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Ex. DUT-HI-001 Standing duty Primary source read

Hawaii Revised Statutes chapter 127A (Emergency Management), in particular §§ 127A-9, 127A-12(b)(14), 127A-13(a)(1), 127A-25 and 127A-29

Emergency Management

Legislature of the State of Hawaii (codified as Hawaii Revised Statutes chapter 127A, Emergency Management, Act 111, Session Laws of Hawaii 2014) · Hawaii (State)

The COVID Project

The record

Jurisdiction
Hawaii
Level
State
Authority
Haw. Const. art. III; HRS § 127A-1 (policy and purpose: 'to provide for and confer comprehensive powers'; 'This chapter shall be liberally construed to effectuate its purposes')
Issued
2017-08-14 Aug. 14, 2017
Effective
standing throughout 2020 Q2 to 2021 Q3; the § 127A-29 penalty ($5,000 / one year) is recited verbatim in every COVID-19 proclamation from Mar. 23, 2020 (Ex. HI-004 at 8) to Oct. 1, 2021 (Ex. HI-029) and by the Intermediate Court of Appeals citing Supp. 2019 (Ex. DUT-HI-016 at 18) (read as 2020-03-23)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 23, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationBusiness closureGathering capQuarantine and isolationStanding duty
Addressees
  • persons generally (every person in the State); businesses and operations as the addressees of the rules; owners of property (§ 127A-13(a)(1) closing of property and abatement of nuisances)
Character
order penalty
Collection
Standing duties: Hawaii DUT-HI

Operative words

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 in the rule, be guilty of a misdemeanor. Upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.

Penalty

misdemeanor; fine not more than $5,000 or imprisonment not more than one year, or both (§ 127A-29); injunctions (§ 127A-28); summary abatement and closing of property (§ 127A-13(a)(1))

What it required

Every person in Hawaii was bound, on pain of a misdemeanor conviction, a $5,000 fine and a year's imprisonment, to obey every proclamation provision the Governor adopted as a rule with the force and effect of law under § 127A-25, which every COVID-19 proclamation did.

Retrieval note

Companion operative text in the same exhibit. § 127A-25(a): 'the governor may adopt rules for the State and the mayor may adopt rules for the county which may, if so stated in the rules, have the force and effect of law... Such rules shall not be subject to chapter 91.' § 127A-13(a)(1): in a declared emergency the governor may 'require the quarantine or segregation of persons who are affected with or believed to have been exposed to any infectious, communicable, or other disease... provide for the isolation or closing of property which is a source of contamination or is in a dangerous condition... and designate as public nuisances acts, practices, conduct, or conditions that are dangerous to the public health or safety or to property; authorize that public nuisances be summarily abated.' § 127A-12(b)(14): 'Restrict the congregation of the public in stricken or dangerous areas or under dangerous conditions.' § 127A-9(a)(5): immunity for 'persons engaged in emergency management functions pursuant to this chapter' except for 'wilful misconduct, gross negligence, or recklessness' (the basis recited in EO 20-05 and EO 21-06, Ex. HI-007 Exhibit A; Ex. HI-026). Continuity of text: the Legislature's official site (capitol.hawaii.gov) refuses automated retrieval (Cloudflare); the chapter PDF is the Legislature's own posting on data.capitol.hawaii.gov; the $5,000 / one-year penalty is recited in every 2020-2021 proclamation and by the ICA as the Supp. 2019 text, which fixes the text in force through Sept. 30, 2021. The section was amended after the period (the current FindLaw text carries a $2,000 figure and chapter 291D infractions); the amendment is post-period and immaterial to the quarters.