1176
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BOATING PENALTIES.



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

 1      SECTION 1.  Chapter 200, Hawaii Revised Statutes, is
 
 2  amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "200-    General administrative penalties.  (a)  Except as
 
 5 otherwise provided by law, the board is authorized to set,
 
 6 charge, and collect administrative fines and to recover
 
 7 administrative fees and costs, including attorney's fees and
 
 8 costs, or bring legal action to recover administrative fines and
 
 9 fees and costs, including attorney's fees and costs, or payment
 
10 for damages or for the cost to correct damages resulting from a
 
11 violation of subtitle 8 of title 12 or any rule adopted
 
12 thereunder.  Each day or instance of violation shall constitute a
 
13 separate offense.
 
14      (b)  For violations involving pollution of the waters of the
 
15 State, the administrative fine shall be as follows:
 
16      (1)  For a first violation or a violation beyond five years
 
17           of a previous violation, a fine of not more than
 
18           $10,000;
 
19      (2)  For a second violation within five years of a previous
 

 
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 1           violation, by a fine of not more than $15,000; and
 
 2      (3)  For a third or subsequent violation within five years
 
 3           of the last violation, by a fine of not more than
 
 4           $25,000.
 
 5      (c)  For all other violations the administrative fine shall
 
 6 be as follows:
 
 7      (1)  For a first violation or a violation beyond five years
 
 8           of a previous violation, a fine of not more than
 
 9           $5,000;
 
10      (2)  For a second violation within five years of a previous
 
11           violation, by a fine of not more than $10,000; and
 
12      (3)  For a third or subsequent violation within five years
 
13           of the last violation, by a fine of not more than
 
14           $15,000.
 
15      (d)  Any criminal action against a person for any violation
 
16 of subtitle 8 of title 12 or any rule adopted thereunder shall
 
17 not preclude the State from pursuing civil legal action to
 
18 recover administrative fines, fees and costs, or damages against
 
19 that person.  Any civil legal action to recover administrative
 
20 fines, fees and costs, or damages for any violation of subtitle 8
 
21 of title 12 or any rule adopted thereunder shall not preclude the
 
22 State from pursuing any appropriate criminal action against that
 

 
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 1 person.  All fines, fees and costs, or damages recovered by the
 
 2 department under this section shall be deposited in the boating
 
 3 special fund."
 
 4      SECTION 2.  New statutory material is underscored.
 
 5      SECTION 3.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY: ________________________
 

 
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