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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1200 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the conservation and resources enforcement program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the division of conservation and resources enforcement of the department of land and natural resources has vast responsibility for enforcing state laws related to natural and cultural resources on over one million acres of state land and three million acres of state ocean waters. Many of the lands and waters under the responsibility of the division are in remote, off road, or inaccessible areas, creating obstacles to timely and effective investigation, evidence gathering, and prosecution for natural and cultural resource violations. Violators often are highly aware of, and exploit, the access limitations of the division and focus their illegal activities in areas or at times when the division cannot observe or investigate alleged violations in a timely manner.
The legislature further finds that unmanned aircraft systems, commonly known as drones, provide a unique and powerful tool for monitoring potentially illegal activity on public lands and can aid effective enforcement. The legislature recognizes that this kind of modern enforcement tool can provide an efficient, cost-effective, and valuable method of obtaining admissible evidence for enforcement proceedings, as well as deter illegal conduct on public lands. A number of other states, such as California and Texas, have developed programs that authorize unmanned aircraft systems for natural resources monitoring, enforcement, and investigation. In Hawaii, the Honolulu police department has a policy that authorizes deployment of unmanned aircraft systems for specific operations and sets forth procedures regarding the use of the recordings as evidence. The Honolulu police department policy recognizes that unmanned aircraft systems provide efficient enforcement tools that enhance police effectiveness and public safety.
The legislature also finds that providing the department of land and natural resources specific authority to establish and operate an unmanned aircraft systems program under the division of conservation and resources enforcement is essential to enhancing compliance with state natural and cultural resource laws.
The purpose of this Act is to:
(1) Require the department of land and natural resources to establish an unmanned aircraft systems program that is compliant with federal and state laws;
(2) Authorize the use of unmanned aircraft systems to monitor, investigate, and obtain admissible evidence of natural and cultural resource violations;
(3) Require the department of land and natural resources to maintain detailed records of unmanned aircraft systems usage and the effectiveness of the program; and
(4) Beginning January 1, 2026, require an annual report to the legislature on the unmanned aircraft systems program.
SECTION 2. Chapter 199, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§199- Unmanned
aircraft system program. (a)
No later than June 30, 2024, the department of land and natural
resources shall establish an unmanned aircraft systems program, which shall be
compliant with all applicable federal and state laws, to assist the
conservation and resources enforcement program in carrying out its duties under
this chapter.
(b)
Conservation and resources enforcement officers may use unmanned
aircraft systems to monitor, investigate, and obtain evidence of natural and
cultural resource violations to carry out the purposes of this chapter.
(c)
The department of land and natural resources shall:
(1) Maintain
detailed records of the use of unmanned aircraft systems and the effectiveness
of the unmanned aircraft systems program; and
(2) Submit
information required by paragraph (1) and any proposed legislation to the legislature
no later than January 1, 2026, and each year thereafter.
(d) The department of land and natural resources shall adopt rules pursuant to chapter 91 to carry out the purposes of this section."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
DLNR; Conservation and Resources Enforcement; Unmanned Aircraft Systems
Description:
Requires the department of land and natural resources to establish an unmanned aircraft systems program. Authorizes conservation and resources enforcement officers to use unmanned aircraft systems. Requires the department of land and natural resources to submit an annual report of the effectiveness of the unmanned aircraft systems program to the legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.