STAND. COM. REP. NO. 1308-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 3073
                                     S.D. 2
                                     H.D. 1




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 S.B. No. 3073, S.D. 2, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO IMPAIRED DRIVING,"

begs leave to report as follows:

     The purpose of the bill is to:

     1.   Add the habitual driving under the influence of alcohol
          or drugs offenses to the implied consent law;

     2.   Define "preliminary screening device"; and

     3.   Allow the use of a preliminary alcohol screen to
          determine only probable cause for an arrest, but not to
          replace the required breath, blood, or urine test.

     The Department of Transportation, the Department of the
Prosecuting Attorney for the County of Maui, the Honolulu Police
Department, Mothers Against Drunk Driving, and a concerned
individual testified in support of the measure.  The Office of
the Public Defender testified in opposition to the measure.  The
Department of Health provided oral comments. 

     Your Committee finds that the use of a preliminary alcohol
screening device will assist the police in identifying suspected
drunk drivers.  Your Committee further finds that concerns over
the lack of oversight as to minimum standards are unfounded in

 
 
                                 STAND. COM. REP. NO. 1308-00
                                 Page 2

 
light of section 321-161(a), Hawaii Revised Statutes (HRS), which
requires the Department of Health to develop a program for tests
as required under Chapter 286, HRS.

     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 S.B. No. 3073, S.D. 2, H.D. 1, and recommends that it
pass Third Reading.

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



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair