STAND. COM. REP. NO. 248

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1397
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred S.B. No. 1397 entitled: 

     "A BILL FOR AN ACT RELATING TO THE STATEWIDE TRAFFIC CODE,"

begs leave to report as follows:

     The purpose of this measure is to strengthen the penalties
imposed upon persons operating a moped without a driver's
license.

     Testimony in support of the measure was received from the
Honolulu Police Department.  Testimony in opposition of the
measure was received from a private citizen.

     Your Committee finds that under existing law, a person
convicted of operating a moped without a valid driver's license
is fined:

     (1)  Not more than $200 for a first conviction thereof;

     (2)  Not more than $300 for conviction of a second offense
          committed within one year after the date of the first
          offense; and

     (3)  Not more than $500 for conviction of a third or
          subsequent offense committed within one year after the
          date of the first offense.


 
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                                   STAND. COM. REP. NO. 248
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     In addition to the fine, the court may require a person
convicted of operating a moped without a valid driver's license
to attend a course of instruction in driver retraining as deemed
appropriate by the court.

     This measure raises the fine ceiling from $500 to $1,000 and
providing the courts with the alternative to sentence a person
convicted of operating a moped without a valid driver's license
to a maximum of thirty days in prison.  Your Committee believes
this will act as a further deterrant against such unlawful
activity while concomitantly resulting in safer streets and
highways for the general public.

     As affirmed by the record of votes of the members of your
Committee on Transportation and Intergovernmental Affairs that is
attached to this report, your Committee is in accord with the
intent and purpose of S.B. No. 1397 and recommends that it pass
Second Reading and be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation
                                   and Intergovernmental Affairs,



                                   ______________________________
                                   CAL KAWAMOTO, Chair

 
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