HB2449

SECTION 1. The purpose of this Act is to amend the emergency management powers of the governor and mayors under chapter 127A, Hawaii Revised Statutes, to restore constitutional balance, establish legislative oversight, and create a foundation of rights that shall not be suspended during an emergency.

SECTION 2. Chapter 127A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§127A- Emergency proclamations; non-suspendable rights. No emergency proclamation under this chapter shall suspend or impair:

(1) Due process rights, including access to courts and hearings;

(2) Any provision of chapter 92;

(3) Any judicial timeline;

(4) The right of any person to petition the government;

(5) Property rights requiring a warrant or compensation;

(6) Native Hawaiian rights that are protected by law; or

(7) Any laws regarding environmental protection.

§127A- Emergency powers oversight committee; established. (a) There is established within the agency the emergency powers oversight committee.

(b) The committee shall comprise:

(1) Two members appointed by the president of the senate;

(2) Two members appointed by the speaker of the house of representatives; and

(3) One member selected by a majority of the members appointed pursuant to paragraphs (1) and (2).

(1) Solicit public testimony regarding any emergency;

(2) Subpoena evidence from any department regarding any emergency declaration; and

(3) Issue recommendations regarding the termination or modification of any emergency proclamation.

(d) Each member shall be appointed for a four-year term; provided that each member shall hold office until reappointed by the member's respective appointing authority at the end of the member's term or until the member's successor is appointed. Vacancies shall be filled in the same manner. The committee shall elect a chairperson from among its members. A majority of all members to which the committee is entitled shall constitute a quorum to do business.

(e) The members of the committee shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(f) The committee may adopt rules under chapter 91 as necessary to carry out the purposes of this section."

SECTION 3. Section 127A-2, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Committee" means the emergency powers oversight committee established under section 127A- ."

2. By amending the definition of "emergency" to read:

""Emergency" means [any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment.] a sudden, unforeseeable, and immediate threat to life, health, or safety that requires temporary executive action and cannot be adequately addressed through ordinary legislative or administrative processes. Ongoing, foreseeable, administrative, or chronic conditions shall not constitute an emergency."

SECTION 4. Section 127A-14, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) A state of emergency [~~and a~~] or local state of emergency shall terminate automatically [~~sixty~~] thirty days after the issuance of a proclamation of a state of emergency or local state of emergency, respectively, unless extended for up to an additional thirty days or terminated by a separate or supplementary proclamation of the governor or mayor. No state of emergency or local state of emergency shall have a total duration of longer than sixty days unless approved by a concurrent resolution of the legislature."

SECTION 5. Section 127A-15, Hawaii Revised Statutes, is amended to read as follows:

"[[]§127A-15[]] Proclamations, how made; service of papers. (a) Every proclamation of the governor or mayor for which provision is made by this chapter, shall be promulgated by posting on the applicable state or county emergency management agency website and by means calculated to bring its contents to the attention of the general public, including by official announcement by means of television or radio broadcast, or both, or by Internet, or such other means as may be available. The proclamation shall remain posted on the agency website until the state of emergency terminates automatically or by subsequent proclamation.

(b) The suspension of any statute under this chapter shall be narrowly tailored; provided that any proclamation that suspends any statute shall:

(1) Specify the statute that is suspended;

(2) Set forth the factual basis for why the threat is an emergency; and

(3) Provide an explanation as to why allowing the statute to remain in effect would prevent or substantially hinder the state or county emergency response.

[~~(b)~~] (c) Any process, notice, or order, service of which is provided for by this chapter, may be served by any law enforcement officer or person authorized by the governor or mayor, any other provision of law to the contrary notwithstanding."

SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2449
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII