Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Energy and Environment and Judiciary and Hawaiian Affairs, to which was referred S.R. No. 33 entitled:

beg leave to report as follows:

The purpose of this measure is to request the Chief Justice of the Hawaii Supreme Court to convene an ad hoc committee to study the viability of establishing an environmental court and to have the ad hoc committee report its findings to the next legislative session.

The Deputy Administrative Director of the Courts and a Maui County Council member submitted testimony supporting this measure. The Board of Agriculture submitted comments on this measure.

Your Committees find that the concept and practice of environmental courts have proven to be effective in focusing the courts on environmental cases throughout the country. The protection of the environment through appropriate judicial action will demonstrate the serious issues these cases pose for the entire State. The environmental court can be established within existing judicial levels without additional cost. Violations and judgments will become known and serve as a deterrent when the accused offender must appear before an environmental judge.

Your Committees have amended this measure by allowing a designee of the Chief Justice to convene and head the ad hoc committee to study the viability of establishing an environmental court in the State.

As affirmed by the records of votes of the members of your Committees on Energy and Environment and Judiciary and Hawaiian Affairs that are attached to this report, your Committees concur with the intent and purpose of S.R. No. 33, as amended herein, and recommend its adoption in the form attached hereto as S.R. No. 33, S.D. 1.