STAND. COM. REP. NO. 3392

Honolulu, Hawaii

RE: S.B. No. 2849

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2849, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT STANDARDS BOARD,"

begs leave to report as follows:

The purpose and intent of this measure is to assist the Law Enforcement Standards Board in fulfilling its duties.

Specifically, the measure:

(1) Authorizes designees to serve in place of certain ex officio members of the board;

(2) Increases the number of non-ex officio law enforcement members of the board from two to five;

(3) Exempts the appointment of non-ex officio members of the board from Senate confirmation;

(4) Increases the length of the term served by non-ex officio members of the board from three years to four years;

(5) Requires the board to consider studies relevant to the board's objectives;

(6) Requires the board to conduct its own study on how the board may fulfill its duties;

(7) Retroactively changes the effective date of certain statutory sections relating to the certification, appointment, and employment of law enforcement officers; and

(8) Appropriates $483,000 to the board for two employee positions and administrative expenses.

Your Committee received written comments in support of this measure from the Department of the Attorney General; Department of Land and Natural Resources; Department of Public Safety; Department of Transportation; Hawaii Police Department; and Kauai Police Department.

Your Committee received written comments in opposition to this measure from one individual.

Your Committee recognizes that the Law Enforcement Standards Board's duties include the establishment and enforcement of minimum employment standards for and certification of law enforcement officers throughout the State. Your Committee believes that these employment and certification standards are necessary for public health, safety, and welfare. Your Committee finds that in order to establish appropriate standards, the board needs to consult with various stakeholders, consider reputable studies, and hire appropriate staff. Your Committee also finds that all of the foregoing steps will require time, monetary resources, and the active participation of board members.

Your Committee has amended this measure by:

(1) Clarifying how the non-ex officio law enforcement members of the board shall be representative of the State and counties;

(2) Clarifying that certain members of the board are exempt from the "advice and consent of the senate" normally required by section 26-34, Hawaii Revised Statutes;

(3) Removing language intended to retroactively change the effective date of sections 139-6 and 139-7, Hawaii Revised Statutes, and instead amending sections 139-6 and 139-7, Hawaii Revised Statutes, to establish deadlines relating to the issuance of certifications for, and appointment and employment of, law enforcement officers;

(4) Establishing that a law enforcement officer who entered into employment with an applicable county or state law enforcement agency before July 1, 2023, shall not be terminated for failure to possess a valid law enforcement certification if the termination would violate a valid collective bargaining agreement;

(5) Changing the appropriations to unspecified amounts;

(6) Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and

(7) Making technical nonsubstantive changes for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2849, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2849, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

DONOVAN M. DELA CRUZ, Chair