STAND. COM. REP. NO. 402

Honolulu, Hawaii

, 2021

RE: H.B. No. 103

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 103, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY POWERS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Clarify that the powers granted for emergency purposes shall not be inconsistent with the Hawaii State Constitution;

(2) Provide parameters for the duration of suspension of laws and require justification for the suspension;

(3) Provide for the termination or extension of a proclamation of a state of emergency; and

(4) Allow 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.

Your Committee received testimony in support of this measure from the State of Hawaii Organization of Police Officers; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and three individuals. Your Committee received testimony in opposition to this measure from the Hawaii Emergency Management Agency, Maui Chamber of Commerce, and one individual. Your Committee received comments on this measure from Common Cause Hawaii and Grassroot Institute of Hawaii.

Your Committee finds that to address the coronavirus disease 2019 (COVID-19) pandemic, the Governor declared a state of emergency on March 4, 2020, and has since issued 17 supplemental proclamations extending the state of emergency and other restrictions. Your Committee believes that there needs to be more checks and balances with regard to the extension of emergency proclamations to ensure the welfare of the residents of the State. Your Committee further finds that the Governor appropriately took action to provide relief for damages to protect the health, safety, and welfare of residents by suspending certain laws, however, as the State enters the eleventh month of the pandemic, it brings into question the need to continuously suspend a variety of state laws.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 103, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair