Military Facilities; Governor's Emergency Powers
Temporarily confers emergency powers on the governor to suspend certain state statutes, rules, or orders, and suspend, waive, defer, or modify contract or lease obligations owed to the State, to facilitate the construction of military training facilities in the State. Requires monthly reports. (HB938 HD2)
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MILITARY FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that our country is on the brink of a war with Iraq over the refusal by its leader, Saddam Hussein, to disarm, particularly with regard to weapons of mass destruction. If such a war commences, our soldiers will be in harm's way, and casualties in both the military ranks as well as innocent Iraqi civilians may be high. The most effective way to minimize casualties among our troops is to prepare them through the best and most realistic training possible.
Hawaii's military units will certainly participate in some way in this war. Additionally, Hawaii may serve as a staging area for our fighting forces bound for the Middle East or other "hot" spots. These soldiers will also require training.
Additional training areas may be required by our military, and the preparation of these areas may require the shortest time possible. It will be in the best interest of our fighting men and women that we assist in their hazardous missions by facilitating the construction of appropriate training areas.
The economy of Hawaii will probably suffer with the commencement of a war with Iraq. Eastbound as well as westbound tourists will postpone or cancel their vacations to Hawaii, and our economy will suffer. The expeditious construction of training areas for the military will create additional jobs in the construction industry and serve to offset some of the economic losses in our tourist industry.
The purpose of this Act is to confer temporarily upon the governor emergency powers to suspend certain state statutes, rules, or orders, and suspend, waive, defer, or modify contract or lease obligations owed to the State, to facilitate the construction of military training facilities in the State when deemed reasonably necessary to prepare for an armed conflict with Iraq.
SECTION 2. Governor's declaration; suspension of laws, rules, and orders relating to military construction; suspension, waiver, deferment, or modification of contract or lease obligations; public notice; notice to legislature. (a) The governor may issue a proclamation declaring that the construction of military training facilities for the United States armed forces are reasonably necessary to prepare for an armed conflict with Iraq.
(b) Upon the issuance of a proclamation pursuant to subsection (a), the governor may exercise the following emergency powers:
(1) Temporarily suspend, in whole or in part, any statute, rule, or order to implement measures solely relating to the construction of military facilities for use by the United States Army's 2nd Brigade, 25th Infantry Division (Light), in Makua Valley and Kunia, Oahu, and the Pohakuloa Training Area on the island of Hawaii, when the governor determines that strict compliance with any statute, rule, or order would prevent, hinder, or delay military construction activities; provided that this paragraph shall not apply to laws, rules, or orders relating to:
(A) Hazardous waste disposal;
(B) Historical or cultural sites; or
(C) The public trust; and
(2) Temporarily suspend, waive, defer, or modify any contract or lease obligations owed to the State up to June 30, 2004, upon such terms and conditions as shall be reasonably necessary solely to facilitate the construction of military training facilities as specified in paragraph (1); provided that a person under a contract or lease with the State may be eligible for consideration for relief if the person requests the relief, submits written evidence proving the amount and extent of losses, and satisfies any other conditions as may be specified by the governor.
(c) Whenever a statute, rule, or order is suspended pursuant to subsection (b)(1), the governor shall provide public notice prior to the effective date of the suspension:
(1) In the manner provided in section 1-28.5, Hawaii Revised Statutes; or
(2) In lieu of publication and when immediate suspension of a statute, rule, or order is necessary, by radio or television broadcast, on an official state website on the Internet, or by such other means as may be available; provided that the notice shall be published thereafter pursuant to section 1-28.5, Hawaii Revised Statutes, at the earliest practicable date.
(d) The governor shall submit a monthly report to the legislature, or if the legislature is not in session, to its presiding officers, to keep the legislature apprised of all actions taken under this Act. The monthly reports shall include detailed information regarding each action taken under this Act and the reasons for the action.
(e) The governor shall not suspend any provision of this Act.
SECTION 3. (a) The powers and authority conferred upon the governor by this Act are in addition to any other powers or authority conferred upon the governor by the laws of the United States and of the State for the same or similar purpose and shall not be construed as abrogating, limiting, or modifying any such power or authority.
(b) All laws inconsistent with this Act or any rule adopted under the authority of this Act shall be suspended during the period of the governor's declaration under section 2(a) and to the extent that the suspension is necessary to effectuate the purposes of this Act.
(c) All actions taken under this Act shall comply with applicable federal laws and regulations and shall not jeopardize the receipt of any federal aid or impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or any such agency.
(d) Nothing in this Act shall preclude or limit the liability of any person or entity for causes of action in tort, contract, or other legal or equitable theory that are based upon acts or omissions occurring on or after the effective date of this Act.
SECTION 4. Upon the repeal of this Act:
(1) Any relief granted, including any benefit or privilege resulting from any action taken by the governor under this Act, shall cease; and
(2) All statutes, rules, or orders suspended and all contract or lease obligations that were waived, suspended, deferred, or modified by the governor under this Act shall be reinstated in the form that existed on the day before the statutes, rules, or orders were suspended, or the day before the leases or contracts were waived, suspended, deferred, or modified.
SECTION 5. 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, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. This Act shall take effect upon its approval, and shall be repealed on June 30, 2004.