THE SENATE	S.R. NO.	20
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

SENATE RESOLUTION

AMENDING THE RULES OF THE SENATE TO ESTABLISH THAT A FAILURE TO SUBMIT TO A BREATHALYZER TEST, BLOOD TEST, OR FIELD SOBRIETY TEST DURING A LAWFUL STOP SHALL BE GROUNDS FOR EXPULSION.

WHEREAS, state legislators have a responsibility to lead by example and behave in a manner that is consistent with public safety; and

WHEREAS, safe roads are an essential component of everyday life; and

WHEREAS, the presence of intoxicated drivers jeopardizes the safety of public roads; and

WHEREAS, breathalyzer tests, blood tests, and field sobriety tests for intoxication are essential components of ensuring that intoxicated drivers are held accountable; and

WHEREAS, while everyday citizen drivers have the right to refuse to submit to breathalyzer tests, blood tests, and field sobriety tests when they are stopped by police upon suspicion of intoxicated driving, state legislators should be held to a higher standard; and

WHEREAS, Article III, Section 12 of the Hawaii State Constitution provides that each house of the Legislature "shall have, for misconduct, disorderly behavior or neglect of duty of any member, power to punish such member by censure or, upon a two-thirds vote of all the members to which such house is entitled, by suspension or expulsion of such member"; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Rules of the Senate shall be amended by inserting a new rule to be appropriately designated and to read as follows:

"Rule . Refusal to Submit to Breathalyzer, Blood, or Field Sobriety Tests.

If any member operating a motor vehicle is subject to a lawful stop by a law enforcement officer, and the officer requests that the member submit to a breathalyzer, blood, or field sobriety test, or any combination of the foregoing tests, the member shall consent. A member's failure to comply with this rule shall be deemed an act of misconduct and shall be grounds for expulsion, pursuant to Article III, Section 12 of the Constitution of the State of Hawaii.

provided that the formatting of the rule may be changed to conform to the formatting of most recent version of the Rules of the Senate; and

BE IT FURTHER RESOLVED that the new rule shall take effect on the date of the adoption of this measure; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to each member of this chamber.

OFFERED BY:

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Report Title:

Legislators; Misconduct; Driving; Rules; Discipline; Expulsion