STAND. COM. REP. NO.  1051

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 815

      S.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Hawaiian Affairs, to which was referred S.B. No. 815, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ASSET FORFEITURE,"

begs leave to report as follows:

     The purpose of this bill is to strengthen the protections for the natural resources of the Kaho‘olawe Island Reserve by authorizing the imposition of seizure and forfeiture penalty provisions for a variety of items and equipment, including vehicles, vessels, and aircraft, used or taken in violation of the laws or rules applicable to the Kaho‘olawe Island Reserve.

     The Department of Land and Natural Resources, Office of Hawaiian Affairs, Kaho‘olawe Island Reserve Commission, Department of the Prosecuting Attorney of the County of Maui, and a concerned individual testified in support of this bill.  The Ocean Tourism Coalition provided comments.

     While your Committee notes the concerns raised by the Ocean Tourism Coalition that the inadvertent crossing of a commercial tour operation into the waters of the Kaho‘olawe Island Reserve could subject the operator to a seizure and forfeiture of their vessel under this measure, the protection of the Kaho‘olawe Island Reserve remains of utmost importance and this measure deserves further consideration and discussion.

     As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 815, S.D. 1, 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 Hawaiian Affairs,

____________________________

FAYE HANOHANO, Chair