SB 846

THE SENATE
S.B. NO.
846
THIRTY-THIRD LEGISLATURE, 2025
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.� The
legislature finds that transparency and accountability are foundational
principles of good governance.� Access to
public records and vital statistics ensures that the public remains informed
about government actions, promotes trust, and facilitates community involvement
in decision-making processes.
���� The legislature further finds that during
the COVID-19 pandemic, there were instances where access to public records and
vital statistics was suspended, limiting the public's ability to monitor
government decision-making and obtain essential documents.� Vital records, such as birth certificates,
death certificates, and marriage licenses are crucial for individuals to access
health care services, enroll in schools, obtain government benefits, and
conduct personal or business-related legal transactions.� The suspension of access to these records
during the COVID-19 pandemic created unnecessary hardships for Hawaii residents
already grappling with the challenges of the emergency, undermined public
confidence, and greatly exacerbated misinformation.
���� The legislature acknowledges that
emergencies can create operational challenges for state agencies in responding
to public records and vital statistics requests.� Nevertheless, the legislature believes that a
complete suspension of these services is neither necessary nor justified.� Allowing for reasonable delays due to
extenuating circumstances strikes an appropriate balance between ensuring
transparency and addressing the practical constraints state agencies face
during emergencies.
���� Accordingly, the purpose of this Act is to
prohibit the governor or a mayor from suspending requests for public records or
vital statistics during a declared state of emergency, while allowing for a
reasonable delay in an agency's response to a request as a result of
extenuating circumstances.
���� SECTION 2.�
Chapter 127A, Hawaii Revised Statutes, is amended by adding a new
section to be appropriately designated and to read as follows:
���� "�127A-  � Suspension of certain record requests;
prohibited.� (a)� The governor or a mayor shall not, through
any proclamation or declaration of emergency or any rule or order adopted
pursuant to this chapter, suspend agency response deadlines for requests to:
���� (1)� Public records pursuant to part II
of chapter 92F; or
���� (2)� Vital records or statistics pursuant
to sections 338‑18.
���� (b)� Due to extenuating circumstances, there may
be a reasonable delay in an agency's response to a request; provided that an
agency shall not reject a request at any time, regardless of whether an
emergency has been declared."
���� SECTION 3.� Section 127A-13, Hawaii Revised Statutes, is
amended to read as follows:
���� "�127A-13�
Additional powers in an emergency period.� (a)� In the event of a state of emergency declared
by the governor pursuant to section 127A-14, the governor may exercise the
following additional powers pertaining to emergency management during the
emergency period:
���� (1)� Provide for and
require the quarantine or segregation of persons who are affected with or
believed to have been exposed to any infectious, communicable, or other disease
that is, in the governor's opinion, dangerous to the public health and safety,
or persons who are the source of other contamination, in any case where, in the
governor's opinion, the existing laws are not adequate to assure the public
health and safety; provide for the care and treatment of the persons;
supplement the provisions of sections 325-32 to 325-38 concerning compulsory
immunization programs; provide for the isolation or closing of property that is
a source of contamination or is in a dangerous condition in any case where, in
the governor's opinion, the existing laws are not adequate to assure the public
health and safety, and designate as public nuisances acts, practices, conduct,
or conditions that are dangerous to the public health or safety or to property;
authorize that public nuisances be summarily abated and, if need be, that the
property be destroyed by any police officer or authorized person, or provide
for the cleansing or repair of property, and if the cleansing or repair is to
be at the expense of the owner, the procedure therefor shall follow as nearly
as may be the provisions of section 322-2, which shall be applicable; and
further, authorize without the permission of the owners or occupants, entry on
private premises for any of these purposes;
���� (2)� Relieve hardships and
inequities, or obstructions to the public health, safety, or welfare, found by
the governor to exist in the laws and to result from the operation of federal
programs or measures taken under this chapter, by suspending the laws, in whole
or in part, or by alleviating the provisions of laws on terms and conditions as
the governor may impose, including licensing laws, quarantine laws, and laws
relating to labels, grades, and standards;
���� (3)� [[Suspend]] Except
as provided in section 127A-  , suspend any law that
impedes or tends to impede or be detrimental to the expeditious and efficient
execution of, or to conflict with, emergency functions, including laws that by
this chapter specifically are made applicable to emergency personnel;
���� (4)� Suspend the provisions of any regulatory law
prescribing the procedures for out-of-state utilities to conduct business in
the State including any licensing laws applicable to out-of-state utilities or
their respective employees, as well as any order, rule, or regulation of any
state agency, if strict compliance with the provisions of any law, order, rule,
or regulation would in any way prevent, hinder, or delay necessary action of a
state utility in coping with the emergency or disaster with assistance that may
be provided under a mutual assistance agreement;
���� (5)� In the event of
disaster or emergency beyond local control, or an event that in the opinion of
the governor, renders state operational control necessary, or upon request of
the local entity, assume direct operational control over all or any part of the
emergency management functions within the affected area;
���� (6)� Shut off water mains,
gas mains, or electric power connections, or suspend other services;
���� (7)� Direct and control the
mandatory evacuation of the civilian population;
���� (8)� Exercise additional
emergency functions to the extent necessary to prevent hoarding, waste, or
destruction of materials, supplies, commodities, accommodations, facilities,
and services, to effectuate equitable distribution thereof, or to establish
priorities therein as the public welfare may require; to investigate; and
notwithstanding any other law to the contrary, to regulate or prohibit, by
means of licensing, rationing, or otherwise, the storage, transportation, use,
possession, maintenance, furnishing, sale, or distribution thereof, and any
business or any transaction related thereto;
���� (9)� Suspend section 8-1,
relating to state holidays, except the last paragraph relating to holidays
declared by the president, which shall remain unaffected, and in the event of
the suspension, the governor may establish state holidays by proclamation;
��� (10)� Adjust the hours for
voting to take into consideration the working hours of the voters during the
emergency period, and suspend those provisions of section 11-131 that fix the
hours for voting, and fix other hours by stating the same in the election proclamation
or notice, as the case may be;
��� (11)� Assure the continuity
of service by critical infrastructure facilities, both publicly and privately
owned, by regulating or, if necessary to the continuation of the service
thereof, by taking over and operating the same; and
��� (12)� Except
as provided in section 134-7.2, whenever in the governor's opinion, the laws of
the State do not adequately provide for the common defense, public health,
safety, and welfare, investigate, regulate, or prohibit the storage,
transportation, use, possession, maintenance, furnishing, sale, or distribution
of, as well as any transaction related to, explosives, firearms, and
ammunition, inflammable materials and other objects, implements, substances,
businesses, or services of a hazardous or dangerous character, or particularly
capable of misuse, or obstructive of or tending to obstruct law enforcement,
emergency management, or military operations, including intoxicating liquor and
the liquor business; and authorize the seizure and forfeiture of any objects,
implements, or substances unlawfully possessed, as provided in this chapter.
���� (b)� In the event of a
local state of emergency declared by [[the]] a mayor pursuant to
section 127A-14, the mayor may exercise the following additional powers
pertaining to emergency management during the emergency period:
���� (1)� Relieve hardships and
inequities, or obstructions to the public health, safety, or welfare, found by
the mayor to exist in the laws of the county and to result from the operation
of federal programs or measures taken under this chapter, by suspending the
county laws, in whole or in part, or by alleviating the provisions of county
laws on terms and conditions as the mayor may impose, including county
licensing laws, and county laws relating to labels, grades, and standards;
���� (2)� [[Suspend]] Except
as provided in section 127A-  , suspend any county law
that impedes or tends to impede or be detrimental to the expeditious and
efficient execution of, or to conflict with, emergency functions, including
laws that by this chapter specifically are made applicable to emergency
personnel;
���� (3)� Shut off water mains,
gas mains, or electric power connections, or suspend other services;
���� (4)� Direct and control the
mandatory evacuation of the civilian population; and
���� (5)� Exercise additional
emergency functions, to the extent necessary to prevent hoarding, waste, or
destruction of materials, supplies, commodities, accommodations, facilities,
and services, to effectuate equitable distribution thereof, or to establish
priorities therein as the public welfare may require; to investigate; and any
other county law to the contrary notwithstanding, to regulate or prohibit, by
means of licensing, rationing, or otherwise, the storage, transportation, use,
possession, maintenance, furnishing, sale, or distribution thereof, and any
business or any transaction related thereto."
���� SECTION 4.�
Statutory material to be repealed is bracketed and stricken.� New statutory material is underscored.
���� SECTION 5.�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Emergency
Management; State of Emergency; Public Records; Vital Statistics
Description:
Prohibits the Governor or a Mayor from suspending requests
for public records or vital statistics during a declared state of emergency.� Allows for a reasonable delay in an agency's
response to a request as a result of extenuating circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.