SB3161

SECTION 1. The legislature finds that a variety of laws and administrative rules apply to persons on vessels in the State's large and small boat harbors. The department of transportation harbor police has the authority to enforce rules and laws relating to harbors under the jurisdiction of the department of transportation and the division of conservation and resources enforcement has the authority to enforce rules and laws relating to harbors and waterways under the jurisdiction of the department of land and natural resources.

The legislature further finds that certain unlawful activity takes place on land and water under the jurisdiction of the department of land and natural resources in which neither the division of boating and ocean recreation nor the division of conservation and resources enforcement have the capacity or resources to regulate in a manner that will deter future illegal activity. The legislature also finds that in certain situations the department of transportation harbor police could help enforce these rules and laws.

The purpose of this Act is to authorize the department of transportation harbor police to enforce laws and rules adopted by the department of land and natural resources relating to ocean recreation.

SECTION 2. Section 200-14, Hawaii Revised Statutes, is amended to read as follows:

"§200-14 Violation of rules; penalty. (a) Except as provided in subsection (b), any person who violates any rule adopted by the department under this part or who violates this part, shall be fined not more than $1,000 or less than $50 for each violation, and any vessel, the agents, owner, or crew of which violate the rules of the department or this part, shall be fined not more than $1,000 or less than $50 for each violation; provided that in addition to or as a condition to the suspension of the fines and penalties, the environmental court may deprive the offender of the privilege of operating or mooring any vessel in state waters for a period of not more than thirty days.

(b) Any person who violates any rule adopted by the department under this part regulating vehicular parking or traffic movement shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein. A person found to have committed such a traffic infraction shall be fined not more than:

(1) $100 for a first violation;

(2) $200 for a second violation; and

(3) $500 for a third or subsequent violation.

(c) Notwithstanding the provisions of subsection (a) establishing a fine of not more than $1,000 or less than $50 for each violation, any person who violates any rule adopted by the department relating to unauthorized discharge, dumping, or abandoning, in any state boating facility or state waters, of any petroleum product, hazardous material, or sewage in violation of the state water quality standards established by the department of health, shall be fined not more than $10,000 for each day of violation, and any vessel, the agents, owner, or crew of which violate the rules of the department shall be fined not more than $10,000 for each day of violation.

(d) The director of transportation shall have the authority to enforce this part and any rule adopted by the department under this part."

SECTION 3. Section 266-24, Hawaii Revised Statutes, is amended to read as follows:

"§266-24 Enforcement. (a) The director of transportation shall enforce this chapter and all rules thereunder, except for the rules relative to the control and management of the beaches encumbered with easements in favor of the public and ocean waters, which shall be enforced by the department of land and natural resources[.]; provided that the director of transportation may enforce the rules adopted by the department of land and natural resources under chapter 200, part I. For the purpose of the enforcement of this chapter or the rules adopted pursuant under chapter 200, part I and of all rules adopted pursuant to this chapter, the powers of police officers are conferred upon the director of transportation and any officer, employee, or representative of the department of transportation. Without limiting the generality of the foregoing, the director and any person appointed by the director hereunder may serve and execute warrants, arrest offenders, and serve notices and orders. The director of transportation and any employee, agent, or representative of the department of transportation appointed as enforcement officers by the director, and every state and county officer charged with the enforcement of any law, statute, rule, regulation, ordinance, or order, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto[,] and the rules adopted under chapter 200, part I, and in carrying out the responsibilities hereunder, each shall be specifically authorized to:

(1) Conduct any enforcement action hereunder in any commercial harbor area and any area over which the department of transportation and the director of transportation has jurisdiction under this chapter;

(2) Conduct any enforcement action hereunder in any harbor area and any area over which the department of land and natural resources has jurisdiction under chapter 200;

[~~(2)~~] (3) Inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where harbors or harbor facilities are situated, or where harbor-related activities are operated or conducted; and

[~~(3)~~] (4) Subject to limitations as may be imposed by the director of transportation, serve and execute warrants, arrest offenders, and serve notices and orders.

Any employee appointed as a law enforcement officer by the director of transportation pursuant to this section who has been qualified by training may use electric guns, as specifically provided in section 134-87, when exercising powers of police officers and carrying out the responsibilities described herein; provided that training for the purposes of this section means a course of instruction or training in the use of any electric gun that is provided, authorized, or approved by the manufacturer of the electric gun before deployment or issuance of electric guns and related equipment.

For purposes of this subsection, "agent" and "representative" includes but is not limited to persons performing services at harbors or harbor areas under contract with the department of transportation.

(b) The department of transportation, in the name of the State, may enforce this chapter and the rules and orders issued pursuant thereto and chapter 200, part I by injunction or other legal process in the courts of the State."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3161
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII