Bill Text: HI HB2590 | 2012 | Regular Session | Introduced
Bill Title: Aquatic Resource Violations
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-01 - (H) The committee(s) on FIN recommend(s) that the measure be deferred. [HB2590 Detail]
Download: Hawaii-2012-HB2590-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2590 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AQUATIC RESOURCE VIOLATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 187A-12.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§187A-12.5[]]
General administrative penalties. (a) Except as otherwise provided by
law, the board is authorized to set, charge, and collect administrative fines,
to require the performance of natural resource related community services,
and to recover administrative fees and costs, including attorney's fees and
costs, or bring legal action to recover administrative fines, fees, and costs,
including attorney's fees and costs, or payment for damages or for the cost to
correct damages resulting from a violation of [subtitle 5 of title 12] chapters
187A through 190, or any rule adopted thereunder.
(b) For violations involving threatened or endangered species, the administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $5,000;
(2) For a second violation within five years of a previous violation, a fine of not more than $10,000; and
(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $15,000.
(c) For all other violations the administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $1,000;
(2) For a second violation within five years of a previous violation, a fine of not more than $2,000; and
(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $3,000.
(d) In addition
to subsection (b), a fine of up to $5,000 may be levied for each specimen of
threatened or endangered aquatic life taken, killed, or injured in violation of
[subtitle 5 of title 12] chapters 187A through 190, or any rule
adopted thereunder.
(e) In addition
to subsection (c), a fine of up to $1,000 may be levied for each specimen of
all other aquatic life taken, killed, or injured in violation of [subtitle 5
of title 12] chapters 187A through 190, or any rule adopted
thereunder.
(f) In addition to, or in lieu of, the administrative fines listed in subsections (b) to (e), for any violation of chapters 187A through 190, or any rule adopted thereunder, the board may further require the performance of natural resource related community services under the supervision of a governmental agency, or benevolent or charitable organization, or other community service group, provided that the person who performs such services shall not be deemed to be an employee of the governmental agency or assigned work site for any purpose. The maximum amount of hours of service that the board may impose is as follows:
(1) For a first violation, up to one hundred hours;
(2) For a second violation within five years of a previous violation, up to two hundred hours; and
(3) For a third or subsequent violation within five years of a previous violation, up to three hundred hours.
Any services imposed under this subsection shall be performed during a time that does not directly interfere with the performing person's school attendance or employment.
(g) Upon a finding by the board that a person has failed to pay any administrative fines, fees, costs, or damages or complete performance of any natural resource related community service imposed by the board, and that the individual is the holder of or an applicant for a driver's license issued by a licensing authority in the State, the board may issue notice to the person of the board's intent to certify the person as noncompliant with administrative penalties imposed by the board, the department shall direct the examiner of drivers to deny or suspend any driver's license, or deny any application for renewal or reinstatement or reactivation of any driver's license issued to such person, and the notice shall:
(1) Be sent by regular mail to both the last known address of record of the person as shown in the records of the licensing authority, if such record exists, and the last known address of record of the person as shown in the records of the department;
(2) Contain the identification of any licenses subject to suspension, nonrenewal, nonreinstatement, or denial;
(3) Contain a copy of the board determination or determinations resulting from setting or charging any administrative fines, fees, costs, or natural resource related community service to be paid or performed by the person;
(4) Specify the amount of money or number of hours of natural resource related community service left to be paid or performed by the person pursuant to the board's determination or determinations in paragraph (3);
(5) Contain a statement that if the person satisfies the outstanding payment or services indicated in paragraph (4) within thirty days of the mailing date of the notice of intent, the board shall not pursue the certification action;
(6) Contain a statement that the person may contest the suspension, nonrenewal, nonreactivation, or denial of a license by requesting a hearing in writing within thirty days of the date of issuance of the notice of intent to suspend, not reactivate or otherwise deny the license; and
(7) Contain a statement that if the person makes a timely request as specified in paragraph (6), the board shall stay the certification action until a decision is made.
For the purposes of this subsection and subsection (h), the date of issuance shall be two days following the date of mailing of the notice of intent to certify. Board action under this subsection shall not preclude the board from pursuing other legal action to collect outstanding fines or fees as authorized by law.
(h) The board shall certify in writing to the examiner of drivers that a person notified pursuant to subsection (g) has failed to pay or perform any administrative fine, fee, natural resource related community service, or costs imposed by the board, and shall authorize the immediate suspension, nonrenewal, nonreactivation, or denial of any driver's license held or applied for by the person if the person:
(1) Fails to satisfy the outstanding administrative fines, fees, costs, or natural resource related community service within thirty days of the date of mailing of the notice of intent to certify;
(2) Fails to contact the agency in writing within thirty days of the date of mailing of the notice requesting a hearing to contest the certification; or
(3) Fails to successfully contest the notice after being provided with such a hearing.
The board shall provide a copy of the certification to the person by regular mail to the address or addresses described in subsection (g)(1). Notwithstanding any other provision affecting the status of a person's driver's license, upon receipt of the certification, the examiner of drivers shall suspend any driver's license that the person holds or deny any driver's license for which the person applies without further review or hearing concerning the suspension, nonrenewal, nonreactivation, or denial. Notwithstanding the provisions of any other law setting terms of suspension, revocation, denial, termination, renewal, reinstatement, or reactivation of a driver's license, a certification issued by the board suspending, not renewing, not reinstating, not reactivating, or denying a driver's license shall be implemented by the examiner of drivers and continue in effect until the examiner of drivers receives a written release from the board.
(i) Upon the complete payment or performance of all administrative penalties imposed by the board by a person subject to certification under subsection (h), upon approval by the board, the department shall provide the person with written confirmation of the payment or performance, and issue a written release canceling the certification in writing to the examiner of drivers.
(j) If a driver's license is suspended or denied under this section, the examiner of drivers may charge a fee for reinstating a driver's license, and any funds paid by the individual to the examiner of drivers shall not be refunded. The examiner of drivers may also charge the individual a reasonable fee to cover the administrative costs incurred in complying with this section.
(k) The board may delegate to a hearings officer or officers its authority to take any action or render any decision under this section, including its final decision-making power in any contested case proceeding requested pursuant to chapter 91.
(l) The board may adopt rules pursuant to chapter 91 necessary for the implementation of this section. The examiner of drivers may adopt rules pursuant to chapter 91 for the implementation and administration of this section.
[(f)] (m)
Any criminal penalty for any violation of [subtitle 5 of title 12] chapters
187A through 190, 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[.]; or imposing natural
resource related community service."
SECTION 2. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) In addition to other qualifications and
conditions by or pursuant to this part, the right of an individual to hold a
motor vehicle operator's license or permit issued by the county is subject to
the requirements of section 576D‑13[.], and compliance with the
terms of administrative penalties as imposed by the board of land and natural
resources pursuant to section 187A-12.5.
Upon receipt of certification from the child support enforcement agency pursuant to section 576D-13 that an obligor or individual who owns or operates a motor vehicle is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, the examiner of drivers shall suspend the license and right to operate motor vehicles and confiscate the license of the obligor. The examiner of drivers shall not reinstate an obligor's or individual's license until the child support enforcement agency, the office of child support hearings, or the family court issues an authorization that states the obligor or individual is in compliance with an order of support or has complied with a subpoena or warrant relating to a paternity or child support hearing.
Upon receipt of certification from the board of land and natural resources pursuant to section 187A-12.5 that a person has failed to comply with administrative penalties imposed by the board of land and natural resources, the examiner of drivers shall deny or suspend any license to operate motor vehicles and confiscate any license issued to the person. The examiner of drivers shall not reinstate a person's license until the board of land and natural resources issues a release canceling the certification pursuant to section 187A-12.5.
The licensing authority may adopt rules pursuant to chapter 91 to implement and enforce the requirements 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 upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Aquatic Resource Violations
Description:
Provides for transformative administrative penalty alternatives and an enhanced collection mechanism for outstanding fines and penalties resulting from aquatic resource violations.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
