SB377 SD1

SECTION 1. 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 for each violation[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 2. 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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 3. Section 286-136, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service.

(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 and a maximum fine of $1,000, 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[.]; provided that for a third or subsequent conviction for the same offence in the preceding one-year period, the person shall also be sentenced to perform community service."

SECTION 4. 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 or imprisoned not more than six months, or both[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 5. 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, notwithstanding section 286-206[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 6. 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 for each day of the violation[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 7. 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; 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; 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[.] and shall be sentenced to perform community service for conviction of a third or subsequent offense committed within a one-year period after the date of the second conviction."

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[.]; provided that for a third or subsequent violation within a one-year period, the employer shall also be sentenced to perform community service."

SECTION 8. Section 286-249, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) Any person convicted under or found in violation of section 286-242(a) shall be fined not more than $200[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service.

(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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 9. 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 or imprisoned not more than thirty days, or both[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 10. 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 or imprisoned not more than thirty days, or both[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 11. 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[.]; provided that for a third or subsequent violation within a one-year period, in addition to any other penalty, the person shall be sentenced to perform community service."

SECTION 12. 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 but not more than $1,000; 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; 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.

(3) For an offense which occurs within a one-year period of at least two prior convictions under this section, in addition to any other penalty, the person shall be sentenced to perform community service.

SECTION 13. 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 nor more than $150[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 14. 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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 15. 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;

(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 but not more than $200;

(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 but not more than $500;

(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.

(4) For a conviction of a third or subsequent offense committed within a one-year period of any other conviction under this section, the person shall also be sentenced to perform community service.

SECTION 16. 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 for each violation; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service; 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 17. 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 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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 18. 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 for each violation; provided that any person who violates subsection (c) shall be subject to a fine of $50 for each separate violation[.]; provided further that for a third or subsequent violation within a one-year period of this section or subsection (c) the person shall also be sentenced to perform community service."

SECTION 19. 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 in addition to the driving disqualification of section 286-240(e)[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 20. 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 or more than $500 for each separate offense if the person is the owner of the motor vehicle which is in violation; and

(2) Not less than $500 nor more than $1,000 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[.];

provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service. 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 21. 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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 22. 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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 23. 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 nor more than $250 for each separate offense[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service. Any person who violates the provisions of this section may be issued a summons or citation for such violation."

SECTION 24. 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, or by imprisonment not exceeding one year, or both[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 25. 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. 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[.] and the person shall be sentenced to perform community service."

SECTION 26. 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 nor more than $1,800, except as otherwise provided[.]; and provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service.

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

1,501 to 2,000 pounds 260

2,001 to 2,500 pounds 280

2,501 to 3,000 pounds 320

3,001 to 3,500 pounds 360

3,501 to 4,000 pounds 400

4,001 to 4,500 pounds 450

4,501 to 5,000 pounds 500

5,001 to 5,500 pounds 550

5,501 to 6,000 pounds 600

6,001 to 6,500 pounds 660

6,501 to 7,000 pounds 720

7,001 to 7,500 pounds 780

7,501 to 8,000 pounds 840

8,001 to 8,500 pounds 910

8,501 to 9,000 pounds 980

9,001 to 9,500 pounds 1050

9,501 to 10,000 pounds 1120

10,001 pounds and over 1160

If the excess dimension is: The fine shall be:

Up to 5 feet $ 50

Over 5 feet and up to 10 feet 100

Over 10 feet and up to 15 feet 150

Over 15 feet 200

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 27. 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;

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

(4) For an infraction that occurs within one year of two prior violations of this section, the person shall also be sentenced to perform community service."

SECTION 28. 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 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 or sentenced to perform community service, or both[.]; provided further that for a third or subsequent violation within a one-year period of this section or subsection (a) the person shall be fined and sentenced to perform community service."

SECTION 29. Section 291C-103, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Any person who violates this section, except subsection (d), shall be fined not more than $500 or imprisoned not more than six months, or both. Any person who violates subsection (d) shall be fined not more than $500 or be sentenced to perform community service, or both[.]; provided that for a third or subsequent violation within a one-year period of this section or subsection (d) the person shall be fined and sentenced to perform community service."

SECTION 30. 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, 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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 31. 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 and not more than $1,000;

(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 and not more than $1,000;

(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;

(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.

(4) For an offense that occurs within one year of two prior convictions for offenses under this section, by also being sentenced to perform community service."

SECTION 32. 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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service. Fines collected pursuant to this section shall be deposited into the state highway fund."

SECTION 33. 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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 34. 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 and not more than $500.

(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 and not more than $750.

(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 and not more than $1,000[.]; and

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 35. 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, but not more than $500[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 36. 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 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, which shall be paid to the director of finance pursuant to section 291C-171[.]; provided further that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 37. 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[.]; provided that for a third or subsequent violation within a one-year period, the person shall also be sentenced to perform community service."

SECTION 38. 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; for conviction of a second offense committed within one year after the date of the first offense, the person shall be fined $150; 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[.] and shall be sentenced to perform community service."

SECTION 39. 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 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 but not more than $1,000 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.

(3) Sentenced to perform community service if the person has two or more prior convictions for the offense in the preceding one-year period.

SECTION 40. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 41. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 42. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	377
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII