Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 2301 entitled:

begs leave to report as follows:

The purpose of this bill is to strengthen the current law with regard to the use of intoxicants while operating a motor vehicle. Specifically this bill:

The Department of Transportation, the Department of the Prosecuting Attorney of the City and County of Honolulu, and Mothers Against Drunk Driving testified in support of this measure. The Honolulu Police Department and the Judiciary supported the intent of this bill.

The Driving Under the Influence (DUI) Consolidation Bill (Act 157, Session Laws of Hawaii (SLH), 2001) was an attempt by the Legislature to clarify and consolidate the statutes pertaining to DUI drugs and boating under the influence of alcohol to the DUI alcohol statutes. However, judicial rulings have caused a need for the evolution of this important law. Moreover, language that prohibited an individual who refuses to take a test for the suspected use of intoxicants to obtain a conditional driving permit was inadvertently omitted in Act 157, SLH, 2001, creating a loophole for these persons to continue to drive. Therefore, your Committee feels that clarification of this situation is needed so that the safety of our roads can be improved by keeping intoxicated drivers off the streets.

However, your Committee understands the concerns brought forth by the Honolulu Police Department that current law has created a situation in which law enforcement officers are charged with reading a litany of any and all possible consequences covering any possible scenario relating to an arrestee's situation with regards to driver's license revocation even if the situation may not apply. This has created a frustrating and time-consuming situation when attempting to gain implied consent for alcohol or drug testing from intoxicated individuals.

Accordingly, your Committee has amended this measure by:

1. Providing the option to police officers of informing the arrestee of revocation sanctions under section 291E-41 or 291E-65, Hawaii Revised Statutes, whichever is applicable to the offense, when attempting to obtain implied consent of an operator of a vehicle to submit to testing to determine alcohol and drug intoxication; and
2. Making technical, nonsubstantive amendments.

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 H.B. No. 2301, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2301, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.