HB2933

SECTION 1. The legislature finds that the establishment of a highway patrol is essential to increase the effectiveness of enforcing the statewide traffic code and related county ordinances, particularly with regard to speeding and driving under the influence of an intoxicant. To this end, allowing the department of public safety to serve as a state highway patrol to handle traffic violations on state roadways would be ideal.

The purpose of this Act is to establishment a highway patrol division within the department of public safety to enforce all traffic laws and other applicable laws of the State and counties.

SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§353C-A Highway patrol. (a) There shall be established within the department, a state highway patrol, which shall consist of state law enforcement officers appointed by the director.

(b) State law enforcement officers assigned to the state highway patrol shall have all the powers of police officers.

(c) The state highway patrol established under this section shall enforce all of the traffic laws of the State under title 17, Hawaii Revised Statutes, and comparable county ordinances. The director in consultation with the police chief of each county, shall provide, by rule, for a listing of the statutes and ordinances within the jurisdiction of the highway patrol.

(d) The director shall enter into an agreement with the police chief of each county to coordinate responsibilities for traffic enforcement between the state highway patrol and a county police force.

(e) The state highway patrol shall be funded by the highway patrol special fund established under section 353C-B.

(f) The director shall adopt rules pursuant to chapter 91 for the purposes of this section.

§353C-B Highway patrol special fund; established. (a) There is established the highway patrol special fund to be administered by the department. The fund shall consist of:

(1) Moneys raised pursuant to the surcharges levied under section 291C-171;

(2) Funds appropriated by the legislature for the purpose of this chapter; and

(3) Any interest on moneys within the fund.

(b) The fund shall be used to fund and operate the state highway patrol established under section 353C-A.

(c) In administering the fund, the director shall maintain records of all expenditures and disbursements made from the highway patrol special fund.

(d) The director shall submit to the legislature an annual report on the activities under the highway patrol special fund no later than twenty days prior to the convening of each regular session."

SECTION 3. Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:

"§291C-171 Disposition of fines and forfeitures[.]; surcharge for highway patrol. (a) [~~All~~] Except as provided in subsection (c), all fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments collected relating to the commission of traffic infractions shall be paid to the director of finance of the State.

(b) In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments. The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency. Any interest penalty imposed as provided in this section may be waived by the court for good cause. All penalties collected for such outstanding citations and judgments shall be paid to the director of finance of the State.

(c) A surcharge equal to fifty per cent of the amount of the fine shall be added to each fine levied or assessment collected for a violation of any traffic laws of the state falling within the jurisdiction of the state highway patrol under section 353C-A. The surcharge shall be added to the amount of the fine or assessment and shall be deposited into the highway patrol special fund established under section 353C-B."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the establishment of a state highway patrol.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2933
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII