Report Title:
Traffic Enforcement
Description:
Limits compensation method to pilot project contractors.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1845 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO Traffic enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 234, Session Laws of Hawaii 1998, section 17, as amended by Act 263, Session Laws of Hawaii 1999, section 7, and Act 240, Session Laws of Hawaii 2000, section 19, is amended by amending subsection (c) to read as follows:
"(c) Each contract shall specify such matters as are deemed relevant by the State and the contractor, and shall be approved as to form and content by the attorney general; provided that the contract:
(1) Shall not specify any condition for the issuance of a citation or summons other than as provided by this Act or other applicable state law;
(2) Shall prohibit the contractor, or the contractor's agents or employees, from engaging in any activities prescribed for police officers pursuant to chapter 52D or section 291C-164, Hawaii Revised Statutes, or any other provision of law relating to law enforcement or the use of force, except as otherwise provided in this Act;
(3) Shall specify that personal and confidential information used for the project shall become the property of the State at the end of the contract, that all data shall be returned to the State, and that the contractor may use information obtained from the State or a county only as is necessary to carry out the provisions of the contract and the purposes of this Act;
(4) Shall make the data accessible to the contractor, as set forth in subsection (b)(7);
(5) Shall provide appropriate security for the data system and equipment; [and]
(6) Shall specify that motor vehicle registration records obtained pursuant to the contract, and as set forth in sections 286-45 and 286-172, Hawaii Revised Statutes, are personal and confidential information and may be used only for services related to issuance of traffic citations and court purposes[.]; and
(7) Shall only provide for compensation to the contractor in the form of a predetermined amount for services and equipment and not provide additional compensation to the provider contingent upon either a percentage of or a set portion of the traffic violation fine.
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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