CONFERENCE COMMITTEE REP. NO. 79

Honolulu, Hawaii

                 , 2017

RE:    S.B. No. 655

       S.D. 2

       H.D. 2

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 655, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO MEDIA ACCESS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to allow the news media, subject to certain conditions, to access areas that are closed pursuant to the emergency management powers of the Governor and Mayors.

     Your Committee on Conference finds that a freely functioning news media is essential for maintaining a free and open society.  The news media serves the invaluable purpose of relaying necessary and timely information to the public, and the need for this media role is even more urgent in an emergency or crisis situation.  However, existing state laws do not ensure robust media access during emergency or crisis situations.  Therefore, it is important to update these laws to ensure the maximum access possible for news media during emergency situations.  Accordingly, this measure:

     (1)  Allows a duly authorized representative of any news service, newspaper, radio station, television station, or online news distribution network, under certain conditions, to enter an area closed pursuant to the emergency management powers of the Governor or Mayors, if providing media access is reasonable, safe, and does not hinder ongoing response and recovery activities; and

     (2)  Specifies that the State, counties, and designated emergency management officials are not responsible for providing logistical support to news media accessing closed emergency areas.

     Your Committee on Conference has amended this measure by:

     (1)  Inserting language that limits the liability of the State and counties arising from media representatives entering a closed emergency area; and

     (2)  Changing the effective date to upon its approval.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 655, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 655, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ GREGG TAKAYAMA Co-Chair	____________________________ CLARENCE K. NISHIHARA Chair
____________________________ JOY A. SAN BUENAVENTURA Co-Chair	____________________________ GILBERT S.C. KEITH-AGARAN Co-Chair