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Hawaii State Constitution

ARTICLE IX - PUBLIC HEALTH AND WELFARE


INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII

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THE CONSTITUTION OF THE STATE OF HAWAII

As Amended and in Force January 1, 2000

ARTICLE IX

PUBLIC HEALTH AND WELFARE

PUBLIC HEALTH

Section 1. The State shall provide for the protection and promotion of the public health. [Ren Const Con 1978 and election Nov 7, 1978]

CARE OF HANDICAPPED PERSONS

Section 2. The State shall have the power to provide for the treatment and rehabilitation of handicapped persons. [Ren and am Const Con 1978 and election Nov 7, 1978]

PUBLIC ASSISTANCE

Section 3. The State shall have the power to provide financial assistance, medical assistance and social services for persons who are found to be in need of and are eligible for such assistance and services as provided by law. [Ren and am Const Con 1978 and election Nov 7, 1978]

ECONOMIC SECURITY OF THE ELDERLY

Section 4. The State shall have the power to provide for the security of the elderly by establishing and promoting programs to assure their economic and social well-being. [Add Const Con 1978 and election Nov 7, 1978]

HOUSING, SLUM CLEARANCE, DEVELOPMENT AND REHABILITATION

Section 5. The State shall have the power to provide for, or assist in, housing, slum clearance and the development or rehabilitation of substandard areas. The exercise of such power is deemed to be for a public use and purpose. [Am HB 54 (1975) and election Nov 2, 1976; ren and am Const Con 1978 and election Nov 7, 1978]

MANAGEMENT OF STATE POPULATION GROWTH

Section 6. The State and its political subdivisions, as provided by general law, shall plan and manage the growth of the population to protect and preserve the public health and welfare; except that each political subdivision, as provided by general law, may plan and manage the growth of its population in a more restrictive manner than the State. [Add Const Con 1978 and election Nov 7, 1978]

PUBLIC SIGHTLINESS AND GOOD ORDER

Section 7. The State shall have the power to conserve and develop objects and places of historic or cultural interest and provide for public sightliness and physical good order. For these purposes private property shall be subject to reasonable regulation. [Ren and am Const Con 1978 and election Nov 7, 1978]

PRESERVATION OF A HEALTHFUL ENVIRONMENT

Section 8. The State shall have the power to promote and maintain a healthful environment, including the prevention of any excessive demands upon the environment and the State's resources. [Add Const Con 1978 and election Nov 7, 1978]

CULTURAL RESOURCES

Section 9. The State shall have the power to preserve and develop the cultural, creative and traditional arts of its various ethnic groups. [Add Const Con 1978 and election Nov 7, 1978]

PUBLIC SAFETY

Section 10. The law of the splintered paddle, mamala-hoe kanawai, decreed by Kamehameha I--Let every elderly person, woman and child lie by the roadside in safety--shall be a unique and living symbol of the State's concern for public safety.

The State shall have the power to provide for the safety of the people from crimes against persons and property. [Add Const Con 1978 and election Nov 7, 1978]

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Recent Personal Injury and Car Accident News

Savini v. University of Hawaii 113 Hawaii 459 (3/19/07), a recent decision of the Hawaii Supreme Court, has helped to clarify Hawaii law on auto accident claims against the State of Hawaii. That case addressed the conflict between (1) the general two year (from date of occurrence) deadline for filing claims against the State and (2) the general auto accident deadline of two years from the date of the accident or the date of the last payment of no fault (PIP) benefits, whichever is later. The Hawaii Supreme Court held that because auto claims against the State are typically not actionable until the threshold of $5,000.00 in medical expenses has been met, in the typical case an action can be filed against the State for two years after the date on which the threshold is met.



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Constitution of the State of Hawaii

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