REPORT TITLE:
Transportation; Special Fund

DESCRIPTION:
Transfers a blank percentage of certain fines and forfeitures
collected by the State to the transportation needs special fund.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.114        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO TRANSPORTATION.



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

 1      SECTION 1.  Chapter 142, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to part IV to be appropriately designated
 
 3 and to read as follows:
 
 4      "§142-    Fines and forfeitures.  A            per cent of
 
 5 all fines and forfeitures imposed under this part, part II, and
 
 6 part III that are not deposited directly into a county fund or
 
 7 used to pay county expenses shall be deposited with the director
 
 8 of finance pursuant to section 706-643."
 
 9      SECTION 2.  Chapter 291A, Hawaii Revised Statutes, is
 
10 amended by adding a new section to be appropriately designated
 
11 and to read as follows:
 
12      "§291A-    Disposition of fines and forfeitures.  A
 
13            per cent of all fines or forfeitures collected
 
14 pursuant to this chapter shall be deposited into the
 
15 transportation needs special fund under section    -  ."
 
16      SECTION 3.  Chapter 291C, Hawaii Revised Statutes, is
 
17 amended by adding a new section to be appropriately designated
 
18 and to read as follows:
 
19      "§291C-    Transmittal of fines and forfeitures.  (a)  For
 

 
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 1 the purposes of this section, "violation" means an infraction or
 
 2 violation of any state law or county ordinance relating to motor
 
 3 and other vehicles, including, but not limited to, highway
 
 4 safety, vehicle equipment safety, driver licensing, motor vehicle
 
 5 safety responsibility, used motor vehicle parts and accessories,
 
 6 abandoned vehicles, and bicycles; traffic violations; and
 
 7 violations of the statewide traffic code.
 
 8      (b)  The director of finance shall transfer to the
 
 9 transportation needs special fund under section    -  , not more
 
10 than thirty days after the end of each fiscal quarter,           
 
11 per cent of the fines and forfeitures collected for convictions
 
12 of, or forfeitures of bail by, persons charged with violations.
 
13      (c)  This section shall not apply to fines and forfeitures
 
14 from violations that occur in state off-street parking
 
15 facilities, parks, airports, and harbors that are subject to
 
16 enforcement by state personnel."
 
17      SECTION 4.  Title 15, Hawaii Revised Statutes, is amended by
 
18 adding a new section to be appropriately designated and to read
 
19 as follows:
 
20      "§   -    Transportation needs special fund.  There is
 
21 established within the state treasury a special fund to be known
 
22 as the transportation needs special fund.  The fund shall be
 

 
 
 
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 1 administered and expended by the department of transportation.
 
 2 Moneys in the fund shall be used to address transportation
 
 3 problems as identified by the director of transportation pursuant
 
 4 to rules adopted under chapter 91.  The fund shall consist of
 
 5 moneys collected pursuant to sections 239-10, 291A-  , 291C-  ,
 
 6 and 706-643.  All unexpended and unencumbered moneys remaining in
 
 7 the transportation needs special fund at the close of each fiscal
 
 8 year which are deemed, by the director of transportation, to be
 
 9 in excess of the moneys necessary to carry out the purposes of
 
10 this section over the following fiscal year shall lapse to the
 
11 credit of the general fund."
 
12      SECTION 5.  Section 143-19, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§143-19  Penalty.  (a)  Any person violating any of the
 
15 provisions of this chapter for which no special penalty is
 
16 provided shall be fined not more than $50.
 
17      (b)  A            per cent of all fines and forfeitures
 
18 collected under this chapter that are not deposited directly into
 
19 a county fund shall be deposited with the director of finance
 
20 pursuant to section 706-643; except that the fines collected
 
21 under section 143-8 shall be paid as provided under that
 
22 section."
 

 
 
 
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 1      SECTION 6.  Section 239-10, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§239-10  Disposition of revenues.  (a)  All taxes collected
 
 4 under this chapter shall be state realizations.
 
 5      (b)  A            per cent of all moneys collected from the
 
 6 tax under this chapter shall be transferred quarterly to the
 
 7 transportation needs special fund under section    -   within
 
 8 forty-five days after the close of each fiscal quarter."
 
 9      SECTION 7.  Section 291C-111, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a)  With respect to highways under their respective
 
12 jurisdictions, the director of transportation is authorized to,
 
13 and the counties by ordinance may, prohibit or restrict the
 
14 stopping, standing, or parking of vehicles where the stopping,
 
15 standing, or parking is dangerous to those persons using the
 
16 highway, or where the stopping, standing, or parking of vehicles
 
17 would interfere unduly with the free movement of traffic;
 
18 provided that the violation of any law or [any] ordinance,
 
19 regardless of whether established under this or any other
 
20 section, prohibiting or restricting the stopping, standing, or
 
21 parking of vehicles, shall constitute a traffic infraction.  The
 
22 counties shall not provide any other penalty, civil or criminal,
 

 
 
 
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 1 or any other charge, in the form of rental or otherwise, in place
 
 2 of, or in addition to, the fine to be imposed by the district
 
 3 court for any violation of any ordinance prohibiting or
 
 4 restricting the stopping, standing, or parking of vehicles.
 
 5      This section shall not be construed [as prohibiting the
 
 6 authority of] to prohibit the director of transportation or the
 
 7 counties [to allow] from allowing the stopping, standing, or
 
 8 parking of motor vehicles at a "T-shaped" intersection on
 
 9 highways under their respective jurisdictions[; provided that
 
10 such] if the stopping, standing, or parking of motor vehicles is
 
11 not dangerous to those persons using the highway, or [where] if
 
12 the stopping, standing, or parking of motor vehicles [would] will
 
13 not unduly interfere with the free movement of traffic.
 
14      The appropriate police department, and county or prosecuting
 
15 attorney of the various counties, shall enforce any law or
 
16 ordinance prohibiting or restricting the stopping, standing, or
 
17 parking of vehicles, including, but not limited to, the issuance
 
18 of parking tickets.  Any person committing a violation of any law
 
19 or ordinance, regardless of whether established under this or any
 
20 other section, prohibiting or restricting the stopping, standing,
 
21 or parking of vehicles, shall be subject to a fine to be enforced
 
22 and collected by the district courts of [this] the State, and to
 

 
 
 
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 1 be [deposited into the state general fund for State use.] paid to
 
 2 the director of finance."
 
 3      SECTION 8.  Section 291C-171, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§291C-171  Disposition of fines and forfeitures.  All fines
 
 6 and forfeitures collected upon conviction of or [upon the]
 
 7 forfeiture of bail [of] by any person charged with [a violation
 
 8 of] violating any section or provision of the state traffic laws
 
 9 and all assessments collected relating to the commission of
 
10 traffic infractions shall be paid to the state director of
 
11 finance [of the State].  The disposition of fines and forfeitures
 
12 paid to the director of finance shall be subject to section
 
13 291C-  ."
 
14      SECTION 9.  Section 706-643, Hawaii Revised Statutes, is
 
15 amended by amending subsection (2) to read as follows:
 
16      "(2)  All fines and other final payments received by a clerk
 
17 or other officer of a court shall be accounted for, with the
 
18 names of persons making payment, the reason for the payment, and
 
19 the amount and date thereof[,] being recorded.  All [such] funds
 
20 shall be deposited with the director of finance to the credit of
 
21 the general fund of the State[.]; provided that prior to deposit
 
22 into the general fund, the director of finance shall transfer to
 

 
 
 
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 1 the transportation needs special fund under section    -  ,
 
 2            per cent of all revenues collected from traffic and
 
 3 animal control violations during the preceding fiscal year by any
 
 4 district court involving traffic or animal violations.  The
 
 5 director of finance shall make such transfer on or before
 
 6 September 15 of each year.  With respect to fines and bail
 
 7 forfeitures [which] that are proceeds of the wildlife revolving
 
 8 fund under section 183D-10.5, the director of finance shall
 
 9 transmit the fines and forfeitures to that fund."
 
10      SECTION 10.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 11.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY: ________________________
 
15 1