HOUSE OF REPRESENTATIVES
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE COMMERCIAL HARBORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§266- Enforcement of rules. Any employee or officer, or representative of the department of transportation conferred by the director of transportation as an enforcement officer or harbor agent, shall enforce any rule adopted pursuant to this part, with the issuance of a notice of violation to the purported violator. The printed notice of violation shall inform the purported violator in writing:
(1) Of the charge against the purported violator; and
(2) That the purported violator shall either:
(A) Remit a fee to the harbor special fund in lieu of appearing at an administrative hearing to contest the charge against the purported violator, whereupon the purported violator will forfeit the opportunity to appear at an administrative hearing; or
(B) Appear before an administrative hearing and answer to the charge against the purported violator.
In the event the purported violator elects to appear before an administrative hearing, the purported violator shall have ten calendar days after receipt of the notice of the violation to request in writing an administrative hearing. The administrative hearing is solely for the purpose of allowing the purported violator to contest the basis of the given notice of violation by the department of transportation. The department of transportation shall schedule the administrative hearing within thirty days of the department's receipt of the written request, excluding Saturdays, Sundays, and holidays designated under section 8-1."
SECTION 2. Section 266-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is created in the treasury of
the State the harbor special fund. All moneys received by the department of
transportation from the rates [
and], fees, fines, and
penalties pursuant to section 266-17(a)(1), section 266-25, and section
266-28 shall be paid into the harbor special fund. The harbor special fund
and the second separate harbor special fund heretofore created shall be
consolidated into the harbor special fund at such time as there are no longer
any revenue bonds payable from the second separate harbor special fund. The
harbor reserve fund heretofore created is abolished.
All moneys derived pursuant to this chapter
from harbor properties of the statewide system of harbors [
properties principally used for recreation or the landing of fish, except
properties located at Kewalo Basin, ewa of Ala Moana Park, Honolulu)] shall
be paid into the harbor special fund and each fiscal year shall be
appropriated, applied, or expended by the department of transportation for the
statewide system of harbors for any purpose within the jurisdiction, powers,
duties, and functions of the department of transportation related to the
statewide system of harbors [ (excluding properties principally used for
recreation or the landing of fish, except the properties located at Kewalo
Basin, ewa of Ala Moana Park, Honolulu)], including, without limitation,
the costs of operation, maintenance, and repair of the statewide system
of harbors and reserves therefor, and acquisitions (including real property and
interests therein), constructions, additions, expansions, improvements,
renewals, replacements, reconstruction, engineering, investigation, and
planning, for the statewide system of harbors, all or any of which in the
judgment of the department of transportation are necessary to the performance
of its duties or functions."
SECTION 3. Section 266-24.1, Hawaii Revised Statutes, is amended to read as follows:
"§266-24.1 Arrest or citation. [
when required by state law to take immediately] (a) Any employee or
officer, or representative of the department of transportation conferred by the
director of transportation as a law enforcement officer with police powers
shall enforce any rule adopted pursuant to part I and state law pursuant to chapters
287 through 291E, 705, 707 through 710, 712, and 712A. The law enforcement
officer shall take immediately before a district judge, a person issued
a citation or arrested for a violation of any provision of this part,
including any rule [ or regulation] adopted [ and promulgated]
pursuant to this part[ , any]. Any person authorized under
this section with police powers to enforce the provisions of this part,
hereinafter referred to as law enforcement officer, upon issuing a
citation or arresting a person for [ violation of] violating
any provision of this part, including any rule [ or regulation] adopted [ and
promulgated] pursuant to this part, shall, in the discretion of the law
enforcement officer, either (1) issue to the purported violator a summons or
citation, printed in the form hereinafter described, warning the purported
violator to appear and answer to the charge against the purported violator at a
certain place and at a time within seven days after such arrest, or (2) take
the purported violator without unnecessary delay before a district judge.
(b) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to provide for inclusion of all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district courts.
(c) The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.
Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.
Any] (d) Except for the enforcement
of state law pursuant to chapters 287 through 291E, 705, 707 through 710, 712,
and 712A, any person who fails to appear at the place and within the time
specified in the summons or citation issued to the person by the law
enforcement officer, upon the person's arrest for violation of any provision of
this part, including any rule [ or regulation promulgated] adopted
pursuant to this part, shall be guilty of a misdemeanor and, on conviction,
shall be fined not more than $1,000, or be imprisoned not more than six months,
In the event] (e) If any
person fails to comply with a summons or citation issued to such person, or if
any person fails or refuses to deposit bail as required, the law enforcement
officer shall cause a complaint to be entered against [ such] the
person and secure the issuance of a warrant for the person's arrest.
(f) When a complaint is made to any
prosecuting officer of the violation of any provision of this part, including
any rule [
or regulation promulgated] adopted thereunder, the law
enforcement officer who issued the summons or citation shall subscribe to it
under oath administered by another official of the department of transportation
whose names have been submitted to the prosecuting officer and who have been
designated by the director of transportation to administer the same."
SECTION 4. Section 266-25, Hawaii Revised Statutes, is amended to read as follows:
"§266-25 Violation of rules; penalty.
In addition to the reimbursement of fines and costs as provided in section
266-28, any person who violates any rule made, adopted, and published by the
department of transportation as herein provided, or who violates any lawful
command of any harbor master, harbor agent, facility security officer,
or harbor district manager, while in the discharge of the person's duty, or who
violates this chapter, shall be fined not more than $10,000 for each offense,
and any vessel, the agents, owner, or crew of which violate the rules of the
department or this chapter, shall be fined not more than $10,000 for each
violation; provided that in addition to or as a condition to the suspension of
the fines and penalties, the court or administrative hearings officer
may deprive the offender of the privilege of entering the secured area of
the port or obtaining an operating or mooring permit for any vessel
in state waters for a period of not more than [
two years.] one year;
provided further that the offender at the resumption of the privilege of
operating or mooring a vessel in state waters shall assume the last position on
any waiting list."
SECTION 5. Section 266-28, Hawaii Revised Statutes, is amended to read as follows:
§266-28[ ]] Fines
arising from environmental protection and maritime transportation security
violations. Notwithstanding any other law to the contrary, any commercial
harbor tenant or user, including any shipper or shipping agent, who violates
any federal, state, or county law or rule relating to environmental protection [ and]
or maritime transportation security pursuant to Title 33 Code of Federal
Regulations chapter 1 and thereby causes a fine to be levied by the
United States Coast Guard upon the department[ ,] of
transportation, shall reimburse the department for the entire amount of the
fine. The department of transportation may take such actions necessary
to collect and deposit any amount reimbursable under this section[ ,]
into the harbor special fund, and may also demand reimbursement for
costs or expenses incurred by the department resulting from enforcement of this
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Department of Transportation, Harbors; Administrative Violations of Rules; Reimbursement from Tenant for Security Violations
Clarifies that non-criminal violations are subject to administrative appeal and that enforcement agents can issue citations for criminal violations. Requires penalties and fines to be deposited into the Harbor Special Fund. Allows the Department of Transportation (DOT) to seek reimbursement from tenants or harbor users for security violations resulting in a fine or penalty on the DOT from the U.S. Coast Guard. (HB2614 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.