Bill Text: HI SB815 | 2012 | Regular Session | Amended
Bill Title: Kahoolawe Island Reserve Commission; Forfeiture
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Engrossed - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB815 Detail]
Download: Hawaii-2012-SB815-Amended.html
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THE SENATE |
S.B. NO. |
815 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ASSET FORFEITURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Supreme Court, in Carlisle v. One (1) Boat, 119 Hawai‘i 245 (2008), overturned an Intermediate Court of Appeals decision that allowed asset forfeiture in cases of resource destruction, where applicable penalty provisions did not specifically authorize forfeiture.
The purpose of this Act is to specifically authorize asset forfeiture for violation of the laws and rules applicable to the Kaho‘olawe Island Reserve.
SECTION 2. Section 6K-8, Hawaii Revised Statutes, is amended to read as follows:
"§6K-8 Penalty. Any person who violates any of the laws or rules applicable to the island reserve shall be guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both, for each offense. Each day of each violation shall be deemed a separate offense. Any equipment, article, instrument, aircraft, vehicle, vessel, business record, or natural resource used or taken in violation of the laws or rules applicable to the island reserve may be seized and subject to forfeiture as provided by section 199-7 and chapter 712A."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Kahoolawe Island Reserve Commission; Forfeiture
Description:
Requires the forfeiture of any equipment, article, instrument, aircraft, vehicle, vessel, business record, or natural resource used or taken in violation of the laws or rules applicable to the Kahoolawe Island Reserve. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
