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HOUSE OF REPRESENTATIVES |
H.B. NO. |
629 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LAW ENFORCEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . ENFORCEMENT DIVISION
§28-A Enforcement division. (a) There is established in the department of the attorney general an enforcement division. The enforcement division shall consist of law enforcement officers, investigators, and other specialized personnel necessary to implement this part. Personnel subject to this part shall be appointed by the attorney general, who shall fix their compensation. Every appointee shall be entitled to hold the appointee's position during good behavior, subject to removal by the attorney general only as provided in chapter 76.
(b) The enforcement division shall engage in all matters relating to state law enforcement, including the functions and authority heretofore exercised by the:
(1) Division of conservation and resources enforcement of the department of land and natural resources;
(2) Department of public safety:
(A) State law enforcement officers; and
(B) Narcotics enforcement investigators with the narcotics enforcement division; and
(3) Harbors division of the department of transportation.
§28-B Law enforcement officers. (a) The law enforcement officers appointed by the attorney general shall have all of the powers of police officers, including the power of arrest. The duties of the law enforcement officers shall include the service of process, including subpoenas, warrants, and other legal documents, and other duties as the attorney general may assign.
(b) The state law enforcement officers transferred from the department of public safety by Act , Session Laws of Hawaii 2021, shall be responsible for public safety in state buildings as well as the personal protection of government officials and employees while in the conduct of their duties.
§28-C Parking fees, exemption. Notwithstanding any other law to the contrary, law enforcement officers of the department of the attorney general shall be exempt from all state and county parking meter fees and county time parking restrictions while in the performance of their official duties, including attendance at court; provided that the exemption shall:
(1) Apply exclusively to state-owned law enforcement vehicles assigned to the department of the attorney general; and
(2) Not apply to private individuals retained by the department on a contractual basis to serve civil process in any capacity.
§28‑D Department accreditation required. The department of the attorney general shall pursue and obtain accreditation for its sheriffs from the Commission on Accreditation for Law Enforcement Agencies, Inc.
§28-E Service
of process; list. (a) For service of process, the attorney general
shall maintain a list of independent civil process servers to process:
(1) Orders to show cause pursuant to chapters 603, 604, and 633;
(2) Garnishment pursuant to chapter 652;
(3) Writs of replevin and attachment pursuant to chapter 634;
(4) Writs of possession pursuant to chapters 501 and 666;
(5) Orders for examination pursuant to chapter 636; and
(6) Writs of attachment or execution pursuant to chapter 651.
(b) Any independent civil process server may submit the server's name to the attorney general to be placed on the list; provided that a person shall not be placed on the list if the person:
(1) Is serving a criminal sentence;
(2) Has been convicted of a crime within the previous ten years;
(3) Is required to register as a sex offender;
(4) Is subject to any other legal restriction, including a temporary restraining order, that prevents the person from serving process; or
(5) Cannot provide a copy of a current State of Hawaii general excise tax license.
(c) The department of the attorney general, State,
and agencies, officers, and employees of the department of the attorney general
or State shall not be responsible or liable for the actions of any independent
civil process server on the list. The
maintenance of the list shall not create a private cause of action against the
department of the attorney general, State, or agencies, officers, and employees
of the department of the attorney general or State.
(d) Placement of a person's name on the list shall not make the person a law enforcement officer, a sheriff or deputy sheriff, or an employee or agent of the State."
SECTION 2. Section 26-14.6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) The department of public safety shall be
responsible for the formulation and implementation of state policies and objectives
for correctional, security, [law enforcement,] and public safety
programs and functions, for the administration and maintenance of all public or
private correctional facilities and services, [for the service of process,]
and for the security of state buildings."
2. By amending subsections (d) through (f) to read:
"(d) Effective July 1, 1990, the functions and authority heretofore exercised by:
(1) The department of corrections relating to adult corrections and the intake service centers;
(2) The judiciary relating to the sheriff's office and judiciary security personnel; and
(3) The department of the attorney general relating to state law enforcement officers and narcotics enforcement investigators with the narcotics enforcement division,
shall be transferred to the department of public safety.
Effective July 1, 2022, the functions and authority heretofore exercised by the department of public safety relating to personnel subject to paragraphs (2) and (3) shall be transferred to the department of the attorney general.
(e)
Effective July 1, 1990, the functions and authority heretofore exercised
by the department of health pursuant to chapters 329 and 329C, with the
exception of sections 329-2, 329-3, and [329-4(3) to (8),] 329-4,
shall be transferred to the department of public safety.
Effective July 1, 2022, the functions and authority heretofore exercised by the department of public safety pursuant to sections 329-51, 329-59, and 329-69 shall be transferred to the department of the attorney general.
SECTION 3. Section 28-151, Hawaii Revised Statutes, is amended by amending the definitions of "law enforcement agency" and "law enforcement officer" to read as follows:
""Law enforcement
agency" means any county police department, the department of [public
safety,] the attorney general, and any state or county public body
that employs law enforcement officers.
"Law enforcement officer"
means a sheriff, deputy sheriff, police officer, enforcement officer within the
department of [land and natural resources conservation and resources
enforcement program, enforcement officer within the department of transportation
harbors division,] the attorney general enforcement division, and
any other employee of a state or county public body who carries a badge and
firearm and has powers of arrest."
SECTION 4. Section 78-52, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Unless the context otherwise requires, for the purposes of this section:
"Emergency services personnel" means any employee of an emergency services provider who is engaged in providing firefighting, water safety, and emergency medical services.
"Emergency services provider" means any public employer that employs persons to provide firefighting, water safety, and emergency medical services.
"Employee assistance program" means a program established by a law enforcement agency or emergency services provider to provide counseling or support services to employees of the law enforcement agency or emergency services provider.
"Law enforcement agency" means
any county police department, the department of [public safety,] the attorney
general, and any state or county public body that employs law enforcement
officers.
"Law enforcement officer" means a sheriff, deputy sheriff, police officer, parole officer, or probation officer.
"Peer support counseling sessions" includes critical incident stress management sessions."
SECTION 5. Section 88-21, Hawaii Revised Statutes, is amended by amending the definition of "public safety investigations staff investigators" to read as follows:
""Public safety
investigations staff investigators"[:] means those employees
in the [investigations staff office of the department of public safety] department
of the attorney general enforcement division who have been conferred police
powers by the [director of public safety] attorney general in
accordance with section [353C-4] 28-B and are in the positions of
investigator I to VII."
SECTION 6. Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:
"(j) In all cases where a
permit application under this section is denied because an applicant is
prohibited from owning, possessing, receiving, or controlling firearms under
federal or state law, the chief of police of the applicable county shall,
within ten business days from the date of denial, send written notice of the denial
including the identity of the applicant and the reasons for the denial to the:
(1) Prosecuting attorney in the county where the permit was denied;
(2) Attorney general; and
(3) United States
Attorney for the District of Hawaii[; and
(4) Director of
public safety].
If the permit to acquire was denied because
the applicant is subject to an order described in section 134-7(f), the chief
of police shall, within three business days from the date of denial, send
written notice of the denial to the court that issued the order.
When the [director of public safety]
attorney general receives notice that an applicant has been denied a
permit because of a prior criminal conviction, the [director of public
safety] attorney general shall determine whether the applicant is
currently serving a term of probation or parole, and if the applicant is
serving such a term, send written notice of the denial to the applicant's
probation or parole officer."
SECTION 7 Section 134-16, Hawaii Revised Statutes, is amended to read as follows:
"§134-16 Restriction on possession, sale, gift, or delivery of electric guns. (a) It shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend, or deliver any electric gun.
(b) Any electric gun possessed, offered for sale, held for sale, sold, given, lent, or delivered in violation of subsection (a) shall be confiscated and disposed of by the chief of police.
(c)
This section shall not apply to:
(1) Law enforcement officers of county police departments;
(2) Law enforcement
officers of the department of [public safety;] the attorney general;
[(3) Conservation
and resources enforcement officers of the department of land and natural resources;
(4)] (3) Members
of the Army or Air National Guard when assisting civil authorities in disaster
relief, emergency management, or law enforcement functions, subject to the
requirements of section 121-34.5; and
[(5) Law
enforcement officers appointed by the director of transportation pursuant to
section 266-24; and
(6)] (4) Vendors
providing electric guns to the individuals described in paragraphs (1) through [(5);]
(3);
provided that electric guns shall at all times
remain in the custody and control of the law enforcement officers of the county
police departments, the law enforcement officers of the department of [public
safety, the conservation and resources enforcement officers of the department
of land and natural resources,] the attorney general, or the members
of the Army or Air National Guard[, or law enforcement officers appointed by
the director of transportation].
(d) The county police departments of this State,
the department of [public safety, the department of land and natural
resources, the army and air national guard, and the department of transportation]
the attorney general, and the Army and Air National Guard shall maintain
records regarding every electric gun in their custody and control. The records shall report every instance of [usage]
use of the electric guns; in particular, records shall be maintained in
a similar manner as for those of discharging of firearms. The county police departments, the department
of [public safety, the department of land and natural resources, the army
and air national guard, and the department of transportation] the attorney
general, and the Army and Air National Guard shall annually report to the
legislature regarding these records no later than twenty days before the
beginning of each regular session of the legislature.
(e) The department of [land
and natural resources, the department of public safety, and the department of transportation]
the attorney general shall ensure that each of its [conservation and resources
enforcement officers and] law enforcement officers who is authorized to use
an electric gun and related equipment shall first receive training from the
manufacturer or from a manufacturer-approved training program, as well as by
manufacturer-certified or approved instructors in the use of electric guns [prior
to] before deployment of the electric guns and related equipment in
public. [Training for conservation
and resources enforcement officers of the department of land and natural
resources, law enforcement officers of the department of public safety, and law
enforcement officers of the department of transportation may be done
concurrently to ensure cost savings.]
(f) No
later than June 30, [2018,] 2023, the [conservation and
resources enforcement program of the department of land and natural resources]
department of the attorney general shall meet the law enforcement
accreditation or recognition standards of the Commission on Accreditation for
Law Enforcement Agencies, Inc., in the use of electric guns.
[(g) No later than June 30, 2024, the law
enforcement officers appointed by the director of transportation shall meet the
law enforcement accreditation or recognition standards of the Commission on
Accreditation for Law Enforcement Agencies, Inc., in the use of electric guns.]"
SECTION 8. Section 199-1, Hawaii Revised Statutes, is amended to read as follows:
"§199-1 [Board] Attorney
general; board of land and natural resources[,]; powers and
duties. The [board of land and
natural resources] attorney general shall establish within the
department of [land and natural resources] the attorney general enforcement
division a conservation and resources enforcement program relating to the
enforcement of title 12[,]; chapters 6D, 6E, and 6K[,];
and rules adopted thereunder, and shall employ or appoint, and remove, the
following persons, subject to chapter 76 and section 78-1, who shall be
provided with suitable badges or insignia of office by the department of [land
and natural resources:] the attorney general:
(1) An enforcement
chief of the department of [land and natural resources,] the attorney
general enforcement division, who shall be the head of the conservation and
resources enforcement program and shall have charge, direction, and control, subject
to the direction and control of the board[,] of land and natural resources,
of all matters relating to the enforcement of title 12[,];
chapters 6D, 6E, and 6K[,]; and rules adopted thereunder and [such]
other matters as the board of land and natural resources may from time
to time direct. The enforcement chief
shall be an administrator experienced in conservation and resources law
enforcement and management; and
(2) Personnel and enforcement officers of the conservation and resources enforcement program, including but not limited to enforcement officers on a voluntary basis and without pay."
SECTION 9. Section 199-1.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) As used in this section, "department"
means the department of [land and natural resources.] the attorney general."
SECTION 10. Section 199-2, Hawaii Revised Statutes, is amended to read as follows:
"§199-2 [Board of land and
natural resources,] Attorney general; delegation of authority. The [board of land and natural resources]
attorney general may delegate to enforcement officers within the
conservation and resources enforcement program, [such] any
authority as may be required for enforcement of title 12[,]; chapters
6D, 6E, and 6K[,]; and rules adopted thereunder."
SECTION 11. Section 199-4, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"§199-4 [Board of land and
natural resources,] Attorney general; police powers. (a) The
[board of land and natural resources] attorney general shall have
police powers and may appoint and commission enforcement officers within the
conservation and resources enforcement program. Persons appointed and commissioned under this
section shall have and may exercise all of the powers and authority of a police
officer, including the power of arrest, and in addition to enforcing title 12[,];
chapters 6D, 6E, and 6K[,]; and rules adopted thereunder, may
enforce all other state laws and rules, and county ordinances within all lands
and waters of the State; provided that [such] these powers shall
remain in force and effect only while in actual performance of their duties,
which shall include off-duty employment when [such] the
employment is for other state departments or agencies. These enforcement officers shall consist of
personnel whose primary duty will be the enforcement of title 12[,];
chapters 6D, 6E, and 6K[,]; and the rules adopted thereunder
within the areas under the jurisdiction of the department of land and natural resources."
SECTION 12. Section 199-6, Hawaii Revised Statutes, is amended to read as follows:
"§199-6 Failure to obey a
summons. Any person who fails to
appear at the place and within the time specified in the summons or citation
issued by the officers or their agents or subordinates, upon that person's
arrest for violation of title 12[,]; chapters 6D, 6E, and 6K[,];
and rules adopted thereunder, shall be guilty of a petty misdemeanor and, upon
conviction, shall be fined [not] no more than $500 or be imprisoned
[not] no more than thirty days, or both.
If any person fails to comply with a summons or citation issued, or if any person fails or refuses to deposit bail as required and within the time permitted, the officers shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest.
When a complaint is made to any
prosecuting officer of the violation of title 12[,]; chapters 6D,
6E, and 6K[,]; and rules adopted thereunder, the officer who
issued the summons or citation shall subscribe to it under oath administered by
another official or officials of the department of [land and natural
resources] the attorney general whose names have been submitted to
the prosecuting officer and who have been designated by the [chairperson of
the board of land and natural resources] attorney general to
administer the same."
SECTION 13. Section 199-7, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Any police officer or agent of the department
of [land and natural resources] the attorney general upon whom
the [board of land and natural resources] attorney general has
conferred powers of police officers, shall have the authority to conduct searches
on probable cause as provided by law and to seize any equipment, article,
instrument, aircraft, vehicle, vessel, business records, or natural resource
used or taken in violation of the provisions contained in chapters 6D, 6E, and
6K, or title 12, or any rules adopted thereunder. For purposes of this section, "natural
resource" includes any archaeological artifacts, minerals, any aquatic
life or wildlife or parts thereof, including their eggs, and any land plants or
parts thereof, including seeds."
2. By amending subsections (c) and (d) to read:
"(c) The department of [land and natural
resources] the attorney general shall compile a list of all
equipment, articles, instruments, aircraft, vehicles, vessels, or any natural
resource forfeited as provided in this section and shall publish the list in
its annual report.
(d)
Notwithstanding any other law to the contrary, the department of [land
and natural resources] the attorney general may sell or take actions
to cause the sale of any perishable natural resource that is seized to prevent
the waste of the natural resource and to ensure the economic value of [such]
the natural resource; provided that the department [may] shall
not sell or cause the sale of any threatened or endangered species or any other
species whose sale is prohibited by law.
The department of [land and natural resources] the attorney general
may require the person or persons who took the natural resources to sell the
seized natural resources at fair market value.
The department of [land and natural resources] the attorney general
may require any person purchasing any seized natural resource to deliver the
proceeds of the sale to the department of [land and natural resources] the
attorney general or its authorized representative. Any person who refuses to sell the seized natural
resources at fair market value or any person who fails to deliver the proceeds
of the sale, as directed by the department of [land and natural resources,]
the attorney general, shall be in violation of this subsection and punishable
as provided by law. The department of [land
and natural resources] the attorney general shall deposit and keep
the proceeds of the sale in an interest bearing account until such time as the
suspected violation is settled between the person or persons who took the
natural resource, consignee or consignees, if any, and the department of [land
and natural resources.] the attorney general. Should a settlement not be reached, the
department of [land and natural resources] the attorney general
shall submit the proceeds of the sale to the environmental court. The proceeds of the sale, after deducting any
reasonable costs of the sale incurred by the department of [land and natural
resources,] the attorney general, shall be subject to any
administrative or judicial proceedings in the same manner as the seized natural
resource would have been, including an action in rem for the forfeiture of the
proceeds. Seizure and sale of a natural
resource is without prejudice to any other remedy or sanction authorized by
law."
SECTION 14. Section 200-27, Hawaii Revised Statutes, is amended to read as follows:
"[[]§200-27[]]
Police reports. For the
purpose of enforcement, it shall be incumbent upon the [director of public
safety] attorney general and the police chief of each county to
transmit to the department a copy of every investigation report submitted by
the [director of public safety] attorney general and the police
chief's subordinate officers which relate to boating accidents or the theft,
loss, or recovery of vessels required to be registered and numbered pursuant to
section 200-31."
SECTION 15. Section 266-24, Hawaii Revised Statutes, is amended to read as follows:
"§266-24 Enforcement. (a)
The [director of transportation] attorney general shall
enforce this chapter and all rules thereunder, except for the rules relative to
the control and management of the beaches encumbered with easements in favor of
the public and ocean waters which shall be enforced by the department of land
and natural resources. For the purpose
of the enforcement of this chapter and of all rules adopted pursuant to this
chapter, the powers of police officers are conferred upon the [director of
transportation] attorney general and any officer, employee, or representative
of the department of [transportation.] the attorney general. Without limiting the generality of the foregoing,
the [director] attorney general and any person in the department
of the attorney general who is appointed by the [director] attorney
general hereunder may serve and execute warrants, arrest offenders, and
serve notices and orders. The [director
of transportation] attorney general and any employee, agent, or
representative of the department of [transportation] the attorney general
appointed as enforcement officers by the [director,] attorney general,
and every state and county officer charged with the enforcement of any law,
statute, rule, regulation, ordinance, or order, shall enforce and assist in the
enforcement of this chapter and of all rules and orders issued pursuant
thereto, and in carrying out the responsibilities hereunder, each shall be
specifically authorized to:
(1) Conduct any enforcement action hereunder in any commercial harbor area and any area over which the department of transportation and the director of transportation has jurisdiction under this chapter;
(2) Inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where harbors or harbor facilities are situated, or where harbor-related activities are operated or conducted; and
(3) Subject to limitations as may be imposed by the director of transportation, serve and execute warrants, arrest offenders, and serve notices and orders.
Any employee appointed as a law
enforcement officer by the [director of transportation] attorney general
pursuant to this section who has been qualified by training may use electric
guns, as specifically provided in section 134-16, when exercising powers of
police officers and carrying out the responsibilities described herein;
provided that training for the purposes of this section means a course of
instruction or training in the use of any electric gun that is provided,
authorized, or approved by the manufacturer of the electric gun [prior to]
before deployment or issuance of electric guns and related equipment.
For purposes of this subsection, [the
term "agents and representatives"] "agent" and "representative"
includes persons performing services at harbors or harbor areas under contract
with the department of [transportation.] the attorney general.
(b)
The department of [transportation,] the attorney general,
in the name of the State, may enforce this chapter and the rules and orders
issued pursuant thereto by injunction or other legal process in the courts of
the State."
SECTION 16. Section 291-31.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person shall knowingly operate, affix or cause to be affixed, display, or possess any lamp, reflector, or illumination device that appears to be the color blue, or colors blue and red, upon any motor vehicle, motorcycle, motor scooter, bicycle, or moped except for:
(1) County law
enforcement vehicles authorized and approved by the chief of police of the county
in which the vehicle is operated; or
[(2) Department of
public safety law enforcement vehicles with blue and red lamps, reflectors, or
illumination devices authorized and approved by the director of public safety;
(3) Department of
land and natural resources division of conservation and resources enforcement
vehicles with blue and red lamps, reflectors, or illumination devices
authorized and approved by the chairperson of the board of land and natural resources;
or
(4)] (2) Department
of [transportation division of harbors law enforcement] the attorney general
vehicles with blue and red lamps, reflectors, or illumination devices
authorized and approved by the [director of transportation.] attorney
general.
This prohibition shall not apply to factory-installed instrument illumination."
SECTION 17. Section 291C-1, Hawaii Revised Statutes, is amended by amending the definition of "authorized emergency vehicle" to read as follows:
""Authorized emergency
vehicle" includes fire department vehicles, police vehicles, ambulances,
ocean safety vehicles, [public safety law enforcement vehicles, conservation
and resources enforcement vehicles, and department of transportation division of
harbors] and department of the attorney general law enforcement vehicles
authorized and approved pursuant to section 291-31.5 that are publicly owned
and other publicly or privately owned vehicles designated as such by a county
council."
SECTION 18. Section 321-193.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of [public safety,] the
attorney general, Hawaii paroling authority, judiciary, department of
health, department of human services, and any other agencies assigned oversight
responsibilities for offender substance abuse treatment by law or
administrative order, shall establish a coordinating body through an interagency
cooperative agreement to oversee the development and implementation of offender
substance abuse treatment programs in the State to ensure compliance with the
intent of the master plan developed under chapter 353G. The coordinating body shall also include a
representative from a community based prisoner advocacy group and a substance
abuse treatment provider selected by the director of health, and an ex-offender
selected by the [director of public safety] attorney general
subject to the approval of the chairperson of the Hawaii paroling authority and
the chief justice. The coordinating body
shall meet [not] no less than quarterly in a meeting subject to
chapter 92. The interagency cooperative
agreement shall set forth the role of the coordinating body and the
responsibilities of each agency that is a party to the agreement."
SECTION 19. Section 329-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "administrator" to read:
""Administrator"
means the administrator of the [narcotics enforcement division of the
department of public safety.] enforcement division of the department of
the attorney general."
2. By amending the definition of "department" to read:
""Department" means the
department of [public safety.] the attorney general."
3. By amending the definition of "designated state agency" to read:
""Designated state agency"
means the [narcotics enforcement division, department of public safety.]
enforcement division of the department of the attorney general."
4. By amending the definition of "immediate precursor" to read:
""Immediate precursor"
means a substance [which] that the department of [public safety]
the attorney general has found to be and by rule designates as being the
principal compound commonly used or produced primarily for use, and [which]
that is an immediate chemical intermediary used or likely to be used in
the manufacture of a controlled substance, the control of which is necessary to
prevent, curtail, or limit manufacture."
SECTION 20. Section 329-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Annually, upon the convening of each regular
session of the state legislature, the department of public safety shall report
to the legislature additions, deletions, or revisions in the schedules of
substances enumerated in sections 329-14, 329-16, 329-18, 329-20, and 329-22,
and any other recommendations that it deems necessary. Three months [prior to] before
the convening of each regular session, the department of public safety shall
post public notice, at the state capitol and in the office of the lieutenant
governor for public inspection, of the [department's] department of public
safety's recommendations to the legislature concerning any additions,
deletions, or revisions in these schedules; provided that the posting shall not
be required if official notice has been received that the substance has been
added, deleted, or rescheduled as a controlled substance under federal
law. In making a determination regarding
a substance, the department of public safety shall assess the degree of danger
or probable danger of the substance by considering the following:
(1) The actual or probable abuse of the substance including:
(A) Its history and current pattern of abuse;
(B) The scope, duration, and significance of abuse; and
(C) A judgment of the degree of actual or probable detriment that may result from the abuse of the substance;
(2) The biomedical hazard of the substance including:
(A) Its pharmacology: the effects and modifiers of effects of the substance;
(B) Its toxicology: the acute and chronic toxicity, interaction with other substances whether controlled or not, and liability to psychic or physiological dependence;
(C) Risk to public health and particular susceptibility of segments of the population; and
(D) Existence of therapeutic alternatives for substances that are or may be used for medical purposes;
(3) A judgment of the probable physical and social impact of widespread abuse of the substance;
(4) Whether the substance is an immediate precursor of a substance already controlled under this part; and
(5) The current state of scientific knowledge regarding the substance."
SECTION 21. Section 329-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of public safety shall make
available to the public on the [department's] department of public safety's
website the schedules annually or more often, as may be necessary to update the
schedules."
SECTION 22. Section 329-32, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Every person who:
(1) Manufactures, distributes, prescribes, dispenses, or conducts reverse distribution with any controlled substance within this State;
(2) Proposes to engage in the manufacture, distribution, prescription, dispensing, or reverse distribution of any controlled substance within this State; or
(3) Dispenses or proposes to dispense any controlled substance for use in this State by shipping, mailing, or otherwise delivering the controlled substance from a location outside this State;
shall obtain a registration issued by the department
of public safety in accordance with the [department's] department of public
safety's rules. A licensed or
registered health care professional who acts as the authorized agent of a practitioner
and who administers controlled substances at the direction of the practitioner
shall not be required to obtain a registration."
2. By amending subsections (f) and (g) to read:
"(f) The department of public safety may inspect
the establishment of a registrant or applicant for registration in accordance
with the [department's] department of public safety's rule.
(g) The department of public safety may require a registrant to submit documents or written statements of fact relevant to a registration that the department of public safety deems necessary to determine whether the registration should be granted or denied. The failure of the registrant to provide the documents or statements within a reasonable time after being requested to do so shall be deemed to be a waiver by the registrant of the opportunity to present the documents or statements for consideration by the department of public safety in granting or denying the registration."
SECTION 23. Section 329-51, Hawaii Revised Statutes, is amended to read as follows:
"§329-51 Powers of enforcement
personnel. Any officer or employee
of the department of [public safety] the attorney general designated
by the [director of public safety] attorney general may:
(1) Carry firearms in the performance of the officer's or employee's official duties;
(2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this State;
(3) Make arrests without warrant for any offense under this chapter and under part IV of chapter 712 committed in the officer's or employee's presence, or if the officer or employee has probable cause to believe that the person to be arrested has committed or is committing a violation of this chapter or part IV of chapter 712 which may constitute a felony;
(4) Make seizures of property pursuant to this chapter; or
(5) Perform other law
enforcement duties as the [director of public safety] attorney general
designates."
SECTION 24. Section 329-54, Hawaii Revised Statutes, is amended to read as follows:
"§329-54 Cooperative arrangements
and confidentiality. (a) The department of [public safety] the
attorney general shall cooperate with federal and other state agencies in
discharging its responsibilities concerning traffic in controlled substances
and in suppressing the abuse of controlled substances. To this end, it may:
(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(3) Cooperate with the Bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the State, and make the information available for federal, state, and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and
(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
(b)
Results, information, and evidence received from the Bureau relating to
the regulatory functions of this chapter, including results of inspections
conducted by it, may be relied and acted upon by the department of [public
safety] the attorney general in the exercise of its regulatory functions
under this chapter.
(c)
A practitioner engaged in medical research is not required or compelled
to furnish the name or identity of a research subject to the department of [public
safety,] the attorney general, nor may the practitioner be compelled
in any state or local civil, criminal, administrative, legislative, or other
proceedings to furnish the name or identity of any research subject that the practitioner
is obligated to keep confidential unless the subject violates section 329-41 or
329-46 or commits an offense pursuant to part IV of chapter 712."
SECTION 25. Section 329-58, Hawaii Revised Statutes, is amended to read as follows:
"§329-58 Education and research. (a)
The department of [public safety] the attorney general
shall carry out educational programs designed to prevent and determine misuse
and abuse of controlled substances. In
connection with these programs it may:
(1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(5) Disseminate the
result of research on misuse and abuse of controlled substances to promote a
better public understanding of what problems exist and what can be done to combat
them; and
(6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
(b)
The department of [public safety] the attorney general may
authorize persons engaged in research on the use and effects of controlled
substances to withhold the names and other identifying characteristics of individuals
who are the subjects of the research.
Persons who obtain this authorization are not compelled in any civil,
criminal, administrative, legislative, or other proceeding to identify the
individuals who are subjects of research for which the authorization was
obtained.
(c)
The department of [public safety] the attorney general may
authorize the possession and distribution of controlled substances by persons
engaged in research. Persons who obtain
this authorization are exempt from state prosecution for possession and
distribution of controlled substances to the extent of the authorization."
SECTION 26. Section 329-59, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established within the state treasury
the controlled substance registration revolving fund. The fund shall be expended at the discretion
of the [director of public safety] attorney general for the
purpose of:
(1) Offsetting the cost of the electronic prescription accountability system, investigation of violations of this chapter, and the registration and control of the manufacture, distribution, prescription, and dispensation of controlled substances and regulated chemicals listed under section 329-61, within the State;
(2) Funding positions
authorized by the legislature by law;
and
(3) Funding
the [narcotics enforcement division's] forensic drug laboratory facility[.]
of the enforcement division of the department of the attorney general."
SECTION 27. Section 329-64, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Notwithstanding the exceptions created by
subsection (a) of this section, any manufacturer, wholesaler, retailer, or other
person who sells, transfers, or otherwise distributes in this State any list 1
or list 2 chemical, as defined in section 329-61, and who is required to
register with the federal Drug Enforcement Administration as a list I chemical
distributor under federal law [(or], or who registers as a
controlled substance distributor in lieu thereof[)], shall submit a copy
of that registration application to the department of [public safety.] the
attorney general. When such application
is granted, the distributor shall file a copy of the federal Drug Enforcement
Administration List I Chemical Registration [(or], or Controlled
Substance Registration[)], with the department. The distributor shall also file with the
department a duplicate copy of any reports required under federal law at the
same time as [such] the reports are filed with the federal Drug
Enforcement Administration for any transactions involving list I chemicals that
shall be shipped into or otherwise transferred or distributed in this State."
SECTION 28. Section 329-67, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:
"(d) Each applicant shall pay at the time of
filing an application for a permit a fee determined by the department of public
safety in accordance with the [department's] department of public safety's
rules.
(e)
A permit granted pursuant to this part may be renewed one year from the
date of issuance, and annually thereafter, upon the filing of a renewal
application and the payment of a permit renewal fee in accordance with the [department's]
department of public safety's rules."
SECTION 29. Section 329-69, Hawaii Revised Statutes, is amended to read as follows:
"§329-69 Subpoena powers. Subject to the privileges [which] that
witnesses have in the courts of this State, the [director of public safety
or the director's] attorney general or the attorney general's
designated subordinate is empowered pursuant to and in accordance with the
rules of court to subpoena witnesses, examine them under oath and require the
production of books, papers, documents, or objects where the [director
of public safety] attorney general reasonably believes the
information sought is relevant or material to enforcement of this chapter. Books, papers, documents, or objects obtained
pursuant to the exercise of these powers may be retained by the [director
of public safety or the director's designate] attorney general or the attorney
general's designated subordinate for forty-eight hours for the purpose of
examination, audit, copying, testing, or photographing. Upon application by the [director of public
safety,] attorney general, obedience to the subpoenas may be
enforced by the circuit court in the county where the person subpoenaed resides
or is found in the same manner as a subpoena issued by the clerk of a circuit
court."
SECTION 30. Section 329-71, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any manufacturer, wholesaler, retailer, or other person in this State who sells to any person in this State or any other state any quantity of sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, paladium black, red phosphorus, white phosphorus (other names yellow phosphorus), iodine, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2‑trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride, notwithstanding any other provision of law, shall do the following:
(1) Require proper purchaser identification for in-state sales that shall include a valid motor vehicle operator's license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, the Environmental Protection Agency certification number or general excise tax license number assigned to the individual or business entity for which the individual is purchasing any chlorofluorocarbon product, and the signature of the purchaser. Proper purchaser identification for out-of-state sales shall include all of the above information, except the motor vehicle license number and the signature of the purchaser. The out-of-state sale information shall also include the means by which the purchase was delivered or provided to the purchaser and the delivery address, if different from the identification address provided by the purchaser;
(2) Prepare a bill of sale that both describes with particularity the specific items and quantities sold and sets forth the proper purchaser identification information and affix to the bill of sale the preparer's signature as witness to the sale and identification of the purchaser;
(3) Retain the original bill of sale containing the purchaser identification information for at least three years in a readily producible manner, and produce the bill of sale containing the sale information and purchaser identification information upon demand by any law enforcement officer or authorized representative of the department; and
(4) Submit a report to
the department of [public safety] the attorney general of all
sales covered by this section."
SECTION 31. Section 329-75, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The National Association of Drug Diversion
Investigators shall forward Hawaii transaction records in the National Precursor
Log Exchange to the [narcotics] enforcement division of the department
of [public safety] the attorney general weekly and provide
real-time access to National Precursor Log Exchange information through the National
Precursor Log Exchange online portal to law enforcement in the State as
authorized by the [narcotics] enforcement division; provided that the [narcotics]
enforcement division executes a memorandum of understanding with the National
Association of Drug Diversion Investigators governing access to the
information; provided further that the department of [public safety
narcotics] the attorney general enforcement division shall establish
the electronic tracking system in conjunction with the State's existing narcotics
tracking system beginning no later than January 1, 2015."
SECTION 32. Section 329-123.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Notwithstanding section 329‑123, a qualifying out-of-state patient and a caregiver of a qualifying out-of-state patient shall register with the department of health as established by rule. The registration shall be effective for no more than sixty days and may be renewed for no more than one additional sixty-day period that begins no later than twelve months after the preceding registration date; provided that the department of health shall not register any qualifying out-of-state patient for a period that exceeds the term of validity of the qualifying out-of-state patient's authority to use medical cannabis in the qualifying out-of-state patient's home jurisdiction."
2. By amending subsection (d) to read
"(d) In the case of any qualifying out-of-state patient who is under eighteen years of age, the department of health shall register the qualifying out-of-state patient and the caregiver of the qualifying out-of-state patient; provided that the department of health may register two caregivers for a qualifying out-of-state patient if each caregiver is the parent, guardian, or person having legal custody of the qualifying out-of-state patient who is under eighteen years of age."
SECTION 33. Section 334D-5, Hawaii Revised Statutes, is amended to read as follows:
"§334D-5 Records. (a) All records of a nurse participating in a diversion program that are not required by law to be reported to the board or the regulated industries complaints office and do not involve disciplinary action by those entities shall be privileged and shall not be subject to discovery or subpoena by any person or entity other than a law enforcement agency investigating the conduct of the nurse, the board, or the regulated industries complaints office.
(b) For purposes of this section:
"Law enforcement agency" means
any county police department, the department of [public safety,] the attorney
general, and any federal, state, or county public body that employs law
enforcement officers.
"Law enforcement officer" means any public servant, whether employed by the United States, State, or county, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses."
SECTION 34. Section 350-1.1, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Notwithstanding any other state law concerning confidentiality to the contrary, the following persons who, in their professional or official capacity, have reason to believe that child abuse or neglect has occurred or that there exists a substantial risk that child abuse or neglect may occur in the reasonably foreseeable future, shall immediately report the matter orally to the department or to the police department:
(1) Any licensed or registered professional of the healing arts or any health-related occupation who examines, attends, treats, or provides other professional or specialized services, including but not limited to physicians, including physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals;
(2) Employees or officers of any public or private school;
(3) Employees or officers of any public or private agency or institution, or other individuals, providing social, medical, hospital, or mental health services, including financial assistance;
(4) Employees or
officers of any law enforcement agency, including but not limited to the courts,
police departments, department of [public safety,] the attorney general,
correctional institutions, and parole or probation offices;
(5) Individual providers of child care, or employees or officers of any licensed or registered child care facility, foster home, or similar institution;
(6) Medical examiners or coroners;
(7) Employees of any public or private agency providing recreational or sports activities;
(8) Commercial film and photographic print or image processors;
(9) Commercial computer technicians; and
(10) Members of the clergy or custodians of records therefor; provided that a member of the clergy shall not be required to report information gained solely during a penitential communication. When a clergy member receives reportable information from any other source, the clergy member shall comply with the reporting requirements of this section, regardless of whether the clergy member received the same information during a penitential communication. For purposes of this paragraph, "penitential communication" means a communication, including a sacramental confession, that is intended to be kept confidential and is made to a member of the clergy who, in the course of the discipline or practice of the applicable religious organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of the applicable religious organization, has a duty to keep those communications secret."
2. By amending subsection (c) to read:
"(c) The initial oral report shall be followed as soon as possible by a report in writing to the department; provided that:
(1) If a police
department or the department of [public safety] the attorney general
is the initiating agency, a written report shall be filed with the department
for cases that the police or the department of [public safety] the attorney
general takes further action on or for active cases in the department under
this chapter;
(2) All written reports shall contain the name and address of the child and the child's parents or other persons responsible for the child's care, if known, the child's age, the nature and extent of the child's injuries, and any other information that the reporter believes might be helpful or relevant to the investigation of the child abuse or neglect; and
(3) This subsection
shall not be construed to serve as a cause of action against the department,
the police, or the department of [public safety.] the attorney general."
SECTION 35. Section 353C-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"[[](a)[]]
The director of public safety shall administer the public safety programs of
the department of public safety and shall be responsible for the formulation
and implementation of state goals and objectives for correctional [and law
enforcement] programs, including ensuring that correctional facilities and
correctional services meet the present and future needs of persons committed to
the correctional facilities. In the
administration of these programs, the director may:
(1) Preserve
the public peace[, prevent crime, detect and arrest offenders against the
law,] and protect the rights of persons and property[, and
enforce and prevent violation of all laws and administrative rules of the State]
as the director deems to be necessary or desirable or upon request, to assist
other state officers or agencies that have primary administrative responsibility
over specific subject matters or programs[;], such as the prevention
of crime, the detection and arrest of offenders against the law, and the
enforcement and prevention of violations of all laws and administrative rules
of the State;
(2) Train,
equip, maintain, and supervise the force of public safety officers, including [law
enforcement and] correctional personnel, and other employees of the
department;
[(3) Serve
process both in civil and criminal proceedings;
(4)] (3) Perform other duties as may be required by
law;
[(5)] (4) Adopt, pursuant to chapter 91, rules that are
necessary or desirable for the administration of public safety programs; and
[(6)] (5) Enter into contracts [in] on
behalf of the department and take all actions deemed necessary and appropriate
for the proper and efficient administration of the department."
SECTION 36. Section 353C-3, Hawaii Revised Statutes, is amended to read as follows:
"[[]§353C-3[]]
Deputy directors; appointment.
The director shall appoint, without regard to chapter 76, [three]
two deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director,
one deputy director shall oversee the correctional programs and facilities of
the department[, one deputy director shall oversee the law enforcement
programs of the department,] and one deputy director shall oversee administration
of the department."
SECTION 37. Section 353C-4, Hawaii Revised Statutes, is amended to read as follows:
"§353C-4 Appointment of employees
[with police powers and other employees]. [(a)]
The director may appoint employees [to be public safety officers who
shall have all of the powers of police officers; provided that the director may
establish and assign the employees to positions or categories of positions that
may have differing titles, specific duties, and limitations upon the exercise
of police powers.
(b) The director may appoint other personnel]
necessary to carry out the functions of the department.
[(c) The state law enforcement officers
transferred from the department of the attorney general by Act 211, Session Laws
of Hawaii 1989, shall be responsible for public safety in state buildings as
well as the personal protection of government officials and employees while in
the conduct of their duties. The duties
of state law enforcement officers shall also include the service of process,
including subpoenas, warrants, and other legal documents, and other duties as
the director may assign, including the performance of duties of other public
safety officers within the department.
State law enforcement officers shall have all of the powers of police
officers, including the power of arrest.]"
SECTION 38. Section 386-181, Hawaii Revised Statutes, is amended to read as follows:
"§386-181 Generally. (a) As used in this section:
"Police chaplain" means a member of an authorized chaplaincy program of a county police department who performs services in a voluntary and unpaid capacity under the authorized direction of an officer of the department.
"Public board" means a governmental body, regardless of its designation, duly created under authority vested by law for the purposes of performing quasi-judicial, administrative, or advisory functions.
"Reserve police officer" means a member of an authorized reserve force of a county police department who performs services in a voluntary and unpaid capacity under the authorized direction of an officer of the department.
"Sheriffs' chaplain" means
a member of an authorized chaplaincy program of the department of [public
safety] the attorney general who performs functions similar to a
police chaplain in a voluntary and unpaid capacity for the [sheriff
division.] department.
"Volunteer boating enforcement
officer" means a member of the authorized volunteer enforcement force of
the [harbors division, department of transportation,] department of the
attorney general who performs services in a voluntary and unpaid capacity
under the authorized direction of an officer of the department.
"Volunteer [conservation and
resources] enforcement officer" means a member of the authorized
volunteer enforcement force of the [division of conservation and resources enforcement,
department of land and natural resources,] department of the attorney general
who performs services in a voluntary and unpaid capacity under the authorized
direction of an officer of the department.
"Volunteer firefighter" means a person who performs services for a county fire department in a voluntary and unpaid capacity under the authorized direction of an officer of the department.
(b)
If a member of a public board, a reserve police officer, [a]
police chaplain, sheriffs' chaplain, [a] volunteer firefighter, [a]
volunteer boating enforcement officer, or [a] volunteer [conservation
and resources] enforcement officer is injured while performing services for
the board, county police department, county fire department, or department
of [public safety, harbors division of the department of transportation, or
division of conservation and resources enforcement of the department of land
and natural resources,] the attorney general, under the conditions
specified in section 386-3, the person or the person's dependents shall be
entitled to all compensation in the manner provided by this chapter and, for
the purposes of this chapter, the person shall, in every case, be deemed to
have earned wages for the services.
(c)
In computing the average weekly wages of an injured public board member,
reserve police officer, police chaplain, sheriffs' chaplain, volunteer
firefighter, volunteer boating enforcement officer, or volunteer [conservation
and resources] enforcement officer:
(1) The person's income from self-employment shall be considered wages;
(2) The person shall, in no event, be considered to have earned less than the minimum hourly wage prescribed in chapter 387;
(3) Wages of other employees in comparable employment shall not be considered; and
(4) All provisions of section 386-51 not inconsistent with this section shall apply; provided that section 386-51(5) shall not apply."
SECTION 39. Section 501-154, Hawaii Revised Statutes, is amended to read as follows:
"§501-154 Writ of possession,
service, time limit for registration.
When in any action in the nature of an action of ejectment an execution
or writ of possession has been issued and served by the [officer, the officer]
sheriff, deputy sheriff, police officer, or independent civil process server
from the department of the attorney general's list under section 28-E, the sheriff,
deputy sheriff, police officer, or independent civil process server shall
cause a copy of the writ, with a return of the [officer's] doings of the
sheriff, deputy sheriff, police officer, or independent civil process server
thereon, to be filed and registered within three months after the service and
before the return of the writ into the clerk's office. The plaintiff, in case the judgment was that
the plaintiff was entitled to an estate in fee simple in the demanded premises,
or in any part thereof, and for which execution or writ of possession issued,
is thereupon entitled to the entry of a new certificate of title."
SECTION 40. Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "police officer" to read as follows:
""Police officer"
means a person employed by any county in the State of Hawaii to enforce the laws
and ordinances for preserving the peace and maintaining safety and order in the
community, or an employee authorized by the [director of public safety] attorney
general under section 329-51 [or 353C-4] to exercise the powers set
forth in this chapter."
SECTION 41. Section 603-29, Hawaii Revised Statutes, is amended to read as follows:
"§603-29 Order to show cause. Whenever a complaint has been filed in circuit court alleging leased or rented personal property the value of which is $5,000 or more, has been retained by the defendant fourteen days after the termination of the lease or rental contract, either by passage of time or by reason of any default under the terms and conditions of the lease or rental contract, the plaintiff may petition the court for an order to show cause.
Upon the filing of the petition with
a copy of the lease or rental contract and an affidavit sworn to by the plaintiff
or some competent affiant setting forth a statement of facts sufficient to show
the termination of the lease or rental contract, the court may issue an order directing
the defendant to either return the leased or rented personal property to the plaintiff
or to appear and show cause for the possession at such time as the court shall direct
but [not] no later than ten days from the date of service of the order
to show cause. The order to show cause shall
also provide that if the leased or rented personal property is not returned to the
plaintiff [prior to] before the hearing, the defendant shall, if reasonably
feasible, produce the property at the hearing.
If, at the hearing, it is proved to the satisfaction of the court that the
plaintiff is entitled to possession of the leased or rented personal property, it
shall issue an order directed to the sheriff, deputy sheriff, [or person
authorized by the rules of court,] police officer, or independent civil process
server from the department of the attorney general's list under section 28-E
commanding the sheriff, deputy sheriff, [or other person authorized by the rules
of court] police officer, or independent civil process server to seize
the personal property therein described and to deliver the same to the plaintiff
or the plaintiff's agent. Service of the
order to show cause shall be as provided by law or rule of court for cases in the
circuit courts, or by registered mail or by certified mail with return receipt showing
delivery within the circuit."
SECTION 42. Section 604-6.2, Hawaii Revised Statutes, is amended to read as follows:
"§604-6.2 Order to show cause. Upon the filing of a complaint with a copy of
a lease or rental contract and an affidavit sworn to by the plaintiff or some competent
affiant setting forth a statement of facts sufficient to show that the leased or
rented personal property has been in the defendant's possession at least fourteen
days after the termination of the lease or rental contract, either by passage of
time or by reason of any default under the terms and conditions of the lease or
rental contract, the court may issue an order directing the defendant to either
return the leased or rented personal property to the plaintiff or to appear and
show cause for the possession at such time as the court shall direct, but [not]
no later than ten days from the date of service of the order to show cause.
The order to show cause shall also provide
that, if the leased or rented personal property is not returned to the plaintiff
[prior to] before the hearing, the defendant shall, if reasonably
feasible, produce the property at the hearing.
If, at the hearing, it is proved to the satisfaction of the court that the
plaintiff is entitled to possession of the leased or rented personal property, it
shall issue an order directed to the sheriff, deputy sheriff, [or other person
authorized by the rules of court] police officer, or independent civil process
server from the department of the attorney general's list under section 28-E
commanding the sheriff, deputy sheriff, [or a person authorized by the rules
of court] police officer, or independent civil process server to seize
the personal property therein described and to deliver the same to the plaintiff
or the plaintiff's agent. Service of the
order to show cause shall be as provided by law or rule of court for cases in the
district courts, or by registered mail or by certified mail with return receipt
showing delivery within the State."
SECTION 43. Section 607-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Fees of sheriff, deputy sheriff, police officer,
or [other person authorized by the rules of court] independent civil process
server from the department of the attorney general's list under section 28-E
shall be as provided under section 607-8(a)."
SECTION 44. Section 607-8, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"§607-8 Fees of sheriff, deputy sheriff, police officer,
serving or levying officer, or [other person authorized
by the rules of court in circuit court, intermediate appellate court,
or supreme court.] independent civil process server. (a) For all necessary travel in making the service,
per mile for every mile more than one... 60 cents; provided that:
(1) No allowance shall be made where the serving individual uses a conveyance furnished to the serving individual by the State, or any political or municipal subdivision thereof;
(2) Where the serving individual serves more than one person in the course of one trip, the serving individual shall not charge, in the aggregate for all services more than the mileage for the entire trip; and
(3) As far as practicable,
in order to minimize the mileage fees for the service, the sheriff or [other]
chief of police of the serving police officers, or [other person
authorized by the rules of court where service of process is to be made upon an
island other than that upon which is situated the court issuing the process,]
independent civil process server from the department of the attorney general's
list under section 28-E shall cause the process to be transmitted to the sheriff,
a deputy sheriff, the chief of police, [other person authorized by the
rules of court, or other serving individual] a police officer, or an independent
civil process server upon the island of service who shall make the service upon
receipt of the process; and the service shall be valid, notwithstanding that the
process may not be addressed to the individual actually making the service or to
the individual's superior.
For serving criminal summons or any other
criminal process except a subpoena, for each person served therewith....................
$30 effective July 1, 2001. Service of criminal
summons or any other criminal process shall be made only by persons authorized to
serve criminal summons [in accordance with rules of court].
For serving civil summons, subpoena, subpoena duces tecum, or any other civil process, except a garnishee summons, for each person served therewith.............. $43 effective July 1, 2015.
For serving[:]
garnishee summons, for each person....................... $30 effective July 1,
2015.
For returning as unserved after due and diligent search any process when it has been found that the person to be served has left the State ................ $10 effective July 1, 2015.
For serving any execution or other process for the collection of money, for every dollar collected up to $10,000................................... 5 cents.
And for every dollar over $10,000 ... 2-1/2 cents.
All fees paid to any printer for publishing an advertisement of the sale of any property.
For every bill of sale.................... $4.
For executing and acknowledging a deed pursuant to a sale of real estate to be paid by the grantee in the deed........................................... $10.
For drawing any bond required by law....... $4.
For serving writ of possession or restitution, putting any person entitled into the possession of premises, and removing a tenant pursuant to order of court......................................... $40.
Together with all necessary expenses incurred by the individual serving the writ, incident to the eviction.
For selling any property on an order from the court other than an execution, the same allowance as for service and sales by execution.
The fees for service of executions, attachments, and collection of judgments, together with all costs incurred after judgment rendered, not included in the judgment, in all courts of the State, shall be collected in addition to the sum directed to be levied and collected in the writ.
In lieu of any fee under this subsection,
the fee may be an hourly rate of [not] no less than $50 per hour agreed
upon in advance between the party requesting the service and the sheriff, deputy
sheriff, police officer, or [other person authorized by the rules of court]
independent civil process server performing the service."
SECTION 45. Section 633-8, Hawaii Revised Statutes, is amended to read as follows:
"§633-8 Order to show cause. Upon the filing of a complaint with a copy of
a lease or rental contract and an affidavit sworn to by the plaintiff or some
competent affiant setting forth a statement of facts sufficient to show that the
leased or rented personal property has been in the defendant's possession at
least fourteen days after the termination of the lease or rental contract, either
by passage of time or by reason of any default under the terms and conditions
of the lease or rental contract, the court may issue an order directing the
defendant to either return the leased or rented personal property to the
plaintiff or to appear and show cause for the possession at such time as the
court shall direct, but [not] no later than five days from the
date of service of the order to show cause.
The order to show cause shall also provide that, if the leased or rented
personal property is not returned to the plaintiff [prior to] before
the hearing, the defendant shall, if reasonably feasible, produce the property
at the hearing. If, at the hearing, it
is proved to the satisfaction of the court that the plaintiff is entitled to
possession of the leased or rented personal property, it shall issue an order
directed to the sheriff, deputy sheriff, [or other person authorized by the
rules of court] police officer, or independent civil process server from
the department of the attorney general's list under section 28-E commanding
the sheriff, deputy sheriff, [or other person authorized by the rules of
court] police officer, or independent civil process server to seize
the personal property therein described and to deliver the same to the plaintiff
or the plaintiff's agent. Service of the
order to show cause shall be as provided by law or rule of court for cases in
the district courts, or by registered mail or by certified mail with return
receipt showing delivery within the circuit."
SECTION 46. Section 634-11, Hawaii Revised Statutes, is amended to read as follows:
"§634-11 Interpleader; application
for order by sheriff [or
other person authorized by the rules of court.], deputy sheriff, police officer,
or independent civil process server.
When, in the execution of process against goods and chattels issued by
or under the authority of the courts of the State, by reason of claims made to
such goods and chattels by assignees of bankrupts and other persons not being
the parties against whom such process had issued, whereby the sheriff, deputy
sheriffs, [other] police officers, or [persons authorized by
the rules of court] independent civil process servers from the department
of the attorney general's list under section 28-E are exposed to the hazard
and expense of actions, any such claim shall be made to any goods or chattels taken
or intended to be taken in execution under any such process or to the proceeds
or value thereof, it shall be lawful for the court, out of which the execution
shall have issued, or any judge thereof, upon application of the sheriff,
deputy sheriff, [other] police officer, or [other person authorized
by the rules of court,] independent civil process server made before
or after the return of such process, and as well before as after any action
brought against the sheriff, deputy sheriff, [other] police officer,
or [other person authorized by the rules of court,] independent civil
process server to call before it or the judge by rule, order, or summons,
as well the party issuing such process as the party making the claim. Thereupon the court or judge shall, for the
adjustment of the claims and the relief and protection of the sheriff, deputy
sheriff, [other] police officer, or [other person authorized
by the rules of court,] independent civil process server, make such
rules, orders, and decisions as shall appear to be just according to the circumstances
of the case. The costs of all such
proceedings shall be in the discretion of the court or judge."
SECTION 47. Section 634-12, Hawaii Revised Statutes, is amended to read as follows:
"§634-12 Sale of property seized
on execution, when. When goods or
chattels have been seized in execution by the sheriff, a deputy sheriff,
[other] a police officer, or [other person authorized by the
rules of court,] an independent civil process server from the department
of the attorney general's list under section 28-E under process of any
court, and some third person claims to be entitled under a bill of sale,
chattel mortgage, or otherwise, to the goods and chattels by way of security
for a debt, the court or a judge may order a sale of the whole or part thereof,
upon such terms as to the payment of the whole or part of the secured debt or
otherwise as it or the judge shall think fit; and may direct the application of
the proceeds of sale in such manner and upon such terms as to the court or
judge may seem just."
SECTION 48. Section 634-22, Hawaii Revised Statutes, is amended to read as follows:
"§634-22 Return. In all cases where any process or order of
a court is served by any officer of the court or of the police force or the
sheriff, a deputy sheriff, an independent civil process server from the department of the
attorney general's list under section 28-E, or any investigator appointed
and commissioned by the director of commerce and consumer affairs pursuant to section
26-9(j), a record thereof shall be endorsed upon the back of the process,
complaint, order, or citation. The
record shall state the name of the person served and the time and place of
service and shall be signed by the sheriff, deputy sheriff, police officer,
independent civil process server, or investigator making the service. If the sheriff, deputy sheriff, police
officer, independent civil process server, or investigator fails to make
service, the sheriff, deputy sheriff, police officer, independent
civil process server, or investigator, in like manner, shall endorse the
reason for the [officer's] sheriff's, deputy sheriff's, police officer's,
independent civil process server's, or investigator's failure and sign this
record. When service is made by a person
specially appointed by the court, or [a person authorized by the rules of
court, the person] an independent civil process server, that person
shall make declaration or affidavit of that service.
The record, declaration, or [the]
affidavit shall be prima facie evidence of all it contains, and no further
proof thereof shall be required unless either party desires to examine the sheriff,
deputy sheriff, police officer [or person], independent civil process
server, or investigator making service, in which case the sheriff, deputy
sheriff, police officer [or person], independent civil process server,
or investigator shall be notified to appear for examination."
SECTION 49. Section 634-29, Hawaii Revised Statutes, is amended to read as follows:
"§634-29 In case of attachment, etc., of real property. In all cases of attachment, sequestration, or injunction of real property, the sheriff, deputy sheriff, police officer, or independent civil process server from the department of the attorney general's list under section 28-E serving the writ shall, in addition to personal delivery of a copy thereof to the defendant, post upon the premises a copy of the process, and a notice of the day and hour when attached, sequestrated, or enjoined, and shall also give notice thereof in a newspaper or newspapers suitable for the advertisement of judicial proceedings. But in all cases where a writ of attachment is issued in accordance with chapter 651 relating to attachments, and the defendant in attachment was never a resident of the State or has departed from the State or secretes oneself so that the writ of attachment cannot be personally served upon the defendant, personal service of the writ upon the defendant may be dispensed with. All after-leases, mortgages, sales, devises, assignments, trusts, or other conveyances of the property, until the dissolution of the process, shall be void in law as against the plaintiff in such cases."
SECTION 50. Section 651-1, Hawaii Revised Statutes, is amended to read as follows:
"§651-1 General provisions. (a) This
chapter shall apply to circuit and district courts. A judge of any court of record may make any
order at chambers which may by the provisions of this chapter be made by the
court in term time. When the proceedings
are before a district judge, the judge shall be regarded as the clerk of the
court for all purposes contemplated herein.
[The phrase "police officer", as used in this chapter,
means the director of public safety or the director's duly authorized
representative, any chief of police or subordinate police officer, or a person
authorized by the rules of court.]
Nothing in this chapter shall be construed to permit a district judge to
issue a writ of attachment to be served out of the circuit in which the judge's
court is situated, or to permit an attachment of real estate, or any interest
therein, under a writ issued by a district court judge.
(b) The department of the attorney
general, State, and agencies, officers, and employees of the department of the
attorney general or State shall not be responsible or liable for the
actions of any independent civil process server on the list maintained by the
department of the attorney general pursuant to section 28-E. The maintenance of the list pursuant to section
28-E shall not create a private cause of action against
the department of the attorney general, State, or agencies,
officers, and employees of the department of the attorney general or State.
(c) Nothing in this chapter shall be construed to
make an independent civil process server a law enforcement officer, sheriff, or
deputy sheriff, or an employee or agent of the department of the
attorney general or the State.
(d) For the purposes of this chapter, "police officer" means the attorney general or the attorney general's duly authorized representative, any chief of police or subordinate police officer, or an independent civil process server on the list maintained by the department of the attorney general pursuant to section 28-E."
SECTION 51. Section 652-1.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in subsection (e), any
creditor desiring to secure a garnishment process before judgment shall attach
the creditor's petition for process, summons, and direction to the following documents:
(1) An application, directed to the court to which such action is made returnable, for garnishee process to issue under section 652-1(a);
(2) An affidavit sworn to by the creditor or some competent affiant setting forth a statement of facts sufficient to show that probable validity exists to sustain the validity of the creditor's claim;
(3) An order that a hearing
be held before the court or a judge thereof to determine whether or not the garnishee
process should be granted and that notice of such hearing be given to the
defendant debtor; [[]and[]]
(4) A summons directed
to [a proper officer] the sheriff, a deputy sheriff, a police officer,
or an independent civil process server from the department of the attorney general's
list under section 28-E commanding the [officer] sheriff, deputy sheriff,
police officer, or independent civil process server to serve upon the
debtor at least four days [prior to] before the date of the
hearing, pursuant to chapter 634, the application[,]; a true and attested
copy of the petition, summons, and direction[,]; the affidavit[,];
and the order and notice of hearing."
SECTION 52. Section 652-2, Hawaii Revised Statutes, is amended to read as follows:
"§652-2 Garnishee, rights, duties; collection by [levying
officer.] sheriff, deputy sheriff, police officer, or independent civil process
server. (a) The garnishee shall, when summoned before
judgment rendered against [his] the garnishee's principal, if [he]
the garnishee desires, be admitted to defend [his] the garnishee's
principal in the action.
(b) If judgment is rendered in favor of the
plaintiff, and likewise in all cases in which the garnishee is summoned after judgment,
the garnishee fund, or such part thereof as may be sufficient for that purpose,
shall be liable to pay the same. The
plaintiff on praying out execution shall be entitled to have included in the
execution an order directing the sheriff, deputy sheriff, police officer,
or independent civil process server from the department of the attorney general's
list under section 28-E serving the same to make demand of the garnishee
for the goods and effects of the defendant secured in [his] the garnishee's
hands, whose duty it will be to expose the same to be taken on execution, and also
to make demand of the garnishee for the debt or wages secured in [his] the
garnishee's hands or the moneys held by [him] the garnishee
for safekeeping, or such part thereof as may satisfy the judgment. It shall be the duty of the garnishee to pay
the same. If the garnishee has in any
manner disposed of the goods and effects or does not expose and subject the
same to be taken on execution, or if the garnishee does not pay to the [officer,]
sheriff, deputy sheriff, police officer, or independent civil process server
when demanded, the debt or wages or moneys held for safekeeping, the garnishee
shall be liable to satisfy the judgment out of [his] the garnishee's
own estate, as [his] the garnishee's own proper debt, if the
goods or effects or debt or wages or moneys held for safekeeping, be of
sufficient value or amount and, if not, then to the value of the same; provided
that every garnishee, whether summoned before or after judgment, shall be
allowed to retain or deduct from the goods, effects, and credits of the
defendant in [his] the garnishee's hands at the time of service
all demands against the defendant of which [he] the garnishee could
have availed [himself] the garnishee's self if [he] the
garnishee had not been [garnisheed,] garnished, whether the
same are at the time due or not, and whether by setoff on a trial or by setoff
of judgments or executions between [himself] the garnishee and
the defendant, and shall be liable only for the balance after adjustment of all
mutual demands between [himself] the garnishee and the defendant;
provided further that in such adjustment no demands for unliquidated
damages for wrongs or injuries shall be included, and that the judgment shall
show the amount of any setoff.
(c) No garnishee shall be liable to anyone
for the nonpayment of any sum or for the nondelivery of any goods or effects
when the garnishee in good faith believes, or has reason to believe, that
garnishment or other process affects the same, though such be not the case, but
this [paragraph] subsection shall not supersede section 652-9 where
the same are applicable."
SECTION 53. Section 652-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§652-2.5 Service on garnishee. Service of the copy upon the garnishee may be made in any of the manners here described, namely:
(1) If the garnishee lives
or has an office in the district in which process is issued, by the [serving
officer's] sheriff, deputy sheriff, police officer, or independent civil
process server from the department of the attorney general's list under section
28-E handing a copy to the garnishee in person or leaving it in the
garnishee's office in charge of some deputy or clerk or other employees or attache
of the office; or
(2) If the garnishee
lives in a district other than that in which the process was issued, by the [serving
officer's] sheriff, deputy sheriff, police officer, or independent civil
process server handing a copy to the garnishee in person, or by mailing it
in a sealed envelope, registered or certified, postage prepaid, return receipt
requested, and addressed to the garnishee's last known home or business
address."
SECTION 54. Section 652-2.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In case of service upon the garnishee, the [serving
officer's] certificate of service or, if by mail, a copy of the return
receipt provided by the sheriff, deputy sheriff, police officer, or independent
civil process server from the department of the attorney general's list under section
28-E shall be prima facie proof of the service."
SECTION 55. Section 654-2, Hawaii Revised Statutes, is amended to read as follows:
"§654‑2 Bond. (a) When the plaintiff desires the
immediate delivery of the property, the plaintiff shall execute a bond to the
defendant in possession of the property, and to all persons having an interest
in the property, of such amount and with such sureties as are approved by the
court, conditioned that the plaintiff will prosecute the plaintiff's action to
judgment without delay, and deliver the property to the defendant in possession
or any other person, if such delivery is adjudged, and pay all costs and
damages that may be adjudged against the plaintiff. Upon the filing of the verified complaint or
affidavit with the bond and a motion for immediate consideration of the matter,
the court shall forthwith inquire into the matter, ex parte or otherwise, as in
its discretion it determines. If
thereupon the court finds that a prima facie claim for relief has been
established, it shall issue an order directed to the sheriff, [or the] sheriff's
deputy, [or the] chief of police, [or] an authorized police officer
of any county, [or a person authorized by the rules of court,] or an independent
civil process server from the department of the attorney general's list under section
28-E to take the property therein described and deliver the same to the
plaintiff.
(b) Copies of the verified complaint or affidavit, and, if a bond for immediate seizure has been filed, of the bond, and, if an order for the taking has been issued on an ex parte hearing, of the order, shall forthwith be served upon the defendant in possession and each person having or claiming a possessory interest in the property, in the same manner as is provided for service of summons unless the party to be served has appeared in the action, in which case service may be made in the same manner as is provided for service of papers other than the summons. In a proper case, either before or after issuance of an order for the taking, the required service may be combined with the publication of the summons, in which event the giving of notice of the substance of the proceeding shall be sufficient.
(c) Upon the application of any party, the proceeding shall be advanced and assigned for hearing at the earliest possible date."
SECTION 56. Section 666-11, Hawaii Revised Statutes, is amended to read as follows:
"§666-11 Judgment; writ of possession.
If it is proved to the satisfaction of the court that the plaintiff is
entitled to the possession of the premises, the plaintiff shall have judgment
for possession, and for the plaintiff's costs.
Execution shall issue accordingly.
The writ of possession shall issue to the sheriff, deputy sheriff,
police officer, or [other person authorized by the rules of court of the circuit
where the premises are situated,] independent civil process server from the
department of the attorney general's list under section 28‑E
commanding the sheriff, deputy sheriff, police officer, or [other person
authorized by the rules of court] independent civil process server
to remove all persons from the premises, and to put the plaintiff, or the
plaintiff's agent, into the full possession thereof."
SECTION 57. Section 666-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) If the tenant is
unable to comply with the court's order under subsection (a) in paying the
required amount of rent to the court, the landlord shall have judgment for
possession and execution shall issue accordingly. The writ of possession shall issue to the
sheriff, deputy sheriff, police officer, or [other person authorized by the
rules of court of the circuit where the premises are situated,] independent
civil process server from the department of the attorney general's list under section
28-E ordering the sheriff, deputy sheriff, police officer, or [other
person authorized by the rules of court] independent civil process server
to remove all persons and possessions from the premises, and to put the
landlord, or the landlord's agent, into full possession of the premises."
SECTION 58. Section 844D-38, Hawaii Revised Statutes, is amended to read as follows:
"[[]§844D-38[]]
Collection of replacement specimen found spoiled or unusable. Whenever the department notifies the department
of [public safety] the attorney general or any other law
enforcement agency that a biological specimen, sample, or print impression is
not usable for any reason, the person who provided the original specimen,
sample, or print impression shall submit to collection of additional specimens,
samples, or print impressions. The
department of [public safety] the attorney general or other
responsible law enforcement agency shall collect additional specimens, samples,
or print impressions from these persons as necessary to fulfill the
requirements of this chapter, and transmit these specimens, samples, or print
impressions to the department."
SECTION 59. Section 844D-111, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A person commits the offense of refusal or
failure to provide specimen for forensic identification if the person is required
by this chapter to provide any blood specimens, buccal swab samples, or print
impressions and intentionally, knowingly, or recklessly, refuses or fails to
provide any of the required blood specimens, buccal swab samples, or print impressions
after the person has received written notice from the department, the
department of [public safety,] the attorney general, any law
enforcement personnel, or officer of the court that the person is required to
provide each and every one of the blood specimens, buccal swab samples, and print
impressions required by this chapter."
SECTION 60. Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Criminal history record checks may be conducted by:
(1) The department of health or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;
(2) The department of health or its designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health or health care services as provided by section 321-171.5;
(3) The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in section 321-15.2;
(4) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;
(5) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;
(6) The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;
(7) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;
(8) The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;
(9) The department of human services on prospective adoptive parents as established under section 346‑19.7;
(10) The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;
(11) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;
(12) The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;
(13) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;
(14) The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;
(15) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;
(16) The department of
public safety on employees and prospective employees who are directly involved
with the treatment and care of persons committed to a correctional facility [or
who possess police powers including the power of arrest] as provided by
section 353C-5;
(17) The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;
(18) Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;
(19) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A‑601.5;
(20) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;
(21) The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;
(22) The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult protective and community services branch, as provided by section 346-97;
(23) The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;
(24) The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;
(25) The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;
(26) The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;
(27) The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;
(28) The department of commerce and consumer affairs on:
(A) Each principal of every non-corporate applicant for a money transmitter license;
(B) Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and
(C) Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,
as provided by sections 489D-9 and 489D‑15;
(29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;
(30) The Hawaii health systems corporation on:
(A) Employees;
(B) Applicants seeking employment;
(C) Current or prospective members of the corporation board or regional system board; or
(D) Current or prospective volunteers, providers, or contractors,
in any of the corporation's health facilities as provided by section 323F-5.5;
(31) The department of commerce and consumer affairs
on:
(A) An applicant for
a mortgage loan originator license, or license renewal; and
(B) Each control
person, executive officer, director, general partner, and managing
member of an applicant for a mortgage loan originator
company license or license renewal,
as
provided by chapter 454F;
(32) The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;
(33) The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;
(34) The counties on prospective employees for fire department positions which involve contact with children or vulnerable adults;
(35) The counties on prospective employees for emergency medical services positions which involve contact with children or vulnerable adults;
(36) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;
(37) The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;
(38) The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;
(39) The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;
(40) The department of commerce and consumer affairs on:
(A) Applicants for real estate appraiser licensure or certification as provided by chapter 466K;
(B) Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466L-7; and
(C) Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466L-7;
(41) The department of health or its designee on all license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities as provided under sections 329D-15(a)(4) and 329D‑16(a)(3);
(42) The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;
(43) The county police departments on applicants for permits to acquire firearms pursuant to section 134-2 and on individuals registering their firearms pursuant to section 134-3;
(44) The department of commerce and consumer affairs on:
(A) Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and
(B) Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of such application,
as provided by chapter 449;
(45) The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;
(46) The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;
(47) The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 346-2.5;
(48) The child support enforcement agency on current or prospective employees, or contractors who have access to federal tax information in order to comply with federal law, regulation, or procedure, as provided by section 576D-11.5; and
(49) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."
SECTION 61. Section 353C-6, Hawaii Revised Statutes, is repealed.
["[§353C-6] Parking fees, exemption. Notwithstanding any other law, rule, or provision
to the contrary, special service deputies of the department of public safety
are exempt from all state and county parking meter fees and county time parking
restrictions while in the performance of their official duties, including
attendance at court; provided that this exemption shall:
(1) Apply
exclusively to state owned law enforcement vehicles assigned to the department
of public safety; and
(2) Not apply to
private individuals retained by the department on a contractual basis to serve
civil process in any capacity."]
PART II
SECTION 62. All rights, powers, functions, and duties of the department of land and natural resources relating to conservation and resources enforcement are transferred to the department of the attorney general.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 63. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of land and natural resources to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of the attorney general by this Act, shall remain in full force and effect until amended or repealed by the department of the attorney general pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of land and natural resources or the board of land and natural resources in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of the attorney general or the attorney general, as appropriate.
SECTION 64. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of land and natural resources, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of the attorney general by this Act, shall remain in full force and effect. Upon the effective date of this Act, every reference to the department of land and natural resources or the board of land and natural resources in those deeds, leases, contracts, loans, agreements, permits, or other documents shall be construed as a reference to the department of the attorney general or the attorney general, as appropriate.
SECTION 65. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources relating to the functions transferred to the department of the attorney general shall be transferred with the functions to which they relate.
PART III
SECTION 66. All rights, powers, functions, and duties of the department of public safety relating to state law enforcement officers and narcotics enforcement investigators in the narcotics enforcement division are transferred to the department of the attorney general.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 67. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of public safety to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of the attorney general by this Act, shall remain in full force and effect until amended or repealed by the department of the attorney general pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of public safety or director of public safety in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of the attorney general or attorney general, as appropriate.
SECTION 68. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of public safety, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of the attorney general by this Act, shall remain in full force and effect. Upon the effective date of this Act, every reference to the department of public safety or the director of public safety in those deeds, leases, contracts, loans, agreements, permits, or other documents shall be construed as a reference to the department of the attorney general or the attorney general, as appropriate.
SECTION 69. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of public safety relating to the functions transferred to the department of the attorney general shall be transferred with the functions to which they relate.
PART IV
SECTION 70. All rights, powers, functions, and duties of the department of transportation relating to the harbors division are transferred to the department of the attorney general.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 71. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of transportation to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of the attorney general by this Act, shall remain in full force and effect until amended or repealed by the department of the attorney general pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of transportation or director of transportation in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of the attorney general or attorney general, as appropriate.
SECTION 72. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of transportation, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of the attorney general by this Act, shall remain in full force and effect. Upon the effective date of this Act, every reference to the department of transportation or the director of transportation in those deeds, leases, contracts, loans, agreements, permits, or other documents shall be construed as a reference to the department of the attorney general or the attorney general, as appropriate.
SECTION 73. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of transportation relating to the functions transferred to the department of the attorney general shall be transferred with the functions to which they relate.
PART
V
SECTION 74. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 75. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 76. This Act shall take effect on July 1, 2022.
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Report Title:
Law Enforcement; Attorney General; DLNR; PSD; DOT; Judiciary; Service of Process
Description:
Establishes an enforcement division in the department of the attorney general. Transfers to the department of the attorney general enforcement division the law enforcement activities of the department of land and natural resources, division of conservation and resources enforcement; the department of public safety state law enforcement officers and the narcotics enforcement division; and the department of transportation harbors division. Specifies the persons authorized to serve civil legal process. Mandates the attorney general to maintain a list of independent civil process servers. Shields the State and the department of the attorney general from liability arising from the acts of independent civil process servers. Effective 7/1/2022.
The summary description
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not legislation or evidence of legislative intent.