SECTION 1. The legislature finds that there is an ever increasing possibility of terrorist or other man-made threats to: infrastructure critical to national security; local, state and federal governmental entities; and the stability and security of the citizens of Hawaii. The increasing sophistication of terrorist groups, trans-national criminal organizations, and others who would threaten the peace and security of our state, greatly complicates our ability to protect our citizens and prevent attacks.

The legislature further finds that state departments and agencies are performing many missions and tasks to combat terrorism and support homeland security requirements without underlying statutory authority or enabling legislation.

The purpose of this Act is to establish a homeland security office and supporting laws to provide a comprehensive program to protect our citizens, infrastructure, and government from terrorism and threat of attack.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HOMELAND SECURITY

§ -1 Policy and purpose. (a) Because of the existing and increasing possibility of the occurrence of terrorist attacks of unprecedented size and destructiveness, and in order to ensure that preparations of the State will be adequate to deal with such attacks, and generally to protect the public peace, health, and safety, and to preserve the lives and property of the people of the State, it is hereby found and declared to be necessary:

(1) To provide for homeland security by the State, and to authorize the creation of local organizations for homeland security in the counties of the State;

(2) To confer upon the governor the emergency powers provided herein; and

(3) To provide programs, in coordination with county agencies, other state and federal agencies, and the private sector, to educate and train publicly and privately employed workers and the general public to be prepared for attacks.

(b) It is further declared to be the purpose of this chapter and the policy of the State that all homeland security functions of the State and its counties be coordinated to the maximum extent with the comparable functions of the federal government including its various departments, and agencies of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any attack that may occur.

§ -2 Definitions. As used in this chapter:

"Attack" means any attack or series of attacks by anyone causing, or which may cause, damage or injury to persons or property in the United States in any manner by the use of chemical, biological, radiological, nuclear, explosives, firearms, cyber, or other weapons or processes; and any form of hostile action.

"County" means any of the political subdivisions including the counties of Hawaii, Maui, and Kauai and the city and county of Honolulu, but does not include the county of Kalawao.

"Director of homeland security" means the adjutant general, pursuant to section 26-21.

"Facilities", except as otherwise provided in this chapter, includes buildings and other structures, shelters, land, and appurtenant materials.

"Homeland security" means a concerted effort to prevent terrorist attacks within the United States; reduce Hawaii's vulnerability to terrorism and attacks; and minimize the damage and recover from attacks that occur.

"Mayor" means the senior elected official of the executive branch of each political subdivision in the State of Hawaii, but does not include the county of Kalawao.

"Necessary" means and refers to such means, measures, or other actions or determinations as are necessary in the opinion of the governor, or the governor's authorized representative or mayor or mayor's authorized representative.

"States" includes the several states of the United States, the District of Columbia, and the possessions and territories of the United States.

§ -3 State homeland security office. (a) There shall be established within the department of defense an office of homeland security. The director of homeland security will employ appropriate personnel and make expenditures as may be necessary to carry out this chapter. The director shall appoint an administrator of homeland security, who shall be appointed and removed by the director, and who shall receive such compensation as the salary commission may determine.

(b) The administrator shall be responsible for formulating and carrying out programs for homeland security. The administrator shall ensure coordination and cooperation between all organizations for homeland security, public, including county, state, and federal, or private, and shall cooperate with state, county, and federal homeland security and law enforcement agencies.

§ -4 Homeland security responsibilities. In performing the director's duties under this chapter, the director of homeland security, or the director's authorized representative, may:

(1) Prepare comprehensive plans and programs for homeland security and homeland defense, these plans and programs to be integrated and coordinated with the plans of the counties and the federal government to the fullest possible extent;

(2) Make such studies and surveys of the vulnerabilities of critical infrastructure and key resources in this State as may be necessary, and participate in planning for their protection;

(3) Develop and maintain a critical infrastructure list, coordinating said list with the counties of the State, other state agencies, federal agencies (including defense and homeland security), the private sector, and other agencies and organizations as necessary;

(4) Develop and maintain a capability to process security clearance applications for civilian workers of the State and county governments;

(5) Foster coordination on security matters with all nations of the pacific region, including but not limited to coordinating planning efforts, as appropriate, sponsoring discussions and seminars, and hosting periodic international conferences; and

(6) Solicit and manage funding, including but not limited to grants, from the federal government, including managing funds from: other divisions in the department of defense; and other state agencies, if the director and the other department directors agree, which agreement may include providing personnel support to the homeland security office.

§ -5 Local organizations for homeland security. Counties may establish local organizations for homeland security. Counties that do not establish a separate organization for homeland security shall incorporate the functions of section -4 into the responsibilities of the county civil defense agency."

SECTION 3. 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 civil defense [.] and the director of homeland security.

There shall be a full-time vice director of civil defense who shall be appointed and may be removed by the director.

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 civil defense agency in the absence of the director of civil defense shall be within the civil defense agency."

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

THE SENATE	S.B. NO.	1081
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII