Bill Text: HI HB2336 | 2022 | Regular Session | Amended
Bill Title: Relating To The Photo Red Light Imaging Detector Systems Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-06-27 - Act 124, on 06/27/2022 (Gov. Msg. No. 1225). [HB2336 Detail]
Download: Hawaii-2022-HB2336-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2336 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE PHOTO RED LIGHT IMAGING DETECTOR SYSTEMS PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Section 291C-32, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Whenever traffic is controlled by
traffic-control signals exhibiting different colored lights, or colored lighted
arrows, successively one at a time or in combination, [are] and actively
monitored by an official photo red light imaging detector system, all registered
owners of all motor vehicles in vehicular traffic at the intersection shall be held
strictly liable for the motor vehicle's compliance with the traffic-control signal,
to the extent that registered owners may be cited and held accountable for non-compliance
via civil traffic infractions pursuant to chapter 291J. The traffic-control signal lights shall apply to
the registered owners [and] of motor vehicles as follows:
(1) Steady red indication:
(A) Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown, except as provided in the next succeeding paragraphs.
(B) Vehicular traffic that is stopped in obedience to a steady red indication may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at said intersection, except that counties by ordinance may prohibit any such right turn against a steady red indication, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof.
(C) Vehicular traffic
on a one-way street that intersects another one-way street on which traffic moves
to the left shall stop in obedience to a steady red indication but may then
make a left turn into said one-way street, but shall yield right-of-way to
pedestrians, proceeding as directed by the signal at said intersection except
that counties by ordinance may prohibit any such left turn as above described
which ordinance shall be effective when a sign is erected at such intersection
giving notice thereof.
(2) To the extent a registered owner's motor vehicle fails to comply with any other law or ordinance related to traffic-control signals, including subsection (a)(1) or (2), the registered owner of a motor vehicle shall not be held strictly liable unless otherwise provided by law."
SECTION 2. Section 291J-1, Hawaii Revised Statutes, is amended by amending the definition of "photo red light imaging detector" to read as follows:
""Photo red light imaging
detector" or "photo red light imaging detector system" means
a device, or combination of devices, used for traffic enforcement pursuant
to section 291C-32(c), that includes a vehicle sensor [that works] working
in conjunction and synchronization with a traffic-control signal and a camera [synchronized] to automatically
record one or more sequenced photographs, microphotographs, or electronic images
of the rear of the motor vehicle and motor vehicle license plate at the time the
motor vehicle fails to stop when facing a steady red traffic‑control signal [in violation of section 291C‑32(c)]."
SECTION 3. Section 291J-4, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) During
the first thirty days of operation of an individual photo red light imaging detector
system at a particular traffic signal, a warning shall be issued for any
violation of section 291C-32(c), and mailed to the registered owner of the
motor vehicle at the address on record [as] at the vehicle licensing
division, in lieu of a summons or citation pursuant to section 291J-6."
SECTION 4. Section 291J-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding any law to the contrary, and except
for the time period allowed pursuant to [[]section[]] 291J-4(e), beginning
January 1, 2021, whenever any motor vehicle is determined, by means of a photo
red light imaging detector system, to have disregarded a steady red signal in
violation of section 291C‑32(c), the State's or county's third party contractor
shall cause a summons or citation, as described in this section, to be sent by first
class mail[, that is postmarked within ten calendar days after the date of
the incident,] to the registered owner of the motor vehicle [at the
address on record at the vehicle licensing division]. The summons or citation shall be mailed to the
registered owner's address on record at the vehicle licensing division and postmarked
within ten calendar days after the date of the incident. If the end of the ten calendar day period
falls on a Saturday, Sunday, or holiday, then the ending period shall run until
the end of the next day that is not a Saturday, Sunday, or holiday."
SECTION 5. Section 291J-7, Hawaii Revised Statutes, is amended to read as follows:
"[[]§291J-7[]] Registered
owner's responsibility for a summons or citation. (a) In
any proceeding for a violation of this chapter, the information contained in the
summons or citation, mailed in accordance with section 291J-6, shall
be deemed prima facie evidence that a violation of section 291C‑32(c) occurred.
[If the registered owner does not rebut
the evidence presented in this subsection by presenting one or more of the defenses
listed in subsection (b), the] The registered owner shall be strictly
liable for a violation of section 291C-32(c)[.], unless the registered
owner presents one or more of the defenses listed in subsection (b) by a preponderance
of the evidence.
(b)
The registered owner of the motor vehicle may present [evidence] the
following to rebut the evidence in subsection (a) [by any one of the
following]:
[(1) Submitting a
written statement as provided in section 291D-6(b)(2);
(2)] (1) [Testifying in open court under oath] Evidence
that the person named in the summons or citation was not the registered owner
of the motor vehicle at the time of the alleged violation;
[(3) Calling witnesses
to testify in open court under oath that the person named in the summons or citation
was not the registered owner of the motor vehicle at the time of the alleged
violation;
(4)] (2) [Submitting evidence] Evidence
that the motor vehicle passed through the intersection [when the traffic light
was red in order] to yield the right-of-way to an emergency vehicle;
[(5)] (3) [Submitting evidence] Evidence
that the motor vehicle [was] passed through the intersection as part
of a funeral procession escorted by the police;
[(6)] (4) [Presenting, prior to the return date
established on the citation or summons issued pursuant to this chapter, a letter
of verification of loss from the police department indicating] Evidence
that the motor vehicle or the motor vehicle license plates [had been] were
reported to the police department as stolen, [to the court adjudicating]
prior to the alleged violation; or
[(7)] (5) [Submitting evidence] Evidence that
the motor vehicle passed through the intersection at the direction of a law enforcement officer."
SECTION 6. Section 291J-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) All fines collected under this chapter shall
be deposited into the photo red light imaging detector systems program special
fund. Moneys in the fund shall be expended
by the department in the county in which the fine was imposed, for purposes
that include the establishment, [implementation,] operation, oversight, repair,
and maintenance of a photo red light imaging detector system[.] and implementation
of the photo red light imaging detector system program."
PART II
SECTION 7. Act 30, Session Laws of Hawaii 2020, sections 9 and 10, as amended by section 1 of Act 133, Session Laws of Hawaii 2021, are amended to read as follows:
"SECTION 9. There is appropriated out of the state highway fund the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2020-2021; $400,000 or so much as may be necessary for fiscal year 2021-2022; and $400,000 or so much as may be necessary for fiscal year 2022-2023 to be deposited into the photo red light imaging detector systems program special fund.
SECTION
10. There is appropriated out of the
photo red light imaging detector systems program special fund the sum of
$2,000,000 or so much thereof as may be necessary for fiscal year 2020-2021;
$400,000 or so much as may be necessary for fiscal year 2021-2022; and $400,000
or so much as may be necessary for fiscal year 2022-2023 for purposes of
establishing the photo red light imaging detector systems pilot program;
provided that the moneys appropriated for fiscal year 2020-2021, fiscal year
2021-2022, and fiscal year 2022-2023 shall not lapse at the end of that
fiscal year; provided further that all moneys appropriated for fiscal year
2020-2021, fiscal year 2021-2022, and fiscal year 2022-2023 that are unexpended
or unencumbered as of June 30, [2022,] 2025, shall lapse to the
credit of the photo red light imaging detector systems special fund.
The sum appropriated
shall be expended by the department of transportation for the purposes of this
Act; provided that the department of transportation shall [expend $112,602]
transfer $125,779 in [fiscal year 2021-2022,] fiscal year
2022-2023, [and] fiscal year 2023-2024 [for the funding of one
permanent full-time (1.0 FTE) deputy prosecuting attorney position within],
and fiscal year 2024-2025 to the department of the prosecuting attorney of
the city and county of Honolulu. The department
of the prosecuting attorney shall expend these funds exclusively for personnel costs
related to the photo red light imaging detector systems program; provided that any
remaining balances in any of the fiscal years shall be returned to the department
of transportation."
PART III
SECTION 8. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2050; provided that part II shall take effect retroactive to June 30, 2021.
Report Title:
Photo Red Light Imaging Detector Systems Program
Description:
Clarifies certain provisions in chapter 291J, Hawaii Revised Statutes, to better reflect the legislative intent of the photo red light imaging detector systems program. Amends Act 30, Session Laws of Hawaii 2020, as amended, to account for the current timetable of the photo red light imaging detector systems program. Effective 7/1/2050. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
