Increases the mandatory minimum fines for littering violations, including littering from a motor vehicle, littering in public, and criminal littering. (SD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that, even though Hawaii's natural beauty makes this island state great, the communities that comprise Hawaii still suffer from rampant littering problems. One cause of the problem is lack of enforcement. Hawaii prohibits people from littering from an automobile and in public. This State has even made certain littering acts a criminal offense. For example, with over 1,200,000 residents, the State prosecuted just over four hundred violations of criminal littering or littering from a vehicle.

A greater deterrent is necessary to prevent people who live in and visit Hawaii from littering the State's beautiful 'aina. Presently, the minimum fine assessed any person who litters is $25. The present fine schedule is not serving its deterrent purpose as evidenced by the amount of litter seen strewn about the streets of Hawaii when compared to the enforcement statistics. The purpose of this Act is to update the current fine schedule to serve as an incentive to keep Hawaii beautiful and clean.

SECTION 2. Section 291C-132, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The court shall fine the person convicted of committing the offense of littering at least [$25,] $500, but not more than [$500.] $1,000."

SECTION 3. Section 339-8, Hawaii Revised Statutes, is amended to read as follows:

"§339-8 Penalties. (a) Except as otherwise provided by this chapter, any person violating any provision of this chapter or any rule adopted hereunder shall be guilty of a violation, and shall be fined not less than [$25,] $500, and not more than [$500] $1,000 for each offense, and ordered to pick up and remove litter from a public place under the supervision of the director as follows:

(b) If the court judges the violator to be incapable of litter removal and pick up, the court may provide some other community work as it deems appropriate. All persons who are caught littering shall be required to remove the litter that they caused or shall be liable for the costs of removing that litter."

SECTION 4. Section 708-829, Hawaii Revised Statutes, is amended to read as follows:

"§708-829 Criminal littering. (1) A person commits the offense of criminal littering if that person knowingly places, throws, or drops litter on any public or private property or in any public or private waters, except:

(2) "Litter" means rubbish, refuse, waste material, garbage, trash, offal, or debris of whatever kind or description, and whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass, or solid waste.

(3) Criminal littering is a petty misdemeanor.

(4) The court shall sentence any person convicted of committing the offense of criminal littering as follows:

(5) It shall be an affirmative defense that the defendant had consent of the owner in control of the property."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.