STAND. COM. REP. 306

Honolulu, Hawaii

, 2003

RE: H.B. No. 1560

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 1560 entitled:

"A BILL FOR AN ACT RELATING TO DISPOSITION OF VESSELS BY THE DEPARTMENT OF LAND AND NATURAL RESOURCES,"

begs leave to report as follows:

The purpose of this bill is to:

(1) Require the Department of Land and Natural Resources (DLNR) to provide the owner, operator, or lien holder of a vessel an opportunity for an administrative hearing to contest the basis for impounding the vessel prior to its disposition;

(2) Raise the threshold amount of the appraised value of vessels impounded by DLNR that requires disposition by public auction; and

(3) Modify procedures for the disposition of derelict vessels.

DLNR testified in support of this measure.

Your Committee finds that in a recent Hawaii Supreme Court case, the Court held that a vessel and its accompanying mooring and live-aboard permits are constitutionally protected property, of which an individual may not be deprived without notice or opportunity for a hearing. This bill sets forth the procedures for requesting an administrative hearing for abandoned and derelict vessel owners and establishes notice requirements prior to disposition of a vessel.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1560 and recommends that it pass Second Reading and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair