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, Tourism and Intergovernmental Affairs, and Judiciary, to which was referred S.B. No. 2077 entitled:

beg leave to report as follows:

The purpose of this measure is to repeal all laws authorizing the photo traffic enforcement program.

Your Committees received testimony in support of this measure from the State Representative from the 47^th District, the Office of the Public Defender, Government Efficiency Teams, Inc., the Libertarian Party of Hawaii, the National Motorists Association, Servco Pacific, Inc., and eight concerned citizens.

Testimony in opposition to this measure was submitted by the Department of Transportation, the Department of the Prosecuting Attorney of the City and County of Honolulu, the Keiki Injury Prevention Coalition, Affiliated Computer Systems (ACS), Hawaii Independent Insurance Agents Association, and forty-one concerned citizens. Two citizens provided comments on this measure.

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 Department of Transportation (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.

After much discussion of various options to amend or fix the program, your Committees have voted to repeal the entire program and force the DOT to terminate its contract with ACS. Your Committees anticipate further discussion on this issue during this session.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs and Government Operations, Tourism and Intergovernmental Affairs, and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2077 and recommend that it pass Second Reading and be referred to the Committee on Ways and Means.