STAND. COM. REP. NO. 290

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1529

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Madam:

 

     Your Committee on Transportation and International Affairs, to which was referred S.B. No. 1529 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this measure is to clarify the civil adjudication of civil traffic infractions.

 

     Specifically, this measure:

 

     (1)  Establishes that the district court may adjudicate civil traffic infractions charged against minors;

 

     (2)  Applies the civil standard of proof for civil traffic infraction trials;

 

     (3)  Remedies difficulties encountered by certain district courts in complying with concurrent scheduling requirements for civil and related criminal proceedings;

 

     (4)  Protects a defendant's privilege against self-incrimination;

 

     (5)  Promotes consistency in processing and adjudicating moving and non-moving civil traffic infractions; and

 

     (6)  Permits the use of electronic citations.

 

     Your Committee received testimony in support of this measure from the Judiciary and Kauai Safety Agency.  Comments were received from Catrala-Hawaii.

 

     Your Committee finds that this measure would provide clear, unambiguous, and consistent methods of processing traffic infractions in a more expedient and less burdensome manner, while ensuring protections against self-incrimination for defendants.

 

     Your Committee notes the concerns of Catrala-Hawaii to the effect that this measure may make car rental companies responsible for all moving and parking violations.  U-drive companies would become liable for the wrongdoings of their renters who operate the vehicle at the time of the infraction.  Catrala-Hawaii offered suggested amendments to this measure, on which your Committee would defer to the Committee on Judiciary and Labor.

 

     Your Committee has made technical, nonsubstantive amendments for purposes of clarity and style.

 

     As affirmed by the record of votes of the members of your Committee on Transportation and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1529, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1529, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Transportation and International Affairs,

 

 

 

____________________________

J. KALANI ENGLISH, Chair