Report Title:

Highway accidents; Incident management program

Description:

Expedites the cleanup of designated highways after traffic accidents or investigations. Authorizes counties to establish an incident management program to expedite cleanup and reduce traffic delays. Expands the definition of "public record" under the Hawaii Rules of Evidence.

HOUSE OF REPRESENTATIVES

H.B. NO.

2704

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to transportation.

 

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

SECTION 1. To minimize traffic delays, the legislature finds that legislation is needed to:

(1) Authorize county police to rapidly clear obstructions on state and designated county highways;

(2) Encourage a broad range of agencies and contractors to assist with rapid clearance of highway obstructions by limiting liability to damages resulting from reckless or intentional acts or omissions;

(3) Authorize counties to establish and manage, with state assistance, a multi-agency program to minimize traffic delays due to accidents, incidents, and investigations on state and designated county highways;

(4) Authorize the state department of transportation to collect data needed to improve the management of traffic accidents;

(5) Recognize that digital pictures taken by public agencies, which could be used to expedite investigation of traffic accidents, are public records under the Hawaii Rules of Evidence; and

(6) Reform statutes to expedite the removal of the bodies of persons who die in traffic accidents.

SECTION 2. Chapter 264, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . HIGHWAY INCIDENT MANAGEMENT

§264-   Definitions. Whenever used in this part, unless the context otherwise requires:

"Department" means a county police department, any state or county agency that has executed an inter-agency agreement to assist county police with removal of highway obstructions, and any authorized contractor.

"Designated county highway" means a public street, road, or highway, as defined in section 291-1, that is under the jurisdiction of a county and has been designated by ordinance as subject to this section.

"Personal property" means personal property of any kind or character, including a stationary or disabled vehicle and spilled cargo.

"State highway" means a public street, road, or highway, as defined in section 291-1, that is under the jurisdiction of the state department of transportation.

§264- Removal of highway obstructions. (a) Unless otherwise requested by the agency with jurisdiction for the highway, if the department determines that personal property blocks the highway, interferes with traffic, or endangers public health or safety, the department may move or remove personal property that is on or within a state highway or a designated county highway without prior notice to or the consent of the owner, carrier, or any other person.

(b) Notwithstanding chapter 661 or 662 or any other law to the contrary, except for damages that result from gross negligence, or reckless, wilful, wanton, or intentionally wrongful acts or omissions, the department and its officers and employees shall not be liable for any damages arising from the authority granted under this section.

§264-   Incident management program. (a) Each county shall establish and manage a multi-agency program to reduce traffic delays caused by accidents, incidents, and investigations on state highways and on designated county highways. The state departments of transportation and health, county police and transportation departments, other county agencies designated by ordinance, which may include semi-autonomous agencies, and public utilities designated by ordinance shall participate in and assist with county incident management programs.

(b) As appropriate to achieve program objectives, each county incident management program may address, but shall not be limited to:

(1) Collection and evaluation of data;

(2) Participating agency procedures, staffing, training, equipment, and contractors;

(3) Inter-agency agreements; and

(4) Capital improvements that do not increase highway capacity.

Notwithstanding any other law, county incident management programs shall include appropriate measures to minimize the duration of lane closures and traffic delays arising from investigations of negligent homicides and other fatal accidents and incidents, and negligent injuries on state and designated county highways.

(c) Within budgetary restrictions and pursuant to appropriations, the state director of transportation shall make federal and state highway funds available for initiatives to improve management of accidents, incidents, and investigations on state highways."

SECTION 3. Section 286-8, Hawaii Revised Statutes, is amended to read as follows:

"§286-8 Rules [and regulations]. [In order to] To decrease [the] deaths, injuries, damage, [and] losses, and delays resulting from highway traffic accidents, the state director of transportation shall, subject to the requirements of chapter 91, adopt rules [and regulations] dealing with: [identification]

(1) Identification and surveillance of accident locations; [highway]

(2) Data to be reported by agencies and contractors responding to traffic accidents;

(3) Highway design, construction, and maintenance; [traffic]

(4) Traffic control devices; [pedestrian]

(5) Pedestrian safety; [police]

(6) Police traffic services; and [debris]

(7) Debris hazard control and clean up.

Any person conducting construction, maintenance, surveying, or other work on or adjacent to any public street or highway or any street where traffic regulations are imposed by state or county authority who violates the rules [and regulations] governing the use of traffic control devices at such work sites shall, in addition to any other penalty imposed by law, be fined not more than $1,000 or imprisoned not more than one year, or both."

SECTION 4. Section 626-1, Hawaii Revised Statutes, is amended by amending rule 1001 to read as follows:

"Rule 1001 Definitions. For purposes of this article, the following definitions are applicable:

[(1) "Writings and recordings" consist of letters, words, sounds, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.

(2) "Photographs" include still photographs, X-ray films, video tapes, and motion pictures.

(3) An "original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original".

(4) A "duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re- recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.

(5) A "public record" means any writing, memorandum, entry, print, representation, report, book or paper, map or plan, or combination thereof, that is in the custody of any department or agency of government.]

"Duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.

"Original" when referring to a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original".

"Photographs" include still photographs, X-ray films, video tapes, digital pictures, and motion pictures.

"Public record" means any writing or recording, memorandum, entry, print, photograph, representation, report, book or paper, map or plan, or combination thereof, that is in the custody of any department or agency of government.

"Writings and recordings" consist of letters, words, numbers, sounds, patterns of light, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation."

SECTION 5. Section 841-12, Hawaii Revised Statutes, is amended to read as follows:

"§841-12 Removal of corpse. [No] (a) Except as provided in subsection (b), no corpse or remains of any dead human body appearing to have come to death under any of the circumstances set forth in section 841-3[,] shall be moved or disturbed from its place of death or disposed of by any person, including the coroner or the coroner's deputies, the chief of police, or any police officer, without first receiving the authority of the coroner or the coroner's deputy, and of the police officer in charge, and of the coroner's physician. [The] Except as provided in subsection (b), the removal of the body or bodies shall be the duty of the coroner.

(b) Appropriate procedures, training, and inter-agency agreements allowing emergency medical ambulances to expedite removal of bodies and human remains from state and county highways may be provided under county incident management programs.

(c) Any person who violates [the provisions of] this section shall be subject to a fine of not more than $100."

SECTION 6. 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 2004-2005 for the reduction of traffic delays through improved highway incident management.

The sum appropriated shall be expended by the state department of transportation for the purposes of this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

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