THE SENATE

S.B. NO.

2590

TWENTY-SEVENTH LEGISLATURE, 2014

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FIREARMS.

 

 

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

 


SECTION 1. The legislature finds that the consumption of alcohol or certain prescription medications can impair the judgment and physical response of a law enforcement officer. The legislature also finds that it is important to establish a high standard and criteria regarding the consumption of alcohol and certain prescription medications in order to ensure the safety of everyone in the State.

The purpose of this Act is to prohibit state and county law enforcement officers from consuming alcohol or prescription medications that can mentally or physically impair their judgment while carrying a firearm.

SECTION 2. 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, 2014, no department of public safety employee authorized to carry a firearm shall consume any alcohol while carrying a firearm or have consumed any alcohol within       hours prior to carrying a firearm; provided that an employee who is taking part in an official criminal surveillance or undercover operation shall be exempt from this subsection.

(n) Effective July 1, 2014, no department of public safety employee authorized to carry a firearm shall carry a firearm after ingesting any prescription medication that would impair the judgment or physical response of the employee while carrying a firearm; provided that an employee who is taking part in an official criminal surveillance or undercover operation shall be exempt from this subsection."

SECTION 3. Section 26-15, Hawaii Revised Statutes, is amended to read as follows:

"26-15 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, except for matters relating to the state water code where the commission on water resource management shall have exclusive jurisdiction and final authority.

The board shall consist of seven members, one from each land district and three at large. The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34. At least one member of the board shall have a background in conservation and natural resources, as provided in section 171-4.

The governor shall appoint the chairperson of the board from among the members thereof.

The board may delegate to the chairperson such duties, powers, and authority, or so much thereof, as may be lawful or proper for the performance of the functions vested in the board.

The chairperson of the board shall serve in a full-time capacity. The chairperson, in that capacity, shall perform those duties, and exercise those powers and authority, or so much thereof, as may be delegated by the board.

(b) The department shall manage and administer the public lands of the State and minerals thereon and all water and coastal areas of the State except the commercial harbor areas of the State, including the soil conservation function, the forests and forest reserves, aquatic life, wildlife resources, state parks, including historic sites, and all activities thereon and therein including, but not limited to, boating, ocean recreation, and coastal areas programs.

(c) The functions and authority heretofore exercised by the commissioner and board of public lands (including the hydrography division and the bureau of conveyances), the Hawaii water authority, the commission on ground water resources, the Hawaii land development authority, the soil conservation committee, and the commission on historical sites and the function of managing the state parks and the function of promoting the conservation, development and utilization of forests, including the regulatory powers over the forest reserve, aquatic life and wildlife resources of the State heretofore exercised by the board of commissioners of agriculture and forestry as heretofore constituted are transferred to the department of land and natural resources established by this chapter.

(d) Effective July 1, 2014, no department of land and natural resources employee authorized to carry a firearm shall consume any alcohol while carrying a firearm or have consumed any alcohol within       hours prior to carrying a firearm; provided that an employee who is taking part in an official criminal surveillance or undercover operation shall be exempt from this subsection.

(e) Effective July 1, 2014, no department of land and natural resources employee authorized to carry a firearm shall carry a firearm after ingesting any prescription medication that would impair the judgment or physical response of the employee while carrying a firearm; provided that an employee who is taking part in an official criminal surveillance or undercover operation shall be exempt from this subsection."

SECTION 4. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:

"26-19 Department of transportation. (a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) Effective July 1, 2014, no department of transportation employee authorized to carry a firearm shall consume any alcohol while carrying a firearm or have consumed any alcohol within       hours prior to carrying a firearm; provided that an employee who is taking part in an official criminal surveillance or undercover operation shall be exempt from this subsection.

(g) Effective July 1, 2014, no department of transportation employee authorized to carry a firearm shall carry a firearm after ingesting any prescription medication that would impair the judgment or physical response of the employee while carrying a firearm; provided that an employee who is taking part in an official criminal surveillance or undercover operation shall be exempt from this subsection."

SECTION 5. Section 52D-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]52D-6[]] Police force; employees. (a) The chief of police may appoint officers and other employees under such rules and at such salaries as are authorized by law. Probationary appointment, suspension, and dismissal of officers and employees of the police department shall be as authorized by law.

(b) Effective July 1, 2014, no police department officer or employee authorized to carry a firearm shall consume any alcohol while carrying a firearm or have consumed any alcohol within       hours prior to carrying a firearm; provided that an employee who is taking part in an official criminal surveillance or undercover operation shall be exempt from this subsection.

(c) Effective July 1, 2014, no police department officer or employee authorized to carry a firearm shall carry a firearm after ingesting any prescription medication that would impair the judgment or physical response of the officer or employee while carrying a firearm; provided that an employee who is taking part in an official criminal surveillance or undercover operation shall be exempt from this subsection."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

SECTION 8. This Act shall take effect upon its approval.


 


 

Report Title:

Firearms; Law Enforcement Officers; Alcohol; Prescription Medications

 

Description:

Prohibits state and county law enforcement officers who are authorized to carry firearms from consuming alcohol or ingesting prescription medications that would impair the judgment or physical response of the employee while carrying a firearm; provided that employees who are taking part in an official criminal surveillance or undercover operation shall be exempt from this requirement. Prohibits these employees from consuming alcohol for an unspecified number of hours prior to carrying a firearm. (SD1)

 

 

 

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