CONFERENCE COMMITTEE REPORT NO. 25

                            Honolulu, Hawaii
                                            , 2000

                            RE:   H.B. No. 1881
                                  H.D. 2
                                  S.D. 2
                                  C.D. 1




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

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
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. 1881, H.D. 2, S.D. 2, entitled:

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

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 amend the laws relating to
operating a vehicle while using an intoxicant.

     More specifically, the purpose of the bill, which is divided
into four parts, is to:

     (1)  Reduce the maximum jail time that may be imposed for
          driving under the influence of drugs (Part 1);


 
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     (2)  Provide for revocation of motor vehicle registration
          for repeat intoxicated drivers under the administrative
          revocation of driver's license proceedings (Part 2);

     (3)  Amend driving and boating impaired statutes to
          consolidate and conform offenses relating to operating
          a vehicle while using an intoxicant and to incorporate
          present drug and boating impaired offenses and refusal
          to be tested for these offenses into the administrative
          license revocation provisions (Part 3); and

     (4)  Direct the Legislative Reference Bureau to propose and
          draft legislation prior to the regular session of 2001
          as necessary to conform and consolidate the varying
          statutory provisions of parts 1, 2, and 3 of the bill
          (Part 4).

     Upon further consideration, your Committee on Conference has
amended this bill by:

     (a)  Redefining "under the influence", on page 60, to mean a
          person:

          (1)  Is under the influence of alcohol in an amount
               sufficient to impair the person's normal mental
               faculties or ability to care for the person and
               guard against casualty; 

          (2)  Is under the influence of any drug that impairs
               the person's ability to operate the vehicle in a
               careful and prudent manner;

          (3)  Has .08 or more grams of alcohol per two hundred
               ten liters of the person's breath; or

          (4)  Has .08 or more grams of alcohol per one hundred
               milliliters or cubic centimeters of the person's
               blood;

     (b)  Making necessary conforming amendments relating to
          "under the influence" at pages: 62 line 1, 72 line 11,
          86 line 17, 87 lines 7 and 14, and 109 lines 9-21;

     (c)  Reinserting the definition of "impair" at page 57, as
          it appeared in H.B. No. 1881, S.D. 1;


 
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     (d)  Changing the definition of "intoxicant" at page 57 and
          making conforming amendments at pages: 76 lines 9-10,
          82 lines 1-2, 83 lines 9-10, and 93 lines 10-11;

     (e)  Codifying existing appellate case law, (See State v.
          Wilson, 92 Haw. 45, 987 P.2d 268 (1999) and Gray v.
          Administrative Director of the Court, 84 Haw. 138, 931
          P.2d 580 (1997)) concerning the minimum and maximum
          periods of administrative revocation possible under
          section 286-261(b)(1)-(3), HRS, at pages 38-39, and
          making amendments that mirror section 286-261(b) to
          section    -41(b) of Part 3 of the bill at page 103;
          and

     (f)  Making technical nonsubstantive changes at pages 110-
          115 to conform cross references and to correct an
          erroneous designation of subsections to reflect
          consecutive alphabetizing.

     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of H.B. No. 1881, H.D. 2, S.D. 2, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as H.B. No. 1881, H.D. 2, S.D. 2, C.D. 1.

                                   Respectfully submitted on
                                   behalf of the managers:

  ON THE PART OF THE SENATE          ON THE PART OF THE HOUSE




_____________________________     _______________________________
Sen. CAL KAWAMOTO                 Rep. KENNETH T. HIRAKI
Co-Chair                          Co-Chair



_____________________________     _______________________________
Sen. MATTHEW MATSUNAGA            Rep. ERIC G. HAMAKAWA
Co-Chair                          Co-Chair

 
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