Report Title:
Conservation; Forests
Description:
Establishes general administrative penalties for violations under chapter 183. Increases fines for timber trespass. (SD2)
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THE SENATE |
S.B. NO. |
2358 |
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TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 2 |
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STATE OF HAWAII |
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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. (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 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, 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 two violations, a fine of not more than $10,000 per violation.
(c) A fine of up to $2,000 per violation may be levied for each destroyed or harvested tree or plant, or portion thereof, other than koa, larger than six inches in diameter at ground level.
(d) A fine of up to $10,000 per violation may be levied for each destroyed or harvested koa tree, or portion thereof, larger than six inches in diameter at ground level.
(e) Any criminal prosecution for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from recovering additional administrative fines, fees, and costs, including attorney's fees and costs.
(f) Fines under this section shall not be imposed on persons exercising native Hawaiian gathering rights or traditional cultural practices.
(g) The department shall submit an annual report outlining the revenues generated by the penalties to the legislature at least twenty days before each regular session."
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. 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."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
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.