Bill Text: HI HB2543 | 2018 | Regular Session | Amended
Bill Title: Relating To Emergency Management.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-02-06 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Har, Kong, Souki excused (3). [HB2543 Detail]
Download: Hawaii-2018-HB2543-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2543 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMERGENCY MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§127A- Emergency
management watershed team. (a) There is established within the agency an
emergency management watershed team.
(b) Notwithstanding any other law to the contrary
but subject to subsection (c), the emergency management watershed team shall
have the authority to access any real property within the State for the limited
purpose of clearing the mouth of:
(1) Poki Wai
stream;
(2) Wailoa stream;
(3) Nanakuli
stream;
(4) Ulehawai
stream;
(5) Mailiilii
stream;
(6) Kaupuni stream;
and
(7) Makua stream,
in preparation for the imminent approach of a
hurricane.
(c) The authority of the emergency management
watershed team to act pursuant to subsection (b) shall:
(1) Only be
conferred if the governor has declared that a hurricane poses an imminent
threat to the State; and
(2) Not grant
access to real property controlled by the federal government.
(d) The governor shall appoint, without regard to
chapter 76, employees to serve on the emergency management watershed team,
including a lead officer of the team.
The lead officer and all other team employees shall serve at the
pleasure of the governor.
(e) The lead officer of the emergency management
watershed team may hire contractors to fulfill the team's duties under this
section, pursuant to rules adopted by the governor pursuant to section 127A-25.
(f) Notwithstanding any other law to the
contrary, the emergency management team, its leadership, its employees, any
contractor of the team, and the State shall be immune from criminal and civil
liability for trespass upon any real property in the State; provided that:
(1) The person
entering the property did so pursuant to this section and any applicable rules
adopted by the governor pursuant to section 127A-25; and
(2) Immunity shall not apply regarding trespass upon real property controlled by the federal government."
SECTION 2. 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 2018-2019 to the Hawaii emergency management agency for the purposes of the Act, including the hiring of staff and contractors necessary to assist the agency in the fulfillment of its duties under this Act.
The sum appropriated shall be expended by the Hawaii emergency management agency for the purposes of this Act.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
HEMA; Watershed Team; Hurricanes; Streams; Appropriation
Description:
Establishes within the Hawaii Emergency Management Agency an emergency management watershed team, which shall have the authority to access any state, county, or private real property within the State for the limited purpose of clearing the mouth of certain streams in preparation for the imminent approach of a hurricane. Appropriates funds. (HB2543 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
