STAND. COM. REP. NO. 1161

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1212
                                     S.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 Transportation, to which was referred S.B.
No. 1212, S.D. 2, 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 provide
uniformity and consistency in statutory provisions relating to
operating a vehicle while under the influence of intoxicants.

     Your Committee finds that many laws have been passed during
recent years relating to the use of intoxicants while operating
motor vehicles.  This has resulted in inconsistent statutory
provisions, including different punishments for similar offenses;
and the right to trial by jury for some impaired driving
offenses, but not for others.  Your Committee further finds that
the Department of Transportation, by House Concurrent Resolution,
No. 26, H.D.2, S.D. 2, was requested to Review Hawaii's Impaired
Driving Statutes and to Make Recommendations for Uniform
Statutory Construction.

     The proposed bill creates a new chapter within the Hawaii
Revised Statutes that:

     (1)  Reenacts many existing provisions in parts VII and XIV
          of chapter 286 and in chapter 291;

     (2)  Consolidates the implied consent provisions for driving
          with a measurable amount of alcohol, driving under the

 
 
                                 STAND. COM. REP. NO. 1161
                                 Page 2

 
          influence of intoxicating liquor, driving under the
          influence of drugs, and impaired boating offenses;

     (3)  Makes driving with a measurable amount of alcohol,
          driving under the influence of drugs, and impaired
          boating offenses subject to the administrative
          revocation of driver's license provisions, instead of
          providing for suspension of license or privilege to
          operate a vehicle pursuant to a district court hearing;
          and

     (4)  Makes the penalties for driving under the influence of
          drugs and impaired boating offenses consistent with
          those for driving under the influence of intoxicating
          liquor by consolidating those provisions into the
          offense of operating a vehicle while under the
          influence of an intoxicant.

     Testimonies in support of this bill were received from the
Department of Transportation, the Governor's Highway Safety
Council, the City and Council of Honolulu, the Honolulu Police
Department, and Mothers Against Drunk Driving.  The Judiciary
testified in support of the intent of this bill, with the
reservation that the Administrative Driver's License Revocation
Office (ADLRO) would need additional staffing by adding drug and
boating matters to the existing alcohol intoxication incidents.


     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 S.B. No.
1212, S.D. 2, and recommends that it pass Second Reading 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