STAND. COM. REP. NO.776
Honolulu, Hawaii
, 2001
RE: H.B. No. 690
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 690, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PENALTIES FOR NATURAL RESOURCES,"
begs leave to report as follows:
The purpose of this bill is to protect Hawaii's natural resources by:
(1) Establishing administrative fines for violations relating to the Natural Area Reserve System (NARS) and the State Endangered Species Act (ESA);
(2) Removing the maximum ceiling provision for violations of the ESA; and
(3) Increasing the fines for intentionally, knowingly, or recklessly killing a threatened or endangered species.
Testimony in support was submitted by the Department of Land and Natural Resources (DLNR), the Hawaii Audubon Society, and a member of the public.
Your Committee has been informed by DLNR that violations of the NARS and ESA rules can be addressed more effectively through administrative fines, rather than through the criminal justice system. Although criminal convictions and the possibility of jail time may be appropriate for serious violations, DLNR believes that the assessment of fines would be a more effective deterrent.
Although your Committee agrees with the intent of this measure, there is concern that the level of administrative fines suggested by DLNR is excessive. Accordingly, your Committee has amended this bill by reducing the penalties for violations of NARS and ESA rules as follows:
(1) For a first violation, a fine of up to $2,500;
(2) For a second violation within five years of a previous violation, a fine of up to $5,000; and
(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.
Your Committee has also amended this measure by making technical, nonsubstantive amendments for purposes of consistency and clarity.
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 H.B. No. 690, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 690, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ ERIC G. HAMAKAWA, Chair |
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