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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
|||| 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 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