Transfers the law enforcement and security functions of the Department of Public Safety to the Department of Attorney General.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to transfer the law enforcement and security functions of the department of public safety to the department of the attorney general.

SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§28- Law enforcement personnel, powers and authority. (a) The attorney general may appoint employees who shall have all of the powers of police officers; provided that the attorney general 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 attorney general may administer a law enforcement program that may include the following:

SECTION 3. Section 26-7, Hawaii Revised Statutes, is amended to read as follows:

"§26-7 Department of the attorney general. The department of the attorney general shall be headed by a single executive to be known as the attorney general.

The department shall administer and render state legal services, including furnishing of written legal opinions to the governor, legislature, and such state departments and officers as the governor may direct; represent the State in all civil actions in which the State is a party; approve as to legality and form all documents relating to the acquisition of any land or interest in lands by the State; and, unless otherwise provided by law, prosecute cases involving violations of state laws and cases involving agreements, uniform laws, or other matters which are enforceable in the courts of the State. The attorney general shall be charged with such other duties and have such authority as heretofore provided by common law or statute.

There shall be within the department of the attorney general a commission to be known as the commission to promote uniform legislation which shall sit in an advisory capacity to the attorney general and to the legislature on matters relating to the promotion of uniform legislation. The composition of the commission shall be as heretofore provided for the commission to promote uniform legislation existing immediately prior to November 25, 1959. The members of the commission shall be nominated, and by and with the advice and consent of the Senate, appointed by the governor for terms of four years each, provided that each member shall hold office until the member's successor is appointed and qualified; and provided also that the provisions of section 26-34, limiting the appointment of members of boards and commissions to two terms and the duration of membership to not more than eight consecutive years shall not be applicable.

The functions and authority heretofore exercised by the attorney general, high sheriff, and the commission to promote uniform legislation as heretofore constituted are transferred to the department of the attorney general established by this chapter.

Effective July 1, 2005, the functions and authority heretofore exercised by the director of public safety and the department of public safety pursuant to section 26-14.6(d)(2) and (3), (e), (f), (g), (j), (k), and (m) relating to law enforcement and security shall be transferred to the department of the attorney general."

SECTION 4. Section 26-14.6, Hawaii Revised Statutes, is amended to read as follows:

"§26-14.6 Department of [public safety.] corrections. (a) The department of [public safety] corrections shall be headed by a single executive to be known as the director of [public safety.] corrections.

(b) The department of [public safety] corrections 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. Effective July 1, 2005, the Hawaii paroling authority and the crime victims compensation commission are placed within the department of corrections for administrative purposes.

(d) Effective July 1, 1990, the functions and authority heretofore exercised by:

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, 88-51, 105-4, 134-11, 134-51, 183D-11, 187A-14, 201G-55, 201G-74, 231-25, 281-108, 281-111, 286-52, 286-52.5, 321-1, 322-6, 325-9, 325-80, 353-11, 383-71, 438-5, 445-37, 482E-4, 485-6, 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.

(j) Effective January 1, 1993, the functions and authority heretofore exercised by the director of human services and the department of human services relating to contractual security guard services shall be transferred to the department of public safety.

(k) Effective July 1, 1994, the functions and authority heretofore exercised by the adjutant general relating to security for national guard and state civil defense facilities in the Diamond Head complex, for after work hours, shall be transferred to the department of public safety.

(l) Effective July 1, 2002, the functions and authority heretofore exercised by the director of public safety and the department of public safety relating to after hours security contracts at department of education facilities, including all security functions being performed by employees of the public library system, as well as the contractual security services for the libraries, shall be transferred to the department of education and the public library system as appropriate.

(m) The department shall coordinate drug abatement efforts of the communities with the State, counties, and community agencies, by:

The department shall submit an annual report to the legislature twenty days before the convening of each regular session, on the activities of the department relating to this mandate.

(n) Effective July 1, 2005, the functions and authority heretofore exercised by the director of public safety and the department of public safety pursuant to subsections (d)(2) and (3), (e), (f), (g), (j), (k), and (m) relating to law enforcement and security shall be transferred to the department of the attorney general and the other functions and authority shall be exercised by the director of corrections and the department of corrections."

SECTION 5. Section 329-59, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established within the state treasury the controlled substance registration revolving fund. The fund shall be expended at the discretion of the [director of public safety] attorney general for the purpose of:

SECTION 6. Section 329-69, Hawaii Revised Statutes, is amended to read as follows:

"§329-69 Subpoena powers. Subject to the privileges which witnesses have in the courts of this State, the [director of public safety or the director's] attorney general or the attorney general's designated subordinate is empowered pursuant to and in accordance with the rules of court to subpoena witnesses, examine them under oath and require the production of books, papers, documents or objects where the [director of public safety] attorney general reasonably believes the information sought is relevant or material to enforcement of this chapter. Books, papers, documents, or objects obtained pursuant to exercise of these powers may be retained by the [director of public safety or the director's] attorney general or the attorney general's designate for forty-eight hours for the purpose of examination, audit, copying, testing, or photographing. Upon application by the [director of public safety,] attorney general, obedience to the subpoenas may be enforced by the circuit court in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court."

SECTION 7. Section 353C-2, Hawaii Revised Statutes, is amended to read as follows:

"§353C-2 Director of public safety; powers and duties. The director of public safety shall administer the [public safety] corrections 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:

SECTION 8. 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 9. Sections 329-1, 329-4, 329-11, 329-18, 329-20, 329-23, 329-31, 329-32, 329-33, 329-34, 329-35, 329-36, 329-37, 329-51, 329-52, 329-54, 329-55, 329-57, 329-58, 329-63, 329-64, 329-66, 329-67, 329-68, 329-121, and 329-123, Hawaii Revised Statutes, are amended by substituting the term "department of the attorney general" or like term, wherever the term "department of public safety" appears, as the context requires.

SECTION 10. Sections 26-14.6, 334-74, 351-62.5, 351-70, 353-1, 353-10, 353-10.5, 353-15, 353-16.5, 353-22.6, 353-22.8, 353-63, 353-63.5, 353-65, 353-72, 353-101, 353C-1, 353C-2, 353-F-2, 353F-4, 354D-2, 355D-4, 355D-5, and 706-605.5, Hawaii Revised Statutes, are amended by substituting the term "director of corrections" or like term, wherever the term "director of public safety" appears, as the context requires.

SECTION 11. Sections 23-12, 26-4, 26-14.6, 321-193.5, 350-1.1, 351-11, 352-10, 353-1, 353-8, 356-10, 353-10.5, 353-11.5, 353-13.4, 353-16.37, 353C-1, 353C-2, 353C-5, 353C-6, 353E-1, 353E-2, 353F-1, 353F-6, 353G-2, 353G-3, 353G-4, 53G-5, 353G-6, 353G-13, 353G-14, 353G-16, 354D-1, 354D-2, 356-10, 706-605.5, and 801D-4, Hawaii Revised Statutes, are amended by substituting the term "department of corrections" or like term, wherever the term "department of public safety" appears as the context requires.

SECTION 12. All the rights, powers, functions, duties, resources, positions within their respective authorized position ceilings, and personnel of the department of public safety set forth below shall be transferred to the department of the attorney general effective July 1, 2005:

SECTION 13. All contracts, agreements, leases, rules, or other documents executed or entered into by or on behalf of the department of public safety pursuant to the provisions of the Hawaii Revised Statutes, which are made applicable to the department of the attorney general by this Act, shall remain in full force and effect. Effective July 1, 2005, every reference to the department of public safety or the director of public safety therein shall be construed as a reference to the department of the attorney general or the attorney general as appropriate.

SECTION 14. All appropriations, resources, records, equipment, machines, files, supplies, contracts, books, papers, documents, and other personal property made, used, acquired, or held by the department of public safety relating to the functions transferred to the department of the attorney general by this Act, shall be transferred with the functions to which they relate.

SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect on July 1, 2005.