Hawaii Revised Statutes

Hawaii Revised Statutes
Name	Hawaii Revised Statutes
Citation	HRS
Jurisdiction	Hawaii
Enacted by	Hawaii State Legislature
Effective	1955 (codification)
Status	Active

Hawaii Revised Statutes

The Hawaii Revised Statutes are the codified statutory laws enacted by the Hawaii State Legislature, serving as the primary statutory compilation for the State of Hawaii and guiding administration by entities such as the Office of the Governor of Hawaii, Hawaii State Judiciary, Office of the Attorney General, Hawaii Department of Commerce and Consumer Affairs, and local authorities like the City and County of Honolulu. The compilation has intersected with national instruments including the United States Constitution, decisions of the United States Supreme Court, and federal enactments like the Civil Rights Act of 1964, influencing matters addressed by the Hawaii State Senate and Hawaii House of Representatives and debated by figures such as John A. Burns, Daniel Inouye, and Patsy Mink. The statutes inform litigation before courts such as the Hawaii Supreme Court and the United States Court of Appeals for the Ninth Circuit and are interpreted alongside administrative rules from bodies like the Hawaii Public Utilities Commission.

History

The statutory codification leading to the current compilation followed antecedents like the Kingdom of Hawaii's proclamations, the Provisional Government of Hawaii, and statutes enacted during the Territory of Hawaii period under influences from actors including Sanford B. Dole, Queen Liliʻuokalani proponents, and territorial delegates to Congress such as Prince Jonah Kūhiō Kalanianaʻole. The mid-20th century codification paralleled nationwide trends exemplified by projects like the United States Code codification and the work of state codifiers in places such as New York (state) and California. Early codification efforts involved legal scholars, members of the Hawaii State Bar Association, and legislative leaders including Samuel Wilder King. Landmark legislative episodes, including debates after Statehood Day (Hawaii) and the first post-statehood sessions with legislators like John A. Burns and Daniel Inouye, shaped the arrangement of book titles and sections used today.

Structure and Organization

The compilation is organized into titles, chapters, and sections, paralleling organizational schemes used by codifications such as the United States Code and state codes of California and New York (state), and is cross-referenced with administrative codes like the Hawaii Administrative Rules. Titles cover domains involving entities like the Department of Health (Hawaii), Department of Education (Hawaii), Department of Land and Natural Resources (Hawaii), and Hawaii Housing Finance and Development Corporation. The structure accommodates special statutory instruments addressing subjects involving the Hawaii State Ethics Commission, Office of Hawaiian Affairs, Kamehameha Schools-related statutory provisions, and statutes affecting institutions such as the University of Hawaii System and Hawaii Community College. Indexing and annotations mirror editorial practices seen in publications by legal publishers serving courts such as the Hawaii State Judiciary and federal tribunals like the United States District Court for the District of Hawaii.

Enactment and Amendment Process

Statutory enactment follows legislative procedures of the Hawaii State Legislature with bills originating in the Hawaii House of Representatives or the Hawaii State Senate, committee review by panels including the House Judiciary Committee (Hawaii) and the Senate Ways and Means Committee (Hawaii), floor votes influenced by caucuses such as the Democratic Party of Hawaii and the Republican Party of Hawaii, and executive action by the Office of the Governor of Hawaii. Amendments arise through legislative sessions convened at venues like the Hawaii State Capitol, initiative and referendum proposals debated in the context of statutory frameworks used in states such as California, and occasionally through decisions of the Hawaii Supreme Court requiring remedial legislation. The enactment calendar integrates fiscal measures overseen by the Hawaii Department of Budget and Finance and implementation timetables that affect agencies like the Hawaii Department of Transportation.

Interpretation and Legal Effect

Interpretation of statutory language is performed by the Hawaii Supreme Court, trial courts within the Hawaii State Judiciary, and federal courts including the United States Court of Appeals for the Ninth Circuit and the United States District Court for the District of Hawaii, often considering precedents from the United States Supreme Court and comparative reasoning found in rulings from state high courts such as the California Supreme Court and the New York Court of Appeals. Canonical doctrines applied by jurists reference sources like the United States Constitution, statutory construction principles used by courts in cases mentioning the Civil Rights Act of 1964 or the Americans with Disabilities Act of 1990, and administrative law frameworks shaped by the Administrative Procedure Act. Advisory opinions from the Office of the Attorney General (Hawaii) and interpretive guidance issued by agencies such as the Hawaii Public Utilities Commission inform enforcement, while landmark cases before the Hawaii Supreme Court and federal panels clarify the interplay of statutory text and policy.

Accessibility and Publication

The statutes are published and maintained by the State of Hawaii through official outlets and complemented by commercial publishers and legal research services such as those providing annotated codifications in formats similar to print reporters used by the Hawaii State Judiciary and electronic databases utilized in courts like the United States District Court for the District of Hawaii. Public access is facilitated at libraries including the Hawaii State Library, law schools such as the William S. Richardson School of Law at the University of Hawaii at Mānoa, and repositories maintained by the Hawaii State Archives. Legislative information systems mirror platforms used by legislatures like those of California and New York (state), offering bill tracking, session laws, and historical records referencing sessions with figures like John A. Burns and Patsy Mink.

Relationship to Federal Law and Case Law

State statutes operate within the supremacy framework established by the United States Constitution and are subordinate to federal statutes enacted by the United States Congress, federal regulatory schemes such as those of the Environmental Protection Agency and the Department of Homeland Security, and controlling decisions of the United States Supreme Court. Litigation often involves interaction with federal civil rights jurisprudence from courts including the United States Court of Appeals for the Ninth Circuit and statutory conflicts resolved in contexts similar to disputes under the Supremacy Clause adjudicated by federal tribunals like the United States District Court for the District of Hawaii. Cooperative federalism matters implicating agencies such as the National Park Service and Federal Emergency Management Agency require harmonization of state statutory duties with federal programs like the Clean Air Act and the Endangered Species Act, while constitutional challenges proceed through dockets at the Hawaii Supreme Court and federal courts including the United States Supreme Court.

Category:Law of Hawaii