STAND. COM. REP. NO. 274

Honolulu, Hawaii

RE: S.B. No. 824

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred S.B. No. 824 entitled:

"A BILL FOR AN ACT RELATING TO RENTALS OF MOPEDS AND MOTOR SCOOTERS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Prohibit operating a moped or motor scooter from any rental company unless a person wears a safety helmet; provided that the prohibition does not apply if a person has a valid license from any state to operate a motorcycle; and

(2) Prohibit the rental of any moped or motor scooter with an aftermarket modification to its motor.

Your Committee received testimony in support of this measure from the Department of Transportation and seventy-two individuals. Your Committee received testimony in opposition to this measure from the Street Bikers United Hawaii.

Your Committee finds that from 2016 to 2018, there were 23 motor scooter and moped operator fatalities, and of the 23 fatalities, 22 operators were not wearing helmets. Wearing a helmet while operating a moped, powered scooter, or other motorized cycle decreases fatalities and serious injuries. Your Committee notes that according to the Hawaii Injury Prevention Plan for 2012-2017, published by the Department of Health and the Emergency Services and Injury Prevention System Branch, properly worn helmets can reduce the risk of death by 42 percent and the risk of a head injury by 69 percent. This measure would require anyone who rents or leases a motor scooter or moped to wear a helmet and will help to reduce the amount of motor scooter and moped related fatalities.

Your Committee has amended this measure by:

(1) Specifying that rental companies are required to provide helmets to any person renting a motor scooter or moped unless that person provides their own safety helmet; and

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

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. 824, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 824, S.D. 1, and be referred to your Committees on Commerce, Consumer Protection, and Health and Judiciary.

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

________________________________

LORRAINE R. INOUYE, Chair