Hawaii 2022 Regular Session

Hawaii Senate Bill SB240

Introduced
1/22/21  
Refer
1/25/21  

Caption

Relating To Mask And Quarantine Violations.

Impact

The proposed legislation specifically limits first-time violations of the mask mandate and quarantine requirements to a fine not exceeding $500, except in cases where the violators publicize their actions on social media or exhibit symptoms of COVID-19. In such instances, the existing legal framework under Section 127A-29 of Hawaii Revised Statutes would apply, reinstating the original penalties. This reflects a shift in the legislative approach toward managing public health compliance while maintaining a level of accountability for individuals who violate public health directives.

Summary

Senate Bill 240 (SB240) addresses violations related to the governor's emergency orders concerning mask-wearing and quarantine measures during the COVID-19 pandemic in Hawaii. The bill aims to clarify the penalties for first-time violations of these orders by significantly reducing the potential fines from up to $5,000 and one year in prison for a misdemeanor to a maximum penalty of $500. This change is intended to alleviate congestion in the judicial system caused by the high volume of citations issued under these orders as the pandemic developed.

Contention

While proponents argue that SB240 provides a rational and humane approach to enforcement, critics may contend that it could undermine the seriousness of compliance with health orders, especially in a pandemic context. The stipulation concerning media publication as an aggravating factor introduces a novel aspect to public health enforcement, which might raise questions about freedom of expression and privacy. Moreover, the bill's framework aims to ensure that those who exhibit potential COVID-19 symptoms are held to a stricter punitive standard, reinforcing the importance of public health safety.

Companion Bills

No companion bills found.

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