Bill Text: HI SB2721 | 2024 | Regular Session | Amended
Bill Title: Relating To Ocean Recreation.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Enrolled) 2024-05-03 - Received notice of passage on Final Reading in House (Hse. Com. No. 830). [SB2721 Detail]
Download: Hawaii-2024-SB2721-Amended.html
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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 |
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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 efforts at small boat harbors and boating facilities are 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 language of section 200-14, Hawaii Revised Statutes, is not clear 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 to read as follows:
"§200-14 Violation of
rules; penalty. (a) Except as provided in subsection
(b), any person who knowingly or intentionally violates this part, or
any rule adopted by the department [under] pursuant to this part [or
who violates this part], shall be guilty of a petty misdemeanor and fined
not more than $1,000 [or less than $50], or sentenced to a term of
imprisonment of not more than thirty days, or both, for each violation [,
and any]. Each day or instance of
violation shall be deemed a separate offense.
Additionally, [vessel,] the agents, owner, or crew of [which
violate the] any vessel that violates this part, or any rules [of
the department or] adopted by the department pursuant to this part,
shall be fined not more than $1,000 [or less than $50] for each
violation[; provided that in].
In addition to or as a condition to the suspension of [the fines
and] any penalties[,] imposed pursuant to this section,
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[.]
for each violation.
(b) Any person who knowingly or intentionally
violates any rule adopted by the department under this part regulating
vehicular parking or traffic movement shall have committed a traffic infraction
as set forth in chapter 291D, the adjudication of which shall be subject to the
provisions contained therein. A person
found to have committed such a traffic infraction shall be fined not more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation.
(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 knowingly or intentionally 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 or instance of violation, [and any vessel,] or
sentenced to a term of imprisonment of not more than thirty days, or both. Each day or instance of each violation shall
be deemed a separate offense.
Additionally, the agents, owner, or crew of [which violate] any
vessel that violates the rules of the department shall be fined not more
than $10,000 for each day of violation."
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, 2050.
Report Title:
Boating and Ocean Recreation; Criminal Penalties
Description:
Clarifies that violation of part I of chapter 200, HRS, relating to ocean recreation and coastal areas, or any rules adopted thereunder shall be subject to criminal penalties. Takes effect 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
