CONFERENCE COMMITTEE REPORT NO. 22

                            Honolulu, Hawaii
                                            , 1999

                            RE:   S.B. No. 709
                                  S.D. 1
                                  H.D. 2
                                  C.D. 1




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

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 709, S.D. 1, H.D. 2, entitled:  

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

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this measure is to allow use of a photo
technology system to enforce the violation of unlawful crossing
of longitudinal lane markings in conjunction with the photo red
light and speed imaging detector demonstration project.

     Upon further consideration, your Committee on Conference has
amended this measure by using the Senate Draft of the bill.  This
draft was further amended by:

     (1)  Changing the procedures relating to rebutting prima
          facie evidence of a traffic violation obtained pursuant
          to the photo technology system establishing that the

 
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          registered owner was the operator of the vehicle during
          a violation of the applicable traffic laws.  As
          amended, the prima facie evidence may be rebutted by
          submission of a declaration under penalty of perjury
          signed by both the registered owner and the vehicle
          operator.  The declaration shall state the name,
          current address, and driver's license number of the
          vehicle operator and a description of the violation.
          Within forty-eight hours of receiving this information,
          the contractor or appropriate county police department
          shall cause a summons or citation to be mailed to the
          operator of the vehicle;

     (2)  Deleting language that limited use of a photo
          technology system in any one location from thirty
          minutes after sunrise to thirty minutes before sunrise;
          and

     (3)  Making technical, nonsubstantive changes for purposes
          of clarity and consistency.

     Your Committee on Conference is in accord with the intent
and purpose of S.B. No. 709, S.D. 1, H.D. 2, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as S.B. No. 709, S.D. 1, H.D. 2, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
            HOUSE                             SENATE
                                   
                                   
                                   
______________________________     ______________________________
KENNETH T. HIRAKI, Co-Chair        CAL KAWAMOTO, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
KENNY GOODENOW, Co-Chair           MATTHEW M. MATSUNAGA, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
BOB NAKASONE, Member               ROBERT BUNDA, Member

 
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______________________________     ______________________________
K. MARK TAKAI, Member              LES IHARA, JR., Member
                                   
                                   
                                   
______________________________     ______________________________
GALEN FOX, Member                  RANDY IWASE, Member
                                   
                                   
                                   
                                   ______________________________
                                   SAM SLOM, Member


 
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