Report Title:

Traffic Violations; Counties; Enforcement

 

Description:

Authorizes counties to enforce penalties for certain moving traffic violations and to retain the fines collected therefore.

 

THE SENATE

S.B. NO.

596

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COUNTIES.

 

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

SECTION 1. Section 46-16, Hawaii Revised Statutes, is amended to read as follows:

"§46-16 Traffic regulation [and control over private streets.]; county powers. (a) Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic regulations and place appropriate traffic control devices, and may enforce chapters 286, 291, and 291C, including the imposition of criminal penalties and fines, for violations occurring on [the following categories of private streets, highways, or thoroughfares, except private roads used primarily for agricultural and ranching purposes:

(1) Any private street, highway, or thoroughfare which has been used continuously by the general public for a period of not less than six months; provided that the county shall not be responsible for the maintenance and repair of the private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that street, highway, or thoroughfare; provided further that no adverse or prescriptive rights shall accrue to the general public when the county imposes or enforces traffic regulations and highway safety laws or places appropriate traffic control devices on that street, highway, or thoroughfare; nor shall county consent to the placement of traffic control signs or markings on a private street be deemed to constitute control over that street; and

(2) Any private street, highway, or thoroughfare which is intended for dedication to the public use as provided in section 264-1 and is open for public travel but has not yet been accepted by the county.] any street or

roadway located within that county; provided that the State shall have sole authority to enforce part VII of chapter 286, and sections 291-3.1, 291-3.2, 291-3.3, 291-3.4, 291-4, 291-4.3, 291-4.4, 291-4.5, 291-4.6, 291-5, 291-6, and 291-7.

(b) Prior to instituting any criminal fine or penalty provided by chapters 286, 291, and 291C, the county shall give the arrestee an opportunity to be heard, to present evidence, to examine witnesses and take testimony, and to be represented by counsel. The arrestee shall have the right to appeal a criminal fine or penalty to the circuit court of the county in which the fine or penalty was imposed.

(c) Fines collected by each county for violations of chapters 286, 291, and 291C shall be placed in the county treasury for the county in which the violation occurred."

SECTION 2. Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Each county shall enforce chapters 286, 291, and 291C on any street or roadway located within that county; provided that the State shall have sole authority to enforce part VII of chapter 286, and sections 291-3.1, 291-3.2, 291-3.3, 291-3.4, 291-4, 291-4.3, 291-4.4, 291-4.5, 291-4.6, 291-5, 291-6 and

291-7. The [court] county may require a person who violates any of the provisions of this chapter to attend a course of instruction in driver retraining as deemed appropriate by the [court,] county, in addition to any other penalties imposed."

SECTION 3. Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:

"§291C-171 Disposition of fines and forfeitures. (a) All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws under county jurisdiction and all assessments collected relating to the commission of traffic infractions under county jurisdiction shall be paid to the [director of finance of the State.] county treasury.

(b) In addition to any monetary assessment imposed for a traffic infraction, the [court] county may impose penalties on all outstanding traffic citations and judgments. The penalties shall be established pursuant to [rules] ordinances approved by the [supreme court;] county council; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency. Any interest penalty imposed as provided in this section may be waived by the [court] county for good cause. All penalties collected for such outstanding citations and judgments shall be paid to the [director of finance of the State.] county treasury."

SECTION 4. Section 291C-171.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The state attorney general or county counsel may institute proceedings to collect the fine, and costs, including interest and attorney's fees, as a civil judgment in the court of appropriate jurisdiction."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2002.

INTRODUCED BY:

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