reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26. Executive and Administrative Departments › 26-35 Administrative supervision of boards and commissions.

§26-35 Administrative supervision of boards and commissions.
(a) Whenever any board or commission is established or placed within or transferred to a principal department for administrative purposes or subject to the administrative control or supervision of the head of the department, the following provisions shall apply except as otherwise specifically provided by this chapter:
(1) The head of the department shall represent the board or commission in communications with the governor and with the legislature; unless the legislature or a legislative committee requests to communicate directly with the board or commission;
(2) The financial requirements from state funds of the board or commission shall be submitted through the head of the department and included in the budget for the department;
(3) All rules adopted by the board or commission shall be subject to the approval of the governor;
(4) The employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the board or commission shall be determined by the board or commission subject to the approval of the head of the department and to applicable personnel laws;
(5) All purchases of supplies, equipment, or furniture by the board or commission shall be subject to the approval of the head of the department;
(6) The head of the department shall have the power to allocate the space or spaces available to the department and which are to be occupied by the board or commission;
(7) Any quasi-judicial functions of the board or commission shall not be subject to the approval, review, or control of the head of the department; and
(8) Except as set forth hereinabove, the head of the department shall not have the power to supervise or control the board or commission in the exercise of its functions, duties, and powers.
(b) Every board or commission established or placed within a principal department for administrative purposes or subject to the administrative control or supervision of the head of the department shall be considered an arm of the State and shall enjoy the same sovereign immunity available to the State. [L Sp 1959 2d, c 1, §6; am L 1965, c 96, §140; Supp, §14A-4; HRS §26-35; am L 2004, c 16, §1; am L 2008, c 60, §2]
Cross References
Rulemaking procedure, see chapter 91.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26. Executive and Administrative Departments › 26-36 Acting members of boards.

§26-36 Acting members of boards.
The governor may appoint an acting member of any state board or commission to serve during the temporary absence from the State or the illness of any regular member thereof. The acting member shall, during the acting member's term of service, have the same powers and duties as the regular member. [L 1931, c 48, §1; RL 1935, §132; RL 1945, §481; RL 1955, §7-24; HRS §26-36; gen ch 1985]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26. Executive and Administrative Departments › 26-37 Substitutes for officials called into active service.

§26-37 Substitutes for officials called into active service.
The head of any department or bureau of the State may employ such temporary assistants, subordinates, or employees as may be necessary in case any such head or any assistants, subordinates, or employees are called into active service as members of the armed forces of the United States or of the national guard.
Any appointment or employment so made shall be only after consultation by the head of the department or bureau with the governor and only with the approval of the governor. [L 1917, c 151, § §1, 3; RL 1925, §170; RL 1935, §131; RL 1945, §480; RL 1955, §7-25; HRS §26-37]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26. Executive and Administrative Departments › 26-38 Powers and duties of heads of departments.

§26-38 Powers and duties of heads of departments.
Except as otherwise provided by this chapter, every power and duty conferred by law and required to be performed by any officer, board, department, bureau, commission, administrative agency, or instrumentality of the State existing immediately prior to November 25, 1959, shall hereafter be exercised and performed by the head of the respective department established by this chapter, whether the head of the department be a single executive, board, or commission.
Except as otherwise provided by this chapter, the head of a department may assign any function vested in his department to any subordinate officer or employee as he deems desirable. With the approval of the governor, the head of a department may establish or abolish within his department any division or other administrative unit to achieve economy and efficiency and in accord with sound administrative principles and practices and procedures.
The head of each department may prescribe regulations for the administration of his department, for the conduct of its employees, for the performance of its business, and for the custody, use and preservation of records, equipment, and other property pertaining thereto; provided that the regulations shall not be inconsistent with the requirements of chapters 76, 91, and 92, or rules promulgated by the governor, or other laws of the State. [L Sp 1959 2d, c 1, §7; am L 1965, c 96, §9; Supp, pt of §14A-5; HRS §26-38; am L 2002, c 148, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26. Executive and Administrative Departments › 26-39 Department staffs.

§26-39 Department staffs.
Except as otherwise provided by this chapter and with the approval of the governor, the head of a department may establish or abolish any subordinate office or position, transfer officers and employees between positions, appoint and remove any subordinate, and change the duties, titles, and compensation of offices and positions as is deemed necessary by the head of the department for the efficient functioning of the department, subject to the limitations of available appropriations and of the provisions of chapter 76.
All officers and employees within a department shall be under the supervision, direction and control of the head of the department, except as otherwise provided by this chapter. [L Sp 1959 2d, c 1, §8; Supp, §14A-6; HRS §26-39; am L 2000, c 253, §150]
Attorney General Opinions
Positions of chief of harbors division and chief of aeronautics division created under this section are covered by chapters 76 and 77. Att. Gen. Op. 62-27.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26. Executive and Administrative Departments › 26-41 Temporary boards and commissions.

§26-41 Temporary boards and commissions.
The governor may establish such temporary boards and commissions as the governor may deem necessary to gather information or furnish advice for the executive branch. The governor may prescribe their organization, functions and authority. A temporary board or commission shall not remain in existence for a term extending beyond the last day of the second regular session of the legislature after the date of its establishment or beyond the period required to receive federal grants-in-aid, whichever occurs later, unless extended by concurrent resolution of the legislature.
All members of temporary boards and commissions shall serve without pay, but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of duties and responsibilities. The reimbursement for expenses shall be made from the governor's contingent fund. [L Sp 1959 2d, c 1, §30; Supp, §14A-29; HRS §26-41; gen ch 1985]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26. Executive and Administrative Departments › 26-51 Governor; lieutenant governor.

§26-51 Governor; lieutenant governor.
Effective at noon on December 4, 2006, the salaries of the governor and the lieutenant governor shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salaries of the governor and lieutenant governor shall be as last recommended by the commission on salaries pursuant to section 26-56, unless rejected by the legislature. [L 1959, c 273, §3; am L 1962, c 28, §23; am L 1965, c 223, pt of §5; Supp, §4A-1; HRS §26-51; am L 1969, c 127, §1; am L 1975, c 58, §5; am L 1982, c 129, §1(1); am L 1986, c 128, §1(1); am L 1989, c 329, §1(1); am L 2003, c 122, §2; am L 2006, c 299, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26. Executive and Administrative Departments › 26-53 Deputies or assistants to department heads.

§26-53 Deputies or assistants to department heads.
Effective July 1, 2004, the salaries of deputies or assistants to the head of any department of the State, other than the department of education, shall be within the range or ranges for the specific positions as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries and specified by the appointing official, if appropriate, pursuant to section 26-56, unless rejected by the legislature. [L 1965, c 223, pt of §5; Supp, §4A-3; HRS §26-53; am L 1975, c 58, §7; am L 1982, c 129, §1(3); am L 1986, c 128, §1(3); am L 1989, c 329, §1(3); am L 2003, c 122, §4 and c 187, §2; am L 2006, c 299, §4]
Cross References
Nonapplicability to:
Administrative services manager of department of attorney general, see §28-7.5.
Special assistant to attorney general, see §28-8.5.
Special assistant to state librarian, see §312-2.2.
Salary of various department of education deputies and assistants, see §302A-621.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26. Executive and Administrative Departments › 26-54 Administrative director of the State.

§26-54 Administrative director of the State.
Effective July 1, 2004, the salary of the administrative director of the State shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salary of the administrative director of the State shall be as last recommended by the commission on salaries pursuant to section 26-56, unless rejected by the legislature. [L 1965, c 223, pt of §5; Supp, §4A-4; HRS §26-54; am L 1969, c 127, §3; am L 1975, c 58, §8; am L 1982, c 129, §1(4); am L 1986, c 128, §1(4); am L 1989, c 329, §1(4); am L 2003, c 122, §5; am L 2006, c 299, §5]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26. Executive and Administrative Departments › 26-61 Benchmarks; duties.

Note
Part effective July 1, 2024.
§26-61 Benchmarks; duties.
[See Note at part heading.]
(a) The department of human services and the executive office on early learning shall ensure access to learning through preschool programs that meet or exceed the following benchmarks:
(1) Fifty per cent of all otherwise unserved children who are three to four years of age, or will not be at least five years of age on or before July 31 of the current school year, shall have access to enrollment in a preschool program by December 31, 2027; and
(2) One hundred per cent of all children who are three to four years of age, or will not be at least five years of age on or before July 31 of the current school year, shall have access to enrollment in a preschool program by December 31, 2032.
The department of human services and the executive office on early learning shall submit an annual report to the legislature, no later than August 31 of each year, on the progress toward achieving the benchmarks until all children who are three to four years of age, or will not be at least five years of age on or before July 31 of the current school year, are enrolled in a preschool program.
(b) The department of human services and the executive office on early learning shall collaborate to identify the need for child care and early learning in geographic regions of the State and consider using public facilities including schools, libraries, and the University of Hawaii system as locations for child care and early learning programs.
(c) The department of human services shall work jointly with the executive office on early learning to monitor the progress of implementing the early care and education sector programs. No later than twenty days prior to the convening of the regular sessions of 2025, 2026, and 2027, the department of human services and the executive office on early learning shall submit to the legislature a joint report on the progress of implementing the early care and education sector programs.
(d) The department of human services shall facilitate and support data sharing among public and private entities to the extent not otherwise prohibited by law or rule. [L 2020, c 46, §12; am L 2021, c 210, §9(3)]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26H. Hawaii Regulatory Licensing Reform Act › 26H-2 Policy.

§
26H-2 Policy.
The legislature hereby adopts the following policies regarding the regulation of certain professions and vocations:
(1) The regulation and licensing of professions and vocations shall be undertaken only where reasonably necessary to protect the health, safety, or welfare of consumers of the services; the purpose of regulation shall be the protection of the public welfare and not that of the regulated profession or vocation;
(2) Regulation in the form of full licensure or other restrictions on certain professions or vocations shall be retained or adopted when the health, safety, or welfare of the consumer may be jeopardized by the nature of the service offered by the provider;
(3) Evidence of abuses by providers of the service shall be accorded great weight in determining whether regulation is desirable;
(4) Professional and vocational regulations which artificially increase the costs of goods and services to the consumer shall be avoided except in those cases where the legislature determines that this cost is exceeded by the potential danger to the consumer;
(5) Professional and vocational regulations shall be eliminated when the legislature determines that they have no further benefits to consumers;
(6) Regulation shall not unreasonably restrict entry into professions and vocations by all qualified persons; and
(7) Fees for regulation and licensure shall be imposed for all vocations and professions subject to regulation; provided that the aggregate of the fees for any given regulatory program shall not be less than the full cost of administering that program. [L 1977, c 70, pt of §2; am L 1980, c 142, §1; am L 1996, c 45, §1]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26H. Hawaii Regulatory Licensing Reform Act › 26H-2.5 Impact of inclusion.

§26H-2.5 Impact of inclusion.
The inclusion of any regulatory program into the provisions of this chapter shall not be held to confer any regulatory authority or jurisdiction on any department which does not otherwise have jurisdiction. In particular, the department of commerce and consumer affairs shall not be conferred any authority or jurisdiction not directly conferred by assignment of a regulatory measure to that department. [L 1990, c 166, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26H. Hawaii Regulatory Licensing Reform Act › 26H-3 Definitions.

§
26H-3 Definitions.
As used in this chapter:
"Director" means the director of commerce and consumer affairs.
"Repeal date" means the effective date of repeal established for various chapters by section 26H-4. [L 1977, c 70, pt of §2; am L 1979, c 121, §1; am L 1982, c 204, §8; am L 1983, c 124, §17]
Revision Note
Numeric designations deleted.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26H. Hawaii Regulatory Licensing Reform Act › 26H-4 OLD REPEALED. §26H-4 Repeal dates for newly enacted professional and vocational regulatory programs.

§26H-4 OLD REPEALED.
L 1982, c 110, §1.
§26H-4 Repeal dates for newly enacted professional and vocational regulatory programs.
(a) Any professional or vocational regulatory program enacted after January 1, 1994, and listed in this section shall be repealed as specified in this section. The auditor shall perform an evaluation of the program, pursuant to section 26H-5, prior to its repeal date.
(b) Chapter 466L (appraisal management companies) shall be repealed on June 30, 2023.
(c) Chapter 457J (midwives) shall be repealed on June 30, 2025. [L 1994, c 279, §3; am L 1996, c 202, §1; am L 1998, c 100, §3 and c 159, §3; am L 2000, c 225, §2; am L 2002, c 260, §3; am L 2003, c 97, §2; am L 2004, c 209, §3; am L 2008, c 206, §1; am L 2010, c 178, §3; am L 2012, c 198, §3; am L 2015, c 199, §3; am L 2016, c 14, §2; am L 2017, c 118, §4; am L 2018, c 58, §2; am L 2019, c 32, §3; am L 2021, c 80, §2]
Revision Note
The source notes for this section begin with L 1994, c 279, §3 which replaced the contents of this section in its entirety.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26H. Hawaii Regulatory Licensing Reform Act › 26H-6 New regulatory measures.

§
26H-6 New regulatory measures.
New regulatory measures being considered for enactment that, if enacted, would subject unregulated professions and vocations to licensing or other regulatory controls shall be referred to the auditor for analysis. Referral shall be by concurrent resolution that identifies a specific legislative bill to be analyzed. The analysis required by this section shall set forth the probable effects of the proposed regulatory measure and assess whether its enactment is consistent with the policies set forth in section 26H-2. The analysis also shall assess alternative forms of regulation. The auditor shall submit each report of analysis to the legislature. [L 1977, c 70, pt of §2; am L 1979, c 121, §3; am L 1984, c 156, §2; am L 1996, c 270, §3]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 26H. Hawaii Regulatory Licensing Reform Act › 26H-7 Repeal of subsections.

§
26H-7 Repeal of subsections.
Any subsection of section 26H-2 may be repealed or amended and such action shall not affect other provisions or applications of this chapter. [L 1977, c 70, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-1 Functions of statewide concern.

§27-1 Functions of statewide concern.
The purpose of the chapter is to fix responsibility for certain functions, which are of statewide concern, in the state government. These functions which are declared to be state functions are as follows:
(1) Planning, construction, improvement and maintenance of public school facilities and grounds and the transportation of school children; provided that nothing in this paragraph shall preclude the several counties from expending their own funds to supplement state funds;
(2) Burial of indigents;
(3) Planning, construction, improvement, maintenance, and operation of public hospitals and other public health and medical facilities;
(4) Rendering of medical treatment and hospitalization services to state and county pensioners;
(5) Administration and operation of district courts; and
(6) Providing information and services to the public through joint cooperation with the several counties. [L 1965, c 97, §2; Supp, §14B-1; HRS §27-1; am L 1968, c 38, §2; am L 1975, c 150, §2]
Case Notes
Cited re allowing counties to supplement education funds. 411 U.S. 1.
Paragraph (1) is unconstitutional to extent it authorizes appropriations for transportation of nonpublic school children. 51 H. 1, 449 P.2d 130.
Cited: 56 H. 582, 545 P.2d 684.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-2 Assignment of functions by governor; report.

§27-2 Assignment of functions by governor; report.
The governor may assign the functions in section 27-1, except the administration and operation of district courts, to such respective department or departments as can most appropriately and effectively perform the functions. [L 1965, c 97, §2; Supp, §14B-2; HRS §27-2]
Cross References
Transfer of district courts to the judiciary branch, see L 1965, c 97, §21.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-3 Rights and powers transferred; bond obligations.

§27-3 Rights and powers transferred; bond obligations.
The state department to which functions have been assigned by the governor shall succeed to all the rights and powers exercised, and all of the duties and obligations incurred by the counties in the exercise of the functions transferred, whether the powers, duties, and obligations are mentioned in or granted by any law, contract, or other document; provided that the counties shall not be relieved of their obligation of paying the interest and principal on bonds which have been issued for improvements related to the functions set forth above. Except as provided herein, all references to a county, in any law, contract, or document in connection with the functions assigned to the State by this chapter shall apply to the state government or respective state department as the case may be as if it were specifically named in the law, contract, or document in place of the county or any agency thereof. [L 1965, c 97, §4; Supp, §14B-4; HRS §27-3]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-4 Offenses and penalties not affected; suits and actions.

§27-4 Offenses and penalties not affected; suits and actions.
No offense committed and no penalty or forfeiture incurred under the laws of the State or any county ordinance or rule or regulation shall be affected by the assignment of functions to the State by this chapter; provided that whenever any punishment, penalty, or forfeiture is mitigated by any provision of this chapter, such provision may be extended and applied to any judgment pronounced after May 29, 1965. No suit or prosecution, pending at the time this chapter takes effect, shall be affected by this chapter. The right of any administrative officer of the county to institute proceedings for prosecution for an offense or any action to recover a penalty or forfeiture shall henceforth be vested in the head of the state department to which the function has been assigned by the governor or some person designated by the head of the department or the governor or as may be otherwise directed by law.
The right of appeal from administrative actions or determinations as provided by law shall not be impaired by this chapter.
Whenever a right of appeal from administrative actions or determinations is provided by law to any county for functions which are assigned to the State, the right of appeal shall lie to or from the state department to which the assignment of function has been made. The right of appeal shall exist to the same extent and in accordance with the procedure as immediately prior to July 1, 1965. [L 1965, c 97, §6; Supp, §14B-5; HRS §27-4]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-5 Modification to preserve federal aid or bond obligations.

§27-5 Modification to preserve federal aid or bond obligations.
The governor may, only to the extent necessary to preserve the receipt of any federal aid and not to impair the obligation of the State or counties to the holders of any bonds issued by the State or counties, modify the strict provisions of this chapter and shall promptly report any such modification with the governor's reasons therefor to the succeeding legislature for review. [L 1965, c 97, §7; Supp, §14B-6; HRS §27-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-6 Extended state information and services provided.

§27-6 Extended state information and services provided.
The office of the governor shall receive and review requests from state agencies for providing information and services to the public. Upon determination of needed extension services, the office shall solicit the aid and cooperation of the counties. Joint efforts will be made to use existing state and county facilities, and to create new facilities if necessary. [L 1975, c 150, §3]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-9 Public employee parking facilities.

§27-9 Public employee parking facilities.
(a) The department of accounting and general services, in collaboration with the department of transportation, shall develop, implement, administer, and manage a program to allow two or more public employees of the State to share the cost of a parking stall and allow multiple cars to use that stall as appropriate; provided that the total cost for sharing a parking stall between two or more employees shall not exceed the cost of any one stall for any one employee.
(b) The department of accounting and general services, in collaboration with the department of transportation, shall develop, implement, administer, and manage a pilot project to provide a reasonable number of secure, enclosed bicycle storage lockers at two facilities where vehicle parking is made available to public employees of the State by the department of accounting and general services; provided that the employee cost of secure storage of a bicycle in an enclosed locker shall not exceed twenty per cent of the cost of a vehicle parking stall. [L 2023, c 202, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-11 Planning, construction, and improvements of public school facilities and grounds; custodial and janitorial services for public schools; transportation of school children.

Cross References
Department of education generally, see chapter 302A.
§27-11 Planning, construction, and improvements of public school facilities and grounds; custodial and janitorial services for public schools; transportation of school children.
The following functions and services, heretofore performed by the several counties under contractual arrangements with the State, shall be directly administered and performed by the department or departments, or divisions of government designated by the governor:
(1) Planning, construction, and improvements of public school facilities and grounds; provided that the department of education shall add to its list of considerations in the planning and development of schools the role of the Hawaii public housing authority in developing housing projects and the resulting educational needs of those housing projects; and provided further that nothing in this section shall be construed to prohibit the Hawaii public housing authority from planning educational facilities and related infrastructure as a necessary and integral part of its housing projects;
(2) Repair, maintenance, custodial, and janitorial services for public school facilities; and
(3) Transportation of school children. [L 1967, c 203, §2; HRS §27-11; am L 1995, c 210, §2; am L 1997, c 350, §14; am L 2005, c 196, §26(a); am L 2006, c 180, §16]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-14 Transfer of real property.

§27-14 Transfer of real property.
No real property or improvements thereon belonging to the several counties and used in the performance of the functions and services covered in this part shall be required to be conveyed to the State; provided that any real property and improvements related and necessary to the performance of the duties covered in section 27-11 shall be reported to the next succeeding legislature by the appropriate department which shall include in the report thereof recommendations for the disposition of the real property and improvements. [L 1967, c 203, §5; HRS §27-14]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-21.4 Transfer of real property.

§27-21.4 Transfer of real property.
The several counties shall convey to the State all of their respective interests in and to any real property and the improvements used in the functional areas covered by section 27-21.1 and which are directly related to and necessary for the operation and maintenance thereof. The conveyances shall be without cost to the State or reimbursement to the county, and without compliance with disposal procedures or requirements, any law to the contrary notwithstanding.
If within a period of ten years after January 1, 1970, any of the real property so transferred is abandoned or ceases to be used for purpose stated in the preceding paragraph, the board of land and natural resources shall by resolution declaring such abandonment or cessation as to any of the real property conveyed hereunder or any portion thereof, reconvey such realty or portion to the county from which it had originally been transferred. The provisions of this paragraph shall not apply to state lands that had been set aside for use by the county, or to real property where the major portion of the cost of the land or improvements was financed by state funds. [L 1969, c 265, §4]
Note
Section 27-21.1 referred to in text is repealed.
Revision Note
"January 1, 1970" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-21.6 Functions reassigned to the counties.

§27-21.6 Functions reassigned to the counties.
The following functions are hereby reassigned to the several counties:
(1) The medical care of inmates of county jails;
(2) The rendering of medical investigatory services requested by the police;
(3) Physical examinations of employees to the extent that such functions had been performed immediately prior to the adoption of Act 97, Session Laws of Hawaii 1965;
(4) The care and treatment of county workers' compensation cases to the extent that such functions had been performed immediately prior to the adoption of Act 97, Session Laws of Hawaii 1965; and
(5) The regulation of the design, construction, and operation of individual wastewater systems and private wastewater treatment works; provided that:
(A) The transfer of this function to each county shall take place on the date that the expenditure of start-up funds is made by the State to such county for this purpose; and
(B) The counties shall approve the installation and use of composting toilets in areas that are inaccessible to municipal wastewater systems. As used in this subparagraph, "composting toilet" means a toilet that uses no water or very little water and uses natural processes to treat waste. [L 1969, c 265, §6; am L 1975, c 41, §1; am L 1978, c 148, §3; am L 1985, c 282, §1; am L 2015, c 187, §2; am L 2016, c 239, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-22, 22.5, 22.7, 23, 24 REPEALED.

§ §27-22, 22.5, 22.7, 23, 24 REPEALED.
L 1989, c 327, § §5 to 9.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-26 Junior police officer training programs.

§27-26 Junior police officer training programs.
The State shall appropriate funds to facilitate the training programs of the several junior police organizations, and shall make adequate provisions by procuring insurance and assuming liability on the part of the State therefor, for the medical care and hospitalization of children who may be injured, for the defrayment of funeral expenses and for the death of children dying from injuries received, and for the protection against public liability, while performing duty as junior police officers and in all other activities certified as proper junior police functions by the police departments of the several counties, as follows:
The cost of medical care and hospitalization of any child so injured will be met in a sum not to exceed $20,000 and the funeral expenses of any child dying from injuries received while performing such duty will be met in a sum not to exceed $1,500. A death benefit in the principal sum of $5,000 shall be awarded to the legal guardian, parents, or designated beneficiary or beneficiaries of the child whose death was caused by reason of participation in junior police activities.
The State shall procure insurance to protect any child participating in the junior police program from claims for damages arising or resulting from the child's activities as a junior officer in an amount not to exceed $100,000 for each claim or cause of action. This protection for legal liability shall inure to the benefit of the legal guardian or parents of the child in the event they are named as parties to the action.
The right of the child or of any other person lawfully claiming damages by reason of injuries to, or death of the child, shall in nowise be affected by this section. [L 1967, c 203, §9; HRS §27-26; am L 1973, c 151, §1; gen ch 1985]
Cross References
Police departments, generally, see chapter 52D.
Attorney General Opinions
Coverage is limited to JPO's in public schools; to extend coverage to nonpublic schools would violate state constitution. Att. Gen. Op. 73-15.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-31 Maintenance of state highways.

§27-31 Maintenance of state highways.
Notwithstanding any law to the contrary, the governor may enter into contracts with the several counties for their services in the repair and maintenance of state highways, which may include roadway maintenance, structures maintenance, streetlights, street sweeping, landscaping, and cantoneering. In addition thereto, the governor may transfer functions covered herein, or any portion thereof, to the several counties; provided that any transfer of functions made under their authorization shall be temporary and shall be subject to the express approval of the next succeeding legislature. [L 1967, c 203, §10; HRS §27-31]
Cross References
Highways generally, see chapter 264.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-32 Maintenance of state parks.

§27-32 Maintenance of state parks.
Notwithstanding any law to the contrary, the governor may enter into contracts with the several counties for their services in the repair, maintenance, and operation of the buildings and grounds of state parks and historical sites. In addition thereto, the governor may transfer functions covered herein, or any portion thereof, to the several counties; provided that any transfer of functions made under this authorization shall be temporary and shall be subject to the express approval of the next succeeding legislature. [L 1967, c 203, §11; HRS §27-32]
Cross References
Historical sites, see chapter 6E.
Parks, see chapter 184.
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-41 Special advisor for technology development.

§27-41 Special advisor for technology development.
(a) There is established within the office of the governor a special advisor for technology development to be appointed by the governor as provided in section 26-34.
(b) The duties of the special advisor shall include but not be limited to:
(1) Developing, coordinating, and implementing short- and long-range state policies and directions to enhance the development of high technology industries in Hawaii;
(2) Coordinating all state high technology agencies while developing a plan for reorganization or consolidation of these agencies in the interests of greater efficiency and cost effectiveness;
(3) Advising the private sector in the development of high technology activities and resources and providing technical or other assistance to private industry upon request;
(4) Creating, disseminating, and updating a listing of all high technology assistance programs in the State and where they can be reached;
(5) Pursuing appropriate public-private sector business partnerships;
(6) Coordinating the State's promotion and marketing of the high technology industry, including a review of current marketing efforts;
(7) Arranging for the conduct of research through contractual services with the University of Hawaii or any agency or other qualified persons;
(8) Encouraging the development of educational, training, and career programs in high technology industries; and
(9) Performing other necessary or desirable functions to facilitate the intent of this section.
(c) In carrying out the duties of this section, the special advisor for technology development may utilize the services of the State's high technology agencies, including those of the University of Hawaii, as appropriate.
(d) In carrying out the duties of this section, the special advisor for technology development shall seek and utilize any available funding sources, including grant moneys. [L 1999, c 178, pt of §3]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-41.1 Definitions.

§27-41.1 Definitions.
For purposes of this part:
"Data" means final versions of statistical or factual information:
(1) In alphanumeric form reflected in a list, table, graph, chart, or other nonnarrative form, that can be digitally transmitted or processed; and
(2) Regularly created or maintained by or on behalf of and owned by an executive branch department that records a measurement, transaction, or determination related to the mission of that executive branch department.
"Data set" means a named collection of related records on an electronic storage device, with the collection containing individual data units organized or formatted in a specific and prescribed way, often in tabular form, and accessed by a specific access method that is based on the data set organization; provided that a data set shall not include any data that is protected from disclosure under applicable federal or state law, or contract, or data that is proprietary. [L 2013, c 263, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-43.5 Additional duties of the chief information officer relating to security of government information.

§27-43.5 Additional duties of the chief information officer relating to security of government information.
(a) The chief information officer shall provide for periodic security audits of all executive branch departments and agencies regarding the protection of government information and data communication infrastructure.
(b) Security audits may include on-site audits as well as reviews of all written security procedures and documented practices. The chief information officer may contract with a private firm or firms that specialize in conducting security audits; provided that information protected from disclosure by federal or state law, including confidential tax information, shall not be disclosed. All executive branch departments, agencies, boards, or commissions subject to the security audits authorized by this section shall fully cooperate with the entity designated to perform the audit. The chief information officer may direct specific remedial actions to mitigate findings of insufficient administrative, technical, and physical controls necessary to protect state government information or data communication infrastructure.
(c) This section shall not infringe upon responsibilities assigned to the comptroller or the auditor by any state or federal law. [L 2013, c 265, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-43.6 Additional duties of the chief information officer relating to independent verification and validation of information technology projects of the executive branch.

§27-43.6 Additional duties of the chief information officer relating to independent verification and validation of information technology projects of the executive branch.
(a) The chief information officer shall identify the information technology projects of the executive branch, including those of the department of education and the University of Hawaii, that shall be subject to independent verification and validation.
(b) If the chief information officer identifies an information technology project for independent verification and validation, the sponsoring department or agency shall cooperate with the chief information officer and the independent verification and validation contractor during the independent verification and validation process.
(c) The chief information officer shall require all independent verification and validation reports to be submitted to the chief information officer.
(d) The chief information officer shall submit each independent verification and validation report to the legislature within ten days of receiving the report.
(e) As used in this section, "independent verification and validation of an information technology project" means a rigorous independent process that evaluates the correctness and quality of the business product of the project to ensure that the product is being developed in accordance with customer requirements and well-engineered. [L 2017, c 37, §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-44.1 State liability for data sets.

§27-44.1 State liability for data sets.
Data sets shall be available for informational purposes only. The State does not warrant the fitness of any data set for a particular purpose and shall not be liable for any deficiencies in the completeness or accuracy of any data set, except where the State's conduct would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct. [L 2013, c 263, pt of §2]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-44.2 Data set licensing.

§27-44.2 Data set licensing.
The chief data officer may make the departments' electronic data sets on data.hawaii.gov or a successor website designated by the chief data officer available to third parties pursuant to a license that may require the licensee to allow any user to copy, distribute, display, or create derivative works at no cost and with an appropriate level of conditions placed on the use. [L 2013, c 263, pt of §2; am L 2022, c 167, §3]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-44.3 Data set policies and procedures.

§27-44.3 Data set policies and procedures.
(a) The chief data officer, in consultation with the data task force and the office of information practices, shall develop policies and procedures to implement section 27-44, including standards to determine the data sets that are appropriate for online disclosure as provided in section 27-44 and the data set format standards to be used by all agencies in making their data sets available; provided that the standards shall not require the departments to post information that is otherwise required to be disclosed under chapter 92F, but is personally identifiable information, information that may pose a personal or public security risk, is of minimal public interest, or is otherwise inappropriate for online disclosure as part of a data set.
(b) The policy and procedures shall include the following:
(1) Technical requirements with the goal of making data sets available to the greatest number of users and for the greatest number of applications, including whenever practicable, the use of machine readable, nonproprietary technical standards for web publishing; and
(2) Guidelines for departments to follow in making data sets available. [L 2013, c 263, pt of §2; am L 2022, c 167, §4]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-51 Hawaii performance partnerships board; establishment.

§27-51 Hawaii performance partnerships board; establishment.
(a) There is established within the office of the governor, on a special and temporary basis, the Hawaii performance partnerships board.
(b) The board shall consist of the following nine members who shall be appointed by the governor in accordance with section 26-34:
(1) Three members representing business;
(2) Three members representing philanthropy; and
(3) Three members representing government.
(c) Members shall serve for five-year terms, except for appointed state officials, who shall serve for the length of their appointments.
(d) The members of the board shall serve without compensation and without reimbursement for expenses, including travel expenses.
(e) The governor shall designate a chairperson from among the members of the board. [L 1999, c 160, §13]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-52 Duties of the board.

§27-52 Duties of the board.
The board shall:
(1) Propose key community outcomes of well-being for the residents of the State to the legislature, and report to the legislature and the citizens of Hawaii on progress in attaining the outcomes adopted by the legislature;
(2) Execute an agreement between the federal government, the state executive branch, and representatives of philanthropy and community service organizations to encourage intergovernmental partnerships with federal agencies and state, county, and community organizations for the purpose of measuring results in exchange for fiscal and regulatory flexibility in achieved shared goals;
(3) Increase the use of performance measurement initiatives in each state agency through the governor's cabinet; and
(4) Increase the number of performance partnerships between federal, state, county, and community-based agencies through the governor's cabinet. [L 1999, c 160, §14]
2023 Hawaii Revised Statutes › Title 4. State Organization and Administration, Generally › 27. State Functions and Responsibilities › 27-54 Data collection relating to the well-being of Hawaii's children and families.

§27-54 Data collection relating to the well-being of Hawaii's children and families.
(a) The Hawaii performance partnerships board with the assistance of the center on the family at the University of Hawaii at Manoa, shall establish key indicators and data sets relevant to the health, education, and socioeconomic well-being of Hawaii's children and families.
(b) The Hawaii performance partnerships board may request and shall receive from every department, division, board, bureau, commission, or other agency of the State and its political subdivisions, cooperation and assistance in the performance of its duties relating to results and performance accountability, decision-making, and budgeting. [L 2001, c 274, §1]
Revision Note
Section was enacted as an addition to chapter 304 but is renumbered to this chapter pursuant to §23G-15.
Cross References
Departmental data sharing, see §27-7.