STAND. COM. REP. NO. 160

Honolulu, Hawaii

, 2005

RE: H.B. No. 1325

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 1325 entitled:

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

begs leave to report as follows:

The purpose of this bill is to protect the health, safety, and welfare of the general public. Among other things, this bill:

(1) Establishes a photo speed imaging detector systems program to improve enforcement of speed limits;

(2) Allows county implementation of photo speed imaging detector systems programs;

(3) Authorizes fines collected under county-administered programs to be deposited into a general fund account; and

(4) Authorizes funds from this general fund account to be expended in the county in which the fine was collected for the establishment, operation, management, and maintenance of a photo speed imaging detector systems program.

The Department of Transportation supported this bill. The Department of the Prosecuting Attorney of the City and County of Honolulu (Prosecutor) supported the intent of this measure. A concerned individual testified in opposition to this bill. The Office of Information Practices and Life of the Land offered comments.

Your Committee finds that the prevalence of drivers violating Hawaii's speeding laws, especially on the island of Oahu, has become intolerable. These violations endanger the lives of motorists and pedestrians and compound the already hazardous conditions on Hawaii's roads and highways. Racing and speeding contribute to the frequency and severity of motor vehicle crashes since there is less time to react and stop. Too many tragedies on Hawaii's roadways, many of them recent ones, have been attributed to speeding and racing. This measure will help curb such dangerous activities in Hawaii and protect the health, safety, and welfare of the people of this state.

However, your Committee understands the concerns raised by the Prosecutor that citations will only be deliverable to the registered owner of the vehicle and not the operator of the vehicle at the time a violation occurs. Moreover, the Prosecutor also pointed out that this program did not appear to apply to speed limits established specifically for school and construction zones.

Your Committee also understands the observations of the Office of Information Practices regarding the ambiguity of the penalties for unauthorized disclosure of personal and confidential information in this measure.

Accordingly, your Committee has amended this bill by:

(1) Requiring that evidence that a vehicle was operated in violation of speeding laws as determined by a photo speed imaging detector system, together with proof that the person to whom the summons or citation was sent was the registered owner, rather than the operator, of the vehicle at the time of violation, shall constitute prima facie evidence that the registered owner, rather than the operator, of the motor vehicle was the person who committed the violation;

(2) Authorizing the counties to enforce school and construction zone speed limits using a photo speed imaging detector system;

(3) Clarifying the purpose for which personal and confidential information obtained from a government agency may be used by an agent of the county;

(4) Stating the duty of confidentiality imposed on an agency, its agents, officers, and employees, as recipients of personal and confidential information; and

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

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1325, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1325, H.D. 1, and be referred to the Committee on Judiciary.

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

 

____________________________

JOSEPH M. SOUKI, Chair