HB2673

SECTION 1. Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§127A- Places of public accommodation; prohibition against denial of shelter. (a) Whenever the State, or any portion thereof, is the subject of any emergency alert that advises the public to immediately seek shelter, including an alert of an incoming missile, a place of public accommodation shall not deny shelter to any person.

(b) The prohibition under subsection (a) shall remain in effect until a federal, state, or county emergency management official advises the public that the emergency condition no longer exists and that it is safe to resume normal activities.

(c) A complaint involving an alleged violation of subsection (a) shall be made directly to the office of the administrator.

(d) The owner of a public accommodation that violates subsection (a) shall be subject to a civil penalty of up to

$ . Each day of violation shall constitute a separate offense. All penalties collected pursuant to this section shall be deposited into a trust account established pursuant to section 127A-16(e).

(e) Except in cases of wilful misconduct, gross negligence, or recklessness, no public accommodation or any of its agents or employees that provide shelter pursuant to subsection (a) shall be civilly liable for the death of or injury to persons, or property damage, that results from any act or omission in the course of providing shelter.

(f) As used in this section, "place of public accommodation" has the same meaning as in section 489-2."

SECTION 2. Section 127A-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§127A-3[]] Hawaii emergency management agency. (a) There is established within the department of defense the Hawaii emergency management agency. The adjutant general shall serve as the director of Hawaii emergency management and, subject to the direction and control of the governor, shall oversee the agency.

(b) There shall be an administrator of emergency management who shall be appointed, and may be removed, by the director, and who shall have at least three years of experience leading emergency management efforts at the local, state, or federal level. The administrator of emergency management shall be the civilian head of and responsible for the day-to-day operations of the agency. The administrator of emergency management shall report to the director. The administrator of emergency management [~~shall~~], in the absence of the director, shall have all the duties and responsibilities of the director[,] and shall report directly to the governor. The administrator of emergency management shall not be subject to chapter 76.

(c) The director [~~may~~], from funds allotted therefor, may employ technical, clerical, administrative, and other personnel and make [~~such~~] expenditures as may be necessary.

(d) The director shall coordinate the activities of the agency with all county emergency management agencies, other state agencies, other states, or federal agencies involved in emergency management activities, and all organizations for emergency management within the State, whether public or private, and shall maintain liaison and cooperate with all county emergency management agencies, other state agencies, other states, or federal agencies involved in emergency management activities as provided in this chapter.

(e) The agency shall perform emergency management functions within the territorial limits of the State; support county emergency management agencies as requested; coordinate all resource support to the counties; ensure that emergency management plans across the State are coordinated with each other and other state, federal, and local organizations; oversee and coordinate the statewide outdoor siren warning system; monitor and issue alerts and warnings; and coordinate emergency and disaster response and recovery activities.

(f) The agency shall investigate complaints involving places of public accommodation that have allegedly denied shelter to persons pursuant to section 127A- . If the agency determines, based on credible evidence, that a violation has occurred, the agency shall impose and enforce the penalty provided for in section 127A- (d)."

SECTION 3. Section 127A-16, Hawaii Revised Statutes, is amended to read as follows:

"§127A-16 Major disaster fund. (a) The director shall submit requests to the legislature to appropriate from the general revenues of the State sufficient moneys as may be necessary for expenditure by or under the direction of the governor for immediate relief in response to an emergency or disaster in any part of the State; provided that:

(1) The governor has issued a proclamation of a state of emergency;

(2) The governor may not expend in excess of $5,000,000 for immediate relief as a result of any single emergency or disaster; and

(3) In addition to the funds in paragraph (2), an additional $5,000,000 may be made available solely for the purpose of matching federal disaster relief funds when [~~these~~] those funds become available to the State following a presidential disaster declaration.

In expending the moneys, the governor may allot any portion thereof to any agency, office, or employee of the State or a county for the most efficient relief for the population. Notwithstanding this subsection, the only exception to paragraphs (1), (2), and (3) is that the director may use up to $100,000 per year to support emergency reserve corps training.

(b) No later than one month after any allotment by the governor or the expenditure of any fund moneys, the director shall report to the legislature on the purpose of the allotment or expenditure.

(c) Except as provided in subsection (d), federal reimbursement moneys for disaster relief shall be deemed to be trust moneys and may be deposited into a trust account with and under the control of the department of defense. [~~These~~] Those moneys and any interest earned thereon shall be used for the purpose identified in subsection (a) and shall not lapse to the general fund.

(d) In cases in which the department of education expends the funds appropriated to the department for purposes deemed to be reimbursable by federal reimbursement moneys for disaster relief, the federal reimbursement moneys shall not lapse to the general fund and shall be credited directly to the department of education without regard to whether the original appropriation has lapsed. [~~Such~~] Those funds shall carry over in accordance with section 37-41.5(c).

(e) Moneys collected by the agency pursuant to its enforcement of section 127A- shall be deemed to be trust moneys and shall be deposited into a trust account with and under the control of the department of defense. Those moneys and any interest earned thereon shall be used for the purpose identified in subsection (a) and shall not lapse to the general fund."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2673
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII