Traffic Infractions;Fines

Requires the transmittal of all of the fines and forfeitures from
uncontested traffic infractions to the counties to be used for
public safety purposes.  (SD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



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

Page 2                                                     1298
                                     S.B. NO.           S.D. 1

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

Page 3                                                     1298
                                     S.B. NO.           S.D. 1

 1      SECTION 3.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 4.  This Act shall take effect on July 1, 1999,
 4 provided that fines and forfeitures collected pursuant to section
 5 291C-   , Hawaii Revised Statutes, shall apply to fines and
 6 forfeitures collected after June 30, 1999.