Report Title:
Department of Transportation
Description:
Increases fines imposed on users and tenants who violate chapter 266, HRS, the department's administrative rules, or any lawful command of any harbor master, agent, or district manager. Allows for a full recovery of fines imposed on the DOT for violations of federal and state air and water pollution laws committed by harbor users and tenants. (SD1)
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THE SENATE |
S.B. NO. |
1515 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE DEPARTMENT OF TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that all users and tenants of state harbor and harbor facilities are required to comply with all applicable federal, state, or county laws, ordinances, rules and regulation. Any violation resulting from the acts or omissions by any harbor tenant or user that results in a fine against the state for actions that are under the control or responsibility of a harbor user or tenant should be paid by the violator.
SECTION 2. Section 266-25, Hawaii Revised Statutes, is amended to read as follows:
"§266-25 Violation of
rules; penalty. 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, or harbor
district manager, while in the discharge of the person’s duties, or who
violates this chapter, shall be fined not more than [$10,000] $27,500
for each offense[, and any]. Any vessel, [the agents], agent,
owner, or crew [of which violate] that violates any rule of the
department of transportation as herein provided, or who violates any lawful
command of any harbor master, harbor agent, or harbor district manager,
pertaining to federal, state or county rule or who violates the rules of the
department or this chapter, shall be fined not more than [$10,000] $27,500
for each violation; provided that in addition to or as a condition to the
suspension of the fines and penalties, the court may deprive the offender of
the privilege of operating or mooring any vessel in state waters for a period
of not more than two years."
SECTION 3. Statutory material to be deleted is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.