THE SENATE

S.B. NO.

470

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO KAHO‘OLAWE ISLAND RESERVE.

 

 

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

 


     SECTION 1.  The Hawaii supreme court, in Carlisle v. One (1) Boat, overturned an intermediate court of appeals decision that allowed non-natural resource forfeiture in cases of natural resource destruction or degradation.  According to the decision, the penalty provisions for violations of laws or administrative rules relating to resource protection, which would include those of the Kaho‘olawe island reserve commission, must specifically authorize forfeiture.

     The purpose of this Act is to clarify that any equipment, article, instrument, aircraft, vehicle, vessel, business record, or natural resource used or taken in violation of laws or rules applicable to the Kaho‘olawe island reserve may be seized and subject to forfeiture pursuant to section 199-7 and chapter 712A, Hawaii Revised Statutes, if the offense occurs within one nautical mile of the shoreline of Kaho‘olawe island, subject to rules adopted by the department.

     SECTION 2.  Section 6K-8, Hawaii Revised Statutes, is amended to read as follows:

     "§6K-8  Penalty[.]; offenses subject to forfeiture.  (a)  Any person who violates any of the laws or rules applicable to the island reserve shall be guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both, for each offense.  Each day of each violation shall be deemed a separate offense.

     (b)  Property or natural resources used or taken in violation of this chapter or rules adopted by the department or the commission may be subject to seizure, disposal, and forfeiture in accordance with section 199-7 and the procedures under chapter 712A; provided that the offense occurs within the fast lands of the reserve or by persons or on vessels located in the area extending seaward one nautical mile of the shoreline of Kaho‘olawe island.

     (c)  The department shall adopt rules, pursuant to chapter 91, to effectuate the purposes of this section."

     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  Statutory material to be repealed is bracketed and stricken.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 on July 1, 2050.


 


 

Report Title:

Kaho‘olawe Island Reserve; Forfeiture; Seizure; Disposal

 

Description:

Clarifies that property or natural resources used or taken in violation of laws or rules pertaining to Kaho‘olawe island may be subject to seizure, disposal, and forfeiture in accordance with existing law if the offense occurs within the fast lands of the reserve or by persons or on vessels located in the area extending seaward one nautical mile of the shoreline of Kaho‘olawe island.  Takes effect on 7/1/2050.  (SD1)

 

 

 

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