Bill Text: HI HB1902 | 2024 | Regular Session | Amended

Hawaii House Bill 1902

HI State Legislature page for HB1902

Bill Title: Relating To Emergency Management.

Spectrum: Moderate Partisan Bill (Democrat 26-3)

Status: (Engrossed) 2024-04-26 - 48 Hrs. Notice (as amended CD 1) 05-01-24 [HB1902 Detail]

Download: Hawaii-2024-HB1902-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1902
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII		S.D. 2

A BILL FOR AN ACT

RELATING TO EMERGENCY MANAGEMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

SECTION 1. Section 127A-1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) It is the intent of the legislature to provide for and confer comprehensive powers for the purposes stated herein. This chapter shall be liberally construed to effectuate its purposes; provided that this chapter shall not be construed as conferring any power or permitting any action [~~which~~] that is inconsistent with the Constitution and laws of the United States[,] or the Hawaii State Constitution, but, in so construing this chapter, due consideration shall be given to the circumstances as they exist from time to time. This chapter shall not be deemed to have been amended by any act hereafter enacted at the same or any other session of the legislature, unless this chapter is amended by express reference."

SECTION 2. Section 127A-3, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) The agency shall perform emergency management functions within the territorial limits of the State. In performing its duties, the agency shall:

(1) Prepare a state comprehensive emergency management plan, which shall be integrated into and coordinated with the emergency management plans of the federal government. The plan shall be integrated by a continuous, integrated comprehensive emergency management program. The plan shall contain provisions to ensure that the State [~~is prepared~~] prepares for, mitigates against, responds to, and recovers from emergencies and minor, major, and catastrophic disasters. In preparing and maintaining the plan, the agency shall work closely with agencies and organizations with emergency management responsibilities;

(2) Assign lead and support responsibilities to state agencies and personnel for emergency management functions[,] and other support activities;

(3) Adopt standards and requirements for county emergency management plans. The standards and requirements shall ensure that county plans are coordinated and consistent with the state comprehensive emergency management plan;

(4) Make recommendations to the legislature, building code organizations, and counties for zoning, building, and other land use controls; and other preparedness, prevention, and mitigation measures designed to eliminate emergencies or reduce their impact;

(5) Anticipate trends and promote innovations that will enhance the emergency management system;

(6) Institute statewide public awareness programs. This shall include intensive public educational campaigns on emergency preparedness issues, including but not limited to the personal responsibility of individual citizens to be self-sufficient for up to fourteen days following a natural or human-caused disaster;

(7) Coordinate federal, state, and local emergency management activities and take all other steps, including the partial or full mobilization of emergency management forces and organizations in advance of an actual emergency, to ensure the availability of adequately trained and equipped forces of emergency management personnel before, during, and after emergencies and disasters;

(8) Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs. This shall include a continuous training program for agencies and individuals that will be called on to perform key roles in state and local post-disaster response and recovery efforts and for local government personnel on federal and state post-disaster response and recovery strategies and procedures;

(9) Adopt standards and requirements for state agency emergency operating procedures and periodically review emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the state comprehensive emergency management plan and program; and

(10) Coordinate, in advance whenever possible, such executive orders, proclamations, and rules for issuance by the governor as are necessary or appropriate for coping with emergencies and disasters."

SECTION 3. Section 127A-14, Hawaii Revised Statutes, is amended to read as follows:

"§127A-14 State of emergency. (a) The governor may declare the existence of a state of emergency in the State by proclamation if the governor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the State.

(b) A mayor may declare the existence of a local state of emergency in the county by proclamation if the mayor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the county.

(c) The governor or mayor shall be the sole judge of the existence of the danger, threat, or circumstances giving rise to a declaration, an extension, or a termination of a state of emergency in the State or a local state of emergency in the county, as applicable. This section shall not limit the power and authority of the governor under section 127A-13(a)(5).

(d) Any proclamation issued under this chapter that fails to state a time at which it will take effect shall take effect at twelve noon of the day on which it takes effect. A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, [or] unless extended or terminated by a separate or supplementary proclamation of the governor or mayor[~~, whichever occurs first~~]."

SECTION 4. Section 127A-30, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:

"(a) Whenever the governor declares a state of emergency for the entire State or any portion thereof, or a mayor declares a local state of emergency for the county or any portion thereof, or when the State, or any portion thereof, is the subject of a severe weather warning:

(1) There shall be prohibited any increase in the selling price of any commodity, whether at the retail or wholesale level, in the area that is the subject of the proclamation or [~~the~~] severe weather warning; provided that the prohibition may be restricted to particular commodities in the proclamation; and

(2) No landlord shall terminate any tenancy for a residential dwelling unit in the area that is the subject of the proclamation or [~~the~~] severe weather warning, except for a breach of a material term of a rental agreement or lease, or if the unit is unfit for occupancy as defined in this chapter; provided that:

(A) Nothing in this chapter shall be construed to extend a fixed-term lease beyond its termination date, except that a periodic tenancy for a residential dwelling unit may be terminated by the landlord upon forty-five days' written notice:

(i) When the residential dwelling unit is sold to a bona fide purchaser for value; or

(ii) When the landlord or an immediate family member of the landlord will occupy the residential dwelling unit; or

(B) Under a fixed-term lease or [a] periodic tenancy, upon forty-five days' written notice, a landlord may require a tenant or tenants to relocate during the actual and continuous period of any repair to render a residential dwelling unit fit for occupancy; provided that:

(i) Reoccupancy shall first be offered to the same tenant or tenants upon completion of the repair;

(ii) The term of the fixed-term lease or periodic tenancy shall be extended by a period of time equal to the duration of the repair; and

(iii) It shall be the responsibility of the tenant or tenants to find other accommodations during the period of repair.

(b) Notwithstanding this section, any additional operating expenses incurred by the seller or landlord because of the emergency [or], disaster, or [~~the~~] severe weather [~~, and which~~] warning that can be documented[,] may be passed on to the consumer. In the case of a residential dwelling unit, if rent increases are contained in a written instrument that was signed by the tenant [~~prior to~~] before the declaration or severe weather warning, the increases may take place pursuant to the written instrument.

(c) The prohibitions under subsection (a) shall remain in effect until twenty-four hours after the severe weather warning is canceled by the [~~National Weather Service;~~] issuing agency; or in the event of a declaration, [~~the later of a date specified by the governor or mayor in the declaration or ninety-six~~] seventy-two hours after the effective date and time of the declaration, unless [~~such~~] the prohibition is identified and continued [~~by a supplementary declaration issued~~] and the types of commodities are identified by the governor or mayor[.] in the proclamation or any supplementary proclamation. Any proclamation issued under this chapter that fails to state the time at which it will take effect, shall take effect at [~~twelve~~] noon [of] on the day on which it takes effect."

PART II

SECTION 5. Chapter 127A, Hawaii Revised Statutes, is amended by adding seven new sections to be appropriately designated and to read as follows:

"§127A-A Residential tenants; suspension of rent collection. (a) Whenever the governor issues a proclamation declaring a state of emergency for the entire State or any portion thereof, or a mayor issues a proclamation declaring a local state of emergency for the county or any portion thereof, with respect to any residential dwelling unit in the area that is the subject of the proclamation, the governor or mayor may declare that the landlord of the rental unit shall:

(1) Upon receipt of a written request from a tenant of the unit, suspend the collection of rent for the unit for a three-month period, beginning in the month following the landlord's receipt of the request;

(2) Upon receipt of a subsequent written request from a tenant of the unit, suspend the collection of rent for the unit for an additional three-month period, beginning at the end of the initial period of suspension;

(3) Accept the foregoing written requests in hardcopy or electronic format, according to the tenant's preference;

(4) Not require the tenant to prove economic hardship for the purposes of this section;

(5) Not require the tenant to pay any fees, including late fees, for the rent collection suspension; and

(6) Send the tenant written notice regarding the date the tenant is obligated to commence paying rent.

(b) After the end of the suspension period, the landlord may collect the balance of the rent suspended under this section; provided that the suspended rent shall only be collected as part of a periodic payment plan that is of the same duration as the total suspension period.

§127A-B Residential dwelling units; summary possession moratorium. Whenever the governor issues a proclamation declaring a state of emergency for the entire State or any portion thereof, or a mayor issues a proclamation declaring a local state of emergency for the county or any portion thereof, with respect to any residential dwelling unit in the area that is the subject of the proclamation, the governor or mayor may declare that:

(1) No court having jurisdiction for an action for summary possession pursuant to chapter 666 or other form of eviction action shall:

(A) Accept for filing any complaint or summons for possession of the unit;

(B) Enter a judgment or default judgment for a plaintiff for possession of the unit;

(D) Deny, upon the request of a defendant, a stay of execution or continuance of the summary possession action;

(2) Any deadline or time period for action by the defendant or any party in a summary possession action, including the date to answer a complaint, or to appeal a judgment, shall be extended; and

(3) No sheriff, deputy sheriff, or other law enforcement officer shall enforce or levy upon a writ of possession,

until the date specified in the proclamation, or if no date is specified, the expiration of the ninety-sixth hour after the effective date and time of the declaration, unless a supplementary proclamation extends the date.

§127A-C Residential property; foreclosure moratorium. Whenever the governor issues a proclamation declaring a state of emergency for the entire State or any portion thereof, or a mayor issues a proclamation declaring a local state of emergency for the county or any portion thereof, with respect to any residential property, as defined in section 667-1, that is in the area that is the subject of the proclamation, the governor or mayor may declare that:

(1) No creditor, mortgagee, or person having estate in the property if mortgaged, or a person authorized by a power of sale pursuant to chapter 667, or right of entry, or the attorney duly authorized by a writing under seal or the legal guardian or conservator of the mortgagee or person acting in the name of the mortgagee or person, shall:

(A) Cause publication of notice of a foreclosure sale pursuant to chapter 667;

(B) Exercise a power of sale;

(D) Initiate any action to possess the property;

(2) Any deadline or time period for action by a party in foreclosure proceedings, including any deadline to respond to a notice or to appeal a judgment, shall be extended; and

(3) No sheriff, deputy sheriff, or other law enforcement officer shall enforce or proceed with any foreclosure sale or action,

§127A-D Mortgage payments; deferment. (a) Whenever the governor issues a proclamation declaring a state of emergency for the entire State or any portion thereof, or a mayor issues a proclamation declaring a local state of emergency for the county or any portion thereof, with respect to any mortgaged property, as defined in section 667-1, that is in the area that is the subject of the proclamation, the governor or mayor may declare that the mortgagee of the property shall:

(1) Upon receipt of a request from a mortgagor of the property, defer the collection of mortgage payments for up to three years; and

(2) Upon receipt of a subsequent request from a mortgagor of the property, defer the collection of mortgage payments for up to years for good cause, as determined by rules adopted pursuant to section 127A‑25.

(b) The repayment period for mortgages under deferment pursuant to this section shall be extended by a period of time equal to the entire period of deferment. The terms and conditions of each original mortgage, except for default, delinquency during deferment, and related fees or penalties, shall remain unchanged during the entire period of deferment.

(c) Any mortgagee granting a deferment under this section shall provide the requesting mortgagor written confirmation of the approved deferment, information about the deferment process, and instructions for requesting an extended deferment.

(d) This section shall not be construed to amend any mortgagor's property tax or insurance obligations related to the mortgaged property.

(e) Within one month of the effective date of Act , Session Laws of Hawaii 2024, the Hawaii emergency management agency shall:

(1) Notify mortgagors of real property within the State about the deferment program; and

(2) Publish on the agency's website information about the deferment program, including eligibility requirements.

§127A-E Small business commercial tenants; suspension of rent collection and summary possession. (a) Whenever the governor issues a proclamation declaring a state of emergency for the entire State or any portion thereof, or a mayor issues a proclamation declaring a local state of emergency for the county or any portion thereof, with respect to any rented commercial property in the area that is the subject of the proclamation, the governor or mayor may declare that the landlord of the commercial property, if the tenant is a small business commercial tenant, shall:

(1) Upon receipt of a written request from the tenant, suspend the collection of rent for the property, beginning in the month following the landlord's receipt of the request; provided that the landlord shall not be obligated to suspend the collection for a period longer than six months;

(2) Accept the foregoing written requests in hardcopy or electronic format, according to the tenant's preference;

(3) Not require the tenant to prove economic hardship for the purposes of this section;

(4) Not require the tenant to pay any fees, including late fees, for the rent collection suspension; and

(5) Send the tenant written notice regarding the date the tenant is obligated to commence paying rent.

(c) If a small business commercial tenant's lease expires during the period that the proclamation is in effect, and the tenant wishes to remain on the property, the lease shall automatically renew at the current rate of rent, unless, before the proclamation was issued, the tenant expressed in writing the tenant's intent not to renew the lease, or the tenant agreed in writing to a different rate of rent. If the lease is not renewed, and the tenant wishes to remain on the property, the tenant shall continue to pay the landlord rent at the rate paid before the termination of the lease, but shall vacate the unit on the date specified in the proclamation, or if no date is specified, the expiration of the ninety-sixth hour after the effective date and time of the declaration, unless a supplementary proclamation extends the date. No late fees may be assessed or collected for rent accrued during the post-lease period.

(d) A landlord subject to this section shall be prohibited from initiating any action for, pursuing, or obtaining summary possession of the unit pursuant to chapter 666, or other form of eviction, until the ninetieth day after the expiration or rescission of the proclamation.

(e) For the purposes of this section, "small business commercial tenant" means any entity that:

(1) Is a corporation, nonprofit corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legal entity;

(2) Is owned and operated independently of any other corporation, nonprofit corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legal entity;

(3) Operates primarily within the State; and

(4) Is a lawful tenant of a lease into which the tenant and the respective landlord entered before the issuance of the proclamation described in subsection (a).

§127A-F Loan deferment. (a) Whenever the governor issues a proclamation declaring a state of emergency for the entire State or any portion thereof, or a mayor issues a proclamation declaring a local state of emergency for the county or any portion thereof, with respect to any student loan, commercial loan, or consumer loan (including any credit extension) of any borrower who resides in the area that is the subject of the proclamation, the governor or mayor may declare that the lender or holder of the loan shall:

(1) Upon receipt of a written request from the borrower, defer the collection of loan payments; provided that the lender or holder shall not be obligated to suspend the collection for a period longer than six months;

(2) Accept the foregoing written request in hardcopy or electronic format, according to the borrower's preference; and

(3) Not require the borrower to prove economic hardship for the purposes of this section.

(b) The repayment period for loans under deferment pursuant to this section shall be extended by a period of time equal to the entire period of deferment. The terms and conditions of each original loan, except for default, delinquency during deferment, and related fees or penalties, shall remain unchanged during the entire period of deferment. During any period of loan deferment under this section, no interest shall accrue on the respective loan.

§127A-G Credit reporting agencies. (a) Whenever the governor issues a proclamation declaring a state of emergency for the entire State or any portion thereof, or a mayor issues a proclamation declaring a local state of emergency for the county or any portion thereof, the governor or mayor may declare that any person who resides in the area that is the subject of the proclamation may contact any:

(1) Consumer reporting agency and request exclusion of any adverse information obtained by the agency; and

(2) User of a consumer report for the person and request exclusion of consideration of any adverse information within the consumer report,

regarding the person's actions from the effective date of the proclamation through the ninetieth day after the effective date of the proclamation.

(b) Any consumer reporting agency or user of a consumer report that receives a request from a person pursuant to subsection (a) shall:

(1) Respond to the requestor within the time period prescribed by title 15 United States Code section 1681i; and

(2) Honor the person's request, or in the alternative, should federal law bar the consumer reporting agency or user of a consumer report from honoring the request, provide a written explanation identifying the basis for the refusal.

(c) No consumer reporting agency that receives a request from a person pursuant to subsection (a) shall assess a fee from the person for the request."

PART III

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. In codifying the new sections added by section 5 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 3000.

Report Title:

Emergency Management Powers; State of Emergency; Price Control; Tenants; Mortgagors; Consumers; Relief

Description:

Clarifies that the Governor's and mayors' emergency management powers shall be consistent with the state constitution. Clarifies the scope of the comprehensive emergency management plan. Clarifies the powers of the Governor and mayors to extend or terminate a state of emergency. Shortens the duration of price control periods from ninety-six hours to seventy-two hours. Amends emergency management law to protect tenants, mortgagors, consumers, and residents for certain periods of time after the issuance of a gubernatorial or mayoral emergency proclamation. Effective 7/1/3000. (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.