SB3198 SD1

SECTION 1. The legislature finds that for more than seventy-five years, the civil air patrol has assisted emergency management agencies throughout the nation with response and recovery efforts during and after a disaster. The civil air patrol is a non-profit organization and an auxiliary of the United States Air Force, and its missions include emergency services, aerospace education, and cadet programs. Civil air patrol members are volunteers who serve as pilots, scanners, and ground crew to fulfill its mission.

The legislature further finds that the civil air patrol emergency response and recovery activities have included search and rescue efforts, damage assessments, aerial photography of impacted areas, alerts and notifications, and the transportation of supplies. Most recently, the civil air patrol assisted with the Maui wildfires, providing aerial reconnaissance to help fight the fires once the high winds made it safe to do so. Photographs taken as part of the aerial reconnaissance were used to document and provide detailed information for search and rescue and damage assessment. The civil air patrol also conducted aerial reconnaissance of the State after the severe weather incident in December 2021. Those photographs were instrumental in documenting the damage to roadways on the island of Maui and were included in the State's application for a federal disaster declaration. Similar missions were conducted on the island of Hawaii during the Kilauea volcanic eruptions and on the island of Kauai during the recent flood events. In situations where the State has been threatened by a tsunami, the civil air patrol was called upon to alert remote areas by using speakers mounted to civil air patrol aircraft in areas not serviced by outdoor alert system speakers.

The legislature also finds that the Hawaii wing of the civil air patrol conducted these activities for years with state funding for operational expenses. However, that funding ceased in 2019 and was only recently reappropriated in 2023.

Accordingly, the purpose of this Act is to appropriate funds for civilian auxiliary aviation operations of the type performed by the civil air patrol.

SECTION 2. Section 42F-103, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In addition, a grant may be made to an organization only if the organization:

(1) Is either:

(A) Incorporated under the laws of the State; or

(B) Spends at least ninety per cent of its operating budget in the State; and

(C) Registered with the department of commerce and consumer affairs and in possession of a valid certificate of vendor compliance issued by the State that documents the organization's compliance and good standing with the United States Internal Revenue Service, department of taxation, department of labor and industrial relations, and department of commerce and consumer affairs; and

(2) Has bylaws or policies that describe the manner in which the activities or services for which a grant is awarded shall be conducted or provided[.]; provided that the requirements of this subsection shall not apply to any incorporated agency or instrumentality of the United States, wholly owned by the United States, or by a corporation wholly owned by the United States."

SECTION 3. Section 261-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [~~Beginning~~] Notwithstanding any law to the contrary, including chapter 42F, beginning in fiscal year [~~1988-1989 and in accordance with chapter 42F,~~] 2024-2025, the sum of $190,600 annually or so much thereof as may be necessary shall be [~~granted~~] appropriated by the legislature from the general fund to carry on the operations and defray the expenses of the Hawaii wing, civil air patrol; provided that not less than [~~$3,000~~] $10,000 shall be allocated to each Hawaii based civil air patrol unit that meets minimum requirements established by national headquarters and has demonstrated its capability to respond to emergencies within the State. Beginning in fiscal year 2025-2026, funds required to be appropriated under this subsection shall be included in the department of defense's annual budget request."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for civilian auxiliary aviation services, which may include search and rescue, damage assessments, aerial photography of impacted areas, alerts and notifications, and transportation of supplies.

The sum appropriated shall be expended by the department of defense for the purposes of this Act.

SECTION 5. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37 91 and 37 93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024 2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024 2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024 2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 6. This Act shall take effect on July 1, 2024.

THE SENATE	S.B. NO.	3198
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII