Hawaii 2023 Regular Session

Hawaii Senate Bill SB1333 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 1333 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO HOMELAND SECURITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 1333
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	1333
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO HOMELAND SECURITY.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	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 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 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." 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 not customarily in the public domain and 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 shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST
48	48
49	49	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.
50	50
51	51	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.
52	52
53	53	SECTION 2. Chapter 128A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
54	54
55	55	"§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 shall be confidential and shall not be disclosed except as provided in subsection (b).
56	56
57	57	(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."
58	58
59	59	SECTION 3. Section 128A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
60	60
61	61	""Critical Infrastructure information" means information not customarily in the public domain and related to the security of critical infrastructure or protected systems, including documents, records or other information concerning:
62	62
63	63	(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;
64	64
65	65	(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
66	66
67	67	(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."
68	68
69	69	SECTION 4. New statutory material is underscored.
70	70
71	71	SECTION 5. This Act shall take effect upon its approval.
72	72
73	73
74	74
75	75	INTRODUCED BY: _____________________________
76	76	BY REQUEST
77	77
78	78	INTRODUCED BY:
79	79
80	80	_____________________________
81	81
82	82
83	83
84	84
85	85
86	86	BY REQUEST
87	87
88	88	Report Title: Homeland Security; Confidentiality of Critical Infrastructure Information Description: Establishes protections for critical infrastructure information that is received or maintained by the Office of Homeland Security for use regarding the security of critical infrastructure. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
89	89
90	90
91	91
92	92
93	93
94	94	Report Title:
95	95
96	96	Homeland Security; Confidentiality of Critical Infrastructure Information
97	97
98	98
99	99
100	100	Description:
101	101
102	102	Establishes protections for critical infrastructure information that is received or maintained by the Office of Homeland Security for use regarding the security of critical infrastructure.
103	103
104	104
105	105
106	106
107	107
108	108
109	109
110	110	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.