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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2617 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OCEAN WATERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that the ocean is Hawaii's greatest natural
resource, providing economic, recreational, cultural, and spiritual benefits to
residents and visitors alike. Residents
and visitors enjoy a wide variety of ocean related recreational activities,
many of which are subject to regulation and oversight through statutes and
administrative rules.
Over the past several years, there has been
a rise in popularity of floatilla events in Hawaii's nearshore waters. A floatilla involves participants who gather
in Hawaii's ocean waters on floaties, kayaks, surfboards, paddleboards, boats,
and other aquatic devices and water craft to socialize and often consume
alcohol in excess while out of the direct view of law enforcement or licensees
responsible for maintaining compliance with laws related to underage
consumption. The popularity of these
events has raised concerns about public safety and the protection of Hawaii's
nearshore ocean environment. These
concerns were highlighted on July 4, 2017, when an estimated ten-thousand people
took part in a floatilla event in the nearshore waters off of Waikiki. During this event, ocean safety personnel
rescued hundreds of individuals and emergency medical services personnel
treated numerous individuals. Ten
participants, including a participant who was in critical condition, were
transported to area hospitals. Many of
these individuals were treated or transported for alcohol related issues and
many were underage. In addition,
hundreds of bottles and cans and huge amounts of other rubbish were either left
in the ocean waters or left along the coastline causing environmental concerns.
The legislature further finds that, while the
consumption of alcohol along the shoreline is regulated, consumption of alcohol
while in the nearshore waters of the State is not and action should be taken to
regulate this activity.
The purpose of this Act is to prohibit the
consumption of liquor for bathers in the ocean within one thousand yards of any
beach or shoreline.
SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§200- Consumption
of liquor prohibited for bathers.
(a) It shall be unlawful for any
bather at any time to consume liquor in the waters of the State within one
thousand yards of any beach or shoreline.
(b) The department may authorize exceptions to
subsection (a); provided that exceptions may only be made for commercial
operations or properly permitted events.
(c) In addition to any other penalties provided
under chapter 281, any person who violates this section shall be subject to a
fine of $ .
(d) The department may adopt rules pursuant to
chapter 91 to effectuate this section.
(e) For the purposes of this section:
"Bather" means any
person floating, swimming, wading, or bodysurfing, with or without the use of a
flotation device.
"Flotation device"
means a device that a person floats upon or with the aid of, including a
surfboard, paddleboard, surfmat, innertube, personal flotation device, or air
mattress; provided that it shall not include any device designed to be
propelled by sail, mechanical means, power, oars, or paddle.
"Liquor" means the same as defined in section 281-1."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Ocean Waters; Liquor Consumption; Prohibition
Description:
Prohibits liquor consumption for bathers within one thousand yards of any beach or shoreline in the State. (HB2617 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.