Hawaii-2016-SB1045-Introduced

SECTION 1. The legislature has been engaged in an ongoing effort to make resolution of minor criminal offenses, including traffic violations, as simple as possible for the average citizen and to ensure that police, prosecutor, and judicial resources are focused on the most serious criminal offenses. Since 1978, the legislature has undertaken comprehensive attempts to adjust the penalties for various minor criminal offenses, particularly those found outside the Hawaii Penal Code, such that they are consistent with the nature of the offense, the seriousness with which the offenses are viewed, and the need to deter and prevent commission of the offenses.

The legislature finds that Act 214, Session Laws of Hawaii 1993, enacted chapter 291D, Hawaii Revised Statutes, to adjudicate traffic infractions without court appearance if there is no possibility of imprisonment as a penalty. Chapter 291D, Hawaii Revised Statutes, is designed to permit persons charged with minor offenses to pay fines by mail and to reduce the amount of time police officers and prosecutors spend in court.

Act 101, Session Laws of Hawaii 2008, part III, decriminalized certain traffic offenses occurring on state park lands under the jurisdiction of the department of land and natural resources. Act 101 was a product of Act 124, Session Laws of Hawaii 2005, which requires the legislative reference bureau to recommend changes, after discussion with the respective departments, to the penalties imposed by statute to make the penalties more consistent the decriminalization of traffic offenses in Act 214.

The purpose of this Act is to decriminalize traffic offenses occurring on all lands managed by the department of land and natural resources.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171- Decriminalization of certain traffic offenses. (a) Any person who violates any rule adopted by the department under this chapter regulating vehicular parking or traffic movement on any lands managed by the department shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein. A person found to have committed such a traffic infraction shall be fined not more than:

(1) $100 for a first violation;

(2) $200 for a second violation; and

(3) $500 for a third or subsequent violation."

SECTION 3. Section 183-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§183-5[]] General administrative penalties. (a) Except as otherwise provided by law, the board or its authorized representative may:

(1) Set, charge, and collect administrative fines;

(2) Bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs and costs associated with land or habitat restoration; and

(3) Collect administrative fees and costs pursuant to paragraph (2),

resulting from a violation of this chapter, any rule adopted, or permit issued thereunder.

(b) [~~The~~] Except as provided in subsection (d), the administrative fines for violation of this chapter shall be as follows:

(1) For a first violation, or any violation not preceded within a five-year period by a violation of this chapter, a fine of not more than $2,500 per violation;

(2) For a second violation within five years of a previous violation of this chapter, a fine of not more than $5,000 per violation; and

(3) For a third or subsequent violation within five years of the last violation of this chapter, a fine of not more than $10,000 per violation.

(1) A fine of up to $10,000 per violation of section 183‑17 may be levied for each destroyed or harvested koa tree, or portion thereof, larger than six inches in diameter at ground level; and

(2) A fine of up to $2,000 per violation of section 183-17 may be levied for each destroyed or harvested tree or plant, other than koa, or portion thereof, larger than six inches in diameter at ground level.

(d) Any person who violates any rule adopted by the department under this chapter regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein. A person found to have committed such a traffic infraction shall be fined not more than:

(1) $100 for a first violation;

(2) $200 for a second violation; and

(3) $500 for a third or subsequent violation.

[~~(d)~~] (e) Any criminal prosecution for any violation of this chapter 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.

[~~(e)~~] (f) No person shall be sanctioned pursuant to this section for the exercise of native Hawaiian gathering rights and traditional cultural practices as authorized by law or as permitted by the department pursuant to article xii, section 7 of the Hawaii [~~state constitution.~~] State Constitution.

[~~(f)~~] (g) The department shall submit an annual report outlining the revenues generated by the penalties to the legislature at least twenty days before the convening of each regular session."

SECTION 4. Section 195-8, Hawaii Revised Statutes, is amended to read as follows:

"§195-8 Penalty. (a) [~~Any~~] Except as provided in subsection (b), any person who violates any of the laws and rules applicable to the reserves system, upon conviction thereof, shall be guilty of a misdemeanor and shall be fined not less than $1,000 or imprisoned not more than one year, or both, for each offense.

(b) Any person who violates any rule adopted by the department under this chapter regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein. A person found to have committed such a traffic infraction shall be fined not more than:

(1) $100 for a first violation;

(2) $200 for a second violation; and

(3) $500 for a third or subsequent violation.

[~~(b)~~] (c) Except as otherwise provided by law, the board or its authorized representative by proper delegation is authorized to set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder. The administrative fines shall be as follows:

(1) For a first violation, a fine of not more than $2,500;

(2) For a second violation within five years of a previous violation, a fine of not more than $5,000; and

(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.

[~~(c)~~] (d) Any criminal action against a person for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person."

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:	_____________________________

THE SENATE	S.B. NO.	1045
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII