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 S.B. No. 2372 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify the executive security officer services to elected officials and their immediate family members.

Testimony in opposition to this measure was submitted by the Office of the Lieutenant Governor, Department of the Attorney General, and Department of Public Safety. Specifically, opposition to this measure was to the provision that the protection services not include the Governor's or Lieutenant Governor's immediate family.

Your Committee also questioned the Department of Public Safety regarding details of the current services provided. However, the Department of Public Safety did not answer these questions because of security concerns. Specifically, the Department of Public Safety did not want to disclose any sensitive information in a public hearing. Rather, the Department of Public Safety suggested answering security-sensitive questions in an executive session closed to the public.

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 (family members). Your Committee further finds that the Director of Public Safety 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 believes that this measure should be amended to clarify executive security services to elected officials and their immediate family members.

Your Committee worked together with the Department of Public Safety and Department of the Attorney General to amend this measure by providing security protection to elected officials and immediate family members of the Governor, Lieutenant Governor, and elected officials that the Director of Public Safety deems in need of protection from imminent danger or threats of imminent danger.

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 S.B. No. 2372, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2372, S.D. 1, and be placed on the calendar for Third Reading.