Bill Text: HI SB2885 | 2020 | Regular Session | Amended
Bill Title: Relating To The Hawaii Emergency Management Agency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-05-11 - Passed Second Reading and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Thielen excused (1). [SB2885 Detail]
Download: Hawaii-2020-SB2885-Amended.html
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THE SENATE |
S.B. NO. |
2885 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII EMERGENCY MANAGEMENT AGENCY.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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) [This
section] Subsections (a) through (d) shall take effect only upon
authorization and funding for personnel to administer the program.
(f) There is established in the state treasury the
hazard mitigation special fund, into
which shall be deposited:
(1) All revenues
from any recovery or reimbursement pursuant to this section; and
(2) Appropriations
made by the legislature for deposit into the fund.
(g) Moneys in the hazard mitigation special fund
shall be used for personnel costs and operating and administrative costs deemed
necessary by the agency to administer this section."
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 2020-2021 to be deposited into the hazard mitigation special fund
established by section 127A-18, Hawaii Revised Statutes.
SECTION
3. There is appropriated out of the
hazard mitigation special fund the sum of $ or so much thereof as may be necessary for fiscal
year 2020-2021 for the operation and administration of hazard mitigation efforts
pursuant to section 127A-18, Hawaii Revised Statutes.
The
sum appropriated shall be expended by the Hawaii emergency management agency.
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, 2050.
Report Title:
Hawaii Emergency Management Agency; Hazard Mitigation Special Fund; Appropriation
Description:
Establishes and appropriates funds from the hazard mitigation special fund. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
