ยง382-3 - Government operations.
ยง382-3ย Government operations.ย 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.ย 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 ยง4; RL 1955, ยง92-4; am L 1957, c 152, ยง1; HRS ยง382-3; gen ch
1985; am L Sp 1993, c 8, ยง57; gen ch 1993; am L 1999, c 149, ยง26]
Note
ย Section 103-50.5 referred to in text is repealed.