Report Title:

Emergency Executive Powers

 

Description:

Clarifies when the governor may exercise emergency powers.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2663

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to emergencies.

 

 

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

 

     SECTION 1.  The purpose of this Act is to define the events for which the governor may exercise emergency powers.

     SECTION 2.  Section 127-10, Hawaii Revised Statutes, is amended to read as follows:

     "§127-10  Disaster relief during suspension of preceding sections.  (a)  During any period in which sections 127-1 to 127-9 are not in effect, the governor and political subdivisions may exercise any and all of their powers that relate to disasters resulting from enemy attacks, in order to provide other disaster relief.  All provisions of law that relate to disasters resulting from enemy attacks during such period are made applicable to other disaster relief, including without limitation, provisions making or authorizing appropriations or expenditures.

     (b)  As used in this section ["other]:

     "Act of God" means an act occasioned exclusively by the violence of nature without human interference.

     "Major accident" means a sudden and unexpected event with substantial detrimental effect that takes place immediately upon the occurrence of the event, as opposed to an event with insubstantial detrimental effect or substantial detrimental effect that has accumulated over time.

     "Other disaster relief" means the preparation for and the carrying out of all functions, other than functions for which military forces are primarily responsible, to minimize and repair injury and damage resulting from disasters caused by [fire, flood, tidal wave, volcanic eruption, earthquake, or other natural causes and] acts of God or major [disasters caused by acts of man, including but not limited to, massive oil spills, nuclear accidents, airplane crashes and civil disturbances.] accidents.

     "Substantial detrimental effect" means actual or potential detrimental effect to:

     (1)  The health and safety of the majority of residents of at least one representative district;

     (2)  The income or structures of a majority of businesses located in at least one representative district; or

     (3)  The physical environment of a majority of the land area or coastline of at least one representative district.

     (c)  The governor may make a determination of "substantial detrimental effect" by a reasonable estimate of the actual or potential effect of an accident.  A quantification of the effect shall not be necessary."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2008.

 

INTRODUCED BY:

_____________________________