REPORT TITLE:
Graffiti Disclosure


DESCRIPTION:
Persons under age 21 convicted of the act of graffiti and who do
not have a drivers license shall not be allowed to obtain one for
at least one year or until age 21, whichever is greater.  If a
person under 21 already has a license, the license will be
suspended for one year or until age 21, whichever is greater.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1186
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PROPERTY DAMAGE. 


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

 1      SECTION 1.  Chapter 286, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "286-    Graffiti; driver's license suspension or denial of
 
 5 application.  Notwithstanding any law to the contrary, any person
 
 6 over age seventeen who commits an act of property damage
 
 7 constituting graffitti as defined in section 577-3.5 and who does
 
 8 not possess a valid driver's license or permit issued by this
 
 9 State or any other state, shall not be eligible to apply for a
 
10 license or permit to operate a motor vehicle in this State for
 
11 one year, or until attaining the age of twenty-one, whichever is
 
12 greater.
 
13      If a person over age seventeen who commits an act of
 
14 property damage constituting graffiti as defined in section
 
15 577-3.5, already possesses a valid driver's license or permit
 
16 issued by this State or any other state, the license or permit
 
17 shall be suspended for one year, or until the person who
 
18 committed the act of property damage attains the age of
 
19 twenty-one, whichever is greater."
 

 
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 1      SECTION 2.  Chapter 577, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "577-    Property damage; driver's license suspension or
 
 5 denial of application.  Notwithstanding any law to the contrary,
 
 6 any minor who is found under chapter 571 to have committed the
 
 7 act of property damage constituting graffiti as defined in
 
 8 section 577-3.5, and who does not possess a valid driver's
 
 9 license or permit issued by this State or any other state, shall
 
10 not be eligible to apply for a license or permit to operate a
 
11 motor vehicle in this State until attaining the age of twenty-
 
12 one.
 
13      If a minor who is found under chapter 571 to have committed
 
14 the act of property damage constituting graffiti as defined in
 
15 section 577-3.5, already possesses a valid driver's license or
 
16 permit issued by this State or any other state, the license or
 
17 permit shall be suspended until the person who committed the act
 
18 of property damage attains the age of twenty-one."
 
19      SECTION 3.  Section 46-1.5, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "46-1.5  General powers and limitation of the counties.
 
22 Subject to general law, each county shall have the following
 
23 powers and shall be subject to the following liabilities and
 
24 limitations:
 

 
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 1      (1)  Each county shall have the power to frame and adopt a
 
 2           charter for its own self-government, which shall
 
 3           establish the county executive, administrative, and
 
 4           legislative structure and organization, including, but
 
 5           not limited to, the method of appointment or election
 
 6           of officials, their duties, responsibilities, and
 
 7           compensation, and the terms of their office.
 
 8      (2)  Each county shall have the power to provide for and
 
 9           regulate the marking and lighting of all buildings and
 
10           other structures that may be obstructions or hazards to
 
11           aerial navigation, so far as may be necessary or proper
 
12           for the protection and safeguarding of life, health,
 
13           and property.
 
14      (3)  Each county shall have the power to enforce all claims
 
15           on behalf of the county and approve all lawful claims
 
16           against the county, but shall be prohibited from
 
17           entering into, granting, or making in any manner any
 
18           contract, authorization, allowance payment, or
 
19           liability contrary to the provisions of any county
 
20           charter or general law.
 
21      (4)  Each county shall have the power to make contracts and
 
22           to do all things necessary and proper to carry into
 
23           execution all powers vested in the county or any county
 
24           officer.
 

 
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 1      (5)  Each county shall have the power to maintain channels,
 
 2           whether natural or artificial, including their exits to
 
 3           the ocean, in suitable condition to carry off storm
 
 4           waters; and to remove from the channels, and from the
 
 5           shores and beaches, any debris that is likely to create
 
 6           an unsanitary condition or become a public nuisance;
 
 7           provided that, to the extent any of the foregoing work
 
 8           is a private responsibility, the responsibility may be
 
 9           enforced by the county in lieu of the work being done
 
10           at public expense.  Counties also shall have the power
 
11           to construct, acquire by gift, purchase, or by the
 
12           exercise of eminent domain, reconstruct, improve,
 
13           better, extend, and maintain projects or undertakings
 
14           for the control of and protection against floods and
 
15           flood waters, including the power to drain and
 
16           rehabilitate lands already flooded, and to enact zoning
 
17           ordinances providing that lands deemed subject to
 
18           seasonable, periodic, or occasional flooding shall not
 
19           be used for residence or other purposes in a manner as
 
20           to endanger the health or safety of the occupants
 
21           thereof, as required by the Federal Flood Insurance Act
 
22           of 1956 (chapter 1025, Public Law 1016).
 
23      (6)  Each county shall have the power to exercise the power
 

 
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 1           of condemnation by eminent domain when it is in the
 
 2           public interest to do so.
 
 3      (7)  Each county shall have the power to exercise regulatory
 
 4           powers over business activity as are assigned to them
 
 5           by chapter 445 or other general law.
 
 6      (8)  Each county shall have the power to fix the fees and
 
 7           charges for all official services not otherwise
 
 8           provided for.
 
 9      (9)  Each county shall have the power to provide by
 
10           ordinance for the improvement or maintenance
 
11           assessments of districts within the county.
 
12     (10)  Except as otherwise provided, no county shall have the
 
13           power to give or loan credit to, or in aid of, any
 
14           person or corporation, directly or indirectly, except
 
15           for a public purpose.
 
16     (11)  Where not within the jurisdiction of the public
 
17           utilities commission, each county shall have the power
 
18           to regulate by ordinance the operation of motor vehicle
 
19           common carriers transporting passengers within the
 
20           county and adopt and amend rules the county deems
 
21           necessary for the public convenience and necessity.
 
22     (12)  Each county shall have the power to enact and enforce
 
23           ordinances necessary to prevent or summarily remove
 

 
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 1           public nuisances and to compel the clearing or removal
 
 2           of any public nuisance, refuse, and uncultivated
 
 3           undergrowth from streets, sidewalks, public places, and
 
 4           unoccupied lots, and in these connections, to impose
 
 5           and enforce liens upon the property for the cost to the
 
 6           county of removing and completing the necessary work
 
 7           where the owners fail, after reasonable notice, to
 
 8           comply with the ordinances.  The authority provided by
 
 9           this paragraph shall not be self-executing, but shall
 
10           become fully effective within a county only upon the
 
11           enactment or adoption by the county of appropriate and
 
12           particular laws, ordinances, or rules defining "public
 
13           nuisances" with respect to each county's respective
 
14           circumstances.  The counties shall provide the property
 
15           owner with the opportunity to contest the summary
 
16           action and to recover the owner's property.
 
17     (13)  Each county shall have the power to enact ordinances
 
18           deemed necessary to protect health, life, and property,
 
19           and to preserve the order and security of the county
 
20           and its inhabitants on any subject or matter not
 
21           inconsistent with, or tending to defeat, the intent of
 
22           any state statute, provided also that the statute does
 
23           not disclose an express or implied intent that the
 

 
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 1           statute shall be exclusive or uniform throughout the
 
 2           State.
 
 3     (14)  Each county shall have the power to make and enforce
 
 4           within the limits of the county all necessary
 
 5           ordinances covering:  all local police matters; all
 
 6           matters of sanitation; all matters of inspection of
 
 7           buildings; all matters of condemnation of unsafe
 
 8           structures, plumbing, sewers, dairies, milk, fish, and
 
 9           morgues; all matters of the collection and disposition
 
10           of rubbish and garbage; and to provide exemptions for
 
11           homeless facilities and any other program for the
 
12           homeless authorized by chapter 201G, for all matters
 
13           under this paragraph; and to appoint county physicians
 
14           and sanitary and other inspectors as necessary to carry
 
15           into effect ordinances made under this paragraph, who
 
16           shall have the same power as given by law to agents of
 
17           the department of health, subject only to limitations
 
18           placed on them by the terms and conditions of their
 
19           appointments; and to fix a penalty for the violation of
 
20           any ordinance, which penalty may be a misdemeanor,
 
21           petty misdemeanor, or violation as defined by general
 
22           law.
 
23     (15)  Each county shall have the power to provide public
 

 
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 1           pounds, to regulate the impounding of stray animals and
 
 2           fowl, and their disposition, and to provide for the
 
 3           appointment, powers, duties, and fees of animal control
 
 4           officers.
 
 5     (16)  Each county shall have the power to purchase and
 
 6           otherwise acquire, lease, and hold real and personal
 
 7           property within the defined boundaries of the county
 
 8           and to dispose of the real and personal property as the
 
 9           interests of the inhabitants of the county may require,
 
10           except that:  any property held for school purposes may
 
11           not be disposed of without the consent of the
 
12           superintendent of education; no property bordering the
 
13           ocean shall be sold or otherwise disposed of; and all
 
14           proceeds from the sale of park lands shall be expended
 
15           only for the acquisition of property for park or
 
16           recreational purposes.
 
17     (17)  Each county shall have the power to provide by charter
 
18           for the prosecution of all offenses and to prosecute
 
19           for offenses against the laws of the State under the
 
20           authority of the attorney general of the State.
 
21     (18)  Each county shall have the power to make appropriations
 
22           in amounts deemed appropriate from any moneys in the
 
23           treasury, for the purpose of community promotion and
 

 
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 1           public celebrations, the entertainment of distinguished
 
 2           persons as may from time to time visit the county, for
 
 3           the entertainment of other distinguished persons as
 
 4           well as public officials when deemed to be in the best
 
 5           interest of the community, and the rendering of civic
 
 6           tribute to individuals who, by virtue of their
 
 7           accomplishments and community service, merit civic
 
 8           commendations, recognition, or remembrance.
 
 9     (19)  Each county shall have the power to:
 
10           (A)  Construct, purchase, take on lease, lease,
 
11                sublease, or in any other manner acquire, manage,
 
12                maintain, or dispose of buildings for county
 
13                purposes, sewers, sewer systems, pumping stations,
 
14                waterworks, including reservoirs, wells,
 
15                pipelines, and other conduits for distributing
 
16                water to the public, lighting plants, and
 
17                apparatus and appliances for lighting streets and
 
18                public buildings and manage, regulate, and control
 
19                the same;
 
20           (B)  Regulate and control the location and quality of
 
21                all appliances necessary to the furnishing of
 
22                water, heat, light, power, telephonic, and
 
23                telegraphic service to the county;
 

 
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 1           (C)  Acquire, regulate, and control any and all
 
 2                appliances for the sprinkling and cleaning of the
 
 3                streets and the public ways and for flushing the
 
 4                sewers; and
 
 5           (D)  Open, close, construct, or maintain county
 
 6                highways or charge toll on county highways;
 
 7                provided that all revenues received from a toll
 
 8                charge shall be used for the construction or
 
 9                maintenance of county highways.
 
10     (20)  Each county shall have the power to regulate the
 
11           renting, subletting, and rental conditions of property
 
12           for places of abode by ordinance.
 
13     (21)  Unless otherwise provided by law, each county shall
 
14           have the power to establish by ordinance the order of
 
15           succession of county officials in the event of a
 
16           military or civil disaster.
 
17     (22)  Each county shall have the power to sue and be sued in
 
18           its corporate name.
 
19     (23)  Each county shall have the power to establish and
 
20           maintain waterworks and sewer works; to collect rates
 
21           for water supplied to consumers and for the use of
 
22           sewers; to install water meters whenever deemed
 
23           expedient; provided that owners of premises having
 

 
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 1           vested water rights under existing laws appurtenant to
 
 2           the premises shall not be charged for the installation
 
 3           or use of the water meters on the premises; to take
 
 4           over from the State existing waterworks systems,
 
 5           including water rights, pipelines, and other
 
 6           appurtenances belonging thereto, and sewer systems, and
 
 7           to enlarge, develop, and improve the same.
 
 8     (24)  (A)  Each county may impose civil fines, in addition to
 
 9                criminal penalties, for any violation of county
 
10                ordinances or rules after reasonable notice and
 
11                requests to correct or cease the violation have
 
12                been made upon the violator.  Any administratively
 
13                imposed civil fine shall not be collected until
 
14                after an opportunity for a hearing under chapter
 
15                91.  Any appeal shall be filed within thirty days
 
16                from the date of the final written decision.
 
17                These proceedings shall not be a prerequisite for
 
18                any civil fine or injunctive relief ordered by the
 
19                circuit court.
 
20           (B)  Each county by ordinance may provide for the
 
21                addition of any unpaid civil fines, ordered by any
 
22                court of competent jurisdiction, to any taxes,
 
23                fees, or charges, with the exception of fees or
 

 
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 1                charges for water for residential use and sewer
 
 2                charges collected by the county.  Each county by
 
 3                ordinance may also provide for the addition of any
 
 4                unpaid administratively imposed civil fines, which
 
 5                remain due after all judicial review rights under
 
 6                section 91-14 are exhausted, to any taxes, fees,
 
 7                or charges, with the exception of water for
 
 8                residential use and sewer charges, collected by
 
 9                the county.  The ordinance shall specify the
 
10                administrative procedures for the addition of the
 
11                unpaid civil fines to the eligible taxes, fees, or
 
12                charges and may require hearings or other
 
13                proceedings.  After the unpaid civil fines are
 
14                added to the taxes, fees, or charges as specified
 
15                by county ordinance, the unpaid civil fines shall
 
16                be deemed immediately due, owing and delinquent
 
17                and may be collected in the same manner as the
 
18                taxes, fees, or charges.  The procedure for
 
19                collection of unpaid civil fines authorized in
 
20                this paragraph shall be in addition to any other
 
21                procedures for collection available to the State
 
22                and county by law or rules of the courts.
 
23           (C)  Each county may impose civil fines upon any person
 

 
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 1                who places graffiti on any real or personal
 
 2                property owned, managed, or maintained by the
 
 3                county.  The fine may be up to $1,000 or may be
 
 4                equal to the actual cost of having the damaged
 
 5                property repaired or replaced.  The parent or
 
 6                guardian having custody of a minor who places
 
 7                graffiti on any real or personal property owned,
 
 8                managed, or maintained by the county shall be
 
 9                jointly and severally liable with the minor for
 
10                any civil fines imposed hereunder.  Any such fine
 
11                may be administratively imposed after an
 
12                opportunity for a hearing under chapter 91, but
 
13                such a proceeding shall not be a prerequisite for
 
14                any civil fine ordered by any court.
 
15                     As used in this subparagraph, "graffiti"
 
16                means any unauthorized drawing, inscription,
 
17                figure, etching, or mark of any type intentionally
 
18                created by a sharp object, paint, ink, chalk, dye,
 
19                or similar [substances.] object or substance.
 
20           (D)  At the completion of an appeal in which the
 
21                county's enforcement action is affirmed and upon
 
22                correction of the violation if requested by the
 
23                violator, the case will be reviewed by the county
 

 
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 1                agency that imposed the civil fines to determine
 
 2                the appropriateness of the amount of the civil
 
 3                fines that accrued while the appeal proceedings
 
 4                were pending.  In its review of the amount of the
 
 5                accrued fines, the county agency may consider the
 
 6                following:  nature and egregiousness of the
 
 7                violation, duration of the violation, number of
 
 8                recurring and other similar violations, effort
 
 9                taken by the violator to correct the violation,
 
10                degree of involvement in causing or continuing the
 
11                violation, reasons for any delay in the completion
 
12                of the appeal, and other extenuating
 
13                circumstances.  The civil fine which is imposed by
 
14                administrative order after this review is
 
15                completed and the violation is corrected is
 
16                subject to only judicial review, notwithstanding
 
17                any provisions for administrative review in county
 
18                charters.
 
19           (E)  After completion of a review of the amount of
 
20                accrued civil fine by the county agency which
 
21                imposed the fine, the amount of the civil fine
 
22                determined appropriate, including both the initial
 
23                civil fine and any accrued daily civil fine, shall
 

 
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 1                immediately become due and collectible following
 
 2                reasonable notice to the violator.  If no review
 
 3                of the accrued civil fine is requested, the amount
 
 4                of the civil fine, not to exceed the total accrual
 
 5                of civil fine prior to correcting the violation,
 
 6                shall immediately become due and collectible
 
 7                following reasonable notice to the violator, at
 
 8                the completion of all appeal proceedings.
 
 9           (F)  If no county agency exists to conduct appeal
 
10                proceedings for a particular civil fine action
 
11                taken by the county, then one shall be established
 
12                by ordinance before the county shall impose that
 
13                civil fine.
 
14     (25)  Any law to the contrary notwithstanding, any county
 
15           mayor may exempt by executive order donors, provider
 
16           agencies, homeless facilities, and any other program
 
17           for the homeless under chapter 201G from real property
 
18           taxes, water and sewer development fees, rates
 
19           collected for water supplied to consumers and for use
 
20           of sewers, and any other county taxes, charges, or
 
21           fees; provided that any county may enact ordinances to
 
22           regulate and grant the exemptions granted by this
 
23           paragraph."
 

 
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 1      SECTION 4.  Section 577-3.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  The parents or legal guardians of a minor child shall
 
 4 be jointly and severally liable for graffiti damage caused by the
 
 5 minor to real or personal property, whether publicly or privately
 
 6 owned.  As used in this section, "graffiti" means any
 
 7 unauthorized drawing, inscription, figure, etching, or marking
 
 8 created by a sharp object, paint, ink, chalk, dye, or similar
 
 9 [substances.] object or substance."
 
10      SECTION 5.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 6.  This Act shall take effect on July 1, 1999.