STAND. COM. REP. 1093

Honolulu, Hawaii

, 2003

RE: S.B. No. 635

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 635, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC FINES,"

begs leave to report as follows:

The purpose of this bill is to establish a problem solving courts special fund and provide additional funding for the Judiciary computer system special fund. Both special funds will be funded, in part, through moneys collected from uncontested traffic fines, forfeitures, assessments, and penalties for traffic infractions.

The Hawaii State Bar Association and American Civil Liberties Union of Hawaii testified in support of the bill. The Judiciary testified in support of the measure and offered amendments. The Police Department of the City and County of Honolulu and Department of Budget and Finance of the State of Hawaii opposed the measure.

Your Committee finds that the use of traffic fines, forfeitures, assessments, and penalties for traffic infractions is appropriate to fund the implementation of the Judiciary's Information Management System (JIMS) project and the proposed problem solving courts. The JIMS project will significantly improve the administration of traffic citations and collection of fines and facilitate coordination among law enforcement agencies. The problem solving courts will provide treatment and rehabilitation for addiction and mental illness by addressing root causes of criminal behavior and enhancing respect for rules of law. These programs will contribute to safety on public roads by reducing traffic accidents and incidence of arrests for driving under the influence of alcohol or drugs as well as promote public awareness of road safety.

Your Committee has amended this bill by:

(1) Clarifying that the moneys collected from uncontested traffic fines, forfeitures, assessments and penalties are directed to the problem solving courts special fund, except for the amount allocated to the Judiciary computer system special fund for the next two fiscal years;

(2) Amending the purpose section of the bill to include the Legislature's findings regarding the nexus between the beneficiaries of the special funds and the source of the funds;

(3) Amending section 601-3.7 to authorize the transfer of uncontested traffic fines to the judiciary computer system special fund;

(4) Adding language appropriating money from the problem solving courts special fund and the judiciary computer system special fund;

(5) Adding a severance clause; and

(6) Making technical, nonsubstantive changes for purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 635, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 635, S.D. 2,

H.D. 1, and be referred to the Committee on Finance.

 

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

 

____________________________

ERIC G. HAMAKAWA, Chair