Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 2837 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that a person who refuses a test for intoxication is ineligible for a conditional driving permit under administrative driver revocation.

Testimony in support of this measure was submitted by the Department of Transportation, Department of the Prosecuting Attorney, City and County of Honolulu Police Department, and Mothers Against Drunk Driving.

Your Committee finds that this measure is necessary to correct a loophole in the current law for persons who refuse to take a test for suspected use of intoxicants. Prior to the 2000 amendments to the administrative revocation of driver's license provisions, an arrestee who refused to take a blood or breath test was not eligible to receive a conditional permit. Unfortunately, the Committee finds that when the 2000 house keeping amendments were made to these sections, this language was inadvertently deleted. Thus, your Committee finds that this measure is necessary close this loophole and improve public safety by keeping intoxicated driver off the road.

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. 2837 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.