STAND. COM. REP. NO. 1076

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 3
                                        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. 3, H.D. 2, entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to consolidate and provide
consistency and uniformity in the laws relating to operating
vehicles and marine vessels while under the influence of alcohol
or drugs.

     Testimony in support of the intent of this measure was
received from the Governor's Highway Safety Council, Department
of Transportation, Department of the Prosecuting Attorney of the
City and County of Honolulu, and Mothers Against Drunk Driving.
However, all testifiers preferred the Senate version of this
measure, Senate Bill No. 1212, S.D. 2.

     Your Committee finds that the laws relating to operating
vehicles while under the influence of alcohol and drugs contain
inconsistencies including disparate punishment provisions for
similar offenses and provisions that confer the right to a jury
trial for some offenses but not for others.  While these
inconsistencies need to be resolved, further uniformity in the
law is required.


 
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     Your Committee has amended this measure by replacing the
contents with the provisions of Senate Bill No. 1212, S.D. 2.,
which:

     (1)  Create a new chapter which consolidates the implied
          consent provisions for driving with a measureable
          amount of alcohol (zero tolerance), driving under the
          influence of intoxicating liquor, driving under the
          influence of drugs, and impaired boating offenses.

     (2)  Make driving with a measurable amount of alcohol,
          driving under the influence of drugs, and impaired
          boating offenses subject to the administrative
          revocation of driver's license provisions, instead of
          providing for suspension of license or privilege to
          operate a vehicle pursuant to a district court hearing;

     (3)  Describe the offense of operating a vehicle under the
          influence of an intoxicant as occurring when a person,
          while under the influence of an intoxicant,
          intentionally, knowingly, or recklessly operates or
          assumes actual physical control of the operation of any
          vehicle.  A person is under the influence of an
          intoxicant, alcohol or drugs, if the person's normal
          faculties or ability to care for the person and guard
          against casualty is impaired;

     (4)  Provide consistent and uniform provisions, procedures,
          and penalties for cases involving operating a motor
          vehicle, moped, or vessel while under the influence of
          alcohol or drugs;

     (5)  Create additional penalties for committing the offense
          of operating a vehicle while under the influence of
          alcohol or drugs within ten years of three prior
          convictions and within ten years of five prior
          convictions;

     (6)  Authorize conservation and resources enforcement
          officers to enforce the laws relating to operating a
          vessel on or in the water of the State while using an
          intoxicant; and

     (7)  Amend the current penalties for the offense of driving
          while under the influence of drugs to establish the
          following maximum number of days of imprisonment:

          (A)  Five days for an offense not preceded within a
               five-year period by a conviction;

 
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          (B)  Fourteen days for an offense which occurs within
               five years of a prior conviction; and

          (C)  Thirty days for an offense which occurs within
               five years of two prior convictions.

          These penalties will apply retroactively to all pending
          cases for which trial has not commenced.  The intent is
          to establish that these cases are petty offenses to
          which the right to a jury trial does not attach.

     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. 3, H.D. 2, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as H.B. No. 3, 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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