facility;
(3) The duration of the agreement;
(4) The roles and responsibilities of the department and the private investor; and
(5) The terms and conditions for the ground lease and building lease.
"Facility" means property under the management and control of the department that may contain land, buildings, or both.
"Ground lease" means a lease of land executed between the State and private investor pursuant to which the private investor will renovate the existing facility, provide improvements, or construct a new building or buildings on a specified property.
"Private investor" means a non-governmental entity. [L 2011, c 231, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 107D. State Facility Renovation Partnership Program › 107D-2 State facility renovation partnership program; established.

§107D-2 State facility renovation partnership program; established.
(a) There is established the state facility renovation partnership program to be administered by the department. The program shall include all transactions, including land, improvements, or both.
(b) The department shall conduct a comprehensive review of all state office facilities and shall compile a list of priority facilities situated on state-owned land that it deems best suited for the state facility renovation partnership program.
(c) The department may enter into a development agreement with any private investor for the sale of a priority facility identified in subsection (b) to the private investor; provided that the development agreement contains the following requirements:
(1) The State shall sell the facility to the private investor, who shall:
(A) Renovate, improve, or construct for the State a facility, pursuant to a ground lease, and may maintain the facility; and
(B) Lease the facility to the State, pursuant to a building lease;
(2) The land upon which the facility rests shall not be sold to the private investor; provided that the land may be leased at a nominal rate to the private investor for a term that would, at a minimum, allow the private investor to recover the capital investment that has been made to the facility, including depreciation; and
(3) The State shall have the option of purchasing the facility from the private investor for the remaining balance of the debt service costs incurred by the private investor at any time; provided that the ground lease shall terminate concurrently.
(d) There is established the state facility renovation partnership special fund in the state treasury to be administered by the department and into which all funds derived from the state facility renovation partnership program shall be deposited. Funds in the special fund shall be used solely for the purposes of the state facility renovation partnership program.
(e) The department shall establish rules pursuant to chapter 91 to implement the purposes of this chapter.
(f) In the event of any conflicts between the provisions of this chapter and chapter 171, this chapter shall control; otherwise, the provisions of chapter 171 shall apply. [L 2011, c 231, pt of §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 109. Stadiums and Recreational Facilities › 109-2 Stadium authority; powers and duties.

§109-2 Stadium authority; powers and duties.
The powers and duties of the stadium authority shall be as follows:
(1) To repair, maintain, and operate stadium facilities and the stadium development district, including:
(A) Repairs, maintenance, operations, and demolition of existing stadium facilities;
(B) Operations and maintenance of a new stadium; and
(C) Contractual payments to developers, contractors, or management contractors engaged by the stadium authority;
(2) To coordinate in planning, design, and construction activities, including on-site repairs, within the stadium development district;
(3) To acquire and hold title to real property;
(4) To prescribe and collect rents, fees, and charges for the use or enjoyment of the stadium, facilities related to the stadium, and real property held by the stadium authority, including entering into leases, contracts, sponsorship and advertising agreements, food and beverage agreements, concession agreements, parking agreements, or other development and use agreements that may apply; provided that leases shall not exceed a term of ninety-nine years;
(5) To make and execute contracts and other instruments necessary or convenient to exercise its powers under this chapter and subject to any limitations in this chapter, to exercise all powers necessary, incidental, or convenient to carry out and effectuate the purposes and provisions of this chapter;
(6) To adopt, amend, and repeal, in accordance with chapter 91, rules it may deem necessary to effectuate this chapter and in connection with its projects, operations, and facilities;
(7) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapters 76 and 89, to manage the stadium, the stadium development district, and its contractors; and
(8) To plan, promote, and market the stadium and related facilities. [L 1970, c 172, §2; am L 1971, c 125, pt of §1; am L 1975, c 172, §1; am L 1976, c 158, §1; am L 1982, c 129, §5; am L 1986, c 128, §5; am L 1989, c 329, §4; am L 1995, c 149, §1; am L 1999, c 160, §8; am L 2000, c 253, §150; am L 2002, c 148, §12; am L 2005, c 226, §5; am L 2016, c 61, §4; am L 2021, c 146, §2]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 109. Stadiums and Recreational Facilities › 109-3 Stadium special fund.

§109-3 Stadium special fund.
(a) There is created a special fund to be known as the stadium special fund into which funds collected by the authority shall be deposited. The stadium special fund shall be applied, used, and disposed of for the payment of:
(1) The expenses of the operation, maintenance, promotion, and management of; and
(2) All or a portion of the cost of financing any capital improvement project for;
the stadium and related facilities; provided that all services required for the stadium and related facilities shall be performed by persons hired on contract or otherwise, without regard for chapter 76; provided further that the authority shall report to the legislature all receipts and expenditures of the stadium special fund account twenty days prior to the convening of each regular session until the stadium special fund is closed pursuant to subsection (c).
(b) Notwithstanding subsection (a), all moneys collected by the stadium authority after June 30, 2021, shall be deposited into the stadium development special fund pursuant to section 109-3.5.
(c) Upon June 30, 2021, the stadium special fund established herein shall be abolished, and all appropriations, encumbrances, and the remaining unencumbered balance shall be transferred to the stadium development special fund. [L 1970, c 172, §3; am L 1971, c 125, pt of §1 and c 173, §4; am L 1975, c 172, §2; am L 1993, c 280, §7; am L 1995, c 149, §2; am L 1999, c 160, §9; am L 2000, c 253, §150; am L 2016, c 61, §5; am L 2021, c 146, §8]
Revision Note
In subsections (b) and (c), "June 30, 2021" substituted for "the effective date of Act [146], Session Laws of Hawaii 2021" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 109. Stadiums and Recreational Facilities › 109-3.5 Stadium development special fund; established.

§109-3.5 Stadium development special fund; established.
(a) There is established in the state treasury the stadium development special fund, into which funds collected by the stadium authority shall be deposited, including:
(1) All revenues from the stadium development district, including but not limited to agreements or actions generating revenue related to stadium operations, lease or rental of facilities or land, concessions, food and beverage, parking, sponsorship and advertising, utilities and infrastructure, and development;
(2) All gifts or grants awarded in any form from any public agency or any other source for purposes of the stadium development district;
(3) All proceeds from revenue bonds issued for the purpose of the stadium development district; and
(4) Appropriations made by the legislature to the fund.
(b) Moneys in the stadium development special fund shall be used by the stadium authority for the payment of expenses arising from any and all use, operation, repair, maintenance, alteration, improvement, development, or any unforeseen or unplanned repairs of the stadium development district, including without limitation:
(1) The development, operation, and maintenance of a new stadium;
(2) Food and beverage service and parking service provided at the stadium facility; the sale of souvenirs, logo items, or other items; any future major repair, maintenance, and improvement of the stadium facility as a commercial enterprise or as a world-class facility for athletic events, entertainment, or public events; and marketing the facility pursuant to section 109-2(4) and (8); and
(3) Contractual payments to developers or contractors engaged by the stadium authority for the purpose of redeveloping the site and related on- and off-site infrastructure that benefits the stadium district and its development guidance policies. [L 2021, c 146, §6]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 109. Stadiums and Recreational Facilities › 109-6 Stadium special account.

§109-6 Stadium special account.
The stadium authority is authorized to set up a special account into which shall be deposited all receipts collected by the authority from the sale of admission tickets for events held at the stadium, including any money deposited with the authority by users to assure the payment of charges for the use of the stadium. Money in the account shall be kept in a depository as defined in section 38-1. Disbursements from the account shall be made in accordance with procedures adopted by the authority and approved by the director of finance. [L 1978, c 73, §1]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 109. Stadiums and Recreational Facilities › 109-7 Enforcement; penalty.

§109-7 Enforcement; penalty.
(a) Any law enforcement officer who has police powers to arrest offenders and issue citations, including any police officer of the counties, shall have the authority to enforce any rule adopted pursuant to section 109-2(6).
(b) Any person violating any rule of the stadium authority regulating conduct on the stadium premises shall be guilty of a petty misdemeanor punishable by a fine not exceeding $1,000, or imprisonment not exceeding thirty days, or both.
(c) Any person violating any rule of the stadium authority regulating parking or traffic on the stadium premises shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein. [L 1982, c 235, §1; am L 1996, c 159, §1; am L 1999, c 160, §11; am L 2016, c 61, §7; am L 2021, c 146, §3]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 110. State-Owned Cemeteries › 110-1 Responsibility for state-owned cemeteries.

§110-1 Responsibility for state-owned cemeteries.
The comptroller shall be responsible for the operation, maintenance, improvement, redevelopment, and disposal of state-owned cemeteries; for the determination of ownership of plots therein; and for the proper maintenance of records pertaining to the cemeteries, including cemetery plot plans, and records of plot ownership, interments, and disinterments. [L 1987, c 368, pt of §2]