Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs and Government Operations and Judiciary, to which was referred H.B. No. 2479, H.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to clarify the protections and immunities afforded private agencies and entities engaged in civil defense functions.

Testimony in support of this measure was submitted by the Department of Defense, the Department of Business, Economic Development, and Tourism, the City and County of Honolulu Police Department, and Hawaiian Electric Company.

Your Committees recognize that, in addition to federal, state, and county agencies and the military, there are private agencies or entities that are key participants in the civil defense system to ensure the State is prepared for any type of disaster or emergency.

Present law provides that the State and its political subdivisions engaged in civil defense functions are not liable for the death of or injury to persons or for damage to property. Your Committees find that providing private agencies and entities that assist the public in times of disasters with immunity from liability will encourage them to provide tourists and the general public with private shelters in times of disasters or civil defense.

Your Committees amended this measure to provide the same level of civil and criminal immunity for members of the United States armed forces who assist during a civil emergency. Your Committees believe that the State should do everything possible to encourage participation by these trained forces whenever possible.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs and Government Operations and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2479, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2479, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.