STAND. COM. REP. NO.  1271-16

 

Honolulu, Hawaii

                , 2016

 

RE:   S.B. No. 2451

      S.D. 2

      H.D. 2

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 2451, S.D. 2, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO CHAPTER 183, HAWAII REVISED STATUTES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Change the general administrative penalties for timber trespass in forest reserves to a fine of not more than the current market value of the Koa tree or other tree or plant destroyed or harvested;

 

     (2)  Clarify that a person who violates the provisions of or rules related to the State's forest reserve laws is subject to imprisonment and escalating minimum fines and also clarify that a trespass in forest reserve violation is punishable as a misdemeanor; and

 

     (3)  Repeal the general penalty provision in section 183-4, Hawaii Revised Statutes (HRS), related to chapters 183 to 185, HRS, as these chapters provide penalties for any violations.

 

     The Department of Land and Natural Resources provided testimony in support of the measure.  The Department of the Attorney General provided comments.

     Your Committee has amended this measure by clarifying that the market value in determining the maximum administrative fine for destroying or harvesting a koa tree or other tree or plant, is to be determined as of the time of the violation, in addition to the location of the violation.

 

     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. 2451, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 2451, S.D. 2, H.D. 2.

 

 

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

 

 

 

 

____________________________

KARL RHOADS, Chair