Senate Standing Committee on Public Safety and Military Affairs

Good afternoon. The Committees on Transportation and the Committee on Public Safety and Military Affairs, is on its hearing agenda for today, March12, 2026 at 3PM in Room 229. Just some announcements, just to ask that the testifiers, we ask that you stand on your written testimony or limit your testimony to two minutes. Decision making will follow after the hearing, and time permitting, but I think we'll be able to do that today. Thank you, committee on public safety for, being here as well.

Let's proceed then with HB 1158 house draft one, And this is relating to firefighting at commercial harbors. And this limits civil liability of individuals who render fire fight fire fighting services with a fire fighting vessel at any of the state's commercial harbors or road states, any commercial Harbor or waterfront improvement belonging to or controlled by the State or any vessel within a commercial Harbor or road state to only damages resulting from an individual's gross negligence or wanton acts or emissions. Okay. Testifying today, representing the committee of the Department of Transportation, And thank you for being here in person today. And we shouldn't say weather permitting because it's already here.

Aloha. Chairs, Vice Chairs, and Members. Thank you so much for hearing this bill. This was included as part of our administrative package last session, and, this bill originated from a discussion we had with Honolulu Fire Department following the Lahaina fires. We were just talking about all the assets we have available to fight fires and any barriers that we were seeing.

And so in Honolulu Harbor, we used to have a fireboat we no longer do. It it just was not feasible the way the the vessel had been designed and and was used, so we did sell it. But what we did notice is in every single one of our ports statewide accepting Kamalapu on Lanai, there is a vessel that is privately owned that is home ported in these ports that has firefighting equipment, whether it is a fire monitor or just fire, like, a water cannon. And and so this bill aims to reduce liability that may reduce their barriers to, working with a firefighter to to extinguish a fire at our ports available for questions.

Okay. And members, please, I'll allow any questions, you may have, on our even first time testifier. So thank you. Thank you for being here, Doreen. Understand, it's just a difficult time, today with the weather out there, but mahalo. Thank you. The Hux Group, Melissa Pevlichek, sends communication in support as well as an individual who's AR in support as well. Is there anyone else wishing to speak on HB 1158? Okay. Hearing none, then that's, all members of the PSM committee.

Any questions? Okay. Can we proceed then? Sure. Okay. You know what though? Because this is this is just a only joint. Let's it's and we only have one more bill with just a transportation. Let's go into decision making. Okay? And you're ready? You got four? That's right.

Okay. I have the Senator Hashimoto.

Okay. All right. Okay. And have you okay? Okay. We'll go into decision making on HB 1158 and this is relating to the firefighting at commercial harbors. Chair's recommendation is to pass this measure as is. Any discussion? Committee on Water and Land, Vice Chair for the vote. I'm sorry. Take it back. This is the Committee on Transportation. Vice Chair for the vote, chair goes Aye on HB 1158.

Okay. Chair's recommendation is to pass unamended HB 1158. [Roll Call] Madam Chair recommendations adopted.

Okay. For PSM committee, same recommendation to pass unamended. [Roll Call] Your recommendation is adopted.

Okay. Thank you. This concludes then the joint hearing of the Committee on Transportation and the public safety and military affairs. Aloha and good afternoon. This is the Committee on Transportation for its hearing on March 12 in Room, 229, on the 301 agenda.

And testifiers, we ask that you stand on your written testimony or limit your oral testimony to two minutes decision making. We'll follow, this hearing. Thank you. Members will proceed with HB 389 and this is relating to uncrewed aircraft offenses. And this clarifies the applicable felony offenses for using an uncrewed aircraft in the furtherance of the commission of a felony. And we have, City and County of Honolulu.

Good afternoon, Chair Inouye, Vice Chair Elefante, and senator DeCorte. Daniel Hugo for the Honolulu Prosecutor's Office, and we're in support of this bill. We just have one recommended amendment. So the original purpose of this bill had been to close the one Modica loophole in the use of a drone in the commission of a felony. So there are some offenses that are already felonies and that actually provide for a higher penalty, a class b, offense, for example.

But because of the Modica rule, if under the current statute, they would all have to be graded at class C. So our original proposal had been to grade all use of a felony or use of a drone in the commission of a felony to a class a. The House took a the House Judiciary Committee took a different tack, which was to make specific exemptions for those aggravated offenses. And we're okay with that. The one thing that we would ask is for an anti merger clause to be in, and that's similar to what happens with use of a firearm in the commission of a felony.

So that those are two separate offenses, and they don't end up merging with each other. But other than that, we are in support of this bill, and we appreciate the committee for taking the time to hear on it. The more, the the cases that we're more likely to see here in Hawaii right now are, prison contraband cases where people are trying to smuggle things in using drones. But, of course, we would want an effective bill just in case people are using it in the commission of more serious or dangerous felonies. I'm available for questions.

Thank you. No. That's interesting. Is that happening right now in in our state and our prisons with, with what you just said, that drones are being used, to pretty much bring in contraband to the prison?

I won't comment on any pending cases.

Oh, yes. Yes.

But what I can say is that there definitely have been advisories about the use of drones, to smuggle in, prison contraband.

Yeah. But drones are flying. Right?

Yes.

Yes. So as an example, if it's a prison, are they getting over any to the prison itself or dropping at someone?

Well, from my understanding, a lot of the a lot of what is being seen across the country are cases where, for example, they'll fly it over a very small section of the prison yard, drop it there, and then inmates will go and

So okay. So the inmates already had kind of predetermined and the arrangements were already made and they know where it's going.

Right. And they're are Interesting. Not not all drones, are flying, so they can also have some drones that, move on the ground.

But they fly in first and then they'll they can go on the ground?

So depending on the type of drone, there are some that fly, and then there are also some that are more like a basically, like a a race car, a small little race car.

But they have in in have is that instant happening in Hawaii, though, the ones just on the ground?

Oh, nothing.

Nothing, I know that. Not that, you know, recently or a week ago, there were complaints that I seen on Hawaii news now with regards to happening in one of our communities on this Island about the, the apartment building or condominium and the, the, the, residents were all complaining about it. Did you know about that issue? And there, there was a complaint. And my understanding from what I saw on television was that, the drone was actually happening throughout all the floors and and, the complaints were made.

Yeah. So I didn't see that specific news story. I do know that there have been, complaints sometimes about drones being used in violation of privacy offenses.

Well, this is the case, the privacy issue, and I'm not sure if you guys saw it. But I'm trying to think what community it was, because they actually had a picture, and they they had residents speaking on it as well, in their objections.

Oh. Yeah. And that would, that would be.

So what what would then be, instead of the the drugs portion of the charges, if it's the drones and with the privacy thing, what would then be the penalty?

Well, so that's why it's important to have a general use of drones in the commission of a felony. Because for example.

Okay.

Violation of privacy in the first degree is a felony. Oh. And that would allow us to charge the two together. So.

Oh, okay.

Rather than us having to think up every single criminal use of a drone, having this general language and then allowing us to prosecute that would be helpful.

Okay. So so this actually is gonna help you folks as well. Okay. Thank you so much. Any questions? Okay. Thank you so much. Appreciate it. We learn a lot every day.

And is there anyone else wishes to speak on HB 389? Okay. Hearing none, then we'll proceed with HB 1166 relating to automated speed enforcement systems program. And this appropriates funds out of the state highway fund for deposit into the automated speed enforcement systems program, special fund, and appropriates funds out of the automated speed enforcement systems program, special fund for the fiscal year 2025-26. DOT. Okay. I see on Zoom. Aloha.

Hi. Good afternoon, Chair, Vice Chair, and Senator DeCorte. HDOT, I'm Robin with HDOT, and we stand by our submitted testimony and strong support. Thank you.

Members, any questions of DOT?

Okay. Robin, Senator Elefante.

Yes.

Hi, Deputy Director Shishido. With this measure, is DOT looking at expanding the enforcement or actually having more speed cameras out throughout the state?

Yes. So as far as you know right now, you know, we have 10 locations. We exceed our contract that, you know, we'll allow up to another 10 locations every year for the next ten years. So with this appropriation, it allows for that next set of, 10 location intersections along with the red light running program as well.

Okay. Thank you. Thank you, Madam Chair.

Thank you. Yes. Senator, DeCorte.

Thank you, Deputy Director. I believe that you folks have your pilot project out, in the Kalihi Area. And if I recall I apologize. I can't remember the number now. It did help to reduce speed in that area. Do you have any data or any numbers on that right now?

So with the red light running, you know, we've seen major crashes decreased by, like, 64% in all the areas. You know, with the automated speed part. We started mornings up in in March. Citations were just starting about mid November, so it's only been about two almost three months with the automated speed. And we haven't looked at, these locations yet, you know, as far as, like, we have our Google data safety platform, but we can start taking a look and see how it's impacted.

But, definitely, you know, with with the red light running, we've seen major, reductions in crashes. So we anticipate the same with automated speed.

Okay. Thank

you. Thank you, Chair.

Thank you. Any further questions? We do have an opposition from Tamara, Tamara McKay, an individual on HB 1166 sends communication in opposition. Anyone else wishes to speak to HB 1166? Please come forward. Aloha and state your name for the record.

Aloha, senator. My name is Pierre Lagot. In response to that, I've seen Ottawa was a city a city in Canada where I where I was born and raised, or not born, but spent some time. We had the same we were one of the first early adopters to that program. And what happened is it had a short term benefit of reducing speed and crashes.

But eventually, everybody learned where those cameras were and where those speed cameras were. So it increased the accidents in other areas. And a lot of these contracts require payments to the company that's supporting it. And originally, the plan was sold as the income coming in would cover the cost of the program. But then later, once everybody learned and their behavior was modified, it ended up costing the city more money.

This is coming from the premier's office of Ontario. They didn't have costing the city more money in the long run now that those cameras have been there for over a decade. Oh. Because the the the income wasn't coming in to offset the the maintenance fees. That's something I think should be considered before a lot of more money. Yeah. More monitoring. I would recommend more monitoring of the other major intersections where accidents are happening. Thank you.

Alright. Thank you. Interesting. Any questions of the testifier? Okay. We'll go into decision making on, HB 1166. I can't find my recommendation now. I thought I saw, Well, the recommendation would be to, for an amendment and I believe it had to do with the, amendment regarding new. Okay. Okay.

We're going to decision making on the, transportation committee, hearing notice of March 12 on HB 389 relating to the uncrewed aircraft offenses. And Chair's recommendation is to pass this measure, with amendments, from the City and County of Honolulu prosecuting attorney's office.

And where to add one more sentence to subsection G beginning on page three, line two, I believe that's correct. And, quote, a conviction and sentence on under this subsection shall be in addition to, and not in lieu of any conviction and sentence for the separate felony, provided that the sentence imposed under this section may run concurrently or consecutively with the sentence for the separate felony. Okay.

And let's see. I think that's it for this bill on HB 389. Any discussions? Hearing none. Vice Chair for the vote. Chair goes Aye.

Chair's recommendation is to pass HB 389 with amendments. [Roll Call] Madam Chair, recommendations adopted.

Thank you. On HB 1166 house draft one relating to automated speed enforcement systems program. Chair's recommendation is to pass with amendments, with technical non substantive amendments. And the appropriation section should be amended to fiscal year 26 dash 2026 to 2027. Can any discussions? Hearing none, Vice Chair for the vote Chair goes Aye.

Chair's recommendation is to pass HB 1166 with amendments of the three members present. Any no votes or votes or reservations? Hearing none. Madam Chair, your recommendation's adopted.

Okay. Thank you so much. And this concludes the Committee on Transportation Hearing notice of March 12. Aloha.