Bill Text: HI SB1256 | 2019 | Regular Session | Amended
Bill Title: Relating To Certain Penalties For Violations Of Subtitle 4.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB1256 Detail]
Download: Hawaii-2019-SB1256-Amended.html
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THE SENATE |
S.B. NO. |
1256 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CERTAIN PENALTIES FOR VIOLATIONS OF SUBTITLE 4.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. Section 183-5, Hawaii Revised
Statutes, is amended to read as follows:
"[[]§183-5[]] General [administrative]
penalties. (a) Except as otherwise provided by law, the
board or its authorized representative may:
(1) Set, charge, and collect administrative fines;
(2) Bring legal action to recover administrative
fines, fees, and costs, including attorney's fees and costs and costs
associated with land or habitat restoration; and
(3) Collect administrative fees and costs pursuant
to paragraph (2),
resulting from a violation of this
chapter, any rule adopted, or permit issued thereunder.
(b) [The] Except as provided in
subsection (d), the administrative fines for violation of this chapter
shall be as follows:
(1) For a first violation, or any violation not
preceded within a five-year period by a violation of this chapter, a fine of
not more than $2,500 per violation;
(2) For a second violation within five years of a
previous violation of this chapter, a fine of not more than $5,000 per
violation; and
(3) For a third or subsequent violation within
five years of the last violation of this chapter, a fine of not more than
$10,000 per violation.
(c) In addition[:
(1) A], a fine of an amount
up to $10,000 or three times the market value at the time and place of the violation,
as determined by the department, for each tree or tree products, including koa,
whichever is greater, per violation of section 183-17 may be levied for
each destroyed, damaged, or harvested [koa] tree, or portion
thereof, larger than six inches in diameter at ground level[; and
(2) A fine of up to $2,000 per violation of
section 183-17 may be levied for each destroyed or harvested tree or plant,
other than koa, or portion thereof, larger than six inches in diameter at
ground level.], in addition to any costs associated with restoration or
replacement of habitat and damages to public land or natural resources, or any
combination thereof.
(d) Any person who violates any rule adopted by
the department under this chapter regulating vehicular parking or traffic
movement shall have committed a traffic infraction as set forth in chapter
291D, the adjudication of which shall be subject to the provisions contained
therein. A person found to have
committed such a traffic infraction shall be fined not more than:
(1) $100
for a first violation;
(2) $200
for a second violation; and
(3) $500
for a third or subsequent violation.
[(d)]
(e) Any criminal [prosecution]
action against a person for any violation of this chapter or any rule
adopted thereunder shall not be deemed to preclude the State from [recovering
additional] pursuing civil legal action to recover administrative
fines, fees, and costs, including attorney's fees and
costs[.], or monetary assessments against that person. Any civil legal action against a person to
recover administrative fines, fees, and costs, including attorney's fees and
costs, or monetary assessments for any violation of this chapter or any rule
adopted thereunder shall not be deemed to preclude the State from pursuing any
criminal action against that person.
[(e)]
(f) No person shall be sanctioned
pursuant to this section for the exercise of native Hawaiian gathering rights
and traditional cultural practices as authorized by law or as permitted by the
department pursuant to article [xii,] XII, section 7, of
the [Hawaii] state constitution.
[(f)]
(g) The department shall submit
an annual report outlining the revenues generated by the penalties to the
legislature at least twenty days before the convening of each regular session."
SECTION 2. Section 183-18, Hawaii Revised Statutes, is
amended to read as follows:
"§183‑18 Criminal penalties. [Any person who violates
section 183-17, upon conviction thereof, is guilty of a misdemeanor and shall
be fined not more than $2,000 or imprisoned not more than one year, or
both. In addition to any other penalty
imposed under this section, a fine of up to $2,000 shall be levied for each
tree illegally destroyed or harvested under section 183‑17.] (a) Unless otherwise specified, any person who
violates a provision of this part or a rule adopted pursuant to this part shall
be guilty of a petty misdemeanor. A
person convicted of violating a provision of this part or a rule adopted
pursuant to this part shall be sentenced, without the possibility of probation
or suspension of sentence, as follows:
(1) A mandatory fine of not less than $100, or
imprisonment of not more than thirty days, or both, for a first offense, or any
offense not preceded within a five-year period by a conviction for a prior
offense;
(2) A mandatory fine of not less than $500, or
by imprisonment of not more than thirty days, or both, for an offense that
occurs within five years of a conviction for a prior offense; and
(3) A mandatory fine of $1,000, or imprisonment
of not more than thirty days, or both, for an offense that occurs within five
years of two or more convictions for prior offenses.
For purposes of this
subsection, "offense" means a violation of any provision of this part
or any rules adopted pursuant thereto.
(b) A person who is convicted for violating
section 183‑17 is guilty of a misdemeanor and shall be fined not more
than $2,000 or imprisoned not more than one year, or both."
SECTION
3. Section 183-4, Hawaii Revised
Statutes, is repealed.
["§183-4 General penalty. Any person violating any of the provisions of
chapters 183 to 185, for which violation a penalty is not otherwise provided,
or violating any rule or regulation of the department of land and natural
resources, and any master of any vessel which brings into the State any article
which the department shall at any time prohibit from being imported into the
State, and the master of any vessel from which is landed any article required
in chapters 183 to 185 to be inspected, before the master has received a permit
to land the articles from the department or its officer or inspector, as in
such chapters provided, shall be fined not more than $500."]
SECTION
4. This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
SECTION
5. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 6. This Act shall take effect on December 31,
2050.
Report Title:
Destruction or Harvesting of Trees including Koa on State Lands; Forest Reserves Violations; Penalties
Description:
Amends fines for destroying or harvesting trees or tree products, including koa, on state forest reserves lands to an amount up to $10,000 or three times the market value at the time and place of the violation for each tree, whichever is greater, in addition to any costs associated with restoration or replacement of the habitat and damages to public land or natural resources, or any combination thereof. Clarifies that any person violating any provision of part II (Forest Reserves) of chapter 183, Hawaii Revised Statutes, or any rule adopted pursuant thereto, other than section 183-17, Hawaii Revised Statutes, shall be guilty of a petty misdemeanor. Decriminalizes traffic infractions within forest reserves and sets fine amounts. Repeals the general penalty provision of section 183-4, Hawaii Revised Statutes. Takes effect 12/31/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
