RELATING TO THE LAW ENFORCEMENT STANDARDS BOARD.

SB2593

THE SENATE

S.B. NO.

2593

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO THE LAW ENFORCEMENT STANDARDS BOARD
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The
legislature finds that section 139-2, Hawaii Revised Statutes, established a
law enforcement standards board to certify law enforcement officers, including
county police officers and law enforcement officers of the departments of law
enforcement, land and natural resources, taxation, and the attorney general.

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The law enforcement standards board is
responsible for establishing minimum standards for employment as a law
enforcement officer and certifying that a person is qualified to serve as a law
enforcement officer.
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The board is also
responsible for establishing certain training requirements for law enforcement
officers, including minimum criminal justice curriculum requirements for basic,
specialized, and in-service courses and programs.
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The board is required to consult and
cooperate with the counties, state agencies, other governmental agencies;
universities and colleges; and other institutions concerning the development of
law enforcement officer training schools and programs.
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The board is tasked with regulating and
enforcing these certification requirements.

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The legislature recognizes that these are important
and substantial duties that require careful evaluation to ensure that existing
legal obligations are not compromised.
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For
example, before imposing new standards impacting the employment of law
enforcement officers, the board must consider collective bargaining and other
employment requirements.
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At a minimum,
the board must evaluate how probationary periods; training requirements; required
training hours; the availability of training facilities; and the issuance,
suspension, and revocation of certification, will impact obligations already
established by law.

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The legislature finds that this evaluation should
include consideration of the study conducted by the legislative reference
bureau pursuant to Act 124, Session Laws of Hawaii 2018, and any additional
study necessary to determine the impact of uniform standards, certification,
and training for law enforcement officers.

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The law enforcement standards board has
determined that it will need significantly more time and resources to
accomplish its mission.
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Currently, the
board has only one full-time employee, a board administrator who was hired in
October 2024, to carry out its responsibilities.
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The legislature recognizes that it is unreasonable
to expect the board to accomplish its mandates and responsibilities with a
single employee.

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The legislature finds that three additional
employee positions have been created and approved by the board.
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Given the specialized nature of the board's
work, security and confidentiality requirements, and the need to attract
competitive candidates, the legislature finds that these new positions,
including an administrative manager, a training and curriculum coordinator, and
a lead investigative agent, should be excluded from the State's civil service
law and made exempt from collective bargaining.

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Accordingly, the purpose of this Act is to
exempt the newly created positions of the law enforcement standards board from the
civil service law and collective bargaining.

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SECTION
2
.
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Section 76-16, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

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"
(b)
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The civil service to which this chapter
applies shall comprise all positions in the State now existing or hereafter
established and embrace all personal services performed for the State, except
the following:

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(1)
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Commissioned
and enlisted personnel of the Hawaii National Guard and positions in the Hawaii
National Guard that are required by state or federal laws or regulations or
orders of the National Guard to be filled from those commissioned or enlisted
personnel;

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(2)
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Positions
filled by persons employed by contract where the director of human resources
development has certified that the service is special or unique or is essential
to the public interest and that, because of circumstances surrounding its
fulfillment, personnel to perform the service cannot be obtained through normal
civil service recruitment procedures.
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Any contract may be for any period not exceeding one year;

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(3)
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Positions
that must be filled without delay to comply with a court order or decree if the
director determines that recruitment through normal recruitment civil service
procedures would result in delay or noncompliance, such as the Felix-Cayetano
consent decree;

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(4)
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Positions
filled by the legislature or by either house or any committee thereof;

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(5)
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Employees
in the office of the governor and office of the lieutenant governor, and
household employees at Washington Place;

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(6)
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Positions
filled by popular vote;

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(7)
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Department
heads, officers, and members of any board, commission, or other state agency
whose appointments are made by the governor or are required by law to be
confirmed by the senate;

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(8)
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Judges,
referees, receivers, masters, jurors, notaries public, land court examiners,
court commissioners, and attorneys appointed by a state court for a special
temporary service;

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(9)
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One
bailiff for the chief justice of the supreme court who shall have the powers
and duties of a court officer and bailiff under section 606-14; one secretary
or clerk for each justice of the supreme court, each judge of the intermediate
appellate court, and each judge of the circuit court; one secretary for the
judicial council; one deputy administrative director of the courts; three law
clerks for the chief justice of the supreme court, two law clerks for each
associate justice of the supreme court and each judge of the intermediate
appellate court, one law clerk for each judge of the circuit court, two
additional law clerks for the civil administrative judge of the circuit court
of the first circuit, two additional law clerks for the criminal administrative
judge of the circuit court of the first circuit, one additional law clerk for
the senior judge of the family court of the first circuit, two additional law
clerks for the civil motions judge of the circuit court of the first circuit,
two additional law clerks for the criminal motions judge of the circuit court
of the first circuit, and two law clerks for the administrative judge of the
district court of the first circuit; and one private secretary for the
administrative director of the courts, the deputy administrative director of
the courts, each department head, each deputy or first assistant, and each
additional deputy, or assistant deputy, or assistant defined in paragraph (16);

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(10)
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First
deputy and deputy attorneys general, the administrative services manager of the
department of the attorney general, one secretary for the administrative
services manager, an administrator and any support staff for the criminal and
juvenile justice resources coordination functions, and law clerks;

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(11)
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(A)
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Teachers,
principals, vice-principals, complex area superintendents, deputy and assistant
superintendents, other certificated personnel, and no more than twenty
noncertificated administrative, professional, and technical personnel not
engaged in instructional work;

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(B)
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Effective
July 1, 2003, teaching assistants, educational assistants, bilingual or
bicultural school-home assistants, school psychologists, psychological
examiners, speech pathologists, athletic health care trainers, alternative
school work study assistants, alternative school educational or supportive
services specialists, alternative school project coordinators, and
communications aides in the department of education;

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(C)
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The
special assistant to the state librarian and one secretary for the special
assistant to the state librarian; and

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(D)
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Members
of the faculty of the university of Hawaii, including research workers,
extension agents, personnel engaged in instructional work, and administrative,
professional, and technical personnel of the university;

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(12)
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Employees
engaged in special, research, or demonstration projects approved by the
governor;

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(13)
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(A)
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Positions
filled by inmates, patients of state institutions, and persons with severe
physical or mental disabilities participating in the work experience training
programs;

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(B)
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Positions
filled with students in accordance with guidelines for established state
employment programs; and

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(C)
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Positions
that provide work experience training or temporary public service employment
that are filled by persons entering the workforce or persons transitioning into
other careers under programs such as the federal Workforce Investment Act of
1998, as amended, or the Senior Community Service Employment Program of the
Employment and Training Administration of the United States Department of
Labor, or under other similar state programs;

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(14)
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A
custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

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(15)
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Positions
filled by persons employed on a fee, contract, or piecework basis, who may
lawfully perform their duties concurrently with their private business or
profession or other private employment and whose duties require only a portion
of their time, if it is impracticable to ascertain or anticipate the portion of
time to be devoted to the service of the State;

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(16)
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Positions
of first deputies or first assistants of each department head appointed under
or in the manner provided in section 6, article V, of the Hawaii State
Constitution; three additional deputies or assistants either in charge of the
highways, harbors, and airports divisions or other functions within the
department of transportation as may be assigned by the director of
transportation, with the approval of the governor; one additional deputy in the
department of human services either in charge of welfare or other functions
within the department as may be assigned by the director of human services;
four additional deputies in the department of health, each in charge of one of
the following:
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behavioral health, environmental
health, hospitals, and health resources administration, including other
functions within the department as may be assigned by the director of health,
with the approval of the governor; two additional deputies in charge of the law
enforcement programs, administration, or other functions within the department
of law enforcement as may be assigned by the director of law enforcement, with
the approval of the governor; three additional deputies each in charge of the
correctional institutions, rehabilitation services and programs, and administration
or other functions within the department of corrections and rehabilitation as
may be assigned by the director of corrections and rehabilitation, with the
approval of the governor; two administrative assistants to the state librarian;
and an administrative assistant to the superintendent of education;

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(17)
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Positions
specifically exempted from this part by any other law; provided that:

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(A)
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Any
exemption created after July 1, 2014, shall expire three years after its
enactment unless affirmatively extended by an act of the legislature; and

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(B)
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All
of the positions defined by paragraph (9) shall be included in the position
classification plan;

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(18)
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Positions
in the state foster grandparent program and positions for temporary employment
of senior citizens in occupations in which there is a severe personnel shortage
or in special projects;

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(19)
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Household
employees at the official residence of the president of the university of
Hawaii;

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(20)
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Employees
in the department of education engaged in the supervision of students during
meal periods in the distribution, collection, and counting of meal tickets, and
in the cleaning of classrooms after school hours on a less than half-time
basis;

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(21)
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Employees
hired under the tenant hire program of the Hawaii public housing authority;
provided that no more than twenty-six per cent of the authority's workforce in
any housing project maintained or operated by the authority shall be hired
under the tenant hire program;

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(22)
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Positions
of the federally funded expanded food and nutrition program of the university
of Hawaii that require the hiring of nutrition program assistants who live in
the areas they serve;

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(23)
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Positions
filled by persons with severe disabilities who are certified by the state
vocational rehabilitation office that they are able to perform safely the
duties of the positions;

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(24)
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The
sheriff;

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(25)
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A
gender and other fairness coordinator hired by the judiciary;

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(26)
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Positions
in the Hawaii National Guard youth and adult education programs;

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(27)
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In
the Hawaii state energy office in the department of business, economic
development, and tourism, all energy program managers, energy program
specialists, energy program assistants, and energy analysts;

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(28)
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Administrative
appeals hearing officers in the department of human services;

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(29)
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In
the Med-QUEST division of the department of human services, the division
administrator, finance officer, health care services branch administrator,
medical director, and clinical standards administrator;

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(30)
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In
the director's office of the department of human services, the enterprise
officer, information security and privacy compliance officer, security and
privacy compliance engineer, security and privacy compliance analyst,
information technology implementation manager, assistant information technology
implementation manager, resource manager, community or project development
director, policy director, special assistant to the director, and limited
English proficiency project manager or coordinator;

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(31)
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The
Alzheimer's disease and related dementia services coordinator in the executive
office on aging;

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(32)
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In
the Hawaii emergency management agency, the executive officer, public
information officer, civil defense administrative officer, branch chiefs, and
emergency operations center state warning point personnel; provided that for
state warning point personnel, the director shall determine that recruitment
through normal civil service recruitment procedures would result in delay or
noncompliance;

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(33)
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The
executive director and seven full-time administrative positions of the school
facilities authority;

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(34)
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Positions
in the Mauna Kea stewardship and oversight authority;

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(35)
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In
the office of homeland security of the department of law enforcement, the
statewide interoperable communications coordinator;

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(36)
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In
the social services division of the department of human services, the business
technology analyst;

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(37)
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The
executive director and staff of the 911 board;

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(38)
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The
software developer supervisor and senior software developers in the department
of taxation;

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(39)
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In
the department of law enforcement, five Commission on Accreditation for Law
Enforcement Agencies, Inc., coordinator positions;

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(40)
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The state fire marshal and deputy state fire marshal
in the office of the state fire marshal;

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(41)
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The
administrator
, administrative manager, training and curriculum coordinator,
and lead investigative agent
for the law enforcement standards board;

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(42)
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In the office of the director of taxation, the data privacy
officer and tax business analysts
; and

[
[
]
(43)[
]
]
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All positions filled by the Hawaii tourism
authority within the department of business, economic development, and tourism.

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The director shall determine the
applicability of this section to specific positions.

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Nothing in this section shall be deemed to
affect the civil service status of any incumbent as it existed on July 1, 1955."

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SECTION
3
.
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Section 139-3, Hawaii Revised Statutes, is
amended to read as follows:

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"
�
139
-3
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Powers and duties of the board.
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The board shall:

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(1)
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Adopt
rules in accordance with chapter 91 to implement this chapter;

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(2)
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Establish
minimum standards for employment as a law enforcement officer and to certify
persons to be qualified as law enforcement officers;

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(3)
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Establish
criteria and standards in which a person who has been denied certification,
whose certification has been revoked by the board, or whose certification has
lapsed may reapply for certification;

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(4)
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Establish
minimum criminal justice curriculum requirements for basic, specialized, and
in-service courses and programs for schools operated by or for the State or a
county for the specific purpose of training law enforcement officers;

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(5)
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Consult
and cooperate with the counties, agencies of the State, other governmental
agencies, universities, colleges, and other institutions concerning the
development of law enforcement officer training schools and programs of
criminal justice instruction;

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(6)
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Employ
an administrator,
an administrative manager, a training and curriculum
coordinator, and a lead investigative agent,
without regard to [
chapter
]

chapters
76[
,
]
and 89,
and other persons necessary to
carry out its duties under this chapter;

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(7)
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Investigate
when there is reason to believe that a law enforcement officer does not meet
the minimum standards for employment, and in so doing, may:

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(A)
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Subpoena
persons, books, records, or documents;

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(B)
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Require
answers in writing under oath to questions asked by the board; and

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(C)
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Take
or cause to be taken depositions as needed in investigations, hearings, and
other proceedings,

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related
to the investigation;

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(8)
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Establish
and require participation in continuing education programs for law enforcement
officers;

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(9)
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Have
the authority to charge and collect fees for applications for certification as
a law enforcement officer;

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(10)
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Establish
procedures and criteria for the revocation of certification issued by the
board;

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(11)
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Have
the authority to revoke certifications;

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(12)
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Review
and recommend statewide policies and procedures relating to law enforcement,
including the use of force;

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(13)
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Consider
studies relevant to the board's objectives, including the study that examines
consolidating the law enforcement activities and responsibilities of various
state divisions and agencies under a single, centralized state enforcement
division or agency, conducted pursuant to Act 124, Session Laws of Hawaii 2018;
and

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(14)
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Conduct
its own study to evaluate how to efficiently and effectively satisfy its duties
in accordance with the law."

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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

LESB;
Civil Service; Collective Bargaining; Exemption

Description:

Exempts
certain positions of the Law Enforcement Standards Board from the state civil
service law and collective bargaining.

The summary description
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not legislation or evidence of legislative intent.