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HOUSE OF REPRESENTATIVES |
H.B. NO. |
103 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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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
(e) 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.
(e) 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.
(f) 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."
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.
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INTRODUCED BY: |
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Report Title:
Governor's Emergency Powers; Proclamation; State of Emergency; Automatic Termination; Extension; Reauthorization; Concurrent Resolution
Description:
Requires approval of the legislature by concurrent resolution to extend to a date certain, or deny the extension of, a proclamation of a state of emergency timely requested by the governor beyond sixty days of its issuance, unless the legislature fails to take action, in which case the 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 and adoption of a concurrent resolution by the legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.