Report Title:

Gubernatorial powers; Stevedores

Description:

Mandates the governor to intervene where furnishing of services by the stevedoring industry is disrupted. A 10-day limit after a finding of a danger to public safety is included to minimize disruption of the flow of vital goods to the people of Hawaii.

THE SENATE

S.B. NO.

563

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE PROTECTION AGAINST INTERRUPTION OF COMMERCE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Hawaii is dependent on the importation of goods from the West Coast of the United States as well as from abroad for its economic survival. Unlike other states within our Union, Hawaii is surrounded by water, making long-term alternative modes of delivery either unrealistic or costly. The lack of delivery alternatives makes Hawaii particularly dependent on ocean shipping and vulnerable to disruption in this lifeline. The purpose of this Act is to empower the governor of the state of Hawaii to take swift action to prevent a prolonged disruption in the delivery of essential goods to the people of Hawaii.

SECTION 2. Section 382-2, Hawaii Revised Statutes, is amended to read as follows:

"§382-2 Proclamation of emergency; preparations for government operations. (a) Whenever the governor finds that the public health, safety, or welfare has been impaired or imperiled and a state emergency created as a result of the interruption in the furnishing of services by the stevedoring industry, whether the interruption has been caused by an industrial dispute or otherwise the governor [may] shall issue a proclamation declaring the existence of the emergency and the governor's intention to exercise the governor's powers of seizure and operation of the entire plant and related facilities of any stevedoring company under section 382-3 [.] within ten calendar days of such a finding.

(b) Before [or after] the issuance of the proclamation the governor may make such preparations as the governor deems necessary or proper to carry out section 382-3. After the issuance of the proclamation the governor shall make such preparations as the governor deems necessary or proper to carry out section 382-3."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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