THE SENATE

S.B. NO.

2285

TWENTY-NINTH LEGISLATURE, 2018

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PLASTIC STRAWS.

 

 

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

 


SECTION 1. The legislature finds that Americans use five hundred million disposable drinking straws daily, according to the National Park Service. To visualize this, five hundred million straws would circle the earth two and a half times. These straws are made of plastic, intended for one-time use, rarely recycled, and are seemingly everywhere. Often the plastic straws end up as marine trash, clogging up oceans and entangling or being consumed by sea life. Conservationists report that plastic straws are among the most common plastic items volunteers clean from beaches.

While the legislature encourages consumers to change their habits and refuse plastic straws, legislative action can have a more effective impact on the abundant use of plastic straws. Some jurisdictions, such as Seattle, Washington, have already taken steps to prohibit the selling and distribution of straws, and many more are considering similar legislation. The legislature also finds that when a straw is necessary, there are numerous alternatives including reusable and paper straws.

The purpose of this Act is to prohibit the distribution, sale, or provision of plastic straws by individuals and businesses and establish a fine and requirement for violators to pick up litter or perform other types of community service.

SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"342H-   Plastic straws; prohibited. (a) No individual or business shall distribute, sell, or otherwise provide a straw composed in full or in part of plastic.

(b) Any individual or business who violates subsection (a) shall be fined no less than $100 and no more than $500 for each offense. In addition to any fine imposed, the director shall order an individual who violates subsection (a) to pick up and remove litter from a public place or perform other community service, as follows:

(1) For the first offense, four hours picking up and removing litter or performing other types of community service; and

(2) For any subsequent offense, eight hours picking up and removing litter or performing other types of community service.

(c) As used in this section:

"Business" means any commercial enterprise or establishment operating in the State, including any individual proprietorship, joint venture, partnership, corporation, limited liability company or other legal entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.

"Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow.

"Public place" has the same meaning as in section 711‑1100."

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. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2019.

 


 


 

Report Title:

Plastic Straws; Fine; Community Service

 

Description:

Prohibits the distribution, sale, and provision of plastic straws. Establishes a fine and requires individual and business violators to pick up litter or perform community service. Takes effect 1/1/2019. (SD1)

 

 

 

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