STAND. COM. REP. NO. 252

Honolulu, Hawaii

RE: S.B. No. 1260

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.B. No. 1260 entitled:

"A BILL FOR AN ACT RELATING TO THE TAKING OF NATURAL RESOURCES,"

begs leave to report as follows:

The purpose and intent of this measure is to establish a warrantless administrative search scheme to enforce natural resources regulations. Specifically, this measure:

(1) Authorizes police officers or agents of the Department of Land and Natural Resources upon whom the Board of Land and Natural Resources has conferred police powers to, in the performance of their primary duties and without a warrant, inspect certain items for compliance with title 12, chapters 6D, 6E, and 6K, Hawaii Revised Statutes, and any rule adopted thereunder, relating to the protection and conservation of natural resources; and

(2) Requires a person to exhibit certain items upon demand by any such person authorized by the Department of Land and Natural Resources.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, For the Fishes, The Nature Conservancy, and two individuals. Your Committee received comments on this measure from the Office of Hawaiian Affairs and two individuals.

Your Committee finds that clear legislative wording outlining a limited inspection authority coupled with the need to exhibit upon a lawful demand, is necessary to allow any police officer or agent of the Department of Land and Natural Resources upon whom the Board of Land and Natural Resources has conferred police powers to have valid authority for a limited inspection while in the field and fulfill the need to adequately protect the natural and cultural resources of Hawaii.

Your Committee has heard the concerns regarding the protection of traditional and customary Native Hawaiian rights and believes this merits further discussion by your Committee on Judiciary.

Your Committee has 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 record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1260, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1260, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

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KAIALI'I KAHELE, Chair