STAND. COM. REP. NO. 1749_______

                                 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 Finance, 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 better protect Hawaii's ocean
resources by:

     (1)  Authorizing the Board of Land and Natural Resources to:

          (A)  Set, charge, and collect administrative fines;

          (B)  Recover administrative fees and costs, including
               attorney's fees and costs; and

          (C)  Bring legal action to recover administrative
               fines, fees, and costs, or payment for damages or
               the cost to correct damages,

          for violations of ocean recreation and coastal area
          laws;

     (2)  Establishing administrative fines for polluting the
          waters of the State as follows:

          (A)  Not more than $10,000 for a first violation or a
               violation beyond five years of a previous
               violation;

 
 
                                 STAND. COM. REP. NO. 1749_______
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          (B)  Not more than $15,000 for a second violation
               within five years of a previous violation;

          (C)  Not more than $25,000 for a third or subsequent
               violation within five years of the last violation;

     (3)  Establishing administrative fines for all other
          violations as follows:

          (A)  Not more than $5,000 for a first violation or a
               violation beyond five years of a previous
               violation;

          (B)  Not more than $10,000 for a second violation
               within five years of a previous violation;

          (C)  Not more than $15,000 for a third or subsequent
               violation within five years of the last violation;

     (4)  Allowing the State to take both criminal and civil
          action against persons violating the State's ocean
          recreation and coastal area laws; and

     (5)  Providing that all fines, fees, and costs, or damages
          recovered shall be deposited into the Boating Special
          Fund.

     The Department of Land and Natural Resources testified in
support of this measure.

     As affirmed by the record of votes of the members of your
Committee on Finance 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 Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Finance,



                                   ______________________________
                                   DWIGHT Y. TAKAMINE, Chair