REPORT TITLE:
Traffic Infractions


DESCRIPTION:
Amends the laws relating to parks, airports, and harbors to
ensure that traffic infractions committed in those areas are
adjudicated uniformly as provided in chapter 291D, Hawaii Revised
Statutes, relating to the adjudication of traffic infractions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1807
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO TRAFFIC INFRACTIONS.



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

 1      SECTION 1.  The legislature finds that there is a need to
 
 2 ensure that traffic infractions are adjudicated in a uniform
 
 3 manner throughout the State.
 
 4      The law providing for the decriminalization and adjudication
 
 5 of traffic offenses, chapter 291D, Hawaii Revised Statutes, noted
 
 6 a number of reasons for ensuring an expeditious and streamlined
 
 7 system for the judicial processing of traffic infractions,
 
 8 including the following:
 
 9      (1)  Elimination of long and tedious arraignment proceedings
 
10           for a majority of traffic matters;
 
11      (2)  Facilitation and encouragement of the resolution of
 
12           many traffic infractions through the payment of a
 
13           monetary assessment;
 
14      (3)  Speeding the disposition of contested cases through a
 
15           hearing, similar to small claims proceedings, in which
 
16           the rules of evidence will not apply;
 
17      (4)  Dispensing in most cases with the need for witnesses,
 
18           including law enforcement officers, to be present and
 
19           for the participation of the prosecuting attorney;
 

 
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 1      (5)  Allowing judicial, prosecutorial, and law enforcement
 
 2           resources to be used more efficiently and effectively;
 
 3           and
 
 4      (6)  Saving the taxpayers money and reducing their
 
 5           frustration with the judicial system by simplifying the
 
 6           traffic court process.
 
 7      The legislature further found that chapter 291D would not
 
 8 require expansion of the current traffic division of the district
 
 9 courts, but would achieve greater efficiency through more
 
10 effective use of existing resources of the district courts.
 
11      The legislature finds, however, that traffic infractions in
 
12 certain areas of the State -- particularly in state parks,
 
13 harbors, and airports -- are not being administered through the
 
14 chapter 291D adjudication process, but are instead requiring
 
15 violators to appear in court without offering them the option of
 
16 paying a monetary assessment.
 
17      The legislature further finds that the uneven treatment of
 
18 these traffic violations violates both the spirit and language of
 
19 chapter 291D, which requires that chapter to be "applied
 
20 uniformly throughout the State and in all counties" (section
 
21 291D-3(a)).  Moreover, section 291D-5(b) requires the form for
 
22 the notice of traffic infractions to be prescribed by rules of
 

 
 
 
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 1 the district court "which shall be uniform throughout the State",
 
 2 and further specifies in paragraph (2) of that subsection that
 
 3 the notice is to include a statement of the monetary assessment
 
 4 established for the particular traffic infraction to be paid by
 
 5 the driver, "which shall be uniform throughout the State".
 
 6      The problem does not lie in the law providing for the
 
 7 adjudication and decriminalization of traffic infractions,
 
 8 however, but rather in the laws relating to state parks, harbors,
 
 9 and airports, and the fact that officers in those areas are
 
10 enforcing the laws differently.  The department of land and
 
11 natural resources with respect to state parks, and the department
 
12 of transportation with respect to harbors and airports, may adopt
 
13 rules relating to those areas that may be different from the
 
14 requirements of chapter 291D.
 
15      Despite the fact that the rules adopted by those departments
 
16 are superseded by chapter 291D, which provides for the uniform
 
17 application of that statute "throughout the State and in all
 
18 counties", traffic infractions committed in those areas are
 
19 treated in different ways that defeat the purpose of that law by
 
20 increasing administrative inefficiency.  For example, many of
 
21 these agency rules do not facilitate or encourage the resolution
 
22 of traffic infractions through the payment of a monetary
 

 
 
 
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 1 assessment.
 
 2      In addition, the officers enforcing these rules differ by
 
 3 the area covered:  state parks enforcement officers for the
 
 4 department of land and natural resources enforce park rules;
 
 5 department of transportation enforcement officers enforce harbor
 
 6 rules, while sheriffs now enforce airport rules.  The fact that
 
 7 there are different officers in each of these areas enforcing
 
 8 these laws may contribute to the lack of uniformity in the
 
 9 treatment of traffic infractions.
 
10      The treatment of traffic infractions in any manner other
 
11 than as provided in chapter 291D, Hawaii Revised Statutes,
 
12 therefore violates both the letter and spirit of that law, which
 
13 unequivocally requires the adjudication of traffic infractions to
 
14 be treated uniformly throughout Hawaii.
 
15      The purpose of this Act is to amend the laws relating to
 
16 parks, airports, and harbors to ensure that traffic infractions
 
17 that are committed in those areas are adjudicated uniformly as
 
18 provided in chapter 291D, Hawaii Revised Statutes.
 
19                          PART I.  PARKS
 
20      SECTION 2.  Chapter 184, Hawaii Revised Statutes, is amended
 
21 by adding a new section to be appropriately designated and to
 
22 read as follows:
 

 
 
 
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 1      "§184-    Traffic infractions committed in state and county
 
 2 parks.  Notwithstanding any other law to the contrary, all
 
 3 traffic infractions committed in state and county parks shall be
 
 4 adjudicated as provided in chapter 291D.  As used in this
 
 5 section, "traffic infraction" has the same meaning as defined in
 
 6 section 291D-2."
 
 7      SECTION 3.  Section 184-5, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§184-5 Rules and enforcement; penalty.  The department
 
10 may, subject to chapter 91, make, amend, and repeal rules [and
 
11 regulations] having the force and effect of law, governing the
 
12 use and protection of the state park system, including state
 
13 monuments as established under section 6E-31, and including any
 
14 private property over which there has been granted to the State
 
15 any right of free public access or use for recreational, park,
 
16 viewing of any historical, archaeological, natural, or scientific
 
17 feature, object, or site, or related purpose, or property
 
18 thereon, and also governing the use and protection of any
 
19 recreational, scenic, historical, archaeological, natural,
 
20 scientific, and related resources of state and private lands, and
 
21 enforce [such] those rules [and regulations].  Any person who
 
22 violates any of the rules [and regulations] so prescribed shall
 

 
 
 
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 1 be held liable for restoration of or restitution for any damages
 
 2 to public or private property and shall also be subject to the
 
 3 confiscation of any tools and equipment used in [such] that
 
 4 violation and of any plants, objects, or artifacts removed
 
 5 illegally from [such] those properties, and shall be guilty of a
 
 6 petty misdemeanor.  Except as otherwise provided by the
 
 7 department, the more restrictive rules [and regulations] of the
 
 8 department shall apply in any unit of the state park system or
 
 9 any public use area which is also governed by the rules [and
 
10 regulations] of any forest reserve, public hunting ground, or
 
11 other department district or area.
 
12      The department may confer on the director of state parks and
 
13 upon other employees of the division the powers of police
 
14 officers, including the power to serve and execute warrants and
 
15 arrest offenders in all matters relating to the enforcement, in
 
16 any state park, parkway, or state monument, or in any private
 
17 property over which there has been granted to the State any right
 
18 of free public access or use for recreational, park, viewing of
 
19 any historical, archaeological, natural, or scientific feature,
 
20 object, or site, or related purpose of:
 
21      (1)  [the] The laws applicable to the state parks and
 
22           parkways and to historical objects and sites and the
 

 
 
 
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 1           rules [and regulations] adopted under [the provisions
 
 2           of] this section; and
 
 3      (2)  [traffic] Traffic laws and ordinances[.], except as
 
 4           provided in section 184-   .
 
 5 [Such] These police powers shall also extend to the enforcement
 
 6 of the laws of the State and the rules [and regulations] of the
 
 7 department relative to the protection and proper utilization of
 
 8 the recreational, scenic, historical, natural, and
 
 9 archaeological, scientific, and related resources of state and
 
10 private lands.  [Such] This conferring of powers shall include
 
11 the designation of [such] employees as state parks enforcement
 
12 officers."
 
13      SECTION 4.  Section 184-5.1, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "[[]§184-5.1[]]  Arrest.  Except when authorized by law to
 
16 immediately take a person arrested for violation of [the]:
 
17      (1)  The state parks, historical objects and sites, and
 
18           outdoor recreation laws [and regulations; traffic];
 
19      (2)  Traffic laws and ordinances[;], except as provided in
 
20           section 184-   ; and [the]
 
21      (3)  The laws of the State and the rules [and regulations]
 
22           of the department relative to the protection and proper
 

 
 
 
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 1           utilization of the recreational, scenic, historical,
 
 2           natural and archaeological, scientific, and related
 
 3           resources of state and private lands
 
 4 before a magistrate, any state parks enforcement officer upon
 
 5 arresting any person for a violation of [the state parks,
 
 6 historical objects and sites, and outdoor recreation laws and
 
 7 regulations; traffic laws and ordinances; and laws of the State
 
 8 and the rules and regulations of the department relative to the
 
 9 protection and proper utilization of the recreational, scenic,
 
10 historical, natural and archaeological, scientific, and related
 
11 resources of state and private lands] paragraph (1), (2), or (3)
 
12 shall take the name, address, social security number, and other
 
13 pertinent information of the person and shall issue to the person
 
14 a summons and citation, printed in the form hereinafter
 
15 described, mandating warning the person to appear and answer to
 
16 the charge against the person at a certain place and at a time
 
17 within seven days after the arrest."
 
18      SECTION 5.  Section 184-5.2, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[[]§184-5.2[]]  Summons or citations.  There shall be a
 
21 form of summons or citation for use in citing violators of [the]:
 
22      (1)  The state parks, historical objects and sites, and
 

 
 
 
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 1           outdoor recreation laws [and regulations; traffic];
 
 2      (2)  Traffic laws and ordinances[;], except as provided in
 
 3           section 184-   ; and [the]
 
 4      (3)  The laws of the State and the rules [and regulations]
 
 5           of the department relative to the protection and proper
 
 6           utilization of the recreational, scenic, historical,
 
 7           natural and archaeological, scientific, and related
 
 8           resources of state lands and lands within the
 
 9           conservation district
 
10 which do not mandate the physical arrest of the violators.  The
 
11 summons or citation shall be printed in a form commensurate with
 
12 the form of other summons or citations used in modern methods of
 
13 arrest and shall be so designed to include all necessary
 
14 information to make it valid and legal within the laws [and
 
15 regulations] of the State.  The form and content of the summons
 
16 or citations shall be as adopted or prescribed by the district
 
17 courts.
 
18      In every case when a summons or citation is issued the
 
19 original of the same shall be given to the violator; provided
 
20 that the district courts may prescribe the issuance to the
 
21 violator of a carbon copy of the summons or citation and provide
 
22 for the disposition of the original and any other copies.
 

 
 
 
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 1      Every summons or citation shall be consecutively numbered
 
 2 and each carbon copy shall bear the number of its respective
 
 3 original."
 
 4      SECTION 6.  Section 184-5.3, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§184-5.3  Failure to obey summons.  Any person who fails to
 
 7 appear at the place and within the time specified in the summons
 
 8 or citation issued to the person by the state park enforcement
 
 9 officer upon the person's arrest for violation of [the]:
 
10      (1)  The state parks, historical objects and sites, and
 
11           outdoor recreation laws [and regulations, traffic];
 
12      (2)  Traffic laws and ordinances[;], except as provided in
 
13           section 184-   ; and [the]
 
14      (3)  The laws of the State and the rules [and regulations]
 
15           of the department relative to the protection and proper
 
16           utilization of the recreational, scenic, historical,
 
17           natural and archaeological, scientific, and related
 
18           resources of state lands and lands within the
 
19           conservation district,
 
20 shall be guilty of a petty misdemeanor.
 
21      If any person fails to comply with a summons or citation
 
22 issued to the person, or if any person fails or refuses to
 

 
 
 
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 1 deposit bail as required and within the time permitted, the
 
 2 officer shall cause a complaint to be entered against the person
 
 3 and secure the issuance of a warrant for the person's arrest.
 
 4      When a complaint is made to any prosecuting officer of the
 
 5 violation of any state parks, historical objects and sites, and
 
 6 outdoor recreation laws [and regulations], traffic laws and
 
 7 ordinances; and the laws of the State and the rules [and
 
 8 regulations] of the department relative to the protection and
 
 9 proper utilization of the recreational, scenic, historical,
 
10 natural and archaeological, scientific, and related resources of
 
11 state lands and lands within the conservation district, the
 
12 officer who issued the summons or citation shall subscribe to it
 
13 under oath administered by another official or officials of the
 
14 department of land and natural resources whose names have been
 
15 submitted to the prosecuting officer and who have been designated
 
16 by the chairperson of the board of land and natural resources to
 
17 administer the same."
 
18                        PART II.  AIRPORTS
 
19      SECTION 7.  Chapter 261, Hawaii Revised Statutes, is amended
 
20 by adding a new section to be appropriately designated and to
 
21 read as follows:
 
22      "§261-    Traffic infractions committed in state and county
 

 


 

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 1 airports.  Notwithstanding any other law to the contrary, all
 
 2 traffic infractions committed in state and county airports shall
 
 3 be adjudicated as provided in chapter 291D.  As used in this
 
 4 section, "traffic infraction" has the same meaning as defined in
 
 5 section 291D-2."
 
 6      SECTION 8.  Section 261-12, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  Powers to adopt.  The director of transportation may
 
 9 perform such acts, issue and amend such orders, adopt such
 
10 reasonable general or special rules and procedures, and establish
 
11 such minimum standards, consistent with this chapter, as the
 
12 director deems necessary to carry out this chapter and to perform
 
13 the duties assigned thereunder, all commensurate with and for the
 
14 purpose of protecting and insuring the general public interest
 
15 and safety, the safety of persons operating, using, or traveling
 
16 in aircraft, and the safety of persons and property on land or
 
17 water, and developing and promoting aeronautics in the State.  No
 
18 rule of the director shall apply to airports or air navigation
 
19 facilities owned or operated by the United States.
 
20      In furtherance of the duties assigned under this chapter,
 
21 the director may adopt rules relating to:
 
22      (1)  Safety measures, requirements, and practices in or
 

 
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 1           about the airport premises;
 
 2      (2)  The licensing and regulation of persons engaged in
 
 3           commercial activities in or about the airport premises;
 
 4      (3)  The regulation of equipment and motor vehicles operated
 
 5           in or about the airport operational area;
 
 6      (4)  Airport security measures or requirements, and
 
 7           designation of sterile passenger holding areas and
 
 8           operational areas;
 
 9      (5)  The regulation of motor vehicles and traffic[;], except
 
10           as provided in section 261-   ; and
 
11      (6)  Any other matter relating to the health, safety, and
 
12           welfare of the general public and persons operating,
 
13           using, or traveling in aircraft."
 
14      SECTION 9.  Section 261-17.6, Hawaii Revised Statutes, is
 
15 amended by amending subsection (a) to read as follows:
 
16      "(a)  [The] Except as provided in section 261-   , the
 
17 director may enforce airport rules pertaining to vehicle parking
 
18 at airports by imposing fines not to exceed $50 per violation or
 
19 by removing the vehicle of the offender from the area within the
 
20 airport's jurisdiction, or both[; provided that a person
 
21 violating any provision of part III of chapter 291, or any rule
 
22 adopted thereunder, shall be guilty of a traffic infraction under
 

 
 
 
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 1 chapter 291D and shall be fined or otherwise penalized in
 
 2 accordance with part III of chapter 291]."
 
 3      SECTION 10.  Section 261-21, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§261-21  Penalties.(a)  Any person violating this
 
 6 chapter, or any of the rules or orders issued pursuant thereto
 
 7 and relating to: 
 
 8      (1)  Safety  measures, practices, or requirements;
 
 9      (2)  Airport security measures or requirements; or
 
10      (3)  The licensing and regulation of persons engaged in
 
11           commercial activities at public airports,
 
12 duly adopted or served, shall be guilty of a misdemeanor.
 
13      (b)  Except as provided in [subsection (c),] section
 
14 261-   , any person violating any rule relating to motor vehicles
 
15 and traffic control or the operation of any equipment or motor
 
16 vehicle in or on the operational area of the airport shall be
 
17 guilty of an offense as defined under the Penal Code and be fined
 
18 not more than $500.
 
19      [(c)  Any person violating any rule relating to parking of
 
20 motor vehicles or equipment at a public airport shall have
 
21 committed a traffic infraction as set forth in chapter 291D, the
 
22 adjudication of which shall be subject to the provisions
 

 
 
 
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 1 contained therein.]"
 
 2                        PART III.  HARBORS
 
 3      SECTION 11.  Chapter 266, Hawaii Revised Statutes, is
 
 4 amended by adding a new section to be appropriately designated
 
 5 and to read as follows:
 
 6      "§266-    Traffic infractions committed in state and county
 
 7 harbors.  Notwithstanding any other law to the contrary, all
 
 8 traffic infractions committed in state and county harbors shall
 
 9 be adjudicated as provided in chapter 291D.  As used in this
 
10 section, "traffic infraction" has the same meaning as defined in
 
11 section 291D-2."
 
12      SECTION 12.  Section 266-24.1, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§266-24.1  Arrest or citation.  Except as provided in
 
15 section 266-   , and except when required by state law to take
 
16 immediately before a district judge a person arrested for a
 
17 violation of any provision of this part, including any rule [or
 
18 regulation] adopted [and promulgated] pursuant to this part, any
 
19 [person] enforcement officer authorized to enforce [the
 
20 provisions of] this part, [hereinafter referred to as enforcement
 
21 officer,] upon arresting a person for violation of any provision
 
22 of this part, including any rule [or regulation] adopted [and
 

 
 
 
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 1 promulgated] pursuant to this part [shall], in the discretion of
 
 2 the enforcement officer, shall either:
 
 3      (1)  [issue] Issue to the purported violator a summons or
 
 4           citation, printed in the form hereinafter described,
 
 5           warning the purported violator to appear and answer to
 
 6           the charge against the purported violator at a certain
 
 7           place and at a time within seven days after [such] the
 
 8           arrest[,]; or
 
 9      (2)  [take] Take the purported violator without unnecessary
 
10           delay before a district judge.
 
11      The summons or citation shall be printed in a form
 
12 comparable to the form of other summonses and citations used for
 
13 arresting offenders and shall be designed to provide for
 
14 inclusion of all necessary information.  The form and content of
 
15 [such] the summons or citation shall be adopted or prescribed by
 
16 the district courts.
 
17      The original of a summons or citation shall be given to the
 
18 purported violator and the other copy or copies distributed in
 
19 the manner prescribed by the district courts; provided that the
 
20 district courts may prescribe alternative methods of distribution
 
21 for the original and any other copies.
 
22      Summonses and citations shall be consecutively numbered and
 

 
 
 
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 1 the carbon copy or copies of each shall bear the same number.
 
 2      Any person who fails to appear at the place and within the
 
 3 time specified in the summons or citation issued to the person by
 
 4 the enforcement officer, upon the person's arrest for violation
 
 5 of any provision of this part, including any rule [or regulation]
 
 6 [promulgated] adopted pursuant to this part, shall be guilty of a
 
 7 misdemeanor and, on conviction, shall be fined not more than
 
 8 $1,000, or be imprisoned not more than six months, or both.
 
 9      In the event any person fails to comply with a summons or
 
10 citation issued to such person, or if any person fails or refuses
 
11 to deposit bail as required, the enforcement officer shall cause
 
12 a complaint to be entered against such person and secure the
 
13 issuance of a warrant for the person's arrest.
 
14      When a complaint is made to any prosecuting officer of the
 
15 violation of any provision of this part, including any rule [or
 
16 regulation promulgated] adopted thereunder, the enforcement
 
17 officer who issued the summons or citation shall subscribe to it
 
18 under oath administered by another official of the department of
 
19 transportation whose names have been submitted to the prosecuting
 
20 officer and who have been designated by the director of
 
21 transportation to administer the same."
 
22      SECTION 13.  Section 266-25, Hawaii Revised Statutes, is
 

 
 
 
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 1 amended to read as follows:
 
 2      "§266-25  Violation of rules; penalty.  [Any] Except as
 
 3 provided in section 266-   , any person who violates any rule
 
 4 made, adopted, and published by the department of transportation
 
 5 as herein provided, or who violates any lawful command of any
 
 6 harbor master, harbor agent, or harbor district manager, while in
 
 7 the discharge of the person's duty, or who violates this chapter,
 
 8 shall be fined not more than $10,000 for each offense, and any
 
 9 vessel, the agents, owner, or crew of which violate the rules of
 
10 the department or this chapter, shall be fined not more than
 
11 $10,000 for each violation; provided that in addition to or as a
 
12 condition to the suspension of the fines and penalties, the court
 
13 may deprive the offender of the privilege of operating or mooring
 
14 any vessel in state waters for a period of not more than two
 
15 years."
 
16      SECTION 14.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 15.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY: ________________________