CONFERENCE COMMITTEE REP. NO. 36-24

Honolulu, Hawaii

, 2024

RE: S.B. No. 2721

S.D. 2

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2721, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO OCEAN RECREATION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to clarify that criminal penalties are authorized for certain violations of ocean recreation laws.

Your Committee on Conference finds that stricter penalties are needed to deter illegal activity at small boat harbors and boating facilities, which are some of the most heavily trafficked facilities in the State. However, the provisions of section 200-14, Hawaii Revised Statutes, are unclear as to whether criminal penalties are authorized for violations, hindering enforcement efforts. This measure will deter illegal activity at small boat harbors by clarifying and imposing stricter penalties.

Your Committee on Conference has amended this measure by:

(1) Clarifying that the Department of Land and Natural Resources may adopt rules relating to boating accidents;

(2) Restoring language imposing penalties on any individual who violates any provision of chapter 200, Hawaii Revised Statutes, or any rule adopted by the Department of Land and Natural Resources;

(3) Restoring language that authorizes the Department of Land and Natural Resources to impose administrative fines and penalties for water pollution violations;

(4) Clarifying that administrative fines shall apply to all violations of chapter 200, chapter 200A, and chapter 200D, Hawaii Revised Statutes;

(5) Making it effective upon its approval; and

(6) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2721, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2721, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ LINDA ICHIYAMA Co-Chair	____________________________ LORRAINE R. INOUYE Chair
____________________________ DAVID A. TARNAS Co-Chair	____________________________ KARL RHOADS Co-Chair