Law to Address Concerns Raised in Implementation of Distracted Driving Law to be Introduced

The Governor on May 20, 2013 signed House Bill (HB) 980, Relating to Highway Safety, into law, establishing a statewide law prohibiting the use of any mobile electronic device while driving. Following the July 1, 2013 implementation of the law, several concerns have since been raised, including the impact that requiring court appearances has had on our Judiciary. To address these issues, I have drafted a bill to introduce in the 2014 Regular Session that will eliminate the need for court appearances as well as remedy some of the other unforeseen deficiencies found in the law.

The bill I plan to introduce will do the following:

•  Clarify that no person shall operate a motor vehicle while using a mobile electronic device held in the person's hand for the purpose of making or receiving a non-emergency call, texting, or receiving a text message;

•  Provide exemptions for drivers searching for current traffic conditions, accidents, or alternative traffic routes, and drivers of vehicles that are at a complete stop, whether or not the engine is running, in a safe location by the side of the road out of the way of traffic;

•  Clarify the definition of "operate" to mean to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway;

•  Repealing the current fines and substitute a flat fine of $200, except if the violation occurs in a school zone or construction area in which case the fine is $400;

•  Any violation shall be a traffic infraction; thus allowing violators to mail in their fines rather than appearing in court; and

•  Making these changes retroactive to May 20, 2013, the effective date of Act 74.

I am making this information available to the public to ensure that all interested individuals have ample time to prepare their testimonies and be part of the legislative process.

Hawaii State Senate Confirms Judge Lloyd A. Poelman to Maui District Court

Maui Senators congratulate Lloyd A. Poelman on his confirmation to District Court Judge for the Second Circuit, located on Maui.


The Hawaii State Senate today confirmed the appointment of Lloyd A. Poelman as judge to the District Court of the Second Circuit, located on Maui. He was nominated by Chief Justice Mark E. Recktenwald and was subject to Senate confirmation.

"Judge Poelman has established himself as a person of great integrity, judicial competence, and diligence," said Senator Roz Baker, who represents South and West Maui. "We are honored to confirm him to Maui's District Court of the Second Circuit."

"Judge Poelman possesses the experience, temperament, and passion for justice essential to serve on a District Court," said Senator J. Kalani English, who represents Hana, East and Upcountry Maui, Moloka‘i, Lana‘i, Kaho‘olawe. "I believe that the people of Maui will be well-served under his judgeship."

"I am pleased, along with my fellow Maui Senators, to support Judge Poelman's confirmation," said Gilbert Keith-Agaran, who represents Wailuku, Waihe‘e, Kahului. "I am confident that he will serve the people of Maui well in this position based on his knowledge, compassion, and demeanor."

Poelman currently serves as a partner in the Wailuku firm of Poelman and Langa, where his practice includes personal and business law, personal injury, bankruptcy, insurance defense, property law, and estate planning. In addition, he serves as a per diem judge presiding in the District Family Court on Maui.

Poleman earned his Bachelor of Arts degree at the University of Utah in Salt Lake City, Utah, and his Doctor of Jurisprudence from the Brigham Young University, J. Reuben Clark Law School.

He will serve a term of six years.

View the media advisory.

Senator J Kalani English Applauds Arrival of TSA Pre✓ Lanes at Hawaiian Airlines Ticket Lobbies

The Transportation Security Administration (TSA) embarked on its first full week of services aimed at expediting additional TSA Pre✓ security lanes at Kahului Airport on Maui and Līhu‘e Airport on Kaua‘i. Honolulu International Airport has been participating in the new TSA Pre✓ lanes, which are part of an expedited screening initiative by TSA to move passengers identified as low-risk through airport security more quickly, helping to alleviate bottlenecks that slow the check-in process.

Senate Committee on Transportation and International Affairs Chair J. Kalani English issued this statement in response to the program's initial launch:

"The progressive efforts being made by TSA will greatly enhance the experience of our traveling public," said Senator English. "TSA Pre✓ offers an intelligence-driven, risk-based approach to security which is an important step in improving Hawaii's aviation security and alleviating airport congestion."

Members of the Senate Committee on Transportation and International Affairs, along with the State Department of Transportation, met in September with TSA Administrator John S. Pistole and others to discuss TSA-related issues at various airports across the State. The TSA Pre✓ program was among the topics addressed at the meeting. Other issues discussed included additional TSA personnel, decreased processing times, sequestration and possible FAA regulation exemptions for the remote airports.

"A big mahalo to TSA Administrator John S. Pistole and his Hawai‘i based team for taking a proactive approach to aviation security," said Senator English. "I look forward to continuing our work together to improve Hawaii's air travel experience."

This week, the TSA is also opening Pre✓ lanes at checkpoints at Sacramento International Airport, Oakland International Airport, San Jose International Airport and San Diego International Airport. An additional Pre✓ lane at Kona International Airport is expected to open in 2014.

View the media release.