Motor Vehicles, Counties

A BILL FOR AN ACT

SECTION 1. Crumbling and padlocked public bathrooms, hiking trails that are washed out, roads that are impassable, parking lots pocked with potholes, warning signs too faded to be read or written only in English, and beaches without lifeguards or emergency telephones, are only some of the complaints about Hawaii's state parks listed by both leaders of tourism industry and environmental groups.

With fifty-two parks on the five major islands, and nearly twenty-five thousand acres of park land throughout the State, the department of land and natural resources, state parks division offers varied outdoor recreation and heritage opportunities that range from landscaped grounds with developed facilities to wildland areas with trails and primitive facilities. The outdoor recreation program offers a diversity of coastal and wildland recreational experiences, including picnicking, camping, lodging, ocean swimming, snorkeling, surfing, sunbathing, beach play, fishing, sightseeing, hiking, pleasure walking, and backpacking. The heritage program protects, preserves, and interprets excellent examples of Hawaii's natural and cultural heritage.

If we want present and future generations of residents and tourists to experience Hawaii's special environment, learn more about its unique history, and participate in outdoor recreational opportunities, we must do more to protect our state parks. Without a dedicated and consistent source of funding to operate and maintain these fragile and irreplaceable resources, our more and more of our state parks will be plagued by the problems listed by both leaders of tourism industry and environmental groups on the island of Kauai.

SECTION 2. Section 291D-9, Hawaii Revised Statutes, is amended to read as follows: "[[]§291D-9[]] Monetary assessments. (a) A person found to have committed a traffic infraction shall be assessed a monetary assessment not to exceed the maximum fine specified in the statute defining the traffic infraction.

(b) Notwithstanding section 291C-161 or any other law to the contrary, the district court of each circuit shall prescribe a schedule of monetary assessments for all traffic infractions, and any additional assessments to be imposed pursuant to subsection (c). The particular assessment to be entered on the notice of traffic infraction pursuant to section 291D-5 shall correspond to the schedule prescribed by the district court. Except after proceedings conducted pursuant to section 291D-8 or a trial conducted pursuant to section 291D-13, monetary assessments assessed pursuant to this chapter shall not vary from the schedule prescribed by the district court having jurisdiction over the traffic infraction.

(c) In addition to any monetary assessment imposed for a traffic infraction, the court may impose additional assessments for:

(d) The court may grant to a person claiming inability to pay, an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu thereof. If the assessment is not paid or the community service is not performed on or before the date established and the court has not extended the time, the court shall take action as provided in section 291D-10.

(e) Monetary assessments and fine proceeds received from adjudicated and unadjudicated traffic infractions involving speeding in residential areas and bail forfeitures involving speeding in residential areas shall be remitted to the director of finance of the State for deposit into the state parks special fund established under section 184-3.4, in accordance with section 291C-171."

SECTION 3. Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:

"§291C-171 Disposition of fines and forfeitures. (a) All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments collected relating to the commission of traffic infractions shall be paid to the director of finance of the State.

(b) In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments. The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency. Any interest penalty imposed as provided in this section may be waived by the court for good cause. All penalties collected for such outstanding citations and judgments shall be paid to the director of finance of the State.

(c) The director of finance of the State shall deposit all fine proceeds from adjudicated and unadjudicated traffic infractions involving speeding in residential areas and any bail forfeitures involving speeding in residential areas into the state parks special fund established under section 184-3.4."

SECTION 4. Section 706-643, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) All fines and other final payments received by a clerk or other officer of a court shall be accounted for, with the names of persons making payment, and the amount and date thereof, being recorded. All such funds shall be deposited with the director of finance to the credit of the general fund of the State[.]; provided that the director of finance shall deposit all fine proceeds from adjudicated and unadjudicated traffic infractions involving speeding in residential areas and any bail forfeitures involving speeding in residential areas into the state parks special fund established under section 184-3.4. With respect to fines and bail forfeitures which are proceeds of the wildlife revolving fund under section 183D-10.5, the director of finance shall transmit the fines and forfeitures to that fund."

All fine proceeds from adjudicated and unadjudicated traffic infractions involving speeding in residential areas and any bail forfeitures involving speeding in residential areas shall be deposited into the special fund, in accordance with sections 291C-171(c), 291D-9(e), and 706-643(2).

All proceeds collected by the state parks programs involving park user fees, any leases or concession agreements, the sale of any article purchased from the department to benefit the state parks programs, or any gifts or contributions, shall be deposited into [this] the special fund; provided that proceeds derived from the operation of Iolani Palace shall be used to supplement [its] the palace's educational and interpretive programs."

SECTION 6. This Act does not affect any traffic fines or bail forfeitures collected before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2001.