STAND. COM. REP. NO. 142

Honolulu, Hawaii

RE:    S.B. No. 478

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 478 entitled:

"A BILL FOR AN ACT RELATING TO DISASTER RELIEF,"

begs leave to report as follows:

     The purpose of this measure is to revise and clarify provisions relating to disaster relief laws and the Governor's powers in responding to disaster relief efforts during a civil defense emergency.

     Testimony in support of this measure was submitted by five individuals.  Testimony in opposition of this measure was submitted by five state agencies.  Copies of written testimony on this measure are available for review on the Legislature's website.

     Your Committee finds that clarifying and limiting the Governor's powers to provide disaster relief during times of natural or manmade disasters or civil defense emergencies will create a more accountable and transparent government.  Specifically, requiring the Governor to obtain legislative authorization to continue to provide disaster relief beyond the adjournment sine die of the next occurring regular session will provide legislative oversight in the execution of the disaster relief laws in this State.  Your Committee believes that this measure is necessary to ensure that emergency powers of the executive branch are not abused or used to circumvent legislative authority.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purpose of clarity.

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 478, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 478, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

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

____________________________

WILL ESPERO, Chair