Haw. Rev. Stat. § 45

Current through the 2024 Legislative Session
Section 45 - Title of laws

That each law shall embrace but one subject, which shall be expressed in its title.

This provision is mandatory: 3 H. 661; 22 H. 307; 35 H. 203. Does not apply to titles of subdivisions of a code: 12 H. 120. Should be liberally construed, it being satisfied if the provisions of the act are naturally connected and expressed in a general way in the title: 9 H. 171; 15 H. 299; 17 H. 201; 35 Hawai'i. 203. All the provisions need not be referred to in title: 3 H. 675; 16 H. 771, 780 (county act). A revision covering many subjects may be enacted as a whole by a separate short act: 17 H. 567; 25 H. 640. Court should, if possible, avoid holding an act invalid on ground that its title is too narrow: 18 H. 406; 17 H. 354. Portion not covered by title may be void and rest stand: 9 Hawai'i. 171; 40 H. 604; but not if the void portion is an essential part: 15 H. 365. Title may be broader but not narrower than the act and hence a proviso relating to taxes is void where title relates only to licenses: 22 Hawai'i. 307. Title referring to general subject matter of amendments did not violate section, 48 H. 370, 405 P.2d 772.

The title has greater weight in the construction of an act under a provision of this kind: 15 H. 331. Title of a subdivision of this act was considered in construing a subdivision: 42 C. Cls. R. 55. An act described in its title as an amendment of a preceding act, but which expressly repeals the preceding act, is not itself repealed: 9 Hawai'i. 171. The purposes of this provision are set forth in 7 H. 78; applied in 7 H. 508; 40 Hawai'i. 604. As to title of municipal ordinance, see 20 H. 559; 21 H. 19. As to whether a J.R. without a title expressing its subject may have force of law, see message of governor to legislature relative to House J.R. No. 8, session of 1911. Referred to in 16 Hawai'i. 245, 771; 22 H. 202. Cited: 35 H. 550; 41 H. 219.

HRS § 45