§1-3  Laws not retrospective.  No law
has any retrospective operation, unless otherwise expressed or obviously
intended. [CC 1859, §5; RL 1925, §5; RL 1935, §5; RL 1945, §4; am L 1955, c 57,
§1(a); RL 1955, §1-6; HRS §1-3]



 



Attorney General Opinions



 



  New administrative rules superseded old rules as to all
matters except permit applications that were filed before July 1, 1994;
further, on or after July 1, 1994, when statutory authority for old rules
was repealed, the old rules were void and not in effect, the only exception
being with respect to pending permit applications from the period before
July 1, 1994.  Att. Gen. Op. 97-4.



 



Case Notes



 



  Section 386-5, as amended, could not be applied
retroactively.  910 F. Supp. 479.



  New divorce law construed as inapplicable to pending cases,
old law applicable.  3 H. 304.



  Law making sale or possession of opium illegal not
retrospective though dealing in opium was formerly licensed.  3 H. 672; 3 H.
687.



  Cutting down period allowed for suit against government so as
to bar claims, not unconstitutional when prior statute did not provide for
enforcement of judgment.  11 H. 404.



  Retrospective law defined.  11 H. 404; 22 H. 96, 106; 42 H.
532, 535-6 (from standpoint of constitutionality); 33 H. 766, 774 (distinguishing
between constitutional and unconstitutional retrospective laws).



  It is a general rule that prospective operation is favored
construction.  11 H. 600, 620, overruled on another point 11 H. 654, 658; 22 H.
96, 110; 28 H. 462, 467.



  Wrongful death statute inapplicable where death already had
occurred.  27 H. 626.



  Income tax law expressly made effective on preceding
January 1, applies to income of calendar year last past.  33 H. 766. 
Reduced tax rate expressly made retrospective applies to income of preceding
calendar year.  21 H. 571.  Requirement of tax clearance as condition of county
license, if deemed retrospective nevertheless not unconstitutional.  22 H. 96,
107.



  Statute clearly intended to cure defect in prior statute and
confer benefit will be given retroactive operation.  34 H. 150, 158.



  Statute enacted after death of testator cannot jeopardize
rights vested under the will.  34 H. 333.



  Legislature is powerless by subsequent enactment to vary
terms of trust deed previously executed.  35 H. 1.



  Statute prescribing special rules of descent for land held
under homestead agreement, inapplicable to existing agreement.  35 H. 550.



  Change in method of computing trustees' commissions,
application to existing trust.  37 H. 111.



  Statute providing that subsequent marriage revokes
designation of beneficiary, applicable though the marriage already had
occurred.  42 H. 532.  Statute legitimatizing child of parents who marry after
its birth, applicable though the marriage already had occurred.  29 H. 258,
aff'd 16 F.2d 273.



  Repeal in 1859 of provision for reservation of mineral
rights, no effect on existing rights.  49 H. 429, 443, 421 P.2d 570.



  Cited in holding that §584-7 was intended to operate
retrospectively.  59 H. 259, 581 P.2d 310.



  Applied.  63 H. 540, 632 P.2d 649.



  Change in maximum liability of real estate recovery fund.  64
H. 74, 636 P.2d 1344.



  Section is only a rule of statutory construction and where
the legislative intent may be ascertained, it is no longer determinative.  64 H.
210, 638 P.2d 319.



  Amendments to driving under influence statute did not have
retrospective application.  72 H. 597, 825 P.2d 1065.



  To the extent department rule applied procedures established
pursuant to no-fault amendments to no-fault claimant injured prior to effective
date of amendments, rule invalid.  82 H. 249, 921 P.2d 169.



  As §607-14 does not expressly or obviously manifest an intent
to be applied retroactively, the 1993 amendment did not apply retroactively to
litigation terminated prior to the effective date of the amendment, July 1,
1993.  88 H. 46, 961 P.2d 611.



  It was the "obvious intention" of the legislature
to authorize the retroactive application of the part of Act 167, L 1990, that
authorized the sentencing court the discretion to impose a sentence of
community service instead of a fine.  77 H. 476 (App.), 888 P.2d 376.