REPORT TITLE:
Red light/Speed Imaging


DESCRIPTION:
Extends length of the three-year photo red light imaging and
photo speed imaging detector demonstration project for two more
years.  Allows the use of photo technology systems to identify
drivers in violation of designated uses of high occupancy vehicle
lanes.  Authorizes the department of transportation to retain and
pay contractors for the project.  Establishes the traffic
enforcement demonstration project.  Appropriates funds.  Makes
other housekeeping changes.  (HB1759 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                     
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HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO TRAFFIC ENFORCEMENT.



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

 1      SECTION 1.  Staff turnover and unanticipated problems caused
 
 2 by the wording of enabling legislation have delayed
 
 3 implementation of the three-year traffic enforcement
 
 4 demonstration project authorized by Act 234, Session Laws of
 
 5 Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999.
 
 6 Act 234, which established the demonstration project, took effect
 
 7 on July 1, 1998, and is scheduled to end on July 1, 2001.  
 
 8      The purpose of this Act is to:
 
 9      (1)  Extend the demonstration project until July 1, 2003,
 
10      (2)  Authorize the department of transportation to retain
 
11           and pay contractors for the project, and 
 
12      (3)  Make other required changes to the enabling
 
13           legislation.
 
14      SECTION 2.  Section 286-45, Hawaii Revised Statutes, is
 
15 amended by amending subsection (b) to read as follows:
 
16      "(b)  Any private contractor that has entered into a
 
17 contract with [a county] the department to implement the traffic
 
18 enforcement demonstration project pursuant to section 5 et seq.
 
19 of Act 234, Session Laws of Hawaii 1998, may obtain from [the]
 

 
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 1 any county finance director the names and addresses of registered
 
 2 motor vehicle owners, which shall be used only as is necessary to
 
 3 carry out the provisions of the contract and the purposes of that
 
 4 Act and may not otherwise be publicly disclosed."
 
 5      SECTION 3.  Section 286-172, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  Subject to authorization granted by the chief justice
 
 8 with respect to the traffic records of the violations bureaus of
 
 9 the district courts and of the circuit courts, the director of
 
10 transportation shall furnish information contained in the
 
11 statewide traffic records system in response to:
 
12      (1)  Any request from a state, a political subdivision of a
 
13           state, or a federal department or agency, or any other
 
14           authorized person pursuant to rules adopted by the
 
15           director of transportation under chapter 91;
 
16      (2)  Any request from a person having a legitimate reason,
 
17           as determined by the director, as provided under the
 
18           rules adopted by the director under paragraph (1), to
 
19           obtain the information for verification of vehicle
 
20           ownership, traffic safety programs, or for research or
 
21           statistical reports;
 

 
 
 
 
 
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 1      (3)  Any request from a person required or authorized by law
 
 2           to give written notice by mail to owners of vehicles;
 
 3           or
 
 4      (4)  Any request from a private contractor that has entered
 
 5           into a contract with [a county as may be necessary] the
 
 6           department to implement the traffic enforcement
 
 7           demonstration project pursuant to section 5 et seq. of
 
 8           Act 234, Session Laws of Hawaii 1998[.  The private
 
 9           contractor may obtain from the director of
 
10           transportation the]; provided that names and addresses
 
11           of registered motor vehicle owners[, which] shall be
 
12           used only as is necessary to carry out the provisions
 
13           of the contract and the purposes of that Act and may
 
14           not otherwise be publicly disclosed."
 
15      SECTION 4.  Section 291C-165, Hawaii Revised Statutes, is
 
16 amended by amending subsection (b) to read as follows:
 
17      "(b)  In every case when a citation is issued, the original
 
18 of the citation shall be given to the violator; provided that:
 
19      (1)  In the case of an unattended vehicle, the original of
 
20           the citation shall be affixed to the vehicle as
 
21           provided for in section 291C-167; or
 

 
 
 
 
 
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 1      (2)  In the case of:
 
 2           (A)  A vehicle utilizing the high occupancy vehicle
 
 3                lane illegally; or
 
 4           (B)  A traffic or other violation on a controlled
 
 5                access facility that is recorded through the use
 
 6                of a hand-held or mounted video camera,
 
 7                conventional camera, or digital camera that
 
 8                produces photographic identification of a vehicle,
 
 9           the original of the citation [shall] may be sent [by
 
10           certified or registered mail, with a return receipt
 
11           that is postmarked within forty-eight hours of the time
 
12           of the incident,] within three days of the date of the
 
13           incident by certified mail, registered mail, or first
 
14           class mail with a certificate of mailing obtained as
 
15           evidence of service to the registered owner of the
 
16           vehicle at the address on record at the vehicle
 
17           licensing division [as provided in section 291C-223.
 
18           If the end of the 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 days when
 
22           the post office is not open to the public shall not be
 
23           included in the calculation of the three days; provided
 

 
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 1           further that the administrative judge of the district
 
 2           courts may allow a [carbon] copy of the citation to be
 
 3           given to the violator or affixed to the vehicle and
 
 4           provide for the disposition of the original and any
 
 5           other copies of the citation."
 
 6      SECTION 5.  Section 291C-223, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]291C-223[]]  Summons or citation for illegal use of
 
 9 high occupancy vehicle lane.  Whenever any motor vehicle is
 
10 observed operating in a high occupancy vehicle lane without the
 
11 prescribed number of passengers, the officer observing the
 
12 vehicle shall[:
 
13      (1)  Cause] cause a summons or citation [as described in
 
14           section 291C-165] to be issued at the scene of the
 
15           violation to the operator of the vehicle[;] or
 
16     [(2)  Make every reasonable effort to be seen by the operator
 
17           of the vehicle and record evidence of the violation by
 
18           taking any information displayed on the vehicle that
 
19           may identify its] be sent by mail to the registered
 
20           owner [and cause a summons or citation] of the vehicle
 
21           as described in section 291C-165 [to be sent by
 
22           certified or registered mail, with a return receipt
 
23           that is postmarked within forty-eight hours of the time
 
24           of the incident, to the registered owner of the vehicle
 

 
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 1           at the address on record at the vehicle licensing
 
 2           division.  If the end of the forty-eight hour period
 
 3           falls on a Saturday, Sunday, or holiday, then the
 
 4           ending period shall run until the end of the next day
 
 5           which is not a Saturday, Sunday, or holiday. Upon
 
 6           receipt, the registered owner shall be given fourteen
 
 7           days to respond to the summons or citation by:
 
 8           (A)  Paying a fine by mail; or
 
 9           (B)  Requesting a hearing be set on the matter.
 
10           A mail receipt signed by the registered owner is prima
 
11           facie evidence of notification]."
 
12      SECTION 6.  Act 234, Session Laws of Hawaii 1998, is amended
 
13 by adding a new section to read as follows:
 
14      "SECTION 17A.  Police matters.  County police are authorized
 
15 and encouraged to provide oversight and all police services
 
16 required for the traffic enforcement demonstration project;
 
17 provided that to the extent necessary to implement this Act, the
 
18 powers of police officers for the enforcement of sections
 
19 291C-102, 291C-32(a)(3), and 291C-38(c), Hawaii Revised Statutes,
 
20 are conferred upon the director of transportation and such of the
 
21 officers, employees, agents and representatives of the department
 
22 as may be designated by the director to exercise such powers.
 
23 For the purposes of this section, the term "agents and
 

 
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 1 representatives" includes persons performing services under
 
 2 contracts with the department pursuant to this Act."
 
 3      SECTION 7.  Act 234, Session Laws of Hawaii 1998, is amended
 
 4 by adding a new section to read as follows:
 
 5      "SECTION 17B.  Photo enforcement revolving fund.  (a)  There
 
 6 is established a photo enforcement revolving fund to be
 
 7 administered by the department of transportation.
 
 8 Notwithstanding any other law to the contrary, the department may
 
 9 expend funds from this revolving fund; provided that no
 
10 expenditure shall be made from and no obligation shall be
 
11 incurred against the revolving fund in excess of the amount
 
12 standing to the credit of the fund.
 
13      (b)  All payments to the State resulting from citations and
 
14 summons authorized under section 10 shall be deposited into the
 
15 photo enforcement revolving fund; provided that any interest
 
16 earned shall be deposited into the general fund.
 
17      (c)  The department shall use the photo enforcement
 
18 revolving fund to pay contractors and purchase county police
 
19 oversight and services necessary for implementation of the
 
20 traffic enforcement demonstration project.
 
21      (d)  Notwithstanding any other law to the contrary, the
 
22 department may also use up to twenty per cent of the photo
 
23 enforcement revolving fund to pay for any non-recurring state and
 

 
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 1 county expenses and any temporary state positions needed to
 
 2 implement the traffic enforcement demonstration project and
 
 3 administer the revolving fund.
 
 4      (e)  The department shall deposit that portion of the
 
 5 revolving fund not needed for purposes of this section into the
 
 6 general fund."
 
 7      SECTION 8.  Act 234, Session Laws of Hawaii 1998, is amended
 
 8 by amending section 1 to read as follows:
 
 9      "SECTION 1.  The legislature finds that traffic violations
 
10 in Hawaii, especially on the island of Oahu, have become
 
11 intolerable, particularly the offenses of speeding and running
 
12 red lights.  Both of these violations endanger the lives of
 
13 residents and compound the already hazardous conditions for both
 
14 pedestrians and motorists on Hawaii's roads and highways.  News
 
15 items are increasingly common that describe hit-and-run drivers
 
16 who have run over small children or the elderly, both inside and
 
17 outside crosswalks, who may not be able to react quickly enough
 
18 to a racing drunk driver or someone speeding through an
 
19 intersection after the light has already turned red.
 
20      The legislature further finds that two recent technological
 
21 innovations that address the hazards caused by speeding and
 
22 disregarding red lights have already been in place and
 
23 demonstrated their reliability and effectiveness in other
 

 
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 1 jurisdictions--namely, photo speed imaging detector and photo red
 
 2 light imaging systems.  The legislature finds that these
 
 3 innovations--both of which are completely automated--are
 
 4 appropriate for Hawaii's increasingly deteriorating traffic
 
 5 conditions, and are capable of safely and efficiently diffusing
 
 6 dangerous traffic control problems while at the same time freeing
 
 7 up police officers to handle more pressing problems.
 
 8      The photo speed imaging detector system is a unit that
 
 9 mounts in a [sport utility] vehicle or [van] on a pole or bridge
 
10 that detects, photographs, and records information on speeders.
 
11 [A vehicle with the speed detector unit is parked at the roadside
 
12 and monitors the speeds of passing motorists, and is linked to a
 
13 controlled console with a central processor and speed display.]
 
14 When a vehicle exceeding a preset threshold speed enters the beam
 
15 of the unit's speed detector, a high resolution camera
 
16 photographs the [front of the] vehicle, capturing the [front]
 
17 license plate[, while a second camera photographs the rear of the
 
18 vehicle.  The scene is lit by a powerful strobe flash for] and
 
19 providing evidentiary quality images.  Tickets are [processed
 
20 automatically, so there is no need for an officer to make a stop
 
21 and issue a ticket.  In addition, since the violator's face and
 
22 license plate are on record, compliance rates are considerably
 
23 higher than with officer-generated tickets.
 

 
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 1      The legislature finds that a photo speed imaging detector
 
 2 system is safe, quick, cost-effective, and efficient.] generated
 
 3 and mailed to the registered vehicle owner without need for a
 
 4 police officer to stop a speeding vehicle and issue a ticket to
 
 5 the driver.  With no stop involved, [the] no police officer is
 
 6 [not] at risk from passing traffic or armed violators.  Moreover,
 
 7 while a motivated [traffic] police officer may average fifteen or
 
 8 twenty speeding tickets per shift, the photo speed imaging
 
 9 detector system can [write] generate two speeding tickets per
 
10 second.
 
11      The photo speed imaging detector system [is essentially] can
 
12 be a turnkey operation; all of the equipment, [including a fully-
 
13 outfitted police vehicle, speed detector systems, printer, film
 
14 or image processing,] and all supplies, as well as [officer]
 
15 training, [are] can be provided by a private company.  The
 
16 private company [identifies] can use pictures of license plates
 
17 to identify vehicle owners, print[s] and mail[s] tickets,
 
18 monitor[s] compliance, and make[s] regular status reports[.  The
 
19 company also charges] in exchange for a small fee per paid
 
20 ticket[, while the violator pays for everything else].
 
21      In addition, only one police officer using the photo speed
 
22 imaging detector system can be as productive, if only in terms of
 
23 numbers of traffic tickets issued, as an entire traffic division.
 

 
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 1 Officers can be assigned higher priority duties, while the system
 
 2 handles speed enforcement.  Finally, these systems have proven
 
 3 their reliability for over twenty years in police departments in
 
 4 countries around the world.
 
 5      The second major innovation is the photo red light imaging
 
 6 system.  In this system, a camera is positioned at
 
 7 [intersections] an intersection where red light violations are [a
 
 8 major cause of collisions.] common.  Rather than placing an
 
 9 officer at the intersection full-time, the red light camera
 
10 serves as a twenty-four hour deterrent to running a red light.
 
11 [Sensors are buried under a crosswalk leading] Buried vehicle
 
12 sensors are connected to traffic signals and to a self-contained
 
13 camera system that is mounted on a nearby pole.  When a vehicle
 
14 enters the intersection against a red light, the camera takes a
 
15 telephoto color picture of the [rear of the] car as it rolls over
 
16 the stop bar, capturing the [rear] license plate as evidence.  A
 
17 second wide-angle photograph takes in the entire intersection,
 
18 including other traffic.
 
19      A sign may be posted at the intersection indicating that it
 
20 is a photo-monitored intersection; however, the camera can be
 
21 moved to different poles or intersections that are equipped to
 
22 hold the camera, so that motorists do not know when they are
 
23 being photographed.  As with the photo speed imaging detector
 

 
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 1 system, the private company that supplies the photo red light
 
 2 [camera] imaging system also processes [the film,] pictures,
 
 3 accesses motor vehicle records, checks the pictures of license
 
 4 [plate] plates against registration records, and mails out
 
 5 citations.
 
 6      The legislature finds that the photo red light imaging
 
 7 system, like the photo speed imaging detector system, [also] has
 
 8 numerous benefits.  As with the photo speed imaging detector
 
 9 system, not only are streets safer after the implementation of
 
10 the system, but police officers are freed from time-consuming
 
11 traffic stops and have more time to make priority calls.  A
 
12 violator is less likely to [go to court,] contest tickets since
 
13 the color photograph of the violation in progress, with
 
14 appropriate information imprinted, can be used as evidence in
 
15 court. [Imprinted on the photograph are the time, date, and
 
16 location of the violation; the number of seconds the light had
 
17 been red before the violator entered the intersection; and the
 
18 violator's speed.]  Few cases are contested in other
 
19 jurisdictions using this system, and police officers make fewer
 
20 court appearances, resulting in cost savings.
 
21      The legislature realizes that Hawaii's prior conversion to
 
22 administrative adjudication of traffic offenses has eliminated
 
23 the need for police officers to testify in most cases.  However,
 

 
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 1 to the extent that fewer citations are actually contested, cost
 
 2 savings will be realized and contested cases will receive a
 
 3 faster hearing.  More importantly, [compliance with traffic laws
 
 4 has generally increased in those jurisdictions;] installation of
 
 5 this type of system has had an immediate effect on the behavior
 
 6 of drivers and has nearly eliminated violations in other
 
 7 jurisdictions.
 
 8      The legislature finds that the implementation of both photo
 
 9 speed imaging detector and photo red light imaging systems will
 
10 result in an increase in driver awareness, leading to a reduction
 
11 in [traffic speeds] speeding and red light violations, and [may
 
12 also result in lower insurance costs for safe drivers with] an
 
13 overall reduction in crashes and injuries.  A reduction in
 
14 crashes and injuries in turn will result in lower costs for auto
 
15 insurance, workers' compensation, and public assistance.
 
16 Moreover, [these programs place the cost of the programs on the
 
17 violators, not the taxpayers.  Traffic] with use of photo speed
 
18 imaging detector and photo red light imaging systems, traffic
 
19 laws [are] will be enforced without discrimination, and safety
 
20 and efficiency [are] will be increased by reducing the number of
 
21 high-speed chases and the number of personnel required for
 
22 traffic accident clean-up, investigation, and court testimony.
 

 
 
 
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 1      In addition, the legislature finds that there is a need to
 
 2 exempt contracts entered into with the private [company]
 
 3 companies that [is to] supply the photo speed imaging detector
 
 4 and photo red light imaging systems from the civil service,
 
 5 compensation, and collective bargaining laws.  In Konno v. County
 
 6 of Hawaii, 85 Haw. 61, 937 P.2d 397 (1997), the Hawaii Supreme
 
 7 Court adopted the "nature of the services" test, holding that the
 
 8 protection of the civil service laws extends to those services
 
 9 that have been "customarily and historically" provided by civil
 
10 servants.  Because police officers may be held to be customarily
 
11 and historically responsible for issuing tickets to speeding
 
12 motorists and other functions that may now be contracted out to a
 
13 private entity, there is a need to specifically exempt any such
 
14 contracts from the civil service and compensation laws so that
 
15 those contracts are not voided by Konno.  Although the Konno
 
16 opinion did not reach the decision whether privatization is
 
17 subject to mandatory collective bargaining, this Act also exempts
 
18 contracts entered into with a private entity from collective
 
19 bargaining laws as well, to ensure that these contracts are not
 
20 subsequently voided for failure to comply with those laws as a
 
21 result of a subsequent court interpretation.
 
22      Finally, the legislature finds that [speeding--whether on a
 
23 highway or through a red light--frequently causes injury and
 

 
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 1 death.  When] when speeding occurs, [the] accidents [involved]
 
 2 are almost always more serious.  Photo speed imaging detector and
 
 3 photo red light imaging systems have been proven in many
 
 4 locations throughout the United States, Canada, Europe, and
 
 5 numerous other countries around the world as deterrents to red
 
 6 light traffic violations and speeding and, consequently, injuries
 
 7 and death.  The legislature finds that there is an immediate need
 
 8 to remedy the steadily worsening traffic conditions in Hawaii,
 
 9 and that the implementation of photo speed imaging detector and
 
10 photo red light imaging systems will help to protect the health,
 
11 safety, and welfare of the people of this State, while at the
 
12 same time offering substantial cost savings and increased
 
13 revenues.
 
14      The purpose of this Act is to:
 
15      (1)  Establish a [three-year] demonstration project in
 
16           selected areas on state or county highways [in each of
 
17           the counties] to provide for the implementation of
 
18           photo speed imaging detector and photo red light
 
19           imaging systems to improve traffic enforcement; and
 
20      (2)  Allow the [county] department of transportation to
 
21           contract with [an] appropriate [provider] providers of
 
22           these systems pursuant to the public procurement laws
 
23           while:
 

 
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 1           (A)  Exempting such contracts from civil service,
 
 2                compensation, and collective bargaining laws;
 
 3           (B)  Permitting the contractor to have access to
 
 4                information as set forth in this Act; and
 
 5           (C)  Allowing the contractor to issue citations or
 
 6                summonses by mail."
 
 7      SECTION 9.  Act 234, Session Laws of Hawaii 1998, section 5,
 
 8 is amended by amending the definitions of "photo speed imaging
 
 9 detector" and "photo red light imaging" to read as follows:
 
10      ""Photo speed imaging detector" means a device used for
 
11 traffic enforcement consisting substantially of a speed
 
12 [reduction] measurement unit and a video, conventional, or
 
13 digital camera [mounted in or on a vehicle] that automatically
 
14 produces photographic identification of a vehicle traveling in
 
15 excess of the legal speed limit in violation of section 291C-
 
16 102, Hawaii Revised Statutes.
 
17      "Photo red light imaging" means a device used for traffic
 
18 enforcement consisting substantially of a vehicle sensor
 
19 installed to work in conjunction with a traffic-control signal
 
20 and a video, conventional, or digital camera that automatically
 
21 produces photographic identification of a vehicle which
 
22 disregards a steady red signal in violation of section 291C-
 
23 32(a)(3), Hawaii Revised Statutes."
 

 
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 1      SECTION 10.  Act 234, Session Laws of Hawaii 1998, section
 
 2 6, as amended by Act 263, Session Laws of Hawaii 1999, section 7,
 
 3 is amended by amending subsection (a) to read as follows:
 
 4      "(a)  Subject to this Act, [each county] the department may
 
 5 establish a [three-year] demonstration project in selected areas
 
 6 of [that county] the State to provide for the implementation of
 
 7 photo red light imaging, photo speed imaging detector, or photo
 
 8 technology systems to improve traffic enforcement as provided in
 
 9 this Act.  The demonstration project shall be limited to state or
 
10 county highways and shall document the effectiveness of these
 
11 systems.  The contractor shall provide a public information
 
12 campaign to inform local drivers about the use of these systems
 
13 before any citation or summons is actually issued."
 
14      SECTION 11.  Act 234, Session Laws of Hawaii 1998, section
 
15 7, is amended by amending subsection (a) to read as follows:
 
16      "(a)  Subject to this Act, [each county] the department may
 
17 establish a photo speed imaging detector system imposing monetary
 
18 liability on the registered owner of a motor vehicle for failure
 
19 to comply with speeding laws in accordance with this Act.  [Each
 
20 county] The department, in consultation with county police, may
 
21 provide for the installation and operation of photo speed imaging
 
22 detector systems on no more than twenty-five state or county
 
23 highways at any one time in any county."
 

 
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 1      SECTION 12.  Act 234, Session Laws of Hawaii 1998,
 
 2 section 7, is amended by amending subsection (c) to read as
 
 3 follows:
 
 4      "(c)  A contractor may issue a citation or summons pursuant
 
 5 to section 10 on the basis of a photo speed imaging detector if
 
 6 the following conditions are met:
 
 7      (1)  The photo speed imaging detector equipment is operated
 
 8           by a [uniformed] police officer [out of a marked police
 
 9           vehicle;] or a contractor who is authorized to operate
 
10           the equipment pursuant to this Act; and
 
11     [(2)  An indication of the speed of the motor vehicle is
 
12           displayed within one hundred fifty feet of the location
 
13           of the photo speed imaging detector unit;
 
14      (3)] (2)  Signs indicating that speeds are enforced by a
 
15           photo speed imaging detector are posted [on all major
 
16           routes entering the area in question], as far as
 
17           practicable, providing notice to a motorist that a
 
18           photo speed imaging detector may be used[; and
 
19      (4)  The photo speed imaging detector system is used for no
 
20           more than four hours per day in any one location from
 
21           thirty minutes after sunrise to thirty minutes before
 
22           sunset].
 

 
 
 
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 1 The conditions specified in this subsection shall not apply when
 
 2 the information gathered is used for highway safety research or
 
 3 to issue warning citations not involving a fine, court
 
 4 appearance, or a person's driving record."
 
 5      SECTION 13.  Act 234, Session Laws of Hawaii 1998,
 
 6 section 8, is amended by amending subsection (a) to read as
 
 7 follows:
 
 8      "(a)  Subject to this Act, [each county] the department may
 
 9 establish a photo red light imaging system imposing monetary
 
10 liability on the operator of a motor vehicle for failure to
 
11 comply with traffic-control signal laws in accordance with this
 
12 Act.  [Each county] The department, in consultation with county
 
13 police, may provide for the installation and operation of photo
 
14 red light imaging systems at no more than twenty-five
 
15 intersections in any one county at any one time."
 
16      SECTION 14.  Act 234, Session Laws of Hawaii 1998, section
 
17 8A, as added by Act 263, Session Laws of Hawaii 1999, section 7,
 
18 is amended by amending subsection (a) to read as follows:
 
19      "(a)  Subject to this Act, [each county] the department may
 
20 establish photo technology systems imposing monetary liability on
 
21 the registered owner of a motor vehicle for failure to comply
 
22 with section 291C-38(c), Hawaii Revised Statutes, regarding
 
23 longitudinal traffic lane markings, in accordance with this Act.
 

 
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 1 [Each county] The department, in consultation with county police,
 
 2 may provide for the installation and operation of photo
 
 3 technology systems on no more than twenty-five state or county
 
 4 highways at any one time in any county; provided that these
 
 5 systems shall primarily be used on controlled access facilities
 
 6 on Oahu."
 
 7      SECTION 15.  Act 234, Session Laws of Hawaii 1998, section
 
 8 9, as amended by Act 263, Session Laws of Hawaii 1999, section 7,
 
 9 is amended by amending subsection (a) to read as follows:
 
10      "(a)  Each county [shall designate] may recommend locations
 
11 on state or county highways in that county that are appropriate
 
12 for the installation of[:
 
13      (1)  Photo red light imaging or photo technology systems,
 
14           with the assistance of the director; and
 
15      (2)  Photo speed imaging detector systems, without the
 
16           assistance of the director.] photo red light imaging,
 
17           photo speed imaging detector, and photo technology
 
18           systems."
 
19      SECTION 16.  Act 234, Session Laws of Hawaii 1998,
 
20 section 10, as amended by Act 263, Session Laws of Hawaii 1999,
 
21 section 7, is amended by amending subsection (a) to read as
 
22 follows:
 

 
 
 
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 1      "(a)  Notwithstanding any law to the contrary, whenever any
 
 2 motor vehicle is determined by means of:
 
 3      (1)  The photo red light imaging system to have disregarded
 
 4           a steady red signal in violation of section 291C-
 
 5           32(a)(3), Hawaii Revised Statutes;
 
 6      (2)  The photo speed imaging detector system to be in excess
 
 7           of the legal speed limit in violation of section
 
 8           291C-102, Hawaii Revised Statutes; or
 
 9      (3)  The photo technology system to have crossed
 
10           longitudinal traffic lane markings in violation of
 
11           section 291C-38(c), Hawaii Revised Statutes,
 
12 the contractor shall cause a summons or citation as described in
 
13 this section to be sent [by certified or registered mail, with a
 
14 return receipt that is postmarked within forty-eight hours of the
 
15 time of the incident,] within three days of the date of the
 
16 incident by certified mail, registered mail, or first class mail
 
17 with a certificate of mailing obtained as evidence of service to
 
18 the registered owner of the vehicle at the address on record at
 
19 the vehicle licensing division. [If the end of the forty-eight
 
20 hour period falls on a Saturday, Sunday, or holiday, then the
 
21 ending period shall run until the end of the next day which is
 
22 not a Saturday, Sunday, or holiday.]  Days when the post office
 

 
 
 
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 1 is not open to the public shall not be included in calculation of
 
 2 the three days."
 
 3      SECTION 17.  Act 234, Session Laws of Hawaii 1998,
 
 4 section 10, is amended by amending subsections (c) and (d) to
 
 5 read as follows:
 
 6      "(c)  Every citation shall be consecutively numbered and
 
 7 each [carbon] copy shall bear the number of its respective
 
 8 original.
 
 9      (d)  Upon receipt, the registered owner shall respond as
 
10 provided for in chapter 291D, Hawaii Revised Statutes.  [A mail
 
11 receipt signed by the registered owner] Service of a citation by
 
12 certified mail, registered mail, or first class mail with a
 
13 certificate of mailing obtained as evidence of service to the
 
14 registered owner, at the registered owner's address on record at
 
15 the vehicle licensing division, is prima facie evidence of
 
16 notification.  The registered owner shall be determined by the
 
17 identification of the vehicle's registration plates."
 
18      SECTION 18.  Act 234, Session Laws of Hawaii 1998,
 
19 section 16, as amended by Act 263, Session Laws of Hawaii 1999,
 
20 section 7, is amended by amending subsection (b) to read as
 
21 follows:
 
22      "(b)  [The request for proposals shall be from a list of
 
23 applicants prequalified by the department and each county, and
 

 
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 1 shall be applicable to any contract between a county and any
 
 2 contractor entered into under the authority of this Act.
 
 3 Standards for prequalification] Qualification of applicants under
 
 4 this section shall be determined by the department before the
 
 5 commencement of the selection process; provided that any contract
 
 6 entered into under this Act, at a minimum, shall be negotiated
 
 7 with [the private entity found most qualified.  The contractor
 
 8 shall demonstrate that it] a contractor that has the
 
 9 qualifications and experience necessary to carry out and expedite
 
10 the terms of the contract and the ability to comply with
 
11 applicable laws and court orders.  [Each contract entered into by
 
12 a county may include any other requirements that the director
 
13 considers necessary and appropriate for carrying out the purposes
 
14 of this Act.]"
 
15      SECTION 19.  Act 234, Session Laws of Hawaii 1998,
 
16 section 17, as amended by Act 263, Session Laws of Hawaii 1999,
 
17 section 7, is amended to read as follows:
 
18      "SECTION 17.  Authority to contract; duration of contract;
 
19 approval as to form; contract term, renewal, and termination;
 
20 exemptions.(a)  [Each county, with prior approval from the] The
 
21 department, in consultation with county police, may contract with
 
22 one or more contractors to purchase, lease, rent, use, install,
 
23 maintain, and operate photo red light imaging, photo speed
 

 
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 1 imaging detector, or photo technology systems as provided in this
 
 2 Act.
 
 3      (b)  Notwithstanding any other law to the contrary, the
 
 4 contractor shall provide the following services and activities to
 
 5 implement the photo speed imaging detector, photo red light
 
 6 imaging, or photo technology systems:
 
 7      (1)  Equipment installation;
 
 8      (2)  Data processing, including custom software development
 
 9           and integration;
 
10      (3)  Staffing and training of law enforcement personnel and
 
11           other persons as necessary to provide for effective
 
12           traffic enforcement;
 
13      (4)  [Film delivery, retrieval, and processing;] Required
 
14           support services for use of video cameras, conventional
 
15           cameras, or digital cameras;
 
16      (5)  Image evaluation;
 
17      (6)  License plate identification and verification;
 
18      (7)  Review of individual motor vehicle registration
 
19           records, pursuant to sections 286-45 and 286-172,
 
20           Hawaii Revised Statutes, to obtain access only to the
 
21           registered motor vehicle owner's name and address;
 
22           provided this data shall only be used as is necessary
 
23           to carry out the provisions of the contract and the
 

 
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 1           purposes of this Act and may not otherwise be publicly
 
 2           disclosed;
 
 3      (8)  Citation generation, processing, and tracking;
 
 4      (9)  Data transfer to agency and court;
 
 5     (10)  Violation and statistical data collection, analysis,
 
 6           and reporting;
 
 7     (11)  Twenty-four-hour support services, consulting,
 
 8           technical assistance, and Internet access;
 
 9     (12)  Community awareness and public relations services; and
 
10     (13)  Any other services, activities, or equipment deemed
 
11           necessary or desirable by the department [and each
 
12           county.] or a state court to implement this Act.
 
13      (c)  [The] Each contract shall specify such matters as are
 
14 deemed relevant by the State[, each county,] and the contractor,
 
15 and shall be approved as to form and content by the attorney
 
16 general; provided that the contract:
 
17      (1)  Shall not specify any condition for the issuance of a
 
18           citation or summons other than as provided by this Act
 
19           or other applicable state law;
 
20      (2)  Shall prohibit the contractor, or the contractor's
 
21           agents or employees, from engaging in any activities
 
22           prescribed for police officers pursuant to chapter 52D
 
23           or section 291C-164, Hawaii Revised Statutes, or any
 

 
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 1           other provision of law relating to law enforcement or
 
 2           the use of force, except as otherwise provided in this
 
 3           Act;
 
 4      (3)  Shall specify that personal and confidential
 
 5           information used for the [projects] project shall
 
 6           become the property of [each county] the State at the
 
 7           end of the contract, that all data shall be returned to
 
 8           [that county,] the State, and that the contractor may
 
 9           use information obtained from the State or [that] a
 
10           county only as is necessary to carry out the provisions
 
11           of the contract and the purposes of this Act;
 
12      (4)  Shall make the data accessible to the contractor, as
 
13           set forth in subsection (b)(7);
 
14      (5)  Shall provide appropriate security for the data system
 
15           and equipment; and
 
16      (6)  Shall specify that motor vehicle registration records
 
17           obtained pursuant to the contract, and as set forth in
 
18           sections 286-45 and 286-172, Hawaii Revised Statutes,
 
19           are personal and confidential information and may be
 
20           used only for services related to issuance of traffic
 
21           citations and court purposes.
 
22      (d)  No contract shall extend or be renewed beyond May 1,
 
23 2003, unless [a county, with the concurrence of] the director[,]
 

 
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 1 determines that the contract offers demonstrable benefits to
 
 2 [that county as documented by the county.] the State.
 
 3      (e)  [A county,] The director, upon demonstration that a
 
 4 breach of contract has occurred and that after the passage of a
 
 5 reasonable period of time the breach has not been cured, and
 
 6 without penalty to [that] the department or any county, may
 
 7 cancel a contract at any time after giving three-months' prior
 
 8 written notice.
 
 9      (f)  [The department of budget and finance shall create an
 
10 account and set aside a portion of the revenues received from the
 
11 fines obtained from citations initiated as a result of the
 
12 traffic enforcement demonstration project to offset the
 
13 contractor's costs of operating the photo speed imaging detector,
 
14 photo red light imaging, and photo technology systems.
 
15      (g)]  Notwithstanding any other law to the contrary, any
 
16 contracts entered into by [a county] the department with a
 
17 contractor pursuant to this section shall not be subject to
 
18 chapters 76, 77, and 89, or section 46-33, Hawaii Revised
 
19 Statutes."
 
20      SECTION 20.  Act 234, Session Laws of Hawaii 1998,
 
21 section 23, as amended by Act 263, Session Laws of Hawaii 1999,
 
22 section 7, is amended to read as follows:
 

 
 
 
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 1      "SECTION 23.  Report.  [Each county] The department, in
 
 2 consultation with county police, shall submit progress, interim,
 
 3 and final reports to the legislature as follows:
 
 4      (1)  The [interim] progress report shall document the
 
 5           progress made in implementing the demonstration project
 
 6           and any contract entered into with a private
 
 7           contractor.  The [interim] progress report shall be
 
 8           submitted to the legislature no later than twenty days
 
 9           before the convening of the regular [sessions of 1999
 
10           and] session of 2000; [and]
 
11      (2)  The interim report shall present preliminary findings
 
12           about the effectiveness of the demonstration project
 
13           and may include any proposed legislation necessary to
 
14           facilitate mailed traffic citations.  The interim
 
15           report shall be submitted to the legislature no later
 
16           than twenty days before the convening of the regular
 
17           session of 2001; and
 
18     [(2)] (3)  The final report shall evaluate the effectiveness
 
19           of the demonstration project, and shall include the
 
20           following:
 
21           (A)  The total fine revenue generated by using the
 
22                photo speed imaging detector, photo red light
 
23                imaging, or photo technology systems;
 

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

 
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 1           The final report shall include any proposed
 
 2           implementing legislation as may be necessary, and shall
 
 3           be submitted to the legislature no later than twenty
 
 4           days before the convening of the regular session of
 
 5           [2001.] 2002."
 
 6      SECTION 21.  Act 234, Session Laws of Hawaii 1998, is
 
 7 amended by amending section 29 to read as follows:
 
 8      "SECTION 29.  This Act shall take effect on July 1, 1998;
 
 9 provided that on July 1, [2001,] 2003, this Act shall be repealed
 
10 and sections 286-45, 286-172(a), and 291C-163(a), Hawaii Revised
 
11 Statutes, are reenacted in the form in which they read on
 
12 June 30, 1998."
 
13      SECTION 22.  There is appropriated out of the moneys
 
14 deposited into the photo enforcement revolving fund the sum of
 
15 $5,000,000 or so much thereof as may be necessary for fiscal year
 
16 2000-2001.  The sum appropriated by this Act shall be expended by
 
17 the department of transportation for the purposes of this Act.
 
18      SECTION 23.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 24.  This Act shall take effect on July 1, 2000.