Governor Ige’s Ninth Supplementary Proclamation for COVID-19 Emergency

OFFICE OF THE GOVERNOR STATE OF HAWAI‘I

NINTH SUPPLEMENTARY PROCLAMATION RELATED TO THE COVID-19 EMERGENCY

By the authority vested in me by the Constitution and laws of the State of Hawai‘i, to provide relief for disaster damages, losses, and suffering, and to protect the health, safety, and welfare of the people, I, DAVID Y. IGE, Governor of the State of Hawai‘i, hereby determine, designate and proclaim as follows:

WHEREAS, I issued on March 4, 2020, a Proclamation declaring a state of emergency to support ongoing State and county responses to COVID-19; on March 16, 2020, a Supplementary Proclamation suspending certain laws to enable State and county responses to COVID-19; on March 21, 2020, a Second Supplementary Proclamation and Rules Relating to COVID-19 implementing a mandatory self-quarantine for all persons entering the State; on March 23, 2020, a Third Supplementary Proclamation to mandate and effectuate physical distancing measures throughout the State; on March 31, 2020, a Fourth Supplementary Proclamation implementing a mandatory self-quarantine for all persons traveling between any of the islands in the State; and on April 16, 2020, a Fifth Supplementary Proclamation implementing enhanced safe practices and an eviction moratorium; on April 25, 2020, a Sixth Supplementary Proclamation amending and restating all prior proclamations and executive orders related to the COVID-19 emergency; on May 5, 2020, a Seventh Supplementary Proclamation related to the COVID-19 Emergency; in May 29, 2020, an Eighth Supplementary Proclamation related to the COVID-19 Emergency;

WHEREAS, as of June 10, 2020, there have been 685 documented cases of COVID-19 in the State and 17 deaths attributed to this disease;

WHEREAS, COVID-19 continues to endanger the health, safety, and welfare of the people of Hawai‘i and a response requires the serious attention, effort, and sacrifice of all people in the State to avert unmanageable strains on our healthcare system and other catastrophic impacts to the State;

NOW, THEREFORE, I, DAVID Y. IGE, Governor of the State of Hawai‘i, hereby amend and restate all prior proclamations and executive orders, and authorize and invoke the following as set forth herein:

1. Statewide Coordination………………………………………………………. [ 3 ]
2. InvocationofLaws……………………………………………………………..[3]
3. Act with Care Order…………………………………………………………………….[ 4 ]A. Work in Businesses or Operations
   B. Permitted Activities Outside the Home or Place of Residence C. Safe Practices
   D. Persons Experiencing Homelessness
   E. Force and Effect of Law
4. All Persons Traveling to the State or Traveling Inter-Island…………….[ 8 ]A. Traveling to the State
   B. Traveling Inter-Island
   C. Host Responsibility
   D. Prohibition on Renting Vehicles
   E. Car Sharing Services Responsibility F. Force and Effect of Law
5. Suspension of Laws…………………………………………………………..[ 11 ]A. Session Laws
   B. Division 1. Government
   C. Division 2. Business
   D. Division 3. Property; Family
   E. Division 4. Courts and Judicial Proceedings F. Division 5. Crimes and Criminal Proceedings
6. Severability……………………………………………………………………..[ 31 ]

Exhibit A. Restatement of Executive Order NO. 20-05
Exhibit B. Federal Critical Infrastructure Sectors [as of May 19, 2020]
Exhibit C. CDC Cloth Face Covering Recommendation [as of April 24, 2020] Exhibit D. Rules Relating to COVID-19 Travel Quarantine
Exhibit E. Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules
Exhibit F. Rules Relating to Notaries Public (amended June 1, 2020)
Exhibit G. State Roadmap to Recovery and Resilience
Exhibit H. Sunshineaw and UIPAL
Exhibit I. Rules Relating to Safety Guidelines for Barbers and Beauty Operators

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I. Statewide Coordination

For the purposes of this COVID-19 emergency only, I hereby invoke section 127A-13(a)(5), Hawaii Revised Statutes (HRS), as it is my opinion that it is necessary to coordinate emergency management functions. Accordingly, I direct all counties to obtain my approval, or the approval of the Director of Hawaii Emergency Management Agency (HIEMA), prior to issuing any emergency order, rule, or proclamation. I further suspend sections 127A-14(b) and 127A-25, HRS, to the limited extent necessary to ensure statewide coordination.

This Ninth Supplementary Proclamation (Proclamation) does not apply to the United States government.

II. Invocation of Laws

The following emergency provisions are expressly invoked, if not already in effect upon declaration of an emergency on March 4, 2020:

Sections 127A-12(a)(5), 127A-13(a)(6), and 127A-13(a)(7), HRS, directing the Director of HIEMA and the administrators of each county emergency management agency to take appropriate actions to direct or control, as may be necessary for emergency management.

Section 127A-12(b)(13), HRS, requiring each public utility, or any person owning, controlling, or operating a critical infrastructure, to protect and safeguard its or the person’s property, or to provide for the protection and safeguarding thereof, and provide for the protection and safeguarding of all critical infrastructure and key resources; provided that without prejudice to the generality of the foregoing two clauses, the protecting or safeguarding may include the regulation or prohibition of public entry thereon, or the permission of the entry upon terms and conditions as I may prescribe.

Section 127A-12(b)(16), HRS, directing all state agencies and officers to cooperate with and extend their services, materials, and facilities as may be required to assist in emergency response efforts.

Section 127A-13(a)(8), HRS, to prevent the hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services to effectuate equitable distribution thereof, or to establish priorities

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therein; to investigate; and notwithstanding any other law to the contrary, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto.

Section 127A-16, HRS, activating the Major Disaster Fund.

Section 127A-30, HRS, inasmuch as such section automatically went into effect upon declaration of an emergency on March 4, 2020.

Restatement of Executive Order No. 20-05, as set forth in Exhibit A attached hereto.

III. Act with Care

A. Work in Businesses or Operations

Pursuant to sections 127A-12(a)(5), 127A-12(b)(14), 127A-13(a)(1), and 127A-13(a)(7), HRS, the following business or operations may operate during this emergency: businesses or operations that are part of the federal critical infrastructure sectors, as set forth in Exhibit B attached hereto, and the businesses or operations operating in each county in accordance with the State Roadmap to Recovery and Resilience, attached hereto as Exhibit G. Businesses include for-profit, non-profit, or educational entities, regardless of the nature of the service, the function they perform, or their corporate or entity structure. All business or operations must comply with the safe practices set forth in Section III.C to the fullest extent possible.

B. Permitted Activities Outside the Home or Place of Residence

Persons within the State of Hawaiʻi who are not subject to the traveler self- quarantine in Section IV of this Proclamation may engage in the following activities, so long as they comply with the safe practices set forth in Section III.C to the fullest extent possible:

1. Travel for health and safety;
2. Travel to engage in, receive or obtain goods or services from the

businesses or operations allowed to operate pursuant to this Proclamation;

3. Travel to engage in minimum basic operations of businesses not allowed to operate pursuant to this Proclamation, including the minimum

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necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, and related functions as well as the minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences;

4. Travel to care for the elderly, minors, dependents, persons with disabilities, or other high-risk persons;

5. Travel required by law enforcement or court order, including transporting children pursuant to a custody agreement;

6. Outdoor exercise activities, including ocean activities such as surfing and swimming, so long as safe practices are maintained;

7. Walking pets on a leash.
C. Safe Practices
All persons are encouraged to wear a cloth face covering as described

and recommended by the CDC, which guidance is attached hereto as Exhibit C. This section shall not apply to persons who are engaged in permissible outdoor exercise activities so long as physical distancing requirements are maintained. All businesses or operations operating in accordance with this Proclamation, including state and county agencies, shall comply with the applicable CDC, industry and regulatory guidance for COVID-19. All businesses or operations operating in accordance with this Proclamation, including state and county agencies, and persons engaged in permitted activities identified herein, shall exercise the following safe practices to the fullest extent possible:

1. High risk populations. Elderly and others at high risk for COVID-19 are urged to stay in their residences to the extent possible, except as necessary to seek medical care.

2. Persons who are sick. Persons who are sick or have a fever or cough or are exhibiting symptoms such as shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell, are urged to stay in their residences to the extent possible, except as necessary to seek medical care.

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3. Physical Distancing Requirements. All persons shall maintain a minimum of six-feet of physical separation from all other persons to the fullest extent possible. Businesses or operations shall designate with signage, tape, or by other means six-foot spacing for employees and customers in line to maintain appropriate distance. Businesses or operations shall monitor and enforce the six- foot distancing requirement set forth in this Proclamation, whether outside waiting lines or as customers move about inside a facility. Checkout operations shall be modified, to the extent reasonably feasible, to provide this separation or to provide a transparent shield or barrier between customers and checkout clerks.

4. Limited Customer Occupancy. Each business facility or operation shall determine the maximum number of customers that may be accommodated while maintaining the specified separation distance and limiting the number of customers in the facility or at the operation to that maximum number at any time.

5. Face covering. All customers shall wear a face covering as described and recommended by the CDC (see Exhibit C attached hereto), while waiting to enter and while at a business or operation. All employees of businesses or operations shall wear the cloth face coverings as recommended by the CDC while at their place of employment.

6. Hand sanitizer and sanitizing products. Businesses or operations shall make hand sanitizer and sanitizing products readily available for employees and customers. Employees handling items from customers, such as cash or credit cards, shall frequently utilize hand sanitizers.

7. Disinfection. Businesses or operations shall regularly disinfect all high-touch surfaces.

8. Safeguards for high risk populations. Businesses or operations are urged to implement processes to safeguard elderly and high-risk customers. High risk persons are encouraged to stay in their residence to the extent possible, except as necessary to seek medical care.

9. Online and remote access. Businesses or operations shall post online whether a facility is open and how best to reach the facility and continue services by phone or remotely. Businesses or operations shall encourage their

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customers to do their business remotely by phone or online to the extent possible.

10. Pickup at store or delivery. Businesses or operations shall provide for, if feasible, online ordering and purchase of goods and customer pickup of orders at a location outside the facility or shall provide for delivery to customer locations.

11. Signage. Businesses or operations shall post a sign at the entrance of the facility informing all employees and customers that they should: wear CDC recommended face coverings while in the business or operation; avoid entering the business or operation if they have a cough or fever or otherwise do not feel well; maintain a six-foot distance from one another; not shake hands or engage in unnecessary physical contact.

D. Persons Experiencing Homelessness

Persons experiencing homelessness are exempt from Section III of this Proclamation but shall comply with the safe practices set forth in Section III.C to the fullest extent possible and are strongly urged to obtain shelter. Governmental and other entities are strongly urged to make such shelter available as soon as possible and to the maximum extent practicable and to use in their operation COVID-19 risk mitigation practices recommended by the CDC.

E. Force and Effect of Law

Pursuant to section 127A-25, HRS, all provisions set forth in Section III of this Proclamation are hereby adopted as rules that shall have the force and effect of law. In the event of any inconsistency, conflict or ambiguity between this Proclamation and any county emergency order, rule, directive or proclamation, the relevant documents shall be read to allow a county maximum flexibility to exercise its respective emergency management authority.

Pursuant to section 127A-29, HRS, any person who intentionally or knowingly violates any provision set forth in this Section III of this Proclamation shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.

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IV. All Persons Traveling to the State or Traveling Inter-Island

A. Traveling to the State

Pursuant to section 127A-13(a)(1), HRS, all persons entering the State of Hawaiʻi shall be subject to mandatory self-quarantine, except those persons entering the State by recreational boats which have been at sea for at least 14 consecutive days before entering State waters and have no persons on board who are ill or are exhibiting symptoms of COVID-19. The period of self- quarantine shall begin from the time of entry into the State and shall last 14 days or the duration of the person’s presence in the State, whichever is shorter. Persons who require paid or commercial lodging while subject to the mandatory self-quarantine shall designate a hotel or motel as their designated quarantine location.

Those persons entering the State to perform critical infrastructure functions as identified in Section III.A of this Proclamation will be subject to self- quarantine but may break quarantine to perform their critical infrastructure functions so long as they wear appropriate protective gear and follow the safe practices identified in Section III.C of this Proclamation.

B. Traveling Inter-Island

1. Pursuant to section 127A-13(a)(1), HRS, all persons traveling between any of the islands in the State of Hawai‘i shall be subject to mandatory self-quarantine. The period of self-quarantine shall begin from the date of entry onto the island and shall last 14 days or the duration of the person’s presence on the island, whichever is shorter.

2. Persons traveling between islands for purposes related to medical or health care will not be subject to the self-quarantine so long as they wear appropriate protective gear and follow the safe practices identified in Section III.C of this Proclamation.

3. Persons traveling between islands to perform critical infrastructure functions as identified in Section III.A of this Proclamation will be subject to self- quarantine while away from their island residence but may break quarantine to perform their critical infrastructure functions. Upon return to their island

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residence, such persons will not be subject to the self-quarantine so long as they wear appropriate protective gear and follow the safe practices identified in Section III.C of this Proclamation.

Section IV.B. of this Proclamation shall expire at 12:01am on Tuesday, June 16, 2020.

C. Host Responsibility

All hosts of any guest or guests within the State of Hawai‘i shall be responsible for ensuring their guest or guests abide by the mandatory self- quarantine set forth in Sections A and B above.

Any host violates this section if the host intentionally, knowingly, or recklessly fails to notify law enforcement immediately when a guest or guests subject to the self-quarantine fails to enter or remain within the confines of their designated quarantine location.

It shall be the duty of all hosts to ascertain the period of self-quarantine for their guest or guests and to determine whether or not their guest or guests remain confined to their designated quarantine location throughout the period of self-quarantine. It shall not be a defense to a violation of this section that the host did not know the period of self-quarantine for their guest or guests, that they did not know that their guest or guests were subject to the mandatory self- quarantine, or that they did not know that their guest or guests had failed to enter or remain within the confines of the designated quarantine location.

For purposes of this section, the following definitions apply:

“Designated quarantine location” means any hotel, motel, house, townhouse, condominium, or apartment in the State of Hawai‘i, that will be occupied, with the permission of the owner, renter, lessor, or manager of the accommodations, by persons entering the State of Hawai‘i during their period of quarantine and that is designated as such by these persons. In the case of hotels, motels, townhouses, condominiums, and apartments, “designated quarantine location” refers to the person’s individual room or unit.

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“Hosts” means any individual, partnership, corporation, company, association, or any other person, group, or entity, who is the owner, renter, or lessor of any designated quarantine location.

“Guest or guests” means any person or persons subject to mandatory self- quarantine who are renting, leasing, or otherwise occupying any designated quarantine location from a host during the period of self-quarantine.

“Period of self-quarantine” means the period of time beginning when a person first enters the State of Hawai‘i and continuing for 14 days thereafter or the duration of the person’s presence in the State, whichever is shorter.

D. Prohibition on Renting Vehicles

Unless an exemption is granted, persons subject to self-quarantine pursuant to Section IV of this Proclamation are prohibited from renting motor vehicles in the State, whether through a rental car company, online service, or through a peer-to-peer platform or car sharing service including but not limited to Turo and Zipcar. Any reservations or confirmation of reservations by a person subject to self-quarantine shall be presumed to be the rental of a motor vehicle in violation of this order.

For purposes of this section:

“Period of self-quarantine” means the period of time beginning when a person first enters the State of Hawai‘i and continuing for 14 days thereafter or the duration of the person’s presence in the State, whichever is shorter.

“Motor vehicle” means an automobile, motorcycle, moped, or other vehicle propelled by a motor, whether gasoline, electric, or hybrid, which is offered for rent or lease within the State of Hawai’i through any car sharing service.

E. Car Sharing Services Responsibility

All persons who provide motor vehicles through peer-to-peer platforms or car sharing services, including but not limited to Turo and Zipcar (hereinafter collectively referred to as “car sharing services”), shall be responsible for ensuring that they do not rent, lease, or otherwise provide any motor vehicle to any person subject to a self-quarantine, whether a visitor or returning resident, during the person’s period of self-quarantine.

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Any person violates this section if the person intentionally, knowingly, or recklessly provides a motor vehicle through a car sharing service to a person subject to the self-quarantine.

It shall be the duty of all persons providing a motor vehicle through a car sharing service to determine whether or not the person is seeking to obtain the vehicle during the person’s period of self-quarantine. It shall not be a defense to a violation of this section that a person providing a motor vehicle through a car sharing service did not know that the person seeking the motor vehicle was not subject to the mandatory self-quarantine.

For purposes of this section:

“Period of self-quarantine” means the period of time beginning when a person first enters the State of Hawai‘i and continuing for 14 days thereafter or the duration of the person’s presence in the State, whichever is shorter.

“Motor vehicle” means an automobile, motorcycle, moped, or other vehicle propelled by a motor, whether gasoline, electric, or hybrid, which is offered for rent or lease within the State of Hawai’i through any car sharing service.

F. Force and Effect of Law

Pursuant to section 127A-25, HRS, all provisions set forth in Section IV of this Proclamation and the Rules Relating to COVID-19 Travel Quarantine, Exhibit D attached hereto, are hereby adopted as rules and shall have the force and effect of law. (These rules are hereinafter referred to as the “Travel Quarantine Rules”).

Pursuant to section 127A-29, HRS, any person who intentionally, knowingly, or recklessly violates the Travel Quarantine Rules shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.
V. Suspension of Laws

The following laws are suspended, as allowed by federal law, pursuant to section 127A-13(a)(3), HRS:

A. Session Laws

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Section 9, Act 5, Session Laws of Hawaii 2019, to the extent that the appropriation for debt service payments shall no longer be limited to principal and interest payments on general obligation bonds, such that debt service moneys may be used for bond counsel fees, costs related to tax compliance work on the expenditure of general obligation bond proceeds, and other bond related costs.

B. Division 1. Government
Section 26-33, HRS, performance of duties of vacant office.
Section 37-41, HRS, appropriations to revert to state treasury;

exceptions.
Section 37-74(d), HRS, program execution, except for sections 37-

74(d)(2) and 37-74(d)(3), HRS, and any such transfers or changes considered to be authorized transfers or changes for purposes of section 34-74(d)(1) for legislative reporting requirements.

Section 40-66, HRS, appropriations lapse when.

Chapter 46, HRS, county organization and administration, with respect to any county ordinance, rule, regulation, law or provision which applies to any county permitting, licensing, zoning, variance, processes, procedures, fees, or any other requirements that hinder, delay, or impede the purpose of this proclamation.

Section 78-13, HRS, salary periods, to the extent necessary to allow the State of Hawaii Department of Defense to pay, as expeditiously as possible, members of the Hawaii National Guard ordered into active service and deployed in response to this emergency.

Chapter 89, HRS, collective bargaining in public employment.

Chapter 89C, HRS, public officers and employees excluded from collective bargaining.

Chapter 91, HRS, administrative procedure, to the extent necessary such that, at the sole discretion of the department or agency, any administrative hearing may be conducted by telephone or video conference without the parties, department or agency, being physically present in the same location; any deadlines may be waived or suspended; and any administrative hearing

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procedures, such as, but not limited to, conferences, filing of documents, or service, may be done via telephone or email. Additionally, to provide agencies with maximum flexibility to respond to the COVID-19 emergency, and to authorize any agency or court to stay or continue administrative hearings, appeals, and related deadlines as necessary.

Administrative hearings not subject to Chapter 91, to the extent necessary such that, at the sole discretion of the department of agency, any such hearing may be conducted by telephone or video conference without the parties, department, or agency, being physically present in the same location; any deadlines may be waived or suspended; and any hearing procedures, such as, but not limited to, conferences, filing of documents, or service, may be done via telephone or email.

Section 91-3(b), HRS, procedure for adoption, amendment, or repeal of rules, and section 325-2, HRS, physicians, laboratory directors, and health care professionals to report to the extent necessary to add coronavirus disease 2019 (COVID-19) (SARS-CoV-2) to Exhibits A and B of Chapter 11-156, Hawaii Administrative Rules (HAR), without adopting emergency rules, and to ensure that physicians, health care professionals, and laboratory directors shall report the incidence or suspected incidence of COVID-19 to the department of health in the manner specified by the department of health and that test results (including positive and negative results) be reported to the department of health via the electronic laboratory reporting system and by telephone on an urgent basis. The addition of (COVID-19) (SARS-CoV-2) to Exhibits A and B of Chapter 11-156, HAR, shall be effective for a period of one hundred eighty (180) days from the date of this Proclamation.

Chapter 92, HRS, public agency meetings and records, to the extent set forth in Exhibit H attached hereto.

Chapter 92F, HRS, uniform information practices act (modified), to the extent set forth in Exhibit H attached hereto.

Section 102-2, HRS, contracts for concessions; bid required, exception.

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Section 103-2, HRS, general fund.

Section 103-53, HRS, contracts with the State or counties; tax clearances, assignments.

Section 103-55, HRS, wages, hours, and working conditions of employees of contractors performing services.

Section 103-55.5, HRS, wages and hours of employees on public works construction contracts.

Chapter 103D, HRS, Hawaii public procurement code.
Chapter 103F, HRS, purchases of health and human services.
Chapter 104, HRS, wages and hours of employees on public works, to

the extent that this suspension only applies to construction contracts for governmental construction projects related to COVID-19 entered into on or after the date of the Supplementary Proclamation issued on March 16, 2020 through the duration of the emergency.

Chapter 105, HRS, government motor vehicles, except for section 105- 11, HRS, State motor pool revolving fund.

Section 127A-25(c), HRS, rules and orders, to the extent the requirement to publish rules adopted pursuant to chapter 127A, HRS, in a newspaper of general circulation in the State shall be suspended inasmuch as the posting of such rules on the applicable state or county government website or by other means of official announcement as provided by this section brings the rules’ content to the attention of the general public.

Section 127A-30(a)(2), HRS, rental or sale of essential commodities during a state of emergency; prohibition against price increases, to the extent that it permits the termination of any tenancy for a residential dwelling unit in the area that is the subject of the proclamation for a breach of a material term of a rental agreement or lease resulting from a failure to pay all or any portion of the rent or lease, maintenance fees, utility charges, taxes or other fees required by the rental agreement or lease. Additionally, section 521-68, HRS, landlord’s remedies for failure by tenant to pay rent and section 521-71, HRS, termination of tenancy; landlord’s remedies for holdover tenants and

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Chapter 666, landlord and tenant, to the extent necessary to prohibit the commencement, continuation, or prosecution of an action, to terminate any tenancy for a residential dwelling unit, for failure to pay all or any portion of the rent, maintenance fees, utility charges, taxes or other fees required for the residential dwelling unit.

Sections 134-3(a) and (b), HRS, registration, mandatory, exceptions, to the extent necessary such that the chiefs of police of the counties, in their sole discretion, may suspend the deadline whereby a person must register a firearm within five days after arrival in the State of the person or firearm, whichever arrives later, and the deadline whereby a person acquiring a firearm pursuant to section 134-2, HRS, must register the firearm within five days of acquisition.

Section 183C-6, HRS, permits and site plan approvals, to the extent necessary to enable the Department of Land and Natural Resources to administer the permitting program for conservation district use permits withoutthe application of provisions providing for automatic approval of permit requests that are not acted upon within 180 days.

Chapter 205A, HRS, coastal zone management.

Section 237D-6.5(b), HRS, distribution of the transient accommodations tax.

Chapter 261, HRS, aeronautics

Chapter 281, HRS, intoxicating liquor, and related administrative rules, to the extent as follows:

1. Section 281-1, HRS, definitions, to exclude hand sanitizer and surface disinfectants from the definition of “liquor” and “intoxicating liquor”; and
2. Section 281-31, HRS, licenses, classes to enable the county liquor commissions to allow licensees to sell unopened beer or unopened wine or unopened prepackaged cocktails with food for pick up, delivery, take out, or other means to be consumed off the premises,and to enable county liquor commissions to waive, suspend, or postpone any deadlines or administrative procedures;

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and to allow class 1 licensees to purchase fermentable wash from

class 1, 3, 14, and 18 licensees.
Provided that liquor licensees shall comply at all times with any and all federal laws and any and all state and county laws not specifically suspended herein, including, but not limited to, Chapter 149A, HRS, Hawaii Pesticides Law, and the rules, regulations, and requirements of the State of Hawai‘i Department of Agriculture, the U.S. Food and Drug Administration, the U.S. Environmental Protection Agency, and the U.S. Alcohol and Tobacco Tax and Trade Bureau.

Section 281-37, HRS, sales of alcohol, and related administrative rules, to the extent to allow hospitals and medical clinics to purchase hand sanitizer and surface disinfectants in any quantity from class 1 licensees without holding a

times with any and all federal laws and any and all state and county laws not specifically suspended herein, including, but not limited to, Chapter 149A, HRS, Hawaii Pesticides Law, and the rules, regulations, and requirements of the State of Hawai‘i Department of Agriculture, the U.S. Food and Drug Administration, the U.S. Environmental Protection Agency, and the U.S. Alcohol and Tobacco Tax and Trade Bureau.

Section 281-42(a)(6) and (b)(2), HRS, manufacturers and wholesale dealers, special restrictions, and any related administrative rules, to the extent necessary to enable the county liquor commissions to allow liquor manufacturers and wholesale dealers to negotiate credit terms for periods in excess of thirty (30) days with liquor retail licensees during the disaster emergency relief period, subject to the following restrictions:

1. Any credit negotiations under this suspension must be finalized prior to the termination of the disaster emergency relief period;
2. The suspension of Section 281-42(a)(6), HRS, shall terminate upon the termination of the disaster emergency relief period;
3. The suspension of Section 281-42(b)(2), HRS, shall remain in effect until twenty-one (21) days after the termination of the disaster emergency relief period to the extent necessary to allow liquor retail

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licensees who have outstanding invoice balances more than thirty

(30) days due, to continue purchasing liquor by credit.
Chapter 266, HRS, harbors.
Chapter 286, HRS, highway safety.
Section 291-31.5, HRS, blue lights prohibited for motor vehicles,

motorcycles, motor scooters, bicycles, mopeds to the extent necessary to allow Department of the Attorney General vehicles to operate with blue lights when used for law enforcement related emergency management functions.

Section 291-51.6, HRS, issuance of temporary removable windshield placards, to the extent that the Director of the Department of Health may extend the duration of the temporary removable windshield placard beyond six months.

Section 291-52, HRS, issuance of removable windshield placard, with respect only to the statutory six-year expiration.

Sections 302D-12(h)(1) to (5), HRS, charter school governing boards; powers and duties, to the extent necessary to enable the governing board of a charter school to conduct business in person or through remote technology without holding meetings open to the public. The governing boards shall consider reasonable measures to allow public participation consistent with physical distancing practices, such as providing notice of meetings, allowing submissions of written testimony on agendized items, live streaming meetings, and posting minutes of meetings online. No governing board deliberation or action shall be invalid, however, if such measures are not taken.

Chapter 325, HRS, infectious and communicable diseases, to the limited extent that any provision conflicts with the Governor’s exercise of emergency powers herein under section 127A-13(a)(1), HRS.

Section 328L-3(f)(1), HRS, emergency and budget reserve fund.

Sections 329-32(a), 329-33(a), 329-38.2, HRS, uniform controlled substances act, and related administrative rules, to the extent necessary to allow out-of-state physicians and nurses to dispense (including prescribing and administering) controlled substances without having to register in Hawai‘i, as contemplated in the United States Drug Enforcement Administration’s (DEA)

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COVID-19 Policy Concerning Separate Registration Across State Lines dated March 25, 2020. Such physicians or nurses must maintain active registration in at least one state and be authorized under that state’s law to dispense controlled substances. Such doctors or nurses must also otherwise comply with state laws, including those related to controlled substances.

Section 329-32(e), HRS, registration requirements, and related administrative rules, for the limited purpose of allowing the offsite dispensing of necessary take-home doses of medication for medication assisted treatment by an opioid treatment program (OTP) authorized under Section 329-40, HRS, without obtaining a separate state registration, as contemplated in the DEA’s COVID-19 policy concerning DEA narcotic treatment programs dated April 7, 2020.

Section 329-38(a)(1)(C), HRS, prescriptions, and related administrative rules, only to the extent necessary to allow a facsimile, photograph, or scan of a written prescription to be delivered to the dispensing pharmacist within 15 days of an emergency oral prescription, as contemplated in the DEA’s COVID-19 guidance concerning the issuance of oral schedule II prescriptions dated March 27, 2020.

Section 329-40 (b)(7), HRS, methadone treatment program, and related administrative rules, for the limited purpose of permitting the issuance of up to 28 doses of methadone to qualified patients in an opioid treatment program in accordance with the United States Substance Abuse and Mental Health Services Administration’s Opioid Treatment Program Guidance, updated on March 19, 2020.

Section 329-41(a)(8), HRS, prohibited acts B penalties, for the sole and limited purpose of enabling authorized physicians practicing telehealth as provided in section 453-1.3, HRS, to issue prescriptions for controlled substances. Such physicians must otherwise comply with all other requirements of Chapter 329, HRS.

Section 329-101(b), HRS, reporting of dispensation of controlled substances; electronic prescription accountability system; requirements;

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penalty, to the extent necessary to enable the Department of Public Safety to issue State controlled substance registrations prior to an applicant’s registration with the electronic prescription accountability system.

Chapter 329, Part IX, HRS, medical use of cannabis, to the extent necessary to allow the Department of Health to extend the effective period of registration for qualifying patients and primary caregivers with registration cards with expiration dates in March, April, and May for ninety (90) days. This suspension shall not apply to the registration of a qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient.

Section 346-29, applications for public assistance; manner, form, conditions, and section 346-53, HRS, determination of amount of assistance, and related administrative rules, to the extent necessary such that the Director of the Department of Human Services, in his sole discretion and for the purpose of assisting those in need, may suspend eligibility and other requirements for family units and individuals impacted by an emergency, and may disregard income received from unemployment insurance or other relief assistance payments, when determining eligibility and the amount of a recipient’s assistance payments during the emergency period.

Sections 346-59.1, 431:10A-116.3, 432:1-601.5, and 432D-23.5, HRS, coverage for telehealth, to the extent that the definitions of “telehealth” in each section shall exclude the use of standard telephone contacts.

Section 346-71, HRS, general assistance to households without minor dependents, and related administrative rules, to the extent necessary to allow for a presumptive determination of a disability for the duration of the emergency.

Section 346-97, HRS, criminal history record checks, and related administrative rules, to the extent necessary for the Director of the Department of Human Services, in his sole discretion, to suspend criminal history record check requirements prior to enrolling Medicaid service providers.

Chapter 346, Part VIII, HRS, child care, and related administrative rules for child care licensing and subsidies, to the extent necessary such that the Director of the Department of Human Services, in his sole discretion and for the

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purpose of assisting those in need, may suspend fingerprinting requirements; suspend the requisite staffing configurations and the number of children per adult ratio for a child care establishment facility; suspend eligibility and other requirements for family units impacted by an emergency; disregard emergency related benefits in calculating child care subsidies; suspend application deadlines for child care subsidies; allow for re-determinations of eligibility and monthly payment amounts within the eligibility period; and suspend subsidy payments for longer than one month when a payment amount is determined to be zero. Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules, as set forth on Exhibit E attached hereto are hereby adopted.

Section 346-261, HRS, First-To-Work; establishment; purpose, and related administrative rules, to the extent necessary such that the Director of the Department of Human Services, in his sole discretion and for the purpose of assisting those in need, may suspend eligibility and other requirements for family units impacted by an emergency, and may provide additional rent support for family units impacted by an emergency during the emergency period.

Section 353-62(b)(5), HRS, Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff, and related administrative rules, to allow a hearing before a panel of at least two members of the paroling authority in all cases.

Section 373-3, HRS, fees; biennial renewal, restoration, section 437- 23(a), HRS, term of license, section 439-18(c), HRS, schools, section 443B- 4.58, HRS, biennial renewal requirement, section 440-14, HRS, license, limitations, renewals, section 444-15, HRS, fees; biennial renewals; inactive license, section 448E-8, HRS, fees; renewals, section 448F-9, HRS, biennial renewal; failure to renew, section 448H-8, HRS, fees, section 16-81-10, HAR, renewal of license, section 452-16, HRS, renewal of license; fees, section 453-3(2), HRS, limited and temporary licenses; section 453-3(4), HRS, limited and temporary licenses, section 453-6, HRS, fees; expenses, section 453D- 11, HRS, renewal of license; fees, section 457A-7(e), HRS, medicare or

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medicaid nurse aide certification, section 457A-8(e), HRS, nurse aide certification for state licensed or state-certified health care settings, section 457B-9(b), HRS, fees, section 457G-6, HRS, biennial renewal; failure to renew; restoration, inactive license; conversion from registration, section 458-8(a), HRS, expiration and renewal, section 460J-14, HRS, fees; biennial renewal; inactive license, section 461J-10, HRS, biennial renewal; failure to renew, section 462A-6, HRS, duration and renewal of license, section 16-96- 27, HAR, renewal of license, section 463-10, HRS, licenses; fees; renewal of licenses; inactive license, section 464-9(c), HRS, applications for and certificates of licensure; renewal; fees; continuing education, section 465- 11(a), HRS, renewals; continuing education requirement, section 466D-10, HRS, renewal of license, section 467-11, HRS, fees; original license and biennial renewals, section 471-9(c), HRS, licenses, section 472-2(a)(1), HRS, practice of veterinary technology; qualifications; registration required, section 481E-5(f), HRS, certificate of registration; issuance or denial; renewal, section 481Z-6(f), HRS, certificate of registration; issuance or denial; renewal, section 484-9(a), HRS, annual report, section 514E-10(e), HRS, registration required; developer, acquisition agent, plan manager, and exchange agent; registration renewal, section 514E-10.2(h), HRS, limited permit, to the extent necessary such that the Director of the Department of Commerce and Consumer Affairs may suspend or extend license renewal or certification deadlines.

Section 377-9, HRS, prevention of unfair labor practices, to the extent necessary such that, at the sole discretion of the Hawaii Labor Relations Board, the requirement to hold a hearing on the complaint not more than 40 days after the filing of the complaint or amendment thereof may be waived.

Chapter 383, HRS, Hawaii employment security law, to the extent necessary and as allowed by federal law, through the duration of the emergency as defined under federal law, to enable the Director of the Department of Labor and Industrial Relations to:

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1. waive the one-week waiting period for unemployment insurance claimants, the able and available requirement not already exempted, the work search requirements, and online registration for work requirement on HireNet for claimants who are otherwise eligible for unemployment insurance benefits as a result of COVID- 19 for claims beginning March 1, 2020;
2. extend deadlines;
3. allow greater flexibility in determining good cause, employercontributions to the Unemployment Insurance Trust Fund, andemployer experience rating; and
4. waive required cash or in-kind contributions at the sole discretion ofthe Director of the Department of Labor and Industrial Relations.

Section 383-128(b), HRS, employment and training fund established, to the extent necessary to assist workers who have become unemployed as a result of the COVID-19 response, and to address the critical skills shortage resulting from the COVID-19 response, so that the employment and training fund may be used to train newly hired employees so that they may acquire the necessary knowledge, skills and behaviors to become effective and productive employees.

Chapter 386, HRS, workers’ compensation law, to the extent necessary such that the Department of Labor and Industrial Relations’ failure to act within the specified period shall not be deemed an automatic approval.

Chapter 394B, HRS, dislocated workers, to the extent necessary to waive notice requirements and deadlines; payment of back pay, benefits, or other forms of compensation; payment of dislocated employees or worker allowance; imposition of penalties; and any private right of action for failure to comply with Chapter 394B, HRS, resulting from the COVID-19 response.

Sections 397-6(c) and (d), HRS, safety inspection by qualified inspectors, and related administrative rules, and 76-16(a), civil service and exemptions, to the extent necessary to allow the Department of Labor and Industrial Relations to hire elevator mechanics, licensed under Chapter 448H,

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HRS, to perform safety inspections of elevators and kindred equipment as required under Chapter 397, HRS.

C. Division 2. Business

Chapter 432E, Part IV, HRS, external review of health insurance determinations, to the extent necessary to suspend all proceedings for external review until rescheduled by the Insurance Commissioner; and to extend any deadlines, including but not limited to the 130-day deadline to file a request for external appeal.

Section 438-8.5, HRS, medical clearance, section 439-12.5, HRS, medical clearance, section 16-73-56, HAR, medical clearance, and section 16- 78-76, HAR, medical clearance, to the extent necessary to waive the medical clearance requirement. Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Safety Guidelines for Barbers and Beauty Operators, as set forth on Exhibit I attached hereto are hereby adopted.

Section 451J-5, HRS, prohibited acts, and section 451J-7, HRS, application for licensure, to the extent necessary to waive the licensure and accompanying requirements so as to permit marriage and family therapists licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients. This shall not authorize out-of- state mental health professionals who are not licensed in Hawai‘i to solicit or establish new relationships with clients or patients located in Hawai‘i.

Chapter 453, HRS, medicine and surgery, and Chapters 16-85, HAR, medical examiners, and 16-93, HAR, osteopaths, to the extent necessary to allow out-of-state physicians, osteopathic physicians, and physician assistants with a current and active license, or those previously licensed pursuant to Chapter 453, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, or clinical laboratory, or other health care entity.

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Section 453-1.3, HRS, practice of telehealth, to the extent necessary to allow individuals currently and actively licensed pursuant to Chapter 453, HRS, to engage in telehealth without an in-person consultation or a prior existing physician-patient relationship; and to the extent necessary to enable out-of-state physicians, osteopathic physicians, and physician assistants with a current and active license, or those who were previously licensed pursuant to Chapter 453, HRS, but who are no longer current and active, to engage in telehealth in Hawai‘i without a license, in-person consultation, or prior existing physician-patient relationship, provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 453D-5, HRS, prohibited acts, and section 453D-7, HRS, application for licensure as a mental health counselor, to the extent necessary to waive the licensure and accompanying requirements so as to permit mental health counselors licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients. This shall not authorize out-of-state mental health professionals who are not licensed in Hawai‘i to solicit or establish new relationships with clients or patients located in Hawaii.

Chapter 456, HRS, notaries public, and related administrative rules, to the extent necessary to suspend any requirement that would require close physical contact to accomplish notary functions. Additionally, pursuant to section 127A-25, HRS, the Rules Relating to Notaries, as set forth on Exhibit F attached hereto are hereby adopted.

Chapter 457, HRS, nurses, and chapter 16-89, HAR, nurses, to the extent necessary to allow out-of-state licensed practical nurses, registered nurses, advanced practice registered nurses, and advance practice registered nurses with prescriptive authority with a current and active license, or those previously licensed pursuant to Chapter 457, HRS, but who are no longer current

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and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or facility, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 457-7, HRS, registered nurses; qualifications; licenses; fees; title; existing licensed nurses; verification of licenses; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of nursing education programs approved by the State Board of Nursing, within 180 days following graduation, to be employed to practice nursing under the supervision of a registered nurse, with the endorsement of the employing health care entity.

Section 457-8, HRS, licensed practical nurse; qualifications; license; fees; title; existing licensed nurses; verification of licenses; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of nursing education programs approved by the State Board of Nursing, within 180 days following graduation, to be employed to practice nursing under the supervision of a registered licensed practical nurse, with the endorsement of the employing health care entity.

Section 457-8.5, HRS, advanced practice registered nurse; qualifications; licensure; endorsement; fees; eligibility, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of an accredited graduate-level education program preparing the nurse for one of the four recognized advanced practice registered nurse roles licensed by the State Board of Nursing, within 180 days following graduation, to be employed to practice as an advanced practice registered nurse, with the endorsement of the employing health care entity.

Section 457G-1.4, HRS, license required, and section 457G-1.5, HRS, practice of occupational therapy, to the extent necessary to allow out-of- state occupational therapists and occupational therapy assistants with current and active licenses, or those previously license pursuant to Chapter 457G, HRS,

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but who are no longer current and active, to practice in Hawai’i without a license; provided that they have never had their licenses revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 461-5, HRS, qualifications for license, and Section 461-6, HRS, examination; license, to the extent necessary to waive the licensure and accompanying requirements so as to permit graduates of a pharmacy college accredited by the Accreditation Council for Pharmacy Education, within 180 days following the conferment of the doctor of pharmacy degree, to be employed to practice pharmacy under the supervision of a registered pharmacist, with the endorsement of the employing health care entity.

Section 461-9(a), HRS, pharmacist in charge; pharmacy personnel, and Sections 16-95-79(a), HAR, supervision by a registered pharmacist, and 16-95-80(a), HAR, physical presence of a registered pharmacist, to the extent necessary to allow a registered pharmacist currently and actively licensed pursuant to Chapter 461, HRS, or pharmacy intern currently and actively permitted by the board, to fill, compound, or receive prescriptions by remote data entry.

Section 461J-2, HRS, practice of physical therapy; qualifications, section 461J-6, HRS, permanent licenses, and section 16-110- 20, HAR,requirements for a permanent physical therapist license orphysical therapist assistant license, to the extent necessary to allow an out-of- state physical therapist or physical therapy assistant with a current and active license, or those previously licensed pursuant to Chapter 461J, HRS, but who are no longer current and active, to practice in Hawai‘i without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 464-4, HRS, public works.

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Section 465-2, HRS, license required, and section 465-15, HRS, prohibited acts; penalties, to the extent necessary to waive the licensure and accompanying requirements so as to permit psychologists licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients.

Section 466D-3, HRS, license required, and section 466D-9, HRS, licensure by endorsement, to the extent necessary to allow an out-of- state respiratory therapist with a current and active license, or those previously licensed pursuant to Chapter 466D, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 466J-4, HRS, licenses required, section 466J-5, HRS, radiographers, radiation therapists, and nuclear medicine technologists, qualifications and licenses, section 11-44-3, HAR, licenses required, section 11-44-4, HAR, application for license, and section 11-44-5, HAR, minimum eligibility requirements for license, to the extent necessary to allow an out-of- state radiographer, radiation therapist, or nuclear medicine technologist, with a current and active registration or certification in good standing with the American Registry of Radiologic Technologists (ARRT) in radiography, radiation therapy technology, or nuclear medicine technology or with the Nuclear Medicine Technology Certification Board (NMTCB) in nuclear medicine technology; or those previously licensed pursuant to Chapter 466J, HRS, but who are no longer current and active, to practice in Hawaiʻi without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or other health care entity that possesses a current and valid radiation facility license. Facilities are required to submit to the Radiologic Technology Board the following information for individuals performing radiologic technology under this exemption: full name; ARRT, NMTCB or previous license

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number; and a photocopy of the current ARRT or NMTCB credential card or defunct license (if available).

Section 467E-5, HRS, licensed required, and section 467E-13, HRS, prohibited acts; penalties, to the extent necessary to waive the licensure and accompanying requirements so as to permit social workers licensed in their state, but not licensed in Hawai‘i, who have pre-established relationships with a patient or client currently residing in the State of Hawai‘i, to engage in telehealth practices with these patients. This shall not authorize out-of-state mental health professionals who are not licensed in Hawai‘i to solicit or establish new relationships with clients or patients located in Hawai‘i.

Section 468E-3, HRS, practice as speech pathologist or audiologist; title or description of services, section 468E-4, HRS, persons and practices not affected, section 468E-8, HRS, license, section 16-100-12, HAR, registration required, and section 16-100-16, HAR, general requirements, to the extent necessary to allow an out-of-state speech pathologist or audiologist with a current and active license, or those previously licensed pursuant to Chapter 468E, HRS, but who are no longer current and active, to practice in Hawai‘i without a license; provided that they have never had their license revoked or suspended and are hired by a state or county agency or entity, or by a hospital, including related clinics and rehabilitation hospitals, nursing home, hospice, pharmacy, clinical laboratory, or other health care entity.

Section 471-10, HRS, refusal to grant and revocation or suspension of license, to the extent necessary to enable veterinarians to engage in telehealth without a previously existing Veterinarian-Client-Patient-Relationship or physical examination of the patient.

Chapter 481I, HRS, motor vehicle express warranty enforcement (lemon law), to the extent necessary such that, at the sole discretion of the Department of Commerce and Consumer Affairs, any arbitration hearing may be conducted by telephone or video conference without the parties, arbitrator, or department being physically present in the same location; any deadlines, including but not limited to, the lemon law rights period under section 481I-2,

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HRS, may be extended, waived, or suspended; and any hearing procedures, including but not limited to, submission of documents or service, may be done via telephone or email.

D. Division 3. Property; Family

Chapter 501, HRS, land court registration, and related court or administrative rules, to the extent necessary such that the Registrar of the Bureau of Conveyances, in his sole discretion and for the purpose of facilitating the recording functions of the Bureau of Conveyances, may suspend recording requirements calling for certified copies of court records, or any other recording requirements that cannot be satisfied under the current emergency conditions, including but not limited to recording requirements which may require close physical contact.

Chapter 502, HRS, bureau of conveyances; recording, and related court or administrative rules, to the extent necessary such that the Registrar of the Bureau of Conveyances, in his sole discretion and for the purpose of facilitating the recording functions of the Bureau of Conveyances, may suspend recording requirements calling for certified copies of court records, or any other recording requirements that cannot be satisfied under the current emergency conditions, including but not limited to recording requirements which may require close physical contact.

Section 572-1(7), HRS, requisites of valid marriage contract, to the extent necessary to suspend the requirement that the parties to be married and the person performing the marriage ceremony be physically present at the same place and time for the marriage ceremony. During the time that this emergency order is effective, marriage ceremonies may be performed by synchronous, real- time, interactive audio and video telecommunications, so long as the parties to be married and the person performing the marriage ceremony shall all be physically present in Hawai‘i and all of the other requisites for a valid marriage contract are met. This suspension shall apply retroactively to March 4, 2020, the beginning of the disaster emergency relief period.

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Section 572-6, HRS, application; license; limitations, to the extent necessary to suspend the requirement that persons applying for a marriage license shall appear personally before an agent authorized to grant marriage licenses. During the time that this emergency order is effective, persons applying for a marriage license may appear by synchronous, real-time, interactive audio and video telecommunications before an agent authorized to grant marriage licenses.

Chapter 576E, HRS, administrative process for child support enforcement, and related administrative rules, to the extent necessary such that, at the sole discretion of the Department of the Attorney General or the Child Support Enforcement Agency, the agency may sign an order temporarily suspending or modifying child support obligations without the need to commence administrative proceedings when all parties are in mutual agreement.

Section 11-219-7.5(e), HAR, renewal of parking permits, to the extent that the six-year recertification for special license plates shall be suspended if such recertification becomes due during the emergency period.

E. Division 4. Courts and Judicial Proceedings
Nothing suspended or invoked by this Proclamation.
F. Division 5. Crimes and Criminal Proceedings
Sections 706-669, 706-670, and 706-670.5, HRS, disposition of

convicted defendants, to the extent that these sections and related administrative rules prescribe time limits for matters before the Hawaii Paroling Authority.

Chapter 712A, HRS, forfeiture, to the extent necessary to provide petitioners, owners, law enforcement agencies, prosecutor, or the Attorney General, relief from any statutory deadlines.

Chapter 846E, HRS, registration of sex offenders and other covered offenders and public access to registration information, to the extent necessary to suspend any requirement that a covered offender must come into close physical contact with an agency with jurisdiction, the attorney general, or chief of police, or their designees to satisfy any element of this section.

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VI. Severability

If any provision of this Proclamation is rendered or declared illegal for any reason, or shall be invalid or unenforceable, such provision shall be modified or deleted, and the remainder of this Proclamation and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law.

I FURTHER DECLARE that the disaster emergency relief period shall continue through July 31, 2020, unless terminated or extended by a separate proclamation, whichever shall occur first.

APPROVED:

____________________________

Clare E. Connors

Attorney General State of Hawaiʻi

Done at the State Capitol, this 10th day of June, 2020.

_______________________

DAVID Y. IGE,

Governor of Hawaiʻi

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EXHIBIT A
Restatement of Executive Order No. 20-05

EXHIBIT B
Federal Critical Infrastructure Sectors

EXHIBIT C
CDC Cloth Face Covering Recommendation

EXHIBIT D
Rules Relating to COVID-19 Travel Quarantine

EXHIBIT E

Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules

EXHIBIT F
Rules Relating to Notaries Public (amended June 1, 2020)

EXHIBIT G
State Roadmap to Recovery and Resilience

EXHIBIT H Sunshine Law and UIPA

EXHIBIT I
Rules Relating to Safety Guidelines for Barbers and Beauty Operators

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EXECUTIVE ORDER NO. 20-05

By the authority vested in me by the Constitution and the laws of the State of Hawai‘i, I, David Y. Ige, Governor of the State of Hawai‘i, hereby order the following, effective on the date of this Executive Order to and including the date that the emergency ceases:

1. For the purposes of this Executive Order, the following terms are defined as set forth below:

1. “Health care facility” means any program, institution, place,
   building, or agency, or portion thereof, private or public, other than federal facilities or services, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. The term includes but is not limited to facilities licensed or certified by DOH pursuant to section 321-11(10), Hawaii Revised Statutes (HRS), and others providing similarly organized services regardless of nomenclature, and any state government-operated site providing health care services established for the purpose of responding to the COVID-19 outbreak.
2. “Health care professional” means physicians and surgeons and others licensed pursuant to chapter 453, podiatrists licensed pursuant to chapter 463E, dentists licensed pursuant to chapter 448, psychologists licensed pursuant to chapter 465, nurses licensed pursuant to chapter 457, veterinarians licensed pursuant to chapter 471, acupuncturists licensed pursuant to chapter 436E, massage therapists licensed pursuant to chapter 452, naturopathic physicians licensed pursuant to chapter 455, chiropractors licensed pursuant to chapter 442, occupational therapists licensed pursuant to chapter 457G, physical therapists licensed pursuant to chapter 461J, respiratory therapists licensed pursuant to chapter 466D, speech pathologists or audiologists licensed pursuant to chapter 468E, and pharmacists licensed pursuant to chapter 461 who (i)

EXHIBIT A

are providing health care services at a health care facility in response to the COVID-19 outbreak and are authorized to do so; or (ii) are working under the direction of the Hawai‘i Emergency Management Agency (HIEMA) or Hawai‘i Department of Health (HDOH) pursuant to my Proclamation issued on March 4, 2020, Supplementary Proclamation issued on March 16, 2020, Second Supplementary Proclamation issued on March 21, 2020, Third Supplementary Proclamation issued on March 23, 2020, or any Executive Order or Supplementary Proclamations related to the COVID-19 outbreak (hereinafter collectively referred to as Emergency Proclamations).

c. “Health care volunteer” means all volunteers or medical, nursing, social work, pharmacy, occupational, physical, or respiratory therapist students who do not have licensure who (i) are providing services, assistance, or support at a health care facility in response to the COVID-19 outbreak and are authorized to do so; or (ii) are working under the direction of HIEMA or HDOH pursuant to my Emergency Proclamations.

2. Pursuant to sections 127A-12(a)(5) and 663-1.5, HRS, I direct all health care facilities, health care professionals, and health care volunteers, as defined in section 1 of this Executive Order, to render assistance in support of the State’s response to the disaster recognized by the Emergency Proclamations. For health care facilities, “rendering assistance” in support of the State’s response includes cancelling or postponing elective surgeries and procedures as each facility determines to be appropriate under the circumstances presented by the COVID-19 emergency if elective surgeries or procedures are performed at the health care facility. In addition, for health care facilities, “rendering assistance” in support of the State’s response must include measures such as increasing the number of beds, preserving personal protective equipment, or

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EXHIBIT A

taking necessary steps to prepare to treat patients with COVID-19. For health care professionals, “rendering assistance” in support of the State’s response means providing health care services at a health care facility in response to the COVID-19 outbreak, or working under the direction of HIEMA or HDOH pursuant to the Emergency Proclamations. For health care volunteers, “rendering assistance” in support of the State’s response means providing services, assistance, or support at a health care facility in response to the COVID-19 outbreak, or working under the direction of HIEMA or HDOH pursuant to the Emergency Proclamations.

3. Pursuant to sections 127A-9 and 127A-12(a)(5), HRS, I direct that during the pendency of the Emergency Proclamations, health care facilities, as defined in section 1 of this Executive Order, that in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death or injury to persons, or property damage alleged to have been caused by any act or omission by the health care facility, which death of or injury to persons, or property damage occurred at a time when the health care facility was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such death or injury to persons, or property damage was caused by willful misconduct, gross negligence, or recklessness of the health care facility.
4. Pursuant to sections 127A-9 and 127A-12(a)(5), HRS, I direct that during the pendency of the Emergency Proclamations, health care professionals, as defined in section 1 of this Executive Order, who in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death or injury to persons, or property damage alleged to have been caused by any act or omission by the health

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EXHIBIT A

care professional, which death of or injury to persons, or property damage occurred at a time when the health care professional was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such death or injury to persons, or property damage was caused by willful misconduct, gross negligence, or recklessness of the health care professional.

5. Pursuant to sections 127A-9 and 127A-12(a)(5), Hawaii Revised Statutes, I direct that during the pendency of the Emergency Proclamations, any health care volunteer, as defined in section 1 of this Executive Order, who in good faith comply completely with all state and federal orders regarding the disaster emergency, shall be immune from civil liability for any death of or injury to persons, or property damage alleged to have been caused by any act or omission by the health care volunteer at a time when the health care volunteer was engaged in the course of rendering assistance to the State by providing services, assistance, or support in response to the COVID-19 outbreak, unless it is established that such death of or injury to persons, or property damage was caused by the wilful misconduct, gross negligence, or recklessness of the health care volunteer.
6. Nothing in this Executive Order shall be construed to preempt or limit any applicable immunity from civil liability available to any health care facility, health care professional, or health care volunteer.
7. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this

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EXHIBIT A

purpose, the provisions of this Executive order are declared to be severable.

This order is in accordance with and incorporates by reference my Proclamation issued on March 4, 2020; Supplementary Proclamation issued on March 16, 2020; Second Supplementary Proclamation issued on March 21, 2020, Third Supplementary Proclamation issued on March 23, 2020, Fourth Supplementary Proclamation issued on March 31, 2020, and Fifth Supplementary Proclamation issued on April 16, 2020.

The provisions of this order shall remain in effect for the emergency period, unless terminated by separate proclamation, whichever shall occur first.

APPROVED:

____________________________

CLARE E. CONNORS

Attorney General State of Hawai‘i

Done at the State Capitol this 16th day of April, 2020

______________________________

DAVID Y. IGE Governor of Hawai‘i

EXHIBIT A

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EXHIBIT B

U.S. Department of Homeland Security

Cybersecurity & Infrastructure Security Agency

Office of the Director

Washington, DC 20528

May 19, 2020 ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL

INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE

FROM: Christopher C. Krebs Director

Cybersecurity and Infrastructure Security Agency (CISA)

As the Nation comes together to slow the spread of COVID-19, on March 16th the President issued updated Coronavirus Guidance for America that highlighted the importance of the critical infrastructure workforce.

The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security’s authorities to secure critical infrastructure. Consistent with these authorities, CISA has developed, in collaboration with other federal agencies, State and local governments, and the private sector, an “Essential Critical Infrastructure Workforce” advisory list. This list is intended to help State, local, tribal and territorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. Decisions informed by this list should also take into consideration additional public health considerations based on the specific COVID-19-related concerns of particular jurisdictions.

This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion.

The advisory list identifies workers who conduct a range of operations and services that are typically essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing operational functions, among others. It also includes workers who support crucial supply chains and enable functions for critical infrastructure. The industries they support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, and public works

1

State, local, tribal, and territorial governments are responsible for implementing and executing response activities, including decisions about access and reentry, in their communities, while the Federal Government is in a supporting role. Officials should use their own judgment in issuing implementation directives and guidance. Similarly, while adhering to relevant public health guidance, critical infrastructure owners and operators are expected to use their own judgement on issues of the prioritization of business processes and workforce allocation to best ensure continuity of the essential goods and services they support. All decisions should appropriately balance public safety, the health and safety of the workforce, and the continued delivery of essential critical infrastructure services and functions. While this advisory list is meant to help public officials and employers identify essential work functions, it allows for the reality that some workers engaged in activity determined to be essential may be unable to perform those functions because of health-related concerns.

CISA will continue to work with our partners in the critical infrastructure community to update this advisory list if necessary as the Nation’s response to COVID-19 evolves.

Should you have questions about this list, please contact CISA at CISA.CAT@cisa.dhs.gov.

Attachment: “Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 3.1”

EXHIBIT B

2

Rules Relating to COVID-19TravelQuarantine

1. §1  Purpose and authority
2. §2  Mandatory Quarantine
3. §3  Costs to be Paid by Quarantined Person
4. §4  Criminal Penalties

§1 Purpose and Authority. These rules are adopted pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii Revised Statutes, to respond to the COVID-19 emergency declared by the Governor and have the force and effect of law.

§2 Mandatory Quarantine. All persons entering the State shall be subject to mandatory self-quarantine, except those persons performing emergency response or critical infrastructure functions who have been exempted by the Director of Emergency Management. The period of self-quarantine begins from the time of entry into the State and lasts 14 days or the duration of the person’s presence in the State, whichever is shorter. Any person subject to such quarantine violates this section if the person intentionally or knowingly:

(a) fails to enter or remain within the confines of the quarantine location designated by the person to the Director of Emergency Management or the Director’s authorized representative for the period of self­ quarantine; or

(b) fails to obey the orders of the Director of Emergency Management or the Director’s authorized representative.

§3 Costs to be Paid by Quarantined Person. Any person under the mandatory self-quarantine prescribed by these rules shall be responsible for all costs associated with that person’s quarantine, including transport, lodging, food, medical care,
and any other expenses to sustain the person during the self­ quarantine period.

§4 Criminal Penalties. (a) Any person violating any of these rules shall be guilty of a misdemeanor and upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both.

(b) Penalties prescribed by these rules are in addition to any other lawful penalties established by law.

EXHIBIT D

Rules Relating to Child Care Services Under Chapter 17-798.2, Hawaii Administrative Rules

1. §1    Purpose and authority
   

2. §2    Eligibility requirements
   

3. §3    Method of computing child care payment
   

4. §4    Mandatory Reporting
   

§1 Purpose and authority. These rules are adopted pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii Revised Statutes, to respond to the COVID-19 emergency declared by the Governor. The following amendments are necessary to enable the Department of Human Services to assist families who need child care services due to impacts of the COVID-19 pandemic emergency. These rules have the force and effect of law.

§2 Eligibility requirements. Section 17-798.2-9, Hawaii Administrative Rules, is amended to read as follows:

Ҥ17-798.2-9 Eligibility requirements. (a) Depending upon availability of funds, all children eligible for child care assistance shall reside with the eligible caretaker and meet the following requirements:

     (1)  Be under age thirteen years;

2. (2)  Be thirteen through seventeen years of age with aphysical or mental incapacity that prevents thechild from doing self-care; or
3. (3)  Receive child protective services, and the needfor child care is specified in the family unit’scase plan as ordered by the court.

(b) A caretaker shall be eligible for child care,

provided the caretaker:
(1) Has a monthly gross income verified through

documentation that does not exceed eighty-five percent of the State Median Income for a family of the same size except for:

(A) Individuals who are licensed by the department or organizations under the authority of the department, as foster parents; [or]

2. (B)  Family units receiving child protective services; [and] or
3. (C)  Family units impacted by any federal-, state-, or county-declared emergency proclamation related to a man-made or

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natural disaster, or public health

pandemic situation;
(2) Meets one of the following conditions:

(A) Is engaged in employment in exchange for wages or salary;

(B) Has a written offer of employment that is scheduled to start within two weeks;

(C) Needs child care for up to thirty calendar days during a break in employment, if employment is scheduled to resume within thirty days;

(D) Needs up to thirty consecutive days in a twelve-month period for the caretaker with or without a work history to job search, when there is no one to care for the child, not to exceed the maximum child care rates as provided under section 17-798.2-12;

(E) Is enrolled in and attends an educational program or job training, vocational, or employment training. This includes the break time between classes for the day;

(F) Is participating in the FTW program or a treatment program as required by section 17-656.1-10, except for a participant in the Food Stamp Employment and Training program, and the FTW participant is involved in the required activities written in the FTW employment or individualized service plan;

7. (G)  Is receiving child protective services and the need for child care is specified in the family unit’s case plan as ordered by the court;
8. (H)  Is in a two-parent family unit where one of the caretakers is in an approved activity and the other caretaker is determined to have a disability which prevents the caretaker from providing care for their own child. Proof of disability and inability to provide care of the caretaker’s own eligible child shall be verified by the written report of a State-licensed physician, psychologist, or psychiatrist. In the

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case of a temporary disability, the written report shall be submitted every six months;

(I) Is a caretaker participating in an approved activity and has a temporary disability that prevents him or her from engaging in that activity and providing care for his or her own child until the activity can be resumed. Proof of the temporary disability condition and duration, and inability to care for the caretaker’s own child shall be verified by the written report of a State-licensed physician, psychologist, or psychiatrist. The written report shall be reviewed every thirty days;

(J) Is a caretaker whose child is approved for participation in the Preschool Open Doors program; [or]

(K) Is a caretaker under the age eighteen years who meets any eligibility condition cited in section 17-798.2- 9(b)(2)(A) through (J), retains custody of his or her own child, and does not reside in the same household with his or her adult caretaker[.]; or

(L) Is a caretaker impacted by any federal- , state-, or county-declared emergency proclamation related to a man-made or natural disaster, or public health pandemic situation and who needs child care to search for employment or prepare for resuming employment; and

(3) Shall establish a reasonable relationship between the time during which the caretaker participates in an activity and the time during which child care is needed.

(c) Child care providers and caregivers:
(1) Shall meet the following conditions in order that

child care payments may be authorized:
(A) Be eighteen years old or older;
(B) Afford caretakers unlimited access to their

children, including written records concerning their children, during normal hours of provider operation and whenever the children are in the care of the provider;

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(C) Be a department regulated or license-exempt child care provider, including in-home care providers. License-exempt providers shall be listed with the department and shall submit a written statement to the department that shall attest to their:

(i) Willingness to provide care; (ii) Rate that will be charged;
(iii) Assurance that the provider

premises are safe from hazards in accord with subparagraphs (G) and (H); and

(iv) Address and telephone number;

4. (D)  Have no known history of child abuse orneglect, physical, psychological or psychiatric problems, or criminal convictions that may adversely affect or interfere with the care of children;
5. (E)  Provide consent, on forms supplied by the department, to conduct a background check. The background check shall be conducted in accord with sections 17-891.1-3, 17-892.1-3, 17-895-3, or 17-896-3;Provide consent, on forms supplied by the department, to conduct an additional fingerprint check through the Federal Bureau of Investigations (FBI), except for the child’s grandparents, great-grandparents, siblings living in a separate residence and who are at least eighteen years old, and aunts or uncles;

(F) Be free of tuberculosis as indicated by a skin test or chest x-ray completed within the last twenty-four months of child care; and

(G) Have a child care facility or home with an installed smoke detector, unobstructed emergency exits, and an emergency exit plan.

(2) Shall not be one of the following:
(A) Parents, biological or legal;
(B) Step-parents living in the household; (C) Guardians, or members of the family unit

that receives government financial assistance payments, including essential persons;

(D) Providers who are not in compliance with State or county regulatory requirements;

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EXHIBIT E

5. (E)  Individuals under the age of eighteen years;
6. (F)  Other individuals determined by the

                  department to pose a risk to the health and
   

                  safety of the child;
   

7. (G)  A sibling of the child needing care who

                  resides in the same home as the child; or
   

(H) A caretaker.

     (d)  The department shall:
     (1)  Verify that the child and caretaker meet the

          eligibility requirements as described in this

          chapter;
     (2)  Establish the eligibility of the child care

provider and caregiver selected by the caretaker, following the provisions of section 17-798.2- 9(c).

3. (3)  Allow, at the department’s option, for the presumptive eligibility of a license-exempt provider selected by the caretaker upon receipt by the department of the completed and signed child care certificate and provider confirmation forms and consent forms for conducting a background check, provided that the presumptive eligibility shall end upon completion of the background check;
4. (4)  Authorize the initial and subsequent monthly child care payments based on sections 17-798.2-9, 17-798.2-10, 17-798.2-12, 17-798.2-13, 17-798.2- 14, 17-798.2-15,17-798.2-16, 17-798.2-17, 17- 798.2-18, 17-798.2-20, 17-798.2-21, 17-798.2-29, and 17-798.2-35;
5. (5)  Review eligibility no less than every six months and whenever changes that affect eligibility are reported; and
6. (6)  Track and monitor appropriateness and utilization of child care and payments.”

§3 Method of computing child care payment. Section 17-798.2-14,

Hawaii Administrative Rules, is amended to read as follows:

Ҥ17-798.2-14 Method of computing child care payment. (a) The following will be used to compute the child care payment:

(1) Monthly gross income;
(2) The caretaker’s hours of activity, except for

individuals identified in sections 17-798.2- 9(b)(2)(G) [and], (J), and (L)[:];

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3. (3)  The caretaker’s relationship to the child who reside with the caretaker, and the age of the child who needs care;
4. (4)  The child care provider;

(5) The cost and hours of child care;
(6) The type of child care; and
(7) The need for care.
(b) The child care payment amount shall be determined

by:
(1) Counting the caretaker’s activity hours to be

engaged in for the month, as referenced in section 17-798.2-14(a)(2), comparing these activity hours with the child care hours needed, and always choosing the lesser hours; provide that:

(A) This is not needed for child protective services reasons as ordered by the court;

     (B)  This is not required for the Preschool Open
          Doors program; [and]

(C) In the case of a caretaker who is temporarily disabled in accordance with subparagraph 17-798.2-9(b)(2)(I), the activity hours shall be the same as the activity hours that the caretaker had prior to the temporary disability[.]; and

(D) This is not required for a caretaker impacted by any federal-, state-, or county- declared emergency proclamation related to a man-made or natural disaster, or public health pandemic situation and who needs child care to search for employment or prepare for resuming employment.

(2) Identifying the type of child care selected and approved for each qualifying child, and using the child care rate table, Exhibit I, to select the appropriate rate for the care type that supports the hours needed for child care; provided that: (A) For child protective services need is based

          on the number of hours of child care

          specified in the court order; [and]
     (B)  For the Preschool Open Doors program need is

          based on the number of hours child care

requested by a caretaker[.]; and
(C) For a caretaker impacted by any federal-,

state-, or county-declared emergency proclamation related to a man-made or

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natural disaster, or public health pandemic

situation, need is based on full-time care.

3. (3)  Comparing the child care allowance determined by

             subparagraphs (b)(1) and (2) and the actual child
   

   care cost, and choosing the lesser amount.

4. (4)  Determining the family unit’s co-payment(conversely, the percentage of the department’s maximum rate allowable) based on the family unit’s monthly gross income, and using the co- payment rates established in Exhibit III, dated October 1, 2009, attached at the end of this chapter.
5. (5)  Subtracting the family unit’s co-payment from the amount determined in subparagraph (b)(3).

(c) The family unit shall be responsible for any child care costs in excess of the maximum child care rates specified in section 17-798.2-12.

(d) The family unit shall be responsible to pay its share of the childcare cost directly to the provider.

(e) The department shall project the family unit’s eligibility and monthly payments prospectively for the eligibility period.

(1) The initial payment shall be calculated from the date of eligibility to the end of the month, which may be for less than a full month, and shall be considered the first month of the eligibility period.

(2) When changes are reported during the eligibility period, the monthly payments shall be prospectively calculated for the remainder of the eligibility period.”

§4 Mandatory reporting. Section 17-798.2-15, Hawaii Administrative Rules, is amended to read as follows:

Ҥ17-798.2-15 Mandatory reporting.(a) A caretaker who is a recipient of child care payments shall be responsible to report to the department within ten calendar days when the following changes occur:

(1) Monthly gross income and the source of the household income when it is in excess of the eighty-five per cent of the State Median Income for a family of the same size, except for:

(A) Department-licensed foster parents with approved activities that need child care; [or]

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(B) Family units that receive child protective services[.]; or

(C) Family units that are impacted by any federal-, state-, or county-declared emergency proclamation related to a man-made or natural disaster, or public health pandemic situation.

(2) Address changes, including: (A) Place of residence; and (B) Mailing address;

(3) Household composition; (4) Marital status;
(5) Child care provider; (6) Cost of care;

     (7)  Child care type;

8. (8)  Loss of activity,
   1. (A)  Except for family units that receive only Preschool Open Doors services; [or]
   2. (B)  Except for family units that receive child protective services; [and] or
   3. (C)  Except for family units that are impacted by any federal-, state-, or county-declared emergency proclamation related to a man-made or natural disaster, or public health pandemic situation; and
9. (9)  Closure of the child protective services case.

(b) Changes may be reported in writing, in person, or by telephone, and shall be supported by verifying documentation.

(c) When changes are reported pursuant to this section, the department shall take action on the reported changes and calculate payments for the balance of the eligibility period, after timely and adequate notice.

(1) Changes that are reported within ten calendar days of the occurrence shall be implemented in the first month following the month in which the change was reported;

(2) Changes that are reported after ten calendar days of the occurrence, that result in a higher payment, shall be implemented in the second month following the month in which the change was reported; and

(3) Changes that are reported that result in a lower payment shall be implemented in the first month following the month in which the change was reported, and the department shall recover any overpayments from the date of the occurrence.”

EXHIBIT E

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                     Rules Relating to Notaries Public

§1 Purpose and authority
§2 Social distancing

§1 Purpose and authority. These rules are adopted pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii Revised Statutes, to respond to the COVID-19 emergency declared by the Governor, specifically to enable Hawaii notaries to perform notarial acts while complying with social distancing guidelines. These rules have the force and effect of law.

§2 Social distancing. (a) The notary public shall take every reasonable precaution to perform notarial acts in compliance with all orders and social distancing guidelines relating to the COVID-19 emergency.

(b) Notaries public will not be required to perform notarial acts if they believe social distancing guidelines to ensure health and safety cannot be followed.

§3 Notarial Acts Utilizing Audio-Visual Technology. Notarial acts may be performed by utilizing audio-visual technology, provided there is compliance with the following conditions:

1. (1)  The notary public shall have personal knowledge of the signer or obtain satisfactory evidence of the identity of the signer by requiring presentation of a current government-issued identification card or document that contains the signer’s photograph and signature to the notary public during the video conference.Transmittal of the signer’s identification for purposes of verification to the notary public prior to or after the video conference shall not satisfy this condition;
2. (2)  The notary public shall confirm via observation during the video conference that the signer appears to be aware of significance of the transaction requiring a notarial act and is willing to perform such a transaction;
3. (3)  The video conferencing shall allow for direct interaction between the person and the notary public and shall not be pre-recorded;

EXHIBIT F

EXHIBIT F

4. (4)  The notary public shall confirm as is reasonably possible that the signer is physically situated in this State;
5. (5)  The notary public shall create an audio-visual recording of the performance of the notarial act, which shall be kept as part of the notary public’s record and stored as an unsecured audio-visual recording or on a secured external digital storage such as a flash drive, DVD, or external hard drive;
6. (6)  The notary public shall deposit with the office of the attorney general the external digital storage and the notarial record books within ninety days of the notary public’s date of the resignation, expiration of any term of office as a notary, or removal from or abandonment of office as a notary. The notary public’s representative shall provide the same upon the notary public’s death;
7. (7)  The notary public shall obtain the signed document that requires notarization by fax or electronic format on the same date it was signed within fourteen days of signing and the notarization date shall be the same as the date of signature;
8. (8)  The notary public may notarize the transmitted copy of the document and transmit the same back to the signer;
9. (9)  The notary public shall add a statement to the notarized document as follows: “This notarial act involved the use of communication technology enabled by emergency order”;
10. (10)  The notary public shall enter in the record book that the notarial act was performed pursuant to Executive Order 20-02; and
11. (11)  The notary public may repeat notarization of the original signed document as of the date of execution provided the notary public receives such original signed document together with the electronically notarized copy within 60 days after the date of execution.2 of 2

Sunshine Law and UIPA

Chapter 92, HRS, Part I. Meetings, is suspended to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location. The physical locations of the board members need not be listed on the agenda.

Boards are discouraged from meeting during the emergency disaster relief period and should only be meeting as necessary to comply with a law, operational necessity, or in furtherance of emergency responses to COVID-19.

If a board holds a meeting:

•   Notice of meetings must be electronically posted and electronically provided to notification lists consistent with section 92-7; however, posting at the site of the meeting or at a centralized location in a public building is not required.
•   Board packets, consistent with Section 92-7.5, must be electronically posted as soon as practicable under current conditions.
•   Boards must accept written testimony from the public.
•   Boards must comply with the requirements to keep and electronicallypost meeting minutes consistent with Section 92-9.
•   The quorum requirements in Section 92-15 must be met for all meetings.If a board has the staffing, technological and other resources to hold a secure video-teleconference (i.e., video and audio), it must in good faith attempt to provide the public with the opportunity to observe the meeting as it happens and an opportunity to provide oral testimony. No board action shall be invalid if the board’s good faith efforts to implement remote technology for public observations and comments do not work.If a board does not have the staffing, technological or other resources to hold a secure video-teleconference (i.e., it is limited to audio only), it must provide the public with the opportunity to listen to the teleconference as it happens and should make a good faith effort to provide the public with the opportunity to provide oral testimony.Boards are encouraged to consider the following guidelines:

 Board members should be clearly visible and/or audible consistent with the remote technology used by the board.

EXHIBIT H

•   At the start of all meetings, the presiding officer should announce the names of the participating members.
•   For audio-only teleconferencing, each speaker should repeat their name before making remarks.
•   Votes should be conducted by roll call so that it is clear how each board member voted.
•   To preserve the executive nature of any portion of a meeting closed to the public, the presiding officer should confirm with staff that no unauthorized person is present and has access to the executive session.
•   When resources exist to readily do so, boards should record meetings and make the recordings electronically available to the public as soon as practicable after a meeting.Notwithstanding the above, board meetings whose agendas have already been noticed as of the date of this Proclamation may proceed under the provisions of the Sixth Supplemental Emergency Proclamation.Chapter 92F, HRS, uniform information practices act, and Chapters 71 and 73, Title 2 of the Hawaii Administrative Rules, are suspended to the extent they contain any deadlines for agencies, including deadlines for the OIP, relating to requests for government records and/or complaints to OIP. As resources permit, agencies are encouraged to respond to requests for government records (UIPA Requests). To balance the needs of the public with the resources available to government agencies during the COVID-19 crisis, agencies must comply with the following minimum requirements:

•   Agencies must acknowledge receipt of UIPA Requests. If a request is not acknowledged, the requester may ask the Office of Information Practices to verify that the agency received the UIPA Request.
•   Agencies must retain UIPA Requests and may not destroy requested records while a UIPA Request is pending.
•   As resources permit, agencies shall in good faith:

o respond to UIPA Requests for information that do not require

redaction or substantial review of records without substantial delay;

and
o prioritize responding to UIPA Requests made in the public interest

where the requestor has the primary intent and actual ability to widely disseminate the requested information to the general public.

EXHIBIT H

 Requests for government records not answered during the emergency relief period must be answered in a reasonable period of time when the suspension of laws is lifted.

EXHIBIT H

RULES RELATING TO SAFETY GUIDELINES FOR BARBERS AND BEAUTY OPERATORS

1. §1    Purpose and authority
   

2. §2    Social distancing
   

3. §3    Definitions
   

4. §4    Barber shops and beauty shops; sanitation
   

5. §5  COVID-19 infection mitigation and social distancing;

        preopening and ongoing safety protocol
   

6. §6  Closures

§1 Purpose and authority. These rules are adopted pursuant to sections 127A-12, 13, 25, 29, and 31, Hawaii Revised Statutes, to respond to the COVID-19 emergency declared by the Governor, specifically to enable Hawaii licensed barbers and beauty operators to perform services while complying with social distancing guidelines. These rules have the force and effect of law.

§2 Social distancing. The barber or beauty operator shall take every reasonable precaution to operate in compliance with all orders and social distancing guidelines relating to the COVID-19 emergency.

§3 Definitions.
“Department” means Department of Commerce and Consumer

Affairs.
“Disinfection” means the process that eliminates many

or all pathogenic organisms, except bacterial spores, on inanimate objects.

“Operator” means barber as defined in section 438-1, Hawaii Revised Statutes and beauty operator as defined in section 439-1, Hawaii Revised Statutes.

“Sanitation” means the treatment of a clean surface for the destruction of micro-organisms including pathogens.

“Shop” means all barber shops as defined in section 438-1, Hawaii Revised Statutes and beauty shops as defined in section 439-1, Hawaii Revised Statutes.

“State” means the State of Hawaii.

“Sterilization” means a process

“Ventilation” means the production and maintenance by natural or mechanical means of atmospheric conditions

that destroys or

EXHIBIT I

eliminates all forms of microbial life by physical or

chemical methods.

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favorable to health and comfort.

§4 Barber shops and beauty shops; sanitation. (a) General sanitation requirements.

(1) No person shall operate a shop in connection with any other business or dwelling unless there is a partition from the floor to the ceiling, separating the shop from such other business or dwelling. Nothing here shall prohibit the sale of tobacco, newspapers, or shoe shining in shops.

2. (2)  No shop shall be used as a living, cooking, or sleeping facility, nor shall any such facility adjoining a shop have a direct opening into such shop.
3. (3)  Articles of food and beverages, except water, shall not be sold, kept for sale, or stored in any shop, and shops shall be separated by a tight partition or separate entry from any place where articles of food and beverages are sold, kept for sale, or stored.
4. (4)  The walls, floors, ceilings, furniture and fixtures, and all other parts and surfaces of every shop shall be kept clean at all times.
5. (5)  Every shop shall be kept in good repair, and shall be properly and adequately lighted and ventilated.
6. (6)  Every shop shall be provided with adequate sanitary facilities, including toilets, hot and cold running water, and sinks or wash basins. Plumbing shall comply with the applicable county plumbing code. Toilets shall be located in suitably and properly ventilated toilet rooms with self-closing doors.

(b) Sanitary practice requirements.

1. (1)  No operator shall use in any shop any astringentin lump or styptic pencil form, sponge, lump alum, powder puff, neck duster, shaving brush, or shaving mug on a customer.
2. (2)  No operator shall stop the flow of blood by using alum or other material unless applied in liquid form or in powdered form applied with a clean towel.
3. (3)  No operator shall use razors, shears, scissors, clippers, tweezers, finger bowls, or combs, or

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any like article on any customer unless the item has been thoroughly cleaned and disinfected since last used. All such instruments shall be thoroughly cleaned and disinfected by a method recommended by the Centers for Disease Control and Prevention, the Environmental Protection Agency, and/or the Occupational Safety and Health Administration. After disinfecting, instruments shall be stored in a manner to prevent contamination, or be disinfected again immediately before re-use.

All disinfectants shall be approved by the

Environmental Protection Agency.

4. (4)  No operator shall remove or attempt to removeany wart, mole, pimple, ingrown hair, or undertake any like treatment unless properly trained in medical science. Cleaning of ears is prohibited.
5. (5)  Every operator shall wash his or her hands thoroughly with soap and hot water and dry his or her hands with sanitary towels or hand drying devices immediately before attending any person, and shall wear at all times a clean uniform or outer coat or apron.
6. (6)  Towels or other fabrics that come in contact with the skin or hair of a customer shall not be used on more than one customer without being laundered in an acceptable manner or subjected to a sterilizing process approved by the Center for Disease Control and Prevention before again being used on a customer.
7. (7)  Prior to serving any customer, the headrest of any chair to be used by said customer shall be properly disinfected and covered with a clean towel or a clean sheet of paper.
8. (8)  All towels and other linens used in any shop shall be kept in a closed cabinet at all times when not in use.
9. (9)  All creams, tonics, cosmetics, and other applications used for customers shall be kept in clean closed containers.
10. (10)  A clean strip of cotton, towel, or paper band shall be placed around the neck of each customer served, so that at no time will hair, cloth, or cape come in contact with the neck or skin on the

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customer.
(11) No person shall commit any insanitary practice or

act in a shop sink or wash basin, such as brushing teeth, expectorating, or gargling.

§5 COVID-19 infection mitigation and social distancing; preopening and ongoing safety protocol. (a) Preopening safety protocols.

(1) Thoroughly clean and disinfect all fixtures, furnishings, equipment, doorways, work stations, and restrooms. Check and replace various filters such as heating, ventilation, air conditioning, and hair dryers. Disinfectants shall be EPA-registered and labeled as bactericidal, virucidal and fungicidal.

2. (2)  Evaluate the layout and arrange seats at least six feet apart. Consider adding spacing between booths, shampoo sinks, divider shields, sneeze shields, and/or alternative work schedules to accomplish this. Consider using the front and rear doorways to establish one- way traffic through the shop. Remove items such as candy dishes, self-serve coffee, product samples, magazines, and paper reading products from the common area.
3. (3)  Have hand sanitizer available for all employees and clients.
4. (4)  Take inventory of personal protective equipment (PPE), cleaning products, and EPA-registered disinfecting products, and order supplies, if necessary.
5. (5)  Establish new policies requiring employees to wear a face covering as described and recommended by the CDC at all times when in the shop, except while eating or drinking in a break room. Salons may consider providing face coverings to clients. Clients should wear a face covering as described and recommended by the CDC to the extent possible while receiving services.
6. (6)  Establish new schedules of employees and appointment policies to minimize the risk of overcrowding inside the shop. There should be no more than ten people in the shop at any time

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including staff, provided the six-feet social distancing requirements are met. These policies shall be in writing and shall be posted to advise the public of the new policies.

(7) Shop owners shall provide training, educational materials, and reinforcement on proper sanitation, hand-washing, cough and sneeze etiquette, and shall ensure that breakrooms are thoroughly cleaned and sanitized and not used for congregating by employees.

(b)  Ongoing Safety Considerations After Opening

1. (1)  Consider seeing clients by appointment only.Limit the number of persons in the waiting area of the shop. It is recommended that clients wait outside the shop until the operator is ready to serve them.
2. (2)  The use of a face covering as described and recommended by the CDC is mandatory for all employees at all times while in the shop. Placing a clean towel over the face of the client while at the sink is a good way to protect their mouth, nose and eyes. Minimize to the greatest degree possible, up-close, direct face-to-face contact with clients.
3. (3)  Before and after each client, require staff to wash hands with soap and water for at least 20 seconds; properly clean and disinfect all workstations, shampoo, manicure and pedicure bowls, implements, and tools; ensure single use and porous items, such as disposable capes or cardboard nail files, are new; and follow manufacturer’s requirements for product use, formulations, and/or disposal. Consider placing paper drapes or laundered towels on chairs.
4. (4)  Employees should frequently wash their hands after using the phones, computer, cash register or credit card machine. Wipe all surfaces between each use.
5. (5)  Advise employees and clients to stay at home if they are not feeling well. Consider pre- screening clients and ask if they have traveled outside the county or experienced any COVID-19 symptoms in the past 14 days. Decline services

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for any client that answers yes.
(6) Discontinue the practice of physical social

greetings, such as hugs or handshakes.
(c) Any Operator who contracts COVID-19 or any other

contagious or infectious disease in a communicable form shall not attend any person in any shop, nor shall any person afflicted with such disease in communicable form receive any treatment in any such establishment. Any operator afflicted with any such disease shall return to work in a shop only upon a written statement from a physician that it is safe for him or her to return to work.

§6 Closures. Upon inspection, if any shop is found in violation of these rules, it may be closed immediately by public health officials or by the Department.

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