STAND. COM. REP. NO. 620

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 815

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 815 entitled:

 

"A BILL FOR AN ACT RELATING TO ASSET FORFEITURE,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to require the forfeiture of any equipment, article, instrument, aircraft, vehicle, vessel, business record, or natural resource used or taken in violation of the laws or rules applicable to the Kaho‘olawe Island Reserve.

 

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Kaho‘olawe Island Reserve Commission; Office of Hawaiian Affairs; Department of the Prosecuting Attorney of the County of Maui; and two individuals.  Your Committee received comments on this measure from the Ocean Tourism Coalition.

 

     Your Committee finds that it is imperative that the State do everything in its power to protect Hawaii's treasured natural and cultural resources.  The Department of the Prosecuting Attorney of the County of Maui consistently receives reports of illegal fishing and other activities on and around the island of Kaho‘olawe.  In order to protect Kaho‘olawe from these activities, enforcement must be severe enough to effectively deter prohibited acts.  In 2008, an Intermediate Court of Appeals decision that allowed asset forfeiture in cases of resource destruction when applicable penalty provisions did not specifically authorize forfeiture was overturned by the Hawaii Supreme Court.  This measure will specifically authorize asset forfeiture as a penalty for resource destruction on the Kaho‘olawe Island Reserve, which will strengthen the enforcement capabilities of the Department of Land and Natural Resources and the Department of the Prosecuting Attorney of the County of Maui and provide a major deterrent to those who would harm or pillage Kaho‘olawe's environmental and cultural resources. 

 

     Your Committee recognizes testifiers' concerns that, should Molokini come under the jurisdiction of the Kaho‘olawe Island Reserve Commission, this measure may affect activities on Molokini that may be legitimate and currently allowed.  Your Committee finds that this measure specifically applies to the island reserve and that unless Molokini becomes a part of the island reserve, this measure will not be applicable.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting an effective date of July 1, 2050, to allow for 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 Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 815, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 815, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

____________________________ CLAYTON HEE, Chair