Report Title:

State Transportation Police; Department of Transportation

Description:

Establishes a state transportation police unit within the department of transportation with jurisdiction over state harbors, highways, and airports.

THE SENATE

S.B. NO.

2037

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO STATE TRANSPORTATION POLICE.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

STATE TRANSPORTATION POLICE

§ -1 Purpose. Hawaii is lacking in a statewide entity having law enforcement authority over highways, airports, and harbors. The state department of transportation has jurisdiction over highways, airports, and harbors, including some enforcement authority in varying amounts as to highways, airports, or harbors, which is shared with other law enforcement agencies of the counties and the federal government.

The purpose of this chapter is to create a state transportation police to enhance statewide transportation law enforcement activities.

§ -2 State transportation police established; powers. (a) There is established a state transportation police division in the department of transportation. The state transportation police shall have jurisdiction and authority for law enforcement over the State's highways, airports, and harbors.

(b) The state transportation police shall exercise all powers, privileges, and authority necessary to enforce the laws of the State pertaining to highways, airports, and harbors; provided that the state transportation police shall not usurp, supercede, or replace the law enforcement jurisdiction of the county police departments or the federal government. The state transportation police and county police departments shall cooperate and share information in law enforcement activities over highways, airports, and harbors.

§ -3 Authority of state transportation police. (a) A state transportation police enforcement officer shall be known as a "transportation police officer", who shall:

(1) Enforce chapter 291C to the same extent as county police departments; provided that jurisdiction shall be concurrent with the county police; and

(2) Enforce laws and rules relating to airports and harbors, concurrently with county police and federal law enforcement officers.

(b) Any citation, warrant, or summons issued by a transportation police officer shall have the same force and effect of law as a citation, warrant, or summons issued by a county police officer.

§ -4 Appointment of transportation police officers. The director of transportation shall appoint and fix the compensation of transportation police officers, including civil service appointments in accordance with civil service rules if deemed appropriate.

§ -5 Badges; uniforms; firearms; emblem; motor vehicles. (a) The director of transportation or authorized representative shall issue uniforms and badges to transportation police officers. A transportation police officer shall have the same privileges of carrying and using a firearm as extended to a county police officer.

(b) The director of transportation shall cause to be created an emblem for the division of transportation police. The emblem shall be placed on badges and on state transportation police vehicles.

(c) A transportation police officer shall have the use of a state vehicle, appropriately marked with the emblem described in subsection (b), for use while in the course of official duties.

(d) The use of uniforms, badges, and vehicles, or facimiles, by persons not employed in the division or not otherwise authorized to wear or use the same, shall be subject to section 710-1016.

§ -6 Rules. The director of transportation shall adopt rules pursuant to chapter 91 as may be necessary for the purposes of this chapter."

SECTION 2. 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 costs of implementing this Act, including but not limited to salaries, rent, and purchases of equipment and uniforms, and purchases or leases of motor vehicles.

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

SECTION 3. This Act shall take effect on July 1, 2004; provided that transportation police officers shall not be required to execute their duties until:

(1) January 1, 2005, for airports and harbors; and

(2) July 1, 2006, for highways.

INTRODUCED BY:

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