1052
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO GOVERNMENT.



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

 1      SECTION 1.  Chapter 219C, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "291C-   Transmittal of traffic fines and forfeitures to
 
 
 6      "Traffic infractions" means the same as defined under
 
 7 section 291D-2.
 
 8      "Uncontested traffic infraction" means a traffic infraction
 
 9 for which the person noticed under section 291D-5 does not
 
10 contest the infraction.  A person "does not contest" an
 
11 infraction if, in accordance with section 291D-6 (b) (1), the
 
12 person admits the commission of the infraction without requesting
 
13 a hearing to explain mitigating circumstances and pays or remits
 
14 bail forfeiture by mail within thirty days.
 
15      (b)  The state director of finance shall transmit to each
 
16 county, not more than thirty days after the end of each fiscal
 
17 quarter, 50 percent of all the fines and forfeitures collected
 
18 for uncontested traffic infractions committed in that county,
 
19 which are in excess of amounts required by the State to pay the
 

 
a                                                     BUF-38(99)
Page 2                                                     1052
                                     H.B. NO.           
                                                        
                                                        

 
 1 administrative costs of the Traffic Violations Bureau.
 
 2      (c)  This section shall not apply to:
 
 3      (1)  Fines and forfeitures for violation that occur on state
 
 4           off-street parking facilities, parks, airports and
 
 5           harbors that are subject to enforcement by the State;
 
 6           and
 
 7      (2)  Fines and forfeitures that are required by law to be
 
 8           paid into a special, revolving, or trust fund.
 
 9      No county shall be entitled to any portion of the fines and
 
10 forfeitures described in this subsection."
 
11      SECTION 2.  Section 291C-171, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "291C-171  Disposition of fines and forfeitures.  (a)  All
 
14 fines and forfeitures collected upon conviction or upon the
 
15 forfeiture of bail of any person charged with a violation of any
 
16 section or provision of the state traffic laws and all
 
17 assessments collected relating to the commission of traffic
 
18 infractions shall be paid to the director of finance of the
 
19 State.  The judiciary shall identify those uncontested fines as
 
20 defined in 291C-   .  The disposition of fines and forfeitures
 
21 paid to the state director of finance shall be subject to section
 
22 291C-   ."
 
23      SECTION 3.  Statutory material to be repealed is bracketed.
 

 
a                                                     BUF-38(99)
Page 3                                                     1052
                                     H.B. NO.           
                                                        
                                                        

 
 1 New statutory material is underscored.
 
 2      SECTION 4.  This Act shall take effect on July 1, 1999,
 
 3 provided that fines collected pursuant to section 291C-___ shall
 
 4 apply to collections beginning July 1, 1999.
 
 5 
 
 6                           INTRODUCED BY:  _______________________
 

 
a                                                     BUF-38(99)