STAND. COM. REP. NO. 75-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2218

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 2218 entitled:

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

begs leave to report as follows:

The purpose of this bill is to amend the procedure for processing citations to reduce the burden on U-drive (car rental) companies due to parking citations that are not paid for by U-drive renters. This bill:

(1) Increases from 45 to 60 days, the time given an owner/lessor of a leased vehicle cited for a parking violation, to provide the court with the name and address of the lessee; and

(2) Requires, instead of permits, the court to impose a $5 fee on a lessor who does not provide the name and address of the lessee within 60 days, in lieu of holding the lessor responsible for the parking citation.

Wholesale Motors Inc., dba JN Truck & Car Rental, Vanguard Car Rental USA, and Catrala-Hawaii supported this measure. The Judiciary commented on this bill.

Car rental companies in Hawaii rent vehicles to thousands of individuals daily. As a result, they are often faced with paying for citations issued to renters of their vehicles. Your Committee believes that car rental companies should not be held responsible for the actions of their renters, over which they have no control.

However, your Committee understands the technical concerns and financial implications raised by the Judiciary regarding this bill.

Accordingly, your Committee has amended this measure by:

(1) Restoring language regarding a "parking citation" to maintain consistency with current statutory language;

(2) Clarifying that a "notice of traffic infraction" applies to an infraction involving parking;

(3) Inserting a definition of "notice of traffic infraction involving parking";

(4) Restoring language imposing the 45-day notification requirement on lessors;

(5) Requiring that the lessor provide the driver's license number in addition to the name and address of the lessee receiving a parking citation;

(6) Restoring the reference to "citation" in connection with the administrative fee to allow multiple citations and administrative fees to be attached to a single notice of traffic infraction involving parking;

(7) Inserting an appropriation to provide for additional staff, equipment, and supplies necessary to meet the requirements of this measure;

(8) Changing the effective date to July 1, 2005; and

(9) Making technical, nonsubstantive amendments for purposes of 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. 2218, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2218, 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