Bill Text: HI SB224 | 2024 | Regular Session | Amended
Bill Title: Relating To Noise Control.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-25 - Received notice of discharge of all conferees (Hse. Com. No. 457). [SB224 Detail]
Download: Hawaii-2024-SB224-Amended.html
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THE SENATE |
S.B. NO. |
224 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO NOISE CONTROL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 107-11, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Any person who violates any of the rules
adopted by the comptroller shall be fined [not] no more than $50
for each violation; provided that a person violating any provision of part III
of chapter 291, or any rule adopted thereunder, shall be guilty of a traffic
infraction under chapter [291D] and shall be
fined or otherwise penalized in accordance with part III of chapter 291."
SECTION 2. Section 109-7, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Any person violating any rule of the stadium
authority regulating parking or traffic on the stadium premises shall have
committed a traffic infraction as set forth in chapter [291D,] ,
the adjudication of which shall be subject to the provisions contained therein."
SECTION 3. Section 127A-29, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person violating any rule of the governor or mayor prescribed and adopted pursuant to this chapter and having the force and effect of law shall, if it shall be so stated and designated in the rule, be guilty of a violation, petty misdemeanor, or misdemeanor. The governor or mayor may state and designate the penalty applicable to the offense; provided that if a penalty is not stated and designated, the person shall be sentenced in accordance with chapter 706. If the offense and penalty are not stated and designated in the rule, the person shall be guilty of a misdemeanor and upon conviction, the person shall be fined no more than $2,000, imprisoned no more than one year, or both.
In
lieu of a violation, petty misdemeanor, or misdemeanor, the governor or mayor
may state and designate the noncompliance of a rule as an emergency period
infraction, as defined in section [291D-2.] -2. Any emergency period infraction so stated and
designated in the rule shall be adjudicated pursuant to chapter [291D.] . A person guilty of an emergency period
infraction shall be fined $200 for each occurrence; provided that the governor
or mayor may state and designate in the rule a fine of a different amount."
SECTION 4. Section 183-5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Any person who violates any rule adopted by
the department under this chapter regulating vehicular parking or traffic
movement shall have committed a traffic infraction and be adjudicated as set
forth in chapter [291D.] . A person found to have committed a traffic
infraction shall be fined no more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation.
Except as provided in this subsection, the State shall be precluded from pursuing further civil legal action to recover administrative fines, fees, and costs, including attorney's fees and costs or monetary assessment against the person fined under this subsection."
SECTION 5. Section 184-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Any person violating this chapter, any rule
adopted pursuant thereto, or the terms and conditions of any permit issued
thereunder, regulating vehicular parking or traffic movement shall have
committed a traffic infraction as set forth in chapter [291D,] ,
the adjudication of which shall be subject to the provisions contained
therein. A person found to have
committed [such] a traffic infraction shall be fined [not] no
more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation."
SECTION 6. Section 200-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any person who violates any rule adopted by
the department under this part regulating vehicular parking or traffic movement
shall have committed a traffic infraction as set forth in chapter [291D,]
, the adjudication of which shall be subject to the
provisions contained therein. A person
found to have committed [such] a traffic infraction shall be fined [not]
no more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation."
SECTION 7. Section 261-17.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The director may enforce airport rules
pertaining to vehicle parking at airports by imposing fines not to exceed $50
per violation or by removing the vehicle of the offender from the area within
the airport's jurisdiction, or both; provided that a person violating any
provision of part III of chapter 291, or any rule adopted thereunder, shall be
guilty of a traffic infraction under chapter [291D]
and shall be fined or otherwise penalized in accordance with part III of
chapter 291."
SECTION 8. Section 261-21, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Any person violating any rule relating to
parking of motor vehicles or equipment at a public airport, including baggage
carts, dollies, and other similar devices, shall have committed a traffic
infraction as set forth in chapter [291D,] ,
the adjudication of which shall be subject to the provisions contained therein."
SECTION 9. Section 266-25, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any person who violates any rule adopted by
the department of transportation under this part regulating vehicular parking
or traffic movement shall have committed a traffic infraction as set forth in
chapter [291D,] , the adjudication of which
shall be subject to the provisions contained therein. A person found to have committed such a
traffic infraction shall be fined [not] no more than:
(1) $100 for a first violation;
(2) $200 for a second violation; and
(3) $500 for a third or subsequent violation."
SECTION 10. Section 286-109, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Statutes of limitations and other provisions
of this chapter notwithstanding, no driver's license or instruction permit
shall be issued or renewed under this section, where the examiner of drivers is
notified by the district judge, [traffic and emergency period violations]
adjudication of infractions bureaus of the district courts, or the judge
of the circuit court that the applicant has failed to respond to a traffic
citation or summons, or failed to appear in court after an arrest for the
violation of any traffic laws of a county, this chapter or chapter 286G, 287,
290, 291, or 291C, or of any motor vehicle insurance laws under article 10C of
chapter 431, or of any motorcycle or motor scooter insurance laws under article
10G of chapter 431, and the same remains delinquent and outstanding, or the
applicant, has as of the time of the application, failed to comply in full with
all orders of the court; provided that this subsection shall not apply to
outstanding and delinquent payments pursuant to chapter [291D;] ;
provided further that the district court with whose order an applicant has
failed to comply in full, may approve the issuance or renewal of a driver's
license or instruction permit other than a commercial driver's license upon
conditions imposed by the court for the satisfaction of the outstanding court
order and any other conditions as may be imposed by the court, if one or more
of the following conditions are met:
(1) The applicant is gainfully employed in a position that requires driving and will be discharged if the applicant is unable to drive; or
(2) The applicant has no access to alternative transportation and therefore must drive to work;
provided further that if the applicant has failed to comply in full with orders of the district court of more than one circuit, the applicant shall obtain the approval of the district court of each circuit in which the applicant has an outstanding court order before a driver's license or instruction permit may be issued or renewed under this subsection.
A driver's license or instruction permit issued or renewed under this subsection shall be subject to immediate suspension by the court upon the applicant's failure to remain in full compliance with all conditions imposed by the court for the issuance or renewal of the driver's license or instruction permit. The examiner of drivers may place an indication of restriction upon a driver's license or instruction permit issued or renewed under this subsection. Proof of financial responsibility under section 287-20 shall not apply to the issuance or renewal of driver's licenses or instruction permits under this subsection."
SECTION 11. Section 291-53, Hawaii Revised Statutes, is amended to read as follows:
"§291-53
Nontransferability; penalty.
The disability parking permit shall not be
used by anyone other than the person with a disability to whom it is issued
unless it is being used in connection with the transport of the person with a
disability. An unauthorized person using
the disability parking permit to obtain the special parking privileges
authorized under this part or otherwise afforded by the State or counties,
shall be guilty of a traffic infraction under chapter [291D]
and fined no less than $250 nor more than $500."
SECTION 12. Section 291-57, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Any
person who uses a parking space reserved for persons with disabilities who:
(1) Fails to properly display a disability parking
permit;
(2) Displays an invalid disability parking permit;
(3) Uses a disability parking permit that was not
issued to that person or to any passengers occupying the vehicle in the parking
space; or
(4) With or without a disability parking permit:
(A) Parks
in an access aisle; or
(B) Obstructs
the ingress or egress to a parking space reserved for a person with a
disability;
shall be guilty of a traffic infraction under
chapter [291D] and shall be fined no less than
$250 nor more than $500 and pay any costs incurred by the court related to
assessing the fine; provided that a person with a disability who has been
issued a valid disability parking permit that is currently in effect, and who
has failed to display the disability parking permit while parking in a space
reserved for persons with disabilities, shall pay a fine of no less than $25
nor more than $100 and any costs incurred by the court related to assessing the
fine.
(b) Any person who uses a parking space reserved
for persons with disabilities and refuses or fails to present an identification
card issued under this chapter or the rules adopted thereunder to an
enforcement officer upon request shall be guilty of a traffic infraction under
chapter [291D] and shall be fined no less than
$250 nor more than $500."
SECTION 13. Section 291-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person who parks a non-electric vehicle
in a space designated and marked as reserved for electric vehicles or parks any
vehicle in a parking space equipped with an electric vehicle charging system
while not actively charging shall be guilty of a traffic infraction under
chapter [291D] and shall be fined [not]
no less than $50 nor more than $100, and shall pay any costs incurred by
the court related to assessing the fine."
SECTION 14. Section 291C-131, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) Violation of this section shall be considered
an offense as defined in section 701-107(5), shall not be subject to the
provisions of chapter [291D,] , and shall
subject the owner or driver of the vehicle, or both, to the following penalties
without possibility of probation or suspension of sentence:
(1) For a first violation, by a fine of [not]
no less than $250 and [not] no more than $500[.];
(2) For a second violation involving a vehicle or driver previously cited under this section within one year:
(A) Suspension of the vehicle registration
or suspension of the license of the driver, or both, for [not] no
less than five working days but [not] no more than ten working
days; and
(B) A fine of [not] no less
than $500 and [not] no more than $750[.]; and
(3) For a third or subsequent violation involving a vehicle or driver previously cited under this section within one year:
(A) Suspension of the vehicle registration or suspension of the license of the driver, or both, for a period of thirty calendar days; and
(B) A fine of [not] no less
than $750 and [not] no more than $1,000.
In imposing a fine under this subsection, the court, in its discretion, may apportion payment of the fine between the driver of the vehicle and the owner of the vehicle according to the court's determination of the degree of fault for the violation.
For the purposes of this subsection, a truck-trailer combination and tractor-semitrailer combination, as they are defined in section 286-2, shall be considered as one vehicle."
SECTION 15. Section 291C-137, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(g) Any violation as provided in
subsections (a) and (c) shall be deemed to be a traffic infraction as defined
in section [291D-2.] -2."
SECTION 16. Section 291C-167, Hawaii Revised Statutes, is amended to read as follows:
"§291C-167
Summons or citation on illegally parked vehicle. Whenever any motor vehicle without a driver
is found parked or stopped in violation of any of the restrictions contained in
the state traffic laws, the officer or designated county employee finding the
vehicle shall take its registration number and may take any other information
displayed on the vehicle that may identify its registered owner and
conspicuously shall affix to the vehicle a citation, as described in section
291C-165, for the registered owner of record to answer as provided in chapter [291D.]
."
SECTION 17. Chapter 291D, Hawaii Revised Statutes, is amended by renumbering the chapter to be appropriately designated by the revisor of statutes and to read as follows:
"CHAPTER [291D]
ADJUDICATION OF INFRACTIONS
[§291D-1]
§ -1 Purpose. (a) Act 222, Session Laws of Hawaii 1978, began
the process of decriminalizing certain traffic offenses, not of a serious
nature, to the status of violations. In
response to a request by the legislature, the judiciary prepared a report in
1987 that recommended, among other things, further decriminalization of traffic
offenses, elimination of most traffic arraignments, disposition of uncontested
violations by mail, and informal hearings where the violation or the proposed
penalty is questioned. The legislature
finds that further decriminalization of certain traffic offenses and
streamlining of the handling of those traffic cases will achieve a more
expeditious system for the judicial processing of traffic infractions. The system of processing traffic infractions
established by this chapter will:
(1) Eliminate the long and tedious arraignment proceeding for a majority of traffic matters;
(2) Facilitate and encourage the resolution of many traffic infractions through the payment of a monetary assessment;
(3) Speed the disposition of contested cases through a hearing, similar to small claims proceedings, in which the rules of evidence will not apply and the court will consider as evidence the notice of traffic infraction, applicable police reports, or other written statements by the police officer who issued the notice, any other relevant written material, and any evidence or statements by the person contesting the notice of traffic infraction;
(4) Dispense in most cases with the need for witnesses, including law enforcement officers, to be present and for the participation of the prosecuting attorney;
(5) Allow judicial, prosecutorial, and law enforcement resources to be used more efficiently and effectively; and
(6) Save the taxpayers money and reduce their frustration with the judicial system by simplifying the traffic court process.
The legislature further finds that this chapter will not require expansion of the current traffic division of the district courts, but will achieve greater efficiency through more effective use of existing resources of the district courts.
(b) The legislature finds that the pandemic related to the coronavirus disease 2019 necessitated the imposition of emergency period rules in an attempt to control the spread of the disease in the State. The thousands of violations of the emergency period rules caused an examination of the ability to impose infractions for lesser offenses as an alternative to using the Penal Code and to allow for more efficient use of the judicial system. The system of processing traffic infractions under this chapter was enacted in 1993 and has provided a useful mechanism for handling offenses deemed as infractions and is well-suited to certain types of violations of emergency period rules that are designated infractions by the governor or mayor under the state's emergency management laws.
(c) The legislature finds that excessive noise
pollution is a serious problem in various areas across the State, which can
travel through walls, closed doors, and windows at any time of day or night,
and prevent many individuals and families from the peaceful enjoyment of their
homes. While a reasonable amount of
noise should be expected anywhere, and particularly in those areas that are
most densely populated, there must be reasonable noise limits, and a means for
enforcing those limits, that is fair and predictable for everyone
involved. To the extent that counties
wish to enforce these noise limits via civil infractions, rather than criminal
penalties, the system of processing traffic and emergency period infractions
established under this chapter provides a suitable mechanism for handling these
infractions.
[§291D-2] § -2 Definitions. As used in this chapter:
"Concurrent
trial" means a trial proceeding held in the district or family court in
which the defendant is tried simultaneously in a civil case for any charged [traffic
infraction or emergency period] qualified infraction and in a
criminal case for any related criminal offense, with trials to be held in one
court on the same date and at the same time.
"Emergency period infraction" means all occurrences of noncompliance with rules adopted by the governor or a mayor pursuant to chapter 127A, which are stated and designated in the rule as being an emergency period infraction.
"Hearing"
means a proceeding conducted by the district court pursuant to section [291D-8]
-9 at which the person to whom a notice of [traffic
infraction or notice of emergency period] qualified infraction was
issued either admits to the infraction, contests the notice of [traffic
infraction or notice of emergency period] qualified infraction, or
admits to the [traffic infraction or emergency period] qualified
infraction but offers an explanation to mitigate the monetary assessment
imposed.
"Noise
control infraction" means all occurrences of noncompliance with
noise-related ordinances adopted by applicable counties, which are stated and
designated in the ordinances as being a noise control infraction.
"Notice of qualified infraction" means notice of emergency period infraction, notice of noise control infraction, or notice of traffic infraction.
"Notice of traffic infraction" includes a notice of parking infraction.
"Qualified
infraction" means emergency period infraction, noise control infraction,
or traffic infraction."
"Related
criminal offense" means any criminal violation or crime, committed in the
same course of conduct as a [traffic infraction or emergency period] qualified
infraction, for which the defendant is arrested or charged.
"Traffic infraction" means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter.
"Trial" means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence.
[§291D-3] § -3 Applicability. (a)
Notwithstanding any other provision of law to the contrary, all [traffic
infractions and emergency period] qualified infractions, including
infractions committed by minors, shall be adjudicated pursuant to this chapter,
except as provided in subsection (b).
This chapter shall be applied uniformly throughout the State and in all
counties. No penal sanction that includes
imprisonment shall apply to a violation of a state statute or rule, or county
ordinance or rule, that would constitute a [traffic infraction or an
emergency period] qualified infraction under this chapter. No [traffic infraction or emergency period]
qualified infraction shall be classified as a criminal offense.
(b) Where a defendant is charged with a [traffic
infraction or an emergency period] qualified infraction and the
infraction is committed in the same course of conduct as a criminal offense for
which the offender is arrested or charged, the [traffic infraction or
emergency period] qualified infraction shall be adjudicated pursuant
to this chapter; provided that the court may schedule any initial appearance,
hearing, or trial on the [traffic infraction or emergency period] qualified
infraction at the same date, time, and place as the arraignment, hearing, or
trial on the related criminal offense.
Notwithstanding
this subsection and subsection (c), the court shall not schedule any initial
appearance, hearing, or trial on the [traffic infraction or emergency period]
qualified infraction at the same date, time, and place as the
arraignment, hearing, or trial on the related criminal offense where the
related criminal offense is a felony or is a misdemeanor for which the
defendant has demanded a jury trial.
(c) If the defendant requests a trial pursuant to
section [291D-13,] -13, the trial shall be held
in the district court of the circuit in which the [traffic infraction or
emergency period] qualified infraction was committed. If the court schedules a concurrent trial
pursuant to paragraph (1), the concurrent trial shall be held in the
appropriate district or family court of the circuit in which the [traffic
infraction or emergency period] qualified infraction was committed,
whichever has jurisdiction over the related criminal offense charged pursuant
to the applicable statute or rule of court; provided that:
(1) The district or family court, for the
purpose of trial, may schedule a civil trial on the [traffic infraction or
emergency period] qualified infraction on the same date and at the
same time as a criminal trial on the related criminal offense charged. The court shall enter a civil judgment as to
the [traffic infraction or emergency period] qualified infraction
and a judgment of conviction or acquittal as to the related criminal offense
following [such] the concurrent trial; and
(2) If trial on the [traffic infraction
or emergency period] qualified infraction is held separately from
and before trial on any related criminal offense, the following shall be
inadmissible in the prosecution or trial of the related criminal offense,
except as expressly provided by the Hawaii rules of evidence:
(A) Any written or oral statement made by
the defendant in proceedings conducted pursuant to section [291D-7(b);] -8(b);
and
(B) Any testimony given by the defendant in
the trial on the [traffic infraction or emergency period] qualified
infraction.
[Such]
The statements or testimony shall not be deemed a waiver of the
defendant's privilege against self-incrimination in connection with any related
criminal offense.
(d) In no event shall section 701-109 preclude
prosecution for a related criminal offense where a [traffic infraction or an
emergency period] qualified infraction committed in the same course
of conduct has been adjudicated pursuant to this chapter.
(e) If the defendant fails to appear at any scheduled court date before the date of trial or concurrent trial and:
(1) The defendant's civil liability for the
[traffic infraction or emergency period] qualified infraction has
not yet been adjudicated pursuant to section [291D-8,] -9,
the court shall enter a judgment by default in favor of the State for the [traffic
infraction or emergency period] qualified infraction unless the
court determines that good cause or excusable neglect exists for the defendant's
failure to appear; or
(2) The defendant's civil liability for the
[traffic infraction or emergency period] qualified infraction has
been adjudicated previously pursuant to section [291D-8,] -9,
the judgment earlier entered in favor of the State shall stand unless the court
determines that good cause or excusable neglect exists for the defendant's
failure to appear.
(f) If the defendant fails to appear at any
scheduled court date [prior to] before concurrent trial or fails
to appear for concurrent trial scheduled pursuant to subsection (c)(1), the
court shall enter a disposition pursuant to the Hawaii rules of penal procedure
for the criminal offense.
[[§291D-3.5]] § -4 U-drive vehicles; traffic infractions. Notwithstanding any other law to the
contrary, except those pertaining to the care and maintenance of the vehicle,
if the registered owner of record is the lessor of a rental or U-drive motor vehicle,
as defined in section 286-2, pursuant to a written lease agreement, the lessee
at the time of the issuance of the traffic infraction shall be responsible for [such]
the summons or citation; provided that the lessor shall be responsible
for [such] the summons or citation if the lessor does not provide
the court having jurisdiction over the summons or citation the name and address
of the lessee within forty-five days after a notice containing the date, time,
and location of the violation and the license number of the vehicle; provided
further that if requested by the lessor in writing within forty-five days of [such]
the notice of violation other than for parking citations, the
administrative judge of the court having jurisdiction over the citation or
summons shall waive the requirement of providing the name and address of the
lessee by the lessor and impose an administrative fee of $5 per citation on the
lessor, plus costs and fees not to exceed $10 in total per violation,
notwithstanding section 607-4 or other sections of the law, county ordinance,
or any rule to the contrary. In the case
of parking citations, the administrative judge of the court having jurisdiction
over the citation or summons may waive the requirement of providing the name
and address of the lessee by the lessor and impose an administrative fee of $5
per parking citation on the lessor, plus costs and fees not to exceed $10 in
total per [such] violation, notwithstanding section 607-4 or other
sections of the law, county ordinance, or any rule to the contrary.
[§291D-4]
§ -5
Venue and jurisdiction.
(a) All violations of state law,
ordinances, or rules designated as [traffic infractions or emergency period]
qualified infractions in this chapter shall be adjudicated in the
district and circuit where the alleged infraction occurred, except as otherwise
provided by law.
(b) Except as otherwise provided by law,
jurisdiction is in the district court of the circuit where the alleged [traffic
infraction or emergency period] qualified infraction occurred. Except as otherwise provided in this chapter,
district court judges shall adjudicate [traffic infractions and emergency
period] qualified infractions.
[§291D-5]
§ -6 Notice of infraction; form; determination final unless contested. (a)
The notice of traffic infraction for moving violations, [and the]
notice of emergency period infraction, and notice of noise control
infraction shall include the summons for the purposes of this chapter. Whenever a notice of [traffic infraction
or notice of emergency period] qualified infraction is issued, the person's
signature, driver's license number or state identification number, electronic
mail address, and current address shall be noted on the notice. If the person refuses to sign the notice of [traffic
infraction or notice of emergency period] qualified infraction, the
officer shall record this refusal on the notice and issue the notice to the
person. Anyone to whom a notice of [traffic
infraction or notice of emergency period] qualified infraction is
issued under this chapter need not be arraigned before the court, unless
required by rule of the supreme court.
(b) The forms for the notice of [traffic
infraction and notice of emergency period] qualified infraction
shall be prescribed by rules of the district court, which shall be uniform
throughout the State; provided that each judicial circuit may include differing
statutory, [rule, or] ordinance, or rule provisions on its
respective notice of [traffic infraction or notice of emergency period] qualified
infraction.
(c) A notice of [traffic infraction or notice
of emergency period] qualified infraction that is generated by the
use of electronic equipment or that bears the electronically stored image of
any person's signature, or both, shall be valid under this chapter.
(d) The notice of [traffic infraction or
notice of emergency period] qualified infraction shall include the
following:
(1) A statement of the specific infraction for which the notice was issued;
(2) Except in the case of parking-related traffic infractions, a brief statement of the facts;
(3) A statement of the total amount to be
paid for each infraction, which amount shall include any fee, surcharge, or
cost required by statute, ordinance, or rule, and any monetary assessment,
established for the particular infraction pursuant to section [291D-9,] -10,
to be paid by the person to whom the notice was issued, which shall be uniform
throughout the State;
(4) A statement of the options provided in
section [291D-6(b)] -7(b) for answering the
notice and the procedures necessary to exercise the options;
(5) A statement that the person to whom the
notice is issued shall answer, choosing one of the options specified in section
[291D-6(b),] -7(b), within twenty-one days of
issuance of the notice;
(6) A statement that failure to answer the notice within twenty-one days of issuance shall result in the entry of judgment by default for the State and may result in the assessment of a late penalty;
(7) A statement that, at a hearing
requested to contest the notice, pursuant to section [291D-8,] -9,
no officer shall be present unless the person to whom the notice was issued
timely requests the court to have the officer present, and that the standard of
proof to be applied by the court is whether a preponderance of the evidence
proves that the specified infraction was committed;
(8) A statement that, at a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction or in consideration of a written request for mitigation, the person shall be considered to have committed the infraction;
(9) A space in which the signature of the person to whom the notice was issued may be affixed; and
(10) The date, time, and place at which the person to whom the notice was issued shall appear in court, if the person is required by the notice to appear in person at the hearing.
(e) In the case of traffic infractions involving
parking or equipment, where the motor vehicle is found parked or stopped
without a driver, the notice shall be affixed conspicuously to the vehicle as
provided in section 291C-167 and shall include the information required by [paragraphs
(1) and (3) to (9) of subsection (d).] subsections (d)(1) and (3) to
(9).
[§291D-6] § -7
Answer required. (a) A
person who receives a notice of [traffic infraction or notice of emergency
period] qualified infraction shall answer the notice within
twenty-one days of the date of issuance of the notice. There shall be included with the notice of [traffic
infraction or notice of emergency period] qualified infraction a
preaddressed envelope directed to the [traffic and emergency period
violations] adjudication of infractions bureau of the applicable
district court.
(b) Provided that the notice of [traffic
infraction or notice of emergency period] qualified infraction does
not require an appearance in person at a hearing as set forth in section [291D-5(d)(10),]
-6(d)(10), in answering a notice of [traffic
infraction or notice of emergency period] qualified infraction, a
person shall have the following options:
(1) Admit the commission of the infraction in one of the following ways:
(A) By mail or in person, by completing the
appropriate portion of the notice of [traffic infraction, notice of
emergency period] qualified infraction[,] or preaddressed
envelope and submitting it to the authority specified on the notice together
with payment of the total amount stated on the notice of [traffic infraction
or notice of emergency period] qualified infraction. Payment by mail shall be in the form of a
check, money order, or by an approved credit or debit card. Payment in person shall be in the form of
United States currency, check, money order, or by an approved credit or debit
card; or
(B) Via the Internet or by telephone, by
submitting payment of the total amount stated on the notice of [traffic
infraction or notice of emergency period] qualified infraction. Payment via the Internet or by telephone
shall be by an approved credit or debit card;
(2) Deny the commission of the infraction
and request a hearing to contest the infraction by completing the appropriate
portion of the notice of [traffic infraction, notice of emergency period]
qualified infraction, or preaddressed envelope and submitting it, either
by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing,
the person may submit a written statement of grounds on which the person
contests the notice of [traffic infraction or notice of emergency period]
qualified infraction, which shall be considered by the court as a
statement given in court pursuant to section [291D-8(a);] -9(a);
or
(3) Admit the commission of the infraction
and request a hearing to explain circumstances mitigating the infraction by
completing the appropriate portion of the notice of [traffic infraction,
notice of emergency period] qualified infraction[,] or
preaddressed envelope and submitting it, either by mail or in person, to the
authority specified on the notice. In
lieu of appearing in person at a hearing, the person may submit a written
explanation of the mitigating circumstances, which shall be considered by the
court as a statement given in court pursuant to section [291D-8(b).] -9(b).
(c) When answering the notice of [traffic
infraction or notice of emergency period] qualified infraction, the
person shall affix the person's signature to the answer and [shall]
state the address at which the person will accept future mailings from the
court. No other response shall
constitute an answer for purposes of this chapter.
[§291D-7] § -8 Court action after answer or failure to
answer. (a) When an admitting answer is received, the
court shall enter judgment in favor of the State in the total amount specified
in the notice of [traffic infraction or notice of emergency period] qualified
infraction.
(b) When a denying answer is received, the court shall proceed as follows:
(1) In the case of a [traffic infraction
or emergency period] qualified infraction where the person requests
a hearing at which the person will appear in person to contest the infraction,
the court shall notify the person in writing of the date, time, and place of
hearing to contest the notice of [traffic infraction or notice of emergency
period] qualified infraction.
The notice of hearing shall be mailed to the address stated in the
denying answer, or if none is given, to the address stated on the notice of [traffic
infraction or notice of emergency period] qualified infraction. An electronic copy of the notice of hearing
may be sent to the electronic mail address stated on the notice of
infraction. The notification also shall
advise the person that, if the person fails to appear at the hearing, the court
shall enter judgment by default in favor of the State, as of the date of the
scheduled hearing, and that the total amount specified in the default
judgment shall be paid within thirty days of entry of default judgment; and
(2) When a denying answer is accompanied by
a written statement of the grounds on which the person contests the notice of [traffic
infraction or notice of emergency period] qualified infraction, the
court shall proceed as provided in section [291D-8(a)] ‑9(a)
and shall notify the person of its decision, including the total amount
assessed, if any, by mailing the notice of entry of judgment within forty-five
days of the postmarked date of the answer to the address provided by the person
in the denying answer, or if none is given, to the address given when the
notice of [traffic infraction or notice of emergency period] qualified
infraction was issued or, in the case of parking violations, to the address at
which the vehicle is registered. An
electronic copy of the notice of entry of judgment may be sent to the
electronic mail address stated on the notice of infraction. The notice of entry of judgment also shall
advise the person, if it is determined that the infraction was committed and
judgment is entered in favor of the State, that the person has the right,
within thirty days of entry of judgment, to request a trial and shall specify
the procedures for doing so. The notice
of entry of judgment shall also notify the person, if an amount is assessed by
the court for monetary assessments, fees, surcharges, or costs, that if the
person does not request a trial within the time specified in this paragraph,
the total amount assessed shall be paid within thirty days of entry of
judgment.
(c) When an answer admitting commission of the infraction but seeking to explain mitigating circumstances is received, the court shall proceed as follows:
(1) In the case of a [traffic infraction
or emergency period] qualified infraction where the person requests
a hearing at which the person will appear in person to explain mitigating
circumstances, the court shall notify the person in writing of the date, time,
and place of hearing to explain mitigating circumstances. The notice of hearing shall be mailed to the
address stated in the answer, or if none is given, to the address stated on the
notice of [traffic infraction or notice of emergency period] qualified
infraction. An electronic copy of the
notice of hearing may be sent to the electronic mail address stated on the
notice of infraction. The notification
also shall advise the person that, if the person fails to appear at the
hearing, the court shall enter judgment by default in favor of the State, as of
the date of the scheduled hearing, and that the total amount stated in the
default judgment shall be paid within thirty days of entry of default judgment;
and
(2) If a written explanation is included with an answer admitting commission of the infraction, the court shall enter judgment for the State and, after reviewing the explanation, determine the total amount of the monetary assessments, fees, surcharges, or costs to be assessed, if any. The court shall then notify the person of the total amount to be paid for the infraction, if any. There shall be no appeal from the judgment. If the court assesses an amount for monetary assessments, fees, surcharges, or costs, the court shall also notify the person that the total amount shall be paid within thirty days of entry of judgment.
(d) If the person fails to answer within twenty-one
days of issuance of the notice of [traffic infraction or notice of emergency
period] qualified infraction, the court shall take action as
provided in subsection (e).
(e) Whenever judgment by default in favor of the
State is entered, the court shall mail a notice of entry of default judgment to
the address provided by the person when the notice of [traffic infraction or
notice of emergency period] qualified infraction was issued or, in
the case of parking infractions, to the address stated in the answer, if any,
or the address at which the vehicle is registered. An electronic copy of the notice of entry of
default judgment may be sent to the electronic mail address stated on the
notice of infraction. The notice of
entry of default judgment shall advise the person that the total amount
specified in the default judgment shall be paid within thirty days of entry of
default judgment and shall explain the procedure for setting aside a default
judgment. Judgment by default for the
State entered pursuant to this chapter may be set aside pending final
disposition of the [traffic infraction or emergency period] qualified
infraction upon written application of the person and posting of an appearance
bond equal to the amount of the total amount specified in the default judgment
and any other assessment imposed pursuant to section [291D-9.] -10.
The application shall show good cause or
excusable neglect for the person's failure to take action necessary to prevent
entry of judgment by default.
Thereafter, the court shall determine whether good cause or excusable
neglect exists for the person's failure to take action necessary to prevent
entry of judgment by default. If so, the
application to set aside default judgment shall be granted, the default
judgment shall be set aside, and the notice of [traffic infraction or notice
of emergency period] qualified infraction shall be disposed of
pursuant to this chapter. If not, the
application to set aside default judgment shall be denied, the appearance bond
shall be forfeited and applied to satisfy amounts due under the default
judgment, and the notice of [traffic infraction or notice of emergency
period] qualified infraction shall be finally disposed. In either case, the court shall determine the
existence of good cause or excusable neglect and notify the person of its
decision on the application in writing.
[§291D-8] § -9
Hearings.
(a) In proceedings to contest a
notice of [traffic infraction or notice of emergency period] qualified
infraction where the person to whom the notice was issued has timely requested
a hearing and appears at [such] the hearing:
(1) In lieu of the personal appearance by
the officer who issued the notice of [traffic infraction or notice of
emergency period] qualified infraction, the court shall consider the
notice of [traffic infraction or notice of emergency period] qualified
infraction, and any other written report made by the officer, if provided to
the court by the officer, together with any oral or written statement by the
person to whom the notice of infraction was issued, or in the case of traffic
infractions involving parking or equipment, the operator or registered owner of
the motor vehicle;
(2) The court may compel by subpoena the
attendance of the officer who issued the notice of [traffic infraction or
notice of emergency period] qualified infraction, and other
witnesses from whom it may wish to hear;
(3) The standard of proof to be applied by
the court shall be whether, by a preponderance of the evidence, the court finds
that the [traffic infraction or emergency period] qualified
infraction was committed; and
(4) After due consideration of the evidence
and arguments, if any, the court shall determine whether commission of the [traffic
infraction or emergency period] qualified infraction has been
established. Where the commission of the
[traffic infraction or emergency period] qualified infraction has
not been established, judgment in favor of the defendant, dismissing the notice
of [traffic infraction or notice of emergency period] qualified
infraction or any count therein with prejudice, shall be entered in the
record. Where it has been established
that the [traffic infraction or emergency period] qualified
infraction was committed, the court shall enter judgment in favor of the State
and shall assess a monetary assessment pursuant to section [291D-9,] -10,
together with any fees, surcharges, or costs.
The court also shall inform the person of the right to request a trial
pursuant to section [291D-13.] -13. If the person requests a trial at the time of
the hearing, the court shall provide the person with the trial date as soon as
practicable.
(b) In proceedings to explain mitigating
circumstances where the person to whom the notice of [traffic infraction or
notice of emergency period] qualified infraction was issued has
timely requested a hearing and appears at [such] the hearing:
(1) The procedure shall be limited to the
issue of mitigating circumstances. A
person who requests to explain the circumstances shall not be permitted to
contest the notice of [traffic infraction or notice of emergency period]
qualified infraction;
(2) After the court has received the
explanation, the court shall enter judgment in favor of the State and may
assess a monetary assessment pursuant to section [291D-9,] -10,
together with any fees, surcharges, or costs;
(3) The court, after receiving the
explanation, may vacate the admission and enter judgment in favor of the
defendant, dismissing the notice of [traffic infraction, notice of emergency
period] qualified infraction[,] or any count therein with
prejudice, where the explanation establishes that the infraction was not
committed; and
(4) There shall be no appeal from the judgment.
(c) If a person for whom a hearing has been
scheduled, to contest the notice of [traffic infraction or notice of
emergency period] qualified infraction, or to explain mitigating
circumstances, fails to appear at the hearing, the court shall enter judgment
by default for the State and take action as provided in section [291D-7(e).]
-8(e).
[§291D-9] § -10 Monetary
assessments. (a) A person found to have committed a [traffic
infraction or emergency period] qualified infraction shall be
assessed a monetary assessment not to exceed the maximum fine specified in the
law or rule defining the [traffic infraction or emergency period] qualified
infraction. The court shall consider a
person's financial circumstances, if disclosed, in determining the monetary
assessment.
(b) Notwithstanding section 291C-161 or any other
law to the contrary, the district court of each circuit shall prescribe a
schedule of monetary assessments for all [traffic infractions and emergency
period] qualified infractions, and any additional assessments to be
imposed pursuant to subsection (c). The
particular assessment to be entered on the notice of [traffic infraction or
notice of emergency period] qualified infraction pursuant to section
[291D-5] -6 shall correspond to the schedule
prescribed by the district court. Except
after proceedings conducted pursuant to section [291D-8] -9
or a trial conducted pursuant to section [291D-13,] -13,
monetary assessments assessed pursuant to this chapter shall not vary from the
schedule prescribed by the district court having jurisdiction over the [traffic
infraction or emergency period] qualified infraction.
(c) In addition to any monetary assessment
imposed for a [traffic infraction or an emergency period] qualified
infraction, 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.
(d) Upon request of a person claiming inability to pay a monetary assessment, the court may grant an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu thereof.
(e) At any point before full payment of a monetary assessment, any person who suffers a change in financial circumstances may request a hearing to modify the monetary assessment or to request community service in lieu thereof.
[[§291D-11]] § -11 Time
computation. In computing any period
of time prescribed or allowed by this chapter, the day of the act, event, or
default from which the period of time begins to run shall not be included. The last day of the period so computed shall
be included, unless it is a Saturday, Sunday, or legal holiday in which event
the period runs until the end of the next day that is not a Saturday, Sunday,
or legal holiday. Intermediate
Saturdays, Sundays, and legal holidays shall be included. Whenever an act required to be performed
under this chapter may be accomplished by mail, the act shall be deemed to have
been performed on the date of the postmark on the mailed article.
[§291D-12] § -12 Powers of the district court judge sitting in
the [traffic and emergency period] adjudication of infractions
division. (a) A district court judge sitting in the [traffic
and emergency period] adjudication of infractions division and
hearing cases pursuant to this chapter shall have all the powers of a district
court judge under chapter 604, including the following powers:
(1) To conduct [traffic infraction and
emergency period] qualified infraction hearings and to impose
monetary assessments;
(2) To permit deferral of monetary assessment or impose community service in lieu thereof;
(3) To dismiss a notice of [traffic infraction
or notice of emergency period] qualified infraction, with or without
prejudice, or to set aside a judgment for the State;
(4) To order temporary driver's license suspension or driver's license reinstatement;
(5) To approve the issuance or renewal of a driver's license or instruction permit pursuant to section 286-109(c);
(6) To issue penal summonses and bench
warrants and initiate contempt of court proceedings in proceedings conducted
pursuant to section [291D-13;] -13;
(7) To issue penal summonses and bench
warrants and initiate failure to appear proceedings in proceedings conducted
pursuant to section [291D-5(d)(10);] ‑6(d)(10);
and
(8) To exercise other powers the court finds necessary and appropriate to carry out the purposes of this chapter.
(b) A district court judge sitting in the [traffic
and emergency period] adjudication of infractions division and
hearing cases pursuant to this chapter shall not order the director of finance
to withhold issuing or renewing the driver's license, or registering, renewing
the registration of, or issuing the title to a motor vehicle, of any person who
has not paid a monetary assessment, has not performed community service in lieu
thereof, or has not otherwise satisfied a judgment for the State entered
pursuant to this chapter.
[§291D-13] § -13
Trial and concurrent trial. (a)
There shall be no right to trial unless the defendant contests the
notice of [traffic infraction or notice of emergency period] qualified
infraction pursuant to section [291D-8.] -9. If, after proceedings to contest the notice
of [traffic infraction or emergency period] qualified infraction,
a determination is made that the defendant committed the [traffic infraction
or emergency period] qualified infraction, judgment shall enter in
favor of the State. The defendant may
request a trial pursuant to the Hawaii rules of evidence and the rules of the
district court; provided that any request for trial shall be made within thirty
days of entry of judgment. If, after
appearing in person at a hearing to contest the notice of [traffic
infraction or notice of emergency period] qualified infraction, the
person requests a trial at the conclusion of the hearing, the court shall
provide the person with the trial date as soon as practicable.
(b) At the time of trial, the State shall be
represented by a prosecuting attorney of the county in which the infraction
occurred. The prosecuting attorney shall
orally recite the charged civil [traffic infraction or emergency period]
qualified infraction in court before commencement of the trial. Proof of the defendant's commission of the [traffic
infraction or emergency period] qualified infraction shall be by a
preponderance of the evidence.
(c) If trial on the [traffic infraction or
emergency period] qualified infraction is held before trial on any
related criminal offense, the following shall be inadmissible in the subsequent
prosecution or trial of the related criminal offense:
(1) Any written or oral statement made by
the defendant in proceedings conducted pursuant to section [291D-7(b);] -8(b);
and
(2) Any testimony given by the defendant in
the [traffic infraction or emergency period] qualified infraction
trial.
The statement or testimony, or both, shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense.
(d) In any concurrent trial, the State shall be represented by a prosecuting attorney of the county in which the infraction and related crime occurred. Proof of the defendant's commission of the infraction shall be by a preponderance of the evidence, and proof of the related criminal offense shall be by proof beyond a reasonable doubt. The concurrent trial shall be conducted pursuant to the rules of the appropriate court, the Hawaii rules of evidence, and the Hawaii rules of penal procedure.
[§291D-14] § -14 Rules.
(a) The supreme court may adopt
rules of procedure for the conduct of all proceedings pursuant to this chapter.
(b) Chapter 626 shall not apply in proceedings
conducted pursuant to this chapter, except for the rules governing privileged
communications, and proceedings conducted under section [291D-13.] -13.
(c) Notwithstanding section 604-17, while the
court is sitting in any matter pursuant to this chapter, the court shall not be
required to preserve the testimony or proceedings, except proceedings conducted
pursuant to section [291D-13] -13 and
proceedings in which the [traffic infraction or emergency period] qualified
infraction is heard on the same date and time as any related criminal offense.
(d) The prosecuting attorney shall not
participate in [traffic infraction or emergency period] qualified
infraction proceedings conducted pursuant to this chapter, except proceedings
pursuant to section [291D-13] -13 and
proceedings in which a related criminal offense is scheduled for arraignment,
hearing, or concurrent trial.
(e) Chapter 91 shall not apply in proceedings before the court.
(f) Except as otherwise provided in section [291D-3,]
‑3, chapter 571 and the Hawaii family court
rules shall not apply in any proceedings conducted pursuant to this chapter."
SECTION 18. Section 291J-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§291J-2[]] Photo red light imaging detector systems program;
established. There [is] shall be
established the photo red light imaging detector systems program to enforce the
traffic-control signal laws of the State, which may be implemented by the State
or any county following completion of a pilot program in the city and county of
Honolulu, on any state or county highways within the respective county. Nothing in this chapter shall be deemed to
supersede or override any provision of chapter [291D.] ."
SECTION 19. Section 291J-6, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:
"(e) Upon receipt of the summons or citation,
the registered owner shall answer as provided for in section [291D-6.] -7. A record of the mailing of the summons or
citations prepared in the ordinary course of business [is] shall be
prima facie evidence of notification.
The registered owner shall be determined by the identification of the
motor vehicle license plate.
(f) Procedures regarding answering, court
hearings, and court actions shall be pursuant to sections [291D-6, 291D-7,
291D-8, and 291D-13;] -7, -8,
-9, and -13; provided that it shall not
be a defense of any citation issued under this chapter that another person was
driving the defendant's motor vehicle at the time of incident, unless the motor
vehicle was stolen as documented by a police report; provided further that any
reference to the defendant's commission of the traffic infraction or similar language
shall be interpreted to mean commission of the traffic infraction."
SECTION 20. Section 291J-8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§291J-8[]] Failure
to comply with summons or citation. If the registered owner of the motor vehicle
does not return an answer in response to a summons or citation within a period
of thirty days from the date of the mailing of the summons or citation, the
district court shall issue, pursuant to section [291D-7(e),] -8(e),
a notice of entry of judgment of default to the registered owner of the motor vehicle."
SECTION 21. Section 304A-2602, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-2602[]] Fines and other penalties. The board of regents may enforce its rules by
imposing fines not to exceed $100 per violation, or by removing the vehicle of
the offender from the area within the university's jurisdiction, or both;
provided that a person violating any provision of part III of chapter 291, or
any rule adopted thereunder, shall be guilty of a traffic infraction under
chapter [291D] and shall be fined or otherwise
penalized in accordance with part III of chapter 291. The owner of any vehicle so towed away shall
be responsible for and pay all costs incurred in the towing and storage. Any vehicle towed away and unclaimed thirty
days thereafter shall be sold at public auction by the university. The university shall pay all costs of towing
and storage and other costs connected with the sale out of the university
parking revolving fund established under section [[]304A-2275[]]. The fund shall be reimbursed for the costs
from the proceeds of the sale, and the remaining balance, if any, shall be paid
to the owner of the vehicle; provided that if the proceeds of the sale are not
claimed by the owner of the vehicle within sixty days after notice, the
proceeds shall be deposited in the university parking revolving fund."
SECTION 22. Section 431:10C-117, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)(1) Any person subject to this article in
the capacity of the operator, owner, or registrant of a motor vehicle operated
in this State, or registered in this State, who violates any applicable
provision of this article, shall be subject to citation for the violation by
any county police department in a form and manner approved by the [traffic
and emergency period violations] adjudication of infractions bureau
of the district court of the first circuit;
(2) Notwithstanding any provision of the Hawaii Penal Code:
(A) Each violation shall be deemed a separate offense and shall be subject to a fine of no less than $100 nor more than $5,000 which shall not be suspended except as provided in subparagraph (B); and
(B) If the person is convicted of not having had a motor vehicle insurance policy in effect at the time the citation was issued, the fine shall be $500 for the first offense and a minimum of $1,500 for each subsequent offense that occurs within a five-year period from any prior offense; provided that the court:
(i) Shall have the discretion to suspend all or any portion of the fine if the defendant provides proof of having a current motor vehicle insurance policy; provided further that upon the defendant's request, the court may grant community service in lieu of the fine, of no less than seventy-five hours and no more than one hundred hours for the first offense, and no less than two hundred hours nor more than two hundred seventy-five hours for the second offense; and
(ii) May grant community service in lieu of the fine for subsequent offenses at the court's discretion;
(3) In addition to the fine in paragraph (2), the court shall either:
(A) Suspend the driver's license of the driver or of the registered owner for:
(i) Three months for the first conviction; and
(ii) One year for any subsequent offense within a five-year period from a previous offense;
provided that the driver or the registered owner shall not be required to obtain proof of financial responsibility pursuant to section 287‑20; or
(B) Require the driver or the registered owner to keep a nonrefundable motor vehicle insurance policy in force for six months;
(4) Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service;
(5) Any person cited under this section
shall have an opportunity to present a good faith defense, including lack of
knowledge or proof of insurance; provided that the general penalty provision of
this section shall not apply to[:] any operator of:
(A) [Any operator of a] A motor vehicle owned by another
person if the operator's own insurance covers [such] the driving;
(B) [Any operator of a] A
motor vehicle owned by that person's employer during the normal scope of that
person's employment; or
(C) [Any operator of a] A
borrowed motor vehicle if the operator holds a reasonable belief that the
subject vehicle is insured;
(6) In the case of multiple convictions for driving without a valid motor vehicle insurance policy within a five-year period from any prior offense, the court, in addition to any other penalty, shall impose the following penalties:
(A) Imprisonment of no more than thirty days;
(B) Suspension or revocation of the motor vehicle registration plates of the vehicle involved;
(C) Impoundment, or impoundment and sale, of the motor vehicle for the costs of storage and other charges incident to seizure of the vehicle, or any other cost involved pursuant to section 431:10C-301; or
(D) Any combination of those penalties; and
(7) Any violation as provided in paragraph
(2)(B) shall not be deemed to be a traffic infraction as defined by chapter [291D.]
."
SECTION 23. Section 437D-17.5, Hawaii Revised Statutes, is amended to read as follows:
"§437D-17.5 Rental
agreements; unpaid traffic infractions.
Pursuant to section [291D-3.5,] -4, or
other sections of the law and except for summons, citations, or violations
relating to the care and maintenance of a rental motor vehicle, the lessor, as
the registered owner of the rental motor vehicle, may be responsible for fines,
costs, penalties, fees, or other charges related to traffic infractions of a
motor vehicle while being leased or rented to a lessee. The lessor may adopt a policy of charging the
lessee the actual amount paid for the traffic infractions to the court or other
state government agency or county government plus an administrative fee not to
exceed out-of-pocket expenses documented by receipts plus up to four hours of
work multiplied by Hawaii's prevailing minimum wage relating to research of
files and communications with the court, county government, or
governmental agencies and lessee; provided that every rental agreement of a
lessor adopting the policy [must] shall disclose, at a minimum,
in plain language and in at least ten-point bold typeface print:
(1) The maximum estimated amount of the administrative fee to be charged; and
(2) Language encouraging the lessee to pay directly to the court, county government, or other appropriate government agency the applicable fines, costs, monetary assessments, penalties, fees, surcharges, or other charges."
SECTION 24. Section 571-41, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) The judge, or the senior judge if there is
more than one, may by order confer concurrent jurisdiction on a district court
created under chapter 604 to hear and dispose of cases of violation of traffic
laws[,] or ordinances, noise control ordinances, or emergency
period rules by children, provision to the contrary in section 571-11 or
elsewhere notwithstanding. The exercise
of jurisdiction over children by district courts shall, nevertheless, be
considered noncriminal in procedure and result in the same manner as though the
matter had been adjudicated and disposed of by a family court."
SECTION 25. Sections 286-245, 287-3, and 291C-225, Hawaii Revised Statutes, are amended by substituting the phrase "adjudication of infractions bureau", or similar phrase, wherever the phrase "traffic and emergency period violations bureau", or similar phrase, appears, as the context requires.
SECTION 26. In renumbering chapter 291D, Hawaii Revised Statutes, pursuant to section 17 of this Act, the revisor of statutes shall place the chapter in a more appropriate division or title of the Hawaii Revised Statutes.
SECTION 28. This Act shall take effect on June 30, 3000.
Report Title:
Honolulu Prosecuting Attorney Package; Noise Pollution; County Ordinances; Civil Penalties
Description:
Allows for noise control infractions to be processed under the traffic and emergency period infractions adjudication process. Grants the district court concurrent jurisdiction over noise control infractions committed by minors. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
