Report Title:

Traffic Violations, Infractions; Fines, Forfeitures; Counties

Description:

Transfers to each county, 50% of the fines and forfeitures collected for convictions of, or forfeitures of bail by, persons charged with traffic violations or infractions in that county, which are not deposited directly into a county fund or used to pay county expenses.

HOUSE OF REPRESENTATIVES

H.B. NO.

1017

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to county revenues.

 

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

SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"291C-   Transmittal of fines and forfeitures to county. (a) For the purposes of this section, "violation" means an infraction or violation of any state law or county ordinance relating to motor and other vehicles, including highway safety, vehicle equipment safety, driver licensing, motor vehicle safety responsibility, used motor vehicle parts and accessories, abandoned vehicles, bicycles, and use of intoxicants; traffic violations; and violations of the statewide traffic code.

(b) The state director of finance shall transmit to each county, not more than thirty days after the end of each fiscal quarter, fifty per cent of the fines and forfeitures collected for convictions of, or forfeitures of bail by, persons charged with violations in that county, which are not deposited directly into a county fund or used to pay county expenses.

(c) This section shall not apply to:

(1) Fines and forfeitures from violations that occur in state off-street parking facilities, parks, airports, and harbors that are subject to enforcement by state personnel;

(2) Moneys that are required by state or federal law, including any rules or regulations adopted pursuant to the same, to be deposited into the state highway fund."

SECTION 2. Section 291C-111, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) With respect to highways under their respective jurisdictions, the director of transportation is authorized to and the counties by ordinance may prohibit or restrict the stopping, standing, or parking of vehicles where the stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would interfere unduly with the free movement of traffic; provided that the violation of any law or any ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall constitute a traffic infraction. The counties shall not provide any other penalty, civil or criminal, or any other charge, in the form of rental or otherwise, in place of or in addition to the fine to be imposed by the district court for any violation of any ordinance prohibiting or restricting the stopping, standing, or parking of vehicles.

This section shall not be construed as prohibiting the authority of the director of transportation or the counties to allow the stopping, standing, or parking of motor vehicles at a "T-shaped" intersection on highways under their respective jurisdictions; provided that such stopping, standing, or parking of motor vehicles is not dangerous to those using the highway or where the stopping, standing, or parking of motor vehicles would not unduly interfere with the free movement of traffic.

The appropriate police department and county or prosecuting attorney of the various counties shall enforce any law or ordinance prohibiting or restricting the stopping, standing, or parking of vehicles, including but not limited to the issuance of parking tickets. Any person committing a violation of any law or ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall be subject to a fine to be enforced and collected by the district courts of this State and to be [deposited into the state general fund for state use.] paid to the state director of finance."

SECTION 3. Section 291C-150, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Notwithstanding any law to the contrary, the fines collected for a violation of this section shall be paid [into the state treasury to the credit of the state general fund.] to the state director of finance."

SECTION 4. 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 disposition of fines, forfeitures, and penalties paid to the director of finance of the State shall be subject to section 291C-   ."

SECTION 5. 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) Fifty per cent of all monetary assessments imposed under this chapter that are not deposited directly into a county fund or used to pay county expenses shall be deposited with the state director of finance pursuant to section 706-643."

SECTION 6. 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, the reason for the payment, and the amount and date thereof, being recorded. All such funds shall be deposited with the director of finance of the State to the credit of the general fund of the State[.]; provided that prior to deposit into the state general fund, the director of finance of the State shall transmit to each county fifty per cent of all revenues collected from traffic violations during the preceding fiscal year by any district court in the respective county involving traffic violations within its jurisdiction. The director of finance of the State, by September 15 of each year, shall pay the amount as prescribed above to the respective directors of finance of each county.

With respect to fines and bail forfeitures which are proceeds of the wildlife revolving fund under section 183D-10.5, the director of finance of the State shall transmit the fines and forfeitures to that fund."

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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