STAND. COM. REP. NO.  283

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 57

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Transportation, to which was referred H.B. No. 57 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this bill is to bring fairness and accuracy to the traffic abstract process by requiring district courts to delete any violation which the driver is found not to have committed from a driver's traffic abstract.

 

     The Judiciary testified in opposition to this bill.

 

     Currently, a driver's traffic abstract contains a record of any moving violation a driver is alleged to have committed, even if the driver was not convicted of committing the violation or found by the courts to have not committed the violation.  This record of moving violation may be detrimental to the driver, particularly when applying for employment or insurance that requires a traffic abstract.  As such, this measure is fair and just.

 

     However, your Committee notes the concerns raised by the Judiciary that they are required by law to be courts of record for all court proceedings and therefore need to keep records of these types of violations.  Your Committee further notes that although the Judiciary testified in opposition to this measure, they did propose amendments to the bill that would appear to accomplish the goal of having traffic abstracts cleared on alleged violations not resulting in conviction.

 

     Accordingly, your Committee has amended this measure by:

 

(1)  Making amendments to the correct section of the Hawaii Revised Statutes dealing with operating records rather than district court records;

 

(2)  Specifying that only convictions or civil judgements for moving violations shall be furnished on a certified traffic abstract; and

 

(3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     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. 57, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 57, H.D. 1, and be referred to the Committee on Judiciary.

 

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

 

 

 

 

____________________________

JOSEPH M. SOUKI, Chair