STAND. COM. REP. 14
Honolulu, Hawaii
, 2003
RE: H.B. No. 47
H.D. 1
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:
"A BILL FOR AN ACT RELATING TO MOTOR VEHICLES,"
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:
(1) Providing for the forfeiture of the person's motor vehicle; and
(2) Requiring increased community service.
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:
(1) Allowing vehicle forfeiture only if the person convicted is the registered owner of the vehicle;
(2) Clarifying that the forfeiture shall occur in accordance with section 712A-4, Hawaii Revised Statutes; and
(3) Making technical, nonsubstantive amendments for purposes of clarity, conformity, and style.
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.
Respectfully submitted on behalf of the members of the Committee on Transportation,
____________________________ JOSEPH M. SOUKI, Chair |