Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2375, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to make the knowing disposal of certain amounts of solid waste anywhere other than a permitted solid waste management system, without the written approval of the Department of Health, a class C felony.

Testimony in support of this measure was submitted by the Department of the Attorney General, Department of Health, Department of the Prosecuting Attorney for the City and County of Honolulu, Land Use Research Foundation of Hawaii, and the Hawaii Chapter of the Sierra Club. Testimony in opposition to this measure was submitted by the Office of the Public Defender and Windward Ahupua'a Alliance.

Your Committee finds that illegal dumping of waste and rubbish has become a major problem for some parts of the State. Your Committee believes that increasing the penalty for illegally dumping large amounts of waste or repeated illegal dumping offenses sends a message to the community and will serve to deter future offenses.

Your Committee also noted concerns regarding sentencing for these offenses. Specifically, it was expressed that individuals found guilty of committing illegal dumping should be required to help clean up the environment as a part of their sentencing. Your Committee believes that this type of sentencing is appropriate and should be implemented whenever possible.

Your Committee has amended this measure by:

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. 2375, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2375, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.