STAND. COM. REP. NO. 3316

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 1457
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
1457 entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to recriminalize traffic
violations involving improperly secured loads.

     Your Committee finds that improperly secured load
violations, as traffic code violations, are presently treated as
non-criminal citations.  Thus, a violator may simply pay the fine
by mail, without a court appearance.  However, the penalties for
improperly secured load violations are graduated, with more
severe penalties (including suspension of registration or
license) applicable to repeat violators.  A police officer citing
a violator does not have immediate access to the violator's court
records, and does not know whether the violator has had prior
violations.  The Judiciary has requested that the law be amended
to allow the sentence for a violation to be determined in court,
so that records can be checked and an appropriate sentence can be
given under the graduated penalty scheme.

     Testimony in support of this measure was submitted by the
Judiciary.

     Upon further consideration, your Committee has amended this
measure by:


 
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                                   STAND. COM. REP. NO. 3316
                                   Page 2


     (1)  Adding language specifying that the violation is not
          subject to the provisions of Chapter 291D, Hawaii
          Revised Statutes;

     (2)  Deleting the penalty provision of suspension of vehicle
          registration or driver license for first time
          violators; and

     (3)  Changing the effective date to July 1, 2000.

     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.
1457, as amended herein, and recommends that it pass Third
Reading in the form attached hereto as H.B. No. 1457, S.D. 1.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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