STAND. COM. REP. NO. 134-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 1676

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 1676 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

The purpose of this measure is to promote public safety by:

(1) Establishing a three-year pilot program in major arterial zones on state or county highways within urban Honolulu to provide for the implementation of photo red light imaging detector systems to improve traffic enforcement;

(2) Authorizing any affected county to implement the photo red light imaging detector systems pilot program; and

(3) Appropriating funds for the establishment of a photo red light imaging detector systems pilot program.

Your Committee received testimony in support of this measure from the Disability and Communication Access Board, Office of the Mayor of the County of Hawaii, Honolulu Police Department, Department of Transportation Services of the City and County of Honolulu, Hawaii Public Health Institute, and two individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual. Your Committee received comments on this measure from the Judiciary, Department of Transportation, Department of Budget and Finance, AAA Hawaii, MADD Hawaii, Hawaii Bicycling League, Americans for Democratic Action – Hawaii, and PATH – Peoples Advocacy for Trails Hawaii.

Your Committee finds that that the prevalence of motorists who violate Hawaii's traffic laws, particularly those who fail to stop at red lights, has greatly increased. These violations endanger the lives of motorists, pedestrians, and other highway users and compound the already hazardous conditions on Hawaii's roads and highways.

Your Committee has amended this measure by:

(1) Requiring that prior to the installation and operation of any photo red light imaging detector system, a county must conduct a comprehensive engineering review and study of each intersection considered for enforcement via the system and must implement all necessary and appropriate engineering, design, and traffic-control-signal timing measures;

(2) Specifying that photo red light imaging detector equipment must not be positioned at intersections solely because these intersections experience high volumes of traffic;

(3) Specifying that if a county procures the services of a private entity to establish, operate, manage, and maintain the photo red light imaging detector systems pilot program, the private entity must not be compensated in any manner that is based on the number of notices of traffic infraction issued;

(4) Requiring, prior to the commencement of the photo red light imaging detector systems pilot program:

(A) A comprehensive informational and educational campaign to inform motorists and the general public about the photo red light imaging detector systems pilot program; and

(B) A grace period during which warnings, instead of notices of citations, will be issued;

(5) Specifying that the information contained in the notice of traffic infraction will be deemed evidence that the registered owner of the motor vehicle disregarded a steady red traffic-control signal in violation of section 291C‑32(a)(3), Hawaii Revised Statutes;

(6) Changing its effective date to July 1, 2050, to encourage further discussion; and

(7) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

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 H.B. No. 1676, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1676, H.D. 1, and be referred to your Committee on Judiciary.

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

____________________________

HENRY J.C. AQUINO, Chair