Hawaii 2023 Regular Session

Hawaii House Bill HB1139 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1139 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO COMPLIANCE ON HAWAIIAN HOME LANDS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1139
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO COMPLIANCE ON HAWAIIAN HOME LANDS.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	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. INTRODUCED BY: _____________________________
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49	49	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.
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51	51	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
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53	53	"Chapter
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55	55	COMPLIANCE ON HAWAIIAN HOME LANDS
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57	57	§ -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:
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59	59	(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
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61	61	(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.
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63	63	§ -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:
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65	65	(1) Investigate complaints, gather evidence, conduct investigations, and conduct field observations and inspections as required or assigned;
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67	67	(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;
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69	69	(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;
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71	71	(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;
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73	73	(5) Enforce the laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134; and
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75	75	(6) Carry out other duties and responsibilities as the department of Hawaiian home lands from time to time may direct.
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77	77	§ -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.
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79	79	§ -4 Rules. The department of Hawaiian home lands may promulgate rules, pursuant to chapter 91, necessary for administration of this chapter."
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81	81	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.
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83	83	The sums appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.
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85	85	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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89	89	INTRODUCED BY: _____________________________
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91	91	INTRODUCED BY:
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107	107	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.
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113	113	Report Title:
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115	115	Compliance and Enforcement; Hawaiian Home Lands; Appropriation
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119	119	Description:
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121	121	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.
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129	129	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.