HB1485

SECTION 1. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342H- Illegal dumping awareness program. There is established within the department an illegal dumping awareness program. The department shall develop and administer classes to raise awareness of the effects of illegal solid waste dumping and deter future violations among offenders of this chapter."

SECTION 2. Section 342H-37, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Felony disposal of solid waste is a class C felony for which a maximum fine of $50,000 for each separate offense may be imposed[.]; provided that any person convicted under this section shall be fined not less than:

(1) $2,500 for the first offense; and

(2) $10,000 for each subsequent offense.

Each day of violation shall constitute a separate offense.

(d) Any vehicle used in the commission of an offense under this section shall be forfeited to the State, subject to the notice and hearing requirements of chapter 712A; provided that for a first offense, the forfeited vehicle shall be returned to the owner upon the payment of all fines imposed pursuant to subsection (c)."

SECTION 3. Section 342H-39, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Petty misdemeanor disposal of solid waste [is] shall be punishable by:

(1) A fine of not more than $25,000 for each separate offense; provided that:

(A) For the first offense, petty misdemeanor disposal of solid waste shall be punishable by:

(i) A mandatory minimum fine of $500;

(ii) Twenty hours of community service to be completed by picking up solid waste;

(iii) hours of participation in an illegal dumping awareness class administered by the department; and

(iv) Not more than thirty days imprisonment, and

(B) For the second offense under this section, petty misdemeanor disposal of solid waste shall be punishable by:

(i) A mandatory minimum fine of $1,000;

(ii) Fifty hours of community service to be completed by picking up solid waste;

(iii) hours of participation in an illegal dumping awareness class administered by the department; and

(iv) Not more than sixty days imprisonment;

and

[~~(2)~~ ~~Not more than thirty days imprisonment for each offense; or~~

~~(3)~~] (2) Revocation or suspension by court order of any contractor's license or any applicable certificate of authorization from the public utilities commission.

Each day of violation shall constitute a separate offense."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the department of health to establish an illegal dumping awareness program.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2007; provided that sections 2 and 3 shall take effect on January 1, 2009.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1485
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII