15. All Territorial laws in force in the Territory of Hawaii at the time of its admission into the Union shall continue in force in the State of Hawaii, except as modified or changed by this Act or by the constitution of the State, and shall be subject to repeal or amendment by the Legislature of the State of Hawaii, except as provided in section 4 of this Act with respect to the Hawaiian Homes Commission Act, 1920, as amended; and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States: Provided, That, except as herein otherwise provided, a Territorial law enacted by the Congress shall be terminated two years after the date of admission of the State of Hawaii into the Union or upon the effective date of any law enacted by the State of Hawaii which amends or repeals it, whichever may occur first. As used in this section, the term "Territorial laws" includes (in addition to laws enacted by the Territorial Legislature of Hawaii) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Hawaii prior to its admission into the Union, and the term "laws of the United States" includes all laws or parts thereof enacted by the Congress that (1) apply to or within Hawaii at the time of its admission into the Union, (2) are not "Territorial laws" as defined in this paragraph, (3) are not in conflict with any other provision of this Act.

 

Attorney General Opinions

 

The two-year proviso terminating a territorial law enacted by Congress was intended to apply specifically to the administration of laws regulating intrastate commerce and is not applicable to the public land laws. Att. Gen. Op. 61-68.

 

Case Notes

 

A statute invalid under Sherman Act at time of statehood would not have been continued in force by this section. 283 F.2d 86, 89, note 2.

Concerning continuance of certain acts of Congress for two years, see 235 F. Supp. 705, 712.

As to cut-off period, Congress had in view specifically the termination of federal responsibility for the administration of laws regulating intrastate commerce. 44 H. 634, 361 P.2d 390.

Authority of Congress to provide for government of Hawaii prior to statehood was derived from Art. IV, 3, cl. 2, U.S. Const. 44 H. 634, 361 P.2d 390.

By section, C.A.B. jurisdiction over carriage by aircraft between places in the State continued to be an exception to rate-making authority of state public utilities commission during transition period. 44 H. 634, 361 P.2d 390.

Cited: 26 F.R.D. 384, 386.

 

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