STAND. COM. REP. NO. 3786

 

Honolulu, Hawaii

                

 

RE:    H.B. No. 2033

       H.D. 2

       S.D. 2

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Sir:

 

     Your Committees on Ways and Means and Judiciary, to which was referred H.B. No. 2033, H.D. 2, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to address roadway safety in a coordinated and strategic manner by updating and amending critical transportation safety statutes.

 

     More specifically, this measure:

 

     (1)  Requires motor vehicle sellers and licensed dealers to ensure that each motor vehicle is equipped with a front number plate mounting bracket or device before the vehicle's sale or delivery to a purchaser;

 

     (2)  Requires a vehicle's seller, licensed dealer, or owner to securely fasten number plates to the vehicle;

 

     (3)  Amends traffic code provisions relating to street racing;

 

     (4)  Authorizes the Automated Speed Enforcement Systems Program to be implemented in any high-risk location of a state or county highway, as determined by the Department of Transportation, based upon an analysis of certain conditions and data;

 

     (5)  Appropriates moneys into and out of the automated speed enforcement systems program special fund;

 

     (6)  Authorizes the State or any county to use automatic license plate recognition systems in accordance with certain conditions to identify vehicles that lack current inspection or registration certificates, establishes penalties, and provides that fines are waivable if compliance is demonstrated;

 

     (7)  Authorizes the installation of cameras on the stop arm of a school bus to record footage for evidence of a violation for passing or overtaking a school bus while the bus is stopped and its visual signals are turned on;

 

     (8)  Holds the registered owner of a vehicle strictly liable for the unlawful passing or overtaking of a school bus if the violation was captured by a school bus infraction detection system;

 

     (9)  Appropriates moneys for the installation of cameras on the stop arms of school buses;

 

     (10) Specifies that the Department of Transportation's Motor Vehicle Safety Office shall administer the photo red light imaging detector systems program special fund and the automated speed enforcement systems program special fund;

 

     (11) Clarifies language relating to the administration of photo red light enforcement and automated speed enforcement and the disposition of fines for violations; and

 

     (12) Requires the Director of Transportation to adopt rules to allow for mobile vehicle safety inspections of passenger cars.

 

     Your Committees received written comments in support of this measure from the Department of Transportation, Department of Education, Oahu Metropolitan Planning Organization, and four individuals.

 

     Your Committees received written comments in opposition to this measure from one individual.

 

     Your Committees received written comments on this measure from the Department of the Attorney General, Judiciary, Hawaii Police Department, City and County of Honolulu Department of Customer Services, American Car Rental Association, Verra Mobility, and one individual.

 

     Your Committees find that roadway safety in the State continues to be a priority as the incidence of injuries and fatalities due to traffic incidents remains high.  Your Committees further find that this comprehensive measure amends statutory provisions to better support several important strategies for decreasing risky driving behavior and increasing roadway safety.

 

     Your Committees have amended this measure by:

 

     (1)  Specifying that registered owners of rental and U-drive vehicles are not liable for violations captured by a school bus infraction detection system if the rental or U-drive vehicle owner provides accurate contact information for the vehicle renter to the issuer of the summons or citation;

 

     (2)  Deleting part IV of the measure, which authorized the State or any county to use automatic license plate recognition systems in accordance with certain conditions to identify and cite vehicles lacking current inspection or registration certificates;

 

     (3)  Amending provisions establishing the School Bus Infraction Detection Systems Program to align the program's requirements with the actual use and deployment of the detection systems;

 

     (4)  Delaying the effective date of the part establishing the School Bus Infraction Detection System Program to allow the Department of Transportation to adopt rules for the new program prior to its implementation; and

 

     (5)  Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

 

     Should a Committee on Conference convene on this measure, your Committees respectfully request that the Committee consider including language from section 1 of H.B. 2031, H.D. 2, S.D. 1 to:

 

     (1)  Establish within the Department of Transportation an Administrative Hearings Division to conduct administrative hearings for matters under the Department's jurisdiction for which an administrative hearing has been specified;

 

     (2)  Direct the Director of Transportation to appoint hearing officers; and

 

     (3)  Authorize the Director to adopt rules as necessary for the establishment and implementation of the Administrative Hearings Division.

 

     As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2033, 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. 2033, H.D. 2, S.D. 2.

 

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

 

________________________________

KARL RHOADS, Chair

 

________________________________

DONOVAN M. DELA CRUZ, Chair