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 S.B. No. 706, S.D. 2, entitled:

begs leave to report as follows:

The purpose of this bill is to protect the health and safety of the people of Hawaii by addressing the dangers associated with underage drinking and driving. Among other things, this bill requires the suspension of driving privileges for persons under twenty-one years of age who illegally purchases or possesses liquor as follows:

This bill also allows discretion in permitting limited driving privileges to individuals with a suspended license for employment or educational purposes.

The Lieutenant Governor, the Representative of the 32^nd District, a member of the Maui County Council, the Attorney General, the Office of Youth Services, the Department of Health, the Department of the Prosecuting Attorney of the City and County of Honolulu, the Honolulu Police Department, MADD-Hawaii, MADD-Hawaii Youth in Action, Hawaii Food Industry Association, Waianae Men in Recovery, and concerned individuals testified in support of this bill. The Department of Education supported the intent of this measure. The Office of the Public Defender testified in opposition to this bill.

Driving under the influence of an intoxicant (DUII) has been and continues to be a problem on highways and roadways across the country with an increase in the number of alcohol-related traffic fatalities being experienced in recent years. In fact, approximately 33 percent of traffic fatalities occurring in the state in 2004 were due to alcohol-related accidents. Intoxicated drivers pose a danger not only to themselves, but also to other motorists and pedestrians.

Unfortunately, underage drinking is extremely prevalent across the nation and in Hawaii. It has been estimated that more youths between the ages of 12 and 20 use alcohol (29 percent) than tobacco (23.3 percent) or illicit drugs (14.9 percent). National statistics show that in 2002, about two million minors age 12 to 20 drank five or more drinks on an occasion, five or more times a month. Moreover, alcohol consumption among underage drinkers is not only responsible for death and injury in motor vehicle crashes, but has also been found to be the major cause of other serious incidents involving persons under the age of 21 including homicides, suicides, sexual assaults, and unintentional injuries. Underage drinking in Hawaii cost taxpayers $182 million in 2001 and continues to have not only monetary, but emotional and physical costs among Hawaii's youth today.

Your Committee finds that a driver's license is the prized possession of teenagers. Knowledge that a conviction for underage possession of alcohol will result in temporary loss of driving privileges is likely to deter many potential underage drinkers from possessing alcohol until they are legally entitled to do so. This measure can save lives by deterring underage drinking and drunk driving.

However, your Committee notes that there are some inconsistencies in the license suspension periods proposed by this bill and that the suspension of a driver's license as proposed by this bill may result in the need for the driver to obtain a Proof of Financial Responsibility (SR22 Form) that could result in the increase in the cost of auto insurance for the vehicles registered owner. Accordingly, your Committee has amended this measure by:

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 S.B. No. 706, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 706, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.