STAND. COM. REP. NO. 11

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 58
                                        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 S.B. No. 58 entitled: 

     "A BILL FOR AN ACT RELATING TO DRIVING UNDER THE INFLUENCE
     OF INTOXICATING LIQUOR,"

begs leave to report as follows:

     The purpose of this bill is to require the forfeiture of the
motor vehicle being driven at the time the driver commits a third
offense of driving under the influence of an intoxicating liquor
within five years of two prior convictions or an offense of
habitually driving under the influence of an intoxicating liquor
or drugs.

     Testimony in support of this bill was received from the
Governor's Highway Safety Council Impaired Driving Task Force,
Department of Transportation, and Mothers Against Drunk Driving.

     Testimony in support of the intent of this bill with
recommendations was received from the Department of the
Prosecuting Attorney of the City and County of Honolulu
(Prosecuting Attorney) and the Traffic Division of the Honolulu
Police Department, City and County of Honolulu (HPD). 

     Testimony in opposition to this bill was received from the
Office of the Public Defender, State of Hawaii, and the
Libertarian Party of Hawaii.


 
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     The testimony received by your Committee indicated that in
Oregon and California where similar legislation was enacted the
alcohol-related motor vehicle accidents, injuries, and fatalities
decreased substantially.  The Prosecuting Attorney and the HPD
recommended that the forfeiture of a motor vehicle be a civil
forfeiture only, rather than also a criminal penalty as indicated
in the bill.

     Opponents expressed concern that the forfeiture of a motor
vehicle may be excessive and particularly burdensome on
indigents.

     Upon consideration of all pertinent issues and testimony
presented, your Committee believes that this bill will have a
positive affect in reducing the number of alcohol-related
accidents, injuries, and deaths in this State.  Your Committee
amended this bill by making the forfeiture a civil forfeiture
subject to chapter 712A, Hawaii Revised Statutes.

     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 S.B. No. 58, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 58, 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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