SB2378

Report Title:

Boating; DLNR; Rogue Lawbreaking Managers

 

Description:

Directs DLNR to adopt rules to curb lawbreaking by rogue managers within division of boating and ocean recreation. Directs governor to establish committee to oversee all managers within division to ensure that they comply with state laws. Requires lawbreaking managers to bear costs of any lawsuits resulting from their unlawful actions.

THE SENATE	S.B. NO.	2378
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to recreational boating.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that there have been numerous civil rights lawsuits against managers within the division of boating and ocean recreation under the department of land and natural resources. These lawsuits have cost the State millions of dollars, and are often the result of rogue managers who deliberately violate state laws.

The purposes of this Act are to establish procedural safeguards to ensure that personnel with the department of land and natural resources adhere to state laws, and to require that managers within the department bear the cost of their legal fees and damages if their wilful actions result in a lawsuit against the State.

SECTION 2. Section 200-2, Hawaii Revised Statutes, is amended to read as follows:

"§200-2 Board of land and natural resources, powers and duties. (a) The board shall have the primary responsibility for administering the ocean recreation and coastal areas programs and performing the functions heretofore performed by the department of transportation and the department of public safety in the areas of boating safety, conservation, search and rescue, and security of small boat harbor environs.

(b) The board shall ensure that its personnel adhere to all state laws. Consistent with state civil service laws, the board shall terminate or relocate any manager under its jurisdiction who deliberately violates a state law.

(c) The board shall adopt rules under chapter 91, which shall have the force and effect of law, to govern all managers under its jurisdiction and to ensure that all of its personnel comply with state law. The State shall not be liable to pay for legal damages, including attorney's fees and other court costs, in lawsuits resulting from a wilful violation of state law by a manager under the board's jurisdiction."

SECTION 3. The governor shall establish a committee to oversee all management personnel within the division of boating and ocean recreation within the department of land and natural resources, to ensure that its managers comply with all applicable state laws.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________