Bill Text: HI HB1754 | 2010 | Regular Session | Amended

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Bill Title: Traffic Violations; Excessive Speeding; Proof of Financial Responsibility

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1754 Detail]

Download: Hawaii-2010-HB1754-Amended.html

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STAND. COM. REP. NO.  285

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 1754

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Transportation, to which was referred H.B. No. 1754 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this bill is to amend Hawaii's excessive speeding law by exempting the offense of excessive speeding from the requirement to provide proof of financial responsibility that accompanies a license suspension or revocation.

 

     The Office of the Public Defender (OPD) supported this bill with proposed amendments.  The Department of Transportation, GEICO, the Hawaii Insurers Council, and State Farm Insurance Companies testified in opposition to this measure.

 

     Current law requires license recertification for drivers convicted of excessive speeding.  A driver whose license has been revoked must show proof of financial responsibility, also known as the SR-22 requirement, before they may regain their license.  The SR-22 provision requires drivers to post $25,000 in cash or bonds.  While it is possible to obtain insurance as proof of financial responsibility, this coverage is often costly.  The provision was enacted to ensure that risky drivers are financially responsible when they drive and to serve as a deterrent to speeding, especially excessive speeding, which has been a major contributing factor in numerous traffic crashes.

 

     However, your Committee notes that OPD has reported an increase in court cases because persons convicted of excessive speeding are not able to enter a deferred acceptance of guilty plea and avoid a criminal record.  In addition, many want to avoid the SR-22 requirement.  These drivers, who are oftentimes one-time and not repeat offenders, take their case to trial therefore causing court calendars to be congested.

 

     Your Committee finds that the sentencing provisions for excessive speeding for first-time offenders may be too harsh.  Accordingly, your Committee has amended this measure by:

 

     (1)  Eliminating the provision for a 30-day license suspension or 15-day suspension with limited driving privileges for work-related purposes for first time offenders;

 

     (2)  Decriminalizing the offense of excessive speeding for first time offenders;

 

     (3)  Eliminating the community service and imprisonment penalty options for first time offenders; and

 

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1754, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1754, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

 

		____________________________ JOSEPH M. SOUKI, Chair