Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 1514 entitled:

begs leave to report as follows:

The purpose of this measure is to broaden the definition of "drug" within the State's laws regarding driving under the influence, and to make additional amendments to further punish persons who choose to drive while under the influence of alcohol or drugs.

Your Committee received testimony in support of this measure from the Department of Transportation, the Honolulu Department of the Prosecuting Attorney, and the Honolulu Police Department. Testimony opposing this measure was submitted by the Office of the Public Defender and the Pharmaceutical Research and Manufacturers of America.

Your Committee finds that persons driving under the influence of alcohol and drugs are a major public safety hazard. While existing law provides harsh penalties for those convicted of driving under the influence, the problem persists.

In addition, your Committee is aware that many substances that impair a person's ability to operate an automobile or boat are not covered by the existing definition of "drug" contained in the Hawaii Revised Statutes.

Therefore, your Committee supports this measure, which would broaden the definition of "drug" to include any substance that may impair a person's ability to operate a car or boat. This measure also authorizes the police officer making an arrest, rather than the person arrested, to determine the type of test that will be administered to the arrested person. Your Committee finds that this amendment will diminish the number of persons who are able to circumvent the testing process due to the fact that certain drugs are not detectable by certain methods of testing.

This measure also makes a minor amendment to require habitual offenders to present proof of financial responsibility, to correct an apparent oversight in the law.

Based on recommendations from the Department of the Prosecuting Attorney, your Committee amended this measure by amending Act 189, Session Laws of Hawaii 2000. Act 189, which shall take effect on January 1, 2002, repeals many of the provisions amended by this measure. Your Committee amended Act 189 to ensure that the amendments contained in this measure will continue to be effective after January 1, 2002. Your Committee also deleted the provision in this measure that would have required persons tested to bear the costs of the test, due to the fact that the same provision is already contained in Act 189. Other unnecessary provisions were also deleted.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1514, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1514, S.D. 1, and be referred to the Committee on Judiciary.