Report Title:

Conservation; forests

Description:

Establishes administrative penalties for violations of the forest reserve, water development, and zoning law. Increases and adds fines for timber trespass. (HB2395 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2395

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO PROTECTION OF FOREST RESERVES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 183, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§183- General administrative penalties, fines, costs. (a) Except as otherwise provided by law, the board or its authorized representative may, by any one or a combination of the following:

(1) Set, charge, and collect administrative fines;

(2) Recover administrative fees and costs as documented by receipts or affidavits, including attorney's fees and costs;

(3) Recover costs associated with land or habitat restoration; or

(4) Bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs,

resulting from a violation of this chapter or any rule adopted thereunder, or any license or permit issued pursuant to this chapter.

(b) The administrative fines shall be as follows:

(1) For a first violation, or any violation not preceded within a five-year period by a violation of chapter 183, a fine of not more than $2,500 per violation;

(2) For a second violation within five years of a previous violation, 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, a fine of not more than $10,000 per violation.

(c) In addition:

(1) A fine of up to $10,000 per violation of section 183-17 may be levied for each destroyed 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.

(d) Any criminal prosecution for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from bringing a civil legal action to recover additional administrative fines, fees, and costs, including attorney's fees and costs."

SECTION 2. Section 183-18, Hawaii Revised Statutes, is amended to read as follows:

"§183-18 [Penalty.] Criminal penalties. Any person who violates section 183-17, upon conviction thereof, is guilty of a misdemeanor and shall be fined not more than [$1,000] $2,000 or imprisoned not more than one year, or both[.]; provided that an additional fine of up to $2,000 shall be levied for each tree illegally taken under section 183-17."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.