Report Title:

Division of Conservation and Resources Enforcement

 

Description:

Requires the department of land and natural resources and the department of public safety to enter into a memorandum of agreement for the department of public safety to provide assistance in enforcing laws over which the department of land and natural resources has jurisdiction.  Appropriates funds to the department of land and natural resources to implement the recommendations made by the office of the auditor relating to enforcement.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1847

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to Conservation and Resources enforcement.

 

 

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

 


     SECTION 1.  The legislature finds that Hawaii's natural resources are not sufficiently protected.  As described in detail in a recent report by the office of the auditor, there is constant and devastating abuse of natural and cultural resources in the state, caused mainly by a lack of law enforcement.  The legislature further finds that noncompliance with laws and rules contributes to the deterioration of resources and puts public safety at risk.  The legislature believes that more efficient methods for performing enforcement operations are necessary to maintain Hawaii's limited natural and cultural resources.

     The legislature recognizes that the division of conservation and resources enforcement is ill-equipped and underfunded and currently not capable of enforcing and prosecuting the manifold violations occurring constantly.  The legislature further recognizes that pursuant to section 199-3(b), Hawaii Revised Statutes, law enforcement personnel of the department of public safety and other law enforcement agencies are required to assist the department of land and natural resources with enforcement of the laws under the jurisdiction of the department of land and natural resources.

     As an interim stop gap measure, the legislature believes it is necessary that the department of land and natural resources and the department of public safety enter into a memorandum of agreement, in which the departments clarify how the department of public safety can most efficiently and effectively assist the division of conservation and resources enforcement in carrying out its duties.

     SECTION 2.  Section 353C-2, Hawaii Revised Statutes, is amended to read as follows:

     "§353C-2  Director of public safety; powers and duties.  (a)  The director of public safety shall administer the public safety programs of the department of public safety and shall be responsible for the formulation and implementation of state goals and objectives for correctional and law enforcement programs, including ensuring that correctional facilities and correctional services meet the present and future needs of persons committed to the correctional facilities.  In the administration of these programs, the director may:

     (1)  Preserve the public peace, prevent crime, detect and arrest offenders against the law, protect the rights of persons and property, and enforce and prevent violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;

     (2)  Train, equip, maintain, and supervise the force of public safety officers, including law enforcement and correctional personnel, and other employees of the department;

     (3)  Serve process both in civil and criminal proceedings;

     (4)  Perform other duties as may be required by law;

     (5)  Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of public safety programs; and

     (6)  Enter into contracts in behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department.

     (b)  If requested by the department of land and natural resources to assist with enforcement of laws under the jurisdiction of that department, the director of public safety shall provide assistance within the limits of available resources, and department of public safety personnel may provide law enforcement assistance on all state lands, including public lands, state parks, forest reserves, forests, aquatic life and wildlife areas, the Kaho`olawe island reserve, and any other lands and waters within the state."

     SECtION 3.  The department of land and natural resources and the department of public safety shall enter into a memorandum of agreement for law enforcement personnel of the department of public safety to assist the division of conservation and resources enforcement of the department of land and natural resources in enforcing the laws and rules listed in section 199-3(b), Hawaii Revised Statutes.

     The department of land and natural resources shall report to the legislature twenty days prior to the convening of the regular sessions of 2008, 2009, and 2010 on progress made pursuant to the memorandum of agreement and recommendations to improve operations thereunder.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 for the division of conservation and resources enforcement to implement the recommendations made in the office of the auditor's report 06-01.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

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

     SECTION 6.  This Act shall take effect on July 1, 2050.