STAND. COM. REP. NO. 421

Honolulu, Hawaii

, 2005

RE: S.B. No. 680

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Energy, Environment, and International Affairs and Health, to which was referred S.B. No. 680 entitled:

"A BILL FOR AN ACT RELATING TO SOLID WASTE CONTROL,"

beg leave to report as follows:

The purpose of this measure is to clarify an ambiguity caused by the current language in section 342H-30(c), Hawaii Revised Statutes, which inadvertently may be read to apply to solid waste of less than one cubic yard.

Testimony in support of the measure was received from the Department of Health, which indicated that it was working with the Attorney General on this matter. The Attorney General supported the measure and offered proposed amendments.

Your Committees find that the measure clears up an ambiguity caused by the current language in section 342H-30(c), Hawaii Revised Statutes, regarding the amount of solid waste that is subject to the prohibitions of that section. Your Committees also find that the proposed amendments offered by the Attorney General to remove the criminal offense from section 342H-30 and create a new section for it, thus distinguishing between civil enforcement and criminal prosecution, offer further clarity. Your Committees find that the proposed amendments offered by the Attorney General address the concern for greater clarity in the solid waste control law.

Your Committees have amended the bill by moving all criminal penalties into a new, separate petty misdemeanor section.

As affirmed by the records of votes of the members of your Committees on Energy, Environment, and International Affairs and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 680, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 680, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Energy, Environment, and International Affairs and Health,

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ROSALYN H. BAKER, Chair

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J. KALANI ENGLISH, Chair