STAND. COM. REP. NO. 3331

Honolulu, Hawaii

RE: H.B. No. 1434

H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Government Operations, to which was referred H.B. No. 1434, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE COUNTIES,"

begs leave to report as follows:

The purpose and intent of this measure is to authorize counties, after adoption of an ordinance, to sell private property after all notices, orders, and appeal proceedings are exhausted and to use those revenues to satisfy unpaid civil fines related to a property subject to a recorded lien.

Your Committee received testimony in support of this measure from the Department of Planning and Permitting of the City and County of Honolulu and four members of the Honolulu City Council. Your Committee received testimony in opposition to this measure from two individuals. Your Committee received comments on this measure from one individual.

Your Committee finds that county planning agencies currently lack sufficient enforcement powers. This can result in unmitigated violations of county ordinances where the accrual of large fines is inadequate to deter violations or compel compliance. Accordingly, this measure provides a necessary enforcement tool for county planning agencies by allowing counties, under certain circumstances intended to protect due process rights, to nonjudicially foreclose on liens arising from civil fines.

As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1434, 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 Government Operations,

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SHARON MORIWAKI, Chair