REPORT TITLE:
Traffic Enforcement


DESCRIPTION:
Amends the photo red light imaging and photo speed imaging
detector demonstration project by including other photo
technology systems to improve traffic enforcement and reduce
traffic congestion by producing photographic identification of a
vehicle which crosses longitudinal traffic lane markings. 
(HB1636 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1636
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO TRAFFIC ENFORCEMENT.



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

 1      SECTION 1.  The legislature finds that there is a need to
 
 2 reduce traffic congestion on Hawaii's roads through the stricter
 
 3 enforcement of traffic control laws.
 
 4      In 1998, a three-year demonstration project was established
 
 5 that used new photo technologies to catch drivers who run red
 
 6 lights or exceed the posted speed limit on Hawaii's roads.  In
 
 7 particular, Act 234, Session Laws of Hawaii 1998, established the
 
 8 photo red light imaging and photo speed imaging detector
 
 9 demonstration project, which allows for the testing of these
 
10 technologies by private contractors and, among other things, for
 
11 the mailing of citations to violators rather than requiring the
 
12 citation to be physically given to the violator.
 
13      The purpose of this Act is to amend Act 234 to allow for the
 
14 use of other photo technologies, such as hand-held or mounted
 
15 video cameras, conventional cameras, and digital cameras, other
 
16 than photo speed imaging detectors and photo red light imaging
 
17 devices, to produce photographic identification of vehicles that
 
18 illegally cross longitudinal traffic lane markings.  In addition,
 
19 this Act amends the demonstration project to close a loop hole
 
20 with respect to registered owners of vehicles who are not the
 

 
Page 2                                                     1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 operators of the vehicle at the time of the alleged violation.
 
 2 Finally, this Act amends the traffic code to allow for the
 
 3 mailing of traffic citations to violators on access control roads
 
 4 to provide for greater enforcement of the traffic laws, reduce
 
 5 the potential for accidents, and speed up traffic flow.
 
 6                              PART I
 
 7      SECTION 2.  Section 286-45, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (b) to read as follows:
 
 9      "(b)  Any private contractor that has entered into a
 
10 contract with a county to implement the [photo red light imaging
 
11 and photo speed imaging detector] traffic enforcement
 
12 demonstration project pursuant to [[]section 5 et seq. of[]] Act
 
13 234, Session Laws of Hawaii 1998, may obtain from the county
 
14 finance director the names and addresses of registered motor
 
15 vehicle owners, which shall be used only as is necessary to carry
 
16 out the provisions of the contract and the purposes of that Act
 
17 and may not otherwise be publicly disclosed."
 
18      SECTION 3.  Section 286-172, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "(a)  Subject to authorization granted by the chief justice
 
21 with respect to the traffic records of the violations bureaus of
 
22 the district courts and of the circuit courts, the director of
 
23 transportation shall furnish information contained in the
 
24 statewide traffic records system in response to:
 

 
Page 3                                                     1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (1)  Any request from a state, a political subdivision of a
 
 2           state, or a federal department or agency, or any other
 
 3           authorized person pursuant to rules adopted by the
 
 4           director of transportation under chapter 91;
 
 5      (2)  Any request from a person having a legitimate reason,
 
 6           as determined by the director, as provided under the
 
 7           rules adopted by the director under paragraph (1), to
 
 8           obtain the information for verification of vehicle
 
 9           ownership, traffic safety programs, or for research or
 
10           statistical reports;
 
11      (3)  Any request from a person required or authorized by law
 
12           to give written notice by mail to owners of vehicles;
 
13           or
 
14      (4)  Any request from a private contractor that has entered
 
15           into a contract with a county as may be necessary to
 
16           implement the [photo red light imaging and photo speed
 
17           imaging detector] traffic enforcement demonstration
 
18           project pursuant to [[]section 5 et seq. of[]] Act 234,
 
19           Session Laws of Hawaii 1998.  The private contractor
 
20           may obtain from the director of transportation the
 
21           names and addresses of registered motor vehicle owners,
 
22           which shall be used only as is necessary to carry out
 
23           the provisions of the contract and the purposes of that
 
24           Act and may not otherwise be publicly disclosed."
 

 
Page 4                                                     1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      SECTION 4.  Section 291C-38, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  Longitudinal traffic lane markings shall have the
 
 4 following applications:
 
 5      (1)  A broken white line is used to indicate the edge of the
 
 6           traffic lane where travel is permitted in the same
 
 7           direction on both sides of the line and may be crossed
 
 8           by vehicular traffic when the crossing can be made with
 
 9           safety.
 
10      (2)  A broken yellow line is used to indicate the left edge
 
11           of a traffic lane where traffic on the other side of
 
12           the line moves in the opposite direction and may be
 
13           crossed by vehicular traffic only when overtaking or
 
14           passing a vehicle proceeding in the same direction or
 
15           when executing a left turn and then only if the
 
16           movement can be made with safety and does not interfere
 
17           with traffic moving in the opposite direction.
 
18      (3)  A solid white line is used to indicate the edge of the
 
19           traffic lane where travel in the same direction is
 
20           permitted on both sides of the line but where movement
 
21           from lane to lane is considered to be hazardous.  A
 
22           solid white line may be crossed only in unusual
 
23           circumstances and then only with great care.  A double
 

 
Page 5                                                     1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           width solid white line is used to emphasize a greater
 
 2           degree of hazard.
 
 3      (4)  A solid white line is also used to indicate the right
 
 4           edge of the pavement.
 
 5      (5)  A double solid white line is used to indicate the edges
 
 6           of traffic lanes where travel in the same direction is
 
 7           permitted on both sides of the double line but where
 
 8           movement from lane to lane is considered to be
 
 9           dangerous.  The crossing of a double solid white line
 
10           by vehicular traffic is prohibited.
 
11      (6)  A solid yellow line is used to indicate the left edge
 
12           of a traffic lane where overtaking and passing on the
 
13           left is prohibited.  The crossing of a solid yellow
 
14           line by vehicular traffic is prohibited except when the
 
15           crossing is part of a left turn movement.
 
16      (7)  A solid yellow line is also used to indicate the left
 
17           edge of each roadway of a divided street or highway.
 
18      (8)  A double solid yellow line is used to indicate the
 
19           separation between lanes of traffic moving in opposite
 
20           directions.  The crossing of a double solid yellow line
 
21           by vehicular traffic is prohibited except when the
 
22           crossing is part of a left turn movement.
 

 
 
 
Page 6                                                     1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (9)  A double line consisting of a broken yellow line and a
 
 2           solid yellow line is used to indicate a separation
 
 3           between lanes of traffic moving in opposite directions
 
 4           and vehicular traffic adjacent to the broken line is
 
 5           permitted to overtake or pass if the movement can be
 
 6           made with safety and does not interfere with traffic
 
 7           moving in the opposite direction.  The crossing of this
 
 8           double line by vehicular traffic adjacent to the solid
 
 9           line is prohibited except when the crossing is part of
 
10           a left turn movement.
 
11     (10)  A double broken yellow line is used to indicate the
 
12           edge of a reversible traffic lane where the direction
 
13           of the vehicular traffic may be changed from time to
 
14           time.
 
15     (11)  A dotted line is used to indicate the extension of a
 
16           line through an intersection or interchange.  It shall
 
17           be the same color as the line it extends.  [The] Unless
 
18           otherwise provided by a traffic control device, the
 
19           crossing of a dotted line by vehicular traffic is
 
20           subject to the same prohibitions and exceptions as are
 
21           applicable to the line it extends.
 
22     (12)  A solid white line when supplemented by official signs
 
23           or pavement markings, is used to indicate the
 

 
Page 7                                                     1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           separation of bicycle lanes from lanes of vehicular
 
 2           traffic flowing in the same direction.  Except as
 
 3           allowed under section 291C-123, vehicles other than
 
 4           bicycles shall be prohibited from operating in a
 
 5           bicycle lane."
 
 6      SECTION 5.  Section 291C-163, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  This chapter shall not be deemed to prevent counties
 
 9 with respect to streets and highways under their jurisdiction
 
10 from:
 
11      (1)  Regulating or prohibiting stopping, standing, or
 
12           parking except as provided in section 291C-111;
 
13      (2)  Regulating traffic by means of police officers or
 
14           official traffic-control devices;
 
15      (3)  Regulating or prohibiting processions or assemblages on
 
16           the highways;
 
17      (4)  Designating particular highways or roadways for use by
 
18           traffic moving in one direction;
 
19      (5)  Establishing speed limits for vehicles in public parks;
 
20      (6)  Designating any highway as a through highway or
 
21           designating any intersection as a stop or yield
 
22           intersection;
 
23      (7)  Restricting the use of highways;
 

 
Page 8                                                     1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (8)  Regulating the operation and equipment of and requiring
 
 2           the registration and inspection of bicycles, including
 
 3           the requirement of a registration fee;
 
 4      (9)  Regulating or prohibiting the turning of vehicles or
 
 5           specified types of vehicles;
 
 6     (10)  Altering or establishing speed limits;
 
 7     (11)  Requiring written accident reports;
 
 8     (12)  Designating no-passing zones;
 
 9     (13)  Prohibiting or regulating the use of controlled-access
 
10           roadways by any class or kind of traffic;
 
11     (14)  Prohibiting or regulating the use of heavily traveled
 
12           streets by any class or kind of traffic found to be
 
13           incompatible with the normal and safe movement of
 
14           traffic;
 
15     (15)  Establishing minimum speed limits;
 
16     (16)  Designating hazardous railroad grade crossing;
 
17     (17)  Designating and regulating traffic on play streets;
 
18     (18)  Prohibiting pedestrians from crossing a roadway in a
 
19           business district or any designated highway except in a
 
20           crosswalk;
 
21     (19)  Restricting pedestrian crossing at unmarked crosswalks;
 
22     (20)  Regulating persons propelling push carts;
 

 
 
 
Page 9                                                     1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1     (21)  Regulating persons upon skates, coasters, sleds, and
 
 2           other toy vehicles;
 
 3     (22)  Adopting and enforcing such temporary or experimental
 
 4           regulations as may be necessary to cover emergencies or
 
 5           special conditions;
 
 6     (23)  Adopting maximum and minimum speed limits on streets
 
 7           and highways within their respective jurisdictions;
 
 8     (24)  Adopting requirements on stopping, standing, and
 
 9           parking on streets and highways within their respective
 
10           jurisdictions except as provided in section 291C-111;
 
11     (25)  Entering into an agreement with any private contractor
 
12           to implement the [photo red light imaging and photo
 
13           speed imaging detector] traffic enforcement
 
14           demonstration project pursuant to [[]section 5 et seq.
 
15           of[]] Act 234, Session Laws of Hawaii 1998; or
 
16     (26)  Adopting such other traffic regulations as are
 
17           specifically authorized by this chapter."
 
18      SECTION 6.  Section 291C-165, Hawaii Revised Statutes, is
 
19 amended by amending subsection (b) to read as follows:
 
20      "(b)  In every case when a citation is issued, the original
 
21 of the citation shall be given to the violator[, or in]; provided
 
22 that:
 

 
 
 
Page 10                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (1)  In the case of an unattended vehicle, the original of
 
 2           the citation shall be affixed to the vehicle as
 
 3           provided for in section 291C-167[, or in]; or
 
 4      (2)  In the case of [a]:
 
 5           (A)  A vehicle utilizing the high occupancy vehicle
 
 6                lane illegally[,]; or
 
 7           (B)  A traffic or other violation on a controlled
 
 8                access highway that is recorded through the use of
 
 9                a hand-held or mounted video camera, conventional
 
10                camera, or digital camera that produces
 
11                photographic identification of a vehicle,
 
12           the original of the citation shall be sent by certified
 
13           or registered mail, with a return receipt that is
 
14           postmarked within forty-eight hours of the time of the
 
15           incident, to the registered owner of the vehicle at the
 
16           address on record at the vehicle licensing division as
 
17           provided in section 291C-223.  If the end of the forty-
 
18           eight hour period falls on a Saturday, Sunday, or
 
19           holiday, then the ending period shall run until the end
 
20           of the next day which is not a Saturday, Sunday, or
 
21           holiday; provided that the administrative judge of the
 
22           district courts may allow a carbon copy of the citation
 
23           to be given to the violator or affixed to the vehicle
 

 
Page 11                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           and provide for the disposition of the original and any
 
 2           other copies of the citation."
 
 3                              PART II
 
 4      SECTION 7.  Act 234, Session Laws of Hawaii 1998, is amended
 
 5 as follows:
 
 6      1.  By adding a new section 1A to read:
 
 7      "SECTION 1A.  The legislature finds that there is a need to
 
 8 reduce traffic congestion during rush hour, particularly on
 
 9 controlled access highways such as the H-1 freeway on Oahu.
 
10      In some instances, vehicles that illegally cross certain
 
11 longitudinal traffic lane markings create hazardous driving
 
12 situations that slow down traffic, thereby adding to rush hour
 
13 congestion.  Current law, however, requires police officers in
 
14 these instances to pull over violators and hand them a ticket.
 
15 Allowing police to pull vehicles over is both counterproductive
 
16 --it simply increases traffic congestion as motorists
 
17 "rubberneck" to see why someone was being pulled over--as well as
 
18 extremely dangerous on the freeway.  The legislature therefore
 
19 finds that conventional police enforcement is dangerous and
 
20 delays law-abiding drivers.  However, existing law does not allow
 
21 for citations to be mailed to violators.
 
22      In other instances, existing design flaws on H-1 that failed
 
23 to anticipate the large volume of traffic during rush hour can be
 

 
Page 12                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 corrected in some instances by using signs, traffic cones, and
 
 2 other traffic control devices to route vehicles in a manner that
 
 3 tends to reduce traffic congestion.  For example, the state
 
 4 department of transportation has used traffic control devices to
 
 5 prohibit vehicles from crossing over certain lanes on the H-1
 
 6 freeway at the Lunalilo street on-ramp as an experiment to see
 
 7 how traffic flows on H-1 if cars are prohibited from merging into
 
 8 the H-1 traffic at that on-ramp.  While the department found that
 
 9 the traffic control devices significantly improved the flow of
 
10 traffic, which could speed up the morning and afternoon commute
 
11 into downtown Honolulu, there are two potential problems with
 
12 this approach.
 
13      The first problem is that existing law needs to be changed
 
14 to allow for the police or traffic control devices to direct
 
15 motorists not to cross the dotted lines on certain lanes during
 
16 specified hours.  Second, in trial runs, many drivers simply
 
17 ignored cones or posted signs and crossed over into the
 
18 prohibited lanes anyway.  To effectively change these motorists'
 
19 driving behavior, a further change in the law is necessary to
 
20 allow for traffic enforcement through video surveillance that
 
21 would allow for the mailing in of traffic citations rather than
 
22 requiring officers to pull motorists over in traffic to hand them
 
23 a ticket.
 

 
Page 13                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      The legislature finds that photo technologies other than
 
 2 photo speed imaging detectors and photo red light imaging
 
 3 devices, such as hand-held or mounted video cameras, conventional
 
 4 cameras, and digital cameras, can be used to produce photographic
 
 5 identification of vehicles that illegally cross longitudinal
 
 6 traffic lane markings.  These photo systems could be operated by
 
 7 police officers or could be contracted out to a private
 
 8 contractor."
 
 9      2.  By amending section 5 by adding a new definition to be
 
10 appropriately inserted and to read:
 
11      ""Photo technology system" means hand-held or mounted video
 
12 cameras, conventional cameras, or digital cameras, other than
 
13 photo speed imaging detectors and photo red light imaging
 
14 devices, that are used to improve traffic enforcement and reduce
 
15 traffic congestion by producing photographic identification of a
 
16 vehicle which crosses longitudinal traffic lane markings in
 
17 violation of section 291C-38(c)."
 
18      3.  By amending section 6 to read:
 
19      "SECTION 6.  [Photo red light imaging and photo speed
 
20 imaging detector] Traffic enforcement demonstration project.  (a)
 
21 Subject to this Act, each county may establish a three-year
 
22 demonstration project in selected areas of that county to provide
 
23 for the implementation of photo red light imaging, [and] photo
 

 
Page 14                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 speed imaging detector, and photo technology systems to improve
 
 2 traffic enforcement as provided in this Act.  The demonstration
 
 3 project shall be limited to state or county highways and shall
 
 4 document the effectiveness of these systems.  The contractor
 
 5 shall provide a public information campaign to inform local
 
 6 drivers about the use of [the photo red light imaging and photo
 
 7 speed imaging detector] these systems before any citation or
 
 8 summons is actually issued.
 
 9      (b)  Notwithstanding any other law to the contrary, the
 
10 demonstration project may include the use of photo technology
 
11 systems, in addition to photo red light imaging and photo speed
 
12 imaging detector systems, to improve traffic enforcement and
 
13 reduce traffic congestion, particularly on controlled access
 
14 highways on Oahu.  These photo technology systems:
 
15      (1)  May be operated by either private contractors or county
 
16           police department personnel at the election of the
 
17           police chief of each county; and
 
18      (2)  Shall be used only to produce photographic
 
19           identification of vehicles which are operated in
 
20           violation of section 291C-38(c), Hawaii Revised
 
21           Statutes, regarding longitudinal traffic lane
 
22           markings."
 
23      4.  By adding a new section 8A to read:
 

 
Page 15                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      "SECTION 8A.  Photo technology systems.  (a)  Subject to
 
 2 this Act, each county may establish photo technology systems
 
 3 imposing monetary liability on the registered owner of a motor
 
 4 vehicle for failure to comply with section 291C-38(c), Hawaii
 
 5 Revised Statutes, regarding longitudinal traffic lane markings,
 
 6 in accordance with this Act.  Each county may provide for the
 
 7 installation and operation of photo technology systems on no more
 
 8 than twenty-five state or county highways at any one time in any
 
 9 county; provided that these systems shall primarily be used on
 
10 controlled access highways on Oahu.
 
11      (b)  Proof of a violation of section 291C-38(c), Hawaii
 
12 Revised Statutes, shall be evidenced by information obtained from
 
13 the photo technology systems authorized pursuant to this Act.  A
 
14 certificate, sworn to or affirmed by the contractor or the
 
15 contractor's agent or employee, or a facsimile thereof, based
 
16 upon inspection of photographs, microphotographs, videotape, or
 
17 other recorded images produced by the system, shall be prima
 
18 facie evidence of the facts contained therein.  Any photographs,
 
19 microphotographs, videotape, or other recorded images, including
 
20 digitally produced images, evidencing a violation shall be
 
21 available for inspection in any proceeding to adjudicate the
 
22 liability for that violation.
 

 
 
 
Page 16                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (c)  A contractor may issue a citation or summons pursuant
 
 2 to section 10 on the basis of a photo technology system if the
 
 3 following conditions are met:
 
 4      (1)  The photo technology system is operated by a uniformed
 
 5           police officer or a contractor who is authorized to
 
 6           operate that system pursuant to this Act;
 
 7      (2)  Signs indicating that a photo technology system is in
 
 8           use are posted on all major routes entering the area in
 
 9           question, as far as practicable, providing notice to a
 
10           motorist that such a system may be used; and
 
11      (3)  The photo technology system is used for no more than
 
12           four hours per day in any one location.
 
13 The conditions specified in this subsection shall not apply when
 
14 the information gathered is used for highway safety research or
 
15 to issue warning citations not involving a fine, court
 
16 appearance, or a person's driving record."
 
17      5.  By amending subsection (a) of section 9 to read:
 
18      "(a)  Each county shall designate locations on state or
 
19 county highways in that county that are appropriate for the
 
20 installation of:
 
21      (1)  Photo red light imaging and photo technology systems,
 
22           with the assistance of the director; and
 

 
 
 
Page 17                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (2)  Photo speed imaging detector systems, without the
 
 2           assistance of the director."
 
 3      6.  By amending subsection (a) of section 10 to read:
 
 4      "(a)  Notwithstanding any law to the contrary, whenever any
 
 5 motor vehicle is determined by means of:
 
 6      (1)  The photo red light imaging system to have disregarded
 
 7           a steady red signal in violation of section
 
 8           291C-32(a)(3), Hawaii Revised Statutes; [or]
 
 9      (2)  The photo speed imaging detector system to be in excess
 
10           of the legal speed limit in violation of section
 
11           291C-102, Hawaii Revised Statutes[,]; or
 
12      (3)  The photo technology system to have crossed
 
13           longitudinal traffic lane markings in violation of
 
14           section 291C-38(c), Hawaii Revised Statutes;
 
15 the contractor shall cause a summons or citation as described in
 
16 this section to be sent by certified or registered mail, with a
 
17 return receipt that is postmarked within forty-eight hours of the
 
18 time of the incident, to the registered owner of the vehicle at
 
19 the address on record at the vehicle licensing division.  If the
 
20 end of the forty-eight hour period falls on a Saturday, Sunday,
 
21 or holiday, then the ending period shall run until the end of the
 
22 next day which is not a Saturday, Sunday, or holiday."
 
23      7.  By amending section 11 to read:
 

 
Page 18                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      "SECTION 11.  Registered owner's responsibility for a
 
 2 summons or citation.  In any proceeding for a violation of this
 
 3 Act, the information contained in the summons or citation mailed
 
 4 in accordance with section 6 or section  10 shall be deemed
 
 5 evidence that the registered vehicle violated section
 
 6 291C-32(a)(3), 291C-38(c), or 291C-102, Hawaii Revised Statutes."
 
 7      8.  By amending section 12 to read:
 
 8      "SECTION 12.  Prima facie evidence.(a)  Whenever the photo
 
 9 red light imaging system, photo technology system, or the photo
 
10 speed imaging detector system determines a motor vehicle to be in
 
11 violation of section 291C-102, 291C-38(c), or 291C-32(a)(3),
 
12 Hawaii Revised Statutes, as applicable, evidence that the motor
 
13 vehicle described in the citations or summons issued pursuant to
 
14 this Act was operated in violation of those sections of the
 
15 Hawaii Revised Statutes, together with proof that the person to
 
16 whom the summons or citation was sent was the registered owner of
 
17 the motor vehicle at the time of the violation, shall constitute
 
18 prima facie evidence that the registered owner of the motor
 
19 vehicle was the person who committed the violation.
 
20      (b)  The registered owner of the vehicle may rebut the prima
 
21 facie evidence in subsection (a) by:
 
22      (1)  Submitting a written statement as provided in section
 
23           291D-6(b)(2), Hawaii Revised Statutes;
 

 
Page 19                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (2)  Testifying in open court under oath that the person was
 
 2           not the operator of the vehicle at the time of the
 
 3           alleged violation[; or], in which case the person shall
 
 4           submit to the court an affidavit stating the identity
 
 5           of the operator of the vehicle, to the best of that
 
 6           person's knowledge, and shall further submit to the
 
 7           court the name, current address, and any other
 
 8           information regarding the identity of the operator.
 
 9           The contractor shall cause a summons or citation to be
 
10           mailed to the operator of the vehicle identified by the
 
11           registered owner as provided in section 10;
 
12      (3)  Presenting, prior to the return date established on the
 
13           citation or summons issued pursuant to this Act, a
 
14           letter of verification of loss from the police
 
15           department to the court adjudicating the alleged
 
16           violation[.]; or
 
17      (4)  Submitting a written statement that the vehicle in
 
18           question was a rental or U-drive vehicle subject to
 
19           chapter 437D, Hawaii Revised Statutes."
 
20      9.  By amending section 15 to read:
 
21      "SECTION 15.  Penalty.  The penalties for all consequences
 
22 of a violation for speeding initiated by the use of a photo speed
 
23 imaging detector system, [or] for disregarding a steady red
 

 
Page 20                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1 signal initiated by the use of a photo red light imaging system,
 
 2 or for illegally crossing longitudinal traffic lane markings
 
 3 shall be as provided in section 291C-161, Hawaii Revised
 
 4 Statutes."
 
 5      10.  By amending subsection (a) of section 16 to read:
 
 6      "(a)  The department shall develop a request for proposals
 
 7 to purchase, lease, rent, use, install, maintain, and operate
 
 8 photo red light imaging [and], photo speed imaging detector, and
 
 9 photo technology systems in any county as provided in this Act.
 
10 The request for proposals and all aspects of the contract shall
 
11 be subject to chapter 103D, Hawaii Revised Statutes."
 
12      11.  By amending subsections (a) and (b) of section 17 to
 
13 read:
 
14      "(a)  Each county, with prior approval from the department,
 
15 may contract with one or more contractors to purchase, lease,
 
16 rent, use, install, maintain, and operate photo red light imaging
 
17 [and], photo speed imaging detector, and photo technology systems
 
18 as provided in this Act.
 
19      (b)  Notwithstanding any other law to the contrary, the
 
20 contractor shall provide the following services and activities to
 
21 implement the photo speed imaging detector [and], photo red light
 
22 imaging, and photo technology systems:
 
23      (1)  Equipment installation;
 

 
Page 21                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1      (2)  Data processing, including custom software development
 
 2           and integration;
 
 3      (3)  Staffing and training of law enforcement personnel and
 
 4           other persons as necessary to provide for effective
 
 5           traffic enforcement;
 
 6      (4)  Film delivery, retrieval, and processing;
 
 7      (5)  Image evaluation;
 
 8      (6)  License plate identification and verification;
 
 9      (7)  Review of individual motor vehicle registration
 
10           records, pursuant to sections 286-45 and 286-172,
 
11           Hawaii Revised Statutes, to obtain access only to the
 
12           registered motor vehicle owner's name and address; this
 
13           data shall only be used as is necessary to carry out
 
14           the provisions of the contract and the purposes of this
 
15           Act and may not otherwise be publicly disclosed;
 
16      (8)  Citation generation, processing, and tracking;
 
17      (9)  Data transfer to agency and court;
 
18     (10)  Violation and statistical data collection, analysis,
 
19           and reporting;
 
20     (11)  Twenty-four-hour support services, consulting,
 
21           technical assistance, and Internet access;
 
22     (12)  Community awareness and public relations services; and
 

 
 
 
Page 22                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1     (13)  Any other services, activities, or equipment deemed
 
 2           necessary by the department and each county."
 
 3      12.  By amending subsection (f) of section 17 to read:
 
 4      "(f)  The department of budget and finance shall create an
 
 5 account and set aside a portion of the revenues received from the
 
 6 fines obtained from citations initiated as a result of the [photo
 
 7 speed imaging detector and photo red light imaging] traffic
 
 8 enforcement demonstration project to offset the contractor's
 
 9 costs of operating the photo speed imaging detector and photo red
 
10 light imaging systems."
 
11      13.  By amending section 23 to read:
 
12      "SECTION 23.  Report.  Each county shall submit interim and
 
13 final reports to the legislature as follows:
 
14      (1)  The interim report shall document the progress made in
 
15           implementing the demonstration project and any contract
 
16           entered into with a private contractor.  The interim
 
17           report shall be submitted to the legislature no later
 
18           than twenty days before the convening of the regular
 
19           sessions of 1999 and 2000; and
 
20      (2)  The final report shall evaluate the effectiveness of
 
21           the demonstration project, and shall include the
 
22           following:
 

 
 
 
Page 23                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1           (A)  The total fine revenue generated by using the
 
 2                photo speed imaging detector [and], photo red
 
 3                light imaging, and photo technology systems;
 
 4           (B)  The number of citations and summonses issued by
 
 5                the photo speed imaging detector [and], photo red
 
 6                light imaging, and photo technology systems;
 
 7           (C)  The amount paid to the contractor providing the
 
 8                photo speed imaging detector [and], photo red
 
 9                light imaging, and photo technology systems;
 
10           (D)  The effect of the demonstration project on traffic
 
11                safety;
 
12           (E)  The degree of public acceptance of the project;
 
13           (F)  The process of administration of the project;
 
14           (G)  An evaluation of the costs and benefits of the
 
15                project;
 
16           (H)  A review of the effectiveness of contracts entered
 
17                into under this Act and the performance of the
 
18                contractor;
 
19           (I)  Recommendations for design or planning changes
 
20                that might reduce traffic congestion on state or
 
21                county highways; and
 
22           (J)  Findings and recommendations as to whether to
 
23                continue any contract entered into pursuant to
 

 
Page 24                                                    1636
                                     H.B. NO.           H.D. 2
                                                        
                                                        


 1                this Act, make the project permanent, or adopt
 
 2                another alternative.
 
 3           The final report shall include any proposed
 
 4           implementing legislation as may be necessary, and shall
 
 5           be submitted to the legislature no later than twenty
 
 6           days before the convening of the regular session of
 
 7           2001."
 
 8      SECTION 8.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 9.  This Act shall take effect upon its approval.