RELATING TO THE HAWAII EMERGENCY MANAGEMENT AGENCY.

SB3109

THE SENATE

S.B. NO.

3109

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE
HAWAII EMERGENCY MANAGEMENT AGENCY
.

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

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SECTION 1.
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The
legislature finds that the Hawai`i emergency management agency is administratively
attached to the department of defense and currently led by an administrator of
emergency management.
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However, the
increasing frequency and complexity of both natural and human-caused disasters
in Hawai`i require a leadership structure with clearer operational authority
and a more defined chain of command within the department of defense.

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The legislature further finds that the
department of transportation provides a useful organizational model, with a
director supported by deputy directors who each have defined operational
authority over administration, airports, harbors, and highways.
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Similarly, converting the administrator
position of the Hawai`i emergency management agency into a deputy director
position within the department of defense, under the direction of the adjutant
general who serves as the director of Hawaii emergency management, will
strengthen coordination, clarify authority, and enhance the State's ability to
prepare for, respond to, and recover from disasters.

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Accordingly, the purpose of this Act is to
establish the administrator of emergency management as the deputy director of
emergency management, serving under the adjutant general within the department
of defense, and to vest this position with operational authority over the Hawai`i
emergency management agency.

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SECTION 2.
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Section 76-16, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

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"(b)
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The civil service to which this chapter
applies shall comprise all positions in the State now existing or hereafter
established and embrace all personal services performed for the State, except
the following:

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(1)
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Commissioned
and enlisted personnel of the Hawaii National Guard and positions in the Hawaii
National Guard that are required by state or federal laws or regulations or
orders of the National Guard to be filled from those commissioned or enlisted
personnel;

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(2)
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Positions
filled by persons employed by contract where the director of human resources
development has certified that the service is special or unique or is essential
to the public interest and that, because of circumstances surrounding its
fulfillment, personnel to perform the service cannot be obtained through normal
civil service recruitment procedures.
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Any contract may be for any period not exceeding one year;

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(3)
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Positions
that must be filled without delay to comply with a court order or decree if the
director determines that recruitment through normal recruitment civil service
procedures would result in delay or noncompliance, such as the Felix-Cayetano
consent decree;

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(4)
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Positions
filled by the legislature or by either house or any committee thereof;

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(5)
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Employees
in the office of the governor and office of the lieutenant governor, and
household employees at Washington Place;

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(6)
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Positions
filled by popular vote;

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(7)
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Department
heads, officers, and members of any board, commission, or other state agency
whose appointments are made by the governor or are required by law to be
confirmed by the senate;

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(8)
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Judges,
referees, receivers, masters, jurors, notaries public, land court examiners,
court commissioners, and attorneys appointed by a state court for a special
temporary service;

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(9)
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One
bailiff for the chief justice of the supreme court who shall have the powers
and duties of a court officer and bailiff under section 606-14; one secretary
or clerk for each justice of the supreme court, each judge of the intermediate
appellate court, and each judge of the circuit court; one secretary for the
judicial council; one deputy administrative director of the courts; three law
clerks for the chief justice of the supreme court, two law clerks for each
associate justice of the supreme court and each judge of the intermediate
appellate court, one law clerk for each judge of the circuit court, two
additional law clerks for the civil administrative judge of the circuit court
of the first circuit, two additional law clerks for the criminal administrative
judge of the circuit court of the first circuit, one additional law clerk for
the senior judge of the family court of the first circuit, two additional law
clerks for the civil motions judge of the circuit court of the first circuit,
two additional law clerks for the criminal motions judge of the circuit court
of the first circuit, and two law clerks for the administrative judge of the
district court of the first circuit; and one private secretary for the
administrative director of the courts, the deputy administrative director of
the courts, each department head, each deputy or first assistant, and each
additional deputy, or assistant deputy, or assistant defined in paragraph (16);

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(10)
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First
deputy and deputy attorneys general, the administrative services manager of the
department of the attorney general, one secretary for the administrative
services manager, an administrator and any support staff for the criminal and
juvenile justice resources coordination functions, and law clerks;

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(11)

(A)
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Teachers, principals, vice-principals, complex
area superintendents, deputy and assistant superintendents, other certificated
personnel, and no more than twenty noncertificated administrative,
professional, and technical personnel not engaged in instructional work;

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(B)
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Effective
July 1, 2003, teaching assistants, educational assistants, bilingual or
bicultural school-home assistants, school psychologists, psychological
examiners, speech pathologists, athletic health care trainers, alternative
school work study assistants, alternative school educational or supportive
services specialists, alternative school project coordinators, and
communications aides in the department of education;

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(C)
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The
special assistant to the state librarian and one secretary for the special
assistant to the state librarian; and

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(D)
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Members
of the faculty of the university of Hawaii, including research workers,
extension agents, personnel engaged in instructional work, and administrative,
professional, and technical personnel of the university;

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(12)
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Employees
engaged in special, research, or demonstration projects approved by the
governor;

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(13)

(A)
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Positions filled by inmates, patients of state
institutions, and persons with severe physical or mental disabilities
participating in the work experience training programs;

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(B)
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Positions
filled with students in accordance with guidelines for established state
employment programs; and

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(C)
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Positions
that provide work experience training or temporary public service employment
that are filled by persons entering the workforce or persons transitioning into
other careers under programs such as the federal Workforce Investment Act of
1998, as amended, or the Senior Community Service Employment Program of the
Employment and Training Administration of the United States Department of
Labor, or under other similar state programs;

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(14)
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A
custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

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(15)
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Positions
filled by persons employed on a fee, contract, or piecework basis, who may
lawfully perform their duties concurrently with their private business or
profession or other private employment and whose duties require only a portion
of their time, if it is impracticable to ascertain or anticipate the portion of
time to be devoted to the service of the State;

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(16)
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Positions
of first deputies or first assistants of each department head appointed under
or in the manner provided in section 6, article V, of the Hawaii State
Constitution; three additional deputies or assistants either in charge of the
highways, harbors, and airports divisions or other functions within the
department of transportation as may be assigned by the director of
transportation, with the approval of the governor; one additional deputy in the
department of human services either in charge of welfare or other functions
within the department as may be assigned by the director of human services;
four additional deputies in the department of health, each in charge of one of
the following:
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behavioral health, environmental
health, hospitals, and health resources administration, including other
functions within the department as may be assigned by the director of health,
with the approval of the governor; two additional deputies in charge of the law
enforcement programs, administration, or other functions within the department
of law enforcement as may be assigned by the director of law enforcement, with
the approval of the governor; three additional deputies each in charge of the
correctional institutions, rehabilitation services and programs, and administration
or other functions within the department of corrections and rehabilitation as
may be assigned by the director of corrections and rehabilitation, with the
approval of the governor; two administrative assistants to the state librarian;
[
and
] an administrative assistant to the superintendent of education;
and
the deputy director of emergency management in the department of defense;

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(17)
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Positions
specifically exempted from this part by any other law; provided that:

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(A)
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Any
exemption created after July 1, 2014, shall expire three years after its
enactment unless affirmatively extended by an act of the legislature; and

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(B)
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All
of the positions defined by paragraph (9) shall be included in the position
classification plan;

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(18)
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Positions
in the state foster grandparent program and positions for temporary employment
of senior citizens in occupations in which there is a severe personnel shortage
or in special projects;

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(19)
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Household
employees at the official residence of the president of the university of
Hawaii;

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(20)
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Employees
in the department of education engaged in the supervision of students during
meal periods in the distribution, collection, and counting of meal tickets, and
in the cleaning of classrooms after school hours on a less than half-time
basis;

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(21)
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Employees
hired under the tenant hire program of the Hawaii public housing authority;
provided that no more than twenty-six per cent of the authority's workforce in
any housing project maintained or operated by the authority shall be hired
under the tenant hire program;

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(22)
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Positions
of the federally funded expanded food and nutrition program of the university
of Hawaii that require the hiring of nutrition program assistants who live in
the areas they serve;

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(23)
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Positions
filled by persons with severe disabilities who are certified by the state
vocational rehabilitation office that they are able to perform safely the
duties of the positions;

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(24)
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The
sheriff;

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(25)
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A
gender and other fairness coordinator hired by the judiciary;

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(26)
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Positions
in the Hawaii National Guard youth and adult education programs;

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(27)
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In
the Hawaii state energy office in the department of business, economic
development, and tourism, all energy program managers, energy program
specialists, energy program assistants, and energy analysts;

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(28)
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Administrative
appeals hearing officers in the department of human services;

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(29)
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In
the Med-QUEST division of the department of human services, the division
administrator, finance officer, health care services branch administrator,
medical director, and clinical standards administrator;

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(30)
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In
the director's office of the department of human services, the enterprise
officer, information security and privacy compliance officer, security and
privacy compliance engineer, security and privacy compliance analyst,
information technology implementation manager, assistant information technology
implementation manager, resource manager, community or project development
director, policy director, special assistant to the director, and limited
English proficiency project manager or coordinator;

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(31)
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The
Alzheimer's disease and related dementia services coordinator in the executive
office on aging;

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(32)
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In
the Hawaii emergency management agency, the executive officer, public
information officer, civil defense administrative officer, branch chiefs, and
emergency operations center state warning point personnel; provided that for
state warning point personnel, the director shall determine that recruitment
through normal civil service recruitment procedures would result in delay or
noncompliance;

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(33)
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The
executive director and seven full-time administrative positions of the school
facilities authority;

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(34)
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Positions
in the Mauna Kea stewardship and oversight authority;

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(35)
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In
the office of homeland security of the department of law enforcement, the
statewide interoperable communications coordinator;

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(36)
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In
the social services division of the department of human services, the business
technology analyst;

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(37)
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The
executive director and staff of the 911 board;

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(38)
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The
software developer supervisor and senior software developers in the department
of taxation;

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(39)
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In
the department of law enforcement, five Commission on Accreditation for Law
Enforcement Agencies, Inc., coordinator positions;

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(40)
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The
state fire marshal and deputy state fire marshal in the office of the state
fire marshal;

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(41)
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The
administrator for the law enforcement standards board;

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(42)
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In
the office of the director of taxation, the data privacy officer and tax
business analysts; and

[
[
](43)[
]
]
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All positions filled by the Hawaii tourism
authority within the department of business, economic development, and tourism.

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The director shall determine the
applicability of this section to specific positions.

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Nothing in this section shall be deemed to
affect the civil service status of any incumbent as it existed on July 1, 1955."

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SECTION 3.
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Section 127A-2, Hawaii Revised Statutes, is amended by amending the
definition of "administrator" to read as follows:

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"[
"Administrator"
]
"Deputy
director"
means the [
administrator
]
deputy director
of [
the
Hawaii
] emergency management [
agency
] established by section 127A-3."

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SECTION 4.
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Section 127A-3, Hawaii Revised Statutes, is amended by amending
subsections (b) to (d) to read as follows:

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"(b)
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There shall be [
an administrator
]
a deputy director
of
emergency management
within the department of defense,
who shall be
appointed, and may be removed, by the director, and who shall have at least
three years of experience leading emergency management efforts at the local,
state, or federal level.
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The [
administrator
of emergency management
]
deputy director
shall be
the first
assistant to the director with respect to emergency management functions and

the civilian head of and responsible for the day-to-day operations of the
agency.
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In the absence of the
director, the deputy director shall exercise all powers and duties as they
relate to emergency management.
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The
[
administrator of emergency management
]
deputy director
shall
report to the director[
.
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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.
]
and shall be paid a salary commensurate with
the tier two deputy directors, as defined by the current salary commission,
until the next salary commission is convened.
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The [
administrator of emergency management
]

deputy director
shall not be subject to chapter 76.

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(c)
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The [
administrator
]
deputy director
may, from funds
allotted therefore, employ technical, clerical, administrative, and other
personnel and make such expenditures as may be necessary.

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(d)
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The [
administrator
]
deputy director
shall coordinate the
activities of the agency with all county emergency management agencies, other
state agencies, other states, or federal agencies involved in emergency
management activities, and all organizations for emergency management within
the State, whether public or private, and shall maintain liaison and cooperate
with all county emergency management agencies, other state agencies, other
states, or federal agencies involved in emergency management activities as
provided in this chapter."

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SECTION 5.
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Section 127A-5, Hawaii Revised Statutes, is amended by amending
subsection (i) to read as follows:

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"(i)
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Each county, under the mayor's direction, shall coordinate, develop, and
implement a comprehensive emergency management plan for the county and submit
annual reports to the [
administrator
]
deputy director
on the
status and updates of the plan."

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SECTION 6.
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Sections 127A-6, 127A-16, and 127A-16.5, Hawaii Revised Statutes, are
amended by substituting the word "deputy director," or similar term,
wherever the word "administrator," or similar term, appears, as the
context requires.

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SECTION 7.
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Every reference to the administrator of emergency management in all
rules, policies, procedures, guidelines, and other material adopted or
developed by the Hawai
`
i emergency management agency
is amended to refer to the deputy director of emergency management, as
appropriate, until amended or repealed by the Hawai
`
i emergency management agency.

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SECTION 8.
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The commission on salaries shall, pursuant to section 26-56, Hawaii
Revised Statutes, include the deputy director of emergency management within
its recommendations for executive branch salary levels beginning with the next
adjustment cycle following the enactment of this Act.

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SECTION 9.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 10.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

DOD; Hawaii Emergency Management Agency; Administrator; Deputy
Director; Commission on Salaries

Description:

Establishes the Administrator of the Hawai
`
i Emergency Management
Agency as the Deputy Director of Emergency Management within the Department of Defense,
under the direction of the Adjutant General, and clarifies the position's
reporting structure and duties.
�
Requires
the Commission on Salaries, pursuant to section 26-56, HRS, to include the
Deputy Director of Emergency Management in its recommendations for executive
branch salary levels.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.