REPORT TITLE:
Motor Vehicles


DESCRIPTION:
Assigns fees collected from traffic infraction fines to the
counties in which the infractions are committed and the state
agency which maintains traffic enforcement and safety programs.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2558
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR VEHICLES.



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

 1      SECTION 1.  Section 286-216, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]286-216[]  Fines, fees and charges.] Disposition of
 
 4 fees and fines.  (a)  All [moneys] fees collected under this part
 
 5 shall be paid into the state highway fund and [shall be] expended
 
 6 for the purpose of this part.
 
 7      (b)  All fines for violations of this part, other than
 
 8 section 286-210, shall be paid into the state highway fund and
 
 9 expended for the purposes of this part.
 
10      (c)  All fines for violations of section 286-210 shall be
 
11 distributed between the State and counties in accordance with
 
12 section 291C-171.  The proceeds retained by the State shall be
 
13 deposited into the state highway fund."
 
14      SECTION 2.  Section 291-37, Hawaii Revised Statutes, is
 
15 amended by amending subsection (a) to read as follows:
 
16      "(a)  Any person guilty of omitting any of the required
 
17 acts, or committing any of the prohibited acts of this chapter,
 
18 or the rules adopted shall be guilty of a violation of this
 
19 chapter and shall be fined not less than $25 nor more than
 

 
Page 2                                                     
                                     S.B. NO.           2558
                                                        
                                                        

 
 1 $1,800; provided that any person guilty of omitting any of the
 
 2 required acts, or committing any of the prohibited acts of
 
 3 sections 291-34, 291-35, or 291-36 shall be fined not more than
 
 4 $600 and not less than the fine [which is] set forth in the
 
 5 following tables:
 
 6                                         The minimum fine for a
 
 7          If the excess weight is:      first violation shall be:
 
 8              100 to  1,500 pounds                 $125
 
 9            1,501 to  2,000 pounds                  130
 
10            2,001 to  2,500 pounds                  140
 
11            2,501 to  3,000 pounds                  160
 
12            3,001 to  3,500 pounds                  180
 
13            3,501 to  4,000 pounds                  200
 
14            4,001 to  4,500 pounds                  225
 
15            4,501 to  5,000 pounds                  250
 
16            5,001 to  5,500 pounds                  275
 
17            5,501 to  6,000 pounds                  300
 
18            6,001 to  6,500 pounds                  330
 
19            6,501 to  7,000 pounds                  360
 
20            7,001 to  7,500 pounds                  390
 
21            7,501 to  8,000 pounds                  420
 
22            8,001 to  8,500 pounds                  455
 
23            8,501 to  9,000 pounds                  490
 

 
Page 3                                                     
                                     S.B. NO.           2558
                                                        
                                                        

 
 1            9,001 to  9,500 pounds                  525
 
 2            9,501 to 10,000 pounds                  560
 
 3            10,001 pounds and over                  580
 
 4       If the excess dimension is:      The minimum fine shall be:
 
 5                      Up to 5 feet                 $ 25
 
 6     Over 5 feet and up to 10 feet                   50
 
 7    Over 10 feet and up to 15 feet                   75
 
 8                      Over 15 feet                  100
 
 9 For the purpose of the imposition of a fine or penalty herein,
 
10 evidence of prior offenses shall be admissible.
 
11      For a second violation within one year of the first, the
 
12 fine for excess weight shall be not less than twice the fine
 
13 listed in the excess weight table above and not more than $1,200.
 
14 For a third or subsequent violation for excess weight previously
 
15 cited under this section within one year, the fine shall not be
 
16 less than triple the fine listed in the excess weight table above
 
17 and not more than $1,800.
 
18      For the purposes of this section "person" means the driver
 
19 of the vehicle unless the driver is an employee in the scope and
 
20 course of employment, in which case "person" means the employer
 
21 of the driver.  In the case of the transportation of a sealed
 
22 container or transportation by flatrack, "person" means:
 
23      (1)  The individual or company the cargo is consigned to; or
 

 
Page 4                                                     
                                     S.B. NO.           2558
                                                        
                                                        

 
 1      (2)  The individual or company located in the State shipping
 
 2           the cargo.
 
 3 The consignee or the shipper shall not be cited if the power
 
 4 units' drive axle group is overweight and the weight is not more
 
 5 than that allowed for a tandem axle with any applicable
 
 6 tolerances.
 
 7      [All penalties] The proceeds of fines imposed and collected
 
 8 for violations of sections 291-33 to 291-36 shall be [paid]
 
 9 distributed between the State and the counties in accordance with
 
10 section 291C-171.  The proceeds retained by the State shall be
 
11 deposited into the state highway fund.
 
12      The department of transportation is authorized to institute
 
13 a system where the minimum fine, based on the tables in this
 
14 subsection, may be mailed in when the citation or penalty is not
 
15 to be contested.  This system shall include an ability for the
 
16 owner of the vehicle or combination of vehicles to request the
 
17 operator be held harmless and the citation be transferred to that
 
18 owner of the vehicle or combination of vehicles."
 
19      SECTION 3.  Section 291C-111, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21      "(a)  With respect to highways under their respective
 
22 jurisdictions, the director of transportation is authorized to
 
23 and the counties by ordinance may prohibit or restrict the
 

 
Page 5                                                     
                                     S.B. NO.           2558
                                                        
                                                        

 
 1 stopping, standing, or parking of vehicles where the stopping,
 
 2 standing, or parking is dangerous to those using the highway or
 
 3 where the stopping, standing, or parking of vehicles would
 
 4 interfere unduly with the free movement of traffic; provided that
 
 5 the violation of any law or any ordinance, regardless of whether
 
 6 established under this or any other section, prohibiting or
 
 7 restricting the stopping, standing, or parking of vehicles shall
 
 8 constitute a traffic infraction.  The counties shall not provide
 
 9 any other penalty, civil or criminal, or any other charge, in the
 
10 form of rental or otherwise, in place of or in addition to the
 
11 fine to be imposed by the district court for any violation of any
 
12 ordinance prohibiting or restricting the stopping, standing, or
 
13 parking of vehicles.
 
14      This section shall not be construed as prohibiting the
 
15 authority of the director of transportation or the counties to
 
16 allow the stopping, standing, or parking of motor vehicles at a
 
17 "T-shaped" intersection on highways under their respective
 
18 jurisdictions; provided that such stopping, standing, or parking
 
19 of motor vehicles is not dangerous to those using the highway or
 
20 where the stopping, standing, or parking of motor vehicles would
 
21 not unduly interfere with the free movement of traffic.
 
22      The appropriate police department and county or prosecuting
 
23 attorney of the various counties shall enforce any law or
 

 
Page 6                                                     
                                     S.B. NO.           2558
                                                        
                                                        

 
 1 ordinance prohibiting or restricting the stopping, standing, or
 
 2 parking of vehicles, including but not limited to the issuance of
 
 3 parking tickets.  Any person committing a violation of any law or
 
 4 ordinance, regardless of whether established under this or any
 
 5 other section, prohibiting or restricting the stopping, standing,
 
 6 or parking of vehicles shall be subject to a fine to be enforced
 
 7 and collected by the district courts of this State [and to be
 
 8 deposited into the state general fund for state use].  The
 
 9 district courts shall transmit all fine proceeds from
 
10 unadjudicated traffic crimes and infractions to the director of
 
11 finance for distribution to the counties in accordance with
 
12 section 291C-171."
 
13      SECTION 4.  Section 291C-171, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "291C-171  Disposition of fines and forfeitures.(a)  All
 
16 fines and forfeitures collected upon conviction or upon the
 
17 forfeiture of bail of any person charged with a violation of any
 
18 section or provision of the state traffic laws or county traffic
 
19 ordinances and all assessments collected relating to the
 
20 commission of traffic crimes and infractions shall be paid to the
 
21 director of finance of the State.
 
22      (b)  In addition to any monetary assessment imposed for a
 
23 traffic infraction, the court may impose penalties on all
 

 
Page 7                                                     
                                     S.B. NO.           2558
                                                        
                                                        

 
 1 outstanding traffic citations and judgments.  The penalties shall
 
 2 be established pursuant to rules approved by the supreme court;
 
 3 provided that the amounts of the penalties shall be based upon a
 
 4 graduated scale that increases in proportion to the length of the
 
 5 delinquency.  Any interest penalty imposed as provided in this
 
 6 section may be waived by the court for good cause.  All penalties
 
 7 collected for such outstanding citations and judgments shall be
 
 8 paid to the director of finance of the State.
 
 9      (c)  The director of finance shall distribute all fine and
 
10 forfeiture proceeds from unadjudicated traffic crimes and
 
11 infractions that occurred in each county to the county in which
 
12 the traffic crime or infraction was issued.
 
13      (d)  For purposes of this section:
 
14      "County highway" means a highway or street, including the
 
15 sidewalk portion, which is owned or controlled by a county.
 
16      "County traffic ordinance" means an ordinance regulating:
 
17      (1)  The operation, stopping, standing, or parking of a
 
18           vehicle on a county highway or other county property;
 
19      (2)  The equipment, weight, or size of a vehicle operating
 
20           on a county highway;
 
21      (3)  The travel of a pedestrian, skater, or skateboarder on
 
22           a county highway; or
 
23      (4)  The conduct of a person in a county off-street parking
 

 
Page 8                                                     
                                     S.B. NO.           2558
                                                        
                                                        

 
 1           lot.
 
 2      "State traffic law" means this chapter, chapter 286, and
 
 3 chapter 291."
 
 4      SECTION 5.  Section 291D-9, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]291D-9[]]  Monetary assessments.(a)  A person found
 
 7 to have committed a traffic infraction shall be assessed a
 
 8 monetary assessment not to exceed the maximum fine specified in
 
 9 the statute defining the traffic infraction.
 
10      (b)  Notwithstanding section 291C-161 or any other law to
 
11 the contrary, the district court of each circuit shall prescribe
 
12 a schedule of monetary assessments for all traffic infractions,
 
13 and any additional assessments to be imposed pursuant to
 
14 subsection (c).  The particular assessment to be entered on the
 
15 notice of traffic infraction pursuant to section 291D-5 shall
 
16 correspond to the schedule prescribed by the district court.
 
17 Except after proceedings conducted pursuant to section 291D-8 or
 
18 a trial conducted pursuant to section 291D-13, monetary
 
19 assessments assessed pursuant to this chapter shall not vary from
 
20 the schedule prescribed by the district court having jurisdiction
 
21 over the traffic infraction.
 
22      (c)  In addition to any monetary assessment imposed for a
 
23 traffic infraction, the court may impose additional assessments
 

 
Page 9                                                     
                                     S.B. NO.           2558
                                                        
                                                        

 
 1 for:
 
 2      (1)  Failure to pay a monetary assessment by the scheduled
 
 3           date of payment; or
 
 4      (2)  The cost of service of a penal summons issued pursuant
 
 5           to this chapter.
 
 6      (d)  The court may grant to a person claiming inability to
 
 7 pay, an extension of the period in which the monetary assessment
 
 8 shall be paid or may impose community service in lieu thereof.
 
 9 If the assessment is not paid or the community service is not
 
10 performed on or before the date established and the court has not
 
11 extended the time, the court shall take action as provided in
 
12 section 291D-10.
 
13      (e)  Monetary assessments received from unadjudicated
 
14 traffic crimes and infractions shall be distributed to the
 
15 counties in accordance with section 291C-171 and used toward the
 
16 salaries of law enforcement officers."
 
17      SECTION 6.  Section 706-643, Hawaii Revised Statutes, is
 
18 amended by amending subsection (2) to read as follows:
 
19      "(2)  All fines and other final payments received by a clerk
 
20 or other officer of a court shall be accounted for, with the
 
21 names of persons making payment, and the amount and date thereof,
 
22 being recorded.  All such funds shall be deposited with the
 
23 director of finance to the credit of the general fund of the
 

 
Page 10                                                    
                                     S.B. NO.           2558
                                                        
                                                        

 
 1 State[.  With]; except that:
 
 2      (a)  With respect to fines and bail forfeitures which are
 
 3           proceeds of the wildlife revolving fund under section
 
 4           183D-10.5, the director of finance shall transmit the
 
 5           fines and forfeitures to that fund[.]; and 
 
 6      (b)  With respect to fines from unadjudicated traffic
 
 7           crimes, bail forfeitures, and infractions of state
 
 8           traffic laws and county traffic ordinances, the
 
 9           proceeds shall be distributed to the counties in
 
10           accordance with section 291C-171."
 
11      SECTION 7.  This Act does not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, before its effective date.
 
14      SECTION 8.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 9.  This Act shall take effect upon its approval.
 
17 
 
18                           INTRODUCED BY:  _______________________