STAND. COM. REP. NO.  950

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 170

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committees on Public Safety & Military Affairs and Transportation, to which was referred S.B. No. 170, S.D. 1, entitled:

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

beg leave to report as follows:

     The purpose of this bill is to authorize the Department of Defense and the Department of Transportation to inspect any shipping container situated anywhere at any commercial harbor in the State to detect and confiscate any material constituting a threat directly or indirectly to the security of life and property in Hawaii, including explosives, but excluding regulated fireworks.

     The State Fire Council, Honolulu Fire Department, County of Maui Department of Fire & Public Safety, Kauai Fire Department supported the intent of this bill.  The Department of Transportation opposed this measure.  The Department of Defense offered comments.

     Your Committees have amended this bill by accepting technical changes to Chapters 128 and 266 of the Hawaii Revised Statutes (HRS).  The proposed addition to Chapter 128, HRS, giving the Department of Defense the statutory authority to inspect shipping containers may be technically inappropriate as Chapter 128, HRS applies to the authorities and responsibilities of the director of civil defense and civil defense agencies; therefore, it is suggested that:

     (1)  The "department of defense" should be changed to the "director of civil defense"; and

     (2)  The "department of defense" should be changed to "state civil defense."

     As affirmed by the records of votes of the members of your Committees on Public Safety & Military Affairs and Transportation that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 170, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 170, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

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

____________________________ JOSEPH M. SOUKI, Chair

____________________________ HENRY J.C. AQUINO, Chair