Hawaii House Bill HB851

Hawaii 2022 Regular Session

• Introduced: 1/27/21
• Refer: 1/29/21

Caption

Relating To State Of Emergency.

Impact

The implementation of HB 851 is expected to result in significant changes to the current legal framework governing how emergencies are handled in Hawaii. By defining what constitutes a 'public health emergency', the bill ensures that specific criteria must be met before such a declaration can be made. This clarity may help prevent misuse of emergency powers while ensuring that necessary measures can be taken swiftly and effectively in the face of real threats to public health and safety.

Summary

House Bill 851 aims to reform the declaration of a state of emergency in Hawaii by introducing a structured and accountable process for such declarations. The bill acknowledges the experiences gained during the COVID-19 pandemic, highlighting the need for rapid response to public health emergencies without compromising legislative oversight or transparency in government actions. One significant provision is the stipulation that the initial declaration of a state of emergency may last only 30 days, unless an extension is requested and approved by both houses of the legislature, thereby enhancing checks and balances within the state’s emergency management framework.

Contention

While HB 851 is positioned as a necessary step towards greater accountability in state governance, it does face potential pushback from those who argue that any restrictions on the governor's emergency powers could hinder timely responses in urgent situations. Discussions surrounding the bill may reveal differing views on the balance between efficient crisis management and the preservation of legislative oversight. The necessity of bipartisan approval for extending emergencies could also be seen as a double-edged sword, fostering greater collaboration or leading to political gridlock during critical times.