Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred S.B. No. 2017, S.D. 2, entitled:

begs leave to report as follows:

The purpose of this bill is to increase traffic safety by increasing the penalties for persons convicted of racing on a highway at speeds greater than 30 miles per hour over the posted speed limit.

The Department of Transportation testified in support of this bill. Two members of the City Council of the City and County of Honolulu supported the intent of this measure. The Honolulu Police Department (HPD) and Office of the Public Defender opposed this measure.

Racing and speeding contribute to the frequency and severity of motor vehicle crashes since there is less time to react and less time to stop. Too many tragedies on Hawaii's roadways have been attributed to speed and racing and this measure will help curb such extreme activities in Hawaii.

However, your Committee understands the concerns raised by the Office of the Public Defender on upgrading the offense of racing to a C felony for a third offense occurring within five years of two prior convictions. Accordingly, your Committee has amended this measure by:

Although concerns were also raised by HPD regarding the difficulties they will face with storage and maintenance of forfeited vehicles, your Committee finds that it is in the best interest of public health and safety that the forfeiture provision be included as a possible penalty for violation of Hawaii's racing laws. Moreover, your Committee urges HPD to review the possible use of "car boot" type vehicle restriction devices that are placed on a vehicle's tires rendering the vehicle inoperable. This will allow for a vehicle to be stored at the owner's place of residence until forfeiture proceedings are finalized and the vehicle can be sold at auction.

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 S.B. No. 2017, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2017, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.