Bill Text: HI SB1107 | 2021 | Regular Session | Amended
Bill Title: Relating To The Hawaii Emergency Management Agency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-03-25 - Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and none excused (0). [SB1107 Detail]
Download: Hawaii-2021-SB1107-Amended.html
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THE SENATE |
S.B. NO. |
1107 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII EMERGENCY MANAGEMENT AGENCY.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. Section 127A-18, Hawaii Revised
Statutes, is amended to read as follows:
"[[]§127A-18[]] Mitigation of hazardous situations. (a) Even in the absence of an emergency or
disaster, the governor may authorize designated state employees, agents,
contractors, or representatives to enter private property at reasonable times
to mitigate situations deemed by the governor to be hazardous to the health and
safety of the public; provided that this section shall be applicable only to
the following actions:
(1) Cutting, trimming, or removing dangerous trees
or branches that pose a hazard to other properties;
(2) Stabilizing or removing unstable rock and soil
hazards; [or]
(3) Cleaning streams and waterways to mitigate or
prevent flooding; or [other]
(4) Additional natural hazards;
provided further that at least ten
days' written notice shall be provided to the landowner and to the occupier of
the private property of the governor's intention to authorize designated state
employees, agents, contractors, or representatives to enter the property to mitigate
the hazardous situation; provided further that the landowner or occupier shall
be given a reasonable opportunity to mitigate the hazardous situation without
assistance of the State before designated state employees, agents, contractors,
or representatives may enter the property.
(b)
Written notice sent to the landowner's
last known address by certified mail, postage prepaid, return receipt
requested, shall be deemed sufficient notice. If land ownership cannot be determined, notice
shall be given once in a daily or weekly publication of general circulation in
the county in which any action or proposed action will be taken.
(c)
If entry is refused, the governor may
apply to the district court in the circuit in which the property is located for
a warrant to enter the premises. The
district court may issue a warrant directing the chief of the appropriate
county police to assist the governor in gaining entry onto the premises during
regular working hours or at other reasonable times.
(d)
The governor may seek recovery and
reimbursement, by appropriate proceedings, of all costs and expenses incurred
in the mitigation of a hazardous situation under this section, and any costs
and expenses imposed against any landowner shall be a lien upon the landowner's
property.
(e)
This section shall take effect only upon
authorization and funding for personnel to administer the program.
(f)
There is established in the state
treasury the hazard mitigation special fund, into which shall be deposited:
(1) All revenues from any recovery or
reimbursement pursuant to this section; and
(2) Appropriations made by the legislature for
deposit into the fund.
(g)
Moneys in the hazard mitigation special
fund shall be used for personnel costs and operating and administrative costs
deemed necessary by the agency to administer this section."
SECTION
2. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Hawaii Emergency Management Agency
Description:
Establishes the hazard mitigation special fund for the Hawaii Emergency Management Agency. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
