Bill Text: HI HB1857 | 2024 | Regular Session | Amended
Bill Title: Relating To Emergency Management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-15 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC/JHA with none voting aye with reservations; none voting no (0) and Representative(s) Garrett, Matayoshi, Perruso, Sayama, Takayama excused (5). [HB1857 Detail]
Download: Hawaii-2024-HB1857-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1857 |
|
THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO EMERGENCY MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 127A-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) [In the
event of] If a state of emergency is declared by the governor
pursuant to section 127A-14, the governor may exercise the following additional
powers pertaining to emergency management during the emergency period:
(1) Provide for and require the quarantine or segregation of
persons who are affected with or believed to have been exposed to any
infectious, communicable, or other disease that is, in the governor's opinion,
dangerous to the public health and safety, or persons who are the source of
other contamination, in any case where, in the governor's opinion, the existing
laws are not adequate to assure the public health and safety; provide for the
care and treatment of the persons; supplement the provisions of sections 325-32
to 325-38 concerning compulsory immunization programs; provide for the
isolation or closing of property [which] that is a source of
contamination or is in a dangerous condition in any case where, in the
governor's opinion, the existing laws are not adequate to assure the public
health and safety, and designate as public nuisances acts, practices, conduct,
or conditions that are dangerous to the public health or safety or to property;
authorize that public nuisances be summarily abated and, if [need be,] necessary,
that the property be destroyed, by any police officer or authorized person, or
provide for the cleansing or repair of property, and if the cleansing or repair
is to be at the expense of the owner, the procedure therefor shall follow as
nearly as may be the provisions of section 322-2, which shall be
applicable; and further, authorize without the permission of the owners or
occupants, entry on private premises for any [such purposes;] purpose
described herein;
(2) Relieve hardships and inequities, or obstructions to the
public health, safety, or welfare, found by the governor to exist in the laws
and to result from the operation of federal programs or measures taken under
this chapter, by suspending the laws, in whole or in part, or by alleviating
the provisions of laws on [such] any terms and conditions as the
governor may impose, including licensing laws, quarantine laws, and laws
relating to labels, grades, and standards;
(3) Suspend [any]:
(A) Any law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws which by this chapter specifically are made applicable to emergency personnel;
[(4) Suspend the] (B) The
provisions of any regulatory law prescribing the procedures for out-of-state
utilities to conduct business in the State including any licensing laws
applicable to out‑of-state utilities or their respective employees, as
well as any order, rule, or regulation of any state agency, if strict
compliance with the provisions of any [such] the law, order,
rule, or regulation would in any way prevent, hinder, or delay necessary action
of a state utility in coping with the emergency or disaster with assistance
that may be provided under a mutual assistance agreement; and
(C) For a period of up to thirty-six months, the mortgage
foreclosure provisions of chapter 667 for any property having substantial
damage resulting from a disaster under a state of emergency proclaimed by the
governor pursuant to section 127A-14;
[(5)] (4) [In the event of] If a disaster or emergency beyond local
control, or an event [which,] occurs that, in the opinion of the
governor, [is such as to] shall make 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)] (5) Shut off water mains, gas mains, electric power connections,
or suspend other services, and, to the extent permitted by or under federal
law, suspend electronic media transmission;
[(7)] (6) Direct and control the mandatory evacuation of the civilian
population;
[(8)] (7) 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)] (8) 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] if the suspension[,]
occurs, the governor may establish state holidays by proclamation;
[(10)] (9) 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)] (10) 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)] (11)
Except as provided in section 134-7.2, whenever in the governor's
opinion, the laws of the State do not adequately provide for the common
defense, public health, safety, and welfare, investigate, regulate, or prohibit
the storage, transportation, use, possession, maintenance, furnishing, sale, or
distribution of, as well as any transaction related to, explosives, firearms,
and ammunition, inflammable materials and other objects, implements,
substances, businesses, or services of a hazardous or dangerous character, or
particularly capable of misuse, or obstructive of or tending to obstruct law
enforcement, emergency management, or military operations, including
intoxicating liquor and the liquor business; and authorize the seizure and
forfeiture of [any such] the objects, implements, or substances
unlawfully possessed, as provided in this chapter."
SECTION 2. Section 127A-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The governor or mayor shall be the sole judge
of the existence of the danger, threat, or circumstances giving rise to a
declaration of a state of emergency 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).]
127A-13(a)(4)."
SECTION 3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Hawaii Association of Counties Package; Governor; Emergency Powers; Mortgage Foreclosures; Suspension
Description:
Authorizes the Governor to suspend the mortgage foreclosure provisions of chapter 667, HRS, for properties having substantial damage resulting from a disaster under a Governor‑declared state of emergency. 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.
