STAND. COM. REP. NO. 783

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 580

       S.D. 2

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 580, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO FORFEITURE,"

 

begs leave to report as follows:

 

     The purpose of this measure is to subject to forfeiture proceedings persons who violate statutes and rules relating to conservation and resources, the protection of caves, historic preservation, and the Kahoolawe Island Reserve.

 

     The Hawaii Supreme Court in the case of Carlisle v. One (1) Boat, et al. (No. 26995, November 17, 2008), held that the State's forfeiture laws, and the Department of Land and Natural Resources administrative rules, as applied to natural resource violations do not provide the requisite specificity to authorize forfeiture claims by the State.

 

     This measure provides the Kahoolawe Island Reserve Commission with statutory authority to participate in the State's forfeiture program as an additional civil remedy to address violations of statutes and rules relating to the Commission.  Additionally, this measure reaffirms the Department of Land and Natural Resources' authority regarding the forfeiture program and directs the Department to adopt necessary rules.

 

     Your Committee has amended this measure by changing the effective date to July 1, 2050, to continue the discussions on the issue.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 580, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 580, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

 

 

____________________________

BRIAN T. TANIGUCHI, Chair