STAND. COM. REP. NO. 1868

Honolulu, Hawaii

, 2021

RE: S.B. No. 765

S.D. 2

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 765, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO OPERATING A VEHICLE UNDER THE INFLUENCE OF AN INTOXICANT,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish sentencing guidelines for highly intoxicated drivers;

(2) Require the installation of an ignition interlock device on all vehicles operated by a person upon license revocation for operating a vehicle under the influence of an intoxicant, subject to specified exceptions;

(3) Increase the license revocation period and extend the applicable lookback periods; and

(4) Amend the penalties for operating a vehicle under the influence of an intoxicant.

Your Committee received testimony in support of this measure from the Department of Transportation, Hawai‘i Police Department, Office of the Prosecuting Attorney of the County of Kaua‘i, Honolulu Police Department, Hawaii Bicycling League, AAA Hawai‘i, and Hawaii Strategic Highway Safety Plan. Your Committee received testimony in opposition to this measure from the Office of the Public Defender. Your Committee received comments on this measure from the Maui Police Department, Department of Prosecuting Attorney of the County of Maui, Department of the Prosecuting Attorney of the City and County of Honolulu, and Mothers Against Drunk Driving Hawai‘i.

Your Committee has amended this measure by:

(1) Deleting language that would have subjected a person who is convicted of habitually operating a vehicle under the influence of an intoxicant and was a highly intoxicated driver to a $50 surcharge and, if the court so ordered, $100 surcharge, to be deposited into the Neurotrauma Special Fund and Trauma System Special Fund, respectively; and

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

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 765, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 765, S.D. 2, H.D. 2.

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

____________________________

SYLVIA LUKE, Chair