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The Constitution
of the
State of Hawaii

Incorporating the November 7, 2006 election changes,
and including the annotation.

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Article IX - Public Health and Welfare

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Sections

1Public health
2Care of handicapped persons
3Public assistance
4Economic security of the elderly
5Housing, slum clearance, development and rehabilitation
6Management of state population growth
7Public sightliness and good order
8Preservation of a healthful environment
9Cultural resources
10Public safety

Note:

This article was renumbered from Article VIII to be Article IX by Const Con 1978 and election Nov 7, 1978. The former Article IX now appears as Article X.

Law Journals and Reviews:

Environmental Protection Based on State Constitutional Law: A Call for Reinterpretation. 12 UH L. Rev. 123.

9.1
Public health

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

Attorney General Opinions:

Enumeration of certain powers by this section was not intended to restrict the Legislature. Att. Gen. Op. 68-17.

9.2
Care of handicapped persons

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]

9.3
Public assistance

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]

9.4
Economic security of the elderly

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]

9.5
Housing, slum clearance, development and rehabilitation

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]

Case Notes:

Did not preempt ordinance relating to residential condominium leasehold conversion. 76 H. 46, 868 P.2d 1193.

9.6
Management of state population growth

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]

9.7
Public sightliness and good order

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]

Law Journals and Reviews:

Metromedia, Inc. v. City of San Diego: The Conflict Between Aesthetic Zoning and Commercial Speech Protection; Hawaii's Billboard Law Under Fire, Note. 5 UH L. Rev. 79.

Case Notes:

Applies to regulation of sign in industrial area. 50 H. 33, 429 P.2d 825.

Cited: 59 H. 65, 576 P.2d 1029.

9.8
Preservation of a healthful environment

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]

9.9
Cultural resources

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]

9.10
Public safety

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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Article IX - Public Health and Welfare

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