STAND. COM. REP. NO. 3268

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2148
                                        




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. 2148 entitled: 

     "A BILL FOR AN ACT RELATING TO MOTORCYCLE AND MOTOR SCOOTER
     INSURANCE,"

begs leave to report as follows:

     The purpose of this measure is to establish consistency
between the penalty provisions relating to motor vehicles and the
penalty provisions relating to motorcycles and motor scooters.

     Your Committee received testimony in support of this measure
from the Insurance Commissioner, Office of the Public Defender,
and Consumer Lawyers of Hawaii.

     The motor vehicle insurance code permits a driver operating
a motor vehicle without insurance to raise a good faith defense
based on lack of knowledge or proof of insurance.  The motorcycle
and motor scooter insurance code contains no such defense.  Your
Committee finds that this disparate treatment in the law for
identical conduct is inequitable and is more likely the result of
oversight than deliberate disparagement.  This measure would make
the laws consistent by establishing a good faith defense for the
operators of motorcycles and motor scooters.

     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. 2148 and recommends that it pass Third Reading.

 
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                                   STAND. COM. REP. NO. 3268
                                   Page 2



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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
a                                                     HB2148