HOUSE OF REPRESENTATIVES

H.B. NO.

2590

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

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,] may:

(1)  Set, charge, and collect administrative fines [and to recover];

(2)  Require the performance of natural resource-related community services;

(3)  Recover administrative fees and costs, including attorney's fees and costs[, or bring]; and

(4)  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] for 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) through (e), for any violation of chapters 187A through 190, or any rule adopted thereunder, the board may require the performance of natural resource-related community service under the supervision of a governmental agency, benevolent or charitable organization, or other community service group; provided that the person who performs the services shall not be deemed to be an employee of the governmental agency or assigned work site for any purpose.  The maximum number of hours of community service that the board may impose shall be:

     (1)  For a first violation, not more than one hundred hours;

     (2)  For a second violation within five years of a previous violation, not more than two hundred hours; and

     (3)  For a third or subsequent violation within five years of a previous violation, not more than three hundred hours.

     Any community service 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)  In addition to any other fines and penalties provided by this section, upon certification by the board of noncompliance with this section, the driver's license of a person who violates chapters 187A through 190 shall be suspended and any application for renewal, reinstatement, or reapplication shall be denied by the examiner of drivers.  Upon a finding by the board that a person has failed to pay any administrative fines, fees, costs, or damages or to 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 shall issue notice to the person of the board's intent to certify the person as noncompliant with administrative penalties imposed by the board.  As provided in subsection (h), the department shall direct the examiner of drivers to deny or suspend any driver's license or deny any application for renewal, reinstatement, or reactivation of any driver's license issued to the person.  The notice required by this section 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 a record exists, and the last known address of record of the person as shown in the records of the department;

     (2)  Identify the licenses subject to suspension, nonrenewal, nonreinstatement, nonreactivation, or denial;

     (3)  Include a copy of the board's determination or determinations 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 fines, fees, or costs or number of hours of natural resource-related community service left unpaid or unperformed by the person pursuant to the board's determination or determinations in paragraph (3);

     (5)  Include a statement that if the person pays the outstanding amount of fines, fees, or costs or performs the community service 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)  Include a statement that the person may contest the suspension, nonrenewal, nonreinstatement, nonreactivation, or denial of a license by requesting a hearing in writing within thirty days of the mailing date of the notice of intent to suspend or not renew, reinstate, or reactivate, or otherwise deny the license; and

     (7)  Include a statement that if the person makes a timely request for a hearing as specified in paragraph (6), the board shall stay the certification action until a decision on that request is made.

     For the purposes of this subsection and subsection (h), the date of issuance of a notification 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)  If a person notified pursuant to subsection (g):

     (1)  Fails to pay the outstanding administrative fines, fees, or costs, or fails to perform the 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 appear at the hearing or fails to successfully contest the notice at the hearing,

the board shall issue written certification to the examiner of drivers that the person has failed to pay an outstanding administrative fine, fee, or costs or perform natural resource-related community service imposed by the board and shall direct the immediate suspension, nonrenewal, nonreinstatement, nonreactivation, or denial of any driver's license held or applied for by the person.  The board shall provide a copy of the certification to the person by regular mail to the address or addresses described in paragraph (g)(1).  Notwithstanding any other provision of law 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, nonreinstatement, nonreactivation, or denial.  Notwithstanding 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 shall continue in effect until the examiner of drivers receives a written release from the board.

     (i)  Upon the complete payment or performance by a person subject to certification under subsection (h) of all administrative penalties imposed by the board and approval of the board, the department shall provide the person with written confirmation of payment or performance and shall 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 the 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 to implement this section.  The examiner of drivers may adopt rules pursuant to chapter 91 to implement and administer 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 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 on January 7, 2059.


 


 

Report Title:

Aquatic Resource Violations

 

Description:

Provides for natural resource-related community service administrative penalty alternatives and an enhanced collection mechanism for outstanding fines and penalties resulting from aquatic resource violations.  Effective January 7, 2059.  (HB2590 HD2)

 

 

 

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