STAND. COM. REP. NO. 3351

Honolulu, Hawaii

RE: H.B. No. 2365

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2365 entitled:

"A BILL FOR AN ACT RELATING TO ELECTRONIC CITATIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Create an Electronic Citation Program under the Judiciary;

(2) Establish an electronic citation surcharge; and

(3) Appropriate funds.

Your Committee received testimony in support of this measure from the Judiciary, Department of Transportation, Honolulu Police Department, and Hawai‘i Police Department. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Budget and Finance.

Your Committee finds that the use of paper citation sometimes gives rise to difficulties including supervisors, prosecutors, and judiciary personnel having to decipher handwritten notes that are difficult to read, as well as untimely delivery of citations from law enforcement agencies to the Judiciary. These difficulties have the potential to lead to delays in access to citations and to dismissal of traffic citations. Your Committee further finds that the use of an electronic citation system resolves handwriting legibility issues and eliminates the need to collect and scan paper citations. This measure provides numerous benefits to law enforcement, the Judiciary, and the general public, including the streamlining of processes and increased access to information.

Your Committee notes that committee members raised the question why instituting a system that is expected to save the State money is going to cost violators more money.

Accordingly, your Committee has amended this measure by:

(1) Removing language that would have established an electronic citation surcharge;

(2) Removing language that would have established a electronic citation special fund;

(3) Clarifying that there is established within the Judiciary a Statewide Electronic Citation Program;

(4) Making a general fund appropriation to the Judiciary for the purposes of establishing the Statewide Electronic Citation Program;

(5) Making general fund appropriations as grants-in-aid to the counties for the purposes of establishing the Statewide Electronic Citation Program; and

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

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. 2365, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2365, S.D. 1, and be referred to your Committee on Ways and Means.

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

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KARL RHOADS, Chair