CONFERENCE COMMITTEE REPORT NO.61

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 4
                                  H.D. 1
                                  S.D. 1
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on  the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 4, H.D. 1, S.D. 1, entitled:

    "A BILL FOR AN ACT RELATING TO POLICE ROADBLOCK PROGRAMS,"

having met, and after  full  and  free  discussion, has agreed to
recommend and does recommend  to  the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is  to clarify that, in the case of
internal police procedures  that  are  not  subject to the Hawaii
Administrative  Procedure   Act,   chapter   91,  Hawaii  Revised
Statutes, failure of the police  to comply scrupulously with such
internal police procedures shall  not invalidate a roadblock that
otherwise  meets  the  minimum  statutory  criteria  provided  in
section 286-162.6, Hawaii Revised Statutes.

     The Hawaii intermediate court of appeals, in State v. Fedak,
9 Haw.  App.  98  (1992),  ruled  that  internal police roadblock

 
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procedures   exceeding    the    minimum    statutory   roadblock
requirements, as set  out  in  section  286-162.6, Hawaii Revised
Statutes, must be "scrupulously" followed  and that failure to do
so will result in a  determination that motor vehicles stopped at
such a roadblock have been  improperly seized.  Your Committee on
Conference  finds  that  the  Legislature  did  not  intend  that
properly constituted  roadblocks,  meeting  the minimum statutory
criteria under section  286-162.6,  be invalidated merely because
of the failure of the police to comply scrupulously with internal
police procedures that are not subject to chapter 91.

     Your  Committee  on  Conference  has  amended  the  bill  by
clarifying  that  the  exempt  internal  police  procedures being
referred to are  those  that  are  not  "rules"  as defined under
section 91-1(4), Hawaii Revised Statutes.

     Your Committee on Conference  is  in  accord with the intent
and purpose of H.B. No. 4, H.D. 1, S.D. 1, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as H.B. No. 4, H.D. 1, S.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
CAL KAWAMOTO, Co-Chair             KENNETH T. HIRAKI, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
AVERY B. CHUMBLEY, Co-Chair        PAUL T. OSHIRO, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
ROBERT BUNDA, Member               KENNY GOODENOW, Member
                                   
                                   
                                   
______________________________     ______________________________
RANDY IWASE, Member                MARK MOSES, Member



______________________________
SAM SLOM, Member

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