Report Title:
Traffic Ombudsman
Description:
Establishes an office of traffic ombudsman.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2713 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the office of traffic ombudsman.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 264, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . OFFICE OF TRAFFIC OMBUDSMAN
§264-A Definitions. As used in this part, unless the context otherwise requires:
"Department" means the state department of transportation.
"Director" means the state director of transportation.
"Motor vehicle" has the same meaning as in section 286-2, except that it specifically includes mopeds.
"Public highway" has the same meaning as in section 264-1.
"State ombudsman" refers to the ombudsman appointed pursuant to section 96-2.
§264-B Office of traffic ombudsman established; appointment, salary, duties. (a) There shall be an office of the traffic ombudsman within the department of transportation, for administrative purposes only. The director may employ and at pleasure dismiss a traffic ombudsman, who shall be exempt from chapter 76, and fix the traffic ombudsman's compensation. The traffic ombudsman shall employ, in accordance with chapter 76, other staff as may be necessary for the performance of the office of the traffic ombudsman's functions. In determining the salary of each employee, the traffic ombudsman shall consult with the department of human resources development and shall follow as closely as possible the recommendations of the department of human resources development; provided that the funds for salaries and support of the office of the traffic ombudsman shall be provided by the state highway fund. The traffic ombudsman and the traffic ombudsman's full-time staff shall be entitled to participate in any employee benefit plan.
(b) The traffic ombudsman shall serve as the public's advocate in all matters affecting the free, speedy, and efficient movement of motor vehicles on any public highway and shall advocate on behalf of members of the public in their dealings with the department, any county agency having transportation responsibilities relating to public highways, and all users of public highway right of ways, including any utility or construction company.
§264-C Jurisdiction. The traffic ombudsman has jurisdiction to investigate any matter relating to the movement of a motor vehicle upon a public highway.
§264-D Procedure. The traffic ombudsman shall establish procedures for receiving and processing inquiries or complaints, conducting investigations, and reporting the traffic ombudsman's findings; provided that the traffic ombudsman may not levy fees for the submission or investigation of complaints.
§264-E Investigation of inquiries, complaints. (a) The traffic ombudsman may investigate any inquiry or complaint that the traffic ombudsman determines to be an appropriate subject for investigation under this part.
(b) The traffic ombudsman may investigate on the traffic ombudsman's own initiative, if the traffic ombudsman reasonably believes that an appropriate subject for investigation under this part exists.
§264-F Notice to complainant and agency or other party. If the traffic ombudsman decides not to investigate, the traffic ombudsman shall inform the complainant of that decision and shall state the reasons.
If the traffic ombudsman decides to investigate, the traffic ombudsman shall notify the complainant of the decision and also shall notify the agency or other party or person of the intention to investigate.
§264-G Investigation procedures. (a) In an investigation, the traffic ombudsman may make inquiries and obtain information as the traffic ombudsman thinks fit and hold private hearings.
(b) The traffic ombudsman is required to maintain secrecy in respect to all matters and the identities of the complainants or witnesses coming before the traffic ombudsman, except so far as disclosures may be necessary to enable the traffic ombudsman to carry out the traffic ombudsman's duties and to support the traffic ombudsman's recommendations.
§264-H Powers. Subject to the privileges that witnesses have in the courts of this State and with the approval of the state ombudsman, the traffic ombudsman may:
(1) Compel at a specified time and place, by a subpoena, the appearance and sworn testimony of any person whom the ombudsman reasonably believes may be able to give information relating to a matter under investigation; and
(2) Compel any person to produce documents, papers, or objects that the ombudsman reasonably believes may relate to a matter under investigation.
With approval of the state ombudsman, the traffic ombudsman may bring suit in an appropriate state court to enforce these powers.
§264-I Consultation with relevant parties. Before giving any opinion or recommendation that is critical of any relevant agency or other party or person, the traffic ombudsman shall consult with that agency, party, or person.
§264-J Procedure after investigation. If, after investigation, the traffic ombudsman finds that:
(1) A matter should be further considered by an agency, other party, or person;
(2) An administrative or other act should be modified or cancelled;
(3) A statute or rule on which an administrative act is based should be altered;
(4) Reasons should be given for an administrative or other act; or
(5) Any other action should be taken by the agency, other party, or person;
the traffic ombudsman shall report the ombudsman's opinion and recommendations to the state ombudsman and to the agency or other party, or person. The traffic ombudsman may request the agency or other party or person to notify the traffic ombudsman, within a specified time, of any action taken on the traffic ombudsman's recommendations.
§264-K Publication of recommendations. After a reasonable time has elapsed, the traffic ombudsman may present the traffic ombudsman's opinion and recommendations to the governor, the legislature, the director, the state ombudsman, the public, or any of these. The traffic ombudsman shall include with this opinion any reply made by any agency or other party or person.
§264-L Notice to the complainant. After a reasonable time has elapsed, the traffic ombudsman shall notify the complainant of the actions taken by the traffic ombudsman and by the agency or other party or person.
§264-M Misconduct by agency personnel. If the traffic ombudsman has a reasonable basis to believe that there may be a breach of duty or misconduct by any officer or employee of any state or county agency, the traffic ombudsman may refer the matter to the state ombudsman for referral to the appropriate authorities without notice to that person.
§264-N Annual report. The traffic ombudsman shall submit to the director, the legislature, the state ombudsman, and the public an annual report discussing the traffic ombudsman's activities under this part.
§264-O Judicial review, immunity. No proceeding or decision of the traffic ombudsman, acting with the approval of the state ombudsman, may be reviewed in any court, unless it contravenes the provisions of this part. The traffic ombudsman has the same immunities from civil and criminal liability as the state ombudsman when operating with state ombudsman approval under these conditions, and neither the traffic ombudsman nor the traffic ombudsman's staff shall testify in any court with respect to matters coming to their attention in the exercise or purported exercise of their official duties, except as may be necessary to enforce the provisions of this part.
§264-P Penalty for obstruction. A person who wilfully hinders the lawful actions of the traffic ombudsman or the traffic ombudsman's staff, or wilfully refuses to comply with their lawful demands, shall be fined not more than $1,000."
SECTION 2. Section 248-9, Hawaii Revised Statutes, is amended to read as follows:
"§248-9 State highway fund. Moneys in the state highway fund may be expended for the following purposes:
(1) To pay the costs of operation, maintenance, and repair of the state highway system, including without limitation, the cost of equipment and general administrative overhead;
(2) To pay the costs of acquisition (including real property and interests therein), planning, designing, construction and reconstruction of the state highway system, and bikeways, including, without limitation, the cost of equipment and general administrative overhead; [and]
(3) To reimburse the general fund for interest on and principal of general obligation bonds issued to finance highway projects where the bonds are designated to be reimbursable out of the state highway fund[.];
(4) To fund the office of the traffic ombudsman as provided in part of chapter 264.
At any time, the director of transportation may transfer from the state highway fund all or any portion of available moneys determined by the director of transportation to be in excess of one hundred thirty-five per cent of the requirements for the ensuing twelve months for the state highway fund as permitted by and in accordance with section 37-53. For purposes of the determination, the director of transportation shall take into consideration:
(1) The amount of federal funds and bond funds on deposit in, and budgeted to be expended from, the state highway fund during the period;
(2) Amounts on deposit in the state highway fund [which] that are encumbered or otherwise obligated;
(3) Budgeted amounts payable from the state highway fund during the period;
(4) Revenues anticipated to be received by and expenditures to be made from the state highway fund during the period based on existing agreements and other information for the ensuing twelve months; and
(5) Any other factors [as] the director of transportation [shall deem] considers appropriate."
SECTION 3. In codifying the new sections added by section 1 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 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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