Report Title:

Unadjudicated Traffic Fines

Description:

Transfers all fines and forfeitures collected for uncontested traffic infractions to the counties starting from July 1, 2005.

HOUSE OF REPRESENTATIVES

H.B. NO.

2831

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to unadjudicated traffic fines.

 

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

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

"Part transmittal of traffic fines and

forfeitures to the counties.

291C-A Definitions.

"Traffic infractions" means the same as defined under section 291D-2.

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

291C-B Transmittal of fines from July 1, 2005.

(a) From July 1, 2005, the state director of finance shall transmit to each county, not more than thirty days after the end of each of each fiscal quarter, all the fines and forfeitures collected for uncontested traffic infractions committed in that county, which are in excess of amounts required by the State to pay the administrative costs of the Traffic Violations Bureau.

(b) 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 a portion of the fines and forfeitures described in this subsection."

SECTION 2. 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. The judiciary shall identify those uncontested fines and defined in section 291C-A. The disposition of fines and forfeitures paid to the state director of finance shall be subject to sections 291C-B."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2004.

 

 

INTRODUCED BY:

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