STAND. COM. REP. NO. 1341

Honolulu, Hawaii

RE:    H.B. No. 981

       H.D. 2

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 981, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

     The purpose of this measure is to amend Act 171, Session Laws of Hawaii (SLH) 2008, relating to the implementation of use of an ignition interlock device, to reflect recommendations of the Hawaii Ignition Interlock Implementation Task Force, and to extend the life of the Task Force to January 1, 2011.

     The Hawaii Ignition Interlock Implementation Task Force was created by Act 171, SLH 2008, to make recommendations to the Legislature to implement Act 171.  The Task Force was broadly representative of the Legislature, the Judiciary, relevant executive departments of the State and counties, and concerned citizen groups.  Recognizing the need to resolve a number of outstanding issues in the transition to use ignition interlock devices, the Legislature delayed the effective date of Act 171 to July 1, 2010.

     Your Committee believes that using interlock devices to deter intoxicated drivers from driving is a natural extension of existing law providing penalties for drunk driving.

     Your Committee has amended this measure by:

     (1)  Deleting the administrative penalty of a petty misdemeanor for an implied consent violation, which is a criminal offense and outside the realm of an administrative license revocation;

     (2)  Adding an effective date of July 1, 2050, to continue the discussions on this matter; and

     (3)  Making technical, nonsubstantive amendments.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 981, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 981, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair