Bill Text: HI HB630 | 2010 | Regular Session | Introduced

Hawaii House Bill 630 (Prior Session Legislation)

Introduced

Bill Title: Graffiti; Eradication

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB630 Detail]

Download: Hawaii-2010-HB630-Introduced.html

Report Title:

Graffiti; Eradication

Description:

Authorizes limited access by designated state or county agencies limited to private real property for the purpose of painting over graffiti if owner or occupant of the property has not painted over the graffiti within 30 days after notice to do so. Requires the attorney general to create an internet-based library of graffiti tags to assist in identifying graffiti taggers.

HOUSE OF REPRESENTATIVES	H.B. NO.	630
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to graffiti.

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

SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . GRAFFITI

§712- Notice to remove graffiti. Any law enforcement officer may give notice to the owner or occupant of real property to remove graffiti from the premises. Notice shall be given in person, by certified mail, return receipt requested, or by recordation. For purposes of this section, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances.

§712- Access to real property; liability limited. If the owner or occupant of real property has not removed the graffiti within thirty days after the notice given pursuant to section 712- , a public employee authorized by the governor or mayor of the respective county, as appropriate, may enter the premises for the limited purpose of removing graffiti, provided that the person does not enter any dwelling or other building on the premises. Any authorized person who enters premises for the purpose of removing graffiti pursuant to this section shall not be liable for civil damages resulting from the authorized person's acts or omissions in entering the premises to remove graffiti, except for such damages as may result from the authorized person's gross negligence or wanton acts or omissions."

SECTION 2. The attorney general shall establish a program, in cooperation with the chief of police of the respective counties, to catalog and make available to the public via the Internet or other appropriate means images of graffiti "tags" to assist in identifying graffiti "taggers".

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2009.