STAND. COM. REP. NO.978
Honolulu, Hawaii
, 2001
RE: S.B. No. 1514
S.D. 2
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Transportation, to which was referred S.B. No. 1514, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO DRIVING UNDER THE INFLUENCE,"
begs leave to report as follows:
The purpose of this bill is to reduce the number of accidents relating to driving under the influence of drugs and increase the protection of users of the public highways by:
(1) Requiring the police to compel drivers to take a blood or urine test, or both, to determine the person's drug content;
(2) Providing for the admissibility of the person's refusal to take a test in civil or criminal proceedings;
(3) Expanding the circumstances where proof of financial responsibility is required; and
(4) Redefining the term "drug" to mean any chemical substance, natural or synthetic, which impairs the person's normal mental faculties or ability to care for the person and guard against casualty.
The Honolulu Police Department and Mothers Against Drunk Driving testified in support of the bill. The Department of the Prosecuting Attorney of the City and County of Honolulu (Prosecuting Attorney) testified in support of the bill and recommended amendments. The Department of Transportation testified in support of the intent of the bill. The Office of the Public Defender and the Pharmaceutical Research and Manufacturers of America testified in opposition to the bill.
In attempting to prudently temper the broad scope of the new definition of "drug," your Committee has amended this measure by:
(1) Deleting the provision that prohibits a person from raising the defense that the person is legally entitled to use alcohol or any particular drug; and
(2) Making technical, nonsubstantive amendments for purposes of clarity, style, and consistency.
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. 1514, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1514, 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,
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____________________________ JOSEPH M. SOUKI, Chair |
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