STAND. COM. REP. NO. 3168

Honolulu, Hawaii

RE: S.B. No. 1046

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Ways and Means and Judiciary, to which was referred S.B. No. 1046, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to revise the membership, powers, and duties of the Law Enforcement Standards Board.

More specifically, this measure:

(1) Appropriates moneys for the establishment of, and exempts from civil service, the Administrator for the Law Enforcement Standards Board position;

(2) Revises the membership of the Law Enforcement Standards Board;

(3) Requires the Board to consider certain law enforcement consolidation studies;

(4) Requires the Board to conduct its own study to evaluate ways to satisfy its duties efficiently and effectively;

(5) Revises the conditions and requirements for a person to be appointed or employed as a law enforcement officer;

(6) Repeals the December 31, 2021, deadline for the Board to finalize the Board's standards and certification process; and

(7) Appropriates moneys for copying and supply costs for the Board.

Your Committees received written comments in support of this measure from the Department of Public Safety, Department of Taxation, Department of the Attorney General, Department of Transportation, Law Enforcement Standards Board, and Hawaii County Police Department.

Your Committees received written comments in opposition to this measure from the State of Hawaii Organization of Police Officers.

Your Committees find that, by increasing the size of the Law Enforcement Standards Board and allowing the designees of certain ex-officio members to serve on the Board, this measure will expand the perspective of the Board while increasing its operational flexibility.

Your Committees have amended this measure by:

(1) Changing to June 30, 2024:

(A) The date after which each person seeking appointment as a law enforcement officer is required to meet certain conditions;

(B) The date on or after which the Law Enforcement Standards Board is required to issue certifications to certain applicants for appointments as law enforcement officers;

(C) The date after which each person appointed or employed as a law enforcement officer by any county police department or certain state departments is required to possess a valid certification issued by the Board; and

(D) The date before which a person shall have been employed by an applicable county police department or state department in order to be exempt from the law enforcement certification requirement;

(2) Changing the appropriation amounts to unspecified amounts;

(3) Clarifying that the appropriations are for fiscal year 2022-2023;

(4) Correcting the text of section 76-16(b), Hawaii Revised Statutes, in section 2 of the measure to accurately reflect the current text of that statutory section;

(5) Changing:

(A) The effective date of the measure's appropriation sections; and

(B) The effective date for the remainder of the measure,

to July 1, 2050, to facilitate further discussion on the measure; and

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

As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1046, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 1046, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Ways and Means and Judiciary,

________________________________ KARL RHOADS, Chair

________________________________ DONOVAN M. DELA CRUZ, Chair