HOUSE OF REPRESENTATIVES	H.B. NO.	323
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to Uncontested traffic infractions.

 

 

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

 

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

"PART   .  TRANSMITTAL OF TRAFFIC FINES

AND FORFEITURES TO COUNTIES

     §291C-A  Definitions.  As used in this part, unless the context clearly requires otherwise:

     "Traffic infraction" means the same as defined under section 291D-2.

     "Uncontested traffic infraction" means a traffic infraction for which the person noticed 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 the commission of the infraction without requesting a hearing to explain mitigating circumstances and pays or remits bail forfeiture by mail, via the Internet, or by telephone within thirty days.

     §291C-B  Transmittal of fines and forfeitures from July 1, 2017.  (a)  Beginning July 1, 2017, the director of finance shall transmit to each county, not more than thirty days after the end of each fiscal quarter, all the fines and forfeitures collected for uncontested traffic infractions committed in that county that are in excess of amounts required by the State to pay the administrative costs of the traffic violations bureau. The fines and forfeitures shall be directed to the county in which the citations were issued. 

     (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; and

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

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

     SECTION 2.  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 fines paid for uncontested traffic infractions as defined in section 291C-A.  The disposition of fines and forfeitures paid to the director of finance shall be subject to section 291C-B."

     SECTION 3.  In codifying the new sections added by section 1 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 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Kauai County Package; Uncontested Traffic Infractions; Transfer of Fines and Forfeitures to Counties

 

Description:

Transfers certain fines and forfeitures collected for uncontested traffic infractions to the counties.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.