Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation and Government Operations, to which was referred S.B. No. 773 entitled:

begs leave to report as follows:

The purpose of this measure is to provide protections to law enforcement officers when they are engaged in civil defense functions of protecting vital facilities, critical infrastructure, or public properties from a potential or actual terrorist threat or act, or by engaging in operations or otherwise responding to any potential or actual terrorist threat or act.

Your Committee received testimony in support of this measure from the State Department of Defense and Hawaii County Police Chief.

Under current law, law enforcement officers engaged in civil defense are not afforded the same protections as members of the state militia, National Guard, active duty military, and Coast Guard even though they are asked to engage in the same role in a civil defense function.

Your Committee believes that law enforcement officers need to have the same protections and immunities as the National Guard enjoys during the exercise of civil defense functions. It is well known that police are the first responders and are on the scene even before the National Guard is called in.

As affirmed by the record of votes of the members of your Committee on Transportation and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 773 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.