STAND. COM. REP. NO. 3178

Honolulu, Hawaii

RE: S.B. No. 3139

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. 3139, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

beg leave to report as follows:

The purpose and intent of this measure is to increase the efficiency and effectiveness of state public safety functions.

Specifically, this measure:

(1) Establishes a Department of Law Enforcement to consolidate and administer criminal law enforcement and investigative functions;

(2) Transfers into the Department of Law Enforcement the law enforcement functions of the Department of Public Safety, Department of Transportation, the Office of Homeland Security, and the non‑statutorily mandated functions of the Department of the Attorney General;

(3) Reestablishes the Department of Public Safety as an independent Department of Corrections and Rehabilitation to administer the corrections, rehabilitation, and reentry of the inmate population; and

(4) Appropriates moneys to the Department of Law Enforcement and Department of Corrections and Rehabilitation.

Your Committees received written comments in support of this measure from United States Immigration and Customs Enforcement, Homeland Security Investigations; the United States Bureau of Alcohol, Tobacco, Firearms and Explosives; Department of the Attorney General; Department of Defense; Department of Public Safety; Department of Transportation; Sheriff Division of the Department of Public Safety; Office of Homeland Security; Department of the Prosecuting Attorney of the City and County of Honolulu; State of Hawaii Organization of Police Officers; Hawaii Government Employees Association; and more than seventy individuals.

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

Your Committees received written comments on this measure from the Department of Budget and Finance; Office of Information Practices; and United Public Workers, AFSCME Local 646.

Your Committees find that consolidating state law enforcement responsibilities into a single state department will improve public safety, enhance decision making, promote accountability, streamline communication, decrease costs, reduce duplication of efforts, provide uniform training and standards, and promote uniform standards of law enforcement services.

Your Committees have amended this measure by:

(1) Clarifying that the consolidation of state law enforcement officers does not relieve or diminish county police officers of any authority or responsibility to enforce laws or to maintain public safety on state lands, in state buildings, or in their respective counties;

(2) Correcting the text of sections 76-16 and 291-31.5(a), Hawaii Revised Statutes, for consistency with the printed version of the Hawaii Revised Statutes;

(3) Changing the amounts appropriated to the Department of Law Enforcement and Department of Corrections and Rehabilitation to unspecified sums;

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

(5) Making technical nonsubstantive amendments 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. 3139, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 3139, 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