STAND. COM. REP. NO. 3344
Honolulu, Hawaii
RE: H.B. No. 2033
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committees on Transportation, Energy and Intergovernmental Affairs, and Education, to which was referred H.B. No. 2033, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Require sellers and licensed dealers to ensure that a motor vehicle is equipped with a front number plate mounting bracket or device;
(2) Require a seller, licensed dealer, or owner to securely fasten number plates on vehicles;
(3) Amend the traffic code relating to street racing;
(4) Expand the Automated Speed Enforcement Systems Program to high-risk locations of state or county highways as determined by the Department of Transportation, under certain conditions;
(5) Appropriate funds into and out of the Automated Speed Enforcement Systems Program Special fund;
(6) Allow counties to use automatic license plate recognition systems to identify vehicles without current inspection or registration certificates and issue citations with fines waivable if compliance is demonstrated;
(7) Establish data privacy and retention requirements;
(8) Allow counties, in coordination with the Department of Transportation, to use red light and speed camera systems for enforcement;
(9) Authorize 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;
(10) Amend the fines for passing or overtaking a school bus while the bus is stopped and its visual signals are turned on;
(11) Appropriate funds for the installation of camera arms of school buses;
(12) Specify that the Department of Transportation's Motor Vehicle Safety Office shall administer the Photo Red Light Imaging Detector Systems Program Special Fund; and
(13) Clarify language relating to photo red light enforcement, automated speed enforcement, and penalty provisions.
Your Committees received testimony in support of this measure from the Department of Transportation, Department of Education, Department of Customer Services of the City and County of Honolulu, Advocates for Highway and Auto Safety, Oahu Metropolitan Planning Organization, and four individuals.
Your Committees received comments on this measure from the Department of the Attorney General, Judiciary, and one individual.
Your Committees find that traffic fatalities in the State have drastically increased as road users continue to be endangered by reckless driving behaviors, including illegal street racing, operation of unregistered vehicles, and failure to stop for school buses. While new tools and technology are available to address these violations, existing laws and penalties are outdated and have not yet incorporated these tools to better enforce traffic safety. This measure will modernize enforcement of the traffic code to reduce traffic fatalities and improve roadway safety.
Your Committees note the concern raised by the Department of the Attorney General that this measure, in its current form provides for use of technology systems similar to the camera systems established under chapter 291J, Hawaii Revised Statutes, relating to photo red light imaging detector systems, and chapter 291L, Hawaii Revised Statutes, relating to automated speed enforcement systems. The Department of the Attorney General believes that the provisions authorizing the use of automatic license plate recognition systems and school bus infraction detection systems should align with that of existing law. Your Committees also acknowledge the concern raised that implementing mobile vehicle safety inspections for passenger vehicles would improve compliance with vehicle registration laws. Therefore, amendments to this measure are necessary to address these concerns.
Your
Committees have amended this measure by:
(1) Inserting definitions of "county", "county highway", "department", "motor vehicle", "owner" or "registered owner", and "state highway" as they pertain to the Automatic License Plate Recognition Systems Program;
(2) Inserting language establishing the Automatic License Plate Recognition Systems Program to identify motor vehicles that do not properly display a current certificate of inspection or certificate of registration;
(3) Inserting language specifying that the implementation of an automatic license plate recognition system shall be limited to only those locations where a photo red light imaging detector system has been installed;
(4) Inserting language authorizing the State and counties to establish and implement an automatic license plate recognition system;
(5) Inserting language specifying that if the State or any county installs an automatic license plate recognition system, the compensation paid by the State or county to a manufacturer or vendor of the equipment used shall be based only on the value of the equipment and services provided in support of the automatic license plate recognition systems program;
(6) Inserting language requiring the Department of Transportation, in conjunction with the appropriate county, to conduct a comprehensive information and educational campaign to inform motorists and the public about the Automatic License Plate Recognition Systems Program at least sixty days before an automatic license plate recognition system becomes operational;
(7) Inserting language requiring that a warning shall be issued for any violation of certificate of registration and certificate of inspection laws and mailed to the registered owner during the first thirty days an automatic license plate recognition system is operational;
(8) Inserting a definition of "location";
(9) Inserting language imposing certain requirements on the installation and operation of an automatic license plate recognition system;
(10) Inserting language establishing that certain information obtained from an automatic license plate recognition system, including any supporting documentation, shall be prima facie evidence;
(11) Inserting language establishing a process for summons or citations to be issued to a registered owner of a motor vehicle that is determined, by means of an automatic license plate recognition system, to be in violation of certificate of registration and certificate of inspection laws;
(12) Inserting language establishing a registered owner's liability for a summons or citation issued under the Automated License Plate Recognition Systems Program;
(13) Inserting language specifying that the district court shall issue a notice of entry of judgment of default to a registered owner that fails to respond to a summons or citation issued under the Automated License Plate Recognition Systems Program;
(14) Reducing the maximum amount of a fine imposed by means of an automatic license plate recognition system from $200 to $100;
(15) Inserting language clarifying that any summons or citation issued or convictions resulting from evidence obtained through an automatic license plate recognition system shall not be recorded on a person's traffic abstract for purposes of motor vehicle insurance;
(16) Deleting language that would have established certain data retention requirements;
(17) Inserting language establishing fines for the unauthorized disclosure of all personal and confidential information made available by an automatic license plate recognition system;
(18) Inserting language requiring the Department of Transportation to adopt rules to carry out the Automatic License Plate Recognition Systems Program;
(19) Inserting definitions of "department", "motor vehicle", "owner" or "registered owner", "school bus infraction detection system", and "state highway" as they pertain to the school bus infraction detection system;
(20) Specifying that a contractor may install a school bus infraction detection system on the stop arm of the contractor's vehicle;
(21) Inserting language establishing that certain information obtained from a school bus infraction detection system, including any supporting documentation, shall be prima facie evidence;
(22) Inserting language prohibiting a school bus infraction detection system from using or being equipped with facial recognition software or biometric identification technology;
(23) Inserting language establishing a process for summons or citations to be issued to a registered owner of a motor vehicle that is determined, by means of a school bus infraction detection system, to be in violation of section 291C-95, Hawaii Revised Statutes, relating to overtaking and passing a school bus;
(24) Inserting language establishing a registered owner's liability for a summons or citation issued pursuant to a violation detected by a school bus infraction detection system;
(25) Inserting language specifying that the district court shall issue a notice of entry of judgment of default to a registered owner that fails to respond to a summons or citation issued pursuant to a violation detected by a school bus infraction detection system;
(26) Inserting language clarifying the liability for the registered owner of a rental or U-drive motor vehicle;
(27) Inserting language specifying that any penalty for a violation of overtaking or passing a school bus through a school bus infraction system shall be imposed in accordance with section 291C-161, Hawaii Revised Statutes;
(28) Inserting language clarifying that that any summons or citation issued or convictions resulting from evidence obtained through a school bus infraction detection system shall not be recorded on a person's traffic abstract for purposes of motor vehicle insurance;
(29) Inserting language establishing fines for the unauthorized disclosure of all personal and confidential information made available by a school bus infraction detection system;
(30) Inserting language requiring the Department of Transportation to adopt rules to carry out the purposes of the school bus infraction detection system;
(31) Restoring statutory language imposing fines for passing or overtaking a school bus while the bus is stopped and its visual signals are turned on;
(32) Inserting language establishing the liability of drivers on the same highway or road in a residential area in the lane occupied by the school bus and all adjacent lanes;
(33) Deleting language specifying that a school bus shall not be prohibited from installing a camera on the stop arm of the school bus for certain uses;
(34) Specifying that the funds appropriated to the Department of Education shall be for the installation of school bus infraction detection systems;
(35) Inserting language requiring the Director of Transportation to adopt rules allowing for mobile vehicle safety inspections of passenger cars; and
(36) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Transportation, Energy and Intergovernmental Affairs, and Education that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2033, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2033, H.D. 2, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.
Respectfully submitted on behalf of the members of the Committees on Transportation, Energy and Intergovernmental Affairs, and Education,
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________________________________ GLENN WAKAI, Chair |
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________________________________ LORRAINE R. INOUYE, Chair |
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________________________________ DONNA MERCADO KIM, Chair |