HB1448 HD2

SECTION 1. The purpose of this Act is to:

(1) Authorize each county to establish a county highway enforcement program within each county police department to enforce laws prohibiting or restricting the stopping, standing, or parking of vehicles on county highways and provide for parking management-related improvements; and

(2) Impose a county highway enforcement surcharge, in addition to other penalties and fines, for violations of laws prohibiting or restricting the stopping, standing, or parking of vehicles on county highways to be distributed to the police department of the county in which the violation occurred.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- County highway enforcement program; establishment; fund; annual reports. (a) Each county may establish a county highway enforcement program within each county police department for administrative purposes. The purpose of the county highway enforcement program is to enable counties to:

(1) Enforce laws prohibiting or restricting the stopping, standing, or parking of vehicles on county highways under section 291C-111(d); and

(2) Provide for parking management-related improvements.

(b) Each county by ordinance may designate specific sections of county highways subject to violations under section 291C-111(d). Each county shall transmit a copy of the ordinance designating specific sections of county highways subject to violations under section 291C-111(d) to the judiciary by June 30 of each year, beginning in 2023, to ensure that district courts and law enforcement have adequate notice and citation books are prepared for the start of the new calendar year.

(c) Each county may establish a county highway enforcement program fund within the county highway enforcement program into which the county highway enforcement surcharge under section 291C-111(d) and penalties collected under section 291C-171(b) are deposited.

(d) Each county director of finance shall submit an annual report to the legislature and respective county council or city council on the status and progress of the county highway enforcement program, including an update of all moneys deposited into and expended from the county highway enforcement program fund no later than sixty days after the end of the fiscal year."

SECTION 3. Section 291C-111, Hawaii Revised Statutes, is amended to read as follows:

"§291C-111 Noncompliance with stopping, standing, or parking requirements. (a) With respect to highways under their respective jurisdictions, the director of transportation is authorized to and the counties by ordinance may prohibit or restrict the stopping, standing, or parking of vehicles where the stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would interfere unduly with the free movement of traffic; provided that the violation of any law or any ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall constitute a traffic infraction. The counties shall not provide any other penalty, civil or criminal, or any other charge, in the form of rental or otherwise, in place of or in addition to the fine to be imposed by the district court for any violation of any ordinance prohibiting or restricting the stopping, standing, or parking of vehicles.

This section shall not be construed as prohibiting the authority of the director of transportation or the counties to allow the stopping, standing, or parking of motor vehicles at a "T-shaped" intersection on highways under their respective jurisdictions; provided that such stopping, standing, or parking of motor vehicles is not dangerous to those using the highway or where the stopping, standing, or parking of motor vehicles would not unduly interfere with the free movement of traffic.

The appropriate police department and county or prosecuting attorney of the various counties shall enforce any law or ordinance prohibiting or restricting the stopping, standing, or parking of vehicles, including but not limited to the issuance of parking tickets. Any person committing a violation of any law or ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall be subject to a fine to be enforced and collected by the district courts of this State and to be deposited into the state general fund for state use.

(b) The director of transportation, the counties, and owners of private highways, with the consent of the county official responsible for traffic control with respect to highways under their respective jurisdictions shall place signs or curb markings that are clearly visible to an ordinarily observant person prohibiting or restricting the stopping, standing, or parking of vehicles on the highway. Such signs or curb markings shall be official signs and markings and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on such signs or markings.

(c) Any person committing a violation of any law prohibiting or restricting the stopping, standing, or parking of vehicles on state highways shall be charged, in addition to any other applicable penalties and fines, a state highway enforcement program surcharge of $200 to be enforced and collected by the district courts and to be deposited into the state highway fund; provided that fifty per cent of each surcharge collected shall be disbursed to the police department of the county in which the violation occurred.

(d) Any person committing a violation of any law prohibiting or restricting the stopping, standing, or parking of vehicles on county highways shall be charged, in addition to any other applicable penalties and fines, a county highway enforcement surcharge of $ to be enforced and collected by the district courts and to be distributed to the police department of the county in which the violation occurred; provided that each county by ordinance may designate specific sections of county highways subject to violations under this subsection pursuant to section 46- (b)."

SECTION 4. 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[.], with the exception of surcharges distributed to county police departments under section 291C-111(d).

(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[.]; provided that if the penalties are collected for outstanding citations and judgments arising out of violations of section 291C-111(d), the director shall annually remit the counties' share, if any, of the penalty to the respective county police department."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	1448
THIRTY-FIRST LEGISLATURE, 2022		H.D. 2
STATE OF HAWAII