Clarifying the substance of Act 111
The article by Nancy Cook Lauer, “Lava Flow Testing New Disaster Law,” published in West Hawaii Today and the Hawaii Tribune Herald on Nov. 2, misrepresents Act 111, the revised statutes relating to emergency management.
Act 111, signed into law June 20, did not, in fact, add any new emergency powers or authorities. Under the previous statute relating to emergency management (HRS 128 – the Civil Defense and Emergency Act), the governor actually had wider ranging powers than the powers and authorities in Act 111. HRS 128 also allowed the governor to delegate emergency powers to the director of Civil Defense, who, in turn, delegated them to the county mayors. Therefore, under HRS 128, the county mayors had all of the powers that are in Act 111. The difference is that the powers of the governor and mayors are clearly defined in Act 111. One of the reasons for writing and passing Act 111 was to prevent confusion over which officials had which powers.
Ms. Cook Lauer’s claims that Act 111 makes it more difficult for a member of the public to challenge a proclamation, order, rule or regulation made for the protection of the public is another misrepresentation of Act 111 text. The procedures outlined for “Preliminary or interlocutory injunctions and temporary restraining orders” were carried over from the Civil Defense and Emergency Act and allow for a fair hearing of complaints by three Circuit Court judges. The procedure outlined in Act 111 also allows for a temporary stay or suspension if the judge believes the emergency proclamation, order, rule or regulation would cause “immediate irreparable damage” to the petitioner.
Act 111 represents a step forward for emergency management in Hawaii. I encourage those interested to view the complete text of the law at capitol.hawaii.gov/session2014/bills/HB849_CD1_.pdf. Text of the Civil Defense and Emergency Act (HRS 128) can be found at capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D.
Doug Mayne
Administrator of Hawaii Emergency Management
Honolulu