SB 1289: RELATING TO TRAFFIC VIOLATIONS.

A BILL FOR AN ACT

RELATING TO TRAFFIC VIOLATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 287-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The traffic and emergency period violations bureaus of the district courts, upon request, shall furnish any person a certified abstract of the bureaus' record, if any, of any person relating to all [alleged moving violations and any convictions resulting therefrom,] moving violations resulting in convictions arising from the operation of a motor vehicle and any administrative license revocation pursuant to chapter 291E, part III and chapter 286, part XIV, as it was in effect on or before December 31, 2001.  The traffic and emergency period violations bureaus may collect a fee, not to exceed $20, of which $18 shall be deposited into the general fund and $2 shall be deposited into the judiciary computer system special fund."

     SECTION 2.  By July 1, 2026, the traffic and emergency period violations bureaus of the district courts shall remove all dismissed moving violations that did not result in a conviction arising from the operation of a motor vehicle from the certified abstract of all persons.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $            or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the traffic and emergency period violations bureaus of the district courts to remove all dismissed moving violations not resulting in convictions from all traffic abstracts.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

Moving Violations; Traffic Abstract; Appropriations

Description:

Limits moving violations arising from the operation of a motor vehicle that appear on traffic abstracts to those that resulted in convictions.  Requires the Traffic and Emergency Period Violations Bureaus to remove all dismissed moving violations not resulting in a conviction from certified abstracts.  Appropriates funds.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO TRAFFIC VIOLATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 287-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The traffic and emergency period violations bureaus of the district courts, upon request, shall furnish any person a certified abstract of the bureaus' record, if any, of any person relating to all [alleged moving violations and any convictions resulting therefrom,] moving violations resulting in convictions arising from the operation of a motor vehicle and any administrative license revocation pursuant to chapter 291E, part III and chapter 286, part XIV, as it was in effect on or before December 31, 2001.  The traffic and emergency period violations bureaus may collect a fee, not to exceed $20, of which $18 shall be deposited into the general fund and $2 shall be deposited into the judiciary computer system special fund."

     SECTION 2.  By July 1, 2026, the traffic and emergency period violations bureaus of the district courts shall remove all alleged moving violations that did not result in a conviction arising from the operation of a motor vehicle from the certified abstract of all persons.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2025-2026 for the traffic and emergency period violations bureaus of the district courts to remove all alleged moving violations not resulting in convictions from all traffic abstracts.

     The sum appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  This Act shall take effect on July 1, 2025.

Report Title:

Moving Violations; Traffic Abstract; Expenditure Ceiling; Appropriation

Description:

Limits moving violations arising from the operation of a motor vehicle that appear on traffic abstracts to those that resulted in convictions.  Requires the Traffic and Emergency Period Violations Bureaus to remove all alleged moving violations not resulting in a conviction from certified abstracts.  Appropriates moneys.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 486

Honolulu, Hawaii

RE:    S.B. No. 1289

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Transportation and Culture and the Arts, to which was referred S.B. No. 1289 entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC VIOLATIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Limit moving violations arising from the operation of a motor vehicle that appear on traffic abstracts to those that resulted in convictions;

     (2)  Require the Traffic and Emergency Period Violations Bureaus to remove all alleged moving violations not resulting in a conviction from certified abstracts; and

     (3)  Appropriate funds.

     Your Committee received testimony in support of this measure from two individuals.

     Your Committee received comments on this measure from the Judiciary.

     Your Committee finds that moving violations that do not result in convictions currently appear on certified abstracts furnished by the Traffic and Emergency Period Violations Bureaus of the District Courts.  These alleged moving violations have barred individuals from both private and military employment.  This measure will reduce the collateral consequences of court records by removing those alleged moving violations that do not result in convictions from certified traffic abstracts, thereby enhancing employment opportunities.

Your Committee has amended this measure by:

     (1)  Clarifying that the Traffic and Emergency Period Violations Bureaus of the district courts shall remove all dismissed moving violations that did not result in a conviction arising from the operation of a motor vehicle;

     (2)  Changing the appropriation from $100,000 to an unspecified amount;

     (3)  Inserting an effective date of July 1, 2050 to encourage further discussion; and

     (4)  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 Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1289, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1289, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,