Bill Text: HI HB2333 | 2020 | Regular Session | Amended
Bill Title: Relating To Homeland Security.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-16 - The hearing on this measure has been cancelled until further notice. [HB2333 Detail]
Download: Hawaii-2020-HB2333-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2333 |
THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOMELAND SECURITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 128A, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
"§128A- Hawaii state fusion center. (a) There is established within the office of
homeland security a state fusion center that shall be known as the Hawaii state
fusion center. The director of homeland
security, subject to the direction and control of the governor, shall oversee
the Hawaii state fusion center.
(b)
There shall be a Hawaii state fusion
center director who shall be appointed, and may be removed, by the director of
homeland security. The director of the
Hawaii state fusion center shall be responsible for the day-to-day operations
of the Hawaii state fusion center. The
director of the Hawaii state fusion center shall be exempt from chapter 76.
(c)
The Hawaii state fusion center shall:
(1) Be continually staffed to monitor
all crimes and hazards and shall be the focal point for sharing local,
national, and international information and context with the national level
intelligence community;
(2) Collaborate among all levels of government
to receive, analyze, and disseminate threat-related information in coordination
with multi-disciplinary partners; and
(3) Establish a joint integration center to:
(A) Integrate information technology, cybersecurity, cybercrime prevention, and
cyber and analytic capabilities to improve situational awareness related to
critical infrastructure or key resources protection of lifelines;
(B) Coordinate with local, state, and federal agencies for asset response
activities including:
(i) Furnishing technical assistance to affected entities to protect their
assets, mitigate vulnerabilities, and reduce impacts of cyber incidents;
(ii) Identifying other entities that may be at risk and assessing
their risk to the same or similar vulnerabilities;
(iii) Assessing potential risks to the State or region, including
potential cascading effects, and developing courses of action to mitigate these
risks;
(iv) Facilitating information sharing and operational coordination to
respond to threats; and
(v) Providing guidance as to how best to utilize federal resources
and capabilities in a timely, effective manner to speed recovery; and
(C) Provide intelligence support and related
activities and
facilitate the building of situational threat awareness and sharing of related
intelligence, including the integrated analysis of threat trends and events,
the identification of knowledge gaps, and the ability to degrade or mitigate
adversary threat capabilities."
SECTION
2. Section 76-16, Hawaii Revised
Statutes, is amended by amending subsection (b) to read as follows:
"(b)
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:
(1) Commissioned
and enlisted personnel of the Hawaii National Guard as such, 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;
(2) 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.
Any such contract may be for any period not exceeding one year;
(3) 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;
(4) Positions filled by the legislature or by either house or any committee thereof;
(5) Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;
(6) Positions filled by popular vote;
(7) 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;
(8) Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;
(9) 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);
(10) 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;
(11) (A) Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, not more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;
(B) Effective
July 1, 2003, teaching assistants, educational assistants, bilingual/bicultural
school-home assistants, school psychologists, psychological examiners, speech
pathologists, athletic health care trainers, alternative school work study
assistants, alternative school educational/supportive services specialists, alternative school project coordinators, and communications
aides in the department of education;
(C) The
special assistant to the state librarian and one secretary for the special
assistant to the state librarian;
and
(D) 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;
(12) Employees
engaged in special, research, or demonstration projects approved by the governor;
(13) (A) Positions
filled by inmates, patients of state institutions, persons with severe physical
or mental disabilities participating in the work experience training programs;
(B) Positions
filled with students in accordance with guidelines for established state employment programs; and
(C) 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;
(14) A
custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;
(15) 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;
(16) 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; four
additional deputies in the department of health, each in charge of one of the
following: 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;
an administrative assistant to the state librarian; and an administrative
assistant to the superintendent of education;
(17) Positions
specifically exempted from this part by any other law; provided that:
(A) Any
exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended
by an act of the legislature; and
(B) All of the positions defined by paragraph (9) shall be included in the position classification plan;
(18) 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;
(19) Household
employees at the official
residence of the president of the University of Hawaii;
(20) 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;
(21) Employees
hired under the tenant hire program of the Hawaii public housing authority; provided that not 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;
(22) 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;
(23) 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;
(24) The
sheriff;
(25) A
gender and other fairness coordinator hired by the judiciary;
(26) Positions in the Hawaii National Guard youth and adult
education programs;
(27) In
the 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;
(28) Administrative
appeals hearing officers in the department of human services;
(29) 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;
(30) 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, and security and privacy
compliance analyst; [and]
[[](31)[]] The Alzheimer's disease and related dementia services coordinator in the executive office on aging[.];
and
(32) The
Hawaii state fusion center director.
The director shall determine the
applicability of this section to specific positions.
Nothing in this section shall be deemed to affect the civil service status of
any incumbent as it existed on July 1, 1955."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Homeland Security
Description:
Establishes the Hawaii state fusion center as a program under the office of homeland security and establishes the position of Hawaii state fusion center director who shall be state-funded, responsible to the director of homeland security, and accountable to manage the operations of the center. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.