REPORT TITLE:
Motor Vehicles, Counties


DESCRIPTION:
Provides for the distribution of the monetary assessments for
motor vehicle violations to the counties for use by their police
departments.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
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 291D-9, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]291D-9[]]  Monetary assessments.(a)  A person found
 
 4 to have committed a traffic infraction shall be assessed a
 
 5 monetary assessment not to exceed the maximum fine specified in
 
 6 the statute defining the traffic infraction.
 
 7      (b)  Notwithstanding section 291C-161 or any other law to
 
 8 the contrary, the district court of each circuit shall prescribe
 
 9 a schedule of monetary assessments for all traffic infractions,
 
10 and any additional assessments to be imposed pursuant to
 
11 subsection (c).  The particular assessment to be entered on the
 
12 notice of traffic infraction pursuant to section 291D-5 shall
 
13 correspond to the schedule prescribed by the district court.
 
14 Except after proceedings conducted pursuant to section 291D-8 or
 
15 a trial conducted pursuant to section 291D-13, monetary
 
16 assessments assessed pursuant to this chapter shall not vary from
 
17 the schedule prescribed by the district court having jurisdiction
 
18 over the traffic infraction.
 
19      (c)  In addition to any monetary assessment imposed for a
 

 
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 1 traffic infraction, the court may impose additional assessments
 
 2 for:
 
 3      (1)  Failure to pay a monetary assessment by the scheduled
 
 4           date of payment; or
 
 5      (2)  The cost of service of a penal summons issued pursuant
 
 6           to this chapter.
 
 7      (d)  The court may grant to a person claiming inability to
 
 8 pay, an extension of the period in which the monetary assessment
 
 9 shall be paid or may impose community service in lieu thereof.
 
10 If the assessment is not paid or the community service is not
 
11 performed on or before the date established and the court has not
 
12 extended the time, the court shall take action as provided in
 
13 section 291D-10.
 
14      (e)  Monetary assessments received from adjudicated and
 
15 unadjudicated traffic crimes and infractions shall be distributed
 
16 to the counties in accordance with section 291C-171 and used to
 
17 fund the appropriations of the police department in each county,
 
18 including salaries of the police department personnel."
 
19      SECTION 2.  Section 286-216, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]286-216[]  Fines,] Disposition of fees and [charges.]
 
22 fines.  All [moneys] fees collected under this part shall be paid
 
23 [into the state highway fund and shall be expended for the
 

 
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 1 purpose of this part.] to the county in which the traffic
 
 2 infraction occurred."
 
 3      SECTION 3.  Section 291-37, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  Any person guilty of omitting any of the required
 
 6 acts, or committing any of the prohibited acts of this chapter,
 
 7 or the rules adopted shall be guilty of a violation of this
 
 8 chapter and shall be fined not less than $25 nor more than
 
 9 $1,800; provided that any person guilty of omitting any of the
 
10 required acts, or committing any of the prohibited acts of
 
11 [sections] section 291-34, 291-35, or 291-36 shall be fined not
 
12 more than $600 and not less than the fine [which is] set forth in
 
13 the following tables:
 
14                                         The minimum fine for a
 
15          If the excess weight is:      first violation shall be:
 
16              100 to  1,500 pounds                 $125
 
17            1,501 to  2,000 pounds                  130
 
18            2,001 to  2,500 pounds                  140
 
19            2,501 to  3,000 pounds                  160
 
20            3,001 to  3,500 pounds                  180
 
21            3,501 to  4,000 pounds                  200
 
22            4,001 to  4,500 pounds                  225
 
23            4,501 to  5,000 pounds                  250
 

 
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 1            5,001 to  5,500 pounds                  275
 
 2            5,501 to  6,000 pounds                  300
 
 3            6,001 to  6,500 pounds                  330
 
 4            6,501 to  7,000 pounds                  360
 
 5            7,001 to  7,500 pounds                  390
 
 6            7,501 to  8,000 pounds                  420
 
 7            8,001 to  8,500 pounds                  455
 
 8            8,501 to  9,000 pounds                  490
 
 9            9,001 to  9,500 pounds                  525
 
10            9,501 to 10,000 pounds                  560
 
11            10,001 pounds and over                  580
 
12       If the excess dimension is:      The minimum fine shall be:
 
13                      Up to 5 feet                 $ 25
 
14     Over 5 feet and up to 10 feet                   50
 
15    Over 10 feet and up to 15 feet                   75
 
16                      Over 15 feet                  100
 
17 For the purpose of the imposition of a fine or penalty herein,
 
18 evidence of prior offenses shall be admissible.
 
19      For a second violation within one year of the first, the
 
20 fine for excess weight shall be not less than twice the fine
 
21 listed in the excess weight table above and not more than $1,200.
 
22 For a third or subsequent violation for excess weight previously
 
23 cited under this section within one year, the fine shall not be
 

 
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 1 less than triple the fine listed in the excess weight table above
 
 2 and not more than $1,800.
 
 3      For the purposes of this section, "person" means the driver
 
 4 of the vehicle unless the driver is an employee in the scope and
 
 5 course of employment, in which case "person" means the employer
 
 6 of the driver.  In the case of the transportation of a sealed
 
 7 container or transportation by flatrack, "person" means:
 
 8      (1)  The individual or company the cargo is consigned to; or
 
 9      (2)  The individual or company located in the State shipping
 
10           the cargo.
 
11 The consignee or the shipper shall not be cited if the power
 
12 units' drive axle group is overweight and the weight is not more
 
13 than that allowed for a tandem axle with any applicable
 
14 tolerances.
 
15      [All penalties] The proceeds of fines imposed and collected
 
16 for violations of sections 291-33 to 291-36 shall be [paid into
 
17 the state highway fund.] distributed to the county in which the
 
18 traffic infraction occurred.
 
19      The department of transportation is authorized to institute
 
20 a system where the minimum fine, based on the tables in this
 
21 subsection, may be mailed in when the citation or penalty is not
 
22 to be contested.  This system shall include an ability for the
 
23 owner of the vehicle or combination of vehicles to request the
 

 
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 1 operator be held harmless and the citation be transferred to that
 
 2 owner of the vehicle or combination of vehicles."
 
 3      SECTION 4.  Section 291C-111, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  With respect to highways under their respective
 
 6 jurisdictions, the director of transportation is authorized to
 
 7 and the counties by ordinance may prohibit or restrict the
 
 8 stopping, standing, or parking of vehicles where the stopping,
 
 9 standing, or parking is dangerous to those using the highway or
 
10 where the stopping, standing, or parking of vehicles would
 
11 interfere unduly with the free movement of traffic; provided that
 
12 the violation of any law or any ordinance, regardless of whether
 
13 established under this or any other section, prohibiting or
 
14 restricting the stopping, standing, or parking of vehicles shall
 
15 constitute a traffic infraction.  The counties shall not provide
 
16 any other penalty, civil or criminal, or any other charge, in the
 
17 form of rental or otherwise, in place of or in addition to the
 
18 fine to be imposed by the district court for any violation of any
 
19 ordinance prohibiting or restricting the stopping, standing, or
 
20 parking of vehicles.
 
21      This section shall not be construed as prohibiting the
 
22 authority of the director of transportation or the counties to
 
23 allow the stopping, standing, or parking of motor vehicles at a
 

 
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 1 "T-shaped" intersection on highways under their respective
 
 2 jurisdictions; provided that such stopping, standing, or parking
 
 3 of motor vehicles is not dangerous to those using the highway or
 
 4 where the stopping, standing, or parking of motor vehicles would
 
 5 not unduly interfere with the free movement of traffic.
 
 6      The appropriate police department and county or prosecuting
 
 7 attorney of the various counties shall enforce any law or
 
 8 ordinance prohibiting or restricting the stopping, standing, or
 
 9 parking of vehicles, including but not limited to the issuance of
 
10 parking tickets.  Any person committing a violation of any law or
 
11 ordinance, regardless of whether established under this or any
 
12 other section, prohibiting or restricting the stopping, standing,
 
13 or parking of vehicles shall be subject to a fine to be enforced
 
14 and collected by the district courts of this State [and to be
 
15 deposited into the state general fund for state use].  The
 
16 district courts shall transmit all adjudicated and unadjudicated
 
17 traffic crimes and infraction fine proceeds to the director of
 
18 finance for distribution to the counties."
 
19      SECTION 5.  Section 291C-171, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "291C-171  Disposition of fines and forfeitures.(a)  All
 
22 fines and forfeitures collected upon conviction or upon the
 
23 forfeiture of bail of any person charged with a violation of any
 

 
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 1 section or provision of the state traffic laws or county traffic
 
 2 ordinances and all assessments collected relating to the
 
 3 commission of traffic crimes and infractions shall be paid to the
 
 4 director of finance of the [State.] county in which the traffic
 
 5 infraction occurred.
 
 6      (b)  In addition to any monetary assessment imposed for a
 
 7 traffic infraction, the court may impose penalties on all
 
 8 outstanding traffic citations and judgments.  The penalties shall
 
 9 be established pursuant to rules approved by the supreme court;
 
10 provided that the amounts of the penalties shall be based upon a
 
11 graduated scale that increases in proportion to the length of the
 
12 delinquency.  Any interest penalty imposed as provided in this
 
13 section may be waived by the court for good cause.  All penalties
 
14 collected for such outstanding citations and judgments shall be
 
15 paid to the director of finance of the State.
 
16      (c)  The director of finance shall distribute all fine
 
17 proceeds from adjudicated and unadjudicated traffic crimes and
 
18 infractions that occurred in each county to each county in which
 
19 the traffic crime or infraction was issued.
 
20      (d)  For purposes of this section:
 
21      "County highway" means a highway or street, including the
 
22 sidewalk portion, that is owned or controlled by a county.
 
23      "County traffic ordinance" means an ordinance regulating:
 

 
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 1      (1)  The operation, stopping, standing, or parking of a
 
 2           vehicle on a county highway or other county property;
 
 3      (2)  The equipment, weight, or size of a vehicle operating
 
 4           on a county highway;
 
 5      (3)  The travel of a pedestrian, skater, or skateboarder on
 
 6           a county highway; or
 
 7      (4)  The conduct of a person in a county off-street parking
 
 8           lot.
 
 9      "State traffic law" means this chapter, chapter 286, and
 
10 chapter 291."
 
11      SECTION 6.  Section 706-643, Hawaii Revised Statutes, is
 
12 amended by amending subsection (2) to read as follows:
 
13      "(2)  All fines and other final payments received by a clerk
 
14 or other officer of a court shall be accounted for, with the
 
15 names of persons making payment, and the amount and date thereof,
 
16 being recorded.  All such funds shall be deposited with the
 
17 director of finance [to the credit of the general fund of the
 
18 State.  With respect to fines and bail forfeitures which are
 
19 proceeds of the wildlife revolving fund under section 183D-10.5,
 
20 the director of finance shall transmit the fines and forfeitures
 
21 to that fund.] and then distributed to the county in which the
 
22 traffic infraction occurred."
 
23      SECTION 7.  This Act does not affect rights and duties that
 

 
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 1 matured, penalties that were incurred, and proceedings that were
 
 2 begun, before its effective date.
 
 3      SECTION 8.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 9.  This Act shall take effect upon its approval.
 
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