SECTION 1. The Hawaii supreme court, in Carlisle v. One (1) Boat, 119 Hawaii 245, 195 P.3d 1177 (2008), overturned an intermediate court of appeals decision that allowed non-natural resource forfeiture in cases of natural resource destruction or degradation. According to the decision, the substantive offense provisions of administrative rules relating to resource protection, which would include those of the Kaho‘olawe island reserve commission, must specifically authorize forfeiture.

Accordingly, the purpose of this Act is to:

(1) Specify the offenses for which property is subject to forfeiture under chapter 6K, Hawaii Revised Statutes, relating to the Kaho‘olawe island reserve; and

(2) Clarify that property seized in accordance with section 199-7, Hawaii Revised Statutes, may be forfeited and disposed of as provided by law.

SECTION 2. Chapter 6K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§6K- Offenses subject to forfeiture. (a) Offenses that may be subject to forfeiture are those prohibited actions committed while in the island reserve and without the authority of the commission or its authorized representative, as designated by rules adopted pursuant to the commission's authority under section 6K-6 and chapter 91, as follows:

(1) Conducting any commercial activity;

(2) Taking, disturbing, injuring, killing, or possessing any living natural resource;

(3) Removing, damaging, or disturbing any natural feature or natural resource or historic or prehistoric cultural object, artifacts, or remains or parts thereof;

(4) Altering, defacing, or destroying any rock or other geological feature;

(5) Possessing any firearm, bow and arrow, spear gun, trap, snare, poison, or device designed to take, capture, or kill wildlife in the island reserve;

(6) Possessing any explosives or fireworks, or starting or maintaining a fire;

(7) Entering any area posted with a sign warning of danger, kapu, or restricted entry;

(8) Removing, damaging, or disturbing any notice, sign, marker, fence, or structure;

(9) Introducing any animals, domestic or wild, or any form of plant into the island reserve; or

(10) Possessing any fishing gear, device, or noxious chemical used for taking any aquatic life or altering any geological feature or specimen.

Any property used or any natural resource taken in violation of these enumerated offenses may be seized in accordance with section 199-7 and forfeited pursuant to administrative or judicial in rem forfeiture proceedings in chapter 712A. Any natural resource seized according to this section may in the alternative be disposed by the department according to proceedings established in section 199-7.

(b) Forfeiture of property shall apply only to offenses occurring within the area designated as the island of Kaho‘olawe or by persons or on vessels located in the waters extending seaward one nautical mile from its shoreline."

SECTION 3. Section 6K-6, Hawaii Revised Statutes, is amended to read as follows:

"§6K-6 Responsibilities and duties of the commission. The general administration of the island reserve shall rest with the commission. In carrying out its duties and responsibilities, the commission:

(1) Shall establish criteria, policies, and controls for permissible uses within the island reserve;

(2) Shall approve all contracts for services and rules pertaining to the island reserve;

(3) Shall provide advice to the governor, the department, and other departments and agencies on any matter relating to the island reserve;

(4) Shall provide advice to the office of planning and the department of the attorney general on any matter relating to the federal conveyance of Kaho‘olawe;

(5) May enter into curator or stewardship agreements with appropriate Hawaiian cultural and spiritual community organizations for the perpetuation of native Hawaiian cultural, religious, and subsistence customs, beliefs, and practices for the purposes stated in section 6K-3;

(6) Shall carry out those powers and duties otherwise conferred upon the board of land and natural resources and the land use commission with regard to dispositions and approvals pertaining to the island reserve. All powers and duties of the board of land and natural resources and the land use commission concerning dispositions and approvals pertaining to the island reserve are transferred to the commission;

(7) Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the county of Maui by chapter 205A. The powers and duties of the county of Maui and its agencies concerning coastal zone dispositions and approvals pertaining to the island reserve are transferred to the commission;

(8) Shall carry out those powers and duties concerning the island reserve otherwise conferred upon the island burial councils and the department with regard to proper treatment of burial sites and human skeletal remains found in the island reserve;

(9) Shall adopt rules in accordance with chapter 91 that are necessary for the purposes of this chapter and [~~shall~~], as appropriate, provide for forfeiture pursuant to chapter 712A for violations that are subject to a penalty established under this chapter;

(10) Shall maintain a record of its proceedings and actions;

[~~(10)~~] (11) May delegate to the executive director or employees of the commission, by formal commission action, such power and authority vested in the commission by this chapter as the commission deems reasonable and proper for the effective administration of this chapter; and

[~~(11)~~] (12) May solicit and accept grants, donations, and contributions for deposit into the Kaho‘olawe rehabilitation trust fund to support the purposes of this chapter."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	1169
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 2
STATE OF HAWAII		H.D. 1