STAND. COM. REP. NO. 1146

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1086
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Ocean Recreation and Marine Resources, to
which was referred S.B. No. 1086 entitled: 

     "A BILL FOR AN ACT RELATING TO BOATING PENALTIES,"

begs leave to report as follows:

     The purpose of this bill is to improve the effectiveness of
processing violations to the State's boating laws and rules.
This bill authorizes the Department of Land and Natural Resources
(DLNR) to:

     (1)  Establish administrative fines; and

     (2)  Recover administrative fees and costs or bring legal
          action to recover administrative fines and fees and
          costs,

thereby avoiding the need for court proceedings.

     The DLNR testified in support of this bill.  BOATS/HAWAII
Inc. supported this measure with reservations.

     Currently, violations of boating laws and rules are
primarily addressed through court proceedings, including criminal
procedures.  However, many types of violations could be addressed
more effectively and expeditiously through administrative fines.
Such action would relieve the courts of the burden of processing
minor violations.


 
 
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     In addition, this bill proposes to require that all fines,
fees, and costs, or recovered damages, be deposited into the
Boating Special Fund.  This would enable DLNR to recover the
costs of investigating and processing violations.

     As affirmed by the record of votes of the members of your
Committee on Ocean Recreation and Marine Resources that is
attached to this report, your Committee is in accord with the
intent and purpose of S.B. No. 1086 and recommends that it pass
Second Reading and be referred to the Committee on Judiciary and
Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Ocean Recreation
                                   and Marine Resources,



                                   ______________________________
                                   Roy M. Takumi, Chair