STAND. COM. REP. NO. 746

Honolulu, Hawaii

RE: S.B. No. 224

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 224, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO NOISE CONTROL,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Allow for noise control infractions to be processed under the traffic and emergency period infractions adjudication process; and

(2) Grant the District Court concurrent jurisdiction over noise control infractions committed by minors.

Your Committee received testimony in support of this measure from the Honolulu Police Department, Office of the Mayor of the City and County of Honolulu, Department of the Prosecuting Attorney of the City and County of Honolulu, and one individual. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that many living in urban and high-density areas make legitimate noise complaints quite frequently. Each county has adopted noise control ordinances, violations of which result in the issuance of a citation. The State currently has an expedited adjudication process for similar citations issued for violations of traffic and emergency period infractions. This measure will provide an extra tool for county police officers to expedite the adjudication of noise control infractions and maintain acceptable living standards for the residents of the State.

Your Committee has amended this measure by:

(1) Clarifying that the preaddressed envelope included with the notice of traffic infraction, notice of emergency period infraction, or notice of noise control infraction be directed to the traffic violations bureau of the applicable district court; and

(2) 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 S.B. No. 224, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 224, S.D. 2.

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

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KARL RHOADS, Chair