Page 6 - Travel to the State

IV. Travel to the State

A. Health Screening for Travelers to the State Pursuant to section 127A-11, HRS, all persons entering the State of Hawai‘i shall submit to the mandatory screening process identified in the Rules Relating to COVID-19 Health Screening Process and Travel Self-Quarantine, attached hereto as Exhibit B and hereinafter referred to as the “Travel Rules,” and must comply with all applicable State and county rules, directives, and orders related to travelers.

B. Self-Quarantine for Travelers to the State Pursuant to section 127A-13(a)(1), HRS, all persons entering the State of Hawai‘i shall be subject to mandatory self-quarantine as provided in the Travel Rules, except those persons entering the State (1) by recreational boats into the State’s small boat (non-commercial) harbors 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 or (2) who, upon entry into the State, provide written confirmation from a State approved COVID-19 testing facility of a negative test result from a test administered to the traveler within 72 hours from the final leg of departure. The negative test exception shall become effective on October 15, 2020. 7 of 33 The period of self-quarantine shall begin from the day 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 not designate as their quarantine location a short-term rental, as defined by the applicable ordinances in each county, or as mandated by county order, rule or directive. Where a county rule, directive or order prohibits intended residents from residing in a short-term rental, as defined by the applicable county ordinances, all intended residents of that county must designate a hotel or motel as their quarantine location. Persons entering the State to perform critical infrastructure functions as identified in Section III.A of this Proclamation shall be subject to self-quarantine but may obtain a limited exemption from covidexemption@hawaii.gov allowing them temporarily to break self-quarantine only when performing their critical infrastructure functions. If a limited exemption is granted to any traveler from covidexemption@hawaii.gov, such person shall be subject to all quarantine restrictions when not performing their critical infrastructure work or engaging in the activity expressly exempted. Only persons who have been granted an exemption through covidexemption@hawaii.gov may temporarily break selfquarantine and only for the purposes expressed in the written exemption. An exemption shall be void if the person subject to the exemption fails to wear appropriate protective gear and to follow the Safe Practices referenced in Section III.B of this Proclamation while engaged in the activities expressed in the written exemption. An exemption from covidexemption@hawaii.gov does not require businesses or operations to recognize the exemption from the 14-day self quarantine period. All travelers to the State of Hawai‘i shall complete the mandatory documentation identified in the Travel Rules.

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 Section A above. Any host violates this section if the host intentionally, knowingly, or recklessly fails to notify law enforcement immediately when a guest or guests 8 of 33 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. “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 that begins the day a person enters the State of Hawai‘i and lasts 14 days 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 9 of 33 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” is as set forth above in Section IV.C. “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. 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” is as set forth above in Section IV.C. “Motor vehicle” is as set forth above in Section IV.D.

F. Enhanced Movement Quarantine A county may establish an Enhanced Movement Quarantine (EMQ) program through agreements with resort or hotel facilities. Travelers who enter the State as part of an EMQ program must comply with all State, county and industry safety and health standards applicable to such program and complete all 10 of 33 mandatory documentation. The EMQ program shall be implemented through county emergency orders, rules or proclamation and subject to the approval requirements of Section I of this Proclamation. A county EMQ program shall:

1. Restrict participating travelers to clearly-defined geographical areas and ensure limited contact with those not subject to self quarantine. The geographical areas may include adjacent shoreline areas where beach access is permitted by applicable state and county authorities, provided that members of the public are given notice of the EMQ and are not prohibited from accessing the shoreline area;
2. Include safety, monitoring and enforcement measures consistent with industry standards;
3. Provide capacity for isolating any positive or suspected COVID-19 cases and provide necessary wraparound services for such persons;
4. Require participating travelers to sign waivers confirming they have voluntarily elected to participate in the EMQ; voluntarily agreed to electronic monitoring and other requirements; and voluntarily waived express privacy protections, including to health information, as necessary to accomplish the public health purpose of this Proclamation;
5. Require participating travelers to bear all costs related to their participation in the EMQ, including monitoring, isolation, care, lodging and other expenses.

G. Force and Effect of Law Pursuant to section 127A-25, HRS, all provisions set forth in Section IV of this Proclamation and the Travel Rules are hereby adopted as rules and shall have the force and effect of law. Pursuant to section 127A-29, HRS, any person who intentionally, knowingly, or recklessly violates Section IV of this Proclamation or the Travel 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.

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