RELATING TO THE HAWAII EMERGENCY MANAGEMENT AGENCY.

SB3111

THE SENATE

S.B. NO.

3111

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 responsible for safeguarding the people
of Hawai`i before, during, and after natural or human-caused disasters.
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Hawaii's
geographic
isolation, reliance on fragile lifelines, and exposure to extreme weather
events, wildfires, tsunamis, and other hazards necessitate a fully staffed,
capable emergency management agency at all times.

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The legislature further finds that Hawai`i emergency
management agency has relied extensively on temporary special project positions
to carry out its duties during declared emergencies.
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While these positions were originally intended
to address short-term needs, the realities of long-term disaster recovery,
including those associated with the 2023 Maui wildfires, demonstrate that these
responsibilities often extend for years rather than months.

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The legislature additionally finds that
instability within the Federal Emergency Management Agency under the current
federal administration creates significant uncertainty in both staffing and
funding support for Hawai`i.
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Leadership
transitions, funding disruptions, and shifting policy priorities at the federal
level place the State at risk of losing critical personnel and institutional expertise
if Hawai`i emergency management agency remains dependent on temporary positions.

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The State cannot afford to allow
disaster preparedness, response, or recovery operations to be compromised due
to unpredictable federal actions.

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Accordingly, the purpose of this Act is to authorize
the Hawai`i emergency management agency to convert the Hawai`i emergency management
agency's temporary special project positions into permanent positions exempt
from civil service under chapters 76, Hawaii Revised Statutes, to ensure workforce
stability, strengthen the retention of trained personnel, and preserve
institutional knowledge, thereby maintaining continuous operational capacity to
protect lives, property, and the environment.

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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;

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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,
special
project positions created for Federal Emergency Management Agency funded
disaster recovery operations,
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

[
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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-3, Hawaii
Revised Statutes, is amended to read as follows:

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"
�127A-3
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Hawaii emergency management agency.

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(a)
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There is established within the department of
defense the Hawaii emergency management agency.
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The adjutant general shall serve as the
director of Hawaii emergency management and, subject to the direction and
control of the governor, shall oversee the agency.

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(b)
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There shall be an administrator of emergency
management 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
shall be the civilian head of and responsible for the day-to-day operations of
the agency.
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The administrator of
emergency management 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.
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The administrator of emergency management
shall not be subject to chapter 76.

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(c)
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The administrator may, from funds allotted
therefor, 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 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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(e)
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The agency shall perform emergency management
functions within the territorial limits of the State.
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In performing its duties, the agency shall:

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(1)
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Prepare
a state comprehensive emergency management plan, which shall be integrated into
and coordinated with the emergency management plans of the federal government.
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The plan shall be integrated by a continuous,
integrated comprehensive emergency management program.
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The plan shall contain provisions to ensure
that the State prepares for, mitigates against, responds to, and recovers from
emergencies and minor, major, and catastrophic disasters.
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In preparing and maintaining the plan, the
agency shall work closely with agencies and organizations with emergency
management responsibilities;

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(2)
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Assign
lead and support responsibilities to state agencies and personnel for emergency
management functions and other support activities;

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(3)
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Adopt
standards and requirements for county emergency management plans.
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The standards and requirements shall ensure
that county plans are coordinated and consistent with the state comprehensive
emergency management plan;

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(4)
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Make
recommendations to the legislature, building code organizations, and counties
for zoning, building, and other land use controls; and other preparedness,
prevention, and mitigation measures designed to eliminate emergencies or reduce
their impact;

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(5)
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Anticipate
trends and promote innovations that will enhance the emergency management
system;

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(6)
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Institute
statewide public awareness programs.
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This shall include intensive public
educational campaigns on emergency preparedness issues, including but not
limited to the personal responsibility of individual citizens to be
self-sufficient for up to fourteen days following a natural or human-caused
disaster;

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(7)
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Coordinate
federal, state, and local emergency management activities and take all other
steps, including the partial or full mobilization of emergency management
forces and organizations in advance of an actual emergency, to ensure the
availability of adequately trained and equipped forces of emergency management
personnel before, during, and after emergencies and disasters;

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(8)
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Implement
training programs to improve the ability of state and local emergency
management personnel to prepare and implement emergency management plans and
programs.
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This shall include a
continuous training program for agencies and individuals that will be called on
to perform key roles in state and local post-disaster response and recovery
efforts and for local government personnel on federal and state post-disaster
response and recovery strategies and procedures;

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(9)
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Adopt
standards and requirements for state agency emergency operating procedures and
periodically review emergency operating procedures of state agencies and
recommend revisions as needed to ensure consistency with the state
comprehensive emergency management plan and program; and

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(10)
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Coordinate,
in advance whenever possible, such executive orders, proclamations, and rules
for issuance by the governor as are necessary or appropriate for coping with
emergencies and disasters.

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(f)
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The agency, with the approval of the governor and subject to positions
authorized by the legislature, may establish permanent special project
positions exempt from chapters 76 that are created for Federal Emergency
Management Agency funded disaster recovery operations.

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Notwithstanding any law to the contrary,
the department of defense may authorize overtime compensation for these special
project positions; provided that the compensation shall be subject to the
availability of funds and consistent with the Fair Labor Standards Act of 1938,
as amended.

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The agency shall submit an annual report
to the legislature no later than twenty days prior to the convening of each
regular session.
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The report shall
include:

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(1)
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A
list of all special project positions under this subsection that are exempt
from chapter 76;

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(2)
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The
justification for the exempt status of each position; and

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(3)
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Recommendations
on whether any positions should be converted to civil service, including
anticipated timelines for conversion, if applicable.
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SECTION 4.
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There are established within the Hawai`i emergency management agency
permanent full-time equivalent special project positions pursuant to section
127A-3(f), Hawaii Revised Statutes.
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The number and classification of these exempt positions shall
initially correspond to the temporary special project positions, created for
Federal Emergency Management Agency funded disaster recovery operations, that
are in existence on June 30, 2026, including but not limited to positions in
disaster recovery, grants management, planning, logistics, mitigation, and
operations.

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SECTION 5.
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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 6.
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This Act, upon its approval, shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

HIEMA; Special Project Positions; Civil Service; Exemption

Description:

Authorizes
the Hawaii Emergency Management
Agency to convert temporary special project positions created for Federal
Emergency Management Agency funded disaster recovery operations into permanent
positions exempt from civil service, subject to certain limitations.

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