STAND. COM. REP. NO.  2133-26

 

Honolulu, Hawaii

                , 2026

 

RE:   S.B. No. 2429

      S.D. 1

      H.D. 2

 

 

 

 

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Madame:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2429, S.D. 1, H.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

     (1)  Establish a framework for the use of intelligent speed assistance technology for habitual speeders;

 

     (2)  Clarify liability for a manufacturer, distributor, or retailer regarding the design, manufacture, installation, or repair of an aftermarket intelligent speed assistance system;

 

     (3)  Allow probation for persons who are charged with excessive speeding; and

 

     (4)  Require a report to the Legislature on certain data and the effectiveness of intelligent speed assistance requirements.

 

     Your Committee received testimony in support of this measure from the Department of Transportation; Smart Start LLC; AAA Hawaiʻi; Families for Safe Streets; Oahu Metropolitan Planning Organization; Hawaiʻi Bicycling League; Alliance for Automotive Innovation; Law Office of Georgette A. Yaindl, LLLC; and one individual.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Judiciary and Department of the Attorney General.

 

     Your Committee finds that excessive speeding and racing offenses continue to pose serious risks to public safety and that repeat offenders warrant targeted, technology-based interventions to reduce recidivism and prevent harm.  Your Committee further finds that this measure provides a structured, technology-based intervention to enhance traffic safety and reduce recidivism among the State's most dangerous drivers.

 

     Your Committee has amended this measure by:

 

     (1)  Placing the new part relating to intelligent speed assistance and habitual speeding within the Statewide Traffic Code, chapter 291C, Hawaii Revised Statutes, rather than the Highway Safety Chapter, chapter 286, Hawaii Revised Statutes;

 

     (2)  Amending the habitual speeder designation provisions by:

 

          (A)  Expressly including speeding violations adjudicated as traffic infractions;

 

          (B)  Authorizing the court to designate a habitual speeder on its own motion or upon motion by the prosecuting attorney; and

 

          (C)  Defining the term "pedestrian-priority area";

 

     (3)  Establishing penalties for operating a motor vehicle in violation of a court-ordered intelligent speed assistance requirement or circumventing or tampering with an active intelligent speed assistance system;

 

     (4)  Clarifying provisions relating to automobile manufacturer, distributor, and retailer liability for active intelligent speed assistance systems;

 

     (5)  Amending the financial assistance and equity provisions to assign administration of partial financial relief for intelligent speed assistance systems to the Department of Transportation and to clarify eligibility for offenders subject to a court-ordered intelligent speed assistance requirement;

 

     (6)  Clarifying the rulemaking authority of the Judiciary; and

 

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

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2429, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2429, S.D. 1, H.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

DAVID A. TARNAS, Chair