The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the House Committee on Finance on April 1, 2025.
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April 1, 2025, 2 p.m.
Hawaii State Capitol
Conference Room 308 and Videoconference
To: House Committee on Finance
Rep. Kyle T. Yamashita, Chair
Rep. Jenna Takenouchi, Vice Chair
From: Grassroot Institute of Hawaii
Ted Kefalas, Director of Strategic Campaigns
RE: TESTIMONY IN SUPPORT OF SB353 SD2 HD2 — RELATING TO EMERGENCY MANAGEMENT
Aloha Chair, Vice Chair and other members of the Committee,
The Grassroot Institute of Hawaii would like to offer its strong support for SB353 SD2 HD2, which would amend the state’s emergency management statute to prohibit the suspension of access to public records or vital statistics during states of emergency.
The bill would also require justification for the suspension of laws, limit the length of such suspensions to the times necessary to fulfill the emergency functions, and allow the Legislature and county councils to terminate declared states of emergency, in whole or in part, by an affirmative two-thirds vote.
These are all excellent ways to preserve the intent of the emergency statute while simultaneously protecting the public interest and ensuring that the emergency powers do not become a tool for unchecked executive power.
Regarding the suspension of public records or vital statistics during an emergency, Gov. David Ige at the outset of the COVID-19 lockdowns suspended Hawaii’s open-records and sunshine laws — an extreme response not taken by any other state governor.
Not only did his action raise questions about the health rationale for the suspension, it also undermined public trust in the workings of government at a time when trust was needed most. This bill would address that error by ensuring that government transparency is maintained even during states of emergency.
As a practical matter, there really is no reason for any concern anyway that open-records requests could hinder government operations during an emergency. Hawaii’s open-records statute already provides flexibility to agencies that require additional time to respond, and this bill would reinforce that provision by expressly giving agencies permission to delay a response under extenuating circumstances while at the same time prohibiting agencies from rejecting requests due to an emergency.
The addition of reasonable limitations on the ability to suspend laws also would help protect Hawaii’s constitutional balance of powers. The governor and mayors need leeway to handle emergencies as needed, but they should not have carte blanche to suspend laws indefinitely or arbitrarily. Government actions during an emergency should be narrowly tailored and must demonstrate a clear connection between the actions taken and the protection of public health or safety.
As for the duration of states of emergency, Hawaii’s emergency statute currently includes a 60-day time limit, but also allows an emergency to be extended by proclamation. Thus, there is no protection against the possibility that the governor or mayors would be able to extend a state of emergency indefinitely, with little input or oversight from the legislative branch.
Given the increased use of emergency orders for situations that do not pose an immediate threat to life, health or property — such as housing policy — the emergency management statute could be abused as a public policy tool that allows the governor to bypass the legislative process.
What is needed is a legislative check on the possibility of an unending emergency, and SB353 would fulfill that purpose by enabling the Legislature and county councils to end emergencies by a two-thirds vote.
In conclusion, it is important that Hawaii’s emergency-management law reflects the lessons we have learned over the past few years.
The main lesson is that it is possible to protect open government and the constitutional balance of powers without handicapping the ability of the governor and mayors to respond quickly and effectively to emergency situations.
This bill would correct current deficiencies in the emergency management statute and ensure that Hawaii is better able to address future emergencies.
We urge you to pass SB353.
Sincerely,
Ted Kefalas
Director of Strategic Campaigns
Grassroot Institute of Hawaii
