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THE SENATE |
S.B. NO. |
2721 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO OCEAN RECREATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Much of the enforcement effort at small boat harbors and boating facilities is necessary to ensure public health and safety, such as responding to vandalism, theft, trespassing, and squatting. In order to deter violators and repeat offenders, stricter penalties are needed. The provisions of section 200-14, Hawaii Revised Statutes, are unclear regarding whether criminal penalties are authorized for violations of the section, which has hindered enforcement efforts.
Therefore, the purpose of this Act is to clarify that criminal penalties are authorized under section 200-14, Hawaii Revised Statutes.
SECTION 2. Section 200-14, Hawaii Revised Statutes, is amended follows:
1. By amending subsection (a) to read:
"(a) [Except as provided in subsection
(b), any person who violates any rule adopted by the department under this part
or who violates this part, shall be fined not more than $1,000 or less than $50
for each violation, and any vessel, the agents, owner, or crew of which violate
the rules of the department or this part, shall be fined not more than $1,000
or less than $50 for each violation; provided that in addition to or as a
condition to the suspension of the fines and penalties, the environmental court
may deprive the offender of the privilege of operating or mooring any vessel in
state waters for a period of not more than thirty days.] Any person who violates any provision in
this chapter or rule adopted by the department relating to reckless or
unauthorized operation of a vessel, unauthorized mooring of a vessel,
unauthorized commercial activity, unauthorized camping within state small boat
harbors or boating facilities, animal abandonment within state small boat
harbors or boating facilities, or creation of animal colonies within state
small boat harbors or boating facilities shall be guilty of a petty
misdemeanor."
2. By amending subsection (c) to read:
"(c) [Notwithstanding the provisions of
subsection (a) establishing a fine of not more than $1,000 or less than $50 for
each violation, any person who violates any rule adopted by the department
relating to unauthorized discharge, dumping, or abandoning, in any state
boating facility or state waters, of any petroleum product, hazardous material,
or sewage in violation of the state water quality standards established by the
department of health, shall be fined not more than $10,000 for each day of
violation, and any vessel, the agents, owner, or crew of which violate the
rules of the department shall be fined not more than $10,000 for each day of
violation.] In addition to, or as a condition to the suspension of, any
criminal fines and penalties, the environmental court may deprive the offender
of the privilege of operating any vessel, including but not limited to any
thrill craft or vessel engaged in parasailing or water sledding, in certain
geographical areas of the waters of the State for a period of no more than
twelve months."
SECTION 3. Section 200-14.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§200-14.5[]]
General administrative penalties.
(a) Except as otherwise provided
by law, the board is authorized to set, charge, and collect administrative
fines and to recover administrative fees and costs, including attorney's fees
and costs, or bring legal action to recover administrative fines and fees and
costs, including attorney's fees and costs, or payment for damages or for the
cost to correct damages resulting from a violation of [subtitle 8 of title
12] this chapter or any rule adopted thereunder.
(b) In addition to, or as a condition to the suspension of, any administrative fines and penalties, the board may deprive the offender of the privilege of registering or titling any vessel for use on state waters, or mooring any vessel in any state small boat harbor, boating facility, or state waters, for a period of not more than twenty-four months. Each day or instance of violation shall constitute a separate offense.
[(b)] (c) For violations involving pollution of the
waters of the State, the administrative fine shall be as follows:
(1) For a first violation or a violation beyond five years of a previous violation, a fine of not more than $10,000;
(2) For a second violation within five years of a previous violation, by a fine of not more than $15,000; and
(3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $25,000.
[(c)] (d) For all other violations the administrative
fine shall be as follows:
(1) For a first violation or a violation beyond five years of a previous violation, a fine of not more than $5,000;
(2) For a second violation within five years of a previous violation, by a fine of not more than $10,000; and
(3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $15,000.
[(d)] (e) Any criminal action against a person for any
violation of subtitle 8 of title 12 or any rule adopted thereunder shall not
preclude the State from pursuing civil legal action to recover administrative
fines, fees and costs, or damages against that person. Any civil legal action to recover
administrative fines, fees and costs, or damages for any violation of subtitle
8 of title 12 or any rule adopted thereunder shall not preclude the State from
pursuing any appropriate criminal action against that person. All fines, fees and costs, or damages
recovered by the department under this section shall be deposited in the
boating special fund."
SECTION 4. Section 200-25, Hawaii Revised Statutes, is repealed.
["§200-25
Fines and penalties. Any person violating this part, or any rule
adopted pursuant to this part, shall be fined not less than $50 and not more
than $1,000 or sentenced to a term of imprisonment of not more than thirty
days, or both, for each violation; provided that in addition to, or as a
condition to the suspension of, the fines and penalties, the environmental
court may deprive the offender of the privilege of operating any vessel,
including but not limited to any thrill craft or vessel engaged in parasailing
or water sledding, in the waters of the State for a period of not more than
thirty days."]
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
Boating and Ocean Recreation; Criminal Penalties
Description:
Makes it a petty misdemeanor to violate any provision of chapter 200, Hawaii Revised Statues, or rule adopted by the Department of Land and Natural Resources relating to reckless or unauthorized operation of a vessel, unauthorized mooring of a vessel, unauthorized commercial activity, unauthorized camping within state small boat harbors or boating facilities, animal abandonment within state small boat harbors or boating facilities, or creation of animal colonies within state small boat harbors or boating facilities. Allows the Environmental Court to, in addition to or as a condition to the suspension of any criminal fines and penalties, deprive the offender of the privilege of operating any vessel in certain geographical areas of the waters of the State for a period of no more than twelve months. Allows the Board of Land and Natural Resources, to, in addition to or as a condition to the suspension of any administrative fines and penalties, deprive the offender of the privilege of registering or titling any vessel for use on state waters, or mooring any vessel in any state small boat harbor, boating facility, or state waters, for a period of not more than twenty-four months. Repeals fines and penalties relating to the Boating Law. Takes effect 7/1/3000. (HD1)
The summary description
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not legislation or evidence of legislative intent.