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COM 0029.010 2020-2022
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COM 0029.010 2020-2022
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Last modified
11/17/2022 1:50:00 PM
Creation date
6/13/2022 8:25:12 AM
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Communications
Communications - Type
COM
Communications - Council Term
2020-2022
Communication
0029
Point
010
Author
Heather Kimball, Council Member
Communications - Referred To
GOREDC
Comments
GOREDC: Filed - 07/05/22
Document Relationships
AGE GOREDC 2022/07/05 (2020-2022)
(Related)
Path:
\Council Records\Agendas\2020-2022\Governmental Operations, Relations and Economic Development Committee (GOREDC)
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March 29, 2022, HSAC Meeting Agenda Fags 1 4 <br /> t � <br /> UN�4�4 <br /> Article III, section 14. "...Each law shall embrace but one <br /> subject, which shall be expressed in its title." FIB 1448 — Relating to <br /> traffic fines. <br /> "Surcharge"— an additional tax, cost or similar compulsory <br /> payment; `fine"— a pecuniary punishment of a person convicted of an <br /> offense. <br /> "Every enactment of the legislature is presumptively <br /> constitutional, and a party challenging a statute has the burden of <br /> showing unconstitutionality beyond a reasonable doubt." <br /> Concerns of the Hawaii County Police Department <br /> "After reviewing this measure with staff, we have some concerns and at this <br /> time, would not be supporting the bill as written; in fact its the consensus that <br /> we should actually oppose the measure. We can appreciate the fact that the <br /> Legislature is recognizing that all of the fines collected for traffic violations <br /> are deposited into the State General Fund and does not directly support the <br /> County Police Departments who are conducting the enforcement, issuing the <br /> citations, testifying in court, etc. <br /> In the past there were measures before the Legislature seeking to have the fines <br /> collected on uncontested citations to be sent to the County as opposed to being <br /> deposited into the State General fund, which we believe would be more <br /> appropriate. The way this measure is drafted will now support the argument <br /> from the community that the police departments issue citations to pad their <br /> budgets or have a quota of how many citations to issue to raise funds, as it <br /> stands now with the current structure this is easily overcome, which is why the <br /> uncontested citation fines were more acceptable. <br /> Of concern with this measure is that it's not clear as to what will be expected <br /> from the County Police Departments as it relates to "Establish a County <br /> Highway Enforcement Program within each county police department..." as <br /> currently all of the County Police Departments have the authority to enforce <br />
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