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.
(HB1807 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1807
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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 finds 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, harbors,
 
13 and airports--are not being administered through the chapter 291D
 
14 adjudication process, but are instead requiring violators to
 
15 appear in court without offering them the option of paying a
 
16 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
 
23 the district court "which shall be uniform throughout the State",
 

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15 are superseded by chapter 291D, which provides for the uniform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

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

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

 
 
 
 
 
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 1 violation and of any plants, objects, or artifacts removed
 
 2 illegally from [such] those properties, and shall be guilty of a
 
 3 petty misdemeanor.  Except as otherwise provided by the
 
 4 department, the more restrictive rules [and regulations] of the
 
 5 department shall apply in any unit of the state park system or
 
 6 any public use area which is also governed by the rules [and
 
 7 regulations] of any forest reserve, public hunting ground, or
 
 8 other department district or area.
 
 9      The department may confer on the director of state parks and
 
10 upon other employees of the division the powers of police
 
11 officers, including the power to serve and execute warrants and
 
12 arrest offenders in all matters relating to the enforcement, in
 
13 any state park, parkway, or state monument, or in any private
 
14 property over which there has been granted to the State any right
 
15 of free public access or use for recreational, park, viewing of
 
16 any historical, archaeological, natural, or scientific feature,
 
17 object, or site, or related purpose of:
 
18      (1)  [the] The laws applicable to the state parks and
 
19           parkways and to historical objects and sites and the
 
20           rules [and regulations] adopted under [the provisions
 
21           of] this section; and
 
22      (2)  [traffic] Traffic laws and ordinances[.], except as
 
23           provided in section 184-   .
 

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

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

 
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 1           natural and archaeological, scientific, and related
 
 2           resources of state lands and lands within the
 
 3           conservation district
 
 4 which do not mandate the physical arrest of the violators.  The
 
 5 summons or citation shall be printed in a form commensurate with
 
 6 the form of other summons or citations used in modern methods of
 
 7 arrest and shall be so designed to include all necessary
 
 8 information to make it valid and legal within the laws [and
 
 9 regulations] of the State.  The form and content of the summons
 
10 or citations shall be as adopted or prescribed by the district
 
11 courts.
 
12      In every case when a summons or citation is issued the
 
13 original of the same shall be given to the violator; provided
 
14 that the district courts may prescribe the issuance to the
 
15 violator of a carbon copy of the summons or citation and provide
 
16 for the disposition of the original and any other copies.
 
17      Every summons or citation shall be consecutively numbered
 
18 and each carbon copy shall bear the number of its respective
 
19 original."
 
20      SECTION 6.  Section 184-5.3, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§184-5.3  Failure to obey summons.  Any person who fails to
 
23 appear at the place and within the time specified in the summons
 

 
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 1 or citation issued to the person by the state park enforcement
 
 2 officer upon the person's arrest for violation of [the]:
 
 3      (1)  The state parks, historical objects and sites, and
 
 4           outdoor recreation laws [and regulations, traffic];
 
 5      (2)  Traffic laws and ordinances[;], except as provided in
 
 6           section 184-   ; and [the]
 
 7      (3)  The laws of the State and the rules [and regulations]
 
 8           of the department relative to the protection and proper
 
 9           utilization of the recreational, scenic, historical,
 
10           natural and archaeological, scientific, and related
 
11           resources of state lands and lands within the
 
12           conservation district,
 
13 shall be guilty of a petty misdemeanor.
 
14      If any person fails to comply with a summons or citation
 
15 issued to the person, or if any person fails or refuses to
 
16 deposit bail as required and within the time permitted, the
 
17 officer shall cause a complaint to be entered against the person
 
18 and secure the issuance of a warrant for the person's arrest.
 
19      When a complaint is made to any prosecuting officer of the
 
20 violation of any state parks, historical objects and sites, and
 
21 outdoor recreation laws [and regulations], traffic laws and
 
22 ordinances; and the laws of the State and the rules [and
 
23 regulations] of the department relative to the protection and
 

 
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 1 proper utilization of the recreational, scenic, historical,
 
 2 natural and archaeological, scientific, and related resources of
 
 3 state lands and lands within the conservation district, the
 
 4 officer who issued the summons or citation shall subscribe to it
 
 5 under oath administered by another official or officials of the
 
 6 department of land and natural resources whose names have been
 
 7 submitted to the prosecuting officer and who have been designated
 
 8 by the chairperson of the board of land and natural resources to
 
 9 administer the same."
 
10                        PART II.  AIRPORTS
 
11      SECTION 7.  Chapter 261, Hawaii Revised Statutes, is amended
 
12 by adding a new section to be appropriately designated and to
 
13 read as follows:
 
14      "§261-    Traffic infractions committed in state airports.
 
15 Notwithstanding any law to the contrary, all traffic infractions
 
16 committed in state airports shall be adjudicated as provided in
 
17 chapter 291D.
 
18      As used in this section, "traffic infraction" has the same
 
19 meaning as defined in section 291D-2."
 
20      SECTION 8.  Section 261-12, Hawaii Revised Statutes, is
 
21 amended by amending subsection (a) to read as follows:
 
22      "(a)  Powers to adopt.  The director of transportation may
 
23 perform such acts, issue and amend such orders, adopt such
 

 
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 1 reasonable general or special rules and procedures, and establish
 
 2 such minimum standards, consistent with this chapter, as the
 
 3 director deems necessary to carry out this chapter and to perform
 
 4 the duties assigned thereunder, all commensurate with and for the
 
 5 purpose of protecting and insuring the general public interest
 
 6 and safety, the safety of persons operating, using, or traveling
 
 7 in aircraft, and the safety of persons and property on land or
 
 8 water, and developing and promoting aeronautics in the State.  No
 
 9 rule of the director shall apply to airports or air navigation
 
10 facilities owned or operated by the United States.
 
11      In furtherance of the duties assigned under this chapter,
 
12 the director may adopt rules relating to:
 
13      (1)  Safety measures, requirements, and practices in or
 
14           about the airport premises;
 
15      (2)  The licensing and regulation of persons engaged in
 
16           commercial activities in or about the airport premises;
 
17      (3)  The regulation of equipment and motor vehicles operated
 
18           in or about the airport operational area;
 
19      (4)  Airport security measures or requirements, and
 
20           designation of sterile passenger holding areas and
 
21           operational areas;
 
22      (5)  The regulation of motor vehicles and traffic[;], except
 
23           as provided in section 261-   ; and
 

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

 
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 1 duly adopted or served, shall be guilty of a misdemeanor.
 
 2      (b)  Except as provided in [subsection (c),] section
 
 3 261-   , any person violating any rule relating to motor vehicles
 
 4 and traffic control or the operation of any equipment or motor
 
 5 vehicle in or on the operational area of the airport shall be
 
 6 guilty of an offense as defined under the Penal Code and be fined
 
 7 not more than $500.
 
 8      [(c)  Any person violating any rule relating to parking of
 
 9 motor vehicles or equipment at a public airport shall have
 
10 committed a traffic infraction as set forth in chapter 291D, the
 
11 adjudication of which shall be subject to the provisions
 
12 contained therein.]"
 
13                        PART III.  HARBORS
 
14      SECTION 11.  Chapter 266, Hawaii Revised Statutes, is
 
15 amended by adding a new section to be appropriately designated
 
16 and to read as follows:
 
17      "§266-    Traffic infractions committed in state harbors.
 
18 Notwithstanding any law to the contrary, all traffic infractions
 
19 committed in state harbors shall be adjudicated as provided in
 
20 chapter 291D.
 
21      As used in this section, "traffic infraction" has the same
 
22 meaning as defined in section 291D-2."
 

 
 
 
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 1      SECTION 12.  Section 266-24.1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§266-24.1  Arrest or citation.  Except as provided in
 
 4 section 266-   , and except when required by state law to take
 
 5 immediately before a district judge a person arrested for a
 
 6 violation of any provision of this part, including any rule [or
 
 7 regulation] adopted [and promulgated] pursuant to this part, any
 
 8 [person] enforcement officer authorized to enforce [the
 
 9 provisions of] this part, [hereinafter referred to as enforcement
 
10 officer,] upon arresting a person for violation of any provision
 
11 of this part, including any rule [or regulation] adopted [and
 
12 promulgated] pursuant to this part [shall], in the discretion of
 
13 the enforcement officer, shall either:
 
14      (1)  [issue] Issue to the purported violator a summons or
 
15           citation, printed in the form hereinafter described,
 
16           warning the purported violator to appear and answer to
 
17           the charge against the purported violator at a certain
 
18           place and at a time within seven days after [such] the
 
19           arrest[,]; or
 
20      (2)  [take] Take the purported violator without unnecessary
 
21           delay before a district judge.
 
22      The summons or citation shall be printed in a form
 
23 comparable to the form of other summonses and citations used for
 

 
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 1 arresting offenders and shall be designed to provide for
 
 2 inclusion of all necessary information.  The form and content of
 
 3 [such] the summons or citation shall be adopted or prescribed by
 
 4 the district courts.
 
 5      The original of a summons or citation shall be given to the
 
 6 purported violator and the other copy or copies distributed in
 
 7 the manner prescribed by the district courts; provided that the
 
 8 district courts may prescribe alternative methods of distribution
 
 9 for the original and any other copies.
 
10      Summonses and citations shall be consecutively numbered and
 
11 the carbon copy or copies of each shall bear the same number.
 
12      Any person who fails to appear at the place and within the
 
13 time specified in the summons or citation issued to the person by
 
14 the enforcement officer, upon the person's arrest for violation
 
15 of any provision of this part, including any rule [or regulation]
 
16 [promulgated] adopted pursuant to this part, shall be guilty of a
 
17 misdemeanor and, on conviction, shall be fined not more than
 
18 $1,000, or be imprisoned not more than six months, or both.
 
19      In the event any person fails to comply with a summons or
 
20 citation issued to such person, or if any person fails or refuses
 
21 to deposit bail as required, the enforcement officer shall cause
 
22 a complaint to be entered against such person and secure the
 
23 issuance of a warrant for the person's arrest.
 

 
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 1      When a complaint is made to any prosecuting officer of the
 
 2 violation of any provision of this part, including any rule [or
 
 3 regulation promulgated] adopted thereunder, the enforcement
 
 4 officer who issued the summons or citation shall subscribe to it
 
 5 under oath administered by another official of the department of
 
 6 transportation whose names have been submitted to the prosecuting
 
 7 officer and who have been designated by the director of
 
 8 transportation to administer the same."
 
 9      SECTION 13.  Section 266-25, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§266-25  Violation of rules; penalty.  [Any] Except as
 
12 provided in section 266-   , any person who violates any rule
 
13 made, adopted, and published by the department of transportation
 
14 as herein provided, or who violates any lawful command of any
 
15 harbor master, harbor agent, or harbor district manager, while in
 
16 the discharge of the person's duty, or who violates this chapter,
 
17 shall be fined not more than $10,000 for each offense, and any
 
18 vessel, the agents, owner, or crew of which violate the rules of
 
19 the department or this chapter, shall be fined not more than
 
20 $10,000 for each violation; provided that in addition to or as a
 
21 condition to the suspension of the fines and penalties, the court
 
22 may deprive the offender of the privilege of operating or mooring
 
23 any vessel in state waters for a period of not more than two
 
24 years."
 

 
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 1      SECTION 14.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 15.  This Act shall take effect upon its approval.
 
 4