STAND. COM. REP. NO. 712

Honolulu, Hawaii

, 2005

RE: H.B. No. 88

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 88, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CELLULAR PHONES,"

begs leave to report as follows:

The purpose of this bill is to ban the use of handheld cellular phones while driving a vehicle to promote safety to drivers and pedestrians, increase the driver's attention to the driver's surroundings, and afford the driver with faster reaction time in case emergency action is necessary.

The Hawaii Association of Realtors and Sprint Communications opposed this bill. The Honolulu City and County's Department of the Prosecuting Attorney, Cingular Wireless, T-Mobile USA, and Verizon Wireless provided comments on this measure.

Your Committee has amended this bill by:

(1) Banning the use of mobile telephones unless they are equipped with a hands-free accessory;

(2) Defining "hands-free accessory" and removing other definitions;

(3) Providing that reporting a medical or safety emergency is an affirmative defense;

(4) Establishing a fine of not more than $200, to be suspended for violators who acquire a hands-free accessory;

(5) Changing the effective date to January 1, 2020; and

(6) Moving the proposed law to a new section, and making

technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 88, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 88, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair