Honolulu, Hawaii



RE:    S.B. No. 2876

       S.D. 1




Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii




     Your Committees on Water, Land, and Housing and Transportation and International Affairs, to which was referred S.B. No. 2876 entitled:




beg leave to report as follows:


     The purpose and intent of this measure is to:


     (1)  Clarify that persons cited by the Department of Transportation for non-criminal violations may appeal the citation and penalties pursuant to administrative procedures and not directly to District Court;


     (2)  Clarify that citations and violations for traffic code and other criminal statutes are issued by law enforcement officers;


     (3)  Direct rates, fees, fines, and penalties received by the Department of Transportation to be deposited into the harbor special fund; and


     (4)  Authorize the Department of Transportation to collect reimbursements from tenants or harbor users that violate security rules, which causes penalties to be incurred by the Department from the United States Coast Guard.



     Your Committees received testimony in support of this measure from the Department of Transportation.


     Your Committees find that Act 16, Session Laws of Hawaii 2009, requires the Director of Transportation to regulate certain safety and security requirements and other related activities.  However, existing statutes are unclear as to whether administrative hearings can be held to allow purported violators to contest non-criminal violations of chapter 266, Hawaii Revised Statutes.  Your Committees find that it is necessary to amend the law to clarify that administrative hearings may be held rather than adjudicated in court.  Further clarification is also needed to ensure that the fees and fines pursuant to these violations are properly deposited into the harbor special fund.


     Your Committees further find that the United States Coast Guard is authorized under federal laws to fine the Department of Transportation for violations of environmental protection and maritime transportation security.  Currently, the Department is authorized to collect amounts from the commercial harbor tenant or user who caused the environmental protection violations but not for security violations.  This measure will authorize the Department to collect those amounts for security violations and any costs or expenses incurred by the Department resulting from enforcement.


     Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.


     As affirmed by the records of votes of the members of your Committees on Water, Land, and Housing and Transportation and International Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2876, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2876, S.D. 1, and be referred to the Committee on Ways and Means.


Respectfully submitted on behalf of the members of the Committees on Water, Land, and Housing and Transportation and International Affairs,