SECTION 1. The legislature finds that Hawaii is the only state in the country without a statewide board for law enforcement employment standards or training. Given the immense power and authority that the State and counties grant to police, sheriffs, and other law enforcement officers who carry firearms, it is important to establish recommended statewide standards for these officers. These standards would benefit county and state departments or agencies, as well as the general public.

Accordingly, the purpose of this Act is to establish an advisory law enforcement employment standards and training board responsible for recommending statewide standards for employment and training to be implemented by state and county government agencies for their law enforcement officers who carry firearms and wear badges.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

ADVISORY LAW ENFORCEMENT EMPLOYMENT STANDARDS AND TRAINING BOARD

§ -1 Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following terms shall mean as follows:

"Advisory board" means the advisory law enforcement employment standards and training board.

"Law enforcement officer" means:

(1) A police officer employed by a county police department who wears a badge and carries a firearm;

(2) A public safety officer employed by the department of public safety who wears a badge and carries a firearm;

(3) An employee of the department of transportation or the department of land and natural resources who wears a badge and carries a firearm; or

(4) An employee of a government agency's vendor or contractor who is permitted to wear a badge and carry a firearm.

§ -2 Creation of advisory law enforcement employment standards and training board; composition. (a) There is created in the department of the attorney general, for administrative purposes only, the advisory law enforcement employment standards and training board. The advisory board shall consist of the following voting members:

(1) The state sheriff or the sheriff's designee;

(2) Two members of the public not currently employed by a government agency, one of whom shall have a background in criminal justice, shall be appointed by the governor, in accordance with section 26-34;

(3) Two members of the public not currently employed by a government agency, one of whom shall have a legal background, shall be appointed by the governor from a list of two nominees submitted by the president of the senate; and

(4) Two members of the public not currently employed by a government agency, one of whom shall have a background in human resources management, shall be appointed by the governor from a list of two nominees submitted by the speaker of the house of representatives.

In addition, the governor shall invite the chiefs of police of the four counties or their designees to be voting members of the advisory board.

(b) The terms of the members shall end on June 30, 2021.

(c) The advisory board shall select a chairperson from among its members; provided that the chairperson shall not be a current law enforcement officer.

(d) When a vacancy occurs on the advisory board, the successor shall be appointed in the same manner as the predecessor member who vacated a position on the advisory board.

§ -3 Duties. (a) Between January 1, 2017, and September 30, 2018, the advisory board shall hold meetings at least once every quarter; provided that the meetings shall be open to the public in accordance with chapter 92.

(b) By January 7, 2019, the advisory board shall propose recommendations for statewide employment standards and training for law enforcement officers who wear badges and carry firearms. The proposed standards and training recommendations may include but not be limited to age requirements, education requirements, criminal background checks, hearing tests, eye examinations, psychological tests, physical ability tests, and other requirements necessary to become a law enforcement officer. The advisory board may work or collaborate with existing law enforcement agencies to develop the proposed employment standards and training recommendations. The advisory board shall make the proposed standards and training recommendations available for public review and comment for a period of not less than ninety days. The advisory board shall hold at least two public hearings on the proposed standards and training recommendations by March 31, 2019.

(c) After the period of public review and comment, the advisory board shall adopt final statewide employment standards and training recommendations and transmit them to relevant government agencies by July 31, 2019.

(d) Beginning July 31, 2019, the advisory board shall meet at least twice a year to review the statewide employment standards and training recommendations and extent of implementation by the relevant government agencies.

§ -4 Employment standards and training recommendations; voluntary implementation. Each government agency may voluntarily implement the employment standards and training recommendations for its law enforcement officers who wear badges and carry firearms.

§ -5 No cause of action for not implementing recommendation. No person shall have a cause of action against the State or any county, government agency, or law enforcement or other officer for the decision by a government agency to not implement any employment standard or training recommendation of the advisory board.

§ -6 No county mandate. Nothing in this chapter shall be construed to require a political subdivision of this State to undertake a new program or increase the level of service of an existing program that would require cost sharing by the State under article VIII, section 5, of the Constitution of the State of Hawaii.

If any provision of this chapter is deemed to be such a mandate upon a political subdivision, the provision shall be void and no longer in effect.

§ -7 Termination of advisory board. On June 30, 2021, the advisory board shall terminate."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for the operation of the advisory law enforcement employment standards and training board.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. This Act shall take effect on January 7, 2059, and shall be repealed on June 30, 2021.

HOUSE OF REPRESENTATIVES	H.B. NO.	2460
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 1
STATE OF HAWAII		S.D. 1