SB 353: Emergency Management; State of Emergency

A BILL FOR AN ACT

RELATING TO EMERGENCY MANAGEMENT.

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

     SECTION 1.  The legislature finds that the emergence of COVID-l9 and its variants created a great challenge to global health, the economy, and Hawaii's way of life.  The governor and county mayors had to exercise their emergency powers under chapter 127A, Hawaii Revised Statutes, to impose rules aimed to control the spread of COVID-l9.  The enforcement of those rules was critical to efforts to limit the spread of COVID-l9, protect the health and safety of the community, manage medical resources, and promote economic recovery.  The COVID-19 pandemic highlights the importance of clear legal frameworks for state and county emergency management to ensure that the State and counties are ready for any type of emergency.

     The legislature further finds that chapter 127A, Hawaii Revised Statutes, should clearly specify and articulate the bases for emergency actions.  To that end, this Act amends chapter 127A, Hawaii Revised Statutes, to require specificity when suspending provisions of law during an emergency; clarify when and how Hawaii's emergency management system involves coordination between state and county emergency management functions; and clarify the legal framework governing the extension and termination of states of emergency.

     The purpose of this Act is to clarify state and county emergency management authority, ensure effective and adaptable emergency responses, and further the goals of transparency and democratic accountability within the State's constitutional system.

     SECTION 2.  Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§127A-     Suspension of certain record requests; prohibited.  (a)  The governor or mayor shall not, through any proclamation or declaration of emergency or any rule or order adopted pursuant to this chapter, suspend access to:

     (1)  Records pursuant to chapter 92F; or

     (2)  Vital records or statistics pursuant to section 338‑18.

     (b)  Due to extenuating circumstances, there may be a reasonable delay in an agency's response to a request; provided that an agency shall not reject a request at any time, regardless of whether an emergency has been declared."

     SECTION 3.  Section 127A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Severe weather warning" means the issuance by the National Weather Service, Pacific Tsunami Warning Center, United States Geological Survey, or other public authority of a public notification that a dangerous condition exists that could affect the State, or any portion of it, within a specified period of time.  "Severe weather warning" includes but is not limited to warnings of coastal inundation, high surf, flash flooding, volcanic activity, tsunami, or hurricane."

     SECTION 4.  Section 127A-13, Hawaii Revised Statutes, is amended to read as follows:

     "§127A-13  Additional powers in an emergency period.  (a)  In the event of a state of emergency declared by the governor pursuant to section 127A-14, the governor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Provide for and require the quarantine or segregation of persons who are affected with or believed to have been exposed to any infectious, communicable, or other disease that is, in the governor's opinion, dangerous to the public health and safety, or persons who are the source of other contamination, in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety; provide for the care and treatment of the persons; supplement the provisions of sections 325-32 to 325-38 concerning compulsory immunization programs; provide for the isolation or closing of property that is a source of contamination or is in a dangerous condition in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety, and designate as public nuisances acts, practices, conduct, or conditions that are dangerous to the public health or safety or to property; authorize that public nuisances be summarily abated and, if need be, that the property be destroyed by any police officer or authorized person, or provide for the cleansing or repair of property, and if the cleansing or repair is to be at the expense of the owner, the procedure therefor shall follow as nearly as may be the provisions of section 322-2, which shall be applicable; and further, authorize without the permission of the owners or occupants, entry on private premises for any of these purposes;

     (2)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the governor to exist in the laws and to result from the operation of federal programs or measures taken under this chapter, by suspending the laws, in whole or in part, or by alleviating [the provisions of laws on], subject to terms and conditions [as] that the governor may [impose,] specify, the provisions of laws, including licensing laws, quarantine laws, and laws relating to labels, grades, and standards;

     (3)  [Suspend] Except as provided in section 127A-  , suspend any law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the governor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (4)  Suspend the provisions of any regulatory law prescribing the procedures for out-of-state utilities to conduct business in the State including any licensing laws applicable to out-of-state utilities or their respective employees, as well as any order[,] or rule[, or regulation] of any state agency, if strict compliance with the provisions of any law, order[,] or rule[, or regulation] would in any way prevent, hinder, or delay necessary action of a state utility in coping with the emergency or disaster with assistance that may be provided under a mutual assistance agreement;

     (5)  In the event of a disaster or emergency beyond local control, [or] an event that in the opinion of the governor[, renders] makes state operational control or coordination necessary, or upon request of the local entity, assume direct operational control over all or any part of the emergency management functions within the affected area;

     (6)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (7)  Direct and control the mandatory evacuation of the civilian population;

     (8)  Exercise additional emergency functions to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and notwithstanding any other law to the contrary, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto;

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

    (10)  Adjust the hours for voting to take into consideration the working hours of the voters during the emergency period, and suspend those provisions of section 11-131 that fix the hours for voting, and fix other hours by stating the same in the election proclamation or notice, as the case may be;

    (11)  Assure the continuity of service by critical infrastructure facilities, both publicly and privately owned, by regulating or, if necessary to the continuation of the service thereof, by taking over and operating the same; and

    (12)  Except as provided in section 134-7.2, whenever in the governor's opinion, the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any objects, implements, or substances unlawfully possessed, as provided in this chapter.

     (b)  In the event of a local state of emergency declared by the mayor pursuant to section 127A-14, the mayor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the mayor to exist in the laws of the county and to result from the operation of federal programs or measures taken under this chapter, by suspending the county laws, in whole or in part, or by alleviating [the provisions of county laws on], subject to terms and conditions [as] that the mayor may [impose,] specify, the provisions of county laws, including county licensing laws[,] and county laws relating to labels, grades, and standards;

     (2)  [Suspend] Except as provided in section 127A-  , suspend any county law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the mayor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (3)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (4)  Direct and control the mandatory evacuation of the civilian population; and

     (5)  Exercise additional emergency functions, to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and any other county law to the contrary notwithstanding, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto."

     SECTION 5.  Section 127A-14, Hawaii Revised Statutes, is amended to read as follows:

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

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

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

     (d)  A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, unless extended or terminated by a separate or supplementary proclamation of the governor or mayor.  The governor or mayor shall proclaim the termination of a state of emergency or local state of emergency, respectively, at the earliest possible date that conditions warrant.

     (e)  Thirty days after the issuance of a proclamation of a state of emergency declared by the governor pursuant to this section, the legislature may, by an affirmative vote of two-thirds of the members to which each house is entitled, terminate a state of emergency, in part or in whole.

     (f)  Thirty days after the issuance of a proclamation of a state of emergency declared by a mayor pursuant to this section, the respective county council may, by an affirmative vote of two-thirds of the members to which the council is entitled, terminate a local state of emergency, in part or in whole."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 3000.

Report Title:

Emergency Management; State of Emergency

Description:

Amends emergency management laws to clarify state and county authority.  Prohibits the Governor or Mayor from suspending requests for records or vital records and statistics during a state of emergency.  Adds definition of the term "severe weather warning".  Allows the Legislature and county councils to terminate a state of emergency after thirty days, in whole or in part, issued by the Governor or Mayor, respectively.  Effective 7/1/3000.  (HD3)

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

A BILL FOR AN ACT

RELATING TO EMERGENCY MANAGEMENT.

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

     SECTION 1.  The legislature finds that the emergence of COVID-l9 and its variants created a great challenge to global health, the economy, and Hawaii's way of life.  The governor and county mayors had to exercise their emergency powers under chapter 127A, Hawaii Revised Statutes, to impose rules aimed to control the spread of COVID-l9.  The enforcement of those rules was critical to efforts to limit the spread of COVID-l9, protect the health and safety of the community, manage medical resources, and promote economic recovery.  The COVID-19 pandemic highlights the importance of clear legal frameworks for state and county emergency management to ensure that the State and counties are ready for any type of emergency.

     The legislature further finds that chapter 127A, Hawaii Revised Statutes, should clearly specify and articulate the bases for emergency actions.  To that end, this Act amends chapter 127A, Hawaii Revised Statutes, to require specificity when suspending provisions of law during an emergency; clarify when and how Hawaii's emergency management system involves coordination between state and county emergency management functions; and clarify the legal framework governing the extension and termination of states of emergency.

     The purpose of this Act is to clarify state and county emergency management authority, ensure effective and adaptable emergency responses, and further the goals of transparency and democratic accountability within the State's constitutional system.

     SECTION 2.  Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§127A-     Suspension of certain record requests; prohibited.  (a)  The governor or mayor shall not, through any proclamation or declaration of emergency or any rule or order adopted pursuant to this chapter, suspend access to:

     (1)  Records pursuant to chapter 92F; or

     (2)  Vital records or statistics pursuant to section 338‑18.

     (b)  Due to extenuating circumstances, there may be a reasonable delay in an agency's response to a request; provided that an agency shall not reject a request at any time, regardless of whether an emergency has been declared."

     SECTION 3.  Section 127A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Severe weather warning" means the issuance by the National Weather Service, Pacific Tsunami Warning Center, United States Geological Survey, or other public authority of a public notification that a dangerous condition exists that could affect the State, or any portion of it, within a specified period of time.  "Severe weather warning" includes but is not limited to warnings of coastal inundation, high surf, flash flooding, volcanic activity, tsunami, or hurricane."

     SECTION 4.  Section 127A-13, Hawaii Revised Statutes, is amended to read as follows:

     "§127A-13  Additional powers in an emergency period.  (a)  In the event of a state of emergency declared by the governor pursuant to section 127A-14, the governor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Provide for and require the quarantine or segregation of persons who are affected with or believed to have been exposed to any infectious, communicable, or other disease that is, in the governor's opinion, dangerous to the public health and safety, or persons who are the source of other contamination, in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety; provide for the care and treatment of the persons; supplement the provisions of sections 325-32 to 325-38 concerning compulsory immunization programs; provide for the isolation or closing of property that is a source of contamination or is in a dangerous condition in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety, and designate as public nuisances acts, practices, conduct, or conditions that are dangerous to the public health or safety or to property; authorize that public nuisances be summarily abated and, if need be, that the property be destroyed by any police officer or authorized person, or provide for the cleansing or repair of property, and if the cleansing or repair is to be at the expense of the owner, the procedure therefor shall follow as nearly as may be the provisions of section 322-2, which shall be applicable; and further, authorize without the permission of the owners or occupants, entry on private premises for any of these purposes;

     (2)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the governor to exist in the laws and to result from the operation of federal programs or measures taken under this chapter, by suspending the laws, in whole or in part, or by alleviating [the provisions of laws on], subject to terms and conditions [as] that the governor may [impose,] specify, the provisions of laws, including licensing laws, quarantine laws, and laws relating to labels, grades, and standards;

     (3)  [Suspend] Except as provided in section 127A-  , suspend any law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the governor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (4)  Suspend the provisions of any regulatory law prescribing the procedures for out-of-state utilities to conduct business in the State including any licensing laws applicable to out-of-state utilities or their respective employees, as well as any order[,] or rule[, or regulation] of any state agency, if strict compliance with the provisions of any law, order[,] or rule[, or regulation] would in any way prevent, hinder, or delay necessary action of a state utility in coping with the emergency or disaster with assistance that may be provided under a mutual assistance agreement;

     (5)  In the event of a disaster or emergency beyond local control, [or] an event that in the opinion of the governor[, renders] makes state operational control or coordination necessary, or upon request of the local entity, assume direct operational control over all or any part of the emergency management functions within the affected area;

     (6)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (7)  Direct and control the mandatory evacuation of the civilian population;

     (8)  Exercise additional emergency functions to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and notwithstanding any other law to the contrary, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto;

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

    (10)  Adjust the hours for voting to take into consideration the working hours of the voters during the emergency period, and suspend those provisions of section 11-131 that fix the hours for voting, and fix other hours by stating the same in the election proclamation or notice, as the case may be;

    (11)  Assure the continuity of service by critical infrastructure facilities, both publicly and privately owned, by regulating or, if necessary to the continuation of the service thereof, by taking over and operating the same; and

    (12)  Except as provided in section 134-7.2, whenever in the governor's opinion, the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any objects, implements, or substances unlawfully possessed, as provided in this chapter.

     (b)  In the event of a local state of emergency declared by the mayor pursuant to section 127A-14, the mayor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the mayor to exist in the laws of the county and to result from the operation of federal programs or measures taken under this chapter, by suspending the county laws, in whole or in part, or by alleviating [the provisions of county laws on], subject to terms and conditions [as] that the mayor may [impose,] specify, the provisions of county laws, including county licensing laws[,] and county laws relating to labels, grades, and standards;

     (2)  [Suspend] Except as provided in section 127A-  , suspend any county law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the mayor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (3)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (4)  Direct and control the mandatory evacuation of the civilian population; and

     (5)  Exercise additional emergency functions, to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and any other county law to the contrary notwithstanding, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto."

     SECTION 5.  Section 127A-14, Hawaii Revised Statutes, is amended to read as follows:

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

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

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

     (d)  A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, unless extended or terminated by a separate or supplementary proclamation of the governor or mayor.  The governor or mayor shall proclaim the termination of a state of emergency or local state of emergency, respectively, at the earliest possible date that conditions warrant.

     (e)  The legislature may, by an affirmative vote of two-thirds of the members to which each house is entitled, terminate a state of emergency, in part or in whole, declared by the governor pursuant to this section.

     (f)  A county council may, by an affirmative vote of two-thirds of the members to which the council is entitled, terminate a local state of emergency, in part or in whole, declared by a mayor pursuant to this section."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 3000.

Report Title:

Emergency Management; State of Emergency

Description:

Amends emergency management laws to clarify state and county authority.  Prohibits the Governor or Mayor from suspending requests for records or vital records and statistics during a state of emergency.  Adds definition of the term "severe weather warning".  Allows the Legislature and county councils to terminate a state of emergency, in whole or in part, issued by the Governor or Mayor, respectively.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO EMERGENCY MANAGEMENT.

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

     SECTION 1.  The legislature finds that the emergence of COVID-l9 and its variants created a great challenge to global health, the economy, and Hawaii's way of life.  The governor and county mayors had to exercise their emergency powers under chapter 127A, Hawaii Revised Statutes, to impose rules aimed to control the spread of COVID-l9.  The enforcement of those rules was critical to efforts to limit the spread of COVID—l9, protect the health and safety of the community, manage medical resources, and promote economic recovery.  The COVID-19 pandemic highlights the importance of clear legal frameworks for state and county emergency management to ensure that the State and counties are ready for any type of emergency.

     The legislature further finds that chapter 127A, Hawaii Revised Statutes, should clearly specify and articulate the bases for emergency actions.  To that end, this Act amends chapter 127A, Hawaii Revised Statutes, to require specificity when suspending provisions of law during an emergency; clarify when and how Hawaii's emergency management system involves coordination between state and county emergency management functions; and clarify the legal framework governing the extension and termination of states of emergency.

     The purpose of this Act is to clarify state and county emergency management authority, ensure effective and adaptable emergency responses, and further the goals of transparency and democratic accountability within the State's constitutional system.

     SECTION 2.  Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§127A-    Suspension of certain record requests; prohibited.  (a)  The governor or mayor shall not, through any proclamation or declaration of emergency or any rule or order adopted pursuant to this chapter, suspend agency response deadlines for requests for:

     (1)  Public records pursuant to part II of chapter 92F; or

     (2)  Vital records or statistics pursuant to section 338‑18.

     (b)  Due to extenuating circumstances, there may be a reasonable delay in an agency's response to a request; provided that an agency shall not reject a request at any time, regardless of whether an emergency has been declared."

     SECTION 3.  Section 127A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Severe warning" means the issuance by the National Weather Service, Pacific Tsunami Warning Center, United States Geological Survey, or other public authority of a public notification that a dangerous condition exists that could affect the State, or any portion of it, within a specified period of time.  "Severe warning" includes but is not limited to warnings of coastal inundation, high surf, flash flooding, volcanic activity, tsunami, or hurricane."

     SECTION 4.  Section 127A-13, Hawaii Revised Statutes, is amended to read as follows:

     "§127A-13  Additional powers in an emergency period.  (a)  In the event of a state of emergency declared by the governor pursuant to section 127A-14, the governor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Provide for and require the quarantine or segregation of persons who are affected with or believed to have been exposed to any infectious, communicable, or other disease that is, in the governor's opinion, dangerous to the public health and safety, or persons who are the source of other contamination, in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety; provide for the care and treatment of the persons; supplement the provisions of sections 325-32 to 325-38 concerning compulsory immunization programs; provide for the isolation or closing of property that is a source of contamination or is in a dangerous condition in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety, and designate as public nuisances acts, practices, conduct, or conditions that are dangerous to the public health or safety or to property; authorize that public nuisances be summarily abated and, if need be, that the property be destroyed by any police officer or authorized person, or provide for the cleansing or repair of property, and if the cleansing or repair is to be at the expense of the owner, the procedure therefor shall follow as nearly as may be the provisions of section 322-2, which shall be applicable; and further, authorize without the permission of the owners or occupants, entry on private premises for any of these purposes;

     (2)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the governor to exist in the laws and to result from the operation of federal programs or measures taken under this chapter, by suspending the laws, in whole or in part, or by alleviating [the provisions of laws on], subject to terms and conditions [as] that the governor may [impose,] specify, the provisions of laws, including licensing laws, quarantine laws, and laws relating to labels, grades, and standards;

     (3)  [Suspend] Except as provided in section 127A-  , suspend any law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the governor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (4)  Suspend the provisions of any regulatory law prescribing the procedures for out-of-state utilities to conduct business in the State including any licensing laws applicable to out-of-state utilities or their respective employees, as well as any order, rule, or regulation of any state agency, if strict compliance with the provisions of any law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action of a state utility in coping with the emergency or disaster with assistance that may be provided under a mutual assistance agreement;

     (5)  In the event of disaster or emergency beyond local control, [or] an event that in the opinion of the governor[, renders] makes state operational control or coordination necessary, or upon request of the [local entity,] county, and notwithstanding sections 127A-14 and 127A‑25, requires the county to obtain the governor's approval, or the approval of the director of the Hawaii emergency management agency, prior to issuing any emergency order, rule, or proclamation under this chapter, assume direct operational control over all or any part of the emergency management functions within the affected area;

     (6)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (7)  Direct and control the mandatory evacuation of the civilian population;

     (8)  Exercise additional emergency functions to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and notwithstanding any other law to the contrary, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto;

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

    (10)  Adjust the hours for voting to take into consideration the working hours of the voters during the emergency period, and suspend those provisions of section 11-131 that fix the hours for voting, and fix other hours by stating the same in the election proclamation or notice, as the case may be;

    (11)  Assure the continuity of service by critical infrastructure facilities, both publicly and privately owned, by regulating or, if necessary to the continuation of the service thereof, by taking over and operating the same; and

    (12)  Except as provided in section 134-7.2, whenever in the governor's opinion, the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any objects, implements, or substances unlawfully possessed, as provided in this chapter.

     (b)  In the event of a local state of emergency declared by the mayor pursuant to section 127A-14, the mayor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the mayor to exist in the laws of the county and to result from the operation of federal programs or measures taken under this chapter, by suspending the county laws, in whole or in part, or by alleviating [the provisions of county laws on], subject to terms and conditions [as] that the mayor may [impose,] specify, the provisions of county laws, including county licensing laws[,] and county laws relating to labels, grades, and standards;

     (2)  [Suspend] Except as provided in section 127A-  , suspend any county law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the mayor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (3)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (4)  Direct and control the mandatory evacuation of the civilian population; and

     (5)  Exercise additional emergency functions, to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and any other county law to the contrary notwithstanding, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto."

     SECTION 5.  Section 127A-14, Hawaii Revised Statutes, is amended to read as follows:

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

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

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

     (d)  A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, unless extended or terminated by a separate or supplementary proclamation of the governor or mayor.  The governor or mayor shall proclaim the termination of a state of emergency or local state of emergency, respectively, at the earliest possible date that conditions warrant.

     (e)  The legislature may, by an affirmative vote of two-thirds of the members to which each house is entitled, terminate a state of emergency, in part or in whole, declared by the governor pursuant to this section.

     (f)  A county council may, by an affirmative vote of two-thirds, terminate a state of emergency, in part or in whole, declared by a mayor pursuant to this section."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 3000.

Report Title:

Emergency Management; State of Emergency

Description:

Amends chapter 127A, HRS, to clarify state and county authority.  Prohibits the Governor or Mayor from suspending requests for public records or vital specifics during a state of emergency.  Adds definition of the term "severe warning".  Allows the Legislature and county councils to terminate a state of emergency, in whole or in part, issued by the Governor or Mayor, respectively.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO EMERGENCY MANAGEMENT.

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

     SECTION 1.  The legislature finds that the emergence of COVID-l9 and its variants created a great challenge to global health, the economy, and our way of life.  The governor and county mayors had to exercise their emergency powers under chapter 127A, Hawaii Revised Statutes, to impose rules aimed to control the spread of COVID-l9.  The enforcement of those rules was critical to efforts to limit the spread of COVID—l9, protect the health and safety of the community, manage medical resources, and promote economic recovery.  The COVID-19 pandemic highlights the importance of clear legal frameworks for state and county emergency management to ensure that the State and counties are ready for any type of emergency.

     The legislature finds that chapter 127A, Hawaii Revised Statutes, should clearly specify and articulate the bases for emergency actions.  To that end, this Act amends chapter 127A, Hawaii Revised Statutes, to require specificity when suspending provisions of law during an emergency; clarify when and how Hawaii's emergency management system involves coordination between state and county emergency management functions; and clarify the legal framework governing the extension and termination of states of emergency.

     The purpose of this Act is to clarify state and county emergency management authority, ensure effective and adaptable emergency responses, and further the goals of transparency and democratic accountability within the State's constitutional system.

     SECTION 2.  Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§127A-    Suspension of certain record requests; prohibited.  (a)  The governor or mayor shall not, through any proclamation or declaration of emergency or any rule or order adopted pursuant to this chapter, suspend agency response deadlines for requests for:

     (1)  Public records pursuant to part II of chapter 92F; or

     (2)  Vital records or statistics pursuant to sections 338‑18.

     (b)  Due to extenuating circumstances, there may be a reasonable delay in an agency's response to a request; provided that an agency shall not reject a request at any time, regardless of whether an emergency has been declared."

     SECTION 3.  Section 127A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Severe warning" means the issuance by the National Weather Service, Pacific Tsunami Warning Center, United States Geological Survey, or other public authority of a public notification that a dangerous condition exists that could impact the State, or any portion of it, within a specified period of time.  "Severe warning" includes but is not limited to warnings of coastal inundation, high surf, flash flooding, volcanic activity, tsunami, or hurricane."

     SECTION 4.  Section 127A-13, Hawaii Revised Statutes, is amended to read as follows:

     "§127A-13  Additional powers in an emergency period.  (a)  In the event of a state of emergency declared by the governor pursuant to section 127A-14, the governor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Provide for and require the quarantine or segregation of persons who are affected with or believed to have been exposed to any infectious, communicable, or other disease that is, in the governor's opinion, dangerous to the public health and safety, or persons who are the source of other contamination, in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety; provide for the care and treatment of the persons; supplement the provisions of sections 325-32 to 325-38 concerning compulsory immunization programs; provide for the isolation or closing of property that is a source of contamination or is in a dangerous condition in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety, and designate as public nuisances acts, practices, conduct, or conditions that are dangerous to the public health or safety or to property; authorize that public nuisances be summarily abated and, if need be, that the property be destroyed by any police officer or authorized person, or provide for the cleansing or repair of property, and if the cleansing or repair is to be at the expense of the owner, the procedure therefor shall follow as nearly as may be the provisions of section 322-2, which shall be applicable; and further, authorize without the permission of the owners or occupants, entry on private premises for any of these purposes;

     (2)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the governor to exist in the laws and to result from the operation of federal programs or measures taken under this chapter, by suspending the laws, in whole or in part, or by alleviating [the provisions of laws on], subject to terms and conditions [as] that the governor may [impose,] specify, the provisions of laws, including licensing laws, quarantine laws, and laws relating to labels, grades, and standards;

     (3)  [Suspend] Except as provided in section 127A-  , suspend any law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the governor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (4)  Suspend the provisions of any regulatory law prescribing the procedures for out-of-state utilities to conduct business in the State including any licensing laws applicable to out-of-state utilities or their respective employees, as well as any order, rule, or regulation of any state agency, if strict compliance with the provisions of any law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action of a state utility in coping with the emergency or disaster with assistance that may be provided under a mutual assistance agreement;

     (5)  In the event of disaster or emergency beyond local control, [or] an event that in the opinion of the governor[, renders] makes state operational control or coordination necessary, or upon request of the [local entity,] county, and notwithstanding sections 127A-14 and 127A‑25, requires the county to obtain the governor's approval, or the approval of the director of the Hawaii emergency management agency, before issuing any emergency order, rule, or proclamation under this chapter, assume direct operational control over all or any part of the emergency management functions within the affected area;

     (6)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (7)  Direct and control the mandatory evacuation of the civilian population;

     (8)  Exercise additional emergency functions to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and notwithstanding any other law to the contrary, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto;

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

    (10)  Adjust the hours for voting to take into consideration the working hours of the voters during the emergency period, and suspend those provisions of section 11-131 that fix the hours for voting, and fix other hours by stating the same in the election proclamation or notice, as the case may be;

    (11)  Assure the continuity of service by critical infrastructure facilities, both publicly and privately owned, by regulating or, if necessary to the continuation of the service thereof, by taking over and operating the same; and

    (12)  Except as provided in section 134-7.2, whenever in the governor's opinion, the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any objects, implements, or substances unlawfully possessed, as provided in this chapter.

     (b)  In the event of a local state of emergency declared by the mayor pursuant to section 127A-14, the mayor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the mayor to exist in the laws of the county and to result from the operation of federal programs or measures taken under this chapter, by suspending the county laws, in whole or in part, or by alleviating [the provisions of county laws on], subject to terms and conditions [as] that the mayor may [impose,] specify, the provisions of county laws, including county licensing laws[,] and county laws relating to labels, grades, and standards;

     (2)  [Suspend] Except as provided in section 127A-  , suspend any county law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the mayor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (3)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (4)  Direct and control the mandatory evacuation of the civilian population; and

     (5)  Exercise additional emergency functions, to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and any other county law to the contrary notwithstanding, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto."

     SECTION 5.  Section 127A-14, Hawaii Revised Statutes, is amended to read as follows:

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

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

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

     (d)  A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, unless extended or terminated by a separate or supplementary proclamation of the governor or mayor.  The governor or mayor shall proclaim the termination of a state of emergency or local state of emergency, respectively, at the earliest possible date that conditions warrant.

     (e)  The legislature may, by an affirmative vote of two-thirds of the members to which each house is entitled, terminate a state of emergency, in part or in whole, declared by the governor pursuant to this section.

     (f)  The county council may, by an affirmative vote of two-thirds, terminate a state of emergency, in part or in whole, declared by the mayor pursuant to this section."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2077.

Report Title:

Emergency Management; State of Emergency

Description:

Amends chapter 127A, HRS, to clarify State and local authority.  Prohibits the Governor or Mayor from suspending requests for public records or vital specifics during a state of emergency.  Adds definition of the term "severe warning".  Allows the Legislature and city councils to terminate a state of emergency, in whole or in part, issued by the Governor or Mayor, respectively.  Effective 7/1/2077.  (SD2)

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

A BILL FOR AN ACT

RELATING TO EMERGENCY MANAGEMENT.

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

     SECTION 1.  The legislature finds that the emergence of COVID-l9 and its variants created a great challenge to global health, the economy, and our way of life.  The governor and county mayors had to exercise their emergency powers under chapter 127A, Hawaii Revised Statutes, to impose rules aimed to control the spread of COVID-l9.  The enforcement of those rules was critical to efforts to limit the spread of COVID—l9, protect the health and safety of the community, manage medical resources, and promote economic recovery.  The COVID-19 pandemic highlights the importance of clear legal frameworks for state and county emergency management to ensure that the State and counties are ready for any type of emergency.

     The legislature finds that chapter 127A, Hawaii Revised Statutes, should clearly specify and articulate the bases for emergency actions.  To that end, this Act amends chapter 127A, Hawaii Revised Statutes, to require specificity when suspending provisions of law during an emergency; clarify when and how Hawaii's emergency management system involves coordination between state and county emergency management functions; and clarify the legal framework governing the extension and termination of states of emergency.

     The purpose of this Act is to clarify state and county emergency management authority, ensure effective and adaptable emergency responses, and further the goals of transparency and democratic accountability within the State's constitutional system.

     SECTION 2.  Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§127A-    Suspension of certain record requests; prohibited.  (a)  The governor or mayor shall not, through any proclamation or declaration of emergency or any rule or order adopted pursuant to this chapter, suspend agency response deadlines for requests for:

     (1)  Public records pursuant to part II of chapter 92F; or

     (2)  Vital records or statistics pursuant to sections 338‑18.

     (b)  Due to extenuating circumstances, there may be a reasonable delay in an agency's response to a request; provided that an agency shall not reject a request at any time, regardless of whether an emergency has been declared."

     SECTION 3.  Section 127A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Severe warning" means the issuance by the National Weather Service, Pacific Tsunami Warning Center, United States Geological Survey, or other public authority of a public notification that a dangerous condition exists that could impact the State, or any portion of it, within a specified period of time.  "Severe warning" includes but is not limited to warnings of coastal inundation, high surf, flash flooding, volcanic activity, tsunami, or hurricane."

     SECTION 4.  Section 127A-13, Hawaii Revised Statutes, is amended to read as follows:

     "§127A-13  Additional powers in an emergency period.  (a)  In the event of a state of emergency declared by the governor pursuant to section 127A-14, the governor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Provide for and require the quarantine or segregation of persons who are affected with or believed to have been exposed to any infectious, communicable, or other disease that is, in the governor's opinion, dangerous to the public health and safety, or persons who are the source of other contamination, in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety; provide for the care and treatment of the persons; supplement the provisions of sections 325-32 to 325-38 concerning compulsory immunization programs; provide for the isolation or closing of property that is a source of contamination or is in a dangerous condition in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety, and designate as public nuisances acts, practices, conduct, or conditions that are dangerous to the public health or safety or to property; authorize that public nuisances be summarily abated and, if need be, that the property be destroyed by any police officer or authorized person, or provide for the cleansing or repair of property, and if the cleansing or repair is to be at the expense of the owner, the procedure therefor shall follow as nearly as may be the provisions of section 322-2, which shall be applicable; and further, authorize without the permission of the owners or occupants, entry on private premises for any of these purposes;

     (2)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the governor to exist in the laws and to result from the operation of federal programs or measures taken under this chapter, by suspending the laws, in whole or in part, or by alleviating, [the provisions of laws on] subject to terms and conditions [as] that the governor may [impose,] specify, the provisions of laws, including licensing laws, quarantine laws, and laws relating to labels, grades, and standards;

     (3)  [Suspend] Except as provided in section 127A-  , suspend any law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the governor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (4)  Suspend the provisions of any regulatory law prescribing the procedures for out-of-state utilities to conduct business in the State including any licensing laws applicable to out-of-state utilities or their respective employees, as well as any order, rule, or regulation of any state agency, if strict compliance with the provisions of any law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action of a state utility in coping with the emergency or disaster with assistance that may be provided under a mutual assistance agreement;

     (5)  In the event of disaster or emergency beyond local control, [or] an event that in the opinion of the governor[, renders] makes state operational control or coordination necessary, or upon request of the [local entity,] county, and notwithstanding sections 127A-14 and 127A‑25, requires the county to obtain the governor's approval, or the approval of the director of the Hawaii emergency management agency, before issuing any emergency order, rule, or proclamation under this chapter, assume direct operational control over all or any part of the emergency management functions within the affected area;

     (6)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (7)  Direct and control the mandatory evacuation of the civilian population;

     (8)  Exercise additional emergency functions to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and notwithstanding any other law to the contrary, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto;

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

    (10)  Adjust the hours for voting to take into consideration the working hours of the voters during the emergency period, and suspend those provisions of section 11-131 that fix the hours for voting, and fix other hours by stating the same in the election proclamation or notice, as the case may be;

    (11)  Assure the continuity of service by critical infrastructure facilities, both publicly and privately owned, by regulating or, if necessary to the continuation of the service thereof, by taking over and operating the same; and

    (12)  Except as provided in section 134-7.2, whenever in the governor's opinion, the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any objects, implements, or substances unlawfully possessed, as provided in this chapter.

     (b)  In the event of a local state of emergency declared by the mayor pursuant to section 127A-14, the mayor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the mayor to exist in the laws of the county and to result from the operation of federal programs or measures taken under this chapter, by suspending the county laws, in whole or in part, or by alleviating [the provisions of county laws on], subject to terms and conditions [as] that the mayor may [impose,] specify, the provisions of county laws, including county licensing laws[,] and county laws relating to labels, grades, and standards;

     (2)  [Suspend] Except as provided in section 127A-  , suspend any county law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the mayor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (3)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (4)  Direct and control the mandatory evacuation of the civilian population; and

     (5)  Exercise additional emergency functions, to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and any other county law to the contrary notwithstanding, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto."

     SECTION 5.  Section 127A-14, Hawaii Revised Statutes, is amended to read as follows:

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

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

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

     (d)  A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, unless extended or terminated by a separate or supplementary proclamation of the governor or mayor.  The governor or mayor shall proclaim the termination of a state of emergency or local state of emergency, respectively, at the earliest possible date that conditions warrant.

     (e)  The legislature may, by an affirmative vote of two-thirds of the members to which each house is entitled, terminate a state of emergency, in part or in whole, declared by the governor pursuant to this section.

     (f)  The county council may, by an affirmative vote of two-thirds, terminate a state of emergency, in part or in whole, declared by the mayor pursuant to this section."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2077.

Report Title:

Emergency Management; State of Emergency

Description:

Amends chapter 127A, HRS, to clarify State and local authority.  Prohibits the Governor or Mayor from suspending requests for public records or vital specifics during a state of emergency.  Adds definition of the term "severe warning".  Allows the Legislature and city councils to terminate a state of emergency, in whole or in part, issued by the Governor or Mayor, respectively.  Effective 7/1/2077.  (SD1)

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

A BILL FOR AN ACT

Relating to emergency management.

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

     SECTION 1.  The legislature finds that the emergence of coronavirus disease 2019 (COVID—l9) and its variants created a great challenge to global health, the economy, and our way of life.  The governor and county mayors had to exercise their emergency powers under chapter 127A, Hawaii Revised Statutes, to impose rules aimed to control the spread of COVID—l9.  The enforcement of those rules was critical to efforts to limit the spread of COVID—l9, protect the health and safety of the community, manage medical resources, and promote economic recovery.  The COVID—19 pandemic highlights the importance of clear legal frameworks for state and county emergency management to ensure that the State and counties are ready for any type of emergency.

     The legislature finds that chapter 127A, Hawaii Revised Statutes, should clearly specify and articulate the bases for emergency actions.  To that end, this Act amends chapter 127A, Hawaii Revised Statutes, to require specificity when suspending provisions of law during an emergency; clarify when and how Hawaiʻi's emergency management system involves coordination between state and county emergency management functions; and clarify the legal framework governing the extension and termination of states of emergency.

     The purpose of this Act is to clarify state and county emergency management authority, ensure effective and adaptable emergency responses, and further the goals of transparency and democratic accountability within our constitutional system.

     SECTION 2.  Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§127A-    Suspension of certain record requests; prohibited.  (a)  The governor or mayor shall not, through any proclamation or declaration of emergency or any rule or order adopted pursuant to this chapter, suspend agency response deadlines for requests to:

     (1)  Public records pursuant to part II of chapter 92F; or

     (2)  Vital records or statistics pursuant to sections 338‑18 or 338-18.5.

     (b)  Due to extenuating circumstances, there may be a reasonable delay in an agency's response to a request; provided that an agency shall not reject a request at any time, regardless of whether an emergency has been declared."

     SECTION 3.  Section 127A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Severe warning" means the issuance by the National Weather Service, Pacific Tsunami Warning Center, United States Geological Survey, or other public authority of a public notification that a dangerous condition exists that could impact the State, or any portion of it, within a specified period of time.  "Severe warning" includes but is not limited to warnings of coastal inundation, high surf, flash flooding, volcano, tsunami, or hurricane."

     SECTION 4.  Section 127A-13, Hawaii Revised Statutes, is amended to read as follows:

     "§127A-13  Additional powers in an emergency period.  (a)  In the event of a state of emergency declared by the governor pursuant to section 127A-14, the governor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Provide for and require the quarantine or segregation of persons who are affected with or believed to have been exposed to any infectious, communicable, or other disease that is, in the governor's opinion, dangerous to the public health and safety, or persons who are the source of other contamination, in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety; provide for the care and treatment of the persons; supplement the provisions of sections 325-32 to 325-38 concerning compulsory immunization programs; provide for the isolation or closing of property that is a source of contamination or is in a dangerous condition in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety, and designate as public nuisances acts, practices, conduct, or conditions that are dangerous to the public health or safety or to property; authorize that public nuisances be summarily abated and, if need be, that the property be destroyed by any police officer or authorized person, or provide for the cleansing or repair of property, and if the cleansing or repair is to be at the expense of the owner, the procedure therefor shall follow as nearly as may be the provisions of section 322-2, which shall be applicable; and further, authorize without the permission of the owners or occupants, entry on private premises for any of these purposes;

     (2)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the governor to exist in the laws and to result from the operation of federal programs or measures taken under this chapter, by suspending the laws, in whole or in part, or by alleviating, [the provisions of laws on] subject to terms and conditions [as] that the governor may [impose,] specify, the provisions of laws, including licensing laws, quarantine laws, and laws relating to labels, grades, and standards;

     (3)  [Suspend] Except as provided in section 127A-  , suspend any law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the governor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any permit, authorization, or approval;

     (4)  Suspend the provisions of any regulatory law prescribing the procedures for out-of-state utilities to conduct business in the State including any licensing laws applicable to out-of-state utilities or their respective employees, as well as any order, rule, or regulation of any state agency, if strict compliance with the provisions of any law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action of a state utility in coping with the emergency or disaster with assistance that may be provided under a mutual assistance agreement;

     (5)  In the event of disaster or emergency beyond local control, [or] an event that in the opinion of the governor[, renders] makes state operational control or coordination necessary, or upon request of the [local entity,] county, and notwithstanding sections 127A-14 and 127A‑25, requires the county to obtain the governor's approval, or the approval of the director of the Hawaii emergency management agency, prior to issuing any emergency order, rule, or proclamation under this chapter, assume direct operational control over all or any part of the emergency management functions within the affected area;

     (6)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (7)  Direct and control the mandatory evacuation of the civilian population;

     (8)  Exercise additional emergency functions to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and notwithstanding any other law to the contrary, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto;

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

    (10)  Adjust the hours for voting to take into consideration the working hours of the voters during the emergency period, and suspend those provisions of section 11-131 that fix the hours for voting, and fix other hours by stating the same in the election proclamation or notice, as the case may be;

    (11)  Assure the continuity of service by critical infrastructure facilities, both publicly and privately owned, by regulating or, if necessary to the continuation of the service thereof, by taking over and operating the same; and

    (12)  Except as provided in section 134-7.2, whenever in the governor's opinion, the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any objects, implements, or substances unlawfully possessed, as provided in this chapter.

     (b)  In the event of a local state of emergency declared by the mayor pursuant to section 127A-14, the mayor may exercise the following additional powers pertaining to emergency management during the emergency period:

     (1)  Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the mayor to exist in the laws of the county and to result from the operation of federal programs or measures taken under this chapter, by suspending the county laws, in whole or in part, or by alleviating [the provisions of county laws on], subject to terms and conditions [as] that the mayor may [impose,] specify, the provisions of county laws, including county licensing laws[,] and county laws relating to labels, grades, and standards;

     (2)  [Suspend] Except as provided in section 127A-  , suspend any county law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws that by this chapter specifically are made applicable to emergency personnel; provided that any suspension of law shall be no broader and last no longer than the mayor deems necessary for the execution of emergency management functions, and any suspension of law shall identify the section of law suspended and, for each section, shall both specify the emergency management functions facilitated and justify the suspension based on protecting the public health, safety, and welfare; provided further that any suspension of any law that requires permits, authorizations, or approvals from any state or county agency may continue beyond the emergency period to allow for the completion of any repairs, reconstruction, rebuilding, or construction of any state or county infrastructure, facilities, or properties that would otherwise be delayed by any such permit, authorization, or approval;

     (3)  Shut off water mains, gas mains, or electric power connections, or suspend other services;

     (4)  Direct and control the mandatory evacuation of the civilian population; and

     (5)  Exercise additional emergency functions, to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and any other county law to the contrary notwithstanding, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto."

     SECTION 5.  Section 127A-14, Hawaii Revised Statutes, is amended to read as follows:

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

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

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

     (d)  A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, unless extended or terminated by a separate or supplementary proclamation of the governor or mayor.  The governor or mayor shall proclaim the termination of a state of emergency or local state of emergency, respectively, at the earliest possible date that conditions warrant.

     (e)  The legislature may, by an affirmative vote of two— thirds of the members to which each house is entitled, terminate a state of emergency, in part or in whole, declared by the governor pursuant to this section.

     (f)  The county council may, by an affirmative vote of two— thirds, terminate a state of emergency, in part or in whole, declared by the mayor pursuant to this section."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Emergency Management; State of Emergency

Description:

Amends chapter 127A, HRS, to clarify State and local authority.  Prohibits the Governor or Mayor from suspending requests for public records or vital specifics during a state of emergency.  Adds definition of the term "severe warning".  Allows the Legislature and city councils to terminate a state of emergency, in whole or in part, issued by the Governor or Mayor, respectively.

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

STAND. COM. REP. NO.  1984

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 353

      S.D. 2

      H.D. 3

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred S.B. No. 353, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Prohibit the Governor or a mayor from suspending requests for records or vital records and statistics during a state of emergency;

     (2)  Add a definition for "severe weather warning";

     (3)  Clarify the authority of the Governor and mayors during a state of emergency or a local state of emergency; and

     (4)  Allow the Legislature and county councils to terminate, by an affirmative two-thirds vote, a state of emergency or local state of emergency, in whole or in part, issued by the Governor or a mayor, respectively.

     Your Committee received testimony in support of this measure from the League of Women Voters of Hawaii; Grassroot Institute of Hawaii; Public First Law Center; and one individual.  Your Committee received testimony in opposition to this measure from the Department of Human Services and Hawaiʻi Emergency Management Agency.  Your Committee received comments on this measure from the Office of Information Practices.

     Your Committee has amended this measure by specifying that the Legislature or county councils may terminate an applicable state of emergency after thirty days, in whole or in part, issued by the Governor or Mayor, respectively.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 353, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 353, S.D. 2, H.D. 3.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  1458

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 353

      S.D. 2

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 353, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Prohibit the Governor or a mayor from suspending agency response deadlines for certain public records or vital records or statistics during a state of emergency;

     (2)  Add a definition of the term "severe warning";

     (3)  Limit the authority of the Governor or a mayor to suspend laws during states of emergency; and

     (4)  Allow the Legislature and county councils to terminate, by an affirmative two-thirds vote, a state of emergency, in whole or in part, issued by the Governor or a mayor, respectively.

     Your Committee received testimony in support of this measure from the League of Women Voters of Hawaii; Society of Professional Journalists Hawaii Chapter; Grassroot Institute of Hawaii; Public First Law Center; Libertarian Party of Hawaii; and three individuals.  Your Committee received testimony in opposition to this measure from the Department of Human Services and Department of Defense.  Your Committee received comments on this measure from the Office of Information Practices and one individual.

     Your Committee finds that prohibiting the suspension of requests for certain public records and vital statistics by the Governor or county mayors during a state of emergency will ensure transparency in government related activities during a period when the publication of information is critical.

     Your Committee has amended this measure by:

     (1)  Clarifying that the Governor or a mayor is prohibited from suspending agency response deadlines for all public records during a state of emergency;

     (2)  Changing the defined term "severe warning" to "severe weather warning", as used in chapter 127A, Hawaii Revised Statutes, relating to emergency management;

     (3)  Deleting language that would have amended when the governor assumes direct operational control over all or any part of the emergency management functions within an affected area;

     (4)  Clarifying that a county council may terminate a state of emergency declared by a mayor by an affirmative vote of two-thirds of the members to which the council is entitled; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 353, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 353, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1243

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 353

      S.D. 2

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Public Safety, to which was referred S.B. No. 353, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

The purpose of this measure is to:

     (1)  Prohibit the Governor or a mayor from suspending agency response deadlines for certain public records or vital records or statistics during a state of emergency;

     (2)  Add a definition of the term "severe warning";

     (3)  Limit the authority of the Governor or a mayor to suspend laws during states of emergency; and

     (4)  Allow the Legislature and county councils to terminate, by an affirmative two-thirds vote, a state of emergency, in whole or in part, issued by the Governor or a mayor, respectively.

     Your Committee received testimony in support of this measure from the League of Women Voters of Hawaii; Public First Law Center; Society of Professional Journalists - Hawaii Chapter; Grassroot Institute of Hawaii; Libertarian Party of Hawaii; and two individuals.  Your Committee received testimony in opposition to this measure from the Hawaiʻi Emergency Management Agency and Department of Human Services.  Your Committee received comments on this measure from the Office of Information Practices.

     Your Committee finds that this measure clarifies state and county emergency management authority, supports effective and adaptable emergency responses, and maintains accountability and checks and balances within the framework of the Hawaii State Constitution.

Your Committee has amended this measure by:

     (1)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 353, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 353, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Public Safety,

STAND. COM. REP. NO. 734

Honolulu, Hawaii

RE:    S.B. No. 353

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 353, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify state and county emergency management authority, ensure effective and adaptable emergency responses, and further the goals of transparency and democratic accountability within the State's constitutional system.

     Your Committee received testimony in support of this measure from the League of Women Voters of Hawaii, Hawaii Chapter of the Society of Professional Journalists, Public First Law Center, Grassroot Institute of Hawaii, Libertarian Party of Hawaii, and four individuals.

     Your Committee received testimony in opposition to this measure from the Hawaiʻi Emergency Management Agency.

     Your Committee received comments on this measure from the Office of Information Practices.

     Your Committee finds that public records laws are a critical mechanism to ensure government transparency.  Your Committee believes that the suspension of these laws during a state of emergency undermines public trust in the workings of government at a time when trust is needed most.  This measure will seek to safeguard the promise of openness for the public during government-declared emergencies, when transparency is especially crucial.

     Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 353, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 353, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 37

Honolulu, Hawaii

RE:    S.B. No. 353

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 353 entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Amend chapter 127A, HRS, relating to executive emergency powers, to clarify State and local authority;

     (2)  Prohibit the Governor or Mayor from suspending requests for public records or vital specifics during a state of emergency;

     (3)  Add a definition of the term "severe warning"; and

     (4)  Allow the Legislature and city councils to terminate a state of emergency, in whole or in part, issued by the Governor or Mayor, respectively.

     Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii, League of Women Voters of Hawaii, Public First Law Center, and three individuals.

     Your Committee received testimony in opposition to this measure from the Hawaiʻi Emergency Management Agency.

     Your Committee received comments on this measure from the Department of Human Services, Office of Information Practices, and one individual.

     Your Committee finds that at the outset of the COVID-19 pandemic, the Governor suspended the State's open-records and sunshine laws, raising questions from the public regarding the health rationale for the suspension and undermining public trust in the workings of government at a time when trust was needed most.  Government actions during a state of emergency should be narrowly tailored and must demonstrate a clear connection between the actions taken and the protection of public health and safety.  This measure will ensure that government transparency is maintained even during a state of emergency.

     Your Committee finds that there is limited reason for concern that open records requests could hinder government operations during a state of emergency, as the State's open-records laws already provide flexibility to agencies that require additional time to respond.  This measure would reinforce that provision by expressly giving agencies permission to delay a response under extenuating circumstances.  Your Committee further finds that reasonable limitations on the ability to suspend laws also helps protect the constitutional balance of powers.

     Your Committee notes the concerns raised by the Department of Human Services regarding the ability of Department staff to respond to the high volume of priority requests for assistance by individuals during states of emergency while also replying to requests for government records as the Department lacks dedicated staff to respond to information requests.  According to the Department of Human Services, the Department continues to experience an increase in Uniform Information Practices Act ("UIPA") requests since the COVID-19 pandemic and Maui wildfires as follows:

     (1)  There was an eighty-nine percent increase in UIPA requests between 2019 and 2020;

     (2)  There was a seventy-seven percent increase in UIPA requests between 2020 and 2021;

     (3)  There was a forty-three percent increase in UIPA requests between 2021 and 2022; and

     (4)  There was a thirty percent increase in UIPA requests between 2022 and 2023.

     Your Committee also notes that opposition was raised by the Hawaii Emergency Management Agency regarding the provisions that would authorize the Legislature and county councils to terminate a state of emergency by a two-thirds vote.

     Your Committee, though noting the comments and opposition from stakeholders, ultimately determined that the benefits of governmental transparency and the public's right to access information are significant factors that presently outweigh the potential risks to government functionality raised, and therefore believes this measure should move forward in the legislative process.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2077, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 353, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 353, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,