THE SENATE

S.B. NO.

1161

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 1

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO VESSELS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§200-    Income withholding.  (a)  Whenever a court of competent jurisdiction grants a judgment or an order to the department pursuant to part III of this chapter, it shall issue a concurrent income withholding order to the clerk of the court.  The income withholding order shall operate as an assignment to the clerk of the court where the concurrent order is entered from the registered or documented owner of the vessel or any person who has an ownership interest in the vessel of the amount and time as specified in the judgment or order; provided that the amount shall not be less than $50 per month.  The amount shall be collected from the registered or documented owner's income due or to become due in the future from the owner's employer or successor employers.  A copy of the income withholding order shall be filed with the clerk of the court in which the order was entered.

     (b)  The income withholding order issued pursuant to subsection (a) shall be effective immediately after service of the order upon the registered or documented owner's employer.  Service of the order may be made personally, by regular mail, or by transmission through electronic means.  The employer shall begin withholding the specified amount in the withholding order no later than the first pay period commencing within seven business days following the date of service of the order to the employer.  The employer shall withhold the amount specified in the income withholding order from the income due to the vessel owner named in the income withholding order that is not required to be withheld by any other provision of federal or state law.

     Within five business days of payment of the vessel owner, the employer shall transmit to the clerk of the court in which the income withholding order was entered as much as may remain payable for the pay period up to the amount specified in the income withholding order.  For each payment made pursuant to an income withholding order, the employer may deduct and retain an additional administrative fee of $2 from the income owed to the vessel owner.  The employer shall immediately inform the court of any change that may affect the income withholding order.

     An employer that is required to withhold amounts from more than one employee may remit to the court a sum total of all amounts owed pursuant to this section in one check with a listing of the amounts applicable for each employee.

     (c)  Compliance by an employer with an income withholding order issued pursuant to subsection (a) shall operate as a discharge of the employer's liability for the portion of earnings withheld and transmitted to the clerk of the court in which the income withholding order is issued, whether or not the employer has withheld the correct amount.  The total amount withheld, including the administrative fee, shall not exceed the maximum amounts permitted under section 303(b) of the Consumer Credit Protection Act, 15 United States Code section 1673(b).  Any income withholding order under this section shall have priority against any garnishment, attachment, execution, other income withholding order, or any other order; provided that the income withheld under this section shall not have priority against income withholding orders pertaining to child support; provided further that the income withheld under this section shall not be subject to the exemptions or restrictions under part III of chapter 651 and chapters 652 and 653.

     An employer that fails to comply with an income withholding order under this section shall be liable for the full amount of all sums ordered to be withheld and transmitted; provided that an employer that complies with an income withholding order that is regular on its face shall not be subject to civil liability for conduct in compliance with the order. 

     (d)  Upon receipt, the clerk of the court in which the order is entered shall disburse the amounts collected pursuant to this section to the department within two business days.

     (e)  An income withholding order shall be terminated when appropriate by court order.  The clerk of the court in which the order is entered shall promptly refund any amount withheld in error to the vessel owner.

     (f)  It shall be unlawful for any employer to refuse to hire, discharge, or take any other disciplinary action against a person based in whole or in part upon an income withholding order or notice of an income withholding order pursuant to this section.  An employer that violates this section shall be guilty of a misdemeanor pursuant to section 710-1077(1)(g).

     (g)  If more than one withholding order or judgment for the same individual exists pursuant to this section, the amounts withheld from income shall be allocated among the orders or judgments.  If concurrent assignment of the orders or judgments would cause the amounts withheld from the income to exceed applicable wage withholding limitations, the amount withheld shall be allocated so that in no case shall the allocation result in a failure to satisfy any of the income withholding orders.

     (h)  If the individual subject to an income withholding order changes employment during the period in which an income withholding order is in effect, the clerk of the court in which the order was entered shall notify the new employer of the income withholding order in accordance with this section.  A new employer shall be bound by the income withholding order until terminated by a subsequent court order.

     (i)  Notwithstanding any other provision of law, for purposes of this section:

     "Business day" means a day on which the employer's office is open for regular business.

     "Income" includes, without limitation, salaries, wages, earnings, workers' compensation, unemployment compensation, disability benefits, commissions income as an independent contractor, any other entitlement to money, including moneys payable as a pension, annuity, retirement, disability, death, or other benefit, and any return of contribution or interest thereon from the United States, the State, or any political subdivision thereof."

     SECTION 2.  Section 200-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  An unauthorized vessel may be impounded by the department at the sole [cost and] risk of the owner of the vessel, if the vessel is not removed after the seventy-two-hour period or if during that period the vessel is removed and remoored in the harbor or mooring or anchorage area or any other state harbor or mooring or anchorage area without a use permit.  The owner of the vessel shall be solely responsible for all costs of the impoundment and the disposal of the vessel.  Any proceeds resulting from the impoundment and the disposal of the unauthorized vessel shall be used first to pay the costs of impoundment and disposal and then to pay any mooring fees due.  If the proceeds resulting from the impoundment and the disposal are inadequate to pay for all costs and mooring fees due, the owner of the vessel shall remain liable for the outstanding costs and mooring fees."

     SECTION 3.  Section 200-31, Hawaii Revised Statutes, is amended to read as follow:

     "[[]§200-31[]]  Vessels required to be registered and numbered.  (a)  Every undocumented vessel shall be registered and numbered before its use or operation on or in the waters of the State on an annual basis in accordance with the rules of the department except:

     (1)  Foreign vessels temporarily using the waters of this State;

     (2)  Public vessels of the United States;

     (3)  Ships' life boats; and

     (4)  Other vessels exempted by the department, if federal laws and requirements permit the department to exempt the vessels.

     (b)  No vessel registration shall be renewed or transferred if:

     (1)  The registered owner is delinquent in payment of any moneys due and payable to the department;

     (2)  The registered owner has a pending citation for violation of any of the department's rules; or

     (3)  The registered owner's vessel is an abandoned vessel, grounded vessel, derelict vessel, unauthorized vessel, or vessel impounded under section 200-16.  All fees and charges relating to the vessel impound as well as any other fees associated with the vessel shall be paid in full prior to the vessel registration being renewed or transferred."

     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, 2030.


 


 

Report Title:

Impounded Vessels; Vessel Registration

 

Description:

Allows a court to withhold income for violations of laws regarding abandoned vessels.  Clarifies that all costs and expenses associated with the impoundment and disposal of an unauthorized vessel by the Department of Land and Natural Resources shall be borne by the vessel owner and clarifies circumstances when no vessel registration shall be renewed or transferred.  Effective July 1, 2030.  (SB1161 HD2)

 

 

 

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