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 S.B. No. 590 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that when the mandatory forty-eight hour term of imprisonment for operating a vehicle under the influence of an intoxicant is added to the mandatory term of imprisonment, the total does not exceed the maximum terms of imprisonment permitted for the degree of offense.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney.

This measure clears up current ambiguity in the law, which has been the subject of court rulings.

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 S.B. No. 590 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.