The COVID Project
The record
- Jurisdiction
- Hawaii
- Level
- State
- Authority
- Haw. Const. art. III; HRS §§ 321-9, 321-10, 321-11 (rulemaking)
- Issued
- 2017-08-17 Aug. 17, 2017
- Effective
- standing throughout 2020 Q2 to 2021 Q3; § 321-1 recited as the Department's independent quarantine authority in Ex. HI-019 at 5 and Ex. HI-024 at 6 (read as 2017-08-17)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Aug. 17, 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
- Schools and child careWorkplace rulesQuarantine and isolationStanding duty
- Addressees
- persons generally; every State and county officer (duty to enforce); the businesses named in § 321-11(9) (barber shops, manicure shops, beauty parlors, restaurants, soda fountains, hotels, rooming and boarding houses, bakeries, butcher shops, public bathhouses, hospitals, canneries and bottling works)
- Character
- statutory authority
- Collection
- Standing duties: Hawaii DUT-HI
Operative words
The department shall have authority in matters of quarantine and other health matters and may declare and enforce quarantine when none exists and modify or release quarantine when it is established.... All county health authorities, sheriffs, police officers, and all other officers and employees of the State, and every county thereof, shall enforce the rules of the department.
Penalty
misdemeanor for violation of any Department rule (§ 321-18: 'every person who violates any rule of the department, after the same has been adopted, as provided in section 321-10, shall be guilty of a misdemeanor')
What it required
The Department of Health held 'general charge, oversight, and care of the health and lives of the people of the State,' with standing authority to declare and enforce quarantine, to close or limit attendance at schools on 'imminent danger of epidemic,' and to adopt rules on sanitation of buildings and of barber shops, restaurants, hotels and similar businesses, which every State and county officer was bound to enforce and whose violation was a misdemeanor under § 321-18. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval note§ 321-1(a): 'The department of health shall have general charge, oversight, and care of the health and lives of the people of the State.' § 321-1(b): epidemiologic investigations. § 321-1(d): 'When it is determined that there is imminent danger of epidemic or serious outbreak of communicable disease, the department may refuse, modify, or limit attendance at any school in the State.' § 321-1(e): precautionary measures including 'the declaration of quarantine.' § 321-11: the Department 'may adopt rules that it deems necessary for the public health and safety respecting: (1) Nuisances... sources of filth, and causes of sickness or disease... (3) Location, air space, ventilation, sanitation, drainage, sewage disposal, and other health conditions of buildings... (9) Laundries, and the laundering, sanitation, and sterilization of articles... used by or in the following businesses and professions: barber shops, manicure shops, beauty parlors, electrology shops, restaurants, soda fountains, hotels, rooming and boarding houses, bakeries, butcher shops, public bathhouses... hospitals, and canneries and bottling works.' The § 321-18 misdemeanor is the punishment § 325-14 borrows for violations of chapter 325 and its rules.