STAND. COM. REP. NO 74

Honolulu, Hawaii

RE:    S.B. No. 533

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 533 entitled:

"A BILL FOR AN ACT RELATING TO EMERGENCY MANAGEMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow the news media to access areas that are closed pursuant to emergency management powers of the Governor or Mayor.

     Your Committee received testimony in support of this measure from the Society of Professional Journalists Hawaii Chapter and five individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Emergency Management Agency; Department of Transportation; Department of Emergency Management, City and County of Honolulu; Police Department of the City and County of Honolulu; and one individual.  Your Committee received comments on this measure from one individual.

     Your Committee finds that there are often significant events in the State that greatly affect the State's residents.  The recent lava flow on Hawaii island impacted many residents, but the news media was restricted from accessing areas that were closed pursuant to emergency management powers.  As a result, the news media was unable to disseminate complete information to residents.  The implementation of this measure will allow for public safety while also safely providing the news media with access to closed areas.

     Your Committee has amended this measure by:

     (1)  Adding language to require news media to be under the supervision of Emergency Management Agency personnel in order to access areas that are closed pursuant to emergency management powers of the Governor or Mayor;

     (2)  Adding language that indemnifies the State and counties from any damage or injury to a person or property as a result of any news media entering an area closed pursuant to emergency management powers of the Governor or Mayor;

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 533, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 533, S.D. 1, and be referred to the Committee on Judiciary and Labor.

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

____________________________

WILL ESPERO, Chair