SB 1658: RELATING TO TRAFFIC.

A BILL FOR AN ACT

RELATING TO TRAFFIC.

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

     SECTION 1.  Chapter 291D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291D-    Certain uncontested traffic fine proceeds; transmittal to state highway fund.  (a)  Beginning July 1, 2025, the director of finance shall transmit to the department of transportation, not more than thirty days after the end of each fiscal quarter, one hundred per cent of the fine and forfeiture proceeds collected for uncontested traffic infractions committed within any county having a population of more than one hundred fifty thousand but less than one hundred seventy-five thousand.  The proceeds shall be deposited into the county progress subaccount of the state highway fund, as established pursuant to section 248-9(d).

     (b)  The judiciary shall identify fines and forfeitures assessed and collected for traffic infractions under this chapter that were both:

     (1)  Uncontested; and

     (2)  Committed within the county in which the Lahaina bypass north is located.

     (c)  A traffic infraction shall be deemed uncontested when a person answers a notice of traffic infraction in accordance with section 291D-6(b)(1)."

     SECTION 2.  Section 248-9, Hawaii Revised Statutes, is amended to read as follows:

     "§248-9  State highway fund.  (a)  Moneys in the state highway fund may be expended for the following purposes:

     (1)  To pay the costs of operation, maintenance, and repair of the state highway system, including without limitation, the cost of equipment and general administrative overhead;

     (2)  To pay the costs of acquisition, including real property and interests therein; planning; designing; construction; and reconstruction of the state highway system and bikeways, including without limitation, the cost of equipment and general administrative overhead;

     (3)  To reimburse the general fund for interest on and principal of general obligation bonds issued to finance highway projects where the bonds are designated to be reimbursable out of the state highway fund;

     (4)  To pay the costs of construction, maintenance, and repair of county roads; provided that none of the funds expended on a county road or program shall be federal funds when expenditure would cause a violation of federal law or a federal grant agreement; and

     (5)  To pay the costs of establishing and maintaining a drug and alcohol toxicology testing laboratory that is intended to support the prosecution of offenses relating to operation of a motor vehicle while under the influence of an intoxicant.

     (b)  At any time, the director of transportation may transfer from the state highway fund all or any portion of available moneys determined by the director of transportation to exceed one hundred thirty-five per cent of the requirements for the ensuing twelve months for the state highway fund as permitted by and in accordance with section 37-53.  For purposes of the determination, the director of transportation shall take into consideration:

     (1)  The amount of federal funds and bond funds on deposit in, and budgeted to be expended from, the state highway fund during the period;

     (2)  Amounts on deposit in the state highway fund that are encumbered or otherwise obligated;

     (3)  Budgeted amounts payable from the state highway fund during the period;

     (4)  Revenues anticipated to be received by and expenditures to be made from the state highway fund during the period based on existing agreements and other information for the ensuing twelve months; and

     (5)  Any other factors as the director of transportation shall deem appropriate.

     (c)  The department of transportation shall establish county subaccounts within the state highway fund.  Notwithstanding subsections (a) and (b), funds in each county subaccount shall be expended for state highway road capacity projects in the respective county.

     For purposes of this subsection, "state highway road capacity project" means construction:

     (1)  Of a new road;

     (2)  To widen or add additional lanes to an existing road; or

     (3)  That increases the number of vehicles that may be driven on an island and alleviates the level of traffic congestion on existing roads of that island,

and any planning, design, or right-of-way acquisition related to the construction.

     (d)  The department of transportation shall establish a county progress subaccount into which the department shall deposit all funds received pursuant to section 291C-171(c) or assessed and collected under section 291D-  , and from which the department shall allocate moneys for the Lahaina bypass north project; provided that:

     (1)  Upon substantial completion of the Lahaina north project, moneys in the subaccount shall subsequently be allocated to state-designated critical highway projects within the county in which the uncontested traffic infractions were committed; and

     (2)  Moneys in the subaccount shall be expended in a manner consistent with subsection (a)."

     SECTION 3.  Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-171  Disposition of fines and forfeitures.  (a)  All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments collected relating to the commission of traffic infractions shall be paid to the director of finance of the State.

     (b)  In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments.  The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency.  Any interest penalty imposed as provided in this section may be waived by the court for good cause.  All penalties collected for [such] any outstanding citations and judgments shall be paid to the director of finance of the State.

     (c)  Beginning July 1, 2025, fines and forfeitures collected for uncontested traffic infractions committed within any county having a population of more than one hundred fifty thousand but less than one hundred seventy-five thousand shall be transmitted pursuant to section 291D-  ."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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, 2050.

Report Title:

Judiciary; DOT; Uncontested Traffic Cases; State Highway Fund; Lahaina Bypass

Description:

Transfers to the Department of Transportation one hundred per cent of the proceeds of the fines and forfeitures collected for uncontested traffic infractions committed within any county having a population of more than 150,000 but less than 175,000.  Requires the proceeds to be deposited into a new county progress subaccount of the State Highway Fund, from which the DOT shall allocate moneys for the Lahaina Bypass North Project, and subsequently for state-designated critical highway projects within the county in which the uncontested traffic infractions were committed.  Effective 7/1/2050.  (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 TRAFFIC.

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

     SECTION 1.  Chapter 291D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291D-     Certain uncontested traffic fine proceeds; transmittal to state highway fund.  (a)  Beginning July 1, 2025, the director of finance shall transmit to the department of transportation, not more than thirty days after the end of each fiscal quarter, one hundred per cent of the fine and forfeiture proceeds collected for uncontested traffic infractions committed within any county having a population of more than one hundred fifty thousand but less than one hundred seventy-five thousand.  The proceeds shall be deposited into the county progress subaccount of the state highway fund, as established pursuant to section 248-9(d).

     (b)  The judiciary shall identify those fines and forfeitures assessed and collected for traffic infractions under this chapter that were both:

     (1)  Uncontested; and

     (2)  Committed within the county in which the Lahaina bypass north is located.

     (c)  A traffic infraction shall be deemed uncontested when a person answers a notice of traffic infraction in accordance with section 291D-6(b)(1)."

     SECTION 2.  Section 248-9, Hawaii Revised Statutes, is amended to read as follows:

     "§248-9  State highway fund.  (a)  Moneys in the state highway fund may be expended for the following purposes:

     (1)  To pay the costs of operation, maintenance, and repair of the state highway system, including without limitation, the cost of equipment and general administrative overhead;

     (2)  To pay the costs of acquisition, including real property and interests therein; planning; designing; construction; and reconstruction of the state highway system and bikeways, including without limitation, the cost of equipment and general administrative overhead;

     (3)  To reimburse the general fund for interest on and principal of general obligation bonds issued to finance highway projects where the bonds are designated to be reimbursable out of the state highway fund;

     (4)  To pay the costs of construction, maintenance, and repair of county roads; provided that none of the funds expended on a county road or program shall be federal funds when expenditure would cause a violation of federal law or a federal grant agreement; and

     (5)  To pay the costs of establishing and maintaining a drug and alcohol toxicology testing laboratory that is intended to support the prosecution of offenses relating to operation of a motor vehicle while under the influence of an intoxicant.

     (b)  At any time, the director of transportation may transfer from the state highway fund all or any portion of available moneys determined by the director of transportation to exceed one hundred thirty-five per cent of the requirements for the ensuing twelve months for the state highway fund as permitted by and in accordance with section 37-53.  For purposes of the determination, the director of transportation shall take into consideration:

     (1)  The amount of federal funds and bond funds on deposit in, and budgeted to be expended from, the state highway fund during the period;

     (2)  Amounts on deposit in the state highway fund that are encumbered or otherwise obligated;

     (3)  Budgeted amounts payable from the state highway fund during the period;

     (4)  Revenues anticipated to be received by and expenditures to be made from the state highway fund during the period based on existing agreements and other information for the ensuing twelve months; and

     (5)  Any other factors as the director of transportation shall deem appropriate.

     (c)  The department of transportation shall establish county subaccounts within the state highway fund.  Notwithstanding subsections (a) and (b), funds in each county subaccount shall be expended for state highway road capacity projects in the respective county.

     For purposes of this subsection, "state highway road capacity project" means construction:

     (1)  Of a new road;

     (2)  To widen or add additional lanes to an existing road; or

     (3)  That increases the number of vehicles that may be driven on an island and alleviates the level of traffic congestion on existing roads of that island,

and any planning, design, or right-of-way acquisition related to the construction.

     (d)  The department of transportation shall establish a county progress subaccount into which the department shall deposit all funds received pursuant to section 291C-171(c) or assessed and collected under section 291D-   , and from which the department shall allocate moneys for the Lahaina bypass north project; provided that:

     (1)  Upon substantial completion of the Lahaina north project, moneys in the subaccount shall subsequently be allocated to state-designated critical highway projects within the county in which the uncontested traffic infractions were committed; and

     (2)  Moneys in the subaccount shall be expended in a manner consistent with subsection (a)."

     SECTION 3.  Section 291C-171, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-171  Disposition of fines and forfeitures.  (a)  All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments collected relating to the commission of traffic infractions shall be paid to the director of finance of the State.

     (b)  In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments.  The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency.  Any interest penalty imposed as provided in this section may be waived by the court for good cause.  All penalties collected for such outstanding citations and judgments shall be paid to the director of finance of the State.

     (c)  Beginning July 1, 2025, fines and forfeitures collected for uncontested traffic infractions committed within any county having a population of more than one hundred fifty thousand but less than one hundred seventy-five thousand shall be transmitted pursuant to section 291D-   ."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  This Act shall take effect on July 1, 2025.

Report Title:

Judiciary; DOT; Uncontested Traffic Cases; State Highway Fund; Lahaina Bypass

Description:

Transfers to the Department of Transportation 100% of the proceeds of the fines and forfeitures collected for uncontested traffic infractions committed within any county having a population of more than 150,000 but less than 175,000.  Requires the proceeds to be deposited into a new county progress subaccount of the state highway fund, from which the Department shall allocate moneys for the Lahaina bypass north project, and subsequently for state-designated critical highway projects within the county in which the uncontested traffic infractions were committed.

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. 622

Honolulu, Hawaii

RE:    S.B. No. 1658

       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 S.B. No. 1658 entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Transfer to the Department of Transportation one hundred percent of the proceeds of the fines and forfeitures collected for uncontested traffic infractions committed within any county having a population of more than one hundred fifty thousand but less than one hundred seventy-five thousand; and

     (2)  Require the proceeds to be deposited into a new county progress subaccount of the State Highway Fund, from which the Department shall allocate moneys for the Lahaina Bypass North Project, and subsequently for state-designated critical highway projects within the county in which the uncontested traffic infractions were committed.

     Your Committee received comments on this measure from the Judiciary and Department of Transportation.

     Your Committee finds that the Lahaina Bypass North is a critical infrastructure project for the State, specifically serving the communities of West Maui.  The bypass is vital for improving traffic flow, supporting emergency response, and providing alternative access routes, especially in the wake of recent wildfires that have highlighted the vulnerabilities of the region's transportation network.  This measure will facilitate additional funding for this important capital improvement project by requiring the proceeds of the fines and forfeitures collected for uncontested traffic infractions in certain counties to be deposited into a new progress subaccount of the State Highway Fund, from which the Department of Transportation shall allocate funds for the Lahaina Bypass North Project.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (2)  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 S.B. No. 1658, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1658, 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,