THE SENATE

S.B. NO.

852

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to highway safety.

 

 

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

 


PART I

SECTION 1. The legislature finds that the prevalence of drivers who violate Hawaii's traffic laws is intolerable, particularly drivers who speed. This dangerous behavior puts the lives of all of Hawaii's roadway users at risk. According to state traffic data, speeding continues to be the most common contributing factor in motor vehicle fatalities. Data from the department of transportation shows that speeding contributed to almost fifty per cent of all motor vehicle fatalities.

Automated red light and speed enforcement cameras are powerful tools that can reduce motor vehicle crashes and fatalities by augmenting traditional enforcement efforts or enforcing in locations where traffic stops are impractical or unsafe.

The purpose of this Act is to establish an automated speed enforcement program to improve enforcement of speeding laws.

PART II

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 17 to be appropriately designated and to read as follows:

"CHAPTER

AUTOMATED SPEED ENFORCEMENT SYSTEMS

   -1. Definitions. As used in this chapter, unless the context otherwise requires:

"Automated speed enforcement system" means a device, or combination of devices, used for traffic enforcement pursuant to section 291C-102 or section 291C-  , that includes a vehicle sensor working in conjunction and synchronization with a speed measuring device and a camera, to automatically produce and record one or more sequenced photographs, microphotographs, video or other recorded images of a motor vehicle and motor vehicle license plate, at the time the motor vehicle is exceeding the applicable speed limit, in violation of section 291C-  .

"County highway" has the same meaning as used in section 264-1.

"Department" means the department of transportation.

"Motor vehicle" has the same meaning as used in section 291C‑1.

"Owner" or "registered owner" has the same meaning as used in section 286-2.

"State highway" has the same meaning as used in section 264‑1.

   -2. Automated speed enforcement systems program; established. There is established the automated speed enforcement systems program, which may be implemented by the State or any county, on state or county highways within each respective county, to enforce the speed restriction laws of the State.

   -3. State and county powers and duties. (a) The State shall establish and implement, in accordance with this chapter, an automated speed enforcement system imposing monetary liability on the registered owner of a motor vehicle for failure to comply with section 291C-102. The State or any county may provide for the:

(1) Procurement, location, and oversight of an automated speed enforcement system; and

(2) Installation, operation, maintenance, and repair of the automated speed enforcement system through a third-party contractor.

Where the automated speed enforcement system affects state property, the department shall cooperate with and assist the county as needed to install, maintain, and repair the automated speed enforcement system established pursuant to this chapter.

(b) If the State establishes an automated speed enforcement system under this chapter, the compensation paid by the State to a manufacturer or vendor of the equipment used shall be based upon the value of the equipment and services provided or rendered in support of the automated speed enforcement system and shall not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.

(c) Prior to the installation and operation of any automated speed enforcement system, for each intersection considered for enforcement via the automated speed enforcement system, the State shall:

(1) Conduct a comprehensive engineering review and study of each intersection and implement all necessary and appropriate engineering, design, and traffic-control signal measures; and

(2) Conduct a study to acquire a baseline average of the number of motor vehicles violating the posted speed limit pursuant to section 291C-102, over a period of not less than one week; provided that the baseline average shall be determined prior to the installation of any signs or other official traffic-control devices that indicate that an intersection is being considered for an automated speed enforcement system.

(d) At least sixty days prior to the automated speed enforcement system becoming operational, the department, in conjunction with any county that implements an automated speed enforcement system program pursuant to this chapter, shall conduct a comprehensive informational and educational campaign to inform motorists and the general public about the program.

(e) During the first thirty days of operation of an automated speed enforcement system at a particular intersection, a warning shall be issued for any violation and mailed to the registered owner of the motor vehicle at the address on record at the vehicle licensing division in lieu of a summons or citation pursuant to section    -6.

   -4 Automated speed enforcement system requirements. (a) Automated speed enforcement system equipment shall be operated from a fixed pole, post, or other fixed structure on a state or county highway.

(b) Signs or other traffic-control signal devices indicating that traffic signal laws are enforced by an automated speed enforcement system shall be posted on major routes entering the area in question to provide, as far as practicable, notice to drivers of the existence and operation of the system.

(c) Proof of a violation of section 291C-102 shall be as evidenced by information obtained from an automated speed enforcement system authorized pursuant to this chapter. A certificate, sworn to or affirmed by the reviewing county police department, or a facsimile thereof, based upon inspection of any photograph, microphotograph, videotape, or other recorded image evidencing a violation shall be available for inspection in any proceeding to adjudicate the liability for that violation.

(d) It shall be a defense to any prosecution for a violation of motor vehicle noise limits pursuant to this chapter that the automated speed enforcement system was malfunctioning at the time of the alleged violation.

(e) The conditions specified in this section shall not apply when the information gathered is used for highway safety research or to issue warning citations not involving a fine or court appearance.

   -5 Summons or citations. (a) Notwithstanding any law to the contrary, beginning January 1, 2024, whenever any motor vehicle is determined, by means of an automated speed enforcement system, to have violated the posted speed limit pursuant to section 291C-102, the State's third party contractor shall cause a summons or citation, as described in this section, to be sent by first class mail, that is postmarked within ten-calendar days after the date of the incident, to the registered owner of the motor vehicle at the address on record at the vehicle licensing division. If the end of the ten-calendar day period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day that is not a Saturday, Sunday, or holiday.

(b) The form and content of the summons or citation shall be as adopted or prescribed by the administrative judge of the district courts and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the summons or citation valid within the laws of the State; provided that any summons or citation issued pursuant to the automated speed enforcement systems program shall contain a clear and unobstructed photographic, digital, or other visual image of the motor vehicle license plate, and decibel units measured by the decibel reader, which shall be used as evidence of the violation.

(c) Every summons or citation shall be consecutively numbered and each copy thereof shall bear the number of its respective original.

(d) Prior to the mailing of the summons or citation for a traffic infraction pursuant to subsection (a), the applicable county police department shall review and verify the validity of the clear and unobstructed photographic, digital, or other visual image of the license plate of the motor vehicle required under this section.

(e) Upon receipt of the summons or citation the registered owner shall respond as provided for in chapter 291D. A record of the mailing of the summons or citations prepared in the ordinary course of business is prima facie evidence of notification. The registered owner shall be determined by the identification of the motor vehicle license plate.

   -6 Registered owner's responsibility for a summons or citation. (a) In any proceeding for a violation of this chapter, the information contained in the summons or citation mailed in accordance with section    -5 shall be deemed prima facie evidence that a violation of section 291C‑32(c) occurred. If the registered owner does not rebut the evidence presented in this subsection by presenting one or more of the defenses listed in subsection (b), the registered owner shall be strictly liable for a violation of section 291C-31.

(b) The registered owner of the vehicle may present the following evidence to rebut the evidence in subsection (a):

(1) Submitting a written statement as provided in section 291D-6(b)(2);

(2) Testifying in open court under oath that the person named in the summons or citation was not the registered owner of the motor vehicle at the time of the alleged violation;

(3) Calling witnesses to testify in open court under oath that the person named in the summons or citation was not the registered owner of the motor vehicle at the time of the alleged violation; or

(4) Submitting to the court adjudicating the alleged violation, prior to the return date established on the citation or summons issued pursuant to this chapter, a letter of verification of loss from the county police department indicating that the motor vehicle or the motor vehicle license plates had been reported stolen.

   -7 Failure to comply with summons or citation. If the registered owner of the motor vehicle fails to respond to a summons or citation within thirty days from the date of the mailing of the summons or citation, the district court shall issue a notice of entry of judgment of default to the registered owner of the motor vehicle pursuant to section 291D‑7(e).

   -8 Liability for rental or U‑drive motor vehicle. Notwithstanding any law to the contrary, any registered owner of record who is the lessor of a rental or U-drive motor vehicle, including those defined in section 286-2, shall be liable for any summons or citation issued pursuant to this chapter. The registered owner shall not be precluded from pursuing reimbursement from any applicable renter or lessee.

   -9 Penalty. (a) It shall be a violation for any person to violate any of the provisions of this chapter, unless the violation is by other law of the State declared to be a felony, misdemeanor, or petty misdemeanor.

(b) Every person who is determined to have violated any provision of this chapter for which another penalty is not provided shall be fined:

(1) Not more than $           for a first violation thereof;

(2) Not more than $           for a second violation committed within one year after the date of the first violation; and

(3) Not more than $           for a third or subsequent violation committed within one year after the date of the first violation.

(c) Any summons or citations issued or convictions resulting from this chapter shall not be recorded on a person's traffic abstract and shall not be used for insurance purposes in the provision of motor vehicle insurance coverage.

   -10 Fines for unauthorized disclosure. All personal and confidential information made available by an automated speed enforcement system to an officer, employee, or agent of the State or any county, including third party contractors, shall be kept confidential and shall be used only for the purposes for which the information was furnished. Any officer, employee, or agent of the State or any county, including a third-party contractor, who intentionally discloses or provides a copy of personal and confidential information obtained from an automated speed enforcement system to any person or agency without authorization shall be fined not more than $500; provided that the fine shall not preclude the application of penalties or fines otherwise provided for by law.

   -11 Automated speed enforcement systems program special fund; established. (a) There is established in the state treasury an automated speed enforcement system program special fund to be administered by the department, into which shall be deposited all fines and revenues collected pursuant to this chapter.

(b) Moneys in the fund shall be expended by the department in the county in which the fine was imposed, for the establishment, implementation, operation, oversight, repair, and maintenance of an automated speed enforcement system.

   -12 Rules. The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this chapter."

PART III

SECTION 3. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"291C-   Noncompliance with speed limit under automated speed enforcement system (a) Whenever a motor vehicle travels through a location actively monitored by an automated speed enforcement system, all registered owners of all motor vehicles in vehicular traffic shall be held strictly liable for their motor vehicle's compliance with the maximum speed limit, to the extent that registered owners may be cited and held accountable for their motor vehicle traveling at a speed greater than the maximum speed limit, via civil traffic infractions pursuant to chapter      .

(b) In the event a registered owner is cited for their motor vehicle violating this section, and the driver of the motor vehicle is cited pursuant to section 291C-102 or section 291C-105 for the same incident, the citation issued under this paragraph shall be dismissed.

(c) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

(d) If the motor vehicle is traveling at a speed exceeding:

(1) The maximum speed limit by thirty miles per hour or more; or

(2) Eighty miles per hour or more irrespective of the maximum speed limit;

the registered owner shall pay a fine of $250.

(e) To the extent a registered owner's motor vehicle fails to comply with any other law or ordinance related to traffic-control signals, including subsection (d)(1) or (2), the registered owner of a motor vehicle shall not be held strictly liable unless otherwise provided by law.

(f) For purposes of this section, "maximum speed limit" means the maximum speed limit established by county ordinance or by official signs placed by the director of transportation on highways under the director's jurisdiction."

SECTION 4. Section 291C-161, Hawaii Revised Statutes, is amended to read as follows:

"291C-161 Penalties; photo red light imaging detector system fines[.]; automated speed enforcement system fines. (a) It shall be a violation for any person to violate any of the provisions of this chapter, except as otherwise specified in subsections (c) and (d) and unless the violation is by other law of this State declared to be a felony, misdemeanor, or petty misdemeanor.

(b) Except as provided in subsections (c) and (d), every person who is determined to have violated any provision of this chapter for which another penalty is not provided shall be fined:

(1) Not more than $200 for a first violation thereof;

(2) Not more than $300 for a second violation committed within one year after the date of the first violation; and

(3) Not more than $500 for a third or subsequent violation committed within one year after the date of the first violation.

(c) Every person convicted under or found in violation of section 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14, 291C‑15, 291C-16, 291C-72, 291C-73, 291C-95, 291C-102, 291C-103, 291C-104, or 291C-105 shall be sentenced or fined in accordance with those sections.

(d) Every person who violates section 291C-13 or 291C-18 shall:

(1) Be fined not more than $200 or imprisoned not more than ten days for a first conviction thereof;

(2) Be fined not more than $300 or imprisoned not more than twenty days or both for conviction of a second offense committed within one year after the date of the first offense; and

(3) Be fined not more than $500 or imprisoned not more than six months or both for conviction of a third or subsequent offense committed within one year after the date of the first offense.

(e) The court may assess a sum not to exceed $50 for the cost of issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person for any traffic violation.

(f) Fines collected for a violation of section 291C-32(c) pursuant to the photo red light imaging detector system established pursuant to chapter 291J shall be deposited into the photo red light imaging detector systems program special fund established under section 291J-12 and shall be expended in the county in which the fine was imposed, for purposes that include the establishment, implementation, operation, oversight, management, repair and maintenance of a photo red light imaging detector system.

(g) Fines collected for a violation of section 291C-   pursuant to an automated speed enforcement system established by chapter       shall be deposited into the automated speed enforcement systems program special fund established under section    -11 and shall be expended in the county in which the fine was imposed, for purposes that include the establishment, implementation, operation, oversight, repair and maintenance of an automated speed enforcement system and implementation of the automated speed enforcement systems program.

[(g)] (h) The court may require a person who violates any of the provisions of this chapter to attend a course of instruction in driver retraining as deemed appropriate by the court, in addition to any other penalties imposed."

SECTION 5. Section 291C-165, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In every case when a citation is issued, the original of the citation shall be given to the violator; provided that:

(1) In the case of an unattended vehicle, the original of the citation shall be affixed to the vehicle as provided for in section 291C-167; or

(2) In the case of:

(A) A vehicle utilizing the high occupancy vehicle lane illegally; [or]

(B) A vehicle illegally utilizing a parking space reserved for persons with disabilities, where the violator refuses the citation; or

(C) A motor vehicle determined by an automated speed enforcement system established pursuant to chapter       to have exceeded a speed restriction in violation of section 291C-  ,

the original of the citation shall be sent by certified or registered mail, with a return receipt that is postmarked within forty-eight hours of the time of the incident, as provided in section 291C-223 for vehicles illegally utilizing the high occupancy vehicle lane, or within seventy-two hours of the time of the incident for vehicles illegally utilizing a parking space reserved for persons with disabilities, to the registered owner of the vehicle at the address on record at the vehicle licensing division. If the end of the applicable forty-eight or seventy-two hour period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day [which] that is not a Saturday, Sunday, or holiday; provided that the administrative judge of the district courts may allow a carbon copy of the citation to be given to the violator or affixed to the vehicle and provide for the disposition of the original and any other copies of the citation."

PART IV

SECTION 6. 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 2023-2024 as a grant-in-aid to the city and county of Honolulu for the implementation of the automated speed enforcement systems program.

The sum appropriated shall be expended by the city and county of Honolulu for the purposes of this Act.

SECTION 7. 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 2023-2024 as a grant-in-aid to the county of Maui for the implementation of the automated speed enforcement systems program.

The sum appropriated shall be expended by the city and county of Maui for the purposes of this Act.

SECTION 8. 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 2023-2024 as a grant-in-aid to the county of Kauai for the implementation of the automated speed enforcement systems program.

The sum appropriated shall be expended by the city and county of Kauai for the purposes of this Act.

SECTION 9. 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 2023-2024 as a grant-in-aid to the county of Hawaii for the implementation of the automated speed enforcement systems program.

The sum appropriated shall be expended by the city and county of Hawaii for the purposes of this Act.

SECTION 10. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the automated speed enforcement systems program special fund.

SECTION 11. There is appropriated out of the automated speed enforcement systems program special fund the sum of $           or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment and implementation of the automated speed enforcement systems program.

The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 12. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 13. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect on July 1, 2023.

 

INTRODUCED BY:

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Report Title:

Department of Transportation; Highway Safety; Automated Speed Enforcement System; Automated Speed Enforcement Systems Program Special Fund; Appropriation

 

Description:

Establishes the Automated Speed Enforcement Systems Program. Authorizes the state or counties to administer the Automated Speed Enforcement Systems Program. Requires fines collected beginning 1/1/2024 for violations on a county highway to be expended for the operation of the Automated Speed Enforcement Systems Program. Creates a new offense of noncompliance with the posted speed limit under the Automated Speed Enforcement System. Appropriates funds.

 

 

 

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