REPORT TITLE:
Boating and Ocean Recreation


DESCRIPTION:
Grants citation and police powers within the department of land
and natural resources' ocean recreation and coastal areas
programs.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            808         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO OCEAN RECREATION AND COASTAL AREAS PROGRAMS.



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

 1      SECTION 1.  Chapter 200, Hawaii Revised Statutes, is amended
 
 2 by adding three new sections to part I to be appropriately
 
 3 designated and to read as follows:
 
 4      "§200-    Ocean recreation and coastal areas enforcement
 
 5 program, police powers.  The board of land and natural resources
 
 6 shall have police powers and may appoint and commission
 
 7 enforcement officers within the ocean recreation and coastal
 
 8 areas enforcement program.  Persons appointed and commissioned
 
 9 under this section shall have and may exercise all of the powers
 
10 and authority of a police officer, including the power of arrest,
 
11 and shall enforce all state laws and rules, and county ordinances
 
12 within all lands and waters within its jurisdiction.
 
13      §200-    Arrest or citation.  (a)  Except when required by
 
14 state law to take immediately before a district judge a person
 
15 arrested for a violation of any provision of this part, including
 
16 any rule adopted pursuant to this part, an ocean recreation and
 
17 coastal areas enforcement officer, hereinafter referred to as an
 
18 enforcement officer, upon arresting a person for violation of any
 
19 provision of this chapter, including any rule adopted pursuant to
 

 
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 1 this part, in the discretion of the enforcement officer, shall
 
 2 either:
 
 3      (1)  Issue to the purported violator a summons or citation,
 
 4           printed in the form described, warning the purported
 
 5           violator to appear and answer to the charge against the
 
 6           purported violator at a certain place and at a time
 
 7           within seven days after such arrest; or
 
 8      (2)  Take the purported violator without unnecessary delay
 
 9           before a district judge.
 
10      (b)  The summons or citation shall be printed in a form
 
11 comparable to the form of other summonses and citations used for
 
12 arresting offenders and shall be designed to provide for
 
13 inclusion of all necessary information.  The form and content of
 
14 such summons or citation shall be adopted or prescribed by the
 
15 district courts.
 
16      The original of the summons or citation shall be given to
 
17 the purported violator and the other copy or copies distributed
 
18 in the manner prescribed by the district courts; provided that
 
19 the district courts may prescribe alternative methods of
 
20 distribution for the original and any other copies.
 
21      Summonses and citations shall be consecutively numbered and
 
22 the carbon copy or copies of each shall bear the same number.
 
23      (c)  Any person who fails to appear at the place and within
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 the time specified in the summons or citation issued to the
 
 2 person by the enforcement officer, upon the person's arrest for
 
 3 violation of any provision of this part, including any rule
 
 4 adopted pursuant to this part, shall be guilty of a misdemeanor.
 
 5      In the event any person fails to comply with a summons or
 
 6 citation issued to that person, or if any person fails or refuses
 
 7 to deposit bail as required, the enforcement officer shall cause
 
 8 a complaint to be entered against that person and secure the
 
 9 issuance of a warrant for the person's arrest.
 
10      (d)  When a complaint is made to any prosecuting officer of
 
11 the violation of any provision of this part, including any rule
 
12 adopted thereunder, the enforcement officer who issued the
 
13 summons or citation shall subscribe to it under oath administered
 
14 by another official of the department whose name has been
 
15 submitted to the prosecuting officer and who has been designated
 
16 by the chairperson to administer the same.
 
17      §200-    Search and seizure; forfeiture of property.  (a)
 
18 Any police officer or agent of the department of land and natural
 
19 resources upon whom the board of land and natural resources has
 
20 conferred powers of police officers under this chapter may
 
21 conduct searches on probable cause as provided by law and may
 
22 seize any equipment, article, instrument, vehicle, vessel,
 
23 business records, or natural resource used or taken in violation
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 of this chapter or any rules adopted thereunder.  For purposes of
 
 2 this section, "natural resource" includes any archaeological
 
 3 artifacts, minerals, any aquatic life or wildlife or parts
 
 4 thereof, including their eggs, and any shoreline plants or parts
 
 5 thereof, including seeds.
 
 6      (b)  Any equipment, article, instrument, aircraft, vehicle,
 
 7 vessel, business records, or natural resource seized is subject
 
 8 to forfeiture pursuant to chapter 712A.  Notwithstanding
 
 9 section 712A-16 or any other law to the contrary, any natural
 
10 resource forfeited shall be turned over to the department of land
 
11 and natural resources for disposition as determined by that
 
12 department and may be destroyed, if illegal, or may be kept and
 
13 retained and utilized by the department of land and natural
 
14 resources or any other state agency, or if not needed or required
 
15 by the department or other state agency, may be sold at public
 
16 auction in the judicial circuit in which it was seized, the
 
17 auction to be held once annually at a place and time to be
 
18 designated by the department and public notice thereof to be
 
19 given within the judicial circuit at least once before the
 
20 auction, the first notice to be not less than twenty days prior
 
21 to the auction.  The auction shall be conducted by a person other
 
22 than an employee of the department but designated by the
 
23 department.
 

 
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 1      (c)  The department of land and natural resources shall
 
 2 compile a list of all equipment, articles, instruments, vehicles,
 
 3 vessels, or any natural resource forfeited as provided in this
 
 4 section and shall publish the list in its annual report."
 
 5      SECTION 2.  Section 200-2, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§200-2 Board of land and natural resources, powers and
 
 8 duties[.]; delegation of authority.  The board shall have the
 
 9 primary responsibility for administering the ocean recreation and
 
10 coastal areas programs and performing the functions heretofore
 
11 performed by the department of transportation and the department
 
12 of public safety in the areas of boating safety, conservation,
 
13 search and rescue, and security of small boat harbor environs. 
 
14      The board may delegate to enforcement officers within the
 
15 ocean recreation and coastal areas programs, such authority as
 
16 may be required for enforcement of state ocean recreation and
 
17 coastal areas laws and rules adopted thereunder.  In addition to
 
18 other powers delegated under this chapter, the enforcement
 
19 officers shall:
 
20      (1)  Enforce this chapter and the rules adopted thereunder;
 
21      (2)  Investigate complaints, gather evidence, conduct
 
22           investigations, and conduct field observations and
 
23           inspections as required or assigned; and
 

 
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 1      (3)  Check and verify all permits issued by the department
 
 2           under this chapter."
 
 3      SECTION 3.  Section 200-26, Hawaii Revised Statutes, is
 
 4 repealed.
 
 5      ["[§200-26]  Arrest or citation.  (a)  Except when required
 
 6 by state law to take immediately before a district judge a person
 
 7 arrested for a violation of any provision of this part, including
 
 8 any rule adopted pursuant to this part, any person authorized to
 
 9 enforce this part, hereinafter referred to as an enforcement
 
10 officer, upon arresting a person for violation of any provision
 
11 of this part, including any rule adopted pursuant to this part,
 
12 in the discretion of the enforcement officer, shall either:
 
13      (1)  Issue to the purported violator a summons or citation,
 
14           printed in the form described, warning the purported
 
15           violator to appear and answer to the charge against the
 
16           purported violator at a certain place and at a time
 
17           within seven days after such arrest; or
 
18      (2)  Take the purported violator without unnecessary delay
 
19           before a district judge.
 
20      (b)  The summons or citation shall be printed in a form
 
21 comparable to the form of other summonses and citations used for
 
22 arresting offenders and shall be designed to provide for
 
23 inclusion of all necessary information.  The form and content of
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 such summons or citation shall be adopted or prescribed by the
 
 2 district courts.
 
 3      The original of the summons or citation shall be given to
 
 4 the purported violator and the other copy or copies distributed
 
 5 in the manner prescribed by the district courts; provided that
 
 6 the district courts may prescribe alternative methods of
 
 7 distribution for the original and any other copies.
 
 8      Summonses and citations shall be consecutively numbered and
 
 9 the carbon copy or copies of each shall bear the same number.
 
10      (c)  Any person who fails to appear at the place and within
 
11 the time specified in the summons or citation issued to the
 
12 person by the enforcement officer, upon the person's arrest for
 
13 violation of any provision of this part, including any rule
 
14 adopted pursuant to this part, shall be guilty of a misdemeanor.
 
15      In the event any person fails to comply with a summons or
 
16 citation issued to that person, or if any person fails or refuses
 
17 to deposit bail as required, the enforcement officer shall cause
 
18 a complaint to be entered against that person and secure the
 
19 issuance of a warrant for the person's arrest.
 
20      (d)  When a complaint is made to any prosecuting officer of
 
21 the violation of any provision of this part, including any rule
 
22 adopted thereunder, the enforcement officer who issued the
 
23 summons or citation shall subscribe to it under oath administered
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 by another official of the department whose name has been
 
 2 submitted to the prosecuting officer and who has been designated
 
 3 by the chairperson to administer the same."]
 
 4      SECTION 4.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 5.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________