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HB2033
HOUSE OF REPRESENTATIVES
H.B. NO.
2033
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to transportation
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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
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 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 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).
"
����
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.
�
Chapter 291C, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
����
"
�291C-
�
Automatic
license plate recognition; citations.
�
(a)
�
A county may use automatic license plate
recognition systems to identify vehicles that do not properly display a current
certificate of inspection or certificate of registration.
����
(b)
�
A
county may issue a citation to the registered owner of a vehicle identified
under subsection (a).
�
The citation shall
include a fine of no less than $75 and no more than $200; provided that the
fine shall be waived if the registered owner demonstrates that the vehicle
properly displays a current certificate of inspection or certificate of
registration within thirty days after issuance of the citation.
�
Any fines collected pursuant to this
subsection shall be used for the maintenance of the automatic license plate
recognition systems and public education regarding the use of the systems and
vehicle inspection and registration requirements.
����
(c)
�
All data collected by an automatic license plate recognition system
under this section shall be used only for the purposes for which the data was collected
and shall be destroyed or permanently erased within ninety days if the data is
not part of an ongoing investigation, enforcement action, or citation
record.
�
Access to automatic license
plate recognition system data shall be strictly limited to authorized personnel
and be subject to strict privacy controls.
����
(d)
�
A
county, in coordination with the department of transportation, may utilize any
system installed or operated under chapter 291J or 291L for purposes of
identifying vehicles under this section that do not properly display current
certificates of inspection or registration; provided that:
����
(1)
�
The county and
department of transportation shall enter into a written memorandum of agreement
specifying roles, responsibilities, data-sharing protocols, access rights,
permissible uses, and cost allocation;
����
(2)
�
All data
captured for the purposes of this section shall be handled in accordance with
subsection (c); and
����
(3)
�
Costs incurred
by a county for use of a system installed or operated under chapter 291J or
291L pursuant to this section may be reimbursed from fines collected under this
section.
����
(e)
�
For the purposes of this section, "automatic license plate
recognition system" means a technology system that scans the rear license
plates of vehicles, automatically compares the plate information in real time
against the applicable motor vehicle databases to determine whether the vehicle
properly displays a current certificate of inspection and certificate of
registration, and facilitates the issuance of citations or notifications to the
registered owner when a vehicle is not in compliance.
"
PART V
����
SECTION
7
.
�
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 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 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 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 less than eight inches in
height and strokes not 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)
�
Nothing in this section shall prohibit a
school bus from installing a camera on the stop arm of the school bus to record
photographs, microphotographs, video, or other recorded images to be used for
proof of a violation of this section; provided that any photographs, microphotographs,
video, or other recorded images produced by a camera pursuant to this
subsection shall be reviewed by either a county police officer, department of
law enforcement officer, or authorized department of transportation employee.
���
[
(h)
]
(i)
�
Any [
person
]
registered
owner
who violates this section shall be [
fined not
]
penalized as
follows:
����
(1)
�
For a first
offense, no more than $250 or sentenced to perform community service, or both;
����
(2)
�
For a second
offense, no more than $300 or sentenced to perform community service, or both;
and
����
(3)
�
For a third or
subsequent offense, no
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
]
no
more than $1,000 or
sentenced to perform community service, or both."
����
SECTION
8
.
�
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
camera on the stop arm of the contractor's vehicles pursuant to section
291C-95(h).
�
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 9.
�
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 cameras on the stop arms
of school buses.
����
The sum
appropriated shall be expended by the department of education for the purposes
of this part.
PART VI
SECTION 10.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
����
SECTION 11.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 12.
�
This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Transportation;
DOT; Sellers; Licensed Dealers; Front Number Plate; Mounting Device; Traffic
Code; Racing; Automated Speed Enforcement Systems Program; High-risk Locations;
Highway Safety; Counties; Automatic License Plate Recognition Systems;
Inspections; Registration; School Bus; Passing; Overtaking; Cameras;
Installation; Penalty; Appropriation
Description:
PART I:
�
Requires sellers and licensed dealers to
ensure that a motor vehicle is equipped with a front number plate mounting
bracket or device.
�
Requires a licensed
dealer or owner to securely fasten number plates on vehicles.
�
PART II:
�
Amends the Traffic Code relating to street
racing.
�
PART III:
�
Expands the Automated Speed Enforcement
Systems Program to high-risk locations of state or county highways as
determined by the Department of Transportation.
�
Appropriates funds.
�
PART IV:
�
Allows counties to use automatic license plate
recognition systems to identify vehicles without current inspection or
registration certificates and issue citations with fines waivable if compliance
is demonstrated.
�
Establishes data
privacy and retention requirements.
�
Allows counties, in coordination with the Department of Transportation,
to use red light and speed camera systems for enforcement.
�
PART V:
�
Authorizes the installation of cameras on the
stop arm of a school bus to record footage for evidence of a violation for
passing or overtaking a school bus while the bus is stopped and its visual
signals are turned on.
�
Amends the fines
for passing or overtaking a school bus while the bus is stopped and its visual
signals are turned on.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.