Bill Text: HI SB1009 | 2010 | Regular Session | Introduced

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Bill Title: Unadjudicated Traffic Fines

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1009 Detail]

Download: Hawaii-2010-SB1009-Introduced.html

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Report Title:

Unadjudicated Traffic Fines

 

Description:

Transfers all fines and forfeitures collected for uncontested traffic infractions to the counties starting from 7/1/09.

 

THE SENATE	S.B. NO.	1009
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO UNADJUDICATED TRAFFIC FINES.

 

 

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

 

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

"PART    .  TRANSMITTAL OF TRAFFIC FINES

AND FORFEITURES TO COUNTIES

     §291C-A  Definitions.  As used in this part, unless the context clearly requires otherwise:

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

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

     §291C-B  Transmittal of fines:  from July 1, 2009.  (a)  The state director of finance shall transmit to the Honolulu police department, not more than thirty days after the end of each fiscal quarter, the following fines and forfeitures collected for uncontested traffic infractions committed in the city and county of Honolulu that are in excess of the amounts required by the State to pay the administrative costs of the traffic violations bureau:

     (1)  Beginning July 1, 2009:  one hundred per cent;

     (2)  This section shall apply to uncontested traffic infractions under:

249-2         Imposition of tax;

286-25        Operation of a vehicle without a certificate of inspection;

286-47        Certificate of registration; certificate of ownership; containers;

286-85        Reconstructed vehicles, approval required;

286-102       Licensing;

286-110(d)    Instructional permits (no licensed driver present);

286-116       License, insurance identification card, possession, exhibition;

291-11.6      Mandatory use of seatbelts;

291-21.5      Regulation of motor vehicles sun screening devices;

291C-33       Pedestrian-control signals;

291C-73       Crossing at other than crosswalks; and

431:10C-104   Conditions of operation and registration of motor vehicles.

     (b)  This section shall not apply to:

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

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

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

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

     "(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.  The judiciary shall identify those fines paid for uncontested traffic infractions as defined in section 291C-A."

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

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.    SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request