STAND. COM. REP. NO. 1146

Honolulu, Hawaii

RE: S.B. No. 645

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 645 entitled:

"A BILL FOR AN ACT RELATING TO THE IGNITION INTERLOCK PROGRAM,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require that the revocation of license period for operating a vehicle under the influence of an intoxicant be tolled for any period in which the person does not have an ignition interlock device installed on a vehicle owned or operated by the person;

(2) Establish requirements for removal of a required ignition interlock device; and

(3) Allow a defendant to enroll/participate in an alcohol or substance abuse education or treatment program, or a sobriety program prior to conviction, which may count toward satisfying any mandatory enrollment/participation later ordered by the court.

Your Committee received testimony in support of this measure from the Department of Transportation; Casanova Powell Consulting; National 24/7 Advisory Council; Foundation for Advancing Alcohol Responsibility; Traffic Injury Research Foundation; Smart Start, LLC; O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawaii; Hawaii Strategic Highway Safety Plan; and one individual. Your Committee received testimony in opposition to this measure from SCRAM Systems.

Your Committee finds that ignition interlock systems are an effective way of preventing previous driving under the influence offenders from driving while drunk if the ignition interlock program is diligently adhered to. Your Committee further finds that allowing offenders to simply wait out the license revocation period is not consistent with the goals of the ignition interlock program. Your Committee additionally finds that a compliance-based removal system whereby offenders must prove compliance with ignition interlock program rules before their devices are removed is already the law in twenty-eight states. This measure will enhance the ignition interlock program by implementing best practices in the promotion of sober driving.

Your Committee has amended this measure by:

(1) Expanding the ignition interlock system to include other monitoring systems or technology that monitors a driver's alcohol concentration;

(2) Authorizing the court to order that a person install an alternative monitoring system or technology that fulfills an equivalent function to an ignition interlock; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 645, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 645, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair