STAND. COM. REP. NO.  398-10

Honolulu, Hawaii

                , 2010

RE:   H.B. No. 2718

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir:

     Your Committee on Public Safety, to which was referred H.B. No. 2718 entitled:

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

begs leave to report as follows:

     The purpose of this bill is to protect the health and safety of the residents of and visitors to Hawaii by allowing the Governor to:

     (1)  Order and direct state or local government agencies, officers, and employees, to take actions and employ measures necessary to mitigate hazardous situations; and

     (2)  Authorize state or local agencies, officers, and employees to enter private property at reasonable times to investigate, determine, or mitigate situations deemed by the governor to be hazardous to the health and safety of the public, even in the absence of a civil defense activity or other emergency. 

     The State Department of Defense testified in support of this bill.  The Mayor of the City and County of Honolulu testified in opposition to this measure.

     Although your Committee understands the concerns raised by the City and County of Honolulu regarding the issue of home rule and that there may be liability issues that this bill does not address, the mitigation of possibly hazardous conditions through this process contained in this measure warrants further consideration.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2718 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety,

____________________________

FAYE HANOHANO, Chair