Report Title:

County Highway Patrols

 

Description:

Allows counties to establish highway patrols as part of police departments; requires uncontested traffic fines and forfeitures to be transmitted to the counties for highway patrols.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1463

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COUNTY HIGHWAY PATROLS.

 

 

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

 


     SECTION 1.  The legislature finds that county highway patrols would aid in reducing the loss of life and the occurrence of personal injuries on highways statewide.  In addition, highway patrols would free up existing traffic division officers to concentrate on other traffic control matters.

     According to the National Highway Traffic Safety Administration:

     (1)  Hawaii was tied for second place in the nation with Wyoming for the highest percentage increase in the number of fatalities from motor vehicle crashes, increasing by fifteen per cent from one hundred forty fatalities in 2005 to one hundred sixty-one fatalities in 2006;

     (2)  Speeding in Hawaii was a contributing factor in 2005 in sixty-nine of the one hundred forty traffic fatalities, or forty-nine per cent;

     (3)  The police issued nine hundred forty-four citations statewide in 2005 for racing on highways; and

     (4)  In 2006, Hawaii had the highest percentage of traffic deaths involving alcohol in the nation, consisting of fifty‑two per cent of the one hundred sixty‑one traffic fatalities.

     The legislature finds that allowing counties to establish separate highway patrol divisions within their respective police departments is feasible, prudent, and necessary.

     The purpose of this Act is to:

     (1)  Allow each county to establish a highway patrol division within their respective police departments; and

     (2)  Require that uncontested traffic fines be transmitted to the counties for highway patrols.

     SECTION 2.  Chapter 291D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  uncontested traffic fines

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

     "Qualifying county" means a county that has established a county highway patrol under section 52D-3.

     "Traffic infraction" shall have the same meaning as in section 291D-2.

     "Uncontested traffic infraction" means a traffic infraction for which the person receiving notice 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 to the commission of the infraction without requesting a hearing to explain any mitigating circumstances and pays or remits bail forfeiture by mail within thirty days.

     §291D-B  Transmittal of fines and forfeitures from July 1, 2010, to June 30, 2011.  (a)  From July 1, 2010, to June 30, 2011, the state director of finance shall transmit to each qualifying county, not more than thirty days after the end of each fiscal quarter, fifty per cent of all fines and forfeitures collected for uncontested traffic infractions committed in that qualifying county that are in excess of amounts that are required by the State to pay the administrative costs of the traffic violations bureau.  The qualifying county shall expend moneys so collected to defray costs of a county highway patrol.

     (b)  Subsection (a) 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; or

     (2)  Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund.

No qualifying county shall be entitled to any portion of the fines and forfeitures described under this subsection.

     (c)  At the end of each fiscal year, any unexpended and unencumbered moneys transmitted to any qualifying county shall be transmitted by the county to the state director of finance for deposit into the state general fund.

     §291D-C  Transmittal of fines and forfeitures from July 1, 2011.  (a)  From July 1, 2011, the state director of finance shall transmit to each qualifying county, not more than thirty days after the end of each fiscal quarter, all fines and forfeitures collected for uncontested traffic infractions committed in that qualifying county that are in excess of amounts that are required by the State to pay the administrative costs of the traffic violations bureau.  The qualifying county shall expend moneys so collected to defray costs of a county highway patrol.

     (b)  Subsection (a) 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; or

     (2)  Fines and forfeitures that are required by law to be paid into a special, revolving, or trust fund.

No qualifying county shall be entitled to any portion of the fines and forfeitures described under this subsection.

     (c)  At the end of each fiscal year, any unexpended and unencumbered moneys transmitted to any qualifying county shall be transmitted by the county to the state director of finance for deposit into the state general fund."

     SECTION 3.  Section 52D-3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§52D-3[]]  Powers and duties of chief of police[.]; highway patrol.  The chief of police shall have the powers and duties as prescribed by law, the respective county charter, and as provided by this chapter.  The chief of police may establish a county highway patrol that shall be dedicated exclusively to enforcement of state and county traffic laws relating to highways, as defined in section 291C-1, including but not limited to, enforcement of chapters 291D and 291E."

     SECTION 4.  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 291D-A.  The disposition of fines and forfeitures paid to the state director of finance shall be subject to sections 291D-B and 291D-C."

     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 letter used in designating the new sections of 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 upon its approval.

 

INTRODUCED BY:

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