The COVID Project
The record
- Jurisdiction
- Hawaii
- Level
- State
- Authority
- Haw. Const. art. III; HRS § 325-13 (rules of the director of health 'shall have the force and effect of law')
- Issued
- 2017-07-13 July 13, 2017
- Effective
- standing throughout 2020 Q2 to 2021 Q3; recited as the Department's independent quarantine authority in Ex. HI-019 at 5 and 12 and Ex. HI-024 at 6 (read as 2017-07-13)
- End
- standing (read as 2021-09-30)
- In force
- Standing since July 13, 2017 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureQuarantine and isolationStanding duty
- Addressees
- persons generally (infected or exposed individuals; every person as to entry onto quarantined premises); owners and occupants of premises used for quarantine; the Department, sheriffs and police officers (duty to assist and enforce)
- Character
- statutory duty
- Collection
- Standing duties: Hawaii DUT-HI
Operative words
An individual subject to quarantine shall obey the department's rules and orders, shall not go beyond the quarantined premises, and shall not put the individual's self in contact with any individual not subject to quarantine... Violation of any of the provisions of this subsection is a misdemeanor.
Penalty
misdemeanor (§ 325-8(c), (d)); misdemeanor for violation of the chapter or any Department rule, punished as provided by § 321-18 (§ 325-14); police 'shall immediately aid and assist' and 'such force as is reasonably necessary' may be used (§ 325-9)
What it required
Every person the Department of Health placed under quarantine (defined as 'the compulsory physical separation... of individuals or groups believed to have been exposed to or known to have been infected with a contagious disease... by order of the department or a court') was bound to obey the Department's orders and to remain on the premises, and every other person was forbidden to enter, each on pain of a misdemeanor.
Retrieval note§ 325-8(a): 'Quarantine means the compulsory physical separation, including the restriction of movement or confinement of individuals or groups believed to have been exposed to or known to have been infected with a contagious disease, from individuals who are believed not to have been exposed or infected, by order of the department or a court of competent jurisdiction.' § 325-8(b): 'The department may establish and maintain places of quarantine and quarantine any individual by the least restrictive means necessary to protect the public health.' § 325-8(d): 'No individual, other than an individual authorized by the department, shall enter a quarantined premises. Any individual entering a quarantined premises without permission of the department shall be guilty of a misdemeanor.' § 325-8(e): the Department 'shall obtain a written, ex parte order from a court of this State' before quarantining an individual (the Governor's § 127A-13(a)(1) power operates 'in any case where, in the governor's opinion, the existing laws are not adequate'). § 325-9: the Department 'may take such other measures as it judges necessary for the public health and safety' and may require any sheriff or police officer 'to aid and assist it.' § 325-13(a): Department rules 'shall have the force and effect of law.' § 325-14: 'Any person violating this chapter, or any rule or regulation of the department of health relating thereto, shall be deemed guilty of a misdemeanor.' § 325-6: epidemic-control expenditures 'in whatever manner the department may deem necessary, in controlling, suppressing, or preventing the spread of any such disease.' The current codification (FindLaw, current through Jan. 1, 2025) carries the same subsections (a) through (n).