Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 919, H.D. 1, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to mandate the forfeiture of a vehicle owned and operated by a person convicted of either operating a vehicle under the influence of an intoxicant within five years of a prior conviction for the same offense or habitually operating a vehicle under the influence of an intoxicant.

The Department of Transportation and Mothers Against Drunk Driving-Hawaii testified in support of the measure. The Honolulu Police Department and the Office of the Public Defender testified in opposition to the measure.

This measure imposes an additional penal sanction, in the form of vehicle forfeiture, on drivers who are convicted of repeatedly or habitually driving a vehicle under the influence of an intoxicant.

Your Committee has amended this measure by:

Your Committee notes that requiring the Department of Transportation to store forfeited vehicles will not only require inter and intra agency coordination among public agencies, but also the assistance of private entities, such as tow companies. Funding, manpower, and jurisdictional issues implicit in the impounding and storage of forfeited vehicles require the creative use of Department of Transportation funds to support and sustain this endeavor. Accordingly, your Committee notes the potential role that a State Highway Patrol, utilizing Deputy Sheriffs in conjunction with assistance from private tow companies to hold, at least temporarily, vehicles in the forfeiture process could provide the necessary support to administer and implement this forfeiture program. To provide the Department of Transportation with sufficient time to organize and implement this collaborative effort it is suggested that this program be given an effective date of July 1, 2007.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 919, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 919, H.D. 1, S.D. 2.