Despite deaths, traffic safety bills rarely become law

By Mike Leidemann
Advertiser Transportation Writer

Most of the bills dealing with speeding, drunken driving and other traffic safety issues at the state Legislature this year are unlikely to advance, despite accidents like the one yesterday that left four people dead, officials said.

DOT Director Rodney Haraga, standing by the site of yesterday's deadly H-1 crash, wonders why efforts to prevent such tragedies fail. Bruce Asato • The Honolulu Advertiser

"I'm frustrated big time," Senate Transportation Chairman Cal Kawamoto said. "I just don't know what it takes anymore. For whatever reasons they seem to die somewhere along the line."

The head of the Senate Judiciary Committee, however, said it's not more laws that are needed. It's more enforcement.

"We already have all the laws we need. The only way to curtail people from doing something as stupid as this is to put more police officers on the road," Sen. Colleen Hanabusa said.

The Judiciary Committee yesterday held up a bill that would have made it a petty misdemeanor for anyone to exceed the speed limit by 25 mph or more or to drive 80 mph or more at any time. First-time offenders could have their license suspended, be fined $1,000 and jailed for up to five days.

"That bill wouldn't have had any impact on the kind of thing that happened today," said Hanabusa, D-21st (Nanakuli, Makaha) yesterday. "We can't just keep passing a new law every time something happens. Laws alone aren't a magic wand."

Hanabusa said she'd prefer creating a new state highway patrol, an idea that is also being considered at the Legislature this year.

Kawamoto, D-18th (Waipahu, Crestview, Pearl City) said tougher laws would deter speeders and racers. His Transportation Committee yesterday approved a bill (SB 2599) that would amend the definition of second-degree negligent homicide to include a death caused by someone driving more than 30 mph over the speed limit.

But lawmakers did so over the objection of the Honolulu Police Department, which prefers an even stronger measure that would make the same offense first-degree negligent homicide.

"We're just trying to get some bill passed," Kawamoto told police Capt. Jose Gaytan. "If they can't even pass a bill that makes speeding a petty misdemeanor, what chance do we have with much tougher measures. We just don't want to see what we saw this morning: four more families grieving because we haven't been able to curtail speeding or road racing."

State Transportation Director Rod Haraga shared some of Kawamoto's frustration.

"It's tough to see things not going through," Haraga said. "When we have accidents like the one today, we're compelled to push even harder. I can't understand why the bills are stalled."

Kawamoto and others said the intentions of new traffic safety measures generally have wide community and lawmaker support, but the bills often wither because of technical problems and opposition from specific groups.

"It's a mystery what happens sometimes, and why," said Carol McNamee, the public policy chairwoman of Mothers Against Drunk Driving, the only group that consistently lobbies for stronger traffic safety laws at the Legislature.

McNamee said she didn't know the lawmakers' specific objections to the excessive speeding bill, but said traffic safety measures generally fail for four reasons:

• Technical problems. "The truth is a lot of the bills just aren't very well written. They have things in them that just don't work legally," she said.

• Formal or behind-the-scenes opposition. Police, prosecutors and public defenders all can have problems with specific aspects of how the bills will be interpreted or enforced. In other cases, industry lobby groups can quietly get a safety measure killed if it would affect their businesses, she said.

"Nobody wants to look like they are against a drunken-driving bill, but sometimes they are," McNamee said. "They move around quietly and make their feelings known behind closed doors."

• Differences between Neighbor Island and O'ahu lawmakers. "Sometimes, they just look at things differently. A bill with one well-intended consequence in Honolulu might affect everybody differently in another part of the state," she said.

• Ideas that are too new. "With some new concepts, people aren't quite sure how they're going to work," she said. Many bills have to be discussed for four or five years before people have a full understanding of what they'll accomplish, McNamee said.

Among the speeding, racing and drunken-driving measures still being considered this year by the state House are bills that would increase the penalties for second-degree negligent homicide involving an automobile; create stiffer penalties for people who continue to drive after their licenses have been revoked or suspended as a result of driving under the influence; and simplify what a DUI suspect, upon arrest, must be told about the implied consent law before agreeing or refusing to be tested.

In the Senate, bills still alive would require the use of child safety seats or booster seats for all children over 4 years but under 7 in a vehicle; make it illegal to operate a vehicle with any measurable amount of illegal drugs in a person's blood, and require bicycle riders under age 18 to wear helmets.

McNamee said she has learned not to get discouraged if a bill fails on the first — or even the fourth — try.

"As long as the bill is heard, and people are hearing the issues, then you are making progress. Sometimes it's better if a bill takes a few years to pass. That way you can be sure everybody understands the issues."

Reach Mike Leidemann at 525-5460 or mleidemann@honoluluadvertiser.com.