HB2167 HD1

Report Title:

Traffic Enforcement Demonstration Project

Description:

Repeals the traffic enforcement demonstration project. Enacts a new project to correct problems with the previous one, including prohibiting increases in motor vehicle insurance premiums due to a speeding citation, and requiring the vendor to be paid a flat fee rather than a percentage of revenues. (HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2167
TWENTY-FIRST LEGISLATURE, 2002		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

relating to traffic enforcement.

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

SECTION 1. The legislature finds that the traffic enforcement demonstration project originally authorized by Act 234, Session Laws of Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999, and Act 240, Session Laws of Hawaii 2000, began operations in December, 2001.

However, the legislature finds that while that demonstration project has produced a dramatic reduction in speeding on Oahu's roads and highways, and therefore produced the desired effect, a number of concerns expressed by the public and the method of implementation followed by the department of transportation has necessitated the repeal of that project.

Accordingly, the purpose of this Act is to:

(1) Repeal the traffic enforcement demonstration project in part I of this Act;

(2) Enact a new traffic enforcement law in part II of this Act that corrects the problems of the previous project, including making the following changes from the previous law:

(A) Prohibit increases in motor vehicle insurance premiums due to any speeding summons or citation, or a summons or citation generated by a photo speed imaging detector under the traffic enforcement demonstration project;

(B) Amend the traffic enforcement demonstration project to require the vendor to be paid a flat fee rather than:

(i) A fee based on the number or percentage of summonses or citations issued, revenues generated; or

(ii) On a commission basis;

(C) Clarify that photo speed imaging detectors are intended to produce photographic identification of not only a speeding vehicle, but also the vehicle's license plate and the face of the operator of the vehicle;

(D) Require alleged speeding violators under the traffic enforcement demonstration project who contest their speeding tickets to show by clear and convincing evidence that the photographic information obtained from the photo speed imaging detector system is not the vehicle, the vehicle's license plate, or the face of the operator of the vehicle, in question; and

(E) Require the department of transportation, in determining where the photo speed imaging detectors are to be located, to place priority on areas where the greatest number of problems are known to occur, in terms of the number of speeding-related accidents, fatalities, or both; areas where racing is known to occur; and school zones, or areas that are affected by school-related traffic.

PART I

SECTION 2. Act 234, Session Laws of Hawaii 1998, Act 263, Session Laws of Hawaii 1999, and Act 240, Session Laws of Hawaii 2000 are repealed on the effective date of this Act.

SECTION 3. On the effective date of this Act:

(1) Sections 286-45, 286-172(a), and 291C-163(a), Hawaii Revised Statutes, are reenacted in the form in which they read on June 30, 1998;

(2) Sections 291C-38(c) and 291C-165(b), Hawaii Revised Statutes, are reenacted in the form in which they read on July 5, 1999; and

(3) Section 291C-223, Hawaii Revised Statutes, is reenacted in the form in which it read on June 30, 2000.

SECTION 4. As soon as is legally possible following the effective date of this Act, the state department of transportation shall terminate all contracts with private entities for the provision of photo traffic enforcement services under Act 234, Session Laws of Hawaii 1998, Act 263, Session Laws of Hawaii 1999, and Act 240, Session Laws of Hawaii 2000.

SECTION 5. Notwithstanding any law to the contrary:

(1) All unencumbered and unexpended moneys remaining in the photo enforcement revolving fund established pursuant to section 7 of Act 240, Session Laws of Hawaii 2000, on July 1, 2002, shall be transferred to the state general fund;

(2) Any amounts that continue to be owing to the contractor for unpaid outstanding citations or for any other amounts as of July 1, 2002, under any contract entered into pursuant to section 17 of Act 234, Session Laws of Hawaii 1998, as amended, shall be paid out of state general fund moneys; and

(3) All summonses and citations issued before July 1, 2002 pursuant to section 10 of Act 234, Session Laws of Hawaii 1998, as amended, shall remain valid and are not otherwise affected by the repeal of that Act.

PART II

SECTION 6. Findings and purpose. (a) The legislature finds that traffic violations in Hawaii, especially on the island of Oahu, have become intolerable, particularly the offenses of speeding and running red lights. Both of these violations endanger the lives of residents and compound the already hazardous conditions for both pedestrians and motorists on Hawaii's roads and highways. News items are increasingly common that describe hit-and-run drivers who have run over small children or the elderly, both inside and outside crosswalks, who may not be able to react quickly enough to a racing drunk driver or someone speeding through an intersection after the light has already turned red.

The legislature further finds that two recent technological innovations that address the hazards caused by speeding and disregarding red lights have already been in place and demonstrated their reliability and effectiveness in other jurisdictions--namely, photo speed imaging detector and photo red light imaging systems. The legislature finds that these innovations--both of which are completely automated--are appropriate for Hawaii's increasingly deteriorating traffic conditions, and are capable of safely and efficiently diffusing dangerous traffic control problems while at the same time freeing up police officers to handle more pressing problems.

The photo speed imaging detector system is a unit that mounts in a vehicle or on a pole or bridge that detects, photographs, and records information on speeders. When a vehicle exceeding a preset threshold speed enters the beam of the unit's speed detector, a high resolution camera photographs the vehicle, capturing the license plate and providing evidentiary quality images. Tickets are generated and mailed to the registered vehicle owner without need for a police officer to stop a speeding vehicle and issue a ticket to the driver. With no stop involved, no police officer is at risk from passing traffic or armed violators. Moreover, while a motivated police officer may average fifteen or twenty speeding tickets per shift, the photo speed imaging detector system can generate two speeding tickets per second.

The photo speed imaging detector system can be a turnkey operation; all of the equipment, and all supplies, as well as training, can be provided by a private company. The private company can use pictures of license plates to identify vehicle owners, print and mail tickets, monitor compliance, and make regular status reports in exchange for a small fee per paid ticket.

In addition, only one police officer using the photo speed imaging detector system can be as productive, if only in terms of numbers of traffic tickets issued, as an entire traffic division. Officers can be assigned higher priority duties, while the system handles speed enforcement. Finally, these systems have proven their reliability for over twenty years in police departments in countries around the world.

The second major innovation is the photo red light imaging system. In this system, a camera is positioned at an intersection where red light violations are common. Rather than placing an officer at the intersection full-time, the red light camera serves as a twenty-four hour deterrent to running a red light. Buried vehicle sensors are connected to traffic signals and to a self-contained camera system that is mounted on a nearby pole. When a vehicle enters the intersection against a red light, the camera takes a telephoto color picture of the car as it rolls over the stop bar, capturing the license plate as evidence. A second wide-angle photograph takes in the entire intersection, including other traffic.

A sign may be posted at the intersection indicating that it is a photo-monitored intersection; however, the camera can be moved to different poles or intersections that are equipped to hold the camera, so that motorists do not know when they are being photographed. As with the photo speed imaging detector system, the private company that supplies the photo red light imaging system also processes pictures, accesses motor vehicle records, checks the pictures of license plates against registration records, and mails out citations.

The legislature finds that the photo red light imaging system, like the photo speed imaging detector system, has numerous benefits. As with the photo speed imaging detector system, not only are streets safer after the implementation of the system, but police officers are freed from time-consuming traffic stops and have more time to make priority calls. A violator is less likely to contest tickets since the color photograph of the violation in progress, with appropriate information imprinted, can be used as evidence in court. Few cases are contested in other jurisdictions using this system, and police officers make fewer court appearances, resulting in cost savings.

The legislature realizes that Hawaii's prior conversion to administrative adjudication of traffic offenses has eliminated the need for police officers to testify in most cases. However, to the extent that fewer citations are actually contested, cost savings will be realized and contested cases will receive a faster hearing. More importantly, installation of this type of system has had an immediate effect on the behavior of drivers and has nearly eliminated violations in other jurisdictions.

The legislature finds that the implementation of both photo speed imaging detector and photo red light imaging systems will result in an increase in driver awareness, leading to a reduction in speeding and red light violations, and an overall reduction in crashes and injuries. A reduction in crashes and injuries in turn will result in lower costs for auto insurance, workers' compensation, and public assistance. Moreover, with use of photo speed imaging detector and photo red light imaging systems, traffic laws will be enforced without discrimination, and safety and efficiency will be increased by reducing the number of high-speed chases and the number of personnel required for traffic accident clean-up, investigation, and court testimony.

In addition, the legislature finds that there is a need to exempt contracts entered into with the private companies that supply the photo speed imaging detector and photo red light imaging systems from the civil service, compensation, and collective bargaining laws. In Konno v. County of Hawaii, 85 Haw. 61, 937 P.2d 397 (1997), the Hawaii Supreme Court adopted the "nature of the services" test, holding that the protection of the civil service laws extends to those services that have been "customarily and historically" provided by civil servants. Because police officers may be held to be customarily and historically responsible for issuing tickets to speeding motorists and other functions that may now be contracted out to a private entity, there is a need to specifically exempt any such contracts from the civil service and compensation laws so that those contracts are not voided by Konno. Although the Konno opinion did not reach the decision whether privatization is subject to mandatory collective bargaining, this part also exempts contracts entered into with a private entity from collective bargaining laws as well, to ensure that these contracts are not subsequently voided for failure to comply with those laws as a result of a subsequent court interpretation.

Finally, the legislature finds that when speeding occurs, accidents are almost always more serious. Photo speed imaging detector and photo red light imaging systems have been proven in many locations throughout the United States, Canada, Europe, and numerous other countries around the world as deterrents to red light traffic violations and speeding and, consequently, injuries and death. The legislature finds that there is an immediate need to remedy the steadily worsening traffic conditions in Hawaii, and that the implementation of photo speed imaging detector and photo red light imaging systems will help to protect the health, safety, and welfare of the people of this State, while at the same time offering substantial cost savings and increased revenues.

(b) The legislature further finds that there is a need to reduce traffic congestion during rush hour, particularly on controlled access facilities such as the H-1 freeway on Oahu.

In some instances, vehicles that illegally cross certain longitudinal traffic lane markings create hazardous driving situations that slow down traffic, thereby adding to rush hour congestion. Current law, however, requires police officers in these instances to pull over violators and hand them a ticket. Requiring police officers to pull vehicles over is both counterproductive -- it simply increases traffic congestion as motorists rubberneck to see why someone was being pulled over -- as well as extremely dangerous on the freeway. The legislature therefore finds that in situations involving illegal crossing of longitudinal traffic lane markings, conventional enforcement methods are dangerous and delay law-abiding drivers. However, in these situations existing law does not allow for citations to be mailed to violators.

In other instances, the existing design of the H-1 freeway is inadequate to handle the large volume of traffic during rush hour. These situations can be corrected in some instances by the use of signs, traffic cones, and other traffic control devices to route vehicles in a manner that tends to reduce traffic congestion. For example, the state department of transportation has used traffic control devices to prohibit vehicles from crossing over certain lanes on the H-1 freeway at the Lunalilo Street on-ramp as an experiment to see how traffic flows on H-1 if cars are prohibited from merging into the H-1 traffic at that on-ramp. While the department found that the traffic control devices significantly improved the flow of traffic, which could speed up the morning and afternoon commute into downtown Honolulu, there are two potential problems with this approach.

The first problem is that existing law needs to be changed to allow for the police or traffic control devices to direct motorists not to cross the dotted lines on certain lanes during specified hours. Second, in trial runs, many drivers simply ignored cones or posted signs and crossed over into the prohibited lanes anyway. In order to effectively change these motorists' driving behavior, a further change in the law is necessary to allow for traffic enforcement through video surveillance that would allow for the mailing of traffic citations rather than requiring officers to pull motorists over in traffic to hand them a ticket.

The legislature finds that hand-held or mounted video cameras, conventional cameras, or digital cameras, can be used to produce photographic identification of vehicles that illegally cross longitudinal traffic lane markings. These photo systems could be operated by police officers or could be contracted out to a private contractor.

(1) Establish a demonstration project in selected areas on state or county highways to provide for the implementation of photo speed imaging detector and photo red light imaging systems to improve traffic enforcement, and to allow the use of hand-held or mounted video cameras, conventional cameras, or digital cameras, to produce photographic identification of vehicles that illegally cross longitudinal traffic lane markings; and

(2) Allow the department of transportation to contract with appropriate providers of these systems pursuant to the public procurement laws while:

(A) Exempting such contracts from civil service, compensation, and collective bargaining laws;

(B) Permitting the contractor to have access to information as set forth in this part; and

SECTION 7. Definitions. As used in this part, unless the context otherwise requires:

"Contractor" means a private person or entity who has entered into a contract with a county pursuant to this part.

"County" means the council, the mayor, or other person having the authority to enter into a contract pursuant to this part on behalf of the county of Maui, Kauai, Hawaii, or the city and county of Honolulu.

"County highway" has the same meaning as used in section 265A-1, Hawaii Revised Statutes.

"Department" means the department of transportation.

"Director" means the director of transportation.

"Motor vehicle" has the same meaning as defined in section 291C-1, Hawaii Revised Statutes.

"Photo speed imaging detector" means a device used for traffic enforcement consisting substantially of a speed measurement unit and a video, conventional, or digital camera that automatically produces photographic identification of a vehicle, the vehicle's license plate, and the face of the operator of the vehicle, traveling in excess of the legal speed limit in violation of section 291C-102, Hawaii Revised Statutes.

"Photo red light imaging" means a device used for traffic enforcement consisting substantially of a vehicle sensor installed to work in conjunction with a traffic-control signal and a video, conventional, or digital camera that automatically produces photographic identification of a vehicle which disregards a steady red signal in violation of section 291C-32(a)(3), Hawaii Revised Statutes.

"Photo technology system" means hand-held or mounted video cameras, conventional cameras, or digital cameras, other than photo speed imaging detectors or photo red light imaging devices, that are used to improve traffic enforcement and reduce traffic congestion by producing photographic identification of a vehicle which crosses longitudinal traffic lane markings in violation of section 291C-38(c).

"Traffic-control signal" has the same meaning as defined in section 291C-1, Hawaii Revised Statutes.

SECTION 8. Traffic enforcement demonstration project. (a) Subject to this part, the department may establish a three-year demonstration project in selected areas of the State to provide for the implementation of photo red light imaging, photo speed imaging detector or photo technology systems to improve traffic enforcement as provided in this part. The demonstration project shall be limited to state or county highways and shall document the effectiveness of these systems. The contractor shall provide a public information campaign to inform local drivers about the use of these systems before any citation or summons is actually issued.

(b) Notwithstanding any other law to the contrary, the demonstration project may include the use of photo technology systems in addition to photo red light imaging or photo speed imaging detector systems, including hand-held or mounted video cameras, conventional cameras, or digital cameras to improve traffic enforcement and reduce traffic congestion, particularly on controlled access facilities on Oahu. These photo technology systems:

(1) May be operated by either private contractors or county police department personnel at the election of the police chief of each county;

(2) Shall be used only to produce photographic identification of vehicles which are operated in violation of section 291C-38(c), Hawaii Revised Statutes, regarding longitudinal traffic lane markings.

SECTION 9. Photo speed imaging detector system. (a) Subject to this part, the department may establish a photo speed imaging detector system imposing monetary liability on the registered owner of a motor vehicle for failure to comply with speeding laws in accordance with this part. The department, in consultation with county police, may provide for the installation and operation of photo speed imaging detector systems on no more than twenty-five state or county highways at any one time in any county; provided that the department, in determining where the photo speed imaging detectors are to be located, shall place priority on:

(1) Areas where the greatest number of problems are known to occur, in terms of the number of speeding-related accidents, fatalities, or both;

(2) Areas where the racing of motor vehicles on public highways are is known or reasonably believed to occur; and

(3) School zones, or areas that are affected by school-related traffic.

(b) Proof of a speeding violation shall be evidenced by information obtained from the photo speed imaging detector system authorized pursuant to this Act. A certificate, sworn to or affirmed by the contractor or the contractor's agent or employee, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by the system, shall be prima facie evidence of the facts contained therein; provided that any photographs, microphotographs, videotape, or other recorded images, including digitally produced images, evidencing a violation shall:

(1) Be available for inspection in any proceeding to adjudicate the liability for that violation; and

(2) Be used only to produce photographic identification of a vehicle, the vehicle's license plate, and the face of the operator of the vehicle, when the vehicle is traveling in excess of the legal speed limit in violation of section 291C-102, Hawaii Revised Statutes.

(c) A contractor may issue a citation or summons pursuant to section 13 on the basis of a photo speed imaging detector if the following conditions are met:

(1) The photo speed imaging detector equipment is operated by a police officer or a contractor who is authorized to operate the equipment pursuant to this part; and

(2) Signs indicating that speeds are enforced by a photo speed imaging detector are posted, as far as practicable, providing notice to a motorist that a photo speed imaging detector may be used.

The conditions specified in this subsection shall not apply when the information gathered is used for highway safety research or to issue warning citations not involving a fine, court appearance, or a person's driving record.

SECTION 10. Photo red light imaging system. (a) Subject to this part, the department may establish a photo red light imaging system imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic-control signal laws in accordance with this part. The department, in consultation with county police, may provide for the installation and operation of photo red light imaging systems at no more than twenty-five intersections in any one county at any one time.

(b) Proof of a traffic-control signal violation shall be evidenced by information obtained from the photo red light imaging system authorized pursuant to this part. A certificate, sworn to or affirmed by the contractor or the contractor's agent or employee, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by the system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing a violation shall be available for inspection in any proceeding to adjudicate the liability for that violation.

(c) A contractor may issue a citation or summons pursuant to section 13 on the basis of the photo red light imaging system if the following conditions are met:

(1) Signs indicating that the photo red light imaging system is in use are posted at all intersections at which the system may be used; and

(2) Before issuing any citation, the contractor commences a program to issue only warning notices for fourteen days.

SECTION 11. Photo technology systems. (a) Subject to this part, the department may establish photo technology systems imposing monetary liability on the registered owner of a motor vehicle for failure to comply with section 291C-38(c), Hawaii Revised Statutes, regarding longitudinal traffic lane markings, in accordance with this part. The department, in consultation with county police, may provide for the installation and operation of photo technology systems on no more than twenty-five state or county highways at any one time in any county; provided that these systems shall primarily be used on controlled access facilities on Oahu.

(b) Proof of a violation of section 291C-38(c), Hawaii Revised Statutes, shall be evidenced by information obtained from the photo technology systems authorized pursuant to this part. A certificate, sworn to or affirmed by the contractor or the contractor's agent or employee, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by the system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images, including digitally produced images, evidencing a violation shall be available for inspection in any proceeding to adjudicate the liability for that violation.

(c) A contractor may issue a citation or summons pursuant to section 13 of this part on the basis of a photo technology system if the following conditions are met:

(1) The photo technology system is operated by a uniformed police officer or a contractor who is authorized to operate that system pursuant to this part;

(2) Signs indicating that a photo technology system is in use are posted on all major routes entering the area in question, as far as practicable, providing notice to a motorist that such a system may be used; and

(3) The photo technology system is used for no more than four hours per day in any one location.

SECTION 12. Designation of appropriate locations. (a) Each county may recommend locations on state or county highways in that county that are appropriate for the installation of photo red light imaging, photo speed imaging detector, and photo technology systems.

(b) Signs and other official traffic-control devices that designate photo red light imaging and photo speed imaging detector systems shall be placed and maintained to advise drivers of the existence and operation of those systems.

SECTION 13. Summons or citation. (a) Notwithstanding any law to the contrary, whenever any motor vehicle is determined by means of:

(1) The photo red light imaging system to have disregarded a steady red signal in violation of section 291C-32(a)(3), Hawaii Revised Statutes;

(2) The photo speed imaging detector system to be in excess of the legal speed limit in violation of section 291C-102, Hawaii Revised Statutes; or

(3) The photo technology system to have crossed longitudinal traffic lane markings in violation of section 291C-38(c), Hawaii Revised Statutes,

the contractor shall cause a summons or citation as described in this section to be sent within three days of the date of the incident by certified mail, registered mail, or first class mail with a certificate of mailing obtained as evidence of service to the registered owner of the vehicle at the address on record at the vehicle licensing division. Days when the post office is not open to the public shall not be included in calculation of the three days.

(b) There shall be provided for use by contractors a form of summons or citation for use in citing violators of those traffic laws specified in subsection (a) which do not mandate the physical arrest of those violators. The form and content of the summons or citation shall be as adopted or prescribed by the administrative judge of the district courts and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the summons or citation valid within the laws of the State.

(d) Upon receipt, the registered owner shall respond as provided for in chapter 291D, Hawaii Revised Statutes. Service of a citation by certified mail, registered mail, or first class mail with a certificate of mailing obtained as evidence of service to the registered owner, at the registered owner's address on record at the vehicle licensing division, is prima facie evidence of notification. The registered owner shall be determined by the identification of the vehicle's registration plates.

SECTION 14. Registered owner's responsibility for a summons or citation. In any proceeding for a violation of this part, the information contained in the summons or citation mailed in accordance with section 291C-165(b), Hawaii Revised Statutes, or section 13 of this part shall be deemed evidence that the registered vehicle violated section 291C-32(a)(3), 291C-38(c), or 291C-102, Hawaii Revised Statutes.

SECTION 15. Prima facie evidence; burden of producing evidence with respect to alleged speeding violations. (a) Whenever a citation for violation of chapter 291C, Hawaii Revised Statutes, is issued pursuant to section 291C-165, Hawaii Revised Statutes, or whenever a photo red light imaging system, photo technology system, or photo speed imaging detector system determines a motor vehicle to be in violation of section 291C-102, 291C-38(c), or 291C-32(a)(3), Hawaii Revised Statutes, as applicable, evidence that the motor vehicle described in the citations or summons issued pursuant to this Act was operated in violation of those sections of the Hawaii Revised Statutes, together with proof that the person to whom the summons or citation was sent was the registered owner of the motor vehicle at the time of the violation, shall constitute prima facie evidence that the registered owner of the motor vehicle was the person who committed the violation.

(b) The registered owner of the vehicle may rebut the prima facie evidence in subsection (a) by:

(1) Submitting a written statement as provided in section 291D-6(b)(2), Hawaii Revised Statutes; provided that, if the registered owner alleges that another person was operating the vehicle at the time of the alleged violation, then the registered owner shall submit a declaration under penalty of perjury signed by both the registered owner and the vehicle operator. The declaration shall state the name, current address, and driver's license number of the vehicle operator at the time of the alleged violation along with the date, time, place, and nature of the alleged violation. Within forty-eight hours of receiving this information contained in the declaration, the contractor or the appropriate county police department shall cause a summons or citation to be mailed to the operator as provided in section 291C-165, Hawaii Revised Statutes, or section 13 of this Act;

(2) Testifying in open court under oath that the registered owner was not the operator of the vehicle at the time of the alleged violation, in which case the registered owner shall submit to the court a declaration under penalty of perjury signed by both the registered owner and the vehicle operator. The declaration shall state the name, current address, and driver's license number of the vehicle operator at the time of the alleged violation along with the date, time, place, and nature of the alleged violation. Within forty-eight hours of receiving this information, the contractor or the appropriate county police department shall cause a summons or citation to be mailed to the operator as provided in section 291C-165, Hawaii Revised Statutes, or section 13 of this Act;

(3) Presenting, prior to the return date established on the citation or summons issued pursuant to this Act, a letter of verification of loss from the police department to the court adjudicating the alleged violation; or

(4) Submitting an affidavit, prior to the return date established on the citations or summons issued pursuant to this Act, that the vehicle in question was a rental or U-drive vehicle subject to section 17 of this Act.

(c) Notwithstanding any law to the contrary, in any civil action under this Act alleging that a person traveled in excess of the legal speed limit in violation of section 291C-102, Hawaii Revised Statutes, after the State has met its burden of showing prima facie evidence that that the registered owner of the motor vehicle was the person who committed that violation in accordance with subsection (a), the alleged violator shall then have the burden to prove by clear and convincing evidence that the photographic information obtained from the photo speed imaging detector system is not the vehicle, the vehicle's license plate, or the face of the operator of the vehicle, in question.

SECTION 16. Failure to comply with summons or citation. If the registered owner of the vehicle does not return an answer in response to a summons or citation within a period of fifteen days upon receipt of the summons or citation, the district court shall issue, pursuant to section 291D-7(e), Hawaii Revised Statutes, a notice of entry of judgment of default to the registered owner of the vehicle.

SECTION 17. Liability for rental or U-drive vehicle. Notwithstanding any law to the contrary, if the registered owner of record is the lessor of a rental or U-drive motor vehicle, as defined in section 286-2, Hawaii Revised Statutes, pursuant to a written lease agreement, the lessee at the time of the violation shall be responsible for the summons or citation; provided that:

(1) The lessor shall be responsible for the summons or citation if the lessor does not provide the court, having jurisdiction over the summons or citation, with the name and address of the lessee within thirty days after a notice containing the date, time, and location of the violation and the license number of the vehicle is sent to the lessor; and

(2) The administrative judge of the court having jurisdiction over the summons or citation may waive the requirement of providing the name and address of the lessee and impose on the lessor an administrative fee of $50 per citation.

SECTION 18. Penalty. The penalties for all consequences of a violation for speeding initiated by the use of a photo speed imaging detector system, for disregarding a steady red signal initiated by the use of a photo red light imaging system, or for illegally crossing longitudinal traffic lane markings initiated by the use of a photo technology system shall be as provided in section 291C-161, Hawaii Revised Statutes.

SECTION 19. Request for proposals; prequalification of applicants; prohibition. (a) The department may negotiate one or more contracts to purchase, lease, rent, use, install, maintain, and operate photo red light imaging, photo speed imaging detector, or photo technology systems in any county as provided in this part. Notwithstanding any other law to the contrary, the negotiation and any contract so negotiated shall not in any way be subject to chapter 103D, Hawaii Revised Statutes.

(b) Any contract entered into under this part, at a minimum, shall be negotiated with a contractor that has the qualifications and experience necessary to carry out and expedite the performance required under the contract and the ability to comply with applicable laws and court orders.

SECTION 20. Authority to contract; duration of contract; approval as to form; contract term, renewal, and termination; exemptions. (a) The department, in consultation with county police, may contract with one or more contractors to purchase, lease, rent, use, install, maintain, and operate photo red light imaging, photo speed imaging detector, or photo technology systems as provided in this part.

(b) Notwithstanding any other law to the contrary, the contractor shall provide the following services and activities to implement the photo speed imaging detector, photo red light imaging, or photo technology systems:

(1) Equipment installation;

(2) Data processing, including custom software development and integration;

(3) Staffing and training of law enforcement personnel and other persons as necessary to provide for effective traffic enforcement;

(4) Required support services for use of video cameras, conventional cameras, or digital cameras;

(5) Image evaluation;

(6) License plate identification and verification;

(7) Review of individual motor vehicle registration records, pursuant to sections 286-45 and 286-172, Hawaii Revised Statutes, to obtain access only to the registered motor vehicle owner's name and address; provided this data shall only be used as is necessary to carry out the provisions of the contract and the purposes of this part and may not otherwise be publicly disclosed;

(8) Citation generation, processing, and tracking;

(9) Data transfer to agency and court;

(10) Violation and statistical data collection, analysis, and reporting;

(11) Twenty-four-hour support services, consulting, technical assistance, and Internet access;

(12) Community awareness and public relations services; and

(13) Any other services, activities, or equipment deemed necessary or desirable by the department or a state court to implement this part.

(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;

(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 include payments to the contractor in the form of a fee in the amount of $ , and shall not base payment to a contractor on the number or percentage of summonses or citations issued, revenues generated, or on a commission basis.

(d) No contract shall extend or be renewed beyond May 1, 2005, unless the director determines that the contract offers demonstrable benefits to the State.

(e) The director, upon demonstration that a breach of contract has occurred and that after the passage of a reasonable period of time the breach has not been cured, and without penalty to the department or any county, may cancel a contract at any time after giving three-months' prior written notice.

(f) Notwithstanding any other law to the contrary, any contracts entered into by the department with a contractor pursuant to this section shall not be subject to chapters 76 and 89, or section 46-33, Hawaii Revised Statutes.

SECTION 21. Police matters. County police are authorized and encouraged to provide oversight and all police services required for the traffic enforcement demonstration project; provided that to the extent necessary to implement this part, the powers of police officers for the enforcement of sections 291C-102, 291C-32(a)(3), and 291C-38(c), Hawaii Revised Statutes, are conferred upon the director of transportation and such of the officers, employees, agents and representatives of the department as may be designated by the director to exercise such powers. For the purposes of this section, the term "agents and representatives" includes persons performing services under contracts with the department pursuant to this part.

SECTION 22. Photo enforcement revolving fund. (a) There is established a photo enforcement revolving fund to be administered by the department of transportation. Notwithstanding any other law to the contrary, the department may expend funds from this revolving fund; provided that no expenditure shall be made from and no obligation shall be incurred against the revolving fund in excess of the amount standing to the credit of the fund.

(b) All payments to the State resulting from citations and summons authorized under section 13 shall be deposited into the photo enforcement revolving fund; provided that any interest earned shall be deposited into the general fund.

(c) The department shall use the photo enforcement revolving fund to pay contractors and purchase county police oversight and services necessary for implementation of the traffic enforcement demonstration project.

(d) Notwithstanding any other law to the contrary, the department may also use up to twenty per cent of the photo enforcement revolving fund to pay for any non-recurring state and county expenses and any temporary state positions needed to implement the traffic enforcement demonstration project and administer the revolving fund.

(e) The department shall deposit that portion of the revolving fund not needed for purposes of this section into the general fund.

SECTION 23. Fines for unauthorized disclosure. Any officer, employee, or agent of a contractor who intentionally discloses or provides a copy of personal and confidential information obtained from the State or a county to any person or agency with actual knowledge that disclosure is prohibited by the contractual or statutory provisions set forth in this part, shall be fined not more than $500,000; provided that the fine shall not preclude the application of penalties or fines otherwise provided for by law.

SECTION 24. Powers and duties not delegable to contractor. A contract entered into under this part does not authorize, allow, or imply a delegation of authority to the contractor to assume any of the powers delegated to law enforcement personnel by statute except as provided in this part.

SECTION 25. Liability and sovereign immunity. (a) The contractor shall assume all liability arising under a contract entered into pursuant to this part.

(b) Neither the sovereign immunity of the State nor the sovereign immunity applicable to a county shall extend to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract or any other application with respect to the implementation of the demonstration project under this part.

SECTION 26. Insurance. (a) The contractor shall indemnify the State and each county, including their officials and agents, against any and all liability. Proof of satisfactory insurance is required in an amount to be determined by the attorney general. The attorney general shall determine the amount and manner of the indemnification.

(b) Subject to subsection (a), the contractor shall provide an adequate plan of insurance as determined by the attorney general. In determining the adequacy of the plan, the attorney general shall determine whether the insurance is adequate to:

(1) Fully indemnify each county and the State from actions by third parties against the contractor, the county, or the State as a result of the contract;

(2) Assure the contractor's ability to fulfill its contract with each county in all respects and to assure that the contractor is not limited in this ability due to financial liability that results from judgments;

(3) Protect each county and the State against claims arising as the result of any occurrence during the term of the contract on an occurrence basis; and

(4) Satisfy other requirements specified by the State and each county.

SECTION 27. Motor vehicle insurance; increase in premiums prohibited for speeding violations. No premium on any motor vehicle insurance policy issued in this State to a Hawaii resident pursuant to chapter 431, article 10C, Hawaii Revised Statutes, shall be increased as a result of any summons or citation for traveling in excess of the legal speed limit in violation of section 291C-102, Hawaii Revised Statutes, nor shall any such summons or citation be used in any way to affect any subsequent increases, including loss of any discounts, in insurance premiums.

SECTION 28. Rules. The department shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, as may be necessary to implement this part.

SECTION 29. Report. The department, in consultation with county police, shall submit progress, interim, and final reports to the legislature as follows:

(1) The progress report shall document the progress made in implementing the demonstration project and any contract entered into with a private contractor. The progress report shall be submitted to the legislature no later than twenty days before the convening of the regular session of 2003;

(2) The interim report shall present preliminary findings about the effectiveness of the demonstration project and may include any proposed legislation necessary to facilitate mailed traffic citations. The interim report shall be submitted to the legislature no later than twenty days before the convening of the regular session of 2004; and

(3) The final report shall evaluate the effectiveness of the demonstration project, and shall include the following:

(A) The total fine revenue generated by using the photo speed imaging detector, photo red light imaging, or photo technology systems;

(B) The number of citations and summonses issued by the photo speed imaging detector, photo red light imaging, or photo technology systems;

(C) The amount paid to the contractor providing the photo speed imaging detector, photo red light imaging, or photo technology systems;

(D) The effect of the demonstration project on traffic safety;

(E) The degree of public acceptance of the project;

(F) The process of administration of the project;

(G) An evaluation of the costs and benefits of the project;

(H) A review of the effectiveness of contracts entered into under this part and the performance of the contractor;

(I) Recommendations for design or planning changes that might reduce traffic congestion on state or county highways; and

(J) Findings and recommendations as to whether to make the project permanent, expand the use of cameras and contractors for enforcement of traffic laws, or adopt another alternative.

The final report shall include any proposed implementing legislation as may be necessary, and shall be submitted to the legislature no later than twenty days before the convening of the regular session of 2005.

SECTION 30. This part shall take effect on July 1, 2002.

PART III

SECTION 31. Section 286-45, Hawaii Revised Statutes, is amended to read as follows:

"§286-45 Records of county finance director. (a) The director of finance shall file each application received and register the vehicle therein described in a record or book to be kept by the director of finance under the following headings:

(1) Vehicle registration number;

(2) Name of owner; and

(3) Vehicle identification number.

The director of finance may microfilm vehicle registration and ownership records which are a year old and may discard the original records. The director of finance may discard vehicle registration and ownership records which are older than six years.

(b) Any private contractor that has entered into a contract with the department to implement the traffic enforcement demonstration project pursuant to Act , Session Laws of Hawaii 2002, may obtain from any county finance director the names and addresses of registered motor vehicle owners, which shall be used only as is necessary to carry out the provisions of the contract and the purposes of Act , Session Laws of Hawaii 2002, and may not otherwise be publicly disclosed."

SECTION 32. Section 286-172, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Subject to authorization granted by the chief justice with respect to the traffic records of the violations bureaus of the district courts and of the circuit courts, the director of transportation shall furnish information contained in the statewide traffic records system in response to:

(1) Any request from a state, a political subdivision of a state, or a federal department or agency, or any other authorized person pursuant to rules adopted by the director of transportation under chapter 91;

(2) Any request from a person having a legitimate reason, as determined by the director, as provided under the rules adopted by the director under paragraph (1), to obtain the information for verification of vehicle ownership, traffic safety programs, or for research or statistical reports; [or]

(3) Any request from a person required or authorized by law to give written notice by mail to owners of vehicles[.]; or

(4) Any request from a private contractor that has entered into a contract with the department to implement the traffic enforcement demonstration project pursuant to Act , Session Laws of Hawaii 2002; provided that names and addresses of registered motor vehicle owners shall be used only as is necessary to carry out the provisions of the contract and the purposes of Act , Session Laws of Hawaii 2002, and may not otherwise be publicly disclosed."

SECTION 33. Section 291C-38, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Longitudinal traffic lane markings shall have the following applications:

(1) A broken white line is used to indicate the edge of the traffic lane where travel is permitted in the same direction on both sides of the line and may be crossed by vehicular traffic when the crossing can be made with safety.

(2) A broken yellow line is used to indicate the left edge of a traffic lane where traffic on the other side of the line moves in the opposite direction and may be crossed by vehicular traffic only when overtaking or passing a vehicle proceeding in the same direction or when executing a left turn and then only if the movement can be made with safety and does not interfere with traffic moving in the opposite direction.

(3) A solid white line is used to indicate the edge of the traffic lane where travel in the same direction is permitted on both sides of the line but where movement from lane to lane is considered to be hazardous. A solid white line may be crossed only in unusual circumstances and then only with great care. A double width solid white line is used to emphasize a greater degree of hazard.

(4) A solid white line is also used to indicate the right edge of the pavement.

(5) A double solid white line is used to indicate the edges of traffic lanes where travel in the same direction is permitted on both sides of the double line but where movement from lane to lane is considered to be dangerous. The crossing of a double solid white line by vehicular traffic is prohibited.

(6) A solid yellow line is used to indicate the left edge of a traffic lane where overtaking and passing on the left is prohibited. The crossing of a solid yellow line by vehicular traffic is prohibited except when the crossing is part of a left turn movement.

(7) A solid yellow line is also used to indicate the left edge of each roadway of a divided street or highway.

(8) A double solid yellow line is used to indicate the separation between lanes of traffic moving in opposite directions. The crossing of a double solid yellow line by vehicular traffic is prohibited except when the crossing is part of a left turn movement.

(9) A double line consisting of a broken yellow line and a solid yellow line is used to indicate a separation between lanes of traffic moving in opposite directions and vehicular traffic adjacent to the broken line is permitted to overtake or pass if the movement can be made with safety and does not interfere with traffic moving in the opposite direction. The crossing of this double line by vehicular traffic adjacent to the solid line is prohibited except when the crossing is part of a left turn movement.

(10) A double broken yellow line is used to indicate the edge of a reversible traffic lane where the direction of the vehicular traffic may be changed from time to time.

(11) A dotted line is used to indicate the extension of a line through an intersection or interchange. It shall be the same color as the line it extends. [~~The~~] Unless authorized by a traffic-control device or a traffic or police officer under section 291C-31, the crossing of a dotted line by vehicular traffic is subject to the same prohibitions and exceptions as are applicable to the line it extends.

(12) A solid white line when supplemented by official signs or pavement markings, is used to indicate the separation of bicycle lanes from lanes of vehicular traffic flowing in the same direction. Except as allowed under section 291C-123, vehicles other than bicycles shall be prohibited from operating in a bicycle lane."

SECTION 34. Section 291C-163, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) This chapter shall not be deemed to prevent counties with respect to streets and highways under their jurisdiction from:

(1) Regulating or prohibiting stopping, standing, or parking except as provided in section 291C-111;

(2) Regulating traffic by means of police officers or official traffic-control devices;

(3) Regulating or prohibiting processions or assemblages on the highways;

(4) Designating particular highways or roadways for use by traffic moving in one direction;

(5) Establishing speed limits for vehicles in public parks;

(6) Designating any highway as a through highway or designating any intersection as a stop or yield intersection;

(7) Restricting the use of highways;

(8) Regulating the operation and equipment of and requiring the registration and inspection of bicycles, including the requirement of a registration fee;

(9) Regulating or prohibiting the turning of vehicles or specified types of vehicles;

(10) Altering or establishing speed limits;

(11) Requiring written accident reports;

(12) Designating no-passing zones;

(13) Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic;

(14) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;

(15) Establishing minimum speed limits;

(16) Designating hazardous railroad grade crossing;

(17) Designating and regulating traffic on play streets;

(18) Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk;

(19) Restricting pedestrian crossing at unmarked crosswalks;

(20) Regulating persons propelling push carts;

(21) Regulating persons upon skates, coasters, sleds, and other toy vehicles;

(22) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions;

(23) Adopting maximum and minimum speed limits on streets and highways within their respective jurisdictions;

(24) Adopting requirements on stopping, standing, and parking on streets and highways within their respective jurisdictions except as provided in section 291C-111;

(25) Entering into an agreement with any private contractor to implement the traffic enforcement demonstration project pursuant to Act , Session Laws of Hawaii 2002; or

[~~(25)~~] (26) Adopting such other traffic regulations as are specifically authorized by this chapter."

SECTION 35. Section 291C-165, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In every case when a citation is issued, the original of the citation shall be given to the violator[~~, or in~~]; provided that:

(1) In the case of an unattended vehicle, the original of the citation shall be affixed to the vehicle as provided for in section 291C-167[~~, or in~~]; or

(2) In the case of [a]:

(A) A vehicle utilizing the high occupancy vehicle lane illegally[,]; or

(B) A traffic or other violation on a controlled access facility that is recorded through the use of a hand-held or mounted video camera, conventional camera, or digital camera that produces photographic identification of a vehicle,

the original of the citation [~~shall~~] may be sent [~~by certified or registered mail, with a return receipt that is postmarked within forty-eight hours of the time of the incident,~~] within three days of the date of the incident by certified mail, registered mail, or first class mail with a certificate of mailing obtained as evidence of service to the registered owner of the vehicle at the address on record at the vehicle licensing division [as provided in section 291C-223. If the end of the forty-eight hour period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day which is not a Saturday, Sunday, or holiday]; provided that days when the post office is not open to the public shall not be included in the calculation of the three days; provided further that the administrative judge of the district courts may allow a [~~carbon~~] copy of the citation to be given to the violator or affixed to the vehicle and provide for the disposition of the original and any other copies of the citation."

SECTION 36. Section 291C-223, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-223[]] Summons or citation for illegal use of high occupancy vehicle lane. Whenever any motor vehicle is observed operating in a high occupancy vehicle lane without the prescribed number of passengers, the officer observing the vehicle shall[:

~~(1)~~ ~~Cause~~] cause a summons or citation [~~as described in section 291C-165~~] to be issued at the scene of the violation to the operator of the vehicle[;] or

[~~(2)~~ ~~Make every reasonable effort to be seen by the operator of the vehicle and record evidence of the violation by taking any information displayed on the vehicle that may identify its~~] be sent by mail to the registered owner [~~and cause a summons or citation~~] of the vehicle as described in section 291C-165 [to be sent by certified or registered mail, with a return receipt that is postmarked within forty-eight hours of the time of the incident, to the registered owner of the vehicle at the address on record at the vehicle licensing division. If the end of the forty-eight hour period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day which is not a Saturday, Sunday, or holiday. Upon receipt, the registered owner shall be given fourteen days to respond to the summons or citation by:

~~(A)~~ ~~Paying a fine by mail; or~~

~~(B)~~ ~~Requesting a hearing be set on the matter.~~

~~A mail receipt signed by the registered owner is prima facie evidence of notification~~]."

SECTION 37. Section 431:10C-208, Hawaii Revised Statutes, is amended to read as follows:

"§431:10C-208 Increase in premiums prohibited. (a) No premium on any motor vehicle insurance policy shall be increased as a result of any [~~accident~~]:

(1) Accident if the insured is not at fault in the accident[.]; or

(2) Summons or citation for traveling in excess of the legal speed limit in violation of section 291C-102, Hawaii Revised Statutes.

(b) An accident in which the insured was not at fault, or any summons or citation for traveling in excess of the legal speed limit in violation of section 291C-102, Hawaii Revised Statutes, shall not be used in any way to affect any subsequent increases, including loss of any discounts, in insurance premiums."

PART IV

SECTION 38. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

SECTION 39. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 40. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 41. In printing this Act, the revisor of statutes shall add this Act number to sections 286-45, 286-172, and 291C-163, Hawaii Revised Statutes, as amended in sections 31, 32, and 34 of this Act.

SECTION 42. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 43. This Act shall take effect upon its approval; provided that the amendments to sections 286-45, 286-172(a), 291C-38(c), 291C-163(a), 291C-165(b), and 291C-223, Hawaii Revised Statutes, made by part III of this Act, shall take effect one day after the approval of this Act; provided that on July 1, 2005, this Act shall be repealed and sections 286-45, 286-172(a), 291C-38(c), 291C-163(a), 291C-165(b), and 431:10C-208, Hawaii Revised Statutes, are reenacted in the form in which they read on the day before the approval of this Act.