STAND. COM. REP. NO. 2100

Honolulu, Hawaii

RE: S.B. No. 777

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 777, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE CRIMINAL DESTRUCTION OF TREES,"

begs leave to report as follows:

The purpose and intent of this measure is to establish the offense of criminal destruction of a tree on state or county property, punishable as a misdemeanor.

Your Committee received testimony in support of this measure from the Department of Transportation, one member of the Honolulu City Council, and Trees for Honolulu's Future. Your Committee received comments on this measure from the Department of the Attorney General and Department of the Prosecuting Attorney of the City and County of Honolulu.

Your Committee finds that trees are integral tools in tackling the climate crisis. In addition to carbon sequestration, trees reduce ambient temperatures and storm water runoff, calm traffic, and provide human health, psychological, and quality of life benefits. Establishing criminal penalties to apply to destruction of trees would strengthen enforcement capabilities and allow for greater protection, preservation, and enhancement of natural resources, while providing an opportunity for education about the benefits of trees, which may result in impacts beyond issuing penalties.

Your Committee has amended this measure by:

(1) Applying the intentional or knowing state of mind requirement to the offense of criminal destruction of a tree;

(2) Specifying that if an arborist is needed to determine the value of the tree, the arborist be certified;

(3) Requiring that a certified arborist determine the value of the tree only if the value of the tree is being contested;

(4) Allowing the court to impose any combination of the stipulated penalties, including paying the State or county an amount equal to the replacement value of the tree, paying the State or county an amount equal to the cost to replace to tree, or performing community service;

(5) Clarifying that any criminal action against a person for the offense of criminal destruction of a tree shall not preclude the State from pursuing civil legal action to recover administrative fines, fees, and costs;

(6) Excluding State and county employees acting in the scope of employment from liability;

(7) Inserting an effective date of July 30, 2050, to encourage further discussion; and

(8) 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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 777, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 777, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair