STAND. COM. REP. NO. 310

Honolulu, Hawaii

RE:    S.B. No. 1891

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred S.B. No. 1891 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC LANDS,"

begs leave to report as follows:

     The purpose of this measure is to make a violation of chapter 171, Hawaii Revised Statutes (HRS), relating to public lands, and rules adopted pursuant to chapter 171, HRS, a petty misdemeanor.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and twenty-one individuals. 

     Your Committee finds that currently, under chapter 171, HRS, persons who violate that chapter or the administrative rules adopted pursuant to that chapter are only subject to civil actions.  This measure will authorize the use of criminal citations or arrest in order to prosecute an individual found to be in violation of this chapter.  This measure will also allow for an increase in penalties for persons who are repeat offenders, while preserving the Department of Land and Natural Resources right to seek restitution and recover damages in a civil process. 

     As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1891 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Agriculture, and Hawaiian Affairs,

____________________________

RUSSELL S. KOKUBUN, Chair