STAND. COM. REP. NO. 2373

Honolulu, Hawaii

RE:    S.B. No. 2936

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committees on Public Safety and Military Affairs and Transportation, International and Intergovernmental Affairs, to which was referred S.B. No. 2936 entitled:

"A BILL FOR AN ACT RELATING TO SHIPPING CONTAINER INSPECTIONS,"

beg leave to report as follows:

     The purpose of this measure is to allow the state inspection of shipping containers by the Department of Defense and Department of Transportation for the purpose of detecting and confiscating explosives.

     Your Committees received testimony in support of this measure from one private entity, one community entity, and four individuals.  Comments were received from one government entity.  Written testimony presented to the Committees may be reviewed on the Legislature's website.

     Your Committees find that the inspection of shipping containers is a major element of protecting against terrorism.  Particularly with the State's isolation and the numerous containers arriving by ships, it is imperative that the State take the initiative to require inspection of shipping containers.  Your Committees further find that the only agencies other than federal agencies with existing statutory authority to open and inspect shipping containers is the Department of Agriculture to control invasive species and the county fire departments for fireworks inspections.

     Your Committees have amended this measure by:

(1)  Extending the same breadth of authority to conduct shipping container inspections to the Department of Agriculture;

(2)  Designating the Department of Defense as the State's lead agency to coordinate inspections of containers among state and county agencies;

(3)  Clarifying the purpose section to describe current efforts among shippers to voluntarily inspect their own containers; and

(4)  Changing the effective date to July 1, 2525, to continue the discussions on this matter.

     As affirmed by the records of votes of the members of your Committees on Public Safety and Military Affairs and Transportation, International and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2936, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2936, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Military Affairs and Transportation, International and Intergovernmental Affairs,

____________________________ J. KALANI ENGLISH, Chair

____________________________ WILL ESPERO, Chair