STAND. COM. REP. NO. 1294-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2344

S.D. 1

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 2344, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

The purpose of this bill is protect the health and safety of the public by:

(1) Establishing a photo red light imaging and photo speed imaging detector systems program to improve enforcement of the speed and traffic signal laws;

(2) Allowing counties to implement the photo red light imaging and photo speed imaging detector systems program;

(3) Authorizing fines collected under county programs to be deposited into a special account within the general fund; and

(4) Authorizing counties to expend funds from this special account for the establishment, operation, management, and maintenance of the photo red light imaging and photo speed imaging detector progam.

 

The Department of Transportation Services and Department of the Prosecuting Attorney of the City and County of Honolulu testified in support of this bill. The Councilmember representing City Council District IX supported the intent of this measure. The State of Hawaii Organization of Police Officers, Catrala-Hawaii, and several concerned individuals testified in opposition to this bill. Hisaka Stone Goto Yoshida Cosgrove & Ching, Attorneys at Law, A Law Corporation, commented on the measure.

Your Committee has amended this bill by:

(1) Requiring that any summons or citation issued pursuant to the photo red light imaging or photo speed imaging detector programs include a clear and unobstructed visual image of the operator of the motor vehicle;

(2) Allowing defendants to call witnesses in open court to testify under oath that the defendant was not the operator of the vehicle at the time of the alleged violation and to use extrinsic evidence for the same purpose;

(3) Changing the effective date to July 1, 2010, to promote further discussion; and

(4) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2344, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2344, S.D. 1, H.D. 2.

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

 

____________________________

DWIGHT Y. TAKAMINE, Chair