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. 691 entitled:

begs leave to report as follows:

The purpose of this bill is to protect public trust trails and access roads from inappropriate or excessive use by establishing administrative fines and criminal penalties for violations relating to the Statewide Trail and Access Program.

The Department of Land and Natural Resources (DLNR) and the Sierra Club Hawaii Chapter testified in support of this measure.

Your Committee finds that the fines and penalties should deter violations and enable DLNR to better manage the State's natural environment.

Your Committee discussed, at length, the appropriateness of the heavy fines contained in this bill. On the one hand, the $10,000, $15,000, and $25,000 fines represent the maximum amounts that DLNR may issue. DLNR would have the flexibility to set the fines to match the severity of the violation. On the other hand, these amounts may be excessive when compared to similar violations. Your Committee requests that the Committee on Judiciary and Hawaiian Affairs closely scrutinize this issue.

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. 691 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.