Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 85 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize forfeiture of a vehicle for a street racing offense committed within five years of a prior conviction, and to authorize forfeiture of a vehicle that belongs to a minor violator's parents.

Your Committee received testimony in support of this measure from the Department of Transportation. The Honolulu Police Department testified orally in support of this measure. The Office of the Public Defender submitted testimony in opposition to this measure.

Although the Legislature increased the penalties for street racing during the 2002 Regular Session, your Committee finds that the problem remains serious in Hawaii. Modified street racing vehicles are increasingly common in the islands, and the speed with which these vehicles can race makes the problem deadly serious.

Your Committee supports enacting even stricter penalties, including vehicle forfeiture for two offenses committed within a five year period, which illustrates a pattern of disregard for the law.

Your Committee also believes that parents should monitor their children's behavior more closely. If a parent believes that his or her child is using his or her car for street racing, that parent should step in before it's too late. Therefore, your Committee also supports forfeiture of a parent's or guardian's vehicle that is used by a minor for street racing. This problem is too serious to take lightly.

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. 85 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.