STAND. COM. REP. NO. 3775
Honolulu, Hawaii
RE: H.B. No. 1676
H.D. 1
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Sir:
Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 1676, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Establish the Photo Red Light Imaging Detector Systems Program (Program); and
(2) Authorize the counties to administer the Program and require proceeds of fines to be expended in the county in which the violation occurred for operation of the Program.
Your Committees received testimony in support of this measure from the Department of Transportation; Department of Transportation Services of the City and County of Honolulu; Peoples Advocacy for Trails Hawai‘i; Keiki Injury prevention Coalition; Obesity Prevention Task Force of the Hawai‘i Public Health Institute; Kauai Path, Inc.; Blue Zones Project; Hawaii Bicycling League; MADD Hawaii, and thirty-two individuals. Your Committees received testimony in opposition to this measure from four individuals. Your Committees received comments on this measure from the Judiciary, Office of the Public Defender, Department of Budget and Finance, and Honolulu Police Department.
Your Committees find that drivers who run red lights endanger the lives of motorists and pedestrians and compound the already hazardous conditions on Hawaii's roads and highways. Your Committees further find that in response to concerns of increasing traffic violations in the State, Act 131, Session Laws of Hawaii 2019, required the Department of Transportation to establish a Red Light Running Committee to develop policy recommendations for red light running pilot programs in each county. This measure reflects the recommendations of the Red Light Running Committee and aims to increase public safety on Hawaii's roads and highways.
Your Committees have amended this measure by:
(1) Adding data, statistics, and examples to section 1 to further illustrate the legislative intent;
(2) Clarifying that only a photo of the motor vehicle license plate is required;
(3) Inserting definitions of "owner" and "registered owner";
(4) Clarifying that the State may establish and oversee the Program;
(5) Establishing a minimum two-year Photo Red Light Imaging Detector Systems Pilot Program (Pilot Program) which may be implemented within certain areas of the City and County of Honolulu;
(6) Stipulating that the outer island counties may implement a photo red light imaging detector system following the completion of the Pilot Program;
(7) Allowing the State and Counties to contract a third-party contractor to install, operate, maintain and repair the red light imaging detector system;
(8) Requiring an engineering review and study for each intersection to be conducted prior to the installation and operation of any photo red light imaging detector system;
(9) Requiring a baseline study of the average number of red light violations at each intersection being considered for installation of any photo red light imaging detector system;
(10) Requiring a public education and information program to be conducted at least sixty days before any photo red light imaging detector system cameras become operational for issuing citations at any intersection;
(11) Providing a grace period in which warning notices shall be issued for violations in lieu of summons or citations during the first thirty days that a photo red light imaging detector system becomes operational at any given intersection;
(12) Requiring the applicable county police department to review and verify the validity of the image of the license plate before the summons and citation are mailed;
(13) Requiring only a certificate sworn to or affirmed by the reviewing police department to establish the validity of the photographs or digital images and equipment;
(14) Requiring summons or citations be issued for violations of a steady red signal determined by means of a photo red light imaging detector system beginning January 1, 2021;
(15) Deleting language that would have required the county, county's agent or employee, to be available to testify as to the authenticity of information provided;
(16) Deleting language that would have required a summons or citation to be reissued to a person that a lessor identifies as the lessee of the vehicle at the time of the infraction;
(17) Inserting language to hold liable any registered owner who is the lessor of a rental or U-drive motor vehicle issued a summons or citation and allowing the lessor to pursue reimbursement from the applicable lessee;
(18) Clarifying that a citation shall not be recorded on the motor vehicle owner's traffic abstract nor used for insurance purposes in the provision of motor vehicle insurance coverage;
(19) Clarifying confidentiality requirements and setting the fine for unauthorized disclosure of confidential information at $500;
(20) Adding a new subsection 291C-32(c), Hawaii Revised Statutes, relating to photo red light imaging detector system traffic-control signal violations;
(21) Requiring the Department of Transportation, in consultation with any county that implements a
photo red light imaging detector system pilot program, to submit an annual
report to the Legislature no later than twenty days prior to the convening of
the Regular Sessions of 2021, 2022, 2023, and 2024;
(22) Inserting an appropriation from the state highway fund to the photo red light imaging detector system special fund to be expended by the City and County of Honolulu and the Department of the Prosecuting Attorney;
(23) Making it effective upon its approval with provisions relating to the appropriation taking effect retroactively to July 1, 2020; and
(24) Making technical,
nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1676, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1676, H.D. 1, S.D. 2.
Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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________________________________ KARL RHOADS, Chair |
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