STAND. COM. REP. NO. 830-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 1881
                                     H.D. 2




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 1881, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO USE OF INTOXICANTS,"

begs leave to report as follows:

     The purpose of this bill is to consolidate and conform
offenses relating to operating a vehicle while under the
influence of intoxicants.

     The Department of Transportation, the Department of Health,
the Honolulu Police Department, and Mothers Against Drunk Driving
testified in support of the measure.  The Judiciary and the
Office of the Public Defender expressed concerns on the measure.

     Your Committee finds that this measure consolidates various
statutes relating to operating a vehicle while under the
influence of intoxicants, and makes provisions more uniform and
consistent.

     Your Committee has amended the bill by:

     1.   Defining "intoxicant" to encompass any combination of
          alcohol or drug;

     2.   Deleting mopeds from the definition of "motor vehicle";

     3.   Deleting from the definition of "vessel" the exceptions
          for seaplane and nonrecreational vehicles;

 
 
                                 STAND. COM. REP. NO. 830-00
                                 Page 2

 
     4.   Requiring health care providers to report to law
          officers the presence of drugs in the blood that impair
          the ability to operate a vehicle in a careful and
          prudent manner;

     5.   Making the operation of a vehicle or the assuming of
          actual physical control of a vehicle an essential
          element of proof for the offense of operating a vehicle
          under the influence of an intoxicant;

     6.   Making eighty hours of community service work a part of
          the sentencing options left to the court for an offense
          that occurs within five years of a prior conviction;
          and

     7.   Requiring that no license and privilege suspension or
          revocation shall apply under a sentence of conviction
          for an offense if there was a previous administrative
          suspension or revocation pursuant to the same offense;

     8.   Making technical, nonsubstantive amendments for style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 1881, H.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as H.B. No. 1881, H.D. 2.

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



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair