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The Honolulu Advertiser
Posted on: Wednesday, March 6, 2002

Senate votes to repeal traffic photo program

By Mike Leidemann
Advertiser Transportation Writer

The state Senate voted unanimously yesterday to repeal Hawai'i's traffic photo enforcement law, setting up an end-of-session showdown with the House of Representatives, which favors saving the program with changes.

"It's time to end this ridiculous, failed experiment," Sen. Bob Hogue said of the traffic photo enforcement program.

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Despite the 25-0 repeal vote, many senators said they still favor some aspects of the camera program.

"There is a time, place and manner for these cameras to be used," said Sen. Jonathan Chun, D-7th (S. Kaua'i-Ni'ihau). "We need to look at the cameras and speed limits, but that can't be done until after this program is repealed."

Last week, the House approved a bill to allow continued use of the cameras. The House bill would amend the law to require camera citations to include a picture of the driver and not affect auto insurance rates. It also would require that the state pay the private camera operator a flat fee instead of the current per-ticket basis.

Yesterday's vote assures the differences between the Senate and House proposals will have to be ironed out in a conference committee in late April.

The Senate vote appears to leave the House with the upper hand in the negotiations, observers said yesterday. House conferees, headed by camera supporter Rep. Joe Souki, D-8th (Waiehu-Ma'alaea-Napili) could have more room to compromise on the existing law, while the Senate seems locked into a repeal-only position.

If the two sides are unable to compromise, the House could simply walk away from the conference table, leaving the current photo enforcement law in place until its scheduled expiration in 2003.

"The worse thing that could happen is that we move into conference committee without any room to maneuver," Sen. Ron Menor, D-18th (Waipahu-Mililani-Crestview) warned his colleagues. "We need a middle ground that can still save this program."

Menor earlier had proposed a one-year moratorium on the camera program to allow more public input on how and where the cameras should be operated. The moratorium was voted down in committee hearings.

"I still think we need to keep the possibility of compromise and moratorium in our back pocket," Menor said.

"I prefer a comprehensive fix of the program," said Sen. Les Ihara, D-10h (Waikiki-Kaimuki). He suggested a photo enforcement program that would allow the same speeding leeway used by police, would have to be approved by counties, would not affect insurance rates and would not provide the camera operator with a financial incentive to issue more tickets.

Others were more insistent that outright repeal was the way to go.

"It's time to end this ridiculous, failed experiment and go back to the drawing board," said Sen. Bob Hogue, R-24th (Kane'ohe-Kailua). "We don't need no stinkin' picture-takers along our highways."

The law authorizing the use of privately operated cameras to catch speeders and red-light running drivers was first approved by the Legislature in 1998 and modified in 2000. The program was implemented by the state Transportation Department in December, touching off widespread criticism and debate about its legality and effectiveness.