Bill Text: HI HB832 | 2010 | Regular Session | Introduced
Bill Title: Private Streams and Waterways; State Access for Cleaning
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB832 Detail]
Download: Hawaii-2010-HB832-Introduced.html
Report Title:
Private Streams and Waterways; State Access for Cleaning
Description:
Allows Civil Defense, when no emergency exists, to enter on private property to clean streams and waterways at the landowner's expense after giving the landowner notice.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
832 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the cleansing of streams and waterways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 128, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§128- Civil defense powers; streams and waterways. (a) Irrespective of the existence of a civil defense or other emergency, the governor may enter onto private property at reasonable times to clean streams and waterways to mitigate or prevent flooding or other disasters; provided that at least five days notice is given to the landowner and the occupier of any private property of the governor's intention to enter the property to clean the stream or waterway.
(b) Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. In the event that certified mail is impractical because, despite diligent efforts, land ownership cannot be determined, notice shall be given once in a daily or weekly publication of general circulation in the county where any action or proposed action will be taken. A duplicate of the notice shall be left with a tenant or occupant of the property. If the property is unoccupied, notice posted on the property shall be sufficient.
(c) If the cleaning is to be at the expense of the landowner, the notice under subsection (b) shall inform the landowner that the stream or waterway must be cleaned by the landowner at the landowner's expense within the time specified in the notice, and of the governor's intention to enter the property to perform the cleaning at the landowner's expense if the landowner fails to comply. Notwithstanding subsection (b), notice under this subsection shall be provided within a reasonable time. The governor may recover the costs of cleaning by billing the landowner and by any other appropriate proceeding. In no case shall the governor or an agent of the governor be liable for costs in any action or proceeding that may be commenced under this section.
(d) 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 property. The district court may issue a warrant directing a police officer of the circuit to assist the governor in gaining entry onto the property during regular working hours or at other reasonable times."
SECTION 2. Section 127-10, Hawaii Revised Statutes, is amended to read as follows:
"§127-10 Disaster relief during suspension of preceding sections. During any period in which sections 127-1 to 127-9 are not in effect, the governor and political subdivisions may exercise any and all of their powers under chapter 128 or that relate to disasters resulting from enemy attacks, to provide other disaster relief. All provisions of law that relate to disasters resulting from enemy attacks during such period and all provisions of chapter 128 are made applicable to other disaster relief, including without limitation, provisions making or authorizing appropriations or expenditures.
As used in this section, "other
disaster relief" means the preparation for and the carrying out of all
functions, other than functions for which military forces are primarily
responsible, to minimize and repair injury and damage resulting from disasters
caused by fire, flood, tidal wave, volcanic eruption, earthquake, or other
natural causes and major disasters caused by acts of man[,] including [but
not limited to,] massive oil spills, nuclear accidents, airplane crashes
and civil disturbances."
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.
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INTRODUCED BY: |
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