HB2237.DOC

SECTION 1. The legislature finds that a review of the Hawaii state civil defense and its emergency management functions is overdue. Hawaii's Civil Defense and Emergency Act, chapter 128, Hawaii Revised Statutes, was first enacted in 1951. Since that time, the functions of the state civil defense have changed dramatically. After September 11, 2001, the role of the state civil defense has expanded so that it now acts as Hawaii's homeland security and emergency management agency.

On the federal level, there has been a refocus on national security in the last decade. The Federal Emergency Management Agency was activated in 1979 and elevated to cabinet rank in 1996 under President Clinton, giving it direct access to the President during times of emergency. In 2003, under President George W. Bush, the Federal Emergency Management Agency became part of the Department of Homeland Security and the focus was changed from natural disaster preparedness to counter-terrorism measures. Because of this shift in priorities, the federal government was ill-equipped to adequately respond to Hurricane Katrina in 2005, which devastated large parts of Louisiana and Mississippi.

The legislature finds that all disasters start locally. If a disaster overwhelms a county's capabilities, the county mayor will request the State to send reinforcements. If a disaster overwhelms state capabilities, the governor must request federal assistance through a presidential disaster declaration. Given Hawaii's vulnerability to natural hazards and its isolated location, a disaster can strike swiftly and unexpectedly, while federal support is hours away on the west coast of the continental United States.

Strengthening Hawaii's ability to respond to disasters is in the interest of residents and visitors alike. In 1992, Hurricane Iniki devastated large parts of Kauai. Should a hurricane of equal magnitude pass through the south shore of Oahu, the devastation could be catastrophic.

Presently, Hawaii state civil defense is a division under the state department of defense, led by the adjutant general. The adjutant general is also in charge of several other state agencies, including the Hawaii national guard. The vice-director of civil defense has daily command of the state civil defense, but is not ultimately in charge during emergencies.

The legislature finds that a full-time director should lead the Hawaii state civil defense and emergency management. States such as Florida, Oregon, Illinois, California, and New York have established independent offices, divisions, or agencies for emergency management, that provide its full-time director or equivalent direct access to the governor during times of emergency so that important and often life-saving decisions can be made quickly.

The purpose of this Act is to create a task force within the legislative reference bureau to determine whether it is in the State's best interest to establish the Hawaii state civil defense as an independent department of emergency management, or to modify the state civil defense, to provide Hawaii the best possible defense in the event of a disaster.

SECTION 2. (a) There shall be established within the legislative reference bureau for administrative purposes only, a task force for the purpose of reviewing section 26-21, pertaining to the department of defense, chapter 127, pertaining to disaster relief, and chapter 128, pertaining to civil defense and emergency, Hawaii Revised Statutes. The task force shall be known as the emergency management task force, and shall be dissolved on June 30, 2013.

(b) The legislative reference bureau shall provide administrative support to the task force.

(c) The co-chairs of the task force shall be the chair of the house committee on public safety and military affairs and the chair of the senate committee on public safety, government operations, and military affairs. The task force shall also consist of the following:

(1) Chair of the house committee on judiciary; or the chair's designee;

(2) Chair of the senate committee on judiciary and labor; or the chair's designee;

(3) Two members representing the department of defense; one each representing the Hawaii national guard and Hawaii state civil defense;

(4) The director of public safety, or the director's designee;

(5) The director of transportation, or the director's designee;

(6) The director of health, or the director's designee;

(7) The director of finance, or the director's designee;

(8) Four members, consisting of the directors of civil defense of the four counties; or their respective designee;

(9) Four members, consisting of one representative from each of the fire departments of the four counties; and

(10) Four members, consisting of one representative from each of the police departments of the four counties;

provided that the governor, the minority leader of the house of representatives, and the minority leader of the senate shall each appoint one member in addition to those specified in paragraphs (1) through (10).

(d) The majority of the task force members, prescribed in subsection (c), present at a meeting shall constitute a quorum.

(e) If a quorum is present when a vote is taken, the affirmative vote of a majority of task force members present shall be the act of the task force.

(f) The task force shall submit a report of findings and recommendations to be consistent with national guidelines for emergency management and homeland security, including any proposed state and county legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2013.

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2237
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII