Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs and Judiciary, to which was referred H.B. No. 2167, H.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to repeal the existing photo traffic demonstration project and replace it with a new photo traffic demonstration project that addresses several of the concerns raised regarding the existing program.

Testimony in support of this measure was received from the Honolulu City and County Department of the Prosecuting Attorney, Keiki Injury Prevention Coalition, and seventeen concerned citizens.

Testimony in opposition to this measure was received from the Department of Transportation (DOT), the Insurance Division of the Department of Commerce and Consumer Affairs, State Farm, Hawaii Independent Insurance Agents Association, the Hawaii Insurer's Council, and sixty concerned citizens. Except for DOT and the insurance companies and associations, all testifiers in opposition to this measure oppose any sort of photo traffic enforcement program.

The photo traffic enforcement program was authorized by Act 234, Session Laws of Hawaii 1998, Act 263, Session Laws of Hawaii 1999, and Act 240, Session Laws of Hawaii 2000. Through these three Acts the Legislature mandated that the DOT contract with a private vendor to implement a photo traffic enforcement program to deter speeders, red light runners, and motorists who illegally cross longitudinal lane markings.

The DOT contracted with a private vendor, ACS, and the photo speed imaging system went into effect in January, 2002. The photo red light system and photo technology systems are not yet in place. Immediately there was a tremendous public outcry by persons both opposed to and in support of the program.

In February, Hawaii's courts began hearing challenges to speeding tickets issued by the photo traffic enforcement system. In addition to issues that have raised the public's ire, there has also proven to be some difficulties in enforcing tickets issued via the system.

Your Committees have amended this measure, therefore, by replacing its contents with the contents of S.B. No. 2077, S.D. 1, the Senate measure that repeals the entire program and does not enact a new program. Not only does this amendment reinforce the Senate's position going into conference, but a majority of the members of your Committees support repeal of the program.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2167, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2167, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.