STAND. COM. REP. NO. 100

Honolulu, Hawaii

, 2005

RE: S.B. No. 591

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation and Government Operations, to which was referred S.B. No. 591 entitled:

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

begs leave to report as follows:

The purpose of this measure is to repeal the penalties provided in section 291C-13, Hawaii Revised Statutes (HRS), relating to accidents involving damage to vehicle or property, because penalties for that chapter are already provided under section 291C-161, HRS.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney (prosecutor) and Honolulu Police Department.

According to testimony of the prosecutor, two different penalties are provided for violation of section 291C-13, HRS. One penalty is within that section and a different penalty is contained in section 291C-161, HRS. Since the latter section was enacted later it should be controlling, and the former section should have had the penalty provision repealed at that time. This measure corrects that oversight.

Your Committee has amended this measure upon recommendation by the prosecutor, by adding a similar amendment for the same reasons to section 291C-18, HRS, relating to false reporting.

As affirmed by the record of votes of the members of your Committee on Transportation and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 591, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 591, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation and Government Operations,

____________________________

LORRAINE R. INOUYE, Chair