Report Title:

Traffic Violations; Administrative Fee; Electronic Citations

 

Description:

Authorizes a $4 administrative fee on all citations for traffic code violations to be shared by the judiciary and the counties for the establishment and maintenance of an electronic citation system.  Establishes the electronic citation system special fund.  Provides for the disbursement of the funds to the counties and the judiciary.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1613

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to traffic violations.

 

 

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

 


     SECTION 1.  The legislature finds that the development of an electronic citation system for traffic and other types of violations would significantly enhance public safety and law enforcement services.  While an increasing number of law enforcement agencies throughout the nation are implementing electronic citation systems, the costs are prohibitive for individual jurisdictions.  For the city and county of Honolulu alone, the cost of implementing an electronic system comprised of hardware, software, and programming to capture, manage, and share citation data has been estimated at $1,500,000.

     The legislature also finds that an electronic citation system, particularly for traffic violations, would provide timely information for law enforcement agencies and make available electronic information on a real-time basis for criminal investigations, thereby resulting in a fast, efficient citation process that allows for electronic information sharing among law enforcement, transportation, and judicial agencies.

     The purpose of this Act is to provide a source of funding for the establishment and maintenance of an electronic citation system through an administrative fee of $4 per citation issued for any violation of the statewide traffic code.

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

     "§291C-A  Traffic violation administrative fee established.  Effective July 1, 2007, an administrative fee of $4 shall be assessed on each citation issued for a violation of the statewide traffic code pursuant to chapters 291C and 291D.  Revenue from the administrative fee shall fund the establishment and maintenance of an electronic citation system.  All revenue collected pursuant to this section shall be deposited into the electronic citation system special fund established in section 291C-B.

     "§291C-B  Electronic citation system special fund; establishment and disbursement.  (a)  There is established in the state treasury a special fund to be known as the electronic citation system special fund.  The administrative fee for each citation provided for in section 291C-A shall be shared equally by the judiciary and the respective county police department that issued the citation.

(b)  Effective July 1, 2008, the state director of finance shall transmit not more than thirty days after the end of each fiscal quarter, fifty per cent of the administrative fee assessed each citation issued pursuant to section 291C-A:

     (1)  The respective county police department that issued the citation; and

(2)  The judiciary."

     SECTION 3.  Section 36-27, Hawaii Revised Statutes, is amended to read as follows:

     "§36-27  Transfers from special funds for central service expenses.  Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:

     (1)  Special out-of-school time instructional program fund under section 302A-1310;

     (2)  School cafeteria special funds of the department of education;

     (3)  Special funds of the University of Hawaii;

     (4)  State educational facilities improvement special fund;

     (5)  Convention center enterprise special fund under section 201B-8;

     (6)  Special funds established by section 206E-6;

     (7)  Housing loan program revenue bond special fund;

     (8)  Housing project bond special fund;

     (9)  Aloha Tower fund created by section 206J-17;

    (10)  Funds of the employees' retirement system created by section 88-109;

    (11)  Unemployment compensation fund established under section 383-121;

    (12)  Hawaii hurricane relief fund established under chapter 431P;

    (13)  Hawaii health systems corporation special funds;

    (14)  Tourism special fund established under section 201B‑11;

    (15)  Universal service fund established under chapter 269;

    (16)  Integrated tax information management systems special fund under section 231-3.2;

    (17)  Emergency and budget reserve fund under section 328L‑3;

    (18)  Public schools special fees and charges fund under section 302A-1130(f);

    (19)  Sport fish special fund under section 187A-9.5;

    (20)  Neurotrauma special fund under section 321H-4;

    (21)  Deposit beverage container deposit special fund under section 342G-104;

    (22)  Glass advance disposal fee special fund established by section 342G-82;

    (23)  Center for nursing special fund under section [[]304A-2163[]];

    (24)  Passenger facility charge special fund established by section 261-5.5;

    (25)  Solicitation of funds for charitable purposes special fund established by section 467B-15;

    (26)  Land conservation fund established by section 173A-5;

    (27)  Court interpreting services revolving fund under section 607-1.5;

    (28)  Trauma system special fund under section 321-22.5;

    (29)  Hawaii cancer research special fund;

    (30)  Community health centers special fund; [and]

    (31)  Emergency medical services special fund[[]; and

    (32)  Electronic citation system special fund established by section 291C-B;

shall deduct five per cent of all receipts of all other special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State.  All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers.  To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund.  No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year.[]]"

     SECTION 4.  Section 36-30, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "§36-30  Special fund reimbursements for departmental administrative expenses.  (a)  Each special fund, except the:

     (1)  Transportation use special fund established by section 261D-1;

     (2)  Special out-of-school time instructional program fund under section 302A-1310;

     (3)  School cafeteria special funds of the department of education;

     (4)  Special funds of the University of Hawaii;

     (5)  State educational facilities improvement special fund;

     (6)  Special funds established by section 206E-6;

     (7)  Aloha Tower fund created by section 206J-17;

     (8)  Funds of the employees' retirement system created by section 88-109;

     (9)  Unemployment compensation fund established under section 383-121;

    (10)  Hawaii hurricane relief fund established under chapter 431P;

    (11)  Convention center enterprise special fund established under section 201B-8;

    (12)  Hawaii health systems corporation special funds;

    (13)  Tourism special fund established under section 201B‑11;

    (14)  Universal service fund established under chapter 269;

    (15)  Integrated tax information management systems special fund under section 231-3.2;

    (16)  Emergency and budget reserve fund under section 328L‑3;

    (17)  Public schools special fees and charges fund under section 302A-1130(f);

    (18)  Sport fish special fund under section 187A-9.5;

    (19)  Neurotrauma special fund under section 321H-4;

    (20)  Center for nursing special fund under section [[]304A-2163[]];

    (21)  Passenger facility charge special fund established by section 261-5.5;

    (22)  Court interpreting services revolving fund under section 607-1.5;

    (23)  Trauma system special fund under section 321-22.5;

    (24)  Hawaii cancer research special fund;

    (25)  Community health centers special fund; [and]

    (26)  Emergency medical services special fund[[]; and

    (27)  Electronic citation system special fund established by section 291C-B;"

shall be responsible for its pro rata share of the administrative expenses incurred by the department responsible for the operations supported by the special fund concerned.[]]

     SECTION 5.  In codifying the new sections added by section 2 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 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2007.

 

INTRODUCED BY:

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