Prohibits unauthorized persons and entities from possessing, using, or selling any device, which allows the control of any official traffic control device.

A BILL FOR AN ACT

SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding to part IV a new section to be appropriately designated and to read as follows:

"§291C-___ Promoting the interference with official traffic-control signals in the second degree. (a) No person shall purchase or possess a mobile infrared transmitter.

(b) Violation of this section shall be punishable by a fine of not less than $500 or more than $1,000 or a term of imprisonment not to exceed thirty days or both.

(c) This section shall not apply to the purchase or possession of a mobile infrared transmitter by the operator, passenger, or owner of an authorized emergency vehicle, county transit vehicle or maintenance vehicle, as designated by the State or city or county council, for use in the course of the person’s emergency duties or other authorized duties."

SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding to part IV a new section to be appropriately designated and to read as follows:

"§291C-___ Promoting the interference with official traffic-control signals in the first degree. (a) No person shall sell, manufacture, import, or distribute a mobile infrared transmitter.

(b) Violation of this section shall be punishable by a fine of not less than $1,000 or more than $2,000 or a term of imprisonment not to exceed one year or both.

(c) This section shall not apply to the sale or distribution of a mobile infrared transmitter, or the importation of a mobile infrared transmitter for sale or distribution, to operators, passengers, or owners of authorized emergency vehicles, county transit vehicles or maintenance vehicles, as designated by the State or city or county council, for use in the course of the person’s emergency duties or other authorized duties."

SECTION 3. Section 291C-1, Hawaii Revised Statutes, is amended by adding new definitions to be appropriately inserted and to read as follows:

'County transit vehicle' means a public mass transit vehicle designed for carrying more than ten passengers and used for the transportation of persons in the county transit system; and owned by:

(1) The county; or

‘Mobile infrared transmitter’ means a device that emits an infrared beam which is intended or designed for use in controlling official traffic-control signals."

SECTION 4. Section 291C-37, Hawaii Revised Statutes, is amended to read as follows:

SECTION 4. Section 291C-37, Hawaii Revised Statutes, is amended to read as follows:

"§291C-37 Interference with official traffic-control devices or railroad signs or signals. (a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, [or] remove, or interfere with the operation of any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.

(b) This section shall not apply to the operator, passenger, or owner of an authorized emergency vehicle, county transit vehicle or maintenance vehicle, as designated by the State or city or county council, in the course of the person's emergency duties or other authorized duties."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.