STAND. COM. REP. NO. 3846

Honolulu, Hawaii

RE: H.B. No. 2337

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2337, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to clarify the definitions of "drug", "substance", and "substance abuse" for the purposes of violations for operating a vehicle under the influence of an intoxicant.

Your Committee received testimony in support of this measure from the Department of Transportation, Honolulu Police Department, Mothers Against Drunk Driving Hawaii, and AAA Hawai‘i. Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that the current definition of "drug" in chapter 291E, Hawaii Revised Statutes, is defined as any controlled substance listed in schedules I through IV in chapter 329, Hawaii Revised Statutes. This definition limits law enforcement and prosecutors from keeping roads safe from impaired drivers because many substances that are being abused are not listed as schedules I through IV drugs, such as kava, kratom, toluene, certain muscle relaxants, and over-the-counter cough syrup. These substances all have the capability to impair drivers, despite not being listed as schedules I through IV in chapter 329, Hawaii Revised Statutes. This measure will protect the public from impaired drivers by clarifying the definitions of "drug", "substance", and "substance abuse" for the purposes of operating a vehicle under the influence of an intoxicant violations.

Your Committee has amended this measure by making it effective upon its approval.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2337, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2337, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair