Harris lets traffic
fine bill passThe ordinance's future is
uncertain because of questions
about its constitutionality
A County Council bill to create administrative traffic tickets with fines that are paid to the city instead of the state will become law without Mayor Jeremy Harris' signature.
How the new law will work
A police officer will issue an administrative ticket -- instead of a traditional ticket -- to a motorist who violates the city traffic code. The fine will be $10 less than the current penalty. If the fine is paid, the money goes to the city. If a motorist challenges the ticket or does not pay the administrative ticket within 10 days, a traditional traffic citation will be issued.
Harris is allowing the measure to become an ordinance despite questions about whether state law prevents the counties from establishing administrative fines for traffic violations.
In his message to the City Council yesterday, the mayor said the bill may not withstand legal scrutiny -- city attorneys did not sign off on its legality -- but he hopes it will drive home the issue with state lawmakers that the counties need the money from uncontested traffic tickets.
"This bill would provide the mechanism for discussion for the 2005 legislative session," said Harris.
Councilman Charles Djou, who introduced the bill, agreed.
"The ball's in the state Legislature's court now and I really hope they do something about this in January," Djou said. "I think having the state give the unadjudicated fines to the counties is the most equitable distribution."
City officials estimate the revenue potential of the law to be between $4 million and $11 million.
One legislative leader said that since state revenue could be affected by the city law, state lawmakers will likely address it next session.
"Yes, we would have to take it up because it's a loss of revenue to the state of Hawaii in the fines and forfeitures of nontax revenue ... basically used to finance the Judiciary," said House Speaker Calvin Say.
The law is effective July 1, 2005, which gives the Honolulu Police Department time to work out the bugs, including designing a new traffic citation and computer program to track the tickets.
But HPD and the Prosecutor's Office are among those concerned about the law's legality.
Djou said he has tried to address their concerns.
"I still believe the (state) law is not clear," said Djou, an attorney. "I don't disagree that you can read into the law that the state has preempted it, but there is no law that says explicitly 'state government has preempted this field of law.'"
The Legislature, however, can trump the city by passing a law that specifically says the county cannot do it, he said.
"The only way to resolve it is either get the state Legislature to pass such a law or you're going to need a court case to finally resolve it," Djou said.
Say countered, "I think it (the city law) will be found unconstitutional."
City & County of Honolulu:
www.co.honolulu.hi.us
