Bill Text: HI HB874 | 2011 | Regular Session | Amended
Bill Title: Solid Waste; Illegal Dumping
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-09 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and Ito excused (1). [HB874 Detail]
Download: Hawaii-2011-HB874-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
874 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SOLID WASTE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342H- Petty misdemeanor management of solid waste. (a) A person commits the offense of petty misdemeanor management of solid waste if the person knowingly operates a solid waste management system without first securing approval in writing from the director.
(b) Petty misdemeanor management of solid waste is punishable by:
(1) A fine of not less than $500 but not more than $25,000 for each separate offense;
(2) Not more than thirty days imprisonment for each offense; or
(3) Revocation or suspension by court order of any contractor's license or any applicable certificate of authorization from the public utilities commission.
Each day of violation shall constitute a separate offense.
(c) Each fine collected for a violation of this section shall be distributed to the authorized agency that enforced the prohibition under which the fine was imposed."
SECTION 2. Section 342H-37, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Felony disposal of solid waste is a
class C felony for which a [maximum fine of] fine of not less than
$2,000 but not more than $50,000 for each separate offense [may] shall
be imposed."
SECTION 3. Section 342H-39, Hawaii Revised Statutes, is amended by amending and subsection (b) to read as follows:
"(b) Petty misdemeanor disposal of solid waste is punishable by:
(1) A fine of not less than $500 but not more than $25,000 for each separate offense;
(2) Not more than thirty days imprisonment for each offense; or
(3) Revocation or suspension by court order of any contractor's license or any applicable certificate of authorization from the public utilities commission.
Each day of violation shall constitute a separate offense."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Solid Waste; Illegal Dumping
Description:
Creates a minimum penalty for felony disposal of solid waste of $2,000, and a minimum penalty for petty misdemeanor disposal of solid waste of $500. Creates a petty misdemeanor offense for illegally operating a solid waste management system. (HB874 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
