Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation and Government Operations, to which was referred H.B. No. 438, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to delete the penalties provided in sections 291C-13 (leaving the scene of an accident involving property damage), and 291C-18 (making false reports), Hawaii Revised Statutes, since penalties for these sections are duplicative of the chapter's penalty section.

Your Committee received testimony in support of this measure from the Department of Transportation, Honolulu Prosecuting Attorney, and Honolulu Police Department.

This measure makes a housekeeping change in order to clear up duplication of provisions within the same chapter. The intent is to avoid needless confusion.

Your Committee has amended this measure by clarifying the law on pedestrians' right of way in crosswalks, based upon the law of Washington State. As amended, the measure requires a driver to stop for a pedestrian crossing a crosswalk if the pedestrian is in the same lane as the driver or if the pedestrian is within one lane of the driver. The amendment is intended to protect pedestrians crossing in a crosswalk where there is no signal light. Current law is vague and ambiguous, making it practically unenforceable.

As affirmed by the record of votes of the members of your Committee on Transportation and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 438, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 438, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.