STAND. COM. REP. NO. 2161

Honolulu, Hawaii

RE:    S.B. No. 2276

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committees on Education and Housing and Transportation, International and Intergovernmental Affairs, to which was referred S.B. No. 2276 entitled:

"A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR,"

beg leave to report as follows:

     The purpose of this measure is to prohibit the possession of open liquor containers in public housing common areas and on public streets and sidewalks.

     Testimony in support of this measure was submitted by one state agency, one county agency, and four individuals.  Written testimony presented to the Committees may be reviewed on the Legislature's website.

     Your Committees find that some non-residents and visitors to public housing projects consume intoxicating liquor on the grounds, sidewalks, common areas, and other sections of the housing projects, contributing to crime and undesirable behaviors.  Your Committees also find that police are often unable to arrest these individuals unless observed actually consuming liquor or unless a witness is willing to testify that the individuals were consuming liquor.  This measure provides police with a means to arrest individuals based on the possession of an open liquor container as prima facie evidence of consumption of liquor.

     Your Committees find that applying the prima facie evidence provision to all public sidewalks would be an overly broad solution that may have unintended impacts.  Accordingly, your Committees have amended this measure by narrowing the scope of the provision to apply only to sidewalks and common areas within public housing projects.

     As affirmed by the records of votes of the members of your Committees on Education and Housing and Transportation, International and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2276, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2276, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

Respectfully submitted on behalf of the members of the Committees on Education and Housing and Transportation, International and Intergovernmental Affairs,

____________________________ J. KALANI ENGLISH, Chair

____________________________ NORMAN SAKAMOTO, Chair