CONFERENCE COMMITTEE REP. NO. 78-08

Honolulu, Hawaii

                 , 2008

RE:    H.B. No. 1153

       S.D. 1

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1153, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PRECURSORS TO THE MANUFACTURE OF CONTROLLED SUBSTANCES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to discourage the use of chemicals to illegally manufacture controlled substances by providing that:

(1)  All aircraft, vehicles, vessels, or other conveyances used or intended to be used to transport or facilitate the transport of precursor chemicals listed in section 329-61, Hawaii Revised Statutes (HRS), (listed precursor chemicals) that are used to illegally manufacture controlled substances;

(2)  All moneys, negotiable instruments, securities, and other things of value given or intended to be given to any person in exchange for listed precursor chemicals;

(3)  All proceeds traceable to such an exchange; and

(4)  All moneys, negotiable instruments, and securities used or intended to be used to facilitate the violation of section 329-65(c) or (d), HRS, exchanged in return for controlled substances,

are subject to seizure and forfeiture under chapter 712A, HRS.

     Your Committee on Conference has amended this bill by:

(1)  Clarifying that only the moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for listed precursor chemicals that facilitate a violation of section 329-65(c) or (d), HRS, are subject to seizure and forfeiture under chapter 712A, HRS; and

(2)  Changing the effective date to July 1, 2008.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1153, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1153, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ BRIAN T. TANIGUCHI, Chair

____________________________ TOMMY WATERS, Chair