STAND. COM. REP. NO. 777

Honolulu, Hawaii

RE:    S.B. No. 991

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Judiciary and Labor and Ways and Means, to which was referred S.B. No. 991, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PENALTIES FOR VIOLATIONS ON CERTAIN STATE LANDS,"

beg leave to report as follows:

     The purpose and intent of this measure is to decriminalize traffic infractions within the Department of Land and Natural Resources' natural area reserves, game management areas, wildlife sanctuaries, and public hunting areas.

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

     Your Committees find that Act 124, Session Laws of Hawaii 2005, mandated the identification of minor criminal offenses for which typically only a fine is imposed and which may be decriminalized without undermining the ability of government to enforce laws within its jurisdiction.  Your Committees further find that Act 101, Session Laws of Hawaii 2008, decriminalized traffic violations in state parks and recreation areas and ocean recreation and coastal areas.  This measure decriminalizes traffic violations within the Department of Land and Natural Resources' natural area reserves, game management areas, wildlife sanctuaries, and public hunting areas so that they are consistent with Act 101 and makes resolution of certain minor criminal offenses as simple as possible for the average citizen while ensuring that police, prosecutor, and judicial resources are focused on the most serious criminal offenses.

     Your Committees have amended this measure by:

     (1)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (2)  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 Judiciary and Labor and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 991, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 991, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor and Ways and Means,

________________________________ JILL N. TOKUDA, Chair

________________________________ GILBERT S.C. KEITH-AGARAN, Chair