SB1604

THE SENATE	S.B. NO.	1604
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to traffic infractions.

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

SECTION 1. Chapter 291D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . uncontested traffic fines

§291D-A Definitions. For the purposes of this part, unless the context clearly requires otherwise:

"Traffic infraction" means the same as defined under section 291D-2.

"Uncontested traffic infraction" means a traffic infraction for which the person receiving notice under section 291D-5 does not contest the infraction. A person does not contest an infraction if, in accordance with section 291D-6(b)(1), the person admits to the commission of the infraction without requesting a hearing to explain any mitigating circumstances and pays or remits bail forfeiture by mail within thirty days.

§291D-B Transmittal of fines and forfeitures from July 1, 2007, to June 30, 2008. (a) From July 1, 2007, to June 30, 2008, the state director of finance shall transmit to each county, not more than thirty days after the end of each fiscal quarter, fifty per cent of all fines and forfeitures collected for uncontested traffic infractions committed in that county that are in excess of amounts that are required by the State to pay the administrative costs of the traffic violations bureau.

(b) Subsection (a) shall not apply to:

(1) Fines and forfeitures for violations that occur on state off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; or

(2) Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund.

No county shall be entitled to any portion of the fines and forfeitures described under this subsection.

§291D-C Transmittal of fines and forfeitures from July 1, 2008. (a) From July 1, 2008, the state director of finance shall transmit to each county, not more than thirty days after the end of each fiscal quarter, all fines and forfeitures collected for uncontested traffic infractions committed in that county that are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau.

(b) Subsection (a) shall not apply to:

(1) Fines and forfeitures for violations that occur on state off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; or

(2) Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund.

No county shall be entitled to any portion of the fines and forfeitures described under this subsection."

SECTION 2. Section 291C-171, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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.

The judiciary shall identify those uncontested traffic infractions as defined in section 291D-A. The disposition of fines and forfeitures paid to the state director of finance shall be subject to sections 291D-B and 291D-C."

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letter used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________