STAND. COM. REP. NO.  711-10

Honolulu, Hawaii

                , 2010

RE:   S.B. No. 2081

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir:

     Your Committee on Energy & Environmental Protection, to which was referred S.B. No. 2081, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO LITTER CONTROL,"

begs leave to report as follows:

     The purpose of this bill is to provide funding to decrease littering by increasing the fines and allocating the fines to the jurisdiction, the State or county, that imposed the fine for violating the litter control law.

     The Department of Environmental Management of the County of Hawaii testified in support of this bill.  The Department of Budget and Fiscal Services of the City and County of Honolulu supported the intent of this measure.  The Department of Budget and Finance and Department of the Attorney General provided comments.

     Your Committee finds that littering continues to plague this state with dire consequences to our tourism industry and natural environment.  The Environmental Management Special Fund (Special Fund) was established to provide funding for the implementation of the Hawaii Integrated Solid Waste Management Act that, among other things, requires the Department of Health and each county to consider the minimization of litter and illegal dumping as a design factor in the development of integrated solid waste management programs.  Your Committee further finds that the Special Fund is an ideal vehicle to address the litter problem on a statewide basis.

     Your Committee has amended this bill by:

     (1)  Reallocating fines that are imposed and collected by a state agency into the Special Fund, rather than depositing the fines into a special account within the general fund for use by the state agency that issued the littering citation;

     (2)  Adding as an allowable expenditure from the Special Fund, contracts or fund transfers to agencies that enforce litter control and criminal littering laws;

     (3)  Changing the effective date to July 1, 2010; and

     (4)  Making technical, nonsubstantive amendments for style, consistency, and clarity.

     As affirmed by the record of votes of the members of your Committee on Energy & Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2081, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2081, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Energy & Environmental Protection,

____________________________

HERMINA MORITA, Chair