REPORT TITLE:
Red light/Speed Imaging


DESCRIPTION:
Extends length of the three-year photo red light imaging and
photo speed imaging detector demonstration project for two more
years.  Allows the use of photo technology systems to identify
drivers in violation of designated uses of high occupancy vehicle
lanes.  Authorizes the department of transportation to retain and
pay contractors for the project.  Establishes the traffic
enforcement demonstration project.  Appropriates funds.  Makes
other housekeeping changes.  (HB1759 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                     
                                                        1759
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO TRAFFIC ENFORCEMENT.



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

 1      SECTION 1.  Section 291C-165, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  In every case when a citation is issued, the original
 
 4 of the citation shall be given to the violator; provided that:
 
 5      (1)  In the case of an unattended vehicle, the original of
 
 6           the citation shall be affixed to the vehicle as
 
 7           provided for in section 291C-167; or
 
 8      (2)  In the case of:
 
 9           (A)  A vehicle utilizing the high occupancy vehicle
 
10                lane illegally; or
 
11           (B)  A traffic or other violation on a controlled
 
12                access facility that is recorded through the use
 
13                of a hand-held or mounted video camera,
 
14                conventional camera, or digital camera that
 
15                produces photographic identification of a vehicle,
 
16           the original of the citation shall be sent [by
 
17           certified or registered mail, with a return receipt
 
18           that is postmarked within forty-eight hours of the time
 
19           of the incident,] within three days of the date of the
 
20           incident by certified mail, registered mail, or first
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1           class mail with a certificate of mailing obtained as
 
 2           evidence of service to the registered owner of the
 
 3           vehicle at the address on record at the vehicle
 
 4           licensing division [as provided in section 291C-223].
 
 5           If the end of the [forty-eight-hour] three-day period
 
 6           falls on a Saturday, Sunday, or holiday, then the
 
 7           ending period shall run until the end of the next day
 
 8           which is not a Saturday, Sunday, or holiday; provided
 
 9           that the administrative judge of the district courts
 
10           may allow a [carbon] copy of the citation to be given
 
11           to the violator or affixed to the vehicle and provide
 
12           for the disposition of the original and any other
 
13           copies of the citation."
 
14      SECTION 2.  Section 291C-223, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]291C-223[]]  Summons or citation for illegal use of
 
17 high occupancy vehicle lane.  Whenever any motor vehicle is
 
18 observed operating in a high occupancy vehicle lane without the
 
19 prescribed number of passengers, the officer observing the
 
20 vehicle shall[:
 
21      (1)  Cause] cause a summons or citation [as described in
 
22           section 291C-165] to be issued at the scene of the
 
23           violation to the operator of the vehicle[;] or
 

 
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 1      [(2) Make every reasonable effort to be seen by the operator
 
 2           of the vehicle and record evidence of the violation by
 
 3           taking any information displayed on the vehicle that
 
 4           may identify its] be sent by mail to the registered
 
 5           owner [and cause a summons or citation] of the vehicle
 
 6           as described in section 291C-165 [to be sent by
 
 7           certified or registered mail, with a return receipt
 
 8           that is postmarked within forty-eight hours of the time
 
 9           of the incident, to the registered owner of the vehicle
 
10           at the address on record at the vehicle licensing
 
11           division.  If the end of the forty-eight hour period
 
12           falls on a Saturday, Sunday, or holiday, then the
 
13           ending period shall run until the end of the next day
 
14           which is not a Saturday, Sunday, or holiday.  Upon
 
15           receipt, the registered owner shall be given fourteen
 
16           days to respond to the summons or citation by:
 
17           (A)  Paying a fine by mail; or
 
18           (B)  Requesting that a hearing be set on the matter.
 
19           A mail receipt signed by the registered owner is prima
 
20           facie evidence of notification]."
 
21      SECTION 3.  Act 234, Session Laws of Hawaii 1998, is amended
 
22 as follows:
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      1.  By adding two new sections to read:
 
 2      "SECTION 17A.  Police matters.  County police are authorized
 
 3 and encouraged to provide oversight and all police services
 
 4 required for the traffic enforcement demonstration project;
 
 5 provided that to the extent necessary to implement this Act, the
 
 6 powers of police officers for the enforcement of sections 291C-
 
 7 32(a)(3), 291C-38(c), and 291C-102, Hawaii Revised Statutes, are
 
 8 conferred upon the director of transportation and such of the
 
 9 officers, employees, and agents and representatives of the
 
10 department as may be designated by the director to exercise such
 
11 powers.
 
12      For the purposes of this section, "agents and
 
13 representatives of the department" includes persons performing
 
14 services under contracts with the department pursuant to this
 
15 Act.
 
16      SECTION 17B.  Photo enforcement revolving fund.  (a)  There
 
17 is established a photo enforcement revolving fund in the state
 
18 treasury to be administered by the department of transportation.
 
19 Notwithstanding any law to the contrary, the department may
 
20 expend moneys from this revolving fund; provided that no
 
21 expenditure shall be made from and no obligation shall be
 
22 incurred against the revolving fund in excess of the amount
 
23 standing to the credit of the fund.
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (b)  All payments to the State resulting from citations and
 
 2 summons authorized under section 10 shall be deposited into the
 
 3 photo enforcement revolving fund; provided that any interest
 
 4 earned shall be deposited into the general fund.
 
 5      (c)  The department shall use the photo enforcement
 
 6 revolving fund to pay contractors and purchase county police
 
 7 oversight and services necessary for implementation of the
 
 8 traffic enforcement demonstration project.
 
 9      (d)  Notwithstanding any law to the contrary, the department
 
10 may also use up to twenty per cent of the photo enforcement
 
11 revolving fund to pay for any nonrecurring state and county
 
12 expenses and any temporary state positions needed to implement
 
13 the traffic enforcement demonstration project and administer the
 
14 revolving fund.
 
15      (e)  The department shall deposit that portion of the
 
16 revolving fund not needed for purposes of this section into the
 
17 general fund."
 
18      2.  By amending section 1 to read:
 
19      "SECTION 1.  The legislature finds that traffic violations
 
20 in Hawaii, especially on the island of Oahu, have become
 
21 intolerable, particularly the offenses of speeding and running
 
22 red lights.  Both of these violations endanger the lives of
 
23 residents and compound the already hazardous conditions for both
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 pedestrians and motorists on Hawaii's roads and highways.  News
 
 2 items are increasingly common that describe hit-and-run drivers
 
 3 who have run over small children or the elderly, both inside and
 
 4 outside crosswalks, who may not be able to react quickly enough
 
 5 to a racing drunk driver or someone speeding through an
 
 6 intersection after the light has already turned red.
 
 7      The legislature further finds that two recent technological
 
 8 innovations that address the hazards caused by speeding and
 
 9 disregarding red lights have already been in place and
 
10 demonstrated their reliability and effectiveness in other
 
11 jurisdictions--namely, photo speed imaging detector and photo red
 
12 light imaging systems.  The legislature finds that these
 
13 innovations--both of which are completely automated--are
 
14 appropriate for Hawaii's increasingly deteriorating traffic
 
15 conditions, and are capable of safely and efficiently diffusing
 
16 dangerous traffic control problems while at the same time freeing
 
17 up police officers to handle more pressing problems.
 
18      The photo speed imaging detector system is a unit that
 
19 mounts in a [sport utility] vehicle or [van] on a pole or bridge
 
20 that detects, photographs, and records information on speeders.
 
21 [A vehicle with the speed detector unit is parked at the roadside
 
22 and monitors the speeds of passing motorists, and is linked to a
 
23 controlled console with a central processor and speed display.]
 

 
Page 7                                                     1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 When a vehicle exceeding a preset threshold speed enters the beam
 
 2 of the unit's speed detector, a high resolution camera
 
 3 photographs the [front of the] vehicle, capturing the [front]
 
 4 license plate[, while a second camera photographs the rear of the
 
 5 vehicle.  The scene is lit by a powerful strobe flash for] and
 
 6 providing evidentiary quality images.  Tickets are [processed
 
 7 automatically, so there is no need for an officer to make a stop
 
 8 and issue a ticket.  In addition, since the violator's face and
 
 9 license plate are on record, compliance rates are considerably
 
10 higher than with officer-generated tickets.
 
11      The legislature finds that a photo speed imaging detector
 
12 system is safe, quick, cost-effective, and efficient.] generated
 
13 and mailed to the registered vehicle owner without need for a
 
14 police officer to stop a speeding vehicle and issue a ticket to
 
15 the driver.  With no stop involved, [the] no police officer is
 
16 [not] at risk from passing traffic or armed violators.  Moreover,
 
17 while a motivated [traffic] police officer may average fifteen or
 
18 twenty speeding tickets per shift, the photo speed imaging
 
19 detector system can [write] generate two speeding tickets per
 
20 second.
 
21      The photo speed imaging detector system [is essentially] can
 
22 be a turnkey operation; all of the equipment, [including a fully-
 
23 outfitted police vehicle, speed detector systems, printer, film
 

 
Page 8                                                     1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 or image processing,] and all supplies, as well as [officer]
 
 2 training, [are] can be provided by a private company.  The
 
 3 private company [identifies] can use pictures of license plates
 
 4 to identify vehicle owners, [prints] print and [mails] mail
 
 5 tickets, [monitors] monitor compliance, and [makes] make regular
 
 6 status reports[.  The company also charges] in exchange for a
 
 7 small fee per paid ticket[, while the violator pays for
 
 8 everything else].
 
 9      In addition, only one police officer using the photo speed
 
10 imaging detector system can be as productive, if only in terms of
 
11 numbers of traffic tickets issued, as an entire traffic division.
 
12 Officers can be assigned higher priority duties, while the system
 
13 handles speed enforcement.  Finally, these systems have proven
 
14 their reliability for over twenty years in police departments in
 
15 countries around the world.
 
16      The second major innovation is the photo red light imaging
 
17 system.  In this system, a camera is positioned at
 
18 [intersections] an intersection where red light violations are [a
 
19 major cause of collisions.] common.  Rather than placing an
 
20 officer at the intersection full-time, the red light camera
 
21 serves as a twenty-four hour deterrent to running a red light.
 
22 [Sensors are buried under a crosswalk leading] Buried vehicle
 
23 sensors are connected to traffic signals and to a self-contained
 

 
Page 9                                                     1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 camera system that is mounted on a nearby pole.  When a vehicle
 
 2 enters the intersection against a red light, the camera takes a
 
 3 telephoto color picture of the [rear of the] car as it rolls over
 
 4 the stop bar, capturing the [rear] license plate as evidence.  A
 
 5 second wide-angle photograph takes in the entire intersection,
 
 6 including other traffic.
 
 7      A sign may be posted at the intersection indicating that it
 
 8 is a photo-monitored intersection; however, the camera can be
 
 9 moved to different poles or intersections that are equipped to
 
10 hold the camera, so that motorists do not know when they are
 
11 being photographed.  As with the photo speed imaging detector
 
12 system, the private company that supplies the photo red light
 
13 [camera] imaging system also processes [the film,] pictures,
 
14 accesses motor vehicle records, checks the pictures of license
 
15 [plate] plates against registration records, and mails out
 
16 citations.
 
17      The legislature finds that the photo red light imaging
 
18 system, like the photo speed imaging detector system, [also] has
 
19 numerous benefits.  As with the photo speed imaging detector
 
20 system, not only are streets safer after the implementation of
 
21 the system, but police officers are freed from time-consuming
 
22 traffic stops and have more time to make priority calls.  A
 
23 violator is less likely to [go to court,] contest tickets since
 

 
Page 10                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 the color photograph of the violation in progress, with
 
 2 appropriate information imprinted, can be used as evidence in
 
 3 court.  [Imprinted on the photograph are the time, date, and
 
 4 location of the violation; the number of seconds the light had
 
 5 been red before the violator entered the intersection; and the
 
 6 violator's speed.]  Few cases are contested in other
 
 7 jurisdictions using this system, and police officers make fewer
 
 8 court appearances, resulting in cost savings.
 
 9      The legislature realizes that Hawaii's prior conversion to
 
10 administrative adjudication of traffic offenses has eliminated
 
11 the need for police officers to testify in most cases.  However,
 
12 to the extent that fewer citations are actually contested, cost
 
13 savings will be realized and contested cases will receive a
 
14 faster hearing.  More importantly, [compliance with traffic laws
 
15 has generally increased in those jurisdictions;] installation of
 
16 this type of system has had an immediate effect on the behavior
 
17 of drivers and has nearly eliminated violations in other
 
18 jurisdictions.
 
19      The legislature finds that the implementation of both photo
 
20 speed imaging detector and photo red light imaging systems will
 
21 result in an increase in driver awareness, leading to a reduction
 
22 in [traffic speeds] speeding and red light violations, and [may
 
23 also result in lower insurance costs for safe drivers with] an
 

 
Page 11                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 overall reduction in crashes and injuries.  A reduction in
 
 2 crashes and injuries in turn will result in lower costs for auto
 
 3 insurance, workers' compensation, and public assistance.
 
 4 Moreover, [these programs place the cost of the programs on the
 
 5 violators, not the taxpayers.  Traffic] with use of photo speed
 
 6 imaging detector and photo red light imaging systems, traffic
 
 7 laws [are] will be enforced without discrimination, and safety
 
 8 and efficiency [are] will be increased by reducing the number of
 
 9 high-speed chases and the number of personnel required for
 
10 traffic accident clean-up, investigation, and court testimony.
 
11      In addition, the legislature finds that there is a need to
 
12 exempt contracts entered into with the private [company]
 
13 companies that [is to] supply the photo speed imaging detector
 
14 and photo red light imaging systems from the civil service,
 
15 compensation, and collective bargaining laws.  In Konno v. County
 
16 of Hawaii, 85 Haw. 61, 937 P.2d 397 (1997), the Hawaii Supreme
 
17 Court adopted the "nature of the services" test, holding that the
 
18 protection of the civil service laws extends to those services
 
19 that have been "customarily and historically" provided by civil
 
20 servants.  Because police officers may be held to be customarily
 
21 and historically responsible for issuing tickets to speeding
 
22 motorists and other functions that may now be contracted out to a
 
23 private entity, there is a need to specifically exempt any such
 

 
Page 12                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 contracts from the civil service and compensation laws so that
 
 2 those contracts are not voided by Konno.  Although the Konno
 
 3 opinion did not reach the decision whether privatization is
 
 4 subject to mandatory collective bargaining, this Act also exempts
 
 5 contracts entered into with a private entity from collective
 
 6 bargaining laws as well, to ensure that these contracts are not
 
 7 subsequently voided for failure to comply with those laws as a
 
 8 result of a subsequent court interpretation.
 
 9      Finally, the legislature finds that [speeding--whether on a
 
10 highway or through a red light--frequently causes injury and
 
11 death.  When] when speeding occurs, [the] accidents [involved]
 
12 are almost always more serious.  Photo speed imaging detector and
 
13 photo red light imaging systems have been proven in many
 
14 locations throughout the United States, Canada, Europe, and
 
15 numerous other countries around the world as deterrents to red
 
16 light traffic violations and speeding and, consequently, injuries
 
17 and death.  The legislature finds that there is an immediate need
 
18 to remedy the steadily worsening traffic conditions in Hawaii,
 
19 and that the implementation of photo speed imaging detector and
 
20 photo red light imaging systems will help to protect the health,
 
21 safety, and welfare of the people of this State, while at the
 
22 same time offering substantial cost savings and increased
 
23 revenues.
 

 
Page 13                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      The purpose of this Act is to:
 
 2      (1)  Establish a [three-year] demonstration project in
 
 3           selected areas on state or county highways [in each of
 
 4           the counties] to provide for the implementation of
 
 5           photo speed imaging detector and photo red light
 
 6           imaging systems to improve traffic enforcement; and
 
 7      (2)  Allow the [county] department of transportation to
 
 8           contract with [an] appropriate [provider] providers of
 
 9           these systems pursuant to the public procurement laws
 
10           while:
 
11           (A)  Exempting such contracts from civil service,
 
12                compensation, and collective bargaining laws;
 
13           (B)  Permitting the contractor to have access to
 
14                information as set forth in this Act; and
 
15           (C)  Allowing the contractor to issue citations or
 
16                summonses by mail."
 
17      3.  By amending section 5 by amending the definitions of
 
18 "photo speed imaging detector" and "photo red light imaging" to
 
19 read:
 
20      ""Photo speed imaging detector" means a device used for
 
21 traffic enforcement consisting substantially of a speed
 
22 [reduction] measurement unit and a video, conventional, or
 
23 digital camera [mounted in or on a vehicle] that automatically
 

 
Page 14                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 produces photographic identification of a vehicle traveling in
 
 2 excess of the legal speed limit in violation of section 291C-102,
 
 3 Hawaii Revised Statutes.
 
 4      "Photo red light imaging" means a device used for traffic
 
 5 enforcement consisting substantially of a vehicle sensor
 
 6 installed to work in conjunction with a traffic-control signal
 
 7 and a video, conventional, or digital camera that automatically
 
 8 produces photographic identification of a vehicle which
 
 9 disregards a steady red signal in violation of section 291C-
 
10 32(a)(3), Hawaii Revised Statutes."
 
11      4.  By amending section 7 to read:
 
12      "SECTION 7.  Photo speed imaging detector system.(a)
 
13 Subject to this Act, [each county] the department may establish a
 
14 photo speed imaging detector system imposing monetary liability
 
15 on the registered owner of a motor vehicle for failure to comply
 
16 with speeding laws in accordance with this Act.  [Each county]
 
17 The department, in consultation with county police, may provide
 
18 for the installation and operation of photo speed imaging
 
19 detector systems on no more than twenty-five state or county
 
20 highways at any one time in any county.
 
21      (b)  Proof of a speeding violation shall be evidenced by
 
22 information obtained from the photo speed imaging detector system
 
23 authorized pursuant to this Act.  A certificate, sworn to or
 

 
Page 15                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 affirmed by the contractor or the contractor's agent or employee,
 
 2 or a facsimile thereof, based upon inspection of photographs,
 
 3 microphotographs, videotape, or other recorded images produced by
 
 4 the system, shall be prima facie evidence of the facts contained
 
 5 therein.  Any photographs, microphotographs, videotape, or other
 
 6 recorded images, including digitally produced images, evidencing
 
 7 a violation shall be available for inspection in any proceeding
 
 8 to adjudicate the liability for that violation.
 
 9      (c)  A contractor may issue a citation or summons pursuant
 
10 to section 10 on the basis of a photo speed imaging detector if
 
11 the following conditions are met:
 
12      (1)  The photo speed imaging detector equipment is operated
 
13           by a [uniformed] police officer [out of a marked police
 
14           vehicle;] or a contractor who is authorized to operate
 
15           the equipment pursuant to this Act; and
 
16     [(2)  An indication of the speed of the motor vehicle is
 
17           displayed within one hundred fifty feet of the location
 
18           of the photo speed imaging detector unit;
 
19      (3)] (2)  Signs indicating that speeds are enforced by a
 
20           photo speed imaging detector are posted [on all major
 
21           routes entering the area in question,] as far as
 
22           practicable, providing notice to a motorist that a
 
23           photo speed imaging detector may be used[; and
 

 
Page 16                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (4)  The photo speed imaging detector system is used for no
 
 2           more than four hours per day in any one location from
 
 3           thirty minutes after sunrise to thirty minutes before
 
 4           sunset].
 
 5 The conditions specified in this subsection shall not apply when
 
 6 the information gathered is used for highway safety research or
 
 7 to issue warning citations not involving a fine, court
 
 8 appearance, or a person's driving record."
 
 9      5.  By amending subsection (a) of section 8 to read:
 
10      "(a)  Subject to this Act, [each county] the department may
 
11 establish a photo red light imaging system imposing monetary
 
12 liability on the operator of a motor vehicle for failure to
 
13 comply with traffic-control signal laws in accordance with this
 
14 Act.  [Each county] The department, in consultation with county
 
15 police, may provide for the installation and operation of photo
 
16 red light imaging systems at no more than twenty-five
 
17 intersections in any one county at any one time."
 
18      6.  By amending subsections (c) and (d) of section 10 to
 
19 read:
 
20      "(c)  Every citation shall be consecutively numbered and
 
21 each [carbon] copy shall bear the number of its respective
 
22 original.
 

 
 
 
Page 17                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (d)  Upon receipt, the registered owner shall respond as
 
 2 provided for in chapter 291D, Hawaii Revised Statutes.  [A mail
 
 3 receipt signed by the registered owner is prima facie evidence of
 
 4 notification.] Service of a citation by certified mail,
 
 5 registered mail, or first class mail with a certificate of
 
 6 mailing obtained as evidence of service to the registered owner,
 
 7 at the registered owner's address on record at the vehicle
 
 8 licensing division, is prima facie evidence of notification.  The
 
 9 registered owner shall be determined by the identification of the
 
10 vehicle's registration plates."
 
11      7.  By amending subsection (b) of section 16 to read:
 
12      "(b)  [The request for proposals shall be from a list of
 
13 applicants prequalified by the department and each county, and
 
14 shall be applicable to any contract between a county and any
 
15 contractor entered into under the authority of this Act.
 
16 Standards for prequalification] Qualification of applicants under
 
17 this section shall be determined by the department before the
 
18 commencement of the selection process; provided that any contract
 
19 entered into under this Act, at a minimum, shall be negotiated
 
20 with [the private entity found most qualified.  The contractor
 
21 shall demonstrate that it] a contractor that has the
 
22 qualifications and experience necessary to carry out and expedite
 
23 the terms of the contract and the ability to comply with
 

 
Page 18                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 applicable laws and court orders.  [Each contract entered into by
 
 2 a county may include any other requirements that the director
 
 3 considers necessary and appropriate for carrying out the purposes
 
 4 of this Act.]"
 
 5      8.  By amending subsections (c) through (e) of section 17 to
 
 6 read:
 
 7      "(c)  [The] Each contract shall specify such matters as are
 
 8 deemed relevant by the State[, each county,] and the contractor,
 
 9 and shall be approved as to form and content by the attorney
 
10 general; provided that the contract:
 
11      (1)  Shall not specify any condition for the issuance of a
 
12           citation or summons other than as provided by this Act
 
13           or other applicable state law;
 
14      (2)  Shall prohibit the contractor, or the contractor's
 
15           agents or employees, from engaging in any activities
 
16           prescribed for police officers pursuant to chapter 52D
 
17           or section 291C-164, Hawaii Revised Statutes, or any
 
18           other provision of law relating to law enforcement or
 
19           the use of force, except as otherwise provided in this
 
20           Act;
 
21      (3)  Shall specify that personal and confidential
 
22           information used for the [projects] project shall
 
23           become the property of [each county] the State at the
 

 
Page 19                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1           end of the contract, that all data shall be returned to
 
 2           [that county,] the State, and that the contractor may
 
 3           use information obtained from the State or [that] a
 
 4           county only as is necessary to carry out the provisions
 
 5           of the contract and the purposes of this Act;
 
 6      (4)  Shall make the data accessible to the contractor, as
 
 7           set forth in subsection (b)(7);
 
 8      (5)  Shall provide appropriate security for the data system
 
 9           and equipment; and
 
10      (6)  Shall specify that motor vehicle registration records
 
11           obtained pursuant to the contract, and as set forth in
 
12           sections 286-45 and 286-172, Hawaii Revised Statutes,
 
13           are personal and confidential information and may be
 
14           used only for services related to issuance of traffic
 
15           citations and court purposes.
 
16      (d)  No contract shall extend or be renewed beyond May 1,
 
17 2003, unless [a county, with the concurrence of] the director[,]
 
18 determines that the contract offers demonstrable benefits to
 
19 [that county as documented by the county.] the State.
 
20      (e)  [A county,] The director, upon demonstration that a
 
21 breach of contract has occurred and that after the passage of a
 
22 reasonable period of time the breach has not been cured, and
 
23 without penalty to [that] the department or any county, may
 

 
Page 20                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 cancel a contract at any time after giving three-months' prior
 
 2 written notice."
 
 3      9.  By amending subsection (g) of section 17 to read:
 
 4      "[(g)](f)  Notwithstanding any other law to the contrary,
 
 5 any contracts entered into by [a county] the department with a
 
 6 contractor pursuant to this section shall not be subject to
 
 7 chapters 76, 77, and 89, or section 46-33, Hawaii Revised
 
 8 Statutes."
 
 9      10.  By amending section 29 to read:
 
10      "SECTION 29.  This Act shall take effect on July 1, 1998;
 
11 provided that on July 1, [2001,] 2003, this Act shall be repealed
 
12 and sections 286-45, 286-172(a), and 291C-163(a), Hawaii Revised
 
13 Statutes, are reenacted in the form in which they read on
 
14 June 30, 1998."
 
15      SECTION 4.  Act 234, Session Laws of Hawaii 1998, as amended
 
16 by Act 263, Session Laws of Hawaii 1999, is amended as follows:
 
17      1.  By amending section 2 to read:
 
18      "SECTION 2.  Section 286-45, Hawaii Revised Statutes, is
 
19 amended by amending subsection (b) to read as follows:
 
20      "(b)  Any private contractor that has entered into a
 
21 contract with [a county] the department to implement the traffic
 
22 enforcement demonstration project pursuant to section 5 et seq.
 
23 of Act 234, Session Laws of Hawaii 1998, may obtain from [the]
 

 
Page 21                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 any county finance director the names and addresses of registered
 
 2 motor vehicle owners, which shall be used only as is necessary to
 
 3 carry out the provisions of the contract and the purposes of that
 
 4 Act and may not otherwise be publicly disclosed.""
 
 5      2.  By amending section 3 to read:
 
 6      "SECTION 3.  Section 286-172, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  Subject to authorization granted by the chief justice
 
 9 with respect to the traffic records of the violations bureaus of
 
10 the district courts and of the circuit courts, the director of
 
11 transportation shall furnish information contained in the
 
12 statewide traffic records system in response to:
 
13      (1)  Any request from a state, a political subdivision of a
 
14           state, or a federal department or agency, or any other
 
15           authorized person pursuant to rules adopted by the
 
16           director of transportation under chapter 91;
 
17      (2)  Any request from a person having a legitimate reason,
 
18           as determined by the director, as provided under the
 
19           rules adopted by the director under paragraph (1), to
 
20           obtain the information for verification of vehicle
 
21           ownership, traffic safety programs, or for research or
 
22           statistical reports;
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (3)  Any request from a person required or authorized by law
 
 2           to give written notice by mail to owners of vehicles;
 
 3           or
 
 4      (4)  Any request from a private contractor that has entered
 
 5           into a contract with [a county as may be necessary] the
 
 6           department to implement the traffic enforcement
 
 7           demonstration project pursuant to section 5 et seq. of
 
 8           Act 234, Session Laws of Hawaii 1998[.  The private
 
 9           contractor may obtain from the director of
 
10           transportation the]; provided that names and addresses
 
11           of registered motor vehicle owners[, which] shall be
 
12           used only as is necessary to carry out the provisions
 
13           of the contract and the purposes of that Act and may
 
14           not otherwise be publicly disclosed.""
 
15      3.  By amending section 5 by amending the definition of
 
16 "photo technology system" to read:
 
17      ""Photo technology system" means hand-held or mounted
 
18 videocameras, conventional cameras, or digital cameras, [other
 
19 than photo speed imaging detectors or photo red light imaging
 
20 devices,] that are used to improve traffic enforcement [and
 
21 reduce traffic congestion] by producing photographic
 
22 identification of a vehicle [which] that crosses longitudinal
 
23 traffic lane markings in violation of section 291C-38(c)[.]or
 

 
Page 23                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 that is operated in a high occupancy vehicle lane in violation of
 
 2 section 291C-222(c). "Photo technology system" may also include
 
 3 thermal sensing devices used to determine the occupancy of a
 
 4 vehicle in a high occupancy vehicle lane."
 
 5      4.  By amending section 6 to read:
 
 6      "SECTION 6.  Traffic enforcement demonstration project.(a)
 
 7 Subject to this Act, [each county] the department may establish a
 
 8 [three-year] demonstration project in selected areas of [that
 
 9 county] the State to provide for the implementation of photo red
 
10 light imaging, photo speed imaging detector, or photo technology
 
11 systems to improve traffic enforcement as provided in this Act.
 
12 The demonstration project shall be limited to state or county
 
13 highways and shall document the effectiveness of these systems.
 
14 The contractor shall provide a public information campaign to
 
15 inform local drivers about the use of these systems before any
 
16 citation or summons is actually issued.
 
17      (b)  Notwithstanding any other law to the contrary, the
 
18 demonstration project may include the use of photo technology
 
19 systems in addition to photo red light imaging or photo speed
 
20 imaging detector systems, including hand-held or mounted video
 
21 cameras, conventional cameras, or digital cameras to improve
 
22 traffic enforcement and reduce traffic congestion, particularly
 

 
 
 
Page 24                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 on controlled access facilities on Oahu.  These photo technology
 
 2 systems:
 
 3      (1)  May be operated by either private contractors or county
 
 4           police department personnel at the election of the
 
 5           police chief of each county;
 
 6      (2)  Shall be used only to produce photographic
 
 7           identification of vehicles, which are operated in
 
 8           violation of [section]:
 
 9           (A)  Section 291C-38(c), Hawaii Revised Statutes,
 
10                regarding longitudinal traffic lane markings[.];
 
11                and
 
12           (B)  Section 291C-222(c), Hawaii Revised Statutes,
 
13                regarding designated uses of high occupancy
 
14                vehicle lanes."
 
15      5.  By amending subsections (a) and (b) of section 8A to
 
16 read:
 
17      "(a)  Subject to this Act, [each county] the department may
 
18 establish photo technology systems imposing monetary liability on
 
19 the registered owner of a motor vehicle for failure to comply
 
20 with [section]:
 
21      (1)  Section 291C-38(c), Hawaii Revised Statutes, regarding
 
22           longitudinal traffic lane markings, in accordance with
 
23           this Act[.]; and
 

 
Page 25                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (2)  Section 291C-222(c), Hawaii Revised Statutes, regarding
 
 2           designated uses of high occupancy vehicle lanes, in
 
 3           accordance with this Act.
 
 4 [Each county] The department, in consultation with county police,
 
 5 may provide for the installation and operation of photo
 
 6 technology systems on no more than twenty-five state or county
 
 7 highways at any one time in any county; provided that these
 
 8 systems shall primarily be used on controlled access facilities
 
 9 on Oahu.
 
10      (b)  Proof of a violation of section 291C-38(c)[,] or
 
11 section 291C-222(c), Hawaii Revised Statutes, shall be evidenced
 
12 by information obtained from the photo technology systems
 
13 authorized pursuant to this Act.  A certificate, sworn to or
 
14 affirmed by the contractor or the contractor's agent or employee,
 
15 or a facsimile thereof, based upon inspection of photographs,
 
16 microphotographs, videotape, or other recorded images produced by
 
17 the system, shall be prima facie evidence of the facts contained
 
18 therein.  Any photographs, microphotographs, videotape, or other
 
19 recorded images, including digitally produced images, evidencing
 
20 a violation shall be available for inspection in any proceeding
 
21 to adjudicate the liability for that violation."
 
22      6.  By amending subsection (a) of section 9 to read:
 

 
 
 
Page 26                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      "(a)  Each county [shall designate] may recommend locations
 
 2 on state or county highways in that county that are appropriate
 
 3 for the installation of[:
 
 4      (1)  Photo red light imaging or photo technology systems,
 
 5           with the assistance of the director; and
 
 6      (2)  Photo speed imaging detector systems, without the
 
 7           assistance of the director.] photo red light imaging,
 
 8           photo speed imaging detector, and photo technology
 
 9           systems."
 
10      7.  By amending subsection (a) of section 10 to read:
 
11      "(a)  Notwithstanding any law to the contrary, whenever any
 
12 motor vehicle is determined by means of:
 
13      (1)  The photo red light imaging system to have disregarded
 
14           a steady red signal in violation of section
 
15           291C-32(a)(3), Hawaii Revised Statutes;
 
16      (2)  The photo speed imaging detector system to be in excess
 
17           of the legal speed limit in violation of section
 
18           291C-102, Hawaii Revised Statutes; or
 
19      (3)  The photo technology system to have crossed
 
20           longitudinal traffic lane markings in violation of
 
21           section 291C-38(c), Hawaii Revised Statutes, or in
 
22           violation of designated uses of high occupancy vehicle
 

 
 
 
Page 27                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1           lanes pursuant to section 291C-222(c), Hawaii Revised
 
 2           Statutes,
 
 3 the contractor shall cause a summons or citation as described in
 
 4 this section to be sent [by certified or registered mail, with a
 
 5 return receipt that is postmarked within forty-eight hours of the
 
 6 time of the incident,] within three days of the date of the
 
 7 incident by certified mail, registered mail, or first class mail
 
 8 with a certificate of mailing obtained as evidence of service to
 
 9 the registered owner of the vehicle at the address on record at
 
10 the vehicle licensing division.  If the end of the [forty-eight
 
11 hour] three day period falls on a Saturday, Sunday, or holiday,
 
12 then the ending period shall run until the end of the next day
 
13 which is not a Saturday, Sunday, or holiday."
 
14      8.  By amending section 11 to read:
 
15      "SECTION 11.  Registered owner's responsibility for a
 
16 summons or citation.  In any proceeding for a violation of this
 
17 Act, the information contained in the summons or citation mailed
 
18 in accordance with section 291C-165(b), Hawaii Revised Statutes,
 
19 or section 10 of this Act shall be deemed evidence that the
 
20 registered vehicle violated section 291C-32(a)(3), 291C-38(c),
 
21 [or] 291C-102, or 291C-222(c), Hawaii Revised Statutes."
 
22      9.  By amending subsection (a) of section 12 to read:
 

 
 
 
Page 28                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      "(a)  Whenever a citation for violation of chapter 291C,
 
 2 Hawaii Revised Statutes, is issued pursuant to section 291C-165,
 
 3 Hawaii Revised Statutes, or whenever a photo red light imaging
 
 4 system, photo technology system, or photo speed imaging detector
 
 5 system determines a motor vehicle to be in violation of section
 
 6 291C-222(c), 291C-102, 291C-38(c), or 291C-32(a)(3), Hawaii
 
 7 Revised Statutes, as applicable, evidence that the motor vehicle
 
 8 described in the citations or summons issued pursuant to this Act
 
 9 was operated in violation of those sections of the Hawaii Revised
 
10 Statutes, together with proof that the person to whom the summons
 
11 or citation was sent was the registered owner of the motor
 
12 vehicle at the time of the violation, shall constitute prima
 
13 facie evidence that the registered owner of the motor vehicle was
 
14 the person who committed the violation."
 
15      10.  By amending section 15 to read:
 
16      "SECTION 15.  Penalty.  (a)  The penalties for all
 
17 consequences of a violation for speeding initiated by the use of
 
18 a photo speed imaging detector system, for disregarding a steady
 
19 red signal initiated by the use of a photo red light imaging
 
20 system, or for illegally crossing longitudinal traffic lane
 
21 markings initiated by the use of a photo technology system shall
 
22 be as provided in section 291C-161, Hawaii Revised Statutes.
 

 
 
 
Page 29                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (b)  The penalties for all consequence of a violation of the
 
 2 use of high occupancy vehicle lanes initiated by the use of a
 
 3 photo technology system shall be provided in section 291C-227,
 
 4 Hawaii Revised Statutes."
 
 5      11.  By amending subsections (a) and (b) of section 17 to
 
 6 read:
 
 7      "(a)  [Each county, with prior approval from the] The
 
 8 department, in consultation with county police, may contract with
 
 9 one or more contractors to purchase, lease, rent, use, install,
 
10 maintain, and operate photo red light imaging, photo speed
 
11 imaging detector, or photo technology systems as provided in this
 
12 Act.
 
13      (b)  Notwithstanding any other law to the contrary, the
 
14 contractor shall provide the following services and activities to
 
15 implement the photo speed imaging detector, photo red light
 
16 imaging, or photo technology systems:
 
17      (1)  Equipment installation;
 
18      (2)  Data processing, including custom software development
 
19           and integration;
 
20      (3)  Staffing and training of law enforcement personnel and
 
21           other persons as necessary to provide for effective
 
22           traffic enforcement;
 

 
 
 
Page 30                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (4)  [Film delivery, retrieval, and processing;] Required
 
 2           support services for use of video cameras, conventional
 
 3           cameras, or digital cameras;
 
 4      (5)  Image evaluation;
 
 5      (6)  License plate identification and verification;
 
 6      (7)  Review of individual motor vehicle registration
 
 7           records, pursuant to sections 286-45 and 286-172,
 
 8           Hawaii Revised Statutes, to obtain access only to the
 
 9           registered motor vehicle owner's name and address;
 
10           provided that this data shall only be used as is
 
11           necessary to carry out the provisions of the contract
 
12           and the purposes of this Act and may not otherwise be
 
13           publicly disclosed;
 
14      (8)  Citation generation, processing, and tracking;
 
15      (9)  Data transfer to agency and court;
 
16     (10)  Violation and statistical data collection, analysis,
 
17           and reporting;
 
18     (11)  Twenty-four-hour support services, consulting,
 
19           technical assistance, and Internet access;
 
20     (12)  Community awareness and public relations services; and
 
21     (13)  Any other services, activities, or equipment deemed
 
22           necessary or desirable by the department [and each
 
23           county.] or a state court to implement this Act."
 

 
Page 31                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      12.  By repealing subsection (f) of section 17:
 
 2      ["(f)  The department of budget and finance shall create an
 
 3 account and set aside a portion of the revenues received from the
 
 4 fines obtained from citations initiated as a result of the
 
 5 traffic enforcement demonstration project to offset the
 
 6 contractor's costs of operating the photo speed imaging detector,
 
 7 photo red light imaging, and photo technology systems."]
 
 8      13.  By amending section 23 to read:
 
 9      "SECTION 23.  [Report.] Reports.  [Each county] The
 
10 department, in consultation with county police, shall submit
 
11 progress, interim, and final reports to the legislature as
 
12 follows:
 
13      (1)  The [interim] progress report shall document the
 
14           progress made in implementing the demonstration project
 
15           and any contract entered into with a private
 
16           contractor.  The [interim] progress report shall be
 
17           submitted to the legislature no later than twenty days
 
18           before the convening of the regular [sessions of 1999
 
19           and] session of 2000; [and]
 
20      (2)  The interim report shall present preliminary findings
 
21           about the effectiveness of the demonstration project
 
22           and may include any proposed legislation necessary to
 
23           facilitate mailed traffic citations.  The interim
 

 
Page 32                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1           report shall be submitted to the legislature no later
 
 2           than twenty days before the convening of the regular
 
 3           session of 2001; and
 
 4     [(2)] (3)  The final report shall evaluate the effectiveness
 
 5           of the demonstration project, and shall include the
 
 6           following:
 
 7           (A)  The total fine revenue generated by using the
 
 8                photo speed imaging detector, photo red light
 
 9                imaging, or photo technology systems;
 
10           (B)  The number of citations and summonses issued by
 
11                the photo speed imaging detector, photo red light
 
12                imaging, or photo technology systems;
 
13           (C)  The amount paid to the contractor providing the
 
14                photo speed imaging detector, photo red light
 
15                imaging, or photo technology systems;
 
16           (D)  The effect of the demonstration project on traffic
 
17                safety;
 
18           (E)  The degree of public acceptance of the project;
 
19           (F)  The process of administration of the project;
 
20           (G)  An evaluation of the costs and benefits of the
 
21                project;
 
22           (H)  A review of the effectiveness of contracts entered
 
23                into under this Act and the performance of the
 
24                contractor;
 

 
Page 33                                                    1759
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1           (I)  Recommendations for design or planning changes
 
 2                that might reduce traffic congestion on state or
 
 3                county highways; and
 
 4           (J)  Findings and recommendations as to whether to
 
 5                [continue any contract entered into pursuant to
 
 6                this Act,] make the project permanent, expand the
 
 7                use of cameras and contractors for enforcement of
 
 8                traffic laws, or adopt another alternative.
 
 9           The final report shall include any proposed
 
10           implementing legislation as may be necessary, and shall
 
11           be submitted to the legislature no later than twenty
 
12           days before the convening of the regular session of
 
13           [2001.] 2002."
 
14      SECTION 5.  There is appropriated out of the photo
 
15 enforcement revolving fund the sum of $5,000,000 or so much
 
16 thereof as may be necessary for fiscal year 2000-2001 to
 
17 implement the traffic enforcement demonstration project.
 
18      The sum appropriated shall be expended by the department of
 
19 transportation for the purposes of this Act.
 
20      SECTION 6.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 7.  This Act shall take effect upon its approval.