HB 1231: Department of Transportation; Safe Routes to School Program Vehicle Registration Surcharge; Automated Speed Enforcement Systems; Facial Recognition Software; Safe Routes to School Program Special Fund
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-26
Current Status:
In Progress
(2025-06-25: Act 212, on 06/25/2025 (Gov. Msg. No. 1314).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill adds a $5 surcharge to certain motor vehicle registrations to fund a Safe Routes to School special fund, affecting people who register cars in the counties. It bans the use of facial recognition or other biometric identification by photo red light systems and automated speed cameras, but still allows automated license plate readers and non‑biometric vehicle ID tools. It also clarifies how automated speed camera citations are handled — requiring clear photographic evidence and county review — and says those citations and any resulting convictions will not appear on a person’s driving record or be used for insurance.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Establish a safe routes to school program vehicle registration surcharge on certain motor vehicle registrations to be imposed and collected no later than 12/31/2025. Prohibits the use of facial recognition software in the operation of any photo red light imaging detector systems or automated speed enforcement systems. Clarifies the citations and summons procedures for the Automated Speed Enforcement Detector Systems Program. (CD1)
Prohibits the use of facial recognition software in the operation of any photo red light imaging detector systems. Increases vehicle weight taxes to be deposited into the Safe Routes to School Program Special Fund. Clarifies the citations and summons procedures for the Automated Speed Enforcement Detector Systems Program. Authorizes automated speed enforcement systems to be implemented along a road or highway by the State or counties within two hundred feet of a school zone identified by the safe routes to school advisory committee. Authorizes the State Highway Safety and Modernization Council to recommend twenty-five dangerous intersections for photo red light imaging systems. Authorizes the Safe Routes to School Advisory Council to recommend twenty‑five dangerous school zones for automated speed enforcement systems. Appropriates funds out of the State Highway Fund for deposit into and out of the Automated Speed Enforcement Systems Program Special Fund for fiscal year 2025‑2026. Effective 7/1/3000. (SD1)
Authorizes 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 a certain percentage 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, capped at an unspecified amount each year. Requires the Department of Transportation to consult with the Department of Education in determining which school zones to install a photo red light imaging system. Effective 7/1/3000. (HD1)
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.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1231 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO TRAFFIC SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii has among the highest rates of traffic related fatalities. The implementation of photo red light imaging detector systems at intersections with the most dangerous and highest risk transit infrastructure, as well as photo speed detector systems in school zones with the most dangerous and high-risk transit infrastructure, can help prevent drivers from running red lights, and slow speeders in key areas, to help reduce fatalities and injuries.
The legislature further finds that it should be a priority to ensure dedicated funding necessary to support accelerating improvements in the most dangerous transit corridors.
Accordingly, the purpose of this Act is to:
(1) Establish a safe routes to school program vehicle registration surcharge on certain motor vehicle registrations, to be imposed and collected no later than December 31, 2025;
(2) Prohibit the use of facial recognition software in the operation of any photo red light imaging detector system; and
(3) Clarify the summons and citations processes for the automated speed enforcement systems program.
SECTION 2. Chapter 249, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§249- Safe routes to school program vehicle registration surcharge. (a) In addition to any other fees required by law, each county shall impose and collect a $5 surcharge on every motor vehicle registration issued under section 249-31 or 249-31.5, no later than December 31, 2025. (b) The director of finance shall notify the department of transportation in writing of the county's intended start date at least ninety days before implementing this section.
(c) The surcharge shall be deposited into the safe routes to school program special fund established under section 291C‑4."
SECTION 3. Chapter 291J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291J- Facial recognition software; prohibited. (a) No photo red light imaging detector 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 to generate photographic evidence of a traffic violation.
(c) For the purposes of this section:
"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."
SECTION 4. Chapter 291L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291L- Facial recognition software; prohibited. (a) No automated speed enforcement 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 to generate photographic evidence of a traffic violation.
(c) For the purposes of this section:
"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."
SECTION 5. 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]
(2) Safe routes to
school program surcharges collected in accordance with sections 291-16 and
291C-5[.]; and
(3) The surcharge collected pursuant to section 249- ."
SECTION 6. 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 exceeded
the posted maximum speed limit by not less than five miles per hour in
violation of 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[, that is postmarked within ten calendar days after the date of the
incident,] to the registered owner of the motor vehicle [at the]. 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 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 shall review and verify the validity of 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. 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 shall be pursuant to sections 291D‑6, 291D-7, 291D-8, and 291D-13; 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 or similar language shall be interpreted to mean commission of the traffic infraction.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
Report Title:
Department of Transportation; Safe Routes to School Program Vehicle Registration Surcharge; Automated Speed Enforcement Systems; Facial Recognition Software; Safe Routes to School Program Special Fund
Description:
Establish a safe routes to school program vehicle registration surcharge on certain motor vehicle registrations to be imposed and collected no later than 12/31/2025. Prohibits the use of facial recognition software in the operation of any photo red light imaging detector systems or automated speed enforcement systems. Clarifies the citations and summons procedures for the Automated Speed Enforcement 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.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1231 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO TRAFFIC SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii has among the highest rates of traffic related fatalities. The implementation of photo red light imaging detector systems at intersections with the most dangerous and highest risk transit infrastructure, as well as photo speed detector systems in school zones with the most dangerous and high-risk transit infrastructure, can help prevent drivers from running red lights, and slow speeders in key areas, to help reduce fatalities and injuries.
The legislature further finds that it should be a priority to ensure dedicated funding necessary to support accelerating improvements in the most dangerous transit corridors serving state schools, to reduce student deaths and injuries, which may not otherwise be a priority for federal funding or other agencies.
Accordingly, the purpose of this Act is to:
(1) Prohibit the use of facial recognition software in the operation of any photo red light imaging detector system;
(2) Authorize the state highway safety and modernization council to recommend dangerous intersections;
(3) Authorize the safe routes to schools advisory committee to recommend dangerous school zones;
(4) Increase vehicle weight taxes for the safe routes to school program special fund;
(5) Clarify the summons and citations processes for the automated speed enforcement systems program; and
(6) Appropriate funds.
SECTION 2. Chapter 291J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291J- Facial recognition software; prohibited. (a) The State or any county shall not use any facial recognition software with any photo red light imaging detector system, automated speed enforcement system, or other camera monitoring an outdoor public space, operated pursuant to this chapter.
(b) For the purposes of this section, "facial recognition software" means any type of technology that identifies or verifies the identity of an individual captured in images or video."
SECTION 3. Section 249-33, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"§249-33
State vehicle weight tax, exemptions. (a)
All vehicles and motor vehicles in the State as defined in section
249-1, including antique motor vehicles, except as otherwise provided in
sections 249-4, 249-5.5, 249-6, and 249-6.5, in addition to all other fees and
taxes levied by this chapter, shall be subject to an annual state vehicle
weight tax. The tax shall be levied by
the county director of finance at the rate of 1.75 cents a pound according to
the net weight of each vehicle as the "net weight" is defined in
section 249-1 up to and including four thousand pounds net weight; vehicles
over four thousand pounds and up to and including seven thousand pounds net
weight shall be taxed at the rate of [2.00] 3.00 cents a pound;
vehicles over seven thousand pounds and up to and including ten thousand pounds
net weight shall be taxed at the rate of [2.25] 3.75 cents a
pound; vehicles over ten thousand pounds net weight shall be taxed at a flat
rate of $300.; provided that for each vehicle taxed:
(1) One cent a pound for vehicles over four thousand pounds and up to and including seven thousand pounds net weight; and
(2) 1.5 cents a pound for vehicles over seven thousand pounds net weight,
shall be deposited into the safe routes to school program special fund."
SECTION 4. 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]
(2) Safe routes to
school program surcharges collected in accordance with sections 291-16 and
291C-5[.]; and
(3) Taxes collected pursuant to section 249-33."
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.
(b) Automated speed enforcement systems may be implemented along a road or highway by the State or counties within two hundred feet of a school zone identified by the safe routes to school advisory committee for the promotion of public health, safety, and welfare."
SECTION 6. 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 exceeded
the posted maximum speed limit by not less than [five]
miles per hour in violation of section 291C-108, 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[, that is postmarked within ten
calendar days after the date of the incident,] to the registered owner of
the motor vehicle [at the].
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 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 shall review and verify the validity of 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. 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 shall be pursuant to sections 291D‑6, 291D-7, 291D-8, and 291D-13; 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 or similar language shall be interpreted to mean commission of the traffic infraction.
SECTION 7. The state highway safety and modernization council shall recommend twenty-five dangerous intersections where the department of transportation may install photo red light imaging detector systems in addition to those currently operating, pursuant to chapter 291J; provided that signals shall be changed so pedestrians have not less than a four-second lead time to begin crossing the intersection prior to vehicles being permitted to proceed at each intersection where a photo red light imaging detector system is installed.
SECTION 8. (a) The safe routes to school advisory committee shall recommend twenty-five dangerous school zones in the State based on fatality, injury, and crash data since January 1, 2014, and any outreach and complaints from schools and the surrounding community.
(b) The department of transportation or county agencies may install additional automated speed enforcement systems pursuant to chapter 291L, at school zone locations that the safe routes to school advisory committee identifies as dangerous; provided that any enforcement system shall be positioned not more than two hundred feet from the school property in each school zone.
SECTION 9. There is appropriated out of the state highway fund the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 to be deposited into the automated speed enforcement systems program special fund established under section 291L-10, Hawaii Revised Statutes.
SECTION 10. 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 2025-2026 for the establishment and maintenance of the automated speed enforcement systems program.
The sum appropriated shall be expended by the department of transportation for the purposes of this Act.
SECTION 11. Notwithstanding any provision of this Act to the contrary, the appropriation authorized under this Act shall not lapse at the end of the fiscal year for which the appropriation is made. Any unexpended and unencumbered balance of the appropriation made in this Act as of the close of business on June 30, 2029, shall lapse back to the credit of the state highway fund.
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect on July 1, 3000.
Report Title:
Department of Transportation; State Highway Safety and Modernization Council; Safe Routes to School Advisory Committee; Photo Red light Imaging Systems; Automated Speed Enforcement Systems; School Zones; Fines; Vehicle Weight Tax; Safe Routes to School Program Special Fund
Description:
Prohibits the use of facial recognition software in the operation of any photo red light imaging detector systems. Increases vehicle weight taxes to be deposited into the Safe Routes to School Program Special Fund. Clarifies the citations and summons procedures for the Automated Speed Enforcement Detector Systems Program. Authorizes automated speed enforcement systems to be implemented along a road or highway by the State or counties within two hundred feet of a school zone identified by the safe routes to school advisory committee. Authorizes the State Highway Safety and Modernization Council to recommend twenty-five dangerous intersections for photo red light imaging systems. Authorizes the Safe Routes to School Advisory Council to recommend twenty‑five dangerous school zones for automated speed enforcement systems. Appropriates funds out of the State Highway Fund for deposit into and out of the Automated Speed Enforcement Systems Program Special Fund for fiscal year 2025‑2026. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1231 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
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STATE OF HAWAII |
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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]
(2) Safe routes to
school program surcharges collected in accordance with sections 291-16 and
291C-5[.]; and
(3) Fines as may be collected pursuant to section 291C-161(g)."
SECTION 2. 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 more than ten days for a first
conviction thereof;
(2) Be fined [not]
no 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
(3) Be fined [not]
no 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.
(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] 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.
(g) per cent of 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) may be deposited into the safe routes to school program special fund established pursuant to section 291C-4; provided that no more than $ shall be deposited into the safe routes to school program special fund each year.
[(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.
[(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."
SECTION 3. 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).] (i)."
SECTION 4. Section 291J-4, Hawaii Revised Statutes, is amended to read as follows:
"§291J-4 [County] State and county 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
(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.
(b) If the State establishes a photo red light imaging detector system under this chapter, priority may be given to installing photo red light imaging detector systems in school zones. The department of transportation shall consult with the department education in determining which school zones to install a photo red light imaging detector system.
[(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.
[(c)]
(d) [Prior to] Before
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
(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.
[(d)]
(e) At least sixty days [prior
to] before 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.
(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."
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."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
Department of Transportation; Photo Red light Imaging System; School Zones; Fines; Safe Routes to School Program Special Fund
Description:
Authorizes 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 a certain percentage 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, capped at an unspecified amount each year. Requires the Department of Transportation to consult with the Department of Education in determining which school zones to install a photo red light imaging system. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1231 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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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]
(2) Safe routes to
school program surcharges collected in accordance with sections 291-16 and
291C-5[.]; and
(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)."
SECTION 2. 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 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 more than $250 or imprisoned not more than ten days for a first conviction thereof;
(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
(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.
(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] 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.
(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.
[(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."
SECTION 3. 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).] (i)."
SECTION 4. Section 291J-4, Hawaii Revised Statutes, is amended to read as follows:
"§291J-4 County 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
(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.
(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.
[(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.
[(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
(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.
[(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.
(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."
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."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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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.
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Date
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Status
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|---|---|
| Jun 25, 2025 | Act 212, on 06/25/2025 (Gov. Msg. No. 1314). |
| Jun 25, 2025 | Act 212, 06/25/2025 (Gov. Msg. No. 1314). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; Representative(s) Garcia, Kong, Pierick, Souza voting no (4) and Representative(s) Cochran excused (1). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). |
| Apr 25, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 25, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 214). |
| Apr 25, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 25, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 214) as amended in (CD 1). |
| Apr 25, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Kila, Grandinetti, Pierick; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 25, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Lee, C., Kim, Rhoads, Elefante; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) DeCorte. |
| Apr 25, 2025 | Conference committee meeting to reconvene on 04-25-25 5:15 PM; Conference Room 225. |
| Apr 25, 2025 | Conference Committee Meeting will reconvene on Friday, 04-25-25 at 3:30PM in Conference Room 411. |
| Apr 25, 2025 | Conference Committee Meeting will reconvene on Friday, 04-25-25 at 2:00PM in Conference Room 411. |
| Apr 25, 2025 | Conference Committee Meeting will reconvene on Friday, 04-25-25 at 12:30PM in Conference Room 329. |
| Apr 25, 2025 | Conference Committee Meeting will reconvene on Friday, 04-25-25 at 11:30AM in Conference Room 329. |
| Apr 24, 2025 | Conference committee meeting to reconvene on 04-25-25 9:30AM; Conference Room 329. |
| Apr 23, 2025 | Conference committee meeting to reconvene on 04-24-25 10:30AM; Conference Room 329. |
| Apr 22, 2025 | Conference committee meeting scheduled for 04-23-25 10:35AM; Conference Room 329. |
| Apr 21, 2025 | Received notice of Senate conferees (Sen. Com. No. 850). |
| Apr 21, 2025 | Senate Conferees Appointed: Lee, C. Chair; Kim, Rhoads Co-Chairs; Elefante, DeCorte. |
| Apr 21, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 781). |
| Apr 17, 2025 | House Conferees Appointed: Kila, Grandinetti Co-Chairs; Pierick. |
| Apr 11, 2025 | Received notice of disagreement (Hse. Com. No. 704). |
| Apr 10, 2025 | House disagrees with Senate amendment (s). |
| Apr 8, 2025 | Returned from Senate (Sen. Com. No. 750) in amended form (SD 1). |
| Apr 8, 2025 | Report Adopted; Passed Third Reading. Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, McKelvey, San Buenaventura). Excused, 0 (none). Transmitted to House. |
| Apr 4, 2025 | One Day Notice 04-08-25. |
| Apr 4, 2025 | Reported from WAM/JDC (Stand. Com. Rep. No. 1801) with recommendation of passage on Third Reading. |
| Apr 1, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 11 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) DeCoite, Lee, C.. |
| Apr 1, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: Senator(s) San Buenaventura ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Mar 27, 2025 | The committee(s) on WAM/JDC will hold a public decision making on 04-01-25 10:00AM; Conference Room 211 & Videoconference. |
| Mar 21, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM/JDC. |
| Mar 21, 2025 | Reported from TCA (Stand. Com. Rep. No. 1347) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM/JDC. |
| Mar 18, 2025 | The committee(s) on TCA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TCA were as follows: 5 Aye(s): Senator(s) Lee, C., Inouye, Elefante, Kanuha, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 14, 2025 | The committee(s) on TCA has scheduled a public hearing on 03-18-25 3:00PM; Conference Room 224 & Videoconference. |
| Mar 4, 2025 | Referred to TCA, WAM/JDC. |
| Mar 4, 2025 | Passed First Reading. |
| Mar 4, 2025 | Received from House (Hse. Com. No. 159). |
| Feb 28, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick, Templo, Ward excused (4). Transmitted to Senate. |
| Feb 28, 2025 | Reported from FIN (Stand. Com. Rep. No. 924), recommending passage on Third Reading. |
| Feb 21, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 13 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Miyake, Morikawa, Templo, Reyes Oda; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Lee, M., Alcos, Ward. |
| Feb 19, 2025 | Bill scheduled to be heard by FIN on Friday, 02-21-25 12:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 14, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4). |
| Feb 14, 2025 | Reported from TRN (Stand. Com. Rep. No. 704) as amended in HD 1, recommending passage on Second Reading and referral to FIN. |
| Feb 13, 2025 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Kila, Grandinetti, La Chica, Miyake, Muraoka, Pierick; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Cochran, Evslin, Kitagawa. |
| Feb 11, 2025 | Bill scheduled to be heard by TRN on Thursday, 02-13-25 10:00AM in House conference room 430 VIA VIDEOCONFERENCE. |
| Jan 27, 2025 | Referred to TRN, FIN, referral sheet 4 |
| Jan 23, 2025 | Introduced and Pass First Reading. |
| Jan 22, 2025 | Pending introduction. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
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| Apr 8, 2025 | Third Reading | Senate Floor |
Passed |
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| Apr 1, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Ways and Means |
Passed |
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| Apr 1, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Judiciary |
Passed |
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| Mar 18, 2025 | The committee(s) on TCA recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Transportation and Culture and the Arts |
Passed |
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| Feb 28, 2025 | Third Reading | House Floor |
Passed |
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| Feb 21, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
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| Feb 13, 2025 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Department of Transportation | ** Support | |
| Hawaii Department of Transportation | *** Support | Mar 31, 2025 |
| Hawaiʻi Bicycling League | ** Support | |
| Hawaiʻi Appleseed Center for Law and Economic Justice | *** Support | Mar 31, 2025 |
| Hawaiʻi Public Health Institute | *** Support | Mar 31, 2025 |
| Hawai‘i Bicycling League | *** Support | Mar 18, 2025 |
| HEAL Statewide Coalition | *** Support | Mar 31, 2025 |
| Keiki Injury Prevention Coalition | ** Support | |
| Oahu Metropolitan Planning Organization | *** Support | Mar 31, 2025 |
| PATH - People for Active Transportation Hawaii | *** Support | Mar 31, 2025 |
| Pearl City Neighborhood Board No. 21 | *** Support | Mar 31, 2025 |
| Ulupono Initiative | *** Support | Mar 31, 2025 |
CONFERENCE COMMITTEE REP. NO. 214
Honolulu, Hawaii
, 2025
RE: H.B. No. 1231
H.D. 1
S.D. 1
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1231, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TRAFFIC SAFETY,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Prohibit the use of facial recognition software in the operation of any photo red light imaging detector system or automated speed enforcement system;
(2) Authorize the State Highway Safety and Modernization Council to recommend dangerous intersections for installation of additional photo red light imaging detector systems;
(3) Require the Safe Routes to School Advisory Committee to recommend dangerous school zones for installation of additional automated speed enforcement systems;
(4) Increase vehicle weight taxes and allocates the increased revenues to the Safe Routes to School Program Special Fund;
(5) Clarify the summons and citations processes for the automated speed enforcement systems program; and
(6) Appropriate funds for the automated speed enforcement systems program.
Your Committee on Conference has amended this measure by:
(1) Establishing a Safe Routes to School Program vehicle registration surcharge on certain motor vehicle registrations, to be imposed and collected no later than December 31, 2025, and deposited into the Safe Routes to School Program Special Fund;
(2) Requiring the county Directors of Finance to notify the Department of Transportation of the county's intended start date for the Safe Routes to School Program vehicle registration surcharge;
(3) Clarifying the prohibition on using facial recognition software in photo red light imaging detector systems and automated speed enforcement systems;
(4) Deleting language that would have:
(A) Increased the vehicle weight taxes and allocated the increased revenues to the Safe Routes to School Program Special Fund;
(B) Authorized automated speed enforcement systems within two hundred feet of a school zone;
(C) Amended the maximum speed limit threshold for purposes of summons or citations under the Automated Speed Enforcement Systems program; and
(D) Required Safe Routes to School Advisory Committee to recommend locations to install additional automated speed enforcement systems;
(5) Removing the appropriation;
(6) Changing the effective date to upon approval; and
(7) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1231, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1231, H.D. 1, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
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ON THE PART OF THE HOUSE |
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____________________________ CHRIS LEE Chair |
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____________________________ DARIUS KILA Co-Chair |
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____________________________ DONNA MERCADO KIM Co-Chair |
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____________________________ TINA NAKADA GRANDINETTI Co-Chair |
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____________________________ KARL RHOADS Co-Chair |
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STAND. COM. REP. NO. 1801
Honolulu, Hawaii
RE: H.B. No. 1231
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Ways and Means and Judiciary, to which was referred H.B. No. 1231, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TRAFFIC SAFETY,"
beg leave to report as follows:
The purpose and intent of this measure is to improve traffic safety in the State.
More specifically, this measure:
(1) Prohibits the use of facial recognition software in the operation of any photo red light imaging detector system or automated speed enforcement system;
(2) Authorizes the State Highway Safety and Modernization Council to recommend dangerous intersections for installation of additional photo red light imaging detector systems;
(3) Authorizes the Safe Routes to School Advisory Committee to recommend dangerous school zones for installation of additional automated speed enforcement systems;
(4) Increases vehicle weight taxes and allocates the increased revenues to the safe routes to school program special fund;
(5) Clarifies the summons and citations processes for the automated speed enforcement systems program; and
(6) Appropriate moneys for the automated speed enforcement systems program.
Your Committees received written comments in support of this measure from the Department of Transportation, Oahu Metropolitan Planning Organization, Hawaii Appleseed Center for Law and Economic Justice, Hawaii Public Health Institute, Pearl City Neighborhood Board No. 21, People for Active Transportation Hawaii, Ulupono Initiative, and fourteen individuals.
Your Committees received written comments on this measure from the Judiciary.
Your Committees find that Hawaii has among the highest rates of traffic-related fatalities. Your Committees also find that the implementation of photo red light imaging detector systems at intersections with the most dangerous and highest-risk transit infrastructure, as well as photo speed detector systems in school zones with the most dangerous and high-risk transit infrastructure, can help deter drivers from running red lights, and slow speeders in key areas, to help reduce traffic-related fatalities and injuries.
As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1231, H.D. 1, S.D. 1, and recommend that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committees on Ways and Means and Judiciary,
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________________________________ KARL RHOADS, Chair |
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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STAND. COM. REP. NO. 1347
Honolulu, Hawaii
RE: H.B. No. 1231
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Transportation and Culture and the Arts, to which was referred H.B. No. 1231, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TRAFFIC SAFETY,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Authorize 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;
(2) Require a certain percentage 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, capped at an unspecified amount each year; and
(3) Require the Department of Transportation to consult with the Department of Education in determining which school zones to install a photo red light imaging system.
Your Committee received testimony in support of this measure from the Department of Transportation, Oahu Metropolitan Planning Organization, Ulupono Initiative, Hawaiʻi Bicycling League, Hawaiʻi Public Health Institute, Hawaiʻi Appleseed Center for Law and Economic Justice, Keiki Injury Prevention Coalition, and nine individuals.
Your Committee received comments on this measure from the Department of Budget and Finance and the Judiciary.
Your Committee finds that running red lights and disregarding road intersection signals presents a significant threat to local communities across the State. Although current transportation planning has provided important safe routes to school projects, many schools remain less accessible for students who walk, bike, or roll to school. Your Committee believes that more methods are needed to enhance the safety of drivers, bicyclists, and pedestrians in school zones. Therefore, this measure will expand the photo red light imaging detector systems program, increase funding for the Safe Routes to School Program Special Fund, and streamline the Automated Speed Enforcement Systems Program and Photo Red Light Imaging Detector Systems Program.
Your Committee notes concerns raised in testimony by the Hawaiʻi Appleseed Center for Law and Economic Justice regarding privacy and due process for the operation of photo red light imaging detector systems.
Your Committee further notes that this measure is intended to increase protections for students in school zones. Your Committee finds that S.B. No. 1667, S.D. 1 (2025), a measure previously passed by the Senate, provides preferable language regarding the placement of photo red light imaging detector systems and automated speed enforcement systems.
Your Committee additionally notes the fiscal concerns raised in testimony regarding the allocation of fines to be deposited into the Safe Routes to School Program Special Fund. Your Committee notes the concerns raised by the Department of the Attorney General regarding the need for adequate resources to implement the Automated Speed Enforcement Systems Program.
Accordingly, your Committee has amended this measure by:
(1) Deleting language that would have deposited a percentage of fines collected for a traffic control signal violation within a school zone into the Safe Routes to School Program Special Fund;
(2) Adding language that prohibits the use of facial recognition software in any photo red light imaging detector system, automated speed enforcement system, or other camera monitoring an outdoor public space;
(3) Adding language to increase the vehicular weight tax for vehicles over four thousand pounds and vehicles over seven thousand pounds and designating the percent increase to be deposited into the Safe Routes to School Program Special Fund;
(4) Deleting language that would have authorized the State to prioritize the installation of photo red light imaging detector systems in school zones;
(5) Deleting language that would have required the Department of Transportation to consult with the Department of Education to determine which school zones to install a photo red light imaging detector system;
(6) Inserting language that authorizes automated speed enforcement systems to be implemented along a road or highway by the State or counties within two hundred feet of a school zone identified by the safe routes to school advisory committee for the promotion of public health, safety, and welfare;
(7) Replacing the threshold speed by which to have exceeded the posted maximum speed limit to cause a summons or citation from five miles per hour to an unspecified speed;
(8) Specifying that 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 under the Automated Speed Enforcement System Program 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;
(9) Adding language to specify that any summons or citations issued or convictions under the Automated Speed Enforcement System Program 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;
(10) Inserting language that authorizes the State Highway Safety and Modernization Council to recommend twenty‑five dangerous intersections for photo red light imaging detector systems;
(12) Inserting language that appropriates funds out of the State Highway Fund for deposit into and out of the Automated Speed Enforcement Systems Program Special Fund;
(13) Making conforming amendments;
(14) Inserting legislative findings; and
(15) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1231, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1231, H.D. 1, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.
Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,
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________________________________ CHRIS LEE, Chair |
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STAND. COM. REP. NO. 924
Honolulu, Hawaii
, 2025
RE: H.B. No. 1231
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 1231, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TRAFFIC SAFETY,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Authorize a certain percentage 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;
(2) Authorize 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; and
(3) Require the Department of Transportation to consult with the Department of Education in determining which school zones to install a photo red light imaging system.
Your Committee received testimony in support of this measure from the Oahu Metropolitan Planning Organization; Ulupono Initiative; Hawaiʻi Bicycling League; Hawaiʻi Appleseed Center for Law & Economic Justice; and four individuals. Your Committee received comments on this measure from the Judiciary and Department of Transportation.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1231, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ KYLE T. YAMASHITA, Chair |
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STAND. COM. REP. NO. 704
Honolulu, Hawaii
, 2025
RE: H.B. No. 1231
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Transportation, to which was referred H.B. No. 1231 entitled:
"A BILL FOR AN ACT RELATING TO TRAFFIC SAFETY,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Require 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; and
(2) Require 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.
Your Committee received testimony in support of this measure from the Department of Transportation; Hawaii Bicycling League; Ulupono Initiative; Hawaii Appleseed Center for Law & Economic Justice; Oahu Metropolitan Planning Organization; and three individuals. Your Committee received comments on this measure from the Judiciary and one individual.
Your Committee finds that by prioritizing the installation of these photo red light imaging detector systems in school zones and dedicating the resulting revenue to student safety initiatives, this measure strengthens efforts to protect children traveling to and from school.
Your Committee notes that a special fund is required under existing law to be self-sustaining and not meant to generate revenue. Your Committee will continue to work with pertinent stakeholders regarding this issue as this measure moves through the legislative process.
Your Committee has amended this measure by:
(1) Clarifying that an unspecified percentage of fines collected under this measure may be deposited into the Safe Routes to School Program Special Fund and inserting an unspecified maximum amount that may be deposited in the Special Fund each year;
(2) Authorizing, rather than requiring, priority to be given to installing photo red light imaging detector systems in school zones;
(3) Requiring the Department of Transportation to consult with the Department of Education in determining which school zones to install a photo red light imaging detector system;
(4) Changing the effective date to July 1, 3000, to encourage further discussion; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1231, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1231, H.D. 1, and be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Transportation,
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____________________________ DARIUS KILA, Chair |
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Date
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Testimony PDF
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|---|---|
| Mar 31, 2025 | HB1231_SD1_TESTIMONY_WAM-JDC_04-01-25_.PDF |
| Mar 18, 2025 | HB1231_HD1_TESTIMONY_TCA_03-18-25_.PDF |
| Feb 21, 2025 | HB1231_HD1_TESTIMONY_FIN_02-21-25_.PDF |
| Feb 13, 2025 | HB1231_TESTIMONY_TRN_02-13-25_.PDF |
Discussed in Hearing
3MIN
Conference Committee
18SEC
Conference Committee
9MIN
Senate Standing Committee on Transportation and Culture and the Arts
6MIN
House Standing Committee on Finance
12MIN
