Report Title:

Repeal of traffic enforcement demonstration project; automated enforcement devices; prohibition of use

Description:

Repeals the traffic enforcement demonstration project and prohibits the use of automated enforcement devices to detect violations of traffic regulations except in specified areas.

THE SENATE

S.B. NO.

2194

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to TRAFFIC ENFORCEMENT.

 

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

SECTION 1. The purpose of this Act is to repeal the traffic enforcement demonstration project, as enacted by Act 234, Session Laws of Hawaii 1998, and as subsequently amended by Act 263, Session Laws of Hawaii 1999; Act 240, Session Laws of Hawaii 2000; and Act 55, Session Laws of Hawaii 2001, and to prohibit the use of automated enforcement devices to enforce traffic regulations relating to speed limits.

SECTION 2. Automated enforcement devices may not be used by state or local law enforcement authorities to determine compliance with any traffic regulations regarding speed limit restrictions imposed by chapter 291C of the Hawaii Revised Statutes or local ordinances in conformity therewith.

SECTION 3. For the purpose of this Act, "automated enforcement device" means a system operated by a state or local authority or by any entity on behalf of any state or local authority that uses a machine to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle used in committing the violation, the operator of the vehicle or the license plate of the vehicle.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. Act 234, Session Laws of Hawaii 1998, section 29, as amended by Act 240, Session Laws of Hawaii 2000, section 21, is amended to read as follows:

"SECTION 29. This Act shall take effect on July 1, 1998; provided that on July 1, [2003,] 2002, this Act shall be repealed and [sections]:

(1) Sections 286-45, 286-172(a), and 291C-163(a), Hawaii Revised Statutes, are reenacted in the form in which they read on June 30, 1998 [.];

(2) Sections 291C-38(c) and 291C-165(b), Hawaii Revised Statutes, are reenacted in the form in which they read on July 5, 1999; and

(3) Section 291C-223, Hawaii Revised Statutes, is reenacted in the form in which it read on June 30, 2000."

SECTION 6. Notwithstanding any law to the contrary:

(1) All unencumbered and unexpended moneys remaining in the photo enforcement revolving fund established pursuant to section 7 of Act 240, Session Laws of Hawaii 2000, on July 1, 2002, shall be transferred to the state general fund;

(2) Any amounts that continue to be owing to the contractor for unpaid outstanding citations or for any other amounts as of July 1, 2002, under any contract entered into pursuant to section 17 of Act 234, Session Laws of Hawaii 1998, as amended, shall be paid out of state general fund moneys; and

(3) All summonses and citations issued before July 1, 2002 pursuant to section 10 of Act 234, Session Laws of Hawaii 1998, as amended, shall remain valid and are not otherwise affected by the repeal of that Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on June 30, 2002.

 

INTRODUCED BY:

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