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HB999
HOUSE OF REPRESENTATIVES
H.B. NO.
999
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO WATER POLLUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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Section 200-14, Hawaii Revised Statutes, is amended to read as follows:
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�200-14
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Violation of chapter or rules; penalty.
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(a)
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Any
person who violates any provision in this chapter, or rule adopted by the
department, relating to boating accidents, 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 and shall be fined
not more than $1,000.
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(b)
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Any
person who 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.
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A person found to have committed a traffic infraction shall be fined not
more than:
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(1)
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$100
for a first violation;
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(2)
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$200
for a second violation; and
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(3)
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$500
for a third or subsequent violation.
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(c)
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Notwithstanding the provisions of subsection (a), 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 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 or instance of violation, or
sentenced to a term of imprisonment of not more than thirty days, or both.
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Each day or instance of each violation shall
be deemed a separate offense.
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Additionally,
the agents, owner, or crew of any vessel that violates the rules of the
department shall be fined not more than $10,000 for each day of violation.
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(d)
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(c)
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As a condition of probation pursuant to
sections 706-623 and 706-624, or as a condition to the suspension of any
criminal penalties, the environmental court may provide that the defendant
refrain from operating any vessel, including but not limited to any thrill
craft or vessel engaged in parasailing or water sledding, in specified
geographical areas of the waters of the State.
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(e)
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(d)
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For the purposes of this section,
"operate", "parasailing", "thrill craft",
"vessel", "water sledding", and "waters of the
State"
have the same meaning as those terms are
defined in section 200-23.
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SECTION
2.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
3.
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The Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Water Pollution Offenses; Enforcement
Description:
Amends section 200-14, HRS, to clarify that enforcement of
criminal water pollution offenses remains under the jurisdiction of the
Department of Health, rather than the Department of Land and Natural Resources.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.