STAND. COM. REP. NO. 539

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 1176
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 1176 entitled: 

     "A BILL FOR AN ACT RELATING TO BOATING PENALTIES,"

begs leave to report as follows:

     The purpose of this bill is to improve the effectiveness of
processing violations of the State's boating laws and rules.
This bill authorizes the Department of Land and Natural Resources
(DLNR) to:

     (1)  Establish administrative fines; and

     (2)  Recover administrative fees and costs or bring legal
          action to recover administrative fines and fees and
          costs,

thereby avoiding the need for court proceedings.

     Testimony in support of this bill was received from DLNR.
Additional comments in opposition to the bill were submitted by
the Boat Owners Association of The State of Hawaii.

     Your Committee finds that the current method for processing
violations of State boating laws and rules through court
proceedings, including criminal proceedings, is ineffective.
Many of the violations in this area could be addressed more
effectively and expeditiously through administrative fines.  The

 
 
 
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utilization of administrative rules would substantially relieve
the courts of the burden of processing minor violations.

     In addition, this bill proposes to require that all fines,
fees, and costs, or recovered damages, be deposited into the
Boating Special Fund.  This arrangement would enable DLNR to
recover the costs of investigating and processing violations.

     Your Committee has amended this bill by making technical and
non-substantive amendments for purposes of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 1176, as amended herein, and recommends that
it be referred to the Committee on Finance, in the form attached
hereto as H.B. No. 1176, H.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair