HOUSE OF REPRESENTATIVES

H.B. NO.

2649

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE STATEWIDE TRAFFIC CODE.

 

 

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

 


     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"part   .  county vehicle boot programs

     §   -1  Definitions.  As used in this part:

     "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power but not operated upon rails.

     "Owner" means a person, other than a lien holder, having the property in or title to a vehicle.  The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

     "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, excluding mopeds, bicycles, devices other than bicycles moved by human power, and devices used exclusively upon stationary rails or tracks.

     "Vehicle boot" means a device that is clamped onto both the inside and outside of a wheel rim of a motor vehicle to prevent the operation of the vehicle.

     §   -2  Vehicle boot program; counties; establishment.  Any county may establish a vehicle boot program that identifies motor vehicle owners with outstanding motor vehicle violations and authorizes the use of vehicle boots to immobilize the motor vehicle owner's motor vehicle until the violations are resolved.

     §   -3  Vehicle boot program; costs.  (a)  Notwithstanding section 46-1.5(24)(A), a county that has established a vehicle boot program pursuant to this part may assess fees to offset costs, including the cost of affixing or disengaging a vehicle boot, on a motor vehicle owner who is subject to the county's motor vehicle boot program.

     (b)  Vehicle boot program costs shall be in addition to any fines, forfeitures, and penalties paid to or imposed by the district court for traffic infractions.

     (c)  All funds collected under this part shall be paid to the general fund of the county that assessed the fines, costs, or fees collected under a vehicle boot program.

     §   -4  Collection of fines, fees, costs, and vehicle boot program costs.  (a)  Notwithstanding section 46-1.5(24)(A), a county may institute proceedings on behalf of the State and the county against an owner in violation of that county's vehicle boot program to collect fines, costs, and fees, including interest and attorney's fees, as a civil judgment in a court of competent jurisdiction.  The proceeds of the judgment shall be allocated as provided in section 291C-111.  The county shall apply its allocation of proceeds received under this section in the following order of priority:

     (1)  To vehicle boot program costs;

     (2)  To court costs;

     (3)  To attorney's fees;

     (4)  To penalties; and

     (5)  To other costs.

     (b)  If a county has not used its vehicle boot program to enforce a violation, or if, notwithstanding its use of the program, the county has not instituted proceedings under subsection (a) within ninety days of the date on which the boot was affixed to the motor vehicle, the state attorney general may institute proceedings to collect any fines, costs, and fees, including interest and attorney's fees, and other fees or costs pertaining to the violation as a civil judgment in a court of competent jurisdiction.  Any vehicle boot program costs recovered by the attorney general shall be allocated as provided in section 291C-111."

     SECTION 2.  Section 291C-111, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  With respect to highways under their respective jurisdictions, the director of transportation is authorized to and the counties by ordinance may prohibit or restrict the stopping, standing, or parking of vehicles where the stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would interfere unduly with the free movement of traffic; provided that the violation of any law or any ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall constitute a traffic infraction.  The counties shall not provide any other penalty, civil or criminal, or any other charge, in the form of rental or otherwise, in place of or in addition to the fine to be imposed by the district court for any violation of any ordinance prohibiting or restricting the stopping, standing, or parking of vehicles[.], other than a fine, fee, or cost assessed pursuant to a vehicle boot program established under part     of chapter 46.

     This section shall not be construed as prohibiting the authority of the director of transportation or the counties to allow the stopping, standing, or parking of motor vehicles at a "T-shaped" intersection on highways under their respective jurisdictions; provided that such stopping, standing, or parking of motor vehicles is not dangerous to those using the highway or where the stopping, standing, or parking of motor vehicles would not unduly interfere with the free movement of traffic.

     The appropriate police department and county or prosecuting attorney of the various counties shall enforce any law or ordinance prohibiting or restricting the stopping, standing, or parking of vehicles, including but not limited to the issuance of parking tickets.  Any person committing a violation of any law or ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall be subject to a fine to be enforced and collected by the district courts of this State and to be deposited into the state general fund for state use[.]; provided that fifty per cent of the fines, fees, or costs collected pursuant to a vehicle boot program established pursuant to part    of chapter 46 shall be paid to the respective county general fund and the remaining fifty per cent of the fines, fees, or costs collected pursuant to a vehicle boot program established pursuant to part    of chapter 46 shall be paid to the state general fund."

     SECTION 3.  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)  Adopting such other traffic regulations as are specifically authorized by this chapter[.]; or

    (27)  Establishing a vehicle boot program pursuant to part     of chapter 46."

     SECTION 4.  Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-171  Disposition of fines and forfeitures.  (a)  All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments collected relating to the commission of traffic infractions shall be paid to the director of finance of the State[.]; provided that fifty per cent of the fines, fees, or costs collected pursuant to a vehicle boot program established pursuant to part     of chapter 46 shall be paid to the general fund of the county that assessed the fines, fees, or costs and the remaining fifty per cent of the fines, fees, or costs collected pursuant to a vehicle boot program established pursuant to part     of chapter 46 shall be paid to the state general fund.

     (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[.]; provided that fifty per cent of the penalties collected pursuant to a vehicle boot program established pursuant to part     of chapter 46 shall be paid to the general fund of the county that issued the traffic citation at issue and fifty per cent of the penalties collected pursuant to a vehicle boot program established pursuant to part     of chapter 46 shall be paid to the state general fund."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.


 


 

Report Title:

Vehicle Boot Program; Counties

 

Description:

Authorizes the counties to implement a vehicle boot program to place a vehicle boot on vehicles of an owner with outstanding motor vehicle violations until those violations are resolved.  Provides for fifty per cent of the fines, fees, and costs collected via the vehicle boot program to be paid into the state general fund and fifty per cent into the respective county general fund. (HB2649 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.