Hawaii Revised Statutes

Hawaii Revised Statutes. The official compilation of the general and permanent statutes enacted by the Hawaii State Legislature, serving as the primary codified law of the State of Hawaii. First compiled and published in 1955, it organizes the statutory laws governing the islands, superseding earlier territorial codes. The statutes are updated annually and cover all areas of state law, from criminal justice to land use, reflecting Hawaii's unique cultural and geographical context within the United States.

Overview and History

The legal foundation of Hawaii evolved from the indigenous Kingdom of Hawaii legal system, through the Republic of Hawaii, and into its territorial status following the Newlands Resolution. Prior to statehood, laws were compiled in the Revised Laws of Hawaii and the Territory of Hawaii codes. Following the Hawaii Admission Act in 1959, the newly established state legislature undertook a major reorganization, leading to the formal compilation known today. This work built upon earlier efforts by the Congress of the United States and territorial authorities. The revision aimed to create a coherent and accessible body of law for the new state, integrating aspects of its unique history and local governance traditions.

Structure and Organization

The statutes are divided into numbered Titles, which are further subdivided into Chapters, Parts, and Sections. Major divisions include Title 13 covering the Hawaii State Judiciary, Title 17 on Education, Title 19 on Health, and Title 29 covering the Police. The organization follows a subject-matter scheme, similar to the United States Code. Key administrative rules are promulgated by agencies like the Hawaii Department of Land and Natural Resources and are compiled separately in the Hawaii Administrative Rules. The Legislative Reference Bureau assists in maintaining the accuracy and structure of the compilation.

Key Provisions and Notable Laws

Notable statutes address Hawaii's distinct environmental and cultural priorities. The Hawaii State Land Use Law establishes strict zoning classifications managed by the Land Use Commission. The Hawaii Public Utilities Commission regulates unique inter-island transportation and energy issues. The Hawaii Penal Code, primarily in Title 37, defines criminal offenses. Other significant laws govern water rights, embodied in the Hawaii Commission on Water Resource Management, and preservation of Native Hawaiian rights, influenced by the Apology Resolution. The Hawaii Sunshine Law ensures open government meetings, while the Hawaii Environmental Policy Act mirrors federal environmental mandates.

Legislative Process and Amendments

Statutes are created or amended through bills passed by the Hawaii State Legislature, comprising the Hawaii Senate and the Hawaii House of Representatives. A bill must pass both chambers in identical form before being presented to the Governor of Hawaii for approval or veto. The Hawaii State Capitol in Honolulu is the primary site for this legislative activity. Amendments are integrated into the annual cumulative supplements and periodic recompilations. The Office of the Lieutenant Governor of Hawaii is responsible for the official certification of acts. Voter-approved initiatives can also directly create statute, as seen in measures affecting the Office of Hawaiian Affairs.

Relationship to Other Legal Codes

The statutes operate within a hierarchy of law, subordinate to the Hawaii State Constitution and the Constitution of the United States. They are complemented by county charters and ordinances from entities like the City and County of Honolulu and the County of Maui. Federal law, including the United States Code and rulings from the United States District Court for the District of Hawaii, preempts conflicting state provisions. Case law from the Hawaii Supreme Court and the Hawaii Intermediate Court of Appeals interprets the statutes. The statutes also interact with rules from federal agencies like the National Oceanic and Atmospheric Administration regarding marine resources.

Application and Enforcement

State agencies, such as the Hawaii Department of the Attorney General and the Hawaii Department of Public Safety, are primarily responsible for enforcement. County agencies, including the Honolulu Police Department and the Kauai Police Department, enforce many statutory provisions at the local level. The Hawaii State Judiciary, including circuit and district courts, adjudicates violations. Specialized bodies like the Hawaii Labor and Industrial Relations Appeals Board handle specific statutory disputes. Enforcement often involves unique local considerations, such as protecting access to beaches under the Hawaii Public Access Shoreline Hawaii doctrine and managing tourism impacts in areas like Waikiki and Hawaii Volcanoes National Park.