Report Title:

Motor Vehicles; Fees and Fines to Counties

Description:

Provides that fees and fines from adjudicated and unadjudicated traffic crimes and infractions shall be distributed to the county in which the traffic crime or infraction occurred.

THE SENATE

S.B. NO.

1124

TWENTY-SECOND LEGISLATURE, 2003

 

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. 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 unadjudicated traffic crimes and infractions shall be distributed between the State and counties in accordance with section 291C-171 and used to fund the appropriate police department in each county, including salaries of the police department personnel."

SECTION 2. Section 286-216, Hawaii Revised Statutes, is amended to read as follows:

"[[]286-216[] [Fines,] Disposition of fees and [charges.] fines. All [moneys] fees collected under this part shall be [paid into the state highway fund and shall be expended for the purpose of this part.] distributed to the county in which the traffic infraction occurred."

SECTION 3. Section 291-37, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person guilty of omitting any of the required acts, or committing any of the prohibited acts of this chapter, or the rules adopted shall be guilty of a violation of this chapter and shall be fined not less than $25 nor more than $1,800; provided that any person guilty of omitting any of the required acts, or committing any of the prohibited acts of [sections] section 291-34, 291-35, or 291-36 shall be fined not more than $600 and not less than the fine [which is] set forth in the following tables:

The minimum fine for a

If the excess weight is: first violation shall be:

100 to 1,500 pounds $125

1,501 to 2,000 pounds 130

2,001 to 2,500 pounds 140

2,501 to 3,000 pounds 160

3,001 to 3,500 pounds 180

3,501 to 4,000 pounds 200

4,001 to 4,500 pounds 225

4,501 to 5,000 pounds 250

5,001 to 5,500 pounds 275

5,501 to 6,000 pounds 300

6,001 to 6,500 pounds 330

6,501 to 7,000 pounds 360

7,001 to 7,500 pounds 390

7,501 to 8,000 pounds 420

8,001 to 8,500 pounds 455

8,501 to 9,000 pounds 490

9,001 to 9,500 pounds 525

9,501 to 10,000 pounds 560

10,001 pounds and over 580

If the excess dimension is: The minimum fine shall be:

Up to 5 feet $ 25

Over 5 feet and up to 10 feet 50

Over 10 feet and up to 15 feet 75

Over 15 feet 100

For the purpose of the imposition of a fine or penalty herein, evidence of prior offenses shall be admissible.

For a second violation within one year of the first, the fine for excess weight shall be not less than twice the fine listed in the excess weight table above and not more than $1,200. For a third or subsequent violation for excess weight previously cited under this section within one year, the fine shall not be less than triple the fine listed in the excess weight table above and not more than $1,800.

For the purposes of this section "person" means the driver of the vehicle unless the driver is an employee in the scope and course of employment, in which case "person" means the employer of the driver. In the case of the transportation of a sealed container or transportation by flatrack, "person" means:

(1) The individual or company the cargo is consigned to; or

(2) The individual or company located in the State shipping the cargo.

The consignee or the shipper shall not be cited if the power units' drive axle group is overweight and the weight is not more than that allowed for a tandem axle with any applicable tolerances.

[All penalties] The proceeds of fines imposed and collected for violations of sections 291-33 to 291-36 shall be [paid into the state highway fund.] distributed to the county in which the traffic infraction occurred.

The department of transportation is authorized to institute a system where the minimum fine, based on the tables in this subsection, may be mailed in when the citation or penalty is not to be contested. This system shall include an ability for the owner of the vehicle or combination of vehicles to request the operator be held harmless and the citation be transferred to that owner of the vehicle or combination of vehicles."

SECTION 4. 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]. The district courts shall transmit all adjudicated and unadjudicated traffic crimes and infractions fine proceeds to the director of finance for distribution to the counties."

SECTION 5. 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 or county traffic ordinances and all assessments collected relating to the commission of traffic crimes and infractions shall be paid to the director of finance of the [State.] county in which the traffic infraction occurred.

(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 shall distribute all fine proceeds from adjudicated and unadjudicated traffic crimes and infractions that occurred in each county to the county in which the traffic crime or infraction occurred.

(d) For purposes of this section:

"County highway" means a highway or street, including the sidewalk portion that is owned or controlled by a county.

"County traffic ordinance" means an ordinance regulating:

(1) The operation, stopping, standing, or parking of a vehicle on a county highway or other county property;

(2) The equipment, weight, or size of a vehicle operating on a county highway;

(3) The travel of a pedestrian, skater, or skateboarder on a county highway; or

(4) The conduct of a person in a county off-street parking lot.

"State traffic law" means this chapter, chapter 286, and chapter 291."

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, 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. 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.] to be distributed to the county in which the traffic infraction occurred."

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:

_____________________________

By Request