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SB1664
THE SENATE
S.B. NO.
1664
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to traffic safety
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1
.
�
Section 291C-4,
Hawaii Revised Statutes, is amended to read as follows:
����
"
�291C-4
�
Safe
routes
to school program special fund; establishment.
�
There is established in the state treasury
the safe routes to school program special fund, into which shall be deposited:
����
(1)
�
Assessments
collected
for speeding in a school zone, pursuant to section 291C-104; [
and
]
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(2)
�
Safe routes to
school program surcharges collected in accordance with sections 291-16 and
291C-5[
.
]
; and
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(3)
�
Fines collected
for a violation of section 291C-32(c) pursuant to the photo red light imaging
detector system installed in a school zone pursuant to section 291C-161(g).
"
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SECTION
2
.
�
Section
291C-161, Hawaii Revised Statutes, is amended to read as follows:
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"
�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.
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(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 more than:
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(1)
�
$250 for a first
violation
thereof;
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(2)
�
$300 for a second
violation committed within one year after the date of the first violation; and
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(3)
�
$500 for a third
or subsequent violation committed within one year after the date of the first
violation.
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(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.
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(d)
�
Every person who violates section 291C-13 or 291C-18 shall:
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(1)
�
Be fined not more
than $250 or imprisoned not more than ten days for a first conviction thereof;
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(2)
�
Be fined not more
than $300 or imprisoned not more than twenty days or both for conviction of a
second offense committed within one year after the date of the first offense;
and
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(3)
�
Be fined not more
than $500 or imprisoned not 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.
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(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.
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(f)
�
[
Fines
]
Except as provided in subsection (g), 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.
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(g)
�
Fines
collected for a violation of section 291C-32(c) pursuant to the photo red light
imaging detector system installed in a school zone as provided under section
291J‑4(b) shall be deposited into the safe routes to school program
special fund established pursuant to section 291C-4.
����
[
(g)
]
(h)
�
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.
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[
(h)
]
(i)
�
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."
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SECTION
3
.
�
Section 291C-194, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:
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"(c)
�
Any person who is convicted of violating this
section shall be subject to penalties as provided under section 291C-161(b) and
[
(h).
]
(i).
"
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SECTION 4.
�
Section 291J-4, Hawaii Revised Statutes, is
amended to read as follows:
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"
�291J
-4
�
C
ounty powers and duties.
�
(a)
�
The State or any county may establish and
implement, in accordance with this chapter, a photo red light imaging detector
system imposing monetary liability on the registered owner of a motor vehicle
for failure to comply with traffic-control signal laws.
�
The State or any county may provide for the:
����
(1)
�
Procurement, location, and oversight of a photo red light imaging
detector system; and
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(2)
�
Installation, operation, maintenance, and repair of the photo red light
imaging detector system through a third party contractor.
Where the photo
red light imaging detector system affects state property, the department shall
cooperate with and assist the county as needed to install, maintain, and repair
the photo red light imaging detector system established pursuant to this chapter.
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(b)
�
If the
State establishes a photo red light imaging detector system under this chapter,
priority shall be given to installing photo red light imaging detector systems
in school zones.
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[
(b)
]
(c)
�
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 penalty imposed or
the revenue generated by the equipment.
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[
(c)
]
(d)
�
Prior to the installation and
operation of any photo red light imaging detector system, for each intersection
considered for enforcement via the photo red light imaging detector system, the
State or county shall:
����
(1)
�
Conduct a comprehensive engineering review and study of each intersection
and implement all necessary and appropriate engineering, design, and
traffic-control-signal timing measures; and
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(2)
�
Conduct a study to acquire a baseline average of the number of motor vehicles
violating section 291C-32(c) over a period of not less than one week; provided
that the baseline average shall be determined prior to the installation of any signs
or other official traffic-control devices that indicate that an intersection is
being considered for a photo red light imaging detector system.
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[
(d)
]
(e)
�
At least sixty days prior to
the photo red light imaging detector systems becoming operational, the
department, in conjunction with any county that implements a photo red light imaging
detector systems program pursuant to this chapter, shall conduct a
comprehensive informational and educational campaign to inform motorists and
the general public about the program.
����
[
(e)
]
(f)
�
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.
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(g)
�
As
used in this section, "school zone" means every street and all public
property in the vicinity of a school as designated by the department of
transportation.
"
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SECTION
5
.
�
Section 291J-6, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"(a)
�
Notwithstanding any law to the contrary, and
except for the time period allowed pursuant to section [
291J-4(e),
]
291J-4(f),
beginning January 1, 2021, whenever any motor vehicle is determined, by means
of a photo red light imaging detector system, to have disregarded a steady red
signal in violation of section 291C-32(c), the State's or county'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."
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SECTION 6.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 7.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Department
of Transportation; Photo Red light Imaging System; School Zones; Fines; Safe
Routes to School Program Special Fund
Description:
Requires
the State to prioritize the installation of photo red light imaging detector
systems in school zones if the State establishes a photo red light imaging
detector system.
�
Requires proceeds of
fines collected for disregarding a steady red signal pursuant to a photo red
light imaging detector system installed in a school zone to be deposited into
the Safe Routes to School Program Special Fund.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.