1176
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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 Chapter 200 or 200D or any rule adopted thereunder.
 
12 Each day or instance of violation shall constitute a separate
 
13 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
 

 
Page 2                                                     1176
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 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 most recently occurring violation, by a fine of
 
 4           not more than $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 most recently occurring violation, by a fine of
 
14           not more than $15,000.
 
15      (d)  Any criminal action against a person for any violation
 
16 of Chapters 200 and 200D or any rule adopted thereunder shall not
 
17 preclude the State from pursuing civil legal action to recover
 
18 administrative fines, fees and costs, or damages against that
 
19 person.  Any civil legal action to recover administrative fines,
 
20 fees and costs, or damages for any violation of Chapters 200 and
 
21 200D or any rule adopted thereunder shall not preclude the State
 
22 from pursuing any appropriate criminal action against that
 
23 person.  All fines, fees and costs, or damages recovered by the
 

 
Page 3                                                     1176
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 department under this section shall be deposited in the boating
 
 2 special fund."
 
 3      SECTION 2.  New statutory material is underscored.
 
 4      SECTION 3.  This Act shall take effect upon its approval.