BillCam

THE SENATE

S.B. NO.

2514

THIRTIETH LEGISLATURE, 2020

STATE OF HAWAII

A BILL FOR AN ACT

relating to law enforcement services.

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

law enforcement services

§ -1 Definitions. Whenever used in this chapter, unless the context otherwise requires:

"Department" means the department of law enforcement services.

"Director" means the director of law enforcement services.

§ -2 Director of law enforcement services; powers and duties. (a) The director of law enforcement services shall administer law enforcement services programs of the department of law enforcement services and shall be responsible for the formulation and implementation of state goals and objectives for law enforcement programs. 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 violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or 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 personnel, 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 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.

(b) The director of law enforcement services shall not be responsible for the formulation and implementation of state goals and objectives for correctional programs.

§ -3 Appointment of employees with police powers and other employees. (a) The director of law enforcement services may appoint employees to be law enforcement services officers who shall have all of the powers of police officers; provided that the director may establish and assign the employees to positions or categories of positions that may have differing titles, specific duties, and limitations upon the exercise of police powers.

(b) The director may appoint other personnel necessary to carry out the functions of the department.

(c) State law enforcement officers transferred from the department of the attorney general by Act 211, Session Laws of Hawaii 1989, to the department of public safety shall be responsible for public safety in state buildings as well as the personal protection of government officials and employees while in the conduct of their duties. The duties of state law enforcement officers shall also include the service of process, including subpoenas, warrants, and other legal documents, and other duties as the director may assign, including the performance of duties of other public safety officers within the department. State law enforcement officers shall have all of the powers of police officers, including the power of arrest.

§ -4 Parking fees, exemption. Notwithstanding any other law or rule to the contrary, special service deputies of the department of law enforcement services are exempt from all state and county parking meter fees and county time parking restrictions while in the performance of their official duties, including attendance at court; provided that this exemption shall:

(1) Apply exclusively to state-owned law enforcement vehicles assigned to the department of law enforcement services; and

(2) Not apply to private individuals retained by the department on a contractual basis to serve civil process in any capacity.

§ ‑5 Department accreditation required. The department shall pursue and obtain accreditation for the sheriff division from the Commission on Accreditation for Law Enforcement Agencies, Inc."

SECTION 2. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§26- Department of law enforcement services. (a) The department of law enforcement services shall be headed by a single executive to be known as the director of law enforcement services.

(b) The department of law enforcement services shall be responsible for the formulation and implementation of state policies and objectives for security and law enforcement programs and functions, for the service of process, and for the security of state buildings.

(c) The department of law enforcement services shall enforce land use regulations adopted by the board of natural resources and the department of land and natural resources under section 183C-3(7) on conservation district lands including the collection of fines for violations of land use and terms and conditions of permits issued by the department.

(d) The department of law enforcement services shall enforce all laws under chapter 187A relating to the protecting, taking, killing, propagating, or increasing of aquatic life within the State and the waters subject to its jurisdiction.

(e) The department of law enforcement services shall be responsible for public safety in state buildings as well as the personal protection of government officials and employees while in the conduct of their duties. The duties of state law enforcement officers shall also include the service of process, including subpoenas, warrants, and other legal documents, and other duties as the director may assign, including the performance of duties of other public safety officers within the department. State law enforcement officers shall have all of the powers of police officers, including the power of arrest."

SECTION 3. Section 26-4, Hawaii Revised Statutes, is amended to read as follows:

"§26-4 Structure of government. Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principal departments that are hereby established:

(1) Department of human resources development (Section 26‑5)

(2) Department of accounting and general services (Section 26-6)

(3) Department of the attorney general (Section 26-7)

(4) Department of budget and finance (Section 26-8)

(5) Department of commerce and consumer affairs (Section 26-9)

(6) Department of taxation (Section 26-10)

(7) University of Hawaii (Section 26-11)

(8) Department of education (Section 26-12)

(9) Department of health (Section 26-13)

(10) Department of human services (Section 26-14)

(11) Department of land and natural resources (Section 26‑15)

(12) Department of agriculture (Section 26-16)

(13) Department of Hawaiian home lands (Section 26-17)

(14) Department of business, economic development, and tourism (Section 26-18)

(15) Department of transportation (Section 26-19)

(16) Department of labor and industrial relations (Section 26-20)

(17) Department of defense (Section 26-21)

(18) Department of public safety (Section 26-14.6)[.]

(19) Department of law enforcement services (Section 26‑ ."

SECTION 4. 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[,] and 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 emergency management 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, 2021, the following functions and authority heretofore exercised by the director of public safety and the department of public safety under the following subsections shall be transferred to the department of law enforcement services:

(1) Subsection (d)(2) and (3);

(2) Subsection (e);

(3) Subsection (f);

(4) Subsection (g);

(5) Subsection (j); and

(6) Subsection (k)."

SECTION 5. Section 26-56, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The commission shall review and recommend an appropriate salary for the governor, lieutenant governor, members of the legislature, justices and judges of all state courts, administrative director of the State or an equivalent position, and department heads or executive officers and the deputies or assistants to the department heads of the departments of:

(1) Accounting and general services;

(2) Agriculture;

(3) The attorney general;

(4) Budget and finance;

(5) Business, economic development, and tourism;

(6) Commerce and consumer affairs;

(7) Defense;

(8) Hawaiian home lands;

(9) Health;

(10) Human resources development;

(11) Human services;

(12) Labor and industrial relations;

(13) Land and natural resources;

(14) Law enforcement services;

[(14)](15) Public safety;

[(15)](16) Taxation; and

[(16)](17) Transportation.

The commission shall not review the salary of any position in the department of education or the University of Hawaii.

The commission may recommend different salaries for department heads and executive officers and different salary ranges for deputies or assistants to department heads; provided that the commission shall recommend the same salary range for deputies or assistants to department heads within the same department; provided further that the appointing official shall specify the salary for a particular position within the applicable range.

The commission shall not recommend salaries lower than salary amounts recommended by prior commissions replaced by this section."

SECTION 6. Section 46-12.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§46-12.5[]] State beach park lifeguard services. Each county may provide lifeguard services for any state beach park where the number of swimmers using the beach may warrant a lifeguard, or where water hazards at the beach present a threat to public safety; provided that the county and the department of [land and natural resources] law enforcement services shall first mutually agree that those services are necessary for the particular beach."

SECTION 7. Section 183C-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§183C-3[]] Powers and duties of the board and department. The board and department shall:

(1) Maintain an accurate inventory of lands classified within the state conservation district by the state land use commission, pursuant to chapter 205;

(2) Identify and appropriately zone those lands classified within the conservation district;

(3) Adopt rules, in compliance with chapter 91 which shall have the force and effect of law;

(4) Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of processing applications for zoning, use, and subdivision of conservation lands;

(5) Establish categories of uses or activities on conservation lands, including allowable uses or activities for which no permit shall be required;

(6) Establish restrictions, requirements, and conditions consistent with the standards set forth in this chapter on the use of conservation lands; and

(7) Establish [and enforce] land use regulations on conservation district lands including the collection of fines for violations of land use and terms and conditions of permits issued by the department[.]; provided that the department of law enforcement services shall enforce the land use regulations."

SECTION 8. Section 184-5, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) The department [may confer on the director of state parks and upon other employees of the division] of law enforcement services shall have the powers of police officers, including the power to serve and execute warrants and arrest, or issue summons or citations to, offenders in all matters relating to the enforcement, in any state park, parkway, or state monument, or in any private property over which there has been granted to the State any right of free public access or use for recreational, park, viewing of any historical, archaeological, natural, or scientific feature, object, or site, or related purpose of:

(1) The laws applicable to the state parks and parkways and to historical objects and sites and the rules adopted under the provisions of this section; and

(2) Traffic laws and ordinances.

Those police powers shall also extend to the enforcement of laws of the State and the rules of the department of land and natural resources relative to the protection and proper use of the recreational, scenic, historical, natural, and archaeological, scientific, and related resources of state and private lands. The [conferring of] powers of the department of law enforcement services shall include the designation of [those] its employees as state parks enforcement officers."

SECTION 9. Section 187A-2, Hawaii Revised Statutes, is amended to read as follows:

"§187A-2 Powers and duties of department. The department shall:

(1) Manage and administer the aquatic life and aquatic resources of the State;

(2) Establish and maintain aquatic life propagating station or stations;

(3) Establish, manage, and regulate public fishing areas, artificial reefs, fish aggregating devices, marine life conservation districts, shoreline fishery management areas, refuges, and other areas pursuant to title 12;

(4) Subject to this title, import aquatic life for the purpose of propagating and disseminating the same in the State and the waters subject to its jurisdiction;

(5) Distribute, free of charge, as the department deems to be in the public interest, aquatic life, for the purpose of increasing the food supply of the State; provided that when, in the discretion of the department, the public interest shall not be materially interfered with by so doing, the department may propagate and furnish aquatic life to private parties, upon such reasonable terms, conditions, and prices determined by the department;

(6) Gather and compile information and statistics concerning the habitat and character of, and increase and decrease in, aquatic resources in the State, including the care and propagation of aquatic resources for protective, productive, and aesthetic purposes, and other useful information, which the department deems proper;

[(7) Enforce all laws relating to the protecting, taking, killing, propagating, or increasing of aquatic life within the State and the waters subject to its jurisdiction;] and

[(8)](7) Formulate and from time to time recommend to the governor and legislature such additional legislation necessary or desirable to implement the objectives of title 12."

SECTION 10. Section 195D-2, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "department" to read:

""Department" means department of [land and natural resources.] law enforcement services."

2. By repealing the definition of "board":

[""Board" means the board of land and natural resources."]

SECTION 11. Section 195D-4, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (g) to read:

"(g) After consultation with the endangered species recovery committee, the [board] department may issue a temporary license as a part of a habitat conservation plan to allow a take otherwise prohibited by subsection (e) if the take is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity; provided that:

(1) The applicant, to the maximum extent practicable, shall minimize and mitigate the impacts of the take;

(2) The applicant shall guarantee that adequate funding for the plan will be provided;

(3) The applicant shall post a bond, provide an irrevocable letter of credit, insurance, or surety bond, or provide other similar financial tools, including depositing a sum of money in the endangered species trust fund created by section 195D-31, or provide other means approved by the [board,] department, adequate to ensure monitoring of the species by the State and to ensure that the applicant takes all actions necessary to minimize and mitigate the impacts of the take;

(4) The plan shall increase the likelihood that the species will survive and recover;

(5) The plan takes into consideration the full range of the species on the island so that cumulative impacts associated with the take can be adequately assessed;

(6) The measures, if any, required under section 195D-21(b) shall be met, and the department has received any other assurances that may be required so that the plan may be implemented;

(7) The activity, which is permitted and facilitated by issuing the license to take a species, does not involve the use of submerged lands, mining, or blasting;

(8) The cumulative impact of the activity, which is permitted and facilitated by the license, provides net environmental benefits; and

(9) The take is not likely to cause the loss of genetic representation of an affected population of any endangered, threatened, proposed, or candidate plant species.

[Board] Departmental approval shall require an affirmative vote of not less than two-thirds of the authorized membership of the [board] department after holding a public hearing on the matter on the affected island. The department shall notify the public of a proposed license under this section through publication in the periodic bulletin of the office of environmental quality control and make the application and proposed license available for public review and comment for not less than sixty days prior to approval."

2. By amending subsection (i) to read:

"(i) The department shall work cooperatively with federal agencies in concurrently processing habitat conservation plans, safe harbor agreements, and incidental take licenses pursuant to the Endangered Species Act. After notice in the periodic bulletin of the office of environmental quality control and a public hearing on the islands affected, which shall be held jointly with the federal agency, if feasible, whenever a landowner seeks both a federal and a state safe harbor agreement, habitat conservation plan, or incidental take license, the [board,] department, by a two-thirds majority vote, may approve the federal agreement, plan, or license without requiring a separate state agreement, plan, or license if the federal agreement, plan, or license satisfies, or is amended to satisfy, all the criteria of this chapter. All state agencies, to the extent feasible, shall work cooperatively to process applications for habitat conservation plans and safe harbor agreements on a consolidated basis including concurrent processing of any state land use permit application that may be required pursuant to chapter 183C or 205, so as to minimize procedural burdens upon the applicant."

SECTION 12. Section 195D-9, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) In addition to the above penalties, except for violations under approved habitat conservation plans under section 195D-21 or approved safe harbor agreements under section 195D-22 as determined by the [board,] department, a fine of $5,000 for each specimen of a threatened species and $10,000 for each specimen of an endangered species intentionally, knowingly, or recklessly killed or removed from its original growing location, shall be levied against the convicted person."

2. By amending subsection (d) to read:

"(d) Except as otherwise provided by law, the [board] department or its authorized representative by proper delegation is authorized to set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder. The administrative fines shall be as follows:

(1) For a first violation, a fine of not more than $2,500;

(2) For a second violation within five years of a previous violation, a fine of not more than $5,000; and

(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000."

SECTION 13. Section 195D-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any employee or agent of the department upon whom the [board] department has conferred powers of police officers, including the power to serve and execute warrants and arrest offenders, or issue citations throughout the State, and any police officer of the counties of this State shall have the authority to enforce any of the provisions of this chapter or any rule adopted under this chapter."

SECTION 14. Section 199-1, Hawaii Revised Statutes, is amended to read as follows:

"§199-1 [Board of land and natural resources,] Department of law enforcement services; powers and duties. The [board of land and natural resources shall establish within the department of land and natural resources] department of law enforcement services shall establish a conservation and resources enforcement program relating to the enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, and shall employ or appoint, and remove, the following persons, subject to chapter 76 and section 78-1, who shall be provided with suitable badges or insignia of office by the department of [land and natural resources:] law enforcement services:

(1) An enforcement chief of the department of [land and natural resources,] law enforcement services, who shall be the head of the conservation and resources enforcement program and shall have charge, direction, and control, subject to the direction and control of the board, of all matters relating to the enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder and such other matters as the [board] department may from time to time direct. The enforcement chief shall be an administrator experienced in conservation and resources law enforcement and management; and

(2) Personnel and enforcement officers of the conservation and resources enforcement program, including but not limited to enforcement officers on a voluntary basis and without pay."

SECTION 15. Section 199-1.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) As used in this section, "department" means the department of [land and natural resources.] law enforcement services."

SECTION 16. Section 199-2, Hawaii Revised Statutes, is amended to read as follows:

"§199-2 [Board of land and natural resources,] Department of law enforcement services, delegation of authority. The [board of land and natural resources] department of law enforcement services may delegate to enforcement officers within the conservation and resources enforcement program, such authority as may be required for enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder."

SECTION 17. Section 199-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The conservation and resources enforcement officers, with respect to all state lands, including public lands, state parks, forest reserves, forests, aquatic life and wildlife areas, Kahoolawe island reserve, and any other lands and waters within the State, shall:

(1) Enforce title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder;

(2) Investigate complaints, gather evidence, conduct investigations, and conduct field observations and inspections as required or assigned;

(3) Cooperate with enforcement authorities of the State, counties, and federal government in development of programs and mutual aid agreements for conservation and resources enforcement activities within the State;

(4) Cooperate with established search and rescue agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for search and rescue activities within the State;

(5) Check and verify all leases, permits, and licenses issued by the department of land and natural resources;

(6) Enforce the laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134;

(7) Enforce the laws in chapter 291E relating to operating a vessel on or in the waters of the State while using intoxicants;

(8) Whether through a specifically designated marine patrol or otherwise, enforce the rules in the areas of boating safety, conservation, and search and rescue relative to the control and management of boating facilities owned or controlled by the State, ocean waters, and navigable streams and any activities thereon or therein, and beaches encumbered with easements in favor of the public, and the rules regulating vessels and their use in the waters of the State; and

(9) Carry out other duties and responsibilities as the [board of land and natural resources] department of law enforcement services from time to time may direct."

SECTION 18. Section 199-4, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

"§199-4 [Board of land and natural resources,] Department of law enforcement services, police powers. (a) The [board of land and natural resources] department of law enforcement services shall have police powers and may appoint and commission enforcement officers within the conservation and resources enforcement program. Persons appointed and commissioned under this section shall have and may exercise all of the powers and authority of a police officer, including the power of arrest, and in addition to enforcing title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, may enforce all other state laws and rules, and county ordinances within all lands and waters of the State; provided that such powers shall remain in force and effect only while in actual performance of their duties, which shall include off-duty employment when such employment is for other state departments or agencies. These enforcement officers shall consist of personnel whose primary duty will be the enforcement of title 12, chapters 6D, 6E, and 6K, and the rules adopted thereunder within the areas under the jurisdiction of the department of [land and natural resources.] law enforcement services."

SECTION 19. Section 199-7, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Any police officer or agent of the department of [land and natural resources] law enforcement services upon whom the [board of land and natural resources] department has conferred powers of police officers, shall have the authority to conduct searches on probable cause as provided by law and to seize any equipment, article, instrument, aircraft, vehicle, vessel, business records, or natural resource used or taken in violation of the provisions contained in chapters 6D, 6E, and 6K, or title 12, or any rules adopted thereunder. For purposes of this section, "natural resource" includes any archaeological artifacts, minerals, any aquatic life or wildlife or parts thereof, including their eggs, and any land plants or parts thereof, including seeds."

2. By amending subsections (c) and (d) to read:

"(c) The department of [land and natural resources] law enforcement services shall compile a list of all equipment, articles, instruments, aircraft, vehicles, vessels, or any natural resource forfeited as provided in this section and shall publish the list in its annual report.

(d) Notwithstanding any other law to the contrary, the department of [land and natural resources] law enforcement services may sell or take actions to cause the sale of any perishable natural resource that is seized to prevent the waste of the natural resource and to ensure the economic value of such natural resource; provided that the department may not sell or cause the sale of any threatened or endangered species or any other species whose sale is prohibited by law. The department of [land and natural resources] law enforcement services may require the person or persons who took the natural resources to sell the seized natural resources at fair market value. The department of [land and natural resources] law enforcement services may require any person purchasing any seized natural resource to deliver the proceeds of the sale to the department of [land and natural resources] law enforcement services or its authorized representative. Any person who refuses to sell the seized natural resources at fair market value or any person who fails to deliver the proceeds of the sale, as directed by the department of [land and natural resources,] law enforcement services, shall be in violation of this subsection and punishable as provided by law. The department of [land and natural resources] law enforcement services shall deposit and keep the proceeds of the sale in an interest bearing account until such time as the suspected violation is settled between the person or persons who took the natural resource, consignee or consignees, if any, and the department of [land and natural resources.] law enforcement services. Should a settlement not be reached, the department of [land and natural resources] law enforcement services shall submit the proceeds of the sale to the environmental court. The proceeds of the sale, after deducting any reasonable costs of the sale incurred by the department of [land and natural resources,] law enforcement services, shall be subject to any administrative or judicial proceedings in the same manner as the seized natural resource would have been, including an action in rem for the forfeiture of the proceeds. Seizure and sale of a natural resource is without prejudice to any other remedy or sanction authorized by law."

SECTION 20. Section 199D-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established, within the department of [land and natural resources,] law enforcement services, a civil natural resource violations system, whose purpose shall be to process violations of departmental regulations for which administrative penalties have been authorized by law or rules adopted thereunder."

SECTION 21. Section 261-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The director of [transportation,] law enforcement services, officers, and employees of the department of [transportation,] law enforcement services, and every state and county officer charged with the enforcement of state laws and ordinances, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto and of all other laws of the State; and in that connection each of the persons may inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, or other aeronautical activities are operated or conducted. In aid of the enforcement of this chapter, the rules and orders issued pursuant thereto, and all other laws of the State, the powers of police officers are conferred upon the director, and such of the officers, employees, agents, and representatives of the department as may be designated by the director to exercise such powers, including the power to serve and execute warrants and arrest offenders, and the power to serve notices and orders. For the purposes of this subsection the term "agents and representatives" includes persons performing services at airports under contract with the department."

SECTION 22. Section 261-17.6, Hawaii Revised Statutes, is as follows:

1. By amending subsection (a) to read:

"(a) The director of law enforcement services may enforce airport rules pertaining to vehicle parking at airports by imposing fines not to exceed $50 per violation or by removing the vehicle of the offender from the area within the airport's jurisdiction, or both; provided that a person violating any provision of part III of chapter 291, or any rule adopted thereunder, shall be guilty of a traffic infraction under chapter 291D and shall be fined or otherwise penalized in accordance with part III of chapter 291."

2. By amending subsection (c) to read:

"(c) Any vehicle not repossessed within the time limits provided in subsection (b) after compliance by the department of law enforcement services with the notice requirements provided by that subsection, shall be disposed of by public auction, through oral tenders, or by sealed bids, after public notice has been given; provided that the public auction shall not be held less than five days after public notice has been given. Where no bid is received, the vehicle may be either sold by negotiation, disposed of or sold as junk, or donated to any governmental agency; and further provided that the requirements of public auction may be waived when the appraised value of any vehicle is less than $100 as determined by an independent appraiser who has had at least one year of experience in the sale or purchase of motor vehicles as a licensed motor vehicle salesperson. In that event the vehicle, after public notice has been given, may be disposed of in the same manner as when a vehicle is put up for public auction and for which no bid is received."

3. By amending subsections (f) and (g) to read:

"(f) All proceeds from the sale of vehicles shall be [deposited] transferred from the department of law enforcement services to the department of transportation for deposit into the airport revenue fund. The legal or registered owner is entitled to recover the excess of the proceeds from the sale over expenses, if the claim is filed with the department of law enforcement services within sixty days from the execution of the sales agreement. The legal owner shall receive priority of payment to the extent of the legal owner's lien on the vehicle. The department of law enforcement services may file a claim within the same period against the legal or registered owner or person with an unrecorded interest for the deficiencies between the sale proceeds and expenses.

(g) A vehicle shall be deemed a derelict by the director of law enforcement services under any one of the following conditions:

(1) If the certificate of registration of the vehicle has expired and the registered and legal owner no longer resides at the address listed on the last certificate of registration on record with the county director of finance;

(2) If the last registered and legal owner of record disclaims ownership;

(3) If essential major parts have been removed so as to render the vehicle inoperable, and the vehicle identification numbers, license number plates, and other means of identification have been removed so as to nullify efforts to locate or identify the registered and legal owner; or

(4) If the vehicle registration records of the county director of finance contain no record that the vehicle has ever been registered in the county."

SECTION 23. Section 261-19, Hawaii Revised Statutes, is amended to read as follows:

"§261-19 Exchange of violations information. The department of [transportation] law enforcement services may report to the appropriate federal agencies and agencies of the states and territories of the United States all proceedings instituted charging violation of section 261-15, 263-9, or 263‑11, and all penalties, of which it has knowledge, imposed upon airmen or the owners or operators of aircraft for violations of the laws of the State relating to aeronautics or for violations of the rules, regulations, or orders of the department[.] of law enforcement services. The department of law enforcement services may receive reports of penalties and other data from agencies of the federal government, the states, and territories of the United States and, when necessary, enter into agreements with federal agencies and the agencies of such states and territories governing the delivering, receipt, exchange, and use of reports and data. The department of law enforcement services may make the reports and data of the federal agencies, the agencies of the states and territories, and the courts of the State available, with or without request therefor, to any and all courts of the State, and to any officer of the State or of a municipality authorized pursuant to section 261-17 to enforce the aeronautics law."

SECTION 24. Section 266-24, Hawaii Revised Statutes, is amended to read as follows:

"§266-24 Enforcement. (a) The director of [transportation] law enforcement services shall enforce this chapter and all rules thereunder[, except for the rules relative to the control and management of the beaches encumbered with easements in favor of the public and ocean waters which shall be enforced by the department of land and natural resources]. For the purpose of the enforcement of this chapter and of all rules adopted pursuant to this chapter, the powers of police officers are conferred upon the director of [transportation] law enforcement services and any officer, employee, or representative of the department of [transportation.] law enforcement services. Without limiting the generality of the foregoing, the director and any person appointed by the director hereunder may serve and execute warrants, arrest offenders, and serve notices and orders. The director of [transportation] law enforcement services and any employee, agent, or representative of the department of [transportation] law enforcement services appointed as enforcement officers by the director, and every state and county officer charged with the enforcement of any law, statute, rule, regulation, ordinance, or order, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto, and in carrying out the responsibilities hereunder, each shall be specifically authorized to:

(1) Conduct any enforcement action hereunder in any commercial harbor area and any area over which the department of [transportation] law enforcement services and the director of [transportation] law enforcement services has jurisdiction under this chapter;

(2) Inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where harbors or harbor facilities are situated, or where harbor-related activities are operated or conducted; and

(3) Subject to limitations as may be imposed by the director of [transportation,] law enforcement services, serve and execute warrants, arrest offenders, and serve notices and orders.

Any employee appointed as a law enforcement officer by the director of [transportation] law enforcement services pursuant to this section who has been qualified by training may use electric guns, as specifically provided in section 134-16, when exercising powers of police officers and carrying out the responsibilities described herein; provided that training for the purposes of this section means a course of instruction or training in the use of any electric gun that is provided, authorized, or approved by the manufacturer of the electric gun prior to deployment or issuance of electric guns and related equipment.

For purposes of this subsection, the term "agents and representatives" includes persons performing services at harbors or harbor areas under contract with the department of [transportation.] law enforcement services.

(b) The department of [transportation,] law enforcement services, in the name of the State, may enforce this chapter and the rules and orders issued pursuant thereto by injunction or other legal process in the courts of the State."

SECTION 25. Section 329-51, Hawaii Revised Statutes, is amended to read as follows:

"§329-51 Powers of enforcement personnel. Any officer or employee of the department of [public safety] law enforcement services designated by the director of [public safety] law enforcement services may:

(1) Carry firearms in the performance of the officer's or employee's official duties;

(2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this State;

(3) Make arrests without warrant for any offense under this chapter and under part IV of chapter 712 committed in the officer's or employee's presence, or if the officer or employee has probable cause to believe that the person to be arrested has committed or is committing a violation of this chapter or part IV of chapter 712 which may constitute a felony;

(4) Make seizures of property pursuant to this chapter; or

(5) Perform other law enforcement duties as the director of [public safety] law enforcement services designates."

SECTION 26. Section 329-54, Hawaii Revised Statutes, is amended to read as follows:

"§329-54 Cooperative arrangements and confidentiality. (a) The department of [public safety] law enforcement services shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may:

(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;

(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;

(3) Cooperate with the Bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the State, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and

(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.

(b) Results, information, and evidence received from the Bureau relating to the regulatory functions of this chapter, including results of inspections conducted by it may be relied and acted upon by the department of [public safety] law enforcement services in the exercise of its regulatory functions under this chapter.

(c) A practitioner engaged in medical research is not required or compelled to furnish the name or identity of a research subject to the department of [public safety,] law enforcement services, nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative, or other proceedings to furnish the name or identity of any research subject that the practitioner is obligated to keep confidential unless the subject violates section 329-41 or 329‑46 or commits an offense pursuant to part IV of chapter 712."

SECTION 27. Section 329-57, Hawaii Revised Statutes, is amended to read as follows:

"§329-57 Judicial review. All final determinations, findings and conclusions of the department of [public safety] law enforcement services under this chapter are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision pursuant to chapter 91. Findings of fact by the department of [public safety,] law enforcement services, if supported by substantial evidence, are conclusive."

SECTION 28. Section 329-58, Hawaii Revised Statutes, is amended to read as follows:

"§329-58 Education and research. (a) The department of [public safety] law enforcement services shall carry out educational programs designed to prevent and determine misuse and abuse of controlled substances. In connection with these programs it may:

(1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

(2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

(3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

(4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

(5) Disseminate the result of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;

(6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.

(b) The department of [public safety] law enforcement services may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are subjects of research for which the authorization was obtained.

(c) The department of [public safety] law enforcement services may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization."

SECTION 29. Section 353C-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"[[](a)[]] The director of public safety shall administer the public safety programs of the department of public safety and shall be responsible for the formulation and implementation of state goals and objectives for correctional [and law enforcement] programs, including ensuring that correctional facilities and correctional services meet the present and future needs of persons committed to the correctional facilities. 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 violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or 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 public safety officers[, including law enforcement and correctional personnel,] and other employees of the department;

[(3) Serve process both in civil and criminal proceedings;

(4)] (3) Perform other duties as may be required by law;

[(5)] (4) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of public safety programs; and

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

SECTION 30. Section 353C-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§353C-3[]] Deputy directors; appointment. The director shall appoint, without regard to chapter 76, [three] two deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director, one deputy director shall oversee the correctional programs and facilities of the department[, one deputy director shall oversee the law enforcement programs of the department,] and one deputy director shall oversee administration of the department."

SECTION 31. Section 353C-4, Hawaii Revised Statutes, is amended to read as follows:

"§353C-4 Appointment of [employees with police powers and other] employees. [(a) The director may appoint employees to be public safety officers who shall have all of the powers of police officers; provided that the director may establish and assign the employees to positions or categories of positions that may have differing titles, specific duties, and limitations upon the exercise of police powers.

(b)] The director may appoint [other] personnel necessary to carry out the functions of the department.

[(c) The state law enforcement officers transferred from the department of the attorney general by Act 211, Session Laws of Hawaii 1989, shall be responsible for public safety in state buildings as well as the personal protection of government officials and employees while in the conduct of their duties. The duties of state law enforcement officers shall also include the service of process, including subpoenas, warrants, and other legal documents, and other duties as the director may assign, including the performance of duties of other public safety officers within the department. State law enforcement officers shall have all of the powers of police officers, including the power of arrest.]"

SECTION 32. Section 353C-6, Hawaii Revised Statutes, is repealed.

["[§353C-6] Parking fees, exemption. Notwithstanding any other law, rule, or provision to the contrary, special service deputies of the department of public safety are exempt from all state and county parking meter fees and county time parking restrictions while in the performance of their official duties, including attendance at court; provided that this exemption shall:

(1) Apply exclusively to state owned law enforcement vehicles assigned to the department of public safety; and

(2) Not apply to private individuals retained by the department on a contractual basis to serve civil process in any capacity."]

SECTION 33. Section 353C-9, Hawaii Revised Statutes, is repealed.

["[§353C‑9] Department accreditation required. The department shall pursue and obtain accreditation for the sheriff division from the Commission on Accreditation for Law Enforcement Agencies, Inc."]

SECTION 34. All rights, powers, functions, and duties of the department of land and natural resources, department of public safety, and department of transportation relating to law enforcement services are transferred to the department of law enforcement services.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 35. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of land and natural resources, department of public safety, and department of transportation to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of law enforcement services by this Act, shall remain in full force and effect until amended or repealed by the department of law enforcement services pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of land and natural resources, department of public safety, and department of transportation or board of land and natural resources, director of public safety, or director of transportation in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of law enforcement services or director of law enforcement services as appropriate.

SECTION 36. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of land and natural resources, department of public safety, and the department of transportation pursuant to the provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of law enforcement services by this Act shall remain in full force and effect. Upon the effective date of this Act, every reference to the department of land and natural resources, department of public safety, and department of transportation or the board of land and natural resources, director of public safety, and director of transportation therein shall be construed as a reference to the department of law enforcement services as appropriate.

SECTION 37. 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 land and natural resources, department of public safety, and the department of transportation relating to the functions transferred to the department of law enforcement services shall be transferred with the functions to which they relate.

SECTION 38. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 39. This Act shall take effect on July 1, 2021.

INTRODUCED BY:

_____________________________

Report Title:

PSD; DLNR; DOT; Law Enforcement Services

Description:

Establishes a Department of Law Enforcement Services to consolidate the law enforcement functions, including security and service of process duties, of the Department of Land and Natural Resources, Department of Public Safety, and Department of Transportation.

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