STAND. COM. REP. NO. 290-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2692
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B.
No. 2692 entitled: 

     "A BILL FOR AN ACT RELATING TO DRIVING UNDER INFLUENCE,"

begs leave to report as follows:

     The purpose of this bill is to provide the following:

     (1)  A police officer shall determine the type of test taken
          by the person suspected of driving under the influence
          of intoxicants;

     (2)  Permits a person's refusal to take a test as admissible
          in court; and

     (3)  Changes the definition of drugs.

     Your Committee finds that some intoxicants, such as
inhalants, are more easily detected in blood than in urine.  Your
Committee further finds that by allowing police officers to
choose what test to administer, a better indication as to the
cause of the driver's impairment will be available.

     Testimonies in support of this bill were received from the
Department of Transportation, the Judiciary, the Department of
the Prosecuting Attorney of the City and County of Honolulu, the
Honolulu Police Department, and Mothers Against Drunk Driving.
Testimony in opposition to this bill was received from the

 
 
 
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                                 Page 2

 
Pharmaceutical Research and Manufacturers of America and the
Hawaii Criminal Defense Lawyers Association.

     Your Committee has amended this bill by deleting the
proposed amendments to section 291-7, HRS, which expanded the
definition of drugs.

     As affirmed by the record of votes of the members of your
Committee on Transportation that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2692, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2692, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

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



                                   ______________________________
                                   KENNETH T. HIRAKI, Chair