REPORT TITLE:
Red light/Speed Imaging


DESCRIPTION:
Extends length of the three-year photo red light imaging and
photo speed imaging detector demonstration project for two more
years.  Allows the use of photo technology systems to identify
drivers in violation of designated uses of high occupancy vehicle
lanes.  Authorizes the department of transportation to retain and
pay contractors for the project.  Makes other housekeeping
changes.  (HB1759 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                     
                                                        1759
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO TRAFFIC ENFORCEMENT.



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

 1      SECTION 1.  Section 291C-165, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  In every case when a citation is issued, the original
 
 4 of the citation shall be given to the violator; provided that:
 
 5      (1)  In the case of an unattended vehicle, the original of
 
 6           the citation shall be affixed to the vehicle as
 
 7           provided for in section 291C-167; or
 
 8      (2)  In the case of:
 
 9           (A)  A vehicle utilizing the high occupancy vehicle
 
10                lane illegally; or
 
11           (B)  A traffic or other violation on a controlled
 
12                access facility that is recorded through the use
 
13                of a hand-held or mounted video camera,
 
14                conventional camera, or digital camera that
 
15                produces photographic identification of a vehicle,
 
16 the original of the citation [shall] may be sent [by certified or
 
17 registered mail, with a return receipt that is postmarked within
 
18 forty-eight hours of the time of the incident,] within three days
 
19 of the date of the incident by certified mail, registered mail,
 

 
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 1 or first class mail with a certificate of mailing obtained as
 
 2 evidence of service to the registered owner of the vehicle at the
 
 3 address on record at the vehicle licensing division [as provided
 
 4 in section 291C-223.  If the end of the forty-eight-hour period
 
 5 falls on a Saturday, Sunday, or holiday, then the ending period
 
 6 shall run until the end of the next day which is not a Saturday,
 
 7 Sunday, or holiday; provided that the].  The days when the post
 
 8 office is not open to the public shall not be included in the
 
 9 calculation of the three days.  The administrative judge of the
 
10 district courts may allow a [carbon] copy of the citation to be
 
11 given to the violator or affixed to the vehicle and provide for
 
12 the disposition of the original and any other copies of the
 
13 citation."
 
14      SECTION 2.  Section 291C-223, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]§291C-223[]]  Summons or citation for illegal use of
 
17 high occupancy vehicle lane.  Whenever any motor vehicle is
 
18 observed operating in a high occupancy vehicle lane without the
 
19 prescribed number of passengers, the officer observing the
 
20 vehicle shall[:
 
21      (1)  Cause] cause a summons or citation [as described in
 
22           section 291C-165] to be issued at the scene of the
 
23           violation to the operator of the vehicle[;] or
 

 
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 1      [(2) Make every reasonable effort to be seen by the operator
 
 2           of the vehicle and record evidence of the violation by
 
 3           taking any information displayed on the vehicle that
 
 4           may identify its] be sent by mail to the registered
 
 5           owner [and cause a summons or citation] of the vehicle
 
 6           as described in section 291C-165 [to be sent by
 
 7           certified or registered mail, with a return receipt
 
 8           that is postmarked within forty-eight hours of the time
 
 9           of the incident, to the registered owner of the vehicle
 
10           at the address on record at the vehicle licensing
 
11           division.  If the end of the forty-eight hour period
 
12           falls on a Saturday, Sunday, or holiday, then the
 
13           ending period shall run until the end of the next day
 
14           which is not a Saturday, Sunday, or holiday.  Upon
 
15           receipt, the registered owner shall be given fourteen
 
16           days to respond to the summons or citation by:
 
17           (A)  Paying a fine by mail; or
 
18           (B)  Requesting that a hearing be set on the matter.
 
19           A mail receipt signed by the registered owner is prima
 
20           facie evidence of notification]."
 
21      SECTION 3.  Act 234, Session Laws of Hawaii 1998, is amended
 
22 as follows:
 

 
 
 
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 1      1.  By adding two new sections to read:
 
 2      "SECTION 17A.  Police matters.  County police are authorized
 
 3 and encouraged to provide oversight and all police services
 
 4 required for the traffic enforcement demonstration project;
 
 5 provided that to the extent necessary to implement this Act, the
 
 6 powers of police officers for the enforcement of chapter 291C,
 
 7 Hawaii Revised Statutes, are conferred upon the director of
 
 8 transportation and such of the officers, employees, and agents
 
 9 and representatives of the department as may be designated by the
 
10 director to exercise such powers.
 
11      For the purposes of this section, "agents and
 
12 representatives of the department" includes persons performing
 
13 services under contracts with the department pursuant to this
 
14 Act.
 
15      SECTION 17B.  Robocop revolving fund.  (a)  There is
 
16 established a robocop revolving fund to be administered by the
 
17 department of transportation.  Notwithstanding any other law to
 
18 the contrary, the department may expend funds from this revolving
 
19 fund; provided that no expenditure shall be made from and no
 
20 obligation shall be incurred against the revolving fund in excess
 
21 of the amount standing to the credit of the fund.
 
22      (b)  All payments to the State resulting from citations and
 
23 summons authorized under section 10 shall be deposited into the
 

 
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 1 robocop revolving fund; provided that any interest earned shall
 
 2 be deposited into the general fund.
 
 3      (c)  The department shall use the robocop revolving fund to
 
 4 pay contractors and purchase county police oversight and services
 
 5 necessary for implementation of the traffic enforcement
 
 6 demonstration project.
 
 7      (d)  Notwithstanding any other law to the contrary, the
 
 8 department may also use up to twenty per cent of the robocop
 
 9 revolving fund to pay for any nonrecurring state and county
 
10 expenses and any temporary state positions needed to implement
 
11 the traffic enforcement demonstration project and administer the
 
12 revolving fund.
 
13      (e)  The department shall deposit that portion of the
 
14 revolving fund not needed for purposes of this section into the
 
15 general fund."
 
16      2.  By amending section 1 to read:
 
17      "SECTION 1.  The legislature finds that traffic violations
 
18 in Hawaii, especially on the island of Oahu, have become
 
19 intolerable, particularly the offenses of speeding and running
 
20 red lights.  Both of these violations endanger the lives of
 
21 residents and compound the already hazardous conditions for both
 
22 pedestrians and motorists on Hawaii's roads and highways.  News
 
23 items are increasingly common that describe hit-and-run drivers
 

 
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 1 who have run over small children or the elderly, both inside and
 
 2 outside crosswalks, who may not be able to react quickly enough
 
 3 to a racing drunk driver or someone speeding through an
 
 4 intersection after the light has already turned red.
 
 5      The legislature further finds that two recent technological
 
 6 innovations that address the hazards caused by speeding and
 
 7 disregarding red lights have already been in place and
 
 8 demonstrated their reliability and effectiveness in other
 
 9 jurisdictions--namely, photo speed imaging detector and photo red
 
10 light imaging systems.  The legislature finds that these
 
11 innovations--both of which are completely automated--are
 
12 appropriate for Hawaii's increasingly deteriorating traffic
 
13 conditions, and are capable of safely and efficiently diffusing
 
14 dangerous traffic control problems while at the same time freeing
 
15 up police officers to handle more pressing problems.
 
16      The photo speed imaging detector system is a unit that
 
17 mounts in a [sport utility] vehicle or [van] on a pole or bridge
 
18 that detects, photographs, and records information on speeders.
 
19 [A vehicle with the speed detector unit is parked at the roadside
 
20 and monitors the speeds of passing motorists, and is linked to a
 
21 controlled console with a central processor and speed display.]
 
22 When a vehicle exceeding a preset threshold speed enters the beam
 
23 of the unit's speed detector, a high resolution camera
 

 
Page 7                                                     1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 photographs the [front of the] vehicle, capturing the [front]
 
 2 license plate[, while a second camera photographs the rear of the
 
 3 vehicle.  The scene is lit by a powerful strobe flash for] and
 
 4 providing evidentiary quality images.  Tickets are [processed
 
 5 automatically, so there is no need for an officer to make a stop
 
 6 and issue a ticket.  In addition, since the violator's face and
 
 7 license plate are on record, compliance rates are considerably
 
 8 higher than with officer-generated tickets.
 
 9      The legislature finds that a photo speed imaging detector
 
10 system is safe, quick, cost-effective, and efficient.] generated
 
11 and mailed to the registered vehicle owner without need for a
 
12 police officer to stop a speeding vehicle and issue a ticket to
 
13 the driver.  With no stop involved, [the] no police officer is
 
14 [not] at risk from passing traffic or armed violators.  Moreover,
 
15 while a motivated [traffic] police officer may average fifteen or
 
16 twenty speeding tickets per shift, the photo speed imaging
 
17 detector system can [write] generate two speeding tickets per
 
18 second.
 
19      The photo speed imaging detector system [is essentially] can
 
20 be a turnkey operation; all of the equipment, [including a fully-
 
21 outfitted police vehicle, speed detector systems, printer, film
 
22 or image processing,] and all supplies, as well as [officer]
 
23 training, [are] can be provided by a private company.  The
 

 
Page 8                                                     1759
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 1 private company [identifies] can use pictures of license plates
 
 2 to identify vehicle owners, [prints] print and [mails] mail
 
 3 tickets, [monitors] monitor compliance, and [makes] make regular
 
 4 status reports[.  The company also charges] in exchange for a
 
 5 small fee per paid ticket[, while the violator pays for
 
 6 everything else].
 
 7      In addition, only one police officer using the photo speed
 
 8 imaging detector system can be as productive, if only in terms of
 
 9 numbers of traffic tickets issued, as an entire traffic division.
 
10 Officers can be assigned higher priority duties, while the system
 
11 handles speed enforcement.  Finally, these systems have proven
 
12 their reliability for over twenty years in police departments in
 
13 countries around the world.
 
14      The second major innovation is the photo red light imaging
 
15 system.  In this system, a camera is positioned at
 
16 [intersections] an intersection where red light violations are [a
 
17 major cause of collisions.] common.  Rather than placing an
 
18 officer at the intersection full-time, the red light camera
 
19 serves as a twenty-four hour deterrent to running a red light.
 
20 [Sensors are buried under a crosswalk leading] Buried vehicle
 
21 sensors are connected to traffic signals and to a self-contained
 
22 camera system that is mounted on a nearby pole.  When a vehicle
 
23 enters the intersection against a red light, the camera takes a
 

 
Page 9                                                     1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 telephoto color picture of the [rear of the] car as it rolls over
 
 2 the stop bar, capturing the [rear] license plate as evidence.  A
 
 3 second wide-angle photograph takes in the entire intersection,
 
 4 including other traffic.
 
 5      A sign may be posted at the intersection indicating that it
 
 6 is a photo-monitored intersection; however, the camera can be
 
 7 moved to different poles or intersections that are equipped to
 
 8 hold the camera, so that motorists do not know when they are
 
 9 being photographed.  As with the photo speed imaging detector
 
10 system, the private company that supplies the photo red light
 
11 [camera] imaging system also processes [the film,] pictures,
 
12 accesses motor vehicle records, checks the pictures of license
 
13 [plate] plates against registration records, and mails out
 
14 citations.
 
15      The legislature finds that the photo red light imaging
 
16 system, like the photo speed imaging detector system, [also] has
 
17 numerous benefits.  As with the photo speed imaging detector
 
18 system, not only are streets safer after the implementation of
 
19 the system, but police officers are freed from time-consuming
 
20 traffic stops and have more time to make priority calls.  A
 
21 violator is less likely to [go to court,] contest tickets since
 
22 the color photograph of the violation in progress, with
 
23 appropriate information imprinted, can be used as evidence in
 

 
Page 10                                                    1759
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 1 court.  [Imprinted on the photograph are the time, date, and
 
 2 location of the violation; the number of seconds the light had
 
 3 been red before the violator entered the intersection; and the
 
 4 violator's speed.]  Few cases are contested in other
 
 5 jurisdictions using this system, and police officers make fewer
 
 6 court appearances, resulting in cost savings.
 
 7      The legislature realizes that Hawaii's prior conversion to
 
 8 administrative adjudication of traffic offenses has eliminated
 
 9 the need for police officers to testify in most cases.  However,
 
10 to the extent that fewer citations are actually contested, cost
 
11 savings will be realized and contested cases will receive a
 
12 faster hearing.  More importantly, [compliance with traffic laws
 
13 has generally increased in those jurisdictions;] installation of
 
14 this type of system has had an immediate effect on the behavior
 
15 of drivers and has nearly eliminated violations in other
 
16 jurisdictions.
 
17      The legislature finds that the implementation of both photo
 
18 speed imaging detector and photo red light imaging systems will
 
19 result in an increase in driver awareness, leading to a reduction
 
20 in [traffic speeds] speeding and red light violations, and [may
 
21 also result in lower insurance costs for safe drivers with] an
 
22 overall reduction in crashes and injuries.  A reduction in
 
23 crashes and injuries in turn will result in lower costs for auto
 

 
Page 11                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 insurance, workers' compensation, and public assistance.
 
 2 Moreover, [these programs place the cost of the programs on the
 
 3 violators, not the taxpayers.  Traffic] with use of photo speed
 
 4 imaging detector and photo red light imaging systems, traffic
 
 5 laws [are] will be enforced without discrimination, and safety
 
 6 and efficiency [are] will be increased by reducing the number of
 
 7 high-speed chases and the number of personnel required for
 
 8 traffic accident clean-up, investigation, and court testimony.
 
 9      In addition, the legislature finds that there is a need to
 
10 exempt contracts entered into with the private [company]
 
11 companies that [is to] supply the photo speed imaging detector
 
12 and photo red light imaging systems from the civil service,
 
13 compensation, and collective bargaining laws.  In Konno v. County
 
14 of Hawaii, 85 Haw. 61, 937 P.2d 397 (1997), the Hawaii Supreme
 
15 Court adopted the "nature of the services" test, holding that the
 
16 protection of the civil service laws extends to those services
 
17 that have been "customarily and historically" provided by civil
 
18 servants.  Because police officers may be held to be customarily
 
19 and historically responsible for issuing tickets to speeding
 
20 motorists and other functions that may now be contracted out to a
 
21 private entity, there is a need to specifically exempt any such
 
22 contracts from the civil service and compensation laws so that
 
23 those contracts are not voided by Konno.  Although the Konno
 

 
Page 12                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 opinion did not reach the decision whether privatization is
 
 2 subject to mandatory collective bargaining, this Act also exempts
 
 3 contracts entered into with a private entity from collective
 
 4 bargaining laws as well, to ensure that these contracts are not
 
 5 subsequently voided for failure to comply with those laws as a
 
 6 result of a subsequent court interpretation.
 
 7      Finally, the legislature finds that [speeding--whether on a
 
 8 highway or through a red light--frequently causes injury and
 
 9 death.  When] when speeding occurs, [the] accidents [involved]
 
10 are almost always more serious.  Photo speed imaging detector and
 
11 photo red light imaging systems have been proven in many
 
12 locations throughout the United States, Canada, Europe, and
 
13 numerous other countries around the world as deterrents to red
 
14 light traffic violations and speeding and, consequently, injuries
 
15 and death.  The legislature finds that there is an immediate need
 
16 to remedy the steadily worsening traffic conditions in Hawaii,
 
17 and that the implementation of photo speed imaging detector and
 
18 photo red light imaging systems will help to protect the health,
 
19 safety, and welfare of the people of this State, while at the
 
20 same time offering substantial cost savings and increased
 
21 revenues.
 
22      The purpose of this Act is to:
 
23      (1)  Establish a [three-year] demonstration project in
 

 
Page 13                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           selected areas on state or county highways [in each of
 
 2           the counties] to provide for the implementation of
 
 3           photo speed imaging detector and photo red light
 
 4           imaging systems to improve traffic enforcement; and
 
 5      (2)  Allow the [county] department of transportation to
 
 6           contract with [an] appropriate [provider] providers of
 
 7           these systems pursuant to the public procurement laws
 
 8           while:
 
 9           (A)  Exempting such contracts from civil service,
 
10                compensation, and collective bargaining laws;
 
11           (B)  Permitting the contractor to have access to
 
12                information as set forth in this Act; and
 
13           (C)  Allowing the contractor to issue citations or
 
14                summonses by mail."
 
15      3.  By amending section 5 by amending the definitions of
 
16 "photo speed imaging detector" and "photo red light imaging" to
 
17 read:
 
18      ""Photo speed imaging detector" means a device used for
 
19 traffic enforcement consisting substantially of a speed
 
20 [reduction] measurement unit and a video, conventional, or
 
21 digital camera [mounted in or on a vehicle] that automatically
 
22 produces photographic identification of a vehicle traveling in
 
23 excess of the legal speed limit in violation of section 291C-102,
 
24 Hawaii Revised Statutes.
 

 
Page 14                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "Photo red light imaging" means a device used for traffic
 
 2 enforcement consisting substantially of a vehicle sensor
 
 3 installed to work in conjunction with a traffic-control signal
 
 4 and a video, conventional, or digital camera that automatically
 
 5 produces photographic identification of a vehicle which
 
 6 disregards a steady red signal in violation of section 291C-
 
 7 32(a)(3), Hawaii Revised Statutes."
 
 8      4.  By amending section 7 to read:
 
 9      "SECTION 7.  Photo speed imaging detector system.(a)
 
10 Subject to this Act, [each county] the department may establish a
 
11 photo speed imaging detector system imposing monetary liability
 
12 on the registered owner of a motor vehicle for failure to comply
 
13 with speeding laws in accordance with this Act.  [Each county]
 
14 The department, in consultation with county police, may provide
 
15 for the installation and operation of photo speed imaging
 
16 detector systems on no more than twenty-five state or county
 
17 highways at any one time in any county.
 
18      (b)  Proof of a speeding violation shall be evidenced by
 
19 information obtained from the photo speed imaging detector system
 
20 authorized pursuant to this Act.  A certificate, sworn to or
 
21 affirmed by the contractor or the contractor's agent or employee,
 
22 or a facsimile thereof, based upon inspection of photographs,
 
23 microphotographs, videotape, or other recorded images produced by
 

 
Page 15                                                    1759
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 1 the system, shall be prima facie evidence of the facts contained
 
 2 therein.  Any photographs, microphotographs, videotape, or other
 
 3 recorded images, including digitally produced images, evidencing
 
 4 a violation shall be available for inspection in any proceeding
 
 5 to adjudicate the liability for that violation.
 
 6      (c)  A contractor may issue a citation or summons pursuant
 
 7 to section 10 on the basis of a photo speed imaging detector if
 
 8 the following conditions are met:
 
 9      (1)  The photo speed imaging detector equipment is operated
 
10           by a [uniformed] police officer [out of a marked police
 
11           vehicle;] or a contractor who is authorized to operate
 
12           the equipment pursuant to this Act; and
 
13     [(2)  An indication of the speed of the motor vehicle is
 
14           displayed within one hundred fifty feet of the location
 
15           of the photo speed imaging detector unit;
 
16      (3)] (2)  Signs indicating that speeds are enforced by a
 
17           photo speed imaging detector are posted [on all major
 
18           routes entering the area in question,] as far as
 
19           practicable, providing notice to a motorist that a
 
20           photo speed imaging detector may be used[; and
 
21      (4)  The photo speed imaging detector system is used for no
 
22           more than four hours per day in any one location from
 
23           thirty minutes after sunrise to thirty minutes before
 
24           sunset].
 

 
Page 16                                                    1759
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 1 The conditions specified in this subsection shall not apply when
 
 2 the information gathered is used for highway safety research or
 
 3 to issue warning citations not involving a fine, court
 
 4 appearance, or a person's driving record."
 
 5      5.  By amending subsection (a) of section 8 to read:
 
 6      "(a)  Subject to this Act, [each county] the department may
 
 7 establish a photo red light imaging system imposing monetary
 
 8 liability on the operator of a motor vehicle for failure to
 
 9 comply with traffic-control signal laws in accordance with this
 
10 Act.  [Each county] The department, in consultation with county
 
11 police, may provide for the installation and operation of photo
 
12 red light imaging systems at no more than twenty-five
 
13 intersections in any one county at any one time."
 
14      6.  By amending subsections (c) and (d) of section 10 to
 
15 read:
 
16      "(c)  Every citation shall be consecutively numbered and
 
17 each [carbon] copy shall bear the number of its respective
 
18 original.
 
19      (d)  Upon receipt, the registered owner shall respond as
 
20 provided for in chapter 291D, Hawaii Revised Statutes.  [A mail
 
21 receipt signed by the registered owner is prima facie evidence of
 
22 notification.] Service of a citation by certified mail,
 
23 registered mail, or first class mail with a certificate of
 

 
Page 17                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 mailing obtained as evidence of service to the registered owner,
 
 2 at the registered owner's address on record at the vehicle
 
 3 licensing division,  The registered owner shall be determined by
 
 4 the identification of the vehicle's registration plates."
 
 5      7.  By amending subsection (b) of section 16 to read:
 
 6      "(b)  [The request for proposals shall be from a list of
 
 7 applicants prequalified by the department and each county, and
 
 8 shall be applicable to any contract between a county and any
 
 9 contractor entered into under the authority of this Act.
 
10 Standards for prequalification] Qualification of applicants under
 
11 this section shall be determined by the department before the
 
12 commencement of the selection process; provided that any contract
 
13 entered into under this Act, at a minimum, shall be negotiated
 
14 with [the private entity found most qualified.  The contractor
 
15 shall demonstrate that it] a contractor that has the
 
16 qualifications and experience necessary to carry out and expedite
 
17 the terms of the contract and the ability to comply with
 
18 applicable laws and court orders.  [Each contract entered into by
 
19 a county may include any other requirements that the director
 
20 considers necessary and appropriate for carrying out the purposes
 
21 of this Act.]"
 
22      8.  By amending subsections (c) through (e) of section 17 to
 
23 read:
 

 
Page 18                                                    1759
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 1      "(c)  [The] Each contract shall specify such matters as are
 
 2 deemed relevant by the State[, each county,] and the contractor,
 
 3 and shall be approved as to form and content by the attorney
 
 4 general; provided that the contract:
 
 5      (1)  Shall not specify any condition for the issuance of a
 
 6           citation or summons other than as provided by this Act
 
 7           or other applicable state law;
 
 8      (2)  Shall prohibit the contractor, or the contractor's
 
 9           agents or employees, from engaging in any activities
 
10           prescribed for police officers pursuant to chapter 52D
 
11           or section 291C-164, Hawaii Revised Statutes, or any
 
12           other provision of law relating to law enforcement or
 
13           the use of force, except as otherwise provided in this
 
14           Act;
 
15      (3)  Shall specify that personal and confidential
 
16           information used for the [projects] project shall
 
17           become the property of [each county] the State at the
 
18           end of the contract, that all data shall be returned to
 
19           [that county,] the State, and that the contractor may
 
20           use information obtained from the State or [that] a
 
21           county only as is necessary to carry out the provisions
 
22           of the contract and the purposes of this Act;
 

 
 
 
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 1      (4)  Shall make the data accessible to the contractor, as
 
 2           set forth in subsection (b)(7);
 
 3      (5)  Shall provide appropriate security for the data system
 
 4           and equipment; and
 
 5      (6)  Shall specify that motor vehicle registration records
 
 6           obtained pursuant to the contract, and as set forth in
 
 7           sections 286-45 and 286-172, Hawaii Revised Statutes,
 
 8           are personal and confidential information and may be
 
 9           used only for services related to issuance of traffic
 
10           citations and court purposes.
 
11      (d)  No contract shall extend or be renewed beyond May 1,
 
12 2003, unless [a county, with the concurrence of] the director[,]
 
13 determines that the contract offers demonstrable benefits to
 
14 [that county as documented by the county.] the State.
 
15      (e)  [A county,] The director, upon demonstration that a
 
16 breach of contract has occurred and that after the passage of a
 
17 reasonable period of time the breach has not been cured, and
 
18 without penalty to [that] the department or any county, may
 
19 cancel a contract at any time after giving three-months' prior
 
20 written notice."
 
21      9.  By amending subsection (g) of section 17 to read:
 
22      "[(g)](f)  Notwithstanding any other law to the contrary,
 
23 any contracts entered into by [a county] the department with a
 

 
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 1 contractor pursuant to this section shall not be subject to
 
 2 chapters 76, 77, and 89, or section 46-33, Hawaii Revised
 
 3 Statutes."
 
 4      10.  By amending section 29 to read:
 
 5      "SECTION 29.  This Act shall take effect on July 1, 1998;
 
 6 provided that on July 1, [2001,] 2003, this Act shall be repealed
 
 7 and sections 286-45, 286-172(a), and 291C-163(a), Hawaii Revised
 
 8 Statutes, are reenacted in the form in which they read on
 
 9 June 30, 1998."
 
10      SECTION 4.  Act 234, Session Laws of Hawaii 1998, as amended
 
11 by Act 263, Session Laws of Hawaii 1999, is amended as follows:
 
12      1.  By amending section 2 to read:
 
13      "SECTION 2.  Section 286-45, Hawaii Revised Statutes, is
 
14 amended by amending subsection (b) to read as follows:
 
15      "(b)  Any private contractor that has entered into a
 
16 contract with [a county] the department to implement the traffic
 
17 enforcement demonstration project pursuant to section 5 et seq.
 
18 of Act 234, Session Laws of Hawaii 1998, may obtain from [the]
 
19 any county finance director the names and addresses of registered
 
20 motor vehicle owners, which shall be used only as is necessary to
 
21 carry out the provisions of the contract and the purposes of that
 
22 Act and may not otherwise be publicly disclosed.""
 
23      2.  By amending section 3 to read:
 

 
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 1      "SECTION 3.  Section 286-172, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Subject to authorization granted by the chief justice
 
 4 with respect to the traffic records of the violations bureaus of
 
 5 the district courts and of the circuit courts, the director of
 
 6 transportation shall furnish information contained in the
 
 7 statewide traffic records system in response to:
 
 8      (1)  Any request from a state, a political subdivision of a
 
 9           state, or a federal department or agency, or any other
 
10           authorized person pursuant to rules adopted by the
 
11           director of transportation under chapter 91;
 
12      (2)  Any request from a person having a legitimate reason,
 
13           as determined by the director, as provided under the
 
14           rules adopted by the director under paragraph (1), to
 
15           obtain the information for verification of vehicle
 
16           ownership, traffic safety programs, or for research or
 
17           statistical reports;
 
18      (3)  Any request from a person required or authorized by law
 
19           to give written notice by mail to owners of vehicles;
 
20           or
 
21      (4)  Any request from a private contractor that has entered
 
22           into a contract with [a county as may be necessary] the
 
23           department to implement the traffic enforcement
 

 
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 1           demonstration project pursuant to section 5 et seq. of
 
 2           Act 234, Session Laws of Hawaii 1998[.  The private
 
 3           contractor may obtain from the director of
 
 4           transportation the]; provided that names and addresses
 
 5           of registered motor vehicle owners[, which] shall be
 
 6           used only as is necessary to carry out the provisions
 
 7           of the contract and the purposes of that Act and may
 
 8           not otherwise be publicly disclosed.""
 
 9      3.  By amending section 6 to read:
 
10      "SECTION 6.  Traffic enforcement demonstration project.(a)
 
11 Subject to this Act, [each county] the department may establish a
 
12 [three-year] demonstration project in selected areas of [that
 
13 county] the State to provide for the implementation of photo red
 
14 light imaging, photo speed imaging detector, or photo technology
 
15 systems to improve traffic enforcement as provided in this Act.
 
16 The demonstration project shall be limited to state or county
 
17 highways and shall document the effectiveness of these systems.
 
18 The contractor shall provide a public information campaign to
 
19 inform local drivers about the use of these systems before any
 
20 citation or summons is actually issued.
 
21      (b)  Notwithstanding any other law to the contrary, the
 
22 demonstration project may include the use of photo technology
 
23 systems in addition to photo red light imaging or photo speed
 

 
Page 23                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 imaging detector systems, including hand-held or mounted video
 
 2 cameras, conventional cameras, or digital cameras to improve
 
 3 traffic enforcement and reduce traffic congestion, particularly
 
 4 on controlled access facilities on Oahu.  These photo technology
 
 5 systems:
 
 6      (1)  May be operated by either private contractors or county
 
 7           police department personnel at the election of the
 
 8           police chief of each county;
 
 9      (2)  Shall be used only to produce photographic
 
10           identification of vehicles, which are operated in
 
11           violation of [section]:
 
12           (A)  Section 291C-38(c), Hawaii Revised Statutes,
 
13                regarding longitudinal traffic lane markings[.];
 
14                and
 
15           (B)  Section 291C-222(c), Hawaii Revised Statutes,
 
16                regarding designated uses of high occupancy
 
17                vehicle lanes."
 
18      4.  By amending subsections (a) and (b) of section 8A to
 
19 read:
 
20      "(a)  Subject to this Act, [each county] the department may
 
21 establish photo technology systems imposing monetary liability on
 
22 the registered owner of a motor vehicle for failure to comply
 
23 with [section]:
 

 
Page 24                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  Section 291C-38(c), Hawaii Revised Statutes, regarding
 
 2           longitudinal traffic lane markings, in accordance with
 
 3           this Act[.]; and
 
 4      (2)  Section 291C-222(c), Hawaii Revised Statutes, regarding
 
 5           designated uses of high occupancy vehicle lanes, in
 
 6           accordance with this Act.
 
 7 [Each county] The department, in consultation with county police,
 
 8 may provide for the installation and operation of photo
 
 9 technology systems on no more than twenty-five state or county
 
10 highways at any one time in any county; provided that these
 
11 systems shall primarily be used on controlled access facilities
 
12 on Oahu.
 
13      (b)  Proof of a violation of section 291C-38(c)[,] or
 
14 section 291C-222(c), Hawaii Revised Statutes, shall be evidenced
 
15 by information obtained from the photo technology systems
 
16 authorized pursuant to this Act.  A certificate, sworn to or
 
17 affirmed by the contractor or the contractor's agent or employee,
 
18 or a facsimile thereof, based upon inspection of photographs,
 
19 microphotographs, videotape, or other recorded images produced by
 
20 the system, shall be prima facie evidence of the facts contained
 
21 therein.  Any photographs, microphotographs, videotape, or other
 
22 recorded images, including digitally produced images, evidencing
 

 
 
 
Page 25                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 a violation shall be available for inspection in any proceeding
 
 2 to adjudicate the liability for that violation."
 
 3      5.  By amending subsection (a) of section 9 to read:
 
 4      "(a)  Each county [shall designate] may recommend locations
 
 5 on state or county highways in that county that are appropriate
 
 6 for the installation of[:
 
 7      (1)  Photo red light imaging or photo technology systems,
 
 8           with the assistance of the director; and
 
 9      (2)  Photo speed imaging detector systems, without the
 
10           assistance of the director.] photo red light imaging,
 
11           photo speed imaging detector, and photo technology
 
12           systems."
 
13      6.  By amending subsection (a) of section 10 to read:
 
14      "(a)  Notwithstanding any law to the contrary, whenever any
 
15 motor vehicle is determined by means of:
 
16      (1)  The photo red light imaging system to have disregarded
 
17           a steady red signal in violation of section
 
18           291C-32(a)(3), Hawaii Revised Statutes;
 
19      (2)  The photo speed imaging detector system to be in excess
 
20           of the legal speed limit in violation of section
 
21           291C-102, Hawaii Revised Statutes; or
 
22      (3)  The photo technology system to have crossed
 
23           longitudinal traffic lane markings in violation of
 

 
Page 26                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           section 291C-38(c), Hawaii Revised Statutes, or in
 
 2           violation of designated uses of high occupancy vehicle
 
 3           lanes pursuant to section 291C-222(c), Hawaii Revised
 
 4           Statutes,
 
 5 the contractor shall cause a summons or citation as described in
 
 6 this section to be sent [by certified or registered mail, with a
 
 7 return receipt that is postmarked within forty-eight hours of the
 
 8 time of the incident,] within three days of the date of the
 
 9 incident by certified mail, registered mail, or first class mail
 
10 with a certificate of mailing obtained as evidence of service to
 
11 the registered owner of the vehicle at the address on record at
 
12 the vehicle licensing division.  [If the end of the forty-eight
 
13 hour period falls on a Saturday, Sunday, or holiday, then the
 
14 ending period shall run until the end of the next day which is
 
15 not a Saturday, Sunday, or holiday.]  Days when the post office
 
16 is not open to the public shall not be included in calculation of
 
17 the three days."
 
18      7.  By amending section 11 to read:
 
19      "SECTION 11.  Registered owner's responsibility for a
 
20 summons or citation.  In any proceeding for a violation of this
 
21 Act, the information contained in the summons or citation mailed
 
22 in accordance with section 291C-165(b), Hawaii Revised Statutes,
 
23 or section 10 of this Act shall be deemed evidence that the
 

 
Page 27                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 registered vehicle violated section 291C-32(a)(3), 291C-38(c),
 
 2 [or] 291C-102, or 291C-222(c), Hawaii Revised Statutes."
 
 3      8.  By amending subsection (a) of section 12 to read:
 
 4      "(a)  Whenever a citation for violation of chapter 291C,
 
 5 Hawaii Revised Statutes, is issued pursuant to section 291C-165,
 
 6 Hawaii Revised Statutes, or whenever a photo red light imaging
 
 7 system, photo technology system, or photo speed imaging detector
 
 8 system determines a motor vehicle to be in violation of section
 
 9 291C-222(c), 291C-102, 291C-38(c), or 291C-32(a)(3), Hawaii
 
10 Revised Statutes, as applicable, evidence that the motor vehicle
 
11 described in the citations or summons issued pursuant to this Act
 
12 was operated in violation of those sections of the Hawaii Revised
 
13 Statutes, together with proof that the person to whom the summons
 
14 or citation was sent was the registered owner of the motor
 
15 vehicle at the time of the violation, shall constitute prima
 
16 facie evidence that the registered owner of the motor vehicle was
 
17 the person who committed the violation."
 
18      9.  By amending section 15 to read:
 
19      "SECTION 15.  Penalty.  (a)  The penalties for all
 
20 consequences of a violation for speeding initiated by the use of
 
21 a photo speed imaging detector system, for disregarding a steady
 
22 red signal initiated by the use of a photo red light imaging
 
23 system, or for illegally crossing longitudinal traffic lane
 

 
Page 28                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 markings initiated by the use of a photo technology system shall
 
 2 be as provided in section 291C-161, Hawaii Revised Statutes.
 
 3      (b)  The penalties for all consequence of a violation of the
 
 4 use of high occupancy vehicle lanes initiated by the use of a
 
 5 photo technology system shall be provided in section 291C-227,
 
 6 Hawaii Revised Statutes."
 
 7      10.  By amending subsections (a) and (b) of section 17 to
 
 8 read:
 
 9      "(a)  [Each county, with prior approval from the] The
 
10 department, in consultation with county police, may contract with
 
11 one or more contractors to purchase, lease, rent, use, install,
 
12 maintain, and operate photo red light imaging, photo speed
 
13 imaging detector, or photo technology systems as provided in this
 
14 Act.
 
15      (b)  Notwithstanding any other law to the contrary, the
 
16 contractor shall provide the following services and activities to
 
17 implement the photo speed imaging detector, photo red light
 
18 imaging, or photo technology systems:
 
19      (1)  Equipment installation;
 
20      (2)  Data processing, including custom software development
 
21           and integration;
 
22      (3)  Staffing and training of law enforcement personnel and
 

 
 
 
Page 29                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           other persons as necessary to provide for effective
 
 2           traffic enforcement;
 
 3      (4)  [Film delivery, retrieval, and processing;] Required
 
 4           support services for use of video cameras, conventional
 
 5           cameras, or digital cameras;
 
 6      (5)  Image evaluation;
 
 7      (6)  License plate identification and verification;
 
 8      (7)  Review of individual motor vehicle registration
 
 9           records, pursuant to sections 286-45 and 286-172,
 
10           Hawaii Revised Statutes, to obtain access only to the
 
11           registered motor vehicle owner's name and address;
 
12           provided that this data shall only be used as is
 
13           necessary to carry out the provisions of the contract
 
14           and the purposes of this Act and may not otherwise be
 
15           publicly disclosed;
 
16      (8)  Citation generation, processing, and tracking;
 
17      (9)  Data transfer to agency and court;
 
18     (10)  Violation and statistical data collection, analysis,
 
19           and reporting;
 
20     (11)  Twenty-four-hour support services, consulting,
 
21           technical assistance, and Internet access;
 
22     (12)  Community awareness and public relations services; and
 

 
 
 
Page 30                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1     (13)  Any other services, activities, or equipment deemed
 
 2           necessary or desirable by the department [and each
 
 3           county.] or a state court to implement this Act."
 
 4      11.  By repealing subsection (f) of section 17:
 
 5      ["(f)  The department of budget and finance shall create an
 
 6 account and set aside a portion of the revenues received from the
 
 7 fines obtained from citations initiated as a result of the
 
 8 traffic enforcement demonstration project to offset the
 
 9 contractor's costs of operating the photo speed imaging detector,
 
10 photo red light imaging, and photo technology systems."]
 
11      12.  By amending section 23 to read:
 
12      "SECTION 23.  [Report.] Reports.  [Each county] The
 
13 department, in consultation with county police, shall submit
 
14 progress, interim, and final reports to the legislature as
 
15 follows:
 
16      (1)  The [interim] progress report shall document the
 
17           progress made in implementing the demonstration project
 
18           and any contract entered into with a private
 
19           contractor.  The [interim] progress report shall be
 
20           submitted to the legislature no later than twenty days
 
21           before the convening of the regular [sessions of 1999
 
22           and] session of 2000; [and]
 

 
 
 
Page 31                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  The interim report shall present preliminary findings
 
 2           about the effectiveness of the demonstration project
 
 3           and may include any proposed legislation necessary to
 
 4           facilitate mailed traffic citations.  The interim
 
 5           report shall be submitted to the legislature no later
 
 6           than twenty days before the convening of the regular
 
 7           session of 2001; and
 
 8     [(2)] (3)  The final report shall evaluate the effectiveness
 
 9           of the demonstration project, and shall include the
 
10           following:
 
11           (A)  The total fine revenue generated by using the
 
12                photo speed imaging detector, photo red light
 
13                imaging, or photo technology systems;
 
14           (B)  The number of citations and summonses issued by
 
15                the photo speed imaging detector, photo red light
 
16                imaging, or photo technology systems;
 
17           (C)  The amount paid to the contractor providing the
 
18                photo speed imaging detector, photo red light
 
19                imaging, or photo technology systems;
 
20           (D)  The effect of the demonstration project on traffic
 
21                safety;
 
22           (E)  The degree of public acceptance of the project;
 
23           (F)  The process of administration of the project;
 

 
Page 32                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (G)  An evaluation of the costs and benefits of the
 
 2                project;
 
 3           (H)  A review of the effectiveness of contracts entered
 
 4                into under this Act and the performance of the
 
 5                contractor;
 
 6           (I)  Recommendations for design or planning changes
 
 7                that might reduce traffic congestion on state or
 
 8                county highways; and
 
 9           (J)  Findings and recommendations as to whether to
 
10                [continue any contract entered into pursuant to
 
11                this Act,] make the project permanent, expand the
 
12                use of cameras and contractors for enforcement of
 
13                traffic laws, or adopt another alternative.
 
14           The final report shall include any proposed
 
15           implementing legislation as may be necessary, and shall
 
16           be submitted to the legislature no later than twenty
 
17           days before the convening of the regular session of
 
18           [2001.] 2002."
 
19      SECTION 5.  There is appropriated out of the moneys
 
20 deposited into the robocop revolving fund the sum of $5,000,000
 
21 or so much thereof as may be necessary for each of the fiscal
 
22 years 2000-2001, 2001-2002, and 2002-2003.
 

 
 
 
Page 33                                                    1759
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      The sum appropriated by this Act shall be expended by the
 
 2 department of transportation for the purposes of this Act.
 
 3      SECTION 6.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 7.  This Act shall take effect upon its approval,
 
 6 except that section 5 shall take effect on July 1, 2000.