Bill Text: HI SB2650 | 2016 | Regular Session | Introduced
Bill Title: Uncontested Traffic Fines; Transfer to Counties
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2016-02-02 - Re-Referred to TRE/PSM, WAM/JDL. [SB2650 Detail]
Download: Hawaii-2016-SB2650-Introduced.html
|
THE SENATE |
S.B. NO. |
2650 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to UNCONTESTED traffic fines.
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 . Uncontested Traffic Infractions; transmittal of traffic fines 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 notified under section 291D-5 does not contest the infraction. A person "does not contest" an infraction if, in accordance with section 291D-6(b)(4), the person admits the commission of the infraction without requesting a hearing to explain mitigating circumstances and pays the fine by mail within thirty days of the date of the infraction.
§291C-B Transmittal of fines from July 1, 2016. (a) Beginning July 1, 2016, the director of finance shall transmit to each county, not more than thirty days after the end of each fiscal quarter, all the fines 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 shall be directed to the law enforcement agency in the county in which the citations were issued.
(b) This section shall not apply to:
(1) Fines for violations that occur on off-street parking facilities, parks, airports, and harbors that are subject to enforcement by the State; and
(2) Fines for violations that are required by law to be paid into a special, revolving, or trust fund of the State.
No county shall be entitled to any portion of the fines 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[.]; provided that the
judiciary shall identify those fines paid for uncontested traffic infractions
as defined in section 291C-A and the disposition of those fines shall be paid
to the director of finance and subject to section 291C-B."
SECTION 3. Section 291D-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Provided that the notice of traffic
infraction does not require an appearance in person at [[]a[]] hearing
as set forth in section [[]291D-5(d)(10)[]], in answering a
notice of traffic 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 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. 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. 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 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, which
shall be considered by the court as a statement given in court pursuant to
section 291D-8(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 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)[.]; or
(4) Admit the commission of the infraction but without requesting a hearing under paragraph (3), in which case the infraction shall be deemed uncontested; provided that fines paid shall be transmitted to the counties as provided in part of chapter 291C."
SECTION 4. 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 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, 2016.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Report Title:
Uncontested Traffic Fines; Transfer to Counties
Description:
Transfers fines collected for uncontested traffic infractions to the counties. Defines uncontested traffic infractions.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
