Report Title:

Uncontested Traffic Infractions; Fines and Forfeitures to Counties

 

Description:

Requires director of finance to transmit a specified percentage of fines and forfeitures paid for uncontested traffic infractions to the counties.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

219

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to traffic infractions.

 

 

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

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter  

TRANSMITTAL OF UNCONTESTED TRAFFIC FINES

AND FORFEITURES TO COUNTIES

     §   -1  Definitions.  For purposes of this chapter, unless the context clearly requires otherwise:

     "Traffic infraction" means the same as defined under section 291D-2.

     "Uncontested traffic infraction" means a traffic infraction for which the person noticed under section 291D-5 does not contest the infraction.  A person "does not contest" an infraction if, in accordance with section 291D-6(b)(1), the person admits the commission of the infraction without requesting a hearing to explain mitigating circumstances and pays or remits bail forfeiture by mail within thirty days.

§   -2  Transmittal of fines and forfeitures.  (a)  The state director of finance shall transmit to each county not more than thirty days after the end of each fiscal quarter       per cent of all fines and forfeitures collected for uncontested traffic infractions committed in that county which are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau.

(b)  Subsection (a) shall not apply to:

(1)  Fines and forfeitures for violations that occur on state off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; and

(2)  Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund.

No county shall be entitled to any portion of the fines and forfeitures described in this subsection."

     SECTION 2.  Section 291C-171, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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 and all assessments collected relating to the commission of traffic infractions shall be paid to the state director of finance [of the State].

     The judiciary shall identify those uncontested traffic infractions as defined in section    -1.  The disposition of fines and forfeitures paid to the state director of finance shall be subject to section    -2."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2009.

 

INTRODUCED BY:

_____________________________

 

 

By Request