Bill Text: HI SB1179 | 2020 | Regular Session | Introduced
Bill Title: Relating To Law Enforcement Standards Board.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB1179 Detail]
Download: Hawaii-2020-SB1179-Introduced.html
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THE SENATE |
S.B. NO. |
1179 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LAW ENFORCEMENT STANDARDS BOARD.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature, by Act 220, Session
Laws of Hawaii 2018, enacted chapter 139, Hawaii Revised Statutes, to create a
law enforcement standards board for the certification of law enforcement
officers, including county police officers, state public safety officers, and
employees with police powers at the departments of transportation, of land and
natural resources, of the attorney general, and of taxation.
The
board is responsible for establishing minimum standards for employment as a law
enforcement officer and certifying persons qualified as law enforcement
officers. It is also responsible for
establishing minimum criminal justice curriculum requirements for basic,
specialized, and in-service courses and programs for the training of law
enforcement officers. It must consult
and cooperate with the counties, state agencies, other governmental agencies,
universities and colleges, and other institutions, concerning the development
of law enforcement officer training schools and programs. The board is also responsible for regulating
and enforcing the certification requirements of law enforcement officers.
These are important and substantial duties
that require evaluation to ensure that existing legal obligations are not
compromised. Before imposing new
standards impacting the employment of law enforcement officers, the board must
consider collective bargaining and other employment requirements. At a minimum, the board must evaluate how
probationary periods, training requirements (i.e., the types of training, the
number of hours of training, and the availability of training facilities), and
the issuance, suspension, and revocation of certification will impact
obligations already established by law.
Such
evaluation should include consideration of the study conducted by the
legislative reference bureau pursuant to Act 124, Session Laws of Hawaii 2018,
and any additional study necessary to determine the impact of uniform
standards, certification, and training for all law enforcement. The board has determined that it will need
significantly more time and funds to accomplish its mission.
The
purposes of this Act are to clarify board membership requirements to facilitate
participation and representation, to enable the board to research the impact of
uniform standards, certification, and training on existing legal requirements,
to establish new and more realistic deadlines for the completion of the board's
significant responsibilities, and to provide appropriate funds and resources to
enable the board to accomplish its mission.
SECTION 2.
Section 139-2, Hawaii Revised Statutes, is amended by amending
subsections (a) and (b) to read as follows:
"(a) There is established the law enforcement
standards board within the department of the attorney general for
administrative purposes only. The
purpose of the board shall be to provide programs and standards for training
and certification of law enforcement officers.
The law enforcement standards board shall consist of the following
voting members: nine ex officio individuals[, two] or their
designees, five law enforcement officers, and four members of the public.
(1) The nine ex officio members of the board shall
consist of the:
(A) Attorney general[;] or the attorney
general's designee;
(B) Director of public safety[;] or the
director's designee;
(C) Director of transportation or the director's designee;
(D) Chairperson of the board of land and natural
resources or chairperson's designee;
(E) Director of taxation or the director's
designee; and
(F) Chiefs of police of the four counties or
the designee of each of the chiefs of police;
(2) The [two] five law enforcement
officers shall be from each of the four counties and one from the State,
shall each have at least ten years of experience as a law enforcement
officer, [and] shall be appointed by the governor and
notwithstanding section 26-34, shall not be subject to senatorial confirmation;
and
(3) The four members of the public shall consist
of one member of the public from each of the four counties and shall be
appointed by the governor. At least two
of the four members of the public holding a position on the board at any given
time shall:
(A) Possess a master's or doctorate degree related
to criminal justice;
(B) Possess a law degree and have experience:
(i) Practicing in Hawaii as a deputy attorney
general, a deputy prosecutor, a deputy public defender, or a private criminal
defense attorney; or
(ii) Litigating constitutional law issues in
Hawaii;
(C) Be a recognized expert in the field of
criminal justice, policing, or security; or
(D) Have work experience in a law enforcement
capacity[; provided that experience in a county police department shall not
itself be sufficient to qualify under this paragraph].
(b) The law enforcement officers and the members
of the public on the board shall serve for a term of [three] four
years, provided that the initial terms shall be staggered, as determined by the
governor."
SECTION
3. Section 139-3, Hawaii Revised
Statutes, is amended to read as follows:
"[[]§139-3[]] Powers and duties of the board. The board shall:
(1) Adopt rules in accordance with chapter 91 to
implement this chapter;
(2) Establish minimum standards for employment as
a law enforcement officer and to certify persons to be qualified as law
enforcement officers;
(3) Establish criteria and standards in which a
person who has been denied certification, whose certification has been revoked
by the board, or whose certification has lapsed may reapply for certification;
(4) Establish minimum criminal justice curriculum
requirements for basic, specialized, and in-service courses and programs for
schools operated by or for the State or a county for the specific purpose of
training law enforcement officers;
(5) Consult and cooperate with the counties,
agencies of the State, other governmental agencies, universities, colleges, and
other institutions concerning the development of law enforcement officer
training schools and programs of criminal justice instruction;
(6) Employ[, subject to chapter 76,]
an administrator and other persons necessary to carry out its duties under this
chapter;
(7) Investigate when there is reason to believe
that a law enforcement officer does not meet the minimum standards for
employment, and in so doing, may:
(A) Subpoena persons, books, records, or documents;
(B) Require answers in writing under oath to
questions asked by the board; and
(C) Take or cause to be taken depositions as
needed in investigations, hearings, and other proceedings,
related
to the investigation;
(8) Establish and require participation in
continuing education programs for law enforcement officers;
(9) Have the authority to charge and collect fees
for applications for certification as a law enforcement officer; [and]
(10) Establish procedures and criteria for the
revocation of certification issued by the board[.];
(11) Consider studies relevant to the board's
objectives, including but not limited to the study that examines consolidating
the law enforcement activities and responsibilities of various state divisions
and agencies under a single, centralized state enforcement division or agency,
conducted pursuant to Act 124, Session Laws of Hawaii 2018; and
(12) Conduct its own study to evaluate how to
efficiently and effectively satisfy its duties in accordance with the law."
SECTION
4. Act 220, Session Laws of Hawaii 2018,
is amended by amending section 6 to read as follows:
"SECTION
6. This Act shall take effect on July 1,
2018; provided that [the law enforcement standards board established under
this Act shall finalize its standards and certification process by July 1,
2019.] sections -5
through -8, of the new chapter in section 2 of this
Act shall not be enforced until July 1, 2023."
SECTION
5. There is appropriated out of the
general revenues of the State of Hawaii the sum of $275,000 or so much thereof
as may be necessary for fiscal year 2019-2020 for deposit into the law
enforcement standards board special fund.
SECTION
6. There is appropriated out of the law
enforcement standards board special fund the sum of $275,000 or so much thereof
as may be necessary for the fiscal year
2019-2020 for:
(1) One permanent administrator position (1.0 FTE)
exempt from chapter 76, Hawaii Revised Statutes, and one permanent clerical
position (1.0 FTE)subject to chapter 76, Hawaii Revised Statutes; and
(2) Administration and operating costs of the law enforcement
standards board.
The
sum appropriated shall be expended by the law enforcement standards board.
SECTION
7. This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun, before the effective date of this Act.
SECTION
8. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION
9. This Act shall take effect upon its
approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Law Enforcement Standards Board
Description:
Clarifies membership and certain powers and duties of the Law Enforcement Standards Board, establishes new and more realistic deadlines for the completion of board responsibilities, and provides appropriate funds and resources to enable the board to accomplish its mission.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
