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HI HB893
Bill
Status
1/26/2011
Primary Sponsor
Cindy Evans
Click for details
AI Summary
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Authorizes any person injured by a violation of Hawaii's historic preservation laws (Chapter 6E) to bring a civil action as a private attorney general against violators.
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Requires a 30-day notice period to the Board of Land and Natural Resources, Attorney General, and alleged violator before filing suit, with a two-year statute of limitations (extended for continuing violations).
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Establishes civil penalties of $500 to $10,000 per violation, with each day a violation exists counting as a separate violation, plus additional damages equal to the value of any lost or damaged historic property or burial sites.
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Directs penalty distribution with 75% deposited into the Hawaii Historic Preservation Special Fund and 25% awarded to the injured plaintiff bringing the action.
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Allows courts to award costs of litigation, including reasonable attorney's and expert witness fees, to prevailing or substantially prevailing plaintiffs, and permits courts to order defendants to fund mitigation or restoration projects instead of paying civil penalties.
Legislative Description
Private Attorney General; Historic Preservation
Last Action
Carried over to 2012 Regular Session.
12/1/2011