SB2962

Report Title:

Traffic Enforcement Demonstration Project; Speeding

Description:

Amends the traffic enforcement demonstration project by repealing only those provisions relating to photo speed imaging detectors, which are used to identify vehicles that are speeding, but retains provisions relating to running red lights and illegally crossing longitudinal traffic lane markings.

THE SENATE	S.B. NO.	2962
TWENTY-FIRST LEGISLATURE, 2002
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 there has been an enormous public outcry against the recently implemented traffic enforcement demonstration project, which was enacted by Act 234, Session Laws of Hawaii 1998, as amended, which was designed to improve traffic safety in the State.

In particular, the legislature finds that allegations have been made that the portion of the project that was designed to address speeding on Hawaii's public roads, and the use of photo speed imaging detectors to detect and photograph speeders, has resulted in the overall impairment, rather than improvement, of traffic conditions on those roads and highways on which detectors have been deployed.

Others contend that the private contractors who operate the photo speed imaging detectors are more interested in catching as many speeders as possible, thereby increasing the profits that they make on their contracts with the State, than in seeking to improve traffic safety.

Moreover, the private contractor that developed the traffic enforcement project offered in its contract proposal to organize and run an extensive community relations campaign tailored to the State, which would have included everything from community meetings to television advertisements about the project. However, the State apparently insisted on taking the lead in a more limited public awareness campaign, relegating the company to a behind-the-scenes role.

Critics of the project have noted that the department of transportation should have conducted a more extensive public education campaign prior to the implementation of the project to increase public awareness and acceptance. Moreover, the department should have also conducted a comprehensive review of existing speed limits on all affected roads and highways prior to implementing the project.

Accordingly, the purpose of this Act is to repeal those provisions of the traffic enforcement demonstration project that relate to the use of photo speed imaging detectors to detect and photograph speeders.

However, the identification of speeders is only one part of the traffic enforcement demonstration project. The legislature finds that the other two significant provisions of the project, namely, those relating to photo red light imaging devices, which are designed to identify vehicles that run red lights, and photo technology systems, which are designed to identify vehicles that illegally cross longitudinal traffic lane markings, should be retained.

The legislature finds that both of these innovations continue to remain important means to improve traffic safety and prevent needless deaths and injuries on Hawaii's roads. Upon the termination of the demonstration project, the department of transportation is required to report to the legislature regarding the degree of public acceptance of the project, an evaluation of the project's costs and benefits, and the overall effectiveness of the project.

PART I

SECTION 2. Act 234, Session Laws of Hawaii 1998, section 1, as amended by Act 240, Session Laws of Hawaii 2000, section 8, is amended to read as follows:

"SECTION 1. The legislature finds that traffic violations in Hawaii, especially on the island of Oahu, have become intolerable, particularly the [~~offenses of speeding and~~] offense of running red lights. [~~Both of these violations endanger~~] This violation endangers the lives of residents and [~~compound~~] compounds 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~~] a recent technological [~~innovations~~] innovation that [~~address~~] addresses the hazards caused by [~~speeding and~~] disregarding red lights [~~have~~] has already been in place and demonstrated [~~their~~] its reliability and effectiveness in other jurisdictions--namely, [~~photo speed imaging detector and~~] the photo red light imaging [~~systems.~~] system. The legislature finds that [~~these innovations--both of which are~~] innovation--which is completely automated--[~~are~~] is appropriate for Hawaii's increasingly deteriorating traffic conditions, and [~~are~~] is 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~~] Under 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~~] 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~~] 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~~] the photo red light imaging [~~systems~~] system 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~~] the photo red light imaging [~~systems,~~] system, 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~~] system 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~~] various traffic enforcement 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 Act 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~~] the photo red light imaging [~~systems have~~] system has 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~~] the photo red light imaging [~~systems~~] system 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.

The purpose of this Act is to:

(1) Establish a demonstration project in selected areas on state or county highways to provide for the implementation of [~~photo speed imaging detector and~~] a photo red light imaging [~~systems~~] system to improve traffic enforcement; and

(2) Allow the department of transportation to contract with appropriate providers of [~~these systems~~] this system 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 Act; and

SECTION 3. Act 263, Session Laws of Hawaii 1999, is amended by amending section 1A to read as follows:

"SECTION 1A. The legislature 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. However, the intent of the legislature is that these photo and video surveillance cameras or systems shall not be used for the purpose of producing photographic identification of vehicles traveling in excess of the legal speed limit."

SECTION 4. Act 234, Session Laws of Hawaii 1998, part II, consisting of sections 5 to 23, as amended by Act 263, Session Laws of Hawaii 1999, section 7, and Act 240, Session Laws of Hawaii 2000, sections 6, 7, and 9 to 20, is amended to read as follows:

"PART II

SECTION 5. Definitions. As used in this Act, unless the context otherwise requires:

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

"County" means the council, the mayor, or other person having the authority to enter into a contract pursuant to this Act 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 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 6. Traffic enforcement demonstration project. (a) Subject to this Act, the department may establish a 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 Act. 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 a photo red light imaging [~~or photo speed imaging detector systems,~~] system, 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 7. Photo speed imaging detector system. (a) Subject to this Act, 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 Act. 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.

(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. 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 10 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 Act; 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 8. Photo red light imaging system. (a) Subject to this Act, 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 Act. 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 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. 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 10 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 8A. Photo technology systems. (a) Subject to this Act, 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 Act. 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 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. 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 10 of this Act 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 Act;

(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 9. 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 a photo red light imaging [~~and photo speed imaging detector systems~~] system shall be placed and maintained to advise drivers of the existence and operation of [~~those systems.~~] that system.

SECTION 10. 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)~~] (2) 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 11. Registered owner's responsibility for a summons or citation. In any proceeding for a violation of this Act, the information contained in the summons or citation mailed in accordance with section 291C-165(b), Hawaii Revised Statutes, or section 10 of this Act shall be deemed evidence that the registered vehicle violated section 291C-32(a)(3)[,] or 291C-38(c), [~~or 291C-102,~~] Hawaii Revised Statutes.

SECTION 12. Prima facie evidence. (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[,] or 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 10 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 10 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 14 of this Act.

SECTION 13. 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 14. 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 15. 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 16. Request for proposals; prequalification of applicants; prohibition. (a) The department shall develop a request for proposals 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 Act. The request for proposals and all aspects of the contract shall be subject to chapter 103D, Hawaii Revised Statutes.

(b) Qualification of applicants under this section shall be determined by the department before the commencement of the selection process; provided that any contract entered into under this Act, at a minimum, shall be negotiated with a contractor that has the qualifications and experience necessary to carry out and expedite the terms of the contract and the ability to comply with applicable laws and court orders.

(c) A bidder or prospective bidder shall not have any contract with any member or employee of or consultant to any governmental entity responsible for awarding any contract under this Act from the time a request for proposals is issued until the time a contract is awarded, except if that contract is in writing or in a meeting for which notice was given as prescribed by law.

SECTION 17. 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 Act.

(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 Act 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 Act.

(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.

(d) No contract shall extend or be renewed beyond May 1, 2003, 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[~~, 77,~~] and 89, or section 46-33, Hawaii Revised Statutes.

SECTION 17A. 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 Act, 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 Act.

SECTION 17B. 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 10 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 18. 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 Act, 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 19. Powers and duties not delegable to contractor. A contract entered into under this Act 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 Act.

SECTION 20. Liability and sovereign immunity. (a) The contractor shall assume all liability arising under a contract entered into pursuant to this Act.

(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 Act.

SECTION 21. 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 22. Rules. The department shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, as may be necessary to implement this Act.

SECTION 23. 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 2000;

(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 2001; 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 Act 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 2002."

PART II

SECTION 5. Section 286-45, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any private contractor that has entered into a contract with the department to implement the traffic enforcement demonstration project pursuant to section 5 et seq. of 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~~], 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 234, Session Laws of Hawaii 1998, as amended [~~by Act 263, Session Laws of Hawaii 1999, and Act 240, Session Laws of Hawaii 2000~~], and may not otherwise be publicly disclosed."

SECTION 6. 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;

(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 section 5 et seq. of 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~~]; 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 234, Session Laws of Hawaii 1998, as amended [~~by Act 263, Session Laws of Hawaii 1999, and Act 240, Session Laws of Hawaii 2000~~], and may not otherwise be publicly disclosed."

SECTION 7. 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 section 5 et seq. of 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~~]; or

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

SECTION 8. Act 234, Session Laws of Hawaii 1998, is amended by amending section 29 to read as follows:

"SECTION 29. This Act shall take effect on July 1, 1998; provided that on July 1, 2003, this Act shall be repealed and [~~sections~~]:

(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 9. All summonses and citations issued before the effective date of this Act pursuant to section 10(a)(2) of Act 234, Session Laws of Hawaii 1998, as amended, for noncompliance with the legal speed limit in violation of section 291C-102, Hawaii Revised Statutes, shall remain valid and are not otherwise affected by the repeal of that Act.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________