HB2033 SD2

PART I

SECTION 1. Section 249-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Upon [~~an original registration~~] a legally authorized registration, the director of finance shall fix, and shall charge to the owner, a fee equal to the cost of the number plate and tag or emblem plus the administrative cost of furnishing the plate and tag or emblem and effecting the registration. Upon the issuance of a new series of number plates as determined by the directors of finance of each county through majority consent, the director of finance shall charge the owner a fee equal to the costs of the number plate plus the administrative cost of furnishing the plates. Upon issuing a tag or emblem, the director of finance shall charge the owner a fee of 50 cents. A seller or licensed dealer shall ensure that a motor vehicle is equipped with a front number plate mounting bracket or device securely affixed to the vehicle before sale or delivery to the purchaser. The seller, licensed dealer, or owner shall securely fasten the number plates on the vehicle, one on the front and the other on the rear, at a location provided by the manufacturer or, in the absence of such a location, upon the bumpers of the vehicle and in conformance with section 291-31, in [~~such~~] a manner [~~as to prevent~~] that prevents the plates from swinging. Number plates shall at all times be displayed entirely unobscured and be kept reasonably clean. In the case of trailers, semitrailers, or motorcycles, one plate shall be used and [~~it shall be~~] fastened to the rear thereof at a location provided by the manufacturer or, in the absence of such a location, at the rear thereof, and in the case of motorcycles in conformance with section 291-31."

PART II

SECTION 2. Section 291C-103, Hawaii Revised Statutes, is amended to read as follows:

"§291C-103 Racing on highways. (a) Except as provided in section 291C-149, no person shall recklessly or negligently drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in or organize any race, competition, contest, test, street takeover, or exhibition prohibited by this section.

(b) Any person who violates this section[~~, except in the case of an exhibition of speed or acceleration,~~] shall be fined [~~not more than $500 or imprisoned not more than six months, or both. Any person who violates this section by way of an exhibition of speed or acceleration shall be fined not more than $500 or~~] $1,000 and be sentenced to perform forty hours of community service[~~, or both~~].

(c) Any person who violates this section while operating a vehicle at a speed exceeding the posted speed limit by thirty miles per hour or more shall be subject to a fine of [~~not more than~~] $2,000, a term of imprisonment of [~~not~~] no more than one year, or both[;], and be sentenced to perform eighty hours of community service; provided that the following additional penalties shall also apply:

(1) For an offense that occurs within five years of a prior conviction, a one-year license suspension;

(2) For an offense that occurs within five years of two prior convictions:

(A) A three-year license suspension; and

(B) A vehicle owned by the defendant and used in the commission of the offense which has been used in at least two prior offenses that resulted in convictions may be ordered by the court to be subject to forfeiture under chapter 712A; and

(3) For all offenses under this section, a surcharge of up to [~~$100~~] $500 may be deposited [in] into the trauma system special fund [~~if the court so orders~~].

(d) As used in this section:

"Drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

"Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires that is done to intentionally draw the attention of persons present toward the vehicle. "Exhibition of speed or acceleration" includes burnouts, donuts, drifting, wheelies, or other stunts intended to demonstrate speed or control.

"Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

"Street takeover" means the intentional obstruction of a public highway or street by using motor vehicles to facilitate a speed contest or exhibition of speed, including blocking traffic or creating a barricade."

PART III

SECTION 3. Section 291L-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291L-2[]] Automated speed enforcement systems program; established. There shall be established the automated speed enforcement systems program, which shall be implemented by the State to enforce the speed restriction laws of the State. The automated speed enforcement [~~system~~] systems program [~~shall be limited to only those locations where a photo red light imaging detector system has been implemented pursuant to chapter 291J.~~] may be implemented in any high-risk location of a state or county highway as determined by the department based on an analysis of the studies conducted pursuant to section 291L-3(c); provided that the department may consult with the judiciary regarding implementation; provided further that the judiciary shall not control or delay the department's authority to determine camera locations or implementation timelines."

SECTION 4. There is appropriated out of the state highway fund the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the automated speed enforcement systems program special fund.

SECTION 5. There is appropriated out of the automated speed enforcement systems program special fund the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the expanded implementation of automated speed enforcement systems and operation of the automated speed enforcement systems program.

The sum appropriated shall be expended by the department of transportation for the purposes of this part.

PART IV

SECTION 6. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

school bus infraction detection systems program

§ -1 Definitions. As used in this chapter:

"Department" means the department of transportation.

"Motor vehicle" has the same meaning as defined in section 286-2.

"Owner" or "registered owner" has the same meaning as defined in section 286-2.

"School bus infraction detection system" means a device or combination of devices used for traffic enforcement pursuant to this chapter that includes a camera to automatically produce and record one or more sequenced photographs, microphotographs, or video at the time that a motor vehicle fails to stop for a school bus with visual signals activated pursuant to section 291C-95.

"State" has the same meaning as defined in section 286-2.

"State highway" has the same meaning as defined in section

§ -2 School bus infraction detection system requirements. (a) A contractor may install a school bus infraction detection system on the exterior of the contractor's vehicle to record photographs, microphotographs, video, or other recorded images for proof of a violation of section 291C-95.

(b) Proof of a violation of section 291C-95 shall be evidenced by information obtained from a school bus infraction detection system authorized under this chapter. A certificate, sworn to or affirmed by the reviewing police department, or a facsimile thereof, based on the inspection of photographs, microphotographs, video, or other recorded images produced by the camera that contains a clear and unobstructed image of a motor vehicle license plate shall be prima facie evidence that the motor vehicle to which the license plate is attached is the motor vehicle for which the license plate was issued. Any photographs, microphotographs, video, or other recorded images evidencing a violation shall be available for inspection in any proceeding to adjudicate the liability for that violation.

§ -3 Facial recognition software; prohibited. (a) No school bus infraction detection system authorized under this chapter shall use or be equipped with facial recognition software or biometric identification technology.

(b) This section shall not apply to:

(1) Automated license plate reader systems; or

(2) Any non-biometric technology used to verify vehicle identity, registration status, or generate photographic evidence of a violation.

"Biometric identification" includes but is not limited to recognition of facial features, iris scans, retinal scans, fingerprints, or voice patterns.

"Facial recognition software" means technology that analyzes facial features to identify or verify the identity of an individual.

§ -4 Summons or citations. (a) Notwithstanding any other law to the contrary and except as provided otherwise by this chapter, beginning January 1, , when any motor vehicle is determined, by means of a school bus infraction detection system, to have violated 291C-95, a third-party contractor shall cause a summons or citation, as described in this section, to be sent by first class mail to the registered owner of the motor vehicle. The summons or citation shall be mailed to the registered owner's address on record at the vehicle licensing division and submitted to the post office within ten calendar days after the date of the incident. The third-party contractor shall implement a process to record the date on which summons or citation was submitted to the post office and the record shall be prima facie evidence of the date the summons or citation was submitted to the post office. If the end of the ten-day calendar period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day that is not a Saturday, Sunday, or holiday.

(b) The form and content of the summons or citation shall be adopted or prescribed by the administrative judge of the district courts and shall be printed on a form commensurate with the form or 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; provided that any summons or citation issued pursuant to a violation detected by a school bus infraction detection system shall contain a clear and unobstructed image of the motor vehicle license plate that shall be used as evidence of the violation.

(c) Every summons or citation shall be consecutively numbered and each copy thereof shall bear the number of its respective original.

(d) Before mailing the summons or citation for a traffic infraction pursuant to subsection (a), the applicable county police department shall review and verify the clear and unobstructed image of the license plate of the motor vehicle required under subsection (b).

(e) Upon receipt of the summons or citation the registered owner shall answer as provided for in section 291D-6. A record of the mailing of the summons or citation prepared in the ordinary course of business shall be prima facie evidence of the notification. The registered owner shall be determined by the identification of the motor vehicle license plate.

(f) Procedures regarding answering a notice, court hearings, and court actions shall be pursuant to sections 291D‑6, 291D-7, 291D-8, and 291D-13; provided that it shall be a defense to any prosecution for a violation of section 291C-95 as evidenced by information contained from a camera on the exterior of a school bus authorized under this chapter that the camera was malfunctioning at the time of the alleged violation;

provided further that it shall not be a defense of any citation issued under this chapter that another person was driving the defendant's motor vehicle at the time of incident, unless the motor vehicle was stolen as documented by a police report; provided further that any reference to the defendant's commission of the traffic infraction or similar language shall be interpreted to mean commission of the traffic infraction.

§ -5 Registered owner's liability for a summons or citation. In any proceeding for a violation of this chapter the information contained in the summons or citation that is mailed pursuant to section -4 shall be deemed prima facie evidence that a violation of section 291C-95 occurred. The registered owner shall be strictly liable for a violation of section 291C‑95.

§ -6 Failure to comply with a summons or citation. If the registered owner of the motor vehicle fails to respond to a summons or citation within thirty days from the date of the mailing of the summons or citation, the district court shall issue, pursuant to section 291D-7(e), a notice of entry of judgement of default to the registered owner of the motor vehicle.

§ -7 Liability for rental or U-drive motor vehicle. Notwithstanding any other law to the contrary, the registered owner on record who is the lessor of a rental or U-drive motor vehicle, including those defined in section 286-2, shall not be liable for any summons or citation issued under this chapter if the registered owner provides the issuer of the summons or citation with accurate contact information for the applicable renter or lessee to allow the issuer to pursue action against the applicable renter or lessee in accordance with this chapter.

§ -8 Penalties. (a) Any penalty for a violation of overtaking and passing a school bus through a school bus infraction detection system shall be imposed in accordance with section 291C-161.

(b) Any summons or citation issued under this chapter or convictions resulting from this chapter shall not be recorded on a person's traffic abstract and shall not be used for insurance purposes in the provision of motor vehicle insurance coverage.

§ -9 Fines for unauthorized disclosure. All personal and confidential information made available by a school bus infraction detection system to an officer, employee, or agent of the State or any county, including third party contractors, shall be kept confidential and be used only for the purposes for which the information was furnished. Any office, employee, or agent of the State or any county, including a third party contractor, who intentionally discloses or provides a copy of personal and confidential information obtained from a school bus infraction detection system to any person or agency without authorization shall be fined not more than $500; provided that the fine shall not preclude the application of penalties or fines otherwise provided for by law.

§ -10 Rules. The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this chapter."

SECTION 7. Notwithstanding any law to the contrary, upon approval of this Act, the department of transportation shall commence with the adoption of rules pursuant to chapter 91, Hawaii Revised Statutes, to carry out the purposes of the new chapter established in section 6 of this Act.

SECTION 8. Section 291C-95, Hawaii Revised Statutes, is amended to read as follows:

"§291C-95 Overtaking and passing school bus. (a) Whenever a school bus is stopped on a highway or road in a residential area with its visual signals actuated as described in subsection (g), the driver of any motor vehicle on the same highway or road in a residential area in the lane occupied by the school bus and all lanes adjacent to the lane occupied by the school bus, regardless of the direction of traffic in those lanes, shall stop the driver's vehicle [~~not~~] no less than twenty feet from the school bus and shall not proceed until the school bus resumes motion and the visual signals are turned off.

(b) Subsection (a) shall not apply to a vehicle when the school bus and the vehicle are on different roadways; [~~except~~] provided that where a highway or road in a residential area has been divided into two or more lanes by an intervening space, a physical barrier, or a clearly indicated dividing section, subsection (a) shall apply to all drivers of motor vehicles in all lanes on the same side as a school bus [~~which~~] that is stopped with visual signals actuated as required under subsection (c).

(c) The driver of the school bus shall actuate the visual signals described in subsection (g) only when the school bus is stopped for the purpose of receiving or discharging school children.

(d) The front and rear of every school bus shall be marked with the words "SCHOOL BUS" in plainly visible letters [~~not~~] no less than eight inches in height and strokes [~~not~~] no less than three-fourths of an inch in width.

(e) No vehicle, other than a school bus, shall display a "SCHOOL BUS" sign.

(f) When a school bus is being operated upon a highway for purposes other than as an incident to the transportation of children, all marking thereon indicating "SCHOOL BUS" shall be covered or concealed.

(g) The visual signals actuated as required under subsection (c) shall consist of four red signal lamps meeting the following requirements:

(1) Two lamps shall face forward and two shall face the rear;

(2) The two forward lamps shall flash alternately and shall be mounted at the same level, but as high and as widely spaced as practical;

(3) The two rear lamps shall flash alternately and shall be mounted at the same level but as high and as widely spaced as practical; and

(4) Each of the lamps shall be of sufficient intensity as to be plainly visible at a distance of five hundred feet in normal sunlight and shall be capable of being actuated from the driver's seat by a single switch.

(h) Any person who violates this section shall be fined not more than $500 or sentenced to perform community service, or both; provided that any person who violates subsection (a) on a state highway shall be fined not more than $1,000 or sentenced to perform community service, or both.

(i) Whenever a school bus is actively monitored by a school bus infraction detection system under chapter , each registered owner of a motor vehicle on the same highway or road in a residential area in the lane occupied by the school bus and all adjacent lanes, regardless of the direction of traffic in those lanes, shall be held strictly liable for the motor vehicle's compliance with subsection (a), to the extent that registered owners may be cited and held accountable for non‑compliance via civil traffic infractions imposed pursuant to chapter 291C. To the extent that a registered owner's motor vehicle fails to comply with any other law or ordinance, the registered owner of the vehicle shall not be held strictly liable unless otherwise provided by law."

SECTION 9. Section 302A-407, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any school bus contract between the State and the contractor shall include a provision requiring the contractor to equip the contractor's vehicles with the signs and visual signals described in section 291C-95(d) and (g)[.] and authorizing the contractor to equip a school bus infraction detection system on the exterior of the contractor's vehicles pursuant to chapter . The contract shall also include other provisions as may be deemed necessary by the State for the safety of school bus passengers and shall include provisions requiring compliance with the rules and standards described in section 286-181."

SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the department of education to provide funding for the installation of school bus infraction detection systems.

The sum appropriated shall be expended by the department of education for the purposes of this part.

PART V

SECTION 11. Section 291J-12, Hawaii Revised Statutes, is amended to read as follows:

"§291J-12 Photo red light imaging detector systems program special fund established. (a) There is established a photo red light imaging detector systems special fund to be administered by the [~~department,~~] department's motor vehicle safety office, into which shall be paid revenues collected pursuant to this chapter.

(b) All fines collected under this chapter shall be deposited into the photo red light imaging detector systems program special fund. Moneys in the fund shall be expended by the [~~department~~] department's motor vehicle safety office in the county in which the fine was imposed, for purposes that include the establishment, operation, oversight, repair, and maintenance of a photo red light imaging detector system and implementation of the photo red light imaging detector system program."

SECTION 12. Section 291L-10, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291L-10[]] Automated speed enforcement systems program special fund; established. (a) There is established in the state treasury an automated speed enforcement systems program special fund to be administered by the [~~department,~~] department's motor vehicle safety office, into which shall be deposited all fines collected pursuant to this chapter and section 291C-108.

(b) Moneys in the automated speed enforcement systems program special fund shall be expended by the [~~department~~] department's motor vehicle safety office in the county in which the fine was imposed, for the establishment, implementation, operation, oversight, management, maintenance, and repair of an automated speed enforcement system and implementation of the automated speed enforcement systems program."

PART VI

SECTION 13. Section 291C-32, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, and actively monitored by an official photo red light imaging detector system, all registered owners of all motor vehicles in vehicular traffic at the intersection shall be held strictly liable for the motor vehicle's compliance with the traffic-control signal, to the extent that registered owners may be cited and held accountable for non-compliance [~~via civil traffic infractions~~] pursuant to chapter 291J. The traffic-control signal lights shall apply to the registered owners of motor vehicles as follows:

(1) Steady red indication:

(A) Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop line or, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown, except as provided in subparagraphs (B) and (C)[.];

(B) Vehicular traffic that is stopped in obedience to a steady red indication may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection[~~, except~~]; provided that counties by ordinance may prohibit any right turn against a steady red indication, which ordinance shall be effective when a sign is erected at the intersection giving notice thereof[.]; and

(C) Vehicular traffic on a one-way street that intersects another one-way street on which traffic moves to the left shall stop in obedience to a steady red indication but may then make a left turn into the one-way street, but shall yield right-of-way to pedestrians proceeding as directed by the signal at the intersection[~~, except~~]; provided that counties by ordinance may prohibit any left turn against a steady red indication, which ordinance shall be effective when a sign is erected at the intersection giving notice thereof[.]; and

(2) To the extent a registered owner's motor vehicle fails to comply with any other law or ordinance related to traffic-control signals, including subsection (a)(1) or (2), the registered owner of a motor vehicle shall not be held strictly liable unless otherwise provided by law."

SECTION 14. Section 291C-108, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Whenever a motor vehicle travels through a location actively monitored by an automated speed enforcement system, all registered owners of all motor vehicles in vehicular traffic shall be held strictly liable for their motor vehicle's compliance with the maximum speed limit, to the extent that registered owners may be cited and held accountable for their motor vehicle traveling at a speed [~~not~~] no less than five miles per hour over the posted maximum speed limit[~~, via civil traffic infractions~~] pursuant to chapter 291L. The department may increase the minimum speed threshold for issuance of a citation pursuant to administrative rules adopted pursuant to chapter 91."

SECTION 15. Section 291C-161, Hawaii Revised Statutes, is amended to read as follows:

"§291C-161 Penalties[~~; photo red light imaging detector system fines; automated speed enforcement system fines~~]. (a) It shall be a violation for any person to violate any of the provisions of this chapter, except as otherwise specified in subsections (c) and (d) and unless the violation is by other law of this State declared to be a felony, misdemeanor, or petty misdemeanor.

(b) Except as provided in subsections (c) and (d), every person who is determined to have violated any provision of this chapter for which another penalty is not provided shall be fined [~~not~~] no more than:

(1) $250 for a first violation thereof;

(2) $300 for a second violation committed within one year after the date of the first violation; and

(3) $500 for a third or subsequent violation committed within one year after the date of the first violation.

(c) Every person convicted under or found in violation of section 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14, 291C‑15, 291C-16, 291C-72, 291C-73, 291C-95, 291C-102, 291C-103, 291C-104, or 291C-105 shall be sentenced or fined in accordance with those sections.

(d) Every person who violates section 291C-13 or 291C-18 shall:

(1) Be fined [~~not~~] no more than $250 or imprisoned [~~not~~] no more than ten days for a first conviction thereof;

(2) Be fined [~~not~~] no more than $300 or imprisoned [~~not~~] no more than twenty days or both for conviction of a second offense committed within one year after the date of the first offense; and

(3) Be fined [~~not~~] no more than $500 or imprisoned [~~not~~] no more than six months or both for conviction of a third or subsequent offense committed within one year after the date of the first offense.

(e) The court may assess a sum not to exceed $50 for the cost of issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person for any traffic violation.

[(f) Fines collected for a violation of section 291C-32(c) pursuant to the photo red light imaging detector system established pursuant to chapter 291J shall be deposited into the photo red light imaging detector systems program special fund established under section 291J-12 and shall be expended in the county in which the fine was imposed, for purposes that include the establishment, implementation, operation, oversight, management, repair, and maintenance of a photo red light imaging detector system.

(g) Notwithstanding any other law to the contrary, fines collected pursuant to chapter 291L and section 291C-108 shall be deposited into the automated speed enforcement systems program special fund established under section 291L-10 and shall be expended in the county in which the fine was imposed, for purposes that include the establishment, implementation, operation, oversight, management, maintenance, and repair of an automated speed enforcement system and implementation of the automated speed enforcement systems program.

~~(h)~~] (f) The court may require a person who violates any of the provisions of this chapter to attend a course of instruction in driver retraining as deemed appropriate by the court, in addition to any other penalties imposed."

SECTION 16. Section 291C-194, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who is convicted of violating this section shall be subject to penalties as provided under section 291C‑161(b) and [~~(h).~~] (f)."

PART VII

SECTION 17. Section 286-26, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) The director of transportation shall adopt necessary rules for the administration of inspections and the issuance of certificates of inspection; provided that the rules shall:

(1) At a minimum, require inspections to ensure that a vehicle or moped is not equipped with a muffler or exhaust system that fails to comply with section 291‑24 or 291-24.5, as applicable; [~~and~~]

(2) Include head lamp requirements that adhere to the specifications pursuant to section 291-25(a), as applicable[.]; and

(3) For a passenger car, allow for mobile vehicle safety inspections to be conducted at any location as determined by the vehicle owner and inspector."

PART VIII

SECTION 18. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 20. This Act shall take effect on July 1, 3000; provided that sections 6, 8, and 9 shall take effect on July 1, 2028.

HOUSE OF REPRESENTATIVES	H.B. NO.	2033
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 2