THE SENATE |
S.B. NO. |
2077 |
TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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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 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 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. The legislature finds
that 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-seven states have passed legislation
necessary to join the interstate wildlife violator compact.
The
legislature further finds that 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 allow 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 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. 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 2018-2019 for the department of land and natural resources to enter into the interstate wildlife violator compact or similar agreement.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2018.
INTRODUCED BY: |
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Report Title:
Wildlife; DLNR; Multi-jurisdictional Agreement; Interstate Wildlife Violator Compact; Appropriation
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. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.