REPORT TITLE:
Civil Defense


DESCRIPTION:
Changes the County Defense Administrator from a civil service to
an exempt position.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2601
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO CIVIL DEFENSE.



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

 1      SECTION 1.  Section 128-3, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (d) to read as follows:
 
 3      "(d)  The director shall, with the approval of the county
 
 4 council, appoint for each political subdivision a deputy director
 
 5 who may be removed by the director.  Deputy directors shall serve
 
 6 without compensation from the State but shall receive such
 
 7 compensation as may be provided by the political subdivision
 
 8 [pursuant to chapter 77.  Chapter 76 shall apply to full-time
 
 9 deputy directors].  Part-time deputy directors may hold other
 
10 office or employment in the state government, or any political
 
11 subdivision.  Each deputy director, subject to the direction and
 
12 control of the director, shall be the head of all local
 
13 organizations for civil defense within the political subdivision
 
14 for which the deputy director is appointed."
 
15      SECTION 2.  Section 129-13, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "128-13  Power and authority of local organizations.  Each
 
18 political subdivision shall have the power and authority:
 
19      (1)  Deputy director's staff.  To provide, for the deputy
 

 
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 1           director of such political subdivision, an assistant or
 
 2           assistants whose appointment shall be approved by the
 
 3           director of civil defense, and such technical,
 
 4           clerical, stenographic, and other personnel, office
 
 5           space, furniture, equipment, supplies, and funds as may
 
 6           be necessary to carry out the purposes of this chapter.
 
 7           [Chapter 76 shall apply to the] The full-time deputy
 
 8           director or the deputy director's first assistant[.]
 
 9           shall serve without regard to chapters 76 and 77 and
 
10           shall be entitled to participate in any employee
 
11           benefit plan.
 
12      (2)  Appropriations, etc.  To make appropriations and
 
13           authorize expenditures for the purposes of this
 
14           chapter, including the power to place under the control
 
15           of the governor, for expenditure as matching funds for
 
16           federal aid, or for any purpose within the powers of
 
17           the governor, moneys appropriated by it; to make
 
18           appropriations and authorize expenditures for the 
 
19 purposes of this chapter out of the normal revenues or fund
 
20 balances or surpluses of the political subdivision,
 
21 notwithstanding any legal restrictions upon the purposes for
 
22 which the funds may be expended, except that pension and
 
23 retirement funds, funds set aside for the redemption of bonds or
 
24 the payment of interest thereon, trust funds, loan funds, and
 

 
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 1 funds received from the federal government or from any person for
 
 2 specific purposes shall not be affected.
 
 3      (3)  Procurement, etc.  To purchase, make, produce,
 
 4           construct, rent, lease, or procure by condemnation, or
 
 5           otherwise, transport, store, install, maintain, and
 
 6           insure, repair, renovate, restore, replace or
 
 7           reconstruct, and distribute, furnish or otherwise
 
 8           dispose of, with or without charges, materials and
 
 9           facilities for civil defense; and to procure federal
 
10           aid therefor whenever feasible.  Chapter 103D, sections
 
11           103-50, 103-50.5, 103-53, 103-55, 105-1 to 105-10, and
 
12           464-4 shall not apply to any civil defense functions of
 
13           and to the extent that the mayor finds that the
 
14           provisions, in whole or in part, impede or tend to
 
15           impede the expeditious discharge of the functions, or
 
16           that compliance therewith is impracticable due to
 
17           existing conditions.
 
18      (4)  Personnel.  To provide for the appointment, employment,
 
19           training, equipping, and maintaining, with
 
20           compensation, or on a volunteer basis without
 
21           compensation and without regard to chapters 76, 77, 79,
 
22           and 88 and section 78-1, of such agencies, officers,
 

 
 
 
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 1           and other persons as it deems necessary to carry out
 
 2           this chapter; to determine to what extent any law
 
 3           prohibiting the holding of more than one office or
 
 4           employment applies to the agencies, officers, and other
 
 5           persons; and subject to section 128-15, to provide for
 
 6           the interchange of personnel, by detail, transfer or
 
 7           otherwise, between agencies or departments of the
 
 8           political subdivision, or between political
 
 9           subdivisions.
 
10      (5)  Contributions.  To receive, expend, or use
 
11           contributions or grants in money, property, or
 
12           services, or loans of property, or special
 
13           contributions or grants in money, property, or
 
14           services, or loans of property, for special purposes
 
15           provided for by this chapter.
 
16      (6)  Charges.  To make charges in such cases and in such
 
17           amounts as it deems advisable, for any property sold,
 
18           work performed, services rendered, or accommodations or
 
19           facilities furnished by the political subdivision under
 
20           this chapter.
 
21      (7)  Contracts.  To make or authorize such contracts as may
 
22           be necessary to carry out this chapter.
 
23      (8)  Mutual aid plans.  To participate in and carry out
 

 
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 1           mutual aid plans and agreements or compacts, sponsored
 
 2           or developed by the state civil defense agency.
 
 3      (9)  Continuity of government.  To insure continuity of
 
 4           government during a civil defense emergency period, the
 
 5           legislative body of a county may by ordinance, unless
 
 6           otherwise provided by law, provide the procedure for
 
 7           the appointment and designation of stand-by officers
 
 8           for the legislative body and the elected chief
 
 9           executive of the county for the emergency period, who
 
10           shall serve in the event of the unavailability of the
 
11           officers for whom they stand by."
 
12      SECTION 3.  Statutory material to be repealed is bracketed.
 
13 New Statutory material is underscored.    
 
14      SECTION 4.  This Act shall take effect upon its approval.
 
15 
 
16                           INTRODUCED BY:  _______________________