STAND. COM. REP. NO.1078

Honolulu, Hawaii

, 2001

RE: S.B. No. 1166

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 S.B. No. 1166 entitled:

"A BILL FOR AN ACT RELATING TO PENALTIES FOR THE STATEWIDE TRAIL AND ACCESS PROGRAM,"

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 Trial and Access Program.

The Department of Land and Natural Resources and the Sierra Club, Hawaii Chapter testified in support of this bill.

Your Committee has amended this bill by deleting its substance and inserting the provisions of H.B. No. 691, H.D. 1, a similar bill that passed Third Reading in the House earlier this session. As amended, this bill reduces the maximum limits on administrative fines as follows:

(1) From $10,000 to $2,500 for a first violation;

(2) From $15,000 to $5,000 for a second violation committed within five years of the first violation; and

(3) From $25,000 to $10,000 for a third or subsequent violation committed within five years of the last violation.

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 S.B. No. 1166, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1166, 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,

____________________________

EZRA KANOHO, Chair