STAND. COM. REP. NO.320
Honolulu, Hawaii
, 2001
RE: H.B. No. 683
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Water and Land Use, to which was referred H.B. No. 683 entitled:
"A BILL FOR AN ACT RELATING TO STATE PARKS PENALTIES,"
begs leave to report as follows:
The purpose of this bill is to strengthen the management of the State Park System by establishing:
(1) Administrative or civil penalties for violations of state park rules; and
(2) Minimum fines for petty misdemeanor violations.
The Department of Land and Natural Resources (DLNR) and the Sierra Club Hawaii Chapter testified in support of this measure.
According to DLNR, violations of state parks laws and rules are currently handled by the courts as criminal procedures. However, some violations dealing with civil matters could be more effectively addressed through administrative procedures. This would help to:
(1) Address the issues quickly;
(2) Ease the burden of the courts in processing minor violations; and
(3) Provide an avenue to pursue violators responsible for major impacts on park resources.
By establishing minimum fines, this bill also addresses the situation in which some violators have no incentive to obtain permits since the fines are less than the permit fees.
Your Committee has amended this bill by:
(1) Narrowing the scope of the violations for which a fine of up to $5,000 may be levied; and
(2) Making technical, nonsubstantive amendments for the purpose of style and to correct technical errors.
As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 683, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 683, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Water and Land Use,
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____________________________ EZRA KANOHO, Chair |
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