STAND. COM. REP. NO. 3960

Honolulu, Hawaii

RE: H.B. No. 2336

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 2336, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PHOTO RED LIGHT IMAGING DETECTOR SYSTEMS PROGRAM,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Clarify certain provisions in chapter 291J, Hawaii Revised Statutes, to better reflect the legislative intent of the photo red light imaging detector systems program;

(2) Establish minimum display times for yellow lights on traffic-control signals; and

(3) Amend Act 30, Session Laws of Hawaii 2020, as amended, to account for the current timetable of the photo red light imaging detector systems program.

Your Committees received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, and two individuals. Your Committees received testimony in opposition to this measure from one individual.

Your Committees find that in 2019, the Department of Transportation, pursuant to Act 131, Session Laws of Hawaii 2019, convened a multi-agency red light running committee. This committee has worked diligently to prepare for the upcoming red light imaging detector systems pilot program, which is scheduled to begin operating later this year. This measure will clarify the Legislature's intent for the red light imaging detector systems pilot program and provide necessary adjustments to various dates and funding positions to allow the Department of Transportation to fund the anticipated influx of work relating to the pilot program.

Your Committees further find that these infractions should be adjudicated in the same way as the infractions under section 291C-32(c), Hawaii Revised Statutes, meaning that they should be subject to the same procedures regarding answering, court hearings, court actions, and any applicable defenses under chapter 291D, Hawaii Revised Statutes.

Your Committees have amended this measure by:

(1) Making clarifying amendments as recommended by the Department of the Prosecuting Attorney of the City and County of Honolulu;

(2) Subjecting a registered owner who is issued a summons or citation pursuant to chapter 291J, Hawaii Revised Statutes, to procedures pursuant to sections 291D‑7, 291D-8, and 291D-13, Hawaii Revised Statutes; and

(3) 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. 2336, H.D. 2, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 2336, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair