SUPPORT HB596 HD1: Stop the abuse of emergency powers
/April 4 update:
HB596 HD1, which addresses concerns about the abuse of emergency powers, by establishing clear, common-sense definitions of what should constitute a “disaster” or “emergency” justifying an emergency proclamation, was passed by the Ways and Means Committee and now heads to Conference Committee. Mahalo nui to the over 29 individuals and organizations who submitted testimony in support and special thanks to Chair Dela Cruz and Vice Chair Moriwaki for passing this measure.
Remember when Governor Green declared a “Housing Emergency” and used his emergency powers to unilaterally suspend and/or rewrite laws protecting our environmental and cultural integrity, public transparency, fiscal accountability, and due process, among others— without even any affordability or meaningful residency requirements for housing built under its provisions?
As illustrated by the Governor’s proclamation, the Governor’s emergency powers may be ripe for abuse through the use of long-standing, highly nuanced, and complex social problems - such as housing, or criminal activity - to declare an “emergency” or “disaster,” and thereby repeal or rewrite critical laws enacted through the legislative process.
The unchecked use of emergency powers can easily undermine our system of government, by allowing special interests to persuade the Governor - any Governor - to override our constitutional system of checks and balances for their own benefit, at the expense of the public interest and our democracy itself.
Thankfully, still alive this session is a measure to address these concerns, by establishing clear, common-sense definitions of what should constitute a “disaster” or “emergency” justifying an emergency proclamation. HB596 HD1 has now been scheduled for its final committee hearing in the Senate Ways and Mean Committee on Friday, April 4 at 10:46am in room 211 (watch online here). Note: no verbal testimony will be accepted on Friday so your written testimony will be key!
Sample testimony for HB596 HD1
Aloha Chair Dela Cruz, Vice Chair Moriwaki, and Members of the Ways and Means Committee,
Mahalo nui loa for hearing HB596 HD1, which ensures that the Governor - any Governor - cannot label longstanding and highly nuanced social problems as “emergencies,” to unilaterally rewrite laws duly enacted through the democratic legislative process. My name is [Your name] and I strongly support this measure.
In recent years - and weeks - we’ve seen firsthand how unchecked executive powers can jeopardize the public interest in myriad ways, as well as the public’s faith in government and the very foundation of our democracy itself. Accordingly, while “emergency” executive authorities can be essential in the event of sudden and unexpected crises, they must not be used to override our constitutional system of checks and balances, based on longstanding problems rooted in nuanced public policies and complex socioeconomic factors.
HB596 HD1 draws a clear line between what should qualify as a true emergency or disaster justifying emergency executive action, and what should be addressed through our democratic lawmaking processes that include public and subject matter expert input, and robust discussion between our elected representatives.
I believe this bill will help strengthen trust in government by ensuring emergency powers aren’t used in situations that don’t meet the high standards that should be required to override our democratic legislative processes. It honors both the need for quick action in real emergencies, and the value of transparency, community engagement, and legislative oversight for longer-term public policy challenges.
Please pass this bill and help ensure that the executive branch uses its emergency powers responsibly and in ways that protect both our safety and our rights.
Accordingly, I urge the Committee to PASS HB596 HD1. Thank you very much for your consideration of this testimony.
Sincerely,
[Your Name]
Testimony instructions
Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter "HB596 HD1" where it says "Enter Bill or Measure."
Input your information and your written testimony (no verbal testimony will be accepted)