Hawaii-2011-SB57-Introduced

Section 1. Law enforcement jurisdiction over the grounds of the Iolani Palace currently resides with the department of land and natural resources as a state park. The legislature finds that the functions of law enforcement officers of the department of land and natural resources are stretched thin by the vast array of land and natural resources under the department's jurisdiction, including public parks, forests, beaches, oceans, and other public lands.

The legislature further finds that the department of public safety, sheriffs' division, which has jurisdiction over the adjacent State Capitol, is the more appropriate law enforcement agency to have jurisdiction over the Iolani Palace buildings and grounds.

It is not the intent of this Act to transfer:

(1) The management of the historic preservation functions of the department of land and natural resources for Iolani Palace; or

(2) The rulemaking authority of the department of land and natural resources.

The purpose of this Act is to transfer law enforcement jurisdiction over the Iolani Palace building and grounds from the department of land and natural resources to the department of public safety.

SECTION 2. Section 171-3, Hawaii Revised Statutes, is amended to read as follows:

"§171-3 Department of land and natural resources. (a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources. The department shall manage, administer, and exercise control over public lands, the water resources, ocean waters, navigable streams, coastal areas (excluding commercial harbor areas), and minerals and all other interests therein and exercise such powers of disposition thereof as may be authorized by law. The department shall also manage and administer the state parks, historical sites, forests, forest reserves, aquatic life, aquatic life sanctuaries, public fishing areas, boating, ocean recreation, coastal programs, wildlife, wildlife sanctuaries, game management areas, public hunting areas, natural area reserves, and other functions assigned by law.

(b) Notwithstanding subsection (a), beginning January 1, 2010, the authority to manage, administer, and exercise control over any public lands that are designated important agricultural lands pursuant to section 205-44.5, shall be transferred to the department of agriculture.

(c) Notwithstanding subsection (a), effective July 1, 2012 law enforcement jurisdiction over the building and grounds of Iolani Palace shall be transferred to the department of public safety, as provided in section 353C-2."

SECTION 3. Section 353C-2, Hawaii Revised Statutes, is amended to read as follows:

"§353C-2 Director of public safety; powers and duties. [[](a)[]] The director of public safety shall administer the public safety programs of the department of public safety and shall be responsible for the formulation and implementation of state goals and objectives for correctional and law enforcement programs, including ensuring that correctional facilities and correctional services meet the present and future needs of persons committed to the correctional facilities. In the administration of these programs, the director may:

(1) Preserve the public peace, prevent crime, detect and arrest offenders against the law, protect the rights of persons and property, and enforce and prevent violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;

(2) Train, equip, maintain, and supervise the force of public safety officers, including law enforcement and correctional personnel, and other employees of the department;

(3) Serve process both in civil and criminal proceedings;

(4) Perform other duties as may be required by law;

(5) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of public safety programs; and

(6) Enter into contracts in behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department.

(b) Effective July 1, 2012 the department of public safety shall have law enforcement jurisdiction over the buildings and grounds of Iolani Palace, for the purpose of preserving the public peace, preventing crime, detecting and arresting offenders of the law, protecting the rights of persons and property, and enforcing and preventing violation of all laws and any administrative rules of the department of land and natural resources. The department of public safety shall consult with the department of land and natural resources on the interpretation and application of any administrative rule for purposes of this subsection. This subsection shall not be construed to:

(1) Authorize sheriffs of the department of public safety to enter into the Iolani Palace building other than for law enforcement purposes when warranted by the circumstances; or

(2) Relieve the Honolulu police department from any law enforcement duties with regards to Iolani Palace; provided that the department of public safety shall have primary law enforcement jurisdiction for Iolani Palace.

[~~[(b)]~~] (c) The department of public safety shall report to the legislature not later than twenty days prior to the commencement of the 2008 regular session, and every session thereafter, with its achievements, continuing improvements, and ongoing problems in providing the appropriate mental health care to committed persons under its jurisdiction."

SECTION 4. The department of public safety shall commence law enforcement duties under this Act for Iolani Palace on July 1, 2012.

SECTION 5. No later than December 31, 2011, the department of public safety shall prepare and present to the legislature a plan, including funding projections, to assume law enforcement functions over Iolani Palace as provided in this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2011.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	57
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII