REPORT TITLE:
Red light/Speed Imaging


DESCRIPTION:
Extends length of the three-year photo red light imaging and
photo speed imaging detector demonstration project for two more
years.  Allows the use of photo technology systems to identify
drivers in violation of designated uses of high occupancy vehicle
lanes.  Authorizes the department of transportation to retain and
pay contractors for the project.  Establishes the traffic
enforcement demonstration project.  Appropriates funds.  Makes
other housekeeping changes.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                     
                                                        1759
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO TRAFFIC ENFORCEMENT.



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

 1      SECTION 1.  Staff turnover and unanticipated problems caused
 
 2 by the wording of enabling legislation have delayed
 
 3 implementation of the three-year traffic enforcement
 
 4 demonstration project authorized by Act 234, Session Laws of
 
 5 Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999.
 
 6 Act 234, which established the demonstration project, took effect
 
 7 on July 1, 1998, and is scheduled to end on July 1, 2001.  The
 
 8 purpose of this Act is to extend the demonstration project until
 
 9 July 1, 2003, authorize the department of transportation to
 
10 retain and pay contractors for the project, and make other
 
11 required changes to the enabling legislation.
 
12      SECTION 2.  Section 286-45, Hawaii Revised Statutes, is
 
13 amended by amending subsection (b) to read as follows:
 
14      "(b)  Any private contractor that has entered into a
 
15 contract with [a county] the department to implement the traffic
 
16 enforcement demonstration project pursuant to section 5 et seq.
 
17 of Act 234, Session Laws of Hawaii 1998, may obtain from [the]
 
18 any county finance director the names and addresses of registered
 
19 motor vehicle owners, which shall be used only as is necessary to
 

 
Page 2                                                     1759
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 1 carry out the provisions of the contract and the purposes of that
 
 2 Act and may not otherwise be publicly disclosed."
 
 3      SECTION 3.  Section 286-172, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  Subject to authorization granted by the chief justice
 
 6 with respect to the traffic records of the violations bureaus of
 
 7 the district courts and of the circuit courts, the director of
 
 8 transportation shall furnish information contained in the
 
 9 statewide traffic records system in response to:
 
10      (1)  Any request from a state, a political subdivision of a
 
11           state, or a federal department or agency, or any other
 
12           authorized person pursuant to rules adopted by the
 
13           director of transportation under chapter 91;
 
14      (2)  Any request from a person having a legitimate reason,
 
15           as determined by the director, as provided under the
 
16           rules adopted by the director under paragraph (1), to
 
17           obtain the information for verification of vehicle
 
18           ownership, traffic safety programs, or for research or
 
19           statistical reports;
 
20      (3)  Any request from a person required or authorized by law
 
21           to give written notice by mail to owners of vehicles;
 
22           or
 

 
 
 
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 1      (4)  Any request from a private contractor that has entered
 
 2           into a contract with [a county as may be necessary] the
 
 3           department to implement the traffic enforcement
 
 4           demonstration project pursuant to section 5 et seq. of
 
 5           Act 234, Session Laws of Hawaii 1998[.  The private
 
 6           contractor may obtain from the director of
 
 7           transportation the]; provided that names and addresses
 
 8           of registered motor vehicle owners[, which] shall be
 
 9           used only as is necessary to carry out the provisions
 
10           of the contract and the purposes of that Act and may
 
11           not otherwise be publicly disclosed."
 
12      SECTION 4.  Section 291C-165, Hawaii Revised Statutes, is
 
13 amended by amending subsection (b) to read as follows:
 
14      "(b)  In every case when a citation is issued, the original
 
15 of the citation shall be given to the violator; provided that:
 
16      (1)  In the case of an unattended vehicle, the original of
 
17           the citation shall be affixed to the vehicle as
 
18           provided for in section 291C-167; or
 
19      (2)  In the case of:
 
20           (A)  A vehicle utilizing the high occupancy vehicle
 
21                lane illegally; or
 
22           (B)  A traffic or other violation on a controlled
 

 
 
 
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 1                access facility that is recorded through the use
 
 2                of a hand-held or mounted video camera,
 
 3                conventional camera, or digital camera that
 
 4                produces photographic identification of a vehicle,
 
 5           the original of the citation [shall] may be sent [by
 
 6           certified or registered mail, with a return receipt
 
 7           that is postmarked within forty-eight hours of the time
 
 8           of the incident,] within three days of the date of the
 
 9           incident by certified mail, registered mail, or first
 
10           class mail with a certificate of mailing obtained as
 
11           evidence of service to the registered owner of the
 
12           vehicle at the address on record at the vehicle
 
13           licensing division [as provided in section 291C-223.
 
14           If the end of the forty-eight hour period falls on a
 
15           Saturday, Sunday, or holiday, then the ending period
 
16           shall run until the end of the next day which is not a
 
17           Saturday, Sunday, or holiday]; provided that days when
 
18           the post office is not open to the public shall not be
 
19           included in the calculation of the three days; provided
 
20           further that the administrative judge of the district
 
21           courts may allow a [carbon] copy of the citation to be
 
22           given to the violator or affixed to the vehicle and
 

 
 
 
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 1           provide for the disposition of the original and any
 
 2           other copies of the citation."
 
 3      SECTION 5.  Section 291C-223, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[[]§291C-223[]]  Summons or citation for illegal use of
 
 6 high occupancy vehicle lane.  Whenever any motor vehicle is
 
 7 observed operating in a high occupancy vehicle lane without the
 
 8 prescribed number of passengers, the officer observing the
 
 9 vehicle shall[:
 
10      (1)  Cause] cause a summons or citation [as described in
 
11           section 291C-165] to be issued at the scene of the
 
12           violation to the operator of the vehicle[;] or
 
13     [(2)  Make every reasonable effort to be seen by the operator
 
14           of the vehicle and record evidence of the violation by
 
15           taking any information displayed on the vehicle that
 
16           may identify its] be sent by mail to the registered
 
17           owner [and cause a summons or citation] of the vehicle
 
18           as described in section 291C-165 [to be sent by
 
19           certified or registered mail, with a return receipt
 
20           that is postmarked within forty-eight hours of the time
 
21           of the incident, to the registered owner of the vehicle
 
22           at the address on record at the vehicle licensing
 

 
 
 
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 1           division.  If the end of the forty-eight hour period
 
 2           falls on a Saturday, Sunday, or holiday, then the
 
 3           ending period shall run until the end of the next day
 
 4           which is not a Saturday, Sunday, or holiday. Upon
 
 5           receipt, the registered owner shall be given fourteen
 
 6           days to respond to the summons or citation by:
 
 7           (A)  Paying a fine by mail; or
 
 8           (B)  Requesting a hearing be set on the matter.
 
 9           A mail receipt signed by the registered owner is prima
 
10           facie evidence of notification]."
 
11      SECTION 6.  Act 234, Session Laws of Hawaii 1998, is amended
 
12 by amending section 1 to read as follows:
 
13      "SECTION 1.  The legislature finds that traffic violations
 
14 in Hawaii, especially on the island of Oahu, have become
 
15 intolerable, particularly the offenses of speeding and running
 
16 red lights.  Both of these violations endanger the lives of
 
17 residents and compound the already hazardous conditions for both
 
18 pedestrians and motorists on Hawaii's roads and highways.  News
 
19 items are increasingly common that describe hit-and-run drivers
 
20 who have run over small children or the elderly, both inside and
 
21 outside crosswalks, who may not be able to react quickly enough
 
22 to a racing drunk driver or someone speeding through an
 

 
 
 
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                                     H.B. NO.           H.D. 2
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 1 intersection after the light has already turned red.
 
 2      The legislature further finds that two recent technological
 
 3 innovations that address the hazards caused by speeding and
 
 4 disregarding red lights have already been in place and
 
 5 demonstrated their reliability and effectiveness in other
 
 6 jurisdictions--namely, photo speed imaging detector and photo red
 
 7 light imaging systems.  The legislature finds that these
 
 8 innovations--both of which are completely automated--are
 
 9 appropriate for Hawaii's increasingly deteriorating traffic
 
10 conditions, and are capable of safely and efficiently diffusing
 
11 dangerous traffic control problems while at the same time freeing
 
12 up police officers to handle more pressing problems.
 
13      The photo speed imaging detector system is a unit that
 
14 mounts in a [sport utility] vehicle or [van] on a pole or bridge
 
15 that detects, photographs, and records information on speeders.
 
16 [A vehicle with the speed detector unit is parked at the roadside
 
17 and monitors the speeds of passing motorists, and is linked to a
 
18 controlled console with a central processor and speed display.]
 
19 When a vehicle exceeding a preset threshold speed enters the beam
 
20 of the unit's speed detector, a high resolution camera
 
21 photographs the [front of the] vehicle, capturing the [front]
 
22 license plate[, while a second camera photographs the rear of the
 

 
 
 
Page 8                                                     1759
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        

 
 1 vehicle.  The scene is lit by a powerful strobe flash for] and
 
 2 providing evidentiary quality images.  Tickets are [processed
 
 3 automatically, so there is no need for an officer to make a stop
 
 4 and issue a ticket.  In addition, since the violator's face and
 
 5 license plate are on record, compliance rates are considerably
 
 6 higher than with officer-generated tickets.
 
 7      The legislature finds that a photo speed imaging detector
 
 8 system is safe, quick, cost-effective, and efficient.] generated
 
 9 and mailed to the registered vehicle owner without need for a
 
10 police officer to stop a speeding vehicle and issue a ticket to
 
11 the driver.  With no stop involved, [the] no police officer is
 
12 [not] at risk from passing traffic or armed violators.  Moreover,
 
13 while a motivated [traffic] police officer may average fifteen or
 
14 twenty speeding tickets per shift, the photo speed imaging
 
15 detector system can [write] generate two speeding tickets per
 
16 second.
 
17      The photo speed imaging detector system [is essentially] can
 
18 be a turnkey operation; all of the equipment, [including a fully-
 
19 outfitted police vehicle, speed detector systems, printer, film
 
20 or image processing,] and all supplies, as well as [officer]
 
21 training, [are] can be provided by a private company.  The
 
22 private company [identifies] can use pictures of license plates
 

 
 
 
Page 9                                                     1759
                                     H.B. NO.           H.D. 2
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 1 to identify vehicle owners, print[s] and mail[s] tickets,
 
 2 monitor[s] compliance, and make[s] regular status reports[.  The
 
 3 company also charges] in exchange for a small fee per paid
 
 4 ticket[, while the violator pays for everything else].
 
 5      In addition, only one police officer using the photo speed
 
 6 imaging detector system can be as productive, if only in terms of
 
 7 numbers of traffic tickets issued, as an entire traffic division.
 
 8 Officers can be assigned higher priority duties, while the system
 
 9 handles speed enforcement.  Finally, these systems have proven
 
10 their reliability for over twenty years in police departments in
 
11 countries around the world.
 
12      The second major innovation is the photo red light imaging
 
13 system.  In this system, a camera is positioned at
 
14 [intersections] an intersection where red light violations are [a
 
15 major cause of collisions.] common.  Rather than placing an
 
16 officer at the intersection full-time, the red light camera
 
17 serves as a twenty-four hour deterrent to running a red light.
 
18 [Sensors are buried under a crosswalk leading] Buried vehicle
 
19 sensors are connected to traffic signals and to a self-contained
 
20 camera system that is mounted on a nearby pole.  When a vehicle
 
21 enters the intersection against a red light, the camera takes a
 
22 telephoto color picture of the [rear of the] car as it rolls over
 

 
 
 
Page 10                                                    1759
                                     H.B. NO.           H.D. 2
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 1 the stop bar, capturing the [rear] license plate as evidence.  A
 
 2 second wide-angle photograph takes in the entire intersection,
 
 3 including other traffic.
 
 4      A sign may be posted at the intersection indicating that it
 
 5 is a photo-monitored intersection; however, the camera can be
 
 6 moved to different poles or intersections that are equipped to
 
 7 hold the camera, so that motorists do not know when they are
 
 8 being photographed.  As with the photo speed imaging detector
 
 9 system, the private company that supplies the photo red light
 
10 [camera] imaging system also processes [the film,] pictures,
 
11 accesses motor vehicle records, checks the pictures of license
 
12 [plate] plates against registration records, and mails out
 
13 citations.
 
14      The legislature finds that the photo red light imaging
 
15 system, like the photo speed imaging detector system, [also] has
 
16 numerous benefits.  As with the photo speed imaging detector
 
17 system, not only are streets safer after the implementation of
 
18 the system, but police officers are freed from time-consuming
 
19 traffic stops and have more time to make priority calls.  A
 
20 violator is less likely to [go to court,] contest tickets since
 
21 the color photograph of the violation in progress, with
 
22 appropriate information imprinted, can be used as evidence in
 

 
 
 
Page 11                                                    1759
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 1 court. [Imprinted on the photograph are the time, date, and
 
 2 location of the violation; the number of seconds the light had
 
 3 been red before the violator entered the intersection; and the
 
 4 violator's speed.]  Few cases are contested in other
 
 5 jurisdictions using this system, and police officers make fewer
 
 6 court appearances, resulting in cost savings.
 
 7      The legislature realizes that Hawaii's prior conversion to
 
 8 administrative adjudication of traffic offenses has eliminated
 
 9 the need for police officers to testify in most cases.  However,
 
10 to the extent that fewer citations are actually contested, cost
 
11 savings will be realized and contested cases will receive a
 
12 faster hearing.  More importantly, [compliance with traffic laws
 
13 has generally increased in those jurisdictions;] installation of
 
14 this type of system has had an immediate effect on the behavior
 
15 of drivers and has nearly eliminated violations in other
 
16 jurisdictions.
 
17      The legislature finds that the implementation of both photo
 
18 speed imaging detector and photo red light imaging systems will
 
19 result in an increase in driver awareness, leading to a reduction
 
20 in [traffic speeds] speeding and red light violations, and [may
 
21 also result in lower insurance costs for safe drivers with] an
 
22 overall reduction in crashes and injuries.  A reduction in
 

 
 
 
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 1 crashes and injuries in turn will result in lower costs for auto
 
 2 insurance, workers' compensation, and public assistance.
 
 3 Moreover, [these programs place the cost of the programs on the
 
 4 violators, not the taxpayers.  Traffic] with use of photo speed
 
 5 imaging detector and photo red light imaging systems, traffic
 
 6 laws [are] will be enforced without discrimination, and safety
 
 7 and efficiency [are] will be increased by reducing the number of
 
 8 high-speed chases and the number of personnel required for
 
 9 traffic accident clean-up, investigation, and court testimony.
 
10      In addition, the legislature finds that there is a need to
 
11 exempt contracts entered into with the private [company]
 
12 companies that [is to] supply the photo speed imaging detector
 
13 and photo red light imaging systems from the civil service,
 
14 compensation, and collective bargaining laws.  In Konno v. County
 
15 of Hawaii, 85 Haw. 61, 937 P.2d 397 (1997), the Hawaii Supreme
 
16 Court adopted the "nature of the services" test, holding that the
 
17 protection of the civil service laws extends to those services
 
18 that have been "customarily and historically" provided by civil
 
19 servants.  Because police officers may be held to be customarily
 
20 and historically responsible for issuing tickets to speeding
 
21 motorists and other functions that may now be contracted out to a
 
22 private entity, there is a need to specifically exempt any such
 

 
 
 
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 1 contracts from the civil service and compensation laws so that
 
 2 those contracts are not voided by Konno.  Although the Konno
 
 3 opinion did not reach the decision whether privatization is
 
 4 subject to mandatory collective bargaining, this Act also exempts
 
 5 contracts entered into with a private entity from collective
 
 6 bargaining laws as well, to ensure that these contracts are not
 
 7 subsequently voided for failure to comply with those laws as a
 
 8 result of a subsequent court interpretation.
 
 9      Finally, the legislature finds that [speeding--whether on a
 
10 highway or through a red light--frequently causes injury and
 
11 death.  When] when speeding occurs, [the] accidents [involved]
 
12 are almost always more serious.  Photo speed imaging detector and
 
13 photo red light imaging systems have been proven in many
 
14 locations throughout the United States, Canada, Europe, and
 
15 numerous other countries around the world as deterrents to red
 
16 light traffic violations and speeding and, consequently, injuries
 
17 and death.  The legislature finds that there is an immediate need
 
18 to remedy the steadily worsening traffic conditions in Hawaii,
 
19 and that the implementation of photo speed imaging detector and
 
20 photo red light imaging systems will help to protect the health,
 
21 safety, and welfare of the people of this State, while at the
 
22 same time offering substantial cost savings and increased
 

 
 
 
Page 14                                                    1759
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 1 revenues.
 
 2      The purpose of this Act is to:
 
 3      (1)  Establish a [three-year] demonstration project in
 
 4           selected areas on state or county highways [in each of
 
 5           the counties] to provide for the implementation of
 
 6           photo speed imaging detector and photo red light
 
 7           imaging systems to improve traffic enforcement; and
 
 8      (2)  Allow the [county] department of transportation to
 
 9           contract with [an] appropriate [provider] providers of
 
10           these systems pursuant to the public procurement laws
 
11           while:
 
12           (A)  Exempting such contracts from civil service,
 
13                compensation, and collective bargaining laws;
 
14           (B)  Permitting the contractor to have access to
 
15                information as set forth in this Act; and
 
16           (C)  Allowing the contractor to issue citations or
 
17                summonses by mail."
 
18      SECTION 7.  Act 234, Session Laws of Hawaii 1998, section 5,
 
19 is amended by amending the definitions of "photo speed imaging
 
20 detector" and "photo red light imaging" to read as follows:
 
21      ""Photo speed imaging detector" means a device used for
 
22 traffic enforcement consisting substantially of a speed
 

 
 
 
Page 15                                                    1759
                                     H.B. NO.           H.D. 2
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 1 [reduction] measurement unit and a video, conventional, or
 
 2 digital camera [mounted in or on a vehicle] that automatically
 
 3 produces photographic identification of a vehicle traveling in
 
 4 excess of the legal speed limit in violation of section 291C-
 
 5 102, Hawaii Revised Statutes.
 
 6      "Photo red light imaging" means a device used for traffic
 
 7 enforcement consisting substantially of a vehicle sensor
 
 8 installed to work in conjunction with a traffic-control signal
 
 9 and a video, conventional, or digital camera that automatically
 
10 produces photographic identification of a vehicle which
 
11 disregards a steady red signal in violation of section 291C-
 
12 32(a)(3), Hawaii Revised Statutes."
 
13      SECTION 8.  Act 234, Session Laws of Hawaii 1998, section 6,
 
14 as amended by Act 263, Session Laws of Hawaii 1999, section 7, is
 
15 amended by amending subsection (a) to read as follows:
 
16      "(a)  Subject to this Act, [each county] the department may
 
17 establish a [three-year] demonstration project in selected areas
 
18 of [that county] the State to provide for the implementation of
 
19 photo red light imaging, photo speed imaging detector, or photo
 
20 technology systems to improve traffic enforcement as provided in
 
21 this Act.  The demonstration project shall be limited to state or
 
22 county highways and shall document the effectiveness of these
 

 
 
 
Page 16                                                    1759
                                     H.B. NO.           H.D. 2
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 1 systems.  The contractor shall provide a public information
 
 2 campaign to inform local drivers about the use of these systems
 
 3 before any citation or summons is actually issued."
 
 4      SECTION 9.  Act 234, Session Laws of Hawaii 1998, section 7,
 
 5 is amended by amending subsection (a) to read as follows:
 
 6      "(a)  Subject to this Act, [each county] the department may
 
 7 establish a photo speed imaging detector system imposing monetary
 
 8 liability on the registered owner of a motor vehicle for failure
 
 9 to comply with speeding laws in accordance with this Act.  [Each
 
10 county] The department, in consultation with county police, may
 
11 provide for the installation and operation of photo speed imaging
 
12 detector systems on no more than twenty-five state or county
 
13 highways at any one time in any county."
 
14      SECTION 10.  Act 234, Session Laws of Hawaii 1998,
 
15 section 7, is amended by amending subsection (c) to read as
 
16 follows:
 
17      "(c)  A contractor may issue a citation or summons pursuant
 
18 to section 10 on the basis of a photo speed imaging detector if
 
19 the following conditions are met:
 
20      (1)  The photo speed imaging detector equipment is operated
 
21           by a [uniformed] police officer [out of a marked police
 
22           vehicle;] or a contractor who is authorized to operate
 

 
 
 
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 1           the equipment pursuant to this Act; and
 
 2     [(2)  An indication of the speed of the motor vehicle is
 
 3           displayed within one hundred fifty feet of the location
 
 4           of the photo speed imaging detector unit;
 
 5      (3)] (2)  Signs indicating that speeds are enforced by a
 
 6           photo speed imaging detector are posted [on all major
 
 7           routes entering the area in question], as far as
 
 8           practicable, providing notice to a motorist that a
 
 9           photo speed imaging detector may be used[; and
 
10      (4)  The photo speed imaging detector system is used for no
 
11           more than four hours per day in any one location from
 
12           thirty minutes after sunrise to thirty minutes before
 
13           sunset].
 
14 The conditions specified in this subsection shall not apply when
 
15 the information gathered is used for highway safety research or
 
16 to issue warning citations not involving a fine, court
 
17 appearance, or a person's driving record."
 
18      SECTION 11.  Act 234, Session Laws of Hawaii 1998,
 
19 section 8, is amended by amending subsection (a) to read as
 
20 follows:
 
21      "(a)  Subject to this Act, [each county] the department may
 
22 establish a photo red light imaging system imposing monetary
 

 
 
 
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 1 liability on the operator of a motor vehicle for failure to
 
 2 comply with traffic-control signal laws in accordance with this
 
 3 Act.  [Each county] The department, in consultation with county
 
 4 police, may provide for the installation and operation of photo
 
 5 red light imaging systems at no more than twenty-five
 
 6 intersections in any one county at any one time."
 
 7      SECTION 12.  Act 234, Session Laws of Hawaii 1998, section
 
 8 8A, as added by Act 263, Session Laws of Hawaii 1999, section 7,
 
 9 is amended by amending subsection (a) to read as follows:
 
10      "(a)  Subject to this Act, [each county] the department may
 
11 establish photo technology systems imposing monetary liability on
 
12 the registered owner of a motor vehicle for failure to comply
 
13 with section 291C-38(c), Hawaii Revised Statutes, regarding
 
14 longitudinal traffic lane markings, in accordance with this Act.
 
15 [Each county] The department, in consultation with county police,
 
16 may provide for the installation and operation of photo
 
17 technology systems on no more than twenty-five state or county
 
18 highways at any one time in any county; provided that these
 
19 systems shall primarily be used on controlled access facilities
 
20 on Oahu."
 
21      SECTION 13.  Act 234, Session Laws of Hawaii 1998, section
 
22 9, as amended by Act 263, Session Laws of Hawaii 1999, section 7,
 

 
 
 
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 1 is amended by amending subsection (a) to read as follows:
 
 2      "(a)  Each county [shall designate] may recommend locations
 
 3 on state or county highways in that county that are appropriate
 
 4 for the installation of[:
 
 5      (1)  Photo red light imaging or photo technology systems,
 
 6           with the assistance of the director; and
 
 7      (2)  Photo speed imaging detector systems, without the
 
 8           assistance of the director.] photo red light imaging,
 
 9           photo speed imaging detector, and photo technology
 
10           systems."
 
11      SECTION 14.  Act 234, Session Laws of Hawaii 1998,
 
12 section 10, as amended by Act 263, Session Laws of Hawaii 1999,
 
13 section 7, is amended by amending subsection (a) to read as
 
14 follows:
 
15      "(a)  Notwithstanding any law to the contrary, whenever any
 
16 motor vehicle is determined by means of:
 
17      (1)  The photo red light imaging system to have disregarded
 
18           a steady red signal in violation of section 291C-
 
19           32(a)(3), Hawaii Revised Statutes;
 
20      (2)  The photo speed imaging detector system to be in excess
 
21           of the legal speed limit in violation of section
 
22           291C-102, Hawaii Revised Statutes; or
 

 
 
 
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 1      (3)  The photo technology system to have crossed
 
 2           longitudinal traffic lane markings in violation of
 
 3           section 291C-38(c), Hawaii Revised Statutes,
 
 4 the contractor shall cause a summons or citation as described in
 
 5 this section to be sent [by certified or registered mail, with a
 
 6 return receipt that is postmarked within forty-eight hours of the
 
 7 time of the incident,] within three days of the date of the
 
 8 incident by certified mail, registered mail, or first class mail
 
 9 with a certificate of mailing obtained as evidence of service to
 
10 the registered owner of the vehicle at the address on record at
 
11 the vehicle licensing division. [If the end of the forty-eight
 
12 hour period falls on a Saturday, Sunday, or holiday, then the
 
13 ending period shall run until the end of the next day which is
 
14 not a Saturday, Sunday, or holiday.]  Days when the post office
 
15 is not open to the public shall not be included in calculation of
 
16 the three days."
 
17      SECTION 15.  Act 234, Session Laws of Hawaii 1998,
 
18 section 10, is amended by amending subsections (c) and (d) to
 
19 read as follows:
 
20      "(c)  Every citation shall be consecutively numbered and
 
21 each [carbon] copy shall bear the number of its respective
 
22 original.
 

 
 
 
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 1      (d)  Upon receipt, the registered owner shall respond as
 
 2 provided for in chapter 291D, Hawaii Revised Statutes.  [A mail
 
 3 receipt signed by the registered owner] Service of a citation by
 
 4 certified mail, registered mail, or first class mail with a
 
 5 certificate of mailing obtained as evidence of service to the
 
 6 registered owner, at the registered owner's address on record at
 
 7 the vehicle licensing division, is prima facie evidence of
 
 8 notification.  The registered owner shall be determined by the
 
 9 identification of the vehicle's registration plates."
 
10      SECTION 16.  Act 234, Session Laws of Hawaii 1998,
 
11 section 16, as amended by Act 263, Session Laws of Hawaii 1999,
 
12 section 7, is amended by amending subsection (b) to read as
 
13 follows:
 
14      "(b)  [The request for proposals shall be from a list of
 
15 applicants prequalified by the department and each county, and
 
16 shall be applicable to any contract between a county and any
 
17 contractor entered into under the authority of this Act.
 
18 Standards for prequalification] Qualification of applicants under
 
19 this section shall be determined by the department before the
 
20 commencement of the selection process; provided that any contract
 
21 entered into under this Act, at a minimum, shall be negotiated
 
22 with [the private entity found most qualified.  The contractor
 

 
 
 
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 1 shall demonstrate that it] a contractor that has the
 
 2 qualifications and experience necessary to carry out and expedite
 
 3 the terms of the contract and the ability to comply with
 
 4 applicable laws and court orders.  [Each contract entered into by
 
 5 a county may include any other requirements that the director
 
 6 considers necessary and appropriate for carrying out the purposes
 
 7 of this Act.]"
 
 8      SECTION 17.  Act 234, Session Laws of Hawaii 1998,
 
 9 section 17, as amended by Act 263, Session Laws of Hawaii 1999,
 
10 section 7, is amended to read as follows:
 
11      "SECTION 17.  Authority to contract; duration of contract;
 
12 approval as to form; contract term, renewal, and termination;
 
13 exemptions.(a)  [Each county, with prior approval from the] The
 
14 department, in consultation with county police, may contract with
 
15 one or more contractors to purchase, lease, rent, use, install,
 
16 maintain, and operate photo red light imaging, photo speed
 
17 imaging detector, or photo technology systems as provided in this
 
18 Act.
 
19      (b)  Notwithstanding any other law to the contrary, the
 
20 contractor shall provide the following services and activities to
 
21 implement the photo speed imaging detector, photo red light
 
22 imaging, or photo technology systems:
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        

 
 1      (1)  Equipment installation;
 
 2      (2)  Data processing, including custom software development
 
 3           and integration;
 
 4      (3)  Staffing and training of law enforcement personnel and
 
 5           other persons as necessary to provide for effective
 
 6           traffic enforcement;
 
 7      (4)  [Film delivery, retrieval, and processing;] Required
 
 8           support services for use of video cameras, conventional
 
 9           cameras, or digital cameras;
 
10      (5)  Image evaluation;
 
11      (6)  License plate identification and verification;
 
12      (7)  Review of individual motor vehicle registration
 
13           records, pursuant to sections 286-45 and 286-172,
 
14           Hawaii Revised Statutes, to obtain access only to the
 
15           registered motor vehicle owner's name and address;
 
16           provided this data shall only be used as is necessary
 
17           to carry out the provisions of the contract and the
 
18           purposes of this Act and may not otherwise be publicly
 
19           disclosed;
 
20      (8)  Citation generation, processing, and tracking;
 
21      (9)  Data transfer to agency and court;
 
22     (10)  Violation and statistical data collection, analysis,
 

 
 
 
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 1           and reporting;
 
 2     (11)  Twenty-four-hour support services, consulting,
 
 3           technical assistance, and Internet access;
 
 4     (12)  Community awareness and public relations services; and
 
 5     (13)  Any other services, activities, or equipment deemed
 
 6           necessary or desirable by the department [and each
 
 7           county.] or a state court to implement this Act.
 
 8      (c)  [The] Each contract shall specify such matters as are
 
 9 deemed relevant by the State[, each county,] and the contractor,
 
10 and shall be approved as to form and content by the attorney
 
11 general; provided that the contract:
 
12      (1)  Shall not specify any condition for the issuance of a
 
13           citation or summons other than as provided by this Act
 
14           or other applicable state law;
 
15      (2)  Shall prohibit the contractor, or the contractor's
 
16           agents or employees, from engaging in any activities
 
17           prescribed for police officers pursuant to chapter 52D
 
18           or section 291C-164, Hawaii Revised Statutes, or any
 
19           other provision of law relating to law enforcement or
 
20           the use of force, except as otherwise provided in this
 
21           Act;
 
22      (3)  Shall specify that personal and confidential
 

 
 
 
Page 25                                                    1759
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        

 
 1           information used for the [projects] project shall
 
 2           become the property of [each county] the State at the
 
 3           end of the contract, that all data shall be returned to
 
 4           [that county,] the State, and that the contractor may
 
 5           use information obtained from the State or [that] a
 
 6           county only as is necessary to carry out the provisions
 
 7           of the contract and the purposes of this Act;
 
 8      (4)  Shall make the data accessible to the contractor, as
 
 9           set forth in subsection (b)(7);
 
10      (5)  Shall provide appropriate security for the data system
 
11           and equipment; and
 
12      (6)  Shall specify that motor vehicle registration records
 
13           obtained pursuant to the contract, and as set forth in
 
14           sections 286-45 and 286-172, Hawaii Revised Statutes,
 
15           are personal and confidential information and may be
 
16           used only for services related to issuance of traffic
 
17           citations and court purposes.
 
18      (d)  No contract shall extend or be renewed beyond May 1,
 
19 2003, unless [a county, with the concurrence of] the director[,]
 
20 determines that the contract offers demonstrable benefits to
 
21 [that county as documented by the county.] the State.
 
22      (e)  [A county,] The director, upon demonstration that a
 

 
 
 
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 1 breach of contract has occurred and that after the passage of a
 
 2 reasonable period of time the breach has not been cured, and
 
 3 without penalty to [that] the department or any county, may
 
 4 cancel a contract at any time after giving three-months' prior
 
 5 written notice.
 
 6      (f)  [The department of budget and finance shall create an
 
 7 account and set aside a portion of the revenues received from the
 
 8 fines obtained from citations initiated as a result of the
 
 9 traffic enforcement demonstration project to offset the
 
10 contractor's costs of operating the photo speed imaging detector,
 
11 photo red light imaging, and photo technology systems.
 
12      (g)]  Notwithstanding any other law to the contrary, any
 
13 contracts entered into by [a county] the department with a
 
14 contractor pursuant to this section shall not be subject to
 
15 chapters 76, 77, and 89, or section 46-33, Hawaii Revised
 
16 Statutes."
 
17      SECTION 18.  Act 234, Session Laws of Hawaii 1998, is
 
18 amended by adding a new section to read as follows:
 
19      "SECTION 17A.  Police matters.  County police are authorized
 
20 and encouraged to provide oversight and all police services
 
21 required for the traffic enforcement demonstration project;
 
22 provided that to the extent necessary to implement this Act, the
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        

 
 1 powers of police officers for the enforcement of sections
 
 2 291C-102, 291C-32(a)(3), and 291C-38(c), Hawaii Revised Statutes,
 
 3 are conferred upon the director of transportation and such of the
 
 4 officers, employees, agents and representatives of the department
 
 5 as may be designated by the director to exercise such powers.
 
 6 For the purposes of this section, the term "agents and
 
 7 representatives" includes persons performing services under
 
 8 contracts with the department pursuant to this Act."
 
 9      SECTION 19.  Act 234, Session Laws of Hawaii 1998, is
 
10 amended by adding a new section to read as follows:
 
11      "SECTION 17B.  Photo enforcement revolving fund.  (a)  There
 
12 is established a photo enforcement revolving fund to be
 
13 administered by the department of transportation.
 
14 Notwithstanding any other law to the contrary, the department may
 
15 expend funds from this revolving fund; provided that no
 
16 expenditure shall be made from and no obligation shall be
 
17 incurred against the revolving fund in excess of the amount
 
18 standing to the credit of the fund.
 
19      (b)  All payments to the State resulting from citations and
 
20 summons authorized under section 10 shall be deposited into the
 
21 photo enforcement revolving fund; provided that any interest
 
22 earned shall be deposited into the general fund.
 

 
 
 
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 1      (c)  The department shall use the photo enforcement
 
 2 revolving fund to pay contractors and purchase county police
 
 3 oversight and services necessary for implementation of the
 
 4 traffic enforcement demonstration project.
 
 5      (d)  Notwithstanding any other law to the contrary, the
 
 6 department may also use up to twenty per cent of the photo
 
 7 enforcement revolving fund to pay for any non-recurring state and
 
 8 county expenses and any temporary state positions needed to
 
 9 implement the traffic enforcement demonstration project and
 
10 administer the revolving fund.
 
11      (e)  The department shall deposit that portion of the
 
12 revolving fund not needed for purposes of this section into the
 
13 general fund."
 
14      SECTION 20.  Act 234, Session Laws of Hawaii 1998,
 
15 section 23, as amended by Act 263, Session Laws of Hawaii 1999,
 
16 section 7, is amended to read as follows:
 
17      "SECTION 23.  Report.  [Each county] The department, in
 
18 consultation with county police, shall submit progress, interim,
 
19 and final reports to the legislature as follows:
 
20      (1)  The [interim] progress report shall document the
 
21           progress made in implementing the demonstration project
 
22           and any contract entered into with a private
 

 
 
 
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 1           contractor.  The [interim] progress report shall be
 
 2           submitted to the legislature no later than twenty days
 
 3           before the convening of the regular [sessions of 1999
 
 4           and] session of 2000; [and]
 
 5      (2)  The interim report shall present preliminary findings
 
 6           about the effectiveness of the demonstration project
 
 7           and may include any proposed legislation necessary to
 
 8           facilitate mailed traffic citations.  The interim
 
 9           report shall be submitted to the legislature no later
 
10           than twenty days before the convening of the regular
 
11           session of 2001; and
 
12     [(2)] (3)  The final report shall evaluate the effectiveness
 
13           of the demonstration project, and shall include the
 
14           following:
 
15           (A)  The total fine revenue generated by using the
 
16                photo speed imaging detector, photo red light
 
17                imaging, or photo technology systems;
 
18           (B)  The number of citations and summonses issued by
 
19                the photo speed imaging detector, photo red light
 
20                imaging, or photo technology systems;
 
21           (C)  The amount paid to the contractor providing the
 
22                photo speed imaging detector, photo red light
 

 
 
 
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                                                        S.D. 2
                                                        

 
 1                imaging, or photo technology systems;
 
 2           (D)  The effect of the demonstration project on traffic
 
 3                safety;
 
 4           (E)  The degree of public acceptance of the project;
 
 5           (F)  The process of administration of the project;
 
 6           (G)  An evaluation of the costs and benefits of the
 
 7                project;
 
 8           (H)  A review of the effectiveness of contracts entered
 
 9                into under this Act and the performance of the
 
10                contractor;
 
11           (I)  Recommendations for design or planning changes
 
12                that might reduce traffic congestion on state or
 
13                county highways; and
 
14           (J)  Findings and recommendations as to whether to
 
15                [continue any contract entered into pursuant to
 
16                this Act,] make the project permanent, expand the
 
17                use of cameras and contractors for enforcement of
 
18                traffic laws, or adopt another alternative.
 
19           The final report shall include any proposed
 
20           implementing legislation as may be necessary, and shall
 
21           be submitted to the legislature no later than twenty
 
22           days before the convening of the regular session of
 

 
 
 
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                                                        S.D. 2
                                                        

 
 1           [2001.] 2002."
 
 2      SECTION 21.  Act 234, Session Laws of Hawaii 1998, is
 
 3 amended by amending section 29 to read as follows:
 
 4      "SECTION 29.  This Act shall take effect on July 1, 1998;
 
 5 provided that on July 1, [2001,] 2003, this Act shall be repealed
 
 6 and sections 286-45, 286-172(a), and 291C-163(a), Hawaii Revised
 
 7 Statutes, are reenacted in the form in which they read on
 
 8 June 30, 1998."
 
 9      SECTION 22.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 23.  There is appropriated out of the moneys
 
12 deposited into the photo enforcement revolving fund the sum of
 
13 $5,000,000 or so much thereof as may be necessary for each of the
 
14 fiscal years 2000-2001, 2001-2002, and 2002-2003.  The sum
 
15 appropriated by this Act shall be expended by the department of
 
16 transportation for the purposes of the fund.
 
17      SECTION 24.  This Act shall take effect on July 1, 2000.