SB140

THE SENATE	S.B. NO.	140
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CIVIL DEFENSE.

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

SECTION 1. The massive 6.7 earthquake off the coast of the Big Island on October 15, 2006, caused several generators on Oahu to shut down because of the shaking, setting off a chain of events that led to an extended power outage for the whole island. Most television and radio stations lost power, causing an inability to transmit vital civil defense messages and other public information. The legislature finds that the lack of information caused a heightened public fear of the unknown.

The purpose of this Act is to require radio and television stations to be equipped with emergency back up power in times of power outages.

SECTION 2. Section 128-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Power outage" means a failure in the supply of electricity, including but not limited to a blackout, causing a temporary cessation in the supply of power."

SECTION 3. Chapter 128, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§128‑ Power outage; duty of radio and television stations; emergency power supply. (a) Beginning November 1, 2007, a radio or television station shall maintain an emergency supply of electrical power, in the event of a power outage, to enable the continuous transmission of civil defense broadcasts and other public information during the power outage for at least a twenty-four hour period.

(b) It is only a violation of this section if a television or radio station fails to transmit during an outage due to failure to install or maintain an emergency supply, or human error in failure to activate the system. Failure to transmit due to physical damage caused by the emergency is not a violation.

(c) Notwithstanding section 128-33, a violation of this section shall be punishable by a fine of $1,000 for each day or fraction thereof, of the violation. The director of civil defense shall enforce this law."

SECTION 4. Section 128-33, Hawaii Revised Statutes, is amended to read as follows:

"§128-33 Penalties prescribed by this chapter additional to other penalties. If conduct prohibited by or under the authority of this chapter is also made unlawful by another or other laws, the offender may be convicted as provided in section 128-32 or for the violation of the other law or laws[.], except as provided in section 128- ."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval, and shall apply to televisions and radio stations beginning September 1, 2007.

INTRODUCED BY:	_____________________________