STAND. COM. REP. NO.777

Honolulu, Hawaii

, 2001

RE: H.B. No. 691

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 691 entitled:

"A BILL FOR AN ACT RELATING TO PENALTIES FOR THE STATEWIDE TRAIL AND ACCESS PROGRAM,"

begs leave to report as follows:

The purpose of this bill is to establish civil and criminal penalties for the inappropriate or excessive use of public trust trails and access roads.

Supportive testimony was submitted by the Department of Land and Natural Resources (DLNR), the Hawaii Tourism Authority, and a concerned citizen.

Your Committee finds that DLNR has initiated the use of administrative penalties for many of its natural resource programs and believes that it is a better way to handle violations of administrative rules in many cases. Although criminal convictions and the possibility of jail time would be appropriate for serious violations, in most cases, the assessment of fines provides a greater deterrent.

However, your Committee is concerned that the civil fines authorized in the bill may be excessive in light of other fines and penalties levied for similar offenses.

 

As such, your Committee has amended this bill by reducing the maximum limits on administrative fines as follows:

(1) From $10,000 to $2,500 for a first violation;

(2) From $15,000 to $5,000 for a second violation committed within five years of the first violation; and

(3) From $25,000 to $10,000 for a third or subsequent violation committed within five years of the last violation.

In addition, other technical, nonsubstantive amendments were made for purposes of clarity, style and conformity.

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. 691, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 691, H.D. 1.

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

____________________________

ERIC G. HAMAKAWA, Chair