THE SENATE

S.B. NO.

266

THIRTY-FIRST LEGISLATURE, 2021

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE CORONAVIRUS 2019 PANDEMIC.

 

 

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

 


PART I

     SECTION 1.  The legislature finds that the impact of the SARS-CoV-2 virus and resulting coronavirus disease 2019 (COVID‑19) pandemic has been devastating to global, national, and state economies.

     The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, was enacted on March 27, 2020, to address the extensive health and economic fallout of the COVID-19 pandemic and provided federal funds to support the State's COVID-19 relief efforts.  With the expiration of federal CARES Act funds, the State finds that additional funds are needed to continue funding critical COVID-19 response programs and activities.

     Accordingly, the purpose of this part is to appropriate funds for the purpose of COVID-19 response activities and provide transparency and accountability for the use of those funds.

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the transfer of contracts from the department of transportation to the department of defense related to the safe travels Hawaii airport screening program.

     The sums appropriated shall be expended by the department of defense for the purposes of this part.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for costs related to the activation of the national guard, including three temporary full-time equivalent (3.00 FTE) positions for additional staffing for the joint operational command.

     The sums appropriated shall be expended by the department of defense for the purposes of this part.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for logistics support for COVID-19 operations including ten full-time equivalent (10.00 FTE) positions and data service for airport screener tablets.

     The sums appropriated shall be expended by the department of defense for the purposes of this part.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for overtime costs for the department of human services due to increased applications and processing for social services and financial assistance.

     The sums appropriated shall be expended by the department of human services for the purposes of this part.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof that may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for costs related to COVID-19 testing, contact tracing, and support for the department of health state laboratories division, including contracts, technical assistance, supplies, personal protective equipment, testing equipment, utilities, and other related costs.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 7.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for community outreach and education, including statewide communication costs for media for COVID-19 prevention and mitigation, vaccination messages, and other related public health messaging.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 8.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for various public health costs, including preparedness logistics and training, personal protective equipment, industrial hygiene, other protective supplies and equipment, and statewide COVID-19 related public health nursing surge staffing, including overtime.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 9.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for costs related to COVID-19 prevention for the residents of Kalaupapa, Molokai.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 10.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for isolation and quarantine costs, including all related services, on the island of Oahu.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 11.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the Kauai district health office.  Moneys shall be used to fund overtime costs related to COVID-19 work, contracts, isolation, and quarantine costs, including all related services, communications and media costs, and additional testing.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 12.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the Hawaii district health offices.  Moneys shall be used to fund overtime costs related to COVID-19 work, contracts, isolation, and quarantine costs, including all related services, communications and media costs, workspace for temporary workers, and additional testing.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 13.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the Maui district health office.  Moneys shall be used to fund overtime costs related to COVID-19 work, contracts, isolation, and quarantine costs, including all related services, communications and media costs, intra-county travel, and additional testing.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 14.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for statewide COVID-19 related public health surge staffing, including overtime costs; provided that funds may be used to temporarily establish and operate a district health office on the island of Oahu to serve as a COVID-19 response liaison between the city and county of Honolulu and the department of health.  The department of health may establish temporary full-time equivalent positions to staff the district health office, including:

     (1)  One full-time equivalent (1.00 FTE) district health officer;

     (2)  One full-time equivalent (1.00 FTE) public health manager;

     (3)  One full-time equivalent (1.00 FTE) COVID-19 public information officer;

     (4)  One full-time equivalent (1.00 FTE) inter-governmental coordinator;

     (5)  Five full-time equivalent (5.00 FTE) special assistants; and

     (6)  Five full-time equivalent (5.00 FTE) program specialists.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 15.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for statewide COVID-19 related medical surge staffing.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 16.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the implementation and administration of vaccine and immunization plans and logistics, including warehousing and distributing vaccines and supplies, creating temporary immunization sites and clinics, communicating vaccine education, and associated operational costs.

     The sums appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 17.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the Hawaii health systems corporation.  Moneys shall be used as a cash infusion to offset revenue shortfalls of the regional facilities of the corporation located in the city and county of Honolulu and the counties of Hawaii and Kauai due to the COVID-19 pandemic.

     The sums appropriated shall be expended by the Hawaii health systems corporation for the purposes of this part.

     SECTION 18.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for health care costs, including COVID-19 tests for inmates, health care professional costs, and inmate hospitalization expenses at non-state facilities for Hawaii inmates.

     The sums appropriated shall be expended by the department of public safety for the purposes of this part.

     SECTION 19.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the increased operational costs of the department of public safety, including costs for food services, deep cleaning and disinfecting, and sanitizing departmental offices and correctional facilities.

     The sums appropriated shall be expended by the department of public safety for the purposes of this part.

     SECTION 20.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for security costs, overtime and other payroll costs for the ten existing full-time equivalent (10.00 FTE) deputy sheriff positions to support continued security screening and protocols for the safe travels Hawaii airport screening program.

     The sums appropriated shall be expended by the department of public safety for the purposes of this part.

     SECTION 21.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 to be used as a contingency fund by the office of the governor to supplement the continuation of programs and activities related to the COVID-19 response.

     The sums appropriated shall be expended by the office of the governor for the purposes of this part; provided that the governor is authorized to transfer funds appropriated by this part to any executive agencies the governor deems necessary; provided further that the governor is authorized to transfer funds in excess of what is needed for each expending agency to the contingency fund for any other uses the governor deems necessary for the purposes of this part.

PART II

     SECTION 22.  The legislature finds that on March 17, 2020, in response to the COVID-19 pandemic, Governor David Y. Ige took the unprecedented step of requiring a fourteen-day quarantine for all travelers to Hawaii.  During the lockdown of the following months, Hawaii went from the lowest unemployment rate in the country to one of the highest, at one point reaching twenty-three per cent.  Business closures as a result of the COVID-19 pandemic resulted in the loss of thousands of local jobs, many of them in Hawaii's robust tourism and food service industries, which make up more than twenty per cent of the State's economy.

     After several false starts, on October 15, 2020, Hawaii launched the safe travels program, allowing visitors to avoid a fourteen-day quarantine if they tested negative for COVID-19 before arriving in the State.  Any travelers who tested positive or chose not to take a test would still be subject to the fourteen-day quarantine.

     A little over a month later, on November 19, 2020, the State changed the safe travels program to require travelers to upload their negative test results before boarding the last leg of their trip to Hawaii.  Travelers who did not have their negative test result before departure would be subject to the fourteen-day quarantine, even if they received a negative result after they arrived.  At the same time, demand for COVID-19 tests on the continental United States were skyrocketing and trusted testing partners were increasingly unable to deliver test results to travelers within the required seventy-two hour timeframe.

     That same month, Governor Ige allowed a county to opt out of the safe travels program entirely, requiring all travelers to that county to follow a fourteen-day quarantine.  This has ultimately resulted in a patchwork of requirements across all counties that are difficult to navigate for visitors and residents alike and, as such, is compounding the economic impact of the pandemic on the State.

     The legislature also finds that the State is facing a historic budget shortfall and tourism revenue is not likely to return to pre-2020 levels for several years.  State revenue in the form of the general excise tax and income taxes are essential to continuing core government services such as education, public health and safety, corrections, and infrastructure.  When a county decides whether to reopen to visitors, it has far reaching fiscal impacts across the State.  Furthermore, many neighbor island counties receive more than a per capita share of state financial resources.  This is in large part due to subsidization by the State's largest county, the city and county of Honolulu.

     The legislature further finds that public health is inextricably entwined with economic health; the two cannot be separated.  When residents lose their jobs, they also lose health care coverage and access to services.  Poverty is the single largest determinant of health.

     Therefore, the purpose of this part is to create a statewide approach to the safe travels program while still allowing the department of health to take necessary action to protect public health as supported by risk-based and scientific approaches to contagion mitigation.

     SECTION 23.  (a)  Notwithstanding chapter 127A, Hawaii Revised Statutes, or any other law to the contrary, this part shall take precedence over all conflicting statutes concerning this subject matter and shall preempt all contrary laws, ordinances, rules, orders, or proclamations adopted by the State, a county, or any department or agency thereof.

     (b)  Any person entering the State or traveling between any islands within the State shall be exempt from a post-arrival mandatory self‑quarantine if the person:

     (1)  Has a negative test result upon arrival from a state approved-COVID-19 test administered within seventy‑two hours before departing from the final leg of departure; provided that if a person has not received a test result upon arrival from the final leg of departure due to unforeseen circumstances through no fault of the person, that person shall be subject to and remain in a post-arrival mandatory self‑quarantine upon arrival unless and until the person:

          (A)  Submits to and obtains a negative test result from a state-approved rapid COVID-19 test upon arrival; and

          (B)  Obtains a negative test result from a state-approved COVID-19 test administered within seventy-two hours from the final leg of departure; or

     (2)  Is under the age of five and accompanied by a person who is exempt under paragraph (1).

     (c)  In addition to the exemptions provided for under subsection (b), the governor shall establish statewide conditions under which persons may be deemed automatically exempt from the pre‑travel testing requirements and mandatory self-quarantine, taking into consideration recommendations provided by the department of health.

     (d)  Any person who does not obtain a negative test result before arrival shall be responsible for securing and paying all costs associated with that person's mandatory self‑quarantine and isolation, including transport, lodging, food, medical care, and any other expenses to sustain the person during the mandatory self‑quarantine period.

     (e)  The post-arrival mandatory self‑quarantine exemption provided by this part shall not affect or in any way impede or supersede the authority of the United States Centers for Disease Control and Prevention or department of health pursuant to sections 321-1 and 325-8, Hawaii Revised Statutes, to require persons to quarantine if they subsequently test positive for COVID-19 or if they are a close contact of a person confirmed positive for COVID-19.

     (f)  For the purposes of this part, "state-approved COVID‑19 test" means a test to determine the presence of active COVID-19 infection that is administered through an entity approved by the safe travels program.

     SECTION 24.  This part shall not be subject to section 127A‑13, Hawaii Revised Statutes, and shall not be suspended except by adoption of a concurrent resolution by each house of the legislature.

PART III

     SECTION 25.  Notwithstanding section 127A-16, Hawaii Revised Statutes, or any other law to the contrary, should any project or program related to COVID-19 response efforts paid for by state funds later become eligible for federal reimbursement, the federal reimbursement funds shall be deposited into the general fund.

     SECTION 26.  On July 1, 2021, $7,962,256.60 from the major disaster fund established pursuant to section 127A-16, Hawaii Revised Statutes, shall lapse to the general fund.

PART IV

     SECTION 27.  This Act shall take effect on July 1, 2050; provided that:

     (1)  All funds appropriated pursuant to part I that are unallotted or unencumbered as of June 30, 2023, shall lapse as of that date; and

     (2)  Part II shall be repealed on December 31, 2021, or upon termination of the State's emergency order for COVID-19 and mandatory self‑quarantine requirement for travelers, whichever occurs first.



 

Report Title:

COVID-19; Statewide Travel Program; Quarantine; Exemptions; Appropriation

 

Description:

Appropriates moneys.  Exempts any person from the post-arrival mandatory self‑quarantine if the person receives a negative test result prior to arrival.  Allows the governor to establish statewide conditions for exemption.  Requires certain COVID-19 tests for travelers who do not have a test result upon arrival to avoid mandatory self-quarantine.  Requires any person who does not obtain a negative test result for COVID-19 pre-arrival to be responsible for all costs associated with that person's mandatory self-quarantine.  Prohibits the suspension of the quarantine requirements except by legislative approval via a concurrent resolution.  Repeals quarantine requirements on 12/31/2021.  Requires that should any project or program related to COVID-19 response efforts paid for by state funds later become eligible for federal reimbursement, those federal funds shall be deposited into the general fund.  Lapses funds from the major disaster fund to the general fund on 7/1/2021.  Effective 7/1/2050.  (HD1)

 

 

 

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