HOUSE OF REPRESENTATIVES

H.B. NO.

1035

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE INTERSTATE WILDLIFE VIOLATOR COMPACT.

 

 

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

 


     SECTION 1.  The Interstate Wildlife Violator Compact is a multistate agreement that promotes enforcement of hunting, fishing, trapping, and other wildlife related regulations across jurisdictions.  For example, the Interstate Wildlife Violator Compact could prevent wildlife violators who have lost their hunting, fishing, trapping, or other wildlife related privileges in other member states from obtaining a hunting license in Hawaii.  Similarly, persons who have been punished with license revocation in Hawaii would be unable to avoid this punishment by engaging in those activities in another state.  The Interstate Wildlife Violator Compact also establishes a process by which nonresident wildlife law violators can be treated as state residents for purposes of law enforcement, thereby easing the administrative burden on the enforcement agency and reducing enforcement gaps that may allow the violator to fail to comply with the terms of the citation.  Reciprocity agreements such as the Interstate Wildlife Violator Compact are an important part of any law enforcement effort.

     The Interstate Wildlife Violator Compact is modeled after the successful multistate driver license compact and nonresident violator compact.  Hawaii is party to both compacts.

     Forty-eight states have passed legislation necessary to join the Interstate Wildlife Violator Compact.  Existing member states to the Interstate Wildlife Violator Compact have reported little to no added costs or administrative burdens associated with participating in the compact.  The information system that facilitates participation is available for a nominal annual fee ($500) to member states.

     The purpose of this Act is to authorize the department of land and natural resources to enter into the Interstate Wildlife Violator Compact or similar agreement for mutual assistance in the enforcement of wildlife laws.

     SECTION 2.  Chapter 183D, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:

     "§183D-    Interstate wildlife violator compact.  (a)  The department may enter into the interstate wildlife violator compact or similar agreement, whether in the form of a memorandum of understanding, written agreement, or mutual aid compact, with an appropriate state, federal, or foreign entity for mutual assistance in the enforcement of hunting, fishing, and other wildlife laws, rules, or regulations in their respective jurisdictions.

     (b)  Employees of the department who perform an act of omission or commission in administering or enforcing the terms or conditions of the agreement entered into pursuant to subsection (a), if the act is within the course and scope of their employment in administering or enforcing the agreement, shall be:

     (1)  Immune from civil liability for damages;

     (2)  Entitled to legal representation for defense of legal actions in which they are a named party or of claims in which they are implicated; and

     (3)  Entitled to indemnification for any damages arising from legal actions or claims resulting therefrom.

     (c)  The department may adopt rules pursuant to chapter 91 necessary for enforcement of the agreement entered into pursuant to subsection (a)."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Interstate Wildlife Violator Compact

 

Description:

Authorizes the Department of Land and Natural Resources to enter into the Interstate Wildlife Violator Compact or similar agreement for mutual assistance in the enforcement of wildlife laws.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.