STAND. COM. REP. 902

Honolulu, Hawaii

, 2003

RE: S.B. No. 1080

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Water, Land Use, and Hawaiian Affairs and Energy and Environmental Protection, to which was referred S.B. No. 1080, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PENALTIES,"

beg leave to report as follows:

The purpose of this bill is to protect the State's environment and cultural resources by ensuring that allowable waivers or reductions of penalties for small businesses will not apply to any laws protecting the environment or cultural resources.

The Sierra Club, Hawaii Chapter, testified in support of this measure. The Department of Land and Natural Resources submitted testimony in support of the intent of this bill.

Your Committees find that the fragile and sometime irreparable nature of Hawaii's environment and cultural resources must be protected by the deterrent effects of penalties and fines on those who would violate the laws protecting those resources, including small businesses.

 

Your Committees have amended this measure by:

(1) Clarifying that the enumerated exceptions to the waivers and reductions in penalties and fines provisions are disjunctive, rather than conjunctive; and

(2) Clarifying that this measure does not affect rights and duties that were matured, penalties that were incurred, and proceedings that were begun before its enactment and effective date.

As affirmed by the records of votes of the members of your Committees on Water, Land Use, and Hawaiian Affairs and Energy and Environmental Protection that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1080, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1080, S.D. 1, H.D. 1, and be referred to the Committee on Tourism and Culture.

Respectfully submitted on behalf of the members of the Committees on Water, Land Use, and Hawaiian Affairs and Energy and Environmental Protection,

 

____________________________

HERMINA M. MORITA, Chair

____________________________

EZRA R. KANOHO, Chair