Report Title:

Shark Feeding

Description:

Makes shark feeding a misdemeanor with a minimum fine of $500.00. (HB581 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

581

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to shark feeding.

 

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

SECTION 1. Section 188-40.6, Hawaii Revised Statutes, is amended by amending its title to read:

"[[]§188-40.6[]] Shark feeding; prohibitions; exceptions[; penalties]."

SECTION 2. Section 188-70, Hawaii Revised Statutes, is amended to read as follows:

"§188-70 Penalties. (a) Any person violating any provision of this chapter, [excepting section] except sections 188-23[,] and 188-40.6, or any rule adopted pursuant thereto, is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than:

(1) $100 for a first offense;

(2) $200 for a second offense; and

(3) $500 for a third or subsequent offense.

(b) Any person violating section 188-23, is guilty of a class C felony and shall be sentenced pursuant to chapter 706; provided that the court, in addition to any term of imprisonment or any other terms and conditions of probation, shall order the defendant to pay a fine of not less than $1,000. Notwithstanding section 706-669 and any other law to the contrary, any person in violation of subsection (b), as a first offense, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole for thirty days. Repeat offenders shall be sentenced pursuant to chapter 706.

(c) In addition to any other penalties, any person violating section 188-40.6 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.

[(c)] (d) The fines specified in this section shall not be suspended or waived."

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 Statutory material to be repealed is bracketed and stricken.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 upon its approval.