REPORT TITLE:
Gubernatorial powers-
Stevedores


DESCRIPTION:
Mandates the governor to intervene where furnishing of services
by the stevedoring industry is disrupted.  A 10 day limit after a
finding of a danger to public safety is included to minimize
disruption of the flow of vital goods to the people of Hawaii.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1811
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT


RELATING TO THE PROTECTION AGAINST INTERRUPTION OF COMMERCE.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
 
 1      SECTION 1.  Hawaii is dependent on the importation of goods
 
 2 from the West Coast of the United States as well as from abroad
 
 3 for its economic survival.  Unlike other states within our Union,
 
 4 Hawaii is surrounded by water, making long term alternative modes
 
 5 of delivery either unrealistic or costly.  The lack of delivery
 
 6 alternatives make Hawaii particularly dependent on ocean shipping
 
 7 and vulnerable to disruption in this lifeline.  The purpose of
 
 8 this legislation is to empower the Governor to take swift action
 
 9 to prevent a prolonged disruption in the delivery of essential
 
10 goods to the people of Hawaii.
 
11      SECTION 2.  Section 382-2, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§382-2 Proclamation of emergency; preparations for
 
14 government operations.(a)  Whenever the governor finds that the
 
15 public health, safety, or welfare has been impaired or imperiled
 
16 and a state emergency created as a result of the interruption in
 
17 the furnishing of services by the stevedoring industry, whether
 
18 the interruption has been caused by an industrial dispute or
 
19 otherwise, the governor [may] shall issue a proclamation
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 declaring the existence of the emergency and the governor's
 
 2 intention to exercise the governor's powers of seizure and
 
 3 operation of the entire plant and related facilities of any
 
 4 stevedoring company under section 382-3[.]within ten calendar
 
 5 days of such a finding.
 
 6      (b)  Before [or after] the issuance of the proclamation the
 
 7 governor may make such preparations as the governor deems
 
 8 necessary or proper to carry out section 382-3.  After the
 
 9 issuance of the proclamation the governor shall make such
 
10 preparations as the governor deems necessary or proper to carry
 
11 out section 382-3." 
 
12      SECTION 3.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 4.  This Act shall take effect upon its approval.
 
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