REPORT TITLE:
Traffic fines


DESCRIPTION:
Transfers fifty per cent of the fines and forfeitures collected
for uncontested traffic infractions to the counties.  (HB1052
HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1052
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO GOVERNMENT.



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

 1      SECTION 1.  Chapter 291C, 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
 
 5 county.  (a)  For the purposes of this section:
 
 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 infraction
 
11 if, in accordance with section 291D-6(b)(1), the person admits
 
12 the commission of the infraction without requesting a hearing to
 
13 explain mitigating circumstances and pays or remits bail
 
14 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, fifty per cent of all the fines and forfeitures
 
18 collected for uncontested traffic infractions committed in that
 
19 county, which are in excess of amounts required by the State to
 
20 pay the administrative costs of the traffic violations bureau.
 

 
Page 2                                                     1052
                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
 
 
 
 
 
 
Page 3                                                     1052
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect on July 1, 1999;
 
 4 provided that fines collected pursuant to section 1 of this Act
 
 5 shall apply to collections beginning July 1, 1999.