HOUSE OF REPRESENTATIVES

H.B. NO.

203

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to statewide interoperable public safety communications.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The Oklahoma City bombing, the attacks of September 11, 2001, Hurricane Katrina in 2005, and other subsequent terrorist and natural disasters have repeatedly exposed the communications challenges faced by first responders in communicating with each other.  These challenges to robust and sustainable interoperable public safety communications include a lack of essential public safety communications staff, existing staff are in disparate organizations or entities such that a lack of coordination and cooperation among agencies is the result, inadequate coordination in planning, lack of policies and procedures, incompatible communications equipment that may also be reaching the end of its useful life, equipment and resources in multiple and disparate locations with inconsistent or non-existent intra-agency or intra-entity coordination, and limitations on funding.  To deal with interoperable communications issues, Congress passed Title XVIII of the Homeland Security Act of 2002, as amended, which requires the United States Department of Homeland Security, Office of Emergency Communications, to develop and update a national emergency communications plan to ensure that emergency responders at all levels of government and disciplines have interoperable communications by identifying capabilities and initiatives and setting strategic goals and national objectives.  To help states improve state and local interoperability communications, homeland security grants for communication interoperability initiatives require each state to establish a statewide communication interoperability plan that includes annual updates.

     The legislature finds that as a matter of policy, all efforts should be made to ensure that all county and state public safety agencies have interoperable communications and engage in coordinated planning, equipment purchases, and infrastructure development.  To achieve statewide interoperability, all stakeholders must be involved in the collaboration and development of shared objectives and strategies.

     The purpose of this Act is to establish a statewide governance system that includes an interoperability executive board to set the overarching policy, guidance, and direction for statewide interoperable public safety communications.  It is the intent of the legislature to create a statewide governance board with this Act and that the statewide governance board shall make recommendations to the legislature for improvements and local governance structures that will coordinate with the statewide governance board.

     The legislature further finds that the greatest obstacle to interoperability is the absence of human resources and funding and that while state and county public safety agencies have received money from various federal grants including state homeland security grants, public safety interoperable communications grants, interoperable emergency communications grants, and interoperable communications technical assistance program, all of which have helped Hawaii public safety agencies, the legislature and county councils struggle with identifying a coordinating mechanism to explore what types of human resources are needed and what are the ongoing funding obligations to maintain or expand communications systems.

     The legislature finds that each time a citation is issued, an arrest made, or public safety officials respond to a call for help, these very same public safety communications systems are used.  Therefore, another purpose of this Act is to provide a mechanism to ensure ongoing timely funding of public safety interoperable communications systems by authorizing surcharges on various motor vehicle citations and criminal penalties to be deposited into a statewide interoperable public safety communications trust fund which can then be used to pay for, or offset costs of, public safety telecommunications systems and, if identified necessary, human resources.

     SECTION 2.  Chapter 128A is amended by adding a new part to be appropriately designated and to read as follows:

"PART II.  Statewide Public Safety Communications Interoperability

     §128A-     Statewide interoperability executive board.  (a) There is established within the department of defense for administrative purposes the statewide interoperability executive board which shall be the primary steering group for the Hawaii statewide communications interoperability plan.

     (b)  The members of the statewide interoperability executive board shall consist of:

     (1)  The adjutant general, or designee, who shall serve as the chair of the board;

     (2)  The attorney general, or designee, who shall serve as the co-chair of the board;

     (3)  The deputy director of law enforcement of the department of public safety, or designee;

     (4)  The director of transportation, or designee;

     (5)  The chairperson of the board of land and natural resources, or designee;

     (6)  The director of health, or designee;

     (7)  The comptroller, or designee;

     (8)  The chief information officer of the office of enterprise technology services, or designee; provided that the designee shall be a decision maker and knowledgeable with public safety communications;

     (9)  The mayor of each county, or designee; provided that the position of the designee shall be no lower than that of the managing director or the chief of staff;

    (10)  The chair of the Hawaii Fire Chiefs Association, or designee;

    (11)  One chief of police, or designee, who shall be selected by all chiefs of police in Hawaii;

    (12)  The chairperson of the enhanced 9-1-1 board, or designee;

    (13)  The chairperson of the 700 MHz Regional Planning Committee, or designee;

    (14)  One senator appointed by the president of the senate with an interest in public safety communications; and

    (15)  One representative appointed by the speaker of the house of representatives with an interest in public safety communications.

For purposes of this subsection, each designee shall have the authority to act on behalf of the member identified for membership.

     (c)  Members of the board shall receive no compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred in carrying out their duties relating to the board.

     (d)  Persons holding public office or employment in the state government, or any political subdivision thereof, shall be eligible for appointment to the board.

     §128A-     Duties of the state interoperability executive board.  (a)  The state interoperability executive board shall have the following duties:

     (1)  Develop, annually update, and monitor implementation of the statewide communication interoperability plan that shall be designed to achieve statewide interoperable public safety communications;

     (2)  Establish, develop, and recommend policies and strategies to improve public safety communications interoperability among state and county public safety agencies and, where possible, federal agencies;

     (3)  Develop standards, plans, and policies to encourage and foster consistent design and development of public safety communications infrastructure and systems;

     (4)  Where appropriate, recommend changes and improvements to existing public safety communications infrastructure and governance as required or appropriate for implementation of interoperability plans;

     (5)  Develop recommendations for legislation to promote statewide public safety communications interoperability and governance at the state and county levels;

     (6)  Develop recommendations for state and county policies to promote statewide public safety communications interoperability;

     (7)  Coordinate state and county activities relating to obtaining, implementing, and using federal grants for support and coordination of public safety interoperable communications systems, resources, staffing, infrastructure, equipment, and training;

     (8)  Conduct and submit an annual update of the interoperability plan to the United States Department of Homeland Security, Office of Emergency Communications, or its successor, aligning the update with standards established in the national emergency communications plan by the federal office;

     (9)  Coordinate statewide interoperability activities among state and county agencies, and, as appropriate, federal agencies;

    (10)  Advise the governor, the chief information officer, and the legislature on the implementation of the interoperability plan;

    (11)  Submit a report to the legislature no later than twenty days prior to the convening of each regular session on the status of the interoperability plan and the activities of the board; and

    (12)  Adopt rules necessary to carry out the board's duties and powers; provided that chapter 91 shall not apply to rules of the board.

     §128A-     Statewide interoperability coordinator.  (a)  There shall be a statewide interoperability coordinator to serve as the central coordination point for the Hawaii statewide communication interoperability plan and, through coordination and collaboration with agencies and entities in the homeland security and emergency response communities, the implementation of the interoperability plan.

     (b)  The statewide interoperability coordinator shall have the following duties:

     (1)  Assist the state interoperability executive board in coordinating and collaborating with state and county responders and public safety communications providers in conducting and submitting annual updates to the statewide communications interoperability plan and other communications related documents;

     (2)  Ensure that the state and county interoperability plans align with and support local and national communications strategies;

     (3)  Identify funding opportunities for planned interoperability improvements and coordinate efforts to acquire funding;

     (4)  Engage stakeholders in coordinating and developing strategic interoperability plans;

     (5)  Serve as a member of the National Council of Statewide Interoperability Coordinators;

     (6)  Represent the State and the state interoperability executive council in local, regional, and national efforts to plan and implement changes required to ensure communications operability, interoperability, and continuity of communications for emergency responders in Hawaii;

     (7)  Perform an analysis of the current status of communications resources, where they exist, the responsible agency or entity, and policies and procedures currently in place and provide the information to the board for development of a state and county public safety interoperable communications strategy;

     (8)  If the statewide interoperability coordinator is not the first responder network authority state point of contact, the statewide interoperability coordinator shall coordinate with the State's point of contact for all activities related to the nationwide public safety broadband network, also referred to as FirstNet;

     (9)  Review and approve homeland security grant applications, in coordination with the homeland security administrator, wherein public safety communications equipment is requested, pursuant to grant guidance; and

    (10)  Perform other duties as necessary and as required by the adjutant general.

     §128A-     Statewide interoperable public safety communications trust fund.  (a)  There is created in the state treasury the statewide interoperable public safety communications trust fund, hereinafter referred to as the "fund" into which shall be deposited all money received through appropriations, grants, fees, charges, and any surcharges as required by law.

     (b)  The fund shall be administered by the department of defense.  The department shall maintain accounting records of fund moneys, including subsidiary records of individual deposits and disbursements thereof as may be necessary.  Money in the fund may be separated into subsidiary accounts; provided that one subsidiary account shall not be commingled with money from another account.

     (c)  Disbursements from the fund shall be used by the state interoperability executive board for the following purposes:

     (1)  Expenses arising in connection with the state interoperability executive board for meetings;

     (2)  Travel and other reasonable and necessary expenses incurred by members in carrying out their duties relating to the board; and

     (3)  Payment of supplemental sums to state and county public safety agencies for communications equipment, projects, infrastructure, and training consistent with, in accordance with, and in furtherance of, the goals, objectives, and plans of the board.

     (d)  The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session on the transactions, by subsidiary account, that took place in the fund in the prior fiscal year."

     SECTION 3.  Chapter 103D, Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

     "§103D-     Public safety procurements; approval of statewide interoperability coordinator required.  Notwithstanding any of the provisions of this chapter, all procurement for construction, goods, services, and professional services relating to the construction, establishment, development, maintenance, use, or support of public safety communications infrastructure, equipment, and systems shall require the approval of the statewide interoperability coordinator in accordance with, and in furtherance of, the goals, objectives, and plans of the state interoperability executive board."

     SECTION 4.  Section 291-2, Hawaii Revised Statutes, is amended to read as follows:

     "§291-2  Reckless driving of vehicle or riding of animals; penalty.  Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate, and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both[.], and shall be subject to a surcharge of $500; provided that the surcharge shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 5.  Section 291-3.1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person violating this section shall be fined not more than $2,000 or imprisoned not more than thirty days, or both[.], and shall be subject to a surcharge of $1,000; provided that the surcharge shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 6.  Section 291-3.2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person violating this section shall be guilty of a petty misdemeanor[.] and shall be subject to a surcharge of $250; provided that the surcharge shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 7.  Section 291-3.3, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Any person violating this section shall be guilty of a violation[.] and shall be subject to a surcharge of $100; provided that the surcharge shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 8.  Section 291-4.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any person convicted of violating this section shall be sentenced as follows:

     (1)  For a first offense, or any offense not preceded within a five-year period by a conviction under this section:

         (A)  A term of imprisonment at least three consecutive days but not more than thirty days;

         (B)  A fine not less than $250 but not more than $1,000; [and]

         (C)  A surcharge of $250 which shall be deposited into the statewide interoperable public safety communications trust fund; and

     [(C)] (D) License suspension or denial shall continue until written authorization of compliance is issued by the child support enforcement agency, the office of child support hearings, or the family court; and

     (2)  For an offense which occurs within five years of a prior conviction under this section:

         (A)  Thirty days' imprisonment;

         (B)  A fine of $1,000; [and]

         (C)  A surcharge of $1,000 which shall be deposited into the statewide interoperable public safety communications trust fund; and

     [(C)] (D) License suspension or denial shall continue until written authorization of compliance pursuant to section 576D-13 [[]is[]] issued by the child support enforcement agency, the office of child support hearings, or the family court."

     SECTION 9.  Section 291-10, Hawaii Revised Statutes, is amended to read as follows:

     "§291-10  Penalty.  Any person violating any of the provisions of sections 291-8 and 291-9 shall be fined not less than $5 nor more than $150[.] and shall be subject to a surcharge of $100; provided that the surcharge shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 10.  Section 291-11, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  A motorcycle or motor scooter driver who violates this section shall be fined not more than $200[.] and shall be subject to a surcharge of $100; provided that the surcharge shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 11.  Section 291-11.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Violation of this section shall be considered an offense as defined under section 701-107(5) and shall subject the violator to the following penalties:

     (1)  For a first conviction, the person shall:

         (A)  Be fined not more than $100;

         (B)  Be required by the court to attend a child passenger restraint system safety class conducted by the division of driver education; provided that:

              (i)  The class may include video conferences as determined by the administrator of the division of driver education as an alternative method of education; and

             (ii)  The class shall not exceed four hours;

         (C)  Pay a $50 driver education assessment as provided in section 286G-3;

         (D)  Pay a $10 surcharge to be deposited into the neurotrauma special fund; [and]

         (E)  Pay up to a $10 surcharge to be deposited into the trauma system special fund if the court so orders; and

         (F)  Pay a surcharge of $50 to be deposited into the statewide interoperable public safety communications trust fund;

     (2)  For a conviction of a second offense committed within three years of any other conviction under this section, the person shall:

         (A)  Be fined not less than $100 but not more than $200;

         (B)  Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length conducted by the division of driver education if the person has not previously attended such a class;

         (C)  Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class conducted by the division of driver education;

         (D)  Pay a $10 surcharge to be deposited into the neurotrauma special fund; [and]

         (E)  Pay up to a $10 surcharge to be deposited into the trauma system special fund if the court so orders; and

         (F)  Pay a surcharge of $100 to be deposited into the statewide interoperable public safety communications trust fund;

     (3)  For a conviction of a third or subsequent offense committed within three years of any other conviction under this section, the person shall:

         (A)  Be fined not less than $200 but not more than $500;

         (B)  Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length conducted by the division of driver education if the person has not previously attended such a class;

         (C)  Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class conducted by the division of driver education;

         (D)  Pay a $10 surcharge to be deposited into the neurotrauma special fund; [and]

         (E)  Pay up to a $10 surcharge to be deposited into the trauma system special fund if the court so orders[.]; and

         (F)  Pay a surcharge of $200 to be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 12.  Section 291-11.6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  A person who fails to comply with the requirements of this section [shall]:

     (1)  Shall be subject to a fine of $45 for each violation[,];

     (2)  Shall be subject to a surcharge of $10 which shall be deposited into the statewide interoperable public safety communications trust fund;

     (3)  Shall be subject to a surcharge of $10 which shall be deposited into the neurotrauma special fund[, and may]; and

     (4)  May be subject to a surcharge of up to $10 which shall be deposited into the trauma system special fund."

     SECTION 13.  Section 291-12, Hawaii Revised Statutes, is amended to read as follows:

     "§291-12  Inattention to driving.  Whoever operates any vehicle negligently as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than $500 or imprisoned not more than thirty days, or both, and may be subject to a surcharge of up to $100, which shall be deposited into the trauma system special fund[.] and shall be subject to a surcharge of $100 which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 14.  Section 291-14, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Any person who violates this section shall be subject to a fine of $25 for each violation[;] and a surcharge of $25 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund; provided that any person who violates subsection (c) shall be subject to a fine of $50 for each separate violation[.] and a surcharge of $50 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 15.  Section 291-17, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Any person who is convicted of violating subsection (a) shall be fined not more than $2,750 in addition to the driving disqualification of section 286-240(e)[.] and a surcharge of $1,000 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 16.  Section 291C-12, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-12  Accidents involving death or serious bodily injury.  (a)  The driver of any vehicle involved in an accident resulting in serious bodily injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 291C-14.  Every such stop shall be made without obstructing traffic more than is necessary.

     (b)  Any person who violates subsection (a) shall be guilty of a class B felony.

     (c)  The license or permit to drive and any nonresident operating privilege of the person so convicted shall be revoked.

     (d)  For any violation under this section, a surcharge of $500 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

     (e)  For any violation under this section, a surcharge of up to $500 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund.

     (f)  For any violation under this section, a surcharge of $500 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 17.  Section 291C-12.5, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-12.5  Accidents involving substantial bodily injury.  (a)  The driver of any vehicle involved in an accident resulting in substantial bodily injury to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 291C-14.  Every such stop shall be made without obstructing traffic more than is necessary.

     (b)  Any person who violates subsection (a) shall be guilty of a class C felony.

     (c)  For any violation under this section, a surcharge of $250 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

     (d)  For any violation under this section, a surcharge of up to $250 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund.

     (e)  For any violation under this section, a surcharge of $250 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 18.  Section 291C-12.6, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-12.6  Accidents involving bodily injury.  (a)  The driver of any vehicle involved in an accident resulting in bodily injury to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 291C-14.  Every such stop shall be made without obstructing traffic more than is necessary.

     (b)  Any person who violates subsection (a) shall be guilty of a misdemeanor.

     (c)  For any violation under this section, a surcharge of $100 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

     (d)  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund.

     (e)  For any violation under this section, a surcharge of $100 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 19.  Section 291C-13, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-13  Accidents involving damage to vehicle or property.  The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property that is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or as close thereto as possible, but shall forthwith return to, and in every event shall remain at, the scene of the accident until the driver has fulfilled the requirements of section 291C-14.  Every such stop shall be made without obstructing traffic more than is necessary.  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund.  For any violation under this section, a surcharge of $100 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 20.  Section 291C-14, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-14  Duty to give information and render aid.  (a)  The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give the driver's name, address, and the registration number of the vehicle the driver is driving, and shall upon request and if available exhibit the driver's license or permit to drive to any person injured in the accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident and shall give such information and upon request exhibit such license or permit to any police officer at the scene of the accident or who is investigating the accident and shall render to any person injured in the accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person; provided that if the vehicle involved in the accident is a bicycle, the driver of the bicycle need not exhibit a license or permit to drive.

     (b)  In the event that none of the persons specified is in condition to receive the information to which they otherwise would be entitled under subsection (a), and no police officer is present, the driver of any vehicle involved in the accident after fulfilling all other requirements of section 291C-12, 291C-12.5, or 291C-12.6, and subsection (a) of this section, insofar as possible on the driver's part to be performed, shall forthwith report the accident to the nearest police officer and submit thereto the information specified in subsection (a).

     (c)  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund.

     (d)  For any violation under this section, a surcharge of $100 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 21.  Section 291C-15, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-15  Duty upon striking unattended vehicle or other property.  The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to the other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver's name, address, and the registration number of the vehicle the driver is driving or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving the driver's name, address, and the registration number of the vehicle the driver is driving and shall without unnecessary delay notify the nearest police office.  Every such stop shall be made without obstructing traffic more than is necessary.  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund.  For any violation under this section, a surcharge of $100 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 22.  Section 291C-16, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-16  Immediate notice of accident.  (a)  The driver of a vehicle involved in an accident resulting in injury or death of any person or total damage to all property to an apparent extent of $3,000 or more shall immediately by the quickest means of communication give notice of the accident to the nearest police office.  If sent to the site of the accident, a responding police officer shall file a written report if it appears at the time that the accident has resulted in the injury or death of any person, or total damage to all property to an apparent extent of $3,000 or more.

     (b)  Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection (a) and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.

     (c)  For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund.

     (d)  For any violation under this section, a surcharge of $100 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 23.  Section 291C-72, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Every person who violates this section shall be subject to the following penalties:

     (1)  For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of $150[;] and a surcharge of $150 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund;

     (2)  For an infraction that occurs within one year of a prior violation of this section, a fine of $300 [and], revocation of the person's driver's license and privilege to operate a vehicle for a period of ninety days[;], and a surcharge of $300 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund; and

     (3)  For an infraction that occurs within two years of two prior violations of this section, and for the fourth and each additional infraction of this section, regardless of when committed, a fine of $1,000, [and] revocation of the person's driver's license and privilege to operate a vehicle for a period of one hundred eighty days[.], and a surcharge of $1,000 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 24.  Section 291C-73, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Every person who violates this section shall be fined $100[.] and a surcharge of $100 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 25.  Section 291C-95, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

     "(h)  Any person who violates this section shall be fined not more than $500 or sentenced to perform community service, or both[.] and a surcharge of $500 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 26.  Section 291C-102, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-102  Noncompliance with speed limit prohibited.  (a)  A person violates this section if the person drives:

     (1)  A motor vehicle at a speed greater than the maximum speed limit other than provided in section 291C‑105; or

     (2)  A motor vehicle at a speed less than the minimum speed limit,

where the maximum or minimum speed limit is established by county ordinance or by official signs placed by the director of transportation on highways under the director's jurisdiction.

     (b)  If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

     (c)  For any violation under this section, a surcharge of $10 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 27.  Section 291C-103, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-103  Racing on highways.  (a)  Except as provided in section 291C-149, no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test, or exhibition prohibited by this section.

     (b)  "Drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

     (c)  "Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

     (d)  "Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires which is done to intentionally draw the attention of persons present toward the vehicle.

     (e)  Any person who violates this section, except subsection (d), shall be fined not more than $500 or imprisoned not more than six months, or both.  Any person who violates subsection (d) shall be fined not more than $500 or be sentenced to perform community service, or both.

     (f)  Any person who violates this section while operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more shall be subject to a fine of not more than $2,000, a term of imprisonment of not more than one year, or both; provided that the following additional penalties shall also apply:

     (1)  For an offense that occurs within five years of a prior conviction, a one-year license suspension;

     (2)  For an offense that occurs within five years of two prior convictions:

         (A)  A three-year license suspension; and

         (B)  A vehicle owned by the defendant and used in the commission of the offense which has been used in at least two prior offenses that resulted in convictions may be ordered by the court to be subject to forfeiture under chapter 712A;

     (3)  For all offenses under this section, a surcharge of up to $100 may be deposited in the trauma system special fund if the court so orders.

     (g)  For any violation under this section, a surcharge of $100 shall be imposed, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 28.  Section 291C-104, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person who violates this section [shall]:

     (1)  Shall be fined $250[, may];

     (2)  Shall be subject to a surcharge of $100, in addition to other penalties, to be deposited into the statewide interoperable public safety communications trust fund;

     (3)  May be [charged with] subject to a surcharge of up to $100 to be deposited into the trauma system special fund[, and, where]; and

     (4)  Where the violation involves speeding in a school zone, shall be [charged with] subject to a surcharge of $25 to be deposited into the safe routes to school program special fund."

     SECTION 29.  Section 291C-115, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any person, entity, or police department violating this section shall be fined $100 for each application of a wheel boot[.] and shall be subject to a surcharge of $100, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 30.  Section 291C-161, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  Except as provided in subsections (c) and (d), every person who is determined to have violated any provision of this chapter for which another penalty is not provided shall be fined:

     (1)  Not more than $200 for a first violation thereof[;] and required to pay a surcharge of $200, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund;

     (2)  Not more than $300 for a second violation committed within one year after the date of the first violation[;] and required to pay a surcharge of $300, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund; and

     (3)  Not more than $500 for a third or subsequent violation committed within one year after the date of the first violation[.] and required to pay a surcharge of $500, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     2.  By amending subsection (d) to read:

     "(d)  Every person who violates section 291C-13 or 291C-18 shall:

     (1)  Be fined not more than $200 or imprisoned not more than ten days for a first conviction thereof[;] and pay a surcharge of $200, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund;

     (2)  Be fined not more than $300 or imprisoned not more than twenty days or both for conviction of a second offense committed within one year after the date of the first offense[;] and pay a surcharge of $300, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund; and

     (3)  Be fined not more than $500 or imprisoned not more than six months or both for conviction of a third or subsequent offense committed within one year after the date of the first offense[.] and pay a surcharge of $500, in addition to other penalties, which shall be deposited into the statewide interoperable public safety communications trust fund."

     SECTION 31.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 32.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 33.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

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Report Title:

DOD; Executive Board; Public Safety Communications

 

Description:

Establishes a statewide interoperability executive board for public safety communications.  Finances the board through surcharges on traffic violations.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.