by Malia Zimmerman, Watchdog.org, April 14, 2014

HONOLULU — Hawaii’s governor and four county mayors may be granted unprecedented emergency powers during a crisis, such as a natural disaster or terrorist attack.

The bill, HB 849, is designed to bring Hawaii’s emergency management plan to federal standards. It renames the state civil defense agency the “Hawaii Emergency Management Agency” and houses it under the state Department of Defense.

The bill also adds to government bureaucracy, creating a state emergency management director position and a council on emergency management to advise the governor. Mayors will be granted the same power as the governor in declaring an “emergency period.”

Some language in the bill worries Senate Minority Leader Sam Slom, who is troubled about how it would affect privacy and property rights of Hawaii residents.

“My main concern is the bill gives expanded powers to the governor and mayors without checks and balances or oversight,” the Republican said. “The definition of emergency powers and where they come into play is vague and overly broad.”

In one section of the bill, the governor and the mayors of Kauai; Maui; Hawaii; and the city and county of Honolulu, encompassing Oahu, are authorized to use all services, materials and facilities owned by partnerships, corporations and small businesses, including media outlets and technology companies.

In another, the governor and mayors have the power to prevent “hoarding, waste, and destruction of supplies, materials, commodities, accommodations, facilities and services for equitable distribution.”

The governor also can assume operation of privately owned “critical infrastructure.”

“If the government declares you are in possession of harmful materials or are hoarding, or creating a dangerous situation, they could probably take whatever they want, including firearms, just like the government did in New Orleans after Hurricane Katrina hit in 2005,” Slom said.

William Anonsen, who sits on the Civil Defense Advisory Council, believes the pending legislation updates Hawaii’s 60-year-old emergency management law, developed after World War II to address threats of nuclear attack threats and civil unrest.

State Adjutant General Darryll Wong, who serves as the director of state civil defense, supports the legislation.

But Edward Teixeira, who served as former vice director of civil defense from October 1999 until October 2011, cautioned lawmakers about the current draft, calling the legislation a “rushed and desperate attempt to reform the state civil defense system.”

“The proposed bill falls short of making a real change to the state civil defense system, a change that requires a bold and justified transition from the federal civil defense laws of the 1950s to the 21st century and beyond,” Teixeira said.

Teixeira’s main concern isn’t so much about unprecedented powers, but more about how emergency management would be structured.

“We will continue to retain the state emergency management agency under the Department of Defense and the state adjutant general or Hawaii National Guard. This is an outmoded Cold War concept. The Hawaii state Legislature should take the initiative many other state legislative bodies have taken long ago by placing their emergency management agencies directly under their respective governors,” Teixeria said.

The bill passed both houses and is in conference committee. If the committee approves, both houses will need to approve a final draft by the end of the session May 1. Gov. Neil Abercrombie supports the bill.

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Comments

by Malia Zimmerman, Watchdog.org, April 14, 2014

HONOLULU — Hawaii’s governor and four county mayors may be granted unprecedented emergency powers during a crisis, such as a natural disaster or terrorist attack.

The bill, HB 849, is designed to bring Hawaii’s emergency management plan to federal standards. It renames the state civil defense agency the “Hawaii Emergency Management Agency” and houses it under the state Department of Defense.

The bill also adds to government bureaucracy, creating a state emergency management director position and a council on emergency management to advise the governor. Mayors will be granted the same power as the governor in declaring an “emergency period.”

Some language in the bill worries Senate Minority Leader Sam Slom, who is troubled about how it would affect privacy and property rights of Hawaii residents.

“My main concern is the bill gives expanded powers to the governor and mayors without checks and balances or oversight,” the Republican said. “The definition of emergency powers and where they come into play is vague and overly broad.”

In one section of the bill, the governor and the mayors of Kauai; Maui; Hawaii; and the city and county of Honolulu, encompassing Oahu, are authorized to use all services, materials and facilities owned by partnerships, corporations and small businesses, including media outlets and technology companies.

In another, the governor and mayors have the power to prevent “hoarding, waste, and destruction of supplies, materials, commodities, accommodations, facilities and services for equitable distribution.”

The governor also can assume operation of privately owned “critical infrastructure.”

“If the government declares you are in possession of harmful materials or are hoarding, or creating a dangerous situation, they could probably take whatever they want, including firearms, just like the government did in New Orleans after Hurricane Katrina hit in 2005,” Slom said.

William Anonsen, who sits on the Civil Defense Advisory Council, believes the pending legislation updates Hawaii’s 60-year-old emergency management law, developed after World War II to address threats of nuclear attack threats and civil unrest.

State Adjutant General Darryll Wong, who serves as the director of state civil defense, supports the legislation.

But Edward Teixeira, who served as former vice director of civil defense from October 1999 until October 2011, cautioned lawmakers about the current draft, calling the legislation a “rushed and desperate attempt to reform the state civil defense system.”

“The proposed bill falls short of making a real change to the state civil defense system, a change that requires a bold and justified transition from the federal civil defense laws of the 1950s to the 21st century and beyond,” Teixeira said.

Teixeira’s main concern isn’t so much about unprecedented powers, but more about how emergency management would be structured.

“We will continue to retain the state emergency management agency under the Department of Defense and the state adjutant general or Hawaii National Guard. This is an outmoded Cold War concept. The Hawaii state Legislature should take the initiative many other state legislative bodies have taken long ago by placing their emergency management agencies directly under their respective governors,” Teixeria said.

The bill passed both houses and is in conference committee. If the committee approves, both houses will need to approve a final draft by the end of the session May 1. Gov. Neil Abercrombie supports the bill.

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oh crap
that bites

So people who are prepared for a disaster have to give up their supplies to those that didn't? I guess the Ebay owner has to grant the government access to his secret warehouse.

MuddaBitch

Timing is everything. They must know something is coming down the pipe to be rushing through something this ugly.

Time to go bury your caches...

LOL. Leave it to Democrats to push laws that violate the 4th Amendment.

Let's re-write it with the existing precedent....


    The  governor and mayors  of Hawaii backed down and ended their siege against Hawaii residents  less than 24 hours after an Infowars exposé connected  the bill to  expand powers to the governor and mayors without checks and balances to all services, materials and facilities owned by partnerships, corporations and small businesses, including media outlets and technology companies  as well as assume operation of privately owned “critical infrastructure went viral, becoming the biggest news story on the Internet..

    According to LA Times, what motivated the governor and mayors to withdraw was the armed response of civilians, which could possibly lead to to employee and civilian endangerment.

ΜΟΛΩΝ ΛΑΒΕ.
 

Wasn't there a law passed during the Lingle admin that specifically banned the confiscation of firearms during a period of declared emergency?

Wasn't there a law passed during the Lingle admin that specifically banned the confiscation of firearms during a period of declared emergency?

We have US and Hawaii State Constitutions, too.  We should never have to fight for our Constitutional rights, but the fight never ends.

The imposing of Martial Law has been a long time prediction that many have made regarding Zero's regime and gun confiscation.....ANY excuse will do and with these kinds of legislative actions in place it would be all too easy....Gun Control the way the Liberals envision it and by the stroke of a pen after making a phone call.....

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Wasn't there a law passed during the Lingle admin that specifically banned the confiscation of firearms during a period of declared emergency?

yes it was

but this is not only firearms
it basically says if "they" think you should share, "they" will make you
it's just like "mr sun cho lee", but statewide
 

In one section of the bill, the governor and the mayors of Kauai; Maui; Hawaii; and the city and county of Honolulu, encompassing Oahu, are authorized to use all services, materials and facilities owned by partnerships, corporations and small businesses, including media outlets and technology companies.

In another, the governor and mayors have the power to prevent “hoarding, waste, and destruction of supplies, materials, commodities, accommodations, facilities and services for equitable distribution.”

The governor also can assume operation of privately owned “critical infrastructure.”

good luck preppers, the government is gonna take what is yours and distribute it to itself.  Just one more reason why prepping in Hawaii is a waste of time! 

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Maybe these idiot Democrats should pay back all the money for the hurricane fund they wasted on Socialism first.

Maybe these idiot Democrats should pay back all the money for the hurricane fund they wasted on Socialism first.

The history of this bill shows that it has not received a single "no" vote in any committee. All the (few) Republican committee members, including Senator Slom, have voted "aye" at each committee hearing. Unanimous support from our public servants.

"(11)  Except as provided in section 134-7.2, whenever in the governor's opinion the laws of the State do not adequately provide for the common defense, public health, safety, and welfare, the governor may investigate, regulate, or prohibit the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution of, as well as any transaction related to, explosives, firearms, and ammunition, inflammable materials and other objects, implements, substances, businesses, or services of a hazardous or dangerous character, or particularly capable of misuse, or obstructive of or tending to obstruct law enforcement, emergency management, or military operations, including intoxicating liquor and the liquor business; and authorize the seizure and forfeiture of any such objects, implements, or substances unlawfully possessed, as provided in this chapter."

And there are probably at least 20 other similar paragraphs in the proposed law that essentially say the governor and/or mayors may declare whatever in their opinion is an "emergency" and institute whatever draconian unconstitutional regulations they'd like. Not a single naysayer in the entire legislature, so far. Aren't we lucky!? 

They're pushing this on purpose, testing the waters.

Tuesday, April 22, 2014
   HB849 Will Compromise Civil Liberties
By News Release @ 11:03 PM :: 61 Views :: First Amendment, Law Enforcement, Military, Second Amendment    

Bill Will Compromise Civil Liberties

by Lisa Davidson, Senate Minority Blog, April 21, 2014

What will happen to our rights if a State of Emergency is declared?

What will happen to our rights if a State of Emergency is declared?

Despite a long list of good intentions and numerous supporters, House Bill 849 is a dangerous bill. Darryl Oliveira, Director of the County of Hawaii’s Civil Defense Agency, presented testimony in support, arguing that the bill will provide more power to the counties and clarify the powers of the Governor and Mayors, “simplify the law by placing all emergency management authorities in one chapter of the HRS, and establish the Emergency Specialist Reserve Corps (ESRC), “a low-cost surge staff to assist state and local government during emergencies … recruited from community members … fully trained and ready to respond during a disaster.”

The Chair of Maui’s County Council, Gladys C. Baisa, added her support, mentioning that “During a time of crisis, no other level of government has better access to critical real-time information than the county … The proposed measure will provide the mayors specific, important powers.” Also, “Civil Defense” is updated to the more contemporary “Emergency Management.” (“Out of the 54 states and territories, only Hawaii uses ‘civil defense…’”) William F. Anonsen, Chair of the Civil Defense Advisory Council, pointed out that the new bill updates HRS 127 (Disaster Relief) and HRS 128 (Disaster Emergency Act), which are actually over 60 years old … “written primarily to deal with Post World War II-Cold War nuclear attack threats and civil unrest.” Also, Hawaii’s population then was less than half of what it is today. Anonsen added, “Emergency Management is a top priority for the State of Hawaii, given our isolation and vulnerability to a myriad of potential threats both natural and man-made.”

The dangers inherent in the bill are the overly broad definitions of emergency powers. Elaine Dunbar of Lihue defined these as “sweeping powers … if it becomes law it can present seriously harmful repercussions with no recourse to undo in the likely event it is abused.” Her father was a JAG Officer with the Pentagon, her mother a WAVE and Executive Secretary for a U.S. Congressman, and her brother a former Navy SEAL. She remarked that “They did not serve the U.S. government to live to see these types of acts with the potential for so much harm and annihilation of their children’s rights nor those of any others’ children.” She added, “I sincerely believe there are far too many dangerous sections in the bill that need to have closer scrutiny. It is a long draft and maybe there has not been enough time for legislators to give it the attention it requires.” She commented also that the “Preliminary or interlocutory injunctions and temporary restraining orders” should read “Injunctive relief.” Her closing quote: “There are sections in this that have nothing to do with emergencies or national disasters and are simply power grabs. Legislation this broad needs more time. Please defer.”

Edward T. Teixeira, the former vice director of civil defense, strongly opposes the bill, calling it a “rushed and desperate attempt to reform the state civil defense system by a name change … There are other parts of the proposed bill that address many other critical functions and responsibilities, which should be studied carefully. Passing this bill out of your committee without a thorough review by your committees will be a disservice to the people of the State.”

Specifically, civil liberties may not be observed if an emergency is declared; compulsory immunizations and quarantines can be required; personal property can be “redistributed;” electronic media transmissions can be suspended; even county laws can be suspended. If someone is accused of “hoarding,” all emergency supplies may be taken by the government. The governor can declare any person, place, or situation a “public nuisance,” authorizing entry to private property without the owner’s permission. Any members of the military or National Guard who are called to assist civil authorities “engaged in emergency functions” can’t be held responsible, criminally or civilly for damage caused “in pursuance of duty …” The public right to gather may be restricted. Forced evacuations are permitted. “The governor or mayor shall be the sole judge” of any danger that would constitute a state of emergency. And during a state of emergency, the governor or mayor can take over any private property they choose to requisition; if the owner is unwilling to accept the compensation value offered, that person will be penalized by a 25% reduction in the compensation amount. If any person violates any emergency rule, they will be fined not more than $5,000, imprisoned for not more than one year, or both.

Then there is an extensive section defining theft and property crimes. Theoretically a hungry person who picks a mango from someone else’s tree can be accused of criminal property damage in the first degree. This section seems to favor the wealthy and persons with extensive property.

Hawaii residents can only hope that some of these issues will be edited and clarified in conference committee, as the resulting chaos could be catastrophic.

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