STAND. COM. REP. NO. 1027

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 123
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred H.B. No. 123, H.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO DRIVING UNDER THE INFLUENCE
     OF INTOXICATING LIQUOR,"

begs leave to report as follows:

     The purpose of this measure is to subject to forfeiture the
motor vehicle operated by a person committing a third offense in
five years of driving under the influence of intoxicating liquor
or habitually driving under the influence of intoxicating liquor
or drugs.

     Testimony in support of this measure was received from the
Department of Transportation (DOT), Department of the Prosecuting
Attorney, Police Department of the City and County of Honolulu,
and the Impaired Driving Task Force of the Governor's Highway
Safety Council.

     Your Committee finds that repeated drunk drivers pose a
serious risk to not only themselves but to others.  Despite
previous convictions and increasing penalties, some drivers
persist in operating a motor vehicle while under the influence of
intoxicating liquor or drugs.  By allowing for the forfeiture of
the motor vehicle, these offenders are subject to a penalty that
will communicate to them that the behavior will not be tolerated.


 
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                                   STAND. COM. REP. NO. 1027
                                   Page 2


     The DOT suggested amendments to meet the repeat offender
requirements of TEA-21 and ensure that the federal highway funds
allocated to the State are not penalized for non-compliance. 

     Your Committee has amended this measure by adopting the
amendments recommended by the DOT which:

     (1)  Increase the community service the offender must serve
          to at least thirty days and imprisonment to not less
          than five days for the offense of driving under the
          influence within five years of a prior conviction.  In
          addition, the offender must undergo an assessment of
          the individual's degree of abuse of alcohol and
          treatment as appropriate; 

     (2)  In the case of the offense of driving under the
          influence committed within five years of two prior
          convictions, require that the offender serve no less
          than sixty days of community service and undergo an
          assessment of the individual's degree of abuse of
          alcohol and treatment as appropriate; and

     (3)  Apply the motor vehicle forfeiture provision to
          offenses occurring within five years of one or two
          prior convictions.

     Your Committee also has amended the measure to make
forfeiture a mandatory, rather than discretionary, penalty.

     As affirmed by the record of votes of the members of your
Committee on Transportation and Intergovernmental Affairs that is
attached to this report, your Committee is in accord with the
intent and purpose of H.B. No. 123, H.D. 2, as amended herein,
and recommends that it pass Second Reading in the form attached
hereto as H.B. No. 123, H.D. 2, S.D. 1, and be referred to the
Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation
                                   and Intergovernmental Affairs,



                                   ______________________________
                                   CAL KAWAMOTO, Chair

 
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