Most of the debate on House Bill 1286, introduced by Speaker Scott Saiki, has focused on how the bill would force Kaua‘i County to abandon a policy that has produced the lowest COVID incidence in the state.
It has been demonstrated by science, data on Maui, data on Kaua‘i and CDC recommendations that the state’s one-test plan is not safe. It is, in fact, allowing the virus and its variants to enter Hawai‘i in significant numbers via infected visitors and returning residents.
There is, however, another critical aspect in the bill that could have untold consequences in the state’s emergency response to the pandemic.
HB1286 would preempt the emergency-management powers of the governor and the four mayors as to the COVID travel policy of the state. HB1286 codifies the state’s one-test travel policy into law, which then can only be changed by the state Legislature and its legislative process.
An emergency, by definition, requires quick, decisive and informed responses that cannot wait.
Emergencies also require the ability to pivot as realities quickly shift. As we have all experienced, new realities emerge unexpectedly and constantly in a global pandemic.
There is no way that a part-time Legislature, with two houses, 76 legislators and a process of committee referrals, will be able to make emergency-response decisions effectively.
Certainly, the military community, whose work is often geared to emergency response, will understand what a ludicrous decision-making process it would be to have a “76-person committee” making emergency decisions.
One wonders how major corporate leaders in Hawai‘i would feel if asked to yield their emergency decision-making authority to a legislative process.
Consider this possible scenario: HB1286 passes and all counties are bound to follow the state’s one-test plan. The Hawai‘i Legislature adjourns on April 29. By mid-May, as the number of incoming travelers to Maui approaches pre-COVID levels, the vaccine-resistant and more contagious B.1.351 South Africa variant, recently found on O‘ahu, takes hold on Maui. It starts to spread, even though Maui has vaccinated 50% of its population by then. Maui’s COVID numbers do not go down, but persist because visitors and returning residents keep bringing the virus in. Inter-island spread grows. Maui Memorial’s hospital beds start filling up. Public-health experts recommend a host of changes to the state’s one-test plan, but without the Legislature in session, no change is possible.
Will the Legislature call an emergency session to amend the law? Will it hold hearings while people are dying and the variant starts spreading to the other counties?
The emergency-response power must be an executive power because the nature of an emergency response demands quick, decisive action — and the ability to pivot rapidly as the circumstances change. By vote of the people, the governor and the mayors have been vested with the executive power; the power should remain in their hands.
If you agree, write members of the state Senate, and ask them to vote against HB1286, which is pending before them. You can reach all of them with one email sent to sens@capitol.hawaii.gov.
HB1286 is an ill-conceived effort to substitute the Legislature’s judgment for decisions that are rightly and better made by the governor and the mayors. In designating the Legislature to make key emergency-management decisions, HB1286 is proposing a thoroughly-unworkable, decision-making framework. It should be killed.
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JoAnn A. Yukimura is a former Kaua‘i mayor and councilmember. James Raymond is a retired state Deputy Attorney General. Chad K. Taniguchi was born and raised in Waimea and is an advocate for safe streets and communities. For more information, contact Yukimura at yukimura@kauaicdg@gmail.com.
The group mailing address was given incorrectly as sens@capitol.hawaii.com. IT IS .gov NOT .COM.
The link in the article didn’t go through for me. I tried
sens@capitol.hawaii.gov and it seemed to work.
Here’s the thing about letting Kauai’s mayor make executive decisions. We can see he isn’t qualified and doesn’t quite understand the impact that his decisions to have kauai be one of the most closed off places in the world. It gave small business, hotels, and the private business sector that depends on tourism whether it be inter-island or trans-pacific. Opting out multiple times absolutely destroyed many businesses and the hope of a lot of residents. There’s a vocal minority all either independently wealthy or getting paid by the government, Unemployment, etc who are more than happy to keep this charade going on as long as possible. So kawakami, abused his power, went ahead with dumb bubble resorts wasted money to help fund that by partnering with those resorts. He lacks transparency.
Fully Agree with this.
The only 2 reasons the Legislature could want to have this power vis a vis Covid decisions and travel:
– Major Ego
– Major Involvement and Lobbying by the Travel and Tourism Sector.
It will continue to be a dynamic situation that demands responsiveness – the slow moving, and ‘susceptible to special interests’ Legislature should be a step away from Covid decisions.
Saki needs to GO! He keeps introducing lame ass bills.
From my understanding of this bill. You can either take the vaccine at your own discretion when they deemed it applicable. But if you die, this is all on you. You’re loved ones will then have to bury you. Or you can follow a doctor’s plan, and not take it. Wait until it is advisable to take a vaccine. Then feel more secure or safe because you had an expert opinion done. Only two options to choose from. If you don’t know any doctor, that is where bill 1286 comes in. Federal funded to pump more money into vaccines, and let’s get this show on the road and vaccinate as many as we can. Where do you stand on the issue? Right in the middle.