SB796 SD1

PART I

SECTION 1. The legislature finds that Hawaii is vulnerable to a tsunami or hurricane disaster and recognizes the importance of remaining vigilant in protecting its residents and guests from these disasters. In view of lessons learned from the 2004 tsunami in South East Asia and Hurricane Katrina in Florida in 2005, and because these natural disasters pose a great potential to cause vast devastation to Hawaii, the legislature deems it vitally important to ensure the State is adequately prepared to deal with these disasters. While the State and related private agencies have made great strides in becoming capable of handling a tsunami or hurricane disaster, more resources are needed to upgrade and decrease coverage gaps in the existing warning systems.

The purpose of this part is to appropriate funds to address disaster preparedness and recovery.

SECTION 2. The director of finance is authorized to issue general obligation bonds in the sum of $2,500,000, or so much thereof as may be necessary, in each year of fiscal biennium 2007-2009, and the same sums, or so much thereof as may be necessary, are appropriated for fiscal biennium 2007-2009, for the purpose of installing additional sirens to the state civil defense warning systems.

SECTION 3. The appropriation made for the capital improvement project authorized by this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2010, shall lapse as of that date.

SECTION 4. The sums appropriated in section 2 of this Act shall be expended by the department of defense for the purposes of that section.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000, or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for emergency supply caches to support disaster victims and communities that may become isolated due to natural disasters.

The sums appropriated shall be expended by the department of defense for the purposes of this section.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,500,000, or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the state civil defense major disaster funds established pursuant to section 127-11, Hawaii Revised Statutes.

The sums appropriated shall be expended by the department for the purposes of this section.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $150,000, or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the continued funding of non-declared disaster activation and response.

The sums appropriated by this section shall be expended by the department of defense for the purposes of this section.

PART II

SECTION 8. Residents and businesses of the State are often twice victimized when natural disasters strike. First, the damage caused by a natural disaster is often extensive and repair or replacement costs are prohibitive. Second, the emergency relief from governmental agencies to meet the immediate needs of victims is often delayed or unavailable for extended periods. For some victims of natural disasters, the delay in receiving emergency assistance can mean a total loss of their homes or businesses. The legislature finds that there is an urgent need to provide victims with prompt emergency relief during or immediately after a natural disaster.

The purpose of this part is to allow the governor, upon the declaration of an emergency, to release up to ten per cent of the interest earned on the principal of the moneys in the emergency and budget reserve fund to provide assistance to residents and businesses that have sustained damage during or immediately after a natural disaster.

SECTION 9. Chapter 128, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§128- Emergency and budget reserve fund expenditures. Upon the declaration by the governor of an emergency due to a natural disaster, the governor, by executive order, may authorize the release and expenditure of moneys appropriated from the emergency and budget reserve fund to provide emergency assistance to residents or businesses of the State for damages sustained from a natural disaster, during or immediately after the natural disaster, pursuant to section 328L-3(e)."

SECTION 10. Section 328L-3, Hawaii Revised Statutes, is amended to read as follows:

"§328L‑3 Emergency and budget reserve fund. (a) There is established in the state treasury the emergency and budget reserve fund, which shall be a special fund administered by the director of finance, into which shall be deposited:

(1) Twenty-four and one-half per cent of the moneys received from the tobacco settlement moneys under section 328L-2(b)(1); and

(2) Appropriations made by the legislature to the fund.

(b) All interest earned from moneys in the emergency and budget reserve fund shall be credited to the general fund.

(c) Expenditures from the emergency and budget reserve fund shall be a temporary supplemental source of funding for the State during times of emergency, economic downturn, or unforeseen reduction in revenues. No expenditures shall be made from the emergency and budget reserve fund except pursuant to appropriations[.] or as provided in subsection (e). The general appropriations bill or the supplemental appropriations bill, as defined in section 9 of article VII of the Constitution of the State of Hawaii, shall not be used to appropriate moneys from the emergency and budget reserve fund. The governor, through an appropriations bill, may recommend expenditures from the emergency and budget reserve fund by setting forth the purposes of the expenditures consistent with subsection (d), the amounts, and the reasons justifying the necessity for the appropriations.

(d) The legislature may make appropriations from the fund for the following purposes:

(1) To maintain levels of programs determined to be essential to public health, safety, welfare, and education;

(2) To provide for counter cyclical economic and employment programs in periods of economic downturn;

(3) To restore facilities destroyed or damaged or services disrupted by disaster in any county; and

(4) To meet other emergencies when declared by the governor or determined to be urgent by the legislature.

Any act making appropriations from the emergency and budget reserve fund shall include a declaration of findings and purposes setting forth the purposes, the amounts, and the reasons why the appropriations are necessary and shall require a two-thirds majority vote of each house of the legislature.

(e) Upon the declaration by the governor of an emergency due to a natural disaster, the governor, by executive order, may authorize the release and expenditure of moneys from the fund to provide emergency assistance to residents or businesses of the State for damages sustained from a natural disaster, during or immediately after the natural disaster, subject to the following requirements:

(1) The governor shall determine the amount of moneys to be released based upon the recommendations of state and county civil defense agencies; provided that the amount expended shall not exceed ten per cent of the interest earned on principal from moneys in the fund at the time of the expenditure;

(2) Within seventy-two hours after issuing the executive order, the governor shall provide written notice to the president of the senate and the speaker of the house of representatives describing the intended use of the moneys; and

(3) The governor shall submit a report to the legislature not later than twenty days prior to the convening of the regular session or any special session immediately following the occurrence of the natural disaster, regarding the release and expenditure of moneys from the fund under this subsection; provided that if the natural disaster occurs in the period between thirty days prior to the convening of a regular session or the closing of the regular session, the governor shall submit the report not later than thirty days after issuing the executive order. At a minimum the report shall:

(A) State the amounts released;

(B) Describe the purposes under subsection (d) for which the funds were released;

(D) Provide recommendations for replacing the expended moneys from the fund.

[~~(e)~~] (f) Appropriations for the following purposes from the emergency and budget reserve fund are specifically prohibited:

(1) To meet expenses of the legislature;

(2) To provide for salary adjustments for officials appointed pursuant to article V, section 6, or article VI, section 3, of the Constitution of the State of Hawaii and for others whose salaries are directly related to salaries of these officials; and

(3) To fund cost items in any collective bargaining contract."

PART III

SECTION 11. The legislature finds that the October 2006, 6.7 magnitude earthquake in Hawaii illuminated the strengths, as well as the areas needing improvement, in Hawaii's civil defense network. Hawaii's diverse ethnic population is an additional component that needs to be addressed in the civil defense system during disasters and emergency.

In addition to ensuring statewide dissemination of information in a timely manner, it is also imperative that the information be provided in a format that is accessible and understandable by everyone. A review in the aftermath of the October 2006, earthquake and subsequent statewide power outage brought forth many recommendations, including recommendation number eleven of the final report of the governor's comprehensive communications review committee that states: "Work with the Hawaii consular corps so they can inform foreign citizens about the nature of the emergency. KZOO (Japanese) and KNDI (all other foreign languages) will broadcast the emergency messages to non-English speaking residents and visitors in the State. KZOO and KNDI will be assisted in their efforts to establish backup power generators." This recommendation supports the need for infrastructure improvements to further support the State's civil defense system in the event of an emergency.

The purpose of this part is to appropriate funds to the Ethnic Education Foundation of Hawaii to assist in disseminating information to a broader range of the State's population in the event of a disaster or emergency.

SECTION 12. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, to the Ethnic Education Foundation of Hawaii, a 501(c)(3) nonprofit organization, for generators to meet power capacity needs to ensure service in emergency situations.

The sum appropriated shall be expended by the department of defense for the purposes of this section.

SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, to the Ethnic Education Foundation of Hawaii, a 501(c)(3) nonprofit organization, for other infrastructure improvements and educational programs administered by the Hawaii state civil defense to promote awareness of emergency procedures and contacts to non-English speaking and English-as-a-second-language populations in the State.

The sum appropriated shall be expended by the department of defense for the purposes of this section.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect on July 1, 2007.

THE SENATE	S.B. NO.	796
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII