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COMM. 010
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COMM. 010
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7/19/2018 10:49:51 AM
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7/13/2018 2:07:39 PM
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AGE CHC 1979-01-23
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. y <br /> • <br /> SUPREME COURT OF HAWAII-7 <br /> • Opinion of the Court <br /> • <br /> minin:;,,et qualification of five years of training and experi- <br /> ence in law enforcement, at least three of which shall have s <br /> . been in a responsible administrative capacity. HRS § 281-17 <br /> • <br /> (Supp. 1975)docs not expressly require any minimum qualifi- <br /> ' cation for the appointment of director of•the department of <br /> liquor control. Therefore, this section conflicts with HRS § <br /> •281-17 (Supp. 1975). • <br /> 8:• The provisions of sections 8-13.4 and 13-2.14 of the i <br /> revised charter prohibit the liquor control commission or any <br /> of its members from investigating complaints regarding viola- , { <br /> tions of State liquor control laws or the commission's rulesi <br /> and regulations and reporting such violations to the prosecut- I <br /> ing officer of the county. To this extent these provisions, <br /> therefore, conflict with HRS § 281-17 (Supp. 1975), which <br /> 1. <br /> authorizes the liquor control commission and each member <br /> thereof to investigate such violations and to report the viola- <br /> tions to the prosecuting officer. Appellants contend that the ' l <br /> conflict between these charter provisions and HRS § 281-17 <br /> (Supp. 1975) renders the charter provisions invalid. <br /> • of he appellants is that each of these <br /> The contention PP <br /> i . revised charter provisions specifically mentioned above is <br /> invalid under article VII of the State Constitution and•HRS § <br /> • ) 50-15. Appellants argue that the State Constitution does not <br /> i provide for true home rule charters'for political subdivisions <br /> E • of the State; that our State Constitution grants to political l <br /> i subdivisions only such powers as are delegated to them by the <br /> 4 legislature by general laws; that there are only three limited <br /> 1 exceptions to this legislative control over local affairs, and <br /> l division s right <br /> the political su <br /> is { <br /> oneof such exceptions <br /> Yaatre <br /> • .. r. � 'vand <br /> administrative structure <br /> to form its execut)ve,legislative <br /> and organization without legislative interference.2 They <br /> ifurther argue that these challenged charter amendments and <br /> 1 provisions are not concerned with executive, legislative and <br /> {e c <br /> 1 1 Appellants state that two other excepti„ns are: 11)The charter drafted by a <br /> 11 political subdivision need not be submitted to a legislative body for approval:and(2) <br /> the explicit prohibition found in article VII. seri" 4 that no law shall be passed <br /> mandating any political subdivision to pay any previously accrued claim. <br /> / .I <br /> I. <br /> 1 <br />
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