HB 2291: Hawaii National Guard Youth Challenge Program; Civil-Military Program; Nā Kula Alakaʻi; Civil Service; Collective Bargaining; Exemption

A BILL FOR AN ACT

RELATING TO THE HAWAII NATIONAL GUARD.

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

     SECTION 1.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

     (1)  Elected or appointed official;

     (2)  Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D;

     (3)  Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

     (4)  Secretary to top-level managerial and administrative personnel under paragraph (3);

     (5)  Individual concerned with confidential matters affecting employee-employer relations;

     (6)  Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);

     (7)  Temporary employee of three months' duration or less;

     (8)  Employee of the executive office of the governor or a household employee at Washington Place;

     (9)  Employee of the executive office of the lieutenant governor;

    (10)  Employee of the executive office of the mayor;

    (11)  Staff of the legislative branch of the State;

    (12)  Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

    (13)  Any commissioned and enlisted personnel of the     Hawaii national guard;

    (14)  Inmate, kokua, patient, ward, or student of a state institution;

    (15)  Student help;

    (16)  Staff of the Hawaii labor relations board;

    (17)  Employees of the Hawaii national guard [youth challenge academy;] civil-military program; or

    (18)  Employees of the office of elections."

     SECTION 2.  Section 121-44, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§121-44[]]  [Youth challenge] Civil-military program[.]; nā kula alakaʻi.  (a)  There is established the Hawaii national guard civil-military program, also known as "nā kula alakaʻi", to be administered by the department of defense.  The department of defense may establish and administer youth and adult education programs within the Hawaii national guard civil-military program.

     (b)  Positions in the Hawaii national guard civil-military program shall be exempt from chapters 76 and 89.

     [(a)] (c)  Notwithstanding any other law to the contrary, the department of defense may receive, expend, use, manage, and invest money, services, or property, real, personal, or mixed, that may be given, bequeathed, devised, or in any other manner provided, from sources other than the legislature or the federal government, for any purpose authorized under the Hawaii national guard [youth challenge] civil-military program, as described in that certain grant program under the National Guard Bureau, and not inconsistent with any terms or conditions imposed by the donor, this section, or chapter 84.

     [(b)] (d)  A gift of money shall be deposited by the director of finance in a separate account in the state treasury and expended in accordance with law and any terms and conditions that may pertain to the gift.  Unless otherwise specified as a term or condition, the department of defense may convert a gift of property into money.  Income derived from property or the conversion of property may be used for the purposes described in this section and to pay for the storage, handling, management, repair, maintenance, and distribution of other properties held by the department of defense for these purposes.

     [(c)] (e)  All expenditures made pursuant to this section shall be subject to the approval of the adjutant general.

     [(d)] (f)  In the case of services and property, real, personal, or mixed received, the department of defense shall thereafter be responsible for their management, repair, and maintenance.

     [(e)] (g)  The source making the gift shall not be liable upon any claim for injury arising from the donated property; provided that this provision shall not affect the responsibility or liability of manufacturers of defective products nor shall it affect the responsibilities of negligent persons who cause dangerous conditions that result in injury.

     [(f)] (h)  The department of defense shall maintain records of each gift, the essential facts of gift management, details relating to expenditures of all money made pursuant to this section, and the current disposition, use, and condition of each gift held by the department.  This information shall be compiled and reported annually to the legislature and the governor, and shall be made available to the general public free of charge.

     (i)  The Chief of the National Guard Manual and Department of Defense Instruction shall apply to the State, which has entered into a cooperative agreement with the National Guard Bureau for the purpose of establishing and operating a National Guard Youth Challenge Program."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Hawaii National Guard Youth Challenge Program; Civil-Military Program; Nā Kula Alakaʻi; Civil Service; Collective Bargaining; Exemption

Description:

Clarifies that employees of the Hawaii National Guard youth and adult educational programs are excluded from collective bargaining.  Renames the "Hawaii National Guard Youth Challenge Program" to the "Hawaii National Guard Civil-Military Program" and codifies its Hawaiian name, "Nā Kula Alakaʻi".  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO THE HAWAII NATIONAL GUARD.

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

     SECTION 1.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

     (1)  Elected or appointed official;

     (2)  Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D;

     (3)  Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

     (4)  Secretary to top-level managerial and administrative personnel under paragraph (3);

     (5)  Individual concerned with confidential matters affecting employee-employer relations;

     (6)  Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);

     (7)  Temporary employee of three months' duration or less;

     (8)  Employee of the executive office of the governor or a household employee at Washington Place;

     (9)  Employee of the executive office of the lieutenant governor;

    (10)  Employee of the executive office of the mayor;

    (11)  Staff of the legislative branch of the State;

    (12)  Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

    (13)  Any commissioned and enlisted personnel of the     Hawaii national guard;

    (14)  Inmate, kokua, patient, ward, or student of a state institution;

    (15)  Student help;

    (16)  Staff of the Hawaii labor relations board;

    (17)  Employees of the Hawaii national guard [youth challenge academy;] civil-military program; or

    (18)  Employees of the office of elections."

     SECTION 2.  Section 121-44, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§121-44[]]  [Youth challenge] civil-military program[.]; nā kula alaka`i.  (a)  There is established the Hawaii national guard civil-military program, also known as "nā kula alaka`i," to be administered by the department of defense.  The department of defense may establish and administer youth and adult education programs within the Hawaii national guard civil-military program.

     (b)  Positions in the Hawaii national guard civil-military program shall be exempt from chapters 76 and 89.

     [(a)] (c)  Notwithstanding any other law to the contrary, the department of defense may receive, expend, use, manage, and invest money, services, or property, real, personal, or mixed, that may be given, bequeathed, devised, or in any other manner provided, from sources other than the legislature or the federal government, for any purpose authorized under the Hawaii national guard [youth challenge] civil-military program, as described in that certain grant program under the National Guard Bureau, and not inconsistent with any terms or conditions imposed by the donor, this section, or chapter 84.

     [(b)] (d)  A gift of money shall be deposited by the director of finance in a separate account in the state treasury and expended in accordance with law and any terms and conditions that may pertain to the gift.  Unless otherwise specified as a term or condition, the department of defense may convert a gift of property into money.  Income derived from property or the conversion of property may be used for the purposes described in this section and to pay for the storage, handling, management, repair, maintenance, and distribution of other properties held by the department of defense for these purposes.

     [(c)] (e)  All expenditures made pursuant to this section shall be subject to the approval of the adjutant general.

     [(d)] (f)  In the case of services and property, real, personal, or mixed received, the department of defense shall thereafter be responsible for their management, repair, and maintenance.

     [(e)] (g)  The source making the gift shall not be liable upon any claim for injury arising from the donated property; provided that this provision shall not affect the responsibility or liability of manufacturers of defective products nor shall it affect the responsibilities of negligent persons who cause dangerous conditions that result in injury.

     [(f)] (h)  The department of defense shall maintain records of each gift, the essential facts of gift management, details relating to expenditures of all money made pursuant to this section, and the current disposition, use, and condition of each gift held by the department.  This information shall be compiled and reported annually to the legislature and the governor, and shall be made available to the general public free of charge."

     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:

Hawaii National Guard Youth Challenge Program; Civil-Military Program; Nā Kula Alaka`i; Civil Service; Collective Bargaining; Exemption

Description:

Clarifies that employees of the Hawaii National Guard youth and adult educational programs are excluded from collective bargaining.  Renames the "Hawaii National Guard Youth Challenge Program" to the "Hawaii National Guard Civil-Military Program" and codifies its Hawaiian name, "Nā Kula Alaka`i."

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

STAND. COM. REP. NO.  625-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2291

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Labor, to which was referred H.B. No. 2291, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII NATIONAL GUARD,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Rename the "Hawaii National Guard Youth Challenge Program" to the "Hawaii National Guard Civil-Military Program"; and

     (2)  Clarify that employees of the Hawaii National Guard Youth Civil-Military Program are exempt from civil service and collective bargaining.

     Your Committee received testimony in support of this measure from the Department of Defense.

     Your Committee finds that the Hawaii National Guard's Youth Challenge Program requires clearer statutory structure to improve administrative efficiency and federal alignment.  Renaming the program and consolidating positions will streamline hiring, strengthen oversight, and ensure compliance with federally mandated wage and personnel requirements.  Your Committee believes that these updates will support consistent standards and expand educational and workforce opportunities for Hawaii's youth, adults, and veterans.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2291, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Labor,

STAND. COM. REP. NO.  195-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2291

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Public Safety, to which was referred H.B. No. 2291 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII NATIONAL GUARD,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Rename the "Hawaii National Guard Youth Challenge Program" to the "Hawaii National Guard Civil-Military Program" and codify its Hawaiian name, "Nā Kula Alakaʻi"; and

     (2)  Clarify that employees of the Hawaii National Guard youth and adult educational programs are excluded from collective bargaining.

     Your Committee received testimony in support of this measure from the Department of Defense and Civil–Military Programs of the Hawaiʻi National Guard.

     Your Committee finds that this measure reflects the continued evolution of the Hawaii National Guard Youth Challenge Programs.  More specifically, it renames the Hawaii National Guard Youth Challenge Program to the Hawaii National Guard Civil-Military Program to ensure federal alignment with the United States Department of Defense.

     Your Committee has amended this measure by:

     (1)  Specifying that the Chief of the National Guard Manual and Department of Defense Instruction apply to the State, which has entered into a cooperative agreement with the National Guard Bureau for the purpose of establishing and operating a National Guard Youth Challenge Program;

     (2)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2291, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2291, H.D. 1, and be referred to your Committee on Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety,