HOUSE OF REPRESENTATIVES

H.B. NO.

721

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

rELATED TO EMERGENCY MANAGEMENT.

 

 

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

 


SECTION 1. Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"127A- Quarantine or shutdown ordered by the governor; limited duration; extension procedures. (a) Notwithstanding any provision of this chapter to the contrary, the governor shall not issue a proclamation declaring a state of emergency that requires the:

(1) Cessation of operations of any type of business or other entity; or

(2) Quarantine of any person,

for a period of more than twenty-eight days; provided that a state of emergency may be extended beyond twenty-eight days as provided in subsections (b) and (c).

(b) A state of emergency that is limited in duration by subsection (a) may be extended for a period of not more than fourteen days if a request for an extension of the state of emergency is approved by concurrent resolution by two-thirds vote of the members to which each house of the legislature is entitled. If the legislature does not adopt a concurrent resolution to extend the state of emergency, the state of emergency shall not be extended. If the legislature is not in session when an extension of the state of emergency is being considered by the governor, the governor shall call the legislature into special session not less than ten days prior to the expiration of the initial declaration of a state of emergency.

(c) A state of emergency that is limited in duration by subsection (a) and extended pursuant to subsection (b) may be extended for additional periods of no more than fourteen days each; provided that each extension shall require approval by the legislature using the process described in subsection (b)."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Governor; Emergency Powers; Shutdown of Businesses; Quarantines; Limits on Duration; Legislative Approval

 

Description:

Prohibits the governor from declaring a state of emergency requiring the shutdown of any type of business or operation, or the quarantine of any person, for a period of more than 28 days. Allows a state of emergency to be extended by periods of 14 days if each extension is approved by a two-thirds vote of each house of the legislature.

 

 

 

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