HOUSE OF REPRESENTATIVES H.B. NO. 697 THIRTY-THIRD LEGISLATURE, 2025 H.D. 2 STATE OF HAWAII S.D. 1 A BILL FOR AN ACT RELATING TO TRANSPORTATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
HOUSE OF REPRESENTATIVES H.B. NO. 697
THIRTY-THIRD LEGISLATURE, 2025 H.D. 2
STATE OF HAWAII S.D. 1
HOUSE OF REPRESENTATIVES
H.B. NO.
697
THIRTY-THIRD LEGISLATURE, 2025
H.D. 2
STATE OF HAWAII
S.D. 1
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291L-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Reviewing entity" means a county police department or authorized employee of the department of law enforcement." SECTION 2. Section 291L-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Proof of a violation of section 291C-108 shall be 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,] entity, or a facsimile thereof, based upon inspection of any clear and unobstructed photographs, microphotographs, video, or other recorded images produced by the system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, video, or other recorded images shall be available for inspection in any proceeding to adjudicate the liability for that violation." SECTION 3. Section 291L-5, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) Notwithstanding any law to the contrary and except as otherwise provided in this chapter, beginning January 1, 2025, whenever any motor vehicle is determined, by means of an automated speed enforcement system, to have exceeded the posted maximum speed limit by not less than [five] seven miles per hour in violation of section 291C-108, 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. The registered owner shall be determined by the identification of the motor vehicle license plate." 2. By amending subsection (d) to read: "(d) Before mailing the summons or citation for a traffic infraction pursuant to subsection (a), the [applicable county police department] reviewing entity 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." SECTION 4. There is appropriated out of the state highway fund the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 3000.
SECTION 1. Section 291L-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Reviewing entity" means a county police department or authorized employee of the department of law enforcement."
SECTION 2. Section 291L-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Proof of a violation of section 291C-108 shall be 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,] entity, or a facsimile thereof, based upon inspection of any clear and unobstructed photographs, microphotographs, video, or other recorded images produced by the system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, video, or other recorded images shall be available for inspection in any proceeding to adjudicate the liability for that violation."
SECTION 3. Section 291L-5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Notwithstanding any law to the contrary and except as otherwise provided in this chapter, beginning January 1, 2025, whenever any motor vehicle is determined, by means of an automated speed enforcement system, to have exceeded the posted maximum speed limit by not less than [five] seven miles per hour in violation of section 291C-108, 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. The registered owner shall be determined by the identification of the motor vehicle license plate."
2. By amending subsection (d) to read:
"(d) Before mailing the summons or citation for a traffic infraction pursuant to subsection (a), the [applicable county police department] reviewing entity 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."
SECTION 4. There is appropriated out of the state highway fund the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title: DLE; DOT; Automated Speed Enforcement Systems; Violations; Evidence; State Highway Fund; Appropriations Description: Allows authorized employees of the Department of Law Enforcement, in addition to county police departments, to perform certain actions in reviewing recorded images produced by automated speed enforcement systems. Appropriates funds from the State Highway Fund to the Department of Transportation to establish and implement the Automated Speed Enforcement Systems Program. Effective 7/1/3000. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
DLE; DOT; Automated Speed Enforcement Systems; Violations; Evidence; State Highway Fund; Appropriations
Description:
Allows authorized employees of the Department of Law Enforcement, in addition to county police departments, to perform certain actions in reviewing recorded images produced by automated speed enforcement systems. Appropriates funds from the State Highway Fund to the Department of Transportation to establish and implement the Automated Speed Enforcement Systems Program. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.