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THE SENATE |
S.B. NO. |
3157 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
C.D. 1 |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(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."
SECTION 2. Section 291L-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The State shall establish and implement, in accordance with this chapter, an automated speed enforcement system imposing monetary liability on the registered owner of a motor vehicle for violations of section 291C-108. The State shall provide for the:
(1) Procurement, location, and oversight of an automated speed enforcement system; and
(2) Installation,
operation, maintenance, and repair of the automated speed enforcement system
through a third-party contractor[.];
provided that the department may reissue procurement for the automated
speed enforcement system every five years; provided further that this provision
shall not apply to any contract for the operation of the automated speed
enforcement systems program executed before July 1, 2026. Upon the expiration of any contract,
including all renewal terms exercised thereunder, any subsequent procurement
and contract shall comply with the requirements of this section. Where the automated speed enforcement system
affects county property, the department shall cooperate with and assist the
county as needed to install, maintain, and repair the automated speed
enforcement system established pursuant to this chapter."
SECTION 3. 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, 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 [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.
(c) All unencumbered and unexpended moneys in excess of $12,000,000 remaining in the automated speed enforcement systems program special fund at the close of June 30 of each year shall lapse to the credit of the state general fund."
PART II
SECTION 4. Section 291J-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§291J-2[]] Photo red light imaging detector systems program;
established. There is established the photo red
light imaging detector systems program to enforce the traffic-control signal
laws of the State, which may be implemented by the State or any county following
completion of a pilot program in the city and county of Honolulu, on any state
or county highways within the respective county[.]; provided that the
photo red light imaging detector systems program shall be subject to the
expansion limitations pursuant to section 291L-2(b). Nothing in this chapter shall be deemed to
supersede or override any provision of chapter 291D."
SECTION 5. Section 291L-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§291L-2[]] Automated speed enforcement systems
program; established. (a) 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.] any county with a population of five hundred thousand or
more and 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).
(b) The expansion of the automated speed
enforcement program and the photo red light imaging detector systems program
established pursuant to chapter 291J shall be subject to the following
limitations:
(1) The department shall implement new
enforcement systems at not more than ten new locations per calendar year. For the purposes of calculating this annual
limit, a single location or intersection shall be counted as one location,
regardless of whether it is equipped with an automated speed enforcement
system, a photo red light imaging detector system, or both; and
(2) The department shall implement new
enforcement systems at not more than two new locations within any single state
senatorial district during any calendar year, utilizing the same counting
method established in paragraph (1).
(c) 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."
PART III
SECTION 6. Section 291J-1, Hawaii Revised Statutes, is amended by amending the definition of "county" to read as follows:
""County"
means [the counties of Hawaii, Kauai, and Maui, and the city and county of
Honolulu.] any county having a population of five hundred thousand or
more."
PART IV
SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
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.
Report Title:
Department of Transportation; Transportation; Automated Speed Enforcement System; Procurement; Automated Speed Enforcement Systems Program Special Fund; High-risk Locations; Counties; Photo Red Light Imaging Detector Systems Program
Description:
Removes county-specific expenditure restrictions for funds in the Automated Speed Enforcement Systems Program Special Fund. Authorizes the Department of Transportation to reissue procurement for the Automated Speed Enforcement Systems Program every five years. Requires unencumbered and unexpended revenues from the Automated Speed Enforcement Systems Program Special Fund in excess of a $12,000,000 as of June 30 of each year to lapse to the general fund. Part II: Limits the Automated Speed Enforcement Systems Program to counties with a population of five hundred thousand or more. Expands the Automated Speed Enforcement Systems Program to high-risk locations of state or county highways as determined by the Department of Transportation, under certain conditions. Provides restrictions for the expansion of the Automated Speed Enforcement Systems Program and Photo Red Light Imaging Detector Systems Program. Part III: Amends the definition of "county" as it relates to the Photo Red Light Imaging Detector Systems Program. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.