Bill Text: HI SB2077 | 2018 | Regular Session | Amended
Bill Title: Relating To Wildlife.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2018-03-16 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) DeCoite, Fukumoto, Har, Holt, Nakashima, Souki, Tokioka excused (7). [SB2077 Detail]
Download: Hawaii-2018-SB2077-Amended.html
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THE SENATE |
S.B. NO. |
2077 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO WILDLIFE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that
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 had their licenses
revoked in Hawaii would be prohibited from engaging in those licensed activities
in another state. The 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. Thus, reciprocity agreements,
such as the interstate wildlife violator compact, are an important part of any
law enforcement effort.
The
legislature further finds that 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. Furthermore, 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 free to member states.
The purpose of this Act is to require the department of land and natural resources to become a member of the interstate wildlife violator compact or similar agreement.
SECTION 2. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§183D- Interstate wildlife violator compact.
(a)
The department shall 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 within one year of the effective date of
Act , Session Laws of Hawaii 2018.
(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) 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
(2) Entitled to
indemnification for any damages arising from legal actions or claims resulting
therefrom;
provided that the department
shall pay for all legal fees.
(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 on July 1, 2060.
Report Title:
Interstate Wildlife Violator Compact; DLNR
Description:
Requires the Department of Land and Natural Resources (DLNR) to enter into the Interstate Wildlife Violator Compact (Compact) or similar agreement for mutual assistance in the enforcement of wildlife laws within one year of the effective date of this Act. Entitles DLNR employees acting within the course and scope of their employment in administering or enforcing the Compact or similar agreement to legal representation for defense of legal actions and indemnification for any damages. Requires DLNR to pay all legal fees associated with defending and indemnifying DLNR employees. (SB2077 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
