Bill Text: HI HB1139 | 2024 | Regular Session | Introduced
Bill Title: Relating To Compliance On Hawaiian Home Lands.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB1139 Detail]
Download: Hawaii-2024-HB1139-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1139 |
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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 COMPLIANCE ON HAWAIIAN HOME LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that illegal activity occurring on Hawaiian home lands threatens the health and safety of the community. The purpose of this Act is to establish a compliance and enforcement program within the department of Hawaiian home lands to investigate complaints, conduct investigations, and cooperate with enforcement authorities to ensure compliance with state law, including the Hawaiian Homes Commission Act, 1920, as amended, and the rules adopted thereunder, as well as all other state laws and rules and county ordinances on Hawaiian home lands.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
COMPLIANCE
ON HAWAIIAN HOME LANDS
§ -1 Compliance and enforcement program on Hawaiian home lands; established. The department of Hawaiian home lands shall establish a compliance and enforcement program on Hawaiian home lands to enforce state laws, rules, and regulations, and county ordinances, rules, and regulations on Hawaiian home lands and shall employ or appoint, and remove, the following persons, subject to chapter 76 and section 78-1, who shall be provided with suitable badges or insignia of office by the department of Hawaiian home lands:
(1) An enforcement chief of
the department of Hawaiian home lands, who shall be the head of the compliance
and enforcement program and shall have charge, direction, and control, subject
to the direction and control of the chair of the Hawaiian homes commission, of
all matters relating to compliance with the Hawaiian Homes Commission Act,
1920, as amended, and rules adopted thereunder as well as all other state laws,
rules, and regulations, and county ordinances, rules, and regulations on
Hawaiian home lands and such other matters as the chair of the Hawaiian homes
commission may from time to time direct.
The enforcement chief shall be an administrator experienced in law
enforcement and management; and
(2) Personnel and enforcement officers of the compliance and enforcement program on Hawaiian home lands, including but not limited to enforcement officers on a voluntary basis and without pay.
§ -2 Compliance and enforcement
program on Hawaiian home lands enforcement officers. The compliance and enforcement program on
Hawaiian home lands enforcement officers, with respect to all Hawaiian home
lands shall:
(1) Investigate complaints,
gather evidence, conduct investigations, and conduct field observations and
inspections as required or assigned;
(2) Cooperate
with enforcement authorities of the State, counties, and federal government in
development of programs and mutual aid agreements for compliance and
enforcement activities on Hawaiian home lands;
(3) Cooperate
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 on Hawaiian home lands;
(4) Check and verify all
homestead leases, general leases, permits, and licenses and all other land
dispositions issued by the department of Hawaiian home lands;
(5) Enforce
the laws relating to firearms, ammunition, and dangerous weapons contained in
chapter 134; and
(6) Carry out other duties and
responsibilities as the department of Hawaiian home lands from time to time may
direct.
§ -3 Department of Hawaiian
home lands; police powers. The Hawaiian homes
commission shall have police powers. The
chair of the Hawaiian homes commission may appoint and commission enforcement
officers within the compliance and enforcement program on Hawaiian home
lands. Persons appointed and
commissioned under this section shall have and may exercise all of the powers
and authority of a police officer, including the power of arrest, and may
enforce all state laws and rules, and county ordinances on Hawaiian home lands;
provided that such powers shall remain in force and effect only while in actual
performance of their duties, which shall include off-duty employment when such
employment is for other state departments or agencies. These enforcement officers shall consist of
personnel whose primary duty will be the enforcement of state and local laws on
Hawaiian home lands and to carry out work related to compliance with Hawaiian home
lands leases, permits, and other requirements.
§ -4 Rules.
The department of Hawaiian home lands may
promulgate rules, pursuant to chapter 91, necessary for administration of this
chapter."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the compliance and enforcement program on Hawaiian home lands.
The sums appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.
SECTION 4. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Compliance and Enforcement; Hawaiian Home Lands; Appropriation
Description:
Establishes a compliance and enforcement program within the Department of Hawaiian Home Lands to investigate complaints, conduct investigations, and cooperate with enforcement authorities to ensure compliance with all state laws and rules and county ordinances on Hawaiian Home Lands. 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.
