STAND. COM. REP. NO. 194-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2003

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 2003 entitled:

"A BILL FOR AN ACT RELATING TO THE USE OF INTOXICANTS WHILE OPERATING A VEHICLE,"

begs leave to report as follows:

The purpose of this measure is to expand the role of the Department of Health's state drug and alcohol toxicology testing laboratory by establishing a state drug and alcohol toxicology testing laboratory special fund.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Kauai, Honolulu Police Department, MADD Hawaii, PATH - Peoples Advocacy for Trails Hawaii, and two individuals. Your Committee received comments on this measure from the Department of Health, Department of Public Safety, Department of Transportation, and Department of Budget and Finance.

Your Committee finds that presently, testing of blood and urine samples obtained for the purpose of cases involving the operation of a motor vehicle while under the influence of an intoxicant is performed by private laboratories, with the exception of blood alcohol testing within the City and County of Honolulu. This drug and alcohol testing performed by private laboratories, including out-of-state laboratories, is costly and time-consuming. Occasions have occurred where the test results were not timely for trial, thereby causing cases to be dismissed.

Your Committee has amended this measure by:

(1) Specifying that monies in the state drug and alcohol toxicology testing laboratory special fund will be expended by the Department of Health, rather than the Department of Public Safety; and

(2) Changing its effective date to July 1, 2050, to encourage further discussion.

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. 2003, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2003, H.D. 1, and be referred to your Committee on Judiciary.

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

____________________________

HENRY J.C. AQUINO, Chair