SB1331.DOC

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

"Chapter

DEPARTMENT OF STATE LAW ENFORCEMENT

§ -A Definitions. As used in this chapter:

"Department" means the department of state law enforcement.

"Director" means the director of state law enforcement.

§ -B Establishment of department; composition. (a) There is established the department of state law enforcement.

(b) The department shall consist of the authority, functions, and services hereto exercised by the:

(1) Narcotics enforcement division of the department of public safety; and

(2) Sheriff division of the department of public safety.

§ -C Powers and duties of the director. The director shall be responsible for the functions and administration of programs in the State relating to law enforcement, as provided in section -B, not including duties and programs of the department of public safety relating to corrections and prisons. Laws existing as of July 1, 2011, relating to functions and programs under section -B, shall be deemed incorporated under this chapter and placed under the jurisdiction of the department.

§ -D Deputy directors; appointment. The director shall appoint, without regard to chapter 76, deputy directors to serve at the director's pleasure.

§ -E Rulemaking powers. The department shall adopt rules pursuant to chapter 91 necessary for purposes of this chapter; provided that as of July 1, 2011, rules relating to the narcotics enforcement division of the department of public safety and the sheriff division of the department of public safety, as adopted by the respective departments, shall be deemed in effect and shall be amended accordingly to reflect appropriately the term "department of state law enforcement", as applicable."

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

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

(b) The department of state law enforcement shall be responsible for the administration and implementation of state policies and objectives for law enforcement programs and functions.

(c) Effective July 1, 2011, the functions, authority, and obligations, together with the limitations imposed thereon and privileges and immunities conferred thereby, heretofore exercised by the narcotics enforcement division of the department of public safety and the sheriff division of the department of public safety, shall be transferred to the department of state law enforcement."

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 state law enforcement (Section 26- )."

SECTION 4. Section 26-14.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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[,] 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~~]."

SECTION 5. Section 26-52, Hawaii Revised Statutes, is amended to read as follows:

"§26-52 Department heads and executive officers. The salaries of the following state officers shall be as follows:

(1) The salary of the superintendent of education shall be set by the board of education at a rate no greater than $150,000 a year;

(2) The salary of the president of the University of Hawaii shall be set by the board of regents;

(3) Effective July 1, 2004, the salaries of all department heads or executive officers of the departments of accounting and general services, agriculture, attorney general, budget and finance, business, economic development, and tourism, commerce and consumer affairs, Hawaiian home lands, health, human resources development, human services, labor and industrial relations, land and natural resources, public safety, taxation, and transportation shall be as last recommended by the executive salary commission. Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature; provided that the director of state law enforcement's salary shall be the same as the director public safety; and

(4) The salary of the adjutant general shall be $85,302 a year. Effective July 1, 2007, and every six years thereafter, the salary of the adjutant general shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature, except that if the state salary is in conflict with the pay and allowance fixed by the tables of the regular army or air force of the United States, the latter shall prevail."

SECTION 6. 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)~~] (1) 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)~~] (2) Perform other duties as may be required by law;

[~~(5)~~] (3) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of public safety programs; and

[~~(6)~~] (4) 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 7. 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 8. The revisor of statutes shall assign the appropriate section numbers to the letter designations in section 1 of this Act.

SECTION 9. All laws and parts of laws heretofore enacted which are in conflict with the provisions of this Act are hereby amended to conform herewith. All acts passed during the regular session of 2009, whether enacted before or after passage of this Act, shall be amended to conform to this Act, unless the Acts specifically provide for the Act relating to the "department of public safety" as being amended. 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. All rights, powers, functions, and duties of the narcotics enforcement division of the department of public safety and sheriff division of the department of public safety are transferred to the department of state law enforcement.

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 11. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the narcotics enforcement division of the department of public safety and sheriff division of the department of public safety relating to the functions transferred to the department of state law enforcement shall be transferred with the functions to which they relate.

SECTION 12. The sheriff division of the department of public safety shall develop a complete organizational and budget plan for the implementation and operation of the department of state law enforcement, as provided in section 1 of this Act, for submission to the legislature by no later than twenty days prior to the convening of the regular session of 2010, for purposes of the state budget for fiscal year 2011-2012.

SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 14. This Act shall take effect on July 1, 2011;

provided that section 12 shall take effect on July 1, 2009.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1331
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII