§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).
Notes of Decisions
Richardson v. City & Cnty. of Honolulu, 868 P.2d 1193 (Haw. 1994).
· cites it 28× “516, 519, 516D, 514A, and 421H, it violates article VIII, section 6 of the Hawai'i Constitution [26] and its implementing statuteHRS § 50-15 (1985). [27] Correlatively, the Trustees argue that Ordinance 91-95 conflicts with article IX, section 5 of the Hawai'i Constitution,…”
Hawaii Gov't Employees' Ass'n v. Cnty. of Maui, 576 P.2d 1029 (Haw. 1978).
· cites it 26× “The contention of the appellants is that each of these revised charter provisions specifically mentioned above is invalid under article VII of the State Constitution and HRS § 50-15. Appellants argue that the State Constitution does not provide for true home rule charters for…”
Cnty. of Kaua'i Ex Rel. Nakazawa v. Baptiste, 165 P.3d 916 (Haw. 2007).
· cites it 18× “HRS § 50-15 [(1993)] provides that there is expressly reserved to the State Legislature the power to enact all laws of general application through the State on matters relating to the fiscal powers of the counties (except as delegated to the counties), and neither a charter or…”
Save Sunset Beach Coalition v. City & Cnty. of Honolulu, 78 P.3d 1 (Haw. 2003).
· cites it 8× “Thus, any conflict between the State provisions and the county zoning ordinances is resolved in favor of the State statutes, by virtue of the supremacy provisions in article VIII, section 6 of the Hawai'i Constitution 33 and HRS § 50-15. 34 Thus, if an ordinance truly conflicts…”
Salavea v. City & Cnty. of Honolulu, 517 P.2d 51 (Haw. 1973).
· cites it 16× “HRS § 50-15, a statutory miniature "supremacy clause" reads: § 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…”
Ruggles v. Yagong., 353 P.3d 953 (Haw. 2015).
· cites it 10× “Finally, in HRS § 50-15 (2012), the legislature clearly provided that “[n]otwithstanding the provisions of this chapter [governing Charter Commissions], there is expressly reserved to the legislature the power to enact all laws of general application throughout the State on…”
Stallard v. Consol. Maui, Inc., 83 P.3d 731 (Haw. 2004).
· cites it 4× “” In conjunction with section 6, HRS § 50-15 (1993) relating to powers reserved to the state, provides that [njotwithstanding the provisions of this chapter, there is expressly reserved to the state legislature the power to enact all laws of general application throughout the…”
Kapuwai v. City & Cnty. of Honolulu, Dep't of Parks & Rec., 211 P.3d 750 (Haw. 2009).
· cites it 2× “3d at 17 ("[A]ny conflict between the State provisions and the county zoning ordinances is resolved in favor of the State statutes, by virtue of the supremacy provisions in article VIII, section 6 of the Hawai`i Constitution[ ] and HRS § 50-15.”
Kauai Springs, Inc. v. Plan. Comm'n, 312 P.3d 283 (Haw. App. 2013).
· cites it 4× “2005) and HRS § 50-15 (2012 Repl.). HRS § 46-1.5(13) provides that each county has the power to enact ordinances “not inconsistent with, or tending to defeat, the intent of any state statute[.”
Marsland v. First Hawaiian Bank, 764 P.2d 1228 (Haw. 1988).
· cites it 4× “Consistent with article VIII, section 6, the state legislature in HRS § 50-15 (1985) expressly retained the “power to enact all laws of general application throughout the State on matters of concern and interest.”
Ruggles v. Yagong, 323 P.3d 155 (Haw. App. 2014).
· cites it 6× “VIII, § 6; see also HRS § 50-15 (2012 Repl.). Article VIII section 6 of the Hawaii Constitution is implemented by HRS § 50-15, which provides: Notwithstanding the provisions of this chapter, there is expressly reserved to the state legislature the power to enact all laws of…”
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