Bill Text: HI SB3149 | 2024 | Regular Session | Introduced

---

Bill Title: Relating To Homeland Security.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-26 - Referred to PSM, JDC. [SB3149 Detail]

Download: Hawaii-2024-SB3149-Introduced.html

---

THE SENATE	S.B. NO.	3149
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO HOMELAND SECURITY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that in order to succeed in the legislated responsibilities of the State regarding protection of critical infrastructure under chapter 128A, Hawaii Revised Statutes, it is necessary to establish protections for critical infrastructure information.

     The purpose of this Act is to establish and specify protections for information that is received or maintained by the office of homeland security for use regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution or other informational purposes.

     SECTION 2.  Chapter 128A, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:

     "§128A-     Confidentiality of critical infrastructure information.  (a)  Notwithstanding section 92F-11 and any other law to the contrary, critical infrastructure information received or maintained by the office of homeland security in connection with the Hawaii state critical infrastructure security and resilience program shall be confidential and shall not be disclosed except as provided in subsection (b).

     (b)  The office of homeland security may share confidential critical infrastructure information received or maintained under subsection (a) with federal agencies and state and county agencies within the State for the purposes of the security of critical infrastructure of protected systems; provided that the information shall remain confidential and shall not be available to the public.

     (c)  Nothing contained in this section shall be construed to alter existing rights to access government records subject to chapter 92F from an agency other than the office of homeland security."

     SECTION 3.  Section 128A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Critical infrastructure information" means information that is not customarily in the public domain and is related to the security of critical infrastructure or protected systems, including documents, records or other information concerning:

     (1)  Actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct, including the misuse of or unauthorized access to all types of communications and data transmission systems, that violates federal, state, local, or tribal law, harms interstate commerce of the United States, or threatens public health or safety;

     (2)  The ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk-management planning, or risk audit; or

     (3)  Any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to such interference, compromise, or incapacitation."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act, upon its approval, shall take effect on July 1, 2024.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

 

Report Title:

Homeland Security; Uniform Information Practices; Critical Infrastructure Information

 

Description:

Enhances sharing of critical infrastructure information between infrastructure owners and operators and the state government.  Defines and protects "critical infrastructure information" that is crucial for direct support of the security and resilience of the State of Hawaii.  Provides homeland security partners reassurance that their proprietary information provided to the State of Hawaii government will be protected from disclosure.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.