STAND. COM. REP. NO. 1198

Honolulu, Hawaii

RE: H.B. No. 1377

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1377, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CITATIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Create a five-year electronic citation program; and

(2) Establish an electronic citation surcharge.

Your Committee received testimony in support of this measure from the Judiciary, Department of Transportation, Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Kaua‘i, Department of the Prosecuting Attorney of the County of Maui, Honolulu Police Department, Hawai‘i Police Department, and Hawai‘i Strategic Highway Safety Plan. Your Committee received comments on this measure from the Department of Budget and Finance.

Your Committee finds that the use of paper citation sometimes gives rise to difficulties including supervisors, prosecutors, and judiciary personnel having to decipher handwritten notes that are difficult to read, as well as untimely delivery of citations from law enforcement agencies to the Judiciary. These difficulties have the potential to lead to delays in access to citations and to dismissal of traffic citations. Your Committee further finds that the use of an electronic citation system resolves handwriting legibility issues and eliminates the need to collect and scan paper citations. By establishing an electronic citation program in the State, this measure provides numerous benefits to law enforcement, the Judiciary, and the general public, including the streamlining of processes and increased access to information.

Additionally, your Committee notes that revenue projections from the electronic citation pilot programs in the County of Maui and the City and County of Honolulu indicate that an electronic citation surcharge of $5 is not necessary, and that a surcharge of $2 will be self-sustainable.

Accordingly, your Committee has amended this measure by:

(1) Changing the amount of the electronic citation surcharge from $5 to $2;

(2) Removing inapplicable language requiring that the rules adopted by the Judiciary be pursuant to chapter 91, Hawaii Revised Statutes;

(3) Removing the sunset date on the electronic citation special fund;

(4) Making it effective upon its approval; and

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

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. 1377, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1377, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

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

________________________________

KARL RHOADS, Chair