Report Title:

Parking Fines and Forfeitures; County Delegation of Enforcement; Use of Funds for Urban Renewal Activities

Description:

Authorizes counties to deputize nonprofit urban renewal organization employees to issue parking tickets. Requires the state director of finance to transmit to each county all the fines and forfeitures collected for uncontested parking violations committed in that county that are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau.

HOUSE OF REPRESENTATIVES

H.B. NO.

2676

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the counties.

 

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

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"46-   Parking regulation enforcement in urban renewal areas. (a) A county, by resolution of its legislative body, may delegate its authority to enforce county parking statutes, ordinances, or rules to employees of a redevelopment agency established under section 53-2 or a nonprofit entity established for the purpose of conducting urban renewal activities within the county's jurisdiction. The delegation of such authority may be concurrent with the authority of the police to enforce parking statutes, ordinances, or rules and may be for all or a portion of the parking areas under the county's jurisdiction.

(b) A delegation of authority pursuant to subsection (a) does not authorize, allow, or imply a delegation of authority to the employees of a redevelopment agency or nonprofit entity to assume any of the powers delegated to law enforcement personnel by statute except as provided in this section.

(c) Neither the sovereign immunity of the State nor the sovereign immunity applicable to a county shall extend to the nonprofit entity, nor may the nonprofit entity plead the defense of sovereign immunity in any action arising out of the enforcement of county parking statutes, ordinances, or rules by that entity pursuant to this section.

(d) The state director of finance shall transmit to each county that delegates its authority to enforce parking statutes, ordinances, or rules under subsection (a), not more than thirty days after the end of each fiscal quarter, all fines and forfeitures collected for uncontested parking violations committed in that county that are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau; provided that the amounts received by the counties pursuant to this section shall be distributed by the counties so as to reflect the proportional share of parking violations issued by each agency or entity authorized under subsection (a).

(e) All funds received by a redevelopment agency or a nonprofit entity under this section and section 291C-    shall be used for the sole purpose of funding parking enforcement activities of the redevelopment agency or the nonprofit entity.

(f) A county electing to delegate its parking ordinance enforcement authority under this section shall adopt rules in accordance with chapter 91 to effectuate this section."

SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read a follows:

"291C-   Transmittal of parking fines and forfeitures to county. (a) For the purpose of this section:

"Parking violation" means all violations of statutes, ordinances, or rules relating to parking for which the prescribed penalties do not include imprisonment.

"Uncontested parking violation" means a parking violation for which the person noticed under section 291D-5 does not contest the violation. A person "does not contest" the violation if, in accordance with section 291D-6(b)(1), the person admits the commission of the parking violation without requesting a hearing to explain mitigating circumstances and pays or remits bail forfeiture by mail within thirty days.

(b) The state director of finance shall transmit to each county that delegates its authority to enforce parking statutes, ordinances, or rules under section 46-   (a), not more than thirty days after the end of each fiscal quarter, all fines and forfeitures collected for uncontested parking violations committed in that county that are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau; provided that the amounts received by the counties pursuant to this section shall be distributed by the counties so as to reflect the proportional share of parking violations issued by each agency or entity authorized under section 46-   (a).

(c) This section shall not apply to:

(1) Fines and forfeitures for violations that occur on state off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; and

(2) Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund.

No county shall be entitled to any portion of the fines and forfeitures described in this subsection."

SECTION 3. Section 291C-171, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section of 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. The judiciary shall identify uncontested parking fines and forfeitures as defined in 291C-   . The disposition of uncontested parking fines and forfeitures paid to the state director of finance shall be subject to section 291C-   ."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2004; provided that fines and forfeitures collected pursuant to the new section added to chapter 291C, Hawaii Revised Statutes, by section 2 of this Act, shall apply to fines and forfeitures collected after June 30, 2004.

INTRODUCED BY:

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