Hawaii 2022 Regular Session

Hawaii Senate Bill SB240 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 240 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to mask and quarantine violations. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 240
4	4	THIRTY-FIRST LEGISLATURE, 2021
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to mask and quarantine violations.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the lack of uniform messaging regarding mask-wearing during the coronavirus disease 2019 (COVID-19) pandemic has led to wide spread confusion as to what constitutes a violation of the governor's emergency order, requiring all persons in the State to wear a face covering over their nose and mouth when in public. The legislature further finds that violation of the governor's mask order is a misdemeanor, carrying a penalty of up to $5,000 or up to one year in prison, or both. The legislature also finds that after the governor's mask order went into effect, the number of citations issued for violating the mask order congested the courts and prompted the legislature to consider convening a special session to address the situation. The purpose of this bill is to: (1) Limit the punishment for a first-time violation of the governor's mask order to a penalty not to exceed $500; and (2) Limit the punishment for a first-time violation of the governor's quarantine order to a penalty not to exceed $500; except for: (A) Violators who post photos, videos, or other media depicting their violation on social media, internet platforms, or otherwise publicize their violation; and (B) Violators who have symptoms of COVID-19 or have a positive test result for COVID‑19. SECTION 2. A first-time violation of a governor's proclamation related to the COVID-19 emergency, requiring all persons in the State to wear a face covering over their nose and mouth when in public, notwithstanding Section 127A-29, Hawaii Revised Statutes, shall be limited to a fine of not more than $500; provided that a second violation shall be a misdemeanor as provided in section 127A-29, Hawaii Revised Statutes. SECTION 3. A first-time violation of a governor's proclamation related to the COVID-19 emergency, requiring all persons entering the State to self-quarantine for an established period of days, notwithstanding Section 127A-29, Hawaii Revised Statutes, shall be limited to a fine of not more than $500; provided that: (1) Section 127A-29, Hawaii Revised Statutes, shall apply to violators who post photos, videos, or other media depicting their violation of the governor's proclamation on social media, internet platforms, or otherwise publicize their violation; (2) Section 127A-29, Hawaii Revised Statutes, shall apply to violators of a governor's proclamation related to the COVID-19 emergency, who have symptoms of COVID-19 or have a positive test result for COVID‑19; and (3) A second violation of this section of a governor's proclamation as described in paragraphs (1) or (2) shall be a misdemeanor as provided in section 127A-29, Hawaii Revised Statutes. SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the lack of uniform messaging regarding mask-wearing during the coronavirus disease 2019 (COVID-19) pandemic has led to wide spread confusion as to what constitutes a violation of the governor's emergency order, requiring all persons in the State to wear a face covering over their nose and mouth when in public.
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51	51	The legislature further finds that violation of the governor's mask order is a misdemeanor, carrying a penalty of up to $5,000 or up to one year in prison, or both. The legislature also finds that after the governor's mask order went into effect, the number of citations issued for violating the mask order congested the courts and prompted the legislature to consider convening a special session to address the situation.
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53	53	The purpose of this bill is to:
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55	55	(1) Limit the punishment for a first-time violation of the governor's mask order to a penalty not to exceed $500; and
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57	57	(2) Limit the punishment for a first-time violation of the governor's quarantine order to a penalty not to exceed $500; except for:
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59	59	(A) Violators who post photos, videos, or other media depicting their violation on social media, internet platforms, or otherwise publicize their violation; and
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61	61	(B) Violators who have symptoms of COVID-19 or have a positive test result for COVID‑19.
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63	63	SECTION 2. A first-time violation of a governor's proclamation related to the COVID-19 emergency, requiring all persons in the State to wear a face covering over their nose and mouth when in public, notwithstanding Section 127A-29, Hawaii Revised Statutes, shall be limited to a fine of not more than $500; provided that a second violation shall be a misdemeanor as provided in section 127A-29, Hawaii Revised Statutes.
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65	65	SECTION 3. A first-time violation of a governor's proclamation related to the COVID-19 emergency, requiring all persons entering the State to self-quarantine for an established period of days, notwithstanding Section 127A-29, Hawaii Revised Statutes, shall be limited to a fine of not more than $500; provided that:
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67	67	(1) Section 127A-29, Hawaii Revised Statutes, shall apply to violators who post photos, videos, or other media depicting their violation of the governor's proclamation on social media, internet platforms, or otherwise publicize their violation;
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69	69	(2) Section 127A-29, Hawaii Revised Statutes, shall apply to violators of a governor's proclamation related to the COVID-19 emergency, who have symptoms of COVID-19 or have a positive test result for COVID‑19; and
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71	71	(3) A second violation of this section of a governor's proclamation as described in paragraphs (1) or (2) shall be a misdemeanor as provided in section 127A-29, Hawaii Revised Statutes.
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73	73	SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
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75	75	SECTION 5. This Act shall take effect upon its approval.
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79	79	INTRODUCED BY: _____________________________
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81	81	INTRODUCED BY:
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83	83	_____________________________
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89	89	Report Title: COVID-19; Pandemic; Masks; Quarantine; Social Media; Governor's Emergency Proclamations; Misdemeanors Description: Limits first offense violations of a governor's emergency proclamation requiring wearing cloth face coverings to a fine of not more than $500. Limits first offense violations of a governor's emergency proclamation requiring persons traveling from out of state to quarantine to a fine of not more than $500, except for those violators who post media of themselves violating the governor's order on social media or who travel to the State with symptoms or a positive test result for COVID-19. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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95	95	Report Title:
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97	97	COVID-19; Pandemic; Masks; Quarantine; Social Media; Governor's Emergency Proclamations; Misdemeanors
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101	101	Description:
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103	103	Limits first offense violations of a governor's emergency proclamation requiring wearing cloth face coverings to a fine of not more than $500. Limits first offense violations of a governor's emergency proclamation requiring persons traveling from out of state to quarantine to a fine of not more than $500, except for those violators who post media of themselves violating the governor's order on social media or who travel to the State with symptoms or a positive test result for COVID-19.
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111	111	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.