STAND. COM. REP. NO. 3344

Honolulu, Hawaii

RE: H.B. No. 1539

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Transportation and Culture and the Arts, to which was referred H.B. No. 1539, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Increase fines for violations of certain traffic laws and required motor vehicle insurance minimums;

(2) Establish minimum and maximum sentences for persons convicted of violations of certain traffic laws; and

(3) Amend the minimum liability coverage thresholds to unspecified amounts.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Hawaii Association for Justice, and eight individuals.

Your Committee received testimony in opposition to this measure from the Office of the Public Defender, American Property Casualty Insurance Association of America, Hertz Corporation, State Farm Mutual Automobile Insurance Company, and three individuals.

Your Committee received comments on this measure from the Department of the Attorney General; Department of Commerce and Consumer Affairs' Insurance Division; Hawaii Insurers Council; and Turo, Inc.

Your Committee finds that as overall traffic fatalities and injuries have increased in recent years, there has been a dramatic increase in traffic violations committed by repeat offenders, including driving without a license, speeding, and committing other traffic violations. Your Committee recognizes the need for greater safeguards and deterrents to protect the safety and welfare of the State's residents. This measure will increase fines for repeat offenders to prevent hazardous driving.

Your Committee has amended this measure by:

(1) Establishing penalties for the placement of any device upon a vehicle designed to immobilize the vehicle without consent of the owner of the vehicle;

(2) Inserting language that establishes a separate prohibition on driving motor vehicles having noisy mufflers on public highways in high-density areas;

(3) Inserting language that defines "high-density areas";

(4) Inserting unspecified penalty amounts, imprisonment sentences, community service times, and insurance amounts;

(5) Inserting language that establishes tiered fines for violations of motor scooter muffler regulations;

(6) Inserting language that establishes tiered fines for violations of motor vehicle muffler regulations;

(7) Amending section 1 to reflect its amended purpose; and

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

Your Committee notes that the House Draft 1 of this measure contains unspecified insurance liability coverage minimums. Should your Committees on Judiciary and Consumer Protection choose to deliberate on this measure, your Committee respectfully requests that they consider minimum bodily injury liability insurance levels of $25,000 per person and $50,000 per accident.

As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1539, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1539, H.D. 1, S.D. 1, and be referred to your Committees on Judiciary and Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,

________________________________

CHRIS LEE, Chair