HR41.DOC

WHEREAS, maintaining continuity of state government and fulfilling government duties and responsibilities during emergency situations is of growing concern to many states; and

WHEREAS, many state legislatures and executive offices have reviewed their laws and enacted legislation or established procedures to provide clear instruction for lines of succession if members of the legislature or other elected officials are unable to perform their duties, for the relocation of state or local government, if necessary, and other issues relating to the continuation of government and fulfilling of state government duties and responsibilities during an emergency; and

WHEREAS, although the various government agencies in the State of Hawaii have previously addressed continuity of government issues, a new review would be prudent to determine whether statutory amendments or procedural changes are necessary to improve or expedite the process relating to the continuity of government in an emergency; and

WHEREAS, a review of state law and government procedures relating to continuity of government in an emergency, including any constitutional issues, and the subsequent codification into a single chapter of Hawaii Revised Statutes would assist present and future government officials and employees in preparing for an emergency situation and executing recovery measures in a timely manner; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, that the Governor is requested to conduct a review of constitutional and state law, practices and procedures, and other relevant information relating to fulfilling the duties, functions, and responsibilities of the Offices of the Governor and Lieutenant Governor and executive departments in an emergency and submit to the Legislature no later than twenty days prior to the convening of the Regular Session of 2010 a report of findings and recommendations, including any proposed legislation, on issues of the Office of the Governor, the Office of the Lieutenant Governor, and state executive departments and agencies that relate to the continuity of constitutional government in an emergency.

The Governor is requested to include in the report findings and recommendations relating to:

(1) Possible sites identified for relocation of executive and legislative operations;

(2) Criteria and procedures used to determine suitability for relocating the seat of state government;

(3) Liability issues if appropriate action is not taken to ensure continued performance of essential functions of state government, including the safety of state employees, visitors, and the public;

(4) An assessment of existing operational capabilities, based upon functions, staffing, and system capabilities;

(5) An assessment of available staffing and lines of authority;

(6) Communication within the Offices of the Governor and the Lieutenant Governor, and with executive departments and agencies, the Judiciary, the Legislature, the county governments, and the media;

(7) Communication security, including integrity and mobility;

(8) Capability and readiness of state executive departments and agencies to "grab and go" with records and data necessary to continue or resume their functions; and

(9) Proposed legislation, if necessary; and

BE IT FURTHER RESOLVED that the Legislature requests the Senate to conduct a review of constitutional and state law, practices and procedures, and other relevant information relating to fulfilling the duties, functions, and responsibilities of the Senate in an emergency and submit to the Legislature no later than twenty days prior to the convening of the Regular Session of 2010 a report of findings and recommendations, including any proposed legislation on issues of the Senate that relate to the continuity of Senate operations in an emergency.

The Senate is requested to include in its report, findings and recommendations relating to:

(1) Provisions for facilities in immediate and regional range for essential operations of the Senate, including legislative sessions and committee meetings and hearings;

(2) Fulfilling of any quorum requirements in the event of mass casualties or inability or difficulty of members to travel within the State;

(3) Filling vacancies in Senate membership caused by an emergency;

(4) An assessment of existing operational capabilities, based upon functions, staffing, and system capabilities; including establishment of procedures to fulfill any constitutional duties of the Senate, the Clerk and Sergeant of Arms of the Senate, or other Senate offices during an emergency;

(5) An assessment of available staffing and lines of authority;

(6) Communication within the members and staff of the Senate, including the leadership of the respective caucuses, and with members and staff of the House of Representatives, the Offices of the Governor and the Lieutenant Governor, executive departments and agencies, the Judiciary, the county governments, and the media;

(7) Communication security, including integrity and mobility;

(8) Capability and readiness of Senate and staff offices to "grab and go" with records and data necessary to continue or resume their functions; and

(9) Proposed legislation, if necessary; and

BE IT FURTHER RESOLVED that the Legislature requests the House of Representatives to conduct a review of constitutional and state law, practices and procedures, and other relevant information relating to fulfilling the duties, functions, and responsibilities of the House of Representatives in an emergency and submit to the Legislature no later than twenty days prior to the convening of the Regular Session of 2010 a report of findings and recommendations, including any proposed legislation, on issues of the House of Representatives that relate to the continuity of operations of the House of Representatives in an emergency.

The House of Representatives is requested to include in its report, findings and recommendations relating to:

(1) Provisions for facilities in immediate and regional range for essential operations of the House of Representatives, including legislative sessions and committee meetings and hearings;

(2) Fulfilling of any quorum requirements in the event of mass casualties or inability or difficulty of members to travel within the State;

(3) Filling vacancies in the House of Representatives membership caused by an emergency;

(4) An assessment of existing operational capabilities, based upon functions, staffing, and system capabilities; including establishment of procedures to fulfill any constitutional duties of the House of Representatives, the Clerk and Sergeant of Arms of the House of Representatives, or other House offices during an emergency;

(5) An assessment of available staffing and lines of authority;

(6) Communication within the members and staff of the House of Representatives, including the leadership of the respective caucuses, and with members and staff of the Senate, the Offices of the Governor and the Lieutenant Governor, executive departments and agencies, the Judiciary, the county governments, and the media;

(7) Communication security, including integrity and mobility;

(8) Capability and readiness of House of Representatives and staff offices to "grab and go" with records and data necessary to continue or resume their functions; and

(9) Proposed legislation, if necessary; and

BE IT FURTHER RESOLVED that the Legislature requests the judiciary, mayor, and the chairperson and members of the county councils of each county to cooperate upon the request of the Office of the Governor, the Senate, and the House of Representatives on any issues relating to the continuity of constitutional government during an emergency; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, the Lieutenant Governor, the President of the Senate, the Speaker of the House of Representatives, the head of each state executive department, the Chief Justice of the Supreme Court of Hawaii and the Administrative Director of the Courts, and the mayor and chairperson of the council of each county.

	OFFERED BY:	_____________________________

Report Title:

Continuity of Government During Emergencies; Reports

HOUSE OF REPRESENTATIVES	H.R. NO.	41
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII