Hawaii-2014-SB1080-Introduced

SECTION 1. The legislature finds that the State is vulnerable to a wide range of natural and man-made hazards which threaten the life, health, and safety of its people; damage and destroy property; disrupt services and everyday business and recreational activities; and impede economic development. Growth in the State's population — especially in the numbers of businesses and persons residing in coastal areas, in the elderly population, in the number of seasonal vacationers, and in the number of persons with functional and access needs – has greatly complicated the State's ability to coordinate its emergency management resources and activities.

The legislature also finds that the statutes pertaining to the civil defense system of the State were enacted at a very different time in the history of Hawaii and our nation. Chapter 127, Hawaii Revised Statutes, disaster relief, was enacted in 1949, at a time when Hawaii's population was less than half of what it is today. Chapter 128, Hawaii Revised Statutes, Hawaii's Civil Defense and Emergency Act, is based on the Federal Civil Defense Act of 1950, which was enacted for the purpose of preparing the nation for attack during the cold war era. At the federal level, the civil defense system became obsolete and has been replaced by the federal emergency management system.

The purpose of this Act is to bring Hawaii's emergency management laws into conformity with nationwide practices in emergency management by establishing a Hawaii emergency management agency in the state department of defense and updating and recodifying the statutes.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

EMERGENCY MANAGEMENT

§ -1 Policy and Purpose. (a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from natural or man-made hazards, and in order to ensure that preparations of this State will be adequate to deal with such disasters or emergencies, to ensure the administration of state and federal programs providing disaster relief to individuals, and generally to protect the public health, safety, and welfare and to preserve the lives and property of the people of the State, it is hereby found and declared to be necessary:

(1) To provide for emergency management by the State, and to authorize the creation of local organizations for emergency management in the counties of the State;

(2) To confer upon the governor and upon the mayors of the counties of the State the emergency powers necessary to respond to emergencies or disasters;

(3) To provide for the rendering of mutual aid among the counties of the State and with other states and to cooperate with the federal government with respect to the carrying out of emergency management functions; and

(4) To provide programs, in cooperation with other governmental agencies, the private sector and private nonprofit organizations, to educate and train the public to be prepared for emergencies.

(b) It is further declared to be the purpose of this chapter and the policy of the State that all emergency management functions of this State and its counties be coordinated to the maximum extent with the comparable functions of the federal government including its various departments, and agencies of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur.

(c) It is declared to be the intent of the legislature to provide for and confer comprehensive powers for the purposes stated. 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 is inconsistent with the Constitution and laws of the United States, 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 an act hereafter enacted at the same or any other session of the legislature, unless this chapter is amended by express reference hereto.

§ -2 Definitions. When used in this chapter, unless the context otherwise requires:

"Administrator" means the administrator of the Hawaii emergency management agency established by section -3.

"Agency" means the Hawaii emergency management agency established by section -3.

"Breach of a material term" means the failure of a party to perform an obligation under the rental agreement 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, without limitation, food; water; ice; chemicals; petroleum products; construction materials; or residential dwellings.

"Council" means the Hawaii advisory council on emergency management.

"County" means any of the political subdivisions including the counties of Hawaii, Maui, and Kauai and the city and county of Honolulu, but does not include the county of Kalawao.

"County agency" means an organization created in accordance with this chapter or the ordinances of a county to coordinate and manage emergency management functions in a county.

"Critical infrastructure" means those systems, facilities, and assets, whether physical or virtual, so vital to the county, State or the nation that the incapacity or destruction of such systems and assets would have a debilitating impact on national, state, or county security, economic security, public health or safety, or any combination of those matters.

"Director" means the director of the Hawaii emergency management agency established by section -3, and means the adjutant general as provided in section 26-21.

"Emergency" means any situation for which assistance is needed to supplement state or local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the state caused by tropical cyclone, tornado, storm, high water, flood, wind-driven water, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, wild-land fire, massive oil spills, explosion, radiological accidents or incidents, chemical, bacteriological, biological, airplane crashes, civil disturbances, insurrection, terrorism, vog, war, attack, or any other natural or man-made catastrophe of any kind that causes or may cause damage or injury to public or private property or persons.

"Emergency functions" means any and all emergency management powers, functions, roles, and all other powers, functions, and roles provided for by this chapter.

"Emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to prevent, protect, mitigate against, respond to, and recover from any injury or damage of any type resulting from any emergency or disaster, and to aid survivors suffering from injury or damage, resulting from disasters caused by all hazards, whether caused by nature, technology, or which are man-made

"Emergency management functions" mean all functions provided for by this chapter which are for the purposes stated in this chapter and, without limitation, firefighting services, police services, medical and health services, rescue engineering, public warning services, communications, radiological, chemical, and other special weapons defense, evacuation of persons from stricken or danger areas, or from security areas established by or under authority of law, emergency housing and other emergency welfare services, emergency transportation, protection of critical infrastructure of any type, and other functions related to protection, together with all other activities necessary or incidental to the preparation for and carrying out the functions and actions of this chapter.

"Emergency personnel" means all personnel involved in any aspect of emergency management, including state or county workers, members of the national guard ordered to active service pursuant to section 121-30, persons engaged in emergency management functions pursuant to chapter 128F, volunteers, or any other agents of the county or State.

"Emergency period" means the period of existence of a state of emergency proclaimed by the governor or mayor, as provided in this chapter.

"Evacuation" means the immediate and rapid movement of people and animals away from the threat or actual occurrence of any hazard and includes vertical evacuation.

"Facilities", except as otherwise provided in this chapter, includes any infrastructure, buildings and other structures, shelters, land, roads, highways, thoroughfares, walks, roadways, bridges, public rights of ways, and any appurtenant facilities, structures, and materials.

"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.

"Highways" have the meaning as defined by section 264-1, and further include all state and county public rights of way, whether or not included in the definition.

"Laws" includes ordinances, rules, regulations, and orders prescribed under state or county laws or ordinances and having the force and effect of law.

"Materials" includes medicines, supplies, products, commodities, articles, equipment, machinery, and component parts.

"Mayor" means the senior elected official of the executive branch of each political subdivision in the State of Hawaii, but does not include the county of Kalawao.

"Necessary" means and refers to such means, measures, or other actions or determinations as are necessary in the opinion of the governor or governor's authorized representative and a mayor or the mayor's authorized representative.

"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.

"Protective device", without prejudice to any other meaning associated with the word, includes any article or substance used or useful in the protection of persons or property.

"Shelter" without prejudice to any other meaning associated with the word, includes any structure, excavation, or other facility or item used or useful in the protection of persons or property.

"States" includes the several states, the District of Columbia, and the possessions of the United States, and also includes, the State of Hawaii, and to the extent authorized by or under federal law, foreign countries and their provinces and states.

"Traffic control" includes plans, regulations, devices, and actions for the control of traffic to provide for the rapid and safe movement or evacuation of any people, vehicles, and materials for emergency management, and for the movement and cessation of movement of any pedestrians and vehicular traffic during, before and after emergencies, emergency management exercises, or other emergency management actions or activities.

"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.

"Vertical evacuation" means to move to a higher floor or higher ground to gain safety above the height of expected inundation by water.

§ -3 Hawaii emergency management agency. (a) There is established within the department of defense the Hawaii emergency management agency. The director of Hawaii emergency management, subject to the direction and control of the governor, shall oversee the agency.

(b) There shall be an administrator of emergency management who shall be appointed and may be removed by the director, provided that candidates for the position of administrator shall have at least three years of experience leading emergency management efforts at the local, state or federal level. The administrator shall, in the absence of the director, have all the duties and responsibilities of the director. The administrator is the civilian head of, and is responsible for the day-to-day operations of, the emergency management agency. In the absence of the director, the administrator reports directly to the governor on emergency management issues. Chapter 76 shall not apply to the administrator.

(c) The director may, from funds allotted therefor, employ technical, clerical, administrative, and other personnel and make such expenditures as may be necessary.

(d) The director shall coordinate the activities of the agency with all county emergency management agencies, other state agencies, other states, federal agencies involved in emergency management activities, and all organizations for emergency management within the State, public or private, and shall maintain liaison with and cooperate with other emergency management agencies as provided in this chapter.

(e) The functions and authority heretofore exercised by the military department and the civil defense agency as heretofore constituted are transferred to the Hawaii emergency management agency established by this chapter.

§ -4 Hawaii advisory council on emergency management. To provide a public body with whom the governor may consult and by whom the governor may be advised in the performance of the governor's duties and in the exercise of the governor's powers in matters pertaining to emergency management, there shall be a Hawaii advisory council on emergency management, which is administratively attached to the Hawaii emergency management agency and shall consist of seven members to be appointed by the governor, one of whom shall be designated as chairperson. The Hawaii advisory council on emergency management, on the request of the governor, shall confer with and advise the governor in regard to matters pertaining to emergency management. Members of the Hawaii advisory council on emergency management shall receive no compensation, but shall be reimbursed for their travel and other reasonable and necessary expenses incurred. Persons holding public office or employment in the state government, or any political subdivision thereof, are eligible for appointment to the Hawaii advisory council on emergency management.

§ -5 County emergency management agency. (a) The mayor of each county has direct responsibility for emergency management within the county including the organization, administration, and operation of the county emergency management agency.

(b) Each county agency shall perform emergency management functions within the territorial limits of the county within which it is organized, coordinate all plans, and cooperate as closely as possible with the agency in all aspects of emergency management.

(c) Each county is responsible for the establishment, naming, and operation of a county emergency management agency in accordance with plans and programs of the agency and shall promulgate such laws, rules, regulations and procedures, and appropriate such funding, as they deem necessary to support the county emergency management agency.

(d) Each county legislative body will enact laws to establish the county emergency management agency and ensure that the mayor and each county emergency management agency have the powers necessary to be recognized as an emergency management agency, receive state and federal funds, and carry out the functions of this chapter at the county level, including the following:

(1) To provide powers at the county level, in addition to those already provided to the mayor in section -12, emergency management functions contained in section -13(b), and additional powers in an emergency period contained in section -14(b), provided such powers and functions are limited to county laws, rules, regulations, and jurisdiction unless otherwise specifically provided for in this chapter;

(2) To provide, for the mayor of each county, a county-level administrator or director of emergency management, and such technical, administrative, and other personnel, office space, furniture, equipment, supplies, and funds as may be necessary to carry out the purposes of this chapter. Chapter 76 shall apply to the director or administrator of emergency management;

(3) To make appropriations and authorize expenditures for the purposes of this chapter, including the power to place under the control of the mayor, for expenditure as matching funds for federal aid, or for any purpose within the powers of the mayor, moneys appropriated by it; to make appropriations and authorize expenditures for the purposes of this chapter out of the normal revenues or fund balances or surpluses of the counties, notwithstanding any legal restrictions upon the purposes for which the funds may be expended, except that pension and retirement funds, funds set aside for the redemption of bonds or the payment of interest thereon, trust funds, loan funds, and funds received from the federal government or from any person for specific purposes shall not be affected;

(4) To ensure continuity of government during an emergency period by providing the procedure for the appointment and designation of stand-by officers for the legislative body and the elected chief executive of the county for the emergency period, who shall serve in the event of the unavailability of the officers for whom they stand by;

(5) To establish an emergency operations center and staff it appropriately; and

(6) To coordinate, develop, and implement an emergency operations plan for the county.

§ -6 Emergency specialist reserve corps. (a) The director may establish an emergency specialist reserve corps comprised of trained specialists to support state or county emergency requirements. The members of the emergency specialist reserve corps may include any employee of the State or county, employees hired specifically for staffing during emergency periods and exercises, or any volunteer, who shall be detailed in accordance with this chapter.

(b) The emergency specialist reserve corps shall support state emergency requirements and, if requested, augment county emergency staff, said specialists to be mobilized during, or in advance of, natural or man-made disasters or training events. Reserve corps personnel shall be required to attend a minimum of four days of paid training per year. Reserve corps positions shall be authorized and managed at the agency and do not need approval of the governor.

§ -7 Warning point. (a) The agency shall establish and operate the state warning point. The state warning point shall be staffed to monitor warning systems and devices around the clock on a year-round basis and have the ability to provide timely warning and notification to state government officials, county warning points and, if necessary, the general public.

§ -8 Status and rights of personnel. (a) If any government officer or employee of the State or county is engaged in carrying out this chapter in lieu of the officer's or employee's regular office or employment, the amount of the officer's or employee's compensation shall not be adversely affected, and the officer's or employee's rights in or under the laws relating to vacations and leaves, the retirement system, civil service or the like, shall not be adversely affected.

(b) All persons, including volunteers whose services have been accepted by authorized persons, while engaged in the performance of duty pursuant to this chapter, including duty performed during periods of training, shall be deemed state employees if their performance of duty is for the State, or county employees if their performance of duty is for the county, and shall have the powers, duties, rights, and privileges of such in the performance of their duties, except as, pursuant to this chapter, may be prescribed by or under the authority of the governor or the mayor.

(c) In case of injury or death arising out of and in the performance of duty pursuant to this chapter, including duty performed during periods of training, all persons having the status of officers or employees of the State or county, pursuant to this section, and their dependents, shall be entitled to all of the benefits provided in chapter 386, including medical services and supplies, and in case of the injury or death no public official shall be excluded from the coverage of chapter 386 by reason of being an elected official. For the purposes of the benefits, average weekly wages shall be computed upon the basis set forth in section 386-51, or upon the basis of earnings from the usual employment of the person, or upon the basis of earnings at the rate of $20 per week, whichever is most favorable to the claimant or claimants. The costs thereof, in cases of state employees, shall be a charge upon the state insurance fund and, in cases of county employees, shall be a charge upon the county insurance fund; provided that the governor or mayor may effect such insurance in respect of the obligations assumed pursuant to this section and as may be available under any mutual aid agreement or act of Congress. Nothing herein shall adversely affect the right of any person to receive any benefits or compensation under any act of Congress.

§ -9 Immunities; rights. (a) Neither:

(1) The State;

(2) Any county;

(3) Any public utility or vital facility;

(4) Private agencies or entities; nor

(5) Except in cases of willful misconduct, persons engaged in emergency functions pursuant to this chapter (including volunteers whose services are accepted by any authorized person);

shall be civilly liable for the death of or injury to persons, or property damage, as a result of any act or omission in the course of the employment or duties under this chapter.

(b) No act or omission shall be imputed to the owner of any vehicle by reason of the owner's ownership thereof; provided that nothing herein shall preclude recovery by any person for injury or damage sustained from the operation of any vehicle which may be insured under section 41D-8 to the extent of the insurance, and unless specifically provided, insurance effected under section 41D-8 shall not include coverage of such risk during an emergency period. The governor may insure vehicles owned by the State or in the custody and use of the emergency management agency, but insurance effected under section 41D-8 on vehicles used for purposes other than emergency management need not necessarily include coverage of the insured vehicle against the risk incurred or which would be incurred under this chapter as a result of the use of the insured vehicle for emergency management.

(c) Members of the United States army, air force, navy, marines, or coast guard on any duty or service done under or in pursuance of an order or call of the President of the United States or any proper authority, and the national guard from any other state ordered into service by any proper authority, to assist civil authorities engaged in emergency functions pursuant to this chapter shall not be liable, civilly or criminally, for any act done or caused by them in pursuance of duty in such service.

§ -10 Political activity prohibited. No organization for emergency management established under the authority of this chapter shall participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes.

§ -11 Powers on whom conferred; delegation of powers. (a) Except as otherwise expressly provided, all of the powers conferred by this chapter are conferred on the governor or mayor, who may delegate to agencies, officers, employees, and other persons, or any of them, created, appointed, or employed under, or engaged in carrying out this chapter, or to any government agency, officer, or employee, state or county, or otherwise, or provide for the subdelegation of, any of the powers, except the power (1) to proclaim an emergency or emergency period or to proclaim the period terminated, or to make any other proclamation provided for by this chapter, (2) to prescribe rules having the force and effect of law, and (3) to make allotments of funds appropriated or available for the purposes of this chapter. Unless otherwise directed by the governor or mayor, all of the powers pertaining to emergency management, hereby authorized to be delegated by the governor or mayor, shall be deemed to have been delegated by the governor to the director of emergency management and the mayor to the administrator of the county agency, with the further authority to subdelegate the powers to any agency or person to whom the governor or mayor could delegate these powers.

(b) The powers and authority conferred upon the governor or mayor by this chapter are in addition to any other powers or authority conferred upon the governor or mayor by the laws of the United States and of the State or county for the same or a like purpose, and shall not be construed as abrogating, limiting, or modifying any such powers, or authority.

§ -12 Emergency management powers, in general. (a) The governor or mayor may:

(1) Prepare comprehensive plans and programs for the protection of the State or county against natural and man-made hazards, the plans and programs to be integrated into and coordinated with the emergency management plans of the State, counties, the federal government, other states, and private entities of any type to the fullest possible extent;

(2) Identify emergency response personnel required to report for duty as directed by the department head regardless of the availability of any type of leave;

(3) Institute training, preparedness, and public information programs in coordination with the State, counties, federal government, other states, and private entities of any type;

(4) Provide or authorize suitable insignia of authority for all authorized personnel; and

(5) Direct or control, as may be necessary for emergency management:

(A) Alerts, warnings, notifications, activations, exercises, drills, tests, and exercises;

(B) Warnings and signals for alerts or exercises, and any type of warning device, system, or method to be used in connection therewith;

(C) Partial or full mobilization of emergency management personnel for training, in advance of, or in response to, an actual emergency;

(D) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, before, and after alerts, drills, exercises, or emergencies; and

(E) Traffic control.

§ -13 Emergency management functions. (a) The governor shall have the following emergency management functions and powers, irrespective of the existence of an emergency:

(1) Support requests from a mayor for assistance in preparing for, responding to, and recovering from any emergency or threat thereof;

(2) Lease, lend, or otherwise furnish, on such terms and conditions as the governor may consider necessary to promote the public welfare and protect the interest of the State, any real or personal property of the State government, to the President of the United States, the heads of the armed forces, or to the emergency management agency of the United States;

(3) Enter in, participate in, or carry out mutual aid agreements or compacts for emergency management or emergency functions with the federal government and with other states;

(4) Sponsor and develop mutual aid plans and agreements for emergency management between the State, one or more counties, and other public or private agencies, for the furnishing or exchange of food, clothing, medicine, and other materials; engineering services, emergency housing; police services; health, medical, and related services; firefighting, rescue, transportation, and construction services and facilities; personnel necessary to provide or conduct these services; and such other materials, facilities, personnel, and services as may be needed. The mutual aid plans and agreements may be made with or without provisions for reimbursement of costs and expenses, and on such terms and conditions as are deemed necessary;

(5) Take possession of, use, manage, control, and reallocate any public property of the State, real or personal, required by the governor for the purposes of this chapter, including, without limitation, airports, parks, playgrounds, and schools, and other public buildings. Whenever the property is so taken the governor may make such provision for the temporary accommodation of the government service affected thereby as the governor may deem advisable. Like provisions may be made at any time whenever it is necessary to relocate any government service because of any emergency condition;

(6) Utilize all services, materials, and facilities of nongovernmental agencies, relief organizations, community associations, and other civil groups and private agencies that may be made available;

(7) Receive, expend, or use contributions or grants, which shall be deemed to be trust funds, in money, property, or services, or loans of property, or special contributions or grants in money, property, or services, or loans of property, for special purposes provided for by this chapter; establish funds in the treasury for the deposit and expenditure of the moneys; procure federal aid as the same may be available, and apply the provisions of chapter 29 in cases of federal aid even though not in the form of money. The contributions or grants are appropriated for the purposes of this chapter, or for the special purposes;

(8) Purchase, make, produce, construct, rent, lease, or procure by condemnation, or otherwise, transport, store, install, maintain, and insure, repair, renovate, restore, replace or reconstruct, and distribute, furnish or otherwise dispose of, with or without charges, materials and facilities for emergency management; and to procure federal aid therefor whenever feasible. Chapter 103D and sections 103-50, 103-53, 103-55, 105-1 to 105-10, and 464-4 shall not apply to any emergency management functions of and to the extent that the governor finds that the provisions, in whole or in part, impede or tend to impede the expeditious discharge of the functions, or that compliance therewith is impracticable due to existing conditions;

(9) Provide for the appointment, employment, training, equipping, and maintaining, with compensation, or on a volunteer basis without compensation and without regard to chapters 76, 78, and 88 of such agencies, officers, and other persons as the governor deem necessary to carry out this chapter; to determine to what extent any law prohibiting the holding of more than one office or employment applies to the agencies, officers, and other persons; and subject to provisions of this chapter, to provide for the interchange of personnel, by detail, transfer or otherwise, between agencies or departments of the State;

(10) Make charges in such cases and in such amounts as the governor deems advisable, for any property sold, work performed, services rendered, or accommodations or facilities furnished by the State under this chapter;

(11) Make or authorize such contracts as may be necessary to carry out this chapter;

(12) Establish special accounting forms and practices whenever necessary;

(13) Require each public utility, or any person owning, controlling, or operating a critical infrastructure facility as identified by the governor, to protect and safeguard its or the person's property, or to provide for the protection and safeguarding; and provide for the protection and safeguarding of all critical infrastructure and key resources; provided that without prejudice to the generality of the foregoing two clauses, the protecting and safeguarding may include the regulation or prohibition of public entry thereon, or the permission of the entry upon such terms and conditions as the governor may prescribe;

(14) Restrict the congregation of the public in stricken or danger areas or under dangerous conditions;

(15) Direct and control the evacuation of the civilian population; provided that only during an emergency period shall there be instituted under this sub paragraph mandatory or prohibitory requirements having the force of law.

(16) Order and direct government agencies, officers, and employees of the State, to take such action and employ such measures for law enforcement, medical, health, firefighting, traffic control, warnings, and signals, engineering, rescue, construction, emergency housing, and other welfare, hospitalization, transportation, water supply, public information, training, and other emergency functions as may be necessary, and utilize the services, materials, and facilities of the agencies and officers. All such agencies and officers shall cooperate with and extend their services, materials, and facilities to the governor as the governor may request;

(17) Provide for the repair and maintenance of public property, whenever adequate provision therefor is not otherwise made; insure the property against any emergency; provide for the restoration, renovation, replacement, or reconstruction of insured property in the event of damage or loss, and make temporary restoration of public utilities and other vital facilities in the event of an emergency;

(18) The governor may assure the continuity of service by critical infrastructure and key resources, both publicly and privately owned, by regulating or, if necessary during an emergency period, to the continuation of the service thereof, by taking over and operating the same;

(19) The governor may fix or revise the hours of government business; and

(20) The governor may take any and all steps necessary or appropriate to carry out the purposes of this chapter and to provide for emergency management and other emergency management functions.

(b) The mayor shall have the following emergency management functions and powers, irrespective of the existence of an emergency period:

(1) Lease, lend, or otherwise furnish, on such terms and conditions as the mayor may consider necessary to promote the public welfare and protect the interest of the county, any real or personal property of the county government, to the governor of the State, to mayors of the other counties of the State, or to the emergency management agency of the State;

(2) Sponsor and develop mutual aid plans and agreements for emergency management between the one or more counties, and other public or private agencies, for the furnishing or exchange of food, clothing, medicine, and other materials; engineering services, emergency housing; police services; health, medical, and related services; firefighting, rescue, transportation, and construction services and facilities; personnel necessary to provide or conduct these services; and such other materials, facilities, personnel, and services as may be needed. The mutual aid plans and agreements may be made with or without provisions for reimbursement of costs and expenses, and on such terms and conditions as are deemed necessary;

(3) Take possession of, use, manage, control, and reallocate any public property of the county, real or personal, required by the mayor for the purposes of this chapter, including, without limitation, parks, playgrounds, and other public buildings. Whenever the property is so taken the mayor may make such provision for the temporary accommodation of the government service affected thereby as the mayor may deem advisable. Like provisions may be made at any time whenever it is necessary to relocate any government service because of any emergency condition;

(4) Utilize all services, materials, and facilities of nongovernmental agencies, relief organizations, community associations, and other civil groups and private agencies that may be made available;

(5) Receive, expend, or use contributions or grants, which shall be deemed to be trust funds, in money, property, or services, or loans of property, or special contributions or grants in money, property, or services, or loans of property, for special purposes provided for by this chapter; establish funds in the treasury for the deposit and expenditure of the moneys; and procure federal aid as the same may be available. The contributions or grants are appropriated for the purposes of this chapter, or for the special purposes;

(6) Purchase, make, produce, construct, rent, lease, or procure by condemnation, or otherwise, transport, store, install, maintain, and insure, repair, renovate, restore, replace or reconstruct, and distribute, furnish or otherwise dispose of, with or without charges, materials and facilities for emergency management; and to procure federal aid therefor whenever feasible. Chapter 103D and sections 103-50, 103-53, 103-55, 105-1 to 105-10, and 464-4 shall not apply to any emergency management functions of and to the extent that the mayor finds that the provisions, in whole or in part, impede or tend to impede the expeditious discharge of the functions, or that compliance therewith is impracticable due to existing conditions;

(7) Provide for the appointment, employment, training, equipping, and maintaining, with compensation, or on a volunteer basis without compensation and without regard to chapters 76, 78, and 88 of such agencies, officers, and other persons as the mayor deem necessary to carry out this chapter; to determine to what extent any law prohibiting the holding of more than one office or employment applies to the agencies, officers, and other persons; and subject to provisions of this chapter, to provide for the interchange of personnel, by detail, transfer or otherwise, between agencies or departments of the county;

(8) Make charges in such cases and in such amounts as the mayor deems advisable, for any property sold, work performed, services rendered, or accommodations or facilities furnished by the county under this chapter;

(9) Make or authorize such contracts as may be necessary to carry out this chapter;

(10) Establish special accounting forms and practices whenever necessary;

(11) Require each public utility, or any person owning, controlling, or operating a critical infrastructure facility as identified by the mayor, to protect and safeguard its or the person's property, or to provide for the protection and safeguarding; and provide for the protection and safeguarding of all critical infrastructure and key resources; provided that without prejudice to the generality of the foregoing two clauses, the protecting and safeguarding may include the regulation or prohibition of public entry thereon, or the permission of the entry upon such terms and conditions as the mayor may prescribe;

(12) Restrict the congregation of the public in stricken or danger areas or under dangerous conditions;

(13) To direct or control, as may be necessary for emergency management the evacuation and reception of the civilian population; provided that only during an emergency period shall there be instituted under this paragraph mandatory or prohibitory requirements having the force and effect of law;

(14) Order and direct government agencies, officers, and employees of the county, to take such action and employ such measures for law enforcement, medical, health, firefighting, traffic control, warnings, and signals, engineering, rescue, construction, emergency housing, and other welfare, hospitalization, transportation, water supply, public information, training, and other emergency functions as may be necessary, and utilize the services, materials, and facilities of the agencies and officers. All such agencies and officers shall cooperate with and extend their services, materials, and facilities to the mayor as the mayor may request;

(15) Provide for the repair and maintenance of public property, whenever adequate provision therefor is not otherwise made; insure the property against any emergency; provide for the restoration, renovation, replacement, or reconstruction of insured property in the event of damage or loss, and make temporary restoration of public utilities and other vital facilities in the event of an emergency;

(16) The mayor may fix or revise the hours of county government business; and

(17) The mayor may take any and all steps necessary or appropriate to carry out the purposes of this chapter and to provide for emergency management and other emergency management functions.

§ -14 Additional powers in an emergency period. (a) In the event of an emergency period, the governor may exercise the following additional powers pertaining to emergency management:

(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 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 are made applicable; further, authorize without the permission of the owners or occupants, entry on private premises for any of 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, the governor may suspend the laws, in whole or in part, or by alleviating the provisions of laws on such terms and conditions as the governor may impose, including, without limitation, 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 without limitation, laws which by this chapter specifically are made applicable to emergency management personnel;

(4) In the event of disaster or emergency beyond local control, assume direct operational control over all or any part of the emergency management functions within the affected area;

(5) Shutting off water mains, gas mains, electric power connections, or suspension of other services; and, to the extent permitted by or under federal law, suspension of electronic media transmission;

(6) The governor may 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 any other 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;

(7) The governor may suspend section 8-1, relating to state holidays, except the last paragraph which shall remain unaffected, and in the event of the suspension the governor may establish state holidays by proclamation;

(8) The governor may adjust the hours for voting to take into consideration the working hours of the voters during emergency conditions, and for the purpose to 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; and

(9) 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, without limitation, 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 an emergency period, the mayor may exercise the following additional powers pertaining to emergency management:

(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, the mayor may suspend the county laws, in whole or in part, or by alleviating the provisions of county laws on such terms and conditions as the mayor may impose, including, without limitation, 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 without limitation, laws which by this chapter specifically are made applicable to emergency management personnel;

(3) Shutting off water mains, gas mains, electric power connections, or suspension of other services; and, to the extent permitted by or under federal law, suspension of electronic media transmission; and

(4) The mayor may 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 any other 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.

§ -15 Emergency period. (a) The governor may declare the existence of a state of emergency in the State if the governor finds that an emergency has occurred or that there is danger or threat thereof and proclaims a state of emergency for any portion of the State.

(b) The mayor may declare the existence of a state of emergency in the county if the mayor finds that an emergency has occurred or that there is danger or threat thereof and proclaims a state of emergency for 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 of a state of emergency.

(d) A period of emergency shall terminate by proclamation of the governor or mayor. If no date is set by the governor or mayor, no application for any state-level disaster-related programs shall be received six months after the issuance of the governor's or mayor's proclamation declaring an emergency.

§ -16 Proclamations, how made; service of papers. (a) Every proclamation of the governor or mayor for which provision is made by this chapter, shall be promulgated by publication thereof, or when immediate promulgation is necessary in the opinion of the governor or mayor, who shall be the sole judge thereof, by official announcement thereof by means of television or radio broadcast, or both, internet, or such other means as may be available.

(b) Any process, notice, or order, service of which is provided for by this chapter, may be served by any law enforcement officer or person authorized by the governor or mayor, any other provision of law to the contrary notwithstanding.

§ -17 Major disaster fund. (a) The director shall submit requests to the legislature to appropriate from the general revenues of the State sufficient moneys as may be necessary for expenditure by or under the direction of the governor for immediate relief in the event of the occurrence of any emergency in any part of the State; provided that:

(1) The governor may not expend in excess of $2,000,000 for immediate relief of any single emergency;

(2) In addition to the funds in paragraph (1), an additional $2,000,000 shall be available solely for the purpose of matching federal disaster relief funds when these funds become available following a presidential disaster declaration; and

(3) The director may use up to $100,000 per year to support training of the emergency specialist reserve corps.

In expending the moneys, the governor may allot any portion thereof to any agency, office, or employee, federal, state, or county, for the more speedy and efficient relief of the conditions created by the emergency. The governor may determine whether an emergency contemplated by this section has occurred.

(b) Federal reimbursement moneys for disaster relief shall be deemed to be trust moneys and may be deposited into a trust account with and under the control of the department of defense. These moneys and any interest earned thereon shall be used for the purpose identified in subsection (a) and shall not lapse into the general fund.

§ -18 Allotments, etc. (a) There shall be available for allotment by the governor under this chapter:

(1) Any moneys appropriated for the purposes of this chapter, or reappropriated pursuant to subsection (b) and any unexpended moneys appropriated for disaster relief or administration thereof by any act, but only within the scope and purposes of the appropriations so made by the legislature;

(2) Contributions, as provided by section 128-10; and

(3) The governor's contingent fund.

(b) Any sums realized under this chapter from the sale of property by the State, or from work done, services rendered, or accommodations or facilities furnished by the State, or from insurance against damage or loss of property the premiums for which have been paid by the State under this chapter, shall be deemed to be trust funds for the purposes of this chapter and may be expended or allotted in the same manner as other appropriations made by or available for the purposes of this chapter.

(c) The governor may allot any moneys appropriated or available for the purposes of this chapter, to any agency, officer, or employee, created, appointed, or employed under this chapter, or to any government agency, officer, or employee, state or county, to whom powers or duties have been delegated pursuant to this chapter, to be expended in carrying out the provisions of this chapter, and in the case of county agencies, officers, or employees, to order the allotment paid over to be held, disbursed, and accounted for as other county funds or as the governor shall provide.

(d) In the event of a deficit in the general fund of the State, any appropriation made or available for the purposes of this chapter and needed for allotment under this chapter shall take priority over other appropriations from the general fund.

(e) Any appropriation made or available for the purposes of this chapter may be expended notwithstanding the existence of a specific or other appropriation for the same or a like purpose, and without prejudice to the expenditure of the other appropriation. The powers granted by this section are in addition to, and not restrictive of, the powers granted by any other section.

(f) Any order by the governor made pursuant to this section may be amended or revoked.

§ -19 Mitigation of hazardous situations. (a) Even in the absence of an emergency, the governor may authorize designated state agents, contractors, or representatives to enter private property at reasonable times to mitigate situations deemed by the governor to be hazardous to the health and safety of the public; provided that this section shall be applicable only to the following actions:

(1) Cutting, trimming, or removing dangerous trees or branches that pose a hazard to other properties;

(2) Stabilizing or removing unstable rock and soil hazards; or

(3) Cleaning streams and waterways to mitigate or prevent flooding or other disasters;

provided further that at least ten days' notice shall be provided to the landowner and to the occupier of the private property of the governor's intention to authorize designated state employees, agents, contractors, or representatives to enter the property to mitigate the hazardous situation; provided further that the landowner or occupier shall be given a reasonable opportunity to mitigate the hazardous situation without assistance of the State before designated state or county employees, agents, contractors, or representatives may enter the property.

(b) Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. If land ownership cannot be determined, notice shall be given once in a daily or weekly publication of general circulation in the county where any action or proposed action will be taken.

(c) If entry is refused, the governor may apply to the district court in the circuit in which the property is located for a warrant to enter the premises. The district court may issue a warrant directing the chief of the appropriate county police to assist the governor in gaining entry onto the premises during regular working hours or at other reasonable times.

(d) The governor may seek recovery and reimbursement, by appropriate proceedings, of all costs and expenses incurred in the mitigation of a hazardous situation under this section, and any costs and expenses imposed against any landowner shall be a lien upon the landowner's property.

(e) These provisions are dependent upon authorization and funding for personnel to administer the program.

§ -20 Shelters. (a) The governor may establish guidelines for providing suitable arrangements and accommodations for the sheltering of the public and the sheltering of pet animals in public shelters under this chapter.

(b) County emergency management agencies shall identify, in coordination with other organizations engaged in emergency management functions relating to providing shelter, or the management or operation of a public shelter under this chapter, locations and facilities suitable for the sheltering of the public and locations and facilities suitable for the sheltering of pet animals.

(c) The county emergency management agency director or administrator may also identify, in coordination with private owners, operators, or controllers of real property, private locations and facilities that are suitable for use as shelters or the sheltering of pet animals.

(d) A public shelter identified for the sheltering of pet animals pursuant to subsection (b) need not be subject to guidelines developed for public shelters, unless the particular shelter has been specifically identified as a shelter for both pet animals and the public.

(e) For purposes of this section, "pet animal" shall have the same meaning as defined in section 711-1100.

§ -21 Immunity from liability of private shelter. (a) Any individual, partnership, firm, society, unincorporated association, joint venture group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other legal entity whether doing business for itself or in a fiduciary capacity, owning or controlling real property, that voluntarily and without compensation grants a license or privilege for, or otherwise permits, the designation by the emergency management agency of the county in which the building is located for the use of the whole or any part of the property for the purpose of sheltering persons during natural or man-made disasters, shall, together with its successors in interest, if any, not be civilly liable for negligently causing the death of or injury to any person or damage to any personal property on the property of the licensor in connection with the use of the licensed premises for the purposes designated.

(b) For the purposes of this section, the following shall not be considered compensation:

(1) Any compensation or consideration paid by or on behalf of any guest or person for transient accommodation lodging;

(2) Any compensation or consideration paid for any patient, resident, or ward present or residing in any hospital, community-based care home, home-based care home, or healthcare agency of any type licensed by the department of health or the department of human services and used as a private shelter under this section; provided that the protections afforded by this section shall not extend beyond the use of the private shelter under this section for any other duty or standard of care owed to any patient, resident, or ward; and

(3) Any compensation or consideration paid by or on behalf of any minor or student of any age in any day care, preschool, elementary school, middle school, or any other educational facility used as a private shelter under this section.

§ -22 Notice of requisition. The governor or mayor may requisition and take over any materials, facilities, real property or improvements, required for the purposes of this chapter, or requisition and take over the temporary use thereof. The requisition shall be made by serving notice thereof, which notice may be served upon any person found in occupation of the premises or having the property in the person's custody, possession, or control; provided that a like notice shall also be served upon any person who has filed with the governor or mayor, or with such person as the governor or mayor may designate for the purpose, a request for notice with respect to the property; provided further that whenever all persons entitled to compensation for the property have not been served in the manner aforesaid, the governor or mayor shall publish a notice of the requisition at the earliest practicable date.

§ -23 Determination of compensation. Whenever the governor or mayor requisitions and takes over any property or the temporary use thereof, the owner, or other person entitled thereto, shall be paid as compensation for the property or use, such sum as the governor or mayor determines to be fair and just, within twenty days after it has been requisitioned and taken; provided that the compensation for temporary use may be paid in monthly or lesser installments. If any person is unwilling to accept, as full and complete compensation for the property or use, the sum determined by the governor or mayor, the person shall be paid seventy-five per cent of the sum determined by the governor or mayor, and shall be entitled to sue the State or county for such additional sum as, when added to the sum already received by the person, the person may consider fair and just compensation for such property or use, in the manner provided by chapter 661 for actions against the State and any other applicable chapter for actions against the county; provided that the suit is instituted within two years after the requisition in the case of the taking of real property in fee simple, or within one year after the requisition in all other cases, subject, to sections 657-13 to 657-15, which are hereby made applicable to such a suit; except that no more than six months shall be allowed for the bringing of a suit after the appointment of a conservator of the person under disability, or the removal of the disability, or after the appointment of personal representatives; provided further that recovery shall be confined to the fair market value of the property or its fair rental value, as the case may be, without any allowance for prospective profits, punitive or other damages. Whenever the owner of property, or other person entitled to compensation on account of the requisitioning of property or the use thereof, is under a disability, or has died, and no conservator or personal representative has been appointed, the State acting through the attorney general, may apply for the appointment of a conservator, or for the appointment of a personal representative.

§ -24 Determination of damages. The governor or mayor shall appoint a board of three disinterested certified appraisers with whom may be filed any claim for damages arising out of any failure to return private property, the temporary use of which was requisitioned, or which was leased, or any claim for damages arising out of the condition in which the private property is returned; provided that no such claim shall be filed for deterioration of property resulting from ordinary wear and tear, not for any deterioration or damage except such as is shown to have resulted from the taking or use of the property. The claim shall be filed within thirty days after the return of the property or after the governor or mayor proclaims that all private property has been returned to the owners, whichever is earlier. The decision of the appraisers shall be final and binding upon the governor or mayor, and the claimant, provided that either party may file a petition in the circuit court within sixty days after the rendering of a decision of the board, praying for the decision of the court upon the claim. The petition, if filed by the State, shall be entitled in the name of the State, by the attorney general, and if filed by the county, shall be entitled in the name of the county, by its corporation counsel, and shall be heard and decided by the circuit court without the intervention of a jury. If filed by any other party, the petition shall be filed, heard, and decided in the manner provided for suits against the State. Appellate review may be had, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. The court may order the joinder of other parties or may allow other parties to intervene. Any award that has become final shall be paid out of any funds available under this chapter and, if not sufficient, out of the general revenues of the State as appropriated or out of the general revenues of the county as appropriated.

§ -25 Investigations and surveys. The governor or mayor may make investigations and surveys for the purpose of ascertaining facts to be used in administering this chapter, and in making the investigations and surveys may require the making or filing of schedules or statements, under oath or otherwise, may administer oaths, take evidence under oath, subpoena witnesses, make inspections, and require the production of books, papers, and records. The circuit court of any circuit or judge thereof, may enforce by proper proceedings the making or filing of the schedules or statements, the attendance and testimony of any witness subpoenaed to appear within the circuit, or the production of books, papers, and records. The proceedings shall be in addition to, and not exclusive of, any other means or methods of enforcement.

No person shall be excused from attending and testifying, or from producing books, papers, or records before the governor or mayor or in obedience to the subpoena of the governor or mayor, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter or any rule, regulation, or order thereunder, on the ground, or for the reason, that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the person is compelled after having claimed the person's privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

Witnesses shall be allowed their fees and mileage as in cases in the circuit courts.

§ -26 Rules and orders. For the purpose of carrying out any provision of this chapter, the governor or mayor may adopt rules, which may, if so stated in the rules, have the force and effect of law. All the rules, and likewise all other action taken under this chapter, shall be made and taken with due consideration of the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto. In these rules reasonable classifications, exceptions, and exemptions may be made and granted. Chapter 91 shall not apply to such rules.

The power to adopt rules having the force and effect of law shall not be deemed in derogation of the power of the governor, or the governor's duly authorized representatives, or the mayor, or the mayor's duly authorized representative, to make orders for the enforcement of this chapter or the rules issued thereunder. The rules may provide for the making of administrative findings by duly authorized representatives, or for the application of the rules by such representatives as the circumstances may require, and the issuance of orders therefor.

Rules adopted pursuant to this chapter shall be promulgated as herein provided, and may be made effective upon the promulgation. The rules shall be promulgated by publishing the same in a newspaper of general circulation in the State, the manner prescribed by this chapter for publication of proclamations, or, where only known persons are concerned, the same may be promulgated by service upon these persons by registered or certified mail, or by personal service; provided that when immediate promulgation of the rules is necessary in the opinion of the governor or mayor, who shall be the sole judge thereof, in lieu of publication, the same may be promulgated by radio broadcast or such other means as may be available; provided further that the rules shall be published thereafter, as hereinbefore provided at the earliest practicable date.

§ -27 Forfeitures. The forfeiture of any property unlawfully possessed, pursuant to this chapter, may be adjudged upon conviction of the offender found to be unlawfully in possession of the same, where no person other than the offender is entitled to notice and hearing with respect to the forfeiture, or the forfeiture may be enforced by an appropriate civil proceeding brought in the name of the State. The district courts and circuit courts shall have concurrent jurisdiction of the civil proceedings. Any property forfeited as provided in this section may be ordered destroyed, or may be ordered delivered for public use to such agency as shall be designated by the governor or the governor's representative, or may be ordered sold, wholly or partially, for the account of the State.

§ -28 Preliminary or interlocutory injunctions and temporary restraining orders. Any provision of law to the contrary notwithstanding, no preliminary or interlocutory injunction, or temporary restraining order, suspending, enjoining, or restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, on the ground of unconstitutionality or for any other reason or reasons, any provision of this chapter or any proclamation, order, rule, or regulation prescribed, made or issued under the authority of this chapter, shall be issued or granted by any court of the State, or by any judge thereof, unless the application for the same is presented to a circuit judge, and is heard and determined by the circuit judge sitting with two other circuit judges, and unless a majority of the judges concur in granting the application. When the application is presented to a judge, the judge shall immediately notify the chief justice of the supreme court of the State; or in the event of the chief justice's absence or incapacity or a vacancy in the office, the senior associate justice, who shall forthwith assign two other circuit judges to sit with the circuit judge in hearing and determining the application. The application shall not be heard or determined before at least five days' notice of the hearing has been given to the governor and to the attorney general, the mayor and the county corporation counsel, and to such other persons as may be defendants or respondents in the suits; provided that in cases where immediate irreparable damage would otherwise ensue to the petitioner, the circuit judge to whom the application is made may, after giving notice to the governor and the attorney general or the mayor and the county corporation counsel and allowing them an opportunity to appear, grant a temporary stay or suspension, in whole or in part, of the operation of the statutory provision, proclamation, order, rule, or regulation, the stay or suspension to remain in force only until the hearing and determination of the application for a preliminary or interlocutory injunction, and in any event for not more than ten days from the date of the order of the judge, provided further that if the two additional circuit judges have been assigned to the case, no temporary stay or suspension shall be ordered unless a majority of the three circuit judges shall concur. In a case of the stay or suspension, the order of the judge or judges shall contain a finding or findings, based upon evidence submitted to the judge or judges and incorporated in the order by reference thereto, that irreparable damage would result to the petitioner, and specifying the nature of the damage and why it is immediate and irreparable. The three circuit judges assigned to sit in the case may, upon a like finding and for good cause shown, appearing from reasons entered of record, continue the temporary stay or suspension for an additional ten-day period, but for only one such period unless the party against whom the order is directed consents that it may be extended for a longer period. The hearing upon an application for a preliminary or interlocutory injunction shall be given precedence and shall be in every way expedited and be assigned for hearing at the earliest practicable day. If a temporary stay or suspension has been allowed, the application for a preliminary or interlocutory injunction shall be set for hearing within five days after the granting of the stay or suspension. When the matter comes on for hearing, the party who obtained the temporary stay or suspension shall proceed with the application for a preliminary or temporary injunction. Otherwise the temporary order shall be dissolved forthwith. No extension of time shall be granted without the approval of at least two of the three judges. Upon the final hearing of any such suit the same requirement as to judges and the same procedure as to expedition shall apply.

§ -29 Enforcement of injunction proceedings; interventions. (a) Whenever in the judgment of the governor or mayor, any person has engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of this chapter, or any rule of the governor or mayor issued under this chapter, having the force and effect of law, the governor or mayor may make application to the appropriate court in the name of the State or county for an order enjoining the acts or practices, or for such other order as will enforce compliance with the provisions, and upon a showing by the governor or mayor in such manner and form as is usual in injunction cases, that the person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other appropriate order shall be granted without bond.

(b) The governor may intervene in the name of the State or the mayor may intervene in the name of the county in any action or proceeding wherein a party asserts a right or relies for ground of relief or defense upon this chapter or upon any rule or regulation of the governor or mayor issued hereunder, or wherein, in the judgment of the governor or mayor, there is an issue to be presented that involves enforcement of this chapter or the rules.

§ -30 Misdemeanors. Any person violating any rule of the governor or mayor prescribed and promulgated pursuant to this chapter and having the force and effect of law, shall, if it shall be so stated in the rule, be guilty of a misdemeanor. Upon conviction the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.

Any person who, intentionally, knowingly, or recklessly, destroys, damages, or loses any shelter or warning or signal device, shall if the same was installed or constructed by the United States, the State, or a county, or is the property of the United States, the State, or a county, be fined the cost of replacement, or imprisoned not more than one year, or both. The governor or mayor, by rule, may make further provisions for the protection from misuse of shelters, protective devices, and warning and signal devices.

§ -31 Rental or sale of essential commodities during a state disaster; prohibition against price increases. (a) Whenever the governor declares an emergency for the entire State or any portion thereof, or a mayor declares an 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 declaration 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 a disaster declaration or a 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; and

(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 disaster, and which 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 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; or in the event of a declaration, the later of a date specified by the governor or mayor in the declaration or ninety-six hours after the effective date and time of the declaration, unless such prohibition is continued by a supplementary declaration issued by the governor or mayor. The effective time for this section shall be twelve noon of the effective date of the proclamation if no time is given in the proclamation.

(d) In any action against a merchant, landlord, or other business for violation of the price limitations in this section, the defendant shall be deemed not to have violated this section if the defendant proves all of the following:

(1) The violation of the price limitation was unintentional;

(2) The defendant voluntarily rolled back prices to the appropriate level upon discovering that this section was or may have been violated; and

(3) The defendant has instituted a restitution program for all consumers who may have paid excessive prices.

(e) Any violation of this section shall constitute unfair methods of competition and unfair and deceptive acts or practices in the conduct of any trade or commerce under section 480-2 and shall be subject to a civil penalty as provided in section 480-3.1. Each item sold at a price that is prohibited by this section shall constitute a separate violation.

§ -32 Penalties prescribed by this chapter additional to other penalties. If conduct prohibited by or under the authority of this chapter is also made unlawful by another or other laws, the offender may be convicted as provided in this chapter or for the violation of the other law or laws.

§ -33 Effect of this chapter on other laws. All laws inconsistent with the provisions of this chapter, or of any rule issued under the authority of this chapter, shall be suspended during the period of time and to the extent that the emergency exists, and may be, by the governor for all laws, or mayor for county laws, designated as so suspended."

SECTION 3. Section 1-28.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) This section shall not apply to notices required by chapters 103D, 103F, , and 523A."

SECTION 4. Section 26-21, Hawaii Revised Statutes, is amended to read as follows:

" §26-21 Department of defense. (a) The department of defense shall be headed by a single executive to be known as the adjutant general. The adjutant general shall also be the director of [~~civil defense~~] emergency management.

The adjutant general is responsible for the administration, operation, and management of the Hawaii emergency management agency.

[~~There shall be a full-time vice director of civil defense who shall be appointed and may be removed by the director.~~]

The department shall be responsible for the defense of the State and its people from mass violence, originating from either human or natural causes.

The devolution of command of the military forces in the absence of the adjutant general shall be within the military establishment. The devolution of command of the [~~civil defense agency~~] Hawaii emergency management agency in the absence of the [~~director of civil defense~~] adjutant general shall be within the [~~civil defense agency.~~] Hawaii emergency management agency.

[(b) There shall be within the department of defense a commission to be known as the civil defense advisory council which shall sit in an advisory capacity to the director of civil defense on matters pertaining to civil defense. The composition of the commission shall be as heretofore provided by law for the civil defense advisory council existing immediately prior to November 25, 1959.

(c) The functions and authority heretofore exercised by the military department and the civil defense agency as heretofore constituted are transferred to the department of defense established by this chapter.]

(b) The office of veterans' services and the advisory board on veterans' services as constituted by chapter 363 are placed within the department of defense for administrative purposes."

SECTION 5. Section 121-30, Hawaii Revised Statutes, is amended to read as follows:

"§121-30 Order to active service. In case of war, insurrection, invasion, riot, or imminent danger thereof, or any forcible obstruction to the execution of the laws, or reasonable apprehension thereof, or for assistance to civil authorities in disaster relief [~~or civil defense~~], the governor may order the national guard or other component of the militia or any part thereof into active service. The governor or the governor's designated representative also may order the national guard into active service as emergency personnel for emergency management functions or in nonemergency situations for duty and training in addition to the drill and instruction required by section 121-28."

SECTION 6. Section 134-7.2, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Notwithstanding any provision of chapter [~~128~~] or any other law to the contrary, no person or government entity shall seize or confiscate, under any [~~civil defense,~~] emergency[,] or disaster relief powers or functions conferred, or during any [~~civil defense~~] emergency period, as defined in section [~~128-2,~~] -15, or during any time of national emergency or crisis, as defined in section 134-34, any firearm or ammunition from any individual who is lawfully permitted to carry or possess the firearm or ammunition under part I of this chapter and who carries, possesses, or uses the firearm or ammunition in a lawful manner and in accordance with the criminal laws of this State.

(b) Notwithstanding any provision of chapter [~~128~~] or any other law to the contrary, no person or government entity shall suspend, revoke, or limit, under any [~~civil defense,~~] emergency[,] or disaster relief powers or functions conferred, any lawfully acquired and maintained permit or license obtained under and in accordance with part I of this chapter."

SECTION 7. Section 269-16.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any utility that sustains damage to its facilities as a result of a state-declared emergency (including but not limited to [~~disaster relief and civil defense~~] emergencies as defined in [~~chapters 127 and 128~~] chapter ) and incurs costs related to the restoration and repair of its facilities which, if assessed only on the utility ratepayers of the affected utility service territory, may result in a rate increase of more than fifteen per cent for the average ratepayer in that utility service territory, may apply to the public utilities commission in accordance with this section to recover the costs provided herein through a monthly surcharge which shall be assessed on a statewide basis and shall be based on the utility's net restoration and repair costs; provided that the surcharge shall not result in an assessment of more than fifteen per cent for the average ratepayer in each of the other utility service territories and provided further that the public utilities commission shall exclude ratepayers in utility service territories with rates that may be substantially higher than other utility service territories in the State.

The public utilities commission shall have the authority to initially set, or subsequently revise, the surcharge to reflect the actual net restoration and repair costs incurred after deduction of amounts received from outside sources of recovery. Such outside sources of recovery shall include, but not be limited to, insurance proceeds, government grants, and shareholder contributions."

SECTION 8. Section 271G-10, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) The commission shall not issue any certificate that is designated as interim or temporary or that otherwise does not conform to the requirements of this chapter except in response to an emergency situation; provided that an emergency situation shall mean a state-declared emergency [~~including disaster relief pursuant to [chapter 127 or a civil defense emergency~~] pursuant to chapter ~~[128.~~] . Any certificate issued pursuant to this subsection shall expire upon the expiration of the state-declared emergency or an earlier date determined by the commission in response to prevailing conditions. An extension of a certificate granted under this subsection beyond the expiration of the state-declared emergency or date determined by the commission shall be granted only subject to the notice, hearing, and findings requirements of this chapter."

SECTION 9. Section 707-700, Hawaii Revised Statutes, is amended by amending the definition of "emergency worker" to read as follows:

""Emergency worker" means any:

(1) Law enforcement officer, including but not limited to any police officer, public safety officer, parole or probation officer, or any other officer of any county, state, federal, or military agency authorized to exercise law enforcement or police powers;

(2) Firefighter, emergency medical services personnel, emergency medical technician, ambulance crewmember, or any other emergency response personnel;

(3) Member of the Hawaii national guard on any duty or service done under or in pursuance of an order or call of the governor or the President of the United States or any proper authority;

(4) Member of the United States Army, Air Force, Navy, Marines, or Coast Guard on any duty or service done under or in pursuance of an order or call of the President of the United States or any proper authority;

(5) Member of the national guard from any other state ordered into service by any proper authority; or

(6) Person engaged in [~~civil defense~~] emergency management functions as authorized by the director of [~~civil defense~~] emergency management or as otherwise authorized under chapter ~~[128; or~~] .

[~~(7) Person engaged in disaster relief by authorization of the director of disaster relief or as otherwise authorized under chapter 127.~~]"

SECTION 10. Section 707-712.7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§707-712.7[]] Assault against an emergency worker. (1) A person commits the offense of assault against an emergency worker if the person, during the time of [~~a civil defense~~] an emergency proclaimed by the governor pursuant to chapter [~~128,~~] , within the area covered by the [~~civil defense~~] emergency [~~or during the period of disaster relief under chapter 127~~]:

(a) Intentionally, knowingly, or recklessly causes serious or substantial bodily injury to an emergency worker; or

(b) Intentionally, knowingly, or recklessly causes bodily injury to an emergency worker with a dangerous instrument.

(2) Assault against an emergency worker is a class B felony."

SECTION 11. Section 708-817, Hawaii Revised Statutes, is amended to read as follows:

"[[]§708-817[]] Burglary of a dwelling during [~~a civil defense~~] an emergency [~~or disaster relief~~] period. (1) A person commits the offense of burglary of a dwelling during [~~a civil defense~~] an emergency [~~or disaster relief~~] period if the person:

(a) Intentionally enters or remains unlawfully in a dwelling with intent to commit therein a crime against a person or against property rights; and

(b) Recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling,

during the time of [~~a civil defense~~] an emergency proclaimed by the governor pursuant to chapter [~~128,~~] , within the area covered by the [~~civil defense~~] emergency [~~or during the~~] period [~~of disaster relief~~] under chapter ~~[127~~] .

(2) Burglary of a dwelling during [~~a civil defense~~] an emergency [~~or disaster relief~~] period is a class A felony."

SECTION 12. Section 708-820, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of criminal property damage in the first degree if by means other than fire:

(a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury;

(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $20,000;

(c) The person intentionally or knowingly damages the property of another during the time of a [~~civil defense~~] an emergency proclaimed by the governor pursuant to chapter [~~128,~~] , within the area covered by the [~~civil defense~~] emergency [~~or during the period of disaster relief under chapter 127~~]; or

(d) The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $1,500. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production."

SECTION 13. Section 708-830.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of theft in the first degree if the person commits theft:

(a) Of property or services, the value of which exceeds $20,000;

(b) Of a firearm;

(d) Of property or services during the time of [~~a civil defense~~] an emergency proclaimed by the governor pursuant to chapter [~~128,~~] , within the area covered by the [~~civil defense~~] emergency [~~or during the period of disaster relief~~] under chapter [~~127,~~] , the value of which exceeds $300."

SECTION 14. Section 708-840, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of robbery in the first degree if, in the course of committing theft or non-consensual taking of a motor vehicle:

(a) The person attempts to kill another or intentionally or knowingly inflicts or attempts to inflict serious bodily injury upon another;

(b) The person is armed with a dangerous instrument and:

(i) The person uses force against the person of anyone present with intent to overcome that person's physical resistance or physical power of resistance; or

(ii) The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property;

(c) The person uses force against the person of anyone present with the intent to overcome that person's physical resistance or physical power of resistance during the time of [~~a civil defense~~] an emergency proclaimed by the governor pursuant to chapter [~~128,~~] , within the area covered by the [~~civil defense~~] emergency [~~or during the period of disaster relief under chapter 127~~]; or

(d) The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property during the time of [~~a civil defense~~] an emergency proclaimed by the governor pursuant to chapter [~~128,~~] , within the area covered by the [~~civil defense~~] emergency [~~or during the period of disaster relief under chapter 127~~]."

SECTION 15. Chapter 127, Hawaii Revised Statutes, is repealed.

SECTION 16. Chapter 128, Hawaii Revised Statutes, is repealed.

SECTION 17. Section 209-9, Hawaii Revised Statutes, is repealed.

["~~§209-9~~ Rental or sale of essential commodities during a state disaster; prohibition against price increases. (a) Whenever the governor declares a state disaster for the entire State 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 disaster declaration or the severe weather warning; and

~~(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~~

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

~~(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.~~

As used in this section, "breach of a material term" means the failure of a party to perform an obligation under the rental agreement which constitutes the consideration for entering into the contract and includes the failure to make a timely payment of rent. For the purpose of this subsection:

(b) Notwithstanding this section, any additional operating expenses incurred by the seller or landlord because of the state disaster, and which 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 which was signed by the tenant prior to the disaster 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; or in the event of a disaster declaration, until the declaration is altered, amended, revised, or revoked by the governor.

~~(1) The violation of the price limitation was unintentional;~~

~~(2) The defendant voluntarily rolled back prices to the appropriate level upon discovering that this section was or may have been violated; and~~

~~(3) The defendant has instituted a restitution program for all consumers who may have paid excessive prices.~~

(e) Any violation of this section shall constitute unfair methods of competition and unfair and deceptive acts or practices in the conduct of any trade [or] commerce under section 480-2 and shall be subject to a civil penalty as provided in section 480-3.1. Each item sold at a price that is prohibited by this section shall constitute a separate violation."]

SECTION 18. The functions and authority heretofore exercised by the civil defense agency of the department of defense as heretofore constituted are transferred to the Hawaii emergency management agency and placed within the department of defense for administrative purposes.

All rights, powers, functions, and duties of the civil defense agency of the department of defense are transferred to the Hawaii emergency management agency and the Hawaii emergency management agency is placed within the department of defense for administrative purposes.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

All rules, policies, procedures, guidelines, and other material adopted or developed by the civil defense agency of the department of defense, or the department of defense on behalf of the civil defense agency, to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the Hawaii emergency management agency by this Act, shall remain in full force and effect until amended or repealed by the Hawaii emergency management agency. In the interim, every reference to the civil defense agency of the department of defense in any rules, policies, procedures, guidelines, and other material is amended to refer to the Hawaii emergency management agency.

All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the civil defense agency of the department of defense, or the department of defense on behalf of the civil defense agency, pursuant to the provisions of the Hawaii Revised Statutes, which are reenacted or made applicable to the Hawaii emergency management agency, by this Act, shall remain in full force and effect. Effective upon approval of this Act, every reference to the civil defense agency of the department of defense or the department of defense for its civil defense agency, shall be construed as a reference to the Hawaii emergency management agency.

All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the civil defense agency of the department of defense relating to the functions transferred to the Hawaii emergency shall be transferred with functions to which they relate.

If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this funding does not affect the operation of the remainder of this Act in its application to the agencies concerned. The rules under this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.

SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 20. This Act shall take effect upon its approval; provided that those portions of section 2 relating to the establishment of the county emergency management agency shall take effect on July 1, 2015, or when county enabling legislation is signed into law, whichever is earlier.

INTRODUCED BY:

_____________________________

BY REQUEST

THE SENATE	S.B. NO.	1080
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII