THE SENATE

S.B. NO.

2589

TWENTY-SEVENTH LEGISLATURE, 2014

S.D. 2

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.  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)  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)  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)  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)  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)  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)  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.

     (m)  Effective July 1, 2016:

     (1)  There shall be established a harbors division within the department of public safety;

     (2)  The functions and authority heretofore exercised by the director of transportation relating to harbors law enforcement shall be transferred to the department of public safety; and

     (3)  Harbor police officers shall meet the qualifications established in accordance with section 353C-9, for sheriffs of the department of public safety."

     SECTION 2.  Section 26-19, Hawaii Revised Statutes, is amended to read as follows:

     "§26-19  Department of transportation.  The department of transportation shall be headed by a single executive to be known as the director of transportation.  The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and such other transportation facilities and activities as may be authorized by law.

     The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include, but not be limited to, alternate work and school hours programs, bicycling programs, and ridesharing programs.

     The department shall develop and promote ridesharing programs which shall include but not be limited to, carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements.  Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.

     The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.

     No later than July 1, 2016, the harbors law enforcement functions of the department of transportation shall be transferred to the department of public safety.

     On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation."

     SECTION 3.  Section 266-29, Hawaii Revised Statutes, is amended to read as follows:

     "[[266-29[]]  State harbors civil violations system; authorization.  (a)  There is established, within the department of transportation, a state harbors civil violations system, whose purpose shall be to process violations of departmental regulations for which administrative penalties have been authorized by law or rules adopted thereunder.

     (b)  The department of transportation shall adopt, amend, and repeal rules, subject to chapter 91, for the purposes of this section.

     (c)  Rules adopted pursuant to subsection (b) may include, but are not limited to, the following:

     (1)  Requirements for notice of state harbors infraction;

     (2)  A form of the answer that shall be made pursuant to a notice of state harbors infraction, which answer may be an admission of the infraction, a denial of the infraction, or an admission of the infraction with mitigating circumstances;

     (3)  The action to be taken after an answer is received or when a person fails to answer the notice of state harbors infraction;

     (4)  Procedures for administrative hearings under this section;

     (5)  The imposition and enforcement of monetary assessments made pursuant to this section; and

     (6)  Means of assuring that the alleged violator who answers the notice of state harbors infraction by an admission of the infraction or an admission of the infraction with mitigating circumstances has knowingly and voluntarily elected to use the state harbors civil violations system and waive the appeal provided for in section 91-14.

     (d)  Notwithstanding any other provision of law to the contrary, all state harbors infractions that the department of transportation identifies as subject to administrative penalties may be adjudicated pursuant to this section.

     (e)  Effective July 1, 2016, the enforcement of this section shall be under the jurisdiction of the department of public safety."

     SECTION 4.  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, 2016:

     (1)  There shall be established a harbors division within the department of public safety;

     (2)  The functions and authority heretofore exercised by the director of transportation relating to harbors law enforcement shall be transferred to the department of public safety; and

     (3)  Harbor police officers shall meet the qualifications established in accordance with section 353C-9, for sheriffs of the department of public safety.

     [(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 5.  All rights, powers, functions, and duties of law enforcement of the department of transportation, harbors division, are transferred to the department of public safety.

     All employees who occupy civil service positions and whose functions are transferred to the department of public safety 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 employee possesses 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 public safety may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

     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 transportation relating to the functions transferred to the department of public safety shall be transferred with the functions to which they relate.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2050.


 


 

Report Title:

Harbor Police; Department of Public Safety; Transfer

 

Description:

Transfers the law enforcement functions of the harbors division of the department of transportation to the department of public safety.  Effective 07/01/2050.  (SD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.