STAND. COM. REP. NO. 1050-20

Honolulu, Hawaii

, 2020

RE: S.B. No. 2235

S.D. 2

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 S.B. No. 2235, S.D. 2, 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 establish a funding source to support a state drug and alcohol toxicology testing laboratory by:

(1) Establishing a state drug and alcohol toxicology testing laboratory special fund, to be administered by the Department of Health; and

(2) Depositing into the special fund fines paid by repeat and habitual offenders who have operated vehicles under the influence of an intoxicant and offenders who have operated vehicles after their license and privilege to operate a vehicle were suspended or revoked for operating a vehicle under the influence of an intoxicant.

Your Committee received testimony in support of this measure from the Department of Public Safety, Department of Transportation, Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Hawaii, Honolulu Police Department, Mothers Against Drunk Driving Hawaii, Hawaii Bicycling League, and Strategic Highway Safety Plan. Your Committee received comments on this measure from the Department of Budget and Finance and Department of Health.

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 making a technical, nonsubstantive amendment for the purposes of style, clarity, and consistency.

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. 2235, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2235, S.D. 2, 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