STAND. COM. REP. NO. 586

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 123
                                     H.D. 1




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

Sir:

     Your Committee on Transportation, to which was referred H.B.
No. 123 entitled: 

     "A BILL FOR AN ACT RELATING TO DRIVING UNDER THE INFLUENCE
     OF INTOXICATING LIQUOR,"

begs leave to report as follows:

     The purpose of this bill is to strengthen enforcement of
driving under the influence (DUI) offenses by requiring the
forfeiture of a motor vehicle being driven by a defendant upon
conviction of a third DUI offense or the offense of habitually
driving under the influence of intoxicating liquor or drugs.

     Your Committee finds that there are graduated penalties for
repeated DUI offenses, but that drivers continue to endanger
themselves and others by continuing to drive after excessive
consumption of intoxicating liquor or drugs.  Your Committee
believes that were drivers aware that they might be deprived of
their vehicles for repeated DUI offenses, that this possibility
would be a strong deterrent to continued abuse of alcohol or
drugs.

     Testimonies in support of this bill were received from the
Department of Transportation, the Department of the Prosecuting
Attorney of the City and County of Honolulu, the Impaired Driving
Task Force of the Governor's Highway Safety Council, and Mothers
Against Drunk Driving. The Honolulu Police Department and the
Hawaii Transportation Association supported the intent of the

 
 
 
                                 STAND. COM. REP. NO. 586
                                 Page 2

 
bill. The Office of the Public Defender provided comments for
consideration. 
 
     The Department of Transportation further testified that
federal funding for highway construction and maintenance could be
withheld unless minimum penalties are provided for repeat
offenders.  The Hawaii Transportation Association expressed
concern about the loss of a trucking company's vehicles.

     Your Committee has amended this bill by providing that the
forfeiture of a vehicle be permitted by the court, pursuant to
chapter 712A, Hawaii Revised Statutes.

     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.
123, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 123, 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