STAND. COM. REP. NO. 1139

Honolulu, Hawaii

RE:    H.B. No. 1129

       H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred H.B. No. 1129, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SPECIAL DUTY FOR DEPUTY SHERIFFS,"

begs leave to report as follows:

     The purpose and intent of this measure is to require the Department of Public Safety to develop policy and procedures to govern the processing of requests from deputy sheriffs performing special duty and to establish a compensation schedule for law enforcement services provided by deputy sheriffs performing special duty.

     Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations; Department of Public Safety; Department of Taxation; Office of Elections; Stadium Authority; University of Hawai‘i; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and three individuals.

     Your Committee finds that the performance of special duty by deputy sheriffs is common and helps promote and maintain public safety.  Special duty refers to jobs done by deputy sheriffs in a law enforcement capacity for governmental, community, and private events that are not under the direction of the Department of Public Safety.  While deputy sheriffs regularly engage in special duty assignments, existing law does not authorize special duty.  Therefore, there is no system in place for the Department of Public Safety to process special duty requests, nor is there a compensation schedule for special duty.  Accordingly, this measure requires the Department of Public Safety to develop policy and procedures to govern the processing of special duty requests and establish a compensation schedule for deputy sheriffs performing special duty.

     Your Committee also notes concerns about the issue of deputy sheriffs potentially using special duty to "spike", or inflate, their pension and retirement benefits, which can lead to increased costs for the State.  Your Committee suggests that if your Committee on Ways and Means decides to hear this measure, that it may want to further inquire into whether this measure may allow for the "spiking" of pensions or retirement benefits.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1129, H.D. 1, and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental, and Military Affairs,

________________________________

CLARENCE K. NISHIHARA, Chair