THE SENATE	S.B. NO.	2908
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO EMERGENCY MANAGEMENT.

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

SECTION 1. Section 127A-14, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) The governor or mayor shall be the sole judge of the existence of the danger, threat, or circumstances giving rise to a declaration, an extension, or a termination 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) Any proclamation issued under this chapter that fails to state the time at which the proclamation will take effect shall take effect at twelve noon of the day on which the proclamation takes effect. A state of emergency and [a] local state of emergency shall automatically terminate [automatically] sixty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, [or] unless extended or terminated by a separate or supplementary proclamation of the governor or mayor[, whichever occurs first]."

SECTION 2. Section 127A-30, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Whenever the governor declares a state of emergency for the entire State or any portion thereof, or a mayor declares a local state of emergency for the county or any portion thereof, or when the State, or any portion thereof, is the subject of a severe weather warning:

(1) [There shall be prohibited any] Any increase in the selling price of any commodity, whether at the retail or wholesale level, in the area that is the subject of the proclamation or the severe weather warning[; and] shall be prohibited; provided that the prohibition may be restricted to particular commodities in the proclamation;

(2) No landlord shall terminate any tenancy for a residential dwelling unit in the area that is the subject of the proclamation or the severe weather warning, except for a breach of a material term of a rental agreement or lease, or if the unit is unfit for occupancy as defined in this chapter; provided that:

(A) Nothing in this chapter shall be construed to extend a fixed-term lease beyond its termination date[, except]; provided further that a periodic tenancy for a residential dwelling unit may be terminated by the landlord upon forty-five days' written notice:

(i) When the residential dwelling unit is sold to a bona fide purchaser for value; or

(ii) When the landlord or an immediate family member of the landlord will occupy the residential dwelling unit; or

(B) Under a fixed-term lease or a periodic tenancy, upon forty-five days' written notice, a landlord may require a tenant or tenants to relocate during the actual and continuous period of any repair to render a residential dwelling unit fit for occupancy; provided further that:

(i) Reoccupancy shall first be offered to the same tenant or tenants upon completion of the repair;

(ii) The term of the fixed-term lease or periodic tenancy shall be extended by a period of time equal to the duration of the repair; and

(iii) It shall be the responsibility of the tenant or tenants to find other accommodations during the period of repair[.]; and

(3) No landlord shall increase, or give notice of an increase to, the rent for a residential dwelling unit in the area that is the subject of the declaration or severe weather warning if the increase was not contained in a written instrument that was signed by the tenant before the declaration or severe weather warning."

2. By amending subsection (c) to read:

"(c) [The prohibitions] Each prohibition under subsection (a) shall remain in effect until twenty-four hours after the severe weather warning is canceled by the [National Weather Service;] issuing agency; or in the event of a declaration, [the later of a date specified by the governor or mayor in the declaration or ninety‑six] seventy-two hours after the effective date and time of the declaration, unless [such] the prohibition is identified and continued [by a supplementary declaration issued by] and the types of commodities are identified by the governor or mayor[. Any proclamation issued under this chapter that fails to state the time at which it will take effect, shall take effect at twelve noon of the day on which it takes effect.] in the proclamation or any supplemental proclamation."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 3000.

Report Title:

Disasters; Residential Rent Increases; Price Increases; Emergency Proclamations; Prohibition

Description:

Clarifies the powers of the Governor and mayors to extend or terminate a state of emergency. Clarifies when proclamations take effect. Prohibits residential rent increases in areas subject to emergency declarations or severe weather warnings. Shortens and clarifies the duration of price control periods and the prohibition against residential-tenancy terminations. Effective 1/1/3000. (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.