STAND. COM. REP. NO. 333

Honolulu, Hawaii

RE:    S.B. No. 989

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Water and Land and Judiciary and Labor, to which was referred S.B. No. 989 entitled:

"A BILL FOR AN ACT RELATING TO DEPARTMENT OF LAND AND NATURAL RESOURCES VIOLATIONS,"

beg leave to report as follows:

     The purpose and intent of this measure is to amend the fines and clarify criminal penalties for destroying or harvesting trees, including koa, on state forest reserve lands, add criminal penalties for violating laws or rules relating to forest reserves, and repeal the general penalty provision in chapter 183, Hawaii Revised Statutes.

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources and two individuals.

     Your Committees find that the current fines for destroying or harvesting trees, including koa, on state forest reserve lands are inadequate compared to the current market value of the trees and the costs associated with restoration or replacement of the trees and damages caused by their destruction or harvest.  An adjustment in fines is warranted to deter the illegal harvesting and destruction of natural resources within state forest reserves.  Your Committees further find that establishing a criminal penalty for certain conservation and resource violations strengthens the Department of Land and Natural Resources' enforcement capabilities and offers additional protection of the State's natural resources.

     Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Water and Land and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 989, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 989, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Judiciary and Labor,

________________________________ GILBERT S.C. KEITH-AGARAN, Chair

________________________________ KARL RHOADS, Chair