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 to part I a new section to be appropriately designated and to read as follows:
"§266- Enforcement of Rules. Any employee or officer, or representative of the department conferred by the director 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 to:
1) remit a fee to the harbors special fund, written on the notice of violation, to forfeit appearing before an administrative hearing to contest the charge against the purported violator as written on the form, or,
2) appear before an administrative hearings and answer to the charge against the purported
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. The department 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] Any employee or officer,
or representative of the department conferred by the director 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,Hawaii Revised Statutes, as amended. 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,] Part I. 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.
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.
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] 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]
In the event 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 enforcement officer shall cause a complaint to be entered against such person and secure the issuance of a warrant for the person's arrest.
When a complaint is made to any prosecuting
officer of the violation of any provision of this part, including any rule [
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 maritime transportation security pursuant to 33 CFR Chapter 1 and
thereby causes a fine to be levied by the United States Coast Guard upon
the department, shall reimburse the department for the entire amount of the
fine. The department may take such actions necessary to collect and deposit
any amount reimbursable under this section[ ,] into the harbors
special fund, and may also demand reimbursement for costs or expenses
incurred by the department resulting from enforcement of this section."
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
Amends chapter 266, Hawaii Revised Statutes, to clarify that persons cited for non-criminal violations are subject to administrative appeal and the not District Court; clarifies that enforcement agents such as the harbor master, harbor agents, facility security officer, or district manager can issue citations for non-criminal violations; provides that penalties and fines are deposited into the Harbor Special Fund; allows Department of Transportation to seek reimbursement from tenants or harbor users that violate security rules in harbor secured areas thereby causes a fine or penalty from the U.S. Coast Guard upon the Department of Transportation.
The issuance of citations for traffic code violations and other criminal statutes are restricted to law enforcement officers and fines and penalties remain in the jurisdiction of the District Courts.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.