Report Title:
Conservation District Penalties
Description:
Increases the maximum penalty for violations within the Conservation District and authorizes the Board of Land and Natural Resources to assess fines based on damages to natural resources within the Conservation District.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
3177 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PENALTIES FOR VIOLATIONS WITHIN THE CONSERVATION DISTRICT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 183C-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any person violating this
chapter or any rule adopted in accordance with this chapter shall be fined not
more than [$2,000] $10,000 per violation in addition to
administrative costs [and], costs associated with land or habitat
restoration, [or both, if required,] and damages to [state] public
land[.] or natural resources, or any combination thereof. After
written or verbal notification from the department, wilful violation of this [section]
chapter or any rule adopted in accordance with this chapter may incur an
additional fine of up to [$2,000] $10,000 per day per violation
for each day in which the violation persists. The board may set, charge, and collect the fine based on the
value of the natural resource that is damaged, the market value of the natural
resource damaged, and any other factor it deems appropriate, such as the loss
of the natural resource to its natural habitat and environment and the cost of
restoration or replacement. The remedies provided for in this paragraph are
cumulative and in addition to any other remedies allowed by law."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |