| 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 program within the department of Hawaiian home lands to investigate complaints, conduct investigations, and cooperate with law enforcement authorities to ensure compliance with the Hawaiian Homes Commission Act, 1920, as amended; state laws and rules; and county ordinances and rules applicable to 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 program on Hawaiian home lands; established. The department of Hawaiian home lands shall establish a compliance program on Hawaiian home lands to ensure compliance with the Hawaiian Homes Commission Act, 1920, as amended; state laws and rules; and county ordinances and rules applicable to Hawaiian home lands. The department of Hawaiian home lands shall employ, 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) A compliance chief of the department of Hawaiian home lands, who shall be an administrator experienced in compliance and management, and who shall be the head of the compliance program and shall have charge, direction, and control, subject to the direction and control of the chairperson 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 and rules, and county ordinances and rules applicable to Hawaiian home lands and other matters as the chairperson of the Hawaiian homes commission may from time to time direct; and (2) Personnel and compliance officers of the compliance program on Hawaiian home lands, including compliance officers working on an unpaid, voluntary basis. § -2 Compliance program on Hawaiian home lands; compliance officers. Compliance officers of the compliance program on Hawaiian home lands, 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) For the purpose of facilitating compliance and enforcement activities on Hawaiian home lands, cooperate with law enforcement authorities of the State, counties, and federal government in the development of programs and mutual aid agreements, the latter of which may include provisions for law enforcement authorities to assist in the enforcement of laws upon lands under the department of Hawaiian home lands' jurisdiction; (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) Review and verify all homestead leases, general leases, licenses, and permits and all other land dispositions issued by the department of Hawaiian home lands; (5) Pursue compliance with laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134; and (6) Carry out other duties and responsibilities, as directed by the department of Hawaiian home lands. § -3 Rules. The department of Hawaiian home lands shall adopt rules, pursuant to chapter 91, necessary for the purposes of this chapter." SECTION 3. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that: (1) The appropriation made in this Act is necessary to serve the public interest; and (2) The appropriation made in this Act meets the needs addressed by this Act. SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the compliance program on Hawaiian home lands. The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act. SECTION 5. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2050. |
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| 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 the Hawaiian Homes Commission Act, 1920, as amended; state laws and rules; and county ordinances and rules applicable to 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 and rules and county ordinances and rules on Hawaiian home lands. The department of Hawaiian home lands shall employ, 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 an administrator experienced in law enforcement and management, and 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 chairperson 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 and rules, and county ordinances and rules applicable to Hawaiian home lands and other matters as the chairperson of the Hawaiian homes commission may from time to time direct; and (2) Personnel and enforcement officers of the compliance and enforcement program on Hawaiian home lands, including enforcement officers working on an unpaid, voluntary basis. § -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) Review and verify all homestead leases, general leases, licenses, and permits 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 directed by the department of Hawaiian home lands. § -3 Department of Hawaiian home lands; police powers. The Hawaiian homes commission shall have police powers. The chairperson 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 and rules on Hawaiian home lands; provided that these powers shall remain in force and effect only while in actual performance of their duties, which shall include off-duty employment when off-duty 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 and other land dispositions. § -4 Rules. The department of Hawaiian home lands shall adopt rules, pursuant to chapter 91, necessary for the purposes of this chapter." SECTION 3. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that: (1) The appropriation made in this Act is necessary to serve the public interest; and (2) The appropriation made in this Act meets the needs addressed by this Act. SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the compliance and enforcement program on Hawaiian home lands. The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act. SECTION 5. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2024. |
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