Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.R. No. 9 entitled:

begs leave to report as follows:

The purpose of this measure is to request the Department of Transportation (DOT) to review several aspects of the photo traffic enforcement program.

Your Committee received testimony in support of this measure from DOT.

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, Affilated Computer Systems (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.

Based on the public's response, your Committee finds that it is prudent to request the DOT to review several aspects of the program, and to report its findings to the Legislature no later than the fortieth legislative day, while there is still time to act upon measures to amend the program.

Your Committee amended this measure to include two additional aspects of the program for DOT review, specifically the correlation between speeding and death, and also ways to ensure that citations do not appear on driving abstracts unless the cited driver was driving in excess of ten per cent over the speed limit.

Your Committee also amended this measure to request the DOT to immediately suspend operation of the photo traffic enforcement program until at least February 20, 2002, the day after the first cited driver will appear in court to contest the ticket. The court's ruling on February 19 may enlighten the legislature.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 9, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 9, S.D. 1.