| 47 | | - | SECTION 1. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§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; 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 the 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. "Harbor master" 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, 2050. |
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| 47 | + | SECTION 1. Chapter 266, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows: "§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 transporation 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; 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) When used in this chapter, unless context otherwise requires: "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 upon its approval. INTRODUCED BY: _____________________________ BY REQUEST |
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