HOUSE OF REPRESENTATIVES

H.B. NO.

2617

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to OCEAN waters.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  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 state regulation and oversight through statute 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 individuals 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 finds that, while consumption of alcohol along the shoreline is for the most part prohibited, consumption of alcohol while in the nearshore waters of the State is not currently specifically regulated and action should be taken to regulate this activity.

     The purpose of this Act is to prohibit the consumption of alcohol in the ocean waters of the State.

     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-    Alcohol prohibited.  (a)  It shall be unlawful for any person at any time to consume alcohol while in the ocean waters of the State.

     (b)  Exceptions to the alcohol prohibition contained in subsection (a) for commercial operations or permitted events may be made in accordance with rules adopted by the department pursuant to section 200-4.5 and chapter 91.

     (c)  For the purposes of this section, "alcohol" means the product of distillation or any fermented liquid, whether rectified or not, whatever may be the origin thereof and shall include brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter, wine, and any spirituous, vinous, malt or fermented liquor, liquids and compounds, whether medicated, proprietary, patented, or not, in whatever form and of whatever constituency and by whatever name called, containing on-half of one per cent or more of alcohol by volume, which are fit for use or may be used or readily converted for use for beverage purposes.

     (d)  In addition to any other penalties provided under chapter 281, any person who violates this section shall be subject to a fine of $        ."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Ocean Waters; Alcohol Consumption; Prohibition

 

Description:

Prohibits alcohol consumption within the ocean waters of the State.

 

 

 

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