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HOUSE OF REPRESENTATIVES |
H.R. NO. |
265 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
Urging the Department of Land and Natural Resources to report on the feasibility of a two-tiered system for enforcing boating law violations that do not pose an imminent and serious threat to public health or safety.
WHEREAS, boating makes up a large part of the recreational and commercial ocean activities in the State; and
WHEREAS, currently, persons cited by enforcement officers for violating the State's boating laws are required to appear before a District Court; and
WHEREAS, a significant number of the citations issued by the Department of Land and Natural Resources for violations involve moving or non-moving violations that do not pose a serious and imminent threat to public health or safety; and
WHEREAS, requiring persons who commit moving or non-moving violations that do not pose a serious threat to public health or safety to appear before a court is a burden to the District Court system that could be reduced by allowing these citations to be dealt with administratively through the Department of Land and Natural Resources; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, that the Department of Land and Natural Resources is urged to study the feasibility of a two-tiered system for enforcing boating law violations that:
(1) Allows persons who commit a moving violation that does not pose an imminent and serious threat to public health or safety to receive a warning citation for the first violation;
(2) Allows persons who commit a non-moving violation that does not pose an imminent and serious threat to public health or safety, such as a parking violation or an expired ramp license violation, to receive a citation for a fine of not less that $25 and not more than $50, to be paid to the Department of Land and Natural Resources;
(3) Requires violators with unpaid fines to appear before a court; and
(4) Allows enforcement officers the discretion to enforce all other boating law violations by either arrest or issuance of a citation; and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is requested to submit a report of its feasibility study, including findings, recommendations, and any proposed legislation, to the Legislature not later than twenty days prior to the convening of the Regular Session of 2009; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, the Chief Justice of the Supreme Court, and the Administrative Director of the Courts.
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OFFERED BY: |
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Boating Law; Violations; Citations