The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. Nothing in all the world is more dangerous than sincere ignorance and conscious stupidity. - Martin Luther King Jr.

1. It Must Be A Fragile System If It Can Be Brought Down By Just A Few Berries
Katniss Everdeen,The Hunger Games
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BILL TO UNIFY TRAVEL RULES DRAWS OPPOSITION ON KAUAI
By Sophie Cocke, Honolulu Star Advertiser, February 10, 2021
<https://www.staradvertiser.com/2021/02/10/hawaii-news/bill-to-unify-travel-rules-draws-opposition-on-kauai/>
Hawaii lawmakers are considering a bill that would create a uniform and simplified travel
policy for visitors and residents returning to Hawaii or flying between islands. But the
measure, supported by the tourism industry and business trade groups, is eliciting opposition
on Kauai, where more stringent rules are in place to protect local residents from the COVID-
19 pandemic.
House Bill 1286 would exempt anyone entering the state or traveling between the islands from
mandatory quarantine requirements if they received a negative test from a state-approved
provider within 72 hours of the final leg of their departure. The bill also provides options for
people who arrive in the islands without the result of a test if it’s through no fault of their own.
Lee Evslin, a retired doctor and former CEO of Kauai's Wilcox Hospital, “What the experts
are essentially saying is that we are either in the eye of the storm or we really are in the
recovery mode — and we don't know if we are or not. It's a race, essentially, between the
ability to immunize and these variants taking over.” Evslin, who opposes the bill, said that
now isn’t the time to loosen restrictions.
The bill passed out of a joint hearing before the House Pandemic and Disaster Preparedness
Committee and House Labor and Tourism Committee. But it still faces hearings before two
more House committees before it can pass over to the Senate for consideration. It will likely
face a difficult path for approval, with neighbor island lawmakers already expressing
reservations Tuesday.
Rep. Angus McKelvey (D, Lahaina-Kaanapali-Honokohau) voted to pass the bill out of
committee but said he had “major concerns.”
Rep. Tina Wildberger (D, South Maui) voted against the bill. She said uniform travel rules
aren't necessarily going to be the magic bullet for tourism, noting that hotel occupancy on all
islands is extremely low, not just on Kauai. “I feel that the counties need to be able to retain
their autonomy,” she said.
HB1286
<https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1286&year=2021>
Measure Title: RELATING TO TRAVEL
Report Title: Statewide Safe Travels Program Exemption; COVID-19; Quarantine

2. Description: Exempts any person from the post-arrival mandatory self-quarantine if the person
receives a negative test result prior to arrival. Allows DOH to establish
conditions for exemption. Requires certain COVID-19 tests for travelers who do
not have a test result upon arrival to avoid mandatory self-quarantine. Requires
any person who receives a positive test for COVID-19 post-arrival to be
responsible for all costs associated with that person's mandatory self-quarantine.
Repeals on 12/31/2021. [Emphasis Supplied]
Companion:
Package: None
Current Referral: PDP/LAT, JHA, FIN
Introducers: Saiki, Aquino, Belatti, Cullen, Eli, Gates, Hashem, Hashimoto, Holt, Ichiyama,
Ilagan, Johanson, Kapela, Kitagawa, B. Kobayashi, D. Kobayashi, Lowen,
Matayoshi, McKelvey, Mizuno, Morikawa, Nakashima, Onishi, Quinlan, Tam,
Tarnas, Todd, Yamane, Yamashita
Status:
1/27/2021 H Introduced and Pass First Reading.
2/1/2021 H Referred to PDP/LAT, JHA, FIN, referral sheet 3
2/5/2021 H Bill scheduled to be heard by PDP/LAT on Tuesday, 02-09-21 8:30AM in House
conference room 309 Via Videoconference.
2/9/2021 H The committees on PDP recommend that the measure be PASSED, WITH
AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s)
Ichiyama, Eli, Cullen, Mizuno, Woodson, Yamashita; Ayes with reservations:
Representative(s) McKelvey, Ward; 1 Noes: Representative(s) Wildberger; and
Excused: none.
2/9/2021 H The committees on LAT recommend that the measure be PASSED, WITH
AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Onishi,
Sayama, Belatti, Holt, D. Kobayashi, Takayama, Okimoto; Ayes with
reservations: none; Noes: none; and 1 Excused: Representative(s) Quinlan.
____________________________________
TESTIMONY
4 Highlighted
<https://www.capitol.hawaii.gov/Session2021/Testimony/HB1286_TESTIMONY_PDP-LAT_02-09-21_.PDF>
James E Raymond
As a retired Deputy Attorney General, I can tell you this bill has a number of flaws,
primarily in the form of ambiguities and unanticipated consequences. But more importantly, it
forces Kauai to follow the unSafe Travels program that has already been found to cause
significant problems for that island -- why in the world would you want to spoil the only safe
harbor in Hawaii?

3. This bill would also remove the option for any other Mayor that decides to opt out of the
unSafe Travels program. The bill represents the worst kind of special interest micromanaging
by the legislature and ruins the ability of the Governor to react quickly and
decisively to the pandemic - please kill this bill.
____________________________________
Lynn Otaguro
While economic health is important, even more than the economy, people depend on their
government to take the steps that will protect the public health. And as these past months have
demonstrated, until public health issues and COVID-19 are addressed, the economy cannot
truly recover.
With this in mind, HB 1286 presents several concerns.
First, section 1(b) of this bill would codify practices, which even now, do not reflect the latest
guidance for safe travel.
Please see for example, the CDC guidance at <https://www.cdc.gov/coronavirus/2019-
ncov/travelers/testing-airtravel.html>.
However, greater concern lies in the sweeping provisions of section 1(a) of the bill which
require that the travel protocols in 1(b) precede and preempt all other laws, ordinances, rules,
orders, or proclamations. Section 1(a) provides:
Notwithstanding chapter 127A or any other law to the contrary, this Act shall take
precedence over all conflicting statutes concerning this subject matter and shall
preempt all contrary laws, ordinances, rules, orders, or proclamations adopted by
the State, a county, or any department or agency thereof.
Under this section, the worry is that as COVID-19 and circumstances change, we may be
locked into a protocol that is insufficient to protect the public health and lead to economic
recovery. One consequence of section 1(a) is that counties will no longer have the flexibility
to adjust their travel requirements to better protect their communities.
At present, the statewide requirements have provided for a floor, setting a level of protection
across the state, but allowing a county, such as Kauai, to provide more protection with the
governor's approval. This has allowed Kauai to stay at relatively low rates of infection and
limit community spread. In contrast, Maui has gone from relatively few cases prior to October
15, to consistently higher numbers since then.
If this bill is passed, all counties will be tied to the protocols in the bill and Kauai will no
longer be able to continue the practices that have kept its people safer. But perhaps more
troubling is the possibility that this bill will take away flexibility from even state leaders to
address a changing landscape. The language of section 1(a) of the bill appears to take away
even the governor's emergency powers to adjust the travel protocols through emergency
proclamation.

4. Our understanding of COVID-19 and how to protect against its transmission has been
evolving over time.
Now, we also see that the virus itself is changing and new variants, including the highly
contagious UK variant, are coming into the state. It is therefore critical to maintain the ability
to respond quickly to address the transmission of COVID-19. As our understanding of
COVID-19 continues to develop, it would be unwise to lock ourselves into travel protocols
that might no longer reflect scientific advice and that could harm the health of our people and
state.
For these reasons, I oppose this bill and I urge you to carefully consider, with the advice of
your attorneys and health experts, if this bill will achieve what is best for our state. Thank you
for your consideration.
____________________________________
STATE OF HAWAII, DEPARTMENT OF HEALTH
The Department of Health is able to provide technical and scientific guidance for exemptions
from testing requirements. However, the establishment of the conditions should be the
purview of the incident commander who would additionally incorporate other considerations,
including practicality and feasibility, when establishing the policies for exemptions.
Additionally, it is noted that the current language addresses responsibility for mandatory self-
quarantine costs for travelers who receive positive test results, but does not address who is
responsible for quarantine costs for travelers without positive test results but who have not
received and uploaded negative test results upon arrival.
The question of how mandatory quarantine will be implemented and enforced and with what
resources long term is unclear. The Department recommends the bill specify that the Safe
Travels program, administered by the incident commander, will implement and manage
implementation of travel-related quarantine.
________________________________
STATE OF HAWAII
DEPARTMENT OF DEFENSE
HAWAII EMERGENCY MANAGEMENT AGENCY (HI-EMA)
While HI-EMA understands the challenges of the COVID-19 emergency, HI-EMA feels that
this measure may not be necessary as the various counties already have a clear sense of how
they wish to handle quarantines and testing requirements for travelers. This has also been
addressed in the State emergency proclamations for this incident.
________________________________

5. WHAT DOES IT TAKE FOR A BILL TO BECOME A LAW IN HAWAII?
The Public Hearing Process
For a bill to become law in the State of Hawaii, a bill must pass three readings (votes) on the
floor of each chamber. But the process also asks that it move through every committee that it
is referred to, and committees consider the bill at public hearings. House rule 11.5 (4)
specifies that no bill shall be reported out of a committee unless it receives a public hearing,
and Senate rule 23 (4) asks at least one Senate committee to hold a public hearing on a bill
before it is passed out of the Senate. Public hearings are an integral part of the Legislature's
work at the Capitol and key to the public's participation in the legislative process. They
provide individuals and interest groups with an opportunity to share their thoughts, views,
opinions, and perspectives on measures under consideration by a committee, and allow
committees to gather information and publicly make recommendations on those measures.
Source: Hawaii Legislative Reference Bureau, Public Access Room
<https://lrb.hawaii.gov/par/overview-of-the-legislative-process/what-does-it-take-for-a-bill-to-become-a-law-in-hawaii>