REPORT TITLE:
Motor Vehicles


DESCRIPTION:
Assigns fees collected from traffic infraction fines to the
counties in which the infractions are committed and the state
agency which maintains traffic enforcement and safety programs.

 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR VEHICLES.



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

 1      SECTION 1.  Section 291D-9, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§291D-9[]]  Monetary assessments.(a)  A person found
 
 4 to have committed a traffic infraction shall be assessed a
 
 5 monetary assessment not to exceed the maximum fine specified in
 
 6 the statute defining the traffic infraction.
 
 7      (b)  Notwithstanding section 291C-161 or any other law to
 
 8 the contrary, the district court of each circuit shall prescribe
 
 9 a schedule of monetary assessments for all traffic infractions,
 
10 and any additional assessments to be imposed pursuant to
 
11 subsection (c).  The particular assessment to be entered on the
 
12 notice of traffic infraction pursuant to section 291D-5 shall
 
13 correspond to the schedule prescribed by the district court.
 
14 Except after proceedings conducted pursuant to section 291D-8 or
 
15 a trial conducted pursuant to section 291D-13, monetary
 
16 assessments assessed pursuant to this chapter shall not vary from
 
17 the schedule prescribed by the district court having jurisdiction
 
18 over the traffic infraction.
 
19      (c)  In addition to any monetary assessment imposed for a
 

 
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 1 traffic infraction, the court may impose additional assessments
 
 2 for:
 
 3      (1)  Failure to pay a monetary assessment by the scheduled
 
 4           date of payment; or
 
 5      (2)  The cost of service of a penal summons issued pursuant
 
 6           to this chapter.
 
 7      (d)  The court may grant to a person claiming inability to
 
 8 pay, an extension of the period in which the monetary assessment
 
 9 shall be paid or may impose community service in lieu thereof.
 
10 If the assessment is not paid or the community service is not
 
11 performed on or before the date established and the court has not
 
12 extended the time, the court shall take action as provided in
 
13 section 291D-10.
 
14      (e)  Monetary assessments received from unadjudicated
 
15 traffic crimes and infractions shall be distributed to the
 
16 counties in accordance with section 291C-171 and used to fund the
 
17 administration of the state traffic violations bureau, to pay for
 
18 any expenses that result from the adjudication of a traffic crime
 
19 or infraction, such as overtime to law enforcement officers, and
 
20 to fund the continuance of traffic programs."
 
21      SECTION 2.  Section 286-216, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]§286-216[]  Fines, fees and charges.] Disposition of
 

 
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 1 fees and fines.  (a)  All [moneys] fees collected under this part
 
 2 shall be paid into the state highway fund and [shall be] expended
 
 3 for the purpose of this part.
 
 4      (b)  All fines for violations of this part, other than
 
 5 section 286-210, shall be paid into the state highway fund and
 
 6 expended for the purposes of this part.
 
 7      (c)  All fines for violations of section 286-210 shall be
 
 8 distributed between the State and counties in accordance with
 
 9 section 291C-171.  The proceeds retained by the State shall be
 
10 deposited into the state highway fund."
 
11      SECTION 3.  Section 291-37, Hawaii Revised Statutes, is
 
12 amended by amending subsection (a) to read as follows:
 
13      "(a)  Any person guilty of omitting any of the required
 
14 acts, or committing any of the prohibited acts of this chapter,
 
15 or the rules adopted shall be guilty of a violation of this
 
16 chapter and shall be fined not less than $25 nor more than
 
17 $1,800; provided that any person guilty of omitting any of the
 
18 required acts, or committing any of the prohibited acts of
 
19 sections 291-34, 291-35, or 291-36 shall be fined not more than
 
20 $600 and not less than the fine [which is] set forth in the
 
21 following tables:
 

 
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 1                                         The minimum fine for a
 
 2          If the excess weight is:      first violation shall be:
 
 3              100 to  1,500 pounds                 $125
 
 4            1,501 to  2,000 pounds                  130
 
 5            2,001 to  2,500 pounds                  140
 
 6            2,501 to  3,000 pounds                  160
 
 7            3,001 to  3,500 pounds                  180
 
 8            3,501 to  4,000 pounds                  200
 
 9            4,001 to  4,500 pounds                  225
 
10            4,501 to  5,000 pounds                  250
 
11            5,001 to  5,500 pounds                  275
 
12            5,501 to  6,000 pounds                  300
 
13            6,001 to  6,500 pounds                  330
 
14            6,501 to  7,000 pounds                  360
 
15            7,001 to  7,500 pounds                  390
 
16            7,501 to  8,000 pounds                  420
 
17            8,001 to  8,500 pounds                  455
 
18            8,501 to  9,000 pounds                  490
 
19            9,001 to  9,500 pounds                  525
 
20            9,501 to 10,000 pounds                  560
 
21            10,001 pounds and over                  580
 
22       If the excess dimension is:      The minimum fine shall be:
 
23                      Up to 5 feet                 $ 25
 

 
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 1     Over 5 feet and up to 10 feet                   50
 
 2    Over 10 feet and up to 15 feet                   75
 
 3                      Over 15 feet                  100
 
 4 For the purpose of the imposition of a fine or penalty herein,
 
 5 evidence of prior offenses shall be admissible.
 
 6      For a second violation within one year of the first, the
 
 7 fine for excess weight shall be not less than twice the fine
 
 8 listed in the excess weight table above and not more than $1,200.
 
 9 For a third or subsequent violation for excess weight previously
 
10 cited under this section within one year, the fine shall not be
 
11 less than triple the fine listed in the excess weight table above
 
12 and not more than $1,800.
 
13      For the purposes of this section "person" means the driver
 
14 of the vehicle unless the driver is an employee in the scope and
 
15 course of employment, in which case "person" means the employer
 
16 of the driver.  In the case of the transportation of a sealed
 
17 container or transportation by flatrack, "person" means:
 
18      (1)  The individual or company the cargo is consigned to; or
 
19      (2)  The individual or company located in the State shipping
 
20           the cargo.
 
21 The consignee or the shipper shall not be cited if the power
 
22 units' drive axle group is overweight and the weight is not more
 
23 than that allowed for a tandem axle with any applicable
 

 
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 1 tolerances.
 
 2      [All penalties] The proceeds of fines imposed and collected
 
 3 for violations of sections 291-33 to 291-36 shall be [paid]
 
 4 distributed between the State and the counties in accordance with
 
 5 section 291C-171.  The proceeds retained by the State shall be
 
 6 deposited into the state highway fund.
 
 7      The department of transportation is authorized to institute
 
 8 a system where the minimum fine, based on the tables in this
 
 9 subsection, may be mailed in when the citation or penalty is not
 
10 to be contested.  This system shall include an ability for the
 
11 owner of the vehicle or combination of vehicles to request the
 
12 operator be held harmless and the citation be transferred to that
 
13 owner of the vehicle or combination of vehicles."
 
14      SECTION 4.  Section 291C-111, Hawaii Revised Statutes, is
 
15 amended by amending subsection (a) to read as follows:
 
16      "(a)  With respect to highways under their respective
 
17 jurisdictions, the director of transportation is authorized to
 
18 and the counties by ordinance may prohibit or restrict the
 
19 stopping, standing, or parking of vehicles where the stopping,
 
20 standing, or parking is dangerous to those using the highway or
 
21 where the stopping, standing, or parking of vehicles would
 
22 interfere unduly with the free movement of traffic; provided that
 
23 the violation of any law or any ordinance, regardless of whether
 

 
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 1 established under this or any other section, prohibiting or
 
 2 restricting the stopping, standing, or parking of vehicles shall
 
 3 constitute a traffic infraction.  The counties shall not provide
 
 4 any other penalty, civil or criminal, or any other charge, in the
 
 5 form of rental or otherwise, in place of or in addition to the
 
 6 fine to be imposed by the district court for any violation of any
 
 7 ordinance prohibiting or restricting the stopping, standing, or
 
 8 parking of vehicles.
 
 9      This section shall not be construed as prohibiting the
 
10 authority of the director of transportation or the counties to
 
11 allow the stopping, standing, or parking of motor vehicles at a
 
12 "T-shaped" intersection on highways under their respective
 
13 jurisdictions; provided that such stopping, standing, or parking
 
14 of motor vehicles is not dangerous to those using the highway or
 
15 where the stopping, standing, or parking of motor vehicles would
 
16 not unduly interfere with the free movement of traffic.
 
17      The appropriate police department and county or prosecuting
 
18 attorney of the various counties shall enforce any law or
 
19 ordinance prohibiting or restricting the stopping, standing, or
 
20 parking of vehicles, including but not limited to the issuance of
 
21 parking tickets.  Any person committing a violation of any law or
 
22 ordinance, regardless of whether established under this or any
 
23 other section, prohibiting or restricting the stopping, standing,
 

 
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 1 or parking of vehicles shall be subject to a fine to be enforced
 
 2 and collected by the district courts of this State [and to be
 
 3 deposited into the state general fund for state use].  The
 
 4 district courts shall transmit all unadjudicated traffic crimes
 
 5 and infractions fine proceeds to the director of finance for
 
 6 distribution to the counties in accordance with section
 
 7 291C-171."
 
 8      SECTION 5.  Section 291C-171, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§291C-171  Disposition of fines and forfeitures.(a)  All
 
11 fines and forfeitures collected upon conviction or upon the
 
12 forfeiture of bail of any person charged with a violation of any
 
13 section or provision of the state traffic laws or county traffic
 
14 ordinances and all assessments collected relating to the
 
15 commission of traffic crimes and infractions shall be paid to the
 
16 director of finance of the State.
 
17      (b)  In addition to any monetary assessment imposed for a
 
18 traffic infraction, the court may impose penalties on all
 
19 outstanding traffic citations and judgments.  The penalties shall
 
20 be established pursuant to rules approved by the supreme court;
 
21 provided that the amounts of the penalties shall be based upon a
 
22 graduated scale that increases in proportion to the length of the
 
23 delinquency.  Any interest penalty imposed as provided in this
 

 
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 1 section may be waived by the court for good cause.  All penalties
 
 2 collected for such outstanding citations and judgments shall be
 
 3 paid to the director of finance of the State.
 
 4      (c)  The director of finance shall distribute all fine
 
 5 proceeds from unadjudicated traffic crimes and infractions that
 
 6 occurred in each county to each county in which the traffic crime
 
 7 or infraction was issued.
 
 8      (d)  For purposes of this section:
 
 9      "County highway" means a highway or street, including the
 
10 sidewalk portion, which is owned or controlled by a county.
 
11      "County traffic ordinance" means an ordinance regulating:
 
12      (1)  The operation, stopping, standing, or parking of a
 
13           vehicle on a county highway or other county property;
 
14      (2)  The equipment, weight, or size of a vehicle operating
 
15           on a county highway;
 
16      (3)  The travel of a pedestrian, skater, or skateboarder on
 
17           a county highway; or
 
18      (4)  The conduct of a person in a county off-street parking
 
19           lot.
 
20      "State traffic law" means this chapter, chapter 286, and
 
21 chapter 291."
 
22      SECTION 6.  Section 706-643, Hawaii Revised Statutes, is
 
23 amended by amending subsection (2) to read as follows:
 

 
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 1      "(2)  All fines and other final payments received by a clerk
 
 2 or other officer of a court shall be accounted for, with the
 
 3 names of persons making payment, and the amount and date thereof,
 
 4 being recorded.  All such funds shall be deposited with the
 
 5 director of finance to the credit of the general fund of the
 
 6 State[.  With]; except that:
 
 7      (a)  With respect to fines and bail forfeitures which are
 
 8           proceeds of the wildlife revolving fund under section
 
 9           183D-10.5, the director of finance shall transmit the
 
10           fines and forfeitures to that fund[.]; and 
 
11      (b)  With respect to fines from unadjudicated traffic crimes
 
12           and infractions of state traffic laws and county
 
13           traffic ordinances, the proceeds shall be distributed
 
14           to the counties in accordance with section 291C-171."
 
15      SECTION 7.  This Act does not affect rights and duties that
 
16 matured, penalties that were incurred, and proceedings that were
 
17 begun, before its effective date.
 
18      SECTION 8.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 9.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:  _______________________
 

 
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