REPORT TITLE:



DESCRIPTION:


 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
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.  Staff turnover and unanticipated problems caused
 
 2 by the wording of enabling legislation have delayed
 
 3 implementation of the three-year traffic enforcement
 
 4 demonstration project authorized by Act 234, Session Laws of
 
 5 Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999.
 
 6 Act 234, which established the demonstration project, took effect
 
 7 on July 1, 1998, and is scheduled to end on July 1, 2001.  The
 
 8 purpose of this Act is to extend the demonstration project until
 
 9 July 1, 2003, authorize the department of transportation to
 
10 retain and pay contractors for the project, and make other
 
11 required changes to the enabling legislation.
 
12      SECTION 2.  Section 286-45, Hawaii Revised Statutes, is
 
13 amended by amending subsection (b) to read as follows:
 
14      "(b)  Any private contractor that has entered into a
 
15 contract with [a county] the department to implement the traffic
 
16 enforcement demonstration project pursuant to section 5 et seq.
 
17 of Act 234, Session Laws of Hawaii 1998, may obtain from [the]
 
18 any county finance director the names and addresses of registered
 
19 motor vehicle owners, which shall be used only as is necessary to
 

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

 
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 1           into a contract with [a county as may be necessary] the
 
 2           department to implement the traffic enforcement
 
 3           demonstration project pursuant to section 5 et seq. of
 
 4           Act 234, Session Laws of Hawaii 1998[.  The private
 
 5           contractor may obtain from the director of
 
 6           transportation the]; provided that names and addresses
 
 7           of registered motor vehicle owners[, which] shall be
 
 8           used only as is necessary to carry out the provisions
 
 9           of the contract and the purposes of that Act and may
 
10           not otherwise be publicly disclosed."
 
11      SECTION 4.  Section 291C-165, Hawaii Revised Statutes, is
 
12 amended by amending subsection (b) to read as follows:
 
13      "(b)  In every case when a citation is issued, the original
 
14 of the citation shall be given to the violator; provided that:
 
15      (1)  In the case of an unattended vehicle, the original of
 
16           the citation shall be affixed to the vehicle as
 
17           provided for in section 291C-167; or
 
18      (2)  In the case of:
 
19           (A)  A vehicle utilizing the high occupancy vehicle
 
20                lane illegally; or
 
21           (B)  A traffic or other violation on a controlled
 
22                access facility that is recorded through the use
 
23                of a hand-held or mounted video camera,
 

 
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 1                conventional camera, or digital camera that
 
 2                produces photographic identification of a vehicle,
 
 3           the original of the citation [shall] may be sent [by
 
 4           certified or registered mail, with a return receipt
 
 5           that is postmarked within forty-eight hours of the time
 
 6           of the incident,] within three days of the date of the
 
 7           incident by certified mail, registered mail, or first
 
 8           class mail with a certificate of mailing obtained as
 
 9           evidence of service to the registered owner of the
 
10           vehicle at the address on record at the vehicle
 
11           licensing division [as provided in section 291C-223.
 
12           If the end of the forty-eight hour period falls on a
 
13           Saturday, Sunday, or holiday, then the ending period
 
14           shall run until the end of the next day which is not a
 
15           Saturday, Sunday, or holiday]; provided that days when
 
16           the post office is not open to the public shall not be
 
17           included in the calculation of the three days; provided
 
18           further that the administrative judge of the district
 
19           courts may allow a [carbon] copy of the citation to be
 
20           given to the violator or affixed to the vehicle and
 
21           provide for the disposition of the original and any
 
22           other copies of the citation."
 
23      SECTION 5.  Section 291C-223, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "[[]291C-223[]]  Summons or citation for illegal use of
 
 3 high occupancy vehicle lane.  Whenever any motor vehicle is
 
 4 observed operating in a high occupancy vehicle lane without the
 
 5 prescribed number of passengers, the officer observing the
 
 6 vehicle shall[:
 
 7      (1)  Cause] cause a summons or citation [as described in
 
 8           section 291C-165] to be issued at the scene of the
 
 9           violation to the operator of the vehicle[;] or
 
10     [(2)  Make every reasonable effort to be seen by the operator
 
11           of the vehicle and record evidence of the violation by
 
12           taking any information displayed on the vehicle that
 
13           may identify its] be sent by mail to the registered
 
14           owner [and cause a summons or citation] of the vehicle
 
15           as described in section 291C-165 [to be sent by
 
16           certified or registered mail, with a return receipt
 
17           that is postmarked within forty-eight hours of the time
 
18           of the incident, to the registered owner of the vehicle
 
19           at the address on record at the vehicle licensing
 
20           division.  If the end of the forty-eight hour period
 
21           falls on a Saturday, Sunday, or holiday, then the
 
22           ending period shall run until the end of the next day
 
23           which is not a Saturday, Sunday, or holiday. Upon
 

 
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 1           receipt, the registered owner shall be given fourteen
 
 2           days to respond to the summons or citation by:
 
 3           (A)  Paying a fine by mail; or
 
 4           (B)  Requesting a hearing be set on the matter.
 
 5           A mail receipt signed by the registered owner is prima
 
 6           facie evidence of notification]."
 
 7      SECTION 6.  Act 234, Session Laws of Hawaii 1998, is amended
 
 8 by amending section 1 to read as follows:
 
 9      "SECTION 1.  The legislature finds that traffic violations
 
10 in Hawaii, especially on the island of Oahu, have become
 
11 intolerable, particularly the offenses of speeding and running
 
12 red lights.  Both of these violations endanger the lives of
 
13 residents and compound the already hazardous conditions for both
 
14 pedestrians and motorists on Hawaii's roads and highways.  News
 
15 items are increasingly common that describe hit-and-run drivers
 
16 who have run over small children or the elderly, both inside and
 
17 outside crosswalks, who may not be able to react quickly enough
 
18 to a racing drunk driver or someone speeding through an
 
19 intersection after the light has already turned red.
 
20      The legislature further finds that two recent technological
 
21 innovations that address the hazards caused by speeding and
 
22 disregarding red lights have already been in place and
 
23 demonstrated their reliability and effectiveness in other
 

 
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 1 jurisdictions--namely, photo speed imaging detector and photo red
 
 2 light imaging systems.  The legislature finds that these
 
 3 innovations--both of which are completely automated--are
 
 4 appropriate for Hawaii's increasingly deteriorating traffic
 
 5 conditions, and are capable of safely and efficiently diffusing
 
 6 dangerous traffic control problems while at the same time freeing
 
 7 up police officers to handle more pressing problems.
 
 8      The photo speed imaging detector system is a unit that
 
 9 mounts in a [sport utility] vehicle or [van] on a pole or bridge
 
10 that detects, photographs, and records information on speeders.
 
11 [A vehicle with the speed detector unit is parked at the roadside
 
12 and monitors the speeds of passing motorists, and is linked to a
 
13 controlled console with a central processor and speed display.]
 
14 When a vehicle exceeding a preset threshold speed enters the beam
 
15 of the unit's speed detector, a high resolution camera
 
16 photographs the [front of the] vehicle, capturing the [front]
 
17 license plate[, while a second camera photographs the rear of the
 
18 vehicle.  The scene is lit by a powerful strobe flash for] and
 
19 providing evidentiary quality images.  Tickets are [processed
 
20 automatically, so there is no need for an officer to make a stop
 
21 and issue a ticket.  In addition, since the violator's face and
 
22 license plate are on record, compliance rates are considerably
 
23 higher than with officer-generated tickets.
 

 
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 1      The legislature finds that a photo speed imaging detector
 
 2 system is safe, quick, cost-effective, and efficient.] generated
 
 3 and mailed to the registered vehicle owner without need for a
 
 4 police officer to stop a speeding vehicle and issue a ticket to
 
 5 the driver.  With no stop involved, [the] no police officer is
 
 6 [not] at risk from passing traffic or armed violators.  Moreover,
 
 7 while a motivated [traffic] police officer may average fifteen or
 
 8 twenty speeding tickets per shift, the photo speed imaging
 
 9 detector system can [write] generate two speeding tickets per
 
10 second.
 
11      The photo speed imaging detector system [is essentially] can
 
12 be a turnkey operation; all of the equipment, [including a fully-
 
13 outfitted police vehicle, speed detector systems, printer, film
 
14 or image processing,] and all supplies, as well as [officer]
 
15 training, [are] can be provided by a private company.  The
 
16 private company [identifies] can use pictures of license plates
 
17 to identify vehicle owners, print[s] and mail[s] tickets,
 
18 monitor[s] compliance, and make[s] regular status reports[.  The
 
19 company also charges] in exchange for a small fee per paid
 
20 ticket[, while the violator pays for everything else].
 
21      In addition, only one police officer using the photo speed
 
22 imaging detector system can be as productive, if only in terms of
 
23 numbers of traffic tickets issued, as an entire traffic division.
 

 
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 1 Officers can be assigned higher priority duties, while the system
 
 2 handles speed enforcement.  Finally, these systems have proven
 
 3 their reliability for over twenty years in police departments in
 
 4 countries around the world.
 
 5      The second major innovation is the photo red light imaging
 
 6 system.  In this system, a camera is positioned at
 
 7 [intersections] an intersection where red light violations are [a
 
 8 major cause of collisions.] common.  Rather than placing an
 
 9 officer at the intersection full-time, the red light camera
 
10 serves as a twenty-four hour deterrent to running a red light.
 
11 [Sensors are buried under a crosswalk leading] Buried vehicle
 
12 sensors are connected to traffic signals and to a self-contained
 
13 camera system that is mounted on a nearby pole.  When a vehicle
 
14 enters the intersection against a red light, the camera takes a
 
15 telephoto color picture of the [rear of the] car as it rolls over
 
16 the stop bar, capturing the [rear] license plate as evidence.  A
 
17 second wide-angle photograph takes in the entire intersection,
 
18 including other traffic.
 
19      A sign may be posted at the intersection indicating that it
 
20 is a photo-monitored intersection; however, the camera can be
 
21 moved to different poles or intersections that are equipped to
 
22 hold the camera, so that motorists do not know when they are
 
23 being photographed.  As with the photo speed imaging detector
 

 
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 1 system, the private company that supplies the photo red light
 
 2 [camera] imaging system also processes [the film,] pictures,
 
 3 accesses motor vehicle records, checks the pictures of license
 
 4 [plate] plates against registration records, and mails out
 
 5 citations.
 
 6      The legislature finds that the photo red light imaging
 
 7 system, like the photo speed imaging detector system, [also] has
 
 8 numerous benefits.  As with the photo speed imaging detector
 
 9 system, not only are streets safer after the implementation of
 
10 the system, but police officers are freed from time-consuming
 
11 traffic stops and have more time to make priority calls.  A
 
12 violator is less likely to [go to court,] contest tickets since
 
13 the color photograph of the violation in progress, with
 
14 appropriate information imprinted, can be used as evidence in
 
15 court. [Imprinted on the photograph are the time, date, and
 
16 location of the violation; the number of seconds the light had
 
17 been red before the violator entered the intersection; and the
 
18 violator's speed.]  Few cases are contested in other
 
19 jurisdictions using this system, and police officers make fewer
 
20 court appearances, resulting in cost savings.
 
21      The legislature realizes that Hawaii's prior conversion to
 
22 administrative adjudication of traffic offenses has eliminated
 
23 the need for police officers to testify in most cases.  However,
 

 
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 1 to the extent that fewer citations are actually contested, cost
 
 2 savings will be realized and contested cases will receive a
 
 3 faster hearing.  More importantly, [compliance with traffic laws
 
 4 has generally increased in those jurisdictions;] installation of
 
 5 this type of system has had an immediate effect on the behavior
 
 6 of drivers and has nearly eliminated violations in other
 
 7 jurisdictions.
 
 8      The legislature finds that the implementation of both photo
 
 9 speed imaging detector and photo red light imaging systems will
 
10 result in an increase in driver awareness, leading to a reduction
 
11 in [traffic speeds] speeding and red light violations, and [may
 
12 also result in lower insurance costs for safe drivers with] an
 
13 overall reduction in crashes and injuries.  A reduction in
 
14 crashes and injuries in turn will result in lower costs for auto
 
15 insurance, workers' compensation, and public assistance.
 
16 Moreover, [these programs place the cost of the programs on the
 
17 violators, not the taxpayers.  Traffic] with use of photo speed
 
18 imaging detector and photo red light imaging systems, traffic
 
19 laws [are] will be enforced without discrimination, and safety
 
20 and efficiency [are] will be increased by reducing the number of
 
21 high-speed chases and the number of personnel required for
 
22 traffic accident clean-up, investigation, and court testimony.
 
23      In addition, the legislature finds that there is a need to
 

 
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 1 exempt contracts entered into with the private [company]
 
 2 companies that [is to] supply the photo speed imaging detector
 
 3 and photo red light imaging systems from the civil service,
 
 4 compensation, and collective bargaining laws.  In Konno v. County
 
 5 of Hawaii, 85 Haw. 61, 937 P.2d 397 (1997), the Hawaii Supreme
 
 6 Court adopted the "nature of the services" test, holding that the
 
 7 protection of the civil service laws extends to those services
 
 8 that have been "customarily and historically" provided by civil
 
 9 servants.  Because police officers may be held to be customarily
 
10 and historically responsible for issuing tickets to speeding
 
11 motorists and other functions that may now be contracted out to a
 
12 private entity, there is a need to specifically exempt any such
 
13 contracts from the civil service and compensation laws so that
 
14 those contracts are not voided by Konno.  Although the Konno
 
15 opinion did not reach the decision whether privatization is
 
16 subject to mandatory collective bargaining, this Act also exempts
 
17 contracts entered into with a private entity from collective
 
18 bargaining laws as well, to ensure that these contracts are not
 
19 subsequently voided for failure to comply with those laws as a
 
20 result of a subsequent court interpretation.
 
21      Finally, the legislature finds that [speeding--whether on a
 
22 highway or through a red light--frequently causes injury and
 
23 death.  When] when speeding occurs, [the] accidents [involved]
 

 
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 1 are almost always more serious.  Photo speed imaging detector and
 
 2 photo red light imaging systems have been proven in many
 
 3 locations throughout the United States, Canada, Europe, and
 
 4 numerous other countries around the world as deterrents to red
 
 5 light traffic violations and speeding and, consequently, injuries
 
 6 and death.  The legislature finds that there is an immediate need
 
 7 to remedy the steadily worsening traffic conditions in Hawaii,
 
 8 and that the implementation of photo speed imaging detector and
 
 9 photo red light imaging systems will help to protect the health,
 
10 safety, and welfare of the people of this State, while at the
 
11 same time offering substantial cost savings and increased
 
12 revenues.
 
13      The purpose of this Act is to:
 
14      (1)  Establish a [three-year] demonstration project in
 
15           selected areas on state or county highways [in each of
 
16           the counties] to provide for the implementation of
 
17           photo speed imaging detector and photo red light
 
18           imaging systems to improve traffic enforcement; and
 
19      (2)  Allow the [county] department of transportation to
 
20           contract with [an] appropriate [provider] providers of
 
21           these systems pursuant to the public procurement laws
 
22           while:
 
23           (A)  Exempting such contracts from civil service,
 

 
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 1                compensation, and collective bargaining laws;
 
 2           (B)  Permitting the contractor to have access to
 
 3                information as set forth in this Act; and
 
 4           (C)  Allowing the contractor to issue citations or
 
 5                summonses by mail."
 
 6      SECTION 7.  Act 234, Session Laws of Hawaii 1998, section 5,
 
 7 is amended by amending the definitions of "photo speed imaging
 
 8 detector" and "photo red light imaging" to read as follows:
 
 9      ""Photo speed imaging detector" means a device used for
 
10 traffic enforcement consisting substantially of a speed
 
11 [reduction] measurement unit and a video, conventional, or
 
12 digital camera [mounted in or on a vehicle] that automatically
 
13 produces photographic identification of a vehicle traveling in
 
14 excess of the legal speed limit in violation of section 291C-
 
15 102, Hawaii Revised Statutes.
 
16      "Photo red light imaging" means a device used for traffic
 
17 enforcement consisting substantially of a vehicle sensor
 
18 installed to work in conjunction with a traffic-control signal
 
19 and a video, conventional, or digital camera that automatically
 
20 produces photographic identification of a vehicle which
 
21 disregards a steady red signal in violation of section 291C-
 
22 32(a)(3), Hawaii Revised Statutes."
 
23      SECTION 8.  Act 234, Session Laws of Hawaii 1998, section 6,
 

 
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 1 as amended by Act 263, Session Laws of Hawaii 1999, section 7, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Subject to this Act, [each county] the department may
 
 4 establish a [three-year] demonstration project in selected areas
 
 5 of [that county] the State to provide for the implementation of
 
 6 photo red light imaging, photo speed imaging detector, or photo
 
 7 technology systems to improve traffic enforcement as provided in
 
 8 this Act.  The demonstration project shall be limited to state or
 
 9 county highways and shall document the effectiveness of these
 
10 systems.  The contractor shall provide a public information
 
11 campaign to inform local drivers about the use of these systems
 
12 before any citation or summons is actually issued."
 
13      SECTION 9.  Act 234, Session Laws of Hawaii 1998, section 7,
 
14 is amended by amending subsection (a) to read as follows:
 
15 "(a)  Subject to this Act, [each county] the department may
 
16 establish a photo speed imaging detector system imposing monetary
 
17 liability on the registered owner of a motor vehicle for failure
 
18 to comply with speeding laws in accordance with this Act.  [Each
 
19 county] The department, in consultation with county police, may
 
20 provide for the installation and operation of photo speed imaging
 
21 detector systems on no more than twenty-five state or county
 
22 highways at any one time in any county."
 
23      SECTION 10.  Act 234, Session Laws of Hawaii 1998, section
 

 
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 1 7, is amended by amending subsection (c) to read as follows:
 
 2      "(c)  A contractor may issue a citation or summons pursuant
 
 3 to section 10 on the basis of a photo speed imaging detector if
 
 4 the following conditions are met:
 
 5      (1)  The photo speed imaging detector equipment is operated
 
 6           by a [uniformed] police officer [out of a marked police
 
 7           vehicle;] or a contractor who is authorized to operate
 
 8           the equipment pursuant to this Act; and
 
 9     [(2)  An indication of the speed of the motor vehicle is
 
10           displayed within one hundred fifty feet of the location
 
11           of the photo speed imaging detector unit;
 
12      (3)] (2)  Signs indicating that speeds are enforced by a
 
13           photo speed imaging detector are posted [on all major
 
14           routes entering the area in question], as far as
 
15           practicable, providing notice to a motorist that a
 
16           photo speed imaging detector may be used[; and
 
17      (4)  The photo speed imaging detector system is used for no
 
18           more than four hours per day in any one location from
 
19           thirty minutes after sunrise to thirty minutes before
 
20           sunset].
 
21 The conditions specified in this subsection shall not apply when
 
22 the information gathered is used for highway safety research or
 
23 to issue warning citations not involving a fine, court
 

 
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 1 appearance, or a person's driving record."
 
 2      SECTION 11.  Act 234, Session Laws of Hawaii 1998, section
 
 3 8, is amended by amending subsection (a) to read as follows:
 
 4      "(a)  Subject to this Act, [each county] the department may
 
 5 establish a photo red light imaging system imposing monetary
 
 6 liability on the operator of a motor vehicle for failure to
 
 7 comply with traffic-control signal laws in accordance with this
 
 8 Act.  [Each county] The department, in consultation with county
 
 9 police, may provide for the installation and operation of photo
 
10 red light imaging systems at no more than twenty-five
 
11 intersections in any one county at any one time."
 
12      SECTION 12.  Act 234, Session Laws of Hawaii 1998, section
 
13 8A, as added by Act 263, Session Laws of Hawaii 1999, section 7,
 
14 is amended by amending subsection (a) to read as follows:
 
15      "(a)  Subject to this Act, [each county] the department may
 
16 establish photo technology systems imposing monetary liability on
 
17 the registered owner of a motor vehicle for failure to comply
 
18 with section 291C-38(c), Hawaii Revised Statutes, regarding
 
19 longitudinal traffic lane markings, in accordance with this Act.
 
20 [Each county] The department, in consultation with county police,
 
21 may provide for the installation and operation of photo
 
22 technology systems on no more than twenty-five state or county
 
23 highways at any one time in any county; provided that these
 

 
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 1 systems shall primarily be used on controlled access facilities
 
 2 on Oahu."
 
 3      SECTION 13.  Act 234, Session Laws of Hawaii 1998, section
 
 4 9, as amended by Act 263, Session Laws of Hawaii 1999, section 7,
 
 5 is amended by amending subsection (a) to read as follows:
 
 6      "(a)  Each county [shall designate] may recommend locations
 
 7 on state or county highways in that county that are appropriate
 
 8 for the installation of[:
 
 9      (1)  Photo red light imaging or photo technology systems,
 
10           with the assistance of the director; and
 
11      (2)  Photo speed imaging detector systems, without the
 
12           assistance of the director.] photo red light imaging,
 
13           photo speed imaging detector, and photo technology
 
14           systems."
 
15      SECTION 14.  Act 234, Session Laws of Hawaii 1998, section
 
16 10, as amended by Act 263, Session Laws of Hawaii 1999, section
 
17 7, is amended by amending subsection (a) to read as follows:
 
18      "(a)  Notwithstanding any law to the contrary, whenever any
 
19 motor vehicle is determined by means of:
 
20      (1)  The photo red light imaging system to have disregarded
 
21           a steady red signal in violation of section 291C-
 
22           32(a)(3), Hawaii Revised Statutes;
 
23      (2)  The photo speed imaging detector system to be in excess
 

 
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 1           of the legal speed limit in violation of section 291C-
 
 2           102, Hawaii Revised Statutes; or
 
 3      (3)  The photo technology system to have crossed
 
 4           longitudinal traffic lane markings in violation of
 
 5           section 291C-38(c), Hawaii Revised Statutes,
 
 6 the contractor shall cause a summons or citation as described in
 
 7 this section to be sent [by certified or registered mail, with a
 
 8 return receipt that is postmarked within forty-eight hours of the
 
 9 time of the incident,] within three days of the date of the
 
10 incident by certified mail, registered mail, or first class mail
 
11 with a certificate of mailing obtained as evidence of service to
 
12 the registered owner of the vehicle at the address on record at
 
13 the vehicle licensing division. [If the end of the forty-eight
 
14 hour period falls on a Saturday, Sunday, or holiday, then the
 
15 ending period shall run until the end of the next day which is
 
16 not a Saturday, Sunday, or holiday.]  Days when the post office
 
17 is not open to the public shall not be included in calculation of
 
18 the three days."
 
19      SECTION 15.  Act 234, Session Laws of Hawaii 1998, section
 
20 10, is amended by amending subsections (c) and (d) to read as
 
21 follows:
 
22      "(c)  Every citation shall be consecutively numbered and
 
23 each [carbon] copy shall bear the number of its respective
 

 
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 1 original.
 
 2      (d)  Upon receipt, the registered owner shall respond as
 
 3 provided for in chapter 291D, Hawaii Revised Statutes.  [A mail
 
 4 receipt signed by the registered owner] Service of a citation by
 
 5 certified mail, registered mail, or first class mail with a
 
 6 certificate of mailing obtained as evidence of service to the
 
 7 registered owner, at the registered owner's address on record at
 
 8 the vehicle licensing division, is prima facie evidence of
 
 9 notification.  The registered owner shall be determined by the
 
10 identification of the vehicle's registration plates."
 
11      SECTION 16.  Act 234, Session Laws of Hawaii 1998, section
 
12 16, as amended by Act 263, Session Laws of Hawaii 1999, section
 
13 7, is amended by amending subsection (b) to read as follows:
 
14      "(b)  [The request for proposals shall be from a list of
 
15 applicants prequalified by the department and each county, and
 
16 shall be applicable to any contract between a county and any
 
17 contractor entered into under the authority of this Act.
 
18 Standards for prequalification] Qualification of applicants under
 
19 this section shall be determined by the department before the
 
20 commencement of the selection process; provided that any contract
 
21 entered into under this Act, at a minimum, shall be negotiated
 
22 with [the private entity found most qualified.  The contractor
 
23 shall demonstrate that it] a contractor that has the
 

 
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 1 qualifications and experience necessary to carry out and expedite
 
 2 the terms of the contract and the ability to comply with
 
 3 applicable laws and court orders.  [Each contract entered into by
 
 4 a county may include any other requirements that the director
 
 5 considers necessary and appropriate for carrying out the purposes
 
 6 of this Act.]"
 
 7      SECTION 17.  Act 234, Session Laws of Hawaii 1998, section
 
 8 17, as amended by Act 263, Session Laws of Hawaii 1999, section
 
 9 7, is amended to read as follows:
 
10      "SECTION 17.  Authority to contract; duration of contract;
 
11 approval as to form; contract term, renewal, and termination;
 
12 exemptions.(a)  [Each county, with prior approval from the] The
 
13 department, in consultation with county police, may contract with
 
14 one or more contractors to purchase, lease, rent, use, install,
 
15 maintain, and operate photo red light imaging, photo speed
 
16 imaging detector, or photo technology systems as provided in this
 
17 Act.
 
18      (b)  Notwithstanding any other law to the contrary, the
 
19 contractor shall provide the following services and activities to
 
20 implement the photo speed imaging detector, photo red light
 
21 imaging, or photo technology systems:
 
22      (1)  Equipment installation;
 
23      (2)  Data processing, including custom software development
 

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

 
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 1     (12)  Community awareness and public relations services; and
 
 2     (13)  Any other services, activities, or equipment deemed
 
 3           necessary or desirable by the department [and each
 
 4           county.] or a state court to implement this Act.
 
 5      (c)  [The] Each contract shall specify such matters as are
 
 6 deemed relevant by the State[, each county,] and the contractor,
 
 7 and shall be approved as to form and content by the attorney
 
 8 general; provided that the contract:
 
 9      (1)  Shall not specify any condition for the issuance of a
 
10           citation or summons other than as provided by this Act
 
11           or other applicable state law;
 
12      (2)  Shall prohibit the contractor, or the contractor's
 
13           agents or employees, from engaging in any activities
 
14           prescribed for police officers pursuant to chapter 52D
 
15           or section 291C-164, Hawaii Revised Statutes, or any
 
16           other provision of law relating to law enforcement or
 
17           the use of force, except as otherwise provided in this
 
18           Act;
 
19      (3)  Shall specify that personal and confidential
 
20           information used for the [projects] project shall
 
21           become the property of [each county] the State at the
 
22           end of the contract, that all data shall be returned to
 
23           [that county,] the State, and that the contractor may
 

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

 
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 1      (f)  [The department of budget and finance shall create an
 
 2 account and set aside a portion of the revenues received from the
 
 3 fines obtained from citations initiated as a result of the
 
 4 traffic enforcement demonstration project to offset the
 
 5 contractor's costs of operating the photo speed imaging detector,
 
 6 photo red light imaging, and photo technology systems.
 
 7      (g)]  Notwithstanding any other law to the contrary, any
 
 8 contracts entered into by [a county] the department with a
 
 9 contractor pursuant to this section shall not be subject to
 
10 chapters 76, 77, and 89, or section 46-33, Hawaii Revised
 
11 Statutes."
 
12      SECTION 18.  Act 234, Session Laws of Hawaii 1998, is
 
13 amended by adding a new section to read as follows:
 
14      "SECTION 17A.  Police matters.  County police are authorized
 
15 and encouraged to provide oversight and all police services
 
16 required for the traffic enforcement demonstration project;
 
17 provided that to the extent necessary to implement this Act, the
 
18 powers of police officers for the enforcement of chapter 291C,
 
19 Hawaii Revised Statutes, are conferred upon the director of
 
20 transportation and such of the officers, employees, agents and
 
21 representatives of the department as may be designated by the
 
22 director to exercise such powers.  For the purposes of this
 
23 section, the term "agents and representatives" includes persons
 

 
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 1 performing services under contracts with the department pursuant
 
 2 to this Act."
 
 3      SECTION 19.  Act 234, Session Laws of Hawaii 1998, is
 
 4 amended by adding a new section to read as follows:
 
 5      "SECTION 17B.  Robocop revolving fund.  (a)  There is
 
 6 established a robocop revolving fund to be administered by the
 
 7 department of transportation.  Notwithstanding any other law to
 
 8 the contrary, the department may expend funds from this revolving
 
 9 fund; provided that no expenditure shall be made from and no
 
10 obligation shall be incurred against the revolving fund in excess
 
11 of the amount standing to the credit of the fund.
 
12      (b)  All payments to the State resulting from citations and
 
13 summons authorized under section 10 shall be deposited into the
 
14 robocop revolving fund, provided that any interest earned shall
 
15 be deposited into the general fund.
 
16      (c)  The department shall use the robocop revolving fund to
 
17 pay contractors and purchase county police oversight and services
 
18 necessary for implementation of the traffic enforcement
 
19 demonstration project.
 
20      (d)  Notwithstanding any other law to the contrary, the
 
21 department may also use up to twenty per cent of the robocop
 
22 revolving fund to pay for any non-recurring state and county
 
23 expenses and any temporary state positions needed to implement
 

 
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 1 the traffic enforcement demonstration project and administer the
 
 2 revolving fund.
 
 3      (e)  The department shall deposit that portion of the
 
 4 revolving fund not needed for purposes of this section into the
 
 5 general fund."
 
 6      SECTION 20.  Act 234, Session Laws of Hawaii 1998, section
 
 7 23, as amended by Act 263, Session Laws of Hawaii 1999, section
 
 8 7, is amended to read as follows:
 
 9      "SECTION 23.  Report.  [Each county] The department, in
 
10 consultation with county police, shall submit progress, interim,
 
11 and final reports to the legislature as follows:
 
12      (1)  The [interim] progress report shall document the
 
13           progress made in implementing the demonstration project
 
14           and any contract entered into with a private
 
15           contractor.  The [interim] progress report shall be
 
16           submitted to the legislature no later than twenty days
 
17           before the convening of the regular [sessions of 1999
 
18           and] session of 2000; [and]
 
19      (2)  The interim report shall present preliminary findings
 
20           about the effectiveness of the demonstration project
 
21           and may include any proposed legislation necessary to
 
22           facilitate mailed traffic citations.  The interim
 
23           report shall be submitted to the legislature no later
 

 
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 1           than twenty days before the convening of the regular
 
 2           session of 2001; and
 
 3     [(2)] (3)  The final report shall evaluate the effectiveness
 
 4           of the demonstration project, and shall include the
 
 5           following:
 
 6           (A)  The total fine revenue generated by using the
 
 7                photo speed imaging detector, photo red light
 
 8                imaging, or photo technology systems;
 
 9           (B)  The number of citations and summonses issued by
 
10                the photo speed imaging detector, photo red light
 
11                imaging, or photo technology systems;
 
12           (C)  The amount paid to the contractor providing the
 
13                photo speed imaging detector, photo red light
 
14                imaging, or photo technology systems;
 
15           (D)  The effect of the demonstration project on traffic
 
16                safety;
 
17           (E)  The degree of public acceptance of the project;
 
18           (F)  The process of administration of the project;
 
19           (G)  An evaluation of the costs and benefits of the
 
20                project;
 
21           (H)  A review of the effectiveness of contracts entered
 
22                into under this Act and the performance of the
 
23                contractor;
 

 
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 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 21.  Act 234, Session Laws of Hawaii 1998, is
 
15 amended by amending section 29 to read as follows:
 
16      "SECTION 29.  This Act shall take effect on July 1, 1998;
 
17 provided that on July 1, [2001,] 2003, this Act shall be repealed
 
18 and sections 286-45, 286-172(a), and 291C-163(a), Hawaii Revised
 
19 Statutes, are reenacted in the form in which they read on June
 
20 30, 1998."
 
21      SECTION 22.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 23.  There is appropriated out of the moneys
 

 
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 1 deposited into the robocop revolving fund the sum of $5,000,000
 
 2 or so much thereof as may be necessary for each of the fiscal
 
 3 years 2000-2001, 2001-2002, and 2002-2003.  The sum appropriated
 
 4 by this Act shall be expended by the department of transportation
 
 5 for the purposes of the fund.
 
 6      SECTION 24.  This Act is recommended by the governor for
 
 7 immediate passage in accordance with article VII, section 9, of
 
 8 the constitution of the State of Hawaii.
 
 9      SECTION 25.  This Act shall take effect upon its approval. 
 
10 
 
11                           INTRODUCED BY:  _______________________
 

 
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