STAND. COM. REP. NO. 878

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1212
                                        S.D. 2




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

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
1212, S.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 make uniform
and consistent, where appropriate, the statutory provisions
relating to operating a vehicle while using an intoxicant.

     More specifically, the bill creates a new chapter within the
Hawaii Revised Statutes that:

     (1)  In effect, reenacts many existing provisions in part
          VII and XIV of chapter 286 and in chapter 291;

     (2)  Consolidates the implied consent provisions for driving
          with a measurable amount of alcohol (zero tolerance),
          driving under the influence of intoxicating liquor,
          driving under the influence of drugs, and impaired
          boating offenses;

     (3)  Makes driving with a measurable amount of alcohol (zero
          tolerance), driving under the influence of drugs, and
          impaired boating offenses subject to the administrative
          revocation of driver's license provisions, instead of

 
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          providing for suspension of license or privilege to
          operate a vehicle pursuant to a district court hearing;
          and

     (4)  Makes the penalties for driving under the influence of
          drugs and impaired boating offenses consistent with
          those for driving under the influence of intoxicating
          liquor by consolidating these provisions into the
          offense of operating a vehicle while under the
          influence of an intoxicant.

     Testimony in support of the bill was received by your
Committee from the Department of Transportation, Department of
Land and Natural Resources, Department of the Prosecuting
Attorney of the City and County of Honolulu, the Honolulu Police
Department, the Governor's Highway Safety Council Impaired
Driving Task Force, and Mothers Against Drunk Driving.  The
Judiciary submitted testimony in support of the intent of the
bill.  The State Public Defender submitted informational
comments.

     Your Committee recognizes that this bill is the result of
efforts by the Governor's Highway Safety Council Impaired Driving
Task Force and the Department of Transportation, in response to
House Concurrent Resolution No. 26, S.D. 1, entitled "Requesting
the Department of Transportation to Review Hawaii's Impaired
Driving Statutes and to Make Recommendations for Uniform
Statutory Construction".  The Legislature passed the Resolution
during the Regular Session of 1998 out of concern over
inconsistent statutory provisions and disparate penalties for
similar offenses.

     Your Committee finds that it is entirely appropriate to
provide for uniform and consistent statutory provisions with
respect to operating a vehicle while using intoxicants.  Your
Committee further finds that the present inconsistent provisions
relating to zero tolerance, impaired driving, and impaired
boating have occurred largely as a result of patchwork
legislation over time that amended some statutory provisions
relating to impaired driving, but failed to make mirror
amendments to other, similar offenses.  Accordingly, your
Committee believes that consolidating similar provisions and
creating a separate chapter within the Hawaii Revised Statutes to
deal solely with these issues will help to ensure that future
legislative actions will maintain the consistency and uniformity
established within this bill.

 
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     Your Committee has amended the bill by:

     (1)  Inserting language in section   -3 of the new chapter
          being created in the bill that is similar to that
          presently provided under section 291-5(b), Hawaii
          Revised Statutes, concerning presumptions of being
          under the influence of an intoxicating liquor, except
          the .05 is changed to .04, for consistency with alcohol
          concentrations under section 286-240, Hawaii Revised
          Statutes, relating to commercial drivers, and current
          medical evidence concerning intoxication and
          impairment;

     (2)  Inserting language in section    -11 that is similar to
          that of the present right of election, under the
          implied consent statute (section 286-151, Hawaii
          Revised Statutes), between a breath and blood test in
          the case of alcohol and between a blood or urine test
          in the case of drugs and making conforming amendments
          to sections    -13 and    -33 ;

     (3)  Reinstating present statutory language that requires a
          "conviction" of an offense to qualify as a "prior
          offense" for purposes of imposing enhanced penalties
          for subsequent offenses;

     (4)  Adding language to section    -41(a) and    -81(f) to
          recognize and indicate that a person whose license is
          revoked for less than a year (under section   -41(b)(1)
          or    -81(c)(1)) may apply for and be granted a new
          license notwithstanding section 286-126, Hawaii Revised
          Statutes;

     (5)  Deleting paragraphs (6) and (7) of section    -81(c),
          which provide for class A felony offenses, and changing
          the offense under section    -81(c)(5) from a class B
          felony to a class C felony;

     (6)  Inserting a new section    -22 to the new chapter to
          reflect statutory language in the present section 286-
          159.6, Hawaii Revised Statutes, relating to
          admissibility of test results for drug content in other
          proceedings;

     (7)  Inserting a new section    -45 to the new chapter to
          reflect statutory language in the present section 286-

 
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          265, Hawaii Revised Statutes, relating to relicensing
          after administrative revocation of driver's license;

     (8)  Inserting a new section    -46 to the new chapter to
          reflecting statutory language in the present section
          286-266, Hawaii Revised Statutes, relating to
          computation of time;

     (9)  Correcting a number of internal cross references within
          the bill; and

    (10)  Making several technical nonsubstantive changes for
          purposes of style, clarity, and consistency.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B.
No. 1212, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 1212,
S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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