Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred H.B. No. 2493, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to establish a civil natural resource violations system within the Department of Land and Natural Resources to process violations of departmental regulations.

Testimony in support of this measure was submitted by the Department of Land and Natural Resources (DLNR) and the Hawaii Chapter of the Sierra Club.

Ten years ago, DLNR had an extensive backlog of cases alleging minor violations of the conservation law. The Board of Land and Natural Resources approved a voluntary pilot program to divert offenders from the time-consuming process of appearing before the Board by either paying a fine or requesting a hearing from a hearing officer. This has been such a successful program that DLNR would like to extend it department-wide, but cannot do this without statutory authorization.

Your Committee finds that there is a need to have a department-wide administrative hearing system for the Board of Land and Natural Resources, and your Committee believes that this measure will address that need.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2493, H.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.