THE SENATE

S.B. NO.

470

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to kahoolawe 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 substantive offense provisions of administrative rules relating to resource protection, which would include those of the Kahoolawe 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 the rules applicable to the Kahoolawe island reserve may be seized and subject to forfeiture pursuant to section 199-7 and chapter 712A, Hawaii Revised Statutes.

     SECTION 2.  Chapter 6K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§6K-     Offenses subject to forfeiture.  (a)  Property or natural resources used or taken in violation of the provisions of chapter 6K or rules adopted thereunder that establish the following offenses, committed without the consent of the commission or its authorized representative, shall be subject to forfeiture as provided by rules adopted pursuant to section 6K-6(9):

     (1)  Conducting any commercial activity;

     (2)  Taking, disturbing, injuring, killing, or possessing any living natural resource;

     (3)  Removing, damaging, or disturbing any natural feature, natural resource, or historic or prehistoric cultural object, artifact, or remains, or parts thereof;

     (4)  Altering, defacing, or destroying any rock or other geological feature;

     (5)  Possessing any firearm, bow and arrow, spear gun, trap, snare, poison, or device designed to take, capture, or kill wildlife in the reserve;

     (6)  Possessing any explosives or fireworks, or starting or maintaining a fire;

     (7)  Entering any area posted with a sign warning of danger, kapu, or restricted entry;

     (8)  Removing, damaging, or disturbing any notice, sign, marker, fence, or structure;

     (9)  Introducing any animals, domestic or wild, or any form of plant; or

    (10)  Possessing any fishing gear, device, or noxious chemical used for taking any aquatic life or altering any geological feature or specimen;

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 the Kahoolawe island.

     (b)  Any property used or any natural resource taken in the commission of an offense enumerated in subsection (a) may be seized in accordance with section 199-7 and forfeited pursuant to administrative or judicial in rem forfeiture proceedings conducted pursuant to chapter 712A.  In the alternative, any natural resource seized pursuant to this section may be disposed by the department according to procedures established in section 199-7."

     SECTION 3.  Section 6K-6, Hawaii Revised Statutes, is amended to read as follows:

     "§6K-6  Responsibilities and duties of the commission.  The general administration of the island reserve shall rest with the commission.  In carrying out its duties and responsibilities, the commission:

     (1)  Shall establish criteria, policies, and controls for permissible uses within the island reserve;

     (2)  Shall approve all contracts for services and rules pertaining to the island reserve;

     (3)  Shall provide advice to the governor, the department, and other departments and agencies on any matter relating to the island reserve;

     (4)  Shall provide advice to the office of planning and the department of the attorney general on any matter relating to the federal conveyance of Kaho‘olawe;

     (5)  May enter into curator or stewardship agreements with appropriate Hawaiian cultural and spiritual community organizations for the perpetuation of native Hawaiian cultural, religious, and subsistence customs, beliefs, and practices for the purposes stated in section 6K-3;

     (6)  Shall carry out those powers and duties otherwise conferred upon the board of land and natural resources and the land use commission with regard to dispositions and approvals pertaining to the island reserve.  All powers and duties of the board of land and natural resources and the land use commission concerning dispositions and approvals pertaining to the island reserve are transferred to the commission;

     (7)  Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the county of Maui by chapter 205A.  The powers and duties of the county of Maui and its agencies concerning coastal zone dispositions and approvals pertaining to the island reserve are transferred to the commission;

     (8)  Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the island burial councils and the department with regard to proper treatment of burial sites and human skeletal remains found in the island reserve;

     (9)  Shall adopt rules in accordance with chapter 91 that are necessary for the purposes of this chapter and [shall], as appropriate, provide for forfeiture pursuant to chapter 712A for violations enumerated in section 6K-   ;

    (10)  Shall maintain a record of its proceedings and actions;

   [(10)] (11) May delegate to the executive director or employees of the commission, by formal commission action, such power and authority vested in the commission by this chapter as the commission deems reasonable and proper for the effective administration of this chapter; and

   [(11)] (12) May solicit and accept grants, donations, and contributions for deposit into the Kaho‘olawe rehabilitation trust fund to support the purposes of this chapter."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Kahoolawe Island Reserve; Forfeiture

 

Description:

Clarifies that property or natural resources used or taken in violation of laws applicable to the Kahoolawe island reserve shall be subject to forfeiture.

 

 

 

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