STAND. COM. REP. NO. 4

Honolulu, Hawaii

RE:    S.B. No. 98

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Transportation, to which was referred S.B. No. 98 entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish the offense of endangering public transportation as a class C felony when a person tampers with a public highway or a facility of public transportation, with intent to cause any damage, malfunction, nonfunction, theft, or unauthorized removal of material which would result in the creation of a substantial risk of death or serious bodily injury to anyone.

     Your Committee received testimony in support of this measure from the Department of Transportation, Department of Transportation Services of the City and County of Honolulu, and Honolulu Police Department.

     Your Committee finds that this measure is intended in part, to address the theft of copper wiring along highways.  Your Committee further finds that the theft of copper wiring and vandalism of conduits along the highways creates dangerous conditions for motorists while the highway lights are out.  In addition, stolen copper is costly to replace.  This measure provides another tool for the prosecution of persons who intentionally remove such material without authorization.

     Your Committee notes that a similar statute exists that establishes the offense of theft of copper as a class C felony; however your Committee defers to your Committee on Judiciary and Labor to address this potential issue if it chooses to hear this measure.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 98 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

CLARENCE K. NISHIHARA, Chair