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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2031 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§26- Department of transportation; administrative hearings division. (a) There is established within the department of
transportation the administrative hearings division to conduct administrative
hearings pursuant to chapter 91 for matters under the jurisdiction of the
department of transportation, including:
(1) Automated
traffic citations issued pursuant to chapters 291J and 291L;
(2) Oversized and
overweight vehicles on state highways;
(3) Commercial
driver's license appeals;
(4) On-demand taxi
services at public airports;
(5) Transportation
network company permit appeals;
(6) Airport and
harbor matters, including concession disputes; and
(7) Highway
encroachments.
(b) The director of transportation shall appoint
a hearings officer or officers not subject to chapter 76 to hear and decide any
case or controversy regarding matters under the jurisdiction of the department
of transportation. The hearing officer
shall have the power to issue subpoenas, administer oaths, hear testimony, find
facts, and make conclusions of law and recommend a decision.
(c) The department of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."
SECTION 2. Chapter 279J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§279J- Administrative
hearing. (a)
Any person or transportation network company aggrieved by a decision by
the department taken pursuant to this chapter may request an administrative
hearing conducted pursuant to chapter 91.
(b) A
request for an administrative hearing shall be filed with the administrative
hearings division of the department within thirty days after receipt of the
order, notice, or decision being contested.
(c) A
decision of the administrative hearings division under this section shall
constitute a final decision and order under chapter 91, subject to judicial
review pursuant to section 91-14."
SECTION 3. Chapter 291J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291J- Appeals. (a) Any person issued a citation pursuant to this
chapter may contest the citation by submitting a request for an administrative
hearing conducted pursuant to chapter 91 to the administrative hearings
division of the department within thirty days after the date the citation was
received.
(b) A
decision of the administrative hearings division under this section shall
constitute a final decision and order under chapter 91, subject to judicial
review pursuant to section 91-14."
SECTION 4. Chapter 291L Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291L- Appeals. (a) Any person issued a citation pursuant to this
chapter may contest the citation by submitting a request for an administrative
hearing conducted pursuant to chapter 91 to the administrative hearings
division of the department within thirty days after the date the citation was
received.
(b) A
decision of the administrative hearings division under this section shall
constitute a final decision and order under chapter 91, subject to judicial
review pursuant to section 91-14."
SECTION 5. Section 261-13, Hawaii Revised Statutes, is amended to read as follows:
"§261-13 Orders, notice, and opportunity for hearings,
judicial review. (a)
Every order of the director of transportation requiring performance of
or desistance from certain acts or compliance with certain requirements and any
denial or revocation of an approval, certificate, or license or refusal of a
renewal thereof shall be:
(1) In the form required by section 91-12;
(2) Made only after reasonable notice and an opportunity to be heard in conformity with chapter 91; and
(3) Served upon the persons affected either by registered or certified mail with return receipt requested or in person.
(b)
In every case where reasonable notice and opportunity for hearing are
required under this section, the director shall, on not less than five days'
notice personally served, or seven days' notice by registered or certified mail
(to be computed from the date of mailing of the notice), specify the matters
prescribed in section 91-9; provided that in cases of emergency where the
public interest so requires the amount of notice may be shortened, or a
temporary order may be issued pending the holding of the hearing. To the extent practicable, hearings on these
matters shall be held in the county where the affected person resides or does
business.
(c)
Any person aggrieved by an order of the director or by the grant,
denial, or revocation of any approval, license, or certificate, or refusal of a
renewal thereof, may [obtain a review thereof] request an administrative hearing
conducted by the administrative hearings division of the department of
transportation pursuant to section 26- .
(d) A
request for an administrative hearing shall be filed with the administrative
hearings division of the department within thirty days after receipt of the
order, notice, or decision being contested.
(e) A
decision of the administrative hearings division of the department of
transportation under this section shall constitute a final decision and order
under chapter 91, subject to judicial review pursuant to section 91-14.
(f)
Any person aggrieved by the final decision of the administrative
hearings division may obtain a review thereof by the circuit court of the
circuit in which that person resides or does business in the manner provided in
chapter 91 for review of orders in contested cases. Upon application of either party, the court
may assign the appeal for hearing at the earliest possible date.
Appeals may be taken and had in the manner
provided for a review of a civil judgment of a circuit court.
Upon the final termination of any judicial review, the director shall enter an order or take other action in accordance with the mandate of the court."
SECTION 6. Section 286-241.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§286-241.6[] Appeal
to circuit court.] Appeals. Any
suspension, revocation, or cancellation of a commercial driver's license under
section 286-241.4 may be appealed to the [circuit court in which the
applicant or licensee resides] administrative hearings division of the
department of transportation by filing a notice of appeal [in that court]
within thirty days after being notified of the suspension, revocation, or
cancellation. The appeal shall not
operate as a stay to the order or decision appealed from. The appeal shall be subject to procedures and
rules as may be prescribed by the [court] administrative hearings
division and the decision [of the court] shall be final except as
otherwise provided in chapter 91."
PART II
SECTION 7. Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§139- Law enforcement vehicle dashboard cameras; requirements. (a) Beginning January 1, 2027, each state or
county motor vehicle bearing an inscription pursuant to section 105‑6
or 105‑7 and operated by a law enforcement agency in the State as well as
any subsidized vehicle used by a law enforcement officer while on official duty
shall be equipped with a functioning dashboard camera capable of recording
video and audio of all law enforcement activities conducted during traffic
stops, arrests, and other enforcement actions.
(b)
Each law enforcement agency shall establish policies and procedures to
ensure that:
(1) Dashboard
cameras are automatically activated during law enforcement encounters;
(2) Recordings are
retained for no less than ninety days; and
(3) Recordings are
subject to disclosure consistent with chapter 92F.
(c) Each law enforcement agency shall submit an
annual report to the legislature no later than twenty days prior to the
convening of each regular session on the law enforcement agency's
implementation and operation of dashboard camera systems.
(d) The attorney general shall provide oversight
for the use of dashboard cameras by law enforcement agencies pursuant to this
section."
PART III
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DOT; Administrative Hearings Division; Administrative Hearings; Highways; Airports; Harbors; Photo Red Light Imaging Detector Systems; Speed Enforcement Systems; Commercial Driver's Licenses; On-Demand Taxi Services; Transportation Network Companies; Law Enforcement Agency; Police; Vehicle; Dashboard Camera; Requirement
Description:
Part I: Establishes the Administrative Hearings Division with the Department of Transportation and transfers certain administrative hearing powers to the Division, including matters related to automated red light camera and speed enforcement traffic citations, oversized and overweight vehicles on state highways, commercial driver's license appeals, on-demand taxi services at airports, transportation network company permit appeals, airport and harbor matters, and highway encroachments. Part II: Beginning 1/1/2027, requires all marked vehicles operated by law enforcement agencies in the State and subsidized vehicles of law enforcement officers to be equipped with functioning dashboard cameras. Requires each law enforcement agency to establish policies and procedures and submit an annual report to the Legislature. Requires the Attorney General to provide oversight for the use of dashboard cameras by law enforcement agencies.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.