STAND. COM. REP. NO. 2698

Honolulu, Hawaii

RE:    S.B. No. 2729

       S.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2729, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MOBILE ELECTRONIC DEVICES,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the mobile electronic devices law by:

     (1)  Prohibiting the operation of a motor vehicle while using a mobile electronic device held in a person's hand for making or receiving a non-emergency call, texting, or receiving a text message;

     (2)  Adding exemptions to the prohibition;

     (3)  Amending the penalties for violations;

     (4)  Deeming a violation to be a traffic infraction; and

     (5)  Making the amendments effective retroactively to May 20, 2013.

     Your Committee received testimony in support of this measure from one individual.  Your Committee received testimony in opposition to this measure from the Department of Transportation and Police Department of the City and County of Honolulu.  Your Committee received comments on this measure from the Judiciary and Department of the Prosecuting Attorney of the City and County of Honolulu.

     Your Committee finds that after the passage of Act 74, Session Laws of Hawaii 2013, which enacted the mobile electronic devices law (codified as section 291C-137, Hawaii Revised Statutes), the Legislature received numerous complaints from the public about the vagueness and ambiguity of the law and the onerous burden on violators to make a court appearance.  However, it was never the intent of the Legislature that violators be forced to appear in court rather than allowed to mail in the fine without a court appearance as allowed under chapter 291D, Hawaii Revised Statutes, relating to adjudication of traffic violations.  Your Committee further finds that the existing law is fraught with traps for those who use mobile electronic devices in situations that are reasonably within the realm of safe driving.  This measure clarifies the mobile electronic devices law.

     Your Committee has amended this measure by:

     (1)  Deleting from the mobile electronic devices law the exemption for drivers searching for current traffic conditions, accidents, or alternative routes;

     (2)  Changing the effective date to upon approval; and

     (3)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2729, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2729, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair