Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, 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.

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 provisions regarding administrative revocation of a driver's license, an arrestee who refused to take a blood or breath test was not eligible to receive a conditional permit.

Unfortunately, your 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 to close this loophole and improve public safety by keeping intoxicated drivers off the road.

As affirmed by the record of votes of the members of your Committee on Judiciary 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 Third Reading.