STAND. COM. REP. NO. 3102

Honolulu, Hawaii

RE: H.B. No. 2581

H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Public Safety and Intergovernmental and Military Affairs, to which was referred H.B. No. 2581, H.D. 1, 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 remove the ability of the Governor or a mayor to suspend electronic media transmission during a state of emergency.

Your Committee received testimony in support of this measure from one member of the Hawaiʻi County Council; Public First Law Center; Hawaiʻi Association of Broadcasters, Inc.; Pacific Media Group; iHeartMedia Honolulu; All Hawaii News; Big Island Press Club; Grassroot Institute of Hawaii; Albatross News; Winning Edge Women's Leadership; Hawaiʻi Cannabis THC Ministry; and nine individuals.

Your Committee received comments on this measure from the Hawaiʻi Emergency Management Agency.

Your Committee finds that the power of the Governor or a mayor to suspend the transmission of electronic media during a state of emergency is overly broad and vague. Electronic media could include not only all radio and television broadcasts, but also could potentially include text messages, emails, and posts to social media platforms, which would restrain lawful free speech and publication. This measure will allow electronic media platforms to be utilized in times of emergencies in order to not restrict the utilization of these forms of media to disseminate valuable and critical information related to emergencies.

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. 2581, H.D. 1, and recommends that it pass Second Reading 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,

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GLENN WAKAI, Chair