Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1261, H.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the counties to enact ordinances that impose an actionable duty on owners of private property, on which there is a potential danger of falling rocks, to inspect and remove those rocks or otherwise mitigate any unreasonable danger to persons or property.

Prior to holding a public hearing on this measure, a proposed S.D.1 was prepared and made available for public review. The contents of the proposed S.D.1 provided security for:

Testimony in support of this measure was submitted by the Department of Public Safety (DPS).

Your Committee finds that the current executive security protection provisions need to be better clarified. Specifically, your Committee finds that there are situations where security protection is necessary for elected officials, as well as the Governor's, the Lieutenant Governor's, or an elected official's immediate family members. Your Committee further finds that the Director of Public Safety (Director) is the appropriate official to determine that an elected official or a family member is in imminent danger or threatened with imminent danger, and authorize security measures.

Your Committee noted concerns raised by DPS that:

Your Committee also questioned DPS on whether security should be provided for dependent children of the Governor or Lieutenant Governor even in situations where that dependent child attends school in another state. DPS suggested that the Director should evaluate the circumstances and determine what level or degree of security is necessary for that particular individual. DPS further indicated that the Director should always have discretion as to the degree of security an individual should receive.

Based on DPS's concerns and testimony, your Committee adopted the amendments in the proposed S.D. 1, and amended the measure by providing that the executive security officers:

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1261, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1261, H.D. 2, S.D. 1, and be placed on the calendar for Third Reading.