STAND.
COM. REP. NO. 1040-20
Honolulu, Hawaii
, 2020
RE: S.B. No. 2953
S.D. 2
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Sir:
Your Committee on Water, Land, & Hawaiian Affairs, to which was referred S.B. No. 2953, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO VESSELS,"
begs leave to report as follows:
The
purpose of this measure is to
clarify provisions regarding designation, impoundment, and disposal of
unauthorized, abandoned, grounded, and derelict vessels on state property or in
the waters of the State.
Your Committee finds
that abandoned, grounded, neglected, and derelict vessels pose significant
risks to natural resources and public health and safety. Your Committee further finds that, under
existing law, by the time the Department
of Land and Natural Resources (DLNR) can begin to remove unauthorized,
abandoned, grounded, or derelict vessels, the condition of the vessel has often
deteriorated, further complicating removal efforts and increasing potential
risks to natural resources and public health and safety. This measure amends provisions regarding the
removal and impoundment of such vessels on state property or in state waters to
facilitate faster responses by DLNR.
Your
Committee has amended this measure by:
(1) Removing language allowing DLNR to impound and
dispose any vessel moored, anchored, or stored in the waters of the State that
is in violation of any departmental rule or law;
(2) Requiring the notice to an owner of a vessel
that is in imminent danger of breaking up on certain sites to indicate that the
owner must commence salvage operations, rather than remove the vessel, within
twenty-four hours from the time the notice is posted;
(3) Changing the time in which an administrative
hearing must be held by DLNR from within ten working days to five working days
of delivery of the written request;
(4) Clarifying that a vessel shall be presumed abandoned if the vessel has been moored, anchored, or otherwise left unattended for more than seventy-two hours without a valid use permit;
(5) Changing the effective date to July 1, 2050,
to encourage further discussion; and
(6) Making technical, nonsubstantive amendments
for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Water, Land, & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2953, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2953, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Water, Land, & Hawaiian Affairs,
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____________________________ RYAN I. YAMANE, Chair |
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