Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1088
                                        S.D. 1

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary, to which was referred S.B. No.
1088, S.D. 1, entitled: 


begs leave to report as follows:

     The purpose of this bill is to amend the conservation and
resources enforcement program law with respect to the forfeiture
of perishable natural resources.

     In particular, this bill allows any natural resources that
have been seized by agents of the Department of Land and Natural
Resources to be immediately returned to their natural environment
or suitable habitat, or disposed of as determined by the
Department.  If the natural resources disposed of were unlawfully
seized, the Department is liable to the owner for the fair market
value of the items disposed of.

     The bill further allows the Department to sell or cause the
sale of perishable natural resources that have been seized to
prevent the waste of that resource and ensure the economic value
of the resource, require the person who took the resource to sell
the seized resource at fair market value, or require purchasers
of the seized resource to deliver the proceeds of the sale to the
Department.  The Department is to deposit and keep the proceeds
of the sale in an interest bearing account until the suspected
violation is settled or submitted to the court.  Finally, the

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                                   STAND. COM. REP. NO. 863
                                   Page 2

bill allows for the seizure of perishable natural resources prior
to a forfeiture proceeding.

     Your Committee agrees with the intent of the bill, and finds
that the bill will assist in preventing the waste of natural
resources.  This bill will also relieve the Department of Land
and Natural Resources of the time and expense of storing a
perishable natural resource that declines rapidly in value with
storage, and limits the State's liability for loss of value if it
is later determined that the seizure was unlawful.

     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.
1088, S.D. 1, and recommends that it pass Third Reading.

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

                                   AVERY B. CHUMBLEY, Co-Chair

                                   MATTHEW M. MATSUNAGA, Co-Chair

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