STAND. COM. REP. NO. 1608

Honolulu, Hawaii

RE: H.B. No. 334

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 334, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish a state drug and alcohol toxicology testing laboratory special fund, to be administered by the Department of Health;

(2) Deposit into the special fund fines imposed on offenders convicted of certain offenses involving operation of a vehicle under the influence of an intoxicant; and

(3) Require expenditure reports to the Legislature.

Your Committees received testimony in support of this measure from the Department of Health, Department of Transportation, Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui; Office of the Prosecuting Attorney of the County of Kaua‘i, Honolulu Police Department, Hawai‘i Police Department, Maui Police Department, Hawai‘i Chapter of Mothers Against Drunk Driving, and Hawai‘i Strategic Highway Safety Plan. Your Committees received comments on this measure from the Department of Budget and Finance.

Your Committees find that highway safety in Hawai‘i is compromised by intoxicated drivers who continue to jeopardize the safety of all road users. Although the police continue their efforts to make the roads safer by arresting those individuals suspected of driving while impaired, prosecuting these cases can be hampered when test results are not available in time for the respective hearings and also by expensive court costs. Your Committees further find that presently, the testing of blood and urine samples obtained for the purpose of prosecuting cases involving the operation of a motor vehicle under the influence of an intoxicant is largely performed by private out-of-state laboratories, which takes a considerable amount of time to complete, and can lead to test results not being timely provided for trial resulting in a case dismissal. This measure establishes a special fund to sustain a drug and alcohol laboratory in the State.

Your Committees have amended this measure by:

(1) Changing its effective date to May 6, 2137; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 334, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 334, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair