2000 Legislation
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HOUSE BILL NO. 422 – Parks&Rec, special function officer

HOUSE BILL NO. 422

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H0422........................................................by MR. SPEAKER
             Requested by:  Department of Parks and Recreation
PARKS AND RECREATION - SPECIAL FUNCTION OFFICER - Adds to existing law to
define "special function officer"; to provide that a special function
officer may exercise peace officer authority as designated by the director
of the Department of Law Enforcement; to provide limits on authority and
the authority to carry firearms; to require training and a certification of
training; to provide that the employing agency may establish a training
course and in-service training as approved by the Peace Officer Standards
and Training Council; and to provide requirements for in-service training
and costs.
                                                                        
01/17    House intro - 1st rdg - to printing
    Rpt prt - to Jud

Bill Text


 H0422
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 422
                                                                        
                                       BY MR. SPEAKER
                      Requested by: Department of Parks and Recreation
                                                                        
  1                                        AN ACT
  2    RELATING TO LAW ENFORCEMENT; AMENDING CHAPTER 5, TITLE 19, IDAHO CODE, BY  THE
  3        ADDITION OF A NEW SECTION 19-510B, IDAHO CODE, TO DEFINE "SPECIAL FUNCTION
  4        OFFICER,"  TO  PROVIDE  THAT A SPECIAL FUNCTION OFFICER MAY EXERCISE PEACE
  5        OFFICER AUTHORITY DESIGNATED BY THE DIRECTOR  OF  THE  DEPARTMENT  OF  LAW
  6        ENFORCEMENT,  TO PROVIDE LIMITS ON AUTHORITY, TO REQUIRE TRAINING AND CER-
  7        TIFICATION OF TRAINING, TO PROVIDE THAT THE EMPLOYING AGENCY MAY ESTABLISH
  8        A TRAINING COURSE AND IN-SERVICE TRAINING AS APPROVED BY THE PEACE OFFICER
  9        STANDARDS AND TRAINING COUNCIL AND TO PROVIDE REQUIREMENTS FOR  IN-SERVICE
 10        TRAINING AND COSTS; AND DECLARING AN EMERGENCY.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Chapter  5,  Title  19, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 19-510B, Idaho Code, and to read as follows:
                                                                        
 15        19-510B.  SPECIAL FUNCTION OFFICER.
 16        (1)  (a) "Special  function officer" means a peace officer performing spe-
 17        cialized investigations, service of legal process, security functions,  or
 18        specialized ordinance, rule or statutory functions.
 19        (b)  "Special function officer" includes employees of the Idaho department
 20        of parks and recreation designated by the director of the Idaho department
 21        of parks and recreation.
 22        (2)  (a) A  special  function  officer may exercise that spectrum of peace
 23        officer authority that has been designated by the director of the  depart-
 24        ment  of  law enforcement to the employing agency, and only while on duty,
 25        and not for the purpose of general law enforcement.
 26        (b)  If the special function officer is charged with a  security  function
 27        respecting facilities or property, the officer may exercise his authorized
 28        powers  only  in  connection with acts occurring on the property where the
 29        officer is employed or when required for the protection of the  employer's
 30        interest, property or employees.
 31        (3)  A  special function officer may not exercise the authority of a peace
 32    officer until:
 33        (a)  The officer has satisfactorily completed an approved  basic  training
 34        program for special function officers as prescribed in this section; and
 35        (b)  The officer's employer or chief administrator has certified this fact
 36        to the peace officer standards and training council.
 37        (4)  The  agency  for which the special function officer serves may estab-
 38    lish and maintain a basic  special  function  officer  course  and  in-service
 39    training program as approved by the peace officer standards and training coun-
 40    cil.   The in-service training shall consist of not less than forty (40) hours
 41    every two (2) years and may be conducted by the agency's own  staff  or  other
 42    agencies.
 43        (5)  All costs relating to the training and employment of special function
                                                                        
                                             2
                                                                        
  1    officers shall be the responsibility of the employing agency.
                                                                        
  2        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  3    declared to exist, this act shall be in full force and effect on and after its
  4    passage and approval.

Statement of Purpose / Fiscal Impact


                           STATEMENT  OF  PURPOSE
                            RS09360C1
This proposal would provide authority for the director of the
Department of Law Enforcement to appoint "special function
officers," who would hold limited peace officer authority.  Idaho
Department of Park and Recreation employees would be designated
special function officers while enforcing limited statutes and
rules upon lands and waters managed by the department.  The
P.O.S.T. council would prescribe minimum training requirements.




                         FISCAL  IMPACT
The Department of Parks and Recreation would incur an additional
expense of $10,000 annually that would be transferred to the
Department of Law Enforcement to cover administrative costs for
tracking the required training.  No additional cost would be
incurred on behalf of the IDPR because agency staff have been
trained as special function officers in the past and the cost of
this training is in the agency's base budget.


CONTACT   
Name:     Mark Brandt
Agency:   Department of Parks and Recreation
Phone:    334-4180 ext. 224

Statement of Purpose/Fiscal Impact                                    H0422