Bill Text: HI HB2210 | 2024 | Regular Session | Introduced
Bill Title: Relating To Emergency Management.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2024-01-26 - Referred to WAL, JHA, referral sheet 3 [HB2210 Detail]
Download: Hawaii-2024-HB2210-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2210 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to emergency management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature
finds that the emergency powers
granted to the governor and county mayors under chapter 127A, Hawaii Revised
Statutes (chapter 127A), are being used to address existing societal and
economic pressures that are not emergencies such that the suspension of laws
and regulations are necessary. The legislature further
finds that chapter 127A should clearly specify and articulate the bases for
emergency actions.
The purpose of this Act is to:
(1) Clarify that powers granted for emergency purposes shall not be inconsistent with the state constitution;
(2) Clarify that emergency powers shall not be used to address issues arising out of existing economic pressures;
(3) Provide parameters for the duration of the suspension of laws and require justification for the suspension;
(4) Authorize the governor to require the counties to obtain the approval of the governor or director of the Hawaii emergency management agency before issuing any emergency order, rule, or proclamation;
(5) Clarify the legal framework governing the extension and termination of emergency periods;
(6) Authorize the legislature to terminate, in part or in whole, a state of emergency by an affirmative two-thirds vote;
(7) Clarify that the governor may re-declare a state of emergency that has been terminated; and
(8) Specify when certain prohibitions during an emergency or a severe warning expire.
SECTION 2. Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§127A- Public
records generated during suspension of disclosure law. Notwithstanding
a proclamation or declaration of emergency or any rule or order adopted
pursuant to this chapter that suspends disclosure of public records, including
the uniform information practices act pursuant to part II of chapter 92F and
the disclosure of vital statistics records and public health statistics records
law pursuant to section 338-18, public records generated during or containing
information from the time of the suspension shall be subject to disclosure
requests made after the suspension has terminated."
SECTION 3. 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 4. Section 127A-2, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "disaster" to read:
""Disaster" means
any emergency, or imminent threat thereof, which results
or may likely
result in loss of life, property, or environment and requires, or may require,
assistance from other counties, states, the federal government, or from private
agencies. "Disaster" does
not include any emergency arising out of existing economic pressures, including
but not limited to crises of housing or homelessness except when the crisis
arises out of a natural occurrence, such as fire, flood, earthquake, tsunami; global
pandemic; or an act war or terrorism by foreign or domestic parties."
2. By amending the definition of
"emergency" to read:
""Emergency" means
any natural occurrence, global pandemic, or act of war or terrorism by
foreign or domestic parties, or imminent threat thereof, which results or
may likely result in substantial injury or harm to the population or
substantial damage to or loss of property or substantial damage to or loss of
the environment. "Emergency"
does not include any crises of housing or homelessness except when the crisis
is the result of a natural phenomenon such as fire, flood, earthquake, tsunami;
global pandemic; or an act war or terrorism by foreign or domestic parties."
SECTION 5. Section 127A-13, Hawaii Revised Statutes, is amended to read as follows:
"§127A-13 Additional powers in an emergency period. (a) In
the event of a state of emergency declared by the governor pursuant to section
127A-14, the governor may exercise the following additional powers pertaining
to emergency management during the emergency period:
(1) Provide for and require the quarantine or segregation of
persons who are affected with or believed to have been exposed to any
infectious, communicable, or other disease that is, in the governor's opinion,
dangerous to the public health and safety, or persons who are the source of
other contamination, in any case where, in the governor's opinion, the existing
laws are not adequate to assure the public health and safety; provide for the
care and treatment of the persons; supplement the provisions of sections 325-32
to 325-38 concerning compulsory immunization programs; provide for the
isolation or closing of property [which] that is a source of
contamination or is in a dangerous condition in any case where, in the governor's
opinion, the existing laws are not adequate to assure the public health and
safety, and designate as public nuisances acts, practices, conduct, or
conditions that are dangerous to the public health or safety or to property;
authorize that public nuisances be summarily abated and, if need be, that the
property be destroyed[,] by any police officer or authorized person, or
provide for the cleansing or repair of property, and if the cleansing or repair
is to be at the expense of the owner, the procedure therefor shall follow as
nearly as may be the provisions of section 322-2, which shall be applicable;
and [further,] authorize, without the permission of the owners or
occupants, entry on private premises for any such purposes;
(2) Relieve hardships and inequities, or obstructions to the
public health, safety, or welfare, found by the governor to exist in the laws
and to result from the operation of federal programs or measures taken under
this chapter[,] by suspending the laws, in whole or in part, or by
alleviating [the provisions of laws on such], subject to terms
and conditions [as] that the governor may [impose,] specify,
the provisions of laws, including licensing laws, quarantine laws, and laws
relating to labels, grades, and standards;
(3) Suspend any law that impedes or tends to impede or be
detrimental to the expeditious and efficient execution of, or to conflict with,
emergency functions, including laws [which] that by this chapter
specifically are made applicable to emergency personnel; provided that any
suspension of law shall be no broader and last no longer than the governor
deems necessary for the execution of emergency management functions, and any
suspension of law shall identify the section of law suspended and, for each
section, shall specify the emergency management functions facilitated and
justify the suspension based on protecting the public health, safety, and
welfare; provided further that any suspension of any law that requires permits,
authorizations, or approvals from any state or county agency may continue
beyond the emergency period to allow for the completion of any repairs,
reconstruction, rebuilding, or construction of any state or county
infrastructure, facilities, or properties that would otherwise be delayed by any
such permit, authorization, or approval;
(4) Suspend
the provisions of any regulatory law prescribing the procedures for
out-of-state utilities to conduct business in the State, including any
licensing laws applicable to out-of-state utilities or their respective
employees, as well as any order, rule, or regulation of any state agency, if
strict compliance with the provisions of [any such] the law,
order, rule, or regulation would in any way prevent, hinder, or delay necessary
action of a state utility in coping with the emergency or disaster with
assistance that may be provided under a mutual assistance agreement;
(5) In the event of a disaster or an emergency
beyond local control[, or]; an event [which,] that,
in the opinion of the governor, [is such as to make] makes state
operational control or coordination necessary[,]; or upon
request of the [local entity, assume] county:
(A) Assume direct operational control over all or any part of the
emergency management functions within the affected area; and
(B) Notwithstanding
sections 127A-14 and 127A-25, require the county to obtain the approval of the
governor or director before issuing any emergency order, rule, or proclamation
under this chapter;
(6) Shut off water mains, gas mains, electric power connections,
or suspend other services, and, to the extent permitted by or under federal
law, suspend electronic media transmission;
(7) Direct and control the mandatory evacuation of the civilian
population;
(8) Exercise additional emergency functions to the extent
necessary to prevent hoarding, waste, or destruction of materials, supplies,
commodities, accommodations, facilities, and services, to effectuate equitable
distribution thereof, or to establish priorities therein as the public welfare
may require; to investigate; and notwithstanding any other law to the contrary,
to regulate or prohibit, by means of licensing, rationing, or otherwise, the
storage, transportation, use, possession, maintenance, furnishing, sale, or
distribution thereof, and any business or any transaction related thereto;
(9) Suspend section 8-1, relating to state holidays, except the
last paragraph relating to holidays declared by the president, which shall
remain unaffected, and in the event of the suspension, the governor may
establish state holidays by proclamation;
(10) Adjust the hours for voting to take into consideration the
working hours of the voters during the emergency period, and suspend those
provisions of section 11-131 that fix the hours for voting, and fix other hours
by stating the same in the election proclamation or notice, as the case may be;
(11) Assure the continuity of service by critical infrastructure
facilities, both publicly and privately owned, by regulating or, if necessary
to the continuation of the service thereof, by taking over and operating the
same; and
(12) Except as provided in section 134-7.2, whenever in the governor's opinion, the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any such objects, implements, or substances unlawfully possessed, as provided in this chapter.
(b) In the event of a local state of emergency
declared by the mayor pursuant to [[]section[]] 127A-14, the mayor may exercise the
following additional powers pertaining to emergency management during the
emergency period:
(1) Relieve hardships and inequities, or obstructions to the
public health, safety, or welfare, found by the mayor to exist in the laws of
the county and to result from the operation of federal programs or measures
taken under this chapter[,] by suspending the county laws, in whole or
in part, or by alleviating [the provisions of county laws on such],
subject to terms and conditions [as] that the mayor may [impose,]
specify, the provisions of county laws, including county licensing laws[,]
and county laws relating to labels, grades, and standards;
(2) Suspend any county law that impedes or tends to impede or be
detrimental to the expeditious and efficient execution of, or to conflict with,
emergency functions, including laws [which] that by this chapter
specifically are made applicable to emergency personnel; provided that any
suspension of law shall be no broader and last no longer than the mayor deems
necessary for the execution of emergency management functions, and any
suspension of law shall identify the section of law suspended and, for each
section, shall specify the emergency management functions facilitated and
justify the suspension based on protecting the public health, safety, and
welfare; provided further that any suspension of any law that requires permits,
authorizations, or approvals from any state or county agency may continue
beyond the emergency period to allow for the completion of any repairs,
reconstruction, rebuilding, or construction of any state or county
infrastructure, facilities, or properties that would otherwise be delayed by
any such permit, authorization, or approval;
(3) Shut off water mains, gas mains, electric power connections,
or suspend other services; and, to the extent permitted by or under federal
law, suspend electronic media transmission;
(4) Direct and control the mandatory evacuation of the civilian
population; and
(5) Exercise additional emergency functions, to the extent
necessary to prevent hoarding, waste, or destruction of materials, supplies,
commodities, accommodations, facilities, and services, to effectuate equitable
distribution thereof, or to establish priorities therein as the public welfare
may require; to investigate; and notwithstanding any other county law to
the contrary [notwithstanding], to regulate or prohibit, by means of
licensing, rationing, or otherwise, the storage, transportation, use,
possession, maintenance, furnishing, sale, or distribution thereof, and any
business or any transaction related thereto."
SECTION 6. 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] Except as provided in
subsection (e), 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) 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].
(e) The legislature may, by an affirmative vote
of two-thirds of the members to which each house is entitled, terminate a state
of emergency, in part or in whole, declared by the governor pursuant to this
section.
(f) Notwithstanding subsections (d) and (e), the governor may re-declare the existence of a state of emergency in the State pursuant to this chapter if an emergency or a disaster has occurred or there is imminent danger or threat of an emergency or a disaster in any portion of the State."
SECTION 7. Section 127A-30, Hawaii Revised Statutes, is amended to read as follows:
1. By amending subsections (a) to (c) to read:
"(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; 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[;], Pacific
Tsunami Warning Center, United States Geological Survey, or other public
authority, as applicable; 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."
2. By amending subsection (f) to read:
"(f) As used in this section:
"Breach of a material term"
means the failure of a party to perform an obligation under the rental
agreement or lease, which constitutes the consideration for entering into the
contract and includes the failure to make a timely payment of rent.
"Commodity" means
any good or service necessary for the health, safety, and welfare of the people
of Hawaii; provided that this term shall include[,] but not be limited
to: materials; merchandise; supplies; equipment; resources; and other articles
of commerce that shall include food[;], water[;],
ice[;], chemicals[;], petroleum products[;],
construction materials[;], or residential dwellings.
"Fixed-term lease"
means a lease for real property that specifies its beginning date and its
termination date as calendar dates, or contains a formula for determining the
beginning and termination dates; and the application of the formula as of the
date of the agreement will produce a calendar date for the beginning and
termination of the lease.
"Periodic tenancy"
means a tenancy wherein real property is leased for an indefinite time with
monthly or other periodic rent reserved.
A periodic tenancy may be created by express agreement of the parties,
or by implication upon the expiration of a fixed-term lease when neither
landlord nor tenant provides the other with written notice of termination and
the tenant retains possession of the premises for any period of time after the
expiration of the original term.
"Severe warning"
means the issuance by the National Weather Service, Pacific Tsunami Warning
Center, United States Geological Survey, or other public authority of a public
notification that a dangerous condition exists that could impact the State, or
any portion of it, within a specified period of time. "Severe warning" includes but is not
limited to warnings of coastal inundation, high surf, flash flooding, volcano, tsunami,
or hurricane.
"Unfit for
occupancy" means that a residential dwelling unit has been damaged to the
extent that the appropriate county agency determines that the unit creates a
dangerous or unsanitary situation and is dangerous to the occupants or [to
the] neighborhood."
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Emergency Management; State of Emergency; Emergency Powers; Price Control
Description:
Clarifies that powers granted for emergency purposes shall not be inconsistent with the state constitution. Clarifies that emergency powers shall not be used to address issues arising out of existing economic pressures. Provides for greater clarity and specificity regarding the scope of suspensions of law. Authorizes the Governor to require the counties to obtain approval before issuing any emergency order, rule, or proclamation. Clarifies the legal framework governing the extension and termination of emergency periods. Allows the Legislature to terminate a state of emergency or local state of emergency. Clarifies that the Governor may re-declare a state of emergency that has been terminated. Specifies when certain prohibitions during an emergency or a severe warning expire. Defines "severe warning".
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
