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Hawaii governor and mayors gain authority to declare states of emergency

January 24, 2024 | 2024 Introduced Bills, Senate, 2024 Bills, Hawaii Legislation Bills, Hawaii



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Hawaii governor and mayors gain authority to declare states of emergency
On January 24, 2024, the Hawaii Senate introduced Bill SB2681, aimed at amending existing emergency management statutes to enhance the state's response capabilities during disasters. The bill seeks to clarify the powers of the governor and mayors in declaring states of emergency, as well as to streamline the processes for terminating such declarations.

Key provisions of SB2681 include amendments to Section 127A-14 of the Hawaii Revised Statutes, which outlines the authority of the governor and mayors to declare emergencies. The bill stipulates that a state of emergency will automatically terminate sixty days after proclamation unless extended or terminated by a separate proclamation. Notably, it allows the legislature and county councils to terminate emergency declarations with a two-thirds majority vote, providing a check on executive power.

The bill also revises the duration of prohibitions related to emergency measures, reducing the time frame from ninety-six hours to seventy-two hours after the effective date of a declaration, unless specified otherwise by the governor or mayor. This change aims to ensure that emergency measures are not prolonged unnecessarily, promoting a balance between public safety and civil liberties.

Debate surrounding SB2681 has focused on the balance of power between state and local authorities, with some lawmakers expressing concerns about the potential for overreach during emergencies. Supporters argue that the bill enhances accountability and responsiveness in disaster situations, while critics caution against the risks of hastily lifting emergency measures that may still be necessary.

The implications of SB2681 are significant, as Hawaii frequently faces natural disasters such as hurricanes and volcanic eruptions. By clarifying emergency powers and establishing a more structured process for managing states of emergency, the bill aims to improve the state's preparedness and response capabilities. Experts suggest that if passed, SB2681 could lead to more effective disaster management and a clearer framework for addressing emergencies in the future.

As the legislative session progresses, SB2681 will be closely monitored for further amendments and discussions, reflecting the ongoing dialogue about governance and public safety in Hawaii.

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