HOUSE OF REPRESENTATIVES

H.B. NO.

1039

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ACT 278, SESSION LAWS OF HAWAII 2022.

 

 

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

 


SECTION 1. Section 26-14.8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The department of law enforcement shall be responsible for the formulation and implementation of state policies and objectives for security, criminal law enforcement, and public safety programs and functions, for the service of process, and for the security of state buildings and state land."

SECTION 2. Act 278, Session Laws of Hawaii 2022, is amended by amending section 1 to read as follows:

"SECTION 1. The purpose of this Act is to:

(1) Establish a new department of law enforcement to consolidate and administer the criminal law enforcement and investigations functions of the department of transportation, certain [investigations functions] investigator positions of the department of the attorney general, functions of the office of homeland security, and current law enforcement and investigations functions of the department of public safety;

(2) Rename the department of public safety as the department of corrections and rehabilitation, which will administer the corrections, rehabilitation, reentry, and related functions currently assigned to the department of public safety;

(3) Establish a training center within the department of law enforcement;

(4) Transfer employees, appropriations, records, equipment, leases, contracts, other documents, rules, policies, procedures, guidelines, and other material, as appropriate, to the respective departments; and

(5) Establish positions for the department of law enforcement and the department of corrections and rehabilitation, and appropriate funds for the department of law enforcement.

Currently, corrections and certain law enforcement functions and activities are placed within the department of public safety. The legislature finds that the goals and functions of corrections and law enforcement are different and distinct and separating the functions of corrections and law enforcement from the department of public safety into two departments would best accomplish the discrete goals and objectives of both functions.

The legislature further finds that state criminal law enforcement personnel and functions are currently spread across various departments. The department of public safety, department of transportation, and department of the attorney general all have independent law enforcement officers and different law enforcement duties. Because each department administers its own law enforcement duties, goals, and functions, training and operational standards differ between each department. Accordingly, the reorganization of certain state law enforcement functions into a single entity would provide the highest level of law enforcement service for the public, state employees, and state properties. Consolidation of certain state criminal law enforcement responsibilities into a single state department will centralize state law enforcement functions to increase public safety, improve decision making, promote accountability, streamline communication, decrease costs, reduce duplication of efforts, and provide uniform training and standards.

The goals of the department of law enforcement would include:

(1) Establishing a partnership with the federal Joint Terrorism Task Force to protect the State from domestic and foreign threats;

(2) Eliminating the narcotics epidemic that plagues Hawaii's communities through its commitment of investigators in the federal High Intensity Drug Trafficking Area task forces;

(3) Expanding the narcotics canine program; and

(4) Reducing gun violence and other violent criminal acts in island communities through participation in the federal Project Safe Neighborhoods program.

This Act also establishes a training center within the department of law enforcement to provide its law enforcement entities the highest level of core and continuing education and training. The training center will also be made available to federal, state, and county law enforcement agencies upon their request. The development of a department of law enforcement training center, where all department of law enforcement officers who intend to work on any island of Hawaii must be certified, will ensure that all department of law enforcement officers meet the standards set by the law enforcement standards board established in chapter 139, Hawaii Revised Statutes. The center will also ensure that the individuals who earn its certification have learned the highest level of core and continuing education and training. The center's curriculum will be designed to ensure that the individuals trained here have the knowledge and skills to protect and serve the public and will be held accountable if they do not uphold the standards set by the law enforcement standards board.

The legislature also finds that consolidating adult corrections, reentry services, and other related functions into a separate department of corrections and rehabilitation will allow for the efficient use of resources in administering correctional programs and administering and maintaining public and private correctional services. The Hawaii correctional industries, Hawaii paroling authority, and crime victim compensation commission will be administered by the department of corrections and rehabilitation.

The legislature intends that patrol officers assigned to the department of law enforcement continue to retain the title of deputy sheriffs. During the Kingdom of Hawaii, sheriffs oversaw law enforcement activities on each island under the supervision of a kingdom-wide marshal. From 1905 to 1960, sheriffs protected the public as elected county officials, including Duke Kahanamoku, who was elected Honolulu sheriff from 1934 to 1960. Modern-day deputy sheriffs have protected the people of Hawaii for nearly fifty years, beginning in 1963 when the legislature created the office of the sheriff within the department of the attorney general.

The legislature does not intend to impair or diminish the longstanding authority and responsibility of county police departments to enforce the laws, along with state law enforcement, on state lands within their respective counties. County police departments will continue to have full law enforcement authority and responsibility, and in particular will continue to have concurrent jurisdiction with respect to state parks, state buildings, state highways, Hawaiian home lands, and other state lands and facilities.

Part II of this Act is to be effective upon approval of this Act. Part II establishes a department of law enforcement and its director and deputy directors. The department of law enforcement will initially be staffed by its director, deputy directors, and certain administrative staff. These personnel will prepare for the transfer of state law enforcement functions and personnel to the department on January 1, 2024.

Part III of this Act is to be effective on January 1, 2024. Part III transfers the law enforcement functions and personnel from the department of public safety to the department of law enforcement and makes conforming amendments.

Part IV of this Act is to be effective on January 1, 2024. Part IV renames the department of public safety as the department of corrections and rehabilitation and the director of public safety as the director of corrections and rehabilitation, establishes its deputy directors, and makes conforming amendments so that the authority and responsibilities of the department of corrections and rehabilitation are set forth in chapter 353, Hawaii Revised Statutes, while the authority and responsibilities of the department of law enforcement are set forth in chapter 353C, Hawaii Revised Statutes.

Part V of this Act is to be effective on January 1, 2024. Part V transfers the law enforcement and security functions and personnel of the harbors division of the department of transportation, [the non-statutorily mandated functions and] certain law enforcement personnel of the investigations division of the department of the attorney general, and the office of homeland security of the department of defense to the department of law enforcement.

Part VI of this Act provides for the retention of civil service status and related rights of transferred employees and transfers any appropriations, equipment, contracts, leases, policies, rules, guidelines, and other items to the respective departments as provided in this Act.

Part VII of this Act is to be effective on July 1, 2022. Part VII establishes new positions within the department of law enforcement that are required for the department's operations. These positions include the director of law enforcement, deputy directors, and certain administrative positions that will staff the department, as well as new positions that will be required when parts III and V take effect on January 1, 2024. Part VII also appropriates funds to the department of law enforcement to fill certain positions that will be required to prepare the department for the transfer of functions, personnel, and assets from other departments on January 1, 2024. Part VII further requires the department of law enforcement to report to the legislature, no later than twenty days prior to the convening of the regular session of 2023, the progress made in preparing for the transfer of law enforcement functions to the department on January 1, 2024.

Part VIII of this Act is to be effective on January 1, 2024. Part VIII establishes new positions within the department of corrections and rehabilitation that will be required for the operation of the department when parts III and IV take effect on January 1, 2024."

SECTION 3. Act 278, Session Laws of Hawaii 2022, is amended by amending section 7 to read as follows:

"SECTION 7. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"353C- Statewide law enforcement training center; law enforcement complex. There is established within the department a department of law enforcement training center. The center shall provide training and administer certification requirements of all state department of law enforcement personnel who exercise police powers in the State, and be available for all county law enforcement agencies[.] and other state law enforcement personnel who exercise police powers in the State. Such training shall conform to uniform statewide standards set by the law enforcement standards board pursuant to chapter 139. The center shall operate and maintain such facilities as are necessary to conduct training and certification under this section. A new law enforcement complex at the [Mililani technology park,] first responder technology campus, Oahu, is also established, to be administered by the department of law enforcement for multi-purpose law enforcement use to consolidate and support:

(1) The respective headquarters and administrative services of the affected functions involved;

(2) Training; and

(3) Related support services and facilities,

as required by law for the department of law enforcement to operate and function.""

SECTION 4. Act 278, Session Laws of Hawaii 2022, is amended by amending section 11 to read as follows:

"SECTION 11. Section 353C-2, Hawaii Revised Statutes, is amended to read as follows:

"353C-2 Director of law enforcement; powers and duties. The director of law enforcement shall administer the public safety programs of the department and shall be responsible for the formulation and implementation of state goals and objectives for state criminal law enforcement programs and homeland security, including the deployment of adequate resources and coordination with county police departments to protect the health and safety of homestead communities on Hawaiian home lands. 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 violations of all laws and administrative rules of the State as the director deems to be necessary or desirable 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 law enforcement officers 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 state criminal law enforcement programs; and

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

SECTION 5. Act 278, Session Laws of Hawaii 2022, is amended by amending section 21 to read as follows:

"SECTION 21. Section 26-14.6, Hawaii Revised Statutes, is amended to read as follows:

"26-14.6 Department of corrections and rehabilitation. (a) The department of corrections and rehabilitation shall be headed by a single executive to be known as the director of corrections and rehabilitation.

(b) The department of corrections and rehabilitation shall be responsible for the formulation and implementation of state policies and objectives for the correctional system statewide and for the administration and maintenance of all public or private correctional facilities and services.

(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, and effective January 1, 2024, the Hawaii paroling authority and the crime victim compensation commission are placed within the department of corrections and rehabilitation 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. Effective January 1, 2024, the functions and authority transferred in paragraph (1) shall be transferred to the department of corrections and rehabilitation, and the functions and authority transferred in paragraphs (2) and (3) shall be transferred to the department of law enforcement.

(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),] (5), shall be transferred to the department of public safety; and effective January 1, 2024, those functions and authority shall be transferred to the department of law enforcement.

(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, 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; and effective January 1, 2024, those functions, authority, and obligations shall be exercised to the same extent by the department of law enforcement.

(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; and effective January 1, 2024, those functions and authority shall be transferred to the department of law enforcement.

(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; and effective January 1, 2024, those functions and authority shall be transferred to the [department of law enforcement.] department of health. 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; and effective January 1, 2024, those functions and authority shall be transferred to the [department of law enforcement.] department of human services.

(k) Effective July 1, 1994, the functions and authority heretofore exercised by the adjutant general relating to security for national guard and state emergency management facilities in the Diamond Head complex, for after work hours, shall be transferred to the department of public safety; and effective January 1, 2024, those functions and authority shall be transferred to the [department of law enforcement.] department of defense.

(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.""

SECTION 6. Act 278, Session Laws of Hawaii 2022, is amended by amending section 34 to read as follows:

"SECTION 34. [All rights, powers, functions, and duties of the employees of the investigations division of the] The department of the attorney general [performing non-statutorily mandated functions are transferred] shall transfer one chief investigator position, nineteen investigator positions, and one administrative secretary position from the investigations division of the department of the attorney general to the department of law enforcement.

Nothing in this Act should be construed as infringing, amending, or abrogating, in whole or in part, the attorney general's role as chief legal and law enforcement officer of the State, or any rights, powers, functions, and duties of the attorney general."

SECTION 7. Act 278, Session Laws of Hawaii 2022, is amended by amending section 48 to read as follows:

"SECTION 48. 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, department of the attorney general, department of public safety, and department of defense relating to the functions or positions transferred to the department of law enforcement or department of corrections and rehabilitation shall be transferred with the functions or positions to which they relate."

SECTION 8. Act 278, Session Laws of Hawaii 2022, is amended by amending section 49 to read as follows:

"Section 49. All leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of transportation, department of public safety, [department of the attorney general,] and department of defense pursuant to the provisions of the Hawaii Revised Statutes relating to the functions transferred to the department of law enforcement or department of corrections and rehabilitation that are reenacted or made applicable to the department of law enforcement or department of corrections and rehabilitation by this Act shall remain in full force and effect. Effective January 1, 2024, every reference to the department of public safety or the director of public safety in those leases, contracts, loans, agreements, permits, or other documents relating to the functions transferred to the department of law enforcement or department of corrections and rehabilitation shall be construed as a reference to the department of law enforcement or the director of law enforcement, or the department of corrections and rehabilitation or the director of corrections and rehabilitation, as appropriate. Effective January 1, 2024, every reference to the department of transportation or the director of transportation, [department of the attorney general or the attorney general,] or the department of defense or the state adjutant general in those leases, contracts, loans, agreements, permits, or other documents relating to the functions transferred to the department of law enforcement or department of corrections and rehabilitation shall be construed as a reference to the department of law enforcement or the director of law enforcement, as applicable. The department of the attorney general and the department of law enforcement shall identify leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of the attorney general concerning the positions transferred from the investigations division of the department of the attorney general and negotiate the transfer of criminal law enforcement obligations thereunder to the department of law enforcement, effective January 1, 2024."

SECTION 9. Act 278, Session Laws of Hawaii 2022, is amended by amending section 55 to read as follows:

"SECTION 55. All laws and parts of laws heretofore enacted that are in conflict with the provisions of this Act are hereby amended to conform herewith[.]; provided that no laws and parts of laws concerning the attorney general or the department of the attorney general, including chapter 28, Hawaii Revised Statutes, shall be amended or modified by this Act. All Acts passed during this regular session of 2022, whether enacted before or after the passage of this Act, shall be amended to conform to this Act, unless the Acts specifically provide that the Act relating to a "department of public safety" are being amended[.]; provided that no laws and parts of laws concerning the attorney general or the department of the attorney general, including chapter 28, Hawaii Revised Statutes, shall be amended or modified by this Act. Amendments made to sections of the Hawaii Revised Statutes that are amended by this Act as of a future effective date shall include amendments made after the approval of this Act and before the effective date of the amendments made by this Act, to the extent that the intervening amendments may be harmonized with the amendments made by this Act."

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Act 278, Session Laws of Hawaii 2022; Attorney General; Department of the Attorney General; Department of Defense; Department of Health, Department of Human Services; Investigators; Private Security Contracts

 

Description:

Amends Act 278, Session Laws of Hawaii 2022, to modify the transfer of the personnel and functions of the Department of the Attorney General to the Department of Law Enforcement, clarify that Act 278 does not amend or abrogate the Attorney General's status as the Chief Legal and Law Enforcement Officer of the State, specify that the Statewide Law enforcement Training Complex will be located at the First Responder Technology Campus rather than the Mililani Technology Park, and transfer the responsibility and management of certain private security contracts under section 26-14.6, Hawaii Revised Statutes, from the Department of Law Enforcement to the Department of Defense, the Department of Health, and the Department of Human Services for their respective facilities.

 

 

 

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