REPORT TITLE:
County Revenues


DESCRIPTION:
Transfers a blank percentage of fines and forfeitures retained by
the State to the counties.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.113        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO COUNTY REVENUES.



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

 1      SECTION 1.  Chapter 142, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to part IV to be appropriately designated
 
 3 and to read as follows:
 
 4      "142-    Fines and forfeitures; apportionment.  A       per
 
 5 cent of all fines and forfeitures imposed under this part, part
 
 6 II, and part III that are not deposited directly into a county
 
 7 fund or used to pay county expenses shall be deposited with the
 
 8 state director of finance pursuant to section 706-643."
 
 9      SECTION 2.  Chapter 237, Hawaii Revised Statutes, is amended
 
10 by adding a new section to be appropriately designated and to
 
11 read as follows:
 
12      "237-    Reimbursement for amounts of taxes passed on to
 
13 county governments by licensees.  The counties shall be
 
14 reimbursed for amounts of general excise taxes passed on to them
 
15 by licensees under this chapter.  The counties shall annually
 
16 submit a claim to the department of budget and finance for
 
17 reimbursement of their expenditures for taxes paid under this
 
18 chapter."
 
19      SECTION 3.  Chapter 291C, Hawaii Revised Statutes, is
 

 
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 1 amended by adding a new section to be appropriately designated
 
 2 and to read as follows:
 
 3      "291C-    Transmittal of fines and forfeitures to county.
 
 4 (a)  For the purposes of this section, "violation" means an
 
 5 infraction or violation of any state law or county ordinance
 
 6 relating to motor and other vehicles, including, but not limited
 
 7 to, highway safety, vehicle equipment safety, driver licensing,
 
 8 motor vehicle safety responsibility, used motor vehicle parts and
 
 9 accessories, abandoned vehicles, and bicycles; traffic
 
10 violations; and violations of the statewide traffic code.
 
11      (b)  The state director of finance shall transmit to each
 
12 county, not more than thirty days after the end of each fiscal
 
13 quarter,         per cent of the fines and forfeitures collected
 
14 for convictions of, or forfeitures of bail by, persons charged
 
15 with violations in that county.
 
16      (c)  This section shall not apply to fines and forfeitures
 
17 from violations that occur in state off-street parking
 
18 facilities, parks, airports, and harbors that are subject to
 
19 enforcement by state personnel."
 
20      SECTION 4.  Section 143-9, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "143-19  Penalty.  (a)  Any person violating any of the
 

 
 
 
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 1 provisions of this chapter for which no special penalty is
 
 2 provided shall be fined not more than $50.
 
 3      (b)  A      per cent of all fines and forfeitures collected
 
 4 under this chapter that are not deposited directly into a county
 
 5 fund shall be deposited with the state director of finance
 
 6 pursuant to section 706-643; except that the fines collected
 
 7 under section 143-8 shall be paid as provided under that
 
 8 section."
 
 9      SECTION 5.  Section 239-10, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "239-10  [Disposition of revenues.] Revenue sharing with
 
12 counties.  (a)  All taxes collected under this chapter [shall be]
 
13 as state realizations[.] shall be subject to sharing with the
 
14 counties as provided in this section.
 
15      (b)  The State shall retain all moneys collected from the
 
16 tax under this chapter in an amount not to exceed     per cent of
 
17 the gross income of each public service company paying the tax
 
18 and shall transfer to the counties all such moneys in excess of
 
19            per cent of such gross income.  The State shall
 
20 transfer the moneys quarterly within forty-five days after the
 
21 close of each fiscal quarter.
 
22      (c)  The amount of moneys received by each county under
 

 
 
 
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 1 subsection (b) shall be based upon the proportional contribution
 
 2 of actual tax receipts generated within the county.
 
 3      (d)  The counties shall not assess any additional taxes on
 
 4 public service companies."
 
 5      SECTION 6.  Section 291A-1, Hawaii Revised Statutes, is
 
 6 amended as follows:
 
 7      1.  By amending article II, subsection (c), to read:
 
 8      "(c)  "Compact administrator" means the [administrative
 
 9 director of the courts or designee.] administrators of the
 
10 traffic violations bureaus in the counties of Hawaii, Kauai,
 
11 Maui, and the city and county of Honolulu, acting jointly."
 
12      2.  By amending article II, subsection (g), to read:
 
13      "(g)  "Licensing authority" means the [administrative
 
14 director of the courts or designee.] administrators of the
 
15 traffic violations bureaus in the counties of Hawaii, Kauai,
 
16 Maui, and the city and county of Honolulu, acting jointly."
 
17      3.  By amending article VI, subsection (a), to read:
 
18      "(a)  The motor vehicle administrator of each party state
 
19 shall be the administrator of this compact for their state.  For
 
20 the State of Hawaii, the [administrative director of the courts
 
21 or designee] administrators of the traffic violations bureaus in
 
22 the counties of Hawaii, Kauai, Maui, and the city and county of
 

 
 
 
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 1 Honolulu, acting jointly, shall be the [administrator]
 
 2 administrators of this compact.  The motor vehicle
 
 3 administrators[,] of each county, acting jointly, shall have the
 
 4 power to formulate all necessary and proper procedures for the
 
 5 exchange of information under this compact."
 
 6      SECTION 7.  Section 291C-111, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  With respect to highways under their respective
 
 9 jurisdictions, the director of transportation is authorized to,
 
10 and the counties by ordinance may, prohibit or restrict the
 
11 stopping, standing, or parking of vehicles where the stopping,
 
12 standing, or parking is dangerous to those persons using the
 
13 highway, or where the stopping, standing, or parking of vehicles
 
14 would interfere unduly with the free movement of traffic;
 
15 provided that the violation of any law or [any] ordinance,
 
16 regardless of whether established under this or any other
 
17 section, prohibiting or restricting the stopping, standing, or
 
18 parking of vehicles, shall constitute a traffic infraction.  The
 
19 counties shall not provide any other penalty, civil or criminal,
 
20 or any other charge, in the form of rental or otherwise, in place
 
21 of, or in addition to, the fine to be imposed by the district
 
22 court for any violation of any ordinance prohibiting or
 

 
 
 
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 1 restricting the stopping, standing, or parking of vehicles.
 
 2      This section shall not be construed [as prohibiting the
 
 3 authority of] to prohibit the director of transportation or the
 
 4 counties [to allow] from allowing the stopping, standing, or
 
 5 parking of motor vehicles at a "T-shaped" intersection on
 
 6 highways under their respective jurisdictions[; provided that
 
 7 such] if the stopping, standing, or parking of motor vehicles is
 
 8 not dangerous to those persons using the highway, or [where] if
 
 9 the stopping, standing, or parking of motor vehicles [would] will
 
10 not unduly interfere with the free movement of traffic.
 
11      The appropriate police department, and county or prosecuting
 
12 attorney of the various counties, shall enforce any law or
 
13 ordinance prohibiting or restricting the stopping, standing, or
 
14 parking of vehicles, including, but not limited to, the issuance
 
15 of parking tickets.  Any person committing a violation of any law
 
16 or ordinance, regardless of whether established under this or any
 
17 other section, prohibiting or restricting the stopping, standing,
 
18 or parking of vehicles, shall be subject to a fine to be enforced
 
19 and collected by the district courts of [this] the State, and to
 
20 be [deposited into the state general fund for State use.] paid to
 
21 the state director of finance."
 
22      SECTION 8.  Section 291C-171, Hawaii Revised Statutes, is
 

 
 
 
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 1 amended to read as follows:
 
 2      "291C-171  Disposition of fines and forfeitures.  All fines
 
 3 and forfeitures collected upon conviction of or [upon the]
 
 4 forfeiture of bail [of] by any person charged with [a violation
 
 5 of] violating any section or provision of the state traffic laws
 
 6 and all assessments collected relating to the commission of
 
 7 traffic infractions shall be paid to the state director of
 
 8 finance [of the State].  The disposition of fines and forfeitures
 
 9 paid to the state director of finance shall be subject to section
 
10 291C-   ."
 
11      SECTION 9.  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, the reason for the payment, and
 
16 the amount and date thereof[,] being recorded.  All [such] funds
 
17 shall be deposited with the state director of finance to the
 
18 credit of the general fund of the State[.]; provided that prior
 
19 to deposit into the state general fund, the state director of
 
20 finance shall transmit to each county         per cent of all
 
21 revenues collected from traffic and animal control violations
 
22 during the preceding fiscal year by any district court in the
 

 
 
 
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 1 respective county involving traffic or animal violations within
 
 2 its jurisdiction.  The state director of finance, on or before
 
 3 September 15 of each year, shall pay the amount as prescribed
 
 4 above to the respective directors of finance of each county for
 
 5 deposit in the general fund of each county.  With respect to
 
 6 fines and bail forfeitures [which] that are proceeds of the
 
 7 wildlife revolving fund under section 183D-10.5, the state
 
 8 director of finance shall transmit the fines and forfeitures to
 
 9 that fund."
 
10      SECTION 10.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 11.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY: ________________________