STAND. COM. REP. NO. 1787

Honolulu, Hawaii

, 2023

RE: S.B. No. 224

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 224, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO NOISE CONTROL,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Allow for noise control infractions to be processed under the traffic and emergency period infractions adjudication process; and

(2) Grant the District Court concurrent jurisdiction over noise control infractions committed by minors.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and Honolulu Police Department. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that the City and County of Honolulu would like to enact and enforce noise control infractions to respond to legitimate noise complaints across the island of Oahu. This measure would provide an expedited, less resource-intensive enforcement mechanism for noise control enforcement.

Your Committee has amended this measure by:

(1) Changing the effective date to June 30, 3000, to encourage further discussion; and

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

Your Committee notes that the Judiciary has requested an effective date of January 1, 2024, to allow the Judiciary time to prepare the necessary changes to the Judiciary Information Management System which will be required to design, code, and test a new type of infraction.

Your Committee urges the City and County of Honolulu to work with the Judiciary to determine how the designation of noise control ordinances will impact the courts and how the process should be created.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 224, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 224, S.D. 2, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair