STAND. COM. REP. NO. 1616

Honolulu, Hawaii

RE: S.C.R. No. 181

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Transportation and Culture and the Arts, to which was referred S.C.R. No. 181 entitled:

"SENATE CONCURRENT RESOLUTION URGING THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH A WORKING GROUP ON LOWERING THE LEGAL LIMIT OF BLOOD ALCOHOL CONCENTRATION TO 0.05 GRAMS OF ALCOHOL PER ONE HUNDRED MILLILITERS OF BLOOD,"

begs leave to report as follows:

The purpose and intent of this measure is to urge the Department of Transportation to establish a working group on lowering the legal limit of blood alcohol concentration to 0.05 grams of alcohol per one hundred milliliters of blood.

Your Committee received testimony in support of this measure from the Office of the Governor, Hawaii Substance Abuse Coalition, Hawaiʻi Alcohol Policy Alliance, and one individual.

Your Committee received testimony in opposition to this measure from one individual.

Your Committee received comments on this measure from the Office of the Public Defender and one individual.

Your Committee finds that more than one hundred countries have reduced their legal blood alcohol concentration levels to 0.05 percent or lower, including Australia, Austria, France, Germany, Italy, and Spain. Your Committee further finds that from 2011 to 2022, at least forty percent of traffic fatalities in Hawaii involved alcohol. Your Committee believe that reducing the legal blood alcohol concentration limit to 0.05 percent would likely lead to fewer instances of impaired driving and its consequences. Therefore, this measure requests the Department of Transportation to convene a working group to study the potential effects of future legislation that would decrease the legal blood alcohol limit for drivers throughout the State.

Your Committee has amended this measure by:

(1) Clarifying that the intent of the working group is to prioritize safety and saving lives on Hawaii's roads;

(2) Inserting language to request that the working group additionally include the following members:

(A) A representative from the Office of the Public Defender;

(B) A representative from the Office of the Prosecuting Attorney of Kauai;

(C) A representative from the Office of the Prosecuting Attorney of Hawaii; and

(D) A representative from the Department of the Prosecuting Attorney of Maui;

(3) Inserting language to request that the working group invite the following individuals to participate as members of the working group:

(A) A representative from the National Transportation Safety Board;

(B) A representative of Hawaii establishments selling alcohol;

(C) A representative of Hawaii restaurants;

(D) A representative from an organization doing work on reducing alcohol-related fatalities; and

(E) Any other members as deemed appropriate;

(4) Inserting language to request the working group to examine data to identify:

(A) The number of alcohol-related fatalities and injuries per year in Hawaii;

(B) The number of expected fatalities and injuries per year involving drivers with a blood alcohol concentration of .05 grams of alcohol per one hundred milliliters of blood, based on real world results in other places;

(C) How alcohol and food revenues are affected in other places that require drivers to have a blood alcohol concentration of .05 grams of alcohol per one hundred milliliters of blood;

(D) How much revenue could be expected to be gained or lost by decreasing the legal blood alcohol concentration to .05 grams of alcohol per one hundred milliliters of blood in Hawaii;

(E) Mitigating steps to help bars and restaurants adapt to any potential loss of revenue or options that might be recommended to address any loss; and

(F) Any recommendations to increase public awareness and phase-in legislation;

(5) Amending its title accordingly; and

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

As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 181, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 181, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,

________________________________

CHRIS LEE, Chair