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THE SENATE |
S.C.R. NO. |
147 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
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STATE OF HAWAII |
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RESOLUTION
REQUESTING THE AUDITOR TO CONDUCT A financial and MANAGEMENT AUDIT OF the DEPARTMENT OF LAND AND NATURAL RESOURCES division of conservation and resources enforcement.
WHEREAS, the Department of Land and Natural Resources Division of Conservation and Resources Enforcement is charged with the responsibility of enforcing conservation and resources laws under Title 12, chapters 6D, 6E, and 6K, Hawaii Revised Statutes, and any rules adopted thereunder; and
WHEREAS, conservation and resources enforcement officers' scope of authority includes enforcement activities over all state lands, including public lands, state parks, forest reserves, forests, aquatic life and wildlife areas, the Kaho‘olawe Island Reserve, and any other lands and waters within the State; and
WHEREAS, pursuant to section 199-4, Hawaii Revised Statutes, conservation and resources enforcement officers have police powers delegated to them through the authority vested in the Board of Land and Natural Resources; and
WHEREAS, conservation and resources enforcement officers' duties include:
(1) Enforcing Title 12, chapters 6D, 6E, and 6K, Hawaii Revised Statutes, and rules adopted thereunder;
(2) Investigating complaints, gathering evidence, conducting investigations, and conducting field observations and inspections as required or assigned;
(3) Cooperating with enforcement authorities of the State, counties, and federal government in development of programs and mutual aid agreements for conservation and resources enforcement activities within the State;
(4) Cooperating with established search and rescue agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for search and rescue activities within the State;
(5) Checking and verifying all leases, permits, and licenses issued by the Department of Land and Natural Resources;
(6) Enforcing the laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134, Hawaii Revised Statutes;
(7) Enforcing the laws in chapter 291E, Hawaii Revised Statutes, relating to operating a vessel on or in the waters of the State while using intoxicants;
(8) Enforcing whether through a specifically designated marine patrol or otherwise, the rules in the areas of boating safety, conservation, and search and rescue relative to the control and management of boating facilities owned or controlled by the State, ocean waters, and navigable streams and any activities thereon or therein, and beaches encumbered with easements in favor of the public, and the rules regulating vessels and their use in the waters of the State; and
(9) Carrying out other duties and responsibilities as the Board of Land and Natural Resources from time to time may direct;
and
WHEREAS, based on the events of September 11, 2001, and the wars in Iraq and Afghanistan, the efficient management and use of all officers of the State with police powers becomes even more critical as these officers may someday be called upon to provide critical roles in emergency situations; and
WHEREAS, funding of the Division of Conservation and Resource Enforcement is currently disproportionately shared amongst the divisions that it services; and
WHEREAS, there are inconsistencies between districts regarding the policies and practices of providing copies of enforcement reports to the divisions that the Division of Conservation and Resource Enforcement services; and
WHEREAS, no written agreements exist between the Division of Conservation and Resource Enforcement and the divisions that it serves; and
WHEREAS, there is no method to measure the effectiveness of conservation and resource enforcement efforts in the protection of natural resources; and
WHEREAS, it would be beneficial to define the role and responsibility of the Division of Conservation and Resource Enforcement in homeland security matters; and
WHEREAS, there exists conflicting interpretations of enforcement responsibilities between the Division of Conservation and Resource Enforcement and county police departments on state property; and
WHEREAS, there is no scheduling agreement between the Judiciary and the Division of Conservation and Resource Enforcement, resulting in the expiration of a bail schedule and officers having to spend more time in court on minor violations; and
WHEREAS, a financial and management audit of the Department of Land and Natural Resources Division of Conservation and Resources Enforcement's fiscal and management practices would serve as an objective baseline to determine whether the Division is being effectively administered or if improvements need to be made; and
WHEREAS, an audit of the Department of Land and Natural Resources Division of Conservation and Resources Enforcement would further serve to clarify, augment, and improve the manner in which the enforcement officers interact with other Department of Land and Natural Resources divisions and other enforcement agencies of the State and counties; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Auditor is requested to perform a financial and management audit of the Department of Land and Natural Resources Division of Conservation and Resources Enforcement; and
BE IT FURTHER RESOLVED that the Auditor is requested to include in the financial and management audit:
(1) An assessment of management practices utilized by the Division of Conservation and Resources Enforcement to enforce conservation laws and rules and to manage its manpower and equipment;
(2) An evaluation as to whether the Division expends the funds available to it in an efficient and cost-effective manner;
(3) An assessment of how the roles and responsibilities of the Division of Conservation and Resources Enforcement's officers overlap with other law enforcement officers of the State or counties;
(4) An evaluation of funding sources to ensure that funding is shared equitably among all divisions serviced;
(5) An assessment of the effectiveness of utilizing conservation and resource enforcement officers in cruise ship security;
(6) An evaluation and recommendation on a method of measuring the effectiveness of conservation and resource enforcement efforts and improving cooperation between divisions within the Department of Land and Natural Resources;
(7) An evaluation of the Division of Conservation and Resource Enforcement's internal budgeting and fiscal controls and whether those controls ensure the effective and appropriate expenditure of legislative appropriations and federal funds; and
(8) A description of the organizational structure of the Division of Conservation and Resource Enforcement, including personnel practices, staffing coverage, and facilities;
and
BE IT FURTHER RESOLVED that the Auditor is requested to report findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Auditor, and the Chairperson of the Board of Land and Natural Resources.
Report Title:
Division of Conservation and Resources Enforcement; Audit