Report Title:

Civil Defense; Natural Disaster; Governor's Declaration

Description:

Clarifies that the governor has the authority to declare a disaster emergency.  Requires the state civil defense division after the governor has proclaimed a disaster emergency, to report to the governor, legislature, and each county mayor on the disaster, including specified information.

THE SENATE	S.B. NO.	1147
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO STATE DISASTER RELIEF.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 127-10, Hawaii Revised Statutes, is amended to read as follows:

"§127-10  Disaster relief [during suspension of preceding sections.]; proclamation of disaster emergency; report. (a)  For purposes of this chapter, the governor shall have the authority to proclaim a disaster emergency to implement disaster relief under subsection (c).

(b)  The vice-director of civil defense shall issue a preliminary report within sixty days from the date of issuance of the disaster proclamation.  The preliminary report shall be issued to the governor, mayor of each county, and the legislature, detailing the nature of the disaster, loss projections, and an assessment of the cause of the natural disaster; provided that there shall be a follow-up report within one hundred eighty days from the date of issuance of the disaster proclamation to evaluate the response of the State to the proclamation of disaster emergency.

(c)  During any period in which [sections 127-1 to 127-9 are not in effect,] disaster relief is in effect, the governor and political subdivisions may exercise any and all of [their] the same powers that relate to disasters resulting from enemy attacks[,] under chapter 128, in order to provide [other] disaster relief.  All provisions [of law] that relate to disasters resulting from enemy attacks under chapter 128 [during such period] are made applicable to [other] disaster relief, including without limitation, provisions making or authorizing appropriations or expenditures.

(d)  As used in this section ["other disaster] "disaster relief" means the preparation for and the carrying out of all functions[,] under this chapter and applicable provisions of chapter 128, other than functions for which United States military forces are primarily responsible, to minimize and repair injury and damage resulting from disasters caused by fire, flood, tidal wave, volcanic eruption, earthquake, or other natural causes and major disasters caused by acts of man, including but not limited to, massive oil spills, nuclear accidents, airplane crashes and civil disturbances."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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