STAND. COM. REP. NO.3036

Honolulu, Hawaii

, 2002

RE: H.B. No. 2301

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs, to which was referred H.B. No. 2301, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE USE OF INTOXICANTS,"

beg leave to report as follows:

The purposes of this measure are to clarify that a respondent who refuses to be tested or a minor respondent shall not be issued a conditional permit, to clarify the administrative hearing procedure, and to provide police officers with the option of informing the arrestee of revocation sanctions under section 291E-41 or 291E-65, Hawaii Revised Statutes (HRS).

Testimony in support of the intent of this measure was received from the Department of Transportation, Judiciary, City and County of Honolulu Department of Prosecuting Attorney, and Honolulu Police Department.

Your Committee has considered the provisions of this measure and prefers the language in S.B. No 2628, S.D. 1, previously heard in this Committee. As amended this measure also:

(1) Amends the definition of "repeat intoxicated driver" under section 291E-1, HRS; and

(2) Removes the phrase "Notwithstanding any other law to the contrary" from, and correctly formats, the provision prohibiting the issuance of conditional permits to respondents whose license is expired, suspended or revoked, or who refused a breath, blood, or urine test.

As affirmed by the records of votes of the members of your Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2301, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2301, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Transportation, Military Affairs and Government Operations and Tourism and Intergovernmental Affairs,

____________________________

DONNA MERCADO KIM, Chair

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CAL KAWAMOTO, Chair