reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-3 Establishment of the board of individual claims resolution.

§674-3 Establishment of the board of individual claims resolution.
There shall be a Hawaiian home lands trust individual claims review panel to be composed of five members and appointed as follows: the chairperson shall be appointed by the governor and shall be a former federal or state court judge, where possible, or an attorney licensed to practice law in the courts of the State. The governor shall appoint the remaining four members, all of whom shall be from nominations submitted by native Hawaiian organizations as defined in section 673-2. No more than two of the members shall be residents of the same island.
All of these appointments shall be subject to senatorial confirmation. The panel shall be placed within the department of commerce and consumer affairs for administrative purposes. [L 1991, c 323, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-4 Tenure and compensation of members.

§674-4 Tenure and compensation of members.
The term of office of each member of the panel shall be until December 31, 1999. Any member appointed to fill a vacancy shall be appointed by the governor for the remainder of the term. A vacancy in the panel shall not affect its powers.
Each member of the panel shall be compensated at the rate of $100 per day for each day's actual attendance to the member's duties; provided that the compensation shall not exceed a maximum of $10,000 per year. The members of the panel shall be paid their necessary traveling and subsistence expenses incurred in the discharge of their duties. Expenses incurred under this section shall be paid by the department of commerce and consumer affairs. [L 1991, c 323, pt of §1; am L 1993, c 351, §2; am L 1997, c 382, §4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-5 Panel staff; power to contract.

§674-5 Panel staff; power to contract.
(a) Supervisory, administrative, investigatory, hearings, and clerical personnel necessary for the efficient functioning of the panel shall be appointed by the panel and the director of commerce and consumer affairs on a temporary exempt basis. There shall be a special assistant to the chairperson of the Hawaiian homes commission, to be hired by the commission, for the purposes of this chapter.
(b) Upon application by a claimant, the panel, under appropriate circumstances and in accordance with section 28-8.3, may provide for legal services to assist a claimant in the preparation and presentation of a claim for review by the panel under this chapter.
(c) The panel shall have the power to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter. [L 1991, c 323, pt of §1; am L 1993, c 351, §3; am L Sp 1993, c 8, §53; am L 2015, c 35, §39]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-6 Rulemaking powers.

§674-6 Rulemaking powers.
The panel shall adopt rules in accordance with chapter 91 prescribing the procedures to be followed in the filing of
claims and in the proceedings for review of claims under this chapter, and any other rules as the panel deems necessary to carry out the purposes of this chapter. [L 1991, c 323, pt of §1; am L 1993, c 351, §4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-7 Review by panel required.

§674-7 Review by panel required.
Any individual beneficiary under the trust claiming actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and which was caused by an act or omission of an employee of the State in the management and disposition of trust resources under the trust, shall file a claim therefor for review by the panel no later than August 31, 1995, or shall forever be barred. [L 1991, c 323, pt of §1; am L 1993, c 351, §5]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-8 Powers and procedures of the panel.

§674-8 Powers and procedures of the panel.
(a) The panel may hold hearings or such other proceedings as it deems necessary, sit and act at such times and places, and take such testimony as the panel deems advisable. The panel shall fix a time and place for hearings or other proceedings on such claim and shall cause notice thereof to be given to the claimant, the department and commission. The panel may, for good cause, allow claims to be consolidated for review.
(b) A majority of all members to which the panel is entitled, which shall include the chairperson, shall constitute a quorum for the panel to meet and review any claim, and the concurrence of a majority of all the members to which the panel is entitled shall be necessary for any findings and advisory opinion issued by the panel to be valid.
(c) Any member of the panel may administer oaths or affirmations to witnesses appearing before the panel. The panel shall have powers of subpoena and compulsion of attendance of witnesses and production of documents and of examination of witnesses as are conferred upon a circuit court. Subpoenas shall be issued under the signature of the chairperson or any person designated by the chairperson. The circuit court of any circuit in which a subpoena is issued or served or in which the attendance or production is required, upon the application of the panel, may enforce the attendance and testimony of any witness and the production of any document so subpoenaed. Subpoena and witness fees and mileage shall be the same as in the circuit courts, and shall be payable from funds appropriated for expenses of administration. Notwithstanding such provisions, the panel shall attempt to secure the voluntary appearance, testimony and cooperation of parties, witnesses and other persons appearing before the panel without coercion.
(d) The panel may appoint a hearings officer or officers, not subject to chapter 76, to hear any claims and render recommended findings. The hearings officer or officers shall have the same authority as the panel in conducting hearings or proceedings under this chapter. The recommended findings of the hearings officer or officers shall be subject to review and redetermination by the panel.
(e) Upon written acceptance by a claimant or an acceptance as provided in section 674-17, the panel shall disburse any compensation awarded by the legislature and undertake such other action as may be provided by law. [L 1991, c 323, pt of §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-9 Panel hearing or review proceedings; fact-finding; evidence.

§674-9
Panel hearing or review proceedings; fact-finding; evidence.
No persons other than the panel or hearings officer, the claimant, representatives of the concerned state agency, legal counsel, witnesses, and persons called by the panel to assist in its review, shall be present during any hearing or other proceedings conducted by the panel, except with the permission of the chairperson. For every claim filed, the department shall be notified and shall be entitled to be present during any hearing or other proceeding conducted by the panel. The panel may, in its discretion, conduct an inquiry of a party, witness, or any other person without the presence of any or all parties.
All proceedings shall be informal. Except as otherwise provided in this chapter, chapters 91 and 92 shall not apply. For the purpose of this chapter, the panel shall prepare a record of each claim. The record shall include:
(1) All correspondence, pleadings, motions, and rulings;
(2) Evidence received or considered, including oral or written testimony, exhibits, and a statement of any matters officially noticed;
(3) Offers of proof and rulings thereon;
(4) Proposed findings and exceptions;
(5) Staff memoranda, including investigative reports, submitted to members of the panel in connection with their review of the claim;
(6) Recommended or proposed findings of the hearings officer who presided at the hearing; and
(7) The panel findings and advisory opinion.
No matters outside the record shall be considered by the panel in reviewing and evaluating a claim. Unless otherwise provided by chapter 92F, the record of each claim shall be public and open for public inspection, except that staff memoranda, including investigative reports, shall be confidential and shall be made public only after a hearing has been held on the claim pursuant to the panel's rules. At the discretion of the panel, staff memoranda, including investigative reports, may be disclosed to the parties prior to a hearing on the claim. Any party to whom a staff memorandum or investigative report is disclosed shall maintain its confidentiality and may make public its contents only after a hearing has been held on the claim.
The panel may require a stenographic record of all or part of its proceedings for the use of the panel, but the stenographic record shall not be made available to the parties. The panel may receive any oral or documentary evidence, or any matter that, in the opinion of the panel, may contribute to its function under this chapter, whether or not the statement, document, information or matter would be admissible in a court of law. Questioning of parties, and witnesses may be conducted by the panel, and the panel may, in its discretion, permit any party, or any counsel for a party to question other parties, witnesses, or other persons appearing before the panel. Discovery by the parties shall not be allowed. [L 1991, c 323, pt of §1; am L 1993, c 351, §6]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-10 Findings and advisory opinion.

§674-10 Findings and advisory opinion.
(a) The panel shall prepare findings and an advisory opinion concerning the probable merits of a claim, probable award of compensation, or recommended corrective action by the State.
(b) The findings and advisory opinion shall be signed by all members of the panel; provided that any member of the panel may file a written concurring or dissenting advisory opinion.
(c) The advisory opinion of the panel rendered on each claim shall be incorporated in the reports required by section 674-14 for submission to the legislature. [L 1991, c 323, pt of §1; am L 1993, c 351, §7]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-11 Subsequent litigation; excluded evidence.

§674-11 Subsequent litigation; excluded evidence.
No
statement made in the course of any investigation, hearing, or review
proceedings of the panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any legal proceeding. No opinion, conclusion, finding, or recommendation of the panel on the issue of liability, or on the issue of compensation, or corrective action shall be admitted into evidence in any legal proceeding, nor shall any party to the panel hearing, or the counsel, or other
representative of the party, refer to or comment thereon in any opening statement, any argument, or at any other time, to any court or jury. [L 1991, c 323, pt of §1; am L 1993, c 351, §8]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-12 Immunity of panel members from liability.

§674-12 Immunity of panel members from liability.
No member of the panel shall be liable in damages for libel, slander, or other defamation of character of any party to a panel proceeding for any action taken or any opinion, conclusion, finding, or recommendation made by a panel member while acting within the member's capacity as a member of the panel under this chapter. [L 1991, c 323, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-13 Legal adviser.

§674-13 Legal adviser.
The panel, in accordance with section 28-8.3, shall obtain its own legal counsel to provide legal services necessary to implement the purposes of this chapter. [L 1991, c 323, pt of §1; am L Sp 1993, c 8, §53; am L 2015, c 35, §40]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-14 Annual report.

§674-14 Annual report.
The panel shall prepare a report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening of the regular session of 1998, and a final report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening of the regular session of 1999, which summarizes its activities in furtherance of this chapter, and shall include a summary of each claim brought before the panel, the panel's findings and advisory opinion regarding the merits of each claim, and an estimate of the probable compensation or recommended corrective action by the State, for action by the legislature in regular session. [L 1991, c 323, pt of §1; am L 1993, c 351, §9; am L 1997, c 382, §5]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-15 Limitations upon award of compensation or corrective action.

§674-15 Limitations upon award of compensation or corrective action.
No claim shall be made under this chapter for which a remedy was or is provided elsewhere under the laws of this State, which is or was the subject of pending or prior litigation, or which is predicated, in whole or in part, on an act or omission which occurred prior to August 21, 1959. [L 1991, c 323, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-15.5 Preclusion of title-related claims.

§674-15.5 Preclusion of title-related claims.
Nothing in this chapter shall be construed to affect title, or conveyance of title, or place a cloud upon title, to any lands in the State, including but not limited to lands which were, are, or may have been Hawaiian home lands. [L Sp 1995, c 14, §16]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-16 Waiver of immunity.

§674-16 Waiver of immunity.
(a) The State waives its immunity from liability for actual damages suffered by an individual beneficiary arising out of or resulting from a breach of trust or fiduciary duty, which occurred between August 21, 1959, to June 30, 1988, and was caused by an act or omission of an employee of the State in the management and disposition of trust resources.
(b) This waiver shall not apply to the following:
(1) Any claim for which a remedy was or is provided elsewhere in or under the laws of the State;
(2) Any claim which was or is the subject of prior or pending litigation; or
(3) Any claim predicated, in whole or in part, upon any act or omission which occurred prior to August 21, 1959. [L 1991, c 323, pt of §1; am L 1993, c 351, §10]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-17 Right to sue, individual claims.

§674-17 Right to sue, individual claims.
(a) An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the State for recovery of actual damages suffered by the claimant arising out of or resulting from a breach of trust which occurred between August 21, 1959, to June 30, 1988; provided that no action shall be filed until after October 1, 1997.
(b) "Aggrieved individual claimant", as used in this section, means an individual claimant whose claim was reviewed by the panel under this chapter and who has filed, no later than October 1, 1999, a written notice with the panel that the claimant does not accept the action taken by the legislature in regular session upon the claim. Any claimant who fails to file a written notice rejecting the action of the legislature upon the claim shall be deemed to have accepted the action taken by the legislature. [L 1991, c 323, pt of §1; am L 1993, c 351, §11; am L 1997, c 382, §6]
Case Notes
Where plaintiffs, having received no affirmative legislative action by the notice-filing deadline, acted properly to preserve their rights by (1) timely submitting the required written notice rejecting the legislature's action, i.e., deferral that effectively denied all claims, and (2) filing suit before the corresponding deadline, the conditions of panel "review" and legislative "action" as set forth in the definition of "aggrieved individual claimant" under this section were met. 111 H. 84, 137 P.3d 990 (2006).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-19 Limitation on actions.

§674-19 Limitation on actions.
Every claim cognizable under this part shall forever be barred unless the action is commenced by December 31, 1999. [L 1991, c 323, pt of §1; am L 1993, c 351, §12; am L Sp 1995, c 14, §15; am L 1997, c 382, §7]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-20 No implied liability or award.

§674-20 No implied liability or award.
In no case shall any liability be implied against the State, and no award shall be made against the State on any claim brought under this part except upon legal evidence that would establish liability against an individual or corporation. [L 1991, c 323, pt of §1; am L 1993, c 351, §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust › 674-21 Attorney's fees and costs.

§674-21 Attorney's fees and costs.
In any action brought under this part, the court may, as it deems just, award to a prevailing claimant and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney's fees. [L 1991, c 323, pt of §1; am L 1993, c 351, §14]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 675. Tobacco Liability Act › 675-1 Findings and purpose.

§675-1 Findings and purpose.
(a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.
(b) Cigarette smoking also presents serious financial concerns for the State. Under certain health-care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.
(c) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.
(d) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.
(e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.
(f) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise. [L 1999, c 188, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 675. Tobacco Liability Act › 675-4 Assignment of interest in qualified escrow fund to the State.

§675-4 Assignment of interest in qualified escrow fund to the State.
(a) A tobacco product manufacturer that elects to place funds into a qualified escrow fund pursuant to section 675-3(b) may assign to the State the tobacco product manufacturer's interest in any moneys in the qualified escrow fund.
(b) An assignment executed pursuant to subsection (a) shall be permanent and irrevocable and shall apply to all moneys in the qualified escrow fund, including all moneys deposited into the qualified escrow fund before the tobacco product manufacturer executes the assignment, all moneys deposited into the qualified escrow fund after the tobacco product manufacturer executes the assignment, and any interest or other appreciation earned on any moneys in the qualified escrow fund.
(c) A qualified escrow agreement, as referenced in section 486P-5(c)(4), may be amended by the parties to the agreement for the purpose of executing an assignment pursuant to subsection (a).
(d) An assignment executed pursuant to subsection (a) shall be in writing and shall be signed by the assignee and the assignor or by an authorized agent or representative thereof. An executed assignment becomes enforceable after a copy of the assignment is delivered to the attorney general and the financial institution where the qualified escrow fund is maintained.
(e) Notwithstanding the provisions of section 675-3(b), funds assigned to the State shall be deposited in the Hawaii tobacco settlement special fund established pursuant to section 328L-2.
(f) Nothing in this section shall operate to:
(1) Waive the right of the State to bring a claim against a tobacco product manufacturer, except that any funds assigned to the State under this section shall be credited on a dollar-for-dollar basis against any judgment or settlement; or
(2) Relieve a tobacco product manufacturer from any obligation or duty imposed pursuant to chapter 245, chapter 486P, or this chapter.
(g) When a qualified escrow fund has been deemed abandoned by a tobacco product manufacturer according to the criteria set by each financial institution, the financial institution maintaining the qualified escrow fund and acting as the escrow agent may file a petition in circuit court for an order authorizing a transfer of funds in the qualified escrow fund to the State. The petition shall state the factual and legal bases for the relief sought. The financial institution shall serve the petition on the attorney general at the time the petition is filed. Upon a finding that the fund has been abandoned, the court may order the transfer of funds in the qualified escrow fund to the Hawaii tobacco settlement special fund established pursuant to section 328L-2.
(h) The department of the attorney general may adopt rules pursuant to chapter 91 necessary to implement this section. [L 2022, c 93, §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 676. Structured Settlement Protection Act › 676-2 Required disclosures to payee.

§676-2 Required disclosures to payee.
Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, setting forth:
(1) The amounts and due dates of the structured settlement payments to be transferred;
(2) The aggregate amount of the payments in paragraph (1);
(3) The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities", and the amount of the applicable federal rate used in calculating the discounted present value;
(4) The gross advance amount;
(5) An itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any of the fees and disbursements stated in this paragraph;
(6) The net advance amount;
(7) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and
(8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee. [L 2006, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 676. Structured Settlement Protection Act › 676-3 Approval of transfers of structured settlement payment rights.

§676-3 Approval of transfers of structured settlement payment rights.
No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights, unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based upon express findings by the court or responsible administrative authority that:
(1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
(2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing; and
(3) The transfer does not contravene any applicable statute or the order of any court or other government authority. [L 2006, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 676. Structured Settlement Protection Act › 676-4 Effects of transfer of structured settlement payment rights.

§676-4 Effects of transfer of structured settlement payment rights.
Following a transfer of structured settlement payment rights under this chapter:
(1) The structured settlement obligor and the annuity issuer, as to all parties except the transferee, shall be discharged and released from any and all liability for the transferred payments;
(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(A) For any taxes incurred by the parties as a consequence of the transfer, if the transfer contravenes the terms of the structured settlement; and
(B) For any other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by the parties with the order of the court or responsible administrative authority, or arising as a consequence of the transferee's failure to comply with this chapter;
(3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and
(4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter. [L 2006, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 676. Structured Settlement Protection Act › 676-5 Procedure for approval of transfers.

§676-5 Procedure for approval of transfers.
(a) An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in any court or before any responsible administrative authority:
(1) In the county in which the payee resides;
(2) In the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business; or
(3) That approved the structured settlement agreement.
(b) To apply for approval of a transfer of structured settlement payment rights under section 676-3, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization. The notice shall include:
(1) A copy of the transferee's application;
(2) A copy of the transfer agreement;
(3) A copy of the disclosure statement required under section 676-2;
(4) A listing of each of the payee's dependents, together with each dependent's age;
(5) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and
(6) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application shall be filed, to be considered by the court or responsible administrative authority; provided that the written responses shall be filed not less than fifteen days after service of the transferee's notice. [L 2006, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 676. Structured Settlement Protection Act › 676-6 General provisions construction.

§676-6 General provisions construction.
(a) The provisions of this chapter may not be waived by any payee.
(b) Any transfer agreement entered into on or after May 26, 2006, by a payee who resides in this State shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this State. No transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(c) No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for:
(1) Periodically confirming the payee's survival; and
(2) Giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.
(d) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of this chapter.
(e) Nothing contained in this chapter shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to May 26, 2006, is valid or invalid.
(f) Compliance with the requirements set forth in section 676-2 and fulfillment of the conditions set forth in section 676-3 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions. [L 2006, c 146, pt of §1]
Revision Note
"May 26, 2006," substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 701. Preliminary Provisions › 701-100 Title and effective date of amendments.

§701-100 Title and effective date of amendments.
Title 37 shall be known as the Hawaii Penal Code. Amendments made to this Code by Act 314, Session Laws of Hawaii 1986, shall become effective on January 1, 1987. [L 1972, c 9, pt of §1; am L 1986, c 314, pt of §1]
COMMENTARY ON §701-100
The purpose of this Code is to codify the major part of Hawaii's penal law. The law has never before been completely codified. Judicial construction has been relied on to supply definitions, defenses, and general principles of penal liability. The statutory law, dating from time long past, uses language which is now obscure or mysterious. Unmeritorious defenses have been allowed because of the law's incompleteness, and some persons have escaped punishment because some new variation of criminal conduct is not defined as a crime. On the other hand, certain acts are defined as crimes which are not considered criminal today by a great majority of the people. This Code corrects these defects in the law, while putting it in a more rational and accessible form.
SUPPLEMENTAL COMMENTARY ON §701-100
Act 314, Session Laws 1986, provided that that Act's amendments to the Code take effect on January 1, 1987. By delaying the effective date of the amendments, the legislature intended to give criminal justice agencies time to determine how the amendments will affect them and to make provisions for the changes. Conference Committee Report No. 51-86.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 701. Preliminary Provisions › 701-103 Purposes of this Code.

§701-103 Purposes of this Code.
The purposes of this Code are to codify the general principles of the penal law and to define and codify certain specific offenses which constitute harms to basic social interests which the Code seeks to protect. [L 1972, c 9, pt of §1]
COMMENTARY ON §701-103
This section states the general purposes of the Code which are twofold. First, the Code defines the general principles of the penal law, including those principles relating to liability, justification, responsibility, inchoate behavior, and disposition of convicted defendants. Many of these basic principles are not presently defined in the statutory law and depend, for recognition and development, on decisional law. Secondly, the Code undertakes to codify a major portion of the penal law by defining and codifying the bulk of those specific offenses which constitute harms to social interests which the law in general and this Code in particular seek to protect: i.e., offenses against the person, property rights, the family and incompetents, public administration, public order, and public health and morals. In this respect the purpose of the Code is not different than that of existing law; however, the Code, unlike present law, reflects this purpose in its organization: the definition of offenses in chapters 707 through 712 are arranged according to the social interest offended, rather than in a somewhat alphabetical fashion as was the case in the former Title 38, now repealed.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 701. Preliminary Provisions › 701-104 Principles of construction.

§701-104 Principles of construction.
The provisions of this Code cannot be extended by analogy so as to create crimes not provided for herein; however, in order to promote justice and effect the objects of the law, all of its provisions shall be given a genuine construction, according to the fair import of the words, taken in their usual sense, in connection with the context, and with reference to the purpose of the provision. [L 1972, c 9, pt of §1]
COMMENTARY ON §701-104
This section, read in conjunction with §701-103, is intended to assure that this Code will be construed by the courts in such a way as to effectuate the declared purposes of the law.
SUPPLEMENTAL COMMENTARY ON §701-104
Section 104 of the Proposed Draft of the Code read: "The rule that a penal statute is to be strictly construed does not apply to this Code, but the provisions herein must be construed according to the fair import of their terms." The legislature found that such broad wording would subject the Code to unwarranted argument and attempted to avoid this possibility by revising the entire section. Through the section, as enacted, the legislature sought to limit the scope of the fair import principle. See Conference Committee Report No. 2 (1972). The committee report also states: "It is the intent of the Committee that definitions of crimes are to be strictly construed."
Case Notes
In Coray v. Ariyoshi, 54 H. 254, 506 P.2d 13 (1973), and State v. Rackle, 55 H. 531, 523 P.2d 299 (1974), the court reiterated without discussion the doctrine of strict construction. The offenses in each case occurred prior to enactment of the Code.
Where words of general description follow enumeration of specific things, the words are restricted to like objects. 56 H. 481, 541 P.2d 1020 (1975).
Rule of strict construction does not override other fundamental rules of construction. 59 H. 456, 583 P.2d 337 (1978).
Proscription of distribution of lysergic acid "diethylamine" under §329-14 (1974) cannot be extended by analogy to distribution of lysergic acid diethylamide. 61 H. 74, 595 P.2d 288 (1979).
Cited in construing "accident". 1 H. App. 625, 623 P.2d 1271 (1981).
Cited in construing "possession". 8 H. App. 610, 822 P.2d 23 (1991).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 701. Preliminary Provisions › 701-113 Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant.

§701-113 Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant.
A prosecution is not a bar within the meaning of sections 701-110, 701-111, and 701-112 under any of the following circumstances:
(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense.
(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed.
(3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis, or similar process. [L 1972, c 9, pt of §1]
COMMENTARY ON §701-113
A subsequent prosecution should not be barred when the former prosecution was before a court lacking jurisdiction over the defendant or the offense. A prosecution by a court without jurisdiction is a nullity, and reprosecuting the defendant does not place the defendant twice in jeopardy because the defendant never in fact was in jeopardy. Likewise, if the defendant improperly procured the former prosecution without the knowledge of the appropriate prosecuting officer and with the intention of avoiding the sentence which might otherwise be imposed, the former prosecution is not a bar. Finally, if defendant succeeds in having the former proceeding held invalid by means of habeas corpus or coram nobis, a reprosecution should not be barred.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 701. Preliminary Provisions › 701-116 Proving applicability of the Code. §701-116 Commentary:

§701-116 Proving applicability of the Code.
When the application of the Code depends on the finding of a fact which is not required to be found beyond a reasonable doubt:
(1) The burden of proving the fact is on the prosecution or defendant, depending on whose interest or contention will be furthered if the finding should be made; and
(2) The fact must be proved by a preponderance of the evidence. [L 1972, c 9, pt of §1]
COMMENTARY ON §701-116
The draft follows the Model Penal Code in defining a standard of proof of facts called for in application of the Code. It would cover, for example, a finding that the defendant lacks mental capacity to proceed.[1] It logically places the burden of proof on the side whose interest or contention would be furthered if the finding is made. Proof must be by a preponderance of the evidence. Thus when facts making the defendant subject to increased penalties must be proved,[2] the prosecution need not prove them beyond a reasonable doubt, but only by preponderant evidence. The Model Penal Code draftsmen explain:
... proof that satisfies the court is not likely to leave room for a substantial doubt; and this, in our view, affords an adequate protection in an area where we deliberately have sought to broaden the discretion of the court.3
__________
§701-116 Commentary:
1. Cf. § §704-403 to 406.
2. Cf. §706-662.
3. M.P.C., Tentative Draft No. 4, comments at 114 (1955).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 701. Preliminary Provisions › 701-117 Prima facie evidence.

§701-117 Prima facie evidence.
Prima facie evidence of a fact is evidence which, if accepted in its entirety by the trier of fact, is sufficient to prove the fact. Prima facie evidence provisions in this Code are governed by section 626-1, rule 306. [L 1972, c 9, pt of §1; am L 1986, c 314, §3]
COMMENTARY ON §701-117
In drafting the Code, we have substituted the concept of prima facie evidence for presumptions, which appear to create insurmountable difficulties for lawyers, courts, and juries. Often it is desirable to enable the prosecution to get to the jury on something less than positive proof of a fact which may be almost solely within the knowledge of the defendant. As an example, §701-106(4) makes proof of the finding of a body of a homicide victim within the State prima facie evidence that the bodily impact causing death or the death itself occurred within the State, giving Hawaii's courts jurisdiction. Obviously it may be very difficult to prove where the criminal result occurred, and the presence of the body is a good indication that the result occurred here. On the other hand, although the prosecution's case gets to the jury on this point, the defendant can win by suggesting a reasonable doubt that the death or bodily impact did occur within the State. Thus, the prima facie evidence rule helps the prosecution to get its case to the jury without necessarily meeting its burden of persuasion. This is consistent with modern rules of evidence. See California Evidence Code § §601-02, 604.
Law Journals and Reviews
The Lum Court and the First Amendment. 14 UH L. Rev. 395 (1992).
Case Notes
Section merely creates a permissible inference of fact. 57 H. 526, 560 P.2d 110 (1977); 61 H. 99, 595 P.2d 1072 (1979).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 701. Preliminary Provisions › 701-118 General definitions.

§701-118 General definitions.
In this Code, unless a different meaning plainly is required:
"Act" or "action" means a bodily movement whether voluntary or involuntary.
"Acted" includes, where relevant, "omitted to act".
"Actor" includes, a person who acts, or, where relevant, a person guilty of omission.
"Another" means any other person and includes, where relevant, the United States, this State and any of its political subdivisions, and any other state and any of its political subdivisions.
"Conduct" means an act or omission, or, where relevant, a series of acts or a series of omissions, or a series of acts and omissions.
"Law enforcement officer" means any public servant, whether employed by the State or county or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.
"Omission" means a failure to act.
"Person", "he", "him", "actor", and "defendant" include any natural person, including any natural person whose identity can be established by means of scientific analysis, including but not limited to scientific analysis of deoxyribonucleic acid and fingerprints, whether or not the natural person's name is known, and, where relevant, a corporation or an unincorporated association.
"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
"Statute" includes the Constitution of the State and a local law or ordinance of a political subdivision of the State. [L 1972, c 9, pt of §1; am L 2001, c 91, §2; am L 2005, c 112, §3]
Revision Note
Numeric designations deleted and definitions rearranged pursuant to §23G-15.
Cross References
Other definitions, see specific chapters of this Code.
COMMENTARY ON §701-118
Act 91, Session Laws 2001, amended this section by providing a definition of "law enforcement officer." The term "peace officer," as used in the Penal Code, caused the Intermediate Court of Appeals to question whether the term meant "law enforcement officer." Act 91 resolved the ambiguity by providing a definition of "law enforcement officer" and substituting that term for "peace officer" [in the Penal Code]. Conference Committee Report No. 23.
Act 112, Session Laws 2005, established a statewide deoxyribonucleic acid database and data bank identification program for all convicted felons. Conference Committee Report No. 184. Act 112 amended this section by amending the definition of "person," "he," "him," "actor," and "defendant."
Case Notes
A dolphin is not "another" within the meaning of paragraph (8). 1 H. App. 19, 613 P.2d 1328 (1980).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 701. Preliminary Provisions › 701-119 REPEALED.

§701-119 REPEALED.
L 1988, c 260, § §4, 7; L 1996, c 104, §6.
Cross References
Forfeiture of property used as benefit or pecuniary benefit in the commission of an offense, see §710-1001.
Forfeiture of property used in illegal gambling, see §712-1230.
Hawaii omnibus criminal forfeiture act, see chapter 712A.