Report Title:

Motor Vehicles, Counties

Description:

Requires the director of finance of the State to distribute all fine proceeds from adjudicated and unadjudicated traffic infractions involving speeding in residential areas and any bail forfeitures involving speeding in residential areas to the county in which the traffic infraction occurred.

HOUSE OF REPRESENTATIVES

H.B. NO.

61

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to motor vehicles.

 

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

SECTION 1. The legislature finds that excessive speed contributed to one out of every ten motor vehicle crashes, and three out of every ten fatal motor vehicle crashes, in Hawaii during 1999. During this same period, there were five hundred fifty motor vehicle crashes involving pedestrians. Surprisingly, two hundred and thirty-one of these crashes involved pedestrians in crosswalks. In all, nine pedestrians were killed and five hundred and fifty-one pedestrians were injured in motor vehicle crashes during 1999.

To cut down on speed-related motor vehicle crashes, including crashes involving pedestrians in crosswalks, the legislature believes that more enforcement of the statewide traffic code is needed in areas with heavy pedestrian traffic. Of the five hundred fifty motor vehicle crashes involving pedestrians, one hundred twenty-eight crashes involved people darting out, walking, or playing in the road. This suggests that residential areas could benefit from more enforcement of the statewide traffic code, especially those provisions involving speeding. To provide the counties with an incentive to provide more enforcement in residential areas, this Act requires the director of finance of the State to distribute all fine proceeds from adjudicated and unadjudicated traffic infractions involving speeding in residential areas to the county in which the traffic infraction occurred.

SECTION 2. Section 291D-9, Hawaii Revised Statutes, is amended to read as follows: "[[]291D-9[]] Monetary assessments. (a) A person found to have committed a traffic infraction shall be assessed a monetary assessment not to exceed the maximum fine specified in the statute defining the traffic infraction.

(b) Notwithstanding section 291C-161 or any other law to the contrary, the district court of each circuit shall prescribe a schedule of monetary assessments for all traffic infractions, and any additional assessments to be imposed pursuant to subsection (c). The particular assessment to be entered on the notice of traffic infraction pursuant to section 291D-5 shall correspond to the schedule prescribed by the district court. Except after proceedings conducted pursuant to section 291D-8 or a trial conducted pursuant to section 291D-13, monetary assessments assessed pursuant to this chapter shall not vary from the schedule prescribed by the district court having jurisdiction over the traffic infraction.

(c) In addition to any monetary assessment imposed for a traffic infraction, the court may impose additional assessments for:

(1) Failure to pay a monetary assessment by the scheduled date of payment; or

(2) The cost of service of a penal summons issued pursuant to this chapter.

(d) The court may grant to a person claiming inability to pay, an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu thereof. If the assessment is not paid or the community service is not performed on or before the date established and the court has not extended the time, the court shall take action as provided in section 291D-10.

(e) Monetary assessments received from adjudicated and unadjudicated traffic infractions involving speeding in residential areas and bail forfeitures involving speeding in residential districts shall be distributed to the counties in accordance with section 291C-171."

SECTION 3. Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:

"291C-171 Disposition of fines and forfeitures. (a) All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments collected relating to the commission of traffic infractions shall be paid to the director of finance of the State.

(b) In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments. The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency. Any interest penalty imposed as provided in this section may be waived by the court for good cause. All penalties collected for such outstanding citations and judgments shall be paid to the director of finance of the State.

(c) The director of finance of the State shall distribute all fine proceeds from adjudicated and unadjudicated traffic infractions involving speeding in residential areas and any bail forfeitures involving speeding in residential areas to the county in which the traffic infraction occurred."

SECTION 4. Section 706-643, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) All fines and other final payments received by a clerk or other officer of a court shall be accounted for, with the names of persons making payment, and the amount and date thereof, being recorded. All such funds shall be deposited with the director of finance to the credit of the general fund of the State[.]; provided that the director of finance shall distribute all fine proceeds from adjudicated and unadjudicated traffic infractions involving speeding in residential areas and any bail forfeitures involving speeding in residential areas to the county in which the traffic infraction occurred. With respect to fines and bail forfeitures which are proceeds of the wildlife revolving fund under section 183D-10.5, the director of finance shall transmit the fines and forfeitures to that fund."

SECTION 5. This Act does not affect any traffic fines or bail forfeitures collected before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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