Bill Text: HI HB1344 | 2015 | Regular Session | Introduced
Bill Title: Department of Defense; Mitigation of Hazardous Situations; News Media Access; Appropriation ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2015-05-01 - Conference Committee Meeting will reconvene on Friday, 05-01-15 at 4:45 pm in Conference Room 312. [HB1344 Detail]
Download: Hawaii-2015-HB1344-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1344 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to mitigation of hazardous situations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that section 127A-18, Hawaii Revised Statutes, authorizes the governor to allow state employees, agents, contractors, or representatives to enter private property to mitigate situations deemed to be hazardous to the health and safety of the public.
The legislature also finds that the Hawaii emergency management agency must have authorization and funding for the hiring of designated personnel to oversee the mitigation of hazardous situations program and carry out the duties identified in section 127A-18, Hawaii Revised Statutes. Currently, there is no funding available to the Hawaii emergency management agency for the hiring of designated personnel to oversee and administer the program.
The purpose of this Act is to provide personnel and funds to the Hawaii emergency management agency in order to effectuate section 127A-18, Hawaii Revised Statutes.
SECTION 2. 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 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) The director shall hire a coordinator and a contracting specialist to oversee all aspects of the program and ensure proper fiscal oversight.
[(e)] (f) This section shall take
effect [only] upon authorization and funding for personnel to administer
the program[.] pursuant to Act , Session Laws of
Hawaii 2015."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the director of the Hawaii emergency management agency to establish one coordinator position and one contracting specialist position pursuant to this Act.
The sums appropriated shall be expended by the department of defense for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2015.
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INTRODUCED BY: |
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Report Title:
Department of Defense; Mitigation of Hazardous Situations
Description:
Authorizes two positions to oversee the mitigation of hazardous situations program in the department of defense and appropriates funding.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
