SB 846: RELATING TO EMERGENCY POWERS.

A BILL FOR AN ACT

relating to emergency powers.

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

     SECTION 1.  The legislature finds that transparency and accountability are foundational principles of good governance.  Access to public records and vital statistics ensures that the public remains informed about government actions, promotes trust, and facilitates community involvement in decision-making processes.

     The legislature further finds that during the COVID-19 pandemic, there were instances where access to public records and vital statistics was suspended, limiting the public's ability to monitor government decision-making and obtain essential documents.  Vital records, such as birth certificates, death certificates, and marriage licenses are crucial for individuals to access health care services, enroll in schools, obtain government benefits, and conduct personal or business-related legal transactions.  The suspension of access to these records during the COVID-19 pandemic created unnecessary hardships for Hawaii residents already grappling with the challenges of the emergency, undermined public confidence, and greatly exacerbated misinformation.

     The legislature acknowledges that emergencies can create operational challenges for state agencies in responding to public records and vital statistics requests.  Nevertheless, the legislature believes that a complete suspension of these services is neither necessary nor justified.  Allowing for reasonable delays due to extenuating circumstances strikes an appropriate balance between ensuring transparency and addressing the practical constraints state agencies face during emergencies.

     Accordingly, the purpose of this Act is to prohibit the governor or a mayor from suspending requests for public records or vital statistics during a declared state of emergency, while allowing for a reasonable delay in an agency's response to a request as a result of extenuating circumstances.

     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 a 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.

     (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-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 terms and conditions as the governor may impose, 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;

     (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 state operational control 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] a 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 terms and conditions as the mayor may impose, 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;

     (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 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Emergency Management; State of Emergency; Public Records; Vital Statistics

Description:

Prohibits the Governor or a Mayor from suspending requests for public records or vital statistics during a declared state of emergency.  Allows for a reasonable delay in an agency's response to a request as a result of extenuating circumstances.

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