SB377

SECTION 1. Section 249-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person who manufactures, sells, or distributes vehicle number plates, tags, or emblems of a design and size similar to the currently issued series of number plates, tags, or emblems authorized by the director of finance, or who attaches to and uses on any vehicle plates, tags, or emblems not furnished in accordance with sections 249-1 to 249-13 or 286-53, or who fraudulently uses such number plates, tags, or emblems upon any vehicle other than the one for which the number plates, tags, or emblems were issued, or who molests or disturbs any vehicle which has been seized pursuant to sections 249-1 to 249‑13, or any person who knowingly uses a motor vehicle, the tax upon which is delinquent, upon public highways of this State, or any director of finance who issues a certificate of registration or number plates, tags, or emblems to any person who has not paid the tax required by sections 249-1 to 249-13, or any person who violates any of the provisions of such sections, shall be fined not more than [~~$500.~~] $600."

SECTION 2. Section 261-17.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The director may enforce airport rules pertaining to vehicle parking at airports by imposing fines not to exceed [~~$50~~] $60 per violation or by removing the vehicle of the offender from the area within the airport's jurisdiction, or both; provided that a person violating any provision of part III of chapter 291, or any rule adopted thereunder, shall be guilty of a traffic infraction under chapter 291D and shall be fined or otherwise penalized in accordance with part III of chapter 291."

SECTION 3. Section 261-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Except as provided in subsection (c), any person violating any rule relating to motor vehicles and traffic control or the operation of any equipment or motor vehicle in or on the operational area of the airport shall be guilty of an offense as defined under the Penal Code and be fined not more than [~~$500.~~] $600."

SECTION 4. Section 286-12, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates this section shall be fined [~~$250~~] $300 for each violation."

SECTION 5. Section 286-25, Hawaii Revised Statutes, is amended to read as follows:

"§286-25 Operation of a vehicle or moped without a certificate of inspection. Whoever operates, permits the operation of, causes to be operated, or parks any vehicle or moped on a public highway without a current official certificate of inspection, issued under section 286-26, shall be fined not more than [~~$100.~~] $120."

SECTION 6. Section 286-30, Hawaii Revised Statutes, is amended to read as follows:

"§286-30 False certificates. Any person who makes, issues, or knowingly uses any imitation or counterfeit of an official certificate of inspection, or any person who displays or causes or permits to be displayed upon any vehicle any certificate of inspection knowing the same to be issued for another vehicle or issued without an inspection having been made or issued without authority as provided herein shall be fined not more than [~~$1,000~~] $1,200 or imprisoned not more than thirty days, or both."

SECTION 7. Section 286-136, Hawaii Revised Statutes, is amended to read as follows:

"§286-136 Penalty. (a) Except as provided in subsection (b), any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined not more than $1,000 or imprisoned not more than thirty days, or both. Any person who violates any other section in this part shall be fined not more than [~~$1,000.~~] $1,200.

(b) Any person who is convicted of violating section 286‑102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be subject to a minimum fine of [~~$500~~] $600 and a maximum fine of [~~$1,000,~~] $1,200, or imprisoned not more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period.

(c) Notwithstanding subsections (a) and (b), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of [~~$500.~~] $600."

SECTION 8. Section 286-181, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) Any person operating a school vehicle who fails to comply with any rule adopted pursuant to this section shall be fined not more than [~~$500~~] $600 or imprisoned not more than six months, or both."

SECTION 9. Section 286-202.8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Violation of this section shall be subject to a fine of [~~$50,~~] $60, notwithstanding section 286-206."

SECTION 10. Section 286-210, Hawaii Revised Statutes, is amended to read as follows:

"§286-210 Operation of a motor carrier vehicle without a safety inspection decal. Whoever operates, permits the operation of, causes to be operated, or parks any motor carrier vehicle on a public highway without a current motor carrier vehicle safety inspection decal, issued under section 286-209, shall be fined [~~$100~~] $120 for each day of the violation."

SECTION 11. Section 286-214, Hawaii Revised Statutes, is amended to read as follows:

"[[]§286-214[]] False certificates. Any person who makes, issues, or knowingly uses any imitation or counterfeit of an official certificate of inspection, or any person who displays or causes or permits to be displayed upon any vehicle any certificate of inspection knowing the same to be issued for another vehicle or issued without an inspection having been made or issued without authority as provided herein shall be fined not more than [~~$1,000~~] $1,200 or imprisoned not more than one year, or both."

SECTION 12. Section 286-234, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (c) to read:

"(c) Any employer who violates subsection (a) or (b)(1) or (2) shall for a first conviction be fined not more than [~~$100;~~] $120; for conviction of a second offense committed within one year after the date of the prior conviction, the employer shall be fined not more than [~~$300;~~] $360; for conviction of a third or subsequent offense committed within two years after the date of the second conviction, the employer shall be fined not more than [~~$1,000.~~] $1,200."

2. By amending subsection (e) to read:

"(e) Any employer who is convicted of a violation of subsection (b)(4) shall be subject to a civil penalty of not more than [~~$10,000.~~] $12,000."

SECTION 13. Section 286-249, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read

"(a) Any person who drives a commercial motor vehicle in the State without a valid commercial driver's license or commercial learner's permit, or while the person's driving privileges are suspended, revoked, or canceled, or while disqualified from driving a commercial motor vehicle, shall be:

(1) Disqualified from driving a commercial motor vehicle for a period of not less than one year and up to life;

(2) Fined not less than [~~$500~~] $600 but not more than [~~$1,000;~~] $1,200; and

(3) Imprisoned not more than one year;

provided that the court shall have discretion to impose either a fine or imprisonment, or both."

2. By amending subsections (c) and (d) to read:

"(c) Any person convicted under or found in violation of section 286-242(a) shall be fined not more than [~~$200.~~] $240.

(d) Notwithstanding subsection (a)(2), any person convicted under or found in violation of section 286-242(c) shall be fined not more than [~~$500.~~] $600."

SECTION 14. Section 290-12, Hawaii Revised Statutes, is amended to read as follows:

"§290-12 Leaving abandoned or derelict vehicles. The registered owner of an abandoned vehicle, as defined in section 290-1, or a derelict vehicle, as defined in section 290-8, found on any roadway, alley, street, way, lane, trail, bridge, or highway or other public property or on private property without authorization of the owner or occupant shall be fined not more than [~~$1,000;~~] $1,200; provided that the registered owner shall not be fined if the abandoned or derelict vehicle has been stolen or taken from the registered owner without permission or authorization."

SECTION 15. Section 291-2, Hawaii Revised Statutes, is amended to read as follows:

"§291-2 Reckless driving of vehicle or riding of animals; penalty. Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate, and shall be fined not more than [~~$1,000~~] $1,200 or imprisoned not more than thirty days, or both."

SECTION 16. Section 291-3.1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person violating this section shall be fined not more than [~~$2,000~~] $2,400 or imprisoned not more than thirty days, or both."

SECTION 17. Section 291-3.2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person violating this section shall be guilty of a petty misdemeanor[.] and shall be fined not less than $120 nor more than $600."

SECTION 18. Section 291-3.3, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Any person violating this section shall be guilty of a violation[.] and shall be fined not less than $6 nor more than $180."

SECTION 19. Section 291-4.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any person convicted of violating this section shall be sentenced as follows:

(1) For a first offense, or any offense not preceded within a five-year period by a conviction under this section:

(A) A term of imprisonment at least three consecutive days but not more than thirty days;

(B) A fine not less than [~~$250~~] $300 but not more than [~~$1,000;~~] $1,200; and

(C) License suspension or denial shall continue until written authorization of compliance is issued by the child support enforcement agency, the office of child support hearings, or the family court; and

(2) For an offense which occurs within five years of a prior conviction under this section:

(A) Thirty days' imprisonment;

(B) A fine of [~~$1,000;~~] $1,200; and

(C) License suspension or denial shall continue until written authorization of compliance pursuant to section 576D-13 [[]is[]] issued by the child support enforcement agency, the office of child support hearings, or the family court."

SECTION 20. Section 291-10, Hawaii Revised Statutes, is amended to read as follows:

"§291-10 Penalty. Any person violating any of the provisions of sections 291-8 and 291-9 shall be fined not less than [$5] $6 nor more than [~~$150.~~] $180."

SECTION 21. Section 291-11, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) A motorcycle or motor scooter driver who violates this section shall be fined not more than [~~$200.~~] $240."

SECTION 22. Section 291-11.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Violation of this section shall be considered an offense as defined under section 701-107(5) and shall subject the violator to the following penalties:

(1) For a first conviction, the person shall:

(A) Be fined not more than [~~$100;~~] $120;

(B) Be required by the court to attend a child passenger restraint system safety class conducted by the division of driver education; provided that:

(i) The class may include video conferences as determined by the administrator of the division of driver education as an alternative method of education; and

(ii) The class shall not exceed four hours;

(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund; and

(E) Pay up to a $10 surcharge to be deposited into the trauma system special fund if the court so orders;

(2) For a conviction of a second offense committed within three years of any other conviction under this section, the person shall:

(A) Be fined not less than [~~$100~~] $120 but not more than [~~$200;~~] $240;

(B) Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length conducted by the division of driver education if the person has not previously attended such a class;

(C) Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class conducted by the division of driver education;

(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund; and

(E) Pay up to a $10 surcharge to be deposited into the trauma system special fund if the court so orders;

(3) For a conviction of a third or subsequent offense committed within three years of any other conviction under this section, the person shall:

(A) Be fined not less than [~~$200~~] $240 but not more than [~~$500;~~] $600;

(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund; and

(E) Pay up to a $10 surcharge to be deposited into the trauma system special fund if the court so orders."

SECTION 23. Section 291-11.6, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) A person who fails to comply with the requirements of this section:

(1) Shall be subject to:

(A) A fine of [~~$45~~] $54 for each violation; and

(B) A surcharge of $10 that shall be deposited into the neurotrauma special fund; and

(2) May be subject to a surcharge of up to $10 that shall be deposited into the trauma system special fund."

SECTION 24. Section 291-12, Hawaii Revised Statutes, is amended to read as follows:

"§291-12 Inattention to driving. Whoever operates any vehicle negligently as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than [~~$500~~] $600 or imprisoned not more than thirty days, or both, and may be subject to a surcharge of up to $100, which shall be deposited into the trauma system special fund."

SECTION 25. Section 291-14, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Any person who violates this section shall be subject to a fine of [~~$25~~] $30 for each violation; provided that any person who violates subsection (c) shall be subject to a fine of [~~$50~~] $60 for each separate violation."

SECTION 26. Section 291-17, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Any person who is convicted of violating subsection (a) shall be fined not more than [~~$2,750~~] $3,300 in addition to the driving disqualification of section 286-240(e)."

SECTION 27. Section 291-21.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Any person who violates this section shall be fined:

(1) Not less than [~~$250~~] $300 or more than [~~$500~~] $600 for each separate offense if the person is the owner of the motor vehicle which is in violation; and

(2) Not less than [~~$500~~] $600 nor more than [~~$1,000~~] $1,200 for each separate offense if the person or business entity is the installer of any sun screening device which does not meet the requirements of this section. The installer shall also reinstall sun protective devices which comply with this section, free of charge, or reimburse the motor vehicle owner for the cost of installing sun protective devices by another installer which comply with this section.

The receipt from the installer in the possession of the person in the motor vehicle at the time of the issuance of the citation shall be prima facie evidence of the identity of the installer. The installer shall issue a certificate to the vehicle owner at the time the sunscreen device is installed certifying that the device complies with law. The certificate shall be stored in the motor vehicle at all times."

SECTION 28. Section 291-23, Hawaii Revised Statutes, is amended to read as follows:

"§291-23 Penalty. Whoever is convicted of violating any of the provisions of section 291-22 shall be fined not more than [~~$100.~~] $120."

SECTION 29. Section 291-24, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Whoever violates this section shall be fined not more than [~~$100.~~] $120."

SECTION 30. Section 291-24.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any violation of this section shall constitute a violation and shall be enforceable by police officers. The fine for this violation shall be not less than [~~$25~~] $30 nor more than [~~$250~~] $300 for each separate offense. Any person who violates the provisions of this section may be issued a summons or citation for such violation."

SECTION 31. Section 291-24.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) If a motor vehicle alarm system installed in a motor vehicle is activated and emits a sound for more than five continuous minutes, the registered owner of the motor vehicle shall be fined not more than [~~$100;~~] $120; provided that after the third violation within a five-year period, the fine shall be:

(1) [~~$250~~] $300 for the fourth violation;

(2) [~~$375~~] $450 for the fifth violation; and

(3) [~~$500~~] $600 for a sixth or subsequent violation."

SECTION 32. Section 291-31.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any violation of this section shall be punished by a fine not exceeding [~~$1,000,~~] $1,200, or by imprisonment not exceeding one year, or both."

SECTION 33. Section 291-32, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Whoever violates any of the provisions of this section, or of sections 291-25 to 291-31, shall be fined not more than [~~$10.~~] $12. Each violation shall be deemed a separate offense, and a subsequent violation of the same provision within a one-year period shall be subject to twice the fine imposed upon the prior conviction therefor."

SECTION 34. Section 291-37, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person who omits to perform any of the acts required by, or who commits any of the acts prohibited by, sections 291-2 to 291-33, or any rules adopted to enforce those sections, shall be guilty of a violation and shall be fined not less than [~~$25~~] $30 nor more than [~~$1,800,~~] $2,160, except as otherwise provided.

Any person who omits to perform any of the acts required by, or who commits any of the acts prohibited by, section 291-34, 291-35, or 291-36 shall be fined in accordance with the following tables:

The fine for a

If the excess weight is: violation shall be:

100 to 1,500 pounds [~~$250~~] $300

1,501 to 2,000 pounds [~~260~~] 312

2,001 to 2,500 pounds [~~280~~] 336

2,501 to 3,000 pounds [~~320~~] 384

3,001 to 3,500 pounds [~~360~~] 432

3,501 to 4,000 pounds [~~400~~] 480

4,001 to 4,500 pounds [~~450~~] 540

4,501 to 5,000 pounds [~~500~~] 600

5,001 to 5,500 pounds [~~550~~] 660

5,501 to 6,000 pounds [~~600~~] 720

6,001 to 6,500 pounds [~~660~~] 792

6,501 to 7,000 pounds [~~720~~] 864

7,001 to 7,500 pounds [~~780~~] 936

7,501 to 8,000 pounds [~~840~~] 1008

8,001 to 8,500 pounds [~~910~~] 1092

8,501 to 9,000 pounds [~~980~~] 1176

9,001 to 9,500 pounds [~~1050~~] 1260

9,501 to 10,000 pounds [~~1120~~] 1334

10,001 pounds and over [~~1160~~] 1392

If the excess dimension is: The fine shall be:

Up to 5 feet $ [50] 60

Over 5 feet and up to 10 feet [~~100~~] 120

Over 10 feet and up to 15 feet [~~150~~] 180

Over 15 feet [~~200~~] 240

For the purposes of this section, "person" means the driver of the vehicle unless the driver is an employee in the scope and course of employment, in which case "person" means the employer of the driver. In the case of the transportation of a sealed container or transportation by flatrack, "person" means:

(1) The individual or company the cargo is consigned to; or

(2) The individual or company located in the State shipping the cargo.

The consignee or the shipper shall not be cited if the power units' drive axle group is overweight, and the weight is not more than that allowed for a tandem axle with any applicable tolerances.

All penalties imposed and collected for violations of sections 291-33 to 291-36 shall be paid into the state highway fund.

The department of transportation shall institute a system where the fine, based on the tables in this subsection, may be mailed in when the citation or penalty is not to be contested. This system shall include an ability for the owner of the vehicle or combination of vehicles to request the operator be held harmless and the citation be transferred to that owner of the vehicle or combination of vehicles."

SECTION 35. Section 291-57, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Any person who uses a parking space reserved for persons with disabilities who:

(1) Fails to properly display a disability parking permit;

(2) Displays an invalid disability parking permit;

(3) Uses a disability parking permit that was not issued to that person or to any passengers occupying the vehicle in the parking space; or

(4) With or without a disability parking permit:

(A) Parks in an access aisle; or

(B) Obstructs the ingress or egress to a parking space reserved for a person with a disability;

shall be guilty of a traffic infraction under chapter 291D and shall be fined no less than [~~$250~~] $300 nor more than [~~$500~~] $600 and pay any costs incurred by the court related to assessing the fine; provided that a person with a disability who has been issued a valid disability parking permit that is currently in effect, and who has failed to display the disability parking permit while parking in a space reserved for persons with disabilities, shall pay a fine of no less than [~~$25~~] $30 nor more than [~~$100~~] $120 and any costs incurred by the court related to assessing the fine.

(b) Any person who uses a parking space reserved for persons with disabilities and refuses or fails to present an identification card issued under this chapter or the rules adopted thereunder to an enforcement officer upon request shall be guilty of a traffic infraction under chapter 291D and shall be fined no less than [~~$250~~] $300 nor more than [~~$500.~~] $600."

SECTION 36. Section 291-72, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Beginning July 1, 2013, any person who parks a non‑electric vehicle in a space designated and marked as reserved for electric vehicles shall be guilty of a traffic infraction under chapter 291D and shall be fined not less than [~~$50~~] $60 nor more than [~~$100,~~] $120, and shall pay any costs incurred by the court related to assessing the fine."

SECTION 37. Section 291C-72, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Every person who violates this section shall be subject to the following penalties:

(1) For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of [~~$150;~~] $180;

(2) For an infraction that occurs within one year of a prior violation of this section, a fine of [~~$300~~] $360 and revocation of the person's driver's license and privilege to operate a vehicle for a period of ninety days; and

(3) For an infraction that occurs within two years of two prior violations of this section, and for the fourth and each additional infraction of this section, regardless of when committed, a fine of [~~$1,000,~~] $1,200, and revocation of the person's driver's license and privilege to operate a vehicle for a period of one hundred eighty days."

SECTION 38. Section 291C-95, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

"(h) Any person who violates this section shall be fined not more than [~~$500~~] $600 or sentenced to perform community service, or both; provided that any person who violates subsection (a) on a state highway shall be fined not more than [~~$1,000~~] $1,200 or sentenced to perform community service, or both."

SECTION 39. Section 291C-103, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:

"(e) Any person who violates this section, except subsection (d), shall be fined not more than [~~$500~~] $600 or imprisoned not more than six months, or both. Any person who violates subsection (d) shall be fined not more than [~~$500~~] $600 or be sentenced to perform community service, or both.

(f) Any person who violates this section while operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more shall be subject to a fine of not more than [~~$2,000,~~] $2,400, a term of imprisonment of not more than one year, or both; provided that the following additional penalties shall also apply:

(1) For an offense that occurs within five years of a prior conviction, a one-year license suspension;

(2) For an offense that occurs within five years of two prior convictions:

(A) A three-year license suspension; and

(B) A vehicle owned by the defendant and used in the commission of the offense which has been used in at least two prior offenses that resulted in convictions may be ordered by the court to be subject to forfeiture under chapter 712A;

(3) For all offenses under this section, a surcharge of up to $100 may be deposited in the trauma system special fund if the court so orders."

SECTION 40. Section 291C-104, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates this section shall be fined [~~$250~~,] $300, may be charged with a surcharge of up to $100 to be deposited into the trauma system special fund, and, where the violation involves speeding in a school zone, shall be charged with a surcharge of $25 to be deposited into the safe routes to school program special fund."

SECTION 41. Section 291C-105, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates this section shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

(1) For a first offense not preceded by a prior conviction for an offense under this section in the preceding five years:

(A) A fine of not less than [~~$500~~] $600 and not more than [~~$1,000;~~] $1,200;

(B) Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund;

(E) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;

(F) An assessment for driver education pursuant to section 286G-3; and

(G) Either one of the following:

(i) Thirty-six hours of community service work; or

(ii) Not less than forty-eight hours and not more than five days of imprisonment;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section, by:

(A) A fine of not less than [~~$750~~] $900 and not more than [~~$1,000;~~] $1,200;

(B) Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund;

(E) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders;

(F) An assessment for driver education pursuant to section 286G-3; and

(G) Either one of the following:

(i) Not less than one hundred twenty hours of community service work; or

(ii) Not less than five days but not more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively; and

(3) For an offense that occurs within five years of two prior convictions for offenses under this section, by:

(A) A fine of [~~$1,000;~~] $1,200;

(B) Revocation of license and privilege to operate a vehicle for a period of not less than ninety days but not more than one year;

(D) No fewer than ten days but no more than thirty days of imprisonment of which at least forty-eight hours shall be served consecutively;

(E) A surcharge of $25 to be deposited into the neurotrauma special fund;

(F) May be charged a surcharge of up to $100 to be deposited into the trauma system special fund if the court so orders; and

(G) An assessment for driver education pursuant to section 286G-3."

SECTION 42. Section 291C-123, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any person violating the parking prohibition in subsection (a) shall be fined [~~$200.~~] $240. Fines collected pursuant to this section shall be deposited into the state highway fund."

SECTION 43. Section 291C-130, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates this section shall be fined not more than [~~$500.~~] 600."

SECTION 44. Section 291C-131, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) Violation of this section shall be considered an offense as defined in section 701-107(5), shall not be subject to the provisions of chapter 291D, and shall subject the owner or driver of the vehicle, or both, to the following penalties without possibility of probation or suspension of sentence:

(1) For a first violation, by a fine of not less than [~~$250~~] $300 and not more than [~~$500.~~] $600.

(2) For a second violation involving a vehicle or driver previously cited under this section within one year:

(A) Suspension of the vehicle registration or suspension of the license of the driver, or both, for not less than five working days but not more than ten working days; and

(B) A fine of not less than [~~$500~~] $600 and not more than [~~$750.~~] $900.

(3) For a third or subsequent violation involving a vehicle or driver previously cited under this section within one year:

(A) Suspension of the vehicle registration or suspension of the license of the driver, or both, for a period of thirty calendar days; and

(B) A fine of not less than [~~$750~~] $900 and not more than [~~$1,000.~~] $1,200.

In imposing a fine under this subsection, the court, in its discretion, may apportion payment of the fine between the driver of the vehicle and the owner of the vehicle according to the court's determination of the degree of fault for the violation.

For the purposes of this subsection, a truck-trailer combination and tractor-semitrailer combination, as they are defined in section 286-2, shall be considered as one vehicle."

SECTION 45. Section 291C-132, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The court shall fine the person convicted of committing the offense of littering at least [~~$100,~~] $120, but not more than [~~$500.~~] $600."

SECTION 46. Section 291C-137, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) Every person who violates this section shall be subject to a fine of [~~$250~~] $300 that shall be deposited into the state highway fund; provided that if a person violates this section while operating a motor vehicle in a school zone or construction area, as defined in section 291C-104, the fine shall be [~~$300,~~] $360, which shall be paid to the director of finance pursuant to section 291C-171."

SECTION 47. Section 291C-138, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Violation of this section shall subject the driver of the vehicle to a fine of [~~$250.~~] $300."

SECTION 48. Section 291C-161, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read :

"(b) Except as provided in subsections (c) and (d), every person who is determined to have violated any provision of this chapter for which another penalty is not provided shall be fined:

(1) Not more than [~~$200~~] $240 for a first violation thereof;

(2) Not more than [~~$300~~] $360 for a second violation committed within one year after the date of the first violation; and

(3) Not more than [~~$500~~] $600 for a third or subsequent violation committed within one year after the date of the first violation."

2. By amending subsection (d) to read:

"(d) Every person who violates section 291C-13 or 291C-18 shall:

(1) Be fined not more than [~~$200~~] $240 or imprisoned not more than ten days for a first conviction thereof;

(2) Be fined not more than [~~$300~~] $360 or imprisoned not more than twenty days or both for conviction of a second offense committed within one year after the date of the first offense; and

(3) Be fined not more than [~~$500~~] $600 or imprisoned not more than six months or both for conviction of a third or subsequent offense committed within one year after the date of the first offense."

SECTION 49. Section 291C-204, Hawaii Revised Statutes, is amended to read as follows:

"§291C-204 Defacing serial numbers, etc., of mopeds. No person shall wilfully deface, destroy, or alter the serial number, a component part number, or identification mark placed on any moped by the manufacturer thereof.

This section shall not prohibit the restoration by an owner of an original mark or number when the restoration is authorized in writing by the director of finance, nor prohibit any manufacturer from placing in the ordinary course of business numbers or marks upon new mopeds or new parts thereof. Violation of this section shall be a misdemeanor and shall result in a fine of not more than [~~$500.~~] $600."

SECTION 50. Section 291C-205, Hawaii Revised Statutes, is amended to read as follows:

"§291C-205 Unlawful to possess certain mopeds and moped parts. It shall be unlawful for any person to possess a moped, a moped motor, or any moped part knowing that the serial or identification number placed thereon by the manufacturer has been changed, altered, erased or mutilated.

This section shall not prohibit the possession of a moped, a moped motor, or any moped part whose original mark or number has been restored when the restoration is authorized in writing by the director of finance, nor prohibit any manufacturer from placing in the ordinary course of business numbers or marks upon new mopeds or new parts thereof. Violation of this section shall be a misdemeanor and shall result in a fine of not more than [~~$500.~~] $600."

SECTION 51. Section 291C-206, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any person who violates this section shall be fined not more than [~~$500.~~] $600."

SECTION 52. Section 291C-227, Hawaii Revised Statutes, is amended to read as follows:

"§291C-227 Penalty. A person who violates any provision of this part shall for a first conviction thereof be fined [~~$75;~~] $90; for conviction of a second offense committed within one year after the date of the first offense, the person shall be fined [~~$150;~~] $180; for conviction of a third or subsequent offense committed within one year after the date of the first offense, the person shall be fined [~~$200.~~] $240."

SECTION 53. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced without possibility of probation or suspension of sentence as follows:

(1) For the first offense, or any offense not preceded within a ten-year period by a conviction for an offense under this section or section 291E‑4(a):

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) One-year revocation of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(i) Seventy-two hours of community service work;

(ii) No less than forty-eight hours and no more than five days of imprisonment; or

(iii) A fine of no less than [~~$250~~] $300 but no more than [~~$1,000;~~] $1,200;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) A surcharge, if the court so orders, of up to $25 to be deposited into the trauma system special fund;

(2) For an offense that occurs within ten years of a prior conviction for an offense under this section or section 291E-4(a):

(A) Revocation for no less than twenty-four months nor more than three years of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(B) Either one of the following:

(i) No less than two hundred forty hours of community service work; or

(ii) No less than five days but no more than thirty days of imprisonment, of which at least forty-eight hours shall be served consecutively;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) A surcharge of up to $50, if the court so orders, to be deposited into the trauma system special fund;

(3) In addition to a sentence imposed under paragraphs (1) and (2), any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of [~~$500~~] $600 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1) or (2), as applicable. Notwithstanding paragraphs (1) and (2), the revocation period for a person sentenced under this paragraph shall be no less than two years; and

(4) If the person demonstrates to the court that the person:

(A) Does not own or have the use of a vehicle in which the person can install an ignition interlock device during the revocation period; or

(B) Is otherwise unable to drive during the revocation period,

the person shall be absolutely prohibited from driving during the period of applicable revocation provided in paragraphs (1) to (3); provided that the court shall not issue an ignition interlock permit pursuant to subsection (i) and the person shall be subject to the penalties provided by section 291E-62 if the person drives during the applicable revocation period."

SECTION 54. Section 291E-61.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) For a conviction under this section, the sentence shall be either:

(1) An indeterminate term of imprisonment of five years; or

(2) A term of probation of five years, with conditions to include:

(A) Mandatory revocation of license and privilege to operate a vehicle for a period no less than three years but no more than five years;

(B) No less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively;

(D) Referral to a certified substance abuse counselor as provided in subsection (d);

(E) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(F) May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders.

In addition to the foregoing, any vehicle owned and operated by the person committing the offense shall be subject to forfeiture pursuant to chapter 712A; provided that the department of transportation shall provide storage for vehicles forfeited under this subsection."

SECTION 55. Section 291E-62, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person convicted of violating this section shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) For a first offense, or any offense not preceded within a five-year period by conviction for an offense under this section, section 291E-66, or section 291‑4.5 as that section was in effect on December 31, 2001:

(A) A term of imprisonment of not less than three consecutive days but not more than thirty days;

(B) A fine of not less than [~~$250~~] $300 but not more than [~~$1,000;~~] $1,200;

(D) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:

(A) Thirty days imprisonment;

(B) A [~~$1,000~~] $1,200 fine;

(D) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable; and

(3) For an offense that occurs within five years of two or more prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof:

(A) One year imprisonment;

(B) A [~~$2,000~~] $2,400 fine;

(D) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable."

SECTION 56. Section 291E-64, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person who violates this section shall be sentenced as follows:

(1) For a first violation or any violation not preceded within a five-year period by a prior alcohol enforcement contact:

(A) The court shall impose:

(i) A requirement that the person and, if the person is under the age of eighteen, the person's parent or guardian attend an alcohol abuse education and counseling program for not more than ten hours; and

(ii) A one hundred eighty-day prompt suspension of license and privilege to operate a vehicle with absolute prohibition from operating a vehicle during the suspension period, or in the case of a person eighteen years of age or older, the court may impose, in lieu of the one hundred eighty-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the one hundred eighty‑day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in alcohol abuse education and treatment programs; and

(B) In addition, the court may impose any one or more of the following:

(i) Not more than thirty-six hours of community service work; or

(ii) A fine of not less than [~~$150~~] $180 but not more than [~~$500;~~] $600;

(2) For a violation that occurs within five years of a prior alcohol enforcement contact:

(A) The court shall impose prompt suspension of license and privilege to operate a vehicle for a period of one year with absolute prohibition from operating a vehicle during the suspension period; and

(B) In addition, the court may impose any of the following:

(i) Not more than fifty hours of community service work; or

(ii) A fine of not less than [~~$300~~] $360 but not more than [~~$1,000;~~] $1,200; and

(3) For a violation that occurs within five years of two prior alcohol enforcement contacts:

(A) The court shall impose revocation of license and privilege to operate a vehicle for a period of two years; and

(B) In addition, the court may impose any of the following:

(i) Not more than one hundred hours of community service work; or

(ii) A fine of not less than [~~$300~~] $360 but not more than [~~$1,000.~~] $1,200."

SECTION 57. Section 291E-66, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any person required under subsection (a) to drive using an ignition interlock device, who violates subsection (a) shall be sentenced without possibility of probation or suspension of sentence as follows:

(1) For a first offense, or any offense not preceded within a five-year period by conviction under this section or section 291E-62(a)(3):

(A) A term of imprisonment of not less than three consecutive days but not more than thirty days;

(B) A fine of not less than [~~$250~~] $300 but not more than [~~$1,000;~~] $1,200; and

(2) For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E-62(a)(3):

(A) Thirty days imprisonment;

(B) A [~~$1,000~~] $1,200 fine; and

(3) For an offense that occurs within five years of two or more prior convictions for offenses under this section or section 291E-62(a)(3), or any combination thereof:

(A) One year imprisonment;

(B) A [~~$2,000~~] $2,400 fine; and

SECTION 58. Section 291E-67, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates this section shall be:

(1) Fined not more than [~~$1,000~~] $1,200 or imprisoned not more than thirty days, or both, for any offense that does not occur within five years of two prior convictions for this offense; and

(2) Fined not less than [~~$500~~] $600 but not more than [~~$1,000~~] $1,200 or imprisoned not more than one year, or both, if the person has two or more prior convictions for the offense in the preceding five-year period."

SECTION 59. Section 302A-1152, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1152[]] Unauthorized vehicles on school or public library grounds. Any unauthorized vehicle parked on school or public library grounds may be towed away at the owner's expense, or the owner or driver of the vehicle may be arrested by any police officer without warrant, on complaint of the principal, librarian, or other person in charge of the school or library. Notwithstanding any other law to the contrary, upon conviction for parking an unauthorized vehicle on school or public library grounds, the owner or driver of the vehicle shall be fined not more than [~~$50.~~] $60."

SECTION 60. Section 304A-2602, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-2602[]] Fines and other penalties. The board of regents may enforce its rules by imposing fines not to exceed [~~$100~~] $120 per violation, or by removing the vehicle of the offender from the area within the university's jurisdiction, or both; provided that a person violating any provision of part III of chapter 291, or any rule adopted thereunder, shall be guilty of a traffic infraction under chapter 291D and shall be fined or otherwise penalized in accordance with part III of chapter 291. The owner of any vehicle so towed away shall be responsible for and pay all costs incurred in the towing and storage. Any vehicle towed away and unclaimed thirty days thereafter shall be sold at public auction by the university. The university shall pay all costs of towing and storage and other costs connected with the sale out of the university parking revolving fund established under section [[]304A‑2275[]]. The fund shall be reimbursed for the costs from the proceeds of the sale, and the remaining balance, if any, shall be paid to the owner of the vehicle; provided that if the proceeds of the sale are not claimed by the owner of the vehicle within sixty days after notice, the proceeds shall be deposited in the university parking revolving fund."

SECTION 61. Section 342B-47, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person who violates the vehicular smoke emission rules adopted by the department pursuant to this chapter shall be fined not less than [~~$25~~] $30 nor more than [~~$2,500~~] $3,000 for each separate offense. Each day of each violation constitutes a separate offense."

SECTION 62. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 63. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 64. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	377
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII