STAND. COM. REP. NO. 251-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2253

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 2253 entitled:

"A BILL FOR AN ACT RELATING TO SPEEDING,"

begs leave to report as follows:

The purpose of this bill is to promote public safety by creating severe sanctions for individuals who operate a motor vehicle at speeds far in excess of the posted speed limit. Among other things, this bill:

(1) Creates a criminal offense for excessive speeding;

(2) Provides for graduated sentencing for excessive speeding violations; and

(3) Establishes penalties for excessive speeding, including driver's license suspension or revocation, mandatory driver retraining, fines, assessments, community service, and imprisonment.

The Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, and several concerned citizens testified in support of this measure. The Department of Transportation supported the intent of this measure. The Office of the Public Defender commented on this measure.

Unfortunately, there have been numerous instances of persons driving at excessive speeds being involved in motor vehicle crashes. A number of recent fatal motor vehicle crashes have been attributed to speeding, bringing this issue to prominence in the news media and focusing public attention on this issue. All too often, these tragedies are avoidable.

Your Committee notes that many times individuals cited for speeding in excess of 100 miles per hour have been cited multiple times. In fact, in a high profile case in 2001 in which an individual was killed after a collision with another vehicle involved in a race on the freeway, the driver of the speeding vehicle had been cited for speeding on two prior occasions. Your Committee finds that tragedies involving speeding vehicles can be prevented and that this measure will make Hawaii's roads safer.

However, your Committee understands the concerns raised by the Prosecutor's Office regarding the ability to prove that an individual was driving a vehicle at a speed exceeding the applicable state or county speed limit by 25 miles per hour. Accordingly, your Committee has amended this measure by:

(1) Defining "applicable state or county speed limit" to mean:

(A) The maximum speed limit established by county ordinance; or

(B) The maximum speed limit established by official signs placed by the director with respect to highways under the director's jurisdiction;

and

(2) Making technical, nonsubstantive amendments for 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. 2253, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2253, H.D. 1, and be referred to the Committee on Judiciary.

 

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

 

____________________________

JOSEPH M. SOUKI, Chair