STAND. COM. REP. NO. 1034

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 3
                                     H.D. 2




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

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 3, H.D. 1, entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to consolidate and make
consistent statutory provisions relating to driving while
impaired by drugs or intoxicating liquor.

     Testimony in support of this bill was received from the
Judiciary, the Department of Transportation, the Department of
the Prosecuting Attorney for the City and County of Honolulu, the
Governor's Highway Safety Council, Impaired Driving Task Force,
the Department of Land and Natural Resources, the Honolulu Police
Department, Mother's Against Drunk Driving, and a member of the
public.  Additional testimony was received from the Office of the
Public Defender.

     Your Committee finds that there currently is a backlog of
cases of driving under the influence of drugs.  Your Committee
believes that reduction of the maximum imprisonment for these and
other similar offenses to 30 days will ensure that the right to
jury trial in these cases will not attach.

     Your Committee further finds that although the law prohibits
the operation of a marine vessel while intoxicated, there is no
prohibition for operating a marine vessel while under the
influence of drugs.

 
 
                                 STAND. COM. REP. NO. 1034
                                 Page 2

 

     Your Committee has amended this bill by:

     (1)  Deleting its contents and replacing it with language to
          conform the jail terms for driving under the influence
          of drugs and operating a vessel under the influence of
          intoxicating liquor with existing jail terms for
          driving under the influence of intoxicating liquor; and

     (2)  Creating a new offense of operating a vessel under the
          influence of drugs which is also consistent with the
          penalties provided in other impaired driving or boating
          statutes.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 3, H.D. 1, as amended herein, and recommends
that it pass Third Reading in the form attached hereto as H.B.
No. 3, H.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair