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.  (SB709
HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        709
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 2
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, that 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 loophole
 
20 with respect to registered owners of vehicles who are not the
 

 
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 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:
 

 
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 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."
 

 
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 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
 

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

 
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 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           authorized by a traffic-control device or a traffic or
 
19           police officer under section 291C-31, the crossing of a
 
20           dotted line by vehicular traffic is subject to the same
 
21           prohibitions and exceptions as are applicable to the
 
22           line it extends[.]; and
 

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

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

 
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 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:
 

 
 
 
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 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 facility that is recorded through the use
 
 9                of a hand-held or mounted video camera,
 
10                conventional camera, or digital camera that
 
11                produces 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
 
18           [forty-eight hour] forty-eight-hour period falls on a
 
19           Saturday, Sunday, or holiday, then the ending period
 
20           shall run until the end of the next day which is not a
 
21           Saturday, Sunday, or holiday; provided that the
 
22           administrative judge of the district courts may allow a
 
23           carbon copy of the citation to be given to the violator
 

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

 
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 1      In other instances, the existing design of the H-1 freeway
 
 2 is inadequate to handle the large volume of traffic during rush
 
 3 hour.  These situations can be corrected in some instances by the
 
 4 use of signs, traffic cones, and other traffic control devices to
 
 5 route vehicles in a manner that tends to reduce traffic
 
 6 congestion.  For example, the department of transportation has
 
 7 used traffic control devices to prohibit vehicles from crossing
 
 8 over certain lanes on the H-1 freeway at the Lunalilo Street on-
 
 9 ramp as an experiment to determine how traffic would flow on the
 
10 H-1 if cars are prohibited from merging into the H-1 traffic at
 
11 that on-ramp.  While the department found that the traffic
 
12 control devices significantly improved the flow of traffic, which
 
13 could speed up the morning and afternoon commute into downtown
 
14 Honolulu, it also found two potential problems with this
 
15 approach.
 
16      First, existing law needs to be changed to allow for the
 
17 police or traffic control devices to direct motorists not to
 
18 cross the dotted lines on certain lanes during specified hours.
 
19 Second, in trial runs, many drivers simply ignored cones or
 
20 posted signs and crossed over into the prohibited lanes anyway.
 
21 In order to effectively change motorists' driving behavior, a
 
22 change in the law is necessary to allow for traffic enforcement
 

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

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

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

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

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

 
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 1      7.  By amending section 11 to read:
 
 2      "SECTION 11.  Registered owner's responsibility for a
 
 3 summons or citation.  In any proceeding for a violation of this
 
 4 Act, the information contained in the summons or citation mailed
 
 5 in accordance with section 291C-165(b), Hawaii Revised Statutes,
 
 6 or section 10 of this Act shall be deemed evidence that the
 
 7 registered vehicle violated section 291C-32(a)(3), 291C-38(c), or
 
 8 291C-102, Hawaii Revised Statutes."
 
 9      8.  By amending section 12 to read:
 
10      "SECTION 12.  Prima facie evidence.(a)  Whenever [the] a
 
11 citation for violation of chapter 291C, Hawaii Revised Statutes,
 
12 is issued pursuant to section 291C-165, Hawaii Revised Statutes,
 
13 or whenever a photo red light imaging system, photo technology
 
14 system, or [the] photo speed imaging detector system determines a
 
15 motor vehicle to be in violation of section 291C-102, 291C-38(c),
 
16 or 291C-32(a)(3), Hawaii Revised Statutes, as applicable,
 
17 evidence that the motor vehicle described in the citations or
 
18 summons issued pursuant to this Act was operated in violation of
 
19 those sections of the Hawaii Revised Statutes, together with
 
20 proof that the person to whom the summons or citation was sent
 
21 was the registered owner of the motor vehicle at the time of the
 
22 violation, shall constitute prima facie evidence that the
 
23 registered owner of the motor vehicle was the person who
 
24 committed the violation.
 

 
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 1      (b)  The registered owner of the vehicle may rebut the prima
 
 2 facie evidence in subsection (a) by:
 
 3      (1)  Submitting a written statement as provided in section
 
 4           291D-6(b)(2), Hawaii Revised Statutes; provided that,
 
 5           if the registered owner alleges that another person was
 
 6           operating the vehicle at the time of the alleged
 
 7           violation, then the registered owner shall submit to
 
 8           the contractor or the appropriate county police
 
 9           department a declaration under penalty of perjury
 
10           signed by both the person and the vehicle operator.
 
11           The declaration shall state the name, current address,
 
12           and driver license number of the vehicle operator at
 
13           the time of the alleged violation along with the date,
 
14           time, place, and nature of the alleged violation.
 
15           Within forty-eight hours of receiving the declaration,
 
16           the contractor or the appropriate county police
 
17           department shall cause a summons or citation to be
 
18           mailed to the operator as provided in section 291C-165,
 
19           Hawaii Revised Statutes, or section 10 of this Act;
 
20      (2)  Testifying in open court under oath that the person was
 
21           not the operator of the vehicle at the time of the
 
22           alleged violation[; or], in which case the person shall
 
23           submit to the court a declaration under penalty of
 

 
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 1           perjury signed by both the person and the vehicle
 
 2           operator.  The declaration shall state the name,
 
 3           current address, and driver license number of the
 
 4           vehicle operator at the time of the alleged violation
 
 5           along with the date, time, place and nature of the
 
 6           alleged violation.  Within forty-eight hours of
 
 7           receiving the declaration, the contractor or the
 
 8           appropriate county police department shall cause a
 
 9           summons or citation to be mailed to the operator as
 
10           provided in section 291C-165, Hawaii Revised Statutes,
 
11           or section 10 of this Act;
 
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 an affidavit, prior to the return date
 
18           established on the citations or summons issued pursuant
 
19           to this Act, that the vehicle in question was a rental
 
20           or U-drive vehicle subject to chapter 437D, Hawaii
 
21           Revised Statutes."
 
22      9.  By amending section 15 to read:
 

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

 
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 1 implement the photo speed imaging detector [and], photo red light
 
 2 imaging, or photo technology systems:
 
 3      (1)  Equipment installation;
 
 4      (2)  Data processing, including custom software development
 
 5           and integration;
 
 6      (3)  Staffing and training of law enforcement personnel and
 
 7           other persons as necessary to provide for effective
 
 8           traffic enforcement;
 
 9      (4)  Film delivery, retrieval, and processing;
 
10      (5)  Image evaluation;
 
11      (6)  License plate identification and verification;
 
12      (7)  Review of individual motor vehicle registration
 
13           records, pursuant to sections 286-45 and 286-172,
 
14           Hawaii Revised Statutes, to obtain access only to the
 
15           registered motor vehicle owner's name and address; this
 
16           data shall only be used as is necessary to carry out
 
17           the provisions of the contract and the purposes of this
 
18           Act and may not otherwise be publicly disclosed;
 
19      (8)  Citation generation, processing, and tracking;
 
20      (9)  Data transfer to agency and court;
 
21     (10)  Violation and statistical data collection, analysis,
 
22           and reporting;
 

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

 
 
 
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                                     S.B. NO.           S.D. 1
                                                        H.D. 2
                                                        


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

 
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                                                        H.D. 2
                                                        


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