STAND. COM. REP. NO. 987-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2750

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2750, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MONETARY OBLIGATIONS,"

begs leave to report as follows:

The purpose of this measure is to prohibit the imposition of restrictions on a person's ability to obtain or renew a driver's license or register, renew the registration of, or transfer or receive title to a motor vehicle, as a consequence of unpaid monetary obligations. This measure is not intended to affect driver's license suspensions related to excessive speeding, lack of motor vehicle insurance, or noncompliance with a child support order.

Your Committee received testimony in support of this measure from the Office of the Public Defender, American Civil Liberties Union of Hawaii, Parents and Children Together, and Hawaii Children's Action Network Speaks!. Your Committee received comments on this measure from the Judiciary, Office of Hawaiian Affairs, and Pono Hawaii Initiative.

Your Committee finds that the inability to obtain or renew a driver's license prevents people who have not committed a crime from getting to work, picking up their children, keeping medical appointments, and ultimately escaping debt. Your Committee believes that individuals should not be subjected to substantial and undue hardship due to their poverty.

Your Committee has amended this measure by:

(1) Deleting language that would have:

(A) Voided certain existing restrictions on driver's licenses and motor vehicle registrations or issuances or transfers of title; and

(B) Required the Judiciary to work with the counties to identify persons directly affected by those restrictions and take any necessary actions;

(2) Allowing individuals prevented from obtaining or renewing a driver's license or motor vehicle registration solely due to failure to pay a monetary assessment for a traffic infraction to petition the court for a driver's license or motor vehicle clearance;

(3) Requiring a court to grant such petitions for a driver's license or motor vehicle clearance; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2750, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2750, H.D. 2.

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

____________________________

CHRIS LEE, Chair