Report Title:

Conservation and Resources

 

Description:

Transfers the conservation and resources enforcement program from the department of land and natural resources to the department of public safety. Effective 7/1/50. (SD2)

 


THE SENATE

S.B. NO.

1315

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 2

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CONSERVATION AND RESOURCES ENFORCEMENT PROGRAM.

 

 

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

 


SECTION 1. Section 199-1, Hawaii Revised Statutes, is amended to read as follows:

"199-1 [Board of land and natural resources,] Department of public safety; powers and duties. The [board of land and natural resources shall establish within the department of land and natural resources a ] department of public safety shall have jurisdiction over the conservation and resources enforcement program relating to the enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, and shall employ or appoint, and remove, the following persons, subject to chapter 76 and section 78-1, who shall be provided with suitable badges or insignia of office by the [department of land and natural resources:] department of public safety:

(1) [An enforcement chief of the department of land and natural resources,] A deputy director of public safety, who shall be the head of the conservation and resources enforcement program and shall have charge, direction, and control, subject to the direction and control of the [board,] director of public safety of all matters relating to the enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder and such other matters as the [board] director of public safety may from time to time direct[. The enforcement chief shall be an administrator experienced in conservation and resources law enforcement and management]; and

(2) Personnel and enforcement officers of the conservation and resources enforcement program, including but not limited to enforcement officers on a voluntary basis and without pay."

SECTION 2. Section 199-4, Hawaii Revised Statutes, is amended as follows:

1. By amending its title to read:

"199-4 [Board of land and natural resources,] Department of public safety; police powers."

2. By amending subsection (a) to read:

"(a) The [board of land and natural resources] department of public safety shall have police powers and may appoint and commission enforcement officers within the conservation and resources enforcement program. Persons appointed and commissioned under this section shall have and may exercise all of the powers and authority of a police officer, including the power of arrest, and in addition to enforcing title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, may enforce all other state laws and rules, and county ordinances within all lands and waters of the State; provided that [such] the powers shall remain in force and effect only while in actual performance of their duties, which shall include off-duty employment when [such] that employment is for other state departments or agencies. These enforcement officers shall consist of personnel whose primary duty [will] shall be the enforcement of title 12, chapters 6D, 6E, and 6K, and the rules adopted thereunder within the areas under the jurisdiction of the department of [land and natural resources.] public safety."

SECTION 3. Section 199-6, Hawaii Revised Statutes, is amended to read as follows:

"199-6 Failure to obey a summons. (a) Any person who fails to appear at the place and within the time specified in the summons or citation issued by the officers or their agents or subordinates, upon that person's arrest for violation of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, shall be guilty of a petty misdemeanor and, upon conviction, shall be fined not more than $500 or be imprisoned not more than thirty days, or both.

If any person fails to comply with a summons or citation issued, or if any person fails or refuses to deposit bail as required and within the time permitted, the officers shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest.

(b) When a complaint is made to any prosecuting officer of the violation of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, the officer who issued the summons or citation shall subscribe to it under oath administered by another official or officials of the department of [land and natural resources] public safety whose names have been submitted to the prosecuting officer and who have been designated by the [chairperson of the board of land and natural resources] director of public safety to administer [the same.] oaths."

SECTION 4. Section 199-7, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Any police officer or agent of the department of [land and natural resources] public safety upon whom the [board of land and natural resources] director of public safety has conferred powers of police officers, shall have the authority to conduct searches on probable cause as provided by law and to seize any equipment, article, instrument, aircraft, vehicle, vessel, business records, or natural resource used or taken in violation of the provisions contained in chapters 6D, 6E, and 6K, or title 12, or any rules adopted thereunder. For purposes of this section, "natural resource" includes any archaeological artifacts, minerals, any aquatic life or wildlife or parts thereof, including their eggs, and any land plants or parts thereof, including seeds."

2. By amending subsections (c) and (d) to read:

"(c) The department of [land and natural resources] public safety shall compile a list of all equipment, articles, instruments, aircraft, vehicles, vessels, or any natural resource forfeited as provided in this section and shall publish the list in its annual report.

(d) Notwithstanding any other law to the contrary, the department of [land and natural resources] public safety may sell or take actions to cause the sale of any perishable natural resource that is seized to prevent the waste of the natural resource and to ensure the economic value of [such] the natural resource; provided that the department may not sell or cause the sale of any threatened or endangered species or any other species whose sale is prohibited by law. The department of [land and natural resources] public safety may require the person or persons who took the natural resources to sell the seized natural resources at fair market value. The department of [land and natural resources] public safety may require any person purchasing any seized natural resource to deliver the proceeds of the sale to the department of [land and natural resources] public safety or its authorized representative. Any person who refuses to sell the seized natural resources at fair market value or any person who fails to deliver the proceeds of the sale, as directed by the department of [land and natural resources,] public safety shall be in violation of this subsection and punishable as provided by law. The department of [land and natural resources] public safety shall deposit and keep the proceeds of the sale in an interest bearing account until such time as the suspected violation is settled between the person or persons who took the natural resource, consignee or consignees, if any, and the department of [land and natural resources.] public safety. Should a settlement not be reached, the department of [land and natural resources] public safety shall submit the proceeds of the sale to the court. The proceeds of the sale, after deducting any reasonable costs of the sale incurred by the department of [land and natural resources,] public safety, shall be subject to any administrative or judicial proceedings in the same manner as the seized natural resource would have been, including an action in rem for the forfeiture of the proceeds. Seizure and sale of a natural resource is without prejudice to any other remedy or sanction authorized by law."

SECTION 5. Section 199D-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established, within the department of [land and natural resources,] public safety, a civil natural resource violations system, whose purpose shall be to process violations of departmental regulations for which administrative penalties have been authorized by law or rules adopted thereunder."

SECTION 6. Section 199-2, Hawaii Revised Statutes, is repealed.

["199-2 Board of land and natural resources, delegation of authority. The board of land and natural resources may delegate to enforcement officers within the conservation and resources enforcement program, such authority as may be required for enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder."]

SECTION 7. All administrative rules adopted by the board of land and natural resources relating to chapter 199, Hawaii Revised Statutes, shall be deemed to be in effect under the department of public safety as of the effective date of this Act until such time as these rules are amended or repealed by the director of public safety; provided that the director of public safety may adopt rules as provided under section 353C-2, Hawaii Revised Statutes.

SECTION 8. All rights, powers, functions, and duties of the department of land and natural resources, conservation and resources enforcement division, are transferred to the department of public safety.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and the officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 9. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources, conservation and resources enforcement division, relating to the functions transferred to the department of public safety shall be transferred with the functions to which they relate.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect on July 1, 2050.