STAND. COM. REP. 1120

Honolulu, Hawaii

, 2003

RE: S.B. No. 1393

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1393, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE EXECUTIVE DEPARTMENTS OF STATE GOVERNMENT,"

begs leave to report as follows:

The purpose of this bill as received is to split the current Department of Public Safety into two new departments, the Department of Corrections and Department of Law Enforcement.

The Office of the Lieutenant Governor and Government Efficiency Teams, Inc. testified in support of the bill. The Department of the Prosecuting Attorney for the City and County of Honolulu testified in support of the intent of the bill. The Department of Public Safety testified in support of the intent of the bill and offered amendments. The Department of Human Resources Development and the Employees' Retirement System offered comments and amendments. The Police Department of the City and County of Honolulu testified about its concerns.

Your Committee finds that there are many details that still need to be addressed to effectuate a smooth transition of functions and personnel to the two new departments. Your Committee was particularly concerned about the duplication of services between the newly created Department of Law Enforcement

and local law enforcement and whether the law enforcement positions with police powers are adequately trained and qualified to serve in the same manner as local police officers. Accordingly, your Committee has amended the bill by:

(1) Adding the changes requested by the Department of Human Resources Development in Section 15 of the bill;

(2) Requiring the Governor to appoint a management team to implement the transfer of personnel and functions, prepare a transition plan, recommend proposed legislation, review jurisdictional issues between the new Department of Law Enforcement and local law enforcement agencies, review duplication of services issues and submit a report to the Legislature prior to the convening of the 2004 session;

(3) Requiring that the transfer of functions and personnel to the new Department of Law Enforcement on July 1, 2004, be conditioned on completion of training in accordance with national standards comparable to that required of local police officers;

(4) Requiring the new directors of both departments to submit a report regarding the transition of function and personnel to the Legislature prior to the convening of the 2005 session;

(5) Requiring that a person seeking employment in a position that requires criminal history record checks be denied employment if that person is convicted of a crime other than a minor traffic violation or if the department finds the prospective employee poses a risk to the health, safety, security or well-being of others; and

(6) Making technical, nonsubstantive changes for purposes of style and clarity.

 

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1393, S.D. 2, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 1393, S.D. 2, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair