THE SENATE

S.B. NO.

762

THIRTY-FIRST LEGISLATURE, 2021

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO STATE CAPITOL FACILITIES.

 

 

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

 


     SECTION 1.  The legislature finds that increasing threats to public safety have warranted increased security measures at many federal and state facilities, such as capitol buildings.  These security measures are designed to protect public visitors and employees at high profile buildings and include the installation of protective barriers to safely manage crowds, metal detectors and screening to prevent incidents of gun violence, and the erection of vehicular barriers to prevent incidents like the bombing of Oklahoma City's Alfred P. Murrah Federal Building that occurred in 1995.

     The legislature further finds that Hawaii's state capitol and the surrounding capitol district were designed over fifty years ago to stand as a proud symbol of Hawaii's state government.  The design was intended to provide easy public access to elected officials, a value of great importance to our democracy.  Now, ease of access must be tempered with protecting against modern threats and preserving the safety of visitors and those who work in the state capitol.

     The legislature also finds that, currently, there are no meaningful security measures in place to restrict dangerous crowds, weapons, explosives, or vehicular access at the Hawaii state capitol.

     Accordingly, the purpose of this Act is to create reasonable preventative short-term and long-term measures to protect public safety while preserving public access at the Hawaii state capitol, rather than wait for a tragic incident and loss of life to occur before action is taken.

     SECTION 2.  The department of accounting and general services, in consultation with the legislature and any agencies responsible for security at the state capitol and Washington Place, shall develop and implement an enhanced security plan that:

     (1)  Allows for the safe management of crowds in the state capitol rotunda that may disrupt, impair, or threaten operations in the house and senate chambers;

     (2)  Ensures safety at the state capitol by screening visitors for weapons while preserving public access;

     (3)  Prevents unauthorized vehicular access to the current underground state capitol parking garage by moving public parking to a new location;

     (4)  Prevents surface-level unauthorized vehicular access to the state capitol and surrounding grounds while preserving the viewplanes and the historic character of the capitol district; and

     (5)  Includes long-term plans and designs for a secured underground public parking facility serving the state capitol and other agencies with an above-ground mall between Beretania Street, Punchbowl Street, and Washington Place to allow additional safe space for public gatherings, rallies, and events when the state capitol and grounds must be secured; provided that this secured underground public parking facility shall replace, in one or more phases, the unsecured above-ground parking and asbestos-laden structure currently occupied by the department of health; provided further that any plans developed and implemented pursuant to this paragraph shall eliminate any elevated structures on site to prevent elevated lines of sight into Washington Place and the state capitol; and provided further that any plans developed and implemented pursuant to this paragraph shall preserve and expand the viewplanes and historic character of the capitol district.

     SECTION 3.  Section 6E-34.5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  There is established the state capitol management committee, which shall be composed of the following members or their respective designees:

     (1)  The governor's chief of staff;

     (2)  The comptroller;

     (3)  The director of public safety;

     (4)  The state historic preservation officer;

    [(4)] (5)  Two members of the senate as appointed by the president of the senate;

    [(5)] (6)  Two members of the house of representatives as appointed by the speaker of the house of representatives;

    [(6)] (7)  A legislative officer of the senate appointed by the president of the senate; and

    [(7)] (8)  A legislative officer of the house of representatives appointed by the speaker of the house of representatives;

provided that for members appointed pursuant to paragraphs [(6)] (7) and [(7),] (8) "legislative officer" shall have the same meaning as that term is defined in section 88-21.

     [The chairperson of the state capitol management committee shall be elected by the committee members.]  The state capitol management committee shall be co-chaired by a member of the house of representatives appointed by the speaker of the house of representatives from among the members of the house of representatives appointed to the state capitol management committee, and a member of the senate appointed by the president of the senate selected from among the members of the senate appointed to the state capitol management committee.  The department of accounting and general services shall provide administrative support to the state capitol management committee; provided that the committee shall also receive fiscal analysis support from the department of budget and finance as the committee deems appropriate.

     (c)  The state capitol management committee shall meet at times and places as specified by a call of the [chairperson] chairpersons or a majority of the committee[; provided that the committee shall meet not less than four times per calendar year].  The state capitol management committee [shall] may prescribe rules, which shall not be subject to chapter 91, for its own management and governance.  [Five members of the committee shall constitute a quorum, and a quorum] A majority of those present may exercise all the power and authority conferred on the committee."

     SECTION 4.  Section 26-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department shall:

     (1)  Preaudit and conduct after-the-fact audits of the financial accounts of all state departments to determine the legality of expenditures and the accuracy of accounts;

     (2)  Report to the governor and to each regular session of the legislature as to the finances of each department of the State;

     (3)  Administer the state risk management program;

     (4)  Establish and manage motor pools;

     (5)  Manage the preservation and disposal of all records of the State;

     (6)  Undertake the program of centralized engineering and office leasing services, including operation and maintenance and lease buyback processing pursuant to subsection (d) of public buildings, for departments of the State;

     (7)  Undertake the functions of the state surveyor;

     (8)  Establish accounting and internal control systems;

     (9)  Under the direction of the chief information officer, provide centralized computer information management and processing services;

    (10)  Establish a program to provide a means for public access to public information and develop an information network for state government; [and]

    (11)  Assume administrative responsibility for the office of information practices[.]; and

    (12)  Submit a report of the department's findings and recommendations, including any proposed legislation, regarding the department's progress on short-term and long-term steps toward implementing the enhanced security plan pursuant to Act   , Session Laws of Hawaii 2021, to the legislature no later than twenty days prior to the convening of each regular session."

     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:

State Capitol; Security; Public Safety; DAGS; State Capitol Management Committee

 

Description:

Requires the department of accounting and general services to develop and implement an enhanced security plan for the state capitol and surrounding grounds.  Amends provisions regarding the internal governance of the state capitol management committee.  Requires the department of accounting and general services to submit annual reports to the legislature regarding the enhanced security plan.  Effective 7/1/2050.  (SD2)

 

 

 

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