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SB3032
THE SENATE
S.B. NO.
3032
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to beaches
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that existing laws
under sections 171-58.5 and 205A-44, Hawaii Revised Statutes, prohibit the
removal or disturbance of beach sand.
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However, landowners frequently hire licensed or unlicensed contractors
to illegally remove sand from public beaches to fortify their private land.
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The
legislature further finds that the department of land and natural resources
requires clearer authority to hold those persons liable.
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Accordingly,
the purpose of this Act is to clarify
that any person in violation of laws
and subject to administrative, civil, or criminal penalties prohibiting the
removal of sand from public beaches includes
licensed and unlicensed
contractors.
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SECTION
2
.
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Section
171-6.4, Hawaii Revised Statutes, is amended to read as follows:
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"
�171-6.4
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General administrative penalties.
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(a)
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Except as otherwise provided by law, the board or its authorized
representative by proper delegation may 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 resulting from a violation of
this chapter or any rule adopted pursuant to this chapter.
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The administrative fines shall be as follows:
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(1)
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For a first violation, a fine of not
more than $2,500;
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(2)
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For a second violation within five years of a
previous violation, a fine of not more than $5,000; and
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(3)
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For a third or subsequent violation within
five years of the last violation, a fine of not more than $10,000.
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(b)
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Any criminal action against a person for any
violation of this chapter or any rule adopted pursuant to this chapter shall
not be deemed to preclude the State from pursuing civil legal action against
that person.
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Any civil legal action
against a person to recover administrative fines and costs for any violation of
this chapter or any rule adopted pursuant to this chapter shall not be deemed
to preclude the State from pursuing any criminal action against that
person.
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Each day of each violation shall
constitute a separate offense.
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(c)
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Noncompliance with administrative enforcement
action against a landowner for a land use, as defined in section 183C‑2,
that violates the law or for a currently unauthorized structure encroaching on
public lands, including but not limited to submerged lands or lands within the
shoreline, that falls, slides, or comes onto public land, or arises from or
benefits an adjoining or abutting private land shall affect title pursuant to
section 501-151 and result in a lien attaching to the adjoining or abutting private
land.
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(d)
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For the purposes of this section, "person"
includes any licensed or unlicensed contractor, as defined in section 444-1.
"
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SECTION
3
.
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Section 171-31.6, Hawaii Revised Statutes, is
amended to read as follows:
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"[
[
]�171-31.6[
]
]
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Criminal penalties.
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(a)
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Any
person found guilty of a violation of this chapter or any rules adopted
thereunder shall be guilty of a petty misdemeanor and shall be punished as
follows:
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(1)
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For a first offense, by a mandatory fine of
not less than $500, or imprisonment of not more than thirty days, or both;
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(2)
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For a second offense within five years of a
previous conviction under this section, by a mandatory fine of not less than
$1,000, or imprisonment of not more than thirty days, or both; and
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(3)
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For a third or subsequent offense within five
years of two prior convictions under this section, by a mandatory fine of not
less than $2,000, or imprisonment of not more than thirty days, or both.
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(b)
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Any criminal action against a person for any
violation under this section shall not be deemed to preclude the State from
pursuing civil legal action to recover administrative fines and costs against
the person.
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Any civil legal action
against a person to recover administrative fines and costs for any violation of
this chapter or any rules adopted thereunder shall not be deemed to preclude
the State from pursuing any criminal action against that person pursuant to
this section.
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(c)
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For the
purposes of this section, "person" includes any licensed or
unlicensed contractor, as defined in section 444-1.
"
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SECTION
4
.
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Section 205A-32, Hawaii Revised Statutes, is
amended to read as follows:
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"
�205A-32
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Penalties
.
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(a)
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Any person who violates any provision of part II or part III shall be
liable as follows:
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(1)
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For
a civil fine not to exceed $100,000; or
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(2)
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For
the cost of returning the affected environment or ecology within the coastal
management area to the condition existing before the violation.
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(b)
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In addition to any other penalties, any person who is violating any
provision of part II or part III shall be liable for a civil fine not to exceed
$10,000 a day for each day in which such violation persists.
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(c)
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Any civil fine or other penalty provided
under this section may be imposed by the circuit court or may be imposed by the
department after an opportunity for a hearing under chapter 91.
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Imposition of a civil fine shall not be a
prerequisite to any civil fine or other injunctive relief ordered by the
circuit court.
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(d)
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For the
purposes of this section, "person" includes any licensed or
unlicensed contractor, as defined in section 444-1.
"
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SECTION 5.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Department
of Land and Natural Resources; Public Beaches; Sand Removal; Contractors;
Penalties
Description:
Clarifies
that any person in violation of laws and subject to administrative, civil, or
criminal penalties prohibiting the removal of sand from public beaches includes
licensed and unlicensed contractors.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.