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HI HB893
Bill
Status
1/26/2011
Primary Sponsor
Cindy Evans
Click for details
AI Summary
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Amends Chapter 6E of Hawaii Revised Statutes to allow any person injured by a violation of the historic preservation chapter to sue as a private attorney general against violators including individuals, entities, corporations, and government agencies.
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Requires a 30-day notice period to the Board of Land and Natural Resources, Attorney General, and alleged violator before commencing action, with a two-year statute of limitations (or longer for continuing violations).
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Establishes civil penalties of $500 to $10,000 per violation, with each day of violation counting separately, plus additional damages equal to the value of any lost or damaged historic property or burial sites.
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Directs penalty distribution: 75% to the Hawaii historic preservation special fund and 25% to the injured plaintiff bringing the action.
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Authorizes courts to award litigation costs including attorney and expert witness fees to prevailing or substantially prevailing plaintiffs, and permits courts to order mitigation or restoration projects instead of monetary penalties at their discretion.
Legislative Description
Private Attorney General; Historic Preservation
Last Action
(H) Re-referred to WLO/HAW, JUD, FIN, referral sheet 5
1/31/2011