WHEREAS, The Commercial Motor Vehicle Act of 1986 established standards for disqualifying commercial drivers who commit offenses defined as serious traffic violations; and

WHEREAS, Title 49 of the Code of Federal Regulations (CFR), part 383.5 defined the offenses that constitute serious traffic violations; and

WHEREAS, The sanction for speed, as a serious traffic violation, becomes enforceable when the actual speed is 15 miles per hour or more above the posted speed limit; and

WHEREAS, The sanction for speed was established when the national speed limit was 55 miles per hour; and

WHEREAS, A speed limit of 65 miles per hour raises the speed sanction to 80 miles per hour before it becomes classified as a serious traffic violation; and

WHEREAS, The safety of all users of the highway is our primary concern; now, therefore, be it

RESOLVED, That the International Association of Chiefs of Police, duly assembled at its 104th Annual Conference in Orlando, Florida, supports an amendment to Title 49, CFR, Part 383.5, to reflect a reduction to 10 miles per hour or more above the posted speed limit as the criteria for determining a serious traffic violation involving speed.

WHEREAS, the International Association of Chiefs of Police supports the rationale behind Section 658 of the Omnibus Spending Bill of 1996, also know as the Domestic Violence Gun Ban; and

WHEREAS, IACP does not support efforts to exempt law enforcement officers, as a class, from the prohibitions of the law; and,

WHEREAS, IACP is concerned with the possible inequity for all citizens who entered into plea bargain agreements years ago without full knowledge of future consequences; and

WHEREAS, IACP is concerned with the potential civil and criminal liability of public safety employers who are unable to make an accurate determination on the possible weapons disability of public safety officers as a result of the lack of complete misdemeanor files and records; now, therefore be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 104th annual conference in Orlando, Florida, will work with Congress and the Executive Branch to develop a solution to the inequities and problems created by the so-called Domestic Violence Gun Ban.

WHEREAS, millions of dollars are being spent annually by police agencies throughout the nation to defend baseless lawsuits; and

WHEREAS, often these lawsuits are brought and perpetuated by convicted criminals utilizing taxpayer-provided legal resources at their places of incarceration; and

WHEREAS, litigation of these baseless lawsuits is requiring law enforcement agencies to divert untold financial and personnel resources away from primary law enforcement objectives; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 104th annual conference in Orlando, Florida, supports legislative reform that would heighten pleading requirements in actions against police agencies, reduce litigation by prisoners, cap damages and attorneys’ fees in actions against police agencies, and preclude actions for personal injury damages suffered by suspects while resisting or fleeing arrest; and, be it

FURTHER RESOLVED, that the IACP will assist with, encourage and support any congressional initiatives in this regard.

WHEREAS, law enforcement organizations have long enjoyed the support and trust of the citizens in the communities they serve; and,

WHEREAS, this support and trust has been reflected by the citizen’s support of law enforcement fund raising initiatives, and,

WHEREAS, an increasing number of organizations and individuals are conducting misleading or fraudulent telephone solicitations, by posing as law enforcement officers or agencies, or using names that closely resemble law enforcement agencies; and,

WHEREAS, the actions of these individuals and organizations is undermining the public faith in, and willingness to support, legitimate law enforcement fundraising initiatives, and,

WHEREAS, citizens have the right to be certain that the donations they make to police organizations are actually received by legitimate law enforcement groups; now, therefore be it,

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 104th annual conference in Orlando, Florida, will work with Congress and the Executive Branch to secure federal legislation that will bring truth to law enforcement solicitations made by any individual, group or organization and ensure citizens that legitimate law enforcement agencies or officers will benefit from their contributions to fundraising efforts.

WHEREAS, there are literally several hundred law enforcement officers who put their lives on the line to protect the public’s safety on our nation’s university and college campuses; and WHEREAS, these police officers are employed by private sector or quasi-government institutions of higher learning throughout the United States; and

WHEREAS, these campus police officers are “sworn,” “licensed,” or “certified” peace officers, and are, therefore, required by their respective states to maintain arrest powers and receive certification from the appropriate state or local agency or statutory authority; and

WHEREAS, numerous members of the University/College Police Section of the International Association of Chiefs of Police have been adversely impacted by the exclusion of their members for the benefits under the Public Safety Officers’ Benefits (PSOB) Act (42 u.s.c.3796); and

WHEREAS, various federal laws require all universities and colleges to collect and report on criminal activities within their jurisdictions at a level higher than mandated for other police agencies; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 104th annual conference in Orlando, Florida, strongly supports the inclusion of police officers employed by private or quasi-governmental institutions of higher learning throughout the United States be eligible to receive benefits under the Public Safety Officers’ Benefits (PSOB) Act (42.u.s.c.3796); and, be it

FURTHER RESOLVED, that the IACP urges Congress and the appropriate executive branch agencies with jurisdiction to modify language and/or interpretation of existing federal laws to encompass all campus police personnel—for those who are required to become “sworn,” “licensed,” or “certified,” peace officers—within the meaning of the existing law enforcement official language.

WHEREAS, there are literally several hundred law enforcement officers who put their lives on the line to protect the public’s safety on our nation’s university and college campuses; and WHEREAS, these police officers are employed by private sector or quasi-government institutions of higher learning throughout the United States; and

WHEREAS, these campus police officers are “sworn,” “licensed,” or “certified” peace officers, and are, therefore, required by their respective states to maintain arrest powers and receive certification from the appropriate state or local agency or statutory authority; and

WHEREAS, numerous members of the University/College Police Section of the International Association of Chiefs of Police have been adversely impacted by the omission of their members from the law enforcement exception to the Gun Control Act of 1968 as amended by the Violent Crime Control and Law Enforcement Act of 1994 for the acquisition and possession of high-capacity magazines; and

WHEREAS, various federal laws require all universities and colleges to collect and report on criminal activities within their jurisdictions at a level higher than mandated for other police agencies; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 104th annual conference in Orlando, Florida, strongly supports the inclusion of police officers employed by private or quasi-governmental institutions of higher learning throughout the United States be included in “law enforcement” exception Section 922(w)(93)(A) from the prohibitions of Section 922(w)(1) of the Gun Control Act of 1968, U.S.C. Chapter 44, as amended by the Violent Crime Control and Law Enforcement Act of 1994, and, be it

FURTHER RESOLVED, that the IACP urge Congress and the appropriate executive branch agencies with jurisdiction to modify language and/or interpretation of existing federal laws to encompass all campus police personnel—for those who are required to become “sworn,” “licensed,” or “certified” peace officers—within the meaning of the existing law enforcement exception language.

WHEREAS, there are some 42 major railroads employing approximately 2,800 police officers, who are highly trained law enforcement professionals, certified and/or commissioned as sworn police officers in their respective states; and 

WHEREAS, railroad police officers have a long and distinguished history as law enforcement officers in the United States; and

WHEREAS, railroad police officers, under the provisions of the Crime Control Act of 1990, have law enforcement authority in any jurisdiction wherein the railroad owns property; and

WHEREAS, there is no provision under current law for railroad police officers to purchase and carry weapons with high capacity magazines; now, therefore be it

RESOLVED, that the International Association of Chiefs of Police strongly supports amendment of 18 USC Section 922 (w)(3)(A), to provide authority to railroad police officers to purchase and carry weapons with high magazine capacity.

WHEREAS, there are some 42 major railroads employing approximately 2,800 police officers, who are highly trained law enforcement professionals, certified and/or commissioned as sworn police officers in their respective states; and 

WHEREAS, railroad police officers have a long and distinguished history as law enforcement officers in the United States; and

WHEREAS, railroad police officers, under the provisions of the Crime Control Act of 1990 have law enforcement authority in any jurisdiction wherein the railroad owns property; and

WHEREAS, railroad police officers, under the provisions of the Crime Control Act of 1990, have law enforcement authority in any jurisdiction wherein the railroad owns property; and

WHEREAS, there is no mechanism under current law for railroad police officers to attend the FBI National Academy, no therefore be it

RESOLVED, that the International Association of Chiefs of Police strongly supports an amendment to 42 USC Section 3771, to provide access to the FBI National Academy for railroad police.

WHEREAS, Senate Bill 1236 has been introduced as an amendment to the continuing resolution for highway safety funding; and, WHEREAS, this bill would mandate prison sentences and require states to seize vehicles involved in pursuits; and, WHEREAS, S.1236 would require all state, county, and local law enforcement agencies to conform their pursuit policies to the standards to be set by the Secretary of Transportation of the United States; and, WHEREAS, S. 1236 would require reporting to the governor of each states annually each motor vehicle pursuit conducted by a law enforcement agency; and, WHEREAS, the International Association of Chiefs of Police has long recognized the dangers inherent in police pursuits, the need for stringent controls on such pursuits, and effective punishment for violators who attempt to elude pursuit; and. WHEREAS, the International Association of Chiefs of Police opposes unfunded federal mandates on state and local government and unwarranted intrusion of the federal government into the affairs of the states; now, therefore be it, RESOLVED, that the International Association of Chiefs of Police, at its 104th Annual Conference in Orlando, Florida, opposes S. 1236 as written; and be it further, RESOLVED, that the IACP urge Congress to pass legislation that makes a portion of highway trust funds available as grants-in-aid to the states and local jurisdictions to upgrade police driver training programs and facilities, develop pursuit reporting systems, purchase technology such as spike strips to safely interrupt fleeing vehicles, and support further federal research into electronic and other countermeasures to safely apprehend fleeing vehicles; and be it further, RESOLVED, that copies of this resolution be sent to the appropriate U.S. Senate and House Committees, the National Governors Association, and the Secretary of Transportation.

WHEREAS, the International Association of Chiefs of Police supports programs that require the registration of convicted sex offenders; and,

WHEREAS, the Jacob Wetterling Sex Offender Registration Act imposes a cumbersome registration system on states, even though some states have a similar program in effect; and

WHEREAS, failure to comply with the provisions of the Wetterling Act threatens the state with the loss of 10 percent of Byrne Grants funds; and,

WHEREAS, threatening to reduce the level of Byrne Grant funds received by states represents a sanction; and,

WHEREAS, the International Association of Chiefs of Police has long believed that federal legislation should not contain sanctions that reduce or restrict funding by requiring compliance with federal mandates; now, therefore be it;

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 104th annual conference in Orlando, Florida, will work to amend the Jacob Wetterling Sex Offender Act to remove the sanction provision, and instead, provide an exemption from the specific mandates of the act for those states that have established a sex offender registration program and prescribed alternative measures that protect the public from dangerous sexual predators.

WHEREAS, the enactment of encryption legislation that protects the public safety is absolutely critical; and

WHEREAS, the lawful interception of telecommunications is one of the most valuable investigative tools available to law enforcement in identifying and crippling illegal drug activities and drug trafficking organizations; and

WHEREAS, the telecommunications industry is developing progressively sophisticated systems, such as personal communications networks, advanced cellular, and integrated services digital networks, which have the capacity for high-speed simultaneous transmissions of video, voice and data; which can be secured from interception by encryption; and

WHEREAS, advances in telecommunication technology have adversely impacted court authorized interception of communications; and experience has demonstrated that most sophisticated and dangerous criminals, eager to shield themselves from detection, use state of the art technology to thwart law enforcement; and

WHEREAS, if the legislation enacted allows unrestricted use of encryption, criminals will use encryption to prevent interception of telephone conversations in which criminal activity is conducted and hide stored computer data relating to this activity; and

WHEREAS, it is essential that law enforcement preserve the status quo of telecommunications interception capability; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 104th annual conference in Orlando, Florida, fully supports legislation to preserve the ability of law enforcement to legally intercept telecommunications, and requires the development, manufacture, distribution and sale of only key recovery products. Such legislation would preserve law enforcement’s timely access to plain text of encrypted conversations and information and does not leave critical technological decisions to market forces.

WHEREAS, growing public awareness and concern about safety and security matters have stretched thin the resources of public law enforcement agencies, including the Federal Bureau of Investigation (FBI), limiting their capacity to meet the ever-growing number of calls for service because their fiscal resources have not increased commensurately with the demand; and

WHEREAS, the growth of the private security industry reflects the increased demands for services to supplement, but not replace, those performed by law enforcement officers; and

WHEREAS, although 40 states currently regulate individuals who provide private security officer services, criminal records checks that meet state regulatory requirements are often limited to inquiries in the state in which application is being made; and

WHEREAS, the cost to conduct criminal background checks of such private security officers has been funded historically through charges to the individual making application for licensing or that individual’s employer, so that these checks are self-funding when the proceeds are dedicated for that purpose and not diverted to a general fund; and

WHEREAS, as the number of private security officers continues to grow, conducting timely and thorough background investigations becomes increasingly important as a matter of public safety; and

WHEREAS, the capability to check private security officer applicants through state and FBI criminal fingerprint records systems, plus automated state and federal files of outstanding arrest warrants or court orders would greatly enhance the likelihood of detecting applicants disqualified for such positions as well as those wanted by law enforcement agencies; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 104th annual conference in Orlando, Florida, support federal or state legislation that will authorize and facilitate, on a dedicated fee-for-service basis, timely criminal records checks of private security officer applicants through use of fingerprint comparisons using state and FBI criminal history records systems as part of the process in determining the suitability of such individuals for employment as private security officers; and, be it

FURTHER RESOLVED, that the IACP convey its position of support for such authorization to all members of Congress, members of state legislatures, and federal and state officials.