Conforms Hawaii's civil defense laws to current federal laws, organizational structure, and practices.

A BILL FOR AN ACT

SECTION 1. It is the policy of this State that civil defense functions of the State should be coordinated to the maximum extent with private agencies, federal and county governments, and nonprofit organizations to address natural and man-made disasters or related emergencies. The legislature recognizes that the laws, agencies, and practices at the federal level have evolved and changed. The Civil Defense Act of 1950 was repealed and subsequently replaced with the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Federal agencies have been realigned with a corresponding change in responsibilities and practices. The legislature finds that there is a need to bring Hawaii's civil defense laws into conformity with current federal laws, as well as implement best practices to ensure our state is fully prepared.

SECTION 2. Section 128-1, Hawaii Revised Statutes, is amended to read as follows:

"§128-1 Policy and purposes. (a) Because of the importance of the State as a strategic defense area, the dependence of the State upon seaborne commerce for food supplies and other commodities essential to the public health, safety, and welfare and to the economic life of its people, the danger of shortages of such supplies and commodities, and other emergency conditions affecting the readiness of this community [to do its part in the existing national emergency which was declared by the President on December 16, 1950,] to respond to any attack, disaster, or emergency, and the possibility of disasters or emergencies of great destructiveness resulting from fire, flood, tidal wave tsunami, volcanic eruption, earthquake, hurricane, or other natural causes and disasters or emergencies caused by acts of man, including but not limited to, massive oil spills, nuclear accidents, airplane crashes, civil disturbances, terrorism, enemy attack, sabotage, or other hostile action, therefore in order to [insure] ensure that preparations of this State and the government provided for this State will be adequate to deal with disasters or emergencies, to make adequate provision against such shortages, to maintain the strength, resources, and economic life of the community and provide for prompt and effective action, as the circumstances develop and in cooperation with the federal government, to further and promote the national defense and civil defense and to protect the public health, safety, and welfare, the provisions of this chapter are hereby found and declared to be necessary.

(b) It is further declared to be a purpose of this chapter and a policy of the State that all civil defense functions of this State be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, with those of other states and localities, and with those of private agencies of every type, to the end that the most effective preparation and use may be made of all personnel, resources, and facilities for dealing with any disaster or emergency that may occur. It further is the intent of the legislature that all other emergency functions be coordinated to the maximum extent with the comparable functions of the federal government, its departments and agencies.

(c) It is declared to be the intent of the legislature to provide for and confer comprehensive powers for the purposes stated. This chapter shall be liberally construed to effectuate its purposes, provided that this chapter shall not be construed as conferring any power or permitting any action which is inconsistent with the Constitution and laws of the United States, but, in so construing this chapter, due consideration shall be given to the circumstances as they exist from time to time. This chapter shall not be deemed to have been amended by an act hereafter enacted at the same or any other session of the legislature, unless this chapter is amended by express reference hereto."

SECTION 3. Section 128-2, Hawaii Revised Statutes, is amended by adding new definitions to be appropriately inserted and to read as follows:

""Disaster" means any natural catastrophe, including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought, or, regardless of cause, any fire, flood, or explosion, in any part of the State, which in the determination of the governor causes damage of sufficient severity and magnitude to warrant assistance under this chapter to supplement the efforts and available resources of local governments and state agencies, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby;

"Emergency" means any occasion or instance for which, in the determination of the Governor, state assistance is needed to supplement the efforts and capabilities of local governments and state agencies to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the State;"

SECTION 4. Section 128-2, Hawaii Revised Statutes, is amended by amending the definitions of "attack", "civil defense", "civil defense emergency period", and "federal program" to read as follows:

""Attack" means any attack or series of attacks by an enemy of the United States or any domestic or international terrorist or terrorist group or entity causing, or which may cause, damage or injury to civilian property or persons in the United States in any manner by the use of bombs, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes; sabotage; and any form of hostile action;

"Civil defense" means the preparation for and the carrying out of all functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting, or which would result, from disasters caused by an attack[.], emergency, or disaster. The disasters include without limitation those that result from or arise out of action in resisting or combating an attack or apparent attack. Civil defense functions include all those provided for by this chapter which are for the purposes stated in this paragraph and, without limitation, fire fighting services, police services, medical and health services, rescue engineering, air raid warning services, communications, radiological, chemical, and other special weapons defense, evacuation of persons from stricken or danger areas, or from security areas established by or under authority of the United States, emergency housing and other emergency welfare services, emergency transportation, protection of important installations, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. "Civil defense" is deemed to encompass, but is not limited to, all those activities and measures which, by the Federal Civil Defense Act of 1950, are defined to be within the term "civil defense", insofar as the activities and measures relate to preparation for, or relate to functioning in respect of, an attack upon the State, emergency, or disaster but for the purposes of section 128-10(1) and (3) shall not be deemed to be restricted geographically;

"Civil defense emergency period" means the period of existence of [a state of civil defense] an emergency or disaster lawfully proclaimed [in accordance with applicable federal the Federal Civil Defense Act of 1950] by the President or the Congress, if so proclaimed on a national basis or for any geographic area that includes the State, and also means any period so proclaimed by the governor, as provided by section 128-7;

"Federal program" means a program of the federal government, its departments, and agencies, for emergency management, homeland security, homeland defense, rationing or conservation of materials, supplies, commodities, equipment, or facilities, for assigning priorities with respect thereto, for price control thereof, for wage controls, for the mobilization of personnel, for alien property control or control of trading with the enemy, for the welfare of veterans, for defense production, construction, or transportation, or any program or function of the department of defense [or the federal civil defense administration;], the federal department of homeland security and any of its agencies;"

SECTION 5. Section 128-7, Hawaii Revised Statutes, is amended to read as follows:

"§128-7 Civil defense emergency period. The term "civil defense emergency period" includes (1) [a period of civil defense emergency proclaimed pursuant to the Federal Civil Defense Act of 1950,] an emergency or disaster lawfully proclaimed by the President or the Congress, if so proclaimed on a national basis or for any geographic area that includes the State, or (2) the period of the existence of a state of civil defense emergency or disaster in the State hereby authorized to be proclaimed by the governor if the governor finds that an attack upon the State, or an emergency or disaster within the State, has occurred or that there is danger or threat thereof, or that there has arisen any state of affairs or circumstances of such a grave nature as to affect the common defense or the readiness of the community to meet an attack, emergency, or disaster and which requires the invocation of provisions of this chapter that are effective only during a period of [civil defense] emergency. The governor shall be the sole judge of the existence of the danger, threat, state of affairs, or circumstances. A period of civil defense emergency proclaimed pursuant to [the Federal Civil Defense Act of 1950] federal law shall terminate as therein provided, and a period of civil defense emergency proclaimed by the governor shall terminate upon proclamation by the governor."

SECTION 6. The legislature finds that there is a need to clarify the law regarding the liability of a healthcare facility operator when the operator permits the use of the facility for sheltering persons, including patients and persons in the facility's care or custody during disasters and emergencies. The legislature recognizes that there is a shortage of shelter space in Hawaii and that the healthcare facility industry should be encouraged to assist in the sheltering of patients, residents, employees and family members, and others during disasters and emergencies. Under the current law, it is unclear whether a healthcare facility operator is able to comply with the requirements of section 128-19, Hawaii Revised Statutes when providing shelter to patients or residents. The purpose of this Act is to clarify that compensation received by a healthcare facility operator for the care of patients or residents is not considered compensation for purposes of section 128-19, Hawaii Revised Statutes, provided that the healthcare facility is operating in accordance with applicable local, state, and federal laws, rules, and regulations, and any requirements for emergency care and disaster planning, and the operator has not abandoned its patients or residents.

SECTION 7. Section 128-19, Hawaii Revised Statutes, is amended to read as follows:

"§128-19 Immunity from liability of private shelter. Any individual, partnership, firm, society, unincorporated association, joint venture group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other legal entity whether doing business for itself or in a fiduciary capacity, owning or controlling real property, who voluntarily and without compensation grants a license or privilege for, or otherwise permits, the designation by the director of civil defense for the use of the whole or any part of the property for the purpose of sheltering persons during an actual, impending, mock or practice attack shall, together with its successors in interest, if any, not be civilly liable for negligently causing the death of or injury to any person or damage to any personal property on the property of the licensor in connection with the use of the licensed premises for the purposes designated. For purposes of this section, the consideration [paid by any guest or person for transient accommodation lodging shall not be considered compensation.]:

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.