THE SENATE

S.B. NO.

2077

TWENTY-NINTH LEGISLATURE, 2018

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

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)

 

 

 

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