{"id":"DUT-HI-001","kind":"duty","level":"state","jurisdiction":"Hawaii","state":"HI","metro":"","industry":"","agency":"","eco":"","issuer":"Legislature of the State of Hawaii (codified as Hawaii Revised Statutes chapter 127A, Emergency Management, Act 111, Session Laws of Hawaii 2014)","authority":"Haw. Const. art. III; HRS § 127A-1 (policy and purpose: \u0027to provide for and confer comprehensive powers\u0027; \u0027This chapter shall be liberally construed to effectuate its purposes\u0027)","instrument":"Hawaii Revised Statutes chapter 127A (Emergency Management), in particular §§ 127A-9, 127A-12(b)(14), 127A-13(a)(1), 127A-25 and 127A-29","title":"Emergency Management","dateIssued":"2017-08-14","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)","end":"standing","startDate":"2020-03-23","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMER","QUAR","GATH","CLOSE"],"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)"],"clause":"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.","enforcement":"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))","functions":[],"notes":"Every person in Hawaii was bound, on pain of a misdemeanor conviction, a $5,000 fine and a year\u0027s 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.","sourceUrl":"https://data.capitol.hawaii.gov/sessions/session2017/HRS-Chapter-PDF\u0027s/HRS_0127A.pdf","snapshot":"","fileExists":true,"fileBytes":70744,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-HI","url":"/library/DUT-HI-001","exhibitUrl":"/exhibit/DUT-HI-001","citation":"Legislature of the State of Hawaii (codified as Hawaii Revised Statutes chapter 127A, Emergency Management, Act 111, Session Laws of Hawaii 2014), Hawaii Revised Statutes chapter 127A (Emergency Management), in particular §§ 127A-9, 127A-12(b)(14), 127A-13(a)(1), 127A-25 and 127A-29 (standing) (Ex. DUT-HI-001)","stateName":"Hawaii","related":["HI-004","HI-029","DUT-HI-016","HI-007","HI-026","DUT-HI-004"]}