HOUSE OF REPRESENTATIVES	H.B. NO.	1197
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EMERGENCY RULES.

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

SECTION 1. The legislature finds that the coronavirus disease 2019 (COVID-19) pandemic has created great challenges to global health, economy, and way of life. The governor and county mayors have had to exercise their emergency powers under chapter 127A, Hawaii Revised Statutes, to impose rules aimed to control the spread of COVID-19. The enforcement of these rules is critical to efforts to limit the spread of COVID-19, protect the health and safety of the community, manage medical resources, and restart the economy. To allow for more meaningful and effective enforcement of emergency orders, the governor and mayors need flexibility to promulgate a range of lesser penalties for emergency rules.

Accordingly, the purposes of this measure are to:

(1) Allow for lesser emergency period penalties to be adopted and promulgated by the governor or a mayor; and

(2) Authorize the county prosecutors to exercise discretion with the offense charged and the penalty sought for certain first-time violations of COVID-19 emergency orders incurred since March 4, 2019.

SECTION 2. Section 127A-29, Hawaii Revised Statutes, is amended to read as follows:

"[[]§127A-29[] Misdemeanors.] Emergency period infractions, violations, petty misdemeanors, and misdemeanors. (a) Any person violating any rule of the governor or mayor prescribed and promulgated pursuant to this chapter and having the force and effect of law[,] shall, if it shall be so stated and designated in the rule, be guilty of [a] an infraction, violation, petty misdemeanor, or misdemeanor. [Upon] If a penalty is not stated and designated in the rule, the person shall be guilty of a misdemeanor and upon conviction, the person shall be fined not more than $5,000, [or] imprisoned not more than one year, or both.

(b) [Any] Notwithstanding subsection (a), any person who intentionally, knowingly, or recklessly destroys, damages, or loses any shelter, protective device, or warning or signal device, shall if the same was installed or constructed by the United States, the State, or a county, or is the property of the United States, the State, or a county, be fined the cost of replacement, or imprisoned not more than one year, or both. The governor or mayor, may, by rule, make further provisions for the protection from misuse of shelters, protective devices, or warning and signal devices."

SECTION 3. For any misdemeanor incurred since March 4, 2019, through the promulgation of a superseding emergency order regarding the violation of any rule prescribed and promulgated by the governor or mayor pursuant to chapter 127A, Hawaii Revised Statutes, and having the force and effect of law that requires the person to:

(1) Wear a mask or face covering;

(2) Socially distance from others;

(3) Abstain from gathering;

(4) Follow shelter-in-place or stay-at-home orders or adhere to a curfew; or

(5) Refrain from entering or remaining in designated public places or facilities such as parks and beaches,

the county prosecutor, at the prosecutor's discretion, may charge and prosecute the misdemeanor as a lesser offense including an infraction; provided that the offense is the first occurrence of noncompliance with any rule prescribed and promulgated by the governor or mayor pursuant to chapter 127A.

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

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Emergency Period Infractions; Violations; Petty Misdemeanors; Misdemeanors

Description:

Allows for lesser emergency period penalties to be adopted and promulgated by the governor or a mayor. Authorizes the county prosecutors to exercise discretion with the offense charged and the penalty sought for certain first-time violations of COVID-19 emergency orders incurred since March 4, 2019.

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