Bill Text: HI HB1093 | 2023 | Regular Session | Introduced
Bill Title: Relating To Administrative Penalties On Public Lands.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-30 - Referred to WAL, JHA, FIN, referral sheet 3 [HB1093 Detail]
Download: Hawaii-2023-HB1093-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1093 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE PENALTIES ON PUBLIC LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
Section 171-6.4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§171-6.4[]] General administrative penalties. (a)
Except as otherwise provided by law, the board or its authorized representative
by proper delegation may set, charge, and collect administrative fines or bring
legal action to recover administrative fees and costs as documented by receipts
or affidavit, including attorneys' fees and costs; or bring legal action to recover
administrative fines, fees, and costs, including attorneys' fees and costs, or payment
for damages resulting from a violation of this chapter or any rule adopted pursuant
to this chapter. The administrative fines
shall be as follows:
(1) For a first violation, a fine of not more than $2,500;
(2) For a second violation within five years of a previous
violation, a fine of not more than $5,000;
(3) For a third or subsequent violation within five
years of the last violation, a fine of not more than $10,000.
(b) Any criminal action against a person for any violation
of this chapter or any rule adopted pursuant to this chapter shall not be deemed
to preclude the State from pursuing civil legal action against that person. Any civil legal action against a person to recover
administrative fines and costs for any violation of this chapter or any rule adopted
pursuant to this chapter shall not be deemed to preclude the State from pursuing
any criminal action against that person.
Each day of each violation shall constitute a separate offense.
(c)
Noncompliance of administrative enforcement action against a landowner for
a land use, as defined in chapter 183C, violation or for a currently unauthorized
structure encroaching on public lands (including but not limited to submerged lands
or lands within the shoreline) that falls, slides, or came onto public land, or
arises from or benefits an adjoining or abutting private land shall affect title
as referred to in section 501-151 and result in a lien attaching to the adjoining
or abutting private land."
SECTION 2. Section 501-151, Hawaii Revied Statutes, is amended
to read as follows:
"§501-151 Pending
actions, judgments; recording of, notice. No writ of entry,
action for partition, or any action affecting the title to real property or the
use and occupancy thereof or the buildings
thereon, and no judgment, nor any appeal or other proceeding to vacate or reverse
any judgment, shall have any effect upon registered land as against persons other
than the parties thereto, unless a full memorandum thereof, containing also a reference
to the number of the certificate of title of
the land affected is filed or recorded and registered. Except as otherwise provided,
every judgment shall contain or have endorsed on it the State of Hawaii general
excise taxpayer identification number, the federal employer identification number,
or the last four digits only of the social security number for persons, corporations,
partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no social security
number, State of Hawaii general excise taxpayer identification number, or federal
employer identification number, or if that information is not in the possession
of the party seeking registration of the judgment, the judgment shall be accompanied
by a certificate that provides that the information does not exist or is not in
the possession of the party seeking registration of the judgment. Failure to disclose or disclosure of an incorrect
social security number, State of Hawaii general excise taxpayer identification number,
or federal employer identification number shall not in any way adversely affect
or impair the lien created upon recording of the judgment. This section does not apply to attachments, levies
of execution, or to proceedings for the probate of wills, or for administration
in a probate court; provided that in case notice of the pendency of the action has
been duly registered it is sufficient to register the judgment in the action within
sixty days after the rendition thereof.
As used in this chapter, "judgment" includes an order or decree having
the effect of a judgment.
Notice of the pendency of an action in a United States District Court,
as well as a court of the State of Hawaii, may be recorded.
Notice of opening a dispute resolution case as provided in section
667-79 may be recorded.
Foreclosure notice as provided
in section 667-23 may be recorded.
The party seeking registration of a judgment shall redact the first
five digits of any social security number by blocking the numbers out on the copy
of the judgment to be filed or recorded.
As used in this section, "action"
includes an administrative enforcement action by any state or county agency, board,
or commission against a landowner for a land use violation or a currently unauthorized
structure encroaching on public lands (including but not limited to submerged lands
or lands within the shoreline) that falls, slides, or came onto public land, or
arises from or benefits an adjoining or abutting private land."
SECTION 3. Section 634-51, Hawaii Revied Statutes, is amended
to read as follows:
"§634-51 Recording
of notice of pendency of action. [[](a)[]] In any action concerning real property or affecting
the title or the right of possession of real property, the plaintiff, at the time
of filing the complaint, [any State or County agency, board or
commission imposing an administrative enforcement action,]
and any other party at the time of filing a pleading in
which affirmative relief is claimed, or at any time afterwards, may record in the
bureau of conveyances a notice of the pendency of the action, containing the names
or designations of the parties, as set out in the summons or pleading, the object
of the action or claim for affirmative relief, and a description of the property
affected thereby. From and after the time
of recording the notice, a person who becomes a purchaser or encumbrancer of the
property affected shall be deemed to have constructive notice of the pendency of
the action and be bound by any judgment entered therein if the person claims through
a party to the action; provided that in the case of registered land, section 501-151,
sections 501-241 to 501-248, and part II of chapter 501 shall govern.
[[](b)[]] This
section authorizes the recording of a notice of the pendency of an action in a United
States District Court, as well as a state court.
As used in this section, "action"
includes an administrative enforcement action by any state or county agency, board,
or commission against a landowner for a land use violation or a currently unauthorized
structure encroaching on public lands (including but not limited to submerged lands
or lands within the shoreline) that falls, slides, came onto public land, or arises
from or benefits an adjoining or abutting private land."
SECTION 4. Statutory material
to be repealed is bracketed and stricken.
New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Administrative Penalties; Lien on Private Lands
Description:
Authorizes the Board of Land and Natural Resources to place a lien on property for noncompliance with administrative enforcement action.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.