STAND

STAND. COM. REP. NO. 249-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2250

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 2250 entitled:

"A BILL FOR AN ACT RELATING TO HABITUAL OPERATION OF A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT,"

begs leave to report as follows:

The purpose of this bill is to promote traffic safety. Among other things, this bill:

(1) Requires a habitual offender of laws relating to driving under the influence of an intoxicant (habitual offender) to be assessed for substance abuse or dependence and the need for appropriate treatment by a certified substance abuse counselor in the driver's education program;

(2) Requires a habitual offender to obtain appropriate treatment as deemed necessary by a certified substance abuse counselor;

(3) Requires a habitual offender to pay for these services;

(4) Prohibits the issuance of a new license to a habitual offender until the period of license revocation expires;

(5) Requires the court to order a habitual offender to pay for expenses incurred in conducted a blood or urine test; and

(6) Conforms statutory language in the Use of Intoxicants law to habitual offenders.

The Department of Transportation, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, and Mothers Against Drunk Driving testified in support of this measure. The Judiciary commented on this measure.

Driving under the influence of an intoxicant (DUI) has been and continues to be a problem on highways and roadways across the country. Since 1999, the State has seen an increase in the number of alcohol-related traffic fatalities. Intoxicated drivers pose a danger not only to themselves, but to other motorists and pedestrians. This is especially true of the habitually intoxicated driver whose chances of being involved in a serious or fatal crash increase greatly each time one of them gets behind the wheel.

In 2003, the Legislature passed legislation to assist law enforcement in getting habitually intoxicated drivers off Hawaii's roads. This legislation created a separate offense for habitually operating a vehicle under the influence of an intoxicant. However, other sections of statute were not conformed to take into account this new offense. This measure will correct that oversight.

Your Committee understands the Judiciary's concerns regarding the issue of implementation and the time constraints it will be facing should this measure become effective upon approval. Accordingly, your Committee has amended this measure by changing the effective date to July 1, 2004. Other technical, nonsubtantive amendments were made for clarity, consistency, 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. 2250, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2250, 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