HOUSE OF REPRESENTATIVES	H.B. NO.	2040
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to boating.

 

 

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

 

     SECTION 1.  Section 200-25, Hawaii Revised Statutes, is amended to read as follows:

     "§200-25  Fines [and penalties].  (a)  Any person violating this part, or any rule adopted pursuant to this part, shall be fined not less than $50 and not more than $1,000 [or sentenced to a term of imprisonment of not more than thirty days, or both,] for each violation[; provided that].  Each day of each violation constitutes a separate offense.  Any action taken to impose or collect the fine provided by this section shall be considered a civil action.

     (b)  [in] In addition to, or as a condition to the suspension of, the fines [and penalties,] under subsection (a), the environmental court may deprive the offender of the privilege of operating any vessel, including but not limited to any thrill craft or vessel engaged in parasailing or water sledding, in the waters of the State for a period of not more than thirty days."

     SECTION 2.  Section 200-26, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§200-26[]]  [Arrest or citation.] Citation.  (a)  [Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this part, including any rule adopted pursuant to this part, any] Any person authorized to enforce this part, hereinafter referred to as an enforcement officer, upon [arresting a person for] observing a violation of any provision of this part, including any rule adopted pursuant to this part, [in the discretion of the enforcement officer, shall either:

     (1)  Issue] shall issue to the purported violator a [summons or] citation, printed in the form described, [warning] ordering the purported violator to pay any applicable penalty or to appear and answer to the [charge against the] purported [violator] violation at a certain place and at a time within seven days after [such arrest; or

     (2)  Take the purported violator without unnecessary delay before a district judge.] issuance of the citation.

     (b)  The [summons or] citation shall be printed in a form comparable to the form of other [summonses and] citations used for [arresting offenders] citing violators of laws that do not mandate the physical arrest of violators, and shall be designed to provide for inclusion of all necessary information.  The form and content of [such summons or] the citation shall be adopted or prescribed by the district courts.

     The original of the [summons or] citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.

     [Summonses and citations] Citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.

     (c)  Any person who fails to appear at the place and within the time specified in the [summons or] citation issued to the person by the enforcement officer, upon the person's [arrest] being cited for violation of any provision of this part, including any rule adopted pursuant to this part, shall be [guilty of a misdemeanor.] deemed to have committed a separate violation, as may be established by rule.

     [In the event any person fails to comply with a summons or citation issued to that person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against that person and secure the issuance of a warrant for the person's arrest.

     (d)  When a complaint is made to any prosecuting officer of the violation of any provision of this part, including any rule adopted thereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the department whose name has been submitted to the prosecuting officer and who has been designated by the chairperson to administer the same.]"

     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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

DLNR; Boating; Penalty; Decriminalization

 

Description:

Makes any violation of part II, chapter 200, HRS, a civil offense rather than a criminal offense.

 

 

 

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