Hawaii Electrical Licensing Law

Hawaii Code · 23 sections

The following is the full text of Hawaii’s electrical licensing law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.

Haw. Rev. Stat. § 121-1

Section

121-1 Militia

121-2 Exemptions

121-3 Government employees

121-4 Composition

121-5 Command

121-6 Organization and reorganization of units

121-7 Adjutant general; appointment

121-8 Adjutant general; rank, salary

121-9 Adjutant general; duties

121-10 Administration

121-10.5 Prisoner of war and missing in action designations

121-11 Deputy adjutant general

121-12 Staff for military components, organization

121-13 Commissioned by commander in chief

121-14 Officers and warrant officers; qualifications,

appointment, tenure

121-15 Commissioned and warrant officers; transfer to

inactive list, retirement, separation

121-16 Examination of officers and warrant officers

121-17 Resignations

121-18 Retired list

121-19 Regulations governing armories, etc.

121-20 Enlistment

121-21 Discharge

121-22 Warrants of noncommissioned officers

121-23 Oath required

121-24 Oaths and affirmations; false swearing; perjury

121-25 Exemption from arrest and service

121-26 Relief from civil or criminal liability

121-27 Dishonorable discharge, effect

121-28 Report for service, drills, and exercises

121-29 Active service

121-30 Order to active service

121-31 Hawaii Code of Military Justice to apply

121-32 Repealed

121-33 Interference by civilian, penalty

121-34 Right-of-way on street, violation, and penalty

121-34.5 Use of electric guns

121-35 Property of State

121-36 Responsibility for property

121-37 Failure to return arms, etc.

121-38 Wearing of uniform for private purposes

121-39 Pay of officers and warrant officers while on

active duty

121-40 Pay of enlisted personnel while on active duty

121-41 Repealed

121-42 No pay without orders

121-43 Nonforfeiture for absence

121-44 Youth challenge program

121-45 Tuition assistance for Hawaii national guard personnel

to attend the University of Hawaii

Cross References

Civil relief for state military forces, see chapter 657D.

Hawaii medal of honor, see §5-22.

Interstate compact on educational opportunity for military children, see chapter 311D.

Vehicle weight tax exemption for active duty personnel, see §249-6.5.

Uniform military and overseas voters act, see chapter 15D.

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Haw. Rev. Stat. § 134-1

Section

134-1 Definitions

134-2 Permits to acquire

134-2.5 Permits for motion picture films or television

program production

134-3 Registration, mandatory, exceptions

134-3.5 Disclosure for firearm permit and registration

purposes

134-4 Transfer, possession of firearms

134-5 Possession by licensed hunters and minors; target

shooting; game hunting

134-6 Repealed

134-6.5 Relief from federal firearms mental health

prohibitor

134-7 Ownership or possession prohibited, when; penalty

134-7.2 Prohibition against seizure of firearms or

ammunition during emergency or disaster; suspension

of permit or license

134-7.3 Seizure of firearms upon disqualification

134-7.5 Seizure of firearms in domestic abuse situations;

requirements; return of

134-8 Ownership, etc., of automatic firearms, silencers,

etc., prohibited; penalties

134-9 Licenses to carry

134-10 Alteration of identification marks prohibited

134-10.5 Storage of firearm; responsibility with respect to

minors

134-11 Exemptions

134-12 Repealed

134-12.5 Forfeiture of firearms, ammunition, deadly or

dangerous weapons, and switchblade knives; when

134-13 Revocation of permits

134-14 Report

134-15 Restriction of materials for manufacture of pistols

or revolvers

134-16 Restriction on possession, sale, gift, or delivery of

electric guns

134-17 Penalties

134-18 Qualified immunity for physicians, psychologists, or

psychiatrists who provide information on permit

applicants

134-21 Carrying or use of firearm in the commission of a

separate felony; penalty

134-22 Possession of a firearm with intent to facilitate

the commission of a felony drug offense; penalty

134-23 Place to keep loaded firearms other than pistols and

revolvers; penalty

134-24 Place to keep unloaded firearms other than pistols

and revolvers; penalty

134-25 Place to keep pistol or revolver; penalty

134-26 Carrying or possessing a loaded firearm on a

public highway; penalty

134-27 Place to keep ammunition; penalty

134-28 Explosive devices; prohibitions; penalty

Part II. Firearms, Dealers’ Licenses

134-31 License to sell and manufacture firearms; fee

134-32 License to sell and manufacture firearms; conditions

134-33 Punishment for violations of section 134-32

134-34 National emergency, when

Part III. Dangerous Weapons

134-51 Deadly weapons; prohibitions; penalty

134-52 Switchblade knives; prohibitions; penalty

134-53 Butterfly knives; prohibitions; penalty

Cross References

Zero tolerance policy for drugs and weapons, see §302A-1134.6.

Case Notes

Where plaintiff asserted that §§134-6 and 134-9 violated rights guaranteed by Article I and the Second, Fifth, Ninth, and Fourteenth Amendments of the U.S. Constitution, defendants’ motions to dismiss plaintiff’s complaint granted; among other things, plaintiff did not have standing to challenge this chapter on the basis of an alleged deprivation of Second Amendment or Ninth Amendment rights, this chapter is not an impermissible bill of attainder with respect to plaintiff, and this chapter imposes no impairment of a contractual right possessed by plaintiff. 548 F. Supp. 2d 1151.

Defendant could not claim that state firearms regulations infringed upon rights protected by Second Amendment. 82 H. 143, 920 P.2d 357.

Right to bear arms may be regulated by the State in a reasonable manner. 82 H. 143, 920 P.2d 357.

Appellate court precluded from remanding convictions for retrial as no lesser included offense of a felon in possession of a firearm or ammunition under this chapter. 82 H. 517 (App.), 923 P.2d 934.

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Haw. Rev. Stat. § 196-1

Section

196-1 Findings and declaration of necessity

196-1.5 Priority permitting process for renewable energy

projects

196-2 Definitions

196-3 Energy resources coordinator

196-4 Powers and duties

196-5 Gas appliances with pilot light prohibited; exemptions

196-6 Energy efficient storage hot water heaters

196-6.5 Solar water heater system required for new

single-family residential construction

196-7 Placement of solar energy devices

196-7.5 Placement of electric vehicle charging system

196-8 Repealed

196-8.5 Placement of clotheslines

196-9 Energy efficiency and environmental standards for

state facilities, motor vehicles, and transportation

fuel

196-10 Hawaii renewable hydrogen program

196-10.5 Hawaii clean energy initiative program

Part II. Energy Efficiency in State Facilities

196-11 Definitions

196-12 to 18 Repealed

196-19 Life-cycle cost analysis

196-20 Repealed

196-21 Financing mechanisms

196-22 State energy projects

196-23 Energy efficient products

196-24 to 29 Repealed

196-30 Public buildings; benchmarks; retro-commissioning

guidelines; energy savings performance contracts

Part III. Other Provisions

196-41 State support for achieving renewable portfolio

standards

196-42 State support for achieving alternate fuels standards

Part IV. Green Infrastructure Loans

196-61 Definitions

196-62 Hawaii green infrastructure loan program

196-63 Hawaii green infrastructure authority

196-64 Functions, powers, and duties of the authority

196-65 Hawaii green infrastructure special fund

196-66 Use of Hawaii green infrastructure special fund;

application

196-67 Hawaii green infrastructure bond fund

196-68 Compliance with revenue bond law

196-69 Reporting; annual report

196-70 Severability

Note

L 2014, c 218, §8 purports to amend this chapter.

Cross References

Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.

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Haw. Rev. Stat. § 237-1

Section

237-1 Definitions

237-2 “Business”, “engaging” in business, defined

237-3 “Gross income”, “gross proceeds of sale”, defined

237-4 “Wholesaler”, “jobber”, defined

237-5 “Producer” defined

237-6 “Contractor”, “contracting”, “federal cost-plus

contractor”, defined

237-7 “Service business or calling”, defined

237-8 Administration and enforcement by department

237-8.5 Repealed

237-8.6 County surcharge on state tax; administration

Licenses; Tax; Exemptions

237-9 Licenses; penalty

237-9.3 General excise tax benefits; denial of tax benefits

for failure to properly claim

237-9.5 No separate licensing, filing, or liability for

certain revocable trusts

237-10 Repealed

237-10.5 Reporting requirement for contractors on federal

construction projects

237-11 Tax year

237-12 Tax cumulative; extent of license

237-13 Imposition of tax

237-13.3 Repealed

237-13.5 Assessment on generated electricity

237-13.8 Sales of telecommunications services through prepaid

telephone calling service

237-14 Segregation of gross income, etc., on records and in

returns

237-14.5 Segregation of gross income, etc., on records and in

returns of telecommunications businesses

237-15 Technicians

237-16 Repealed

237-16.5 Tax on written real property leases; deduction allowed

237-16.8 Exemption of certain convention, conference, and trade

show fees

237-17 Persons with impaired sight, hearing, or who are

totally disabled

237-18 Further provisions as to application of tax

237-19 Repealed

237-20 Principles applicable in certain situations

237-21 Apportionment

237-22 Conformity to Constitution, etc.

237-23 Exemptions, persons exempt, applications for exemption

237-23.5 Related entities; common paymaster; certain exempt

transactions

237-24 Amounts not taxable

237-24.3 Additional amounts not taxable

237-24.5 Additional exemptions

237-24.7 Additional amounts not taxable

237-24.75 Additional exemptions

237-24.8 Amounts not taxable for financial institutions

237-24.9 Aircraft service and maintenance facility

237-25 Exemptions of sales and gross proceeds of sales to

federal government, and credit unions

237-26 Exemption of certain scientific contracts with the

United States

237-27 Exemption of certain petroleum refiners

237-27.1, 28.2 Repealed

237-27.5 Air pollution control facility

237-27.6 Solid waste processing, disposal, and electric

generating facility; certain amounts exempt

237-28 Repealed

237-28.1 Exemption of certain shipbuilding and ship repair

business

237-28.2 Repealed

237-29 Exemptions for certified or approved housing projects

237-29.5 Exemption for sales of tangible personal property

shipped out of the State

237-29.53 Exemption for contracting or services exported out of

State

237-29.55 Exemption for sale of tangible personal property for

resale at wholesale

237-29.6 Repealed

237-29.65 Repealed

237-29.7 Exemption of insurance companies

237-29.75 Repealed

237-29.8 Call centers; exemption; engaging in business;

definitions

Returns and Payments

237-30 Monthly, quarterly, or semiannual return,

computation of tax, payment

237-30.5 Collection of rental by third party; filing with

department; statement required

237-31 Remittances

237-32 Penalties

237-33 Annual return, payment of tax

237-33.5 Federal assessments; adjustments of gross income or

gross proceeds of sale; report to the department

237-34 Filing of returns; disclosure of returns unlawful,

penalty; destruction of returns

237-35 Consolidated reports; interrelated business

Assessments, Refunds, and Records

237-36 Erroneous returns, disallowance of exemption, payment

237-37 Refunds and credits

237-38 Failure to make return

237-39 Audits; procedure, penalties

237-40 Limitation period

237-41 Records to be kept; examination

237-41.5 Certain amounts held in trust; liability of key

individuals

Appeals

237-42 Appeals

237-43 Bulk sales; transfers; penalties

237-44 Entertainment business

237-45 Repealed

237-46 Collection by suit; injunction

237-47 District judges; concurrent civil jurisdiction in tax

collections

Offenses; Penalties

237-48 Repealed

237-49 Unfair competition; penalty

Cross References

Tax collection; mainland contractors working on federal construction projects, see §231-9.3.

Law Journals and Reviews

Taxes in Hawaii since July 1, 1968: A Report on the Unreported Decisions of Judge Dick Yin Wong, Arthur B. Reinwald, 9 HBJ 95.

Taxes in Hawaii 1983-1988: A Funny Thing Happened at the Forum. 22 HBJ 53.

Hawaii’s General Excise Tax Law: A Comprehensive Review of the Decisions. II HBJ No. 13, at pg. 1.

Case Notes

Value of management and administrative services taxpayer provided to its wholly owned subsidiaries was taxable under this chapter. 6 H. App. 260, 718 P.2d 1122.

Where plaintiff was a “retailer” licensed under this chapter, used the goods in Hawaii after it purchased and imported them from the mainland “for purposes of resale”, it was liable for the use tax under this section. 128 H. 116, 284 P.3d 209 (2012).

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Haw. Rev. Stat. § 240-1

Section

240-1 Electric light and power companies, tax on

240-1.5 Surcharge amounts exempt

240-1.6 Cable surcharge amounts exempt

240-2 Books, papers, etc.

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Haw. Rev. Stat. § 269-1

Section

269-1 Definitions

269-2 Public utilities commission; number, appointment

of commissioners, qualifications; compensation;

persons having interest in public utilities;

authority

269-3 Employment of assistants

269-4 Repealed

269-5 Annual report and register of orders

269-6 General powers and duties

269-6.5 Electronic copies of documents

269-7 Investigative powers

269-7.5 Certificates of public convenience and necessity

269-8 Public utilities to furnish information

269-8.2 Location of records

269-8.5 Annual financial reports

269-9 Report accidents

269-10 Commission may compel attendance of witnesses, etc.

269-11 Repealed

269-12 Notices

269-13 Right to be represented by counsel

269-14 Repealed

269-14.5 Appointment of receiver for public utilities

269-15 Commission may institute proceedings to enforce

chapter

269-15.5 Appeals

269-15.51 Contested cases

269-15.6 Alternative dispute resolution

269-16 Regulation of utility rates; ratemaking procedures

269-16.2 Approval of rules of a public utility

269-16.21 Repealed

269-16.22 Power purchase agreements; cost recovery for electric

utilities

269-16.3 Statewide rate increase surcharge assessment on

ratepayers in emergency situations

269-16.4 Annual fuel mix disclosure

269-16.5 Lifeline telephone rates

269-16.6 Telecommunications relay services for the deaf,

persons with hearing disabilities, and persons with

speech disabilities

269-16.7 Repealed

269-16.8 Aggregators of telephone service requirements

269-16.85 Retail intrastate services; fully competitive

269-16.9 Telecommunications providers and services

269-16.91 Universal service subsidies

269-16.92 Changes in subscriber carrier selections; prior

authorization required; penalties for unauthorized

changes

269-16.93 Release of domestic abuse victims from shared

wireless plans

269-16.95 Emergency telephone service; capital costs;

ratemaking

269-17 Issuance of securities

269-17.5 Issuance of voting stock; restrictions

269-18 Acquirement of stock of another public utility

269-19 Merger and consolidation of public utilities

269-19.5 Relations with an affiliated interest; definition;

contracts with affiliates filed and subject to

commission action

269-20 Certificates of public convenience and necessity

for water carriers

269-21, 22 Repealed

269-23 Liability of initial and delivering common carrier

for loss; limitation of liability; notice and filing

of claim

269-24 Repealed

269-25 Valuations

269-26 Investigation of water rates charged by lessee

under state leases

269-26.5 Preferential water rates for agricultural activities

269-26.6 Preferential water carrier service rates for

agricultural activities

269-27 Prevention of unreasonable water rates

269-27.1 Establishment of geothermal energy rates

269-27.2 Utilization of electricity generated from nonfossil

fuels

269-27.3 Preferential renewable energy rates; agricultural

activities

269-27.4 Community-based renewable energy tariffs

269-27.5 Construction of high-voltage electric transmission

lines; hearing

269-27.6 Construction of high-voltage electric transmission

lines; overhead or underground construction

269-28 Penalty

269-29 Perjury

269-30 Finances; public utility fee

269-31 Application of this chapter

269-32 Injury to public utility property

269-33 Public utilities commission special fund

269-34 Obligations of telecommunications carriers

269-35 Universal service

269-36 Telecommunications number portability

269-37 Compensation agreements

269-38 Regulatory flexibility for effectively competitive

services

269-39 Cross-subsidies

269-40 Access to advanced services

269-41 Universal service program; establishment; purpose;

principles

269-42 Universal service program; contributions

269-43 Carriers of last resort

269-44 Solar water heater system standards

269-45 Gas utility companies; renewable energy; reporting

requirements

Part II. Consumer Advocate

269-51 Consumer advocate; executive director of the

division of consumer advocacy

269-52 Division of consumer advocacy; personnel

269-53 Legal counsel

269-54 General powers; duties

269-55 Handling of complaints

Part III. Other Provisions

269-71 Meter tampering

Part IV. Gas Pipeline Systems–Repealed

269-81 to 84 Repealed

Part V. Renewable Portfolio Standards

269-91 Definitions

269-92 Renewable portfolio standards

269-93 Achieving portfolio standard

269-94 Waivers, extensions, and incentives

269-95 Renewable portfolio standards study

269-96 Energy-efficiency portfolio standards

Part VI. Net Energy Metering

269-101 Definitions

269-101.5 Maximum capacity of eligible customer-generator

269-102 Standard contract or tariff; rate structure

269-103 Generating capacity

269-104 Additional customer-generators

269-105 Calculation

269-106 Billing periods; twelve-month reconciliation

269-107 Net electricity consumers

269-108 Net electricity producers; excess electricity

credits and credit carry over

269-109 Net electricity consumption or production

information

269-110 Termination by eligible customer-generators

269-111 Safety and performance standards

Part VII. Public Benefits Fee

269-121 Public benefits fee authorization

269-122 Public benefits fee administrator; establishment

269-123 Requirements for the public benefits fee

administrator

269-124 Transitioning from utility demand-side management

programs to the public benefits fee

269-125 On-bill financing for energy efficiency and renewable

energy

Part VIII. Interisland Transmission System

269-131 Definitions

269-132 Certification

269-133 Transmission tariff

269-134 Cable surcharge

269-135 Recovery of electric utility company costs

Part IX. Electric Reliability

269-141 Definitions

269-142 Reliability standards; interconnection

requirements; adoption and development; force

and effect

269-143 Monitoring

269-144 Compliance and enforcement

269-145 Grid access; procedures for interconnection;

dispute resolution

269-145.5 Advanced grid modernization technology; principles

269-146 Hawaii electricity reliability surcharge;

authorization; cost recovery

269-147 Hawaii electricity reliability administrator;

contracting

269-148 Hawaii electricity reliability administrator;

qualifications

269-149 Funding; reporting

Part X. Green Infrastructure Bonds

269-161 Definitions

269-162 Applications to issue bonds and authorize green

infrastructure fee

269-163 Green infrastructure financing order

269-164 Green infrastructure property

269-165 Bonds financing order

269-166 Green infrastructure fee; nonbypassable

269-167 Electric utility successor requirements; default

of electric utility

269-168 Treatment of bonds, fees, and property

269-169 Green infrastructure property; non-impairment

269-170 Green infrastructure loan program order; application

269-171 Green infrastructure loan program order; issuance

269-172 Electric utilities; cost recovery; billing agent

269-173 Severability

269-174 Miscellaneous

269-175 Revenue bonds; exclusion from debt limit

269-176 Financing order; adjustments to green

infrastructure fee

Note

Broadband services; exemption from certain permitting requirements. L 2011, c 151; L 2013, c 264; L 2016, c 193, §§1, 2.

Franchises prior to 1966, see RLH 1955, volume II appendix at page 1720 and 1965 Supp at page 1039.

Greenhouse gas emissions reduction task force (report to 2010 legislature and every five years thereafter). L 2007, c 234, §§1 to 7.

Honolulu Gas Company. L 1967, c 262.

Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §11.

Kauai Electric Company, Limited. L 1967, c 165.

Maui Electric Company, Limited. L 1991, c 12.

Maui Electric Company, Limited (for Lanai). L 1988, c 54.

Molokai Electric Company, Limited. L 1989, c 147.

Solar water heating pay as you save program pilot project. L 2006, c 240, §13.

Cross References

Natural energy laboratory of Hawaii authority as public utility; when, see §227D-1.5.

Telecommunications and cable industry information reporting, see chapter 440J.

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Haw. Rev. Stat. § 286-1

Section

286-1 Short title

286-2 Definitions

286-3 Powers and duties of the governor

286-4 Repealed

286-4.1 Medical advisory board

286-5 State highway safety council

286-6 County traffic or highway safety councils

286-7 County highway safety programs

286-8 Rules and regulations

286-9 Facilities for physically handicapped persons

286-10 Arrest or citation

286-11 Repealed

286-12 All-terrain vehicle; utility-terrain vehicle;

permitted use

Part IA. Motor Vehicle Regulation

286-16 Powers and duties

286-17 Enforcement

286-18 Rules

Part II. Inspection of Vehicles and Mopeds

286-21 Vehicles and mopeds without required equipment or in

unsafe condition

286-22 Inspection by officers of the police department

286-23 Responsibility for compliance

286-24 Registered owner’s responsibility; registration

plates as prima facie evidence as to the fault of

the registered owner

286-25 Operation of a vehicle or moped without a certificate

of inspection

286-26 Certificates of inspection

286-26.5 Special interest vehicles

286-27 Permits to operate official inspection stations

286-28 Suspension or revocation of permits

286-29 Improper representation as official

inspection station

286-30 False certificates

Part III. Registration of Vehicles

286-41 Application for registration; full faith and

credit to current certificates; this part not

applicable to certain equipment

286-42 County finance director’s duties

286-43 Defacing serial numbers, etc., of motor vehicles

286-44 Unlawful to possess certain motor vehicles,

parts, etc.; forfeiture

286-44.5 Salvage certificate

286-45 Records of county finance director

286-46 Tax lien and encumbrance record

286-47 Certificate of registration; certificate of

ownership; containers

286-47.2 Certificate of trailer registration

286-47.5 Notice of change of address or name; penalty

286-48 Certificates of ownership of salvaged motor vehicles

286-49 Registration of vehicles under two or more names

286-50 Registration of vehicle located outside State;

correction of errors; fee for correcting errors

286-51 Registration, expense

286-51.5 Junking of nonrepairable vehicle

286-52 Procedure when title of vehicle transferred;

delivery of certificate mandatory

286-52.4 Terminal rental adjustment clause; vehicle leases

286-52.5 Procedure when registration of a trailer transferred

286-53 Dealers in new motor vehicles

286-53.1 Boat dealers; trailers without plates

286-53.5 Permanent registration of fleet vehicles

286-53.6 Fleet vehicles, fees

286-54 Out-of-state vehicle permit

286-55 Certificates lost or mutilated

286-56 Official cars

286-56.5 Special license plates for consul or official

representative of foreign or territorial government

286-57 Unlawful removal of motor vehicles from State

286-58 Appeal from finance director’s decision

286-59 Appeal; procedure

286-60 Rules of procedure; costs; appeal

286-61 Penalty

286-62 Special license plates authorized

286-63 Shape, size and color of plates; how affixed

286-64 Regulation plates to be surrendered

286-65 Surrender, transfer, and disposal of special plates

286-66 Director in charge

286-67 Fees

286-68 Interpretation of part

286-69 Penalty

Part IV. Safety Equipment

286-81 Motorcycle, motor scooter, etc.; protective devices

286-82 Penalty

286-83 Sales of motor vehicle equipment; approval

and identification required; prohibitions on use

286-84 Revocation of approval

286-85 Reconstructed vehicles, approval required

Part V. Driver Training School and Driving

Instructors–Repealed

286-91 to 97 Repealed

Part VI. Motor Vehicle Driver Licensing

286-101 Designation of examiner of drivers

286-101.5 Reciprocal licensing privileges

286-102 Licensing

286-102.3 Commercial drivers under the age of twenty-one

286-102.5 Military Selective Service Act; Selective Service

System registration

286-102.6 Provisional license for persons under the age

of eighteen

286-103 Restrictions on driver’s license; rules and

regulations

286-104 Which persons shall not be licensed

286-104.5 Limited purpose driver’s license, limited purpose

provisional driver’s license, and limited purpose

instruction permits

286-105 What persons are exempt from license

286-106 Expiration of licenses

286-106.5 Expiration of licenses; out-of-country active

duty military personnel and dependents

286-107 License renewals; procedures and requirements

286-107.5 Reactivation of expired license; fees; road test

waived

286-108 Examination of applicants

286-108.4 Driver education and behind-the-wheel driver

training program

286-108.5 Repealed

286-109 General provision governing the issuance of licenses

286-109.4 Designation of advance health-care directive

286-109.5 Designation of anatomical gift

286-109.6 Limited access to driver’s license anatomical gift

data

286-109.7 Organ and tissue education fee

286-110 Instruction permits

286-111 Application for license, provisional license,

instruction permit, limited purpose driver’s license,

limited purpose provisional driver’s license, or

limited purpose instruction permit; fees

286-112 Application of minors; liability of parents or

guardian

286-113 Release from liability

286-114 Revocation of license, provisional license, or

instruction permit upon death of person

signing minor’s application

286-115 Repealed

286-116 License, insurance identification card, possession,

exhibition

286-116.5 Notice of change of address or name; penalty

286-117 Duplicate permits, provisional licenses, and

licenses

286-118 Records to be kept by the examiner of drivers

286-118.5 License revoked for operating a vehicle under the

influence of an intoxicant; eligibility for license

renewal

286-119 Authority of examiner of drivers to suspend

or revoke licenses

286-120 Authority of examiner of drivers to cancel licenses

286-121 Suspending or revoking privileges of nonresident and

reporting convictions, suspensions, and revocations

286-122 Suspension of a license; surrender

286-123 Record of conviction forwarded to examiner of

drivers

286-124 Mandatory revocation of license by a court

286-125 Discretionary revocation or suspension of license by

a court

286-126 Period of suspension or revocation

286-127 Repealed

286-128 Evaluation of nonresident driving privileges;

reports of outside convictions; reports of

convictions by courts-martial or United States

commissioners

286-129 Appeal to circuit court

286-130 No operation under foreign license during revocation

or suspension in this State

286-131 Unlawful use of license

286-132 Driving while license suspended or revoked

286-133 Unlawful to permit unauthorized person to drive

286-134 Employing unlicensed driver

286-135 Renting motor vehicle to another

286-136 Penalty

286-137 District courts to keep records

286-138 Prohibiting “fixing” of tickets and providing

penalties therefor; nolle prosequi by prosecuting

attorney only by motion and approval of court

286-139 Preferred insurance rate

286-140 Repealed

Part VII. Alcohol, Drugs, and Highway

Safety–Repealed

286-151 to 163 Repealed

Part VIII. Traffic Records

286-171 Statewide traffic records system

286-172 Furnishing of information

Part IX. Pupil Transportation

286-181 Pupil transportation safety

Part X. Miscellaneous Provisions

286-191 Repealed

Part XI. Motor Carrier Safety Law

286-201 Definitions

286-202 General duties and powers of the director

286-202.5 Driver improvement program

286-202.6 Marking of motor carrier vehicles

286-202.8 Mudguards; protective devices

286-203 Enforcement

286-204 Accounts, records, and reports

286-204.5 Vehicle identification card

286-205 Reports as evidence

286-206 Penalty

286-207 Exemptions, certain vehicles

286-208 Exemptions, vehicles used by farmers

286-209 Safety inspection of motor carrier vehicles

286-210 Operation of a motor carrier vehicle

without a safety inspection decal

286-211 Permits to operate official inspection stations

286-212 Suspension or revocation of permits

286-213 Improper representation as official inspection

station

286-214 False certificates

286-215 Fees and charges

286-216 Fines, fees and charges

Part XII. Transportation of Hazardous Materials

286-221 Definitions

286-222 General powers

286-223 Scope

286-224 Inspections

286-225 Hazardous materials incident reporting

286-226 Routes

286-227 Penalty

Part XIII. Commercial Driver Licensing

286-231 Definitions

286-232 Limitation on number of driver’s licenses

286-233 Notification requirements

286-234 Employer responsibilities

286-235 Commercial driver’s license required

286-235.5 Persons exempt from licensure

286-236 Commercial driver’s license qualification standards

286-236.5 Renumbered

286-237 Repealed

286-238 Application for commercial driver’s license or

commercial learner’s permit

286-238.2 Commercial learner’s permit

286-238.5 Repealed

286-239 Commercial driver’s license

286-239.5 Reactivation of expired commercial driver’s license;

fees; road test waived

286-240 Disqualification, cancellation, and downgrade

286-241 Notification of disqualification, suspension,

revocation, cancellation, marking medical

certification status as not-certified, or

downgrading of commercial driver’s licenses or permits

286-241.4 Authority of examiner of drivers to suspend, revoke,

cancel, mark the medical certification status as

not-certified, or downgrade commercial driver’s

license or permit

286-241.5 Notification and hearing

286-241.6 Appeal to circuit court

286-242 Commercial drivers prohibited from operating with

any alcohol in their body

286-243 Implied consent requirements for commercial motor

vehicle drivers

286-244 Notification of traffic convictions

286-245 Driving record information to be recorded and

furnished

286-246 Authority to make rules

286-247 Authority to enter agreements

286-248 Reciprocity

286-249 Penalty

Part XIV. Administrative Revocation of Driver’s

License and Motor Vehicle

Registration–Repealed

286-251 to 266 Repealed

Part XV. Interisland Shipping of Vehicles

286-271 Interisland shipping of vehicles; proof required

Part XVI. Civil Identification Cards

286-301 Issuance of identification card or temporary card

286-302 Oaths and investigations

286-303 Application for identification card

286-304 Procedure

286-305 Contents and characteristics; form

286-306 Expiration; renewal; replacement

286-307 Identification cards not to be altered; duties

of holder; lost certificates

286-308 Correction or alteration of records and

identification cards in cases of error or

subsequent changes concerning names, citizenship,

description, etc.

286-309 Rules

286-310 Forms

286-311 Custody and use of records; confidential

information

286-312 Civil identification card fee special fund

286-313 Reimbursement to counties

Note

For electric vehicle registration, parking, HOV lane use, and rules (repealed June 30, 2020) as provided by L 2012, c 168, §2, see note following §291-71.

Traffic safety and major accident reporting protocols by each county police department. L 2010, c 104.

Working group on documentation for state civil identification card; reports to 2016-2017 legislature (dissolved June 30, 2017). L 2015, c 243.

Revision Note

The amendments made to part VI by L 2012, c 310, §§2 (enacting subpart B to part VI), 5 (amending the part VI title), 6 (adding a subpart A title to part VI), and 8 (amending §§286-101, 286-102(e), 286-104, 286-106, 286-107©, 286-108(a), 286-110(a), 286-112(a) and ©, 286-113, 286-114, and 286-122(a) to change “part” to “subpart”) are omitted as the new subpart B added to part VI was renumbered as part XVI pursuant to §23G-15.

Cross References

Complete streets, see §264-20.5.

Nonresident violator compact, see chapter 291A.

Law Journals and Reviews

Intextication: Txting Whl Drvng. Does the Punishment Fit the Crime? 32 UH L. Rev. 359 (2010).

We make every effort to comply to ADA standards, and Section 508 of the Rehabilitation Act.

Visit our ADA page here. If you have any problems with any of these pages, please

contact the webmaster with the page address and problems encountered.

You may view our Privacy Policy here.

Haw. Rev. Stat. § 291-1

Section

291-1 Definitions

291-2 Reckless driving of vehicle or riding of animals;

penalty

291-3 Repealed

291-3.1 Consuming or possessing intoxicating liquor while

operating motor vehicle or moped

291-3.2 Consuming or possessing intoxicating liquor while a

passenger in a motor vehicle

291-3.3 Storage of opened container containing intoxicating

liquor or consumption at scenic lookout

291-3.4 Exceptions; consumption or possession of intoxicating

liquor while a passenger in a motor vehicle, storage

of opened container containing intoxicating liquor

291-4 to 4.5 Repealed

291-4.6 Driving after license suspended or denied for

noncompliance with an order of support; penalties

291-5 to 7 Repealed

291-8 Freight on motor cars; projection of, prohibited

291-9 Freight; on running board

291-10 Penalty

291-11 Riders and passengers under seven years of age on

motorcycles and motor scooters prohibited; penalty

291-11.5 Child passenger restraints

291-11.6 Mandatory use of seat belts, when, penalty

291-12 Inattention to driving

291-13 Traffic laws apply to persons driving mopeds

291-14 Pickup trucks; passenger restrictions

291-15 Trauma system surcharge

291-16 Safe routes to school program surcharge

291-17 Mobile electronic devices; use while operating a

commercial motor vehicle prohibited

Part II. Equipment

291-21 Repealed

291-21.3 Definitions

291-21.5 Regulation of motor vehicle sun screening devices;

penalty

291-22 Regulation of exhaust pipe and muffler

291-23 Penalty

291-24 Motorcycles and mopeds, noisy mufflers; penalty

291-24.5 Motor vehicle muffler

291-24.6 Motor vehicle alarm systems

291-25 Lights for motor vehicles, motorcycles, motor

scooters, motorized bicycles

291-26 Testing lights

291-27 Repealed

291-28 Lights for loads

291-29 Lights for other vehicles

291-30 Spotlights

291-31 Tail lights on vehicles, motorcycles and motor

scooters

291-31.5 Blue lights prohibited for motor vehicles, motorcycles,

motor scooters, bicycles, mopeds

291-32 Penalties

291-33 Projections on face of wheels prohibited

291-34 Size of vehicles; width, height, and length

291-35 Gross weight, axle, and wheel loads

291-35.1 Regulation of bumper heights

291-36 Exceptions

291-37 Penalties

291-38 Repealed

291-39 Enforcement

Part III. Parking for Disabled Persons

291-51 Definitions

291-51.3 Reimbursement to counties; agreement with counties

to provide permits

291-51.4 Fraudulent verification of an applicant as a person

with a disability; penalty

291-51.5 Special license plates

291-51.6 Issuance of temporary removable windshield placards

291-52 Issuance of removable windshield placard

291-52.5 Issuance of identification card

291-52.6 Replacement of a removable windshield placard or

identification card

291-54 Display of removable and temporary removable

windshield placards

291-56 Rules

Part IV. Miscellaneous

291-71 Designation of parking spaces for electric vehicles;

charging system

291-72 Parking spaces reserved for electric vehicles;

penalties

Note

For electric vehicle registration, parking, HOV lane use, and rules (repealed June 30, 2020) as provided by L 2012, c 168, §2, see note following §291-71.

Cross References

Adjudication of traffic infractions, see chapter 291D.

Nonresident violator compact, see chapter 291A.

Law Journals and Reviews

Intextication: Txting Whl Drvng. Does the Punishment Fit the Crime? 32 UH L. Rev. 359 (2010).

We make every effort to comply to ADA standards, and Section 508 of the Rehabilitation Act.

Visit our ADA page here. If you have any problems with any of these pages, please

contact the webmaster with the page address and problems encountered.

You may view our Privacy Policy here.

Haw. Rev. Stat. § 46-1

Section

46-1 Meeting place of council

46-1.5 General powers and limitation of the counties

46-1.55 Indigenous Hawaiian architecture

46-1.6 Repealed

46-1.7 Retention of emergency 911 recordings

46-1.8 Reciprocal supplying of tax information

46-2 Publication or advertising of ordinances, amendments,

resolutions, and bills

46-2.1 Comprehensive ordinance codes

46-2.2 Publication of supplements

46-3 Repealed

46-3.5 Repealed

46-4 County zoning

46-4.1 Repealed

46-4.2 Nonsignificant zoning changes

46-4.5 Ordinances establishing historical, cultural, and

scenic districts

46-5 Planning and traffic commissions; creation

46-6 Parks and playgrounds for subdivisions

46-6.5 Public access

46-7 Agreements with federal government; use of funds

46-8 State and county co-sponsorship of programs

46-9 Expenditures of money for sister-city relationships

46-10 County bands; travel

46-11 Federal flood insurance

46-11.5 Maintenance of channels, streambeds, streambanks, and

drainageways

46-12 Cleaning shores and beaches of seaweed, limu, and

debris

46-12.5 State beach park lifeguard services

46-13 Each county to determine its own number of fire

stations

46-13.1 Volunteer fire stations

46-14 Repealed

46-14.5 Land use density and infrastructure; low-income

rental units

46-15 Experimental and demonstration housing projects

46-15.01 Limitation of application

46-15.1 Housing; county powers

46-15.2 Housing; additional county powers

46-15.25 Infrastructure dedication; affordable housing

46-15.3 Regulation of adult family boarding home and care home

46-15.35 Family child care homes; permitted use in residential

areas and agriculturally designated districts

46-15.36 Hospice homes; permitted use in residential areas

46-15.39 Repealed

46-15.4 Administrative inspections and warrants

46-15.5 Cooperation by state departments

46-15.6 Definitions

46-15.7 Concurrent processing

46-15.9 Traffic regulation; repair and maintenance; public

right to use public streets, roads, or highways whose

ownership is in dispute

46-16 Traffic regulation and control over private streets

46-16.2 Commuter benefits program

46-16.3 Regulation of commercial bicycle tours

46-16.5 Public passenger vehicle regulation

46-16.7 Repealed

46-16.8 County surcharge on state tax

46-17 Regulation of certain public nuisances

46-18 Central coordinating agency

46-19 Development of alternative energy resources

46-19.1 Facilities for solid waste processing and disposal and

electric generation; financing; sale

46-19.4 Priority permitting process for renewable energy

projects

46-19.5 Energy conservation standards for building design and

construction

46-19.6 County building permits; incorporation of energy and

environmental design building standards in project

design; priority processing

46-19.7 Individual shower control valves required

46-19.8 Fire sprinklers; residences

46-20 Regulation of sewerage and wastewater treatment

systems

46-20.1 County ownership of sewer transmission lines and

facilities servicing Hawaiian home lands

46-20.5 Regulation of towing operations

Part II. Officers and Employees

46-21, 21.5 Repealed

46-22 Compensation of certain county officials

46-22.1 Salaries of members of council

46-23 Salaries of department heads, deputies, assistants;

fixed how

46-24 Limitation on salary of first deputy or assistant

46-25 Salaries of county officers and employees; moneys

payable into treasury

46-25.5 Expenses

46-26 Bonds of county officers; form

46-27 Approval of bonds

46-28 Extent of liability

46-29 Certain notarial powers conferred upon county officers

46-30 Transfer of civil service personnel on reorganization

46-31 Transfer of noncivil service personnel on

reorganization

46-32 Employees of council

46-33 Exemption of certain county positions

46-34 Civil service exemptions

46-35 Firefighters, counsel for

46-36 Authority of counties to engage in the process of

managed competition; established

Part III. Fiscal Administration

46-41 Budgets; financial records on fiscal year basis

46-42 Reports by fiscal officers

46-43 County records

46-44 Repealed

46-44.5 Lapsed warrant

46-45 Excessive expenditures; penalty

46-46 Excess expenditures; when permitted

46-47 Franchise fees, disposition of

46-48 Deposit of funds in banks

46-49 Interest on deposits

46-50 Short term investment of county moneys

46-51 Deposit of securities with mainland depositories

46-52 Deposit of securities

46-53 Loans to the State

46-54 Collection of delinquent license fees, taxes, and

other amounts

46-55 Schedule of council anticipated expenditures

46-56 Purchasing

Part IV. Real and Personal Property

46-61 Eminent domain; purposes for taking property

46-62 Eminent domain; proceedings according to chapter 101

46-63 Gift or sale of county property for care of aged

persons

46-64 Disposition of surplus property

46-65 Parks in the charge of council

46-65.5 Exchange of park property

46-65.6 Thomas Square; to be maintained

46-65.7 Ala Wai golf course

46-66 Disposition of real property

Part V. Miscellaneous

46-71 Service of process upon county

46-71.5 Indemnification of county agencies

46-72 Liability for injuries or damages; notice

46-72.5 Counties’ limited liability for skateboard activities

at public skateboard parks

46-73 Claims for legislative relief; conditions

46-74 Waiver of exemption from assessment for improvements

46-74.1 Exemption from improvement assessments

46-74.2 Public land or land exempt from taxation, etc.; cost

otherwise assessable against borne by city and county

46-75 Improvement bonds exempt from taxation

46-76 Location of utility facilities in improvement

districts

46-77 Underground utility facilities in improvement

districts

46-78 Improvement districts, initiation by the State

46-79 CUSIP numbers for district improvement bonds or

improvement district bonds of counties

46-80 Improvement by assessment; financing

46-80.1 Community facilities district

46-80.5 Special improvement district

46-81 Reserve funds for payment of improvements

46-85 Contracts for solid waste disposal

46-86 Transactions for utility services

46-87 Liquidated damages

46-88 Agricultural buildings and structures; exemptions from

building permit and building code requirements

46-89 Broadband-related permits; automatic approval

Part VI. Tax Increment Financing

46-101 Short title

46-102 Definitions

46-103 Establishment of tax increment district

46-104 County powers

46-105 Collection of tax increments

46-106 Tax increment bonds

46-107 Tax increment bond anticipation notes

46-108 Annual report

46-109 Termination of a tax increment district

46-110 Tax increment fund

46-111 Computation of tax increment

46-112 Tax on leased redevelopment property

46-113 Cumulative effect

Part VII. Development Agreements

46-121 Findings and purpose

46-122 Definitions

46-123 General authorization

46-124 Negotiating development agreements

46-125 Periodic review; termination of agreement

46-126 Development agreement; provisions

46-127 Enforceability; applicability

46-128 Public hearing

46-129 County general plan and development plans

46-130 Amendment or cancellation

46-131 Administrative act

46-132 Filing or recordation

Part VIII. Impact Fees

46-141 Definitions

46-142 Authority to impose impact fees; enactment of

ordinances required

46-142.5 School impact districts; new building permit

requirements

46-143 Impact fee calculation

46-144 Collection and expenditure of impact fees

46-145 Refund of impact fees

46-146 Time of assessment and collection of impact fees

46-147 Effect on existing ordinances

46-148 Transitions

Part IX. Transfer of Development Rights

46-161 Findings and purpose

46-162 Definitions

46-163 Conditions for the transfer of development rights

46-164 Procedures

46-165 Other rights not affected

Part X. Qui Tam Actions or Recovery of

False Claims to the Counties

46-171 Actions for false claims to the counties; qui tam

actions

46-172 Civil actions for false claims

46-173 Evidentiary determination; burden of proof

46-174 Statute of limitations

46-175 Action by private persons

46-176 Rights of parties to qui tam actions

46-177 Awards to qui tam plaintiffs

46-178 Repealed

46-179 Fees and costs of litigation

46-180 Relief from retaliatory actions

46-181 Certain actions barred

Note

Broadband services; exemption from certain permitting processes. L 2011, c 151; L 2013, c 264; L 2016, c 193, §§1, 2.

City and county of Honolulu to take ownership of specified road or parcel upon acceptance of funds. L 2016, c 194, §4.

Non-school hour programs for children and youth, annual report by state office of youth services. L 2006, c 281.

Public land trust information system. L 2011, c 54; L 2013, c 110.

Roads commission; private roads disputes; reports to 2018-2019 legislature (ceases to exist June 30, 2018). L 2016, c 194, §2.

Cross References

Access Hawaii committee (management of State’s internet portal), see chapter 27G.

Acquisition of resource value lands, see chapter 173A.

Complete streets, see §264-20.5.

Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see §663-1.56.

Emergency management, see chapter 127A.

Employment of retirants, see §88-9.

Exception to liability for county lifeguard services, see §663-1.52.

Important agricultural lands, see §§205-41 to 52.

Information privacy and security council; personal information security, see §§487N-5 to 7.

Legacy land conservation commission, see §173A-2.4.

Neighborhood board, see §§92-81 to 83.

Parental preference in government contract and services, see §577-7.5.

Personal information policy and oversight responsibilities for government agencies, see §487J-5.

Small business regulatory flexibility act, see chapter 201M.

Uniform electronic transactions act, see chapter 489E.

Case Notes

Chapter did not preempt ordinance relating to residential condominium leasehold conversion. 76 H. 46, 868 P.2d 1193.

We make every effort to comply to ADA standards, and Section 508 of the Rehabilitation Act.

Visit our ADA page here. If you have any problems with any of these pages, please

contact the webmaster with the page address and problems encountered.

You may view our Privacy Policy here.

HRS §444-1

§444-1  Definitions.  As used in this chapter:

"Board" means the contractors license board.

"Chlorofluorocarbon" or "CFC" means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds.

"Contractor" means any person who by oneself or through others offers to undertake, or holds oneself out as being able to undertake, or does undertake to alter, add to, subtract from, improve, enhance, or beautify any realty or construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement, or do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.

"Contractor", to the extent allowed under federal law includes a subcontractor, a specialty contractor, and any person, general engineering, general building, or specialty contractor who performs any of the activities listed in the previous paragraph directly or indirectly for the federal government.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Hydrochlorofluorocarbon" or "HCFC" means any member of the family of substances containing hydrogen, carbon, fluorine, and chlorine, including, without limitation, those compounds known as HCFC-22 and HCFC-123 and any combination or mixture containing any of three hydrochlorofluorocarbon compounds.

"Investigator" means any person employed by the department of commerce and consumer affairs to investigate matters relating to any person who furnishes commodities or services for which a license is required from the department or any board or commission thereunder.

"Refrigerant recovery and recycling equipment" means a device used to recover and to purify CFCs from a device for later reuse.

"RME" means responsible managing employee.

"Sale" means any arrangement between two or more persons as a result of which there is, or is to be, a transfer of property for a consideration.

If any provision of this section, or the application thereof to any person, or circumstances, is held to be invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. [L 1957, c 305, §1(s 1); Supp, §166A-1; HRS §444-1; am L 1969, c 56, §1; am L 1970, c 203, §2; am L 1974, c 112, §1(2); am L 1983, c 274, §2; am L 1984, c 98, §1; gen ch 1985; am L 1989, c 77, §9; am L 1990, c 316, §7; am L 1992, c 202, §62 and c 264, §8; am L 2000, c 286, §3]

Note

Definition of "state resident" for purposes of federal construction employment preferences.  L 2000, c 286, §§1, 2.

Cross References

Ozone layer protection; CFCs, see chapter 342C.

Case Notes

Honolulu ordinances setting forth requirements for issuance of electrical contractor's license are invalid under §70-105, since this chapter indicates legislative intent to be the exclusive legislation applicable to contractors.  52 H. 550, 481 P.2d 116 (1971).

HRS §444-2.5

§444-2.5  Owner-builder exemption.  (a)  This chapter shall not apply to owners or lessees of property who build or improve residential or farm buildings or structures on property for their own use, or for use by their grandparents, parents, siblings, or children, and who do not offer the buildings or structures for sale or lease; provided that:

(1)  To qualify for an exemption under this section, the owner or lessee shall register for the exemption as provided in section 444-9.1;

(2)  The exemption under this section shall not apply to electrical or plumbing work that must be performed only by persons or entities licensed in accordance with this chapter, unless the owner or lessee of the property is licensed for such work under chapter 448E;

(3)  An owner or lessee exempted under this section shall:

(A)  Supervise the construction activity on the exempt buildings or structures;

(B)  Hire subcontractors appropriately licensed under this chapter to perform any part of the construction activity for which a license is required;

(C)  Ensure that any electrical or plumbing work is performed by persons and entities appropriately licensed under this chapter or chapter 448E;

(D)  Deduct Federal Insurance Contributions Act and withholding taxes and provide workers' compensation insurance for persons working on the construction activity who are not licensed under this chapter or chapter 448E and who shall be considered employees of the owner or lessee; and

(E)  Ensure that the construction activity complies with all applicable laws, ordinances, building codes, and zoning regulations;

(4)  Until completion of the construction activity, an owner or lessee exempted under this section shall make available the following records for immediate inspection upon request by the department:

(A)  A copy of the building permit application;

(B)  A copy of the issued building permit;

(C)  Copies of all contracts with the names of all persons who performed or are performing work on the exempt buildings and structures; and

(D)  Proof of payment to all persons contracted to work on the exempt buildings and structures; and

(5)  Upon completion of the construction activity, an owner or lessee exempted under this section shall keep and maintain the records identified in paragraph (4) for a period of three years from completion of the construction activity and shall make the records available for inspection within seven business days upon request by the department.

(b)  Proof of the sale or lease, or offering for sale or lease, of the structure within one year after completion shall be prima facie evidence that the construction or improvement of the structure was undertaken for the purpose of sale or lease; provided that this subsection shall not apply to:

(1)  Residential properties sold or leased to employees of the owner or lessee;

(2)  Construction or improvements performed pursuant to an approved building permit where the estimated valuation of work to be performed, as reflected in the building permit, is less than $10,000; or

(3)  Any sale or lease caused by an eligible unforeseen hardship as determined by the board pursuant to subsection (c).

(c)  The board shall determine the eligibility of an unforeseen hardship claimed by an owner under subsection (b); provided that an alleged unforeseen hardship shall not be deemed eligible if the board determines that the construction or improvement of the structure was undertaken for the purpose of sale or lease.  An exemption for an unforeseen hardship shall not be denied solely because of lack of completion, as the term is defined in subsection (e).  An owner seeking a determination of eligibility of an unforeseen hardship shall:

(1)  Be in compliance with the requirements set forth in the disclosure statement required to be provided under section 444-9.1; and

(2)  Submit a written application to the board at any time prior to selling, leasing, or offering to sell or lease the property describing the nature of the applicant's unforeseen hardship.  The application shall include supporting documentation detailing the hardship, such as:

(A)  Evidence of receipt of unemployment compensation;

(B)  Tax returns;

(C)  Medical records;

(D)  Bank statements;

(E)  Divorce decrees ordering sale of property;

(F)  Mortgage default letters; or

(G)  Bankruptcy filings.

The board shall communicate its determination to the owner in writing within ninety days of receiving a completed application under this subsection.

(d)  Any owner or lessee of property found to have violated this section shall not be permitted to engage in any activities pursuant to this section or to register under section 444-9.1 for a period of three years.  There is a rebuttable presumption that an owner or lessee has violated this section when the owner or lessee obtains an exemption from the licensing requirements of section 444-9 more than once in two years.

(e)  For the purposes of this section, "completion" means the date of final inspection approval by the county.

(f)  An owner or lessee exempted under this section shall not be eligible to recover from the contractors recovery fund.

(g)  This section shall not apply to agricultural buildings, structures, or appurtenances thereto that do not require a building permit or are exempt from the building code. [L 2010, c 44, §2; am L 2011, c 115, §1; am L 2013, c 176, §2]

HRS §444-7

§444-7  Classification.  (a)  For the purpose of classification, the contracting business includes any or all of the following branches:

(1)  General engineering contracting;

(2)  General building contracting;

(3)  Specialty contracting.

(b)  A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects:  irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and installations, mines and metallurgical plants, land levelling and earth-moving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed works.

(c)  A general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.

(d)  A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill such as, but not limited to, electrical, drywall, painting and decorating, landscaping, flooring, carpet laying by any installation method, plumbing, or roofing work, and others whose principal contracting business involves the use of specialized building trades or crafts. [L 1957, c 305, §1(s 6); Supp, §166A-6; HRS §444-7; am L 1989, c 162, §1]

HRS §444-9.1

§444-9.1  Issuance of building permits; owner-builder registration.  (a)  Each county or other local subdivision of the State which requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure shall also require that each applicant for such a permit file as a condition to the issuance of a permit a statement that the applicant and all specialty contractors are licensed in accordance with this chapter, giving the license numbers and stating that the licenses are in full force and effect, or, if the applicant is exempt from this chapter, the basis for the claimed exemption; provided that if the applicant claims an exemption under section 444-2.5, the applicant shall certify that the building or structure is for the applicant's personal use and not for use or occupancy by the general public.  Each county or local subdivision of the State shall maintain an owner-builder registration list which shall contain the following information:

(1)  The name of any owner or lessee who claims an exemption from this chapter as provided in section 444-2.5;

(2)  The address of the property where exempt building or improvement activity is to occur;

(3)  A description of the type of building or improvement activity to occur;

(4)  The approximate dates of construction activity; and

(5)  Whether any electrical or plumbing work is to be performed and if so, the name and license number of the person or entity who will do the work.

The absence of such registration is prima facie evidence that the exemption in section 444-2.5 does not apply.

(b)  The county shall verify the license against a list of licensed contractors provided by the state contractors licensing board, which list shall be updated at least quarterly.  The county shall also verify that the applicant is in fact the contractor so licensed or the contractor's duly authorized agent.

(c)  The county shall provide applicants for the exemption under section 444-2.5 with a disclosure statement in substantially the following form:

"Disclosure Statement

State law requires construction to be done by licensed contractors.  You have applied for a permit under an exemption to that law.  The exemption provided in section 444-2.5, Hawaii Revised Statutes, allows you, as the owner or lessee of your property, to act as your own general contractor even though you do not have a license.  You must supervise the construction yourself.  You must also hire licensed subcontractors.  The building must be for your own use and occupancy.  It may not be built for sale or lease.  If you sell or lease a building you have built yourself within one year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of the exemption, and you may be prosecuted for this.  It is your responsibility to make sure that subcontractors hired by you have licenses required by state law and by county licensing ordinances.  Electrical or plumbing work must be performed by contractors licensed under chapters 448E and 444, Hawaii Revised Statutes.  Any person working on your building who is not licensed must be your employee which means that you must deduct F.I.C.A. and withholding taxes and provide workers' compensation for that employee, all as prescribed by law.  Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations.  If you violate section 444-2.5 or fail to comply with the requirements set forth in this disclosure statement, you may be fined $5,000 or forty per cent of the appraised value of the building as determined by the county tax appraiser, whichever is greater, for the first offense; and $10,000 or fifty per cent of the appraised value of the building as determined by the county tax appraiser, whichever is greater, for any subsequent offense."

The county shall not issue a building permit to the owner-applicant until the applicant signs a statement that the applicant has read and understands the disclosure form.

(d)  A county building inspector or other building official shall report to the regulated industries complaints office the name and address of any person, who, in the opinion of the building inspector or official, has violated this chapter by accepting or contracting to accomplish work which would classify the person as a contractor under this chapter. [L 1974, c 112, pt of §1(1); am L 1978, c 147, §1; am L 1985, c 215, §2; gen ch 1985; am L 1989, c 142, §3; am L 1992, c 258, §2; am L 1996, c 172, §4; am L 2010, c 44, §4]

HRS §444-9.5

§444-9.5  Performance of electrical and plumbing work; licensing of electrical and plumbing workers.  (a)  A person licensed as an electrical or plumbing contractor under this chapter may enter into contracts to perform electrical or plumbing work, respectively; provided that:

(1)  If the contractor's responsible managing employee, which includes a sole proprietor, is not licensed in accordance with chapter 448E, the contractor shall employ individuals licensed in accordance with chapter 448E to actually perform the electrical or plumbing work, respectively, subject to this section; and

(2)  Employees of a community antennae television company and employees of a public utility within the State that is franchised or chartered by the State and regulated by the public utilities commission shall be exempt from this section while so employed and acting within the scope of their employment.

(b)  At least half of all individuals performing electrical or plumbing work employed on a construction job site by an electrical or plumbing contractor shall be licensed in accordance with chapter 448E.  The board may waive this requirement in any county when there are insufficient licensed electrical or plumbing workers in that county to comply with this section.

(c)  All individuals employed on a construction job site by an electrical or plumbing contractor who are licensed in accordance with chapter 448E shall visibly display their license on their person while on the construction job site.  Only individuals displaying their license at the time of a site inspection shall be counted as a licensee to determine compliance with this section. [L 1971, c 183, §2; gen ch 1985; am L 2006, c 274, §2; am L 2010, c 28, §2; am L 2017, c 173, §2]

Note

Applicability of L 2017, c 173.  L 2017, c 173, §3.

HRS §448E-1

§448E-1  Definitions.  As used in this chapter, unless otherwise indicated by the context:

"Board" means the board of electricians and plumbers.

"Journey worker electrician" means any person who has been licensed by the board as a journey worker electrician to perform electrical work.

"Journey worker industrial electrician" means any person who has been licensed by the board as a journey worker industrial electrician to perform and maintain electrical work related to substation, switchgear, automatic controls, and all other industrial electrical work in existing industrial buildings and work places.

"Journey worker plumber" means any person who has been licensed by the board as a journey worker plumber to direct and supervise the performance of plumbing work and to perform plumbing work.

"Journey worker specialty electrician" means any person who has been licensed by the board as a journey worker specialty electrician to perform electrical work related to installing, repairing, altering, and maintaining but not the attachment of lighting and power circuits to, the following:  electronic equipment, sound public address systems, and communication systems, other than equipment and systems for a single-family or two-family dwelling; master or community radio and television receiving antenna systems; sound recording systems, other than systems for a single-family or two-family dwelling; burglar and fire alarm systems; low voltage remote control, other than a control for a single-family or two-family dwelling; and low voltage communication signal systems.

"Maintenance electrician" means any person who has been licensed by the board as a maintenance electrician to maintain electrical work.

"Master plumber" means any person who has been licensed by the board as a master plumber to direct and supervise the performance of plumbing work and to perform plumbing work and who provides overall supervision and general direction and is responsible for proper installation of plumbing work.

"Supervising electrician" means any person who has been licensed by the board as a supervising electrician to direct and supervise the performance of electrical work and to perform electrical work.

"Supervising industrial electrician" means any person who has been licensed by the board as a supervising industrial electrician to direct and supervise electrical work related to substation, switchgear, automatic controls, and all other industrial electrical work in existing industrial buildings and work places.

"Supervising specialty electrician" means any person who has been licensed by the board as a supervising specialty electrician to direct and supervise the performance of electrical work related to installing, repairing, altering, and maintaining, but not the attachment of lighting and power circuits, to the following:  electronic equipment, sound public address systems, other than equipment and systems for a single-family or two-family dwelling; master or community radio and television receiving antenna system; sound recording systems other than systems for a single-family or a two-family dwelling; burglar and fire alarm systems; low voltage remote control, other than control for a single-family or two-family dwelling; and low voltage communication signal systems. [L 1971, c 183, pt of §1; am L 1972, c 196, §1; am L 1973, c 95, §1; am L 1974, c 27, §1; am L 1982, c 205, §1; am L 1983, c 56, §2; gen ch 1993]

Revision Note

Numeric designations deleted and definitions rearranged.

HRS §448E-11

§448E-11  Injunction.  The board may, in addition to any other remedy available, apply to a circuit court judge for a temporary restraining order or preliminary or permanent injunction restraining any person from acting, or assuming to act, as a journey worker electrician, journey worker specialty electrician, supervising electrician, supervising specialty electrician, maintenance electrician, journey worker industrial electrician, supervising industrial electrician, journey worker plumber, or master plumber without a license previously obtained in compliance with this chapter and the rules of the board, and upon hearing and for cause shown, the judge may grant the temporary restraining order or preliminary or permanent injunction. [L 1971, c 183, pt of §1; am L 1972, c 196, §4; am L 1982, c 205, §5; am L 1983, c 56, §6; gen ch 1993]

HRS §448E-13

§448E-13  Exemption of public utility and community antennae television company personnel; annual reports.  [Repeal and reenactment on June 30, 2027.  L 2022, c 68, §3.]  (a)  The following persons shall be exempt from this chapter:

(1)  All employees of a public utility within the State under a franchise or charter granted by the State that is regulated by the public utilities commission and community antennae television company, while so employed; and

(2)  Employees of an electrical contractor duly licensed under chapter 444; provided that:

(A)  The contractor is retained by a public utility within the State under a franchise or charter granted by the State that is regulated by the public utilities commission to perform high voltage electrical work for the public utility;

(B)  After solicitation of a request for proposal to licensed contractors specifying the high voltage work requested, the public utility certifies to the board that no electricians, including electricians employed by C-62 pole and line or C-63 high voltage electrical contractors, responded to the request for proposal who were:

(i)  Sufficiently qualified and licensed in the State; and

(ii)  Available and able to perform or timely complete the high voltage electrical work or task,

before the contractor hired by the public utility recruited qualified electricians outside the State; provided further that the public utility shall make its request for proposals available through its website in an electronic format to C-62 pole and line and C-63 high voltage electrical contractors;

(C)  The public utility submits an annual report to the board covering the preceding calendar year that identifies, at a minimum:

(i)  The number of qualified contractors the public utility employed to perform high voltage electrical work; and

(ii)  The number of requests for proposals solicited for high voltage work;

(D)  The employees are deemed qualified by the public utility to perform high voltage electrical work; and

(E)  The exemption is limited to the use by a public utility for high voltage electrical workers who perform electric transmission and distribution line construction, maintenance, and connection to substation work;

provided further that in no circumstance shall the persons be less qualified than the public utility's own employees who perform high voltage electrical work.

(b)  Persons retained by a public utility pursuant to subsection (a)(2) shall be exempt from the provisions of section 444-9.5.

(c)  For purposes of this section, "high voltage" means six hundred volts or higher. [L 1971, c 183, §3; am L 1972, c 196, §6; am L 2013, c 65, §§2, 4; am L 2018, c 60, §2; am L 2022, c 68, §2]

Note

The L 2022, c 68 amendment adding subsection (c) is exempt from the repeal and reenactment condition of L 2013, c 65, §4, as amended by L 2018, c 60, §2 and L 2022, c 68, §3.  L 2022, c 68, §6.

HRS §448E-2

§448E-2  Board; appointment.  There is established the board of electricians and plumbers consisting of seven members.  Two of the members shall be engaged in the electrical trade and two of the members shall be engaged in the plumbing trade.  Three of the members shall be private citizens not connected with the industry. [L 1971, c 183, pt of §1; am L 1982, c 204, §8; am L 1992, c 202, §79]

HRS §448E-4

§448E-4  Powers and duties of board.  In addition to any other powers and duties authorized by law, the board shall have all the powers and duties necessary or convenient to carry out and effectuate this chapter, including but not limited to the following powers and duties:

(1)  To grant licenses which shall be renewable for:

(A)  Journey worker electricians;

(B)  Journey worker specialty electricians;

(C)  Supervising electricians;

(D)  Supervising specialty electricians;

(E)  Master plumbers;

(F)  Journey worker plumbers;

(G)  Maintenance electricians;

(H)  Journey worker industrial electricians; and

(I)  Supervising industrial electricians;

(2)  To adopt, amend, or repeal rules in accordance with chapter 91 as it may deem proper to effectuate this chapter and to insure the safety and welfare of the general public; provided that the rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

(3)  To enforce this chapter and rules adopted pursuant to this chapter and chapter 91, including the denial, suspension, or revocation of any license; and

(4)  To examine all applicants and licensees to determine their qualifications prior to the issuance or renewal of licenses. [L 1971, c 183, pt of §1; am L 1972, c 196, §2; am L 1978, c 99, §1; am L 1979, c 105, §43; am L 1982, c 205, §2; am L 1983, c 56, §3; am L 1992, c 202, §80; gen ch 1993; am L 1994, c 215, §3]

Attorney General Opinions

Applications for licenses are not public records within meaning of §92-50 and are not open for public inspection.  Att. Gen. Op. 75-7.

HRS §448E-5

§448E-5  Minimum requirements.  (a)  Except as otherwise provided in subsection (b), an applicant shall possess the following minimum qualifications:

(1)  Journey worker electrician:  To be eligible for the journey worker electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of experience in residential or commercial wiring of at least five years full-time or its equivalent, but not less than ten thousand hours, in the trade under the supervision of a journey worker or supervising electrician;

(2)  Journey worker specialty electrician:  To be eligible for the journey worker specialty electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of at least five years' experience in the trade;

(3)  Supervising electrician:  To be eligible for the supervising electrician examination, an applicant shall have been registered with the board as a journey worker electrician for at least a period of four years or shall have equivalent experience in the trade;

(4)  Supervising specialty electrician:  To be eligible for the supervising specialty electrician examination, an applicant shall have been registered with the board as a journey worker specialty electrician for at least a period of four years or shall have equivalent experience in the trade;

(5)  Journey worker plumber:  To be eligible for the journey worker plumber examination, an applicant shall provide satisfactory evidence of experience of at least five years' full-time or its equivalent, but not less than ten thousand hours, as a journey worker's or master plumber's helper;

(6)  Master plumber:  To be eligible for the master plumber examination, an applicant shall have been registered with the board as a journey worker plumber for at least two years or shall have equivalent experience in the trade;

(7)  Maintenance electrician:  To be eligible for the maintenance electrician examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of at least one year of experience in performing electrical maintenance work or two years of schooling in the electrical trade;

(8)  Journey worker industrial electrician:  To be eligible for the journey worker industrial electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of experience in industrial electrical work of at least five years full-time or its equivalent, but not less than ten thousand hours;

(9)  Supervising industrial electrician:  To be eligible for the supervising industrial electrician examination, an applicant shall have been registered with the board as a journey worker industrial electrician for a period of at least four years or shall have equivalent experience in the trade.

(b)  Effective July 1, 2013, an applicant for licensing pursuant to this chapter shall possess the following minimum qualifications:

(1)  Journey worker electrician:  To be eligible for the journey worker electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of:

(A)  Experience in residential or commercial wiring of at least five years full-time or its equivalent, but not less than ten thousand hours, in the trade under the supervision of a journey worker or supervising electrician; and

(B)  Satisfactory completion, accepted by a University of Hawaii community college offering an appropriate program of study, of two hundred forty hours of electrical academic coursework;

(2)  Journey worker specialty electrician:  To be eligible for the journey worker specialty electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of:

(A)  Experience of at least three years full-time or its equivalent, but not less than six thousand hours, in the trade under the supervision of a journey worker electrician, supervising electrician, journey worker specialty electrician, or supervising specialty electrician; and

(B)  Satisfactory completion, accepted by a University of Hawaii community college offering an appropriate program of study, of one hundred twenty hours of electrical academic coursework;

(3)  Supervising electrician:  To be eligible for the supervising electrician examination, an applicant shall have been registered with the board as a journey worker electrician for at least a period of four years or shall have equivalent experience in the trade;

(4)  Supervising specialty electrician:  To be eligible for the supervising specialty electrician examination, an applicant shall have been registered with the board as a journey worker specialty electrician for at least a period of two years or shall have equivalent experience in the trade;

(5)  Journey worker plumber:  To be eligible for the journey worker plumber examination, an applicant shall provide satisfactory evidence of experience of at least five years' full-time or its equivalent, but not less than ten thousand hours, as a journey worker's or master plumber's helper;

(6)  Master plumber:  To be eligible for the master plumber examination, an applicant shall have been registered with the board as a journey worker plumber for at least two years or shall have equivalent experience in the trade;

(7)  Maintenance electrician:  To be eligible for the maintenance electrician examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of:

(A)  At least one year of experience in performing electrical maintenance work plus satisfactory completion, accepted by a University of Hawaii community college offering an appropriate program of study, of at least eighty hours of electrical academic coursework; or

(B)  Two years of schooling in the electrical trade with not less than one thousand hours of hands-on lab exercises;

(8)  Journey worker industrial electrician:  To be eligible for the journey worker industrial electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of:

(A)  Experience in industrial electrical work of at least four years full-time or its equivalent, but not less than eight thousand hours; and

(B)  Satisfactory completion, as accepted by a University of Hawaii community college offering an appropriate program of study, of two hundred hours of electrical academic coursework; and

(9)  Supervising industrial electrician:  To be eligible for the supervising industrial electrician examination, an applicant shall have been registered with the board as a journey worker industrial electrician for a period of at least three years or shall have equivalent experience in the trade. [L 1971, c 183, pt of §1; am L 1972, c 2, §20 and c 196, §3; am L 1982, c 205, §3; am L 1983, c 38, §1 and c 56, §4; am L 1991, c 117, §1; gen ch 1993; am L 2010, c 35, §1]

HRS §448E-8

§448E-8  Fees; renewals.  (a)  Renewal fees shall be paid to the board before July 1.

(b)  Plumbers shall renew the license every three years effective June 30, 2006 and shall pay all required fees.  Prior to the June 30, 2009 renewal of the license, and prior to every license renewal thereafter, the applicant shall:

(1)  Pay all required fees; and

(2)  Meet the requirements prescribed in section 448E‑8.5.

(c)  Electricians shall renew the license every three years effective with the July 1, 1996, renewal; provided that prior to the renewal of the license the applicant shall:

(1)  Pay all required fees; and

(2)  Meet the requirements prescribed in section 448E-8.5.

(d)  Failure, neglect, or refusal of any licensee to pay the renewal fee or meet the requirements of section 448E-8.5 before the renewal date shall constitute a forfeiture of the license.  Any license so forfeited may be restored upon written application within one year from the date of forfeiture, upon payment of the required renewal fee plus penalty fees and upon meeting the requirements in section 448E-8.5. [L 1971, c 183, pt of §1; am L 1975, c 118, §13; am L 1992, c 202, §81; am L 1994, c 215, §4; am L 2004, c 127, §1]

HRS §448E-8.5

§448E-8.5  Continued competency; license renewals.  (a)  Prior to each license renewal, all licensed electricians except maintenance electricians shall:

(1)  Furnish the board with proof of attendance at an educational course related to current updates of the National Electrical Code conducted or approved by the community colleges; or

(2)  Successfully complete an examination prescribed by the board on current updates to the National Electrical Code.  The board shall contract with a professional testing agency to prepare, administer, and grade the examination.  Fees related to the examination shall be paid by the licensee directly to the professional testing agency.

(b)  Prior to each license renewal, all licensed plumbers shall:

(1)  Furnish the board with proof of attendance at an educational course related to current updates of the Uniform Plumbing Code conducted or approved by the community colleges; or

(2)  Successfully complete an examination prescribed by the board on current updates to the Uniform Plumbing Code. The board shall contract with a professional testing agency to prepare, administer, and grade the examination.  A licensee shall pay all fees related to the examination directly to the professional testing agency.

(c)  A licensee who has been issued a new license within one year of the renewal date shall not be required to take the course or the examination to renew the licensee's license. [L 1994, c 215, §2; am L 1997, c 76, §1; am L 2004, c 127, §2]

HRS §448E-9

§448E-9  Unlicensed activity.  (a)  No person shall act or assume to act as a journey worker electrician, journey worker specialty electrician, supervising electrician, supervising specialty electrician, journey worker plumber, master plumber, maintenance electrician, journey worker industrial electrician, or supervising industrial electrician, or advertise or hold the person's self out as an electrician or plumber, without a license previously obtained in compliance with this chapter and the rules of the board; provided that any person may perform emergency plumbing repair work in the person's principal place of residence when such repairs do not involve or require rearrangement of valves, pipes, or fixtures; provided further that no such emergency repairs may be performed on sewer lines, drains, gas lines, and on fixtures being served with backflow devices which include heaters, water closets, dishwashers, and garbage disposal units.

For purposes of this subsection:

"Electrician" means any person who performs electrical work and includes but is not limited to any person who acts as a journey worker electrician, journey worker specialty electrician, supervising electrician, supervising specialty electrician, maintenance electrician, journey worker industrial electrician, or supervising industrial electrician.

"Plumber" means any person who performs plumbing work and includes but is not limited to any person who acts as a journey worker plumber or master plumber.

(b)  An apprentice or trainee learning the trade of a person licensed under this chapter shall not be required to have a license if the apprentice or trainee acts under the supervision of a person appropriately licensed under this chapter.

(c)  Upon entry of a judgment by a court of competent jurisdiction finding that the person has advertised in violation of this section, the entity furnishing voice communication  service to the violator shall disconnect the telephone number contained in the advertisement or listing. [L 1971, c 183, pt of §1; am L 1976, c 210, §1; am L 1978, c 209, §1; am L 1982, c 205, §4; am L 1983, c 56, §5; gen ch 1985, 1993; am L 2006, c 186, §1]

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)