Report Title:

Traffic Fines and Forfeitures; Counties

Description:

Requires the state director of finance to transmit to each county all the fines and forfeitures collected for uncontested traffic infractions 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.

770

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to government.

 

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 a follows:

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

"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.

(b) The state director of finance shall transmit to each county, not more than thirty days after the end of each fiscal quarter, all the fines and forfeitures collected for uncontested traffic infractions 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 used for public safety purposes.

(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 2. 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 fines and forfeitures as defined in 291C-   . The disposition of uncontested fines and forfeitures paid to the state director of finance shall be subject to section 291C-   ."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2003, provided that fines and forfeitures collected pursuant to section 291C-   , Hawaii Revised Statutes, shall apply to fines and forfeitures collected after June 30, 2003.

INTRODUCED BY:

_____________________________

By Request