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Supplementary Emergency Proclamation Regarding Price Gouging

Post Date:03/11/2020 5:01 PM

SUPPLEMENTARY EMERGENCY PROCLAMATION

WHEREAS, Chapter 127A Hawaiʻi Revised Statutes, provides for the establishment of emergency management and disaster relief, including the Mayor having direct responsibility and authority over emergency management within the County; and

WHEREAS, Chapter 127A Hawaiʻi Revised Statutes and Chapter 7, Articles 1 and 2 of the Hawaiʻi County Code, establishes a Civil Defense Agency within the County of Hawaiʻi and prescribes its powers, duties, and responsibilities, and Section 13-23 of the Hawaiʻi County Charter empowers the Mayor of the County to declare emergencies; and

WHEREAS, on February 28, 2020, the Mayor of the County of Hawaiʻi issued an Emergency Proclamation declaring a state of emergency due to the outbreak of COVID-19 virus being recognized as a public health emergency of international concern and a public health emergency for the United States; and

WHEREAS, on March 4, 2020, the Governor of the State of Hawaiʻi issued an Emergency Proclamation declaring a state of emergency based upon the actions and directives of the President of the United States, the World Health Organization, the United States Centers for Disease Control and Prevention, and current conditions warranting preemptive and protective actions related to the outbreak of COVID-19 virus; and

WHEREAS, due to the possibility of imminent emergency or disaster due to bodily injury to residents of Hawaiʻi Island, and the need for government agencies and representatives from the private sector to mobilize and provide financial and other immediate services to our island residents, a state of emergency is authorized pursuant to Chapter 127A Hawaiʻi Revised Statutes, and Chapter 7, Hawaiʻi County Code; and

WHEREAS, Section 127A-30, Hawaiʻi Revised Statutes, as amended, prohibits increase in the selling price of any commodity, whether at the retail or wholesale level, in the area covered by and during the period of the Emergency Proclamation.

NOW, THEREFORE, I, HARRY KIM, Mayor of the County of Hawaiʻi, do hereby proclaim and declare that a state of emergency exists due to the imminent danger or threat of emergency on the Hawaiʻi Island and hereby authorize and invoke the following measures under Hawaiʻi Revised Statutes, as amended:

Section 127A-30.  There shall be prohibited any increase in the selling price of any commodity, whether at the retail or wholesale level in the County of Hawaiʻi.  This prohibition shall continue during the Proclamation period for all:

  1. Food, water, or ice; 
  2. Medical supplies, medical protective measures, medications, vitamins, or any other commodity intended to help the population stay well, recover from any illness, or protect them from any illness; 
  3. Personal hygiene, paper and disposable cleaning products including but not limited to paper towels, napkins, toilette paper, hand sanitizer, alcohol, hydrogen peroxide, cleaning supplies of any kind or any other commodity intended to help sanitize or clean individuals items, or areas; and 
  4. Any other commodity that the seller or contractor knows or should know are intended for use by any member of the public or entity of any type to prepare for, respond to, or use due to circumstances giving rise to the emergency related to COVID-19. 

This Supplementary Emergency Proclamation and the Emergency Proclamation issued on February 28, 2020, shall remain in full force and effect and shall be effective 2:19pm, March 11, 2020, and continuing thereon for 60 days or until further act by this office.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaiʻi to be affixed.  Done this 11th day of March 2020 in Hilo, Hawaiʻi.

HARRY KIM 
Mayor 
County of Hawaiʻi

View the Signed Mayor's COVID-19 Supplementary Emergency Proclamation

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