STATEWIDE LAWS

 

Section 6. This article shall not limit the power of the legislature to enact laws of statewide concern. [Ren and am Const Con 1978 and election Nov 7, 1978]

 

Attorney General Opinions

 

Civil service systems defined in 76-77 and 46-33 are not substantively so different as to represent special, rather than general laws for purposes of this section and article VIII, 2 of state constitution. Att. Gen. Op. 97-6.

 

Law Journals and Reviews

 

Marsland v. First Hawaiian Bank: Home Rule and the Scope of the County Prosecutor's Power. 12 UH L. Rev. 261.

 

Case Notes

 

Plaintiff fireworks company was unlikely to succeed on the merits in alleging that a Honolulu city ordinance, prohibiting the importation of consumer fireworks into Honolulu, violated this section because the ordinance in question only regulated the possession, import, storage, and licensing of fireworks within the city and county of Honolulu and did not apply equally to the neighbor islands. 796 F. Supp. 2d 1261 (2011).

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

The power to set exemptions from real property taxation is not a matter of statewide concern reserved to the legislature under this section. 99 H. 508, 57 P.3d 433.

Where a Hawaii county ordinance made the enforcement of marijuana laws the lowest enforcement priority in the county, the ordinance conflicted with the Hawaii Penal Code and covered the same subject matter that the legislature intended to govern under chapter 329, and, therefore, was preempted. 132 H. 511 (App.), 323 P.3d 155 (2014).

 

 

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