Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred H.B. No. 73 entitled:

begs leave to report as follows:

The purpose of this measure, as introduced, was to extend the sunset date of the law creating the Core Government Functions Advisory Commission by one year, until June 30, 2004.

Prior to the public hearing of this measure, your Committee prepared a proposed S.D. 1 version that replaced the measure's contents with provisions to provide law enforcement officers with immunity from liability while engaging in civil defense functions.

Your Committee received testimony in support of the proposed S.D. 1 version of this measure from the Department of Public Safety and the Department of Defense. A member of the Core Government Functions Advisory Commission provided comments on the original measure.

Your Committee finds that law enforcement officers are a vital component of the State's civil defense team. Currently, members of the national guard and armed forces have statutory immunity from civil liability while engaging in civil defense functions.

Since law enforcement officers perform the same civil defense functions, and are often the first responders, your Committee agrees that civil immunity should extend to law enforcement officers as well.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 73, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 73, S.D. 1, and be referred to the Committee on Ways and Means.