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 S.B. No. 2968, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to give the Department of Land and Natural Resources (department) the authority to establish and implement a civil natural resource violations system.

This measure also establishes an administrative violation system for the Kahoolawe island reserve and the state water code, and administrative and criminal penalties for public lands rule infractions.

Testimony in support of this measure was received from the Board of Land and Natural Resources.

The purpose of the civil natural resource violations system is to process violations of departmental regulations for which administrative penalties have been authorized by law. All natural resource infractions that the department identifies as subject to administrative penalties may be adjudicated under the new law.

Your Committee finds that a civil natural resource violations system within the Department of Land and Natural Resources will provide an efficient and effective alternative to the current judicial process by allowing for more flexibility and manageability, reducing caseload and cost, and providing surety and speed in outcome determinations.

On further review of this measure, your Committee finds that the legislative intent is to apply the Civil Natural Resource Violations Act to rule violations in chapter 171, Hawaii Revised Statutes, although the measure does not specifically mention its applicability under chapter 171 but does so for Kahoolawe island reserve and the state water code.

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 S.B. No. 2968, S.D. 1, and recommends that it pass Third Reading.