REPORT TITLE:
Highway Safety


DESCRIPTION:
Conforms provisions relating to the consumption of alcohol and
open alcoholic beverages to federal laws.

 
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                                                        2954
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HIGHWAY SAFETY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 291-3.1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�291-3.1  Consuming or possessing intoxicating liquor while
 
 4 [operating] in a motor vehicle or on a moped.(a)  No person
 
 5 shall consume any intoxicating liquor while operating a motor
 
 6 vehicle or moped upon any public street, road, or highway.
 
 7      (b)  No person shall possess, while operating a motor
 
 8 vehicle or moped upon any public street, road, or highway, any
 
 9 bottle, can, or other receptacle containing any intoxicating
 
10 liquor which has been opened, or a seal broken, or the contents
 
11 of which have been partially removed.
 
12      (c)  [This section shall not apply to the living quarters of
 
13 a trailer or camper.]  The driver of a motor vehicle or moped,
 
14 whether operating the motor vehicle or moped or not, shall not at
 
15 any time consume intoxicating liquor or possess any bottle, can,
 
16 or other receptacle containing any intoxicating liquor which has
 
17 been opened, or a seal broken, or the contents of which have been
 
18 partially removed, while in any motor vehicle or on any moped
 
19 situated on a public street, road, or highway.
 

 
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 1      (d)  Any person violating this section shall be fined not
 
 2 more than $2,000 or imprisoned not more than thirty days, or
 
 3 both."
 
 4      SECTION 2.  Section 291-3.2, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "�291-3.2  Consuming or possessing intoxicating liquor while
 
 7 a passenger in a motor vehicle [.] or on a moped.  (a)  No person
 
 8 shall consume any intoxicating liquor while a passenger in any
 
 9 motor vehicle or on any moped upon any public street, road, or
 
10 highway.
 
11      (b)  No person shall possess, while a passenger in a motor
 
12 vehicle or on a moped upon any public street, road, or highway,
 
13 any bottle, can, or other receptacle containing any intoxicating
 
14 liquor which has been opened, or a seal broken, or the contents
 
15 of which have been partially removed.
 
16      [(c)  This section shall not apply to the living quarters of
 
17 a trailer or camper.
 
18      (d)]  (c)  Any person violating this section shall be guilty
 
19 of a petty misdemeanor."
 
20      SECTION 3.  Section 291-3.3, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "�291-3.3  Storage of opened container containing
 
23 intoxicating liquor or consumption at scenic lookout.(a)  No
 

 
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 1 person shall keep in a motor vehicle, or on a moped when such
 
 2 vehicle or moped is upon any public street, road, or highway or
 
 3 at any scenic lookout, any bottle, can, or other receptacle
 
 4 containing any intoxicating liquor which has been opened, or a
 
 5 seal broken, or the contents of which have been partially removed
 
 6 or fully removed, unless such container is kept in the trunk of
 
 7 the vehicle, or kept in some other area of the vehicle not
 
 8 normally occupied by the driver or passengers, if the vehicle is
 
 9 not equipped with a trunk.  A utility or glove compartment shall
 
10 be deemed to be within the area occupied by the driver and
 
11 passengers.
 
12      (b)  No person shall consume any intoxicating liquor at any
 
13 scenic lookout.
 
14      (c)  Subsection  (a)  of this section shall not apply to a
 
15 recreational or other vehicle not having a separate trunk
 
16 compartment[, or to the living quarters of a trailer or camper].
 
17      (d)  Any person violating this section shall be guilty of a
 
18 violation."
 
19      SECTION 4.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored. 
 
21 
 
22      SECTION 5.  This Act shall take effect upon its approval. 
 
23 
 
24                           INTRODUCED BY:  _______________________
 

 
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