STAND. COM. REP. NO. 1295

                                 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 Judiciary and Hawaiian Affairs, 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 and set the amount of administrative fines;
          and

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

Granting this authority to DLNR will help to avoid the need for
court proceedings regarding boating violations and related fines.

     Testimony in support of this bill was received from the
Board of Land and Natural Resources.

     Currently, violations of boating laws and rules are
primarily addressed through court proceedings, including criminal
procedures.  Many boating violations would be more effectively
and expeditiously processed using administrative fines and
related administrative adjudication.  Utilizing administrative

 
 
 
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                                 Page 2

 
procedures will reduce the burden of processing boating
violations.

     Additionally, 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 Judiciary and Hawaiian Affairs 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 be referred to
the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair