Bill Text: HI SB3355 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Law Enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-12 - The committee on WTL deferred the measure. [SB3355 Detail]

Download: Hawaii-2024-SB3355-Introduced.html

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THE SENATE	S.B. NO.	3355
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to law enforcement.

 

 

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

 

     SECTION 1.  The legislature finds that Act 278, Session Laws of Hawaii 2022, established a new department of law enforcement to consolidate and administer certain criminal law enforcement and investigative functions of the department of transportation, department of the attorney general, office of homeland security, and the department of public safety.  However, the department of land and natural resources division of conservation and resources enforcement was not included in this effort. 

     The legislature further finds that consolidation of law enforcement officers into one department streamlines crucial government processes.  Centralizing law enforcement functions under one department increases public safety, improves decision making, promotes accountability, decreases costs, reduces duplicative efforts, and provides standardized training for personnel.  As state law enforcement personnel and functions are spread across various departments, reorganization of certain state law enforcement functions into a single entity would provide the highest level of law enforcement service for the public, state employees, and state properties.

     Accordingly, the purpose of this Act is to:

     (1)  Increase the number of deputy directors appointed by the director of law enforcement; and

     (2)  Transfer law enforcement personnel within the department of land and natural resources to the department of law enforcement.

     SECTION 2.  Section 26-14.8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The director of law enforcement shall appoint, without regard to chapter 76, [two] three deputy directors to serve at the director's pleasure.  Unless otherwise assigned by the director, [one] two deputy [director] directors shall oversee the law enforcement programs of the department of law enforcement and one deputy director shall oversee administration of the department of law enforcement."

     SECTION 3.  Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:

     (1)  Commissioned and enlisted personnel of the Hawaii National Guard as such, and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;

     (2)  Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures.  Any such contract may be for any period not exceeding one year;

     (3)  Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;

     (4)  Positions filled by the legislature or by either house or any committee thereof;

     (5)  Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;

     (6)  Positions filled by popular vote;

     (7)  Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;

     (8)  Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;

     (9)  One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);

    (10)  First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;

    (11)  (A)  Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, no more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;

          (B)  Effective July 1, 2003, teaching assistants, educational assistants, bilingual/bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational/supportive services specialists, alternative school project coordinators, and communications aides in the department of education;

          (C)  The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and

          (D)  Members of the faculty of the University of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;

    (12)  Employees engaged in special, research, or demonstration projects approved by the governor;

    (13)  (A)  Positions filled by inmates, patients of state institutions, persons with severe physical or mental disabilities participating in the work experience training programs;

          (B)  Positions filled with students in accordance with guidelines for established state employment programs; and

          (C)  Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs;

    (14)  A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

    (15)  Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;

    (16)  Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, article V, of the Hawaii State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; one additional deputy in the department of human services either in charge of welfare or other functions within the department as may be assigned by the director of human services; four additional deputies in the department of health, each in charge of one of the following:  behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; [two] three additional deputies in charge of the law enforcement programs, administration, or other functions within the department of law enforcement as may be assigned by the director of law enforcement, with the approval of the governor; three additional deputies each in charge of the correctional institutions, rehabilitation services and programs, and administration or other functions within the department of corrections and rehabilitation as may be assigned by the director or corrections and rehabilitation, with the approval of the governor; an administrative assistant to the state librarian; and an administrative assistant to the superintendent of education;

    (17)  Positions specifically exempted from this part by any other law; provided that:

          (A)  Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and

          (B)  All of the positions defined by paragraph (9) shall be included in the position classification plan;

    (18)  Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;

    (19)  Household employees at the official residence of the president of the University of Hawaii;

    (20)  Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;

    (21)  Employees hired under the tenant hire program of the Hawaii public housing authority; provided that not more than twenty-six per cent of the authority's workforce in any housing project maintained or operated by the authority shall be hired under the tenant hire program;

    (22)  Positions of the federally funded expanded food and nutrition program of the University of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;

    (23)  Positions filled by persons with severe disabilities who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;

    (24)  The sheriff;

    (25)  A gender and other fairness coordinator hired by the judiciary;

    (26)  Positions in the Hawaii National Guard youth and adult education programs;

    (27)  In the state energy office in the department of business, economic development, and tourism, all energy program managers, energy program specialists, energy program assistants, and energy analysts;

    (28)  Administrative appeals hearing officers in the department of human services;

    (29)  In the Med-QUEST division of the department of human services, the division administrator, finance officer, health care services branch administrator, medical director, and clinical standards administrator;

    (30)  In the director's office of the department of human services, the enterprise officer, information security and privacy compliance officer, security and privacy compliance engineer, security and privacy compliance analyst, information technology implementation manager, assistant information technology implementation manager, resource manager, community/project development director, policy director, special assistant to the director, and limited English proficiency project manager/coordinator;

    (31)  The Alzheimer's disease and related dementia services coordinator in the executive office on aging;

    (32)  In the Hawaii emergency management agency, the executive officer, public information officer, civil defense administrative officer, branch chiefs, and emergency operations center state warning point personnel; provided that for state warning point personnel, the director shall determine that recruitment through normal civil service recruitment procedures would result in delay or noncompliance;

    (33)  The executive director and seven full-time administrative positions of the school facilities authority;

    (34)  Positions in the Mauna Kea stewardship and oversight authority;

    (35)  In the office of homeland security of the department of law enforcement, the statewide interoperable communications coordinator; and

    (36)  In the social services division of the department of human services, the business technology analyst.

     The director shall determine the applicability of this section to specific positions.

     Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."

     SECTION 4.  Section 139-1, Hawaii Revised Statutes, is amended by amending the definition of "law enforcement officer" to read as follows:

     ""Law enforcement officer" means:

     (1)  A police officer employed by a county police department;

     (2)  An employee of the department of law enforcement conferred with police powers by the director of law enforcement; or

     (3)  An employee of the [department of land and natural resources,] department of taxation[,] or department of the attorney general who is conferred by law with general police powers."

     SECTION 5.  Section 139-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the law enforcement standards board within the department of the attorney general for administrative purposes only.  The purpose of the board shall be to provide programs and standards for training and certification of law enforcement officers.  The law enforcement standards board shall consist of the following voting members:  [eight] seven ex officio individuals, two law enforcement officers, and four members of the public.

     (1)  The [eight] seven ex officio members of the board shall consist of the:

          (A)  Attorney general;

          (B)  Director of law enforcement;

         [(C)  Chairperson of the board of land and natural resources or chairperson's designee;

         (D)]  (C)  Director of taxation or the director's designee; and

        [(E)]  (D)  Chiefs of police of the four counties;

     (2)  The two law enforcement officers shall each have at least ten years of experience as a law enforcement officer and shall be appointed by the governor; and

     (3)  The four members of the public shall consist of one member of the public from each of the four counties and shall be appointed by the governor.  At least two of the four members of the public holding a position on the board at any given time shall:

          (A)  Possess a master's or doctorate degree related to criminal justice;

          (B)  Possess a law degree and have experience:

               (i)  Practicing in Hawaii as a deputy attorney general, deputy prosecutor, deputy public defender, or private criminal defense attorney; or

              (ii)  Litigating constitutional law issues in Hawaii;

          (C)  Be a recognized expert in the field of criminal justice, policing, or security; or

          (D)  Have work experience in a law enforcement capacity; provided that experience in a county police department shall not itself be sufficient to qualify under this paragraph."

     SECTION 6.  Section 139-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No person shall be appointed or employed as a law enforcement officer by any county police department, the department of law enforcement, [the department of land and natural resources,] the department of taxation, or the department of the attorney general, unless the person possesses a valid certification issued by the board pursuant to section 139-6(b)."

     SECTION 7.  Section 291-31.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No person shall knowingly operate, affix or cause to be affixed, display, or possess any lamp, reflector, or illumination device that appears to be the color blue, or colors blue and red, upon any motor vehicle, motorcycle, motor scooter, bicycle, electric foot scooter, or moped, except for:

     (1)  County law enforcement vehicles authorized and approved by the chief of police of the county in which the vehicle is operated; or

     (2)  Department of law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of law enforcement[; or

     (3)  Department of land and natural resources division of conservation and resources enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the chairperson of the board of land and natural resources].

     This prohibition shall not apply to factory-installed instrument illumination."

     SECTION 8.  Section 291C-1, Hawaii Revised Statutes, is amended by amending the definition of "authorized emergency vehicle" to read as follows:

     ""Authorized emergency vehicle" includes fire department vehicles, police vehicles, ambulances, ocean safety vehicles, and law enforcement vehicles[, and conservation and resources enforcement vehicles] authorized and approved pursuant to section 291-31.5 that are publicly owned and other publicly or privately owned vehicles designated as such by a county council."

     SECTION 9.  Section 353C-3, Hawaii Revised Statutes, is amended to read as follows:

     "§353C-3  Deputy directors; appointment.  The director shall appoint, without regard to chapter 76, [two] three deputy directors to serve at the director's pleasure.  Unless otherwise assigned by the director, [one] two deputy [director] directors shall oversee the law enforcement programs of the department, and one deputy director shall oversee administration of the department."

     SECTION 10.  All rights, powers, functions, and duties of the division of conservation and resources enforcement of the department of land and natural resources are transferred to the department of law enforcement.

     All employees who occupy civil service positions and whose functions are transferred to the department of law enforcement by this Act shall retain their civil service status, whether permanent or temporary.  Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act.  An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws.  The director of law enforcement may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

     SECTION 11.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the division of conservation and resources enforcement of the department of land and natural resources relating to the functions transferred to the department of law enforcement shall be transferred with the functions to which they relate.

     SECTION 12.  The salary of all law enforcement officers of the department of law enforcement shall be adjusted to ensure that all law enforcement employees of the same rank will have salaries based on the same salary range.

     SECTION 13.  All leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of land and natural resources pursuant to the provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of law enforcement by this Act shall remain in full force and effect.  Upon the effective date of this Act, every reference to the department of land and natural resources in those leases, contracts, loans, agreements, permits, or other documents shall be construed as a reference to the department of law enforcement or the director of law enforcement, as appropriate.

     SECTION 14.  All rules, policies, procedures, guidelines, and other material adopted or developed by the department of land and natural resources to implement provisions of the Hawaii Revised Statutes that are made applicable to the department of law enforcement by this Act, shall remain in full force and effect until amended or repealed by the department of law enforcement pursuant to chapter 91, Hawaii Revised Statutes.

     In the interim, every reference to the department of land and natural resources in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of law enforcement, as appropriate. 

     SECTION 15.  No offense committed and no penalty or forfeiture incurred under the law shall be affected by this Act; provided that whenever any punishment, penalty, or forfeiture is mitigated by any provision of this Act, the provision may be extended and applied to any judgment pronounced after the passage of this Act.  No suit or prosecution pending at the time this Act takes effect shall be affected by this Act.  The right of any administrative officer whose function is transferred by this Act to the department of law enforcement to institute proceedings for prosecution for an offense or an action to recover a penalty or forfeiture shall be vested in the director of law enforcement or the director's designee as may be appropriate.

     SECTION 16.  The right of appeal from administrative actions or determinations as provided by law shall not be impaired by this Act.  Except as otherwise provided by this Act, whenever a right of appeal from administrative actions or determinations is provided by law to or from any officer, board, department, bureau, commission, administrative agency, or instrumentality of the State that, or any of the programs of which, is transferred by this Act to the department of law enforcement, the right of appeal shall lie to or from the department of law enforcement when the transfer is made.  The right of appeal shall exist to the same extent and in accordance with the applicable procedures that are in effect immediately before the effective date of the applicable part.

     If the provisions of the preceding paragraph relating to appeals cannot be effected by reason of abolishment, splitting, or shifting of functions or otherwise, the right of appeal shall lie to the circuit court of the State pursuant to the Hawaii rules of civil procedure.

     SECTION 17.  It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any modifications with the reasons therefor to the legislature at its next session thereafter for review by the legislature.

     SECTION 18.  The revisor of statutes may incorporate into the Hawaii Revised Statutes, any of the provisions contained in this Act.  The revisor of statutes shall substitute the appropriate department of law enforcement reference in all existing statutes where a department, board, commission, agency, program, or organizational segment is transferred to the department of law enforcement if such existing statutory language has not been amended by this Act.

     SECTION 19.  All laws and parts of laws heretofore enacted that are in conflict with the provisions of this Act are hereby amended to conform herewith.  All Acts passed during the regular session of 2024, whether enacted before or after the passage of this Act, shall be amended to conform to this Act, unless the Acts specifically provide that the Act relating to a "department of law enforcement" are being amended.  Amendments made to sections of the Hawaii Revised Statutes that are amended by this Act as of a future effective date shall include amendments made after the approval of this Act and before the effective date of the amendments made by this Act, to the extent that the intervening amendments may be harmonized with the amendments made by this Act.

     SECTION 20.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 21.  This Act shall take effect on January 1, 2025.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

DLE; DLNR; DOCARE; Employees; Transfer

 

Description:

Transfers the functions of the Department of Land and Natural Resources Division of Conservation and Resources Enforcement to the Department of Law Enforcement.  Increases the number of deputy directors appointed by the Director of Law Enforcement.  Transfers personnel within the Department of Land and Natural Resources Division of Conservation and Resources Enforcement to the Department of Law Enforcement.  Takes effect 1/1/2025.

 

 

 

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