STAND. COM. REP. NO. 1204

Honolulu, Hawaii

RE: H.B. No. 1009

H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred H.B. No. 1009, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CERTAIN PENALTIES FOR VIOLATIONS OF SUBTITLE 4 OF TITLE 12, HAWAII REVISED STATUTES,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Amend the additional fines and costs for destroying or harvesting trees or tree products, including koa, on state forest reserves lands;

(2) Establish penalties for any person who violates vehicular parking or traffic movement rules adopted by the Department of Land and Natural Resources under forest reserves, water development, and zoning laws;

(3) Authorize the State to pursue civil legal action and criminal action against a person violating forest reserves, water development, and zoning laws and rules;

(4) Establish criminal penalties for violations of all forest reserves laws or rules; and

(5) Repeal the general penalty provision for violations of certain forestry and wildlife, recreation areas, and fire protection laws and rules.

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

Your Committee finds that the current value of koa and other forest products, such as Hawaiian sandalwood, far exceeds the current dollar amount of the administrative fine of up to $10,000 per koa tree and $2,000 for all other tree or plants destroyed or harvested on state lands. Your Committee further finds that this measure not only streamlines offenses and penalties within statutes regarding forest reserves, but also allows the Department of Land and Natural Resources to more consistently and effectively enforce administrative rules and protect, preserve, and enhance the State's natural resources.

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 H.B. No. 1009, H.D. 1, and recommends that it pass Second Reading and be referred to your Committees on Judiciary and Ways and Means.

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

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LORRAINE R. INOUYE, Chair