HB 1915: Traffic Code; Destructive or Injurious Materials; Roads; Highways; Penalties

A BILL FOR AN ACT

RELATING TO INJURIOUS MATERIALS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature recognizes that certain irresponsible parties have been intentionally leaving nails, screws, and other items on roads on the island of Oahu, particularly in Kaimuki and Makakilo.  These injurious materials have caused severe damage to the tires of motor vehicles.  The legislature finds it necessary to ensure the safety of drivers and pedestrians by deterring this behavior.

     Accordingly, the purpose of this Act is to prohibit placing, dropping, or leaving destructive or injurious materials on highways, lanes, roads, streets, and alleys.

     SECTION 2.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XII to be appropriately designated and to read as follows:

     "§291C-     Destructive or injurious materials; prohibitions.  (a)  No person shall intentionally or knowingly place or drop upon any part of a highway, lane, road, street, or alley any tack, bottle, wire, glass, nail, screw, or other article that may damage or injure any person, vehicle, or animal traveling along or upon the highway, lane, road, street, or alley, unless the person is authorized to do so by an appropriate governmental agency.

     (b)  Any person who drops or permits to be dropped or thrown upon any highway, lane, road, street, or alley any destructive or injurious material shall immediately remove the material from the highway, lane, road, street, or alley.

     (c)  Any person authorized to remove a wrecked or damaged vehicle from a highway, lane, road, street, or alley shall remove any glass or destructive or injurious material dropped from the vehicle upon the highway, lane, road, street, or alley.

     (d)  No person shall place any destructive or injurious material in or upon a highway, lane, road, street, or alley unless authorized to do so by an appropriate governmental agency.

     (e)  A person convicted of violating of this section shall be guilty of a violation; provided that if:

     (1)  The offense was committed within one year of a prior conviction for a motor vehicle or traffic offense, the person shall be guilty of a petty misdemeanor, unless paragraph (3) applies;

     (2)  The offense was committed within one year of two or more prior convictions for motor vehicle or traffic offenses, the person shall be guilty of a misdemeanor; and

     (3)  The person violated subsection (a) and did so with intent to cause physical harm or damage to any person, vehicle, or animal, the person shall be guilty of a misdemeanor."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Traffic Code; Destructive or Injurious Materials; Roads; Highways; Penalties

Description:

Prohibits placing, dropping, or leaving destructive or injurious materials on highways, lanes, roads, streets, and alleys.  Establishes penalties.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO INJURIOUS MATERIALS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature recognizes that certain irresponsible parties have been intentionally leaving nails, screws, and other items on roads on the island of Oahu, particularly in Kaimuki and Makakilo.  These injurious materials have caused severe damage to the tires of motor vehicles.  The legislature finds it necessary to ensure the safety of drivers and pedestrians by deterring this behavior.

     Accordingly, the purpose of this Act is to prohibit placing, dropping, or leaving injurious materials on highways, lanes, roads, streets, and alleys.

     SECTION 2.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XII to be appropriately designated and to read as follows:

     "§291C-     Injurious materials; prohibitions.  (a)  No person shall intentionally or knowingly place or drop upon any part of a highway, lane, road, street, or alley any tack, bottle, wire, glass, nail, screw, or other article that may damage or injure any person, vehicle, or animal traveling along or upon the highway, lane, road, street, or alley, unless the person is authorized to do so by an appropriate governmental agency.

     (b)  Any person who drops or permits to be dropped or thrown upon any highway, lane, road, street, or alley any destructive or injurious material shall immediately remove the material from the highway, lane, road, street, or alley.

     (c)  Any person authorized to remove a wrecked or damaged vehicle from a highway, lane, road, street, or alley shall remove any glass or other injurious substance dropped from the vehicle upon the highway, lane, road, street, or alley.

     (d)  No person shall place any obstruction in or upon a highway, lane, road, street, or alley unless authorized to do so by an appropriate governmental agency.

     (e)  A person convicted of violating of this section shall be guilty of a violation; provided that if:

     (1)  The offense was committed within one year of a prior conviction for a motor vehicle or traffic offense, the person shall be guilty of a petty misdemeanor, unless paragraph (3) applies;

     (2)  The offense was committed within one year of two or more prior convictions for motor vehicle or traffic offenses, the person shall be guilty of a misdemeanor, unless paragraph (3) applies; and

     (3)  The person violated subsection (a) and did so with intent to cause physical harm or damage to any person, vehicle, or animal, the person shall be guilty of a class C felony."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Traffic Code; Injurious Materials; Roads; Highways; Penalties

Description:

Prohibits placing, dropping, or leaving injurious materials on highways, lanes, roads, streets, and alleys.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  666-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1915

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 1915 entitled:

"A BILL FOR AN ACT RELATING TO INJURIOUS MATERIALS,"

begs leave to report as follows:

     The purpose of this measure is to prohibit placing, dropping, or leaving injurious materials on highways, lanes, roads, streets, and alleys.

     Your Committee received testimony in support of this measure from the Department of Transportation; Palehua Townhouse Association; and four individuals.  Your Committee received comments on this measure from one individual.

     Your Committee finds that the intentional placement of nails, screws, glass, and other injurious materials on public roadways poses a serious threat to motorists, pedestrians, and animals.  Such conduct not only endangers public safety but also imposes unnecessary financial burdens on residents and disrupts the safe flow of traffic.  By expressly prohibiting the placement or leaving of injurious materials on highways and establishing graduated penalties, this measure deters dangerous behavior and promotes safer roadways for all.

     Your Committee has amended this measure by:

     (1)  Inserting the term "destructive or injurious material" where appropriate to ensure consistency;

     (2)  Reducing the penalty from a class C felony to a misdemeanor for an offense that was committed within one year of a prior conviction for a motor vehicle or traffic offense and with the intent to cause physical harm or damage to any person, vehicle, or animal;

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

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

     Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to consider clarifying the term "destructive or injurious material".

     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. 1915, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1915, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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