HOUSE OF REPRESENTATIVES

H.B. NO.

893

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to private attorney general.

 

 

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

 


     SECTION 1.  Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§6E-     Civil suits by individuals.  (a)  Any person injured by a violation of this chapter may act as a private attorney general and may bring a civil action against any person or entity, including partnerships, corporations, associations; public or private organizations; the State, any county, or any agency thereof, who violates this chapter.

     (b)  No action under this section shall be commenced:

     (1)  Prior to thirty days after the person injured has given notice of the violation to:

         (A)  The board of land and natural resources, the attorney general, or both; and

         (B)  Any alleged violator of the applicable law; and

     (2)  More than two years after the claim accrued unless the violation is part of a continuing violation or pattern of violations.

     (c)  The circuit court in the judicial circuit in which the violation occurs shall have jurisdiction to:

     (1)  Enforce the requirements of the applicable law; and

     (2)  Apply any appropriate civil penalties.

     (d)  The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorney's and expert witness' fees, to any prevailing or substantially prevailing plaintiff.

     (e)  Nothing in this section shall restrict any alternative right that a person may have to seek enforcement or damages.  The civil penalties imposed by this part are in addition to, and not in lieu of, any civil, administrative, or criminal penalties provided by law, including injunctive relief under section 6E-13.

     (f)  Any person or entity violating this chapter shall be fined, pursuant to action brought under this section, not less than $500 and not more than $10,000 for each separate violation.  Each day a violation exists constitutes a separate violation.  If the violator directly or indirectly has caused the loss of, or damage to, any historic property or burial site, the violator shall be fined an additional amount determined by the court to be equivalent to the value of the lost or damaged historic property or burial site.

     (g)  Penalties received shall be distributed as follows:

     (1)  Seventy-five per cent of the penalties received shall be deposited into the Hawaii historic preservation special fund; and

     (2)  Twenty-five per cent of the penalties received shall be awarded to the injured person who is bringing the civil action.

The court, in its discretion, may order that the defendant provide funding for beneficial mitigation, restoration, management, education, or protection projects that enhance historic preservation instead of civil penalties."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Private Attorney General; Historic Preservation

 

Description:

Authorizes an individual to act as a private attorney general with the powers to enforce violations of the Hawaii historic preservation program by bringing a civil action against a violator.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.