Video here (see Feb. 13 – meeting starts at 16:25).
HB 1117 – Law enforcement officers; expand eligibility to serve as a peace officer to United States nationals
House Public Safety and Homeland Security Committee
- Hearing transcript by Rev.com My cost: $32.00 and about 1.5 hours of my time. dak
Rep. Bill Hitchens:
I bring to you today house bill 1117 LC394010. What this has to do with is post certification of police officers. And, uh, as you look through the bill, uh, you can see, uh, we’ve been offered amendment here, but, uh. You can see on line 14, item two, “The assist international of the United States.” And what, uh, what I’ve got is back in, uh, back in December I got a phone call from the chief of police in Paula, Georgia. He has an individual who’s an American Samoan. And he served four years in the United States Army, deployed to the Middle-East, he’s been a police officer in his jurisdiction for four years now. And, uh, post counsel did a survey and found out there were four American Samoans service as police officers of the state, and they pulled his certification pending action here or they attain U.S. citizenship.
Now all the other, uh, territories of the United States allow, uh, Puerto Rico, Virgin Islands, Northern Marianas, they’re also, uh, uh, territories of the United States. They can be police officers. And I don’t know what the exclusion is here, I’m done a lot of checking around the last couple days. American Samoans are the most patriotic people in the United States of America. They have a higher percentage of people that serve in the U.S. military, uh, and they have, uh, in 2021 there were 20,000 American Samoans in the United States Army. I served in Vietnam in the Marine Corps. I had a Samoan in my unit. They’re very patriotic people and this guy apparently has done a great job in his four years. The chief wants to retain him. He’s put him in an administrative position until something can be done.
Now, I’ve gone through this in the State Patrol with a boy that, or young man, who was born in Cuba. And, uh, in order to be a State Trooper, you had to be an- a native born American citizen. And since he was born in Cuba, he didn’t qualify. He went to federal court and won, and it’s been a while now, but he’s already retired. So it’s, uh, the guy right now who is the Inspector General for the State of Georgia, he used to work with me in our internal affairs unit. He was a federal policeman in Aus- Australia and immigrated to the United States. He wanted to be a state trooper, but he couldn’t get post certified, so we put him in investigation, which is what he did in Australia. He was there for 11, 12 years since he sought American citizenship, and in fact, he got so high in pay that he didn’t want to take a reduction when he got his citizenship. So now he’s moved on in two or three investigative organizations and state government, and now serves as our, uh, Inspector General.
So, I think it’s only fair, this guy has served our country. We sent him over to the Middle-East where he could have gotten shot. We can’t hire police officers not in jurisdiction. He wants to do it, uh, this is a very professional organization in Paula. And, uh, he’s apparently done a great job and I just think if there’s any fairness that, uh, he’ll get consideration, along with the other three in the state. I don’t know anything about them, but, I think as a- as a territory, the American Samoans have- have stood up for our country for- for a long time, and they’re very patriotic. And I don’t know why we exclude them.
Committee Chairman:
Understood. Uh, you- you have a, uh, before we get too far down the road discussing-
Rep Hitchens:
Sure.
Committee Chairman:
… your bill. Uh, you have an, uh, an amendment that you want to offer, uh, there, and make… yeah, if you wanna-
Rep Hitchens:
And- and what- what we wanna do is scratch through, “or national”, uh, that’s great line 14, “Be a citizen”, and scratch through “or national” and put, “or national of the United States from American Samoa or Swain Island.”
Committee Chairman:
And- and befo- and- is everyone clear on that?
Rep Hitchens:
Sure. Scratch through, “or national”, and insert, “or national of the United States from American Samoa or Swain Island.”
Committee Chairman:
I want to differ to, uh, lead counsel on that. And that will tight up and make sure that there’s no expansion of- of what the term national means, is that correct?
Legislative Counsel:
Yeah, so national [inaudible 00:04:29].
Committee Chairman:
Okay. My office had been bombarded with phone calls…
Colonel Hitchens:
Mine, too.
Committee Chairman:
… given- given the state of politics, if you will here, uh, and- and seeing the crisis at the border. I’ve- I’ve had tremendous amount of- of calls, people concerned that we’re just gonna let anyone who is not a national born U.S. citizen, uh, become post certified and enforce the laws of this state.
Rep Hitchens:
Right.
Committee Chairman:
And nothing can be further from the truth.
Rep Hitchens:
Correct.
Committee Chairman:
Uh, we wanna make sure and keep this tight and keep it to where, uh, it’s gonna benefit those who are, uh, uh, in need of this legislation. And- and quite frankly, to reward those people who are, uh, just as American as- as- as you and I, Colonel. Is that correct?
Rep Hitchens:
That’s correct.
Committee Chairman:
Okay. Uh-
Rep Hitchens:
And they are national, uh, national citizens. They are not American citizens, but they are U.S. nationals.
Committee Chairman:
Okay. Um, Representative Evans? Or Representative Fraser, I’m sorry. [inaudible 00:05:29].
Representative Frasier:
Thank you, Mr. Chairman. Colonel Hitchens, so we are doing legislation for a certain group of immigrants?
Rep Hitchens:
They are not immigrants.
Representative Frasier:
Nationals?
Rep Hitchens:
Nationals.
Representative Frasier:
U.S. nationals?
Rep Hitchens:
That’s correct.
Representative Frasier:
But they do not have visas? Or you think-
Rep Hitchens:
I don’t think so. ()
Representative Frasier:
Okay, so, so now, in this case, we are doing it for four Samoans?
Rep Hitchens:
And I think there’d probably be more in the future. It’s only four, it’s a- it’s a small venture, but, uh, you know, I just think that those that have served, uh, aught to have some, uh, aught- aught to be recognized and, uh, allowed to go forwards on what they wanna do with their- with their- with their life. I mean…
Representative Frasier:
So, um, I’m just trying to understand this, because this might open up for other nationalities.
Rep Hitchens:
No, it- it’s very specific. It says, uh, American Samoan.
Representative Frasier:
Yeah, that’s what this one will say.
Rep Hitchens:
Right.
Representative Frasier:
And- you- it might- you might come back and find out that we also have other nationalities that served in the military that- that we- that you think, or we think, they should also be considered.
Rep Hitchens:
Well, the truth is, if they’re in the military right now, they can get expedited U.S. citizenship. Uh, it’s a shame this fella didn’t ask for it while he was in the military, ’cause he could’ve got it.
Representative Frasier:
So, my question is, if he’s already a police officer, how did he get that status?
Rep Hitchens:
Apparently nobody checked his record when he applied. Uh, I’m sure there are very few people, uh, our, uh, representative down here was the head of post counsel for years, and I’ve talked to him about this. And, uh, I don’t think they would’ve- anybody recognized that there was any different status for them because they are a residence of the territories of the United States.
Representative Frasier:
So, actually we might have many, many more since they weren’t recognized.
Rep Hitchens:
Not Samoans. Well, we could have a few more Samoans, but if- if they’re at another- if they’re from another country, and they served in our U.S. military, they can get expedited U.S. citizenship. For service.
Representative Frasier:
And would they fall under this?
Rep Hitchens:
No.
Representative Frasier:
Okay. So it’s just for these four people that you know?
Rep Hitchens:
And anybody that, uh, comes along afterwards that’s happens to be… he’s- he was stationed in the 3rd Infantry Division down at Fort Steward. I don’t know whether he got married, but when he got out he decided to reside there and stay.
Representative Frasier:
Uh, one final question, uh, Mr. Chairman.
Committee Chairman:
Go ahead. Go ahead.
Representative Frasier:
So, Colonel Hitchens, since these four men were, um, pretty much overlooked, um, so what- what do we have in place now to make sure that the ones that’s following him are being screened properly.
Rep Hitchens:
I’m sure they’re being screened now. this is, uh, this- once they discover this I’m sure that anybody that applies for post certification now will be identified.
Representative Frasier:
Okay, you said you’re sure?
Rep Hitchens:
I’m positive.
Representative Frasier:
But there’s- okay. Thank you.
Colonel Hitchens:
I never knew this existed. I’ve been state law enforcement for 43 years.
Committee Chairman:
Well, I’ll just tell you, to a new- renew a professional license in this state, uh, you have to do every but give DNA.
Rep Hitchens:
Right.
Committee Chairman:
Uh, I can attest to that. Let’s see, what will I go to? Representative Neil.
Representative Neil:
Yes, thank you to the Chair. Thank you for the bill, uh, of which I’m a signer. And I just had a thought and if anyone’s open to it, I think this could help the cause and the bills, um, it- but it- but to address, um, Representative Fraser’s point. I wonder if changing the terminology to match and cover all the U.S. territories that we can have people come from that include Puerto Rico, what-have-you. So, if they would- if we were to adjust anything to say U.S. territories that would the five, uh, territories, um, of the United States that you came from. Uh, territory covers Mariana Islands, Guam, Puerto Rico and the U.S. Virgin Islands.
Rep Hitchens:
The- as- as I already said, they’re all eligible already. I don’t know what the difficulty is about American Samoa. Uh, we have a lot of Puerto Rican and, uh…
Representative Neil:
Right.
Rep Hitchens:
… I don’t know so many from Virgin Islands, but, they’re already- they’re already eligible to become post certified.
Committee Chairman:
Right, right.
Representative Neil:
So people from Guam- from Guam…
Rep Hitchens:
Guam.
Representative Neil:
Marianna Islands, Puerto Rico, and the U.S. Virgin Islands. We just left out American Samoa for somewhere.
Rep Hitchens:
Right. For reasons unbeknown to me, or apparently anybody else that I’ve talked to.
Representative Neil:
Okay.
Committee Chairman:
All right. Uh, number 18, Representative Evans.
Representative Evans:
Thank you. I guess that was- that was really a part of my question is that was there any need to- to be more specific about these other U.S. territories. Is there any harm in mentioning the other U.S. territories?
Rep Hitchens:
I don’t think so. Uh, when we- when we, uh, constructed the bill, we just thought it would be easier just to say, uh, [inaudible 00:10:36] in one word. And, uh, but I- I had no, uh, idea that this would devolve into controversy. I think it would be a simple bill that, uh, [inaudible 00:10:45].
Committee Chairman:
It’s- it’s the board from Chair that there is no sense in adding those, because they’re already eligible, they’re already eligible.
Rep Hitchens:
Right.
Representative Evans:
Okay.
Committee Chairman:
So we won’t invest this specific issue [inaudible 00:10:56], keep the docket clean. Any other, uh, discussion at this time?
Terry Norris, you’re hear the Sheriff’s Association, do you have anything you wanna weigh in on this bill?
Terry Norris (offf mic):
Uh, it might not make much sense to us [inaudible 00:11:09]. Years ago, we had a conversation with the Sheriff, not about American Samoans, about- but about others in the country legally, excuse me, illegal, uh, from out of the country, but working here legally, uh, [inaudible 00:11:35].
Committee Chairman:
Okay. Representative Neil?
Representative Neil:
Uh, at the appropriate time.
Committee Chairman:
Okay. Uh, there’s been motion to, uh, do pass. Uh, HP11, uh, 11- 111 second, excuse me. LC394010. There’s been a, uh, motion to second. All those in favor, please say aye.
Representative Neil:
Aye.
Committee Chairman:
All those opposed, like sign. Oh, excuse me. I’m sorry. Let’s back up just a second there. I kind of get ahead of myself. So, motion do pass in a second. We also have [inaudible 00:12:15]. Anyone want to? Representative Lyle.
Representative Lyle:
Okay. Mr. Chair, I would like to, uh, do the amendment, uh, per the author of the bill LC394010, [inaudible 00:12:32] 1117, on line 14. Scratch through “or national”, and insert… I should, you know, actually back up one moment on that. On line 14, I think it would be to just add “a” after the word “or”, and just make it “or a national”. It would read, “Of the United States”, following the word “states” put “from American Samoa or Swains Island.”
Committee Chairman:
Okay. I’ll differ to Legislative Counsel. Is that going to be-
Legislative Counsel:
[inaudible 00:13:19] I thought we were putting, “or national “or national of the United States from American Samoa or Swain Island.” And after United States [inaudible 00:13:29].
Committee Chairman:
Do you wanna repeat that, Representative Lyle for Leg. Counsel?
Representative Lyle:
Okay. So, we can do that either way for leg. Counsel’s purpose. Do you have a preference?
Legislative Counsel:
[inaudible 00:13:44].
Representative Lyle:
Add “or”… okay.
Legislative Counsel:
[inaudible 00:13:57].
Representative Lyle:
All right. Yes, ma’am. We’ll do it- let’s do it that way. Line 14, scratch through “or national” and then, following the words “United States” add, “or a national from American Samoa or Swains Island.”
Committee Chairman:
Okay. Is there a second to that motion?
Speaker 10:
Yes, Mr Chairman. I’m sorry. I have written down, “or a national of the United States from American Samoa or Swains Island.”
Committee Chairman:
I’ll just differ that to Leg. Counsel, ’cause we’re starting to split hair.
Legislative Counsel:
Yeah, that’s it. We can see it.
Speaker 10:
But she- but- yeah, it’s last time PSA, it’s-
Legislative Counsel:
Yes, yes, yes. No, and you’re right, I did not say it because, originally I wasn’t sure why we were repeating all of that. My fault. ()
Committee Chairman:
You wanna restate- you wanna restate your-
Legislative Counsel:
Let’s restate this. Um, “be a citizen” and then we will scratch through the “or a national”. It will read, “be a citizen of the United States”. Then following the word “States”, we will add, “or a national of the United States from American Samoa or Swains Island.”
Committee Chairman:
Okay. Is that clear?
Speaker 10:
Yes.
Committee Chairman:
Okay. Is there a second to that? Okay, all those in favor on adding that, uh, amendment to the bill, please signify by saying aye.
Legislative Counsel:
Aye.
Representative Neil:
Aye.
Committee Chairman:
All those opposed, like sign. Okay. Then amendment is on.
Okay, now. All those in favor of, uh, the passage of the bill, uh, as amended please say aye.
Representative Neil:
Aye.
Committee Chairman:
All those oplo- opposed, please say no. Okay. The amended bill passes.
Rep Hitchens:
Thank you.
Committee Chairman:
Thank you.
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