HOUSE OF REPRESENTATIVES	H.B. NO.	572
THIRTY-FIRST LEGISLATURE, 2021		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO THE HAWAII EMERGENCY MANAGEMENT AGENCY.

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 shall also be [the director of the Hawaii emergency management agency as established in section 127A-3 and] the director of homeland security.

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 Hawaii emergency management agency in the absence of the adjutant general, as director of the agency, shall be within the agency."

SECTION 2. Section 127A-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) There is established [within the department of defense] the Hawaii emergency management agency[.], to be placed within the department of defense for administrative purposes only. The [adjutant general] administrator of emergency management 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,] governor, and who shall have at least three years of experience leading emergency management efforts at the local, state, or federal level. The appointment shall not be subject to the advice and consent of the senate. 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, 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."

SECTION 3. The administrator of the Hawaii emergency management agency serving on the effective date of this Act shall remain as administrator until a time as an administrator is appointed by the governor pursuant to section 2 of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2022.

Report Title:

Hawaii Emergency Management Agency; Department of Defense; Administrator; Appointment

Description:

Specifies that the Hawaii emergency management agency is established within the Department of Defense for administrative purposes only. Makes the administrator of emergency management the director of the Hawaii emergency management agency and requires the administrator to report directly to the governor. Requires the governor to appoint the administrator of the Hawaii emergency management agency. Effective 7/1/2022. (SD1)

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