Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 47 entitled:

begs leave to report as follows:

The purpose of this bill is to address the problem of persons who have repeatedly committed the offense of operating a motor vehicle under the influence of an intoxicant by:

Mothers Against Drunk Driving testified in support of this measure. The Honolulu Police Department and Office of the Public Defender testified in opposition to this measure. The Judiciary provided comments on this measure.

Alcohol-impaired driving continues to be a problem on our highways and streets, killing innocent people every day. Many of these accidents involve intoxicated drivers who are repeat offenders. Your Committee notes that nationally, one-third of the incidents involve intoxicated drivers who have had prior offenses, with Hawaii's repeat offender numbers averaging around 20 percent. In the process, many innocent individuals are injured or killed. Your Committee finds this to be unacceptable.

One solution that has been used by other states is vehicle forfeiture. Confiscation of the person's vehicle through forfeiture quickly separates the noncompliant driver from his vehicle and protects innocent drivers, pedestrians, passengers, bikers, and the driver, himself. Although your Committee understands the impact that this bill may have on indigent persons and the logistical concerns raised by the Honolulu Police Department, your Committee feels that this issue must be dealt with to protect the health and safety of the entire community.

However, your Committee is concerned that innocent persons may have their vehicles subject to forfeiture if it is operated by an intoxicated driver, even if the offense is committed without the vehicle owner's knowledge. Accordingly, your Committee has amended this measure by:

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. 47, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 47, H.D. 1, and be referred to the Committee on Judiciary.