Relating To Administrative Penalties On Public Lands.
The proposed amendments would significantly influence the management and enforcement of land use regulations in Hawaii. By establishing clear penalties for violations, HB1093 intends to promote better compliance among landowners and users of public lands. This move is expected to not only protect state lands but also ensure that offenders face consequences that are proportionate to their violations, thereby discouraging illegal land use practices. Furthermore, the bill outlines that each day of noncompliance constitutes a separate offense, which may incentivize timely compliance from individuals and entities operating within these legal frameworks.
House Bill 1093 focuses on amending existing laws related to administrative penalties on public lands in Hawaii. The bill aims to clarify the authority of the Board of Land and Natural Resources to impose administrative fines and fees for violations of regulations concerning state lands. It proposes specific administrative fines that escalate with repeated violations, which can reach a maximum of $10,000 for third or subsequent infractions within a five-year period. Additionally, the bill allows for civil legal actions to recover unpaid fines and costs associated with enforcement actions, further strengthening the state's compliance measures regarding public land use.
Key points of contention surrounding HB1093 may revolve around the extent of power granted to the Board of Land and Natural Resources, particularly concerning the imposition of fines and the ability to place liens on neighboring private properties for violations related to land use. Critics may express concerns regarding the potential for overreach by state authorities, arguing that it could lead to excessive financial burdens on landowners, particularly in cases where noncompliance is unintentional or resolvable without severe penalties. The legal implications and enforcement actions outlined in the bill may also lead to debates on the balance between effective regulation and property rights.