RELATING TO EMERGENCY POWERS.

HB2449

HOUSE OF REPRESENTATIVES

H.B. NO.

2449

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to emergency powers
.

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

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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.

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

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

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

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(2)
�
Any provision
of chapter 92;

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(3)
�
Any judicial
timeline;

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

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(5)
�
Property rights
requiring a warrant or compensation;

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

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(7)
�
Any laws
regarding environmental protection.

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�127A-

��
��
Emergency powers oversight committee;
established.
�
(a)
�
There
is established within the agency the emergency powers oversight committee.

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(b)
�

The committee shall comprise:

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

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

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

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(c)
�
The committee may:

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(1)
�
S
olicit
public testimony regarding any emergency;

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(2)
�
S
ubpoena
evidence from any department regarding any emergency declaration; and

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

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(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.

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(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.

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

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

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1.
�

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

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

.
"

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2.
�

By amending the definition of "emergency" to read:

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"
"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.
"

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

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"
(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.
"

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

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"
[
[
]�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.

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

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(1)
�
Specify the
statute that is suspended;

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

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(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.

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[
(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."

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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.

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

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

INTRODUCED BY:

_____________________________

Report Title:

Emergency
Management; Constitutional Limits; Oversight

Description:

Places
limits on emergency management powers of the governor and mayors.
�
Establishes the Emergency Powers Oversight Committee
to oversee emergency proclamations.
�

Provides that a state of emergency or local state of emergency
terminates automatically after 30 days, rather than 60 days.
�
Limits the total duration of a state of
emergency or local state of emergency to 60 days unless approved by a
Concurrent Resolution of the Legislature.
�

Requires any proclamation suspending a statute to be narrowly tailored
and supported by a written justification.

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