STAND. COM. REP. NO.  599

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1429

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B. No. 1429 entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF TRANSPORTATION,"

begs leave to report as follows:

     The purpose of this bill is to protect state harbors by:

     (1)  Increasing the ceiling on fines from $10,000 to $27,500 for violations of:

          (A)  Rules adopted by the Department of Transportation (DOT);

          (B)  The provisions of Chapter 266, Hawaii Revised Statutes; and

          (C)  Lawful commands of any harbor master, harbor agent, or harbor district manager;

          and

     (2)  Clarifying that any vessel, agent, owner, or crew which violates rules of the DOT or the lawful commands of any harbor master, harbor agent, or harbor district manager, pertaining to federal, state, or county rules, shall be fined not more than $27,500 for each violation.

     DOT supported this bill.

     Your Committee notes that the current ceiling on fines for violations is well below the amount that federal and state agencies may impose on landowners for violations of environmental regulations.  The provisions of this bill will assist DOT in recovering fines imposed against DOT for violations of federal and state pollution laws committed by harbor users and tenants.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1429 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

JOSEPH M. SOUKI, Chair