STAND. COM. REP. NO. 1204

Honolulu, Hawaii

RE: H.B. No. 1035

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Public Safety and Intergovernmental and Military Affairs, to which was referred H.B. No. 1035, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HOMELAND SECURITY,"

begs leave to report as follows:

The purpose and intent of this measure is to establish protections for critical infrastructure information that is received or maintained by the Office of Homeland Security for use regarding the security of critical infrastructure.

Your Committee received testimony in support of this measure from the Department of the Attorney General, Hawai‘i Office of Homeland Security, Department of Law Enforcement, Office of Enterprise Technology Services, Hawaii State Energy Office, Honolulu Board of Water Supply, Hawai‘i Gas, and Hawaiian Electric. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Defense and Office of Information Practices.

Your Committee finds that, for the Office of Homeland Security and the Hawaii State Fusion Center to work closely with the private sector involved in the ownership, operation, or management of critical infrastructure, it must be able to assure private partners that proprietary information relating to the security of critical infrastructure is protected from disclosure to the public. Protection of proprietary information helps the Office of Homeland Security to establish and develop relationships and access information necessary for it to help protect the public and critical infrastructure relied upon by people in the State. This measure will enhance sharing of critical infrastructure information between infrastructure owners and operators and the State while offering additional protections to provide partners reassurance that their proprietary information provided to the State will be protected.

Your Committee has amended this measure by clarifying the definition of "critical infrastructure information" to mean information not customarily in the public domain and related to the security of critical infrastructure or protected systems.

As affirmed by the record of votes of the members of your Committee on Public Safety and Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1035, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1035, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________

GLENN WAKAI, Chair