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GM 1194

Informing the Legislature that on June 5, 2026, the Governor signed the following bill into law: SB3157 HD2 CD1 (ACT 094).

2026 Regular Session

Hawaii caps new automated enforcement growth, funds enforcement via a dedicated fund, and requires county coordination for installations.

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Bill Summary · GM 1194

Summary of Bill: SB3157, HD2, CD1 (ACT 094) – Hawaii, 2026

Main purpose and intent

  • Enacted as Act 094 (June 5, 2026) to modify Hawaii’s automated speed enforcement and related traffic safety programs.
  • Updates how fines from automated enforcement are collected and spent, expands certain enforcement programs, and adjusts implementation rules and eligibility.

Key provisions and changes

  • Fines and funding (automated speed enforcement)

    • Fines collected under chapter 291L and section 291C-108 are deposited into the Automated Speed Enforcement Systems Program Special Fund (the “fund”).
    • Funds from the program are to be expended by the department for the establishment, implementation, operation, oversight, management, maintenance, and repair of automated speed enforcement systems, and for implementing the program.
    • Any unencumbered and unexpended funds in excess of $12,000,000 at the close of June 30 of each year lapse to the state general fund.

  • Procurement and operation of speed enforcement systems (Section 291L-3, amended)

    • The State is responsible for establishing and implementing an automated speed enforcement system with funding/oversight via a third-party contractor.
    • The department may reissue procurement for the system every five years.
    • Contracts for existing operation of the automated speed enforcement program (signed before July 1, 2026) are exempt from these new procurement rules; future procurements must comply with these provisions.
    • When the system affects county property, the department must cooperate with the affected county for installation, maintenance, and repair.

  • Automated speed enforcement program fund governance (Section 291L-10, amended)

    • The fund is administered by the department and receives all fines from the program (and 291C-108).
    • The department’s expenditures from the fund are for establishing, implementing, operating, overseeing, managing, maintaining, and repairing the automated speed enforcement system and program implementation.
    • Any unencumbered/unexpended funds exceeding $12,000,000 lapse to the general fund.

  • Photo red light imaging detector systems (Section 291J-2, amended)

    • Establishes the Photo Red Light Imaging Detector Systems Program to enforce traffic-control signal laws.
    • May be implemented by the State or counties after a pilot in Honolulu’s city and county, on state or county highways within the respective county, subject to expansion limits.

  • Expansion limitations for automated speed and photo red light programs (Section 291L-2, amended)

    • Location growth limited to no more than 10 new locations per calendar year for new enforcement systems (counting each location, regardless of technology, as one).
    • No more than 2 new locations per state senatorial district per calendar year.
    • The department may consult with the judiciary on implementation, but the judiciary cannot delay the department’s authority to determine locations or timelines.

  • County definition for program applicability (Section 291J-1, amended)

    • The term “county” is updated to include only counties with a population of 500,000 or more (previously included multiple counties and city-county of Honolulu).

Who is affected

  • State Department responsible for transportation and the automated speed enforcement program.
  • Counties, particularly those with higher populations (500,000+), relevant for program expansion and implementation.
  • Motorists and vehicle owners, who are liable for fines issued via automated speed enforcement and photo red light systems.
  • Third-party contractors engaged to procure and operate automated speed enforcement systems.
  • The judiciary, which may provide input on implementation but does not control location or timelines.

Procedural and timeline aspects

  • Effective date: Act takes effect upon approval (June 5, 2026).
  • Existing contracts for automated speed enforcement operations that were executed before July 1, 2026 are exempt from the new procurement requirements; future contracts must comply.
  • Annual funding rules: any surplus above $12,000,000 in the fund lapses to the general fund each year.
  • The act introduces annual caps on expansion (10 new locations per year statewide; 2 per senatorial district per year).

Practical impact considerations

  • Potentially tighter control on where/how new automated enforcement sites are added.
  • Clearinghouse for fines and program funding via a dedicated special fund, with sunset-like lapse of excess funds to general fund.
  • Emphasis on coordination with counties for installations affecting county property.
  • Provides a pathway to broaden photo red light detectors after a pilot, with expansion governed by statutory caps.

Compiled from official sources — confirm details with the bill’s official record.

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