Report Title:

Unadjudicated Traffic Fines

Description:

Transfers in 2 phases, all fines and forfeitures collected for uncontested traffic infractions to the counties: 50% in fiscal year 2004-2005; and 100% in fiscal year 2005-2006.

THE SENATE

S.B. NO.

2767

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to unadjudicated 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 COUNTIES

§291C-A Definitions. For purposes of this part, unless the context clearly requires otherwise:

"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 and forfeitures from July 1, 2004 through June 30, 2005. From July 1, 2004 through June 30, 2005, 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 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. 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.

§291C-C Transmittal of fines and forfeitures from July 1, 2005. From July 1, 2005, 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, which are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau. 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 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. The judiciary shall identify those uncontested traffic infractions as 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 and 291C-C."

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

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