CONFERENCE COMMITTEE REP. NO. 172-24

Honolulu, Hawaii

, 2024

RE: S.B. No. 2443

S.D. 2

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2443, S.D. 2, H.D. 2, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Establish the Automated Speed Enforcement Systems Program, to be implemented by the State in only those locations where a photo red light imaging detector system has been implemented;

(2) Create a new offense of noncompliance with maximum speed limit under automated speed enforcement system; and

(3) Appropriate funds.

Your Committee on Conference finds that speed safety cameras are a proven method to deter speeding and are recommended by the National Transportation Safety Board and the Federal Highway Administration for local and state adoption. Your Committee on Conference further finds that an Automated Speed Enforcement Systems Program will reduce speed-related traffic fatalities throughout the State.

Your Committee on Conference has amended this measure by:

(1) Inserting language that prohibits citations to be issued for vehicles driving not less than five miles per hour over the posted maximum speed limit;

(2) Inserting language that authorizes the Department of Transportation to raise the minimum threshold for issuance of a citation pursuant to rules adopted pursuant to chapter 91, Hawaii Revised Statutes;

(3) Clarifying that photographs, microphotographs, video, or other recorded images produced by the automated speed enforcement system shall be prima facie evidence;

(4) Clarifying that any photographs, microphotographs, video, or other recorded images evidencing a violation be available for inspection in any proceeding to adjudicate the liability for that violation;

(5) Deleting the full-time equivalent positions for the administration of the Automated Speed Enforcement Systems Program;

(6) Inserting an appropriation out of the State Highway Fund for the Automated Speed Enforcement Systems Program Special Fund;

(7) Inserting an appropriation amount of $5,000,000 out of the Automated Speed Enforcement Systems Program Special Fund for the purpose of ten radar devices and for the operation of the Automated Speed Enforcement Systems Program;

(8) Inserting an effective date of July 1, 2024; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2443, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2443, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ CHRIS TODD Co-Chair	____________________________ CHRIS LEE Chair
____________________________ DAVID A. TARNAS Co-Chair	____________________________ GLENN WAKAI Co-Chair
____________________________ DARIUS KILA Co-Chair	____________________________ KARL RHOADS Co-Chair
	____________________________ DRU KANUHA Co-Chair