STAND. COM. REP. NO. 500

Honolulu, Hawaii

RE: S.B. No. 1256

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Water and Land and Transportation, to which was referred S.B. No. 1256 entitled:

"A BILL FOR AN ACT RELATING TO CERTAIN PENALTIES FOR VIOLATIONS OF SUBTITLE 4,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Amend the fines and clarify criminal penalties for destroying or harvesting trees or tree products, including koa, on state forest reserve lands and add criminal penalties for violating laws or rules relating to forest reserves;

(2) Decriminalize traffic infractions within forest reserves and sets fine amounts; and

(3) 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 one individual.

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:

(1) Inserting an effective date of December 31, 2050, 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 Water and Land and Transportation that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1256, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1256, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

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

________________________________ LORRAINE R. INOUYE, Chair

________________________________ KAIALI'I KAHELE, Chair