STAND. COM. REP. NO. 2123

Honolulu, Hawaii

RE:    S.B. No. 3034

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Intergovernmental and Military Affairs, to which was referred S.B. No. 3034 entitled:

"A BILL FOR AN ACT RELATING TO CIVIL DEFENSE,"

begs leave to report as follows:

     The purpose of this Act is to clarify that compensation received by certain private entities for the use of their facilities as a private shelter in the case of a civil defense emergency involving an attack is not considered compensation for the purposes of section 128-19, Hawaii Revised Statutes.

     Your Committee received testimony in support of this measure from the State Department of Defense and the Department of Human Services.

     This measure extends immunity from liability for private shelters to transient accommodation lodgings, care homes, and schools if those facilities are used voluntarily and without compensation for use to shelter persons during an attack.

     Your Committee finds that this measure greatly expands the eligible pool of shelters in case of a civil defense emergency involving an attack.

     Your Committee has amended this measure on the recommendation of the State Attorney General by:

     (1)  Inserting a new definition of "state licensed health care setting or agency" for the purpose of describing the covered facilities;

     (2)  Expanding the type of schools to be used as covered facilities;

     (3)  Changing the effective date to upon approval; and

     (4)  Making technical, nonsubstantive amendments.

     As affirmed by the record of votes of the members of your Committee on Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3034, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3034, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Intergovernmental and Military Affairs,

____________________________

LORRAINE R. INOUYE, Chair