HomeMy WebLinkAboutCOM 0426.003 2022-2024HEATHER L. KIMBALL
COUNCIL CHAIR
Council District I (North Hilo,
HamAzia, and portion of Waimea)
Phone: (808) 961-8828
Fax: (808) 961-8912
Email: Heather. Kimball a, haivaiicoumv.gov
Please see below a proposed amendment to Resolution No. 240-23. The proposed amendment is
illustrated below in Ramseyer format with respect to the contents of Resolution No. 240-23;
material to be deleted is bracketed and stricken, and material to be added is underscored.
The fourth WHEREAS clause is amended to read as follows:
"WHEREAS, legislative proposals submitted by Hawai'i County Council are
listed below and copies attached hereto as Exhibit A:
I . A Draft Bill for an Act Relating to Preemption and the Regulation. of
Tobacco Products (Repeal)
2. A Draft Bill for an Act Relating to Traffic Regulation[ e-nd]
3. A Draft Bill for an Act Relating to Emergency Management; and"
Due to the limited scope of the proposed amendment, a copy of the draft of this resolution, that
would result if the amendment is adopted, is not attached.
ra =t 611q
Comm: No
Hawai'i County is an Equal Opportunity Provider and EmployerAtRefi f. Tme
:°slate..: ACT .:-. 4. 2023
HAWAII COUNTY COUNCIL
25 Aupuni Street, Ste. 1402.
Hilo, Hawai'i 96720
Cz
s
DATE:
October 4, 2023
-
TO:
Members of the Hawaii County Council
FROM:
Heather L. Kimball, Council Chair
Council District 1
SUBJECT:
Proposed Amendment to Resolution No. 240-23; a Resolution Approving
the Hawaii County Council Legislative Proposals and Priorities to be
Considered for Inclusion in the 2024 Hawaii State Association of
Counties Legislative Package.
Please see below a proposed amendment to Resolution No. 240-23. The proposed amendment is
illustrated below in Ramseyer format with respect to the contents of Resolution No. 240-23;
material to be deleted is bracketed and stricken, and material to be added is underscored.
The fourth WHEREAS clause is amended to read as follows:
"WHEREAS, legislative proposals submitted by Hawai'i County Council are
listed below and copies attached hereto as Exhibit A:
I . A Draft Bill for an Act Relating to Preemption and the Regulation. of
Tobacco Products (Repeal)
2. A Draft Bill for an Act Relating to Traffic Regulation[ e-nd]
3. A Draft Bill for an Act Relating to Emergency Management; and"
Due to the limited scope of the proposed amendment, a copy of the draft of this resolution, that
would result if the amendment is adopted, is not attached.
ra =t 611q
Comm: No
Hawai'i County is an Equal Opportunity Provider and EmployerAtRefi f. Tme
:°slate..: ACT .:-. 4. 2023
REVISED:
1 ST DRAFT DATE:
KBN NON
A BILL FOR AN ACT
RELATING TO EMERGENCY MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. Section 127A-13, Hawaii Revised Statutes, is
2 amended by amending subsection (a) to read as follows:
3 "(a) In the event of a state of emergency declared by the
4 governor pursuant to section 127A-14, the governor may exercise
5 the following additional powers pertaining to emergency
6 management
during
the
emergency period:
7 (1)
Provide
for
and require the quarantine or segregation
8 of persons who are affected with or believed to have
9 been exposed to any infectious, communicable, or other
10 disease that is, in the governor's opinion, dangerous
11 to the public health and safety, or persons who are
12 the source of other contamination, in any case where,
13 in the governor's opinion, the existing laws are not
14 adequate to assure the public health and safety;
15 provide for the care and treatment of the persons;
16 supplement the provisions of sections 325-32 to 325-38
17 concerning compulsory immunization programs; provide
18 for the isolation or closing of property which is a
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Page 2
.B. NO.
1 source of contamination or is in a dangerous condition
2 in any case where, in the governor's opinion, the
3 existing laws are
not adequate to
assure the public
4 health and safety,
and designate
as public nuisances
5 acts, practices, conduct, or conditions that are
6 dangerous to the public health or safety or to
7 property; authorize
that
public
nuisances
be summarily
8 abated and, if need
be,
that the
property
be
9 destroyed, by any police officer or authorized person,
10 or provide for the cleansing or repair of property,
11 and if the cleansing or repair is to be at the expense
12 of the owner, the procedure therefor shall follow as
13 nearly as may be the provisions of section 322-2,
14 which shall be applicable; and further, authorize
15 without the permission of the owners or occupants,
16 entry on private premises for any such purposes;
17 (2) Relieve hardships and inequities, or obstructions to
18 the public health, safety, or welfare, found by the
19 governor to exist in the laws and to result from the
20 operation of federal programs or measures taken under
21 this chapter, by suspending the laws, in whole or in
22 part, or by alleviating the provisions of laws on such
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.B. NO.
1 terms and conditions as the governor may impose,
2 including licensing laws, quarantine laws, and laws
3 relating to labels, grades, and standards;
4 (3) Suspend{:]
5 (A) [an-y]Any law that impedes or tends to impede or be
6 detrimental to the expeditious and efficient
7 execution of, or to conflict with, emergency
8 functions, including laws which by this chapter
9 specifically are made applicable to emergency
10 personnel;
11 [+4+](B) [Suspenel ----,]The provisions of any regulatory law
12 prescribing the procedures for out-of-state
13 utilities to conduct business in the State
14 including any licensing laws applicable to out -
15 of -state utilities or their respective employees,
16 as well as any order, rule, or regulation of any
17 state agency, if strict compliance with the
18 provisions of any such law, order, rule, or
19 regulation would in any way prevent, hinder, or
20 delay necessary action of a state utility in
21 coping with the emergency or disaster with
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.B. NO.
assistance that may be provided under a mutual
assistance agreement; and
(C) The mortgage foreclosure provisions of chapter
667 up to thirty-six months on any property with
substantial damage resulting from a disaster
under a state of emergency proclaimed by the
governor pursuant to section 127A-14.
[-(-5+] (4 ) In the event of disaster or emergency beyond local
control, or an event which, in the opinion of the
governor, is such as to make 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+](5) Shut off water mains, gas mains, electric power
connections, or suspend other services, and, to the
extent permitted by or under federal law, suspend
electronic media transmission;
[-(-7+](6) Direct and control the mandatory evacuation of the
civilian population;
[x-8-](7) Exercise additional emergency functions to the extent
necessary to prevent hoarding, waste, or destruction
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Page 5
.B. NO.
1 of materials, supplies, commodities, accommodations,
2 facilities, and services, to effectuate equitable
3 distribution thereof, or to establish priorities
4 therein as the public welfare may require; to
5 investigate; and notwithstanding any other law to the
6 contrary, to regulate or prohibit, by means of
7 licensing, rationing, or otherwise, the storage,
8 transportation, use, possession, maintenance,
9 furnishing, sale, or distribution thereof, and any
10 business or any transaction related thereto;
11 [+9+](8) Suspend section 8-1, relating to state holidays,
12 except the last paragraph relating to holidays
13 declared by the president, which shall remain
14 unaffected, and in the event of the suspension, the
15 governor may establish state holidays by proclamation;
16 [(18)1(9) Adjust the hours for voting to take into consideration
17 the working hours of the voters during the emergency
18 period, and suspend those provisions of section 11-131
19 that fix the hours for voting, and fix other hours by
20 stating the same in the election proclamation or
21 notice, as the case may be;
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.B. NO.
1 E (14) 1 (10) Assure the continuity of service by critical
2 infrastructure facilities, both publicly and privately
3 owned, by regulating
or, if
necessary to
the
4 continuation of the
service
thereof, by
taking over
5 and operating the same; and
6 [(1:2)](11)Except as provided in section 134-7.2, whenever in the
7 governor's opinion, the laws of the State do not
8 adequately provide for the common defense, public
9 health, safety, and welfare, investigate, regulate, or
10 prohibit the storage, transportation, use, possession,
11 maintenance, furnishing, sale, or distribution of, as
12 well as any transaction related to, explosives,
13 firearms, and ammunition, inflammable materials and
14 other objects, implements, substances, businesses, or
15 services of a hazardous or dangerous character, or
16 particularly capable of misuse, or obstructive of or
17 tending to obstruct law enforcement, emergency
18 management, or military operations, including
19 intoxicating liquor and the liquor business; and
20 authorize the seizure and forfeiture of any such
21 objects, implements, or substances unlawfully
22 possessed, as provided in this chapter."
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Page 7
.B. NO.
1 SECTION 2. Statutory material to be repealed is bracketed
2 and stricken. New statutory material is underscored.
3 SECTION 3. This Act shall take effect upon its approval.
4
5 INTRODUCED BY:
6
7
BY REQUEST
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Page 8
.B. NO.
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The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
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