HB 697: DLE; DOT; Automated Speed Enforcement Systems; Violations; Evidence; State Highway Fund; Appropriations

A BILL FOR AN ACT

RELATING TO TRANSPORTATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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

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

     SECTION 2.  Section 291L-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

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

     SECTION 3.  Section 291L-5, Hawaii Revised Statutes, is amended as follows:

     1.   By amending subsection (a) to read:

     "(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] seven 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 address on record at the vehicle licensing division.  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."

     2. By amending subsection (d) to read:

     "(d)  Before mailing the summons or citation for a traffic infraction pursuant to subsection (a), the [applicable county police department] reviewing entity shall review and verify the validity of the clear and unobstructed photographic, digital, or other visual image of the license plate of the motor vehicle required under this section."

     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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment and implementation of the automated speed enforcement systems program.

     The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

DLE; DOT; Automated Speed Enforcement Systems; Violations; Evidence; State Highway Fund; Appropriations

Description:

Allows authorized employees of the Department of Law Enforcement, in addition to county police departments, to perform certain actions in reviewing recorded images produced by automated speed enforcement systems.  Appropriates funds from the State Highway Fund to the Department of Transportation to establish and implement the Automated Speed Enforcement Systems Program.  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.

A BILL FOR AN ACT

RELATING TO TRANSPORTATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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

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

     SECTION 2.  Section 291L-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

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

     SECTION 3.  Section 291L-5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Before mailing the summons or citation for a traffic infraction pursuant to subsection (a), the [applicable county police department] reviewing entity shall review and verify the validity of the clear and unobstructed photographic, digital, or other visual image of the license plate of the motor vehicle required under this section."

     SECTION 4.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment and implementation of the automated speed enforcement systems program.

     The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Automated Speed Enforcement Systems; Violations; Evidence; DOT; DLE; Appropriation

Description:

Allows authorized employees of the Department of Transportation and Department of Law Enforcement, in addition to county police departments, to perform certain actions in reviewing recorded images produced by automated speed enforcement systems.  Appropriates funds to the Department of Transportation to establish and implement the Automated Speed Enforcement Systems Program.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO TRANSPORTATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 291L-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

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

     For the purposes of this subsection "reviewing entity" means a county police department or authorized employee of the department of transportation or department of law enforcement."

     SECTION 2.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment and implementation of the automated speed enforcement systems program.

     The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Automated Speed Enforcement System; Violations; Evidence; DOT; DLE; Appropriation

Description:

Allows authorized employees of the Department of Transportation and Department of Law Enforcement to inspect and provide a certificate of certain evidence of speed limit violations obtained by automated speed enforcement systems.  Appropriates funds to the Department of Transportation to establish and implement the automated speed enforcement systems program.  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.

A BILL FOR AN ACT

relating to Transportation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 291L-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

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

     For the purposes of this subsection "reviewing entity" means a county police department or authorized employee of the department of transportation or department of law enforcement."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment and implementation of the automated speed enforcement systems program.

     The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2025.

Report Title:

Automated Speed Enforcement System; Violations; Evidence; DOT; DLE; Appropriation

Description:

Allows authorized employees of the Department of Transportation and Department of Law Enforcement to inspect and provide a certificate of certain evidence of speed limit violations obtained by automated speed enforcement systems.  Appropriates funds to the Department of Transportation to establish and implement the automated speed enforcement systems program.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 1680

Honolulu, Hawaii

RE:    H.B. No. 697

       H.D. 2

       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. 697, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

beg leave to report as follows:

     The purpose and intent of this measure is to clarify elements of the automated speed enforcement systems program.

     More specifically, this measure:

     (1)  Permits authorized employees of the Department of Law Enforcement and county police departments to perform certain actions in reviewing recorded images produced by automated speed enforcement systems; and

     (2)  Appropriates moneys from the state highway fund to the Department of Transportation to implement the automated speed enforcement systems program.

     Your Committees received written comments in support of this measure from the Department of Transportation and Oahu Metropolitan Planning Organization.

     Your Committees received written comments in opposition to this measure from one individual.

Your Committees find that the Department of Transportation has begun implementing the automated speed enforcement systems program pursuant to Chapter 291L, Hawaii Revised Statutes.  Your Committees further find that insufficient staffing capabilities present a challenge for full implementation and potential expansion of the automated speed enforcement systems program.  Accordingly, your Committees find that this measure will authorize additional state and county employees to review evidence and process citations efficiently.

     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. 697, H.D. 2, 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,

STAND. COM. REP. NO. 1309

Honolulu, Hawaii

RE:    H.B. No. 697

       H.D. 2

       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 Transportation and Culture and the Arts and Public Safety and Military Affairs, to which was referred H.B. No. 697, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Allow authorized employees of the Department of Transportation and Department of Law Enforcement, in addition to county police departments, to perform certain actions in reviewing recorded images produced by automated speed enforcement systems; and

     (2)  Appropriate funds to the Department of Transportation to establish and implement the Automated Speed Enforcement Systems Program.

     Your Committees received testimony in support of this measure from the Department of Transportation, Department of Law Enforcement, and one individual. 

     Your Committees received testimony in opposition to this measure from one individual.

     Your Committees received comments on this measure from the Judiciary and ACLU of Hawaiʻi.

     Your Committees find that the State is committed to reducing traffic related deaths and serious injuries.  As such, the Department of Transportation is currently working to expand the current Automated Speed Enforcement Systems Program established in 2024.  Your Committees further find that more resources and funding are necessary for the successful implementation of the Automated Speed Enforcement Systems Program.  Therefore, this measure will alleviate potential staffing challenges and funding shortages by appropriating moneys and authorizing additional state employees to process citations.

     Your Committees note the concerns raised by the Judiciary regarding the district courts and county law enforcement's ability to process the potential increased volume of citations.  Your Committees further note the comments raised by the ACLU of Hawaiʻi regarding privacy concerns due to non-law enforcement involvement by the Department of Transportation.

     Accordingly, your Committees have amended this measure by:

     (1)  Amending the definition of "reviewing entity" by removing authorized employees of the Department of Transportation;

     (2)  Increasing the minimum speed required for a citation from five miles per hour to seven miles per hour exceeding the maximum posted speed limit;

     (3)  Changing the appropriation funding source from the general revenues of the State of Hawaii to the State Highway Fund; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Transportation and Culture and the Arts and Public Safety and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 697, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 697, H.D. 2, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committees on Transportation and Culture and the Arts and Public Safety and Military Affairs,

STAND. COM. REP. NO.  930

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 697

      H.D. 2

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. 697, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Allow authorized employees of the Department of Transportation and Department of Law Enforcement, in addition to county police departments, to perform certain actions in reviewing recorded images produced by automated speed enforcement systems; and

     (2)  Appropriate funds to the Department of Transportation to establish and implement the Automated Speed Enforcement Systems Program.

     Your Committee received testimony in support of this measure from the Department of Transportation and Oahu Metropolitan Planning Organization.  Your Committee received testimony in opposition to this measure from three individuals.

     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. 697, H.D. 2, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  750

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 697

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 697, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Allow authorized employees of the Department of Transportation and Department of Law Enforcement to inspect and provide a certificate of certain evidence for speed limit violations obtained by automated speed enforcement systems; and

     (2)  Appropriate funds to the Department of Transportation to establish and implement the Automated Speed Enforcement Systems Program.

     Your Committee received testimony in support of this measure from the Department of Transportation and Oahu Metropolitan Planning Organization.  Your Committee received testimony in opposition to this measure from three individuals.  Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that the Department of Transportation is actively working to expand the Automated Speed Enforcement Systems Program.  This measure will support the expansion of the Program, enable more effective enforcement and implementation, and alleviate potential staffing challenges within county police departments, which are currently the only authorized entity responsible for inspecting and certifying speed limit violations obtained through the Program.

     Your Committee has amended this measure by:

     (1)  Allowing authorized employees of the Department of Transportation and Department of Law Enforcement to review and verify the validity of the clear and unobstructed photographic, digital, or other visual image of the license plate of the motor vehicle before mailing the summons or citation for a traffic infraction; and

     (2)  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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 697, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 697, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  77

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 697

      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. 697 entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Allow authorized employees of the Department of Transportation and Department of Law Enforcement to inspect and provide a certificate of certain evidence for speed limit violations obtained by automated speed enforcement systems; and

     (2)  Appropriate funds to the Department of Transportation to establish and implement the Automated Speed Enforcement Systems Program.

     Your Committee received testimony in support of this measure from the Department of Transportation.  Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that the expansion of the Automated Speed Enforcement Systems Program will require additional personnel to review and process citations accurately and efficiently.  Authorizing staff within the Department of Transportation and Department of Law Enforcement to inspect and certify certain evidence relating to speed limit violations will ensure consistent application of the Program.

     Your Committee has amended this measure by:

     (1)  Changing the appropriation to an unspecified amount; and

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion.

     Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $5,000,000.

     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. 697, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 697, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation,