STAND. COM. REP. NO. 946-00

                                 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 Transportation, to which was referred S.B.
No. 3073, S.D. 2, entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to add the habitual driving
under the influence of alcohol or drugs offenses to the implied
consent law, define the term "preliminary screening device", and
clarify its limitations.

     This bill allows the use of a preliminary alcohol screen to
only determine probable cause for an arrest, but does not allow
the use of a preliminary alcohol screening device as a
replacement for a breath, blood, or urine test.  "Preliminary
screening device" is defined as a device designed to detect and
verify the presence of alcohol or provide an estimated value of
alcohol concentration.

     Your Committee finds that the use of a preliminary alcohol
screening device will assist police in identifying drivers who
are suspected of operating vehicles while under the influence of
intoxicating liquor or drugs.

     Testimonies in support of this measure were received from
the Department of Transportation, the City and County of
Honolulu, Department of the Prosecuting Attorney, the Honolulu

 
 
 
                                 STAND. COM. REP. NO. 946-00
                                 Page 2

 
Police Department, and Mothers Against Drunk Driving.  The Office
of the Public Defender submitted comments on this bill.

     Your Committee notes that it passed H.B. No. 2128, H.D. 1, a
similar bill, after a public hearing earlier this session.  

     Your Committee has amended this bill by:

     (1)  Clarifying that a preliminary alcohol screen not be a
          substitute for a breath, blood, or urine test; and

     (2)  Providing that analysis from a preliminary alcohol
          screen be considered as probably cause for the arrest
          only.
 
     As affirmed by the record of votes of the members of your
Committee on Transportation that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
3073, S.D. 2, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 3073, S.D.
2, H.D. 1, and be referred to the Committee on Judiciary and
Hawaiian Affairs.

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



                                   ______________________________
                                   KENNETH T. HIRAKI, Chair