HOUSE OF REPRESENTATIVES

H.B. NO.

2437

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the department of defense.

 

 

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

 


     SECTION 1.  Section 26-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of defense shall be headed by a single executive to be known as the [adjutant general.  The adjutant general] director of defense.  The director of defense shall also be the director of civil defense and the director of homeland security.

     There shall be a full-time vice director of defense who shall be appointed and may be removed by the director.  The vice director of defense shall also be the adjutant general.

     There shall also be a full-time vice director of civil defense who shall be appointed and may be removed by the director.

     The department shall be responsible for the defense of the State and its people from mass violence, originating from either human or natural causes.

     The devolution of command of the military forces in the absence of the adjutant general shall be within the military establishment.  The devolution of command of the civil defense agency in the absence of the director of civil defense shall be within the civil defense agency."

     SECTION 2.  Section 26-52, Hawaii Revised Statutes, is amended to read as follows:

     "§26-52  Department heads and executive officers.  The salaries of the following state officers shall be as follows:

     (1)  The salary of the superintendent of education shall be set by the board of education at a rate no greater than $150,000 a year;

     (2)  The salary of the president of the University of Hawaii shall be set by the board of regents;

     (3)  [Effective July 1, 2004, the] The salaries of all department heads or executive officers of the departments of accounting and general services, agriculture, attorney general, budget and finance, business, economic development, and tourism, commerce and consumer affairs, defense, Hawaiian home lands, health, human resources development, human services, labor and industrial relations, land and natural resources, public safety, taxation, and transportation shall be as last recommended by the executive salary commission.  Effective July 1, [2007,] 2019, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature; and

     (4)  The salary of the adjutant general shall be $85,302 a year.  Effective July 1, [2007,] 2019, and every six years thereafter, the salary of the adjutant general shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature, except that if the state salary is in conflict with the pay [and allowance] for a major general fixed by the tables of the regular army or air force of the United States, the latter shall prevail[.]; provided further that the allowances fixed by the tables shall not be used."

     SECTION 3.  Section 121-7, Hawaii Revised Statutes, is amended to read as follows:

     "§121-7  Adjutant general; appointment.  The adjutant general shall be the [executive head] vice director of [the department of] defense and commanding general of the militia of the State.  The adjutant general shall be appointed [and be subject to removal as set forth in section 26-31.  The adjutant general shall serve for the term as set forth in section 6, article V, of the Constitution.] by the director of defense.  No person shall be eligible for appointment as adjutant general unless the person holds or has held a commission of at least a field grade officer, federally recognized as such, or its equivalent in the national guard, state defense force, or other branch of the armed forces of this or any other state or territory of the United States, or in the armed forces of the United States or a reserve component thereof and has served as a commissioned officer in one or more of the armed services for at least ten years."

     SECTION 4.  Section 121-9, Hawaii Revised Statutes, is amended to read as follows:

     "§121-9  Adjutant general; duties.  [The] Under the direction of the director of defense, the adjutant general shall perform such duties as are prescribed by law and such other military duties consistent with the regulations and customs of the armed forces of the United States as required by the governor.

     The adjutant general shall supervise all of the forces comprising the military components of the department of defense of the State.  The supervisory power shall include the command, discipline, training, and recruiting of the armed forces of the State, military operations, distribution of troops, inspections, armament, military education and instruction, fiscal operations, administration, and supply.

     The adjutant general is authorized to confer the powers of police officers, including the power to arrest, to employees of the department who are engaged as security guards for national guard and civil defense facilities; provided that such powers shall remain in force and effect only while the security guards are in the actual performance of their duties as security guards."

     SECTION 5.  Section 121-10, Hawaii Revised Statutes, is amended to read as follows:

     "§121-10  Administration.  [The] Under the direction of the director of defense, the adjutant general shall from time to time make and publish such orders and regulations, not inconsistent with law, as are necessary to bring the organization, armament, equipment, and discipline of the organized militia to a state of efficiency as nearly as possible approaching that of the army and air force of the United States.  The adjutant general shall attest all commissions issued to military officers, appointments issued to warrant officers, maintain personnel records, superintend preparation of all letters and reports required by the United States from the State.  The adjutant general shall have charge of the state military reservations, armories, and all other property of the State kept or used for military purposes.  The adjutant general shall take an inventory at least once each year of all military stores, property, and funds under the adjutant general's jurisdiction.  The adjutant general shall be the official custodian of the military records of all persons from the State who served in the armed forces of the United States during times of war or grave national emergency, including those records which are turned over to the State by the federal agency of selective service.  The records shall be preserved perpetually in accordance with rules and regulations established by the adjutant general[.] or the director of defense.

     The [adjutant general] director of defense shall make an annual report of the operations under the jurisdiction of the adjutant [general's department.] general."

     SECTION 6.  Section 121-13, Hawaii Revised Statutes, is amended to read as follows:

     "§121-13  Commissioned by commander in chief.  All commissioned officers of the army or air national guard shall be commissioned by the commander in chief but the commander in chief may refuse to issue a commission to any person, if in the commander in chief's opinion, the person is in any way unqualified or unworthy to be an officer.  All commissions in the military service of this State shall be in the name and by authority of the State, sealed with the state seal, signed by the governor, attested by the adjutant general and the director of defense, and recorded in rosters periodically prepared and printed by the department of defense."

     SECTION 7.  Section 121-17, Hawaii Revised Statutes, is amended to read as follows:

     "§121-17  Resignations.  Resignations of officers and warrant officers shall be in writing addressed to the adjutant general and the director of defense and shall state the reasons for the resignation.  Resignations shall be transmitted through immediate commanding officers, who shall make indorsements thereon, and shall take effect when accepted by the adjutant general and announced in orders."

     SECTION 8.  Section 121-19, Hawaii Revised Statutes, is amended to read as follows:

     "§121-19  Regulations governing armories, etc.  Any law to the contrary notwithstanding, the [adjutant general] director of defense may make regulations to establish procedures governing the care and custody of armories, rifle ranges, reservations and installations that are either set aside to the department of defense or on license from the federal government.  The [adjutant general] the director of defense may permit the use of or may temporarily rent to civic, community, veterans and other nonprofit public organizations and groups, such portions of armories, rifle ranges, reservations and installations as will not interfere with the military use thereof.  The [adjutant general] the director of defense shall establish the rentals to be charged for their use and all moneys received from the rentals shall be deposited into the general fund of the State.  Chapter 91 shall not apply."

     SECTION 9.  Section 121-44, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  All expenditures made pursuant to this section shall be subject to the approval of the [adjutant general.] director of defense."

     SECTION 10.  Section 121-45, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  The [adjutant general,] director of defense, subject to the availability of funds, may award tuition assistance to qualified enlisted persons, warrant officers, and company grade officers (0-1 through 0-3) in the Hawaii national guard who are:

     (1)  Residents of the State, as defined by the board of regents pursuant to section [[]304A-402[]]; and

     (2)  Undergraduate students working toward a degree on any campus of the University of Hawaii.

     (b)  The [adjutant general] director of defense shall adopt rules in accordance with this chapter to carry out the purposes of this section.  The rules shall include:

     (1)  Descriptions of the minimum military and academic qualification of personnel who may be awarded full or partial tuition assistance under this section;

     (2)  Listings of acceptable fields of study, degrees, and periods of eligibility for personnel who may be awarded tuition assistance under this section;

     (3)  Procedures for demonstrating the ongoing, satisfactory military and academic performance of personnel who have accepted tuition assistance under this section;

     (4)  Explanations of any reenlistment obligations for personnel who have accepted tuition assistance under this section;

     (5)  Procedures for administratively transferring moneys for tuition assistance awarded under this section from the department of defense to the University of Hawaii; and

     (6)  Procedures for enforcing this subsection."

     SECTION 11.  Section 122A-10, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  Each organization of the Hawaii state defense force shall assemble for training, drill, and instruction as ordered by the governor [or], the adjutant general[.], or the director of defense.

     (b)  To the extent authorized and permitted by federal law and regulations, the governor [or], the adjutant general, or the director of defense may:

     (1)  Detail officers and members of the national guard to train and instruct the Hawaii state defense force; and

     (2)  Provide for the attendance of members of the Hawaii state defense force at service schools and other courses of training or instruction conducted by the armed forces of the United States."

     SECTION 12.  Section 128A-2, Hawaii Revised Statutes, is amended by amending the definition of "director of homeland security" to read as follows:

     ""Director of homeland security" or "director" means the [adjutant general.] director of defense."

     SECTION 13.  Section 128E-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The commission shall consist of the following members, who shall be appointed by the governor as provided in section 26-34:

     (1)  The director of health;

     (2)  The chairperson of the board of agriculture;

     (3)  The [adjutant general;] director of defense;

     (4)  The director of labor and industrial relations;

     (5)  The chairperson of the board of land and natural resources;

     (6)  The director of the office of environmental quality control;

     (7)  The director of business, economic development, and tourism;

     (8)  The director of transportation;

     (9)  The dean of the University of Hawaii school of public health or the dean of the University of Hawaii school of medicine, as determined by the governor;

    (10)  The director of the environmental center of the University of Hawaii;

    (11)  One representative from each committee designated by the mayor of each respective county; and

    (12)  Other persons appointed by the governor to meet the minimum requirements of the Emergency Planning and Community Right-to-Know Act of 1986."

     SECTION 14.  Section 321-225, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The advisory committee shall be composed of twenty members:  three nonvoting ex-officio members, who shall be the director of transportation, the [adjutant general,] director of defense, and the administrator of the state health planning and development agency, or the designated representatives thereof, and seventeen members representing all counties of the State who shall be appointed by the governor subject to section 26-34 as follows:

     (1)  Five members who shall be physicians experienced in the conduct and delivery of emergency medical services; provided that at least two shall be engaged in the practice of emergency medicine and be board-eligible or board-certified by the American Board of Emergency Medicine, and provided further that at least one physician shall be engaged in the practice of pediatrics and be board-eligible or board-certified by the American Board of Pediatrics;

     (2)  Four members who shall be consumers of health care and who shall have no connection with or relationship to the health care system of the State and who shall be representative of all counties;

     (3)  Four members of allied health professions related to emergency medical services; and

     (4)  Four members, one from each county, who shall be mobile intensive care technicians or emergency medical technicians engaged in the practice of pre-hospital emergency medical service.

The members of the advisory committee shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties, including travel expenses.  The chairperson of the advisory committee shall be elected by the members from among their numbers.  A majority of the members of the advisory committee shall constitute a quorum for the conduct of business of the advisory committee.  A majority vote of the members present at a meeting at which a quorum is established shall be necessary to validate any action of the committee."

     SECTION 15.  Section 346-382, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The Hawaii interagency council on homelessness shall be composed of the following members or the member's designee:

     (1)  Governor's coordinator on homelessness, who shall serve as chair;

     (2)  Director of human services;

     (3)  Administrator of the homeless programs office of the department of human services;

     (4)  Director of health;

     (5)  Director of labor and industrial relations;

     (6)  Director of public safety;

     (7)  Director of business, economic development, and tourism;

     (8)  Chairperson of the Hawaiian homes commission;

     (9)  [Adjutant general;] The director of defense;

    (10)  Chairperson of the board of trustees of the office of Hawaiian affairs;

    (11)  Attorney general;

    (12)  Superintendent of education;

    (13)  Two members of the house of representatives to be designated by the speaker of the house of representatives, of whom one member shall be designated by the speaker of the house of representatives to serve as an alternate member on the Hawaii interagency council on homelessness to serve in the other member's absence;

    (14)  Two members of the senate to be designated by the president of the senate, of whom one member shall be designated by the president of the senate to serve as an alternate member on the Hawaii interagency council on homelessness to serve in the other member's absence;

    (15)  A representative of the Hawaii public housing authority;

    (16)  The mayor of each county;

    (17)  A representative of the continuum of care programs in each county, to be designated by the respective mayors;

    (18)  A representative of the United States Department of Veterans Affairs who shall be requested to serve by the governor;

    (19)  A representative from the Office of Community Planning and Development, United States Department of Housing and Urban Development, who shall be requested to serve by the governor;

    (20)  A representative of a faith-based organization with interfaith relationships, to be designated by the governor; and

    (21)  A representative of the business community, to be designated by the governor."

     SECTION 16.  Section 363-3, Hawaii Revised Statutes, is amended to read as follows:

     "§363-3  Activities of the office.  Except as otherwise provided by law, the office shall:

     (1)  Maintain or cause to be maintained, subject to the control and supervision of the office, a center to which veterans, including their families and dependents, may come for information, counsel, aid, and assistance, and by which they may be directed or referred to any agency in the community whose function it is, by law or otherwise, to provide the services, assistance, or benefits which in each instance appear necessary or appropriate.  Agencies to which any referrals may be made shall include, but are not limited to, departments and divisions of the federal and state governments, veterans' organizations, and so-called "private" social agencies;

     (2)  Assume the initiative, in cooperation with agencies in the community, for coordinating all services now available, and which hereafter may become available, for the use and benefit of veterans, including their families and dependents, to the end that maximum effectiveness of the services may be realized, and overlapping and duplication of effort as between agencies may be minimized;

     (3)  Assemble, analyze, compile, and disseminate factual, up-to-date information with respect to:

         (A)  Benefits, rights, and services of whatever nature to which veterans, including their families and dependents, are entitled, or which may be available to them; and

         (B)  The structure, functions, area of service, and other pertinent information regarding each agency and organization participating in the veterans' assistance program in the State;

     (4)  Cooperate with federal departments and other agencies which, by law, have responsibility for the administration of rights and benefits granted by the federal government to veterans, including their families and dependents;

     (5)  As soon as possible after the close of each fiscal year, compile and submit to the governor, for such use or distribution as the governor may deem appropriate, a comprehensive report of the activities and operations of the office, and of all disbursements and expenditures authorized by the office under this section; and

     (6)  Inspect every three years all state war memorials and veterans' cemeteries for repair and maintenance deficiencies, and report all repair and maintenance problems at these memorials and cemeteries to the [adjutant general,] director of defense, the comptroller, and the legislature prior to the start of the next regular session."

     SECTION 17.  Section 363-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "(a)  There shall be a policy advisory board on veterans' services within the office of veterans' services.  The board shall consist of nine members appointed by the governor as provided in section 26-34.  Five members shall be veterans, and there shall be at least one member residing in each of the counties of Maui and Kauai.  The county of Hawaii shall be represented by two members, one member shall reside in east Hawaii and one member shall reside in west Hawaii.  Four members shall reside in the city and county of Honolulu.  At least three members shall be women.  The director of health, the director of human services, the director of labor and industrial relations, and the [adjutant general] director of defense shall serve as ex officio[[],[]] nonvoting members.  The director for the office of veterans' services shall serve as an ex officio[[],[]] voting member.  The chairperson of the board shall be elected by the majority of the board.  The members shall serve without compensation but shall be allowed their actual and necessary expenses incurred in the performance of their duties."

     SECTION 18.  Section 657D-1, Hawaii Revised Statutes, is amended by amending the definition of "state active duty" to read as follows:

     ""State active duty" includes any period during which a person in the military service of the State is ordered to state active duty by the adjutant general or the director of defense or the governor."

     SECTION 19.  Section 657D-4, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§657D-4[]]  Notice of benefits to persons in and persons entering military service.  The [adjutant general] director of defense shall ensure the giving of notice of the benefits accorded by this chapter to persons entering the state military forces."

     SECTION 20.  Section 657D-21, Hawaii Revised Statutes, is amended to read as follows:

     "(d)  The adjutant general or the director of defense is empowered, subject to rules adopted under chapter 91, to order an allotment of the pay of a person in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by the spouse or other dependents of the person."

     SECTION 21.  Section 657D-32, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§657D-32[]]  Persons entitled to benefits; applications; amount of insurance protected.  The benefits and privileges of this part shall apply to any insured when the insured, or a person designated by the insured, makes written application for protection under this part, unless the insurance commissioner in passing on the application finds that the policy is not entitled to protection under this part.  The adjutant general or the director of defense shall give notice to the state military forces of the provisions of this part, and shall include in the notice an explanation of the provisions for the information of those desiring to make application for benefits.  The original of the application shall be sent by the insured to the insurer, and a copy to the insurance commissioner.  The total amount of insurance on the life of one insured under policies covered by this part shall not exceed $10,000.  If an insured applies for protection of policies on the insured's life totaling insurance in excess of $10,000, the insurance commissioner may have the amount of insurance divided into two or more policies so that the protection of this part may be extended to include policies for a total amount of insurance not to exceed $10,000, and a policy which affords the best security to the government shall be given preference."

     SECTION 22.  Section 657D-52, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  In any proceeding under this chapter, a certificate signed by the adjutant general or the director of defense shall be prima facie evidence as to any of the following facts stated in the certificate:

     (1)  That a person named has not served, is serving, or has served in the state military forces;

     (2)  The time when and the place where the person entered military service, the person's residence at that time, and the rank, branch, and unit of such service that the person entered;

     (3)  The dates the person served in the state military forces;

     (4)  The monthly pay received by the person at the date of issuing the certificate; and

     (5)  If applicable, the time when and the place where the person died in or was discharged from such service.

     (b)  It is the duty of the [adjutant general] director of defense to furnish a certificate on application; and any certificate signed by any one of the officers of the adjutant general or by any person purporting upon the face of the certificates to have been so authorized shall be prima facie evidence of its contents and of the authority of the officer to issue it."

     SECTION 23.  Section 657D-63, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  An exclusion or a waiting period may not be imposed in connection with reinstatement of health insurance coverage for a health or physical condition of a person under subsection (a), or a health or physical condition for any other person who is covered by the insurance by reason of the coverage of such person, if:

     (1)  The condition arose before or during that person's period of training or service in the state military forces;

     (2)  An exclusion or waiting period would not have been imposed for the condition during a period of coverage [[]or[]] participation by such person in the insurance; and

     (3)  The condition of such person has not been determined by the adjutant general or the director of defense to be a disability incurred or aggravated in the line of duty, within the meaning of [[]title[]] 38 United States Code section 105."

     SECTION 24.  Section 121-11, Hawaii Revised Statutes, is repealed.

     ["§121-11  Deputy adjutant general.  The adjutant general may appoint and remove at the adjutant general's pleasure a deputy adjutant general, who shall have a grade no higher than brigadier general.  The deputy adjutant general shall perform duties assigned to the deputy adjutant general by the adjutant general and shall act for and in the place of the adjutant general during the adjutant general's absence or disability."]

     SECTION 25.  The restriction in the last paragraph of section 26-52(b), Hawaii Revised Statutes, against the recommending of salary amounts that are lower than those recommended by prior commissions shall not apply to the commission that submits recommendations during the regular session of 2019 with regard to the salaries of the director of defense, the vice director of defense and the adjutant general, and the vice director of civil defense.

     SECTION 26.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 27.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Department of Defense; Director of Defense; Adjutant General

 

Description:

Establishes the position of director of defense as the head of DOD.  Requires the commission on salaries to recommend the director's salary.  Adjusts the position of the adjutant general to a vice director.  Eliminates the use of military allowance tables in setting the salary of the adjutant general.  Repeals the position of deputy adjutant general.

 

 

 

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