STAND. COM. REP. NO. 3035

Honolulu, Hawaii

RE: H.B. No. 1936

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1936, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ENVIRONMENTAL COURTS,"

begs leave to report as follows:

The purpose and intent of this measure is to provide that the environmental courts shall not have exclusive, original jurisdiction over any proceeding relating to parking violations under certain laws and administrative rules.

Your Committee received testimony in support of this measure from the Judiciary, Department of Land and Natural Resources, and Oahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i.

Your Committee finds that the primary focus of the environmental courts is to ensure the fair, consistent, and effective resolution of cases involving the environment in Hawaii. Your Committee further finds that most of the parking violations at the State's small boat harbors and state parks do not pose a direct or severe impact to the environment and can be easily and more efficiently processed through the regular district courts or the Traffic Violations Bureau of the First Circuit. This measure will allow the environmental courts to focus on cases within the purview of the court while still exercising jurisdiction over those parking cases that do pose an impact to the environment.

Your Committee has amended this measure by:

(1) Inserting an effective date of July 1, 2018; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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 H.B. No. 1936, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1936, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

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

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BRIAN T. TANIGUCHI, Chair