Report Title:

Small Business Penalty Waiver; Not Applicable to Environmental and Cultural Resource Protection Laws

Description:

Ensures that allowable waivers or reductions of penalties for small businesses will not apply to any laws protecting the environment or cultural resources. (SB1080 HD1)

THE SENATE

S.B. NO.

1080

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to penalties.

 

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

SECTION 1. Section 201M-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Subsection (a) shall not apply when:

(1) A small business fails to exercise good faith in complying with the statute or rules;

(2) A violation involves wilful or criminal conduct; [and]

(3) A violation results in serious health[, safety, or environmental impact.] and safety impacts; or

(4) The violation occurs under chapters 6E, 340A, 340E, 341, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, and 342P."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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