STAND. COM. REP. NO. 729-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 2023

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 H.B. No. 2023, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require the Department of Transportation to administer a statewide program for certification of active intelligent speed assistance systems and select a vendor for the installation and maintenance of systems;

(2) Make circumventing or tampering with an active intelligent speed assistance system a misdemeanor; and

(3) Allow the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations.

Your Committee received testimony in support of this measure from the Department of Transportation; AAA Hawaiʻi; Smart Start LLC; Families for Safe Streets; Advocates for Highway and Auto Safety; Oahu Metropolitan Planning Organization; Law Office of Georgette A. Yaindl, LLLC; and six individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual. Your Committee received comments on this measure from the Department of Customer Services of the City and County of Honolulu; Hawaiʻi Automobile Dealers Association; and Alliance for Automotive Innovation.

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 establishing a statewide program for the certification and monitoring of active intelligent speed assistance systems, coupled with criminal penalties for circumvention or tampering and judicial authority to require installation for repeat violations, provides a structured and enforceable approach that enhances traffic safety while ensuring system reliability, oversight, and accountability.

Your Committee has amended this measure by:

(1) Clarifying and limiting the civil liability of motor vehicle manufacturers, distributors, and retailers for active intelligent speed assistance systems, while preserving liability for knowing or intentional repairs or updates that cause harm and addressing the rights of lessors and lienholders;

(2) Clarifying that the offense of circumvention of, or tampering with, an active intelligent speed assistance system applies to persons who act with the intention or knowledge to circumvent or aid in the circumvention of any vehicular speed law within the State;

(3) Amending the definition of "active intelligent speed assistance system";

(4) Clarifying that the court-ordered installation of active intelligent speed assistance systems for repeat noncompliance with speed limits applies only to vehicles operated by the offender on a public highway; and

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

Your Committee notes that the measure contains a blank number of prior violations that would authorize the court to require the installation of active intelligent speed assistance systems. Your Committee further notes that additional consideration is warranted to determine the appropriate number of prior violations that would justify this requirement.

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 H.B. No. 2023, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 2023, H.D. 2.

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

____________________________

DAVID A. TARNAS, Chair