§382-3 Government operations. After the issuance of a proclamation pursuant to section 382-2 and during the emergency thereby proclaimed, the governor may seize and take possession of and operate the entire plant and facilities, including related facilities, of any stevedoring company whose operations are suspended or substantially reduced, or so much thereof, or such interest therein, as the governor may deem necessary in order to carry out the purposes of this chapter.
Such government operations may be conducted by the governor through such department or agency of the State as the governor may designate and the governor may delegate to such agency such of the governor's powers as are necessary to conduct the operations.
The governor shall have such power and authority as shall be reasonably necessary to conduct such government operations in a manner consistent with the public health, safety, and welfare, including, without limitation upon the generality of the foregoing, the power to make such contracts and arrangements with ship owners, charterers, agents, and operators, wharf and pier owners and operators, stevedoring companies, trucking operators, warehouse workers and other persons as may be required in order to provide stevedoring services and related services. The governor may make contracts without regard to chapter 103D and sections 103-50, 103-50.5, 103-53, and 103-55 and, specifically, the certificate of the comptroller as to the availability of an unexpended appropriation or balance of an appropriation to cover the amount required by any such contract shall not be required. [L 1951, c 209, pt of §4; RL 1955, §92-4; am L 1957, c 152, §1; HRS §382-3; gen ch 1985; am L Sp 1993, c 8, §57; gen ch 1993; am L 1999, c 149, §26]
Note
Section 103-50.5 referred to in text is repealed.
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
382. Labor Disputes; Stevedoring Industry
382-2 Proclamation of emergency; preparations for government operations.
382-4 Employees under government operation.
382-5 Stevedoring fund; compensation for appropriation and use.
382-6 Termination of government operations.
382-7 Interference with government operations; injunctions.