THE SENATE

S.B. NO.

2378

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO graffiti.

 

 

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

 


     SECTION 1.  Section 103-8.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  There is created a works of art special fund, into which shall be transferred [one]:

     (1)  One per cent of all state fund appropriations for capital improvements designated for the construction cost element; provided that this transfer shall apply only to capital improvement appropriations that are designated for the construction or renovation of state buildings.  The one per cent transfer requirement shall not apply to appropriations from the passenger facility charge special fund established by section 261-5.5 and the rental motor vehicle customer facility charge special fund established under section 261-5.6[.]; and

     (2)  Any fines from sentences that may be imposed for graffiti offenses pursuant to section 708-821, 708-822, 708-823, or 708-823.5.

     (b)  The works of art special fund shall be used solely for the following purposes:

     (1)  In the case of the one per cent of all state fund appropriations for capital improvements designated for the construction cost element:

        [(1)(A)  Costs related to the acquisition of works of art, including any consultant or staff services required to carry out the art in public places and relocatable works of art programs;

        [(2)(B)  Site modifications, display, and interpretive work necessary for the exhibition of works of art;

        [(3)(C)  Upkeep services, including maintenance, repair, and restoration of works of art; and

        [(4)(D)  Storing and transporting works of art[.]; and

     (2)  In the case of fines imposed for graffiti offenses under subsection (a)(2), assisting organizations that work with graffiti artists to engage in positive art activities and programs."

     SECTION 2.  Section 708-823.6, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  Whenever a person is sentenced under section 708-821, 708-822, 708-823, or 708-823.5 for an offense in which the damage is caused by graffiti, in addition to any penalty prescribed by those sections, the person shall be required to:

    (a)   Remove the graffiti from the damaged property within thirty days of sentencing, if it has not already been removed and where consent from the respective property owner or owners has been obtained; and

    (b)   For a period of time not to exceed two years from the date of sentencing, along with any other person or persons who may be sentenced under this section for the same property, perform community service removing, within fourteen days, any graffiti applied to other property within two hundred fifty yards of the site of the offense for which the person was sentenced, where consent from the respective property owner or owners has been obtained, even if the property was damaged by another person;

provided that removal of graffiti shall not place the person or others in physical danger nor inconvenience the public[.]; provided further that any fines imposed as a sentence shall be deposited into the works of art special fund under section 103-8.5."

     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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Graffiti; Sentencing; Fines; Works of Art Special Fund

 

Description:

Requires fines imposed for graffiti sentences be deposited into the works of art special fund to be used to assist organizations that work with graffiti artists to engage in positive art activities and programs.

 

 

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