STAND. COM. REP. NO. 2380

Honolulu, Hawaii

RE: S.B. No. 2054

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs, to which was referred S.B. No. 2054 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

beg leave to report as follows:

The purpose and intent of this measure is to prohibit the Hawaii National Guard from deploying to assist federal troops, federal law enforcement, or the national guard of any other state operating in Hawaii when the Governor has objected to the deployments.

Your Committees received testimony in support of this measure from the Office of Hawaiian Affairs, Stonewall Caucus of the Democratic Party of Hawaiʻi, Green Party of Hawaiʻi, Democratic Party of Hawaiʻi, Community Alliance on Prisons, Libertarian Party of Hawaii, League of Women Voters of Hawaii, Hawaiʻi Coalition for Immigrant Rights, UNITE HERE! Local 5; The Legal Clinic, ACLU Hawaiʻi, Roots Reborn, and more than ninety individuals.

Your Committees received testimony in opposition to this measure from the Hawaii National Guard and two individuals.

Your Committees find that the Hawaii National Guard exists first and foremost to serve the State's people by responding to emergencies, natural disasters, and public safety needs within the State. Your Committees further find that although national guard units are typically deployed at the direction of that state's Governor, recently President Trump's administration has federalized and deployed national guard units in various states where the local Governors have publicly objected to the deployments. When major deployments occur without local alignment, communities can experience fear, confusion, and serious civil rights concerns. Additionally, using a state's resources, personnel, and institutions to support operations that the Governor has formally opposed undermines that state's sovereignty and accountability for the state's elected leaders. This measure will ensure that the State retains the ability to govern itself with integrity, transparency, and respect for democratically elected leadership, and that decisions affecting public safety and civil liberties reflect local priorities and community consent.

Your Committees note the concerns raised in testimony by the Hawaii National Guard, specifically that this measure may create a complex and potentially precarious situation for Hawaii commanders and service members by exposing them to significant legal risks. These risks could manifest as both state and federal criminal liability, stemming from the legal obligation for service members to obey orders from their superiors and the contrasting possibility for being held accountable for those orders if they are later determined to be unlawful. Your Committees additionally note that the President, as Commander in Chief, is vested with the authority to deploy Title 10 forces to enforce federal law under the Federal Insurrection Act. This authority has historically been used to deploy troops to enforce desegregation laws in Southern states, despite the vocal opposition from state governors and local elected officials. Your Committees believe that these issues raise concerns that merit further consideration and requests further examination by your Committee on Judiciary, should it choose to deliberate on this measure.

Your Committees have amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2054, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2054, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________ GLENN WAKAI, Chair

________________________________ CAROL FUKUNAGA, Chair