STAND. COM. REP. NO. 697-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2964
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 2964 entitled:
"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE INSPECTIONS,"
begs leave to report as follows:
The purpose of this bill is to enhance the ability of inspectors to enforce state laws and regulations relating to aquatic resources by conforming the State's aquatic laws with the State's hunting laws regarding probable cause for state inspections. Specifically, this bill:
(1) Removes the probable cause requirement for state inspections of bags, containers, vehicles, or conveyances used to carry aquatic life, to determine compliance with state laws and regulations; and
(2) Makes consent to inspection a condition of any license or permit issued by the Department of Land and Natural Resources (DLNR).
DLNR, Hawaii Audubon Society, Ocean Law & Policy Institute, and the Sierra Club, Hawaii Chapter, testified in support of this bill.
Your Committee finds that this measure is important to the protection of Hawaii's marine resources. Your Committee was informed that collectors of marine aquarium fish and invertebrates have been able to avoid compliance with laws and regulations designed to enable Hawaii's aquatic resources to thrive. This measure conforms the State's aquatic laws to state hunting laws that do not require probable cause to inspect a hunter's game bag.
Your Committee does not intend the removal of the probable cause requirement to authorize warrantless searches for evidence of crime unrelated to aquatic resources. Accordingly, your Committee has amended this measure by:
(1) Narrowing the focus of inspection from "compliance with state laws and regulations" to violations of subtitle 5 of title 12, relating to aquatic resources and wildlife, or any rule adopted thereunder; and
(2) Restricting the authority to inspect without probable cause to DLNR agents conferred with police powers, and not to "any other enforcement officer of the State."
Your Committee has also made technical, nonsubstantive amendments for clarity and style.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2964, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2964, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
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