STAND. COM. REP. NO. 3006

Honolulu, Hawaii

RE:    H.B. No. 3178

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Water and Land, to which was referred H.B. No. 3178 entitled:

"A BILL FOR AN ACT RELATING TO CIVIL PENALTIES FOR VIOLATIONS ON PUBLIC LANDS,"

begs leave to report as follows:

     The purpose of this measure is to increase civil penalty fine amounts for violations of the State's natural resources laws committed on public lands and to clarify penalties for encroachment upon public lands.

     Testimony in support of this measure was submitted by the Department of Land and Natural Resources, Pahio Development, Inc., The Hanalei Watershed Hui, and one individual.

     Your Committee finds that in recent years, there has been an increase in the intentional violation of and blatant disregard for state natural resources laws.  Consequently, the State has been under considerable strain in fulfilling its obligation to protect Hawaii's natural resources for the benefit of all of its residents and future generations, due to ineffective enforcement tools, limited resources, and a shortage of enforcement personnel.  Existing civil penalties for most violations are nominal and do not appear to deter such behavior effectively.

     Your Committee finds that increasing penalties for civil violations of the State's natural resources laws is an effective means for deterring unlawful behavior by imposing serious consequences for such violations.

     Your Committee has amended this measure by doubling the proposed dollar amounts for fines increased therein.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3178, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 3178, S.D. 1, and be referred to the Committee on Judiciary and Labor.

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

____________________________

CLAYTON HEE, Chair