STAND. COM. REP. NO. 3155

Honolulu, Hawaii

RE:    S.C.R. No. 97

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Commerce and Consumer Protection and Economic Development and Technology, to which was referred S.C.R. No. 97 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE INSURANCE DIVISION TO CONVENE A WORKING GROUP TO EXPLORE THE CREATION OF A WEB SERVICES-BASED DATABASE PROGRAM TO TRACK UNINSURED MOTORISTS,"

beg leave to report as follows:

     The purpose and intent of this measure is to request the Insurance Division of the Department of Commerce and Consumer Affairs to convene a working group to explore the creation of a web services-based database program to track uninsured motorists.

     Your Committees received testimony in support of this measure from the Department of Commerce and Consumer Affairs, Hawaii Insurers Council, State Farm Insurance Companies, and Property Casualty Insurers Association of America.

     Your Committees find that motor vehicle registration in Hawaii is managed by the counties, so there is no statewide motor vehicle registration database and no agency in the State that currently monitors uninsured motorists.  This measure would request the convening of a working group to study the feasibility of establishing a program to track uninsured motorists and enforce penalties or sanctions against violators.

     Your Committees further find that the City and County of Honolulu currently has a web services-based database that contains certain motor vehicle licensing information.  Your Committees note that setting up a web services-based database program to track uninsured motorists would require input and assistance from the county motor vehicle and licensing divisions, and believe it is appropriate for the Administrator of the Motor Vehicle and Licensing Division of the City and County of Honolulu to be a member of the working group.  Discussions between the working group and the Chief Information Officer of the City and County of Honolulu would also be beneficial, as the Chief Information Officer is familiar with the existing county web services-based database.

     Your Committees also find that other states have come up with alternative solutions for addressing concerns over uninsured motorists, including laws that prohibit uninsured motorists from collecting non-economic damages after an accident in certain circumstances.  The working group should therefore be encouraged to explore other alternatives and funding sources that may facilitate a reduction in the number of uninsured motorists in the State.

     Your Committees conclude that this measure prudently requests a review of and research on the feasibility of establishing a web services-based database program before any legislation is implemented.

     Your Committees have amended this measure by:

     (1)  Requesting the Insurance Commissioner, rather than the Insurance Division, to convene the working group;

     (2)  Amending the membership of the working group to more accurately represent interested stakeholders and parties;

     (3)  Permitting the working group to form investigative committees and bring in additional stakeholders and interested parties, as appropriate;

     (4)  Encouraging the working group to consult with the Chief Information Officer for the City and County of Honolulu, or another appropriate party who has familiarity with a web services-based database program at the county level;

     (5)  Clarifying that the working group may explore other alternatives or ways to reduce the number of uninsured motorists in the State, including alternative financing options;

     (6)  Requesting the Legislative Reference Bureau to submit a final report of the working group's findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2013; provided that the working group transmits a draft report of its findings and recommendations, including any proposed legislation, to the Legislative Reference Bureau no later than November 1, 2012;

     (7)  Amending the title and other findings for accuracy; and

     (8)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Economic Development and Technology that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 97, as amended herein, and recommend its adoption in the form attached hereto as S.C.R. No. 97, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Economic Development and Technology,

____________________________ CAROL FUKUNAGA, Chair

____________________________ ROSALYN H. BAKER, Chair