Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 2017 entitled:

begs leave to report as follows:

The purpose of this measure is to provide that operating a vehicle at greater than thirty miles per hour over the posted speed limit is a class C felony.

Testimony in support of this measure was received from the Department of Transportation. Testimony in opposition was received from the Honolulu Police Department (HPD) and the Office of the Public Defender.

This measure also imposes a fine of $10,000, and a one-year license suspension. For an offense occurring within five years of a prior conviction, the license suspension is for three years.

The intent of this measure is to deter street racing by providing stricter penalties. Any person driving over the posted speed limit by thirty mile per hour would be guilty of a class C felony and fined $10,000 and have the license suspended for one year. A repeat offender within five years of a prior conviction is subject to additional penalties of a three year license suspension and vehicle forfeiture.

Your Committee finds that vehicle racing has become all too common and popular, so much so that it has resulted in deaths of drivers, passengers, and pedestrians. Your Committee feels that it has a legislative and moral obligation to enact tough sentencing laws to deter and punish drivers who feel a need for speed. Moreover, the HPD testified that racing has caused the needless deaths of many innocent people on our highways, and that this measure would be a deterrent to drivers contemplating racing.

HPD's objection to this measure stems from its concern that it has inadequate facilities to store forfeited vehicles. Your Committee believes that their concern is primarily about money, and your Committee finds that monetary concerns should not take a back seat to saving lives.

Your Committee has amended this measure to clarify the basis of the forfeiture.

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 is in accord with the intent and purpose of S.B. No. 2017, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2017, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.