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

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.

The fine collected under this subsection 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 subsections (b) and (c) to read as follows:

     "(b)  All moneys collected pursuant to [section] sections 339-8 and 342G-62 shall be deposited into the environmental management special fund.  All interest earned or accrued on moneys deposited into the fund shall become a part of the fund.

     (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 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)  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.

The department may also expend moneys contained in the

environmental management special fund to 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."

     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 December 21, 2058.

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.  Effective December 21, 2058.  (SB2081 HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.