HB2031 HD1

PART I

SECTION 1. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:

"§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and any other transportation facilities and activities as may be authorized by law.

(b) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include but not be limited to alternate work and school hours programs, bicycling programs, and ridesharing programs.

(c) The department shall develop and promote ridesharing programs that shall include but not be limited to carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.

(d) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.

(e) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.

(f) Notwithstanding any law to the contrary, the department of transportation may:

(1) Acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of:

(A) Climate mitigation and adaptation;

(B) Noise and visual buffer zones and barriers;

(D) This section; or

(E) Title 15;

(2) Own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and

(3) Sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation;

provided that for the purposes of this subsection, the director of transportation shall be authorized to exercise all the powers vested in the board of land and natural resources for functions subject to chapter 171; provided further that if state lands, other than public lands, under the control and management of another department or agency are required by the department of transportation for the purposes of this section or title 15, the department or agency having control and management of the required lands shall, upon a request by the department of transportation and with the approval of the governor, transfer title to or lease those lands to the department of transportation under terms and conditions as may be agreed to by the parties.

(g) 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 for which an administrative hearing pursuant to chapter 91 has been specified.

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 for which an administrative hearing pursuant to chapter 91 has been specified. Each hearing officer shall have the power to issue subpoenas, administer oaths, hear testimony, find facts, and make conclusions of law and recommend a decision."

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) A transportation network company 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 two new sections to be appropriately designated and to read as follows:

"§291J- Administrative hearing. (a) Any person may request an administrative hearing conducted pursuant to chapter 91.

(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.

§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 two new sections to be appropriately designated and to read as follows:

"§291L- Administrative hearing. (a) Any person may request an administrative hearing conducted pursuant to chapter 91.

(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.

§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 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~~] request for administrative hearing with the administrative hearings division of the department 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 6. Section 291J, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Director" means the director of transportation.

"Reviewing entity" means a county police department or authorized employee of the department of law enforcement."

SECTION 7. 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. [~~Nothing in this chapter shall be deemed to supersede or override any provision of chapter 291D.~~]"

SECTION 8. Section 291J-4, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) If the State or a county establishes a red light imaging detector system under this chapter, the compensation paid by the State or county to a manufacturer or vendor of the equipment used shall be based upon the value of the equipment and services provided or rendered in support of the photo red light imaging detector system, and shall not be based upon a portion of the [~~fine or civil~~] administrative penalty imposed or the revenue generated by the equipment."

2. By amending subsection (e) to read:

"(e) During the first thirty days of operation of an individual photo red light imaging detector system at a particular traffic signal, a warning shall be issued for any violation of section 291C-32(c), and mailed to the registered owner of the motor vehicle at the address on record at the vehicle licensing division[~~, in lieu of a summons or citation pursuant to section 291J-6~~]."

SECTION 9. Section 291J-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Proof of a violation of section 291C-32(c) shall be as evidenced by information obtained from the photo red light imaging detector system authorized pursuant to this chapter. A certificate, sworn to or affirmed by the reviewing [~~police department,~~] entity, or a facsimile thereof, based upon inspection of photographs, microphotographs, video, or other recorded images produced by the system, shall be prima facie evidence of the facts contained therein. Any photograph, microphotograph, video, or other recorded image, produced by the system, 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 administrative proceeding to adjudicate the liability for that violation."

SECTION 10. Section 291J-6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) The form and content of the summons or citation shall be as adopted or prescribed by the [~~administrative judge of the district courts~~] director 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; provided that any summons or citation issued pursuant to the photo red light imaging detector systems program shall contain a clear and unobstructed image of the motor vehicle license plate, which shall be used as evidence of the violation."

2. By amending subsections (d) to (f) to read:

"(d) Prior to the mailing of the summons or citation [~~for a traffic infraction~~] pursuant to subsection (a), the applicable [~~county police department~~] reviewing entity shall review and verify the clear and unobstructed image of the license plate of the motor vehicle required under section 291J-6(b).

(e) Upon receipt of the summons or citation the registered owner shall answer [~~as provided for in section 291D-6.~~] accordingly to the rules designated by the department as the director deems necessary for the purposes of carrying out this part. A record of the mailing of the summons or citations prepared in the ordinary course of business is prima facie evidence of notification. The registered owner shall be determined by the identification of the motor vehicle license plate.

(f) Procedures regarding answering, [~~court hearings, and court actions~~] a notice, administrative actions, and administrative hearings shall be [~~pursuant to sections 291D-6, 291D-7, 291D-8, and 291D-13;~~] set by the department as the director deems necessary for the purposes of carrying out this part; provided 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~~] administrative violation or similar language shall be interpreted to mean commission of the [~~traffic infraction.~~] administrative violation."

SECTION 11. Section 291J-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The penalties for all consequences of a violation for disregarding a steady red signal initiated by the use of a photo red light imaging detector system shall be [~~as provided in section 291C-161.~~] set by the department as the director deems necessary for the purposes of carrying out this part."

SECTION 12. Section 291J-8, Hawaii Revised Statutes, is repealed.

["[~~§291J-8]~~ Failure to comply with summons or citation. If the registered owner of the motor vehicle does not return an answer in response to a summons or citation within a period of 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 judgment of default to the registered owner of the motor vehicle."]

PART III

SECTION 13. Chapter 291L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291L- Penalty. (a) The penalties for all consequences of a violation initiated by the automated speed enforcement systems program shall be set by the department as the director deems necessary for the purposes of carrying out this part.

(b) Any summons or citations issued 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."

SECTION 14. Section 291L-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Director" means the director of transportation.

"Reviewing entity" means a county police department or authorized employee of the department of law enforcement."

SECTION 15. Section 291L-3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) The compensation paid by the State to establish an automated speed enforcement system under this chapter to a manufacturer or vendor of the equipment used shall be based upon the value of the equipment and services provided or rendered in support of the automated speed enforcement system and shall not be based upon a portion of the [~~fine or civil~~] administrative penalty imposed or the revenue generated by the equipment."

2. By amending subsection (e) to read:

"(e) During the first thirty days of operation of an automated speed enforcement system at a particular location, a warning shall be issued for any violation and mailed to the registered owner of the motor vehicle at the address on record at the vehicle licensing division [~~in lieu of a summons or citation pursuant to section 291L-5~~]."

SECTION 16. Section 291L-4, Hawaii Revised Statutes, is amended by amending subsections (c) to (e) to read as follows:

"(c) Proof of a violation of section 291C-108 shall be evidenced by information obtained from an automated speed enforcement system authorized pursuant to this chapter. A certificate, sworn to or affirmed by the reviewing [~~county police department,~~] entity, or a facsimile thereof, based upon inspection of any clear and unobstructed photographs, microphotographs, video, or other recorded images produced by the system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, video, or other recorded images shall be available for inspection in any administrative proceeding to adjudicate the liability for that violation.

(d) It shall be a defense [~~to any prosecution~~] in a requested administrative hearing for a violation of exceeding the maximum motor vehicle speed limits pursuant to this chapter and section 291C-108 that the automated speed enforcement system was malfunctioning at the time of the alleged violation.

(e) The conditions specified in this section shall not apply when the information gathered is used for highway safety research or to issue warning citations not involving [~~a fine~~] an administrative penalty or court appearance."

SECTION 17. Section 291L-5, Hawaii Revised Statutes, is amended to read as follows:

"§291L-5 Summons or citation. (a) Notwithstanding any law to the contrary and except as otherwise provided in this chapter, beginning January 1, 2025, whenever any motor vehicle is determined, by means of an automated speed enforcement system, to have violated section 291C-108, the State's 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 State, the county, or the State's or county's third-party contractor shall implement a process to record the date on which the 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-calendar-day 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. The registered owner shall be determined by the identification of the motor vehicle license plate.

(b) The form and content of the summons or citation shall be adopted or prescribed by the [~~administrative judge of the district courts~~] director and printed on a form commensurate with the form of other summonses or citations [~~used in modern methods of arrest~~] that are 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 the automated speed enforcement systems program shall contain a clear and unobstructed photographic, digital, or other visual image of the motor vehicle license plate, and speed units measured by the speed reader 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~~] reviewing entity shall review and verify the clear and unobstructed photographic, digital, or other visual image of the license plate of the motor vehicle required under this section.

(e) Upon receipt of the summons or citation, the registered owner shall respond [~~as provided for in section 291D-6.~~] accordingly to the rules designated by the department as the director deems necessary for the purposes of carrying out this part. A record of the mailing of the summons or citation prepared in the ordinary course of business shall be prima facie evidence of notification.

(f) Procedures regarding answering a notice, [~~court actions, and court hearings~~] administrative actions, and administrative hearings shall be [~~pursuant to sections 291D-6, 291D-7, 291D-8, and 291D-13;~~] set by the department as the director deems necessary for the purposes of carrying out this part; provided that it shall not be a defense to any citation issued pursuant to 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~~] administrative violation or similar language shall be interpreted to mean commission of the [~~traffic infraction.~~

(g) Any summons or citations issued 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.] administrative violation."

SECTION 18. Section 291L-7, Hawaii Revised Statutes, is repealed.

["[~~§291L-7] 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 a notice of entry of judgment of default to the registered owner of the motor vehicle pursuant to section 291D-7(e)."]

PART IV

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 the implementation of the administrative hearings division pursuant to this Act shall be delayed two years after the effective date of this Act; provided further that nothing shall preclude the department of transportation from implementing the administrative hearings division earlier, at its discretion.

HOUSE OF REPRESENTATIVES	H.B. NO.	2031
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII