Bill Text: HI HB144 | 2012 | Regular Session | Introduced
Bill Title: Sheriffs; Department of Public Safety; Attorney General
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB144 Detail]
Download: Hawaii-2012-HB144-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
144 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SHERIFFS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . SHERIFFS
§28-A Office of sheriff; created. There shall be established within the department, a division to be known as the office of the sheriff, consisting of the sheriff, first deputy sheriff, and any additional deputies as the exigencies of the public service may require. Sheriffs shall be subject to the supervision and control of the attorney general.
§28-B Definitions. For the purpose of this part:
"Office" means the office of the sheriff established pursuant to section 28-A.
§28-C Appointment. The attorney general may appoint and commission and, at the attorney general's pleasure, remove the sheriff and any deputy sheriff.
The sheriff and deputy sheriffs shall be appointed without regard to chapter 76, but shall be entitled to participate in any employee benefit program plan or privilege generally available to employees of the State.
§28-D Duties. The sheriff and the sheriff's deputies shall be responsible for service of process and execution of any order of the courts of this State, and any other duties specified and directed by the attorney general. In connection with the duties of office, the sheriff and the sheriff's deputies shall have all of the powers of a police officer, including the power of arrest.
§28-E Process. Any process of any court of record shall be addressed to the sheriff or the sheriff's deputy, or to a chief of police, except as may be otherwise provided by law or rule of court. The sheriff or the sheriff's deputy may execute the process according to its terms, and shall not be liable for any damages resulting from its execution.
§28-F Sheriff of Kalawao county. No provision of this part shall apply to the sheriff of the county of Kalawao, except those charging the office with the service of process and execution of any order of court."
SECTION 2. Section 26-7, Hawaii Revised Statutes, is amended to read as follows:
"§26-7 Department of the attorney general. The department of the attorney general shall be headed by a single executive to be known as the attorney general.
The department shall administer and render state legal services, including furnishing of written legal opinions to the governor, legislature, and such state departments and officers as the governor may direct; represent the State in all civil actions in which the State is a party; approve as to legality and form all documents relating to the acquisition of any land or interest in lands by the State; and, unless otherwise provided by law, prosecute cases involving violations of state laws and cases involving agreements, uniform laws, or other matters which are enforceable in the courts of the State. The attorney general shall be charged with such other duties and have such authority as heretofore provided by common law or statute.
There shall be within the department of the attorney general a commission to be known as the commission to promote uniform legislation which shall sit in an advisory capacity to the attorney general and to the legislature on matters relating to the promotion of uniform legislation. The composition of the commission shall be as heretofore provided for the commission to promote uniform legislation existing immediately prior to November 25, 1959. The members of the commission shall be nominated, and by and with the advice and consent of the senate, appointed by the governor for terms of four years each, provided that each member shall hold office until the member's successor is appointed and qualified; and provided also that the provisions of section 26-34, limiting the appointment of members of boards and commissions to two terms and the duration of membership to not more than eight consecutive years shall not be applicable.
The functions and authority heretofore exercised by the attorney general, high sheriff, and the commission to promote uniform legislation as heretofore constituted are transferred to the department of the attorney general established by this chapter.
Effective January 1, 2012, the functions, authority, and obligations exercised by the department of public safety relating to the service of process and execution of court orders by the department of public safety shall be transferred to the department of the attorney general."
SECTION 3. Section 26-14.6, Hawaii Revised Statutes, is amended to read as follows:
"§26-14.6 Department of public safety. (a) The department of public safety shall be headed by a single executive to be known as the director of public safety.
(b) The department of public safety shall be
responsible for the formulation and implementation of state policies and
objectives for correctional, security, law enforcement, and public safety
programs and functions, for the administration and maintenance of all public or
private correctional facilities and services, [for the service of process,]
and for the security of state buildings.
(c) Effective July 1, 1990, the Hawaii paroling authority and the crime victim compensation commission are placed within the department of public safety for administrative purposes only.
(d) Effective July 1, 1990, the functions and authority heretofore exercised by:
(1) The department of corrections relating to adult corrections and the intake service centers;
(2) The judiciary relating to the [sheriff's
office and] judiciary security personnel; and
(3) The department of the attorney general relating to state law enforcement officers and narcotics enforcement investigators with the narcotics enforcement division,
shall be transferred to the department of public safety.
(e) Effective July 1, 1990, the functions and authority heretofore exercised by the department of health pursuant to chapters 329 and 329C, with the exception of sections 329-2, 329-3, and 329-4(3) to (8), shall be transferred to the department of public safety.
[(f) Effective July 1, 1990, the functions,
authority, and obligations, together with the limitations imposed thereon and
the privileges and immunities conferred thereby, exercised by a
"sheriff", "sheriffs", a "sheriff's deputy",
"sheriff's deputies", a "deputy sheriff", "deputy
sheriffs", or a "deputy", under sections 21-8, 47-18, 105-4,
134-51, 183D-11, 187A-14, 231-25, 281-108, 281-111, 286-52, 286-52.5, 321-1,
322-6, 325-9, 353-11, 356D-54, 356D-94, 383-71, 438-5, 445-37, 482E-4,
485A-202, 501-42, 501-171, 501-218, 521-78, 578-4, 584-6, 587-33, 603-29,
604-6.2, 606-14, 607-2, 607-4, 607-8, 633-8, 634-11, 634-12, 634-21, 634-22,
651-33, 651-37, 651-51, 654-2, 655-2, 657-13, 660-16, 666-11, 666-21, 803-23,
803-34, 803-35, 804-14, 804-18, 804-41, 805-1, 806-71, and 832-23 shall be
exercised to the same extent by the department of public safety.
(g)] (f) Effective January 1,
1993, the functions and authority heretofore exercised by the attorney general
and the department of the attorney general relating to the executive security
officers shall be transferred to the department of public safety.
[(h)] (g) Effective July 1,
1999, the functions and authority heretofore exercised by the director of
public safety and the department of public safety relating to after hours
security contracts at department of education facilities, except for the
security functions being performed by employees of the public library system as
well as the contractual security services for the libraries, shall be
transferred to the department of education.
[(i)] (h) Effective January 1,
1993, the functions and authority heretofore exercised by the director of
health and the department of health relating to uniformed security employees
and security contracts at various state hospitals throughout the State shall be
transferred to the department of public safety. Effective July 1, 2005, the
functions, authority, and employee positions of the department of public safety
relating to uniformed security employees and security contracts at health
facilities that are under the operation, management, and control of the Hawaii
health systems corporation shall be transferred to the Hawaii health systems
corporation.
[(j)] (i) Effective January 1,
1993, the functions and authority heretofore exercised by the director of human
services and the department of human services relating to contractual security
guard services shall be transferred to the department of public safety.
[(k)] (j) Effective July 1,
1994, the functions and authority heretofore exercised by the adjutant general
relating to security for national guard and state civil defense facilities in
the Diamond Head complex, for after work hours, shall be transferred to the
department of public safety.
[(l)] (k) Effective July 1,
2002, the functions and authority heretofore exercised by the director of
public safety and the department of public safety relating to after hours
security contracts at department of education facilities, including all
security functions being performed by employees of the public library system,
as well as the contractual security services for the libraries, shall be
transferred to the department of education and the public library system as
appropriate."
SECTION 4. Section 386-181, Hawaii Revised Statutes, is amended by amending the definition of "sheriffs' chaplain" in subsection (a) to read as follows:
""Sheriffs' chaplain" means a
member of an authorized chaplaincy program of the department of [public
safety] the attorney general who performs functions similar to a
police chaplain in a voluntary and unpaid capacity for the [sheriff
division.] office of the sheriff."
SECTION 5. All rights, powers, functions, and duties of the department of public safety relating to the service of process and execution of court orders are transferred to the department of the attorney general.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and the officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of public safety relating to the functions transferred to the department of the attorney general shall be transferred with the functions to which they relate.
SECTION 7. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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Report Title:
Sheriffs; Department of Public Safety; Attorney General
Description:
Establishes the office of the sheriff within the department of the attorney general. Transfers the department of public safety's responsibility for service of process and execution of court orders to the office of the sheriff.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
