| 47 | | - | SECTION 1. Section 127A-13, Hawaii Revised Statutes, is amended to read as follows: "§127A-13 Additional powers in an emergency period[.]; limitation. (a) In the event of a state of emergency declared by the governor pursuant to section 127A-14, the governor may exercise the following additional powers pertaining to emergency management during the emergency period: (1) Provide for and require the quarantine or segregation of persons who are affected with or believed to have been exposed to any infectious, communicable, or other disease that is, in the governor's opinion, dangerous to the public health and safety, or persons who are the source of other contamination, in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety; provide for the care and treatment of the persons; supplement the provisions of sections 325-32 to 325-38 concerning compulsory immunization programs; provide for the isolation or closing of property [which] that is a source of contamination or is in a dangerous condition in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety, and designate as public nuisances acts, practices, conduct, or conditions that are dangerous to the public health or safety or to property; authorize that public nuisances be summarily abated and, if need be, that the property be destroyed, by any police officer or authorized person, or provide for the cleansing or repair of property, and if the cleansing or repair is to be at the expense of the owner, the procedure therefor shall follow as nearly as may be the provisions of section 322-2, which shall be applicable; and further, authorize without the permission of the owners or occupants, entry on private premises for any such purposes; (2) Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the governor to exist in the laws and to result from the operation of federal programs or measures taken under this chapter, by suspending the laws, in whole or in part, or by alleviating the provisions of laws on [such] terms and conditions as the governor may impose, including licensing laws, quarantine laws, and laws relating to labels, grades, and standards; (3) Suspend any law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws which 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 [such] 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 which, in the opinion of the governor, is such as to 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) Shut off water mains, gas mains, electric power connections, or suspend other services, and, to the extent permitted by or under federal law, suspend electronic media transmission; (7) Direct and control the mandatory evacuation of the civilian population; (8) Exercise additional emergency functions to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and notwithstanding any other law to the contrary, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto; (9) Suspend section 8-1, relating to state holidays, except the last paragraph relating to holidays declared by the president, which shall remain unaffected, and in the event of the suspension, the governor may establish state holidays by proclamation; (10) Adjust the hours for voting to take into consideration the working hours of the voters during the emergency period, and suspend those provisions of section 11-131 that fix the hours for voting, and fix other hours by stating the same in the election proclamation or notice, as the case may be; (11) Assure the continuity of service by critical infrastructure facilities, both publicly and privately owned, by regulating or, if necessary to the continuation of the service thereof, by taking over and operating the same; and (12) Except as provided in section 134-7.2, whenever in the governor's opinion, the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any such objects, implements, or substances unlawfully possessed, as provided in this chapter. (b) In the event of a local state of emergency declared by the mayor pursuant to [[]section[]] 127A-14, the mayor may exercise the following additional powers pertaining to emergency management during the emergency period: (1) Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the mayor to exist in the laws of the county and to result from the operation of federal programs or measures taken under this chapter, by suspending the county laws, in whole or in part, or by alleviating the provisions of county laws on [such] terms and conditions as the mayor may impose, including county licensing laws, and county laws relating to labels, grades, and standards; (2) Suspend any county law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws which by this chapter specifically are made applicable to emergency personnel; (3) Shut off water mains, gas mains, electric power connections, or suspend other services; and, to the extent permitted by or under federal law, suspend electronic media transmission; (4) Direct and control the mandatory evacuation of the civilian population; and (5) Exercise additional emergency functions, to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and 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. (c) Notwithstanding any law to the contrary, travel restrictions implemented during a state of emergency or local state of emergency pursuant to section 127A-14 shall not apply to essential workers unless the application of those travel restrictions to essential workers has first been approved by the governor. For purposes of this subsection: "Essential workers" means: (1) Workers to ensure continuity of building functions, including but not limited to security and environmental controls, including heating, ventilation, and air conditioning systems, building transportation equipment, the manufacturing and distribution of the products required for these functions, and the permits and inspections for construction supporting essential infrastructure; (2) Elections personnel to include both public and private sector elections support; (3) Workers supporting the operations of the judicial system, including judges, lawyers, and others providing legal assistance; (4) Workers who support administration and delivery of unemployment insurance programs, income maintenance, employment services, vocational rehabilitation programs and services, disaster assistance, workers' compensation insurance and benefits programs, and pandemic assistance; (5) Federal, state, local, tribal, and territorial government workers who support mission essential functions and communications networks; (6) Trade officials, including Federal Transit Administration negotiators and international data flow administrators; (7) Workers who support radio, print, internet, and television news and media services, including front line news reporters, studio, and technicians for newsgathering, reporting, and publishing news; (8) Workers supporting the United States Census Bureau; (9) Weather forecasters; (10) Clergy and other essential support for houses of worship; (11) Workers who maintain digital systems infrastructure supporting other critical government operations; (12) Workers who support necessary permitting, credentialing, vetting, certifying, and licensing for essential critical infrastructure workers and their operations; (13) Customs and immigration workers who are critical to facilitating trade in support of the national emergency response supply chain; (14) Workers at testing and education centers for emergency medical services and all health care workers, including those who work in public health; (15) Staff at government offices who perform title search, notary, and recording services in support of mortgage and real estate services and transactions; (16) Residential and commercial real estate services, including settlement services; (17) Workers supporting essential maintenance, manufacturing, design, operation, inspection, security, and construction for essential products, services, supply chain, and pandemic relief efforts; (18) Workers performing services to animals in human care, including zoos and aquariums; (19) Engineers performing or supporting safety inspections; (20) Veterinary nurses, technicians, veterinarians, and other services supporting individuals and organizations with service animals, search and rescue dogs, and support animals; (21) Workers providing dependent care services, including childcare, eldercare, and other service providers necessary to maintain a comprehensive, supportive environment for individuals and caregivers needing these services; (22) Elected state and county officials and state and county executive branch cabinet members; (23) Workers performing or supporting the services and operations of the energy, wi-fi, and television network connection and programming sectors; (24) Workers in the agricultural or food production sectors; and (25) Commercial maritime workers, including stevedores, longshoremen, crew members of intrastate tugs and barges, and harbor pilots. "Mission essential functions" means the limited set of department- and agency-level government functions that must be continued throughout, or resumed rapidly after, a disruption of normal operations." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. Section 127A-13, Hawaii Revised Statutes, is amended to read as follows: "§127A-13 Additional powers in an emergency period[.]; limitation. (a) In the event of a state of emergency declared by the governor pursuant to section 127A-14, the governor may exercise the following additional powers pertaining to emergency management during the emergency period: (1) Provide for and require the quarantine or segregation of persons who are affected with or believed to have been exposed to any infectious, communicable, or other disease that is, in the governor's opinion, dangerous to the public health and safety, or persons who are the source of other contamination, in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety; provide for the care and treatment of the persons; supplement the provisions of sections 325-32 to 325-38 concerning compulsory immunization programs; provide for the isolation or closing of property which is a source of contamination or is in a dangerous condition in any case where, in the governor's opinion, the existing laws are not adequate to assure the public health and safety, and designate as public nuisances acts, practices, conduct, or conditions that are dangerous to the public health or safety or to property; authorize that public nuisances be summarily abated and, if need be, that the property be destroyed, by any police officer or authorized person, or provide for the cleansing or repair of property, and if the cleansing or repair is to be at the expense of the owner, the procedure therefor shall follow as nearly as may be the provisions of section 322-2, which shall be applicable; and further, authorize without the permission of the owners or occupants, entry on private premises for any such purposes; (2) Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the governor to exist in the laws and to result from the operation of federal programs or measures taken under this chapter, by suspending the laws, in whole or in part, or by alleviating the provisions of laws on [such] terms and conditions as the governor may impose, including licensing laws, quarantine laws, and laws relating to labels, grades, and standards; (3) Suspend any law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws which 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 [such] 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 which, in the opinion of the governor, is such as to 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) Shut off water mains, gas mains, electric power connections, or suspend other services, and, to the extent permitted by or under federal law, suspend electronic media transmission; (7) Direct and control the mandatory evacuation of the civilian population; (8) Exercise additional emergency functions to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and notwithstanding any other law to the contrary, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto; (9) Suspend section 8-1, relating to state holidays, except the last paragraph relating to holidays declared by the president, which shall remain unaffected, and in the event of the suspension, the governor may establish state holidays by proclamation; (10) Adjust the hours for voting to take into consideration the working hours of the voters during the emergency period, and suspend those provisions of section 11-131 that fix the hours for voting, and fix other hours by stating the same in the election proclamation or notice, as the case may be; (11) Assure the continuity of service by critical infrastructure facilities, both publicly and privately owned, by regulating or, if necessary to the continuation of the service thereof, by taking over and operating the same; and (12) Except as provided in section 134-7.2, whenever in the governor's opinion, the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any such objects, implements, or substances unlawfully possessed, as provided in this chapter. (b) In the event of a local state of emergency declared by the mayor pursuant to section 127A-14, the mayor may exercise the following additional powers pertaining to emergency management during the emergency period: (1) Relieve hardships and inequities, or obstructions to the public health, safety, or welfare, found by the mayor to exist in the laws of the county and to result from the operation of federal programs or measures taken under this chapter, by suspending the county laws, in whole or in part, or by alleviating the provisions of county laws on [such] terms and conditions as the mayor may impose, including county licensing laws, and county laws relating to labels, grades, and standards; (2) Suspend any county law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of, or to conflict with, emergency functions, including laws which by this chapter specifically are made applicable to emergency personnel; (3) Shut off water mains, gas mains, electric power connections, or suspend other services; and, to the extent permitted by or under federal law, suspend electronic media transmission; (4) Direct and control the mandatory evacuation of the civilian population; and (5) Exercise additional emergency functions, to the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and 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. (c) Notwithstanding any law to the contrary, travel restrictions implemented during a state of emergency or local state of emergency pursuant to section 127A-14 shall not apply to essential workers unless the application of those travel restrictions to essential workers has first been approved by the governor. For purposes of this subsection: "Essential workers" means: (1) Workers to ensure continuity of building functions, including but not limited to security and environmental controls, including heating, ventilation, and air conditioning systems, building transportation equipment, the manufacturing and distribution of the products required for these functions, and the permits and inspections for construction supporting essential infrastructure; (2) Elections personnel to include both public and private sector elections support; (3) Workers supporting the operations of the judicial system, including judges, lawyers, and others providing legal assistance; (4) Workers who support administration and delivery of unemployment insurance programs, income maintenance, employment services, vocational rehabilitation programs and services, disaster assistance, workers' compensation insurance and benefits programs, and pandemic assistance; (5) Federal, state, local, tribal, and territorial government workers who support mission essential functions and communications networks; (6) Trade officials, including Federal Transit Administration negotiators and international data flow administrators; (7) Workers who support radio, print, internet, and television news and media services, including front line news reporters, studio, and technicians for newsgathering, reporting, and publishing news; (8) Workers supporting the United States Census Bureau; (9) Weather forecasters; (10) Clergy and other essential support for houses of worship; (11) Workers who maintain digital systems infrastructure supporting other critical government operations; (12) Workers who support necessary permitting, credentialing, vetting, certifying, and licensing for essential critical infrastructure workers and their operations; (13) Customs and immigration workers who are critical to facilitating trade in support of the national emergency response supply chain; (14) Workers at testing and education centers for emergency medical services and all health care workers, including those who work in public health; (15) Staff at government offices who perform title search, notary, and recording services in support of mortgage and real estate services and transactions; (16) Residential and commercial real estate services, including settlement services; (17) Workers supporting essential maintenance, manufacturing, design, operation, inspection, security, and construction for essential products, services, supply chain, and pandemic relief efforts; (18) Workers performing services to animals in human care, including zoos and aquariums; (19) Engineers performing or supporting safety inspections; (20) Veterinary nurses, technicians, veterinarians, and other services supporting individuals and organizations with service animals, search and rescue dogs, and support animals; (21) Workers providing dependent care services, including childcare, eldercare, and other service providers necessary to maintain a comprehensive, supportive environment for individuals and caregivers needing these services; (22) Elected state and county officials and state and county executive branch cabinet members; (23) Workers performing or supporting the services and operations of the energy sector; (24) Workers in the agricultural or food production sectors; and (25) Commercial maritime workers, including stevedores, longshoremen, crew members of intrastate tugs and barges, and harbor pilots. "Mission essential functions" means the limited set of department and agency-level government functions that must be continued throughout, or resumed rapidly after, a disruption of normal operations." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 2050. |
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