STAND. COM. REP. NO.775

Honolulu, Hawaii

, 2001

RE: H.B. No. 683

H.D. 2

 

 

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. 683, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO STATE PARKS PENALTIES,"

begs leave to report as follows:

The purpose of this bill is to strengthen the management of the state park system by:

(1) Establishing administrative fines for violations; and

(2) Establishing minimum fines for petty misdemeanor violations;

Testimony in support was submitted by the Department of Land and Natural Resources (DLNR) and a member of the public.

Your Committee has been informed by DLNR that currently, violations of state park rules are handled through court criminal proceedings. However, DLNR believes that the violations could be more effectively and expeditiously addressed by the assessment of administrative fines.

Although your Committee agrees with the intent of this measure, there is concern that the level of administrative fines suggested by DLNR is excessive. Accordingly, your Committee has amended this bill by reducing the penalties for violations of state park rules as follows:

(1) For a first violation, a fine of up to $2,500;

(2) For a second violation within five years of a previous violation, a fine of up to $5,000; and

(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.

Your Committee has also amended this measure by making technical, nonsubstantive amendments for purposes of style, clarity, and consistency.

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. 683, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 683, H.D. 2.

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

____________________________

ERIC G. HAMAKAWA, Chair