HB3373

SECTION 1. At fifty-two per cent, Hawaii has the highest percentage of traffic deaths involving alcohol in the country. The legislature finds that this rate is unacceptable and cause for great concern.

The legislature further finds that many victims of alcohol-related traffic accidents are prevented from becoming fatality statistics because of trauma care that the State's hospitals provide, regardless of the patient's ability to pay. At the Queen's Medical Center, for example, fifty-two per cent of trauma admissions (trauma patients serious enough to be admitted) test positive for alcohol or drug use.

Because of the burden caused, in part, by drunk drivers, many of the hospitals in the State are operating their emergency and trauma departments at a loss. While Act 305, Session Laws of Hawaii 2006, established the trauma system special fund to subsidize hospitals that treat trauma patients and to ensure the availability of care for trauma patients, only one source of revenue for the special fund has been established since its creation. Act 102, Session Laws of 2007, directed 0.25 cents (or 1/4 of one cent) per cigarette (approximately five cents per pack) to the trauma system special fund after September 30, 2007, and prior to October 1, 2008, with scheduled increases to occur thereafter.

While the cigarette tax is a good start, the legislature finds that the trauma system special fund is in need of additional sources of funding. Because many of the emergency and trauma admissions are caused by drunk drivers, it makes sense to have drunk drivers fund the trauma system special fund.

Accordingly, the purpose of this Act is to establish additional funding mechanisms through surcharges for violations of chapter 291E, Hawaii Revised Statutes, relating to use of intoxicants while operating a vehicle, to enhance the availability of resources in the trauma system special fund.

SECTION 2. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) Except as provided in [[]paragraph[]] (2), for the first offense, or any offense not preceded within a five‑year period by a conviction for an offense under this section or section 291E‑4(a):

(A) A fourteen‑hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) Ninety‑day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety‑day prompt suspension of license, a minimum thirty‑day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety‑day period, a restriction on the license that allows the person to drive for limited work‑related purposes and to participate in substance abuse treatment programs;

(i) Seventy‑two hours of community service work;

(ii) Not less than forty‑eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000; [~~and~~]

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) A surcharge of not less than $1,000 but not more than $2,500 to be deposited into the trauma system special fund;

(2) For a first offense committed by a highly intoxicated driver, or for any offense committed by a highly intoxicated driver not preceded within a five-year period by a conviction for an offense under this section or section 291E-4(a):

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) Prompt suspension of a license and privilege to operate a vehicle for a period of six months with an absolute prohibition from operating a vehicle during the suspension period;

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000; [~~and~~]

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) A surcharge of not less than $1,500 but not more than $3,000 to be deposited into the trauma system special fund;

(3) For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E‑4(a) by:

(A) Prompt suspension of license and privilege to operate a vehicle for a period of one year with an absolute prohibition from operating a vehicle during the suspension period;

(B) Either one of the following:

(i) Not less than two hundred forty hours of community service work; or

(ii) Not less than five days but not more than fourteen days of imprisonment of which at least forty‑eight hours shall be served consecutively;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) A surcharge of not less than $2,000 but not more than $3,500 to be deposited into the trauma system special fund;

(4) For an offense that occurs within five years of two prior convictions for offenses under this section or section 291E‑4(a):

(A) A fine of not less than $500 but not more than $2,500;

(B) Revocation of license and privilege to operate a vehicle for a period not less than one year but not more than five years;

(C) Not less than ten days but not more than thirty days imprisonment of which at least forty‑eight hours shall be served consecutively;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; [~~and~~]

(E) A surcharge of not less than $2,500 but not more than $4,000 to be deposited into the trauma system special fund; and

[~~(E)~~] (F) Forfeiture under chapter 712A of the vehicle owned and operated by the person committing the offense; provided that the department of transportation shall provide storage for vehicles forfeited under this subsection; and

(5) Any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty‑eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed the maximum term of imprisonment provided in paragraph (1), (3), or (4)."

SECTION 3. Section 291E-61.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) For a conviction under this section, the sentence shall be either:

(1) An indeterminate term of imprisonment of five years; or

(2) A term of probation of five years, with conditions to include:

(A) Mandatory revocation of license and privilege to operate a vehicle for a period not less than one year but not more than five years;

(B) Not less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund[.]; and

(E) A surcharge of not less than $3,000 but not more than $4,500 to be deposited into the trauma system special fund.

In addition to the foregoing, any vehicle owned and operated by the person committing the offense shall be subject to forfeiture pursuant to chapter 712A, provided that the department of transportation shall provide storage for vehicles forfeited under this subsection."

SECTION 4. Section 321-22.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established within the state treasury a special fund to be known as the trauma system special fund to be administered and expended by the department of health. The fund shall consist of:

(1) Surcharges collected pursuant to sections 291E-61 and 291E-61.5;

(2) Cigarette tax revenues designated under section 245-15;

(3) Federal funds granted by Congress or executive order for the purpose of this chapter; provided that the acceptance and use of federal funds shall not commit state funds for services and shall not place an obligation upon the legislature to continue the purpose for which the federal funds are made available;

(4) Funds appropriated by the legislature for this purpose, including grants;

(5) Grants, donations, and contributions from private or public sources for the purposes of the trauma system special fund; and

(6) Interest on and other income from the fund, which shall be separately accounted for.

Moneys in the trauma system special fund shall not lapse at the end of the fiscal year. Expenditures from the trauma system special fund shall be exempt from chapters 103D and 103F."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	3373
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII