§50-15 Reserved powers.
198 words·~1 min read·
/hi/chapter-50/50-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§50-15 Reserved powers. Notwithstanding the provisions of this chapter, there is expressly reserved to the state legislature the power to enact all laws of general application throughout the State on matters of concern and interest and laws relating to the fiscal powers of the counties, and neither a charter nor ordinances adopted under a charter shall be in conflict therewith. [L 1963, c 73, pt of §2; Supp, §143A-16; HRS §50-15]
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
Generally on functions of statewide interest, if counties are not given specific authority, they cannot thwart the State. 56 H. 582, 545 P.2d 684.
"On matters of concern and interest" should be interpreted to mean "on matters of statewide concern and interest". 59 H. 65, 576 P.2d 1029.
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).