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The Honolulu Advertiser

Updated at 11:18 a.m., Wednesday, April 10, 2002

Governor kills van cams after House repeal vote

• What do you think of the governor's action? Join our van cam discussion.

By Lynda Arakawa and Mike Gordon
Advertiser Staff Writers

A surprising vote by the House last night to repeal traffic camera enforcement of speeding on state roads and highways was the final blow to the much-maligned program. After learning of the vote, Gov. Ben Cayetano today terminated the program, effective immediately.

In a unanimous voice vote, House members approved a bill previously passed by the Senate. The bill, Senate Bill 2077, is expected to be sent to the governor after a final House vote tomorrow, which is viewed as a formality.

The governor said today he would let the bill become law without his signature.

The House action is a significant departure from its earlier position to modify the program in an attempt to make it more palatable to drivers angered by the traffic cameras. House Democrats tabled the repeal measure Friday after Republicans pulled it out of the Transportation Committee, where it was bottled up.

But last night the House voted in favor of supporting the repeal. The House passed the bill on second reading and will take a final vote on the measure tomorrow.

Cayetano, who is on a personal Mainland trip, discussed the development in a telephone call this morning with several members of his staff, said Kim Murakawa, his spokeswoman.

“It has been his long-standing position that the traffic camera program is a creation of the Legislature and whatever the Legislature decided, he would live with,” Murakawa said.

Last night’s action came on the eve of an expected court ruling today on whether the traffic camera program is on solid legal ground. Opponents have asked a judge to dismiss citations because the state can’t prove that a vehicle’s registered owner was operating it.

House Transportation Committee Chairman Joe Souki, one of the staunchest supporters of the program, said the House had tried to salvage the program because he believed it had merit, but that recent legal events have “devolved” the issue.

“The latest occurrence where the judge is beginning to question, and ready to rule on, the legality of the (program) and the continual public outrage that we have has led me to believe that the program at this point cannot be salvaged,” said Souki, D-8th (Waiehu, MÅ‘alaea, NÅpili). “And therefore, in deference to the public, who has shown a great distaste for this program, I am willing to provide before this body that we repeal this program.”

The House had previously passed a bill to eliminate the current program and replace it with a modified system.

The changes had included prohibiting insurance companies from increasing premiums because of speeding tickets, requiring camera citations to include a picture of the driver, and requiring the contractor that runs the program to be paid a flat rate instead of a payment for each citation.

But Souki said last night it was clear that wasn’t enough.

House Republicans, who have pushed for the repeal, applauded the Democrats for supporting the bill.

“It’s quite clear the people have won tonight,” said House Minority Floor Leader Charles Djou, R-47th (Kahalu‘u, KÅne‘ohe). “We are getting rid of a much hated system and returning the power to the people.”

House Majority Leader Marcus Oshiro, D-40th (WahiawÅ, Whitmore), said the Senate’s 25-0 vote to repeal the bill sent a “very strong message” that senators were not interested in discussing fixing the program in conference committee negotiations.
He acknowledged the legal problems contributed to the House’s reversal and that it was not difficult to convince members to support the repeal.

“At this point in time I think the tide had switched over to repealing a program that couldn’t really be fixed,” Oshiro said.
Transportation Committee Vice-Chairman Willie Espero said he has heard from many constituents, both for a repeal and for a modification of the program. He said a positive byproduct of the program was the public discussion and awareness about traffic safety.
The traffic camera program began issuing tickets on Jan. 2.

A ruling on a pivotal legal challenge may be issued today.

On Monday, defense lawyers argued the state can’t identify the drivers in its traffic camera citation cases and must rely instead on a faulty “presumption” that the registered owner was operating the vehicle.