THE SENATE

S.B. NO.

2755

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to a law enforcement employment standards and training board.

 

 

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

 


SECTION 1. The legislature finds that Hawaii is the only state in the country without a statewide law enforcement board for employment standards or training. Given the immense power and authority that the State and counties grant to police, sheriffs, and other law enforcement officers who carry firearms, it is important to establish statewide standards for these officers. Such standards would benefit county and state departments or agencies. Furthermore, government vendors and contractors who employ individuals who carry firearms should also be required to maintain minimum standards for employment and training.

Accordingly, the purpose of this Act is to establish a law enforcement employment standards and training board responsible for developing statewide standards for employment and training for county and state law enforcement officers who carry firearms and wear a badge.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

LAW ENFORCEMENT EMPLOYMENT STANDARDS AND TRAINING BOARD

   -1 Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following terms shall mean as follows:

"Board" means the law enforcement employment standards and training board.

"Law enforcement officer" means:

(1) A police officer employed by a county police department who wears a badge and carries a firearm;

(2) A public safety officer employed by the department of public safety who wears a badge and carries a firearm;

(3) An employee of the department of transportation or the department of land and natural resources who wears a badge and carries a firearm; or

(4) An employee of a government vendor or contractor who is permitted to carry a firearm.

   -2 Creation of law enforcement employment standards and training board; composition. (a) There is created in the department of the attorney general, for administrative purposes only, the law enforcement employment standards and training board, which shall consist of eleven voting members as follows:

(1) The state sheriff or the sheriff's designee;

(2) The chiefs of police of the four counties or the chiefs' designees;

(3) Two members of the public not currently employed by a government agency, one of whom shall have a background in criminal justice, shall be appointed by the governor, in accordance with section 26-34;

(4) Two members of the public not currently employed by a government agency, one of whom shall have a legal background, shall be appointed by the governor from a list of two nominees submitted by the president of the senate; and

(5) Two members of the public not currently employed by a government agency, one of whom shall have a background in human resources management, shall be appointed by the governor from a list of two nominees submitted by the speaker of the house of representatives.

(b) The terms of the members shall be four years, and no person shall be appointed consecutively to more than two terms; provided that membership on the board shall not exceed eight consecutive years, in accordance with section 26-34.

(c) The board shall select a chairperson from among its members; provided that the chairperson of the board shall not be a current law enforcement officer.

   -3 Duties. (a) Between January 1, 2017, and September 30, 2018, the board shall hold meetings at least once every quarter; provided that the meetings shall be open to the public in accordance with chapter 92.

(b) By January 7, 2019, the board shall propose draft recommendations for statewide employment standards and training for law enforcement officers who wear a badge and carry a firearm. The standards shall include but not be limited to age requirements, education requirements, criminal background checks, hearing tests, eye examinations, psychological tests, physical ability tests, and other areas necessary to become a law enforcement officer. The board may work or collaborate with existing law enforcement agencies to develop the employment and training standards. The board shall make the draft recommendations available for public review and comment for a period of not less than ninety days. The board shall hold at least two public hearings on the draft recommendations by March 31, 2019.

(c) After the period of public review and comment, the board shall adopt final recommendations, with an implementation date of July 31, 2019.

(d) Beginning July 31, 2019, the board shall meet at least twice a year to review the statewide employment standards and training requirements.

   -4 Training. (a) Each government agency shall be responsible for training its staff to meet the necessary employment standards and training requirements.

(b) All law enforcement officers who carry firearms shall meet the necessary employment standards and training requirements by January 1, 2021.

   -5 Law enforcement employment standards and training board special fund; established. There is established in the state treasury the law enforcement employment standards and training board special fund. The revenues of the special fund shall consist of appropriations made by the legislature, fees charged by the board, grants, gifts, and interest on moneys deposited in the special fund. The special fund shall be used to defray the expenses of the board in implementing this chapter.

   -6 Other employment standards and training permitted. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county's requirements for law enforcement officers; provided that the requirements are at least as stringent as the law under this chapter.

(b) Nothing in this chapter shall prohibit a county from enacting employment standards and training requirements for county law enforcement officers that are more stringent than the employment standards and training requirements of law enforcement officers under this chapter.

(c) Nothing in this chapter shall prohibit the State from enacting employment standards and training requirements for state law enforcement officers that are more stringent than the employment standards and training requirements of law enforcement officers under this chapter."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2016-2017 for deposit into the law enforcement employment standards and training board special fund.

SECTION 4. There is appropriated out of the criminal forfeiture revolving fund the sum of $           or so much thereof as may be necessary for fiscal year 2016-2017 for deposit into the law enforcement employment standards and training board special fund.

SECTION 5. There is appropriated out of the law enforcement employment standards and training board special fund the sum of $           or so much thereof as may be necessary for fiscal year 2016-2017 for the purposes of this Act.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

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. This Act shall take effect on July 1, 2016; provided that either the sum appropriated by section 3 of this Act or the sum appropriated by section 4 of this Act, or a combination of each appropriation, shall serve as the initial source of funding of the appropriation from the law enforcement employment standards and training board special fund, pursuant to section 5 of this Act.

 

INTRODUCED BY:

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Report Title:

Law Enforcement Employment Standards and Training Board; Establishment; Law Enforcement Officers; Firearms; Law Enforcement Employment Standards and Training Board Special Fund; Appropriation

 

Description:

Establishes a law enforcement employment standards and training board responsible for developing statewide standards for employment and training for county and state law enforcement officers who carry firearms and wear a badge. Provides for a public comment period during the development of employment standards and training, with an implementation date of July 31, 2019. Appropriates funds by establishing a special fund.

 

 

 

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