STAND. COM. REP. NO.  1522-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 2425

      S.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2425, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ARSON,"

begs leave to report as follows:

     The purpose of this bill is to clarify the costs associated with extinguishing a brush fire that a person convicted of arson may be required to pay to include:

     (1)  Personnel salary, benefits, and overtime;

(2)  The operation, maintenance, and repair of apparatus, aircraft, and equipment;

     (3)  Supplies expended, damaged, or lost; and

     (4)  Rehabilitation supplies during fire fighting operations.

     The Department of the Prosecuting Attorney of the City and County of Honolulu, the Honolulu Fire Department, and the Department of Fire and Public Safety of the County of Maui testified in support of this bill.  The Office of the Public Defender opposed this measure.

     Currently, the court lacks guidance as to which costs it can require an arsonist to pay as a result of starting a brush fire.

     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 S.B. No. 2425, S.D. 1, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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

____________________________

TOMMY WATERS, Chair