STAND. COM. REP. NO.  987

 

Honolulu, Hawaii

                , 2013

 

RE:   S.B. No. 1170

      S.D. 2

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir:

 

     Your Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs, to which was referred S.B. No. 1170, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO ENFORCEMENT OF VIOLATIONS BY THE DEPARTMENT OF LAND AND NATURAL RESOURCES,"

 

beg leave to report as follows:

 

     The purpose of this measure is to provide the Board of Land and Natural Resources with flexibility in imposing administrative penalties by authorizing the Board to order the performance of community service, suspend or revoke Board-issued licenses or permits, and direct the denial of motor vehicle registration as penalties for violation of rules or statutes related to conservation and resources, caves, or historic preservation.

 

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Office of Hawaiian Affairs, Nature Conservancy, and three individuals.  Hawaii Nearshore Fishermen and one individual submitted testimony in opposition to this measure.

 

     Your Committees have grave concerns regarding the alternate administrative penalties authorized by this measure, particularly the denial of motor vehicle registration.  Your Committees respectfully request that your Committee on Judiciary, should it consider this measure, investigate the propriety of authorizing the Board to impose these penalties without the safeguards afforded by the judicial process.  Despite these very serious concerns, your Committees find that it is appropriate to move this measure forward for the sake of continued discussion on the issues.

 

     As affirmed by the records of votes of the members of your Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1170, S.D. 2, and recommend that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committees on Water & Land and Ocean, Marine Resources, & Hawaiian Affairs,

 

 

____________________________ FAYE P. HANOHANO, Chair		____________________________ CINDY EVANS, Chair