Law gives drivers ticket break

By Gordon Y.K. Pang
Advertiser Capitol Bureau

Motorists would be able to pay an administrative fine to the city for traffic violations rather than a standard traffic ticket under a bill Mayor Jeremy Harris allowed to become law without his signature yesterday.

The law won't take effect until July 1, 2005 .

The move sets up a likely fight next year between the city and the state over who should get the revenues of fines and forfeitures. Those proceeds now go to state coffers. But city officials have long argued that they should get at least the money that comes from uncontested fines, or those not requiring court appearances, because the state does not pay for Honolulu police who issue the tickets.

Councilman Charles Djou, who introduced the bill, said estimates show the city would be able to net between $5 million and $10 million if allowed to distribute its own administrative fines in lieu of traditional traffic citations. Under the bill, a motorist would have the option of asking a police officer for either an administrative fine or a traffic ticket. The administrative fine would be $10 less, and would not show up on the person's driving record.

Harris, in a memo to the City Council, said he is returning the bill unsigned because Corporation Counsel David Arakawa believes that existing state law bars the city from imposing administrative fines and citations. Honolulu police and city prosecutors also have questioned the legality of the bill.

Djou said he realizes that the legal issue is unclear and therefore delayed the ordinance's implementation date. That will give the Legislature time to address the issue before the law actually takes effect. Djou said he hopes that lawmakers will pass a bill that will give the counties at least a portion of the amount collected.

"If they continue to drag their feet, then yes, this bill will become law and this will bring the matter to a head," he said. Lawmakers could also pass a bill barring the city from imposing its own administrative fines, in which case the city could take its case to court, he said.

"Ultimately, in terms of the legality of this, either the Legislature passes a law (legalizing it), or its got to be taken up before the Hawai'i Supreme Court," Djou said.

Harris, rather than veto the bill outright, indicated support for Djou's intent.

"Although the bill will not be able to withstand scrutiny, the issue of unadjudicated fines and forfeitures is an important one and requires redress by the state Legislature," Harris wrote, noting that his administration has sought unsuccessfully the return of uncontested fines and forfeitures since he entered office in 1994. "This bill would provide the mechanism for discussion at the 2005 legislative session to resolve this inequity."

Reach Gordon Y.K. Pang at 525-8070 or gpang@honoluluadvertiser.com.