STAND. COM. REP. NO. 929

Honolulu, Hawaii

RE:    H.B. No. 1435

       H.D. 2

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committees on Transportation and International Affairs and Public Safety, Government Operations, and Military Affairs, to which was referred H.B. No. 1435, H.D. 2, entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to make amendments to the State's ignition interlock law recommended by the Hawaii Ignition Interlock Implementation Task Force pursuant to Act 171, Session Laws of Hawaii 2008, as amended.  This measure, among other things:

     (1)  Eliminates the requirement that the arresting officer take possession of the motor vehicle registration and remove the license plate, and issue a temporary motor vehicle registration and temporary number plate for the motor vehicle; and

     (2)  Requires the installation of an ignition interlock device in any motor vehicle that the repeat intoxicated driver operates.

Your Committees received testimony in support of this measure from the Department of the Attorney General, City and County of Honolulu Department of the Prosecuting Attorney, Mothers Against Drunk Driving HAWAII, Hawaii Ignition Interlock Implementation Task Force, Iron Workers Stabilization Fund, and three individuals.  Your Committee received testimony in opposition to this measure from the Department of Transportation, Department of Health, and Honolulu Police Department.  Your Committee received comments on this measure from the Judiciary and City and County of Honolulu Department of Customer Services.

     Act 171, Session Laws of Hawaii 2008, established an Ignition Interlock Program.  The purpose of the program is to require drivers whose licenses have been administratively revoked for, or who have been convicted of, operating a vehicle while under the influence of an intoxicant to install an ignition interlock device on their vehicles.  The device will prevent these drivers from starting or operating their vehicles when the driver has more than a minimal concentration of alcohol.

     Act 171 also established the Hawaii Ignition Interlock Implementation Task Force to study the issues surrounding implementation of the program and to make recommendations to address them.  The Hawaii Ignition Interlock Implementation Task Force met numerous times in committees and as a whole, had comprehensive discussions on a multitude of issues relating to the implementation of the Ignition Interlock Program, and made recommendations for statutory amendments necessary to implement the program.

     Your Committees have amended this measure by deleting its contents and replacing them with the contents of S.B. No. 825, S.D. 1, which:

     (1)  Extends the sunset date of the Hawaii Ignition Interlock Implementation Task Force to June 30, 2012;

     (2)  Inserts an effective date of July 1, 2011; and

     (3)  Makes technical, nonsubstantive amendments for the purposes of clarity and consistency.

     Finally, your Committees have further amended this measure by clarifying that this measure applies retroactively to arrests occurring on or after January 1, 2011.

     As affirmed by the records of votes of the members of your Committees on Transportation and International Affairs and Public Safety, Government Operations, and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1435, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1435, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committees on Transportation and International Affairs and Public Safety, Government Operations, and Military Affairs,

____________________________ WILL ESPERO, Chair

____________________________ J. KALANI ENGLISH, Chair