CONFERENCE COMMITTEE REP. 23
Honolulu, Hawaii
, 2003
RE: H.B. No. 1010
H.D. 1
S.D. 2
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1010, H.D. 1, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO THE USE OF INTOXICANTS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this bill is to allow the police to conduct breath, blood, or urine tests on persons involved in a motor vehicle accident who are not injured or refuse medical treatment for injuries if the police have probable cause to believe the person was driving under the influence of drugs or alcohol.
Your Committee on Conference finds that this bill allows the police to offer drivers the opportunity to take a less intrusive breath test without relieving the driver of the requirement of giving blood or urine for testing if the driver declines to take a breath test.
Your Committee on Conference affirms the policy that section 291E-21, Hawaii Revised Statutes (HRS), is separate and apart from the implied consent provisions of chapter 291, HRS.
Your Committee on Conference has amended this bill by:
(1) Replacing the term "refuse to perform a breath test" with the term "declines to perform a breath test"; and
(2) Inserting the sentence:
"The act of declining to perform a breath test under
this section shall not be treated as a refusal
under Chapter 291E and shall not relieve the
declining person from the requirement of providing
a blood or urine sample under this section."
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1010, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1010, H.D. 1, S.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ CAL KAWAMOTO, Chair |
____________________________ ERIC G. HAMAKAWA, Chair |
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____________________________ COLLEEN HANABUSA, Co-Chair |
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