Civil Defense

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                                            

                     A BILL FOR AN ACT



 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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                                     S.B. NO.           2601

 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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                                     S.B. NO.           2601

 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.
16                           INTRODUCED BY:  _______________________