The Maui News

The state Senate on Monday passed a measure which gives the governor the power to mandate COVID-19 screening of travelers to Hawaii and provides funds to hotels to test employees.

The measure also waters down the power of the state health director, found in earlier versions, to unilaterally declare a public health emergency, order quarantines and contact tracing and temporarily close schools and businesses. This provision had drawn criticism from those concerned about abuses of power, accountability of an unelected official and civil liberties.

The bill, HB2502, HD1 SD2, requires the governor’s approval before the health director can declare an emergency.

“When in the judgment of the director there is a potential for an epidemic or serious outbreak of communicable or dangerous disease and after consultation with and authorization from the governor, notwithstanding any other laws, the director may declare a public health emergency,” the bill reads.

State Sen. Roz Baker, who represents South and West Maui, addressed concerns of those who turned out to oppose the measure Monday. She said the bill does not give the health director the power to declare an emergency without the governor’s approval and does not require vaccinations once a COVID-19 vaccine is available.

Baker, chairwoman of the Senate Committee on Commerce, Consumer Protection and Health, noted that the measure was introduced at the request of Attorney General Clare Connors.

“The unprecedented pandemic has highlighted the need for our state to effectively respond to disease outbreaks,” said Baker. “We have learned a great deal since March and this measure codifies elements that will help the Department of Health to have flexibility and efficiency in containing the spread of disease.

“Screening travelers is an important strategy in fighting the spread of disease, and this measure will allow the department the latitude to screen, test and perform contact tracing for people who are infected or at risk of infection.”

State Sen. Jarrett Keohokalole of the Senate Special Committee on COVID-19 said the executive branch “must still tailor its action to address the emergency narrowly and temporarily with a clearly explained justification that can withstand legal challenge.”

The bill was written in light of emergency proclamations already ordered by the governor to deal with “this once-in-a-century catastrophe” and a federal court ruling recently upholding the existing state emergency orders following a legal challenge, he said.

“This bill does not abrogate the Constitution,” he said. “It does not abrogate the provisions of any other statutes, and no other statutes abrogate the provisions of this bill.”

The vote in the Senate was 20-4, with Sens. Kurt Fevella, Mike Gabbard, Kai Kahele and Russell Ruderman voting against passage. Sens. Les Ihara and Donna Mercado Kim voted yes, with reservations.

The amended bill is being sent back to the House.

* The Associated Press contributed to this report.