STAND. COM. REP. NO. 2960

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2160
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Judiciary and Health and Human Services,
to which was referred H.B. No. 2160, H.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO THE TRAUMATIC BRAIN INJURY
     TRUST FUND,"

beg leave to report as follows:

     The purpose of this bill, as received by your Committees, is
to fund services for traumatic brain injury victims by:

     (1)  Establishing a dedicated trust fund, the Traumatic
          Brain Injury Trust Fund (Fund), to provide services and
          programs relating to traumatic brain injuries; and

     (2)  Imposing a $5 surcharge for speeding violations and for
          driving under the influence (DUI) of intoxicating
          liquor or alcohol convictions to be deposited into the
          Fund.

     Your Committees find those who suffer traumatic brain
injuries often lack the financial resources to properly treat the
injuries.  Your Committees further find that the physical,
cognitive, and behavioral effects of brain injury make it likely
that a person who has suffered a brain injury will face
challenges in re-entering the community.  Hawaii does not
presently have a system to provide, manage, and monitor services
for persons who have suffered brain injuries.  Similarly, support

 
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programs for the families of those who have suffered brain
injuries are largely unavailable.

     Your Committees believe that a state program to defray the
medical costs of brain injury sufferers, and to ease their
reintegration into the community, will help both the injured and
their families, and the community at large.  However, your
Committees do not believe that funding this program through
additional traffic fines is appropriate.  Traffic fines are at a
high level at present, and traffic fines and court administrative
charges were recently increased.  Further, your Committees find
that an additional fine of ten percent of the standard fine would
cause administrative difficulties for the district courts, which
would have to calculate these fines on a case-by-case basis.

     Testimony in support of this measure was submitted by the
Brain Injury Association of Hawaii, six interested individuals,
and a personal injury attorney.  The Department of the Attorney
General and the Department of Health submitted testimony in
support of the intent but expressed some concerns with the bill
as drafted.

     Upon further consideration, your Committees have amended
this measure by deleting its substance and inserting the contents
of S.B. 2654, S.D. 1.

     As affirmed by the records of votes of the members of your
Committees on Judiciary and Health and Human Services that are
attached to this report, your Committees are in accord with the
intent and purpose of H.B. No. 2160, H.D. 2, as amended herein,
and recommend that it pass Second Reading in the form attached
hereto as H.B. No. 2160, H.D. 2, S.D. 1, and be referred to the
Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Judiciary and
                                   Health and Human Services,



____________________________       ______________________________
SUZANNNE CHUN OAKLAND, Chair       AVERY B. CHUMBLEY, Co-chair


                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-chair


 
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