THE SENATE

S.B. NO.

1267

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to emergency powers.

 

 

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

 


SECTION 1. Section 127A-14, Hawaii Revised Statutes, is amended to read as follows:

"127A-14 State of emergency. (a) The governor may declare the existence of a state of emergency in the State by proclamation if the governor finds that an emergency or disaster has occurred or that there is imminent danger or threat of an emergency or disaster in any portion of the State.

(b) A mayor may declare the existence of a local state of emergency in the county by proclamation if the mayor finds that an emergency or disaster has occurred or that there is imminent danger or threat of an emergency or disaster in any portion of the county.

(c) [The] Except as provided in subsections (d) and (f), the governor or mayor shall be the sole judge of the existence of the danger, threat, or circumstances giving rise to a declaration of a state of emergency in the State or a local state of emergency in the county, as applicable. This section shall not limit the power and authority of the governor under section 127A-13(a)(5).

(d) [A state of emergency and a local state of emergency shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, or by a separate proclamation of the governor or mayor, whichever occurs first.] A proclamation of a state of emergency shall terminate upon the earliest of the following:

(1) Automatically, sixty days after the issuance of the proclamation of a state of emergency;

(2) By the date that is less than sixty days as specified in the proclamation of a state of emergency; or

(3) By a separate and subsequent proclamation of the governor specifying another termination date within the sixty-day period identified in paragraph (1);

provided that upon a request made by the governor to the legislature no less than twelve days prior to the expiration of the proclamation, the legislature may by concurrent resolution adopt an extension of the state of emergency to a date certain or deny any request for an extension of the state of emergency; provided further that if the legislature fails to take action on the governor's request by a concurrent resolution before the expiration of the state of emergency, the state of emergency shall automatically be extended for sixty days.

(e) A separate proclamation by the governor for a state of emergency arising from the same emergency or disaster in which a previous emergency proclamation expired may be authorized for a period of up to sixty days upon request of the governor and adoption of a concurrent resolution by the legislature.

(f) A proclamation of a local state of emergency shall terminate upon the earliest of the following:

(1) Automatically, sixty days after the issuance of the proclamation of a local state of emergency;

(2) By the date that is less than sixty days as specified in the proclamation of a local state of emergency; or

(3) By a separate and subsequent proclamation of the mayor specifying another termination date within the sixty-day period identified in paragraph (1);

provided that upon a request made by the mayor to the county council no less than twelve days prior to the expiration of the proclamation, the county council may by resolution adopt an extension of the local state of emergency to a date certain or deny any request for an extension of the local state of emergency; provided further that if the county council fails to take action on the mayor's request by a resolution before the expiration of the local state of emergency, the local state of emergency shall automatically be extended for sixty days.

(g) A separate proclamation by the mayor for a local state of emergency arising from the same emergency or disaster in which a previous emergency proclamation expired may be authorized for a period of up to sixty days upon request of the mayor and adoption of a resolution by the county council."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Emergency Powers; Proclamation; State of Emergency; Local State of Emergency; Automatic Termination; Extension; Reauthorization

 

Description:

Requires approval of the legislature or a county council to extend to a date certain, or deny the extension of, a proclamation of a state of emergency or local state of emergency timely requested by the governor or mayor beyond sixty days of its issuance, unless the legislature or county council fails to take action, in which case the state of emergency or local state of emergency is automatically extended for sixty days. Allows the authorization of the issuance of a separate proclamation arising from the same emergency or disaster as a previous proclamation that expired, upon request of the governor or mayor and adoption of a concurrent resolution by the legislature or resolution by the county council, as appropriate.

 

 

 

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