Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation and Government Operations, to which was referred H.B. No. 919, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to provide an enhanced penalty of vehicle forfeiture for a driver convicted of operating a vehicle under the influence of an intoxicant within five years of two prior convictions for the same offense, or for the offense of habitually operating a vehicle while under the influence.

Your Committee received testimony in support of this measure from the Department of Transportation, Mothers Against Drunk Driving Hawaii (MADD), and Catrala-Hawaii. Testimony in opposition was received from the Office of the Public Defender and the Honolulu Police Department.

According to testimony of MADD, alcohol and drug impaired driving remains the most frequently committed violent crime in America. Vehicle forfeiture is a means of reducing the incidence of crashes and fatalities. Repeat offenders are typically addicted to intoxicants and criminal penalties are typically an insufficient deterrent. Vehicle forfeiture is a necessary weapon in the arsenal of criminal penalties.

Your Committee is cognizant of the concerns raised by the Honolulu Police Department that Honolulu does not have the facility to store the forfeited vehicles. This is a budget and resource concern, which has been raised in the past by Honolulu. Notwithstanding this concern, your Committee believes that deterrence of this deadly crime and the saving of lives are of utmost priority and urges the City and County of Honolulu and the Department of Transportation to collaborate on a solution.

Your Committee has amended this measure by:

(2) Changing the effective date to upon approval; and

(3) Making technical, nonsubstantive amendments.

As affirmed by the record of votes of the members of your Committee on Transportation and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 919, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 919, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.