Bill Text: HI SB2236 | 2020 | Regular Session | Introduced
Bill Title: Relating To Automated Speed Enforcement Systems.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-21 - Referred to TRS/PSM, JDC/WAM. [SB2236 Detail]
Download: Hawaii-2020-SB2236-Introduced.html
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THE SENATE |
S.B. NO. |
2236 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to automated speed enforcement systems.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1.
(a) The department of transportation
shall establish a speed enforcement committee to review this Act and recommend
any necessary amendments that may be considered during the 2021 legislative
session.
(b)
The department of transportation shall invite the following to
participate on the speed enforcement committee:
(1) The deputy chief court administrator for the district court of the first circuit or the deputy chief court administrator's designee;
(2) The public defender or the public defender's designee;
(3) County police;
(4) County prosecutors; and
(5) County transportation officials.
(c) The
speed enforcement committee shall submit a report including any findings and
recommendations, and any proposed legislation or amendments to this Act, to the
legislature no later than twenty days prior to the convening of the 2021
regular session.
PART II
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
AUTOMATED
SPEED ENFORCEMENT SYSTEMS
§ -1 Definitions. As used in this chapter, unless the context otherwise requires:
"Automated speed enforcement system" means a device used for traffic enforcement that includes a vehicle sensor that works in conjunction with a speed measuring device and a camera or similar device to automatically produce a photographic, digital, or other visual image of a vehicle traveling at a prohibited rate of speed in violation of part X of chapter 291C and a photographic, digital, or other visual image of the driver of the motor vehicle.
"County" means the counties of Hawaii, Kauai, and Maui, and the city and county of Honolulu.
"County highway" has the same meaning as used in section 264-1.
"Department" means the department of transportation.
"Motor vehicle" has the same meaning as defined in section 291C‑1.
"State highway" has the same meaning as used in section 264-1.
§ -2 Automated speed enforcement systems program; established. There is established the automated speed enforcement systems program, which may be implemented by any county on state or county highways within the respective county, to enforce the speed restriction laws of the State.
§ -3 County powers and duties. (a) Each county may establish and implement, in
accordance with this chapter, an automated speed enforcement system imposing
monetary liability on the operator of a motor vehicle for failure to comply
with speed restriction laws. Each county
may provide for the procurement, location, installation, operation,
maintenance, and repair of the automated speed enforcement system. Where the automated speed enforcement system
affects state property, the department shall cooperate with and assist the
county as needed to install, maintain, and repair the automated speed
enforcement system established pursuant to this chapter.
(b)
Each county shall pay the vendor that installs an automated speed
enforcement system a negotiated lump sum regardless of the number of citations
issued or expected to be issued through the use of the installed automated
speed enforcement system.
§ -4 Automated speed enforcement system requirements. (a) An automated speed enforcement system shall be operated from a fixed pole, post, or other fixed structure on a state or county highway.
(b) Signs and other official traffic-control devices indicating that speed restriction laws are enforced by an automated speed enforcement system shall be posted on all major routes entering the area in question to provide, as far as practicable, notice to drivers of the existence and operation of the system.
(c) Proof
of a speed limit violation shall be as evidenced by information obtained from
the automated speed enforcement system authorized pursuant to this
chapter. A certificate, sworn to or
affirmed by the county's agent or employee, or a facsimile thereof, based upon
inspection of photographs, microphotographs, videotape, or other recorded
images produced by the system, shall be prima facie evidence of the facts
contained therein. Any photographs,
microphotographs, videotape, or other recorded images evidencing a violation
shall be available for inspection in any proceeding to adjudicate the liability
for that violation.
(d) No
summons or citation pursuant to the automated speed enforcement systems program
shall be issued unless it contains a clear and unobstructed photographic,
digital, or other visual image of the driver of the motor vehicle.
(e) The conditions specified in this section shall not apply when the information gathered is used for highway safety research or to issue warning citations not involving a fine, court appearance, or a person's driving record.
§ -5 Summons or citations. (a) Notwithstanding any law to the contrary, whenever any motor vehicle is determined, by means of an automated speed enforcement system, to have exceeded a speed limit in violation of part X of chapter 291C, the county shall cause a summons or citation, as described in this section, to be sent by certified or registered mail with a return receipt, which is postmarked within seventy-two hours of the time of the incident, to the registered owner of the vehicle at the address on record at the vehicle licensing division. If the end of the seventy-two-hour period falls on a Saturday, Sunday, or state holiday, then the ending period shall run until the end of the next day that is not a Saturday, Sunday, or state holiday.
(b)
The form and content of the summons or citation shall be as adopted or
prescribed by the administrative judge of the district courts and shall be printed
on a form commensurate with the form of other summonses or citations used in
modern methods of arrest, so designed to include all necessary information to
make the summons or citation valid within the laws of the State; provided that
any summons or citation pursuant to the automated speed enforcement systems
program shall contain a clear and unobstructed photographic, digital, or other
visual image of the driver of the motor vehicle, which shall be used as
evidence of the violation.
(c) Every summons or citation shall be consecutively numbered and each copy thereof shall bear the number of its respective original.
(d) Upon receipt of the summons or citation, the registered owner shall respond as provided for in chapter 291D. A mail receipt signed by the registered owner is prima facie evidence of notification. The registered owner shall be determined by the identification of the vehicle's registration plates.
(e) The county, or the county's agent or employee, shall be available to testify as to the authenticity of the information provided pursuant to this section.
§ -6 Registered owner's responsibility for a summons or citation. In any proceeding for a violation of this chapter, the information contained in the summons or citation mailed in accordance with section -5 shall be deemed prima facie evidence that the registered vehicle violated part X of chapter 291C.
§ -7 Prima facie evidence. (a) Whenever the automated speed enforcement system determines a motor vehicle to be in violation of part X of chapter 291C, evidence that the motor vehicle described in the citation or summons issued pursuant to this chapter was operated in violation of that section, together with proof that the person to whom the summons or citation was sent was the registered owner of the motor vehicle at the time of the violation, shall constitute prima facie evidence that the registered owner of the motor vehicle was the person who committed the violation.
(b) The registered owner of the vehicle may 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) Testifying in open court under oath that the person was not the operator of the vehicle at the time of the alleged violation;
(3) Calling witnesses to testify in open court under oath that the person was not the operator of the vehicle at the time of the alleged violation;
(4) Extrinsic evidence
that the person was not the operator of the vehicle at the time of the alleged
violation;
(5) 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 that the vehicle had been reported stolen, to the court adjudicating the alleged violation; or
(6) Identifying the actual driver of the vehicle at the time of the alleged violation.
§ -8 Failure to comply with summons or citation. If the registered owner of the vehicle does not return an answer in response to a summons or citation within a period of twenty-one days upon receipt of the summons or citation, the district court shall issue, pursuant to section 291D-7(e), a notice of entry of judgment of default to the registered owner of the vehicle.
§ -9 Liability for rental or U‑drive vehicle. Notwithstanding any law to the contrary, if the registered owner of record is the lessor of a rental or U‑drive motor vehicle, as defined in section 286‑2, pursuant to a written lease agreement, the lessee at the time of the violation shall be responsible for the summons or citation; provided that:
(1) The lessor shall be responsible for the summons or citation if the lessor does not provide the court having jurisdiction over the summons or citation with the name and address of the lessee within thirty days after a notice containing the date, time, and location of the alleged violation and the license number of the vehicle is sent to the lessor; and
(2) The administrative judge of the court having jurisdiction over the summons or citation may waive the requirement of providing the name and address of the lessee and impose on the lessor an administrative fee of $ per citation.
§ -10 Penalty. The penalties for all consequences of a violation for exceeding a speed limit initiated by the use of an automated speed enforcement system shall be as provided in section 291C-161.
§ -11 Fines for unauthorized disclosure. All personal and confidential information made available by any government agency to an agent of any county for the automated speed enforcement systems program shall be kept confidential and shall be used only for the purposes for which the information was furnished. Any officer, employee, or agent of a county who intentionally discloses or provides a copy of personal and confidential information obtained from an automated speed enforcement system to any person or agency without authorization shall be fined not more than $ ; provided that the fine shall not preclude the application of penalties or fines otherwise provided for by law.
§ -12 Automated speed enforcement systems program special fund established. (a) There is established an automated speed enforcement systems special fund to be administered by the department, into which shall be paid revenues collected pursuant to this chapter.
(b) All fines collected under this chapter shall be deposited into the automated speed enforcement 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, operation, management, and maintenance of an automated speed enforcement system. No portion of any fine collected through the use of automated speed enforcement systems may be utilized as general revenue of the implementing jurisdiction.
§ -13 Rules. The department shall adopt rules pursuant to chapter 91, as may be necessary to implement this chapter."
PART IV
SECTION 3. Section 291C-161, Hawaii Revised Statutes, is amended to read as follows:
"§291C-161
Penalties[.]; automated speed enforcement system fines. (a) It
is a violation for any person to violate any of the provisions of this chapter,
except as otherwise specified in subsections (c) and (d) and unless the
violation is by other law of this State declared to be a felony, misdemeanor,
or petty misdemeanor.
(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] $
for a first violation thereof;
(2) Not more than [$300] $
for a second violation committed within one year after the date of the first
violation; and
(3) Not more than [$500] $
for a third or subsequent violation committed within one year after the date of
the first violation.
(c) Every person convicted under or found in violation of section 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14, 291C‑15, 291C-16, 291C-72, 291C-73, 291C-95, 291C-102, 291C-103, 291C-104, or 291C-105 shall be sentenced or fined in accordance with those sections.
(d) Every person who violates section 291C-13 or 291C-18 shall:
(1) Be fined not more than [$200] $
or imprisoned not more than ten days for a first conviction thereof;
(2) Be fined not more than [$300] $
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] $
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.
(e) The court may assess a sum not to exceed $50 for the cost of issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person for any traffic violation.
(f) Fines collected for a violation of part X of chapter
291C pursuant to the automated speed enforcement system established pursuant to
chapter shall be deposited into the automated
speed enforcement systems program special fund established under section
-12 and shall be expended in the county in which the fine was
imposed, for purposes that include the establishment, operation, management,
and maintenance of an automated speed enforcement system.
[(f)] (g) The court may require a person who violates
any of the provisions of this chapter to attend a course of instruction in
driver retraining as deemed appropriate by the court, in addition to any other
penalties imposed."
SECTION 4. Section 291C-163, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This chapter shall not be deemed to prevent counties with respect to streets and highways under their jurisdiction from:
(1) Regulating or prohibiting stopping, standing, or parking except as provided in section 291C-111;
(2) Regulating traffic by means of police officers or official traffic-control devices;
(3) Regulating or prohibiting processions or assemblages on the highways;
(4) Designating particular highways or roadways for use by traffic moving in one direction;
(5) Establishing speed limits for vehicles in public parks;
(6) Designating any highway as a through highway or designating any intersection as a stop or yield intersection;
(7) Restricting the use of highways;
(8) Regulating the operation and equipment of and requiring the registration and inspection of bicycles, including the requirement of a registration fee;
(9) Regulating or prohibiting the turning of vehicles or specified types of vehicles;
(10) Altering or establishing speed limits;
(11) Requiring written accident reports;
(12) Designating no-passing zones;
(13) Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic;
(14) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;
(15) Establishing minimum speed limits;
(16) Designating hazardous railroad grade crossing;
(17) Designating and regulating traffic on play streets;
(18) Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk;
(19) Restricting pedestrian crossing at unmarked crosswalks;
(20) Regulating persons propelling push carts;
(21) Regulating persons upon skates, coasters, sleds, and other toy vehicles;
(22) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions;
(23) Adopting maximum and minimum speed limits on streets and highways within their respective jurisdictions;
(24) Adopting requirements on stopping, standing, and parking on streets and highways within their respective jurisdictions except as provided in section 291C-111;
(25) Prohibiting or regulating electric personal assistive
mobility devices on sidewalks and bicycle paths; [and]
(26) Implementing an automated speed enforcement system pursuant to
chapter ; and
[(26)] (27) Adopting such
other traffic regulations as are specifically authorized by this chapter."
SECTION 5. Section 291C-165, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In every case when a citation is issued, the original of the citation shall be given to the violator; provided that:
(1) In the case of an unattended vehicle, the original of the citation shall be affixed to the vehicle as provided for in section 291C-167; or
(2) In the case of:
(A) A vehicle utilizing the high occupancy vehicle
lane illegally; [or]
(B) A vehicle illegally utilizing a parking space
reserved for persons with disabilities, where the violator refuses the citation;
or
(C) A
motor vehicle determined by means of an automated speed enforcement system
established pursuant to chapter to have exceeded
a speed limit in violation of part X of chapter 291C,
the original of the citation shall be sent by certified
or registered mail, with a return receipt that is postmarked within forty-eight
hours of the time of the incident, as provided in section 291C-223 for vehicles
illegally utilizing the high occupancy vehicle lane, or within seventy-two
hours of the time of the incident for vehicles illegally utilizing a parking
space reserved for persons with disabilities[,] or for vehicles exceeding
a speed limit in violation of part X of chapter 291C, as determined by means of
an automated speed enforcement system, to the registered owner of the
vehicle at the address on record at the vehicle licensing division. If the end of the applicable forty-eight or
seventy-two hour period falls on a Saturday, Sunday, or state holiday,
then the ending period shall run until the end of the next day which is not a
Saturday, Sunday, or state holiday; provided that the administrative
judge of the district courts may allow a carbon copy of the citation to be
given to the violator or affixed to the vehicle and provide for the disposition
of the original and any other copies of the citation."
SECTION 6. Section 291C-194, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Any person who is convicted of violating this
section shall be subject to penalties as provided under section 291C‑161(b)
and [[(f).]] (g)."
PART V
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 for the purposes of establishing the automated speed enforcement systems program to be allocated as follows:
$ to the city and county of Honolulu;
$ to the county of Maui;
$ to the county of Hawaii; and
$ to the county of Kauai.
The sums appropriated shall be expended by the appropriate counties for the purposes of this Act; provided that a county shall elect to implement an automated speed enforcement system as a condition to receiving any funds appropriated by this Act.
PART VI
SECTION 8. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.
SECTION 9. 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 which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2021; provided that part II shall take effect on July 1, 2020.
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INTRODUCED BY: |
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Report Title:
Traffic; Highway Safety; Automated Speed Enforcement; Appropriation
Description:
Establishes the Automated Speed Enforcement Systems Program (Program). Authorizes counties to administer the Program. Requires proceeds of fines to be expended in the county from which they were collected for operation of the Program. Makes an appropriation. Establishes a Speed Committee.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
