SB2926 SD1

THE SENATE	S.B. NO.	2926
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PUBLIC LANDS.

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

SECTION 1. The legislature finds that the use and operation of motorcycles, all terrain vehicles, dune buggies, and dirt bikes is prohibited on unencumbered state land, state parks, forest reserves, and public hunting areas. All motorized vehicles are prohibited from operating on beaches, through vegetation, or on any other area that is not a designated roadway. The use and operation of these vehicles has the potential to desecrate sacred burial grounds, further threaten already endangered species, and harm the natural ecosystem on public lands. However, many people have expressed concerns about the ongoing use of off-road vehicles in Hawaii's most sensitive areas.

It is the purpose of this Act to prohibit operation of a motor vehicle on land governed by chapter 171, Hawaii Revised Statutes, except on roads, trails, or tracks designated or provided by the department for vehicular use. This Act makes violation of the prohibition a petty misdemeanor and imposes mandatory fines.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171- Prohibitions involving motor vehicles. (a) No person shall operate a motor vehicle on land governed by this chapter except on roads, trails, or tracks designated or provided by the department for vehicular use. Any person found guilty of a violation of Chapter 171 or any rules adopted hereunder shall be guilty of a petty misdemeanor and shall be sentenced as follows:

(1) For a first offense, by a mandatory fine of not less that $500 or imprisonment of not more than thirty days, or both;

(2) For a second offense within five years of a previous conviction under this section, by a mandatory fine of not less that $1,000 or imprisonment of not more than thirty days, or both; and

(3) For a third or subsequent offense within five years of a second conviction under this section, by a mandatory fine of not less than $2,000 or imprisonment of not more than thirty days, or both.

(b) Any criminal action against a person for any violation under this section shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against the person. Any civil legal action against a person to recover administrative fines and costs for any violation of chapter 171 and rules adopted thereunder shall not be deemed to preclude the State from pursing any criminal action against that person pursuant to this section.

(c) For purposes of this section, "motor vehicle" means every vehicle that is self-propelled, or propelled by electric power but not operated on rails, including but not limited to automobiles, trucks, go-carts, motorcycles, motor scooters, mopeds, all-terrain vehicles, and dune buggies whether the vehicle is licensed or unlicensed."

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. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.