HOUSE OF REPRESENTATIVES

H.B. NO.

1377

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to citations.

 

 

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

 


SECTION 1. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"291-    Electronic citation surcharge. (a) In addition to any other civil penalties ordered by the court, a person who violates any provision under this part shall be ordered to pay an electronic citation surcharge of $5.

(b) The person shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the director of finance, who shall credit the surcharge to the electronic citation special fund established under section 291C-C."

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

"PART    . ELECTRONIC CITATION PROGRAM

291C-A Definitions. As used in this part:

"Electronic citation" means the process of transmitting traffic, misdemeanor, or other citations and law enforcement data via electronic means to the clerk of the court.

291C-B Electronic citation surcharge. (a) In addition to any other civil penalties ordered by the court, a person who violates any provision under this chapter shall be ordered to pay an electronic citation surcharge of $5.

(b) The person shall pay the surcharge to the clerk of the court, who shall credit the surcharge to the electronic citation special fund established under section 291C-C.

291C-C Electronic citation program; electronic citation special fund; establishment. (a) There is established, within the judiciary, an electronic citation program. This program shall be funded and sustained through the electronic citation special fund.

(b) There is established in the state treasury the electronic citation special fund, into which shall be deposited:

(1) Electronic citation fees, charges, and other moneys collected pursuant to any traffic misdemeanors or other violations; and

(2) Appropriations by the legislature to the special fund; and

(3) All moneys received from public or private sources for the purposes of this fund.

(c) Moneys in the electronic citation special fund shall be distributed by the judiciary, in accordance with rules adopted pursuant to subsection (d), to the respective county police departments and clerk of the court to defray expenses related to the establishment and maintenance of the electronic citation program.

(d) The judiciary shall adopt rules pursuant to chapter 91 to implement this section. The rules shall establish a formula by which the moneys in the electronic citation special fund shall be distributed to the respective law enforcement agencies and to the administrative director of the courts and provide how each shall expend the moneys for the purposes of an electronic citation program."

SECTION 3. Section 291D-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) In addition to any monetary assessment imposed for a traffic infraction and the cost for an electronic citation surcharge, 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."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2021-2022 for start-up costs associated with the electronic citation program.

The sum appropriated shall be expended by the judiciary for the purposes of this Act.

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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2021.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Electronic Citation Program; Surcharge; Appropriation

 

Description:

Creates an electronic citation program under the judiciary and establishes an electronic citation surcharge.

 

 

 

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