HB1762.DOC

SECTION 1. Section 291C-132, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) The court shall sentence any person convicted of the offense of littering from vehicles as follows:

(1) For the first offense, defendant shall spend [~~four~~] seventy-five hours [of] either picking up litter on public property or performing community service.

(2) For any subsequent offense, defendant shall spend [~~eight~~] one hundred fifty hours [of] either picking up litter on public property or performing community service.

(d) The court shall fine the person convicted of committing the offense of littering [~~at least $100, but not more than $500.~~] $5,000."

SECTION 2. Section 339-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided by this chapter, any person violating any provision of this chapter or any rule adopted under this chapter shall be guilty of a violation, and shall be fined [~~not less than $100, and not more than $500~~] $5,000 for each offense, and ordered to pick up and remove litter from a public place under the supervision of the director as follows:

(1) For the first offense, the violator shall spend [~~four~~] seventy-five hours [of] either picking up and removing litter or performing community service; and

(2) For any subsequent offense, the violator shall spend [~~eight~~] one hundred fifty hours [of] either picking up and removing litter or performing community service."

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

"[[]§342H-39[]] Petty misdemeanor disposal of solid waste. (a) A person commits the offense of petty misdemeanor disposal of solid waste if the person knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume and less than ten cubic yards in volume, anywhere other than a permitted solid waste management system without the written approval of the director.

(b) Petty misdemeanor disposal of solid waste is punishable by:

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

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

(3) 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.

(c) In addition to the penalty imposed under subsection (b), any person convicted under this section shall also be ordered to pick up and remove litter from a public place under the supervision of the director as follows:

(1) For the first offense, the violator shall spend seventy-five hours either picking up and removing litter or performing similar community service; and

(2) For any subsequent offense, the violator shall spend one hundred fifty hours either picking up and removing litter or performing similar community service.

[~~(c)~~] (d) Each fine collected for a violation of this section shall be distributed to the authorized agency that enforced the prohibition under which the fine was imposed.

[~~(d)~~] (e) This section shall not apply to solid waste consisting solely of green waste. For the purposes of this section, "green waste" means solid waste that consists solely of leaves, grass clippings, garden and yard wastes, tree trunks, holiday trees, tree trimmings, and prunings, or any combination thereof."

SECTION 4. Section 342I-8, Hawaii Revised Statutes, is amended to read as follows:

"§342I-8 Penalties. (a) Any person who violates this part shall be fined not more than $10,000 for each separate offense; provided that the failure to post the notice required under section 342I-2, following a warning issued by the director of health, shall be subject to a fine of $2,000 for each separate offense. Each battery improperly disposed of or accepted shall constitute a separate offense. The fines imposed pursuant to this subsection shall be cumulative. Remedies shall be by citation, administrative action, or civil action.

(b) Any person who knowingly or wilfully violates this part shall be guilty of a misdemeanor.

(1) Prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance;

(2) Impose and collect civil penalties;

(3) Collect administrative penalties; or

(4) Obtain other relief.

The court may grant relief in accordance with the Hawaii rules of civil procedure.

(d) In addition to any penalty imposed pursuant to subsection (b), any person convicted under this section shall also be ordered to pick up and remove litter from a public place under the supervision of the director as follows:

(1) For the first offense, the violator shall spend seventy-five hours either picking up and removing litter or performing similar community service; and

(2) For any subsequent offense, the violator shall spend one hundred fifty hours either picking up and removing litter or performing similar community service."

SECTION 5. Section 342J-9, Hawaii Revised Statutes, is amended to read as follows:

"§342J-9 Penalties. (a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any term or condition of a permit or variance issued pursuant to this chapter shall be fined not more than $25,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in court to impose or collect the penalty provided for in this subsection shall be considered a civil action.

(b) Any person who denies, obstructs, or hampers the entrance or inspection by any duly authorized representative of the director, or fails to provide information requested by the representative under section 342J-6 or 342J-55 shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in court to impose or collect the penalty provided for in this subsection shall be considered a civil action.

(1) Transports any hazardous waste to a storage, treatment, or disposal facility that does not have a permit pursuant to section 342J-5 to treat, store, or dispose of that particular hazardous waste;

(2) Treats, stores, or disposes of hazardous waste without first having a permit pursuant to section 342J-5, or who violates any term or condition of a permit or variance issued pursuant to this chapter;

(3) Transports, treats, stores, disposes of, recycles, causes to be transported, or otherwise handles any used oil or used oil fuel in violation of any rules adopted pursuant to this chapter relating to used oil or used oil fuel;

(4) Makes a false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used, for purposes of compliance with this chapter, including compliance with any rules adopted pursuant to this chapter relating to used oil or used oil fuel; or

(5) Abandons or causes to be abandoned any hazardous waste, used oil, or used oil fuel;

shall be subject to criminal penalties[. Violations of paragraphs (3) and (4) are misdemeanor offenses. In addition to any other sentence, a person who violates paragraph (3) or (4) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.] as provided in subsection (d).

(d)(1) Violations of [~~paragraphs (1,)~~] subsection (c)(1), (2), and (5) are class C felonies. In addition to any other sentence, a person who violates [~~paragraph (c),~~] subsection (c)(1), (2), or (5) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.

(2) Violations of [~~paragraphs (c)~~] subsection (c)(3) and (4) are misdemeanor offenses. In addition to any other sentence, a person who violates paragraph (3) or (4) may be ordered to pay a fine not to exceed $25,000 for each day of each violation.

(3) In addition to any penalty imposed pursuant to paragraph (1) or (2), any person convicted under this section shall also be ordered to pick up and remove litter from a public place under the supervision of the director as follows:

(A) For the first offense, the violator shall spend seventy-five hours either picking up and removing litter or performing similar community service; and

(B) For any subsequent offense, the violator shall spend one hundred-fifty hours either picking up and removing litter or performing similar community service.

(e) For purposes of [~~this~~] subsection[,] (c), "abandon" means the act of deserting or leaving behind a hazardous waste, used oil, or used oil fuel."

SECTION 6. Section 708-823.5, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Aggravated criminal property damage is a misdemeanor[.]; provided that, in addition to any other penalty provided by law, the person convicted under this section for placing graffiti on property shall be sentenced as follows:

(a) Pay a fine of $5,000; and

(b) Remove graffiti as follows:

(i) For the first offense, the violator shall spend seventy-five hours removing graffiti or performing similar community service; and

(ii) For any subsequent offense, the violator shall spend one hundred-fifty hours removing graffiti or performing similar community service.

For purposes of this subsection, "graffiti" shall have the same meaning as in section 46-1.5."

SECTION 7. Section 708-829, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

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

(a) For the first offense, the person shall spend [~~four~~] seventy-five hours of either picking up litter on public property or performing community service;

(b) For any subsequent offense, the person shall spend [~~eight~~] one hundred fifty hours of either picking up litter on public property or performing community service; and

(c) The court shall fine the person convicted of committing the offense of criminal littering [~~at least $500, but not more than $1,000.~~] $5,000."

SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1762
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII