Bill Text: HI SB573 | 2016 | Regular Session | Introduced

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Bill Title: Board of Land and Natural Resources; Duties; Drownings; Appropriation ($)

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-01-21 - Re-Referred to WLA/PSM, WAM. [SB573 Detail]

Download: Hawaii-2016-SB573-Introduced.html

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THE SENATE	S.B. NO.	573
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO OCEAN SAFETY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§46-    Ocean safety; risk of drowning; posting of signage; provision of personal flotation devices for minors.  (a)  Each county shall ensure that adequate signage is posted on all county beaches that may pose a risk of drowning due to dangerous shoreline conditions; provided that a sign warning of the risk of drowning shall be conclusively presumed to be a legally adequate warning of the dangerous conditions of which the sign or signs warn, if the county posts a sign or signs warning of the dangerous conditions and the design and placement of the warning sign or signs are approved by the appropriate county agency.

     (b)  Each county shall establish a children's personal flotation device loan program to provide life vests for minors up to age      , to use at county beaches while in the water; provided that a county may enlist private resources and private sponsors for the purpose of this subsection."

     SECTION 2.  Section 171-7, Hawaii Revised Statutes, is amended to read as follows:

     "§171-7  General duties of the board.  Except as provided by law the board of land and natural resources through the chairperson shall:

     (1)  Maintain an accurate inventory of public lands;

     (2)  Prevent illegal activities on, unlawful occupation of, or trespassing on public lands;

     (3)  Cause all trespassers and persons unlawfully occupying public lands, and their effects, and all animals trespassing on the lands to be removed therefrom and to impound the animals according to law;

     (4)  Enter on any public land in order to take possession thereof, and to resume possession of any public land in case of surrender, forfeiture, or escheat;

     (5)  Enforce contracts respecting sales, leases, licenses, permits, or other disposition of public lands;

     (6)  Conduct all public auctions and sales pertaining to the disposition of public lands and other property authorized by the board;

     (7)  Recover money due the State for damage done to any public lands by wrongful entry and occupation or by wrongful removal therefrom or destruction of any property;

     (8)  Bring such actions and proceedings as may be necessary to carry out the powers and duties of the board in the name of the State and to defend such actions brought against the State as may be authorized;

     (9)  Keep a record of all official transactions, relating to public lands within the chairperson's jurisdiction and such record shall be a public record;

    (10)  Administer oaths in all matters pertaining to the administration of the public lands[.];

    (11)  Provide or cause to be provided an information sheet to arriving tourists concerning awareness of drowning in the State's beaches;

    (12)  Ensure that adequate signage is posted on all state beaches that may pose a risk of drowning due to dangerous shoreline conditions; provided that a sign warning of the risk of drowning shall be conclusively presumed to be a legally adequate warning of the dangerous conditions of which the sign or signs warn, if the State posts a sign or signs warning of the dangerous conditions and the design and placement of the warning sign or signs are approved by the board; and

    (13)  Establish a children's personal flotation device loan program to provide life vests for minors up to age      , to use at state beaches while in the water; provided that the board may enlist private resources and private sponsors for the purpose of this paragraph."

     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 counties to implement the signage requirements pursuant to this Act.

     The sums appropriated shall be expended by the counties for the purposes of this Act.

     SECTION 4.  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 board of land and natural resources to implement the signage requirements pursuant to this Act.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 5.  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 each county to implement a children's personal flotation device loan program pursuant to this Act.

     The sums appropriated shall be expended by the counties for the purposes of this Act.

     SECTION 6.  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 board of land and natural resources to implement a children's personal flotation device loan program pursuant to this Act.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Board of Land and Natural Resources; Duties; Drownings; Appropriation

 

Description:

Requires the BLNR to provide an information sheet to arriving tourists concerning awareness of drowning in the State's beaches.  Requires the BLNR in the case of the State and each county in the case of counties to ensure that adequate signage is posted at all beaches that may pose a risk of drowning due to dangerous shoreline conditions.  Requires the BLNR in the case of state beaches and each county in the case of county beaches to establish a children's personal flotation device loan program to provide life vests for minors up to an unspecified age.  Appropriates funds to the counties and DLNR for implementation.

 

 

 

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