Bill Text: HI HB1344 | 2015 | Regular Session | Amended

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Bill Title: Department of Defense; Mitigation of Hazardous Situations; News Media Access; Appropriation ($)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled - Dead) 2015-05-01 - Conference Committee Meeting will reconvene on Friday, 05-01-15 at 4:45 pm in Conference Room 312. [HB1344 Detail]

Download: Hawaii-2015-HB1344-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1344
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO MITIGATION OF HAZARDOUS SITUATIONS.

 

 

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

 

     SECTION 1.  The legislature finds that there are often significant events in the State that greatly affect the State's residents.  The recent lava flow on Hawaii island impacted many residents, but the news media was restricted from accessing areas that were closed pursuant to emergency management powers.  As a result, the news media was unable to disseminate complete information to residents.  The legislature finds that complete accurate information can be crucial in the mitigation of hazards.

     The legislature further finds that section 127A-18, Hawaii Revised Statutes, authorizes the governor to allow state employees, agents, contractors, or representatives to enter private property to mitigate situations deemed to be hazardous to the health and safety of the public.

     The legislature also finds that the Hawaii emergency management agency must have authorization and funding for the hiring of designated personnel to oversee the mitigation of hazardous situations program and carry out the duties identified in section 127A-18, Hawaii Revised Statutes.  Currently, there is no funding available to the Hawaii emergency management agency for the hiring of designated personnel to oversee and administer the program.

     The purpose of this Act is to:

     (1)  Authorize journalists and newscasters to cover the mitigation of hazardous situations and access areas that are closed pursuant to emergency management powers of the governor or mayor; and

     (2)  Provide personnel and funds to the Hawaii emergency management agency in order to effectuate section 127A-18, Hawaii Revised Statutes.

     SECTION 2.  Section 127A-12, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§127A-12[]]  Emergency management powers, in general.  (a)  The governor or mayor, as applicable, may exercise the following powers pertaining to emergency management:

     (1)  Prepare comprehensive plans and programs for the protection of the State or county against all hazards, which shall be integrated into and coordinated with the emergency management plans of the State, counties, the federal government, other states, and private-sector and nonprofit organizations;

     (2)  Identify emergency workers required to report for duty as directed by the department head regardless of the availability of any type of leave;

     (3)  Institute training, preparedness, and public-information programs in coordination with the State, counties, the federal government, other states, and private-sector and nonprofit organizations;

     (4)  Provide or authorize suitable insignia of authority for all authorized emergency management personnel; and

     (5)  Direct or control as may be necessary for emergency management:

         (A)  Alerts, warnings, notifications, activations, exercises, drills, and tests;

         (B)  Warnings and signals for alerts or exercises, and any type of warning device, system, or method to be used in connection therewith;

         (C)  Partial or full mobilization of personnel for exercises or training, in advance of, or in response to, an actual emergency or disaster; and

         (D)  The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, before, and after alerts, exercises, training, emergencies, or disasters.

     (b)  The governor may exercise the following powers pertaining to emergency management:

     (1)  Support requests from a mayor for assistance in preparing for, responding to, and recovering from any emergency or disaster or threat thereof;

     (2)  Lease, lend, or otherwise furnish, on such terms and conditions as the governor may consider necessary to promote the public welfare and protect the interest of the State, any real or personal property of the state government, to the President of the United States, the armed forces, or to the emergency management agency of the United States;

     (3)  Enter into, participate in, or carry out mutual aid agreements or compacts for emergency management or emergency management functions with the federal government and with other states;

     (4)  Sponsor and develop mutual aid plans and agreements for emergency management between the State, one or more counties, and other governmental, private-sector, and nonprofit organizations, for the furnishing or exchange of food, clothing, medicine, and other materials; engineering services; emergency housing; police services; health, medical, and related services; firefighting, rescue, transportation, and construction services and facilities; personnel necessary to provide or conduct these services; and such other materials, facilities, personnel, and services as may be needed.  The mutual aid plans and agreements may be made with or without provisions for reimbursement of costs and expenses, and on such terms and conditions as are deemed necessary;

     (5)  Take possession of, use, manage, control, and reallocate any public property of the State, real or personal, required by the governor for the purposes of this chapter, including airports, parks, playgrounds, and schools, and other public buildings.  Whenever the property is so taken, the governor may make such provision for the temporary accommodation of the government service affected thereby as the governor may deem advisable;

     (6)  Utilize all services, materials, and facilities of nongovernmental agencies, relief organizations, community associations, and other private-sector and nonprofit organizations that may be made available;

     (7)  Receive, expend, or use contributions or grants, which shall be deemed to be trust funds, in money, property, or services, or loans of property, or special contributions or grants in money, property, or services, or loans of property, for special purposes provided for by this chapter; establish funds in the state treasury for the deposit and expenditure of the moneys; procure federal aid as the same may be available; and apply the provisions of chapter 29 in cases of federal aid, even though not in the form of money.  The contributions or grants are appropriated for the purposes of this chapter, or for the special purposes;

     (8)  Purchase, make, produce, construct, rent, lease, or procure by condemnation or otherwise, transport, store, install, maintain, and insure, repair, renovate, restore, replace or reconstruct, and distribute, furnish or otherwise dispose of, with or without charges, materials and facilities for emergency management; and to procure federal aid therefor whenever feasible.  Chapter 103D and sections 103-50, 103-53, 103-55, 105-1 to 105-10, and 464-4 shall not apply to any emergency management functions of the governor to the extent that the governor finds that the provisions, in whole or in part, impede or tend to impede the expeditious discharge of those functions, or that compliance therewith is impracticable due to existing conditions;

     (9)  Provide for the appointment, employment, training, equipping, and maintaining with compensation, or on a volunteer basis without compensation and without regard to chapters 76, 78, and 88, of such agencies, officers, and other persons as the governor deems necessary to carry out the purposes of this chapter; to determine to what extent any law prohibiting the holding of more than one office or employment applies to the agencies, officers, and other persons; and subject to provisions of this chapter, to provide for the interchange of personnel, by detail, transfer, or otherwise, between agencies or departments of the State;

    (10)  Make charges in such cases and in such amounts as the governor deems advisable, for any property sold, work performed, services rendered, or accommodations or facilities furnished by the State under this chapter;

    (11)  Make or authorize [such] contracts as may be necessary to carry out this chapter;

    (12)  Establish special accounting forms and practices whenever necessary;

    (13)  Require each public utility, or any person owning, controlling, or operating a critical infrastructure facility as identified by the governor, to protect and safeguard its or the person's property, or to provide for the protection and safeguarding thereof; and provide for the protection and safeguarding of all critical infrastructure and key resources; provided that without prejudice to the generality of the foregoing two clauses, the protecting and safeguarding may include the regulation or prohibition of public entry thereon, or the permission of the entry upon [such] terms and conditions as the governor may prescribe;

    (14)  Restrict the congregation of the public in stricken or dangerous areas or under dangerous conditions;

    (15)  Direct and control the non-compulsory evacuation of the civilian population;

    (16)  Order and direct government agencies, officials, officers, and employees of the State, to take [such] action and employ [such] measures for law enforcement, medical, health, firefighting, traffic control, warnings and signals, engineering, rescue, construction, emergency housing, other welfare, hospitalization, transportation, water supply, public information, training, and other emergency functions as may be necessary, and utilize the services, materials, and facilities of the agencies and officers.  All [such] agencies and officers shall cooperate with and extend their services, materials, and facilities to the governor as the governor may request;

    (17)  Provide for the repair and maintenance of public property, whenever adequate provision therefor is not otherwise made; insure the property against any emergency or disaster; provide for the restoration, renovation, replacement, or reconstruction of insured property in the event of damage or loss; and make temporary restoration of public utilities and other critical infrastructure facilities in the event of an emergency or disaster;

    (18)  Fix or revise the hours of government business; and

    (19)  Take any and all steps necessary or appropriate to carry out the purposes of this chapter notwithstanding that those powers in section 127A-13(a) may only be exercised during an emergency period.

     (c)  The mayor may exercise the following powers pertaining to emergency management:

     (1)  Lease, lend, or otherwise furnish, on [such] terms and conditions as the mayor may consider necessary to promote the public welfare and protect the interest of the county, any real or personal property of the county government, to the governor of the State, to the mayors of the other counties of the State, or to the agency;

     (2)  Sponsor and develop mutual aid plans and agreements for emergency management between one or more counties, and other governmental, private-sector, or nonprofit organizations, for the furnishing or exchange of food, clothing, medicine, and other materials; engineering services; emergency housing; police services; health, medical, and related services; firefighting, rescue, transportation, and construction services and facilities; personnel necessary to provide or conduct these services; and [such] other materials, facilities, personnel, and services as may be needed.  The mutual aid plans and agreements may be made with or without provisions for reimbursement of costs and expenses, and on [such] terms and conditions as are deemed necessary;

     (3)  Take possession of, use, manage, control, and reallocate any public property of the county, real or personal, required by the mayor for the purposes of this chapter, including parks, playgrounds, and other public buildings.  Whenever the property is so taken, the mayor may make such provision for the temporary accommodation of the government service affected as the mayor may deem advisable;

     (4)  Utilize all services, materials, and facilities of nongovernmental agencies, relief organizations, community associations, and other private-sector and nonprofit organizations that may be made available;

     (5)  Receive, expend, or use contributions or grants, which shall be deemed to be trust funds, in money, property, or services, or loans of property, or special contributions or grants in money, property, or services, or loans of property, for special purposes provided for by this chapter; establish funds in the treasury for the deposit and expenditure of the moneys; and procure federal aid as [the same] may be available.  The contributions or grants are appropriated for the purposes of this chapter, or for the special purposes;

     (6)  Purchase, make, produce, construct, rent, lease, or procure by condemnation or otherwise, transport, store, install, maintain, and insure, repair, renovate, restore, replace or reconstruct, and distribute, furnish or otherwise dispose of, with or without charges, materials and facilities for emergency management; and to procure federal aid therefor whenever feasible.  Chapter 103D and sections 103-50, 103-53, 103-55, 105-1 to 105-10, and 464-4 shall not apply to any emergency management functions of and to the extent that the mayor finds that the provisions, in whole or in part, impede or tend to impede the expeditious discharge of the functions, or that compliance therewith is impracticable due to existing conditions;

     (7)  Provide for the appointment, employment, training, equipping, and maintaining, with compensation, or on a volunteer basis without compensation and without regard to chapters 76, 78, and 88, of such agencies, officers, and other persons as the mayor deems necessary to carry out this chapter; to determine to what extent any law prohibiting the holding of more than one office or position of employment applies to the agencies, officers, and other persons; and subject to provisions of this chapter, to provide for the interchange of personnel, by detail, transfer, or otherwise, between agencies or departments of the county;

     (8)  Make charges in such cases and in such amounts as the mayor deems advisable, for any property sold, work performed, services rendered, or accommodations or facilities furnished by the county under this chapter;

     (9)  Make or authorize such contracts as may be necessary to carry out this chapter;

    (10)  Establish special accounting forms and practices whenever necessary;

    (11)  Require each public utility, or any person owning, controlling, or operating a critical infrastructure facility as identified by the mayor, to protect and safeguard [its] the public utility's or the person's property, or to provide for such protection and safeguarding; and provide for the protection and safeguarding of all critical infrastructure and key resources; provided that without prejudice to the generality of the foregoing two clauses, the protection and safeguarding may include the regulation or prohibition of public entry thereon, or the permission of the entry upon such terms and conditions as the mayor may prescribe;

    (12)  Restrict the congregation of the public in stricken or dangerous areas or under dangerous conditions;

    (13)  Direct and control the non-compulsory evacuation of the civilian population of the county;

    (14)  Order and direct government agencies, officials, officers, and employees of the county, to take [such] action and employ [such] measures for law enforcement, medical, health, firefighting, traffic control, warnings and signals, engineering, rescue, construction, emergency housing, and other welfare, hospitalization, transportation, water supply, public information, training, and other emergency functions as may be necessary, and utilize the services, materials, and facilities of the agencies and officers.  All [such] agencies and officers shall cooperate with and extend their services, materials, and facilities to the mayor as the mayor may request;

    (15)  Provide for the repair and maintenance of public property, whenever adequate provision therefor is not otherwise made; insure the property against any emergency or disaster; provide for the restoration, renovation, replacement, or reconstruction of insured property in the event of damage or loss; and make temporary restoration of public utilities and other critical infrastructure facilities in the event of an emergency or disaster;

    (16)  Fix or revise the hours of county government business; and

    (17)  Take any and all steps necessary or appropriate to carry out the purposes of this chapter notwithstanding that those powers in section 127A-13(b) may only be exercised during an emergency period.

     (d)  Nothing in this section shall prevent a journalist or newscaster, under the supervision of emergency management agency personnel, from covering the mitigation of hazardous situations or entering an area closed pursuant to this section; provided that the State and counties and any employee of the State or county shall not be held liable for any injury or damage to person or property arising from covering the mitigation of hazardous situations and entering of the area; provided further that chapter 137 shall apply to any and all costs associated with a search or rescue operation for the purpose of searching for or rescuing the journalist or newscaster.  Journalists and newscasters shall be given all reasonable access and assistance in covering the mitigation of hazardous situations and accessing the area closed pursuant to this section.  When full access cannot be reasonably granted, a pool writer, pool photographer, and pool videographer shall be designated to gather and disseminate information; provided that the pool writer, pool photographer, and pool videographer shall be deemed to be a "journalist" or "newscaster" as the term is used in this section.

     For the purpose of this section, a "journalist" or "newscaster" means an individual who has regularly and materially participated in the reporting or publishing of news or information of substantial public interest for the purpose of dissemination to the general public by means of tangible or electronic media."

     SECTION 3.  Section 127A-18, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§127A-18[]]  Mitigation of hazardous situations.  (a)  Even in the absence of an emergency or disaster, the governor may authorize designated state employees, agents, contractors, or representatives to enter private property at reasonable times to mitigate situations deemed by the governor to be hazardous to the health and safety of the public; provided that this section shall be applicable only to the following actions:

     (1)  Cutting, trimming, or removing dangerous trees or branches that pose a hazard to other properties;

     (2)  Stabilizing or removing unstable rock and soil hazards; or

     (3)  Cleaning streams and waterways to mitigate or prevent flooding or other hazards;

provided further that at least ten days' written notice shall be provided to the landowner and to the occupier of the private property of the governor's intention to authorize designated state employees, agents, contractors, or representatives to enter the property to mitigate the hazardous situation; provided further that the landowner or occupier shall be given a reasonable opportunity to mitigate the hazardous situation without assistance of the State before designated state employees, agents, contractors, or representatives may enter the property.

     (b)  Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice.  If land ownership cannot be determined, notice shall be given once in a daily or weekly publication of general circulation in the county in which any action or proposed action will be taken.

     (c)  If entry is refused, the governor may apply to the district court in the circuit in which the property is located for a warrant to enter the premises.  The district court may issue a warrant directing the chief of the appropriate county police to assist the governor in gaining entry onto the premises during regular working hours or at other reasonable times.

     (d)  The governor may seek recovery and reimbursement, by appropriate proceedings, of all costs and expenses incurred in the mitigation of a hazardous situation under this section, and any costs and expenses imposed against any landowner shall be a lien upon the landowner's property.

     (e)  The director shall hire a coordinator and a contracting specialist to oversee all aspects of the program and ensure proper fiscal oversight.

     [(e)] (f)  This section shall take effect [only] upon authorization and funding for personnel to administer the program[.] pursuant to Act    , Session Laws of Hawaii 2015."

     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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the director of the Hawaii emergency management agency to establish one coordinator position and one contracting specialist position pursuant to this Act.

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

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

 

 

 

Report Title:

Department of Defense; Mitigation of Hazardous Situations; News Media Access; Appropriation

 

Description:

Allows journalists and newscasters, under the supervision of emergency management agency personnel, to cover the mitigation of hazardous situations and access areas that are closed pursuant to emergency management powers of the governor and mayor.  Authorizes and appropriates funds for two positions to oversee the mitigation of hazardous situations program in the department of defense.  Eff. 7/1/2050.  (SD2)

 

 

 

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