HRS §431:10C-121
What happens if part of this law is ruled invalid
This section explains what happens if a court decides part of this article is unconstitutional. Generally, the rest of the article stays in effect. But if a specific section about certain insurance rules is invalid, then six other listed sections are also voided.
everyone
The statute, as written — Severability
(a) Except as provided in subsection (b), if any provision of this article or its application to any person or circumstance is held unconstitutional, the remainder of this article and the application of such provision to other persons or circumstances shall not be affected thereby. It shall be conclusively presumed that the legislature would have enacted the remainder of the article without such invalid or unconstitutional provision. (b) In the event section 431:10C-306(a) to (d) is held constitutionally invalid, then it is the intent of the legislature that the following sections only shall be voided: (1) 431:10C-104; (2) 431:10C-105; (3) 431:10C-120; (4) 431:10C-303; (5) 431:10C-304; and (6) 431:10C-305. It shall be conclusively presumed that the legislature would have enacted the remainder of this article without such invalid or unconstitutional provision.
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