Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water, Land, Energy and Environment, to which was referred S.B. No. 2567 entitled:

begs leave to report as follows:

The purpose of this measure is to increase criminal littering penalties to a class C felony for any item of litter weighing at least fifty pounds; provided that establishing a violation does not require testimony by a police officer, but may rely on other relevant evidence, such as photographic evidence or testimony of other witnesses.

Testimony in support of this measure was received from the Department of Health, Honolulu Police Department, Sierra Club Hawai`i Chapter, Na Leo Pohai, The Lani-Kailua Outdoor Circle, and three individuals.

Your Committee finds that the dumping of cars and bulky items in areas such as beach parks and forest reserves has plagued our State for years. Adding a provision that would make criminal littering a felony in certain situations would provide a deterrent to offenders who otherwise would not care about committing a petty misdemeanor.

Your Committee further finds that eliminating the necessity for police officers to testify in court for such violations would also enhance the efficiency of the court proceedings in litter cases.

Your Committee is supportive of this effort to protect and preserve Hawaii's natural beauty, for its residents and visitors alike.

As affirmed by the record of votes of the members of your Committee on Water, Land, Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2567 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.