THE SENATE	S.B. NO.	2081
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO LITTER CONTROL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  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] $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:

     (1)  For the first offense, the violator shall spend four hours of either picking up litter or performing community service; and

     (2)  For any subsequent offense, the violator shall spend eight hours of either picking up litter or performing community service.

If the fine under this subsection was imposed by a county agency, the fine collected shall be deposited into that county's general fund.  If the fine under this subsection was imposed by a state agency, the fine collected shall be deposited into the environmental management special fund established under section 342G-63."

     SECTION 2.  Section 342G-63, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The department shall expend moneys contained in the environmental management special fund to:

     (1)  Partially fund the operating costs of the program including its regulatory functions and the development of waste reduction and diversion activities as mandated by this chapter [342G];

(2) Fund litter control and enforcement programs through direct contract or direct transfer of funds to any state or county agency that may enforce chapter 339 or section 708-829 or both;

    [(2)] (3)  Fund statewide education, demonstration, and market development programs, through direct contract or direct transfer of funds to the counties and the department of business, economic development, and tourism, or under a grant program that may be developed under rules pursuant to chapter 91; and

    [(3)] (4)  Provide for annual training for municipal solid waste operators in compliance with 40 Code of Federal Regulations Part 258 and chapter 11-58, Hawaii Administrative Rules."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2010.

Report Title:

Keiki Caucus; Littering; Fines

Description:

Increases the fine for littering.  Requires moneys to be deposited into the county general fund for the county that imposed the fine or if the fine is imposed by the state, into the Environmental Management Special Fund (Special Fund).  Authorizes moneys in the Special Fund to be used for enforcing the litter control law and criminal littering law.  (SB2081 HD1)

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