Hawaii 2022 Regular Session

Hawaii Senate Bill SB2051 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2051 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT RELATING TO TRAFFIC FINES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2051
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2051
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO TRAFFIC FINES.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The purpose of this Act is to enable the respective counties to impose and collect fines for violations of the statewide traffic code, in addition to the fines imposed by the State under Chapter 291C, Hawaii Revised Statutes. SECTION 2. Section 291C-111, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) With respect to highways under their respective jurisdictions, the director of transportation is authorized to and the counties by ordinance may prohibit or restrict the stopping, standing, or parking of vehicles where the stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would interfere unduly with the free movement of traffic; provided that the violation of any law or any ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall constitute a traffic infraction. [The] Except as provided in section 291C-171, the counties shall not provide any other penalty, civil or criminal, or any other charge, in the form of rental or otherwise, in place of or in addition to the fine to be imposed by the district court for any violation of any ordinance prohibiting or restricting the stopping, standing, or parking of vehicles. This section shall not be construed as prohibiting the authority of the director of transportation or the counties to allow the stopping, standing, or parking of motor vehicles at a "T-shaped" intersection on highways under their respective jurisdictions; provided that such stopping, standing, or parking of motor vehicles is not dangerous to those using the highway or where the stopping, standing, or parking of motor vehicles would not unduly interfere with the free movement of traffic. The appropriate police department and county or prosecuting attorney of the various counties shall enforce any law or ordinance prohibiting or restricting the stopping, standing, or parking of vehicles, including but not limited to the issuance of parking tickets. Any person committing a violation of any law or ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall be subject to a fine to be enforced and collected by the district courts of this State and to be deposited into the state general fund for state use." SECTION 3. Section 291C-171, Hawaii Revised Statutes, is amended to read as follows: "§291C-171 Disposition of fines and forfeitures. (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[.]; provided that each county by ordinance may impose additional fines for the violation of any section or provision of the state traffic laws. Within thirty days after the effective date of the county ordinance, the applicable traffic violations bureau shall prepare citation forms for the police department of that county showing all state and county fines. Persons receiving citations having county fines may contest the county fines in the same manner that state fines are contested. The respective traffic violations bureaus shall collect the fines for the counties and shall remit the fines to the respective directors of budget and fiscal services, or finance, of the counties on a semi-annual basis. (b) In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments. The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency. Any interest penalty imposed as provided in this section may be waived by the court for good cause. All penalties collected for such outstanding citations and judgments shall be paid to the director of finance of the State[.]; provided that, if the county has enacted an ordinance imposing an additional fine for the infraction, the director shall remit the counties' share, if any, of the penalty to the respective directors of budget and fiscal services, or finance, of the counties on a semi-annual basis." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. The purpose of this Act is to enable the respective counties to impose and collect fines for violations of the statewide traffic code, in addition to the fines imposed by the State under Chapter 291C, Hawaii Revised Statutes.
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51	51	SECTION 2. Section 291C-111, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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53	53	"(a) With respect to highways under their respective jurisdictions, the director of transportation is authorized to and the counties by ordinance may prohibit or restrict the stopping, standing, or parking of vehicles where the stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would interfere unduly with the free movement of traffic; provided that the violation of any law or any ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall constitute a traffic infraction. [The] Except as provided in section 291C-171, the counties shall not provide any other penalty, civil or criminal, or any other charge, in the form of rental or otherwise, in place of or in addition to the fine to be imposed by the district court for any violation of any ordinance prohibiting or restricting the stopping, standing, or parking of vehicles.
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55	55	This section shall not be construed as prohibiting the authority of the director of transportation or the counties to allow the stopping, standing, or parking of motor vehicles at a "T-shaped" intersection on highways under their respective jurisdictions; provided that such stopping, standing, or parking of motor vehicles is not dangerous to those using the highway or where the stopping, standing, or parking of motor vehicles would not unduly interfere with the free movement of traffic.
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57	57	The appropriate police department and county or prosecuting attorney of the various counties shall enforce any law or ordinance prohibiting or restricting the stopping, standing, or parking of vehicles, including but not limited to the issuance of parking tickets. Any person committing a violation of any law or ordinance, regardless of whether established under this or any other section, prohibiting or restricting the stopping, standing, or parking of vehicles shall be subject to a fine to be enforced and collected by the district courts of this State and to be deposited into the state general fund for state use."
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59	59	SECTION 3. Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:
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61	61	"§291C-171 Disposition of fines and forfeitures. (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[.]; provided that each county by ordinance may impose additional fines for the violation of any section or provision of the state traffic laws. Within thirty days after the effective date of the county ordinance, the applicable traffic violations bureau shall prepare citation forms for the police department of that county showing all state and county fines. Persons receiving citations having county fines may contest the county fines in the same manner that state fines are contested. The respective traffic violations bureaus shall collect the fines for the counties and shall remit the fines to the respective directors of budget and fiscal services, or finance, of the counties on a semi-annual basis.
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63	63	(b) In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments. The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency. Any interest penalty imposed as provided in this section may be waived by the court for good cause. All penalties collected for such outstanding citations and judgments shall be paid to the director of finance of the State[.]; provided that, if the county has enacted an ordinance imposing an additional fine for the infraction, the director shall remit the counties' share, if any, of the penalty to the respective directors of budget and fiscal services, or finance, of the counties on a semi-annual basis."
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65	65	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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67	67	SECTION 5. This Act shall take effect upon its approval.
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71	71	INTRODUCED BY: _____________________________
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74	74	INTRODUCED BY:
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76	76	_____________________________
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80	80	By Request
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82	82	Report Title: Hawaii State Association of Counties Package; Statewide Traffic Code; County Fines Description: Authorizes the respective counties to impose and collect fines for violations of the Statewide Traffic Code, in addition to the fines imposed by the State under Chapter 291C, HRS. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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88	88	Report Title:
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90	90	Hawaii State Association of Counties Package; Statewide Traffic Code; County Fines
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94	94	Description:
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96	96	Authorizes the respective counties to impose and collect fines for violations of the Statewide Traffic Code, in addition to the fines imposed by the State under Chapter 291C, HRS.
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104	104	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.