Bill Text: HI HB1159 | 2025 | Regular Session | Amended
Bill Title: Relating To Commercial Harbors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-04 - Bill scheduled to be heard by PBS on Friday, 02-07-25 9:30AM in House conference room 411 VIA VIDEOCONFERENCE. [HB1159 Detail]
Download: Hawaii-2025-HB1159-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1159 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COMMERCIAL HARBORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§266- Order to evacuate a commercial harbor;
penalties. (a) During an emergency, any master or person in
charge of a vessel using the commercial waterways and facilities under the
jurisdiction of the department of transportation shall comply with and carry
into effect any evacuation order from a commercial harbor issued by the harbor
master assigned to that commercial harbor.
(b)
Notwithstanding any law to the contrary, any person, including but not
limited to a vessel master, agent, owner, or crew, who violates this section
shall be fined $10,000 for each day of violation per vessel to be deposited
into the harbor special fund pursuant to section 266-19; provided that in
addition to the fines, a court, the department of transportation, or a hearing
officer may deprive the offender of the privilege of entering the secured area
of a commercial harbor or obtaining an operating or mooring permit for any
vessel in a commercial harbor for a period of one year.
(c)
For purposes of this section:
"Emergency" has the same
meaning as in section 127A-2.
"Evacuation" means the
immediate and rapid movement of individuals and vessels away from the threat or
actual occurrence of any hazard, emergency, or disaster, which includes leaving
any commercial harbor under the jurisdiction of the department of
transportation.
"Harbor master" means any
person appointed to that office by the director of transportation and vested
with the operational control of a state commercial harbor and includes any
harbor district manager, commercial harbors manager, and harbor agent.
"Vessel" includes all description of watercraft that are used or are capable of being used as a means of transportation on or in the water."
SECTION 2. Section 266-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is created in the treasury of the State
the harbor special fund. All moneys
received by the department of transportation from the rates, fees, fines, and
administrative penalties pursuant to sections 266-17(a)(1), 266-25, 266-28, [and]
266-30, and 266- shall be paid into the harbor special
fund. The harbor special fund and the
second separate harbor special fund heretofore created shall be consolidated
into the harbor special fund at such time as there are no longer any revenue
bonds payable from the second separate harbor special fund. The harbor reserve fund heretofore created is
abolished.
All moneys derived pursuant to this chapter from harbor properties of the statewide system of harbors shall be paid into the harbor special fund and each fiscal year shall be appropriated, applied, or expended by the department of transportation for the statewide system of harbors for any purpose within the jurisdiction, powers, duties, and functions of the department of transportation related to the statewide system of harbors, including, without limitation, the costs of operation, maintenance, and repair of the statewide system of harbors and reserves therefor, and acquisitions (including real property and interests therein), constructions, additions, expansions, improvements, renewals, replacements, reconstruction, engineering, investigation, and planning, for the statewide system of harbors, all or any of which in the judgment of the department of transportation are necessary to the performance of its duties or functions."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Department of Transportation; Commercial Harbor; Evacuation Orders; Emergencies; Harbor Special Fund
Description:
Requires masters or persons in charge of vessels to follow an order by a harbor master to evacuate a commercial harbor in emergencies. Establishes higher penalties for noncompliance. Includes fines collected for violations to be paid into the Harbor Special Fund. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
