Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 919 entitled:

begs leave to report as follows:

The purpose of this bill is to protect the health and safety of the public and to address the problem of persons who have repeatedly committed the offense of operating a motor vehicle under the influence of an intoxicant by allowing the forfeiture of a vehicle for a conviction of:

The Department of Transportation testified in support of this measure. The Honolulu Police Department testified in opposition to this bill. The Office of the Public Defender commented on this measure.

Alcohol-impaired drivers continue to cause problems on our highways and streets, killing innocent people nationwide. Many of these accidents involve intoxicated drivers who are repeat offenders. Your Committee notes that nationally, one-third of these incidents involve intoxicated drivers who have had prior offenses. Hawaii's repeat offender numbers average 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 non-compliant 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.

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. 919 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.